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1 G:\P\16\HR1\INTRO.XML ... (Original Signature of Member) TH 116 CONGRESS 1 ST S ESSION H. R. 1 To expand Americans’ access to the ballot box, reduce the influence of big money in politics, and strengthen ethics rules for public servants, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. S ARBANES (for himself and Ms. P ELOSI ) introduced the following bill; lllllllllllllll which was referred to the Committee on A BILL To expand Americans’ access to the ballot box, reduce the influence of big money in politics, and strengthen ethics rules for public servants, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 4 This Act may be cited as the ‘‘For the People Act 5 of 2019’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

2 G:\P\16\HR1\INTRO.XML 2 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 1 2 CONTENTS. (a) D 3 IVISIONS .—This Act is organized into 3 divi- 4 sions as follows: 5 (1) Division A—Voting. (2) Division B—Campaign Finance. 6 7 (3) Division C—Ethics. (b) T ONTENTS ABLE OF 8 C .—The table of contents of 9 this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents DIVISION A—VOTING TITLE I—ELECTION ACCESS Sec. 1000. Short title; statement of policy. Subtitle A—Voter Registration Modernization Sec. 1000A. Short title. ART 1—P ROMOTING I NTERNET R EGISTRATION P Sec. 1001. Requiring availability of Internet for voter registration. Sec. 1002. Use of Internet to update registration information. Sec. 1003. Provision of election information by electronic mail to individuals registered to vote. Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1005. Effective date. 2—A UTOMATIC ART OTER R EGISTRATION V P Sec. 1011. Short title; findings and purpose. Sec. 1012. Automatic registration of eligible individuals. Sec. 1013. Contributing agency assistance in registration. Sec. 1014. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 1015. Voter protection and security in automatic registration. Sec. 1016. Registration portability and correction. Sec. 1017. Payments and grants. Sec. 1018. Treatment of exempt States. Sec. 1019. Miscellaneous provisions. Sec. 1020. Definitions. Sec. 1021. Effective date. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

3 G:\P\16\HR1\INTRO.XML 3 EGISTRATION 3—S AY V OTER R D AME ART P Sec. 1031. Same day registration. 4—C ONDITIONS ON R EMOVAL ON B ASIS OF I NTERSTATE C ROSS P ART - HECKS C Sec. 1041. Conditions on removal of registrants from official list of eligible vot- ers on basis of interstate cross-checks. V THER I NITIATIVES TO P ROMOTE ART OTER R EGISTRATION 5—O P Sec. 1051. Annual reports on voter registration statistics. ART 6—A VAILABILITY OF HAVA R EQUIREMENTS P AYMENTS P Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. 7—P I NTERFERENCE W ITH V OTER R EGISTRATION ART ROHIBITING P Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registra- tion. Sec. 1072. Establishment of best practices. Subtitle B—Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences. Sec. 1103. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Subtitle C—Prohibiting Voter Caging Sec. 1201. Voter caging and other questionable challenges prohibited. Sec. 1202. Development and adoption of best practices for preventing voter caging. Subtitle D—Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 1301. Short title. Sec. 1302. Prohibition on deceptive practices in Federal elections. Sec. 1303. Corrective action. Sec. 1304. Reports to Congress. Subtitle E—Democracy Restoration Sec. 1401. Short title. Sec. 1402. Rights of citizens. Sec. 1403. Enforcement. Sec. 1404. Notification of restoration of voting rights. Sec. 1405. Definitions. Sec. 1406. Relation to other laws. Sec. 1407. Federal prison funds. Sec. 1408. Effective date. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

4 G:\P\16\HR1\INTRO.XML 4 Subtitle F—Promoting Accuracy, Integrity, and Security Through Voter- Verified Permanent Paper Ballot Sec. 1501. Short title. Sec. 1502. Paper ballot and manual counting requirements. Sec. 1503. Accessibility and ballot verification for individuals with disabilities. Sec. 1504. Durability and readability requirements for ballots. Sec. 1505. Effective date for new requirements. Subtitle G—Provisional Ballots Sec. 1601. Requirements for counting provisional ballots; establishment of uni- form and nondiscriminatory standards. Subtitle H—Early Voting Sec. 1611. Early voting. Subtitle I—Voting by Mail Sec. 1621. Voting by Mail. Subtitle J—Absent Uniformed Services Voters and Overseas Voters Sec. 1701. Pre-election reports on availability and transmission of absentee bal- lots. Sec. 1702. Enforcement. Sec. 1703. Revisions to 45-day absentee ballot transmission rule. Sec. 1704. Use of single absentee ballot application for subsequent elections. Sec. 1705. Effective date. Subtitle K—Poll Worker Recruitment and Training Sec. 1801. Leave to serve as a poll worker for Federal employees. Sec. 1802. Grants to States for poll worker recruitment and training. Sec. 1803. State defined. Subtitle L—Enhancement of Enforcement Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle M—Federal Election Integrity Sec. 1821. Prohibition on campaign activities by chief State election adminis- tration officials. Subtitle N—Promoting Voter Access Through Election Administration Improvements ART 1—P ROMOTING V OTER A CCESS P Sec. 1901. Treatment of universities as voter registration agencies. Sec. 1902. Minimum notification requirements for voters affected by polling place changes. Sec. 1903. Election Day holiday. Sec. 1904. Permitting use of sworn written statement to meet identification re- quirements for voting. Sec. 1905. Postage-free ballots. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

5 G:\P\16\HR1\INTRO.XML 5 Sec. 1906. Reimbursement for costs incurred by States in establishing program to track and confirm receipt of absentee ballots. Sec. 1907. Voter information response systems and hotline. MPROVEMENTS IN PERATION OF E LECTION A SSISTANCE ART O 2—I P OMMISSION C Sec. 1911. Reauthorization of Election Assistance Commission. Sec. 1913. Requiring states to participate in post-general election surveys. Sec. 1914. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1915. Recommendations to improve operations of Election Assistance Commission. Sec. 1916. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. ART ISCELLANEOUS P ROVISIONS P 3—M Sec. 1921. Application of laws to Commonwealth of Northern Mariana Islands. Sec. 1922. No effect on other laws. Subtitle O—Severability Sec. 1931. Severability. TITLE II—ELECTION INTEGRITY Subtitle A—Findings Reaffirming Commitment of Congress to Restore the Voting Rights Act Sec. 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act. Subtitle B—Findings Relating to Native American Voting Rights Sec. 2101. Findings relating to Native American voting rights. Subtitle C—Findings Relating to District of Columbia Statehood Sec. 2201. Findings relating to District of Columbia statehood. Subtitle D—Findings Relating to Territorial Voting Rights Sec. 2301. Findings relating to territorial voting rights. Subtitle E—Redistricting Reform Sec. 2400. Short title; finding of constitutional authority. 1—R ART C ONGRESSIONAL R EDISTRICTING EQUIREMENTS FOR P Sec. 2401. Limit on congressional redistricting after an apportionment. Sec. 2402. Requiring congressional redistricting to be conducted through plan of independent State commission. 2—I NDEPENDENT R EDISTRICTING C OMMISSIONS ART P Sec. 2411. Independent redistricting commission. Sec. 2412. Establishment of selection pool of individuals eligible to serve as members of commission. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

6 G:\P\16\HR1\INTRO.XML 6 Sec. 2413. Criteria for redistricting plan by independent commission; public no- tice and input. Sec. 2414. Establishment of related entities. LANS OLE OF OURTS IN D EVELOPMENT OF R ART P C 3—R EDISTRICTING P Sec. 2421. Enactment of plan developed by 3-judge court. Sec. 2422. Special rule for redistricting conducted under order of Federal court. 4—A P M ISCELLANEOUS P ROVISIONS ART DMINISTRATIVE AND Sec. 2431. Payments to States for carrying out redistricting. Sec. 2432. Civil enforcement. Sec. 2433. State apportionment notice defined. Sec. 2434. No effect on elections for State and local office. Sec. 2435. Effective date. Subtitle F—Saving Voters From Voter Purging Sec. 2501. Short title. Sec. 2502. Conditions for removal of voters from list of registered voters. Subtitle G—Severability Sec. 2601. Severability. TITLE III—ELECTION SECURITY Sec. 3000. Short title; sense of Congress. Subtitle A—Financial Support for Election Infrastructure ART 1—V OTING S YSTEM S ECURITY I MPROVEMENT G RANTS P Sec. 3001. Grants for obtaining compliant paper ballot voting systems and car- rying out voting system security improvements. Sec. 3002. Coordination of voting system security activities with use of require- ments payments and election administration requirements under Help America Vote Act of 2002. Sec. 3003. Incorporation of definitions. 2—G RANTS FOR R ISK - LIMITING A ART R ESULTS OF E LECTIONS UDITS OF P Sec. 3011. Grants to States for conducting risk-limiting audits of results of elections. Sec. 3012. GAO analysis of effects of audits. ART 3—E LECTION I NFRASTRUCTURE I NNOVATION G RANT P ROGRAM P Sec. 3021. Election infrastructure innovation grant program. Subtitle B—Security Measures Sec. 3101. Election infrastructure designation. Sec. 3102. Timely threat information. Sec. 3103. Security clearance assistance for election officials. Sec. 3104. Security risk and vulnerability assessments. Sec. 3105. Annual reports. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

7 G:\P\16\HR1\INTRO.XML 7 Subtitle C—Enhancing Protections for United States Democratic Institutions Sec. 3201. National strategy to protect United States democratic institutions. Sec. 3202. National Commission to Protect United States Democratic Institu- tions. Subtitle D—Promoting Cybersecurity Through Improvements in Election Administration Sec. 3301. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines. Sec. 3302. Treatment of electronic poll books as part of voting systems. Sec. 3303. Pre-election reports on voting system usage. Sec. 3304. Streamlining collection of election information. Subtitle E—Preventing Election Hacking Sec. 3401. Short title. Sec. 3402. Election Security Bug Bounty Program. Sec. 3403. Definitions. Subtitle F—Miscellaneous Provisions Sec. 3501. Definitions. Sec. 3502. Initial report on adequacy of resources available for implementation. Subtitle G—Severability Sec. 3601. Severability. DIVISION B—CAMPAIGN FINANCE TITLE IV—CAMPAIGN FINANCE TRANSPARENCY Subtitle A—Findings Relating to Illicit Money Undermining Our Democracy Sec. 4001. Findings relating to illicit money undermining our democracy. Subtitle B—DISCLOSE Act Sec. 4100. Short title. ART 1—R EGULATION OF C ERTAIN P OLITICAL S PENDING P Sec. 4101. Application of ban on contributions and expenditures by foreign na- tionals to domestic corporations, limited liability corporations, and partnerships that are foreign-controlled, foreign-influenced, and foreign-owned. Sec. 4102. Clarification of application of foreign money ban to certain disburse- ments and activities. 2—R EPORTING OF C AMPAIGN P ELATED D ISBURSEMENTS ART -R Sec. 4111. Reporting of campaign-related disbursements. Sec. 4112. Application of foreign money ban to disbursements for campaign-re- lated disbursements consisting of covered transfers. Sec. 4113. Effective date. ART 3—O THER A DMINISTRATIVE P EFORMS R g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

8 G:\P\16\HR1\INTRO.XML 8 Sec. 4121. Petition for certiorari. Sec. 4122. Judicial review of actions related to campaign finance laws. Subtitle C—Honest Ads Sec. 4201. Short title. Sec. 4202. Purpose. Sec. 4203. Findings. Sec. 4204. Sense of Congress. Sec. 4205. Expansion of definition of public communication. Sec. 4206. Expansion of definition of electioneering communication. Sec. 4207. Application of disclaimer statements to online communications. Sec. 4208. Political record requirements for online platforms. Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by for- eign nationals in the form of online advertising. Subtitle D—Stand By Every Ad Sec. 4301. Short title. Sec. 4302. Stand By Every Ad. Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 4304. No expansion of persons subject to disclaimer requirements on Internet communications. Sec. 4305. Effective date. Subtitle E—Secret Money Transparency Sec. 4401. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit or- ganizations. Subtitle F—Shareholder Right-to-Know Sec. 4501. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowl- edge of corporation political activity. Subtitle G—Disclosure of Political Spending by Government Contractors Sec. 4601. Repeal of restriction on use of funds to require disclosure of political spending by government contractors. Subtitle H—Limitation and Disclosure Requirements for Presidential Inaugural Committees Sec. 4701. Short title. Sec. 4702. Limitations and disclosure of certain donations to, and disburse- ments by, Inaugural Committees. Subtitle I—Severability Sec. 4801. Severability. TITLE V—CAMPAIGN FINANCE EMPOWERMENT Subtitle A—Findings Relating to Citizens United Decision g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

9 G:\P\16\HR1\INTRO.XML 9 decision. Sec. 5001. Findings relating to Citizens United Subtitle B—Congressional Elections Sec. 5100. Short title. P V OICE V ART 1—M ILOT P ROGRAM Y OUCHER P Sec. 5101. Establishment of pilot program. Sec. 5102. Voucher program described. Sec. 5103. Reports. Sec. 5104. Definitions. C 2—S D OLLAR F P MALL ONGRESSIONAL E LECTION ART INANCING OF AMPAIGNS C Sec. 5111. Benefits and eligibility requirements for candidates. ‘‘TITLE V—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS ‘‘Subtitle A—Benefits ‘‘Sec. 501. Benefits for participating candidates. ‘‘Sec. 502. Procedures for making payments. ‘‘Sec. 503. Use of funds. ‘‘Sec. 504. Qualified small dollar contributions described. ‘‘Subtitle B—Eligibility and Certification ‘‘Sec. 511. Eligibility. ‘‘Sec. 512. Qualifying requirements. ‘‘Sec. 513. Certification. ‘‘Subtitle C—Requirements for Candidates Certified as Participating Candidates ‘‘Sec. 521. Contribution and expenditure requirements. ‘‘Sec. 522. Administration of campaign. ‘‘Sec. 523. Preventing unnecessary spending of public funds. ‘‘Sec. 524. Remitting unspent funds after election. ‘‘Subtitle A—Enhanced Match Support ‘‘Sec. 531. Enhanced support for general election. ‘‘Sec. 532. Eligibility. ‘‘Sec. 533. Amount. ‘‘Sec. 534. Waiver of authority to retain portion of unspent funds after election. ‘‘Subtitle B—Administrative Provisions ‘‘Sec. 541. Freedom From Influence Fund. ‘‘Sec. 542. Reviews and reports by Government Accountability Office. ‘‘Sec. 543. Administration by Commission. ‘‘Sec. 544. Violations and penalties. ‘‘Sec. 545. Appeals process. ‘‘Sec. 546. Indexing of amounts. ‘‘Sec. 547. Election cycle defined. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

10 G:\P\16\HR1\INTRO.XML 10 Sec. 5112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 5113. Prohibiting use of contributions by participating candidates for pur- poses other than campaign for election. Sec. 5114. Effective date. Subtitle C—Presidential Elections Sec. 5200. Short title. RIMARY E LECTIONS ART 1—P P Sec. 5201. Increase in and modifications to matching payments. Sec. 5202. Eligibility requirements for matching payments. Sec. 5203. Repeal of expenditure limitations. Sec. 5204. Period of availability of matching payments. Sec. 5205. Examination and audits of matchable contributions. Sec. 5206. Modification to limitation on contributions for Presidential primary candidates. 2—G E LECTIONS P ENERAL ART Sec. 5211. Modification of eligibility requirements for public financing. Sec. 5212. Repeal of expenditure limitations and use of qualified campaign con- tributions. Sec. 5213. Matching payments and other modifications to payment amounts. Sec. 5214. Increase in limit on coordinated party expenditures. Sec. 5215. Establishment of uniform date for release of payments. Sec. 5216. Amounts in Presidential Election Campaign Fund. Sec. 5217. Use of general election payments for general election legal and ac- counting compliance. P FFECTIVE D ATE ART 3—E Sec. 5221. Effective date. Subtitle D—Personal Use Services as Authorized Campaign Expenditures Sec. 5301. Short title; findings. Sec. 5302. Treatment of payments for child care and other personal use serv- ices as authorized campaign expenditure. Subtitle E—Severability Sec. 5401. Severability. TITLE VI—CAMPAIGN FINANCE OVERSIGHT Subtitle A—Restoring Integrity to America’s Elections Sec. 6001. Short title. Sec. 6002. Membership of Federal Election Commission. Sec. 6003. Assignment of powers to Chair of Federal Election Commission. Sec. 6004. Revision to enforcement process. Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 6006. Permanent extension of administrative penalty authority. Sec. 6007. Effective date; transition. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

11 G:\P\16\HR1\INTRO.XML 11 Subtitle B—Stopping Super PAC-Candidate Coordination Sec. 6101. Short title. Sec. 6102. Clarification of treatment of coordinated expenditures as contribu- tions to candidates. Sec. 6103. Clarification of ban on fundraising for super PACs by Federal can- didates and officeholders. Subtitle C—Severability Sec. 6201. Severability. DIVISION C—ETHICS TITLE VII—ETHICAL STANDARDS Subtitle A—Supreme Court Ethics Sec. 7001. Code of conduct for Federal judges. Subtitle B—Foreign Agents Registration Sec. 7101. Establishment of FARA investigation and enforcement unit within Department of Justice. Sec. 7102. Authority to impose civil money penalties. Sec. 7103. Disclosure of transactions involving things of financial value con- ferred on officeholders. Subtitle C—Lobbying Disclosure Reform Sec. 7201. Expanding scope of individuals and activities subject to require- ments of Lobbying Disclosure Act of 1995. Subtitle D—Recusal of Presidential Appointees Sec. 7301. Recusal of appointees. Subtitle E—Severability Sec. 7401. Severability. TITLE VIII—ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES Subtitle A—Executive Branch Conflict of Interest Sec. 8001. Short title. Sec. 8002. Restrictions on private sector payment for government service. Sec. 8003. Requirements relating to slowing the revolving door. Sec. 8004. Prohibition of procurement officers accepting employment from gov- ernment contractors. Sec. 8005. Revolving door restrictions on employees moving into the private sector. Subtitle B—Presidential Conflicts of Interest Sec. 8011. Short title. Sec. 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. Sec. 8013. Initial financial disclosure. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

12 G:\P\16\HR1\INTRO.XML 12 Sec. 8014. Contracts by the President or Vice President. Subtitle C—White House Ethics Transparency Sec. 8021. Short title. Sec. 8022. Procedure for waivers and authorizations relating to ethics require- ments. Subtitle D—Executive Branch Ethics Enforcement Sec. 8031. Short title. Sec. 8032. Reauthorization of the Office of Government Ethics. Sec. 8033. Tenure of the Director of the Office of Government Ethics. Sec. 8034. Duties of Director of the Office of Government Ethics. Sec. 8035. Agency Ethics Officials Training and Duties. Subtitle E—Conflicts From Political Fundraising Sec. 8041. Short title. Sec. 8042. Disclosure of certain types of contributions. Subtitle F—Transition Team Ethics Sec. 8051. Short title. Sec. 8052. Presidential transition ethics programs. Subtitle G—Ethics Pledge For Senior Executive Branch Employees Sec. 8061. Short title. Sec. 8062. Ethics pledge requirement for senior executive branch employees. Subtitle H—Severability Sec. 8071. Severability. TITLE IX—CONGRESSIONAL ETHICS REFORM Subtitle A—Requiring Members of Congress to Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Account- ability Act of 1995 Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Account- ability Act of 1995 in all cases of employment discrimination acts by Members. Subtitle B—Conflicts of Interests Sec. 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities. Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. Sec. 9103. Exercise of rulemaking powers. Subtitle C—Campaign Finance and Lobbying Disclosure Sec. 9201. Short title. Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists. Sec. 9203. Effective date. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00012 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

13 G:\P\16\HR1\INTRO.XML 13 Subtitle D—Access to Congressionally Mandated Reports Sec. 9301. Short title. Sec. 9302. Definitions. Sec. 9303. Establishment of online portal for congressionally mandated reports. Sec. 9304. Federal agency responsibilities. Sec. 9305. Removing and altering reports. Sec. 9306. Relationship to the Freedom of Information Act. Sec. 9307. Implementation. Subtitle E—Severability Sec. 9401. Severability. TITLE X—PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY Sec. 10001. Presidential and Vice Presidential tax transparency. 1 DIVISION A—VOTING 2 TITLE I—ELECTION ACCESS Sec. 1000. Short title; statement of policy. Subtitle A—Voter Registration Modernization Sec. 1000A. Short title. P ROMOTING ART NTERNET R EGISTRATION 1—P I Sec. 1001. Requiring availability of Internet for voter registration. Sec. 1002. Use of Internet to update registration information. Sec. 1003. Provision of election information by electronic mail to individuals registered to vote. Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1005. Effective date. 2—A ART V OTER R EGISTRATION UTOMATIC P Sec. 1011. Short title; findings and purpose. Sec. 1012. Automatic registration of eligible individuals. Sec. 1013. Contributing agency assistance in registration. Sec. 1014. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 1015. Voter protection and security in automatic registration. Sec. 1016. Registration portability and correction. Sec. 1017. Payments and grants. Sec. 1018. Treatment of exempt States. Sec. 1019. Miscellaneous provisions. Sec. 1020. Definitions. Sec. 1021. Effective date. ART 3—S AME D AY V OTER R EGISTRATION P Sec. 1031. Same day registration. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00013 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

14 G:\P\16\HR1\INTRO.XML 14 - 4—C EMOVAL ON B ASIS OF I NTERSTATE C ROSS R ART P ONDITIONS ON HECKS C Sec. 1041. Conditions on removal of registrants from official list of eligible vot- ers on basis of interstate cross-checks. 5—O THER I ART P ROMOTE V OTER R EGISTRATION NITIATIVES TO P Sec. 1051. Annual reports on voter registration statistics. AYMENTS 6—A HAVA R EQUIREMENTS P VAILABILITY OF ART P Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. ART 7—P ROHIBITING I NTERFERENCE W ITH V OTER R EGISTRATION P Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registra- tion. Sec. 1072. Establishment of best practices. Subtitle B—Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences. Sec. 1103. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Subtitle C—Prohibiting Voter Caging Sec. 1201. Voter caging and other questionable challenges prohibited. Sec. 1202. Development and adoption of best practices for preventing voter caging. Subtitle D—Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 1301. Short title. Sec. 1302. Prohibition on deceptive practices in Federal elections. Sec. 1303. Corrective action. Sec. 1304. Reports to Congress. Subtitle E—Democracy Restoration Sec. 1401. Short title. Sec. 1402. Rights of citizens. Sec. 1403. Enforcement. Sec. 1404. Notification of restoration of voting rights. Sec. 1405. Definitions. Sec. 1406. Relation to other laws. Sec. 1407. Federal prison funds. Sec. 1408. Effective date. Subtitle F—Promoting Accuracy, Integrity, and Security Through Voter- Verified Permanent Paper Ballot Sec. 1501. Short title. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

15 G:\P\16\HR1\INTRO.XML 15 Sec. 1502. Paper ballot and manual counting requirements. Sec. 1503. Accessibility and ballot verification for individuals with disabilities. Sec. 1504. Durability and readability requirements for ballots. Sec. 1505. Effective date for new requirements. Subtitle G—Provisional Ballots Sec. 1601. Requirements for counting provisional ballots; establishment of uni- form and nondiscriminatory standards. Subtitle H—Early Voting Sec. 1611. Early voting. Subtitle I—Voting by Mail Sec. 1621. Voting by Mail. Subtitle J—Absent Uniformed Services Voters and Overseas Voters Sec. 1701. Pre-election reports on availability and transmission of absentee bal- lots. Sec. 1702. Enforcement. Sec. 1703. Revisions to 45-day absentee ballot transmission rule. Sec. 1704. Use of single absentee ballot application for subsequent elections. Sec. 1705. Effective date. Subtitle K—Poll Worker Recruitment and Training Sec. 1801. Leave to serve as a poll worker for Federal employees. Sec. 1802. Grants to States for poll worker recruitment and training. Sec. 1803. State defined. Subtitle L—Enhancement of Enforcement Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle M—Federal Election Integrity Sec. 1821. Prohibition on campaign activities by chief State election adminis- tration officials. Subtitle N—Promoting Voter Access Through Election Administration Improvements CCESS 1—P V OTER ART ROMOTING A P Sec. 1901. Treatment of universities as voter registration agencies. Sec. 1902. Minimum notification requirements for voters affected by polling place changes. Sec. 1903. Election Day holiday. Sec. 1904. Permitting use of sworn written statement to meet identification re- quirements for voting. Sec. 1905. Postage-free ballots. Sec. 1906. Reimbursement for costs incurred by States in establishing program to track and confirm receipt of absentee ballots. Sec. 1907. Voter information response systems and hotline. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00015 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

16 G:\P\16\HR1\INTRO.XML 16 2—I P PERATION OF E LECTION A SSISTANCE MPROVEMENTS IN O ART C OMMISSION Sec. 1911. Reauthorization of Election Assistance Commission. Sec. 1913. Requiring states to participate in post-general election surveys. Sec. 1914. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1915. Recommendations to improve operations of Election Assistance Commission. Sec. 1916. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. 3—M P ROVISIONS ISCELLANEOUS ART P Sec. 1921. Application of laws to Commonwealth of Northern Mariana Islands. Sec. 1922. No effect on other laws. Subtitle O—Severability Sec. 1931. Severability. SEC. 1000. SHORT TITLE; STATEMENT OF POLICY. 1 (a) S T HORT 2 ITLE .—This title may be cited as the 3 ‘‘Voter Empowerment Act of 2019’’. (b) S OLICY .—It is the policy of the 4 TATEMENT OF P 5 United States that— (1) all eligible citizens of the United States 6 7 should access and exercise their constitutional right 8 to vote in a free, fair, and timely manner; and 9 (2) the integrity, security, and accountability of the voting process must be vigilantly protected, 10 maintained, and enhanced in order to protect and 11 12 preserve electoral and participatory democracy in the 13 United States. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

17 G:\P\16\HR1\INTRO.XML 17 Subtitle A—Voter Registration 1 2 Modernization SEC. 1000A. SHORT TITLE. 3 4 This subtitle may be cited as the ‘‘Voter Registration 5 Modernization Act of 2019’’. 6 PART 1—PROMOTING INTERNET REGISTRATION SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR 7 8 VOTER REGISTRATION. (a) R EQUIRING I NTERNET FOR 9 A VAILABILITY OF R 10 EGISTRATION .—The National Voter Registration Act of 11 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section: 12 ‘‘SEC. 6A. INTERNET REGISTRATION. 13 ‘‘(a) R A VAILABILITY OF I NTERNET FOR 14 EQUIRING O NLINE .— 15 R EGISTRATION ‘‘(1) A OF REGISTRA VAILABILITY 16 - ONLINE 17 TION .—Each State, acting through the chief State election official, shall ensure that the following serv- 18 19 ices are available to the public at any time on the 20 official public websites of the appropriate State and 21 local election officials in the State, in the same man- ner and subject to the same terms and conditions as 22 the services provided by voter registration agencies 23 24 under section 7(a): g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

18 G:\P\16\HR1\INTRO.XML 18 ‘‘(A) Online application for voter registra- 1 2 tion. ‘‘(B) Online assistance to applicants in ap- 3 4 plying to register to vote. ‘‘(C) Online completion and submission by 5 applicants of the mail voter registration applica- 6 tion form prescribed by the Election Assistance 7 Commission pursuant to section 9(a)(2), includ- 8 ing assistance with providing a signature as re- 9 10 quired under subsection (c). ‘‘(D) Online receipt of completed voter reg- 11 istration applications. 12 ‘‘(b) A C OMPLETED A PPLICATIONS .— 13 CCEPTANCE OF 14 A State shall accept an online voter registration applica- 15 tion provided by an individual under this section, and en- sure that the individual is registered to vote in the State, 16 if— 17 ‘‘(1) the individual meets the same voter reg- 18 19 istration requirements applicable to individuals who register to vote by mail in accordance with section 20 21 6(a)(1) using the mail voter registration application 22 form prescribed by the Election Assistance Commis- 23 sion pursuant to section 9(a)(2); and ‘‘(2) the individual meets the requirements of 24 25 subsection (c) to provide a signature in electronic g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

19 G:\P\16\HR1\INTRO.XML 19 form (but only in the case of applications submitted 1 2 during or after the second year in which this section is in effect in the State). 3 ‘‘(c) S IGNATURE 4 EQUIREMENTS R .— ‘‘(1) I 5 .—For purposes of this sec- N GENERAL tion, an individual meets the requirements of this 6 7 subsection as follows: ‘‘(A) In the case of an individual who has 8 a signature on file with a State agency, includ- 9 ing the State motor vehicle authority, that is 10 required to provide voter registration services 11 under this Act or any other law, the individual 12 13 consents to the transfer of that electronic signa- 14 ture. 15 ‘‘(B) If subparagraph (A) does not apply, the individual submits with the application an 16 electronic copy of the individual’s handwritten 17 signature through electronic means. 18 19 ‘‘(C) If subparagraph (A) and subpara- graph (B) do not apply, the individual executes 20 21 a computerized mark in the signature field on 22 an online voter registration application, in ac- 23 cordance with reasonable security measures es- tablished by the State, but only if the State ac- 24 25 cepts such mark from the individual. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

20 G:\P\16\HR1\INTRO.XML 20 1 REATMENT OF INDIVIDUALS UNABLE TO ‘‘(2) T MEET REQUIREMENT .—If an individual is unable to 2 meet the requirements of paragraph (1), the State 3 4 shall— ‘‘(A) permit the individual to complete all 5 6 other elements of the online voter registration application; 7 ‘‘(B) permit the individual to provide a sig- 8 nature at the time the individual requests a bal- 9 10 lot in an election (whether the individual re- quests the ballot at a polling place or requests 11 the ballot by mail); and 12 ‘‘(C) if the individual carries out the steps 13 described in subparagraph (A) and subpara- 14 15 graph (B), ensure that the individual is reg- 16 istered to vote in the State. ‘‘(3) N .—The State shall ensure that in- OTICE 17 dividuals applying to register to vote online are noti- 18 fied of the requirements of paragraph (1) and of the 19 20 treatment of individuals unable to meet such re- quirements, as described in paragraph (2). 21 ‘‘(d) C D ISPOSITION .— 22 ONFIRMATION AND ‘‘(1) C ONFIRMATION OF RECEIPT 23 .—Upon the online submission of a completed voter registration 24 25 application by an individual under this section, the g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

21 G:\P\16\HR1\INTRO.XML 21 appropriate State or local election official shall send 1 2 the individual a notice confirming the State’s receipt of the application and providing instructions on how 3 4 the individual may check the status of the applica- 5 tion. ‘‘(2) N .—As soon as the OTICE OF DISPOSITION 6 7 appropriate State or local election official has ap- proved or rejected an application submitted by an in- 8 dividual under this section, the official shall send the 9 individual a notice of the disposition of the applica- 10 11 tion. ‘‘(3) M ETHOD OF NOTIFICATION .—The appro- 12 priate State or local election official shall send the 13 notices required under this subsection by regular 14 15 mail, and, in the case of an individual who has re- 16 quested that the State provide voter registration and 17 voting information through electronic mail, by both electronic mail and regular mail. 18 ‘‘(e) P ERVICES IN ROVISION OF ONPARTISAN 19 S N M .—The services made available under subsection 20 ANNER 21 (a) shall be provided in a manner that ensures that, con- 22 sistent with section 7(a)(5)— ‘‘(1) the online application does not seek to in- 23 fluence an applicant’s political preference or party 24 25 registration; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

22 G:\P\16\HR1\INTRO.XML 22 ‘‘(2) there is no display on the website pro- 1 2 moting any political preference or party allegiance, except that nothing in this paragraph may be con- 3 4 strued to prohibit an applicant from registering to 5 vote as a member of a political party. ‘‘(f) P I NFORMATION ROTECTION OF 6 S ECURITY OF .— 7 In meeting the requirements of this section, the State shall establish appropriate technological security measures to 8 prevent to the greatest extent practicable any unauthor- 9 10 ized access to information provided by individuals using the services made available under subsection (a). 11 ‘‘(g) U DDITIONAL T ELEPHONE -B ASED SE OF YS - 12 A S .—A State shall make the services made available on- 13 TEM 14 line under subsection (a) available through the use of an 15 automated telephone-based system, subject to the same 16 terms and conditions applicable under this section to the services made available online, in addition to making the 17 services available online in accordance with the require- 18 ments of this section. 19 ‘‘(h) N MONG R EGISTERED 20 ONDISCRIMINATION A V U SING M AIL AND O NLINE R EGISTRATION .—In 21 OTERS 22 carrying out this Act, the Help America Vote Act of 2002, 23 or any other Federal, State, or local law governing the treatment of registered voters in the State or the adminis- 24 25 tration of elections for public office in the State, a State g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

23 G:\P\16\HR1\INTRO.XML 23 shall treat a registered voter who registered to vote online 1 2 in accordance with this section in the same manner as the State treats a registered voter who registered to vote by 3 4 mail.’’. (b) S FOR I PECIAL 5 R EQUIREMENTS NDIVIDUALS U NLINE R SING .— 6 O EGISTRATION (1) T 7 REATMENT AS INDIVIDUALS REGISTERING TIME 8 - TO VOTE BY MAIL FOR PURPOSES OF FIRST REQUIREMENTS VOTER 9 IDENTIFICATION .—Section 10 303(b)(1)(A) of the Help America Vote Act of 2002 11 (52 U.S.C. 21083(b)(1)(A)) is amended by striking 12 ‘‘by mail’’ and inserting ‘‘by mail or online under 13 section 6A of the National Voter Registration Act of 1993’’. 14 (2) R EQUIRING SIGNATURE FOR FIRST - TIME 15 16 VOTERS IN JURISDICTION .—Section 303(b) of such 17 Act (52 U.S.C. 21083(b)) is amended— (A) by redesignating paragraph (5) as 18 paragraph (6); and 19 20 (B) by inserting after paragraph (4) the 21 following new paragraph: ‘‘(5) S IGNATURE REQUIREMENTS FOR FIRST - 22 TIME VOTERS USING ONLINE REGISTRATION .— 23 ‘‘(A) I .—A State shall, in a 24 N GENERAL 25 uniform and nondiscriminatory manner, require g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

24 G:\P\16\HR1\INTRO.XML 24 an individual to meet the requirements of sub- 1 2 paragraph (B) if— ‘‘(i) the individual registered to vote 3 4 in the State online under section 6A of the National Voter Registration Act of 1993; 5 6 and ‘‘(ii) the individual has not previously 7 voted in an election for Federal office in 8 the State. 9 ‘‘(B) R 10 EQUIREMENTS .—An individual meets the requirements of this subparagraph 11 12 if— ‘‘(i) in the case of an individual who 13 14 votes in person, the individual provides the 15 appropriate State or local election official 16 with a handwritten signature; or ‘‘(ii) in the case of an individual who 17 votes by mail, the individual submits with 18 the ballot a handwritten signature. 19 ‘‘(C) I .—Subparagraph 20 NAPPLICABILITY 21 (A) does not apply in the case of an individual 22 who is— ‘‘(i) entitled to vote by absentee ballot 23 under the Uniformed and Overseas Citi- 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

25 G:\P\16\HR1\INTRO.XML 25 zens Absentee Voting Act (52 U.S.C. 1 2 20302 et seq.); ‘‘(ii) provided the right to vote other- 3 4 wise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility 5 6 for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or 7 ‘‘(iii) entitled to vote otherwise than 8 in person under any other Federal law.’’. 9 (3) C 10 ONFORMING AMENDMENT RELATING TO EFFECTIVE DATE .—Section 303(d)(2)(A) of such 11 Act (52 U.S.C. 21083(d)(2)(A)) is amended by 12 striking ‘‘Each State’’ and inserting ‘‘Except as pro- 13 14 vided in subsection (b)(5), each State’’. (c) C ONFORMING .— 15 A MENDMENTS (1) T .—Section 8(a)(1) 16 IMING OF REGISTRATION 17 of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended— 18 (A) by striking ‘‘and’’ at the end of sub- 19 20 paragraph (C); 21 (B) by redesignating subparagraph (D) as 22 subparagraph (E); and (C) by inserting after subparagraph (C) 23 24 the following new subparagraph: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

26 G:\P\16\HR1\INTRO.XML 26 ‘‘(D) in the case of online registration 1 2 through the official public website of an election official under section 6A, if the valid voter reg- 3 4 istration application is submitted online not 5 later than the lesser of 30 days, or the period provided by State law, before the date of the 6 7 election (as determined by treating the date on 8 which the application is sent electronically as 9 the date on which it is submitted); and’’. (2) I 10 NFORMING APPLICANTS OF ELIGIBILITY 11 REQUIREMENTS AND PENALTIES .—Section 8(a)(5) 12 of such Act (52 U.S.C. 20507(a)(5)) is amended by striking ‘‘and 7’’ and inserting ‘‘6A, and 7’’. 13 SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION 14 INFORMATION. 15 (a) I G ENERAL .— 16 N (1) U PDATES TO INFORMATION CONTAINED ON 17 18 COMPUTERIZED STATEWIDE VOTER REGISTRATION 19 .—Section 303(a) of the Help America Vote Act LIST of 2002 (52 U.S.C. 21083(a)) is amended by adding 20 at the end the following new paragraph: 21 ‘‘(6) U - 22 SE OF INTERNET BY REGISTERED VOT .— 23 ERS TO UPDATE INFORMATION ‘‘(A) I N GENERAL .—The appropriate State 24 25 or local election official shall ensure that any g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

27 G:\P\16\HR1\INTRO.XML 27 registered voter on the computerized list may at 1 2 any time update the voter’s registration infor- mation, including the voter’s address and elec- 3 4 tronic mail address, online through the official public website of the election official responsible 5 6 for the maintenance of the list, so long as the voter attests to the contents of the update by 7 providing a signature in electronic form in the 8 9 same manner required under section 6A(c) of the National Voter Registration Act of 1993. 10 ‘‘(B) P ROCESSING OF UPDATED INFORMA - 11 TION BY ELECTION OFFICIALS .—If a registered 12 13 voter updates registration information under 14 subparagraph (A), the appropriate State or 15 local election official shall— ‘‘(i) revise any information on the 16 computerized list to reflect the update 17 made by the voter; and 18 19 ‘‘(ii) if the updated registration infor- mation affects the voter’s eligibility to vote 20 21 in an election for Federal office, ensure 22 that the information is processed with re- spect to the election if the voter updates 23 the information not later than the lesser of 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

28 G:\P\16\HR1\INTRO.XML 28 7 days, or the period provided by State 1 2 law, before the date of the election. ‘‘(C) C 3 .— ONFIRMATION AND DISPOSITION ‘‘(i) C ONFIRMATION OF RECEIPT 4 .— Upon the online submission of updated 5 registration information by an individual 6 under this paragraph, the appropriate 7 State or local election official shall send 8 9 the individual a notice confirming the State’s receipt of the updated information 10 11 and providing instructions on how the indi- vidual may check the status of the update. 12 ‘‘(ii) N .—As 13 OTICE OF DISPOSITION 14 soon as the appropriate State or local elec- 15 tion official has accepted or rejected up- dated information submitted by an indi- 16 vidual under this paragraph, the official 17 shall send the individual a notice of the 18 disposition of the update. 19 ‘‘(iii) M ETHOD OF NOTIFICATION .— 20 21 The appropriate State or local election offi- 22 cial shall send the notices required under 23 this subparagraph by regular mail, and, in the case of an individual who has re- 24 25 quested that the State provide voter reg- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

29 G:\P\16\HR1\INTRO.XML 29 istration and voting information through 1 2 electronic mail, by both electronic mail and regular mail.’’. 3 (2) C ONFORMING AMENDMENT RELATING TO 4 EFFECTIVE DATE .—Section 303(d)(1)(A) of such 5 6 Act (52 U.S.C. 21083(d)(1)(A)) is amended by 7 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub- paragraph (B) and subsection (a)(6)’’. 8 (b) A EGISTRANT T O U SE R NLINE U P - 9 BILITY OF O T O P ROVIDE I NFORMATION ON R ESIDENCE .—Sec- 10 DATE 11 tion 8(d)(2)(A) of the National Voter Registration Act of 12 1993 (52 U.S.C. 20507(d)(2)(A)) is amended— (1) in the first sentence, by inserting after ‘‘re- 13 turn the card’’ the following: ‘‘or update the reg- 14 istrant’s information on the computerized Statewide 15 voter registration list using the online method pro- 16 17 vided under section 303(a)(6) of the Help America Vote Act of 2002’’; and 18 19 (2) in the second sentence, by striking ‘‘re- 20 turned,’’ and inserting the following: ‘‘returned or if 21 the registrant does not update the registrant’s infor- mation on the computerized Statewide voter reg- 22 23 istration list using such online method,’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

30 G:\P\16\HR1\INTRO.XML 30 SEC. 1003. PROVISION OF ELECTION INFORMATION BY 1 2 ELECTRONIC MAIL TO INDIVIDUALS REG- ISTERED TO VOTE. 3 (a) I EGISTRATION NCLUDING R O 4 PTION ON V OTER A O P PPLICATION E–M AIL A DDRESS AND R E - 5 T ROVIDE I NFORMATION .— 6 CEIVE (1) I N GENERAL .—Section 9(b) of the National 7 8 Voter Registration Act of 1993 (52 U.S.C. 9 20508(b)) is amended— 10 (A) by striking ‘‘and’’ at the end of para- graph (3); 11 (B) by striking the period at the end of 12 paragraph (4) and inserting ‘‘; and’’; and 13 (C) by adding at the end the following new 14 paragraph: 15 16 ‘‘(5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail 17 address, together with a statement that, if the appli- 18 19 cant so requests, instead of using regular mail the 20 appropriate State and local election officials shall 21 provide to the applicant, through electronic mail sent to that address, the same voting information (as de- 22 fined in section 302(b)(2) of the Help America Vote 23 24 Act of 2002) which the officials would provide to the 25 applicant through regular mail.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

31 G:\P\16\HR1\INTRO.XML 31 - 1 ROHIBITING USE FOR PURPOSES UNRE (2) P LATED TO OFFICIAL DUTIES OF ELECTION OFFI - 2 CIALS 3 .—Section 9 of such Act (52 U.S.C. 20508) is 4 amended by adding at the end the following new 5 subsection: ‘‘(c) P SE OF E LECTRONIC M AIL A D ROHIBITING 6 U - O T HAN O FFICIAL P URPOSES .—The 7 THER DRESSES FOR 8 chief State election official shall ensure that any electronic mail address provided by an applicant under subsection 9 (b)(5) is used only for purposes of carrying out official 10 duties of election officials and is not transmitted by any 11 12 State or local election official (or any agent of such an 13 official, including a contractor) to any person who does 14 not require the address to carry out such official duties and who is not under the direct supervision and control 15 of a State or local election official.’’. 16 (b) R ROVISION OF I NFORMATION BY EQUIRING 17 P E LECTION O FFICIALS .—Section 302(b) of the Help Amer- 18 19 ica Vote Act of 2002 (52 U.S.C. 21082(b)) is amended 20 by adding at the end the following new paragraph: ‘‘(3) P ROVISION OF OTHER INFORMATION BY 21 ELECTRONIC MAIL .—If an individual who is a reg- 22 23 istered voter has provided the State or local election 24 official with an electronic mail address for the pur- pose of receiving voting information (as described in 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

32 G:\P\16\HR1\INTRO.XML 32 section 9(b)(5) of the National Voter Registration 1 2 Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later 3 4 than 7 days before the date of the election involved, shall provide the individual with information on how 5 6 to obtain the following information by electronic means: 7 ‘‘(A) The name and address of the polling 8 9 place at which the individual is assigned to vote in the election. 10 ‘‘(B) The hours of operation for the polling 11 12 place. ‘‘(C) A description of any identification or 13 14 other information the individual may be re- 15 quired to present at the polling place.’’. 16 SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO SHOW ELIGI- 17 BILITY TO VOTE. 18 19 Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended— 20 21 (1) by redesignating subsection (j) as sub- 22 section (k); and (2) by inserting after subsection (i) the fol- 23 lowing new subsection: 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

33 G:\P\16\HR1\INTRO.XML 33 PPLI S O R EGISTER A T - 1 EQUIREMENT FOR TATE ‘‘(j) R ROVIDING N ECESSARY I NFORMATION T O S HOW CANTS 2 P E O V OTE .—For purposes meeting the re- 3 LIGIBILITY T 4 quirement of subsection (a)(1) that an eligible applicant 5 is registered to vote in an election for Federal office within the deadlines required under such subsection, the State 6 shall consider an applicant to have provided a ‘valid voter 7 registration form’ if— 8 9 ‘‘(1) the applicant has accurately completed the 10 application form and attested to the statement re- 11 quired by section 9(b)(2); and ‘‘(2) in the case of an applicant who registers 12 to vote online in accordance with section 6A, the ap- 13 plicant provides a signature in accordance with sub- 14 section (c) of such section.’’. 15 SEC. 1005. EFFECTIVE DATE. 16 (a) I G ENERAL .—Except as provided in subsection 17 N (b), the amendments made by this part (other than the 18 19 amendments made by section 1004) shall take effect Jan- 20 uary 1, 2020. (b) W AIVER .—Subject to the approval of the Election 21 Assistance Commission, if a State certifies to the Election 22 Assistance Commission that the State will not meet the 23 24 deadline referred to in subsection (a) because of extraor- 25 dinary circumstances and includes in the certification the g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

34 G:\P\16\HR1\INTRO.XML 34 reasons for the failure to meet the deadline, subsection 1 2 (a) shall apply to the State as if the reference in such subsection to ‘‘January 1, 2020’’ were a reference to 3 4 ‘‘January 1, 2022’’. PART 2—AUTOMATIC VOTER REGISTRATION 5 SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE. 6 (a) S ITLE .—This part may be cited as the 7 HORT T ‘‘Automatic Voter Registration Act of 2019’’. 8 (b) F URPOSE 9 INDINGS AND .— P (1) F 10 INDINGS .—Congress finds that— 11 (A) the right to vote is a fundamental 12 right of citizens of the United States; 13 (B) it is the responsibility of the State and 14 Federal Governments to ensure that every eligi- ble citizen is registered to vote; 15 (C) existing voter registration systems can 16 be inaccurate, costly, inaccessible and con- 17 fusing, with damaging effects on voter partici- 18 19 pation in elections and disproportionate impacts on young people, persons with disabilities, and 20 21 racial and ethnic minorities; and 22 (D) voter registration systems must be up- 23 dated with 21st Century technologies and pro- cedures to maintain their security. 24 (2) P .—It is the purpose of this part— 25 URPOSE g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

35 G:\P\16\HR1\INTRO.XML 35 (A) to establish that it is the responsibility 1 2 of government at every level to ensure that all eligible citizens are registered to vote; 3 4 (B) to enable the State and Federal Gov- 5 ernments to register all eligible citizens to vote 6 with accurate, cost-efficient, and up-to-date pro- cedures; 7 8 (C) to modernize voter registration and list maintenance procedures with electronic and 9 10 Internet capabilities; and (D) to protect and enhance the integrity, 11 accuracy, efficiency, and accessibility of the 12 electoral process for all eligible citizens. 13 SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDI- 14 15 VIDUALS. (a) R S TATES TO E STABLISH AND O PER - 16 EQUIRING A ATE EGISTRATION S YSTEM .— 17 UTOMATIC R (1) I .—The chief State election offi- 18 N GENERAL cial of each State shall establish and operate a sys- 19 tem of automatic registration for the registration of 20 21 eligible individuals to vote for elections for Federal 22 office in the State, in accordance with the provisions 23 of this part. (2) D EFINITION .—The term ‘‘automatic reg- 24 25 istration’’ means a system that registers an indi- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

36 G:\P\16\HR1\INTRO.XML 36 vidual to vote in elections for Federal office in a 1 2 State, if eligible, by electronically transferring the information necessary for registration from govern- 3 4 ment agencies to election officials of the State so 5 that, unless the individual affirmatively declines to 6 be registered, the individual will be registered to vote 7 in such elections. (b) R OTERS B ASED ON N EW EGISTRATION OF 8 V A ECORDS .—The chief State election official 9 GENCY R 10 shall— (1) not later than 15 days after a contributing 11 agency has transmitted information with respect to 12 an individual pursuant to section 1013, ensure that 13 the individual is registered to vote in elections for 14 15 Federal office in the State if the individual is eligible 16 to be registered to vote in such elections; and 17 (2) send written notice to the individual, in ad- dition to other means of notice established by this 18 part, of the individual’s voter registration status. 19 (c) O TIME R NE V OTERS B ASED ON 20 - EGISTRATION OF E C ONTRIBUTING A GENCY R ECORDS .—The chief 21 XISTING 22 State election official shall— (1) identify all individuals whose information is 23 transmitted by a contributing agency pursuant to 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

37 G:\P\16\HR1\INTRO.XML 37 section 1014 and who are eligible to be, but are not 1 2 currently, registered to vote in that State; (2) promptly send each such individual written 3 4 notice, in addition to other means of notice estab- lished by this part, which shall not identify the con- 5 6 tributing agency that transmitted the information but shall include— 7 (A) an explanation that voter registration 8 9 is voluntary, but if the individual does not de- cline registration, the individual will be reg- 10 istered to vote; 11 12 (B) a statement offering the opportunity to decline voter registration through means con- 13 14 sistent with the requirements of this part; 15 (C) in the case of a State in which affili- 16 ation or enrollment with a political party is re- quired in order to participate in an election to 17 select the party’s candidate in an election for 18 Federal office, a statement offering the indi- 19 20 vidual the opportunity to affiliate or enroll with a political party or to decline to affiliate or en- 21 22 roll with a political party, through means con- 23 sistent with the requirements of this part; (D) the substantive qualifications of an 24 elector in the State as listed in the mail voter 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

38 G:\P\16\HR1\INTRO.XML 38 registration application form for elections for 1 2 Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, 3 4 the consequences of false registration, and a statement that the individual should decline to 5 6 register if the individual does not meet all those qualifications; 7 (E) instructions for correcting any erro- 8 9 neous information; and (F) instructions for providing any addi- 10 tional information which is listed in the mail 11 12 voter registration application form for elections for Federal office prescribed pursuant to section 13 14 9 of the National Voter Registration Act of 15 1993; 16 (3) ensure that each such individual who is eli- gible to register to vote in elections for Federal of- 17 fice in the State is promptly registered to vote not 18 19 later than 45 days after the official sends the indi- vidual the written notice under paragraph (2), un- 20 21 less, during the 30-day period which begins on the 22 date the election official sends the individual such written notice, the individual declines registration in 23 writing, through a communication made over the 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

39 G:\P\16\HR1\INTRO.XML 39 Internet, or by an officially-logged telephone commu- 1 2 nication; and (4) send written notice to each such individual, 3 4 in addition to other means of notice established by this part, of the individual’s voter registration sta- 5 tus. 6 (d) T NDIVIDUALS U NDER 18 Y EARS REATMENT OF I 7 A .—A State may not refuse to treat an individual 8 OF GE 9 as an eligible individual for purposes of this part on the grounds that the individual is less than 18 years of age 10 at the time a contributing agency receives information 11 with respect to the individual, so long as the individual 12 is at least 16 years of age at such time. 13 (e) C A GENCY D EFINED .—In this part, 14 ONTRIBUTING 15 the term ‘‘contributing agency’’ means, with respect to a 16 State, an agency listed in section 1013(e). SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REG- 17 ISTRATION. 18 (a) I ENERAL N 19 G .—In accordance with this part, each 20 contributing agency in a State shall assist the State’s chief election official in registering to vote all eligible individuals 21 22 served by that agency. (b) R EQUIREMENTS C ONTRIBUTING A GEN - 23 FOR .— 24 CIES g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

40 G:\P\16\HR1\INTRO.XML 40 - 1 NSTRUCTIONS ON AUTOMATIC REGISTRA (1) I TION 2 .—With each application for service or assist- ance, and with each related recertification, renewal, 3 4 or change of address, or, in the case of an institu- tion of higher education, with each registration of a 5 student for enrollment in a course of study, each 6 contributing agency that (in the normal course of its 7 operations) requests individuals to affirm United 8 9 States citizenship (either directly or as part of the overall application for service or assistance) shall in- 10 11 form each such individual who is a citizen of the United States of the following: 12 13 (A) Unless that individual declines to reg- 14 ister to vote, or is found ineligible to vote, the 15 individual will be registered to vote or, if appli- cable, the individual’s registration will be up- 16 dated. 17 (B) The substantive qualifications of an 18 19 elector in the State as listed in the mail voter registration application form for elections for 20 21 Federal office prescribed pursuant to section 9 22 of the National Voter Registration Act of 1993, 23 the consequences of false registration, and the individual should decline to register if the indi- 24 25 vidual does not meet all those qualifications. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

41 G:\P\16\HR1\INTRO.XML 41 (C) In the case of a State in which affili- 1 2 ation or enrollment with a political party is re- quired in order to participate in an election to 3 4 select the party’s candidate in an election for Federal office, the requirement that the indi- 5 6 vidual must affiliate or enroll with a political party in order to participate in such an election. 7 (D) Voter registration is voluntary, and 8 neither registering nor declining to register to 9 vote will in any way affect the availability of 10 11 services or benefits, nor be used for other pur- poses. 12 (2) O PPORTUNITY TO DECLINE REGISTRATION 13 .—Each contributing agency shall ensure 14 REQUIRED 15 that each application for service or assistance, and 16 each related recertification, renewal, or change of address, or, in the case of an institution of higher 17 education, each registration of a student for enroll- 18 ment in a course of study, cannot be completed until 19 20 the individual is given the opportunity to decline to be registered to vote. 21 (3) I .—Upon the 22 NFORMATION TRANSMITTAL 23 expiration of the 30-day period which begins on the date the contributing agency informs the individual 24 of the information described in paragraph (1), each 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

42 G:\P\16\HR1\INTRO.XML 42 contributing agency shall electronically transmit to 1 2 the appropriate State election official, in a format compatible with the statewide voter database main- 3 4 tained under section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083), the following infor- 5 6 mation, unless during such 30-day period the indi- vidual declined to be registered to vote: 7 (A) The individual’s given name(s) and 8 9 surname(s). (B) The individual’s date of birth. 10 (C) The individual’s residential address. 11 12 (D) Information showing that the indi- vidual is a citizen of the United States. 13 14 (E) The date on which information per- 15 taining to that individual was collected or last 16 updated. (F) If available, the individual’s signature 17 in electronic form. 18 (G) Information regarding the individual’s 19 20 affiliation or enrollment with a political party, if the individual provides such information. 21 22 (H) Any additional information listed in 23 the mail voter registration application form for elections for Federal office prescribed pursuant 24 to section 9 of the National Voter Registration 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

43 G:\P\16\HR1\INTRO.XML 43 1 Act of 1993, including any valid driver’s license number or the last 4 digits of the individual’s 2 social security number, if the individual pro- 3 vided such information. 4 (c) A ROCEDURE FOR C ERTAIN C ON LTERNATE 5 P - A .—With each application for service 6 TRIBUTING GENCIES 7 or assistance, and with each related recertification, re- 8 newal, or change of address, or in the case of an institu- tion of higher education, with each registration of a stu- 9 10 dent for enrollment in a course of study, any contributing 11 agency that in the normal course of its operations does 12 not request individuals applying for service or assistance to affirm United States citizenship (either directly or as 13 part of the overall application for service or assistance) 14 shall— 15 (1) complete the requirements of section 7(a)(6) 16 17 of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(6)); 18 19 (2) ensure that each applicant’s transaction 20 with the agency cannot be completed until the appli- 21 cant has indicated whether the applicant wishes to register to vote or declines to register to vote in elec- 22 23 tions for Federal office held in the State; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

44 G:\P\16\HR1\INTRO.XML 44 (3) for each individual who wishes to register to 1 2 vote, transmit that individual’s information in ac- cordance with subsection (b)(3). 3 (d) R EG EQUIRED R A - 4 VAILABILITY OF A UTOMATIC PPORTUNITY W ITH ISTRATION ACH A PPLICATION FOR 5 O E S SSISTANCE .—Each contributing agency 6 ERVICE OR A shall offer each individual, with each application for serv- 7 ice or assistance, and with each related recertification, re- 8 newal, or change of address, or in the case of an institu- 9 10 tion of higher education, with each registration of a stu- 11 dent for enrollment in a course of study, the opportunity 12 to register to vote as prescribed by this section without regard to whether the individual previously declined a reg- 13 istration opportunity. 14 (e) C GENCIES .— ONTRIBUTING A 15 (1) S TATE AGENCIES .—In each State, each of 16 the following agencies shall be treated as a contrib- 17 18 uting agency: 19 (A) Each agency in a State that is re- 20 quired by Federal law to provide voter registra- tion services, including the State motor vehicle 21 authority and other voter registration agencies 22 23 under the National Voter Registration Act of 24 1993. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

45 G:\P\16\HR1\INTRO.XML 45 (B) Each agency in a State that admin- 1 2 isters a program pursuant to title III of the So- cial Security Act (42 U.S.C. 501 et seq.), title 3 4 XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or the Patient Protection and Afford- 5 6 able Care Act (Public Law 111–148). (C) Each State agency primarily respon- 7 sible for regulating the private possession of 8 9 firearms. (D) Each State agency primarily respon- 10 sible for maintaining identifying information for 11 12 students enrolled at public secondary schools, including, where applicable, the State agency 13 14 responsible for maintaining the education data 15 system described in section 6201(e)(2) of the 16 America COMPETES Act (20 U.S.C. 9871(e)(2)). 17 (E) In the case of a State in which an in- 18 dividual disenfranchised by a criminal convic- 19 20 tion may become eligible to vote upon comple- tion of a criminal sentence or any part thereof, 21 22 or upon formal restoration of rights, the State 23 agency responsible for administering that sen- tence, or part thereof, or that restoration of 24 rights. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

46 G:\P\16\HR1\INTRO.XML 46 (F) Any other agency of the State which is 1 2 designated by the State as a contributing agen- cy. 3 (2) F EDERAL AGENCIES .—In each State, each 4 5 of the following agencies of the Federal government shall be treated as a contributing agency with re- 6 spect to individuals who are residents of that State 7 (except as provided in subparagraph (C)): 8 (A) The Social Security Administration, 9 10 the Department of Veterans Affairs, the De- fense Manpower Data Center of the Depart- 11 12 ment of Defense, the Employee and Training Administration of the Department of Labor, 13 14 and the Center for Medicare & Medicaid Serv- 15 ices of the Department of Health and Human 16 Services. (B) The Bureau of Citizenship and Immi- 17 gration Services, but only with respect to indi- 18 viduals who have completed the naturalization 19 20 process. (C) In the case of an individual who is a 21 22 resident of a State in which an individual 23 disenfranchised by a criminal conviction under Federal law may become eligible to vote upon 24 completion of a criminal sentence or any part 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

47 G:\P\16\HR1\INTRO.XML 47 thereof, or upon formal restoration of rights, 1 2 the Federal agency responsible for admin- istering that sentence or part thereof (without 3 4 regard to whether the agency is located in the same State in which the individual is a resi- 5 6 dent), but only with respect to individuals who have completed the criminal sentence or any 7 part thereof. 8 (D) Any other agency of the Federal gov- 9 ernment which the State designates as a con- 10 11 tributing agency, but only if the State and the head of the agency determine that the agency 12 13 collects information sufficient to carry out the responsibilities of a contributing agency under 14 15 this section. (3) I NSTITUTIONS OF HIGHER EDUCATION .— 16 17 Each institution of higher education that receives Federal funds shall be treated as a contributing 18 agency in the State in which it is located, but only 19 with respect to students of the institution (including 20 students who attend classes online) who reside in the 21 22 State. An institution of higher education described 23 in the previous sentence shall be exempt from the voter registration requirements of section 487(a)(23) 24 of the Higher Education Act of 1965 (20 U.S.C. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

48 G:\P\16\HR1\INTRO.XML 48 1094(a)(23)) if the institution is in compliance with 1 2 the applicable requirements of this part. (4) P 3 UBLICATION .—Not later than 180 days 4 prior to the date of each election for Federal office 5 held in the State, the chief State election official shall publish on the public website of the official an 6 7 updated list of all contributing agencies in that State. 8 (5) P 9 UBLIC EDUCATION .—The chief State elec- 10 tion official of each State, in collaboration with each contributing agency, shall take appropriate measures 11 to educate the public about voter registration under 12 this section. 13 14 SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE 15 IN REGISTRATION OF ELIGIBLE VOTERS IN 16 EXISTING RECORDS. (a) I RANSMITTAL OF I NFORMATION .—For NITIAL T 17 18 each individual already listed in a contributing agency’s records as of the date of enactment of this Act, and for 19 20 whom the agency has the information listed in section 21 1013(b)(3), the agency shall promptly transmit that infor- 22 mation to the appropriate State election official in accord- ance with section 1013(b)(3) not later than the effective 23 24 date described in section 1011(a). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

49 G:\P\16\HR1\INTRO.XML 49 .—For each individual listed in a con- 1 RANSITION (b) T tributing agency’s records as of the effective date de- 2 3 scribed in section 1011(a) (but who was not listed in a contributing agency’s records as of the date of enactment 4 5 of this Act), and for whom the agency has the information listed in section 1013(b)(3), the Agency shall promptly 6 transmit that information to the appropriate State election 7 8 official in accordance with section 1013(b)(3) not later than 6 months after the effective date described in section 9 1011(a). 10 SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTO- 11 MATIC REGISTRATION. 12 (a) P E RRORS IN R EGISTRATION .— 13 ROTECTIONS FOR 14 An individual shall not be prosecuted under any Federal 15 law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an alle- 16 gation in any legal proceeding that the individual is not 17 a citizen of the United States on any of the following 18 19 grounds: (1) The individual notified an election office of 20 21 the individual’s automatic registration to vote under 22 this part. 23 (2) The individual is not eligible to vote in elec- tions for Federal office but was automatically reg- 24 25 istered to vote under this part. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

50 G:\P\16\HR1\INTRO.XML 50 (3) The individual was automatically registered 1 2 to vote under this part at an incorrect address. (4) The individual declined the opportunity to 3 4 register to vote or did not make an affirmation of citizenship, including through automatic registration, 5 under this part. 6 (b) L SE OF A UTOMATIC IMITS ON EGISTRA - 7 U R .—The automatic registration of any individual or the TION 8 9 fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (in- 10 11 cluding through automatic registration) under this part may not be used as evidence against that individual in any 12 13 State or Federal law enforcement proceeding, and an indi- 14 vidual’s lack of knowledge or willfulness of such registra- 15 tion may be demonstrated by the individual’s testimony alone. 16 (c) P LECTION I NTEGRITY ROTECTION OF 17 E .—Noth- 18 ing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an indi- 19 20 vidual who— 21 (1) knowingly and willfully makes a false state- 22 ment to effectuate or perpetuate automatic voter registration by any individual; or 23 (2) casts a ballot knowingly and willfully in vio- 24 25 lation of State law or the laws of the United States. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

51 G:\P\16\HR1\INTRO.XML 51 A ROTECTION OF I N - 1 GENCIES ’ P ONTRIBUTING (d) C 2 FORMATION .—Nothing in this part authorizes a contrib- uting agency to collect, retain, transmit, or publicly dis- 3 close any of the following: 4 (1) An individual’s decision to decline to reg- 5 6 ister to vote or not to register to vote. (2) An individual’s decision not to affirm his or 7 her citizenship. 8 (3) Any information that a contributing agency 9 transmits pursuant to section 1013(b)(3), except in 10 11 pursuing the agency’s ordinary course of business. (e) E O FFICIALS ’ P ROTECTION OF I NFOR - 12 LECTION .— MATION 13 (1) P .— UBLIC DISCLOSURE PROHIBITED 14 (A) I 15 N GENERAL .—Subject to subpara- graph (B), with respect to any individual for 16 whom any State election official receives infor- 17 mation from a contributing agency, the State 18 19 election officials shall not publicly disclose any 20 of the following: 21 (i) The identity of the contributing agency. 22 (ii) Any information not necessary to 23 24 voter registration. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

52 G:\P\16\HR1\INTRO.XML 52 (iii) Any voter information otherwise 1 2 shielded from disclosure under State law or section 8(a) of the National Voter Reg- 3 4 istration Act of 1993 (52 U.S.C. 20507(a)). 5 6 (iv) Any portion of the individual’s so- cial security number. 7 (v) Any portion of the individual’s 8 9 motor vehicle driver’s license number. (vi) The individual’s signature. 10 (vii) The individual’s telephone num- 11 ber. 12 (viii) The individual’s email address. 13 (B) S - 14 PECIAL RULE FOR INDIVIDUALS REG .—With respect to any indi- ISTERED TO VOTE 15 vidual for whom any State election official re- 16 ceives information from a contributing agency 17 and who, on the basis of such information, is 18 registered to vote in the State under this part, 19 the State election officials shall not publicly dis- 20 21 close any of the following: 22 (i) The identity of the contributing 23 agency. (ii) Any information not necessary to 24 25 voter registration. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

53 G:\P\16\HR1\INTRO.XML 53 (iii) Any voter information otherwise 1 2 shielded from disclosure under State law or section 8(a) of the National Voter Reg- 3 4 istration Act of 1993 (52 U.S.C. 20507(a)). 5 6 (iv) Any portion of the individual’s so- cial security number. 7 (v) Any portion of the individual’s 8 motor vehicle driver’s license number. 9 (vi) The individual’s signature. 10 (2) V .—Each State 11 OTER RECORD CHANGES 12 shall maintain for at least 2 years and shall make available for public inspection and, where available, 13 14 photocopying at a reasonable cost, all records of 15 changes to voter records, including removals and up- 16 dates. (3) D .— 17 ATABASE MANAGEMENT STANDARDS The Director of the National Institute of Standards 18 19 and Technology shall, after providing the public with notice and the opportunity to comment— 20 21 (A) establish standards governing the com- 22 parison of data for voter registration list main- 23 tenance purposes, identifying as part of such standards the specific data elements, the 24 25 matching rules used, and how a State may use g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

54 G:\P\16\HR1\INTRO.XML 54 the data to determine and deem that an indi- 1 2 vidual is ineligible under State law to vote in an election, or to deem a record to be a duplicate 3 4 or outdated; (B) ensure that the standards developed 5 6 pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform 7 and nondiscriminatory manner; and 8 (C) publish the standards developed pursu- 9 ant to this paragraph on the Director’s website 10 11 and make those standards available in written form upon request. 12 (4) S ECURITY POLICY .—The Director of the 13 14 National Institute of Standards and Technology 15 shall, after providing the public with notice and the 16 opportunity to comment, publish privacy and secu- rity standards for voter registration information. 17 The standards shall require the chief State election 18 official of each State to adopt a policy that shall 19 20 specify— (A) each class of users who shall have au- 21 22 thorized access to the computerized statewide 23 voter registration list, specifying for each class the permission and levels of access to be grant- 24 ed, and setting forth other safeguards to pro- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

55 G:\P\16\HR1\INTRO.XML 55 tect the privacy, security, and accuracy of the 1 2 information on the list; and (B) security safeguards to protect personal 3 4 information transmitted through the informa- 5 tion transmittal processes of section 1013 or 6 section 1014, the online system used pursuant to section 1017, any telephone interface, the 7 8 maintenance of the voter registration database, and any audit procedure to track access to the 9 10 system. (5) S COMPLIANCE NATIONAL 11 WITH TATE 12 .— STANDARDS (A) C .—The chief executive 13 ERTIFICATION 14 officer of the State shall annually file with the 15 Election Assistance Commission a statement certifying to the Director of the National Insti- 16 tute of Standards and Technology that the 17 State is in compliance with the standards re- 18 ferred to in paragraphs (4) and (5). A State 19 20 may meet the requirement of the previous sen- tence by filing with the Commission a statement 21 lllll hereby 22 which reads as follows: ‘‘ 23 certifies that it is in compliance with the stand- ards referred to in paragraphs (4) and (5) of 24 section 1015(e) of the Automatic Voter Reg- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

56 G:\P\16\HR1\INTRO.XML 56 istration Act of 2019.’’ (with the blank to be 1 2 filled in with the name of the State involved). (B) P 3 UBLICATION OF POLICIES AND PRO - .—The chief State election official of a CEDURES 4 State shall publish on the official’s website the 5 6 policies and procedures established under this section, and shall make those policies and pro- 7 cedures available in written form upon public 8 request. 9 (C) F - 10 UNDING DEPENDENT ON CERTIFI .—If a State does not timely file the cer- 11 CATION tification required under this paragraph, it shall 12 13 not receive any payment under this part for the 14 upcoming fiscal year. (D) C - OMPLIANCE OF STATES THAT RE 15 QUIRE CHANGES TO STATE LAW .—In the case 16 of a State that requires State legislation to 17 18 carry out an activity covered by any certifi- cation submitted under this paragraph, for a 19 20 period of not more than 2 years the State shall 21 be permitted to make the certification notwith- 22 standing that the legislation has not been en- acted at the time the certification is submitted, 23 and such State shall submit an additional cer- 24 25 tification once such legislation is enacted. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

57 G:\P\16\HR1\INTRO.XML 57 U NFORMATION .—No 1 SE OF ESTRICTIONS ON I (f) R 2 person acting under color of law may discriminate against 3 any individual based on, or use for any purpose other than 4 voter registration, election administration, or enforcement relating to election crimes, any of the following: 5 (1) Voter registration records. 6 (2) An individual’s declination to register to 7 vote or complete an affirmation of citizenship under 8 section 1013(b). 9 10 (3) An individual’s voter registration status. (g) P SE OF V OTER ROHIBITION ON THE EGISTRA - 11 U R I NFORMATION FOR C OMMERCIAL P URPOSES .—In- 12 TION 13 formation collected under this part shall not be used for 14 commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dis- 15 semination of information for political purposes, including 16 the support of campaigns for election for Federal, State, 17 or local public office or the activities of political commit- 18 19 tees (including committees of political parties) under the Federal Election Campaign Act of 1971. 20 SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION. 21 (a) C R EGISTRATION I NFORMATION AT 22 ORRECTING P OLLING LACE .—Notwithstanding section 302(a) of the 23 P Help America Vote Act of 2002 (52 U.S.C. 21082(a)), if 24 25 an individual is registered to vote in elections for Federal g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

58 G:\P\16\HR1\INTRO.XML 58 office held in a State, the appropriate election official at 1 2 the polling pace for any such election (including a location used as a polling place on a date other than the date of 3 4 the election) shall permit the individual to— 5 (1) update the individual’s address for purposes 6 of the records of the election official; (2) correct any incorrect information relating to 7 8 the individual, including the individual’s name and political party affiliation, in the records of the elec- 9 10 tion official; and (3) cast a ballot in the election on the basis of 11 the updated address or corrected information, and to 12 have the ballot treated as a regular ballot and not 13 as a provisional ballot under section 302(a) of such 14 15 Act. (b) U C OMPUTERIZED S TATEWIDE V OTER 16 PDATES TO R EGISTRATION .—If an election official at the poll- 17 L ISTS 18 ing place receives an updated address or corrected infor- 19 mation from an individual under subsection (a), the offi- cial shall ensure that the address or information is 20 21 promptly entered into the computerized Statewide voter 22 registration list in accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 23 (52 U.S.C. 21083(a)(1)(A)(vi)). 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

59 G:\P\16\HR1\INTRO.XML 59 SEC. 1017. PAYMENTS AND GRANTS. 1 (a) I .—The Election Assistance Commis- G N 2 ENERAL sion shall make grants to each eligible State to assist the 3 4 State in implementing the requirements of this part (or, in the case of an exempt State, in implementing its exist- 5 6 ing automatic voter registration program). (b) E LIGIBILITY .—A State is eligible 7 ; A PPLICATION 8 to receive a grant under this section if the State submits to the Commission, at such time and in such form as the 9 Commission may require, an application containing— 10 (1) a description of the activities the State will 11 carry out with the grant; 12 (2) an assurance that the State shall carry out 13 14 such activities without partisan bias and without 15 promoting any particular point of view regarding 16 any issue; and (3) such other information and assurances as 17 the Commission may require. 18 (c) A RANT MOUNT OF RIORITIES .—The Commis- 19 G ; P 20 sion shall determine the amount of a grant made to an 21 eligible State under this section. In determining the 22 amounts of the grants, the Commission shall give priority 23 to providing funds for those activities which are most like- ly to accelerate compliance with the requirements of this 24 part (or, in the case of an exempt State, which are most 25 26 likely to enhance the ability of the State to automatically g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

60 G:\P\16\HR1\INTRO.XML 60 register individuals to vote through its existing automatic 1 2 voter registration program), including— (1) investments supporting electronic informa- 3 4 tion transfer, including electronic collection and 5 transfer of signatures, between contributing agencies 6 and the appropriate State election officials; (2) updates to online or electronic voter reg- 7 8 istration systems already operating as of the date of the enactment of this Act; 9 10 (3) introduction of online voter registration sys- tems in jurisdictions in which those systems did not 11 previously exist; and 12 (4) public education on the availability of new 13 methods of registering to vote, updating registration, 14 15 and correcting registration. (d) A A PPROPRIATIONS .— 16 UTHORIZATION OF (1) A UTHORIZATION .—There are authorized to 17 18 be appropriated to carry out this section— (A) $500,000,000 for fiscal year 2019; and 19 20 (B) such sums as may be necessary for each succeeding fiscal year. 21 (2) C .— 22 ONTINUING AVAILABILITY OF FUNDS 23 Any amounts appropriated pursuant to the authority of this subsection shall remain available without fis- 24 cal year limitation until expended. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

61 G:\P\16\HR1\INTRO.XML 61 SEC. 1018. TREATMENT OF EXEMPT STATES. 1 (a) W .—Except as pro- R 2 AIVER OF EQUIREMENTS vided in subsection (b), this part does not apply with re- 3 spect to an exempt State. 4 (b) E 5 .—The following provisions of this XCEPTIONS part apply with respect to an exempt State: 6 (1) section 1016 (relating to registration port- 7 8 ability and correction). (2) section 1017 (relating to payments and 9 grants). 10 (3) Section 1019(e) (relating to enforcement). 11 (4) Section 1019(f) (relating to relation to 12 13 other laws). SEC. 1019. MISCELLANEOUS PROVISIONS. 14 (a) A R EGISTRATION S ERVICES .— 15 CCESSIBILITY OF 16 Each contributing agency shall ensure that the services 17 it provides under this part are made available to individ- uals with disabilities to the same extent as services are 18 made available to all other individuals. 19 (b) T T HROUGH S ECURE T HIRD P ARTY 20 RANSMISSION P ERMITTED 21 .—Nothing in this part shall be construed to prevent a contributing agency from contracting with a 22 third party to assist the agency in meeting the information 23 24 transmittal requirements of this part, so long as the data 25 transmittal complies with the applicable requirements of g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

62 G:\P\16\HR1\INTRO.XML 62 this part, including the privacy and security provisions of 1 2 section 1015. (c) N ONDISCRIMINATORY ROVISION 3 ONPARTISAN P , N .—The services made available by contrib- 4 ERVICES OF S uting agencies under this part and by the State under sec- 5 tions 1006 and 1007 shall be made in a manner consistent 6 with paragraphs (4), (5), and (6)(C) of section 7(a) of 7 8 the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)). 9 (d) N 10 OTICES .—Each State may send notices under 11 this part via electronic mail if the individual has provided an electronic mail address and consented to electronic mail 12 13 communications for election-related materials. All notices 14 sent pursuant to this part that require a response must 15 offer the individual notified the opportunity to respond at no cost to the individual. 16 (e) E NFORCEMENT .—Section 11 of the National 17 Voter Registration Act of 1993 (52 U.S.C. 20510), relat- 18 19 ing to civil enforcement and the availability of private rights of action, shall apply with respect to this part in 20 the same manner as such section applies to such Act. 21 (f) R O THER L AWS .—Except as pro- 22 ELATION TO 23 vided, nothing in this part may be construed to authorize or require conduct prohibited under, or to supersede, re- 24 strict, or limit the application of any of the following: 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

63 G:\P\16\HR1\INTRO.XML 63 (1) The Voting Rights Act of 1965 (52 U.S.C. 1 2 10301 et seq.). (2) The Uniformed and Overseas Citizens Ab- 3 4 sentee Voting Act (52 U.S.C. 20301 et seq.). (3) The National Voter Registration Act of 5 6 1993 (52 U.S.C. 20501 et seq.). (4) The Help America Vote Act of 2002 (52 7 U.S.C. 20901 et seq.). 8 9 SEC. 1020. DEFINITIONS. In this part, the following definitions apply: 10 (1) The term ‘‘chief State election official’’ 11 12 means, with respect to a State, the individual des- ignated by the State under section 10 of the Na- 13 14 tional Voter Registration Act of 1993 (52 U.S.C. 15 20509) to be responsible for coordination of the 16 State’s responsibilities under such Act. (2) The term ‘‘Commission’’ means the Election 17 Assistance Commission. 18 (3) The term ‘‘exempt State’’ means a State 19 20 which, under law which is in effect continuously on and after the date of the enactment of this Act, op- 21 22 erates an automatic voter registration program 23 under which an individual is automatically registered to vote in elections for Federal office in the State if 24 the individual provides the motor vehicle authority of 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

64 G:\P\16\HR1\INTRO.XML 64 the State with such identifying information as the 1 2 State may require. (4) The term ‘‘State’’ means each of the several 3 4 States and the District of Columbia. 5 SEC. 1021. EFFECTIVE DATE. (a) I .—Except as provided in subsection 6 G N ENERAL (b), this part and the amendments made by this part shall 7 8 apply with respect to a State beginning January 1, 2021. (b) W .—Subject to the approval of the Com- 9 AIVER mission, if a State certifies to the Commission that the 10 State will not meet the deadline referred to in subsection 11 (a) because of extraordinary circumstances and includes 12 13 in the certification the reasons for the failure to meet the 14 deadline, subsection (a) shall apply to the State as if the 15 reference in such subsection to ‘‘January 1, 2021’’ were a reference to ‘‘January 1, 2023’’. 16 PART 3—SAME DAY VOTER REGISTRATION 17 SEC. 1031. SAME DAY REGISTRATION. 18 (a) I ENERAL .—Title III of the Help America 19 G N 20 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended— 21 (1) by redesignating sections 304 and 305 as 22 sections 305 and 306; and (2) by inserting after section 303 the following 23 24 new section: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

65 G:\P\16\HR1\INTRO.XML 65 ‘‘SEC. 304. SAME DAY REGISTRATION. 1 ‘‘(a) I .— G 2 N ENERAL ‘‘(1) R EGISTRATION .—Notwithstanding section 3 8(a)(1)(D) of the National Voter Registration Act of 4 5 1993 (52 U.S.C. 20507(a)(1)(D)), each State shall permit any eligible individual on the day of a Fed- 6 eral election and on any day when voting, including 7 8 early voting, is permitted for a Federal election— ‘‘(A) to register to vote in such election at 9 the polling place using a form that meets the 10 requirements under section 9(b) of the National 11 Voter Registration Act of 1993 (or, if the indi- 12 13 vidual is already registered to vote, to revise any of the individual’s voter registration infor- 14 15 mation); and 16 ‘‘(B) to cast a vote in such election. ‘‘(2) E .—The requirements under XCEPTION 17 paragraph (1) shall not apply to a State in which, 18 under a State law in effect continuously on and after 19 the date of the enactment of this section, there is no 20 21 voter registration requirement for individuals in the State with respect to elections for Federal office. 22 ‘‘(b) E I NDIVIDUAL .—For purposes of this 23 LIGIBLE 24 section, the term ‘eligible individual’ means, with respect to any election for Federal office, an individual who is oth- 25 erwise qualified to vote in that election. 26 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

66 G:\P\16\HR1\INTRO.XML 66 D 1 ATE FFECTIVE .—Each State shall be re- ‘‘(c) E 2 quired to comply with the requirements of subsection (a) 3 for the regularly scheduled general election for Federal of- 4 fice occurring in November 2020 and for any subsequent election for Federal office.’’. 5 (b) C MENDMENT R ELATING TO E N - ONFORMING A 6 .—Section 401 of such Act (52 U.S.C. 21111) FORCEMENT 7 8 is amended by striking ‘‘sections 301, 302, and 303’’ and inserting ‘‘subtitle A of title III’’. 9 (c) C MENDMENT .—The table of contents 10 LERICAL A 11 of such Act is amended— (1) by redesignating the items relating to sec- 12 tions 304 and 305 as relating to sections 305 and 13 14 306; and 15 (2) by inserting after the item relating to sec- 16 tion 303 the following new item: ‘‘Sec. 304. Same day registration.’’. 17 PART 4—CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS 18 SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS 19 20 FROM OFFICIAL LIST OF ELIGIBLE VOTERS ON BASIS OF INTERSTATE CROSS-CHECKS. 21 (a) M I NFORMATION R EQUIRED FOR R E - 22 INIMUM U C ROSS - CHECK .—Section 8(c)(2) of the 23 NDER MOVAL 24 National Voter Registration Act of 1993 (52 U.S.C. 25 20507(c)(2)) is amended— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

67 G:\P\16\HR1\INTRO.XML 67 (1) by redesignating subparagraph (B) as sub- 1 2 paragraph (D); and (2) by inserting after subparagraph (A) the fol- 3 4 lowing new subparagraphs: ‘‘(B) To the extent that the program carried out by 5 6 a State under subparagraph (A) to systematically remove the names of ineligible voters from the official lists of eligi- 7 ble voters uses information obtained in an interstate cross- 8 9 check, the State may not remove the name of the voter from such a list unless— 10 ‘‘(i) the State obtained the voter’s full name 11 12 (including the voter’s middle name, if any) and date of birth, and the last 4 digits of the voter’s social 13 14 security number, in the interstate cross-check; or 15 ‘‘(ii) the State obtained documentation from the 16 ERIC system that the voter is no longer a resident of the State. 17 ‘‘(C) In this paragraph— 18 ‘‘(i) the term ‘interstate cross-check’ means the 19 20 transmission of information from an election official in one State to an election official of another State; 21 22 and 23 ‘‘(ii) the term ‘ERIC system’ means the system operated by the Electronic Registration Information 24 Center to share voter registration information and 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

68 G:\P\16\HR1\INTRO.XML 68 voter identification information among participating 1 2 States.’’. (b) R OT ROSS - OMPLETION OF N C 3 EQUIRING C CHECKS L HAN 6 M ATER P RIOR TO E LECTION .—Sub- 4 T ONTHS 5 paragraph (A) of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)) is amended by striking ‘‘not later than 90 6 days’’ and inserting the following: ‘‘not later than 90 days 7 (or, in the case of a program in which the State uses inter- 8 state cross-checks, not later than 6 months)’’. 9 (c) C A MENDMENT .—Subparagraph (F) 10 ONFORMING 11 of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)) is 12 amended by striking ‘‘Subparagraph (A)’’ and inserting ‘‘This paragraph’’. 13 (d) E FFECTIVE D ATE .—The amendments made by 14 this Act shall apply with respect to elections held on or 15 16 after the expiration of the 6-month period which begins on the date of the enactment of this Act. 17 PART 5—OTHER INITIATIVES TO PROMOTE 18 19 VOTER REGISTRATION 20 SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION 21 STATISTICS. (a) A NNUAL R EPORT .—Not later than 90 days after 22 23 the end of each year, each State shall submit to the Elec- 24 tion Assistance Commission and Congress a report con- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

69 G:\P\16\HR1\INTRO.XML 69 taining the following categories of information for the 1 2 year: (1) The number of individuals who were reg- 3 4 istered under part 2. (2) The number of voter registration applica- 5 6 tion forms completed by individuals that were trans- mitted by motor vehicle authorities in the State 7 (pursuant to section 5(d) of the National Voter Reg- 8 9 istration Act of 1993) and voter registration agen- cies in the State (as designated under section 7 of 10 such Act) to the chief State election official of the 11 12 State, broken down by each such authority and agency. 13 14 (3) The number of such individuals whose voter 15 registration application forms were accepted and 16 who were registered to vote in the State and the number of such individuals whose forms were re- 17 jected and who were not registered to vote in the 18 State, broken down by each such authority and 19 20 agency. (4) The number of change of address forms and 21 22 other forms of information indicating that an indi- 23 vidual’s identifying information has been changed that were transmitted by such motor vehicle authori- 24 ties and voter registration agencies to the chief State 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

70 G:\P\16\HR1\INTRO.XML 70 election official of the State, broken down by each 1 2 such authority and agency and the type of form transmitted. 3 4 (5) The number of individuals on the Statewide 5 computerized voter registration list (as established 6 and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration 7 8 information was revised by the chief State election official as a result of the forms transmitted to the 9 10 official by such motor vehicle authorities and voter registration agencies (as described in paragraph 11 (3)), broken down by each such authority and agen- 12 cy and the type of form transmitted. 13 (6) The number of individuals who requested 14 the chief State election official to revise voter reg- 15 16 istration information on such list, and the number of 17 individuals whose information was revised as a result 18 of such a request. (b) B NFORMATION BY R REAKDOWN OF 19 I ACE AND E I NDIVIDUALS .—In preparing the report 20 THNICITY OF 21 under this section, the State shall, for each category of 22 information described in subsection (a), include a break- down by race and ethnicity of the individuals whose infor- 23 24 mation is included in the category, to the extent that infor- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

71 G:\P\16\HR1\INTRO.XML 71 mation on the race and ethnicity of such individuals is 1 2 available to the State. (c) C NFORMATION 3 ONFIDENTIALITY OF .—In pre- I 4 paring and submitting a report under this section, the chief State election official shall ensure that no informa- 5 6 tion regarding the identification of any individual is re- vealed. 7 (d) S D .—In this section, a ‘‘State’’ in- 8 TATE EFINED 9 cludes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, 10 American Samoa, and the Commonwealth of the Northern 11 Mariana Islands, but does not include any State in which, 12 13 under a State law in effect continuously on and after the 14 date of the enactment of this Act, there is no voter reg- 15 istration requirement for individuals in the State with re- spect to elections for Federal office. 16 PART 6—AVAILABILITY OF HAVA REQUIREMENTS 17 PAYMENTS 18 SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS 19 20 UNDER HAVA TO COVER COSTS OF COMPLI- ANCE WITH NEW REQUIREMENTS. 21 (a) I G ENERAL .—Section 251(b) of the Help Amer- 22 N 23 ica Vote Act of 2002 (52 U.S.C. 21001(b)) is amended— (1) in paragraph (1), by striking ‘‘(2) and (3)’’ 24 and inserting ‘‘(2), (3), and (4)’’; and 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

72 G:\P\16\HR1\INTRO.XML 72 (2) by adding at the end the following new 1 2 paragraph: ‘‘(4) C 3 ERTAIN VOTER REGISTRATION ACTIVI - .—A State may use a requirements payment to 4 TIES 5 carry out any of the requirements of the Voter Reg- 6 istration Modernization Act of 2019, including the 7 requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amend- 8 9 ments made to such Act by the Voter Registration Modernization Act of 2019.’’. 10 (b) C MENDMENT .—Section 254(a)(1) 11 ONFORMING A 12 of such Act (52 U.S.C. 21004(a)(1)) is amended by strik- ing ‘‘section 251(a)(2)’’ and inserting ‘‘section 13 14 251(b)(2)’’. (c) E FFECTIVE .—The amendments made by 15 D ATE 16 this section shall apply with respect to fiscal year 2018 and each succeeding fiscal year. 17 18 PART 7—PROHIBITING INTERFERENCE WITH VOTER REGISTRATION 19 SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, 20 21 OR PREVENTING VOTER REGISTRATION. (a) I N ENERAL .—Chapter 29 of title 18, United 22 G States Code is amended by adding at the end the following 23 24 new section: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

73 G:\P\16\HR1\INTRO.XML 73 ‘‘§ 612. Hindering, interfering with, or preventing 1 2 registering to vote ‘‘(a) P 3 ROHIBITION .—It shall be unlawful for any per- 4 son, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person 5 6 from registering to vote or to corruptly hinder, interfere 7 with, or prevent another person from aiding another per- 8 son in registering to vote. ‘‘(b) A 9 TTEMPT .—Any person who attempts to commit any offense described in subsection (a) shall be subject to 10 the same penalties as those prescribed for the offense that 11 the person attempted to commit. 12 ‘‘(c) P 13 ENALTY .—Any person who violates subsection (a) shall be fined under this title, imprisoned not more 14 15 than 5 years, or both.’’. (b) C LERICAL .—The table of sections 16 A MENDMENT 17 for chapter 29 of title 18, United States Code is amended by adding at the end the following new item: 18 ‘‘612. Hindering, interfering with, or preventing registering to vote.’’. FFECTIVE ATE .—The amendments made by 19 (c) E D 20 this section shall apply with respect to elections held on 21 or after the date of the enactment of this Act, except that 22 no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), 23 on the basis of any act occurring prior to the date of the 24 25 enactment of this Act. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

74 G:\P\16\HR1\INTRO.XML 74 SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. 1 (a) B .—Not later than 180 days after P 2 EST RACTICES the date of the enactment of this Act, the Election Assist- 3 ance Commission shall develop and publish recommenda- 4 tions for best practices for States to use to deter and pre- 5 6 vent violations of section 612 of title 18, United States Code (as added by section 1071), and section 12 of the 7 National Voter Registration Act of 1993 (52 U.S.C. 8 9 20511) (relating to the unlawful interference with reg- istering to vote, or voting, or attempting to register to vote 10 or vote), including practices to provide for the posting of 11 relevant information at polling places and voter registra- 12 tion agencies under such Act, the training of poll workers 13 14 and election officials, and relevant educational materials. For purposes of this subsection, the term ‘‘State’’ includes 15 16 the District of Columbia, the Commonwealth of Puerto 17 Rico, Guam, American Samoa, the United States Virgin 18 Islands, and the Commonwealth of the Northern Mariana Islands. 19 (b) I OTER I NCLUSION IN R EQUIRE - 20 V NFORMATION .—Section 302(b)(2) of the Help America Vote Act 21 MENTS 22 of 2002 (52 U.S.C. 21082(b)(2)) is amended— 23 (1) by striking ‘‘and’’ at the end of subpara- graph (E); 24 (2) by striking the period at the end of sub- 25 26 paragraph (F) and inserting ‘‘; and’’; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

75 G:\P\16\HR1\INTRO.XML 75 (3) by adding at the end the following new sub- 1 2 paragraph: ‘‘(G) information relating to the prohibi- 3 4 tions of section 612 of title 18, United States Code, and section 12 of the National Voter 5 6 Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with reg- 7 istering to vote, or voting, or attempting to reg- 8 9 ister to vote or vote), including information on how individuals may report allegations of viola- 10 tions of such prohibitions.’’. 11 12 Subtitle B—Access to Voting for Individuals With Disabilities 13 14 SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE AC- 15 CESS TO VOTER REGISTRATION AND VOTING 16 FOR INDIVIDUALS WITH DISABILITIES. (a) R EQUIREMENTS .—Subtitle A of title III of the 17 18 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), is amended— 19 20 (1) by redesignating sections 305 and 306 as 21 sections 306 and 307; and (2) by inserting after section 304 the following 22 new section: 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

76 G:\P\16\HR1\INTRO.XML 76 ‘‘SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING 1 2 FOR INDIVIDUALS WITH DISABILITIES. ‘‘(a) T A PPLICATIONS AND AL - 3 OF REATMENT B 4 LOTS .—Each State shall— ‘‘(1) permit individuals with disabilities to use 5 absentee registration procedures and to vote by ab- 6 7 sentee ballot in elections for Federal office; ‘‘(2) accept and process, with respect to any 8 election for Federal office, any otherwise valid voter 9 registration application and absentee ballot applica- 10 tion from an individual with a disability if the appli- 11 12 cation is received by the appropriate State election 13 official not less than 30 days before the election; 14 ‘‘(3) in addition to any other method of reg- istering to vote or applying for an absentee ballot in 15 the State, establish procedures— 16 ‘‘(A) for individuals with disabilities to re- 17 quest by mail and electronically voter registra- 18 19 tion applications and absentee ballot applica- tions with respect to elections for Federal office 20 21 in accordance with subsection (c); 22 ‘‘(B) for States to send by mail and elec- 23 tronically (in accordance with the preferred method of transmission designated by the indi- 24 vidual under subparagraph (C)) voter registra- 25 26 tion applications and absentee ballot applica- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

77 G:\P\16\HR1\INTRO.XML 77 tions requested under subparagraph (A) in ac- 1 2 cordance with subsection (c); and ‘‘(C) by which such an individual can des- 3 4 ignate whether the individual prefers that such voter registration application or absentee ballot 5 6 application be transmitted by mail or electroni- cally; 7 ‘‘(4) in addition to any other method of trans- 8 9 mitting blank absentee ballots in the State, establish procedures for transmitting by mail and electroni- 10 cally blank absentee ballots to individuals with dis- 11 12 abilities with respect to elections for Federal office in accordance with subsection (d); 13 14 ‘‘(5) transmit a validly requested absentee bal- 15 lot to an individual with a disability— 16 ‘‘(A) except as provided in subsection (e), in the case in which the request is received at 17 least 45 days before an election for Federal of- 18 19 fice, not later than 45 days before the election; and 20 21 ‘‘(B) in the case in which the request is re- 22 ceived less than 45 days before an election for Federal office— 23 ‘‘(i) in accordance with State law; and 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

78 G:\P\16\HR1\INTRO.XML 78 ‘‘(ii) if practicable and as determined 1 2 appropriate by the State, in a manner that expedites the transmission of such absen- 3 4 tee ballot; and 5 ‘‘(6) if the State declares or otherwise holds a runoff election for Federal office, establish a written 6 7 plan that provides absentee ballots are made avail- able to individuals with disabilities in a manner that 8 9 gives them sufficient time to vote in the runoff elec- tion. 10 ‘‘(b) D INGLE S TATE O FFICE T O 11 ESIGNATION OF S P I R EGISTRATION AND A BSEN - 12 ROVIDE NFORMATION ON ALLOT ROCEDURES FOR A B D ISABLED V OTERS P 13 TEE LL S TATE .—Each State shall designate a single office 14 IN 15 which shall be responsible for providing information re- 16 garding voter registration procedures and absentee ballot 17 procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals 18 with disabilities who wish to register to vote or vote in 19 any jurisdiction in the State. 20 ‘‘(c) D EANS OF E LECTRONIC C OM ESIGNATION OF 21 M - I W ITH D ISABILITIES NDIVIDUALS O 22 MUNICATION FOR T R OTER S O S END V T R EGISTRA - 23 TATES EQUEST AND FOR A PPLICATIONS AND A BSENTEE B ALLOT A PPLICA - 24 TION g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

79 G:\P\16\HR1\INTRO.XML 79 1 AND FOR P URPOSES R ELATED TO V OTING THER O , TIONS I .— 2 NFORMATION ‘‘(1) I N GENERAL .—Each State shall, in addi- 3 4 tion to the designation of a single State office under subsection (b), designate not less than 1 means of 5 electronic communication— 6 ‘‘(A) for use by individuals with disabilities 7 who wish to register to vote or vote in any ju- 8 risdiction in the State to request voter registra- 9 tion applications and absentee ballot applica- 10 tions under subsection (a)(3); 11 12 ‘‘(B) for use by States to send voter reg- 13 istration applications and absentee ballot appli- 14 cations requested under such subsection; and ‘‘(C) for the purpose of providing related 15 voting, balloting, and election information to in- 16 dividuals with disabilities. 17 ‘‘(2) C 18 LARIFICATION REGARDING PROVISION OF MEANS OF ELECTRONIC COMMUNICA - 19 MULTIPLE .—A State may, in addition to the means of 20 TION electronic communication so designated, provide 21 multiple means of electronic communication to indi- 22 viduals with disabilities, including a means of elec- 23 24 tronic communication for the appropriate jurisdic- 25 tion of the State. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

80 G:\P\16\HR1\INTRO.XML 80 1 NCLUSION OF DESIGNATED MEANS OF ‘‘(3) I INFORMA 2 ELECTRONIC - COMMUNICATION WITH TIONAL AND INSTRUCTIONAL MATERIALS THAT AC - 3 .—Each State shall COMPANY BALLOTING MATERIALS 4 5 include a means of electronic communication so des- ignated with all informational and instructional ma- 6 terials that accompany balloting materials sent by 7 8 the State to individuals with disabilities. ‘‘(4) T - 9 RANSMISSION IF NO PREFERENCE INDI CATED .—In the case where an individual with a dis- 10 ability does not designate a preference under sub- 11 12 section (a)(3)(C), the State shall transmit the voter registration application or absentee ballot application 13 by any delivery method allowable in accordance with 14 15 applicable State law, or if there is no applicable 16 State law, by mail. ‘‘(d) T B A BSENTEE B ALLOTS RANSMISSION OF LANK 17 AIL AND E LECTRONICALLY .— 18 M BY ‘‘(1) I .—Each State shall establish 19 N GENERAL procedures— 20 ‘‘(A) to securely transmit blank absentee 21 ballots by mail and electronically (in accordance 22 23 with the preferred method of transmission des- 24 ignated by the individual with a disability under g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

81 G:\P\16\HR1\INTRO.XML 81 subparagraph (B)) to individuals with disabil- 1 2 ities for an election for Federal office; and ‘‘(B) by which the individual with a dis- 3 4 ability can designate whether the individual pre- 5 fers that such blank absentee ballot be trans- 6 mitted by mail or electronically. ‘‘(2) T 7 - RANSMISSION IF NO PREFERENCE INDI 8 CATED .—In the case where an individual with a dis- 9 ability does not designate a preference under para- graph (1)(B), the State shall transmit the ballot by 10 any delivery method allowable in accordance with ap- 11 plicable State law, or if there is no applicable State 12 law, by mail. 13 ‘‘(3) A - 14 PPLICATION OF METHODS TO TRACK DE LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL 15 16 REQUESTING BALLOT .—Under the procedures estab- 17 lished under paragraph (1), the State shall apply such methods as the State considers appropriate, 18 19 such as assigning a unique identifier to the ballot, to ensure that if an individual with a disability re- 20 21 quests the State to transmit a blank absentee ballot 22 to the individual in accordance with this subsection, 23 the voted absentee ballot which is returned by the individual is the same blank absentee ballot which 24 25 the State transmitted to the individual. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

82 G:\P\16\HR1\INTRO.XML 82 E 1 XEMPTION ARDSHIP .— ‘‘(e) H ‘‘(1) I 2 .—If the chief State election N GENERAL official determines that the State is unable to meet 3 the requirement under subsection (a)(5)(A) with re- 4 spect to an election for Federal office due to an 5 undue hardship described in paragraph (2)(B), the 6 7 chief State election official shall request that the At- torney General grant a waiver to the State of the 8 application of such subsection. Such request shall in- 9 clude— 10 ‘‘(A) a recognition that the purpose of 11 such subsection is to individuals with disabil- 12 13 ities enough time to vote in an election for Fed- 14 eral office; 15 ‘‘(B) an explanation of the hardship that indicates why the State is unable to transmit 16 such individuals an absentee ballot in accord- 17 ance with such subsection; 18 19 ‘‘(C) the number of days prior to the elec- tion for Federal office that the State requires 20 21 absentee ballots be transmitted to such individ- 22 uals; and 23 ‘‘(D) a comprehensive plan to ensure that such individuals are able to receive absentee 24 25 ballots which they have requested and submit g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

83 G:\P\16\HR1\INTRO.XML 83 marked absentee ballots to the appropriate 1 2 State election official in time to have that ballot counted in the election for Federal office, which 3 4 includes— ‘‘(i) the steps the State will undertake 5 6 to ensure that such individuals have time to receive, mark, and submit their ballots 7 in time to have those ballots counted in the 8 election; 9 ‘‘(ii) why the plan provides such indi- 10 11 viduals sufficient time to vote as a sub- stitute for the requirements under such 12 13 subsection; and ‘‘(iii) the underlying factual informa- 14 15 tion which explains how the plan provides 16 such sufficient time to vote as a substitute 17 for such requirements. ‘‘(2) A .—The 18 PPROVAL OF WAIVER REQUEST Attorney General shall approve a waiver request 19 20 under paragraph (1) if the Attorney General deter- mines each of the following requirements are met: 21 22 ‘‘(A) The comprehensive plan under sub- 23 paragraph (D) of such paragraph provides indi- viduals with disabilities sufficient time to re- 24 ceive absentee ballots they have requested and 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

84 G:\P\16\HR1\INTRO.XML 84 submit marked absentee ballots to the appro- 1 2 priate State election official in time to have that ballot counted in the election for Federal office. 3 4 ‘‘(B) One or more of the following issues 5 creates an undue hardship for the State: 6 ‘‘(i) The State’s primary election date prohibits the State from complying with 7 8 subsection (a)(5)(A). ‘‘(ii) The State has suffered a delay in 9 10 generating ballots due to a legal contest. ‘‘(iii) The State Constitution prohibits 11 the State from complying with such sub- 12 section. 13 ‘‘(3) T IMING OF WAIVER .— 14 ‘‘(A) I .—Except as provided N GENERAL 15 under subparagraph (B), a State that requests 16 a waiver under paragraph (1) shall submit to 17 the Attorney General the written waiver request 18 not later than 90 days before the election for 19 20 Federal office with respect to which the request is submitted. The Attorney General shall ap- 21 22 prove or deny the waiver request not later than 23 65 days before such election. ‘‘(B) E XCEPTION .—If a State requests a 24 25 waiver under paragraph (1) as the result of an g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

85 G:\P\16\HR1\INTRO.XML 85 undue hardship described in paragraph 1 2 (2)(B)(ii), the State shall submit to the Attor- ney General the written waiver request as soon 3 4 as practicable. The Attorney General shall ap- 5 prove or deny the waiver request not later than 6 5 business days after the date on which the re- 7 quest is received. ‘‘(4) A 8 PPLICATION OF WAIVER .—A waiver ap- proved under paragraph (2) shall only apply with re- 9 spect to the election for Federal office for which the 10 11 request was submitted. For each subsequent election for Federal office, the Attorney General shall only 12 approve a waiver if the State has submitted a re- 13 quest under paragraph (1) with respect to such elec- 14 tion. 15 ‘‘(f) R C .—Nothing in this sec- 16 ONSTRUCTION ULE OF tion may be construed to allow the marking or casting of 17 ballots over the internet. 18 ‘‘(g) I W ITH A D ISABILITY D EFINED .— 19 NDIVIDUAL 20 In this section, an ‘individual with a disability’ means an 21 individual with an impairment that substantially limits any major life activities and who is otherwise qualified to 22 23 vote in elections for Federal office. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

86 G:\P\16\HR1\INTRO.XML 86 D 1 ATE FFECTIVE .—This section shall apply ‘‘(h) E with respect to elections for Federal office held on or after 2 3 January 1, 2020.’’. (b) C R ELATING ONFORMING 4 A MENDMENT TO I OLUNTARY G UIDANCE BY E LECTION A S - 5 SSUANCE OF V C OMMISSION .—Section 311(b) of such Act (52 6 SISTANCE U.S.C. 21101(b)) is amended— 7 8 (1) by striking ‘‘and’’ at the end of paragraph 9 (2); 10 (2) by striking the period at the end of para- graph (3) and inserting ‘‘; and’’; and 11 (3) by adding at the end the following new 12 paragraph: 13 ‘‘(4) in the case of the recommendations with 14 respect to section 305, January 1, 2020.’’. 15 (c) C LERICAL A MENDMENT .—The table of contents 16 17 of such Act, as amended by section 1031(c), is amended— 18 (1) by redesignating the items relating to sec- 19 tions 305 and 306 as relating to sections 306 and 307; and 20 (2) by inserting after the item relating to sec- 21 22 tion 304 the following new item: ‘‘Sec. 305. Access to voter registration and voting for individuals with disabil- ities.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00086 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

87 G:\P\16\HR1\INTRO.XML 87 SEC. 1102. PILOT PROGRAMS FOR ENABLING INDIVIDUALS 1 2 WITH DISABILITIES TO REGISTER TO VOTE AND VOTE PRIVATELY AND INDEPENDENTLY 3 4 AT RESIDENCES. (a) E P ROGRAMS STABLISHMENT OF 5 P ILOT .—The 6 Election Assistance Commission (hereafter referred to as the ‘‘Commission’’) shall make grants to eligible States to 7 8 conduct pilot programs under which— (1) individuals with disabilities may use elec- 9 tronic means (including the Internet and telephones 10 utilizing assistive devices) to register to vote and to 11 request and receive absentee ballots, in a manner 12 13 which permits such individuals to do so privately and independently at their own residences; and 14 15 (2) individuals with disabilities may use the 16 telephone to cast ballots electronically from their 17 own residences, but only if the telephone used is not connected to the Internet. 18 (b) R EPORTS .— 19 (1) I 20 .—A State receiving a grant for N GENERAL a year under this section shall submit a report to the 21 22 Commission on the pilot programs the State carried 23 out with the grant with respect to elections for pub- 24 lic office held in the State during the year. (2) D EADLINE .—A State shall submit a report 25 26 under paragraph (1) not later than 90 days after g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

88 G:\P\16\HR1\INTRO.XML 88 the last election for public office held in the State 1 2 during the year. (c) E 3 .—A State is eligible to receive a LIGIBILITY grant under this section if the State submits to the Com- 4 5 mission, at such time and in such form as the Commission may require, an application containing such information 6 and assurances as the Commission may require. 7 (d) T .—The Commission shall make the first IMING 8 9 grants under this section for pilot programs which will be in effect with respect to elections for Federal office held 10 11 in 2020, or, at the option of a State, with respect to other elections for public office held in the State in 2020. 12 (e) A A PPROPRIATIONS .—There is 13 UTHORIZATION OF 14 authorized to be appropriated for grants for pilot pro- 15 grams under this section $30,000,000 for fiscal year 2020 and each succeeding fiscal year. 16 (f) S TATE EFINED .—In this section, the term 17 D 18 ‘‘State’’ includes the District of Columbia, the Common- 19 wealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of 20 the Northern Mariana Islands. 21 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

89 G:\P\16\HR1\INTRO.XML 89 SEC. 1103. EXPANSION AND REAUTHORIZATION OF GRANT 1 2 PROGRAM TO ASSURE VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES. 3 (a) P URPOSES OF P AYMENTS 4 .—Section 261(b) of the Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is 5 amended by striking paragraphs (1) and (2) and inserting 6 the following: 7 ‘‘(1) making absentee voting and voting at 8 9 home accessible to individuals with the full range of disabilities (including impairments involving vision, 10 11 hearing, mobility, or dexterity) through the imple- mentation of accessible absentee voting systems that 12 13 work in conjunction with assistive technologies for 14 which individuals have access at their homes, inde- 15 pendent living centers, or other facilities; ‘‘(2) making polling places, including the path 16 of travel, entrances, exits, and voting areas of each 17 polling facility, accessible to individuals with disabil- 18 19 ities, including the blind and visually impaired, in a manner that provides the same opportunity for ac- 20 21 cess and participation (including privacy and inde- 22 pendence) as for other voters; and 23 ‘‘(3) providing solutions to problems of access to voting and elections for individuals with disabil- 24 25 ities that are universally designed and provide the g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

90 G:\P\16\HR1\INTRO.XML 90 same opportunities for individuals with and without 1 2 disabilities.’’. (b) R 3 EAUTHORIZATION .—Section 264(a) of such Act 4 (52 U.S.C. 21024(a)) is amended by adding at the end the following new paragraph: 5 6 ‘‘(4) For fiscal year 2020 and each succeeding 7 fiscal year, such sums as may be necessary to carry 8 out this part.’’. (c) P VAILABILITY OF F UNDS .—Section 9 ERIOD OF A 10 264 of such Act (52 U.S.C. 21024) is amended— (1) in subsection (b), by striking ‘‘Any 11 amounts’’ and inserting ‘‘Except as provided in sub- 12 13 section (b), any amounts’’; and (2) by adding at the end the following new sub- 14 15 section: ‘‘(c) R ETURN AND C ERTAIN F UNDS .— 16 RANSFER OF T ‘‘(1) D - 17 EADLINE FOR OBLIGATION AND EXPEND ITURE .—In the case of any amounts appropriated 18 19 pursuant to the authority of subsection (a) for a 20 payment to a State or unit of local government for 21 fiscal year 2020 or any succeeding fiscal year, any portion of such amounts which have not been obli- 22 gated or expended by the State or unit of local gov- 23 24 ernment prior to the expiration of the 4-year period 25 which begins on the date the State or unit of local g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

91 G:\P\16\HR1\INTRO.XML 91 government first received the amounts shall be 1 2 transferred to the Commission. ‘‘(2) R TRANSFERRED 3 OF EALLOCATION .— 4 AMOUNTS ‘‘(A) I 5 N GENERAL .—The Commission shall 6 use the amounts transferred under paragraph (1) to make payments on a pro rata basis to 7 each covered payment recipient described in 8 9 subparagraph (B), which may obligate and ex- pend such payment for the purposes described 10 11 in section 261(b) during the 1-year period 12 which begins on the date of receipt. ‘‘(B) C - OVERED PAYMENT RECIPIENTS DE 13 14 SCRIBED .—In subparagraph (A), a ‘covered 15 payment recipient’ is a State or unit of local government with respect to which— 16 17 ‘‘(i) amounts were appropriated pur- 18 suant to the authority of subsection (a); 19 and ‘‘(ii) no amounts were transferred to 20 21 the Commission under paragraph (1).’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

92 G:\P\16\HR1\INTRO.XML 92 Subtitle C—Prohibiting Voter 1 2 Caging SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE 3 4 CHALLENGES PROHIBITED. (a) I N ENERAL .—Chapter 29 of title 18, United 5 G States Code, as amended by section 1071(a), is amended 6 by adding at the end the following: 7 ‘‘§ 613. Voter caging and other questionable chal- 8 9 lenges ‘‘(a) D EFINITIONS 10 .—In this section— ‘‘(1) the term ‘voter caging document’ means— 11 12 ‘‘(A) a nonforwardable document that is 13 returned to the sender or a third party as unde- 14 livered or undeliverable despite an attempt to deliver such document to the address of a reg- 15 istered voter or applicant; or 16 ‘‘(B) any document with instructions to an 17 18 addressee that the document be returned to the sender or a third party but is not so returned, 19 20 despite an attempt to deliver such document to 21 the address of a registered voter or applicant, unless at least two Federal election cycles have 22 passed since the date of the attempted delivery; 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

93 G:\P\16\HR1\INTRO.XML 93 ‘‘(2) the term ‘voter caging list’ means a list of 1 2 individuals compiled from voter caging documents; and 3 4 ‘‘(3) the term ‘unverified match list’ means a list produced by matching the information of reg- 5 6 istered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the 7 registrar’s jurisdiction, by virtue of death, convic- 8 9 tion, change of address, or otherwise; unless one of the pieces of information matched includes a signa- 10 ture, photograph, or unique identifying number en- 11 suring that the information from each source refers 12 to the same individual. 13 ‘‘(b) P A GAINST V OTER C AGING .—No 14 ROHIBITION 15 State or local election official shall prevent an individual 16 from registering or voting in any election for Federal of- fice, or permit in connection with any election for Federal 17 office a formal challenge under State law to an individual’s 18 registration status or eligibility to vote, if the basis for 19 20 such decision is evidence consisting of— ‘‘(1) a voter caging document or voter caging 21 22 list; 23 ‘‘(2) an unverified match list; ‘‘(3) an error or omission on any record or 24 paper relating to any application, registration, or 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

94 G:\P\16\HR1\INTRO.XML 94 other act requisite to voting, if such error or omis- 1 2 sion is not material to an individual’s eligibility to vote under section 2004 of the Revised Statutes, as 3 4 amended (52 U.S.C. 10101(a)(2)(B)); or ‘‘(4) any other evidence so designated for pur- 5 6 poses of this section by the Election Assistance Com- mission, 7 except that the election official may use such evidence if 8 it is corroborated by independent evidence of the individ- 9 ual’s ineligibility to register or vote. 10 ‘‘(c) R C HALLENGES BY EQUIREMENTS FOR ERSONS 11 P O T HAN E LECTION O FFICIALS .—No person, other 12 THER 13 than a State or local election official, shall submit a formal 14 challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election 15 for Federal office unless that challenge is supported by 16 personal knowledge regarding the grounds for ineligibility 17 which is— 18 19 ‘‘(1) documented in writing; and ‘‘(2) subject to an oath or attestation under 20 21 penalty of perjury that the challenger has a good 22 faith factual basis to believe that the individual who 23 is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge 24 25 which is based on the race, ethnicity, or national ori- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

95 G:\P\16\HR1\INTRO.XML 95 gin of the individual who is the subject of the chal- 1 2 lenge may not be considered to have a good faith factual basis for purposes of this paragraph. 3 ‘‘(d) P ENALTIES FOR ISCONDUCT .— 4 NOWING K M Whoever knowingly challenges the eligibility of one or 5 6 more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in viola- 7 tion of this section with the intent that one or more eligi- 8 9 ble voters be disqualified, shall be fined under this title or imprisoned not more than 1 year, or both, for each such 10 violation. Each violation shall be a separate offense. 11 ‘‘(e) N FFECT ON R O L AWS .—Nothing in 12 E ELATED 13 this section is intended to override the protections of the 14 National Voter Registration Act of 1993 (52 U.S.C. 15 20501 et seq.) or to affect the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).’’. 16 (b) C MENDMENT .—The table of sections 17 LERICAL A 18 for chapter 29 of title 18, United States Code, as amended by section 1071(b), is amended by adding at the end the 19 following: 20 ‘‘613. Voter caging and other questionable challenges.’’. 21 SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRAC- 22 TICES FOR PREVENTING VOTER CAGING. (a) B EST P RACTICES .—Not later than 180 days after 23 24 the date of the enactment of this Act, the Election Assist- 25 ance Commission shall develop and publish for the use of g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

96 G:\P\16\HR1\INTRO.XML 96 States recommendations for best practices to deter and 1 2 prevent violations of section 613 of title 18, United States Code, as added by section 1201(a), including practices to 3 4 provide for the posting of relevant information at polling places and voter registration agencies, the training of poll 5 workers and election officials, and relevant educational 6 measures. For purposes of this subsection, the term 7 8 ‘‘State’’ includes the District of Columbia, the Common- wealth of Puerto Rico, Guam, American Samoa, the 9 United States Virgin Islands, and the Commonwealth of 10 the Northern Mariana Islands. 11 (b) I V OTING I NFORMATION R EQUIRE - 12 NCLUSION IN .—Section 302(b)(2) of the Help America Vote Act MENTS 13 of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 14 1072(b), is amended— 15 (1) by striking ‘‘and’’ at the end of subpara- 16 graph (F); 17 18 (2) by striking the period at the end of sub- paragraph (G) and inserting ‘‘; and’’; and 19 20 (3) by adding at the end the following new sub- 21 paragraph: 22 ‘‘(H) information relating to the prohibi- tion against voter caging and other questionable 23 challenges (as set forth in section 613 of title 24 25 18, United States Code), including information g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

97 G:\P\16\HR1\INTRO.XML 97 on how individuals may report allegations of 1 2 violations of such prohibition.’’. Subtitle D—Prohibiting Deceptive 3 4 Practices and Preventing Voter 5 Intimidation 6 SEC. 1301. SHORT TITLE. This subtitle may be cited as the ‘‘Deceptive Prac- 7 8 tices and Voter Intimidation Prevention Act of 2019’’. SEC. 1302. PROHIBITION ON DECEPTIVE PRACTICES IN 9 10 FEDERAL ELECTIONS. (a) P .—Subsection (b) of section 2004 of 11 ROHIBITION the Revised Statutes (52 U.S.C. 10101(b)) is amended— 12 (1) by striking ‘‘No person’’ and inserting the 13 14 following: ‘‘(1) I .—No person’’; and 15 N GENERAL 16 (2) by inserting at the end the following new 17 paragraphs: ‘‘(2) F 18 ALSE STATEMENTS REGARDING FEDERAL ELECTIONS .— 19 ‘‘(A) P ROHIBITION .—No person, whether 20 21 acting under color of law or otherwise, shall, 22 within 60 days before an election described in 23 paragraph (5), by any means, including by means of written, electronic, or telephonic com- 24 25 munications, communicate or cause to be com- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

98 G:\P\16\HR1\INTRO.XML 98 municated information described in subpara- 1 2 graph (B), or produce information described in subparagraph (B) with the intent that such in- 3 4 formation be communicated, if such person— ‘‘(i) knows such information to be ma- 5 6 terially false; and ‘‘(ii) has the intent to impede or pre- 7 vent another person from exercising the 8 9 right to vote in an election described in paragraph (5). 10 ‘‘(B) I NFORMATION DESCRIBED 11 .—Infor- mation is described in this subparagraph if such 12 13 information is regarding— 14 ‘‘(i) the time, place, or manner of 15 holding any election described in para- graph (5); or 16 ‘‘(ii) the qualifications for or restric- 17 tions on voter eligibility for any such elec- 18 19 tion, including— ‘‘(I) any criminal penalties asso- 20 21 ciated with voting in any such elec- 22 tion; or 23 ‘‘(II) information regarding a voter’s registration status or eligi- 24 25 bility. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

99 G:\P\16\HR1\INTRO.XML 99 1 ALSE STATEMENTS REGARDING PUBLIC ‘‘(3) F ENDORSEMENTS .— 2 ‘‘(A) P .—No person, whether ROHIBITION 3 acting under color of law or otherwise, shall, 4 5 within 60 days before an election described in paragraph (5), by any means, including by 6 means of written, electronic, or telephonic com- 7 munications, communicate, or cause to be com- 8 9 municated, a materially false statement about an endorsement, if such person— 10 ‘‘(i) knows such statement to be false; 11 and 12 ‘‘(ii) has the intent to impede or pre- 13 14 vent another person from exercising the 15 right to vote in an election described in 16 paragraph (5). ‘‘(B) D ‘ MATERIALLY 17 EFINITION OF 18 ’.—For purposes of subparagraph (A), a FALSE statement about an endorsement is ‘materially 19 20 false’ if, with respect to an upcoming election 21 described in paragraph (5)— 22 ‘‘(i) the statement states that a spe- cifically named person, political party, or 23 24 organization has endorsed the election of a g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

100 G:\P\16\HR1\INTRO.XML 100 specific candidate for a Federal office de- 1 2 scribed in such paragraph; and ‘‘(ii) such person, political party, or 3 4 organization has not endorsed the election 5 of such candidate. ‘‘(4) H INTERFERING WITH , OR PRE - 6 INDERING , 7 VENTING VOTING OR REGISTERING TO VOTE .—No person, whether acting under color of law or other- 8 wise, shall intentionally hinder, interfere with, or 9 prevent another person from voting, registering to 10 vote, or aiding another person to vote or register to 11 12 vote in an election described in paragraph (5). ‘‘(5) E .—An election de- 13 LECTION DESCRIBED 14 scribed in this paragraph is any general, primary, 15 run-off, or special election held solely or in part for the purpose of nominating or electing a candidate 16 for the office of President, Vice President, presi- 17 dential elector, Member of the Senate, Member of 18 19 the House of Representatives, or Delegate or Com- missioner from a Territory or possession.’’. 20 (b) P R IGHT OF A CTION .— 21 RIVATE (1) I N GENERAL 22 .—Subsection (c) of section 2004 of the Revised Statutes (52 U.S.C. 10101(c)) 23 24 is amended— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

101 G:\P\16\HR1\INTRO.XML 101 (A) by striking ‘‘Whenever any person’’ 1 2 and inserting the following: ‘‘(1) Whenever any person’’; and 3 4 (B) by adding at the end the following new 5 paragraph: 6 ‘‘(2) Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a 7 8 civil action for preventive relief, including an appli- cation in a United States district court for a perma- 9 10 nent or temporary injunction, restraining order, or other order. In any such action, the court, in its dis- 11 cretion, may allow the prevailing party a reasonable 12 attorney’s fee as part of the costs.’’. 13 (2) C ONFORMING AMENDMENTS .— 14 15 (A) Subsection (e) of section 2004 of the 16 Revised Statutes (52 U.S.C. 10101(e)) is 17 amended by striking ‘‘subsection (c)’’ and in- serting ‘‘subsection (c)(1)’’. 18 (B) Subsection (g) of section 2004 of the 19 Revised Statutes (52 U.S.C. 10101(g)) is 20 21 amended by striking ‘‘subsection (c)’’ and in- serting ‘‘subsection (c)(1)’’. 22 (c) C P ENALTIES .— 23 RIMINAL (1) D ECEPTIVE ACTS .—Section 594 of title 18, 24 United States Code, is amended— 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

102 G:\P\16\HR1\INTRO.XML 102 (A) by striking ‘‘Whoever’’ and inserting 1 2 the following: ‘‘(a) I 3 NTIMIDATION .—Whoever’’; 4 (B) in subsection (a), as inserted by sub- 5 paragraph (A), by striking ‘‘at any election’’ and inserting ‘‘at any general, primary, run-off, 6 7 or special election’’; and (C) by adding at the end the following new 8 9 subsections: ‘‘(b) D A CTS .— ECEPTIVE 10 ‘‘(1) F ALSE STATEMENTS REGARDING FEDERAL 11 .— 12 ELECTIONS ‘‘(A) P ROHIBITION .—It shall be unlawful 13 14 for any person, whether acting under color of law or otherwise, within 60 days before an elec- 15 tion described in subsection (e), by any means, 16 including by means of written, electronic, or tel- 17 18 ephonic communications, to communicate or cause to be communicated information de- 19 20 scribed in subparagraph (B), or produce infor- 21 mation described in subparagraph (B) with the 22 intent that such information be communicated, if such person— 23 ‘‘(i) knows such information to be ma- 24 25 terially false; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

103 G:\P\16\HR1\INTRO.XML 103 ‘‘(ii) has the intent to mislead voters, 1 2 or the intent to impede or prevent another person from exercising the right to vote in 3 4 an election described in subsection (e). ‘‘(B) I NFORMATION DESCRIBED .—Infor- 5 6 mation is described in this subparagraph if such 7 information is regarding— 8 ‘‘(i) the time or place of holding any election described in subsection (e); or 9 ‘‘(ii) the qualifications for or restric- 10 11 tions on voter eligibility for any such elec- tion, including— 12 ‘‘(I) any criminal penalties asso- 13 ciated with voting in any such elec- 14 tion; or 15 ‘‘(II) information regarding a 16 17 voter’s registration status or eligi- bility. 18 ‘‘(2) P .—Any person who violates para- 19 ENALTY 20 graph (1) shall be fined not more than $100,000, 21 imprisoned for not more than 5 years, or both. ‘‘(c) H NTERFERING W ITH , INDERING P RE - 22 , I OR V OTING OR R EGISTERING T O V OTE .— 23 VENTING ‘‘(1) P ROHIBITION .—It shall be unlawful for 24 any person, whether acting under color of law or 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

104 G:\P\16\HR1\INTRO.XML 104 otherwise, to corruptly hinder, interfere with, or pre- 1 2 vent another person from voting, registering to vote, or aiding another person to vote or register to vote 3 4 in an election described in subsection (e). ‘‘(2) P ENALTY .—Any person who violates para- 5 graph (1) shall be fined not more than $100,000, 6 7 imprisoned for not more than 5 years, or both. ‘‘(d) A 8 TTEMPT .—Any person who attempts to commit 9 any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed 10 for the offense that the person attempted to commit. 11 ‘‘(e) E D ESCRIBED .—An election described 12 LECTION 13 in this subsection is any general, primary, run-off, or spe- 14 cial election held solely or in part for the purpose of nomi- 15 nating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, 16 Member of the House of Representatives, or Delegate or 17 Commissioner from a Territory or possession.’’. 18 (2) M - 19 ODIFICATION OF PENALTY FOR VOTER IN .—Section 594(a) of title 18, United 20 TIMIDATION 21 States Code, as amended by paragraph (1), is 22 amended by striking ‘‘fined under this title or im- prisoned not more than one year’’ and inserting 23 ‘‘fined not more than $100,000, imprisoned for not 24 25 more than 5 years’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

105 G:\P\16\HR1\INTRO.XML 105 .— 1 ENTENCING GUIDELINES (3) S (A) R 2 .—Not later EVIEW AND AMENDMENT than 180 days after the date of enactment of 3 4 this Act, the United States Sentencing Commis- sion, pursuant to its authority under section 5 994 of title 28, United States Code, and in ac- 6 cordance with this section, shall review and, if 7 appropriate, amend the Federal sentencing 8 9 guidelines and policy statements applicable to persons convicted of any offense under section 10 11 594 of title 18, United States Code, as amend- ed by this section. 12 (B) A .—The United States 13 UTHORIZATION 14 Sentencing Commission may amend the Federal 15 Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sen- 16 tencing Act of 1987 (28 U.S.C. 994 note) as 17 though the authority under that section had not 18 expired. 19 (4) P AYMENTS FOR REFRAINING FROM VOT - 20 .—Subsection (c) of section 11 of the Voting 21 ING 22 Rights Act of 1965 (52 U.S.C. 10307) is amended 23 by striking ‘‘either for registration to vote or for vot- ing’’ and inserting ‘‘for registration to vote, for vot- 24 25 ing, or for not voting’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

106 G:\P\16\HR1\INTRO.XML 106 SEC. 1303. CORRECTIVE ACTION. 1 (a) C .— A 2 ORRECTIVE CTION (1) I N GENERAL .—If the Attorney General re- 3 4 ceives a credible report that materially false informa- 5 tion has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the 6 Revised Statutes (52 U.S.C. 10101(b)), as added by 7 section 1302(a), and if the Attorney General deter- 8 9 mines that State and local election officials have not taken adequate steps to promptly communicate accu- 10 rate information to correct the materially false infor- 11 mation, the Attorney General shall, pursuant to the 12 written procedures and standards under subsection 13 14 (b), communicate to the public, by any means, in- 15 cluding by means of written, electronic, or telephonic 16 communications, accurate information designed to correct the materially false information. 17 (2) C 18 OMMUNICATION OF CORRECTIVE INFORMA - 19 .—Any information communicated by the Attor- TION ney General under paragraph (1)— 20 21 (A) shall— 22 (i) be accurate and objective; 23 (ii) consist of only the information necessary to correct the materially false in- 24 formation that has been or is being com- 25 26 municated; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

107 G:\P\16\HR1\INTRO.XML 107 (iii) to the extent practicable, be by a 1 2 means that the Attorney General deter- mines will reach the persons to whom the 3 4 materially false information has been or is 5 being communicated; and 6 (B) shall not be designed to favor or dis- favor any particular candidate, organization, or 7 8 political party. (b) W ROCEDURES AND RITTEN TANDARDS FOR 9 P S T ORRECTIVE A CTION .— C AKING 10 (1) I N GENERAL .—Not later than 180 days 11 12 after the date of enactment of this Act, the Attorney 13 General shall publish written procedures and stand- 14 ards for determining when and how corrective action will be taken under this section. 15 (2) I NCLUSION OF APPROPRIATE DEADLINES .— 16 The procedures and standards under paragraph (1) 17 18 shall include appropriate deadlines, based in part on the number of days remaining before the upcoming 19 election. 20 (3) C .—In developing the proce- 21 ONSULTATION dures and standards under paragraph (1), the Attor- 22 ney General shall consult with the Election Assist- 23 24 ance Commission, State and local election officials, 25 civil rights organizations, voting rights groups, voter g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

108 G:\P\16\HR1\INTRO.XML 108 protection groups, and other interested community 1 2 organizations. (c) A PPROPRIATIONS 3 UTHORIZATION OF .—There A 4 are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this subtitle. 5 6 SEC. 1304. REPORTS TO CONGRESS. (a) I ENERAL .—Not later than 180 days after 7 N G 8 each general election for Federal office, the Attorney Gen- eral shall submit to Congress a report compiling all allega- 9 tions received by the Attorney General of deceptive prac- 10 11 tices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 12 13 added by section 1302(a), relating to the general election 14 for Federal office and any primary, run-off, or a special 15 election for Federal office held in the 2 years preceding the general election. 16 (b) C ONTENTS .— 17 (1) I .—Each report submitted 18 GENERAL N under subsection (a) shall include— 19 20 (A) a description of each allegation of a 21 deceptive practice described in subsection (a), 22 including the geographic location, racial and ethnic composition, and language minority- 23 group membership of the persons toward whom 24 25 the alleged deceptive practice was directed; g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

109 G:\P\16\HR1\INTRO.XML 109 (B) the status of the investigation of each 1 2 allegation described in subparagraph (A); (C) a description of each corrective action 3 4 taken by the Attorney General under section 4(a) in response to an allegation described in 5 6 subparagraph (A); (D) a description of each referral of an al- 7 legation described in subparagraph (A) to other 8 Federal, State, or local agencies; 9 (E) to the extent information is available, 10 11 a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes (52 12 13 U.S.C. 10101(c)(2)), as added by section 1302(b), in connection with an allegation de- 14 15 scribed in subparagraph (A); and 16 (F) a description of any criminal prosecu- 17 tion instituted under section 594 of title 18, United States Code, as amended by section 18 3(c), in connection with the receipt of an allega- 19 tion described in subparagraph (A) by the At- 20 21 torney General. (2) E .— 22 XCLUSION OF CERTAIN INFORMATION (A) I N GENERAL 23 .—The Attorney General shall not include in a report submitted under 24 25 subsection (a) any information protected from g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

110 G:\P\16\HR1\INTRO.XML 110 disclosure by rule 6(e) of the Federal Rules of 1 2 Criminal Procedure or any Federal criminal statute. 3 (B) E XCLUSION OF CERTAIN OTHER IN 4 - .—The Attorney General may deter- FORMATION 5 6 mine that the following information shall not be included in a report submitted under subsection 7 (a): 8 (i) Any information that is privileged. 9 10 (ii) Any information concerning an ongoing investigation. 11 (iii) Any information concerning a 12 criminal or civil proceeding conducted 13 under seal. 14 15 (iv) Any other nonpublic information 16 that the Attorney General determines the 17 disclosure of which could reasonably be ex- pected to infringe on the rights of any in- 18 dividual or adversely affect the integrity of 19 a pending or future criminal investigation. 20 (c) R M ADE P UBLIC .—On the date that the 21 EPORT 22 Attorney General submits the report under subsection (a), 23 the Attorney General shall also make the report publicly available through the Internet and other appropriate 24 25 means. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

111 G:\P\16\HR1\INTRO.XML 111 Subtitle E—Democracy Restoration 1 2 SEC. 1401. SHORT TITLE. This subtitle may be cited as the ‘‘Democracy Res- 3 4 toration Act of 2019’’. 5 SEC. 1402. RIGHTS OF CITIZENS. The right of an individual who is a citizen of the 6 7 United States to vote in any election for Federal office 8 shall not be denied or abridged because that individual has 9 been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution 10 11 or facility at the time of the election. SEC. 1403. ENFORCEMENT. 12 (a) A ENERAL .—The Attorney General 13 TTORNEY G 14 may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle. 15 (b) P R RIVATE CTION .— 16 IGHT OF A (1) I .—A person who is aggrieved N GENERAL 17 by a violation of this subtitle may provide written 18 notice of the violation to the chief election official of 19 the State involved. 20 (2) R .—Except as provided in paragraph 21 ELIEF (3), if the violation is not corrected within 90 days 22 after receipt of a notice under paragraph (1), or 23 24 within 20 days after receipt of the notice if the viola- 25 tion occurred within 120 days before the date of an g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

112 G:\P\16\HR1\INTRO.XML 112 election for Federal office, the aggrieved person 1 2 may, in a civil action, obtain declaratory or injunc- tive relief with respect to the violation. 3 (3) E XCEPTION 4 .—If the violation occurred 5 within 30 days before the date of an election for Federal office, the aggrieved person need not provide 6 7 notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain 8 declaratory or injunctive relief with respect to the 9 violation. 10 11 SEC. 1404. NOTIFICATION OF RESTORATION OF VOTING RIGHTS. 12 (a) S TATE .— 13 N OTIFICATION (1) N .—On the date determined 14 OTIFICATION 15 under paragraph (2), each State shall notify in writ- 16 ing any individual who has been convicted of a criminal offense under the law of that State that 17 such individual has the right to vote in an election 18 for Federal office pursuant to the Democracy Res- 19 20 toration Act of 2019 and may register to vote in any such election. 21 (2) D .— 22 ATE OF NOTIFICATION (A) F ELONY CONVICTION 23 .—In the case of such an individual who has been convicted of a 24 25 felony, the notification required under para- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

113 G:\P\16\HR1\INTRO.XML 113 graph (1) shall be given on the date on which 1 2 the individual— (i) is sentenced to serve only a term 3 4 of probation; or 5 (ii) is released from the custody of 6 that State (other than to the custody of another State or the Federal Government 7 8 to serve a term of imprisonment for a fel- ony conviction). 9 (B) M 10 ISDEMEANOR CONVICTION .—In the 11 case of such an individual who has been con- victed of a misdemeanor, the notification re- 12 quired under paragraph (1) shall be given on 13 the date on which such individual is sentenced 14 15 by a State court. (b) F EDERAL .— 16 N OTIFICATION (1) N .—Any individual who has 17 OTIFICATION 18 been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph 19 (2) that such individual has the right to vote in an 20 21 election for Federal office pursuant to the Democ- 22 racy Restoration Act of 2019 and may register to 23 vote in any such election. (2) D .— 24 ATE OF NOTIFICATION g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

114 G:\P\16\HR1\INTRO.XML 114 .—In the case of 1 ELONY CONVICTION (A) F such an individual who has been convicted of a 2 3 felony, the notification required under para- graph (1) shall be given— 4 5 (i) in the case of an individual who is sentenced to serve only a term of proba- 6 tion, by the Assistant Director for the Of- 7 fice of Probation and Pretrial Services of 8 the Administrative Office of the United 9 10 States Courts on the date on which the in- dividual is sentenced; or 11 12 (ii) in the case of any individual com- mitted to the custody of the Bureau of 13 14 Prisons, by the Director of the Bureau of 15 Prisons, during the period beginning on 16 the date that is 6 months before such indi- vidual is released and ending on the date 17 such individual is released from the cus- 18 tody of the Bureau of Prisons. 19 (B) M .—In the 20 ISDEMEANOR CONVICTION 21 case of such an individual who has been con- 22 victed of a misdemeanor, the notification re- 23 quired under paragraph (1) shall be given on the date on which such individual is sentenced 24 25 by a court established by an Act of Congress. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

115 G:\P\16\HR1\INTRO.XML 115 SEC. 1405. DEFINITIONS. 1 2 For purposes of this subtitle: (1) C 3 ORRECTIONAL INSTITUTION OR FACIL - .—The term ‘‘correctional institution or facility’’ ITY 4 means any prison, penitentiary, jail, or other institu- 5 6 tion or facility for the confinement of individuals convicted of criminal offenses, whether publicly or 7 privately operated, except that such term does not 8 include any residential community treatment center 9 10 (or similar public or private facility). (2) E LECTION .—The term ‘‘election’’ means— 11 (A) a general, special, primary, or runoff 12 election; 13 14 (B) a convention or caucus of a political 15 party held to nominate a candidate; 16 (C) a primary election held for the selec- tion of delegates to a national nominating con- 17 vention of a political party; or 18 (D) a primary election held for the expres- 19 20 sion of a preference for the nomination of per- sons for election to the office of President. 21 (3) F .—The term ‘‘Federal of- 22 EDERAL OFFICE 23 fice’’ means the office of President or Vice President 24 of the United States, or of Senator or Representa- tive in, or Delegate or Resident Commissioner to, 25 26 the Congress of the United States. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

116 G:\P\16\HR1\INTRO.XML 116 .—The term ‘‘probation’’ means 1 ROBATION (4) P probation, imposed by a Federal, State, or local 2 3 court, with or without a condition on the individual involved concerning— 4 5 (A) the individual’s freedom of movement; (B) the payment of damages by the indi- 6 vidual; 7 8 (C) periodic reporting by the individual to an officer of the court; or 9 (D) supervision of the individual by an of- 10 ficer of the court. 11 SEC. 1406. RELATION TO OTHER LAWS. 12 (a) S L AWS R ELATING TO V OTING R IGHTS .— 13 TATE 14 Nothing in this subtitle be construed to prohibit the States 15 from enacting any State law which affords the right to vote in any election for Federal office on terms less restric- 16 tive than those established by this subtitle. 17 (b) C ERTAIN A CTS .—The rights and rem- 18 F EDERAL 19 edies established by this subtitle are in addition to all 20 other rights and remedies provided by law, and neither 21 rights and remedies established by this Act shall super- sede, restrict, or limit the application of the Voting Rights 22 Act of 1965 (52 U.S.C. 10301 et seq.) or the National 23 24 Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

117 G:\P\16\HR1\INTRO.XML 117 SEC. 1407. FEDERAL PRISON FUNDS. 1 2 No State, unit of local government, or other person may receive or use, to construct or otherwise improve a 3 4 prison, jail, or other place of incarceration, any Federal 5 funds unless that person has in effect a program under 6 which each individual incarcerated in that person’s juris- diction who is a citizen of the United States is notified, 7 8 upon release from such incarceration, of that individual’s rights under section 1402. 9 10 SEC. 1408. EFFECTIVE DATE. This subtitle shall apply to citizens of the United 11 States voting in any election for Federal office held after 12 the date of the enactment of this Act. 13 Subtitle F—Promoting Accuracy, 14 Integrity, and Security Through 15 16 Voter-Verified Permanent Paper 17 Ballot 18 SEC. 1501. SHORT TITLE. This subtitle may be cited as the ‘‘Voter Confidence 19 and Increased Accessibility Act of 2019’’. 20 SEC. 1502. PAPER BALLOT AND MANUAL COUNTING RE- 21 22 QUIREMENTS. (a) I G ENERAL .—Section 301(a)(2) of the Help 23 N 24 America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 25 amended to read as follows: ‘‘(2) P .— 26 APER BALLOT REQUIREMENT g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

118 G:\P\16\HR1\INTRO.XML 118 - 1 VERIFIED PAPER BALLOTS OTER .— ‘‘(A) V ‘‘(i) P 2 .— APER BALLOT REQUIREMENT (I) The voting system shall require the use 3 of an individual, durable, voter-verified, 4 paper ballot of the voter’s vote that shall 5 be marked and made available for inspec- 6 7 tion and verification by the voter before the voter’s vote is cast and counted, and 8 which shall be counted by hand or read by 9 an optical character recognition device or 10 other counting device. For purposes of this 11 subclause, the term ‘individual, durable, 12 13 voter-verified, paper ballot’ means a paper 14 ballot marked by the voter by hand or a 15 paper ballot marked through the use of a nontabulating ballot marking device or sys- 16 tem, so long as the voter shall have the op- 17 tion to mark his or her ballot by hand. 18 19 ‘‘(II) The voting system shall provide the voter with an opportunity to correct 20 21 any error on the paper ballot before the 22 permanent voter-verified paper ballot is 23 preserved in accordance with clause (ii). ‘‘(III) The voting system shall not 24 25 preserve the voter-verified paper ballots in g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

119 G:\P\16\HR1\INTRO.XML 119 any manner that makes it possible, at any 1 2 time after the ballot has been cast, to asso- ciate a voter with the record of the voter’s 3 4 vote without the voter’s consent. ‘‘(ii) P RESERVATION OFFICIAL 5 AS 6 RECORD .—The individual, durable, voter- verified, paper ballot used in accordance 7 with clause (i) shall constitute the official 8 9 ballot and shall be preserved and used as the official ballot for purposes of any re- 10 count or audit conducted with respect to 11 any election for Federal office in which the 12 voting system is used. 13 ‘‘(iii) M - ANUAL COUNTING REQUIRE 14 15 MENTS FOR RECOUNTS AND AUDITS .—(I) 16 Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, 17 and shall be counted by hand in any re- 18 19 count or audit conducted with respect to any election for Federal office. 20 21 ‘‘(II) In the event of any inconsist- 22 encies or irregularities between any elec- 23 tronic vote tallies and the vote tallies de- termined by counting by hand the indi- 24 25 vidual, durable, voter-verified, paper ballots g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

120 G:\P\16\HR1\INTRO.XML 120 used pursuant to clause (i), and subject to 1 2 subparagraph (B), the individual, durable, voter-verified, paper ballots shall be the 3 4 true and correct record of the votes cast. ‘‘(iv) A PPLICATION - 5 TO ALL BAL LOTS .—The requirements of this subpara- 6 7 graph shall apply to all ballots cast in elec- tions for Federal office, including ballots 8 cast by absent uniformed services voters 9 and overseas voters under the Uniformed 10 and Overseas Citizens Absentee Voting Act 11 12 and other absentee voters. ‘‘(B) S 13 PECIAL RULE FOR TREATMENT OF DISPUTES WHEN PAPER BALLOTS HAVE BEEN 14 15 SHOWN TO BE COMPROMISED .— ‘‘(i) I .—In the event 16 N GENERAL that— 17 ‘‘(I) there is any inconsistency 18 between any electronic vote tallies and 19 20 the vote tallies determined by count- 21 ing by hand the individual, durable, 22 voter-verified, paper ballots used pur- suant to subparagraph (A)(i) with re- 23 spect to any election for Federal of- 24 25 fice; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

121 G:\P\16\HR1\INTRO.XML 121 ‘‘(II) it is demonstrated by clear 1 2 and convincing evidence (as deter- mined in accordance with the applica- 3 4 ble standards in the jurisdiction in- volved) in any recount, audit, or con- 5 6 test of the result of the election that the paper ballots have been com- 7 promised (by damage or mischief or 8 otherwise) and that a sufficient num- 9 ber of the ballots have been so com- 10 11 promised that the result of the elec- tion could be changed, 12 13 the determination of the appropriate rem- edy with respect to the election shall be 14 15 made in accordance with applicable State 16 law, except that the electronic tally shall 17 not be used as the exclusive basis for de- termining the official certified result. 18 ‘‘(ii) R ULE FOR CONSIDERATION OF 19 20 BALLOTS ASSOCIATED WITH EACH VOTING .—For purposes of clause (i), 21 MACHINE 22 only the paper ballots deemed com- promised, if any, shall be considered in the 23 calculation of whether or not the result of 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

122 G:\P\16\HR1\INTRO.XML 122 the election could be changed due to the 1 2 compromised paper ballots.’’. (b) C MENDMENT C LARIFYING PPLI - 3 A ONFORMING A LTERNATIVE L CABILITY OF A CCESSIBILITY .— 4 A ANGUAGE 5 Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is amended by inserting ‘‘(including the paper ballots re- 6 quired to be used under paragraph (2))’’ after ‘‘voting sys- 7 tem’’. 8 (c) O C ONFORMING A MENDMENTS .—Section 9 THER 10 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend- 11 ed— (1) in subparagraph (A)(i), by striking ‘‘count- 12 ed’’ and inserting ‘‘counted, in accordance with 13 paragraphs (2) and (3)’’; 14 (2) in subparagraph (A)(ii), by striking ‘‘count- 15 16 ed’’ and inserting ‘‘counted, in accordance with paragraphs (2) and (3)’’; 17 18 (3) in subparagraph (A)(iii), by striking ‘‘count- 19 ed’’ each place it appears and inserting ‘‘counted, in 20 accordance with paragraphs (2) and (3)’’; and (4) in subparagraph (B)(ii), by striking ‘‘count- 21 ed’’ and inserting ‘‘counted, in accordance with 22 23 paragraphs (2) and (3)’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

123 G:\P\16\HR1\INTRO.XML 123 SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR 1 2 INDIVIDUALS WITH DISABILITIES. (a) I ENERAL 3 N .—Section 301(a)(3)(B) of the Help G 4 America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows: 5 6 ‘‘(B)(i) ensure that individuals with dis- abilities and others are given an equivalent op- 7 8 portunity to vote, including with privacy and independence, in a manner that produces a 9 voter-verified paper ballot as for other voters; 10 ‘‘(ii) satisfy the requirement of subpara- 11 graph (A) through the use of at least one voting 12 system equipped for individuals with disabil- 13 14 ities, including nonvisual and enhanced visual 15 accessibility for the blind and visually impaired, 16 and nonmanual and enhanced manual accessi- bility for the mobility and dexterity impaired, at 17 each polling place; and 18 ‘‘(iii) meet the requirements of subpara- 19 20 graph (A) and paragraph (2)(A) by using a sys- tem that— 21 22 ‘‘(I) allows the voter to privately and 23 independently verify the permanent paper 24 ballot through the presentation, in acces- sible form, of the printed or marked vote 25 26 selections from the same printed or g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

124 G:\P\16\HR1\INTRO.XML 124 marked information that would be used for 1 2 any vote counting or auditing; and ‘‘(II) allows the voter to privately and 3 4 independently verify and cast the perma- 5 nent paper ballot without requiring the 6 voter to manually handle the paper bal- 7 lot.’’. (b) S EQUIREMENT OF S TUDY PECIFIC ESTING , 8 R , T D A CCESSIBLE P APER EVELOPMENT OF ALLOT 9 AND B V M ECHANISMS .— 10 ERIFICATION (1) S TUDY AND REPORTING .—Subtitle C of 11 12 title II of such Act (52 U.S.C. 21081 et seq.) is amended— 13 (A) by redesignating section 247 as section 14 248; and 15 (B) by inserting after section 246 the fol- 16 17 lowing new section: ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER 18 BALLOT VERIFICATION MECHANISMS. 19 ‘‘(a) S R EPORT .—The Director of the Na- 20 TUDY AND 21 tional Science Foundation shall make grants to not fewer 22 than 3 eligible entities to study, test, and develop acces- sible paper ballot voting, verification, and casting mecha- 23 nisms and devices and best practices to enhance the acces- 24 25 sibility of paper ballot voting and verification mechanisms g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

125 G:\P\16\HR1\INTRO.XML 125 for individuals with disabilities, for voters whose primary 1 2 language is not English, and for voters with difficulties in literacy, including best practices for the mechanisms 3 4 themselves and the processes through which the mecha- nisms are used. 5 ‘‘(b) E LIGIBILITY .—An entity is eligible to receive a 6 grant under this part if it submits to the Director (at such 7 time and in such form as the Director may require) an 8 application containing— 9 10 ‘‘(1) certifications that the entity shall specifi- cally investigate enhanced methods or devices, in- 11 12 cluding non-electronic devices, that will assist such individuals and voters in marking voter-verified 13 14 paper ballots and presenting or transmitting the in- 15 formation printed or marked on such ballots back to 16 such individuals and voters, and casting such ballots; ‘‘(2) a certification that the entity shall com- 17 plete the activities carried out with the grant not 18 later than December 31, 2020; and 19 20 ‘‘(3) such other information and certifications as the Director may require. 21 ‘‘(c) A T ECHNOLOGY .—Any tech- 22 VAILABILITY OF 23 nology developed with the grants made under this section shall be treated as non-proprietary and shall be made 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

126 G:\P\16\HR1\INTRO.XML 126 available to the public, including to manufacturers of vot- 1 2 ing systems. ‘‘(d) C ITH RANTS FOR T ECH - 3 OORDINATION G W .—The Director shall carry out 4 MPROVEMENTS NOLOGY I this section so that the activities carried out with the 5 grants made under subsection (a) are coordinated with the 6 research conducted under the grant program carried out 7 by the Commission under section 271, to the extent that 8 9 the Director and Commission determine necessary to pro- vide for the advancement of accessible voting technology. 10 ‘‘(e) A PPROPRIATIONS .—There UTHORIZATION OF A 11 12 is authorized to be appropriated to carry out subsection (a) $5,000,000, to remain available until expended.’’. 13 (2) C .—The table of con- 14 LERICAL AMENDMENT 15 tents of such Act is amended— 16 (A) by redesignating the item relating to section 247 as relating to section 248; and 17 (B) by inserting after the item relating to 18 section 246 the following new item: 19 ‘‘Sec. 247. Study and report on accessible paper ballot verification mecha- nisms.’’. A CCESSIBILITY S TANDARDS 20 (c) C LARIFICATION OF U V OLUNTARY V OTING S YSTEM G UIDANCE .—In 21 NDER 22 adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the ac- 23 cessibility of the paper ballot verification requirements for 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

127 G:\P\16\HR1\INTRO.XML 127 individuals with disabilities, the Election Assistance Com- 1 2 mission shall include and apply the same accessibility standards applicable under the voluntary guidance adopt- 3 4 ed for accessible voting systems under such subtitle. (d) P F UNDS FOR ERMITTING ROTECTION 5 U SE OF P DVOCACY S YSTEMS TO S UPPORT AND CTIONS TO E N - 6 A A E - RELATED D ISABILITY A CCESS LECTION 7 FORCE .—Sec- 8 tion 292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 9 10 and all that follows and inserting a period. 11 SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS 12 FOR BALLOTS. Section 301(a) of the Help America Vote Act of 2002 13 (52 U.S.C. 21081(a)) is amended by adding at the end 14 the following new paragraph: 15 ‘‘(7) D 16 URABILITY AND READABILITY REQUIRE - 17 .— MENTS FOR BALLOTS ‘‘(A) D URABILITY REQUIREMENTS FOR 18 .— 19 PAPER BALLOTS ‘‘(i) I N GENERAL .—All voter-verified 20 21 paper ballots required to be used under this Act shall be marked or printed on du- 22 rable paper. 23 ‘‘(ii) D .—For purposes of 24 EFINITION 25 this Act, paper is ‘durable’ if it is capable g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

128 G:\P\16\HR1\INTRO.XML 128 of withstanding multiple counts and re- 1 2 counts by hand without compromising the fundamental integrity of the ballots, and 3 4 capable of retaining the information 5 marked or printed on them for the full du- 6 ration of a retention and preservation pe- 7 riod of 22 months. ‘‘(B) R 8 EADABILITY REQUIREMENTS FOR 9 PAPER BALLOTS MARKED BY BALLOT MARKING 10 DEVICE .—All voter-verified paper ballots com- 11 pleted by the voter through the use of a ballot marking device shall be clearly readable by the 12 13 voter without assistance (other than eyeglasses or other personal vision enhancing devices) and 14 15 by an optical character recognition device or 16 other device equipped for individuals with dis- 17 abilities.’’. SEC. 1505. EFFECTIVE DATE FOR NEW REQUIREMENTS. 18 Section 301(d) of the Help America Vote Act of 2002 19 (52 U.S.C. 21081(d)) is amended to read as follows: 20 ‘‘(d) E ATE .— 21 D FFECTIVE ‘‘(1) I .—Except as provided in para- 22 N GENERAL graph (2), each State and jurisdiction shall be re- 23 quired to comply with the requirements of this sec- 24 25 tion on and after January 1, 2006. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

129 G:\P\16\HR1\INTRO.XML 129 - 1 PECIAL RULE FOR CERTAIN REQUIRE ‘‘(2) S MENTS .— 2 ‘‘(A) I .—Except as provided in 3 N GENERAL 4 subparagraphs (B) and (C), the requirements of 5 this section which are first imposed on a State 6 and jurisdiction pursuant to the amendments made by the Voter Confidence and Increased 7 Accessibility Act of 2019 shall apply with re- 8 spect to voting systems used for any election for 9 10 Federal office held in 2022 or any succeeding year. 11 ‘‘(B) D ELAY FOR JURISDICTIONS USING 12 13 CERTAIN PAPER RECORD PRINTERS OR CERTAIN USING OR PRODUCING VOTER - 14 SYSTEMS .— VERIFIABLE PAPER RECORDS IN 2020 15 ‘‘(i) D .—In the case of a juris- 16 ELAY diction described in clause (ii), subpara- 17 graph (A) shall apply to a voting system in 18 19 the jurisdiction as if the reference in such subparagraph to ‘2022’ were a reference to 20 21 ‘2024’, but only with respect to the fol- 22 lowing requirements of this section: 23 ‘‘(I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of 24 25 voter-marked paper ballots). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

130 G:\P\16\HR1\INTRO.XML 130 ‘‘(II) Paragraph (3)(B)(ii)(I) and 1 2 (II) of subsection (a) (relating to ac- cess to verification from and casting 3 4 of the durable paper ballot). 5 ‘‘(III) Paragraph (7) of sub- 6 section (a) (relating to durability and 7 readability requirements for ballots). ‘‘(ii) J 8 URISDICTIONS DESCRIBED .—A 9 jurisdiction described in this clause is a ju- risdiction— 10 ‘‘(I) which used voter verifiable 11 12 paper record printers attached to di- rect recording electronic voting ma- 13 14 chines, or which used other voting 15 systems that used or produced paper 16 records of the vote verifiable by voters but that are not in compliance with 17 paragraphs (2)(A)(i)(I), (3)(B)(iii)(I) 18 and (II), and (7) of subsection (a) (as 19 20 amended or added by the Voter Con- fidence and Increased Accessibility 21 22 Act of 2019), for the administration 23 of the regularly scheduled general election for Federal office held in No- 24 vember 2020; and 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

131 G:\P\16\HR1\INTRO.XML 131 ‘‘(II) which will continue to use 1 2 such printers or systems for the ad- ministration of elections for Federal 3 4 office held in years before 2022. ‘‘(iii) M 5 ANDATORY AVAILABILITY OF AT POLLING PLACES PAPER BALLOTS 6 USING GRANDFATHERED PRINTERS AND 7 8 .— SYSTEMS ‘‘(I) R EQUIRING BALLOTS TO BE 9 OFFERED AND PROVIDED .—The ap- 10 11 propriate election official at each poll- 12 ing place that uses a printer or sys- 13 tem described in clause (ii)(I) for the administration of elections for Federal 14 office shall offer each individual who 15 is eligible to cast a vote in the election 16 at the polling place the opportunity to 17 18 cast the vote using a blank pre-print- ed paper ballot which the individual 19 20 may mark by hand and which is not 21 produced by the direct recording elec- 22 tronic voting machine or other such system. The official shall provide the 23 individual with the ballot and the sup- 24 25 plies necessary to mark the ballot, and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

132 G:\P\16\HR1\INTRO.XML 132 shall ensure (to the greatest extent 1 2 practicable) that the waiting period for the individual to cast a vote is the 3 4 lesser of 30 minutes or the average 5 waiting period for an individual who 6 does not agree to cast the vote using 7 such a paper ballot under this clause. ‘‘(II) T REATMENT OF BALLOT .— 8 9 Any paper ballot which is cast by an individual under this clause shall be 10 counted and otherwise treated as a 11 regular ballot for all purposes (includ- 12 ing by incorporating it into the final 13 unofficial vote count (as defined by 14 15 the State) for the precinct) and not as 16 a provisional ballot, unless the indi- 17 vidual casting the ballot would have otherwise been required to cast a pro- 18 visional ballot. 19 ‘‘(III) P NOTICE .— 20 OSTING OF 21 The appropriate election official shall 22 ensure there is prominently displayed 23 at each polling place a notice that de- scribes the obligation of the official to 24 25 offer individuals the opportunity to g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

133 G:\P\16\HR1\INTRO.XML 133 cast votes using a pre-printed blank 1 2 paper ballot. ‘‘(IV) T 3 RAINING OF ELECTION .—The chief State election 4 OFFICIALS 5 official shall ensure that election offi- 6 cials at polling places in the State are 7 aware of the requirements of this clause, including the requirement to 8 9 display a notice under subclause (III), and are aware that it is a violation of 10 the requirements of this title for an 11 election official to fail to offer an indi- 12 vidual the opportunity to cast a vote 13 14 using a blank pre-printed paper ballot. ‘‘(V) P OF APPLICA - 15 ERIOD .—The requirements of this BILITY 16 clause apply only during the period in 17 which the delay is in effect under 18 clause (i). 19 ‘‘(C) S PECIAL RULE FOR JURISDICTIONS 20 CERTAIN NONTABULATING BALLOT 21 USING .—In the case of a jurisdic- 22 MARKING DEVICES tion which uses a nontabulating ballot marking 23 device which automatically deposits the ballot 24 25 into a privacy sleeve, subparagraph (A) shall g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

134 G:\P\16\HR1\INTRO.XML 134 apply to a voting system in the jurisdiction as 1 2 if the reference in such subparagraph to ‘any election for Federal office held in 2022 or any 3 4 succeeding year’ were a reference to ‘elections 5 for Federal office occurring held in 2024 or each succeeding year’, but only with respect to 6 7 paragraph (3)(B)(iii)(II) of subsection (a) (re- 8 lating to nonmanual casting of the durable 9 paper ballot).’’. Subtitle G—Provisional Ballots 10 11 SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF UNIFORM AND 12 NONDISCRIMINATORY STANDARDS. 13 (a) I ENERAL N 14 G .—Section 302 of the Help America 15 Vote Act of 2002 (52 U.S.C. 21082) is amended— 16 (1) by redesignating subsection (d) as sub- 17 section (f); and 18 (2) by inserting after subsection (c) the fol- lowing new subsections: 19 ‘‘(d) S OUNTING OF P TATEWIDE B AL - 20 C ROVISIONAL .— 21 LOTS ‘‘(1) I N GENERAL 22 .—For purposes of subsection (a)(4), notwithstanding the precinct or polling place 23 at which a provisional ballot is cast within the State, 24 25 the appropriate election official shall count each vote g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

135 G:\P\16\HR1\INTRO.XML 135 on such ballot for each election in which the indi- 1 2 vidual who cast such ballot is eligible to vote. ‘‘(2) E 3 .—This subsection shall FFECTIVE DATE apply with respect to elections held on or after Janu- 4 ary 1, 2020. 5 ‘‘(e) U ONDISCRIMINATORY S TAND - NIFORM AND N 6 .— ARDS 7 ‘‘(1) I .—Consistent with the re- N GENERAL 8 quirements of this section, each State shall establish 9 uniform and nondiscriminatory standards for the 10 11 issuance, handling, and counting of provisional bal- lots. 12 ‘‘(2) E .—This subsection shall FFECTIVE DATE 13 apply with respect to elections held on or after Janu- 14 ary 1, 2020.’’. 15 (b) C MENDMENT .—Section 302(f) of ONFORMING A 16 17 such Act (52 U.S.C. 21082(f)), as redesignated by sub- section (a), is amended by striking ‘‘Each State’’ and in- 18 19 serting ‘‘Except as provided in subsections (d)(2) and 20 (e)(2), each State’’. 21 Subtitle H—Early Voting SEC. 1611. EARLY VOTING. 22 (a) R .—Subtitle A of title III of the 23 EQUIREMENTS 24 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

136 G:\P\16\HR1\INTRO.XML 136 as amended by section 1031(a) and section 1101(a), is 1 2 amended— (1) by redesignating sections 306 and 307 as 3 4 sections 307 and 308; and 5 (2) by inserting after section 305 the following 6 new section: 7 ‘‘SEC. 306. EARLY VOTING. ‘‘(a) R OTING P RIOR TO EQUIRING ATE OF E LEC - 8 V D .— TION 9 ‘‘(1) I .—Each State shall allow indi- 10 N GENERAL 11 viduals to vote in an election for Federal office dur- ing an early voting period which occurs prior to the 12 13 date of the election, in the same manner as voting 14 is allowed on such date. ‘‘(2) L .—The early voting ENGTH OF PERIOD 15 period required under this subsection with respect to 16 an election shall consist of a period of consecutive 17 days (including weekends) which begins on the 15th 18 day before the date of the election (or, at the option 19 20 of the State, on a day prior to the 15th day before the date of the election) and ends on the date of the 21 election. 22 ‘‘(b) M E V OTING R EQUIREMENTS .— 23 ARLY INIMUM 24 Each polling place which allows voting during an early vot- 25 ing period under subsection (a) shall— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

137 G:\P\16\HR1\INTRO.XML 137 ‘‘(1) allow such voting for no less than 4 hours 1 2 on each day, except that the polling place may allow such voting for fewer than 4 hours on Sundays; and 3 4 ‘‘(2) have uniform hours each day for which 5 such voting occurs. ‘‘(c) L OLLING P LACES N EAR P OCATION OF 6 P UBLIC T 7 RANSPORTATION .—To the greatest extent practicable, a 8 State shall ensure that each polling place which allows vot- ing during an early voting period under subsection (a) is 9 10 located within walking distance of a stop on a public trans- portation route. 11 ‘‘(d) S .— 12 TANDARDS ‘‘(1) I N GENERAL .—The Commission shall issue 13 14 standards for the administration of voting prior to the day scheduled for a Federal election. Such 15 standards shall include the nondiscriminatory geo- 16 graphic placement of polling places at which such 17 voting occurs. 18 ‘‘(2) D .—The standards described in 19 EVIATION 20 paragraph (1) shall permit States, upon providing 21 adequate public notice, to deviate from any require- ment in the case of unforeseen circumstances such 22 as a natural disaster, terrorist attack, or a change 23 24 in voter turnout. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

138 G:\P\16\HR1\INTRO.XML 138 D 1 ATE FFECTIVE .—This section shall apply ‘‘(e) E with respect to elections held on or after January 1, 2 3 2020.’’. (b) C R ELATING ONFORMING 4 A MENDMENT TO I SSUANCE OF G UIDANCE BY E LECTION A S - 5 V OLUNTARY C OMMISSION .—Section 311(b) of such Act (52 6 SISTANCE U.S.C. 21101(b)), as amended by section 1101(b), is 7 amended— 8 9 (1) by striking ‘‘and’’ at the end of paragraph 10 (3); 11 (2) by striking the period at the end of para- graph (4) and inserting ‘‘; and’’; and 12 (3) by adding at the end the following new 13 paragraph: 14 ‘‘(5) in the case of the recommendations with 15 respect to section 306, June 30, 2020.’’. 16 (c) C LERICAL A MENDMENT .—The table of contents 17 18 of such Act, as amended by section 1031(c) and section 19 1101(d), is amended— 20 (1) by redesignating the items relating to sec- tions 306 and 307 as relating to sections 307 and 21 308; and 22 23 (2) by inserting after the item relating to sec- 24 tion 305 the following new item: ‘‘Sec. 306. Early voting.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00138 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

139 G:\P\16\HR1\INTRO.XML 139 Subtitle I—Voting by Mail 1 2 SEC. 1621. VOTING BY MAIL. (a) R 3 EQUIREMENTS .—Subtitle A of title III of the 4 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 5 as amended by section 1031(a), section 1101(a), and sec- tion 1611(a), is amended— 6 7 (1) by redesignating sections 307 and 308 as sections 308 and 309; and 8 (2) by inserting after section 306 the following 9 new section: 10 11 ‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. 12 ‘‘(a) I G ENERAL .—If an individual in a State is eli- 13 N 14 gible to cast a vote in an election for Federal office, the 15 State may not impose any additional conditions or require- 16 ments on the eligibility of the individual to cast the vote in such election by absentee ballot by mail, except as re- 17 quired under subsection (b) and except to the extent that 18 the State imposes a deadline for requesting the ballot and 19 related voting materials from the appropriate State or 20 21 local election official and for returning the ballot to the appropriate State or local election official. 22 ‘‘(b) R S IGNATURE V ERIFICATION .—A 23 EQUIRING 24 State may not accept and process an absentee ballot sub- mitted by any individual with respect to an election for 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

140 G:\P\16\HR1\INTRO.XML 140 Federal office unless the State verifies the identification 1 2 of the individual by comparing the individual’s signature on the absentee ballot with the individual’s signature on 3 4 the official list of registered voters in the State, in accord- 5 ance with such procedures as the State may adopt. ‘‘(c) D ROVIDING B ALLOTING M ATE - EADLINE FOR P 6 .—If an individual requests to vote by absentee bal- RIALS 7 8 lot in an election for Federal office, the appropriate State or local election official shall ensure that the ballot and 9 relating voting materials are transmitted to the indi- 10 vidual— 11 12 ‘‘(1) not later than 2 weeks before the date of the election; or 13 14 ‘‘(2) in the case of a State which imposes a 15 deadline for requesting an absentee ballot and re- 16 lated voting materials which is less than 2 weeks be- fore the date of the election, as expeditiously as pos- 17 sible. 18 ‘‘(d) A NDIVIDUALS CCESSIBILITY FOR ITH D IS - 19 I W .—Consistent with section 305, the State shall 20 ABILITIES 21 ensure that all absentee ballots and related voting mate- 22 rials in elections for Federal office are accessible to indi- viduals with disabilities in a manner that provides the 23 same opportunity for access and participation (including 24 25 with privacy and independence) as for other voters. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

141 G:\P\16\HR1\INTRO.XML 141 D CCEPTANCE OF 1 EADLINE FOR NIFORM A ‘‘(e) U M ALLOTS 2 B AILED .—If a ballot submitted by an individual by mail with respect to an election for Federal office in 3 4 a State is postmarked on or before the date of the election, 5 the State may not refuse to accept or process the ballot 6 on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local 7 election official. 8 ‘‘(f) N FFECT ON O ALLOTS S UBMITTED BY A B - 9 E B 10 ILITARY AND VERSEAS V OTERS .—Nothing in M SENT O 11 this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to 12 13 vote by absentee ballot under the Uniformed and Overseas 14 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). ‘‘(g) E D 15 ATE FFECTIVE .—This section shall apply 16 with respect to elections held on or after January 1, 17 2020.’’. (b) C MENDMENT R ELATING TO 18 ONFORMING A I V OLUNTARY G UIDANCE BY E LECTION A S - 19 SSUANCE OF C .—Section 311(b) of such Act (52 20 OMMISSION SISTANCE U.S.C. 21101(b)), as amended by section 1101(b) and sec- 21 tion 1611(b), is amended— 22 23 (1) by striking ‘‘and’’ at the end of paragraph 24 (4); g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

142 G:\P\16\HR1\INTRO.XML 142 (2) by striking the period at the end of para- 1 2 graph (5) and inserting ‘‘; and’’; and (3) by adding at the end the following new 3 4 paragraph: 5 ‘‘(6) in the case of the recommendations with respect to section 307, June 30, 2020.’’. 6 (c) C .—The table of contents 7 MENDMENT LERICAL A of such Act, as amended by section 1031(c), section 8 9 1101(d), and section 1611(c), is amended— (1) by redesignating the items relating to sec- 10 tions 307 and 308 as relating to sections 308 and 11 309; and 12 (2) by inserting after the item relating to sec- 13 14 tion 306 the following new item: ‘‘Sec. 307. Promoting ability of voters to vote by mail.’’. Subtitle J—Absent Uniformed 15 16 Services Voters and Overseas 17 Voters 18 SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF ABSENTEE BALLOTS. 19 Section 102(c) of the Uniformed and Overseas Citi- 20 zens Absentee Voting Act (52 U.S.C. 20302(c)) is amend- 21 22 ed to read as follows: ‘‘(c) R A VAILABILITY , T RANSMISSION , 23 EPORTS ON .— R A BSENTEE B ALLOTS ECEIPT OF 24 AND g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

143 G:\P\16\HR1\INTRO.XML 143 - 1 ELECTION REPORT ON ABSENTEE RE ‘‘(1) P 2 .—Not later than 55 days be- BALLOT AVAILABILITY fore any regularly scheduled general election for 3 Federal office, each State shall submit a report to 4 the Attorney General, the Election Assistance Com- 5 mission (hereafter in this subsection referred to as 6 the ‘Commission’), and the Presidential Designee, 7 and make that report publicly available that same 8 9 day, certifying that absentee ballots for the election are or will be available for transmission to absent 10 uniformed services voters and overseas voters by not 11 later than 45 days before the election. The report 12 shall be in a form prescribed jointly by the Attorney 13 14 General and the Commission and shall require the 15 State to certify specific information about ballot 16 availability from each unit of local government which will administer the election. 17 ‘‘(2) P ELECTION REPORT ON ABSENTEE RE 18 - .—Not later than 43 days be- 19 BALLOT TRANSMISSION 20 fore any regularly scheduled general election for 21 Federal office, each State shall submit a report to 22 the Attorney General, the Commission, and the Presidential Designee, and make that report publicly 23 available that same day, certifying whether all ab- 24 25 sentee ballots have been transmitted by not later g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

144 G:\P\16\HR1\INTRO.XML 144 than 45 days before the election to all qualified ab- 1 2 sent uniformed services and overseas voters whose requests were received at least 45 days before the 3 4 election. The report shall be in a form prescribed jointly by the Attorney General and the Commission, 5 6 and shall require the State to certify specific infor- mation about ballot transmission, including the total 7 numbers of ballot requests received and ballots 8 9 transmitted, from each unit of local government which will administer the election. 10 ‘‘(3) P OST ELECTION REPORT ON NUMBER OF 11 - BALLOTS TRANSMITTED AND RE - 12 ABSENTEE .—Not later than 90 days after the date of CEIVED 13 each regularly scheduled general election for Federal 14 office, each State and unit of local government 15 which administered the election shall (through the 16 State, in the case of a unit of local government) sub- 17 18 mit a report to the Attorney General, the Commis- sion, and the Presidential Designee on the combined 19 20 number of absentee ballots transmitted to absent 21 uniformed services voters and overseas voters for the 22 election and the combined number of such ballots which were returned by such voters and cast in the 23 election, and shall make such report available to the 24 25 general public that same day.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

145 G:\P\16\HR1\INTRO.XML 145 SEC. 1702. ENFORCEMENT. 1 (a) A P P RI - 2 C ENALTIES AND IVIL VAILABILITY OF A CTION .—Section 105 of the Uniformed 3 R VATE IGHTS OF and Overseas Citizens Absentee Voting Act (52 U.S.C. 4 20307) is amended to read as follows: 5 ‘‘SEC. 105. ENFORCEMENT. 6 ‘‘(a) A A G ENERAL .— CTION BY 7 TTORNEY ‘‘(1) I .—The Attorney General may 8 N GENERAL bring civil action in an appropriate district court for 9 10 such declaratory or injunctive relief as may be nec- 11 essary to carry out this title. ‘‘(2) P .—In a civil action brought under ENALTY 12 paragraph (1), if the court finds that the State vio- 13 lated any provision of this title, it may, to vindicate 14 the public interest, assess a civil penalty against the 15 State— 16 17 ‘‘(A) in an amount not to exceed $110,000 for each such violation, in the case of a first 18 violation; or 19 20 ‘‘(B) in an amount not to exceed $220,000 21 for each such violation, for any subsequent vio- 22 lation. ‘‘(3) R EPORT TO CONGRESS .—Not later than 23 24 December 31 of each year, the Attorney General 25 shall submit to Congress an annual report on any g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

146 G:\P\16\HR1\INTRO.XML 146 civil action brought under paragraph (1) during the 1 2 preceding year. ‘‘(b) P IGHT OF CTION .—A person who is 3 RIVATE A R 4 aggrieved by a State’s violation of this title may bring a civil action in an appropriate district court for such declar- 5 6 atory or injunctive relief as may be necessary to carry out this title. 7 ‘‘(c) S NLY TATE AS ECESSARY D EFENDANT .—In 8 O N any action brought under this section, the only necessary 9 party defendant is the State, and it shall not be a defense 10 to any such action that a local election official or a unit 11 of local government is not named as a defendant, notwith- 12 13 standing that a State has exercised the authority described 14 in section 576 of the Military and Overseas Voter Em- 15 powerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of 16 an action brought under this section.’’. 17 (b) E ATE FFECTIVE 18 D .—The amendments made by 19 this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment 20 21 of this Act. 22 SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT 23 TRANSMISSION RULE. (a) R W AIVER A UTHORITY .— 24 EPEAL OF g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

147 G:\P\16\HR1\INTRO.XML 147 .—Section 102 of the Uni- 1 N GENERAL (1) I formed and Overseas Citizens Absentee Voting Act 2 3 (52 U.S.C. 20302) is amended by striking sub- 4 section (g). (2) C 5 ONFORMING AMENDMENT .—Section 102(a)(8)(A) of such Act (52 U.S.C. 6 7 20302(a)(8)(A)) is amended by striking ‘‘except as provided in subsection (g),’’. 8 (b) R SE OF E EQUIRING D ELIVERY IN C ASE 9 U XPRESS F M EET R EQUIREMENT .—Section 102 of 10 AILURE TO OF 11 such Act (52 U.S.C. 20302), as amended by subsection (a), is amended by inserting after subsection (f) the fol- 12 lowing new subsection: 13 ‘‘(g) R U SE OF E XPRESS D ELIVERY IN 14 EQUIRING C ASE OF T O T RANSMIT B ALLOTS W ITHIN AILURE F 15 D EADLINES .— 16 ‘‘(1) T RANSMISSION OF BALLOT BY EXPRESS 17 .—If a State fails to meet the requirement 18 DELIVERY 19 of subsection (a)(8)(A) to transmit a validly re- 20 quested absentee ballot to an absent uniformed serv- ices voter or overseas voter not later than 45 days 21 before the election (in the case in which the request 22 is received at least 45 days before the election)— 23 24 ‘‘(A) the State shall transmit the ballot to 25 the voter by express delivery; or g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

148 G:\P\16\HR1\INTRO.XML 148 ‘‘(B) in the case of a voter who has des- 1 2 ignated that absentee ballots be transmitted electronically in accordance with subsection 3 4 (f)(1), the State shall transmit the ballot to the 5 voter electronically. ‘‘(2) S PECIAL RULE FOR TRANSMISSION FEWER 6 7 .—If, in car- THAN 40 DAYS BEFORE THE ELECTION rying out paragraph (1), a State transmits an ab- 8 9 sentee ballot to an absent uniformed services voter or overseas voter fewer than 40 days before the elec- 10 tion, the State shall enable the ballot to be returned 11 by the voter by express delivery, except that in the 12 case of an absentee ballot of an absent uniformed 13 14 services voter for a regularly scheduled general elec- tion for Federal office, the State may satisfy the re- 15 16 quirement of this paragraph by notifying the voter 17 of the procedures for the collection and delivery of 18 such ballots under section 103A.’’. (c) C T REATMENT OF LARIFICATION EEK - 19 OF W .—Section 102(a)(8)(A) of such Act (52 U.S.C. 20 ENDS 21 20302(a)(8)(A)) is amended by striking ‘‘the election;’’ 22 and inserting the following: ‘‘the election (or, if the 45th day preceding the election is a weekend or legal public hol- 23 iday, not later than the most recent weekday which pre- 24 25 cedes such 45th day and which is not a legal public holi- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

149 G:\P\16\HR1\INTRO.XML 149 day, but only if the request is received by at least such 1 2 most recent weekday);’’. SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICA- 3 4 TION FOR SUBSEQUENT ELECTIONS. (a) I .—Section 104 of the Uniformed and 5 N G ENERAL 6 Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) 7 is amended to read as follows: ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT 8 9 ELECTIONS. ‘‘(a) I G .—If a State accepts and processes 10 ENERAL N an official post card form (prescribed under section 101) 11 12 submitted by an absent uniformed services voter or over- seas voter for simultaneous voter registration and absen- 13 14 tee ballot application (in accordance with section 15 102(a)(4)) and the voter requests that the application be 16 considered an application for an absentee ballot for each subsequent election for Federal office held in the State 17 through the next regularly scheduled general election for 18 Federal office (including any runoff elections which may 19 occur as a result of the outcome of such general election), 20 21 the State shall provide an absentee ballot to the voter for each such subsequent election. 22 ‘‘(b) E V OTERS C HANGING R EGISTRA - 23 XCEPTION FOR .—Subsection (a) shall not apply with respect to a 24 TION voter registered to vote in a State for any election held 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

150 G:\P\16\HR1\INTRO.XML 150 after the voter notifies the State that the voter no longer 1 2 wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in 3 4 another State or is otherwise no longer eligible to vote in 5 the State. ‘‘(c) P EFUSAL OF A PPLICATION ON 6 ROHIBITION OF R G E S UBMISSION .—A State may not 7 ROUNDS OF ARLY refuse to accept or to process, with respect to any election 8 for Federal office, any otherwise valid voter registration 9 application or absentee ballot application (including the 10 11 postcard form prescribed under section 101) submitted by 12 an absent uniformed services voter or overseas voter on 13 the grounds that the voter submitted the application be- fore the first date on which the State otherwise accepts 14 or processes such applications for that election which are 15 submitted by absentee voters who are not members of the 16 17 uniformed services or overseas citizens.’’. (b) E D ATE .—The amendment made by 18 FFECTIVE 19 subsection (a) shall apply with respect to voter registration 20 and absentee ballot applications which are submitted to a State or local election official on or after the date of 21 22 the enactment of this Act. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

151 G:\P\16\HR1\INTRO.XML 151 SEC. 1705. EFFECTIVE DATE. 1 2 The amendments made by this subtitle shall apply with respect to elections occurring on or after January 1, 3 4 2020. 5 Subtitle K—Poll Worker 6 Recruitment and Training SEC. 1801. LEAVE TO SERVE AS A POLL WORKER FOR FED- 7 8 ERAL EMPLOYEES. (a) I ENERAL N 9 G .—Subchapter II of chapter 63 of 10 title 5, United States Code, is amended by inserting after section 6329c the following: 11 12 ‘‘§ 6329d. Absence in connection with serving as a poll worker 13 ‘‘(a) I G ENERAL .—An employee in or under an Ex- 14 N 15 ecutive agency is entitled to leave, without loss of or reduc- 16 tion in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, not 17 to exceed 6 days in a leave year, in order— 18 ‘‘(1) to provide election administration assist- 19 20 ance to a State or unit of local government at a poll- ing place on the date of any election for public of- 21 22 fice; or 23 ‘‘(2) to receive any training without which such employee would be ineligible to provide such assist- 24 ance. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

152 G:\P\16\HR1\INTRO.XML 152 .—The Director of the Office of 1 EGULATIONS ‘‘(b) R Personnel Management may prescribe regulations for the 2 3 administration of this section, including regulations set- 4 ting forth the terms and conditions of the election admin- 5 istration assistance an employee may provide for purposes 6 of subsection (a).’’. (b) C MENDMENT LERICAL 7 A .—The table of sections 8 for chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6329c the 9 following: 10 ‘‘6329d. Absence in connection with serving as a poll worker.’’. 11 SEC. 1802. GRANTS TO STATES FOR POLL WORKER RE- CRUITMENT AND TRAINING. 12 (a) G E LECTION A SSISTANCE C OMMIS - 13 RANTS BY .— SION 14 (1) I GENERAL 15 .—The Election Assistance N Commission (hereafter referred to as the ‘‘Commis- 16 sion’’) shall make a grant to each eligible State for 17 18 recruiting and training individuals to serve as poll workers on dates of elections for public office. 19 (2) U .—In car- 20 SE OF COMMISSION MATERIALS 21 rying out activities with a grant provided under this 22 section, the recipient of the grant shall use the man- ual prepared by the Commission on successful prac- 23 tices for poll worker recruiting, training and reten- 24 25 tion as an interactive training tool, and shall develop g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

153 G:\P\16\HR1\INTRO.XML 153 training programs with the participation and input 1 2 of experts in adult learning. (b) R LIGIBILITY 3 .— EQUIREMENTS FOR E (1) A .—Each State that desires to PPLICATION 4 5 receive a payment under this section shall submit an application for the payment to the Commission at 6 7 such time and in such manner and containing such information as the Commission shall require. 8 (2) C ONTENTS OF APPLICATION .—Each appli- 9 cation submitted under paragraph (1) shall— 10 (A) describe the activities for which assist- 11 12 ance under this section is sought; 13 (B) provide assurances that the funds pro- 14 vided under this section will be used to supple- ment and not supplant other funds used to 15 carry out the activities; 16 (C) provide assurances that the State will 17 furnish the Commission with information on the 18 19 number of individuals who served as poll work- ers after recruitment and training with the 20 21 funds provided under this section; and 22 (D) provide such additional information 23 and certifications as the Commission deter- mines to be essential to ensure compliance with 24 25 the requirements of this section. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

154 G:\P\16\HR1\INTRO.XML 154 G 1 RANT MOUNT OF .— (c) A (1) I 2 .—The amount of a grant N GENERAL made to a State under this section shall be equal to 3 the product of— 4 (A) the aggregate amount made available 5 for grants to States under this section; and 6 (B) the voting age population percentage 7 for the State. 8 (2) V - OTING AGE POPULATION PERCENTAGE DE 9 10 FINED .—In paragraph (1), the ‘‘voting age popu- 11 lation percentage’’ for a State is the quotient of— (A) the voting age population of the State 12 13 (as determined on the basis of the most recent 14 information available from the Bureau of the 15 Census); and (B) the total voting age population of all 16 States (as determined on the basis of the most 17 recent information available from the Bureau of 18 19 the Census). (d) R C ONGRESS .— 20 EPORTS TO (1) R EPORTS BY RECIPIENTS OF GRANTS 21 .—Not later than 6 months after the date on which the 22 final grant is made under this section, each recipient 23 24 of a grant shall submit a report to the Commission g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

155 G:\P\16\HR1\INTRO.XML 155 on the activities conducted with the funds provided 1 2 by the grant. (2) R 3 EPORTS BY COMMISSION .—Not later than 4 1 year after the date on which the final grant is 5 made under this section, the Commission shall sub- mit a report to Congress on the grants made under 6 7 this section and the activities carried out by recipi- ents with the grants, and shall include in the report 8 9 such recommendations as the Commission considers appropriate. 10 (e) F UNDING .— 11 (1) C ONTINUING AVAILABILITY OF AMOUNT AP - 12 .—Any amount appropriated to carry 13 PROPRIATED 14 out this section shall remain available without fiscal 15 year limitation until expended. (2) A EXPENSES .—Of the 16 DMINISTRATIVE amount appropriated for any fiscal year to carry out 17 18 this section, not more than 3 percent shall be avail- able for administrative expenses of the Commission. 19 20 SEC. 1803. STATE DEFINED. 21 In this subtitle, the term ‘‘State’’ includes the Dis- 22 trict of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Is- 23 lands, and the Commonwealth of the Northern Mariana 24 25 Islands. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

156 G:\P\16\HR1\INTRO.XML 156 Subtitle L—Enhancement of 1 2 Enforcement SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP 3 4 AMERICA VOTE ACT OF 2002. (a) C P RIVATE OMPLAINTS IGHT 5 ; A VAILABILITY OF R CTION .—Section 401 of the Help America Vote Act OF A 6 7 of 2002 (52 U.S.C. 21111) is amended— (1) by striking ‘‘The Attorney General’’ and in- 8 serting ‘‘(a) I G ENERAL .—The Attorney General’’; 9 N and 10 11 (2) by adding at the end the following new sub- sections: 12 ‘‘(b) F C OMPLAINTS BY A GGRIEVED P ER - 13 ILING OF .— SONS 14 ‘‘(1) I .—A person who is aggrieved 15 N GENERAL by a violation of title III which has occurred, is oc- 16 curring, or is about to occur may file a written, 17 18 signed, notarized complaint with the Attorney Gen- eral describing the violation and requesting the At- 19 20 torney General to take appropriate action under this 21 section. The Attorney General shall immediately pro- 22 vide a copy of a complaint filed under the previous sentence to the entity responsible for administering 23 the State-based administrative complaint procedures 24 25 described in section 402(a) for the State involved. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

157 G:\P\16\HR1\INTRO.XML 157 .—The 1 ESPONSE BY ATTORNEY GENERAL ‘‘(2) R Attorney General shall respond to each complaint 2 3 filed under paragraph (1), in accordance with proce- dures established by the Attorney General that re- 4 5 quire responses and determinations to be made with- in the same (or shorter) deadlines which apply to a 6 State under the State-based administrative com- 7 plaint procedures described in section 402(a)(2). 8 The Attorney General shall immediately provide a 9 10 copy of the response made under the previous sen- tence to the entity responsible for administering the 11 12 State-based administrative complaint procedures de- scribed in section 402(a) for the State involved. 13 ‘‘(c) A P RIVATE R IGHT OF A C - 14 VAILABILITY OF .—Any person who is authorized to file a complaint TION 15 under subsection (b)(1) (including any individual who 16 seeks to enforce the individual’s right to a voter-verified 17 paper ballot, the right to have the voter-verified paper bal- 18 lot counted in accordance with this Act, or any other right 19 under title III) may file an action under section 1979 of 20 21 the Revised Statutes of the United States (42 U.S.C. 22 1983) to enforce the uniform and nondiscriminatory elec- tion technology and administration requirements under 23 subtitle A of title III. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

158 G:\P\16\HR1\INTRO.XML 158 E TATE P ROCEDURES .—Nothing 1 FFECT ON O S ‘‘(d) N 2 in this section may be construed to affect the availability 3 of the State-based administrative complaint procedures re- quired under section 402 to any person filing a complaint 4 under this subsection.’’. 5 (b) E FFECTIVE .—The amendments made by 6 D ATE 7 this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2020 8 or any succeeding year. 9 Subtitle M—Federal Election 10 Integrity 11 12 SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION 13 14 OFFICIALS. (a) I N .—Title III of the Federal Election 15 G ENERAL 16 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new 17 section: 18 ‘‘ CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION 19 ADMINISTRATION OFFICIALS 20 ‘‘S . 319A. (a) P .—It shall be unlawful 21 ROHIBITION EC for a chief State election administration official to take 22 an active part in political management or in a political 23 24 campaign with respect to any election for Federal office 25 over which such official has supervisory authority. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

159 G:\P\16\HR1\INTRO.XML 159 F S A DMINISTRATION O LECTION - 1 TATE HIEF E ‘‘(b) C .—The term ‘chief State election administration of- FICIAL 2 ficial’ means the highest State official with responsibility 3 for the administration of Federal elections under State 4 law. 5 ‘‘(c) A ART IN P CTIVE M ANAGEMENT OR 6 P OLITICAL P C AMPAIGN .—The term ‘active part in po- 7 IN A OLITICAL 8 litical management or in a political campaign’ means— ‘‘(1) serving as a member of an authorized com- 9 mittee of a candidate for Federal office; 10 ‘‘(2) the use of official authority or influence 11 for the purpose of interfering with or affecting the 12 13 result of an election for Federal office; 14 ‘‘(3) the solicitation, acceptance, or receipt of a 15 contribution from any person on behalf of a can- didate for Federal office; and 16 ‘‘(4) any other act which would be prohibited 17 under paragraph (2) or (3) of section 7323(b) of 18 title 5, United States Code, if taken by an individual 19 20 to whom such paragraph applies (other than any prohibition on running for public office). 21 ‘‘(d) E C ASE OF R ECUSAL F ROM A D - 22 XCEPTION IN E I NVOLVING O FFICIAL OR 23 LECTIONS MINISTRATION OF I F AMILY M EMBER .— 24 MMEDIATE g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

160 G:\P\16\HR1\INTRO.XML 160 .—This section does not apply 1 N GENERAL ‘‘(1) I to a chief State election administration official with 2 3 respect to an election for Federal office in which the official or an immediate family member of the offi- 4 5 cial is a candidate, but only if such official recuses himself or herself from all of the official’s respon- 6 sibilities for the administration of such election. 7 ‘‘(2) I .— MMEDIATE FAMILY MEMBER DEFINED 8 9 In paragraph (1), the term ‘immediate family mem- ber’ means, with respect to a candidate, a father, 10 11 mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.’’. 12 (b) E D ATE .—The amendments made by 13 FFECTIVE 14 subsection (a) shall apply with respect to elections for 15 Federal office held after December 2019. Subtitle N—Promoting Voter Ac- 16 cess Through Election Adminis- 17 tration Improvements 18 PART 1—PROMOTING VOTER ACCESS 19 20 SEC. 1901. TREATMENT OF UNIVERSITIES AS VOTER REG- ISTRATION AGENCIES. 21 (a) I G ENERAL .—Section 7(a) of the National Voter 22 N 23 Registration Act of 1993 (52 U.S.C. 20506(a)) is amend- ed— 24 (1) in paragraph (2)— 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

161 G:\P\16\HR1\INTRO.XML 161 (A) by striking ‘‘and’’ at the end of sub- 1 2 paragraph (A); (B) by striking the period at the end of 3 4 subparagraph (B) and inserting ‘‘; and’’; and 5 (C) by adding at the end the following new subparagraph: 6 ‘‘(C) each institution of higher education 7 8 (as defined in section 101 of the Higher Edu- 9 cation Act of 1965 (20 U.S.C. 1001)) in the 10 State that receives Federal funds.’’; and (2) in paragraph (6)(A), by inserting ‘‘or, in 11 the case of an institution of higher education, with 12 each registration of a student for enrollment in a 13 course of study’’ after ‘‘assistance,’’. 14 (b) A H E DUCATION A CT OF MENDMENT TO 15 IGHER 16 1965.—Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by striking para- 17 graph (23). 18 (c) S C ENSE OF ELATING TO O PTION OF 19 ONGRESS R S TUDENTS TO EGISTER IN J URISDICTION OF I NSTITU - 20 R H IGHER E DUCATION OR J URISDICTION OF D OMI - 21 TION OF .—It is the sense of Congress that, as provided under 22 CILE existing law, students who attend an institution of higher 23 education and reside in the jurisdiction of the institution 24 25 while attending the institution should have the option of g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

162 G:\P\16\HR1\INTRO.XML 162 registering to vote in elections for Federal office in that 1 2 jurisdiction or in the jurisdiction of their own domicile. (d) E ATE 3 .—The amendments made by FFECTIVE D this section shall apply with respect to elections held on 4 5 or after January 1, 2020. 6 SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR 7 VOTERS AFFECTED BY POLLING PLACE CHANGES. 8 (a) R .—Section 302 of the Help Amer- EQUIREMENTS 9 10 ica Vote Act of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is amended— 11 (1) by redesignating subsection (f) as sub- 12 section (g); and 13 14 (2) by inserting after subsection (e) the fol- lowing new subsection: 15 ‘‘(f) M N OTIFICATION R EQUIREMENTS FOR 16 INIMUM V OTERS P OLLING P LACE C HANGES FFECTED BY 17 A .— ‘‘(1) I N GENERAL .—If a State assigns an indi- 18 19 vidual who is a registered voter in a State to a poll- 20 ing place with respect to an election for Federal of- 21 fice which is not the same polling place to which the individual was previously assigned with respect to 22 the most recent election for Federal office in the 23 24 State in which the individual was eligible to vote— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

163 G:\P\16\HR1\INTRO.XML 163 ‘‘(A) the State shall notify the individual of 1 2 the location of the polling place not later than 7 days before the date of the election; or 3 4 ‘‘(B) if the State makes such an assign- 5 ment fewer than 7 days before the date of the election and the individual appears on the date 6 7 of the election at the polling place to which the individual was previously assigned, the State 8 9 shall make every reasonable effort to enable the individual to vote on the date of the election. 10 ‘‘(2) E FFECTIVE DATE .—This subsection shall 11 12 apply with respect to elections held on or after Janu- ary 1, 2020.’’. 13 (b) C A MENDMENT .—Section 302(g) of 14 ONFORMING such Act (52 U.S.C. 21082(g)), as redesignated by sub- 15 16 section (a) and as amended by section 1601(b), is amend- ed by striking ‘‘(d)(2) and (e)(2)’’ and inserting ‘‘(d)(2), 17 (e)(2), and (f)(2)’’. 18 19 SEC. 1903. ELECTION DAY HOLIDAY. (a) T REATMENT OF D AY IN S AME LECTION AN - 20 E M L EGAL P UBLIC H OLIDAY FOR P URPOSES OF F ED - 21 NER AS E .—For purposes of any law relating 22 MPLOYMENT ERAL to Federal employment, the Tuesday next after the first 23 24 Monday in November in 2020 and each even-numbered 25 year thereafter shall be treated in the same manner as g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

164 G:\P\16\HR1\INTRO.XML 164 a legal public holiday described in section 6103 of title 1 2 5, United States Code. (b) S ONGRESS R ELATING TO REATMENT 3 C ENSE OF T AY BY P RIVATE E MPLOYERS OF 4 D .—It is the sense of Con- 5 gress that private employers in the United States should give their employees a day off on the Tuesday next after 6 the first Monday in November in 2020 and each even- 7 numbered year thereafter to enable the employees to cast 8 votes in the elections held on that day. 9 SEC. 1904. PERMITTING USE OF SWORN WRITTEN STATE- 10 MENT TO MEET IDENTIFICATION REQUIRE- 11 MENTS FOR VOTING. 12 (a) P U ERMITTING TATEMENT .—Title III of 13 SE OF S 14 the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the fol- 15 lowing new section: 16 17 ‘‘SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATE- 18 MENT TO MEET IDENTIFICATION REQUIRE- MENTS. 19 ‘‘(a) U S TATEMENT .— 20 SE OF ‘‘(1) I N GENERAL 21 .—Except as provided in sub- section (c), if a State has in effect a requirement 22 that an individual present identification as a condi- 23 24 tion of receiving and casting a ballot in an election g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

165 G:\P\16\HR1\INTRO.XML 165 for Federal office, the State shall permit the indi- 1 2 vidual to meet the requirement— ‘‘(A) in the case of an individual who de- 3 4 sires to vote in person, by presenting the appro- priate State or local election official with a 5 6 sworn written statement, signed by the indi- vidual under penalty of perjury, attesting to the 7 individual’s identification and attesting that the 8 9 individual is eligible to vote in the election; or ‘‘(B) in the case of an individual who de- 10 sires to vote by mail, by submitting with the 11 ballot the statement described in subparagraph 12 (A). 13 ‘‘(2) P - PRINTED COPY OF STATE - 14 ROVIDING PRE .—A State which is subject to paragraph (1) MENT 15 shall— 16 ‘‘(A) prepare a pre-printed version of the 17 statement described in paragraph (1)(A) which 18 includes a blank space for an individual to pro- 19 vide a name and signature; 20 21 ‘‘(B) make copies of the pre-printed 22 version available at polling places for election officials to distribute to individuals who desire 23 to vote in person; and 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

166 G:\P\16\HR1\INTRO.XML 166 ‘‘(C) include a copy of the pre-printed 1 2 version with each blank absentee or other ballot transmitted to an individual who desires to vote 3 4 by mail. ‘‘(b) R R EGULAR B ALLOT .—An in- 5 EQUIRING U SE OF 6 dividual who presents or submits a sworn written state- 7 ment in accordance with subsection (a)(1) shall be per- mitted to cast a regular ballot in the election in the same 8 manner as an individual who presents identification. 9 ‘‘(c) E IRST XCEPTION FOR TIME V OTERS R EG - 10 F - M AIL 11 ISTERING BY .—Subsections (a) and (b) do not apply 12 with respect to any individual described in paragraph (1) of section 303(b) who is required to meet the requirements 13 of paragraph (2) of such section.’’. 14 (b) R S TATES TO I NCLUDE I NFORMATION 15 EQUIRING V U WORN W RITTEN S TATEMENT IN S OTING I N - 16 SE OF ON M ATERIAL P OSTED AT P OLLING P LACES .— 17 FORMATION 18 Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), 19 as amended by section 1072(b) and section 1202(b), is amended— 20 (1) by striking ‘‘and’’ at the end of subpara- 21 graph (G); 22 23 (2) by striking the period at the end of sub- 24 paragraph (H) and inserting ‘‘; and’’; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

167 G:\P\16\HR1\INTRO.XML 167 (3) by adding at the end the following new sub- 1 2 paragraph: ‘‘(I) in the case of a State that has in ef- 3 4 fect a requirement that an individual present 5 identification as a condition of receiving and casting a ballot in an election for Federal office, 6 7 information on how an individual may meet 8 such requirement by presenting a sworn written 9 statement in accordance with section 303A.’’. (c) C MENDMENT .—The table of contents 10 LERICAL A 11 of such Act is amended by inserting after the item relating to section 303 the following new item: 12 ‘‘Sec. 303A. Permitting use of sworn written statement to meet identification requirements.’’. (e) E D ATE .—The amendments made by 13 FFECTIVE 14 this section shall apply with respect to elections occurring 15 on or after the date of the enactment of this Act. 16 SEC. 1905. POSTAGE-FREE BALLOTS. (a) A ALLOTS C ARRIED F REE OF BSENTEE OST - 17 B P .— 18 AGE (1) I .—Chapter 34 of title 39, 19 N GENERAL United States Code, is amended by adding after sec- 20 tion 3406 the following: 21 ‘‘§ 3407. Absentee ballots carried free of postage 22 23 ‘‘(a) Any absentee ballot for any election shall be car- 24 ried expeditiously and free of postage. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

168 G:\P\16\HR1\INTRO.XML 168 ‘‘(b) As used in this section, the term ‘absentee ballot’ 1 2 does not include any ballot covered by section 3406.’’. (2) C 3 LERICAL AMENDMENT .—The table of sec- 4 tions for chapter 34 of such title is amended by in- 5 serting after the item relating to section 3406 the 6 following: ‘‘3407. Absentee ballots carried free of postage.’’. .—Section 2401(c) of title 7 (3) R EIMBURSEMENT 39, United States Code, is amended by striking 8 ‘‘3406’’ and inserting ‘‘3407’’. 9 (b) U AYMENTS R SE BY P TATES OF 10 S EQUIREMENTS U H ELP A MERICA V OTE A CT OF 2002 TO R EIM - 11 NDER P BURSE ERVICE .— 12 OSTAL S (1) A .—Section UTHORIZING USE OF PAYMENTS 13 251(b) of the Help America Vote Act of 2002 (52 14 U.S.C. 21001(b)) is amended— 15 16 (A) in paragraph (1), by striking ‘‘as pro- vided in paragraphs (2) and (3)’’ and inserting 17 ‘‘as otherwise provided in this subsection’’; and 18 (B) by adding at the end the following new 19 paragraph: 20 ‘‘(4) R EIMBURSEMENT OF POSTAL SERVICE 21 ASSOCIATED WITH FOR BAL - 22 COSTS ABSENTEE .—A State shall use a requirements payment to 23 LOTS 24 reimburse the United States Postal Service for the revenue which the Postal Service would have ob- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

169 G:\P\16\HR1\INTRO.XML 169 tained as the result of the mailing of absentee bal- 1 2 lots in the State but for section 3407 of title 39, United States Code.’’. 3 (2) E FFECTIVE DATE .—The amendment made 4 5 by paragraph (1) shall apply with respect to the re- quirements payments made to a State under part 1 6 of subtitle D of title II of the Help America Vote 7 8 Act of 2002 (52 U.S.C. 21001 et seq.)— (A) for fiscal year 2019 or any previous 9 fiscal year, but only to the extent that any such 10 11 payment remains unobligated or unexpended by the State as of the date of the enactment of 12 13 this Act; and 14 (B) for fiscal year 2020 and each suc- 15 ceeding fiscal year. SEC. 1906. REIMBURSEMENT FOR COSTS INCURRED BY 16 STATES IN ESTABLISHING PROGRAM TO 17 TRACK AND CONFIRM RECEIPT OF ABSENTEE 18 19 BALLOTS. (a) R .—Subtitle D of title II of the 20 EIMBURSEMENT 21 Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: 22 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

170 G:\P\16\HR1\INTRO.XML 170 ‘‘PART 7—PAYMENTS TO REIMBURSE STATES 1 2 FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RE- 3 4 CEIPT OF ABSENTEE BALLOTS 5 ‘‘SEC. 297. PAYMENTS TO STATES. ‘‘(a) P OR C OSTS OF E STABLISHING P RO - AYMENTS F 6 .—In accordance with this section, the Commission GRAM 7 8 shall make a payment to a State to reimburse the State for the costs incurred in establishing, if the State so choos- 9 es to establish, an absentee ballot tracking program with 10 respect to elections for Federal office held in the State 11 12 (including costs incurred prior to the date of the enact- ment of this part). 13 ‘‘(b) A B ALLOT T RACKING P ROGRAM D E - 14 BSENTEE .— SCRIBED 15 ‘‘(1) P .— ROGRAM DESCRIBED 16 ‘‘(A) I 17 N GENERAL .—In this part, an ‘ab- sentee ballot tracking program’ is a program to 18 track and confirm the receipt of absentee bal- 19 lots in an election for Federal office under 20 21 which the State or local election official respon- 22 sible for the receipt of voted absentee ballots in 23 the election carries out procedures to track and confirm the receipt of such ballots, and makes 24 information on the receipt of such ballots avail- 25 26 able to the individual who cast the ballot, by g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

171 G:\P\16\HR1\INTRO.XML 171 means of online access using the Internet site 1 2 of the official’s office. ‘‘(B) I 3 NFORMATION ON WHETHER VOTE .—The information referred to 4 WAS COUNTED 5 under subparagraph (A) with respect to the re- 6 ceipt of an absentee ballot shall include infor- 7 mation regarding whether the vote cast on the ballot was counted, and, in the case of a vote 8 which was not counted, the reasons therefor. 9 ‘‘(2) U FREE TELEPHONE NUMBER 10 SE OF TOLL - 11 BY OFFICIALS WITHOUT INTERNET SITE .—A pro- 12 gram established by a State or local election official whose office does not have an Internet site may 13 14 meet the description of a program under paragraph 15 (1) if the official has established a toll-free telephone 16 number that may be used by an individual who cast an absentee ballot to obtain the information on the 17 receipt of the voted absentee ballot as provided 18 under such paragraph. 19 ‘‘(c) C OMPLIANCE AND C OSTS .— 20 ERTIFICATION OF C ‘‘(1) C .—In order to 21 ERTIFICATION REQUIRED receive a payment under this section, a State shall 22 submit to the Commission a statement containing— 23 24 ‘‘(A) a certification that the State has es- 25 tablished an absentee ballot tracking program g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

172 G:\P\16\HR1\INTRO.XML 172 with respect to elections for Federal office held 1 2 in the State; and ‘‘(B) a statement of the costs incurred by 3 4 the State in establishing the program. ‘‘(2) A MOUNT OF PAYMENT 5 .—The amount of a payment made to a State under this section shall be 6 equal to the costs incurred by the State in estab- 7 lishing the absentee ballot tracking program, as set 8 forth in the statement submitted under paragraph 9 10 (1), except that such amount may not exceed the product of— 11 12 ‘‘(A) the number of jurisdictions in the State which are responsible for operating the 13 14 program; and 15 ‘‘(B) $3,000. ‘‘(3) L - IMIT ON NUMBER OF PAYMENTS RE 16 CEIVED .—A State may not receive more than one 17 payment under this part. 18 19 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) A .—There are authorized to be 20 UTHORIZATION 21 appropriated to the Commission for fiscal year 2020 and each succeeding fiscal year such sums as may be necessary 22 for payments under this part. 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

173 G:\P\16\HR1\INTRO.XML 173 A UNDS .—Any 1 VAILABILITY OF ONTINUING F ‘‘(b) C amounts appropriated pursuant to the authorization under 2 3 this section shall remain available until expended.’’. (b) C .—The table of contents 4 LERICAL A MENDMENT 5 of such Act is amended by adding at the end of the items 6 relating to subtitle D of title II the following: 7—P AYMENTS TO ‘‘P EIMBURSE S TATES FOR C OSTS I NCURRED IN E S - ART R P T RACK AND C ONFIRM ROGRAM TO ECEIPT OF A BSENTEE TABLISHING R ALLOTS B ‘‘Sec. 297. Payments to States. ‘‘Sec. 297A. Authorization of appropriations.’’. SEC. 1907. VOTER INFORMATION RESPONSE SYSTEMS AND 7 8 HOTLINE. (a) E PERATION OF S 9 O STABLISHMENT AND YSTEMS ERVICES .— 10 AND S (1) S TATE - BASED RESPONSE SYSTEMS .—The 11 12 Attorney General shall coordinate the establishment 13 of a State-based response system for responding to 14 questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to 15 register to vote, in elections for Federal office. Such 16 17 system shall provide— (A) State-specific, same-day, and imme- 18 19 diate assistance to such individuals, including 20 information on how to register to vote, the loca- tion and hours of operation of polling places, 21 and how to obtain absentee ballots; and 22 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

174 G:\P\16\HR1\INTRO.XML 174 (B) State-specific, same-day, and imme- 1 2 diate assistance to individuals encountering problems with registering to vote or voting, in- 3 4 cluding individuals encountering intimidation or deceptive practices. 5 (2) H OTLINE .—The Attorney General, in con- 6 sultation with State election officials, shall establish 7 8 and operate a toll-free telephone service, using a telephone number that is accessible throughout the 9 United States and that uses easily identifiable nu- 10 11 merals, through which individuals throughout the United States— 12 13 (A) may connect directly to the State- 14 based response system described in paragraph 15 (1) with respect to the State involved; (B) may obtain information on voting in 16 elections for Federal office, including informa- 17 tion on how to register to vote in such elections, 18 19 the locations and hours of operation of polling places, and how to obtain absentee ballots; and 20 21 (C) may report information to the Attor- 22 ney General on problems encountered in reg- istering to vote or voting, including incidences 23 of voter intimidation or suppression. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

175 G:\P\16\HR1\INTRO.XML 175 1 OLLABORATION WITH STATE AND LOCAL (3) C ELECTION OFFICIALS .— 2 (A) C 3 OLLECTION OF INFORMATION FROM .—The Attorney General shall coordi- STATES 4 5 nate the collection of information on State and local election laws and policies, including infor- 6 7 mation on the Statewide computerized voter registration lists maintained under title III of 8 the Help America Vote Act of 2002, so that in- 9 dividuals who contact the free telephone service 10 established under paragraph (2) on the date of 11 an election for Federal office may receive an 12 13 immediate response on that day. (B) F ORWARDING QUESTIONS AND COM - 14 15 .—If an individual contacts PLAINTS TO STATES 16 the free telephone service established under paragraph (2) on the date of an election for 17 18 Federal office with a question or complaint with respect to a particular State or jurisdiction 19 20 within a State, the Attorney General shall for- 21 ward the question or complaint immediately to 22 the appropriate election official of the State or jurisdiction so that the official may answer the 23 24 question or remedy the complaint on that date. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

176 G:\P\16\HR1\INTRO.XML 176 - 1 ONSULTATION REQUIREMENTS FOR DE (4) C VELOPMENT OF SYSTEMS AND SERVICES .—The At- 2 torney General shall ensure that the State-based re- 3 sponse system under paragraph (1) and the free 4 5 telephone service under paragraph (2) are each de- veloped in consultation with civil rights organiza- 6 7 tions, voting rights groups, State and local election officials, voter protection groups, and other inter- 8 ested community organizations, especially those that 9 10 have experience in the operation of similar systems and services. 11 (b) U ERVICE BY I NDIVIDUALS W SE OF D IS - 12 S ITH I NDIVIDUALS W ITH L IMITED E NGLISH 13 ABILITIES AND L ANGUAGE .—The Attorney General shall 14 P ROFICIENCY 15 design and operate the telephone service established under this section in a manner that ensures that individuals with 16 disabilities are fully able to use the service, and that as- 17 sistance is provided in any language in which the State 18 (or any jurisdiction in the State) is required to provide 19 election materials under section 203 of the Voting Rights 20 Act of 1965.. 21 (c) V H OTLINE T ASK F ORCE .— 22 OTER (1) A PPOINTMENT BY ATTORNEY GENERAL 23 .— The Attorney General shall appoint individuals (in 24 25 such number as the Attorney General considers ap- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

177 G:\P\16\HR1\INTRO.XML 177 propriate but in no event fewer than 3) to serve on 1 2 a Voter Hotline Task Force to provide ongoing anal- ysis and assessment of the operation of the tele- 3 4 phone service established under this section, and shall give special consideration in making appoint- 5 6 ments to the Task Force to individuals who rep- resent civil rights organizations. At least one mem- 7 ber of the Task Force shall be a representative of 8 an organization promoting voting rights or civil 9 rights which has experience in the operation of simi- 10 11 lar telephone services or in protecting the rights of individuals to vote, especially individuals who are 12 13 members of racial, ethnic, or linguistic minorities or of communities who have been adversely affected by 14 15 efforts to suppress voting rights. (2) E LIGIBILITY .—An individual shall be eligi- 16 17 ble to serve on the Task Force under this subsection if the individual meets such criteria as the Attorney 18 General may establish, except that an individual may 19 not serve on the task force if the individual has been 20 convicted of any criminal offense relating to voter in- 21 22 timidation or voter suppression. (3) T ERM OF SERVICE 23 .—An individual ap- pointed to the Task Force shall serve a single term 24 25 of 2 years, except that the initial terms of the mem- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

178 G:\P\16\HR1\INTRO.XML 178 bers first appointed to the Task Force shall be stag- 1 2 gered so that there are at least 3 individuals serving on the Task Force during each year. A vacancy in 3 4 the membership of the Task Force shall be filled in 5 the same manner as the original appointment. (4) N 6 O COMPENSATION FOR SERVICE .—Mem- bers of the Task Force shall serve without pay, but 7 shall receive travel expenses, including per diem in 8 9 lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 10 5, United States Code. 11 (d) B -A NNUAL R EPORT TO C ONGRESS .—Not later 12 I 13 than March 1 of each odd-numbered year, the Attorney 14 General shall submit a report to Congress on the operation of the telephone service established under this section dur- 15 ing the previous 2 years, and shall include in the report— 16 (1) an enumeration of the number and type of 17 18 calls that were received by the service; (2) a compilation and description of the reports 19 20 made to the service by individuals citing instances of 21 voter intimidation or suppression; 22 (3) an assessment of the effectiveness of the service in making information available to all house- 23 24 holds in the United States with telephone service; g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

179 G:\P\16\HR1\INTRO.XML 179 (4) any recommendations developed by the 1 2 Task Force established under subsection (c) with re- spect to how voting systems may be maintained or 3 4 upgraded to better accommodate voters and better 5 ensure the integrity of elections, including but not 6 limited to identifying how to eliminate coordinated voter suppression efforts and how to establish effec- 7 8 tive mechanisms for distributing updates on changes to voting requirements; and 9 10 (5) any recommendations on best practices for the State-based response systems established under 11 subsection (a)(1). 12 (e) A UTHORIZATION OF .— 13 A PPROPRIATIONS (1) A .—There are authorized to 14 UTHORIZATION 15 be appropriated to the Attorney General for fiscal 16 year 2019 and each succeeding fiscal year such sums as may be necessary to carry out this section. 17 (2) S ASIDE FOR ET .—Of the 18 - OUTREACH 19 amounts appropriated to carry out this section for a 20 fiscal year pursuant to the authorization under para- 21 graph (1), not less than 15 percent shall be used for 22 outreach activities to make the public aware of the availability of the telephone service established under 23 24 this section, with an emphasis on outreach to indi- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

180 G:\P\16\HR1\INTRO.XML 180 viduals with disabilities and individuals with limited 1 2 proficiency in the English language. PART 2—IMPROVEMENTS IN OPERATION OF 3 4 ELECTION ASSISTANCE COMMISSION SEC. 1911. REAUTHORIZATION OF ELECTION ASSISTANCE 5 6 COMMISSION. Section 210 of the Help America Vote Act of 2002 7 (52 U.S.C. 20930) is amended— 8 (1) by striking ‘‘for each of the fiscal years 9 2003 through 2005’’ and inserting ‘‘for fiscal year 10 11 2019 and each succeeding fiscal year’’; and (2) by striking ‘‘(but not to exceed $10,000,000 12 13 for each such year)’’. SEC. 1913. REQUIRING STATES TO PARTICIPATE IN POST- 14 15 GENERAL ELECTION SURVEYS. (a) R EQUIREMENT .—Title III of the Help America 16 17 Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1904(a), is further amended by inserting after 18 section 303A the following new section: 19 ‘‘SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL 20 ELECTION SURVEYS. 21 ‘‘(a) R .—Each State shall furnish to the 22 EQUIREMENT Commission such information as the Commission may re- 23 24 quest for purposes of conducting any post-election survey g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

181 G:\P\16\HR1\INTRO.XML 181 of the States with respect to the administration of a regu- 1 2 larly scheduled general election for Federal office. ‘‘(b) E ATE 3 FFECTIVE .—This section shall apply D 4 with respect to the regularly scheduled general election for Federal office held in November 2020 and any succeeding 5 6 election.’’. (b) C MENDMENT .—The table of contents LERICAL A 7 8 of such Act, as amended by section 1904(c), is further amended by inserting after the item relating to section 9 303A the following new item: 10 ‘‘Sec. 303B. Requiring participation in post-general election surveys.’’. SEC. 1914. REPORTS BY NATIONAL INSTITUTE OF STAND- 11 ARDS AND TECHNOLOGY ON USE OF FUNDS 12 13 TRANSFERRED FROM ELECTION ASSISTANCE COMMISSION. 14 (a) R R EPORTS ON U SE F UNDS AS C ONDI - 15 EQUIRING R TION OF 16 ECEIPT .—Section 231 of the Help America 17 Vote Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the following new subsection: 18 ‘‘(e) R SE OF F EPORT ON T RANSFERRED 19 U UNDS F C OMMISSION .—To the extent that funds are trans- 20 ROM 21 ferred from the Commission to the Director of the Na- 22 tional Institute of Standards and Technology for purposes of carrying out this section during any fiscal year, the Di- 23 rector may not use such funds unless the Director certifies 24 25 at the time of transfer that the Director will submit a re- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

182 G:\P\16\HR1\INTRO.XML 182 port to the Commission not later than 90 days after the 1 2 end of the fiscal year detailing how the Director used such funds during the year.’’. 3 (b) E FFECTIVE ATE .—The amendment made by 4 D 5 subsection (a) shall apply with respect to fiscal year 2020 6 and each succeeding fiscal year. 7 SEC. 1915. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE COMMISSION. 8 (a) A I T ECHNOLOGY 9 SSESSMENT OF NFORMATION C .—Not later than December 31, 10 AND YBERSECURITY 2019, the Election Assistance Commission shall carry out 11 an assessment of the security and effectiveness of the 12 13 Commission’s information technology systems, including 14 the cybersecurity of such systems. (b) I A C OMPLAINT 15 MPROVEMENTS TO DMINISTRATIVE P 16 ROCEDURES .— (1) R EVIEW OF PROCEDURES .—The Election 17 18 Assistance Commission shall carry out a review of 19 the effectiveness and efficiency of the State-based 20 administrative complaint procedures established and maintained under section 402 of the Help America 21 Vote Act of 2002 (52 U.S.C. 21112) for the inves- 22 23 tigation and resolution of allegations of violations of 24 title III of such Act. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

183 G:\P\16\HR1\INTRO.XML 183 - 1 ECOMMENDATIONS TO STREAMLINE PRO (2) R CEDURES .—Not later than December 31, 2019, the 2 Commission shall submit to Congress a report on 3 the review carried out under paragraph (1), and 4 5 shall include in the report such recommendations as the Commission considers appropriate to streamline 6 7 and improve the procedures which are the subject of the review. 8 SEC. 1916. REPEAL OF EXEMPTION OF ELECTION ASSIST- 9 10 ANCE COMMISSION FROM CERTAIN GOVERN- MENT CONTRACTING REQUIREMENTS. 11 (a) I ENERAL .—Section 205 of the Help America 12 N G 13 Vote Act of 2002 (52 U.S.C. 20925) is amended by strik- ing subsection (e). 14 (b) E D ATE .—The amendment made by 15 FFECTIVE 16 subsection (a) shall apply with respect to contracts entered 17 into by the Election Assistance Commission on or after the date of the enactment of this Act. 18 PART 3—MISCELLANEOUS PROVISIONS 19 SEC. 1921. APPLICATION OF LAWS TO COMMONWEALTH OF 20 21 NORTHERN MARIANA ISLANDS. (a) N V OTER R EGISTRATION A CT OF 22 ATIONAL 23 1993.—Section 3(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended by striking 24 ‘‘States and the District of Columbia’’ and inserting 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

184 G:\P\16\HR1\INTRO.XML 184 ‘‘States, the District of Columbia, and the Commonwealth 1 2 of the Northern Mariana Islands’’. (b) H 2002.— OTE MERICA CT OF V 3 ELP A A (1) C 4 OVERAGE OF COMMONWEALTH OF THE 5 NORTHERN MARIANA ISLANDS .—Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) 6 is amended by striking ‘‘and the United States Vir- 7 gin Islands’’ and inserting ‘‘the United States Virgin 8 Islands, and the Commonwealth of the Northern 9 10 Mariana Islands’’. (2) C AMENDMENTS TO HELP 11 ONFORMING .—Such Act is further AMERICA VOTE ACT OF 2002 12 amended as follows: 13 (A) The second sentence of section 14 213(a)(2) (52 U.S.C. 20943(a)(2)) is amended 15 by striking ‘‘and American Samoa’’ and insert- 16 ing ‘‘American Samoa, and the Commonwealth 17 18 of the Northern Mariana Islands’’. (B) Section 252(c)(2) (52 U.S.C. 19 21002(c)(2)) is amended by striking ‘‘or the 20 21 United States Virgin Islands’’ and inserting 22 ‘‘the United States Virgin Islands, or the Com- 23 monwealth of the Northern Mariana Islands’’. (3) C ONFORMING AMENDMENT RELATING TO 24 - 25 CONSULTATION OF HELP AMERICA VOTE FOUNDA g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

185 G:\P\16\HR1\INTRO.XML 185 1 TION WITH LOCAL ELECTION OFFICIALS .—Section 2 90102(c) of title 36, United States Code, is amend- 3 ed by striking ‘‘and the United States Virgin Is- 4 lands’’ and inserting ‘‘the United States Virgin Is- 5 lands, and the Commonwealth of the Northern Mar- 6 iana Islands’’. (4) E FFECTIVE DATE .—The amendments made 7 8 by this subsection shall apply with respect to fiscal years beginning with the first fiscal year which be- 9 gins after funds are appropriated to the Common- 10 wealth of the Northern Mariana Islands pursuant to 11 the payment under section 2. 12 SEC. 1922. NO EFFECT ON OTHER LAWS. 13 (a) I G N 14 ENERAL .—Except as specifically provided, 15 nothing in this subtitle may be construed to authorize or require conduct prohibited under any of the following laws, 16 17 or to supersede, restrict, or limit the application of such laws: 18 (1) The Voting Rights Act of 1965 (52 U.S.C. 19 20 10301 et seq.). 21 (2) The Voting Accessibility for the Elderly and 22 Handicapped Act (52 U.S.C. 20101 et seq.). (3) The Uniformed and Overseas Citizens Ab- 23 24 sentee Voting Act (52 U.S.C. 20301 et seq.). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

186 G:\P\16\HR1\INTRO.XML 186 (4) The National Voter Registration Act of 1 2 1993 (52 U.S.C. 20501 et seq.). (5) The Americans with Disabilities Act of 3 4 1990 (42 U.S.C. 12101 et seq.). (6) The Rehabilitation Act of 1973 (29 U.S.C. 5 701 et seq.). 6 (b) N FFECT ON P RECLEARANCE OR O O R E - 7 E THER U V OTING R IGHTS NDER CT .—The ap- 8 QUIREMENTS A 9 proval by any person of a payment or grant application 10 under this title, or any other action taken by any person 11 under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the 12 Voting Rights Act of 1965 (52 U.S.C. 10304) or any other 13 requirements of such Act. 14 Subtitle O—Severability 15 16 SEC. 1931. SEVERABILITY. If any provision of this title or amendment made by 17 this title, or the application of a provision or amendment 18 19 to any person or circumstance, is held to be unconstitu- 20 tional, the remainder of this title and amendments made 21 by this title, and the application of the provisions and amendment to any person or circumstance, shall not be 22 affected by the holding. 23 24 TITLE II—ELECTION INTEGRITY Subtitle A—Findings Reaffirming Commitment of Congress to Restore the Voting Rights Act g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00186 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

187 G:\P\16\HR1\INTRO.XML 187 Sec. 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act. Subtitle B—Findings Relating to Native American Voting Rights Sec. 2101. Findings relating to Native American voting rights. Subtitle C—Findings Relating to District of Columbia Statehood Sec. 2201. Findings relating to District of Columbia statehood. Subtitle D—Findings Relating to Territorial Voting Rights Sec. 2301. Findings relating to territorial voting rights. Subtitle E—Redistricting Reform Sec. 2400. Short title; finding of constitutional authority. EQUIREMENTS FOR ART ONGRESSIONAL R EDISTRICTING 1—R C P Sec. 2401. Limit on congressional redistricting after an apportionment. Sec. 2402. Requiring congressional redistricting to be conducted through plan of independent State commission. 2—I NDEPENDENT R EDISTRICTING C OMMISSIONS ART P Sec. 2411. Independent redistricting commission. Sec. 2412. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2413. Criteria for redistricting plan by independent commission; public no- tice and input. Sec. 2414. Establishment of related entities. ART 3—R OLE OF C OURTS IN D EVELOPMENT OF R EDISTRICTING P LANS P Sec. 2421. Enactment of plan developed by 3-judge court. Sec. 2422. Special rule for redistricting conducted under order of Federal court. ROVISIONS DMINISTRATIVE AND M ISCELLANEOUS P 4—A ART P Sec. 2431. Payments to States for carrying out redistricting. Sec. 2432. Civil enforcement. Sec. 2433. State apportionment notice defined. Sec. 2434. No effect on elections for State and local office. Sec. 2435. Effective date. Subtitle F—Saving Voters From Voter Purging Sec. 2501. Short title. Sec. 2502. Conditions for removal of voters from list of registered voters. Subtitle G—Severability Sec. 2601. Severability. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00187 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

188 G:\P\16\HR1\INTRO.XML 188 Subtitle A—Findings Reaffirming 1 2 Commitment of Congress to Re- store the Voting Rights Act 3 4 SEC. 2001. FINDINGS REAFFIRMING COMMITMENT OF CON- GRESS TO RESTORE THE VOTING RIGHTS 5 6 ACT. Congress finds the following: 7 (1) The right to vote for all Americans is sac- 8 9 rosanct and rules for voting and election administra- tion should protect the right to vote and promote 10 voter participation. 11 12 (2) The Voting Rights Act has empowered the Department of Justice and Federal courts for nearly 13 14 a half a century to block discriminatory voting prac- 15 tices before their implementation in States and local- 16 ities with the most troubling histories and ongoing records of racial discrimination. 17 (3) There continues to be an alarming move- 18 ment to erect barriers to make it more difficult for 19 20 Americans to participate in our Nation’s democratic process. The Nation has witnessed unprecedented ef- 21 22 forts to turn back the clock and erect barriers to 23 voting for communities of color which have faced historic and continuing discrimination, as well as 24 disabled, young, elderly, and low-income Americans. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

189 G:\P\16\HR1\INTRO.XML 189 1 (4) The Supreme Court’s 2013 Shelby County 2 Holder v. decision gutted decades-long Federal pro- 3 tections for communities of color that face historic 4 and continuing discrimination, emboldening States and local jurisdictions to pass voter suppression laws 5 6 and implement procedures, such as those requiring photo identification, limiting early voting hours, 7 8 eliminating same-day registration, purging voters from the rolls, and reducing the number of polling 9 places. Congress is committed to reversing the dev- 10 astating impact of this decision. 11 (5) Racial discrimination in voting is a clear 12 and persistent problem. The actions of States and 13 Shelby County , in- 14 localities around the country post- 15 cluding at least 10 findings by Federal courts of in- 16 tentional discrimination, underscore the need for Congress to conduct investigatory and evidentiary 17 hearings to determine the legislation necessary to re- 18 store the Voting Rights Act and combat continuing 19 20 efforts in America that suppress the free exercise of the franchise in communities of color. 21 22 (6) The 2018 midterm election provides further 23 evidence that systemic voter discrimination and in- timidation continues to occur in communities of 24 color across the country, making it clear that democ- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

190 G:\P\16\HR1\INTRO.XML 190 racy reform cannot be achieved until Congress re- 1 2 stores key provisions of the Voting Rights Act. (7) Congress must remain vigilant in protecting 3 4 every eligible citizen’s right to vote. Congress should respond by modernizing the electoral system to— 5 6 (A) improve access to the ballot; (B) enhance the integrity and security of 7 our voting systems; 8 9 (C) ensure greater accountability for the administration of elections; and 10 (D) restore protections for voters against 11 12 practices in States and localities plagued by the persistence of voter disenfranchisement; and 13 14 (E) ensure that Federal civil rights laws 15 protect the rights of voters against discrimina- 16 tory and deceptive practices. Subtitle B—Findings Relating to 17 Native American Voting Rights 18 SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOT- 19 20 ING RIGHTS. Congress finds the following: 21 22 (1) The right to vote for all Americans is sa- 23 cred. Congress must fulfill the Federal Government’s trust responsibility to protect and promote Native 24 Americans’ exercise of their fundamental right to 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

191 G:\P\16\HR1\INTRO.XML 191 vote, including equal access to voter registration vot- 1 2 ing mechanisms and locations, and the ability to serve as election officials. 3 4 (2) The Native American Voting Rights Coali- tion’s four-State survey of voter discrimination 5 6 (2016) and nine field hearings in Indian Country (2017-2018) revealed obstacles that Native Ameri- 7 cans must overcome, including a lack of accessible 8 9 and proximate registration and polling sites, non- traditional addresses for residents on Indian reserva- 10 tions, inadequate language assistance for Tribal 11 12 members, and voter identification laws that discrimi- nate against Native Americans. The Department of 13 14 Justice and courts have recognized that some juris- 15 dictions have been unresponsive to reasonable re- 16 quests from federally recognized Indian Tribes for more accessible and proximate voter registration 17 sites and in-person voting locations. 18 (3) The 2018 elections provide further evidence 19 20 that systemic voter discrimination and intimidation continues to occur in communities of color and Trib- 21 22 al lands across the country, making it clear that de- 23 mocracy reform cannot be achieved until Congress restores key provisions of the Voting Rights Act and 24 passes additional protections. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

192 G:\P\16\HR1\INTRO.XML 192 (4) Congress has broad, plenary authority to 1 2 enact legislation to safeguard the voting rights of Native American voters. 3 4 (5) Congress must conduct investigatory and evidentiary hearings to determine the necessary leg- 5 6 islation to restore the Voting Rights Act and combat continuous efforts that suppress the voter franchise 7 within Tribal lands, to include, but not to be limited 8 9 to, the Native American Voting Rights Act (NAVRA) and the Voting Rights Advancement Act 10 (VRAA). 11 12 Subtitle C—Findings Relating to District of Columbia Statehood 13 14 SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA 15 STATEHOOD. 16 Congress finds the following: (1) District of Columbia residents deserve full 17 congressional voting rights and self-government, 18 19 which only statehood can provide. (2) The 700,000 residents of the District of Co- 20 21 lumbia pay more Federal taxes per capita than resi- 22 dents of any State in the country, yet do not have full and equal representation in Congress and self- 23 government. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

193 G:\P\16\HR1\INTRO.XML 193 (3) Since the founding of the United States, the 1 2 residents of the District of Columbia have always carried all the obligations of citizenship, including 3 4 serving in all of the Nation’s wars and paying Fed- eral taxes, all without voting representation on the 5 6 floor in either Chamber of Congress or freedom from congressional interference in purely local matters. 7 (4) There are no constitutional, historical, fi- 8 9 nancial, or economic reasons why the 700,000 Amer- icans who live in the District of Columbia should not 10 be granted statehood. 11 12 (5) The District of Columbia has a larger popu- lation than two States, Wyoming and Vermont, and 13 14 is close to the population of the seven States that 15 have a population of under one million fully rep- 16 resented residents. (6) The District of Columbia government has 17 one of the strongest fiscal positions of any jurisdic- 18 tion in the United States, with a $14,600,000,000 19 20 budget and a $2,700,000,000 general fund balance, or surplus. 21 22 (7) The District of Columbia’s total personal 23 income is higher than that of seven States, its per capita personal consumption expenditures is higher 24 than those of any State, and its total personal con- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

194 G:\P\16\HR1\INTRO.XML 194 sumption expenditures is greater than those of seven 1 2 States. (8) Congress has authority under article IV, 3 4 section 3, clause 1, which gives Congress power to admit new states to the Union, and Article I, Sec- 5 6 tion 8, Clause 17, which grants Congress power over the seat of the Federal Government, to admit the 7 new State carved out of the residential areas of the 8 9 Federal seat of Government, while maintaining as the Federal seat of Government the United States 10 Capitol Complex, the principal Federal monuments, 11 12 Federal buildings and grounds, the National Mall, the White House and other Federal property. 13 14 Subtitle D—Findings Relating to 15 Territorial Voting Rights 16 SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING RIGHTS. 17 Congress finds the following: 18 (1) The right to vote is one of the most power- 19 20 ful instruments residents of the territories of the United States have to ensure that their voices are 21 22 heard. 23 (2) These Americans have played an important part in the American democracy for more than 120 24 years. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

195 G:\P\16\HR1\INTRO.XML 195 (3) Political participation and the right to vote 1 2 are among the highest concerns of territorial resi- dents in part because they were not always afforded 3 4 these rights. 5 (4) Voter participation in the territories consist- 6 ently ranks higher than many communities on the mainland. 7 8 (5) Territorial residents serve and die, on a per capita basis, at a higher rate in every United States 9 10 war and conflict since WWI, as an expression of their commitment to American democratic principles 11 and patriotism. 12 Subtitle E—Redistricting Reform 13 SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AU- 14 15 THORITY. (a) S T ITLE .—This subtitle may be cited as the 16 HORT 17 ‘‘Redistricting Reform Act of 2019’’. (b) F C A UTHORITY .— INDING OF ONSTITUTIONAL 18 19 Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out 20 21 Congressional redistricting after an apportionment of 22 Members of the House of Representatives because— 23 (1) the authority granted to Congress under ar- ticle I, section 4 of the Constitution of the United 24 25 States gives Congress the power to enact laws gov- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

196 G:\P\16\HR1\INTRO.XML 196 erning the time, place, and manner of elections for 1 2 Members of the House of Representatives; and (2) the authority granted to Congress under 3 4 section 5 of the fourteenth amendment to the Con- stitution gives Congress the power to enact laws to 5 6 enforce section 2 of such amendment, which requires Representatives to be apportioned among the several 7 States according to their number. 8 9 PART 1—REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING 10 SEC. 2401. LIMIT ON CONGRESSIONAL REDISTRICTING 11 12 AFTER AN APPORTIONMENT. The Act entitled ‘‘An Act for the relief of Doctor Ri- 13 14 cardo Vallejo Samala and to provide for congressional re- 15 districting’’, approved December 14, 1967 (2 U.S.C. 2c), 16 is amended by adding at the end the following: ‘‘A State which has been redistricted in the manner provided by law 17 after an apportionment under section 22(a) of the Act en- 18 titled ‘An Act to provide for the fifteenth and subsequent 19 20 decennial censuses and to provide for an apportionment of Representatives in Congress’, approved June 18, 1929 21 22 (2 U.S.C. 2a), may not be redistricted again until after 23 the next apportionment of Representatives under such sec- tion, unless a court requires the State to conduct such 24 subsequent redistricting to comply with the Constitution 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

197 G:\P\16\HR1\INTRO.XML 197 or to enforce the Voting Rights Act of 1965 (52 U.S.C. 1 2 10301 et seq.).’’. SEC. 2402. REQUIRING CONGRESSIONAL REDISTRICTING 3 4 TO BE CONDUCTED THROUGH PLAN OF INDE- 5 PENDENT STATE COMMISSION. (a) U LAN R EQUIRED .—Notwithstanding any SE OF P 6 7 other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance 8 with— 9 (1) the redistricting plan developed and enacted 10 into law by the independent redistricting commission 11 established in the State, in accordance with part 2; 12 13 or 14 (2) if a plan developed by such commission is 15 not enacted into law, the redistricting plan developed and enacted into law by a 3-judge court of the 16 United States District Court for the District of Co- 17 lumbia, in accordance with section 2421. 18 (b) C MENDMENT .—Section 22(c) of 19 A ONFORMING 20 the Act entitled ‘‘An Act to provide for the fifteenth and 21 subsequent decennial censuses and to provide for an ap- 22 portionment of Representatives in Congress’’, approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking 23 24 ‘‘in the manner provided by the law thereof’’ and insert- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

198 G:\P\16\HR1\INTRO.XML 198 ing: ‘‘in the manner provided by the Redistricting Reform 1 2 Act of 2019’’. PART 2—INDEPENDENT REDISTRICTING 3 4 COMMISSIONS 5 SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION. (a) A EMBERS .— 6 PPOINTMENT OF M (1) I .—The nonpartisan agency es- N GENERAL 7 8 tablished or designated by a State under section 2414(a) shall establish an independent redistricting 9 10 commission for the State, which shall consist of 15 members appointed by the agency as follows: 11 12 (A) The agency shall first appoint 6 mem- 13 bers as follows: 14 (i) The agency shall appoint 2 mem- bers on a random basis from the majority 15 category of the approved selection pool (as 16 described in section 2412(b)(1)(A)). 17 18 (ii) The agency shall appoint 2 mem- bers on a random basis from the minority 19 20 category of the approved selection pool (as 21 described in section 2412(b)(1)(B)). 22 (iii) The agency shall appoint 2 mem- bers on a random basis from the inde- 23 24 pendent category of the approved selection g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

199 G:\P\16\HR1\INTRO.XML 199 pool (as described in section 1 2 2412(b)(1)(C)). (B) The members appointed by the agency 3 4 under subparagraph (A) shall then appoint 9 members as follows: 5 6 (i) The members shall appoint 3 mem- bers on a random basis from the majority 7 category of the approved selection pool (as 8 described in section 2412(b)(1)(A)). 9 (ii) The members shall appoint 3 10 11 members on a random basis from the mi- nority category of the approved selection 12 13 pool (as described in section 2412(b)(1)(B)). 14 15 (iii) The members shall appoint 3 16 members on a random basis from the inde- 17 pendent category of the approved selection pool (as described in section 18 2412(b)(1)(C)). 19 (2) A 20 PPOINTMENT OF ALTERNATES TO SERVE .— 21 IN CASE OF VACANCIES (A) M .— 22 EMBERS APPOINTED BY AGENCY At the time the agency appoints the members 23 of the independent redistricting commission 24 25 under subparagraph (A) of paragraph (1) from g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

200 G:\P\16\HR1\INTRO.XML 200 each of the categories referred to in such sub- 1 2 paragraph, the agency shall, on a random basis, designate 2 other individuals from such cat- 3 4 egory to serve as alternate members who may be appointed to fill vacancies in the commission 5 in accordance with paragraph (3). 6 (B) M 7 EMBERS APPOINTED BY FIRST MEM - 8 BERS .—At the time the members appointed by the agency appoint the other members of the 9 independent redistricting commission under 10 subparagraph (B) of paragraph (1) from each 11 of the categories referred to in such subpara- 12 graph, the members shall, on a random basis, 13 14 designate 2 other individuals from such cat- 15 egory to serve as alternate members who may 16 be appointed to fill vacancies in the commission in accordance with paragraph (3). 17 (3) V ACANCY .— 18 (A) M 19 .—If EMBERS APPOINTED BY AGENCY a vacancy occurs in the commission with respect 20 21 to a member who was appointed by the non- 22 partisan agency under subparagraph (A) of 23 paragraph (1) from one of the categories re- ferred to in such subparagraph, the agency 24 25 shall fill the vacancy by appointing, on a ran- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

201 G:\P\16\HR1\INTRO.XML 201 dom basis, one of the 2 alternates from such 1 2 category who was designated under subpara- graph (A) of paragraph (2). At the time the 3 4 agency appoints an alternate to fill a vacancy under the previous sentence, the agency shall 5 6 designate, on a random basis, another indi- vidual from the same category to serve as an al- 7 ternate member, in accordance with subpara- 8 9 graph (A) of paragraph (2). (B) M - 10 EMBERS APPOINTED BY FIRST MEM BERS 11 .—If a vacancy occurs in the commission with respect to a member who was appointed by 12 13 the first members of the commission under sub- 14 paragraph (B) of paragraph (1) from one of the 15 categories referred to in such subparagraph, the first members shall fill the vacancy by appoint- 16 ing, on a random basis, one of the 2 alternates 17 from such category who was designated under 18 19 subparagraph (B) of paragraph (2). At the time the first members appoint an alternate to fill a 20 21 vacancy under the previous sentence, the first 22 members shall designate, on a random basis, 23 another individual from the same category to serve as an alternate member, in accordance 24 25 with subparagraph (B) of paragraph (2). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

202 G:\P\16\HR1\INTRO.XML 202 1 PECIAL RULES FOR APPOINTMENT OF (4) S MEMBERS APPOINTED BY FIRST MEMBERS 2 .—The appointment of any of the 9 members of the inde- 3 4 pendent redistricting commission who are appointed by the first members of the commission pursuant to 5 subparagraph (B) of paragraph (1), as well as the 6 appointment of alternates for such members pursu- 7 ant to subparagraph (B) of paragraph (2) and the 8 9 appointment of members to fill vacancies with re- spect to such members pursuant to subparagraph 10 11 (B) of paragraph (3), shall require the affirmative vote of at least 4 of the members appointed by the 12 13 nonpartisan agency under subparagraph (A) of para- 14 graph (1), including at least one member from each 15 of the categories referred to in such subparagraph. The 9 members appointed pursuant to subparagraph 16 (B) of paragraph (1), as well as the alternates ap- 17 pointed pursuant to subparagraph (B) of paragraph 18 19 (2) and the members appointed to fill vacancies pur- suant to subparagraph (B) of paragraph (3), shall 20 21 be selected, if necessary, to ensure that the commis- 22 sion as a whole reflects the demographic and geo- 23 graphic diversity of the State, including racial and language minorities protected under the Voting 24 25 Rights Act, and that such minorities are provided g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

203 G:\P\16\HR1\INTRO.XML 203 with a meaningful opportunity to participate in the 1 2 development and enactment of the State’s redis- tricting plan. 3 (b) P OMMISSION C 4 ONDUCTING ROCEDURES FOR C B 5 USINESS .— (1) C .—Members of an independent redis- HAIR 6 7 tricting commission established under this section shall select by majority vote one member who was 8 appointed from the independent category of the ap- 9 proved selection pool described in section 10 2412(b)(1)(C) to serve as chair of the commission. 11 12 The commission may not take any action to develop 13 a redistricting plan for the State under section 2413 14 until the appointment of the commission’s chair. (2) R - 15 EQUIRING MAJORITY APPROVAL FOR AC 16 TIONS .—The independent redistricting commission 17 of a State may not publish and disseminate any draft or final redistricting plan, or take any other 18 action, without the approval of at least— 19 20 (A) a majority of the whole membership of 21 the commission; and 22 (B) at least one member of the commission appointed from each of the categories of the ap- 23 proved selection pool described in section 24 25 2412(b)(1). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

204 G:\P\16\HR1\INTRO.XML 204 .—A majority of the members of 1 UORUM (3) Q the commission shall constitute a quorum. 2 (c) S TAFF 3 ONTRACTORS ; C .— (1) S 4 .—The independent redistricting TAFF commission of a State may appoint and set the pay 5 of such staff as it considers appropriate, subject to 6 State law. 7 (2) C .—The independent redis- 8 ONTRACTORS tricting commission of a State may enter into such 9 contracts with vendors as it considers appropriate, 10 subject to State law, except that any such contract 11 12 shall be valid only if approved by the vote of a ma- 13 jority of the members of the commission, including 14 at least one member appointed from each of the cat- egories of the approved selection pool described in 15 section 2412(b)(1). 16 (3) G OAL OF IMPARTIALITY .—The commission 17 18 shall take such steps as it considers appropriate to ensure that any staff appointed under this sub- 19 20 section, and any vendor with whom the commission 21 enters into a contract under this subsection, will 22 work in an impartial manner, and may require any person who applies for an appointment to a staff po- 23 sition or for a vendor’s contract with the commission 24 25 to provide information on the person’s history of po- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

205 G:\P\16\HR1\INTRO.XML 205 litical activity (including donations to candidates, po- 1 2 litical committees, and political parties) as a condi- tion of the appointment or the contract. 3 (d) T ERMINATION 4 .— (1) I .—The independent redis- 5 N GENERAL tricting commission of a State shall terminate on the 6 earlier of— 7 8 (A) June 14 of the following year ending in the numeral zero; or 9 10 (B) the day on which the nonpartisan agency established or designated by a State 11 12 under section 2414(a) has, in accordance with 13 section 2412(b)(1), submitted a selection pool 14 to the Select Committee on Redistricting for the State established under section 2414(b). 15 (2) P 16 RESERVATION OF RECORDS .—The State 17 shall ensure that the records of the independent re- districting commission are retained in the appro- 18 19 priate State archive in such manner as may be nec- 20 essary to enable the State to respond to any civil ac- tion brought with respect to Congressional redis- 21 tricting in the State. 22 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

206 G:\P\16\HR1\INTRO.XML 206 SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDI- 1 2 VIDUALS ELIGIBLE TO SERVE AS MEMBERS OF COMMISSION. 3 (a) C RITERIA FOR E .— 4 LIGIBILITY (1) I 5 N GENERAL .—An individual is eligible to serve as a member of an independent redistricting 6 commission if the individual meets each of the fol- 7 8 lowing criteria: (A) As of the date of appointment, the in- 9 10 dividual is registered to vote in elections for Federal office held in the State. 11 12 (B) During the 3-year period ending on 13 the date of the individual’s appointment, the in- 14 dividual has been continuously registered to vote with the same political party, or has not 15 been registered to vote with any political party. 16 (C) The individual submits to the non- 17 18 partisan agency established or designated by a State under section 2413, at such time and in 19 20 such form as the agency may require, an appli- 21 cation for inclusion in the selection pool under 22 this section, and includes with the application a written statement containing the following in- 23 24 formation and assurances: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

207 G:\P\16\HR1\INTRO.XML 207 (i) A statement of the political party 1 2 with which the individual is affiliated, if any. 3 4 (ii) An assurance that the individual shall commit to carrying out the individ- 5 6 ual’s duties under this subtitle in an hon- est, independent, and impartial fashion, 7 and to upholding public confidence in the 8 9 integrity of the redistricting process. (iii) An assurance that, during the 10 covered periods described in paragraph (3), 11 12 the individual has not taken and will not take any action which would disqualify the 13 14 individual from serving as a member of the 15 commission under paragraph (2). (2) D .—An individual is not ISQUALIFICATIONS 16 eligible to serve as a member of the commission if 17 any of the following applies during any of the cov- 18 19 ered periods described in paragraph (3): (A) The individual or (in the case of the 20 21 covered periods described in subparagraphs (A) 22 and (B) of paragraph (3)) an immediate family member of the individual holds public office or 23 is a candidate for election for public office. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

208 G:\P\16\HR1\INTRO.XML 208 (B) The individual or (in the case of the 1 2 covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family 3 4 member of the individual serves as an officer of a political party or as an officer, employee, or 5 6 paid consultant of a campaign committee of a candidate for public office. 7 (C) The individual or (in the case of the 8 9 covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family 10 member of the individual holds a position as a 11 12 registered lobbyist under the Lobbying Disclo- sure Act of 1995 (2 U.S.C. 1601 et seq.) or an 13 14 equivalent State or local law. 15 (D) The individual or (in the case of the 16 covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family 17 member of the individual is an employee of an 18 elected public official, a contractor with the leg- 19 20 islature of the State, or a donor to the cam- paign of any candidate for public office (other 21 22 than a donor who, during any of such covered 23 periods, gives an aggregate amount of $20,000 or less to the campaigns of all candidates for all 24 public offices). 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

209 G:\P\16\HR1\INTRO.XML 209 .—In this 1 OVERED PERIODS DESCRIBED (3) C subsection, the term ‘‘covered period’’ means, with 2 3 respect to the appointment of an individual to the 4 commission, any of the following: (A) The 5-year period ending on the date 5 6 of the individual’s appointment. 7 (B) The period beginning on the date of 8 the individual’s appointment and ending on Au- gust 14 of the next year ending in the numeral 9 10 one. (C) The 5-year period beginning on the 11 day after the last day of the period described in 12 subparagraph (B). 13 (4) I 14 MMEDIATE FAMILY MEMBER DEFINED .—In this subsection, the term ‘‘immediate family mem- 15 16 ber’’ means, with respect to an individual, a father, 17 stepfather, mother, stepmother, son, stepson, daugh- 18 ter, stepdaughter, brother, stepbrother, sister, step- sister, husband, wife, father-in-law, or mother-in- 19 law. 20 (b) D EVELOPMENT AND S ELECTION 21 S UBMISSION OF P .— 22 OOL (1) I N GENERAL 23 .—Not later than June 15 of each year ending in the numeral zero, the non- 24 25 partisan agency established or designated by a State g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

210 G:\P\16\HR1\INTRO.XML 210 under section 2414(a) shall develop and submit to 1 2 the Select Committee on Redistricting for the State established under section 2414(b) a selection pool of 3 4 36 individuals who are eligible to serve as members of the independent redistricting commission of the 5 6 State under this subtitle, consisting of individuals in the following categories: 7 (A) A majority category, consisting of 12 8 9 individuals who are affiliated with the political party with the largest percentage of the reg- 10 istered voters in the State who are affiliated 11 12 with a political party (as determined with re- spect to the most recent Statewide election for 13 14 Federal office held in the State for which such 15 information is available). 16 (B) A minority category, consisting of 12 individuals who are affiliated with the political 17 party with the second largest percentage of the 18 19 registered voters in the State who are affiliated with a political party (as so determined). 20 21 (C) An independent category, consisting of 22 12 individuals who are not affiliated with either of the political parties described in subpara- 23 graph (A) or subparagraph (B). 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

211 G:\P\16\HR1\INTRO.XML 211 - 1 ACTORS TAKEN INTO ACCOUNT IN DEVEL (2) F OPING POOL .—In selecting individuals for the selec- 2 tion pool under this subsection, the nonpartisan 3 4 agency shall— (A) to the maximum extent practicable, en- 5 6 sure that the pool reflects the representative de- mographic groups (including races, ethnicities, 7 and genders) and geographic regions of the 8 State; and 9 10 (B) take into consideration the analytical skills of the individuals selected in relevant 11 fields (including mapping, data management, 12 law, community outreach, demography, and the 13 geography of the State) and their ability to 14 15 work on an impartial basis. (3) D ETERMINATION OF POLITICAL PARTY AF - 16 17 .— FILIATION OF INDIVIDUALS IN SELECTION POOL 18 For purposes of this section, an individual shall be considered to be affiliated with a political party on 19 20 the basis of the information the individual provides in the application submitted under subsection 21 22 (a)(1)(D). (4) E NCOURAGING RESIDENTS TO APPLY FOR 23 INCLUSION IN POOL .—The nonpartisan agency shall 24 25 take such steps as may be necessary to ensure that g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

212 G:\P\16\HR1\INTRO.XML 212 residents of the State across various geographic re- 1 2 gions and demographic groups are aware of the op- portunity to serve on the independent redistricting 3 4 commission, including publicizing the role of the panel and using newspapers, broadcast media, and 5 6 online sources, including ethnic media, to encourage individuals to apply for inclusion in the selection 7 pool developed under this subsection. 8 (5) R - EPORT ON ESTABLISHMENT OF SELEC 9 10 .—At the time the nonpartisan agency TION POOL submits the selection pool to the Select Committee 11 on Redistricting under paragraph (1), it shall pub- 12 lish a report describing the process by which the 13 14 pool was developed, and shall include in the report 15 a description of how the individuals in the pool meet 16 the eligibility criteria of subsection (a) and of how the pool reflects the factors the agency is required 17 to take into consideration under paragraph (2). 18 (6) A CTION BY SELECT COMMITTEE .— 19 (A) I N GENERAL .—Not later than 14 days 20 21 after receiving the selection pool from the non- 22 partisan agency under paragraph (1), the Select 23 Committee on Redistricting shall— (i) approve the pool as submitted by 24 25 the nonpartisan agency, in which case the g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

213 G:\P\16\HR1\INTRO.XML 213 pool shall be considered the approved selec- 1 2 tion pool for purposes of section 2411(a)(1); or 3 4 (ii) reject the pool, in which case the 5 nonpartisan agency shall develop and sub- 6 mit a replacement selection pool in accord- 7 ance with subsection (c). (B) I 8 NACTION DEEMED REJECTION .—If 9 the Select Committee on Redistricting fails to approve or reject the pool within the deadline 10 set forth in subparagraph (A), the Select Com- 11 mittee shall be deemed to have rejected the pool 12 for purposes of such subparagraph. 13 (c) D R EPLACEMENT S ELECTION 14 EVELOPMENT OF P OOL .— 15 (1) I .—If the Select Committee on N GENERAL 16 Redistricting rejects the selection pool submitted by 17 the nonpartisan agency under subsection (b), not 18 19 later than 14 days after the rejection, the non- partisan agency shall develop and submit to the Se- 20 21 lect Committee a replacement selection pool, under 22 the same terms and conditions that applied to the 23 development and submission of the selection pool under paragraphs (1) through (5) of subsection (b). 24 25 The replacement pool submitted under this para- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

214 G:\P\16\HR1\INTRO.XML 214 graph may include individuals who were included in 1 2 the rejected selection pool submitted under sub- section (b), so long as at least one of the individuals 3 4 in the replacement pool was not included in such re- 5 jected pool. (2) A 6 CTION BY SELECT COMMITTEE .— (A) I 7 N GENERAL .—Not later than 14 days 8 after receiving the replacement selection pool from the nonpartisan agency under paragraph 9 (1), the Select Committee on Redistricting 10 11 shall— (i) approve the pool as submitted by 12 13 the nonpartisan agency, in which case the 14 pool shall be considered the approved selec- 15 tion pool for purposes of section 2411(a)(1); or 16 (ii) reject the pool, in which case the 17 nonpartisan agency shall develop and sub- 18 19 mit a second replacement selection pool in accordance with subsection (d). 20 (B) I .—If 21 NACTION DEEMED REJECTION 22 the Select Committee on Redistricting fails to approve or reject the pool within the deadline 23 set forth in subparagraph (A), the Select Com- 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

215 G:\P\16\HR1\INTRO.XML 215 mittee shall be deemed to have rejected the pool 1 2 for purposes of such subparagraph. (d) D ECOND R EPLACEMENT E - 3 S EVELOPMENT OF S OOL .— 4 LECTION P (1) I .—If the Select Committee on N GENERAL 5 6 Redistricting rejects the replacement selection pool submitted by the nonpartisan agency under sub- 7 section (c), not later than 14 days after the rejec- 8 tion, the nonpartisan agency shall develop and sub- 9 10 mit to the Select Committee a second replacement selection pool, under the same terms and conditions 11 12 that applied to the development and submission of 13 the selection pool under paragraphs (1) through (5) 14 of subsection (b). The second replacement selection pool submitted under this paragraph may include in- 15 dividuals who were included in the rejected selection 16 pool submitted under subsection (b) or the rejected 17 replacement selection pool submitted under sub- 18 19 section (c), so long as at least one of the individuals in the replacement pool was not included in either 20 such rejected pool. 21 (2) A .— 22 CTION BY SELECT COMMITTEE (A) I N GENERAL .—Not later than 14 days 23 24 after receiving the second replacement selection 25 pool from the nonpartisan agency under para- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

216 G:\P\16\HR1\INTRO.XML 216 graph (1), the Select Committee on Redis- 1 2 tricting shall— (i) approve the pool as submitted by 3 4 the nonpartisan agency, in which case the pool shall be considered the approved selec- 5 6 tion pool for purposes of section 2411(a)(1); or 7 (ii) reject the pool, in which case— 8 9 (I) the nonpartisan agency shall not develop or submit any other selec- 10 tion pool for purposes of this subtitle; 11 12 and (II) the United States District 13 14 Court for the District of Columbia 15 shall develop and enact the redis- 16 tricting plan for the State, in accord- ance with section 2421. 17 (B) I NACTION DEEMED REJECTION 18 .—If the Select Committee on Redistricting fails to 19 20 approve or reject the pool within the deadline 21 set forth in subparagraph (A), the Select Com- mittee shall be deemed to have rejected the pool 22 for purposes of such subparagraph. 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

217 G:\P\16\HR1\INTRO.XML 217 SEC. 2413. CRITERIA FOR REDISTRICTING PLAN BY INDE- 1 2 PENDENT COMMISSION; PUBLIC NOTICE AND INPUT. 3 (a) D .— LAN R 4 EDISTRICTING EVELOPMENT OF P (1) C 5 RITERIA .—In developing a redistricting plan of a State, the independent redistricting com- 6 mission of a State shall establish single-member con- 7 8 gressional districts using the following criteria as set forth in the following order of priority: 9 (A) Districts shall comply with the United 10 States Constitution, including the requirement 11 that they equalize total population. 12 13 (B) Districts shall comply with the Voting 14 Rights Act of 1965 (52 U.S.C. 10301 et seq.) 15 and all applicable Federal laws. (C) Districts shall provide racial, ethnic, 16 and language minorities with an equal oppor- 17 tunity to participate in the political process and 18 to elect candidates of choice and shall not dilute 19 20 or diminish their ability to elect candidates of choice whether alone or in coalition with others. 21 22 (D) Districts shall minimize the division of 23 communities of interest, neighborhoods, and po- 24 litical subdivisions to the extent practicable. A community of interest is defined as an area 25 26 with recognized similarities of interests, includ- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

218 G:\P\16\HR1\INTRO.XML 218 ing but not limited to ethnic, economic, social, 1 2 cultural, geographic or historic identities. The term communities of interest may, in cir- 3 4 cumstances, include political subdivisions such 5 as counties, municipalities, or school districts, 6 but shall not include common relationships with political parties, officeholders, or political can- 7 8 didates. (2) N 9 O FAVORING OR DISFAVORING OF POLIT - 10 ICAL PARTIES .—The redistricting plan developed by the independent redistricting commission shall not, 11 12 when considered on a Statewide basis, unduly favor or disfavor any political party. 13 (3) F - 14 ACTORS PROHIBITED FROM CONSIDER .—In developing the redistricting plan for the ATION 15 State, the independent redistricting commission may 16 not take into consideration any of the following fac- 17 tors, except to the extent necessary to comply with 18 the Voting Rights Act of 1965: 19 20 (A) The political party affiliation or voting history of the population of a district. 21 22 (B) The residence of any Member of the 23 House of Representatives or candidate. (b) P N OTICE AND I NPUT .— 24 UBLIC g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

219 G:\P\16\HR1\INTRO.XML 219 - 1 SE OF OPEN AND TRANSPARENT PROC (1) U ESS 2 .—The independent redistricting commission of a State shall hold each of its meetings in public, shall 3 4 solicit and take into consideration comments from the public throughout the process of developing the 5 redistricting plan for the State, and shall carry out 6 its duties in an open and transparent manner which 7 provides for the widest public dissemination reason- 8 9 ably possible of its proposed and final redistricting plans. 10 (2) W EBSITE .—The commission shall maintain 11 12 a public Internet site which is not affiliated with or 13 maintained by the office of any elected official and 14 which includes the following features: (A) General information on the commission 15 and its members, including contact information. 16 (B) An updated schedule of commission 17 18 hearings and activities, including deadlines for the submission of comments. 19 20 (C) All draft redistricting plans developed 21 by the commission under subsection (c) and the final redistricting plan developed under sub- 22 section (d). 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

220 G:\P\16\HR1\INTRO.XML 220 (D) Live streaming of commission hearings 1 2 and an archive of previous meetings and other commission records. 3 4 (E) A method by which members of the public may submit comments directly to the 5 6 commission. (F) Access to the demographic data used 7 by the commission to develop the proposed re- 8 districting plans, together with any software 9 used to draw maps of proposed districts. 10 (3) P .—The commis- 11 UBLIC COMMENT PERIOD 12 sion shall solicit, accept, and consider comments from the public with respect to its duties, activities, 13 14 and procedures at any time during the period— 15 (A) which begins on January 1 of the year 16 ending in the numeral one; and (B) which ends 7 days before the date of 17 the meeting at which the commission shall vote 18 on approving the final redistricting plan for en- 19 20 actment into law under subsection (d)(2). (4) M - 21 EETINGS AND HEARINGS IN VARIOUS GEO .—To the greatest extent prac- 22 GRAPHIC LOCATIONS ticable, the commission shall hold its meetings and 23 hearings in various geographic regions and locations 24 25 throughout the State. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

221 G:\P\16\HR1\INTRO.XML 221 P RELIMI - 1 UBLICATION OF EVELOPMENT AND P (c) D EDISTRICTING LAN .— 2 R NARY P (1) I 3 N GENERAL .—Prior to developing and pub- lishing a final redistricting plan under subsection 4 (d), the independent redistricting commission of a 5 6 State shall develop and publish a preliminary redis- tricting plan. 7 (2) M 8 INIMUM PUBLIC HEARINGS PRIOR TO DE - 9 .— VELOPMENT (A) 3 .—Prior to de- 10 HEARINGS REQUIRED 11 veloping a preliminary redistricting plan under 12 this subsection, the commission shall hold not fewer than 3 public hearings at which members 13 of the public may provide input and comments 14 regarding the potential contents of redistricting 15 plans for the State and the process by which 16 17 the commission will develop the preliminary plan under this subsection. 18 (B) M 19 INIMUM PERIOD FOR NOTICE PRIOR .—The commission shall notify 20 TO HEARINGS the public through the website maintained 21 under subsection (b)(2), as well as through pub- 22 lication of notice in newspapers of general cir- 23 24 culation throughout the State, of the date, time, 25 and location of each of the hearings held under g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

222 G:\P\16\HR1\INTRO.XML 222 this paragraph not fewer than 14 days prior to 1 2 the date of the hearing. (3) P 3 UBLICATION OF PRELIMINARY PLAN .— (A) I N GENERAL .—The commission shall 4 post the preliminary redistricting plan devel- 5 6 oped under this subsection, together with a re- port that includes the commission’s responses 7 to any public comments received under sub- 8 section (b)(3), on the website maintained under 9 10 subsection (b)(2), and shall provide for the pub- lication of each such plan in newspapers of gen- 11 eral circulation throughout the State. 12 (B) M INIMUM PERIOD FOR NOTICE PRIOR 13 .—Not fewer than 14 days 14 TO PUBLICATION 15 prior to the date on which the commission posts 16 and publishes the preliminary plan under this paragraph, the commission shall notify the pub- 17 lic through the website maintained under sub- 18 section (b)(2), as well as through publication of 19 20 notice in newspapers of general circulation throughout the State, of the pending publica- 21 22 tion of the plan. (4) M INIMUM PERIOD FOR PUBLIC COMMENT 23 AFTER PUBLICATION OF PLAN .—The commission 24 25 shall accept and consider comments from the public g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

223 G:\P\16\HR1\INTRO.XML 223 with respect to the preliminary redistricting plan 1 2 published under paragraph (3) for not fewer than 30 days after the date on which the plan is published. 3 (5) P OST 4 PUBLICATION HEARINGS - .— (A) 3 5 .—After post- HEARINGS REQUIRED ing and publishing the preliminary redistricting 6 plan under paragraph (3), the commission shall 7 hold not fewer than 3 public hearings at which 8 9 members of the public may provide input and comments regarding the preliminary plan. 10 (B) M INIMUM PERIOD FOR NOTICE PRIOR 11 .—The commission shall notify 12 TO HEARINGS 13 the public through the website maintained 14 under subsection (b)(2), as well as through pub- 15 lication of notice in newspapers of general cir- culation throughout the State, of the date, time, 16 and location of each of the hearings held under 17 this paragraph not fewer than 14 days prior to 18 19 the date of the hearing. (6) P MULTIPLE PRELIMINARY 20 ERMITTING .—At the option of the commission, after de- 21 PLANS veloping and publishing the preliminary redistricting 22 plan under this subsection, the commission may de- 23 24 velop and publish subsequent preliminary redis- 25 tricting plans, so long as the process for the develop- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

224 G:\P\16\HR1\INTRO.XML 224 ment and publication of each such subsequent plan 1 2 meets the requirements set forth in this subsection for the development and publication of the first pre- 3 4 liminary redistricting plan. (d) P F INAL ROCESS FOR EDIS - 5 E NACTMENT OF R LAN .— 6 TRICTING P (1) I 7 N GENERAL .—After taking into consider- 8 ation comments from the public on any preliminary redistricting plan developed and published under 9 subsection (c), the independent redistricting commis- 10 sion of a State shall develop and publish a final re- 11 12 districting plan for the State. (2) M EETING .—Not later than 13 ; FINAL VOTE 14 August 15 of each year ending in the numeral one, the commission shall hold a public hearing at which 15 the members of the commission shall vote on approv- 16 17 ing the final plan for enactment into law. (3) P UBLICATION OF PLAN AND ACCOMPANYING 18 .—Not fewer than 14 days before the 19 MATERIALS 20 date of the meeting under paragraph (2), the com- 21 mission shall provide the following information to the public through the website maintained under 22 subsection (b)(2), as well as through newspapers of 23 24 general circulation throughout the State: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

225 G:\P\16\HR1\INTRO.XML 225 (A) The final redistricting plan, including 1 2 all relevant maps. (B) A report by the commission to accom- 3 4 pany the plan which provides the background for the plan and the commission’s reasons for 5 6 selecting the plan as the final redistricting plan, including responses to the public comments re- 7 ceived on any preliminary redistricting plan de- 8 veloped and published under subsection (c). 9 (C) Any dissenting or additional views with 10 11 respect to the plan of individual members of the commission. 12 (4) E NACTMENT .—The final redistricting plan 13 14 developed and published under this subsection shall 15 be deemed to be enacted into law if— 16 (A) the plan is approved by a majority of the whole membership of the commission; and 17 (B) at least one member of the commission 18 appointed from each of the categories of the ap- 19 20 proved selection pool described in section 2412(b)(1) approves the plan. 21 (e) D .—The independent redistricting com- 22 EADLINE 23 mission of a State shall approve a final redistricting plan for the State not later than August 15 of each year ending 24 in the numeral one. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

226 G:\P\16\HR1\INTRO.XML 226 SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES. 1 (a) E N - 2 D ON STABLISHMENT OR ESIGNATION OF S PARTISAN L EGISLATURE .— 3 A GENCY OF TATE (1) I 4 N GENERAL .—Each State shall establish a 5 nonpartisan agency in the legislative branch of the State government to appoint the members of the 6 independent redistricting commission for the State 7 in accordance with section 2411. 8 (2) N ONPARTISANSHIP DESCRIBED .—For pur- 9 10 poses of this subsection, an agency shall be consid- ered to be nonpartisan if under law the agency— 11 12 (A) is required to provide services on a 13 nonpartisan basis; 14 (B) is required to maintain impartiality; and 15 (C) is prohibited from advocating for the 16 adoption or rejection of any legislative proposal. 17 (3) D 18 ESIGNATION OF EXISTING AGENCY .—At 19 its option, a State may designate an existing agency in the legislative branch of its government to appoint 20 21 the members of the independent redistricting com- 22 mission plan for the State under this subtitle, so 23 long as the agency meets the requirements for non- partisanship under this subsection. 24 (4) T 25 ERMINATION OF AGENCY SPECIFICALLY .—If a State does 26 ESTABLISHED FOR REDISTRICTING g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

227 G:\P\16\HR1\INTRO.XML 227 not designate an existing agency under paragraph 1 2 (3) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new 3 4 agency shall terminate upon the enactment into law 5 of the redistricting plan for the State. (5) D .—The State shall meet the re- EADLINE 6 7 quirements of this subsection not later than each August 15 of a year ending in the numeral nine. 8 (b) E S C OMMITTEE ON R E - ELECT STABLISHMENT OF 9 .— 10 DISTRICTING (1) I .—Each State shall appoint a 11 N GENERAL 12 Select Committee on Redistricting to approve or dis- 13 approve a selection pool developed by the inde- pendent redistricting commission for the State under 14 section 2412. 15 (2) A PPOINTMENT .—The Select Committee on 16 17 Redistricting for a State under this subsection shall consist of the following members: 18 19 (A) 1 member of the upper house of the 20 State legislature, who shall be appointed by the 21 leader of the party with the greatest number of seats in the upper house. 22 (B) 1 member of the upper house of the 23 24 State legislature, who shall be appointed by the g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

228 G:\P\16\HR1\INTRO.XML 228 leader of the party with the second greatest 1 2 number of seats in the upper house. (C) 1 member of the lower house of the 3 4 State legislature, who shall be appointed by the leader of the party with the greatest number of 5 6 seats in the lower house. (D) 1 member of the lower house of the 7 State legislature, who shall be appointed by the 8 9 leader of the party with the second greatest number of seats in the lower house. 10 (3) S PECIAL RULE FOR STATES WITH UNICAM - 11 ERAL LEGISLATURE .—In the case of a State with a 12 13 unicameral legislature, the Select Committee on Re- 14 districting for the State under this subsection shall 15 consist of the following members: (A) 2 members of the State legislature ap- 16 pointed by the leader of the party with the 17 greatest number of seats in the legislature. 18 19 (B) 2 members of the State legislature ap- pointed by the leader of the party with the sec- 20 21 ond greatest number of seats in legislature. (4) D EADLINE 22 .—The State shall meet the re- quirements of this subsection not later than each 23 24 January 15 of a year ending in the numeral zero. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

229 G:\P\16\HR1\INTRO.XML 229 PART 3—ROLE OF COURTS IN DEVELOPMENT OF 1 2 REDISTRICTING PLANS SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE 3 4 COURT. (a) D .—If any of the trig- 5 EVELOPMENT OF P LAN 6 gering events described in subsection (c) occur with re- 7 spect to a State— (1) not later than December 15 of the year in 8 9 which the triggering event occurs, the United States District Court for the District of Columbia, acting 10 through a 3-judge court convened pursuant to sec- 11 tion 2284 of title 28, United States Code, shall de- 12 velop and publish the congressional redistricting 13 14 plan for the State; and (2) the plan developed and published by the 15 16 Court under this subsection shall be deemed to be 17 enacted on the date on which the Court publishes 18 the plan. (b) P EVELOPMENT OF P LAN .— ROCEDURES FOR D 19 (1) C RITERIA .—It is the sense of Congress 20 21 that, in developing a redistricting plan for a State 22 under this section, the Court should adhere to the 23 same terms and conditions that applied (or that would have applied, as the case may be) to the devel- 24 opment of a plan by the independent redistricting 25 26 commission of the State under section 2413(a). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

230 G:\P\16\HR1\INTRO.XML 230 1 CCESS TO INFORMATION AND RECORDS OF (2) A COMMISSION .—The Court shall have access to any 2 information, data, software, or other records and 3 4 material that was used (or that would have been used, as the case may be) by the independent redis- 5 6 tricting commission of the State in carrying out its duties under this subtitle. 7 (c) T VENTS D ESCRIBED .—The ‘‘trig- E RIGGERING 8 9 gering events’’ described in this subsection are as follows: (1) The failure of the State to establish or des- 10 11 ignate a nonpartisan agency of the State legislature 12 under section 2414(a) prior to the expiration of the 13 deadline set forth in section 2414(a)(5). (2) The failure of the State to appoint a Select 14 Committee on Redistricting under section 2414(b) 15 prior to the expiration of the deadline set forth in 16 section 2414(b)(4). 17 18 (3) The failure of the Select Committee on Re- districting to approve any selection pool under sec- 19 20 tion 2412 prior to the expiration of the deadline set 21 forth for the approval of the second replacement se- 22 lection pool in section 2412(d)(2). (4) The failure of the independent redistricting 23 24 commission of the State to approve a final redis- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

231 G:\P\16\HR1\INTRO.XML 231 tricting plan for the State prior to the expiration of 1 2 the deadline set forth in section 2413(e). SEC. 2422. SPECIAL RULE FOR REDISTRICTING CON- 3 4 DUCTED UNDER ORDER OF FEDERAL COURT. If a Federal court requires a State to conduct redis- 5 6 tricting subsequent to an apportionment of Representa- tives in the State in order to comply with the Constitution 7 or to enforce the Voting Rights Act of 1965, section 2413 8 shall apply with respect to the redistricting, except that 9 the court may revise any of the deadlines set forth in such 10 11 section if the court determines that a revision is appro- priate in order to provide for a timely enactment of a new 12 13 redistricting plan for the State. PART 4—ADMINISTRATIVE AND MISCELLANEOUS 14 15 PROVISIONS 16 SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT RE- 17 DISTRICTING. (a) A AYMENTS .—Subject to sub- 18 UTHORIZATION OF P 19 section (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance 20 21 Commission shall make a payment to the State in an 22 amount equal to the product of— 23 (1) the number of Representatives to which the State is entitled, as provided under the notice; and 24 25 (2) $150,000. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

232 G:\P\16\HR1\INTRO.XML 232 F 1 UNDS SE OF .—A State shall use the payment (b) U 2 made under this section to establish and operate the 3 State’s independent redistricting commission, to imple- 4 ment the State redistricting plan, and to otherwise carry out Congressional redistricting in the State. 5 (c) N AYMENT TO S TATES W O S INGLE M EM - 6 P ITH .—The Election Assistance Commission shall not BER 7 8 make a payment under this section to any State which is not entitled to more than one Representative under its 9 State apportionment notice. 10 (d) R S UBMISSION OF S ELECTION P OOL AS 11 EQUIRING C ONDITION OF .—The Election Assistance Com- 12 P AYMENT 13 mission may not make a payment to a State under this section until the State certifies to the Commission that 14 the nonpartisan agency established or designated by a 15 State under section 2414(a) has, in accordance with sec- 16 tion 2412(b)(1), submitted a selection pool to the Select 17 Committee on Redistricting for the State established 18 under section 2414(b). 19 (e) A A PPROPRIATIONS .—There 20 UTHORIZATION OF 21 are authorized to be appropriated such sums as may be 22 necessary for payments under this section. SEC. 2432. CIVIL ENFORCEMENT. 23 (a) C E NFORCEMENT .— 24 IVIL g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

233 G:\P\16\HR1\INTRO.XML 233 .—The At- 1 CTIONS BY ATTORNEY GENERAL (1) A torney General may bring a civil action in an appro- 2 3 priate district court for such relief as may be appro- priate to carry out this subtitle. 4 (2) A VAILABILITY OF PRIVATE RIGHT OF AC - 5 6 TION .—Any citizen of a State who is aggrieved by the failure of the State redistricting plan which is 7 enacted into law under section 2413 to meet the re- 8 9 quirements for such a plan under this subtitle may bring a civil action in an appropriate district court 10 for such relief as may be appropriate to remedy the 11 failure, so long as the individual brings the action 12 during the 45-day period which begins on the date 13 14 on which the plan is enacted into law. (b) E XPEDITED .—In any action 15 C ONSIDERATION 16 brought forth under this section, the following rules shall apply: 17 18 (1) The action shall be filed in the United States District Court for the District of Columbia 19 and shall be heard by a 3-judge court convened pur- 20 21 suant to section 2284 of title 28, United States 22 Code. 23 (2) The 3-judge court shall consolidate actions brought for relief under subsection (b)(1) with re- 24 25 spect to the same State redistricting plan. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

234 G:\P\16\HR1\INTRO.XML 234 (3) A copy of the complaint shall be delivered 1 2 promptly to the Clerk of the House of Representa- tives and the Secretary of the Senate. 3 4 (4) A final decision in the action shall be re- 5 viewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be 6 7 taken by the filing of a notice of appeal within 10 8 days, and the filing of a jurisdictional statement 9 within 30 days, of the entry of the final decision. (5) It shall be the duty of the district court and 10 11 the Supreme Court of the United States to advance on the docket and to expedite to the greatest pos- 12 sible extent the disposition of the action and appeal. 13 (c) A S TTORNEY EES .—In a civil action under this 14 ’ F 15 section, the court may allow the prevailing party (other 16 than the United States) reasonable attorney fees, includ- 17 ing litigation expenses, and costs. (d) R THER L AWS .— ELATION TO O 18 (1) R IGHTS AND REMEDIES ADDITIONAL TO 19 .—The rights and 20 OTHER RIGHTS AND REMEDIES 21 remedies established by this section are in addition 22 to all other rights and remedies provided by law, and neither the rights and remedies established by this 23 section nor any other provision of this subtitle shall 24 25 supersede, restrict, or limit the application of the g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

235 G:\P\16\HR1\INTRO.XML 235 Voting Rights Act of 1965 (52 U.S.C. 10301 et 1 2 seq.). (2) V 3 .—Nothing in OTING RIGHTS ACT OF 1965 this subtitle authorizes or requires conduct that is 4 5 prohibited by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). 6 SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED. 7 In this subtitle, the ‘‘State apportionment notice’’ 8 means, with respect to a State, the notice sent to the State 9 10 from the Clerk of the House of Representatives under sec- tion 22(b) of the Act entitled ‘‘An Act to provide for the 11 12 fifteenth and subsequent decennial censuses and to pro- vide for an apportionment of Representatives in Con- 13 14 gress’’, approved June 18, 1929 (2 U.S.C. 2a), of the 15 number of Representatives to which the State is entitled. 16 SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE. 17 Nothing in this subtitle or in any amendment made 18 by this subtitle may be construed to affect the manner 19 20 in which a State carries out elections for State or local office, including the process by which a State establishes 21 22 the districts used in such elections. 23 SEC. 2435. EFFECTIVE DATE. This subtitle and the amendments made by this sub- 24 title shall apply with respect to redistricting carried out 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

236 G:\P\16\HR1\INTRO.XML 236 pursuant to the decennial census conducted during 2020 1 2 or any succeeding decennial census. Subtitle F—Saving Voters From 3 4 Voter Purging 5 SEC. 2501. SHORT TITLE. This subtitle may be cited as the ‘‘Stop Automatically 6 7 Voiding Eligible Voters Off Their Enlisted Rolls in States 8 Act’’ or the ‘‘Save Voters Act’’. 9 SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED VOTERS. 10 (a) C ESCRIBED .—The National Voter 11 ONDITIONS D 12 Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 13 amended by inserting after section 8 the following new section: 14 ‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM 15 16 OFFICIAL LIST OF REGISTERED VOTERS. ‘‘(a) V ERIFICATION ON O BJECTIVE AND 17 B ASIS OF R ELIABLE VIDENCE OF I NELIGIBILITY .—Notwith- 18 E 19 standing any other provision of this Act, a State may not 20 remove any registrant from the official list of voters eligi- 21 ble to vote in elections for Federal office in the State un- less the State verifies, on the basis of objective and reliable 22 evidence, that the registrant is ineligible to vote in such 23 24 elections on any of the grounds described in paragraph 25 (3) or paragraph (4) of section 8(a). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

237 G:\P\16\HR1\INTRO.XML 237 N ONSIDERED AS O BJECTIVE AND 1 OT ACTORS C ‘‘(b) F R E I NELIGIBILITY .—For purposes 2 ELIABLE VIDENCE OF of subsection (a), the following factors, or any combination 3 thereof, shall not be treated as objective and reliable evi- 4 5 dence of a registrant’s ineligibility to vote: ‘‘(1) The failure of the registrant to vote in any 6 election. 7 ‘‘(2) The failure of the registrant to respond to 8 any notice sent under section 8(d). 9 ‘‘(3) The failure of the registrant to take any 10 other action with respect to voting in any election or 11 with respect to the registrant’s status as a reg- 12 13 istrant.’’. (b) C ONFORMING .— 14 A MENDMENTS (1) N ATIONAL VOTER REGISTRATION ACT OF 15 16 1993 .—Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended— 17 (A) in paragraph (3), by striking ‘‘pro- 18 vide’’ and inserting ‘‘subject to section 8A, pro- 19 20 vide’’; and 21 (B) in paragraph (4), by striking ‘‘con- 22 duct’’ and inserting ‘‘subject to section 8A, con- duct’’. 23 (2) H .—Section 24 ELP AMERICA VOTE ACT OF 2002 25 303(a)(4)(A) of the Help America Vote Act of 2002 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

238 G:\P\16\HR1\INTRO.XML 238 (52 U.S.C. 21083(a)(4)(A)) is amended by striking 1 ‘‘, registrants’’ and inserting ‘‘, and subject to sec- 2 3 tion 8A of such Act, registrants’’. (c) E ATE 4 .—The amendments made by FFECTIVE D this section shall take effect on the date of the enactment 5 6 of this Act. 7 Subtitle G—Severability 8 SEC. 2601. SEVERABILITY. If any provision of this title or amendment made by 9 this title, or the application of a provision or amendment 10 to any person or circumstance, is held to be unconstitu- 11 12 tional, the remainder of this title and amendments made by this title, and the application of the provisions and 13 amendment to any person or circumstance, shall not be 14 affected by the holding. 15 16 TITLE III—ELECTION SECURITY Sec. 3000. Short title; sense of Congress. Subtitle A—Financial Support for Election Infrastructure ART 1—V OTING S YSTEM S ECURITY I MPROVEMENT G RANTS P Sec. 3001. Grants for obtaining compliant paper ballot voting systems and car- rying out voting system security improvements. Sec. 3002. Coordination of voting system security activities with use of require- ments payments and election administration requirements under Help America Vote Act of 2002. Sec. 3003. Incorporation of definitions. 2—G RANTS FOR R ISK - P A UDITS OF R ESULTS OF E LECTIONS ART LIMITING Sec. 3011. Grants to States for conducting risk-limiting audits of results of elections. Sec. 3012. GAO analysis of effects of audits. P 3—E LECTION I NFRASTRUCTURE I NNOVATION G RANT P ROGRAM ART Sec. 3021. Election infrastructure innovation grant program. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00238 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

239 G:\P\16\HR1\INTRO.XML 239 Subtitle B—Security Measures Sec. 3101. Election infrastructure designation. Sec. 3102. Timely threat information. Sec. 3103. Security clearance assistance for election officials. Sec. 3104. Security risk and vulnerability assessments. Sec. 3105. Annual reports. Subtitle C—Enhancing Protections for United States Democratic Institutions Sec. 3201. National strategy to protect United States democratic institutions. Sec. 3202. National Commission to Protect United States Democratic Institu- tions. Subtitle D—Promoting Cybersecurity Through Improvements in Election Administration Sec. 3301. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines. Sec. 3302. Treatment of electronic poll books as part of voting systems. Sec. 3303. Pre-election reports on voting system usage. Sec. 3304. Streamlining collection of election information. Subtitle E—Preventing Election Hacking Sec. 3401. Short title. Sec. 3402. Election Security Bug Bounty Program. Sec. 3403. Definitions. Subtitle F—Miscellaneous Provisions Sec. 3501. Definitions. Sec. 3502. Initial report on adequacy of resources available for implementation. Subtitle G—Severability Sec. 3601. Severability. 1 SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. (a) S T ITLE .—This title may be cited as the 2 HORT 3 ‘‘Election Security Act’’. (b) S MPROVE N EED TO ENSE OF ONGRESS ON 4 C I E I NFRASTRUCTURE S ECURITY .—It is the sense 5 LECTION 6 of Congress that, in light of the lessons learned from Rus- 7 sian interference in the 2016 Presidential election, the Federal Government should intensify its efforts to improve 8 9 the security of election infrastructure in the United States, g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

240 G:\P\16\HR1\INTRO.XML 240 including through the use of individual, durable, paper 1 2 ballots marked by the voter by hand. Subtitle A—Financial Support for 3 4 Election Infrastructure 5 PART 1—VOTING SYSTEM SECURITY 6 IMPROVEMENT GRANTS SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER 7 8 BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVE- 9 MENTS. 10 (a) A RANTS 11 VAILABILITY OF .—Subtitle D of title G II of the Help America Vote Act of 2002 (52 U.S.C. 12 13 21001 et seq.), as amended by section 1906(a), is amend- ed by adding at the end the following new part: 14 15 ‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT 16 PAPER BALLOT VOTING SYSTEMS AND CAR- 17 RYING OUT VOTING SYSTEM SECURITY IM- PROVEMENTS 18 ‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER 19 BALLOT VOTING SYSTEMS AND CARRYING 20 21 OUT VOTING SYSTEM SECURITY IMPROVE- MENTS. 22 ‘‘(a) A U SE OF G RANT .—The Com- 23 VAILABILITY AND 24 mission shall make a grant to each eligible State— ‘‘(1) to replace a voting system— 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

241 G:\P\16\HR1\INTRO.XML 241 ‘‘(A) which does not meet the requirements 1 2 which are first imposed on the State pursuant to the amendments made by the Voter Con- 3 4 fidence and Increased Accessibility Act of 2019 with a voting system which does meet such re- 5 6 quirements, for use in the regularly scheduled general elections for Federal office held in No- 7 vember 2020, or 8 ‘‘(B) which does meet such requirements 9 but which is not in compliance with the most 10 11 recent voluntary voting system guidelines issued by the Commission prior to the regularly sched- 12 13 uled general election for Federal office held in November 2020 with another system which does 14 15 meet such requirements and is in compliance 16 with such guidelines; and 17 ‘‘(2) to carry out voting system security im- provements described in section 298A with respect 18 to the regularly scheduled general elections for Fed- 19 eral office held in November 2020 and each suc- 20 21 ceeding election for Federal office. ‘‘(b) A G RANT .—The amount of a grant 22 MOUNT OF 23 made to a State under this section shall be such amount as the Commission determines to be appropriate, except 24 that such amount may not be less than the product of 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

242 G:\P\16\HR1\INTRO.XML 242 $1 and the average of the number of individuals who cast 1 2 votes in any of the two most recent regularly scheduled general elections for Federal office held in the State. 3 ‘‘(c) P 4 RO .—If the amount of R ATA R EDUCTIONS 5 funds appropriated for grants under this part is insuffi- cient to ensure that each State receives the amount of the 6 7 grant calculated under subsection (b), the Commission shall make such pro rata reductions in such amounts as 8 may be necessary to ensure that the entire amount appro- 9 priated under this part is distributed to the States. 10 ‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS 11 12 DESCRIBED. ‘‘(a) P U SES .—A voting system security 13 ERMITTED 14 improvement described in this section is any of the fol- 15 lowing: ‘‘(1) The acquisition of goods and services from 16 qualified election infrastructure vendors by purchase, 17 lease, or such other arrangements as may be appro- 18 19 priate. ‘‘(2) Cyber and risk mitigation training. 20 21 ‘‘(3) A security risk and vulnerability assess- 22 ment of the State’s election infrastructure which is 23 carried out by a provider of cybersecurity services under a contract entered into between the chief 24 25 State election official and the provider. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

243 G:\P\16\HR1\INTRO.XML 243 ‘‘(4) The maintenance of election infrastruc- 1 2 ture, including addressing risks and vulnerabilities which are identified under either of the security risk 3 4 and vulnerability assessments described in para- 5 graph (3), except that none of the funds provided 6 under this part may be used to renovate or replace a building or facility which is used primarily for pur- 7 8 poses other than the administration of elections for public office. 9 ‘‘(5) Providing increased technical support for 10 any information technology infrastructure that the 11 12 chief State election official deems to be part of the State’s election infrastructure or designates as crit- 13 ical to the operation of the State’s election infra- 14 structure. 15 ‘‘(6) Enhancing the cybersecurity and oper- 16 17 ations of the information technology infrastructure 18 described in paragraph (4). 19 ‘‘(7) Enhancing the cybersecurity of voter reg- istration systems. 20 ‘‘(b) Q LECTION I UALIFIED V EN - 21 E NFRASTRUCTURE D ESCRIBED .— 22 DORS ‘‘(1) I N GENERAL 23 .—For purposes of this part, a ‘qualified election infrastructure vendor’ is any 24 25 person who provides, supports, or maintains, or who g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

244 G:\P\16\HR1\INTRO.XML 244 seeks to provide, support, or maintain, election in- 1 2 frastructure on behalf of a State, unit of local gov- ernment, or election agency (as defined in section 3 4 3501 of the Election Security Act) who meets the criteria described in paragraph (2). 5 ‘‘(2) C RITERIA .—The criteria described in this 6 paragraph are such criteria as the Chairman, in co- 7 ordination with the Secretary of Homeland Security, 8 shall establish and publish, and shall include each of 9 10 the following requirements: ‘‘(A) The vendor must be owned and con- 11 12 trolled by a citizen or permanent resident of the United States. 13 14 ‘‘(B) The vendor must disclose to the 15 Chairman and the Secretary, and to the chief 16 State election official of any State to which the vendor provides any goods and services with 17 funds provided under this part, of any sourcing 18 outside the United States for parts of the elec- 19 20 tion infrastructure. ‘‘(C) The vendor agrees to ensure that the 21 22 election infrastructure will be developed and 23 maintained in a manner that is consistent with the cybersecurity best practices issued by the 24 Technical Guidelines Development Committee. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

245 G:\P\16\HR1\INTRO.XML 245 ‘‘(D) The vendor agrees to maintain its in- 1 2 formation technology infrastructure in a man- ner that is consistent with the cybersecurity 3 4 best practices issued by the Technical Guide- lines Development Committee. 5 6 ‘‘(E) The vendor agrees to meet the re- quirements of paragraph (3) with respect to 7 any known or suspected cybersecurity incidents 8 involving any of the goods and services provided 9 by the vendor pursuant to a grant under this 10 11 part. ‘‘(F) The vendor agrees to permit inde- 12 13 pendent security testing by the Commission (in accordance with section 231(a)) and by the Sec- 14 15 retary of the goods and services provided by the 16 vendor pursuant to a grant under this part. ‘‘(3) C INCIDENT 17 YBERSECURITY REPORTING REQUIREMENTS .— 18 ‘‘(A) I N GENERAL .—A vendor meets the 19 20 requirements of this paragraph if, upon becom- 21 ing aware of the possibility that an election cy- 22 bersecurity incident has occurred involving any of the goods and services provided by the ven- 23 24 dor pursuant to a grant under this part— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

246 G:\P\16\HR1\INTRO.XML 246 ‘‘(i) the vendor promptly assesses 1 2 whether or not such an incident occurred, and submits a notification meeting the re- 3 4 quirements of subparagraph (B) to the Secretary and the Chairman of the assess- 5 6 ment as soon as practicable (but in no case later than 3 days after the vendor first be- 7 comes aware of the possibility that the in- 8 cident occurred); 9 ‘‘(ii) if the incident involves goods or 10 11 services provided to an election agency, the vendor submits a notification meeting the 12 13 requirements of subparagraph (B) to the agency as soon as practicable (but in no 14 15 case later than 3 days after the vendor 16 first becomes aware of the possibility that 17 the incident occurred), and cooperates with the agency in providing any other nec- 18 essary notifications relating to the inci- 19 dent; and 20 21 ‘‘(iii) the vendor provides all necessary updates to any notification submitted 22 23 under clause (i) or clause (ii). ‘‘(B) C ONTENTS NOTIFICATIONS .— 24 OF 25 Each notification submitted under clause (i) or g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

247 G:\P\16\HR1\INTRO.XML 247 clause (ii) of subparagraph (A) shall contain 1 2 the following information with respect to any election cybersecurity incident covered by the 3 4 notification: ‘‘(i) The date, time, and time zone 5 6 when the election cybersecurity incident began, if known. 7 ‘‘(ii) The date, time, and time zone 8 9 when the election cybersecurity incident was detected. 10 ‘‘(iii) The date, time, and duration of 11 12 the election cybersecurity incident. ‘‘(iv) The circumstances of the elec- 13 14 tion cybersecurity incident, including the 15 specific election infrastructure systems be- 16 lieved to have been accessed and informa- tion acquired, if any. 17 ‘‘(v) Any planned and implemented 18 technical measures to respond to and re- 19 20 cover from the incident. ‘‘(vi) In the case of any notification 21 22 which is an update to a prior notification, 23 any additional material information relat- ing to the incident, including technical 24 data, as it becomes available. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

248 G:\P\16\HR1\INTRO.XML 248 ‘‘SEC. 298B. ELIGIBILITY OF STATES. 1 2 ‘‘A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and 3 4 in such form as the Commission may require, an applica- tion containing— 5 6 ‘‘(1) a description of how the State will use the grant to carry out the activities authorized under 7 this part; 8 9 ‘‘(2) a certification and assurance that, not later than 5 years after receiving the grant, the 10 State will carry out risk-limiting audits and will 11 12 carry out voting system security improvements, as described in section 298A; and 13 14 ‘‘(3) such other information and assurances as 15 the Commission may require. 16 ‘‘SEC. 298C. REPORTS TO CONGRESS. ‘‘Not later than 90 days after the end of each fiscal 17 year, the Commission shall submit a report to the appro- 18 priate congressional committees, including the Committees 19 20 on Homeland Security, House Administration, and the Ju- diciary of the House of Representatives and the Commit- 21 22 tees on Homeland Security and Governmental Affairs, the 23 Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under 24 this part. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

249 G:\P\16\HR1\INTRO.XML 249 ‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 1 ‘‘(a) A .—There are authorized to be UTHORIZATION 2 appropriated for grants under this part— 3 ‘‘(1) $1,000,000,000 for fiscal year 2019; and 4 5 ‘‘(2) $175,000,000 for each of the fiscal years 6 2020, 2022, 2024, and 2026. ‘‘(b) C VAILABILITY OF A MOUNTS .—Any ONTINUING A 7 8 amounts appropriated pursuant to the authorization of this section shall remain available until expended.’’. 9 (b) C MENDMENT .—The table of contents 10 A LERICAL of such Act, as amended by section 1906(b), is amended 11 by adding at the end of the items relating to subtitle D 12 of title II the following: 13 ART 8—G RANTS FOR O BTAINING C OMPLIANT P APER B ALLOT V OTING ‘‘P YSTEMS AND S O UT V OTING S YSTEM I MPROVEMENTS C ARRYING ‘‘Sec. 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. ‘‘Sec. 298A. Voting system security improvements described. ‘‘Sec. 298B. Eligibility of States. ‘‘Sec. 298C. Reports to Congress. ‘‘Sec. 298D. Authorization of appropriations. 14 SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY 15 ACTIVITIES WITH USE OF REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION 16 17 REQUIREMENTS UNDER HELP AMERICA 18 VOTE ACT OF 2002. (a) D E LECTION A SSISTANCE C OMMIS - 19 UTIES OF .—Section 202 of the Help America Vote Act of 2002 20 SION (52 U.S.C. 20922) is amended in the matter preceding 21 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

250 G:\P\16\HR1\INTRO.XML 250 paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se- 1 2 curity of election infrastructure by’’. (b) M ECRETARY OF OMELAND S E - 3 H S EMBERSHIP OF CURITY ON DVISORS OF E LECTION A SSIST - 4 B OARD OF A OMMISSION ANCE 5 C .—Section 214(a) of such Act (52 6 U.S.C. 20944(a)) is amended— (1) by striking ‘‘37 members’’ and inserting 7 ‘‘38 members’’; and 8 (2) by adding at the end the following new 9 paragraph: 10 ‘‘(17) The Secretary of Homeland Security or 11 the Secretary’s designee.’’. 12 (c) R D EPARTMENT OF H OME - 13 EPRESENTATIVE OF S ECURITY ON T ECHNICAL G UIDELINES D EVELOP - 14 LAND C MENT 15 OMMITTEE .—Section 221(c)(1) of such Act (52 16 U.S.C. 20961(c)(1)) is amended— (1) by redesignating subparagraph (E) as sub- 17 paragraph (F); and 18 (2) by inserting after subparagraph (D) the fol- 19 lowing new subparagraph: 20 ‘‘(E) A representative of the Department 21 of Homeland Security.’’. 22 (d) G P ERIODIC S TUDIES OF E LECTION A D - 23 OALS OF ECRETARY I ; C ONSULTATION W ITH S SSUES 24 MINISTRATION g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

251 G:\P\16\HR1\INTRO.XML 251 OMELAND OF .—Section 241(a) of such Act 1 S H ECURITY 2 (52 U.S.C. 20981(a)) is amended— 3 (1) in the matter preceding paragraph (1), by 4 striking ‘‘the Commission shall’’ and inserting ‘‘the Commission, in consultation with the Secretary of 5 Homeland Security (as appropriate), shall’’; 6 (2) by striking ‘‘and’’ at the end of paragraph 7 8 (3); (3) by redesignating paragraph (4) as para- 9 graph (5); and 10 (4) by inserting after paragraph (3) the fol- 11 lowing new paragraph: 12 13 ‘‘(4) will be secure against attempts to under- mine the integrity of election systems by cyber or 14 15 other means; and’’. (e) R EQUIREMENTS .— 16 P AYMENTS (1) U SE OF PAYMENTS FOR VOTING SYSTEM 17 18 SECURITY IMPROVEMENTS .—Section 251(b) of such 19 Act (52 U.S.C. 21001(b)), as amended by section 1905(b)(1), is amended by adding at the end the fol- 20 21 lowing new paragraph: ‘‘(5) P ERMITTING USE OF PAYMENTS FOR VOT 22 - ING SYSTEM SECURITY IMPROVEMENTS .—A State 23 24 may use a requirements payment to carry out any 25 of the following activities: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

252 G:\P\16\HR1\INTRO.XML 252 ‘‘(A) Cyber and risk mitigation training. 1 2 ‘‘(B) Providing increased technical support for any information technology infrastructure 3 4 that the chief State election official deems to be 5 part of the State’s election infrastructure or 6 designates as critical to the operation of the State’s election infrastructure. 7 8 ‘‘(C) Enhancing the cybersecurity and op- erations of the information technology infra- 9 10 structure described in subparagraph (B). ‘‘(D) Enhancing the security of voter reg- 11 istration databases.’’. 12 (2) I NCORPORATION INFRA - 13 OF ELECTION 14 STRUCTURE PROTECTION IN STATE PLANS FOR USE .—Section 254(a)(1) of such Act (52 OF PAYMENTS 15 U.S.C. 21004(a)(1)) is amended by striking the pe- 16 riod at the end and inserting ‘‘, including the protec- 17 tion of election infrastructure.’’. 18 (3) C OMPOSITION OF COMMITTEE RESPONSIBLE 19 - 20 FOR DEVELOPING STATE PLAN FOR USE OF PAY .—Section 255 of such Act (52 U.S.C. 21 MENTS 21005) is amended— 22 (A) by redesignating subsection (b) as sub- 23 24 section (c); and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

253 G:\P\16\HR1\INTRO.XML 253 (B) by inserting after subsection (a) the 1 2 following new subsection: ‘‘(b) G EPRESENTATION 3 .—The mem- EOGRAPHIC R bers of the committee shall be a representative group of 4 5 individuals from the State’s counties, cities, towns, and 6 Indian tribes, and shall represent the needs of rural as 7 well as urban areas of the State, as the case may be.’’. (f) E ROTECTION OF C OMPUTERIZED 8 NSURING P S OTER R EGISTRATION V IST .—Section 9 TATEWIDE L 10 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend- 11 ed by striking the period at the end and inserting ‘‘, as 12 well as other measures to prevent and deter cybersecurity incidents, as identified by the Commission, the Secretary 13 of Homeland Security, and the Technical Guidelines De- 14 velopment Committee.’’. 15 SEC. 3003. INCORPORATION OF DEFINITIONS. 16 (a) I G ENERAL .—Section 901 of the Help America 17 N 18 Vote Act of 2001 (52 U.S.C. 21141) is amended to read 19 as follows: 20 ‘‘SEC. 901. DEFINITIONS. ‘‘In this Act, the following definitions apply: 21 ‘‘(1) The term ‘cybersecurity incident’ has the 22 23 meaning given the term ‘incident’ in section 227 of 24 the Homeland Security Act of 2002 (6 U.S.C. 148). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

254 G:\P\16\HR1\INTRO.XML 254 ‘‘(2) The term ‘election infrastructure’ has the 1 2 meaning given such term in section 3501 of the Election Security Act. 3 4 ‘‘(3) The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth 5 6 of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the 7 Northern Mariana Islands.’’. 8 (b) C MENDMENT .—The table of contents 9 A LERICAL 10 of such Act is amended by amending the item relating to section 901 to read as follows: 11 ‘‘Sec. 901. Definitions.’’. 12 PART 2—GRANTS FOR RISK-LIMITING AUDITS OF 13 RESULTS OF ELECTIONS SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIM- 14 ITING AUDITS OF RESULTS OF ELECTIONS. 15 (a) A RANTS .—Subtitle D of title 16 VAILABILITY OF G 17 II of the Help America Vote Act of 2002 (52 U.S.C. 18 21001 et seq.), as amended by sections 1906(a) and 3001(a), is amended by adding at the end the following 19 new part: 20 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

255 G:\P\16\HR1\INTRO.XML 255 ‘‘PART 9—GRANTS FOR CONDUCTING RISK- 1 2 LIMITING AUDITS OF RESULTS OF ELECTIONS ‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AU- 3 4 DITS OF RESULTS OF ELECTIONS. ‘‘(a) A .—The Commission 5 VAILABILITY OF G RANTS shall make a grant to each eligible State to conduct risk- 6 7 limiting audits as described in subsection (b) with respect to the regularly scheduled general elections for Federal of- 8 fice held in November 2020 and each succeeding election 9 10 for Federal office. ‘‘(b) R 11 A UDITS D - .—In this LIMITING ISK ESCRIBED 12 part, a ‘risk-limiting audit’ is a post-election process— ‘‘(1) which is conducted in accordance with 13 14 rules and procedures established by the chief State 15 election official of the State which meet the require- 16 ments of subsection (c); and ‘‘(2) under which, if the reported outcome of 17 the election is incorrect, there is at least a predeter- 18 mined percentage chance that the audit will replace 19 the incorrect outcome with the correct outcome as 20 21 determined by a full, hand-to-eye tabulation of all votes validly cast in that election that ascertains 22 voter intent manually and directly from voter- 23 24 verifiable paper records. ‘‘(c) R 25 R ULES AND P ROCE - FOR EQUIREMENTS .—The rules and procedures established for con- 26 DURES g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

256 G:\P\16\HR1\INTRO.XML 256 ducting a risk-limiting audit shall include the following 1 2 elements: ‘‘(1) Rules for ensuring the security of ballots 3 4 and documenting that prescribed procedures were followed. 5 6 ‘‘(2) Rules and procedures for ensuring the ac- curacy of ballot manifests produced by election agen- 7 cies. 8 9 ‘‘(3) Rules and procedures for governing the format of ballot manifests, cast vote records, and 10 other data involved in the audit. 11 12 ‘‘(4) Methods to ensure that any cast vote records used in the audit are those used by the vot- 13 14 ing system to tally the election results sent to the 15 chief State election official and made public. 16 ‘‘(5) Procedures for the random selection of ballots to be inspected manually during each audit. 17 ‘‘(6) Rules for the calculations and other meth- 18 ods to be used in the audit and to determine wheth- 19 20 er and when the audit of an election is complete. ‘‘(7) Procedures and requirements for testing 21 22 any software used to conduct risk-limiting audits. ‘‘(d) D EFINITIONS .—In this part, the following defi- 23 nitions apply: 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

257 G:\P\16\HR1\INTRO.XML 257 ‘‘(1) The term ‘ballot manifest’ means a record 1 2 maintained by each election agency that meets each of the following requirements: 3 4 ‘‘(A) The record is created without reliance on any part of the voting system used to tab- 5 6 ulate votes. ‘‘(B) The record functions as a sampling 7 frame for conducting a risk-limiting audit. 8 9 ‘‘(C) The record contains the following in- formation with respect to the ballots cast and 10 counted in the election: 11 12 ‘‘(i) The total number of ballots cast and counted by the agency (including 13 14 undervotes, overvotes, and other invalid 15 votes). 16 ‘‘(ii) The total number of ballots cast in each election administered by the agency 17 (including undervotes, overvotes, and other 18 19 invalid votes). ‘‘(iii) A precise description of the 20 21 manner in which the ballots are physically 22 stored, including the total number of phys- ical groups of ballots, the numbering sys- 23 tem for each group, a unique label for each 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

258 G:\P\16\HR1\INTRO.XML 258 group, and the number of ballots in each 1 2 such group. ‘‘(2) The term ‘incorrect outcome’ means an 3 4 outcome that differs from the outcome that would be determined by a full tabulation of all votes validly 5 6 cast in the election, determining voter intent manu- ally, directly from voter-verifiable paper records. 7 ‘‘(3) The term ‘outcome’ means the winner of 8 9 an election, whether a candidate or a position. ‘‘(4) The term ‘reported outcome’ means the 10 outcome of an election which is determined accord- 11 12 ing to the canvass and which will become the official, certified outcome unless it is revised by an audit, re- 13 14 count, or other legal process. 15 ‘‘SEC. 299A. ELIGIBILITY OF STATES. 16 ‘‘A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and 17 in such form as the Commission may require, an applica- 18 tion containing— 19 20 ‘‘(1) a certification that, not later than 5 years after receiving the grant, the State will conduct risk- 21 22 limiting audits of the results of elections for Federal 23 office held in the State as described in section 299; ‘‘(2) a certification that, not later than one year 24 after the date of the enactment of this section, the 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

259 G:\P\16\HR1\INTRO.XML 259 chief State election official of the State has estab- 1 2 lished or will establish the rules and procedures for conducting the audits which meet the requirements 3 4 of section 299(c); ‘‘(3) a certification that the audit shall be com- 5 6 pleted not later than the date on which the State certifies the results of the election; 7 ‘‘(4) a certification that, after completing the 8 9 audit, the State shall publish a report on the results of the audit, together with such information as nec- 10 essary to confirm that the audit was conducted prop- 11 12 erly; ‘‘(5) a certification that, if a risk-limiting audit 13 14 conducted under this part leads to a full manual 15 tally of an election, State law requires that the State 16 or election agency shall use the results of the full manual tally as the official results of the election; 17 and 18 19 ‘‘(6) such other information and assurances as the Commission may require. 20 21 ‘‘SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 22 ‘‘There are authorized to be appropriated for grants under this part $20,000,000 for fiscal year 2019, to re- 23 main available until expended.’’. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

260 G:\P\16\HR1\INTRO.XML 260 A 1 MENDMENT LERICAL .—The table of contents (b) C 2 of such Act, as amended by sections 1906(b) and 3001(b), is further amended by adding at the end of the items relat- 3 ing to subtitle D of title II the following: 4 9—G RANTS FOR C ONDUCTING R ISK ‘‘P IMITING A UDITS OF R ESULTS ART -L E OF LECTIONS ‘‘Sec. 299. Grants for conducting risk-limiting audits of results of elec- tions. ‘‘Sec. 299A. Eligibility of States. ‘‘Sec. 299B. Authorization of appropriations. SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. 5 (a) A .—Not later than 6 months after the NALYSIS 6 first election for Federal office is held after grants are 7 first awarded to States for conducting risk-limiting under 8 part 9 of subtitle D of title II of the Help America Vote 9 Act of 2002 (as added by section 3011) for conducting 10 risk-limiting audits of elections for Federal office, the 11 12 Comptroller General of the United States shall conduct an analysis of the extent to which such audits have im- 13 proved the administration of such elections and the secu- 14 15 rity of election infrastructure in the States receiving such 16 grants. (b) R EPORT .—The Comptroller General of the 17 United States shall submit a report on the analysis con- 18 19 ducted under subsection (a) to the appropriate congres- 20 sional committees. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

261 G:\P\16\HR1\INTRO.XML 261 PART 3—ELECTION INFRASTRUCTURE 1 2 INNOVATION GRANT PROGRAM SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION 3 4 GRANT PROGRAM. (a) I .—Title III of the Homeland Secu- N G ENERAL 5 6 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended— (1) by redesignating the second section 319 (re- 7 8 lating to EMP and GMD mitigation research and development) as section 320; and 9 (2) by adding at the end the following new sec- 10 tion: 11 ‘‘SEC. 321. ELECTION INFRASTRUCTURE INNOVATION 12 GRANT PROGRAM. 13 ‘‘(a) E .—The Secretary, acting STABLISHMENT 14 through the Under Secretary for Science and Technology, 15 in coordination with the Chairman of the Election Assist- 16 ance Commission (established pursuant to the Help Amer- 17 ica Vote Act of 2002) and in consultation with the Direc- 18 19 tor of the National Science Foundation, shall establish a competitive grant program to award grants to eligible enti- 20 21 ties, on a competitive basis, for purposes of research and 22 development that are determined to have the potential to 23 significantly to improve the security (including cybersecu- rity), quality, reliability, accuracy, accessibility, and af- 24 25 fordability of election infrastructure. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

262 G:\P\16\HR1\INTRO.XML 262 C 1 ONGRESS EPORT TO .—Not later than 90 days ‘‘(b) R after the conclusion of each fiscal year for which grants 2 3 are awarded under this section, the Secretary shall submit 4 to the Committee on Homeland Security and the Com- 5 mittee on House Administration of the House of Rep- resentatives and the Committee on Homeland Security 6 7 and Governmental Affairs and the Committee on Rules and Administration of the Senate a report describing such 8 9 grants and analyzing the impact, if any, of such grants on the security and operation of election infrastructure. 10 ‘‘(c) A PPROPRIATIONS .—There 11 UTHORIZATION OF A 12 is authorized to be appropriated to the Secretary $6,250,000 for each of fiscal years 2019 through 2027 13 14 for purposes of carrying out this section. ‘‘(d) E LIGIBLE D EFINED .—In this section, 15 E NTITY 16 the term ‘eligible entity’ means— 17 ‘‘(1) an institution of higher education (as de- fined in section 101(a) of the Higher Education Act 18 of 1965 (20 U.S.C. 1001(a)), including an institu- 19 20 tion of higher education that is a historically Black 21 college or university (which has the meaning given 22 the term ‘‘part B institution’’ in section 322 of such Act (20 U.S.C. 1061)) or other minority-serving in- 23 stitution listed in section 371(a) of such Act (20 24 25 U.S.C. 1067q(a)); g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

263 G:\P\16\HR1\INTRO.XML 263 ‘‘(2) an organization described in section 1 2 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; 3 4 or ‘‘(3) an organization, association, or a for-profit 5 6 company, including a small business concern (as such term is defined under section 3 of the Small 7 Business Act (15 U.S.C. 632)), including a small 8 business concern owned and controlled by socially 9 and economically disadvantaged individuals as de- 10 11 fined under section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).’’. 12 (b) D EFINITION .—Section 2 of the Homeland Secu- 13 14 rity Act of 2002 (6 U.S.C. 101) is amended— 15 (1) by redesignating paragraphs (6) through 16 (20) as paragraphs (7) through (21), respectively; and 17 (2) by inserting after paragraph (5) the fol- 18 lowing new paragraph: 19 ‘‘(6) E .—The term 20 LECTION INFRASTRUCTURE 21 ‘election infrastructure’ means storage facilities, 22 polling places, and centralized vote tabulation loca- 23 tions used to support the administration of elections for public office, as well as related information and 24 25 communications technology, including voter registra- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

264 G:\P\16\HR1\INTRO.XML 264 tion databases, voting machines, electronic mail and 1 2 other communications systems (including electronic mail and other systems of vendors who have entered 3 4 into contracts with election agencies to support the administration of elections, manage the election 5 6 process, and report and display election results), and other systems used to manage the election process 7 and to report and display election results on behalf 8 9 of an election agency.’’. (c) C A MENDMENT 10 LERICAL .—The table of contents in section 1(b) of the Homeland Security Act of 2002 is 11 12 amended by striking both items relating to section 319 13 and the item relating to section 318 and inserting the fol- 14 lowing new items: ‘‘Sec. 318. Social media working group. ‘‘Sec. 319. Transparency in research and development. ‘‘Sec. 320. EMP and GMD mitigation research and development. ‘‘Sec. 321. Election infrastructure innovation grant program.’’. 15 Subtitle B—Security Measures SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. 16 17 Subparagraph (J) of section 2001(3) of the Home- 18 land Security Act of 2002 (6 U.S.C. 601(3)) is amended by inserting ‘‘, including election infrastructure’’ before 19 the period at the end. 20 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

265 G:\P\16\HR1\INTRO.XML 265 SEC. 3102. TIMELY THREAT INFORMATION. 1 2 Subsection (d) of section 201 of the Homeland Secu- rity Act of 2002 (6 U.S.C. 121) is amended by adding 3 4 at the end the following new paragraph: ‘‘(27) To provide timely threat information re- 5 6 garding election infrastructure to the chief State election official of the State with respect to which 7 such information pertains.’’. 8 SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELEC- 9 TION OFFICIALS. 10 11 In order to promote the timely sharing of information on threats to election infrastructure, the Secretary may— 12 13 (1) help expedite a security clearance for the chief State election official and other appropriate 14 15 State personnel involved in the administration of 16 elections, as designated by the chief State election 17 official; (2) sponsor a security clearance for the chief 18 State election official and other appropriate State 19 personnel involved in the administration of elections, 20 21 as designated by the chief State election official; and (3) facilitate the issuance of a temporary clear- 22 23 ance to the chief State election official and other ap- 24 propriate State personnel involved in the administra- tion of elections, as designated by the chief State 25 election official, if the Secretary determines classi- 26 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

266 G:\P\16\HR1\INTRO.XML 266 fied information to be timely and relevant to the 1 2 election infrastructure of the State at issue. SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESS- 3 4 MENTS. (a) I .—Paragraph (6) of section 227(c) 5 N G ENERAL 6 of the Homeland Security Act of 2002 (6 U.S.C. 148(c)) 7 is amended by inserting ‘‘(including by carrying out a se- curity risk and vulnerability assessment)’’ after ‘‘risk 8 9 management support’’. (b) P - E LECTION S E NHANCE 10 RIORITIZATION TO ECU .— 11 RITY (1) I .—Not later than 90 days after N GENERAL 12 receiving a written request from a chief State elec- 13 tion official, the Secretary shall, to the extent prac- 14 ticable, commence a security risk and vulnerability 15 assessment (pursuant to paragraph (6) of section 16 227(c) of the Homeland Security Act of 2002, as 17 18 amended by subsection (a)) on election infrastruc- ture in the State at issue. 19 (2) N .—If the Secretary, upon re- 20 OTIFICATION 21 ceipt of a request described in paragraph (1), deter- 22 mines that a security risk and vulnerability assess- ment cannot be commenced within 90 days, the Sec- 23 retary shall expeditiously notify the chief State elec- 24 25 tion official who submitted such request. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

267 G:\P\16\HR1\INTRO.XML 267 SEC. 3105. ANNUAL REPORTS. 1 (a) R A .— 2 A SSESSMENTS EPORTS ON SSISTANCE AND Not later than one year after the date of the enactment 3 of this Act and annually thereafter through 2026, the Sec- 4 5 retary shall submit to the appropriate congressional com- mittees— 6 (1) efforts to carry out section 203 during the 7 8 prior year, including specific information on which States were helped, how many officials have been 9 helped in each State, how many security clearances 10 have been sponsored in each State, and how many 11 temporary clearances have been issued in each State; 12 13 and (2) efforts to carry out section 205 during the 14 15 prior year, including specific information on which 16 States were helped, the dates on which the Secretary 17 received a request for a security risk and vulner- ability assessment pursuant to such section, the 18 dates on which the Secretary commenced each such 19 request, and the dates on which the Secretary trans- 20 21 mitted a notification in accordance with subsection (b)(2) of such section. 22 (b) R F OREIGN T HREATS .—Not later 23 EPORTS ON 24 than 90 days after the end of each fiscal year (beginning with fiscal year 2019), the Secretary and the Director of 25 National Intelligence, in coordination with the heads of 26 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

268 G:\P\16\HR1\INTRO.XML 268 appropriate offices of the Federal government, shall sub- 1 2 mit a joint report to the appropriate congressional com- mittees on foreign threats to elections in the United 3 4 States, including physical and cybersecurity threats. (c) I S NFORMATION .—For purposes of 5 F ROM TATES preparing the reports required under this section, the Sec- 6 retary shall solicit and consider information and comments 7 from States and election agencies, except that the provi- 8 9 sion of such information and comments by a State or elec- tion agency shall be voluntary and at the discretion of the 10 State or agency. 11 Subtitle C—Enhancing Protections 12 for United States Democratic In- 13 14 stitutions 15 SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED 16 STATES DEMOCRATIC INSTITUTIONS. (a) I G ENERAL .—Not later than one year after the 17 N date of the enactment of this Act, the President, acting 18 19 through the Secretary, in consultation with the Chairman, the Secretary of Defense, the Secretary of State, the At- 20 21 torney General, the Secretary of Education, the Director 22 of National Intelligence, the Chairman of the Federal 23 Election Commission, and the heads of any other appro- priate Federal agencies, shall issue a national strategy to 24 25 protect against cyber attacks, influence operations, g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

269 G:\P\16\HR1\INTRO.XML 269 disinformation campaigns, and other activities that could 1 2 undermine the security and integrity of United States democratic institutions. 3 (b) C ONSIDERATIONS .—The national strategy re- 4 5 quired under subsection (a) shall include consideration of the following: 6 (1) The threat of a foreign state actor, foreign 7 terrorist organization (as designated pursuant to 8 section 219 of the Immigration and Nationality Act 9 10 (8 U.S.C. 1189)), or a domestic actor carrying out a cyber attack, influence operation, disinformation 11 12 campaign, or other activity aimed at undermining the security and integrity of United States demo- 13 14 cratic institutions. 15 (2) The extent to which United States demo- 16 cratic institutions are vulnerable to a cyber attack, influence operation, disinformation campaign, or 17 other activity aimed at undermining the security and 18 integrity of such democratic institutions. 19 20 (3) Potential consequences, such as an erosion of public trust or an undermining of the rule of law, 21 22 that could result from a successful cyber attack, in- 23 fluence operation, disinformation campaign, or other activity aimed at undermining the security and in- 24 tegrity of United States democratic institutions. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

270 G:\P\16\HR1\INTRO.XML 270 (4) Lessons learned from other Western govern- 1 2 ments the institutions of which were subject to a cyber attack, influence operation, disinformation 3 4 campaign, or other activity aimed at undermining the security and integrity of such institutions, as 5 6 well as actions that could be taken by the United States Government to bolster collaboration with for- 7 eign partners to detect, deter, prevent, and counter 8 9 such activities. (5) Potential impacts such as an erosion of 10 public trust in democratic institutions as could be 11 12 associated with a successful cyber breach or other activity negatively-affecting election infrastructure. 13 14 (6) Roles and responsibilities of the Secretary, 15 the Chairman, and the heads of other Federal enti- 16 ties and non-Federal entities, including chief State election officials and representatives of multi-state 17 information sharing and analysis center. 18 19 (7) Any findings, conclusions, and recommenda- tions to strengthen protections for United States 20 21 democratic institutions that have been agreed to by 22 a majority of Commission members on the National Commission to Protect United States Democratic 23 Institutions, authorized pursuant to section 32002. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

271 G:\P\16\HR1\INTRO.XML 271 P 1 LAN MPLEMENTATION .—Not later than 90 (c) I 2 days after the issuance of the national strategy required 3 under subsection (a), the President, acting through the Secretary, in coordination with the Chairman, shall issue 4 an implementation plan for Federal efforts to implement 5 such strategy that includes the following: 6 (1) Strategic objectives and corresponding 7 tasks. 8 (2) Projected timelines and costs for the tasks 9 10 referred to in paragraph (1). (3) Metrics to evaluate performance of such 11 tasks. 12 (d) C LASSIFICATION .—The national strategy re- 13 14 quired under subsection (a) shall be in unclassified form 15 but may contain a classified annex. 16 SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED STATES DEMOCRATIC INSTITUTIONS. 17 (a) E STABLISHMENT .—There is established within 18 the legislative branch the National Commission to Protect 19 20 United States Democratic Institutions (hereafter in this section referred to as the ‘‘Commission’’). 21 (b) P .—The purpose of the Commission is to 22 URPOSE 23 counter efforts to undermine democratic institutions with- 24 in the United States. (c) C .— 25 OMPOSITION g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

272 G:\P\16\HR1\INTRO.XML 272 .—The Commission shall be 1 EMBERSHIP (1) M composed of 10 members appointed for the life of 2 3 the Commission as follows: (A) One member shall be appointed by the 4 5 Secretary. (B) One member shall be appointed by the 6 Chairman. 7 (C) 2 members shall be appointed by the 8 majority leader of the Senate, in consultation 9 10 with the Chairman of the Committee on Home- land Security and Governmental Affairs, the 11 12 Chairman of the Committee on the Judiciary, and the Chairman of the Committee on Rules 13 14 and Administration. 15 (D) 2 members shall be appointed by the 16 minority leader of the Senate, in consultation with the ranking minority member of the Com- 17 mittee on Homeland Security and Govern- 18 mental Affairs, the ranking minority member of 19 20 the Committee on the Judiciary, and the rank- ing minority member of the Committee on 21 22 Rules and Administration. 23 (E) 2 members shall be appointed by the Speaker of the House of Representatives, in 24 consultation with the Chairman of the Com- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

273 G:\P\16\HR1\INTRO.XML 273 mittee on Homeland Security, the Chairman of 1 2 the Committee on House Administration, and the Chairman of the Committee on the Judici- 3 4 ary. (F) 2 members shall be appointed by the 5 6 minority leader of the House of Representa- tives, in consultation with the ranking minority 7 member of the Committee on Homeland Secu- 8 rity, the ranking minority member of the Com- 9 mittee on the Judiciary, and the ranking minor- 10 11 ity member of the Committee on House Admin- istration. 12 (2) Q UALIFICATIONS .—Individuals shall be se- 13 14 lected for appointment to the Commission solely on 15 the basis of their professional qualifications, achieve- 16 ments, public stature, experience, and expertise in relevant fields, including, but not limited to cyberse- 17 curity, national security, and the Constitution of the 18 United States. 19 (3) N .—Mem- 20 O COMPENSATION FOR SERVICE 21 bers shall not receive compensation for service on 22 the Commission, but shall receive travel expenses, including per diem in lieu of subsistence, in accord- 23 ance with chapter 57 of title 5, United States Code. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

274 G:\P\16\HR1\INTRO.XML 274 .—All mem- 1 EADLINE FOR APPOINTMENT (4) D bers of the Commission shall be appointed no later 2 3 than 60 days after the date of the enactment of this 4 Act. (5) V ACANCIES .—A vacancy on the Commission 5 6 shall not affect its powers and shall be filled in the 7 manner in which the original appointment was made. The appointment of the replacement member 8 9 shall be made not later than 60 days after the date on which the vacancy occurs. 10 (d) C ICE C HAIR HAIR AND 11 V .—The Commission shall 12 elect a Chair and Vice Chair from among its members. (e) Q M UORUM AND 13 EETINGS .— (1) Q .—The Commission shall meet and UORUM 14 begin the operations of the Commission not later 15 16 than 30 days after the date on which all members 17 have been appointed or, if such meeting cannot be mutually agreed upon, on a date designated by the 18 19 Speaker of the House of Representatives and the 20 President pro Tempore of the Senate. Each subse- 21 quent meeting shall occur upon the call of the Chair or a majority of its members. A majority of the 22 members of the Commission shall constitute a 23 24 quorum, but a lesser number may hold meetings. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

275 G:\P\16\HR1\INTRO.XML 275 1 UTHORITY OF INDIVIDUALS TO ACT FOR (2) A COMMISSION .—Any member of the Commission may, 2 if authorized by the Commission, take any action 3 that the Commission is authorized to take under this 4 5 section. (f) P 6 .— OWERS (1) H EARINGS AND EVIDENCE .—The Commis- 7 8 sion (or, on the authority of the Commission, any subcommittee or member thereof) may, for the pur- 9 pose of carrying out this section, hold hearings and 10 sit and act at such times and places, take such testi- 11 mony, receive such evidence, and administer such 12 13 oaths as the Commission considers advisable to carry out its duties. 14 (2) C .—The Commission may, to 15 ONTRACTING 16 such extent and in such amounts as are provided in 17 appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this 18 section. 19 (g) A ROM SSISTANCE EDERAL A GENCIES .— 20 F F (1) G SERVICES ADMINISTRATION .— 21 ENERAL 22 The Administrator of General Services shall provide 23 to the Commission on a reimbursable basis adminis- trative support and other services for the perform- 24 25 ance of the Commission’s functions. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

276 G:\P\16\HR1\INTRO.XML 276 .—In 1 THER DEPARTMENTS AND AGENCIES (2) O addition to the assistance provided under paragraph 2 3 (1), the Department of Homeland Security, the 4 Election Assistance Commission, and other appro- 5 priate departments and agencies of the United States shall provide to the Commission such serv- 6 7 ices, funds, facilities, and staff as they may deter- mine advisable and as may be authorized by law. 8 (h) P M .—Any public meetings of the 9 UBLIC EETINGS 10 Commission shall be conducted in a manner consistent with the protection of information provided to or developed 11 for or by the Commission as required by any applicable 12 statute, regulation, or Executive order. 13 (i) S C LEARANCES .— 14 ECURITY (1) I N GENERAL .—The heads of appropriate 15 16 departments and agencies of the executive branch shall cooperate with the Commission to expeditiously 17 provide Commission members and staff with appro- 18 priate security clearances to the extent possible 19 under applicable procedures and requirements. 20 (2) P .—In appointing staff, ob- 21 REFERENCES 22 taining detailees, and entering into contracts for the 23 provision of services for the Commission, the Com- mission shall give preference to individuals otherwise 24 25 who have active security clearances. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

277 G:\P\16\HR1\INTRO.XML 277 .— 1 EPORTS (j) R (1) I 2 NTERIM REPORTS .—At any time prior to 3 the submission of the final report under paragraph (2), the Commission may submit interim reports to 4 5 the President and Congress such findings, conclu- 6 sions, and recommendations to strengthen protec- 7 tions for democratic institutions in the United States as have been agreed to by a majority of the 8 9 members of the Commission. (2) F .—Not later than 18 months 10 INAL REPORT after the date of the first meeting of the Commis- 11 sion, the Commission shall submit to the President 12 13 and Congress a final report containing such find- ings, conclusions, and recommendations to strength- 14 15 en protections for democratic institutions in the 16 United States as have been agreed to by a majority 17 of the members of the Commission. (k) T .— 18 ERMINATION (1) I 19 N GENERAL .—The Commission shall termi- 20 nate upon the expiration of the 60-day period which begins on the date on which the Commission submits 21 the final report required under subsection (j)(2). 22 (2) A ACTIVITIES TO 23 PRIOR DMINISTRATIVE .—During the 60-day period described 24 TERMINATION 25 in paragraph (2), the Commission may carry out g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

278 G:\P\16\HR1\INTRO.XML 278 such administrative activities as may be required to 1 2 conclude its work, including providing testimony to committees of Congress concerning the final report 3 4 and disseminating the final report. (l) N A DVISORY ONAPPLICABILITY OF OM - 5 F EDERAL C CT .—The Federal Advisory Committee Act (5 MITTEE A 6 7 U.S.C. App.) shall not apply to the Commission. Subtitle D—Promoting Cybersecu- 8 rity Through Improvements in 9 Election Administration 10 SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO EN- 11 SURE COMPLIANCE WITH ELECTION CYBER- 12 13 SECURITY GUIDELINES AND OTHER GUIDE- LINES. 14 (a) R T ESTING OF E XISTING V OTING S YS - 15 EQUIRING .— TEMS 16 (1) I .—Section 231(a) of the Help N GENERAL 17 America Vote Act of 2002 (52 U.S.C. 20971(a)) is 18 amended by adding at the end the following new 19 paragraph: 20 ‘‘(3) T ESTING TO ENSURE COMPLIANCE WITH 21 .— 22 GUIDELINES ‘‘(A) T ESTING 23 .—Not later than 9 months before the date of each regularly scheduled gen- 24 25 eral election for Federal office, the Commission g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

279 G:\P\16\HR1\INTRO.XML 279 shall provide for the testing by accredited lab- 1 2 oratories under this section of the voting system hardware and software which was certified for 3 4 use in the most recent such election, on the 5 basis of the most recent voting system guide- 6 lines applicable to such hardware or software (including election cybersecurity guidelines) 7 8 issued under this Act. ‘‘(B) D ECERTIFICATION OF HARDWARE OR 9 .—If, SOFTWARE FAILING TO MEET GUIDELINES 10 11 on the basis of the testing described in subpara- graph (A), the Commission determines that any 12 voting system hardware or software does not 13 meet the most recent guidelines applicable to 14 15 such hardware or software issued under this Act, the Commission shall decertify such hard- 16 17 ware or software.’’. (2) E FFECTIVE DATE .—The amendment made 18 19 by paragraph (1) shall apply with respect to the reg- ularly scheduled general election for Federal office 20 21 held in November 2020 and each succeeding regu- larly scheduled general election for Federal office. 22 (b) I C YBERSECURITY G UIDELINES BY 23 SSUANCE OF T 24 UIDELINES D EVELOPMENT C OMMITTEE .— G ECHNICAL 25 Section 221(b) of the Help America Vote Act of 2002 (52 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

280 G:\P\16\HR1\INTRO.XML 280 U.S.C. 20961(b)) is amended by adding at the end the 1 2 following new paragraph: ‘‘(3) E GUIDE 3 - LECTION CYBERSECURITY .—Not later than 6 months after the date of LINES 4 5 the enactment of this paragraph, the Development Committee shall issue election cybersecurity guide- 6 lines, including standards and best practices for pro- 7 curing, maintaining, testing, operating, and updat- 8 9 ing election systems to prevent and deter cybersecu- rity incidents.’’. 10 11 SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING SYSTEMS. 12 (a) I D EFINITION OF V OTING S YS - 13 NCLUSION IN .—Section 301(b) of the Help America Vote Act of TEM 14 2002 (52 U.S.C. 21081(b)) is amended— 15 (1) in the matter preceding paragraph (1), by 16 striking ‘‘this section’’ and inserting ‘‘this Act’’; 17 (2) by striking ‘‘and’’ at the end of paragraph 18 19 (1); (3) by redesignating paragraph (2) as para- 20 21 graph (3); and 22 (4) by inserting after paragraph (1) the fol- 23 lowing new paragraph: ‘‘(2) any electronic poll book used with respect 24 25 to the election; and’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

281 G:\P\16\HR1\INTRO.XML 281 .—Section 301 of such Act (52 1 EFINITION (b) D U.S.C. 21081) is amended— 2 3 (1) by redesignating subsections (c) and (d) as 4 subsections (d) and (e); and 5 (2) by inserting after subsection (b) the fol- 6 lowing new subsection: ‘‘(c) E OLL LECTRONIC OOK D EFINED .—In this 7 P B 8 Act, the term ‘electronic poll book’ means the total com- bination of mechanical, electromechanical, or electronic 9 equipment (including the software, firmware, and docu- 10 mentation required to program, control, and support the 11 12 equipment) that is used— 13 ‘‘(1) to retain the list of registered voters at a 14 polling location, or vote center, or other location at which voters cast votes in an election for Federal of- 15 fice; and 16 ‘‘(2) to identify registered voters who are eligi- 17 18 ble to vote in an election.’’. (c) E D ATE .—Section 301(e) of such Act 19 FFECTIVE 20 (52 U.S.C. 21081(e)), as redesignated by subsection (b), 21 is amended by striking the period at the end and inserting the following: ‘‘, or, with respect to any requirements re- 22 lating to electronic poll books, on and after January 1, 23 24 2020’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

282 G:\P\16\HR1\INTRO.XML 282 SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM 1 2 USAGE. (a) R TATES TO UBMIT R EPORTS .—Title 3 EQUIRING S S III of the Help America Vote Act of 2002 (52 U.S.C. 4 5 21081 et seq.) is amended by inserting after section 301 the following new section: 6 ‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 7 8 USAGE. ‘‘(a) R 9 S UBMIT R S .—Not TATES TO EQUIRING EPORTS 10 later than 120 days before the date of each regularly scheduled general election for Federal office, the chief 11 12 State election official of a State shall submit a report to 13 the Commission containing a detailed voting system usage 14 plan for each jurisdiction in the State which will admin- ister the election, including a detailed plan for the usage 15 of electronic poll books and other equipment and compo- 16 nents of such system. 17 ‘‘(b) E ATE .—Subsection (a) shall apply 18 FFECTIVE D 19 with respect to the regularly scheduled general election for 20 Federal office held in November 2020 and each succeeding 21 regularly scheduled general election for Federal office.’’. (b) C LERICAL A MENDMENT .—The table of contents 22 23 of such Act is amended by inserting after the item relating 24 to section 301 the following new item: ‘‘Sec. 301A. Pre-election reports on voting system usage.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00282 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

283 G:\P\16\HR1\INTRO.XML 283 SEC. 3304. STREAMLINING COLLECTION OF ELECTION IN- 1 2 FORMATION. Section 202 of the Help America Vote Act of 2002 3 4 (52 U.S.C. 20922) is amended— 5 (1) by striking ‘‘The Commission’’ and insert- ing ‘‘(a) I N 6 G ENERAL .—The Commission’’; and 7 (2) by adding at the end the following new sub- section: 8 ‘‘(b) W ERTAIN R EQUIREMENTS .—Sub- 9 C AIVER OF 10 chapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information for pur- 11 poses of maintaining the clearinghouse described in para- 12 13 graph (1) of subsection (a).’’. 14 Subtitle E—Preventing Election 15 Hacking SEC. 3401. SHORT TITLE. 16 This subtitle may be cited as the ‘‘Prevent Election 17 Hacking Act of 2019’’. 18 SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. 19 (a) E STABLISHMENT .—Not later than 1 year after 20 21 the date of the enactment of this Act, the Secretary shall 22 establish a program to be known as the ‘‘Election Security 23 Bug Bounty Program’’ (hereafter in this subtitle referred to as the ‘‘Program’’) to improve the cybersecurity of the 24 systems used to administer elections for Federal office by 25 26 facilitating and encouraging assessments by independent g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

284 G:\P\16\HR1\INTRO.XML 284 technical experts, in cooperation with State and local elec- 1 2 tion officials and election service providers, to identify and report election cybersecurity vulnerabilities. 3 (b) V FFI OLUNTARY O P - 4 ARTICIPATION BY E LECTION LECTION S CIALS AND P ROVIDERS .— 5 E ERVICE (1) N 6 O REQUIREMENT TO PARTICIPATE IN PRO - 7 .—Participation in the Program shall be en- GRAM 8 tirely voluntary for State and local election officials and election service providers. 9 (2) E 10 NCOURAGING PARTICIPATION AND INPUT .—In developing the Pro- FROM ELECTION OFFICIALS 11 gram, the Secretary shall solicit input from, and en- 12 courage participation by, State and local election of- 13 ficials. 14 (c) A UNDED CTIVITIES 15 F .—In establishing and car- 16 rying out the Program, the Secretary shall— (1) establish a process for State and local elec- 17 18 tion officials and election service providers to volun- 19 tarily participate in the Program; 20 (2) designate appropriate information systems to be included in the Program; 21 (3) provide compensation to eligible individuals, 22 organizations, and companies for reports of pre- 23 24 viously unidentified security vulnerabilities within 25 the information systems designated under subpara- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

285 G:\P\16\HR1\INTRO.XML 285 graph (A) and establish criteria for individuals, or- 1 2 ganizations, and companies to be considered eligible for such compensation in compliance with Federal 3 4 laws; (4) consult with the Attorney General on how 5 6 to ensure that approved individuals, organizations, or companies that comply with the requirements of 7 the Program are protected from prosecution under 8 9 section 1030 of title 18, United States Code, and similar provisions of law, and from liability under 10 civil actions for specific activities authorized under 11 12 the Program; (5) consult with the Secretary of Defense and 13 14 the heads of other departments and agencies that 15 have implemented programs to provide compensation 16 for reports of previously undisclosed vulnerabilities in information systems, regarding lessons that may 17 be applied from such programs; 18 19 (6) develop an expeditious process by which an individual, organization, or company can register 20 21 with the Department, submit to a background check 22 as determined by the Department, and receive a de- termination as to eligibility for participation in the 23 Program; and 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

286 G:\P\16\HR1\INTRO.XML 286 (7) engage qualified interested persons, includ- 1 2 ing representatives of private entities, about the structure of the Program and, to the extent prac- 3 4 ticable, establish a recurring competition for inde- 5 pendent technical experts to assess election systems 6 for the purpose of identifying and reporting election 7 cybersecurity vulnerabilities; (d) U SE OF P ROVIDERS .—The Secretary 8 S ERVICE 9 may award competitive contracts as necessary to manage the Program. 10 SEC. 3403. DEFINITIONS. 11 In this subtitle, the following definitions apply: 12 13 (1) The terms ‘‘election’’ and ‘‘Federal office’’ 14 have the meanings given such terms in section 301 15 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101). 16 (2) The term ‘‘election cybersecurity vulner- 17 ability’’ means any security vulnerability (as defined 18 19 in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)) that affects 20 21 an election system. 22 (3) The term ‘‘election service provider’’ means 23 any person providing, supporting, or maintaining an election system on behalf of a State or local election 24 25 official, such as a contractor or vendor. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

287 G:\P\16\HR1\INTRO.XML 287 (4) The term ‘‘election system’’ means any in- 1 2 formation system (as defined in section 3502 of title 44, United States Code) which is part of an election 3 4 infrastructure. (5) The term ‘‘Secretary’’ means the Secretary 5 6 of Homeland Security, or, upon designation by the Secretary of Homeland Security, the Deputy Sec- 7 retary of Homeland Security, the Director of Cyber- 8 9 security and Infrastructure Security of the Depart- ment of Homeland Security, or a Senate-confirmed 10 official that reports to the Director. 11 12 (6) The term ‘‘State’’ means each of the several States, the District of Columbia, the Commonwealth 13 14 of Puerto Rico, Guam, American Samoa, the Com- 15 monwealth of Northern Mariana Islands, and the 16 United States Virgin Islands. (7) The term ‘‘voting system’’ has the meaning 17 given such term in section 301(b) of the Help Amer- 18 19 ica Vote Act of 2002 (52 U.S.C. 21081(b)). Subtitle F—Miscellaneous 20 21 Provisions 22 SEC. 3501. DEFINITIONS. Except as provided in section 3404, in this title, the 23 following definitions apply: 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

288 G:\P\16\HR1\INTRO.XML 288 (1) The term ‘‘Chairman’’ means the chair of 1 2 the Election Assistance Commission. (2) The term ‘‘appropriate congressional com- 3 4 mittees’’ means the Committees on Homeland Secu- rity and House Administration of the House of Rep- 5 6 resentatives and the Committees on Homeland Secu- rity and Governmental Affairs and Rules and Ad- 7 ministration of the Senate. 8 9 (3) The term ‘‘chief State election official’’ means, with respect to a State, the individual des- 10 ignated by the State under section 10 of the Na- 11 12 tional Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the 13 14 State’s responsibilities under such Act. 15 (4) The term ‘‘Commission’’ means the Election 16 Assistance Commission. (5) The term ‘‘democratic institutions’’ means 17 the diverse range of institutions that are essential to 18 ensuring an independent judiciary, free and fair elec- 19 20 tions, and rule of law. (6) The term ‘‘election agency’’ means any com- 21 22 ponent of a State, or any component of a unit of 23 local government in a State, which is responsible for the administration of elections for Federal office in 24 the State. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

289 G:\P\16\HR1\INTRO.XML 289 (7) The term ‘‘election infrastructure’’ means 1 2 storage facilities, polling places, and centralized vote tabulation locations used to support the administra- 3 4 tion of elections for public office, as well as related information and communications technology, includ- 5 6 ing voter registration databases, voting machines, electronic mail and other communications systems 7 (including electronic mail and other systems of ven- 8 9 dors who have entered into contracts with election agencies to support the administration of elections, 10 manage the election process, and report and display 11 12 election results), and other systems used to manage the election process and to report and display elec- 13 14 tion results on behalf of an election agency. 15 (8) The term ‘‘Secretary’’ means the Secretary 16 of Homeland Security. (9) The term ‘‘State’’ has the meaning given 17 such term in section 901 of the Help America Vote 18 Act of 2002 (52 U.S.C. 21141). 19 20 SEC. 3502. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR IMPLEMENTATION. 21 22 Not later than 120 days after enactment of this Act, 23 the Chairman and the Secretary shall submit a report to the appropriate committees of Congress, including the 24 Committees on Homeland Security and House Adminis- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

290 G:\P\16\HR1\INTRO.XML 290 tration of the House of Representatives and the Com- 1 2 mittee on Homeland Security and Governmental Affairs of the Senate, analyzing the adequacy of the funding, re- 3 4 sources, and personnel available to carry out this title and 5 the amendments made by this title. 6 Subtitle G—Severability SEC. 3601. SEVERABILITY. 7 8 If any provision of this title or amendment made by this title, or the application of a provision or amendment 9 10 to any person or circumstance, is held to be unconstitu- tional, the remainder of this title and amendments made 11 by this title, and the application of the provisions and 12 amendment to any person or circumstance, shall not be 13 affected by the holding. 14 DIVISION B—CAMPAIGN 15 16 FINANCE 17 TITLE IV—CAMPAIGN FINANCE 18 TRANSPARENCY Subtitle A—Findings Relating to Illicit Money Undermining Our Democracy Sec. 4001. Findings relating to illicit money undermining our democracy. Subtitle B—DISCLOSE Act Sec. 4100. Short title. ART 1—R EGULATION OF C ERTAIN P OLITICAL S PENDING P Sec. 4101. Application of ban on contributions and expenditures by foreign na- tionals to domestic corporations, limited liability corporations, and partnerships that are foreign-controlled, foreign-influenced, and foreign-owned. Sec. 4102. Clarification of application of foreign money ban to certain disburse- ments and activities. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00290 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

291 G:\P\16\HR1\INTRO.XML 291 2—R AMPAIGN -R ELATED D ISBURSEMENTS C EPORTING OF ART P Sec. 4111. Reporting of campaign-related disbursements. Sec. 4112. Application of foreign money ban to disbursements for campaign-re- lated disbursements consisting of covered transfers. Sec. 4113. Effective date. 3—O P A DMINISTRATIVE R EFORMS ART THER Sec. 4121. Petition for certiorari. Sec. 4122. Judicial review of actions related to campaign finance laws. Subtitle C—Honest Ads Sec. 4201. Short title. Sec. 4202. Purpose. Sec. 4203. Findings. Sec. 4204. Sense of Congress. Sec. 4205. Expansion of definition of public communication. Sec. 4206. Expansion of definition of electioneering communication. Sec. 4207. Application of disclaimer statements to online communications. Sec. 4208. Political record requirements for online platforms. Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by for- eign nationals in the form of online advertising. Subtitle D—Stand By Every Ad Sec. 4301. Short title. Sec. 4302. Stand By Every Ad. Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 4304. No expansion of persons subject to disclaimer requirements on Internet communications. Sec. 4305. Effective date. Subtitle E—Secret Money Transparency Sec. 4401. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit or- ganizations. Subtitle F—Shareholder Right-to-Know Sec. 4501. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowl- edge of corporation political activity. Subtitle G—Disclosure of Political Spending by Government Contractors Sec. 4601. Repeal of restriction on use of funds to require disclosure of political spending by government contractors. Subtitle H—Limitation and Disclosure Requirements for Presidential Inaugural Committees Sec. 4701. Short title. Sec. 4702. Limitations and disclosure of certain donations to, and disburse- ments by, Inaugural Committees. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00291 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

292 G:\P\16\HR1\INTRO.XML 292 Subtitle I—Severability Sec. 4801. Severability. 1 Subtitle A—Findings Relating to Il- licit Money Undermining Our 2 3 Democracy SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDER- 4 5 MINING OUR DEMOCRACY. Congress finds the following: 6 (1) Criminals, terrorists, and corrupt govern- 7 8 ment officials frequently abuse anonymously held Limited Liability Companies (LLCs), also known as 9 ‘‘shell companies,’’ to hide, move, and launder the 10 11 dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. 12 13 Ownership and control of the finances that run 14 through shell companies are obscured to regulators 15 and law enforcement because little information is re- quired and collected when establishing these entities. 16 (2) The public release of the ‘‘Panama Papers’’ 17 in 2016 and the ‘‘Paradise Papers’’ in 2017 revealed 18 19 that these shell companies often purchase and sell United States real estate. United States anti-money 20 21 laundering laws do not apply to cash transactions in- 22 volving real estate effectively concealing the bene- ficiaries and transactions from regulators and law 23 enforcement. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

293 G:\P\16\HR1\INTRO.XML 293 (3) Congress should curb the use of anonymous 1 2 shell companies for illicit purposes by requiring United States companies to disclose their beneficial 3 4 owners, strengthening anti-money laundering and counter-terrorism finance laws. 5 (4) Congress should examine the money laun- 6 dering and terrorist financing risks in the real estate 7 8 market, including the role of anonymous parties, and review legislation to address any vulnerabilities iden- 9 tified in this sector. 10 (5) Congress should examine the methods by 11 12 which corruption flourishes and the means to detect 13 and deter the financial misconduct that fuels this 14 driver of global instability. Congress should monitor government efforts to enforce United States anti- 15 corruption laws and regulations. 16 17 Subtitle B—DISCLOSE Act SEC. 4100. SHORT TITLE. 18 19 This subtitle may be cited as the ‘‘Democracy Is 20 Strengthened by Casting Light On Spending in Elections Act of 2019’’ or the ‘‘DISCLOSE Act of 2019’’. 21 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

294 G:\P\16\HR1\INTRO.XML 294 PART 1—REGULATION OF CERTAIN POLITICAL 1 2 SPENDING SEC. 4101. APPLICATION OF BAN ON CONTRIBUTIONS AND 3 4 EXPENDITURES BY FOREIGN NATIONALS TO 5 DOMESTIC CORPORATIONS, LIMITED LIABIL- 6 ITY CORPORATIONS, AND PARTNERSHIPS THAT ARE FOREIGN-CONTROLLED, FOREIGN- 7 8 INFLUENCED, AND FOREIGN-OWNED. (a) A AN PPLICATION OF 9 B .—Section 319(b) of the 10 Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended— 11 (1) by striking ‘‘or’’ at the end of paragraph 12 (1); 13 14 (2) by striking the period at the end of para- 15 graph (2) and inserting ‘‘; or’’; and 16 (3) by adding at the end the following new paragraph: 17 ‘‘(3) any corporation, limited liability corpora- 18 tion, or partnership which is not a foreign national 19 20 described in paragraph (1) and— ‘‘(A) in which a foreign national described 21 22 in paragraph (1) or (2) directly or indirectly 23 owns or controls— 24 ‘‘(i) 5 percent or more of the voting shares, if the foreign national is a foreign 25 26 country, a foreign government official, or a g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

295 G:\P\16\HR1\INTRO.XML 295 corporation principally owned or controlled 1 2 by a foreign country or foreign government official; or 3 4 ‘‘(ii) 20 percent or more of the voting shares, if the foreign national is not de- 5 6 scribed in clause (i); ‘‘(B) in which two or more foreign nation- 7 als described in paragraph (1) or (2), each of 8 9 whom owns or controls at least 5 percent of the voting shares, directly or indirectly own or con- 10 trol 50 percent or more of the voting shares; 11 12 ‘‘(C) over which one or more foreign na- tionals described in paragraph (1) or (2) has 13 14 the power to direct, dictate, or control the deci- 15 sionmaking process of the corporation, limited 16 liability corporation, or partnership with respect to its interests in the United States; or 17 ‘‘(D) over which one or more foreign na- 18 19 tionals described in paragraph (1) or (2) has the power to direct, dictate, or control the deci- 20 21 sionmaking process of the corporation, limited 22 liability corporation, or partnership with respect to activities in connection with a Federal, State, 23 or local election, including— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

296 G:\P\16\HR1\INTRO.XML 296 ‘‘(i) the making of a contribution, do- 1 2 nation, expenditure, independent expendi- ture, or disbursement for an electioneering 3 4 communication (within the meaning of sec- 5 tion 304(f)(3)); or 6 ‘‘(ii) the administration of a political committee established or maintained by the 7 8 corporation.’’. (b) C ERTIFICATION OF .—Section 319 9 C OMPLIANCE 10 of such Act (52 U.S.C. 30121) is amended by adding at the end the following new subsection: 11 ‘‘(c) C OMPLIANCE R ERTIFICATION OF 12 C EQUIRED P T O C ARRYING O UT A CTIVITY .—Prior to the mak- 13 RIOR 14 ing in connection with an election for Federal office of any 15 contribution, donation, expenditure, independent expendi- ture, or disbursement for an electioneering communication 16 by a corporation, limited liability corporation, or partner- 17 ship during a year, the chief executive officer of the cor- 18 19 poration, limited liability corporation, or partnership (or, if the corporation, limited liability corporation, or partner- 20 21 ship does not have a chief executive officer, the highest 22 ranking official of the corporation, limited liability cor- 23 poration, or partnership), shall file a certification with the Commission, under penalty of perjury, that the corpora- 24 25 tion, limited liability corporation, or partnership is not g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

297 G:\P\16\HR1\INTRO.XML 297 prohibited from carrying out such activity under sub- 1 2 section (b)(3), unless the chief executive officer has pre- viously filed such a certification during that calendar 3 4 year.’’. (c) E .—The amendments made by FFECTIVE D ATE 5 6 this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment 7 8 of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated 9 regulations to carry out such amendments. 10 SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN 11 MONEY BAN TO CERTAIN DISBURSEMENTS 12 13 AND ACTIVITIES. (a) A D ISBURSEMENTS TO S UPER 14 PPLICATION TO PAC S .—Section 319(a)(1)(A) of the Federal Election 15 16 Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking the semicolon and inserting the fol- 17 lowing: ‘‘, including any disbursement to a political com- 18 mittee which accepts donations or contributions that do 19 not comply with the limitations, prohibitions, and report- 20 21 ing requirements of this Act (or any disbursement to or 22 on behalf of any account of a political committee which is established for the purpose of accepting such donations 23 or contributions);’’. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

298 G:\P\16\HR1\INTRO.XML 298 S U HICH C ORPORATE PAC W 1 NDER ONDITIONS (b) C M AKE C ONTRIBUTIONS AND E XPENDITURES AY 2 M .—Sec- 3 tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph: 4 ‘‘(8) A separate segregated fund established by a cor- 5 poration may not make a contribution or expenditure dur- 6 ing a year unless the fund has certified to the Commission 7 8 the following during the year: ‘‘(A) Each individual who manages the fund, 9 10 and who is responsible for exercising decisionmaking 11 authority for the fund, is a citizen of the United 12 States or is lawfully admitted for permanent resi- dence in the United States. 13 ‘‘(B) No foreign national under section 319 14 participates in any way in the decisionmaking proc- 15 esses of the fund with regard to contributions or ex- 16 17 penditures under this Act. ‘‘(C) The fund does not solicit or accept rec- 18 ommendations from any foreign national under sec- 19 20 tion 319 with respect to the contributions or expend- 21 itures made by the fund. 22 ‘‘(D) Any member of the board of directors of the corporation who is a foreign national under sec- 23 tion 319 abstains from voting on matters concerning 24 25 the fund or its activities.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

299 G:\P\16\HR1\INTRO.XML 299 PART 2—REPORTING OF CAMPAIGN-RELATED 1 2 DISBURSEMENTS SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSE- 3 4 MENTS. (a) D C ISCLOSURE - 5 R EQUIREMENTS FOR ORPORA ABOR O RGANIZATIONS , TIONS C ERTAIN O THER 6 , L AND E 7 NTITIES .— (1) I .—Section 324 of the Federal N GENERAL 8 Election Campaign Act of 1971 (52 U.S.C. 30126) 9 is amended to read as follows: 10 11 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE- 12 MENTS BY COVERED ORGANIZATIONS. ‘‘(a) D S .— 13 ISCLOSURE TATEMENT ‘‘(1) I N GENERAL .—Any covered organization 14 that makes campaign-related disbursements aggre- 15 16 gating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclo- 17 sure date, file a statement with the Commission 18 19 made under penalty of perjury that contains the in- 20 formation described in paragraph (2)— 21 ‘‘(A) in the case of the first statement filed under this subsection, for the period beginning 22 on the first day of the election reporting cycle 23 (or, if earlier, the period beginning one year be- 24 25 fore the first such disclosure date) and ending 26 on the first such disclosure date; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

300 G:\P\16\HR1\INTRO.XML 300 ‘‘(B) in the case of any subsequent state- 1 2 ment filed under this subsection, for the period beginning on the previous disclosure date and 3 4 ending on such disclosure date. ‘‘(2) I NFORMATION DESCRIBED 5 .—The informa- tion described in this paragraph is as follows: 6 ‘‘(A) The name of the covered organization 7 and the principal place of business of such or- 8 ganization and, in the case of a covered organi- 9 10 zation that is a corporation (other than a busi- ness concern that is an issuer of a class of secu- 11 12 rities registered under section 12 of the Securi- ties Exchange Act of 1934 (15 U.S.C. 78l) or 13 14 that is required to file reports under section 15 15(d) of that Act (15 U.S.C. 78o(d))) or an en- 16 tity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph 17 (4)(A)) of the entity that— 18 ‘‘(i) identifies each beneficial owner by 19 20 name and current residential or business street address; and 21 22 ‘‘(ii) if any beneficial owner exercises 23 control over the entity through another legal entity, such as a corporation, partner- 24 ship, limited liability company, or trust, 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

301 G:\P\16\HR1\INTRO.XML 301 identifies each such other legal entity and 1 2 each such beneficial owner who will use that other entity to exercise control over 3 4 the entity. ‘‘(B) The amount of each campaign-related 5 6 disbursement made by such organization during the period covered by the statement of more 7 than $1,000, and the name and address of the 8 9 person to whom the disbursement was made. ‘‘(C) In the case of a campaign-related dis- 10 bursement that is not a covered transfer, the 11 12 election to which the campaign-related disburse- ment pertains and if the disbursement is made 13 14 for a public communication, the name of any 15 candidate identified in such communication and 16 whether such communication is in support of or in opposition to a candidate. 17 ‘‘(D) A certification by the chief executive 18 officer or person who is the head of the covered 19 20 organization that the campaign-related dis- bursement is not made in cooperation, consulta- 21 22 tion, or concert with or at the request or sug- 23 gestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of 24 a political party. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

302 G:\P\16\HR1\INTRO.XML 302 ‘‘(E)(i) If the covered organization makes 1 2 campaign-related disbursements using exclu- sively funds in a segregated bank account con- 3 4 sisting of funds that were paid directly to such account by persons other than the covered orga- 5 6 nization that controls the account, for each such payment to the account— 7 ‘‘(I) the name and address of 8 9 each person who made such payment during the period covered by the 10 statement; 11 12 ‘‘(II) the date and amount of such payment; and 13 14 ‘‘(III) the aggregate amount of 15 all such payments made by the person 16 during the period beginning on the first day of the election reporting 17 cycle (or, if earlier, the period begin- 18 ning one year before the disclosure 19 20 date) and ending on the disclosure date, 21 22 but only if such payment was made by a person 23 who made payments to the account in an aggre- gate amount of $10,000 or more during the pe- 24 riod beginning on the first day of the election 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

303 G:\P\16\HR1\INTRO.XML 303 reporting cycle (or, if earlier, the period begin- 1 2 ning one year before the disclosure date) and ending on the disclosure date. 3 4 ‘‘(ii) In any calendar year after 2020, sec- tion 315(c)(1)(B) shall apply to the amount de- 5 6 scribed in clause (i) in the same manner as such section applies to the limitations estab- 7 lished under subsections (a)(1)(A), (a)(1)(B), 8 9 (a)(3), and (h) of such section, except that for purposes of applying such section to the 10 amounts described in subsection (b), the ‘base 11 12 period’ shall be 2020. ‘‘(F)(i) If the covered organization makes 13 14 campaign-related disbursements using funds 15 other than funds in a segregated bank account 16 described in subparagraph (E), for each pay- ment to the covered organization— 17 ‘‘(I) the name and address of 18 each person who made such payment 19 20 during the period covered by the statement; 21 22 ‘‘(II) the date and amount of 23 such payment; and ‘‘(III) the aggregate amount of 24 all such payments made by the person 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

304 G:\P\16\HR1\INTRO.XML 304 during the period beginning on the 1 2 first day of the election reporting cycle (or, if earlier, the period begin- 3 4 ning one year before the disclosure date) and ending on the disclosure 5 6 date, but only if such payment was made by a person 7 who made payments to the covered organization 8 9 in an aggregate amount of $10,000 or more during the period beginning on the first day of 10 the election reporting cycle (or, if earlier, the 11 12 period beginning one year before the disclosure date) and ending on the disclosure date. 13 14 ‘‘(ii) In any calendar year after 2020, sec- 15 tion 315(c)(1)(B) shall apply to the amount de- 16 scribed in clause (i) in the same manner as such section applies to the limitations estab- 17 lished under subsections (a)(1)(A), (a)(1)(B), 18 (a)(3), and (h) of such section, except that for 19 20 purposes of applying such section to the amounts described in subsection (b), the ‘base 21 22 period’ shall be 2020. 23 ‘‘(G) Such other information as required in rules established by the Commission to promote 24 the purposes of this section. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

305 G:\P\16\HR1\INTRO.XML 305 .— 1 XCEPTIONS ‘‘(3) E ‘‘(A) A 2 MOUNTS RECEIVED IN ORDINARY .—The requirement to in- COURSE OF BUSINESS 3 clude in a statement filed under paragraph (1) 4 5 the information described in paragraph (2) shall not apply to amounts received by the cov- 6 ered organization in commercial transactions in 7 the ordinary course of any trade or business 8 9 conducted by the covered organization or in the form of investments (other than investments by 10 11 the principal shareholder in a limited liability corporation) in the covered organization. 12 ‘‘(B) D 13 ONOR RESTRICTION ON USE OF .—The requirement to include in a state- FUNDS 14 ment submitted under paragraph (1) the infor- 15 mation described in subparagraph (F) of para- 16 graph (2) shall not apply if— 17 ‘‘(i) the person described in such sub- 18 paragraph prohibited, in writing, the use of 19 20 the payment made by such person for cam- 21 paign-related disbursements; and 22 ‘‘(ii) the covered organization agreed to follow the prohibition and deposited the 23 24 payment in an account which is segregated g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

306 G:\P\16\HR1\INTRO.XML 306 from any account used to make campaign- 1 2 related disbursements. ‘‘(C) A 3 MOUNTS RECEIVED FROM AFFILI - .—The requirement to include in a state- 4 ATES 5 ment submitted under paragraph (1) the infor- 6 mation described in subparagraph (F) of para- 7 graph (2) shall not apply to any amount which is described in subsection (f)(3). 8 ‘‘(D) T 9 HREAT OF HARASSMENT OR RE - 10 .—The requirement to include any infor- PRISAL mation relating to the name or address of any 11 person (other than a candidate) in a statement 12 submitted under paragraph (1) shall not apply 13 14 if the inclusion of the information would subject 15 the person to serious threats, harassment, or 16 reprisals. ‘‘(4) O .—For purposes of 17 THER DEFINITIONS this section: 18 ‘‘(A) B .— 19 ENEFICIAL OWNER DEFINED ‘‘(i) I .—Except as pro- 20 N GENERAL 21 vided in clause (ii), the term ‘beneficial 22 owner’ means, with respect to any entity, a natural person who, directly or indi- 23 24 rectly— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

307 G:\P\16\HR1\INTRO.XML 307 ‘‘(I) exercises substantial control 1 2 over an entity through ownership, vot- ing rights, agreement, or otherwise; or 3 4 ‘‘(II) has a substantial interest in or receives substantial economic bene- 5 fits from the assets of an entity. 6 ‘‘(ii) E 7 XCEPTIONS .—The term ‘bene- ficial owner’ shall not include— 8 ‘‘(I) a minor child; 9 10 ‘‘(II) a person acting as a nomi- nee, intermediary, custodian, or agent 11 12 on behalf of another person; ‘‘(III) a person acting solely as 13 14 an employee of an entity and whose 15 control over or economic benefits from 16 the entity derives solely from the em- ployment status of the person; 17 ‘‘(IV) a person whose only inter- 18 est in an entity is through a right of 19 20 inheritance, unless the person also meets the requirements of clause (i); 21 22 or 23 ‘‘(V) a creditor of an entity, un- less the creditor also meets the re- 24 quirements of clause (i). 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

308 G:\P\16\HR1\INTRO.XML 308 - 1 ABUSE RULE NTI .—The excep- ‘‘(iii) A tions under clause (ii) shall not apply if 2 3 used for the purpose of evading, circum- 4 venting, or abusing the provisions of clause 5 (i) or paragraph (2)(A). ‘‘(B) D 6 .—The term ‘dis- ISCLOSURE DATE closure date’ means— 7 ‘‘(i) the first date during any election 8 reporting cycle by which a person has 9 10 made campaign-related disbursements ag- gregating more than $10,000; and 11 ‘‘(ii) any other date during such elec- 12 tion reporting cycle by which a person has 13 14 made campaign-related disbursements ag- gregating more than $10,000 since the 15 16 most recent disclosure date for such elec- 17 tion reporting cycle. ‘‘(C) E .—The LECTION REPORTING CYCLE 18 term ‘election reporting cycle’ means the 2-year 19 period beginning on the date of the most recent 20 general election for Federal office. 21 ‘‘(D) P .—The term ‘payment’ in- 22 AYMENT cludes any contribution, donation, transfer, pay- 23 24 ment of dues, or other payment. ‘‘(b) C .— ITH O THER P ROVISIONS W 25 OORDINATION g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

309 G:\P\16\HR1\INTRO.XML 309 - 1 THER REPORTS FILED WITH THE COM ‘‘(1) O MISSION .—Information included in a statement filed 2 under this section may be excluded from statements 3 and reports filed under section 304. 4 ‘‘(2) T REATMENT AS SEPARATE SEGREGATED 5 6 .—A segregated bank account referred to in FUND subsection (a)(2)(E) may be treated as a separate 7 segregated fund for purposes of section 527(f)(3) of 8 the Internal Revenue Code of 1986. 9 ‘‘(c) F .—Statements required to be filed under ILING 10 subsection (a) shall be subject to the requirements of sec- 11 tion 304(d) to the same extent and in the same manner 12 13 as if such reports had been required under subsection (c) or (g) of section 304. 14 ‘‘(d) C -R AMPAIGN ISBURSEMENT D E - 15 ELATED D .— FINED 16 ‘‘(1) I N GENERAL .—In this section, the term 17 ‘campaign-related disbursement’ means a disburse- 18 19 ment by a covered organization for any of the fol- 20 lowing: 21 ‘‘(A) An independent expenditure which ex- pressly advocates the election or defeat of a 22 clearly identified candidate for election for Fed- 23 24 eral office, or is the functional equivalent of ex- 25 press advocacy because, when taken as a whole, g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

310 G:\P\16\HR1\INTRO.XML 310 it can be interpreted by a reasonable person 1 2 only as advocating the election or defeat of a candidate for election for Federal office. 3 4 ‘‘(B) Any public communication which re- fers to a clearly identified candidate for election 5 6 for Federal office and which promotes or sup- ports a candidate for that office, or attacks or 7 opposes a candidate for that office, without re- 8 gard to whether the communication expressly 9 advocates a vote for or against a candidate for 10 11 that office. ‘‘(C) An electioneering communication, as 12 13 defined in section 304(f)(3). ‘‘(D) A covered transfer. 14 ‘‘(2) I .—A disbursement 15 NTENT NOT REQUIRED 16 for an item described in subparagraph (A), (B), (C), 17 or (D) of paragraph (1) shall be treated as a cam- paign-related disbursement regardless of the intent 18 of the person making the disbursement. 19 ‘‘(e) C OVERED D EFINED .—In this 20 O RGANIZATION 21 section, the term ‘covered organization’ means any of the 22 following: 23 ‘‘(1) A corporation (other than an organization described in section 501(c)(3) of the Internal Rev- 24 25 enue Code of 1986). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

311 G:\P\16\HR1\INTRO.XML 311 ‘‘(2) A limited liability corporation that is not 1 2 otherwise treated as a corporation for purposes of this Act (other than an organization described in 3 4 section 501(c)(3) of the Internal Revenue Code of 5 1986). 6 ‘‘(3) An organization described in section 501(c) of such Code and exempt from taxation 7 8 under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such 9 10 Code). ‘‘(4) A labor organization (as defined in section 11 316(b)). 12 ‘‘(5) Any political organization under section 13 527 of the Internal Revenue Code of 1986, other 14 than a political committee under this Act (except as 15 16 provided in paragraph (6)). 17 ‘‘(6) A political committee with an account that 18 accepts donations or contributions that do not com- ply with the contribution limits or source prohibi- 19 tions under this Act, but only with respect to such 20 accounts. 21 ‘‘(f) C T RANSFER D EFINED .— 22 OVERED ‘‘(1) I N GENERAL .—In this section, the term 23 ‘covered transfer’ means any transfer or payment of 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

312 G:\P\16\HR1\INTRO.XML 312 funds by a covered organization to another person if 1 2 the covered organization— ‘‘(A) designates, requests, or suggests that 3 4 the amounts be used for— ‘‘(i) campaign-related disbursements 5 6 (other than covered transfers); or ‘‘(ii) making a transfer to another 7 person for the purpose of making or pay- 8 9 ing for such campaign-related disburse- ments; 10 ‘‘(B) made such transfer or payment in re- 11 12 sponse to a solicitation or other request for a donation or payment for— 13 14 ‘‘(i) the making of or paying for cam- 15 paign-related disbursements (other than 16 covered transfers); or ‘‘(ii) making a transfer to another 17 person for the purpose of making or pay- 18 ing for such campaign-related disburse- 19 20 ments; ‘‘(C) engaged in discussions with the re- 21 22 cipient of the transfer or payment regarding— 23 ‘‘(i) the making of or paying for cam- paign-related disbursements (other than 24 covered transfers); or 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

313 G:\P\16\HR1\INTRO.XML 313 ‘‘(ii) donating or transferring any 1 2 amount of such transfer or payment to an- other person for the purpose of making or 3 4 paying for such campaign-related disburse- ments; 5 6 ‘‘(D) made campaign-related disburse- ments (other than a covered transfer) in an ag- 7 gregate amount of $50,000 or more during the 8 2-year period ending on the date of the transfer 9 or payment, or knew or had reason to know 10 11 that the person receiving the transfer or pay- ment made such disbursements in such an ag- 12 13 gregate amount during that 2-year period; or ‘‘(E) knew or had reason to know that the 14 15 person receiving the transfer or payment would 16 make campaign-related disbursements in an ag- 17 gregate amount of $50,000 or more during the 2-year period beginning on the date of the 18 transfer or payment. 19 ‘‘(2) E 20 XCLUSIONS .—The term ‘covered transfer’ 21 does not include any of the following: 22 ‘‘(A) A disbursement made by a covered 23 organization in a commercial transaction in the ordinary course of any trade or business con- 24 ducted by the covered organization or in the 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

314 G:\P\16\HR1\INTRO.XML 314 form of investments made by the covered orga- 1 2 nization. ‘‘(B) A disbursement made by a covered 3 4 organization if— ‘‘(i) the covered organization prohib- 5 6 ited, in writing, the use of such disburse- ment for campaign-related disbursements; 7 and 8 9 ‘‘(ii) the recipient of the disbursement agreed to follow the prohibition and depos- 10 ited the disbursement in an account which 11 is segregated from any account used to 12 make campaign-related disbursements. 13 ‘‘(3) S 14 PECIAL RULE REGARDING TRANSFERS .— AMONG AFFILIATES 15 ‘‘(A) S .—A transfer of an 16 PECIAL RULE amount by one covered organization to another 17 covered organization which is treated as a 18 19 transfer between affiliates under subparagraph (C) shall be considered a covered transfer by 20 21 the covered organization which transfers the 22 amount only if the aggregate amount trans- 23 ferred during the year by such covered organi- zation to that same covered organization is 24 25 equal to or greater than $50,000. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

315 G:\P\16\HR1\INTRO.XML 315 OF 1 AMOUNT ETERMINATION OF ‘‘(B) D 2 .—In CERTAIN PAYMENTS AMONG AFFILIATES determining the amount of a transfer between 3 affiliates for purposes of subparagraph (A), to 4 the extent that the transfer consists of funds 5 attributable to dues, fees, or assessments which 6 7 are paid by individuals on a regular, periodic basis in accordance with a per-individual cal- 8 culation which is made on a regular basis, the 9 transfer shall be attributed to the individuals 10 paying the dues, fees, or assessments and shall 11 12 not be attributed to the covered organization. ‘‘(C) D - 13 ESCRIPTION OF TRANSFERS BE .—A transfer of amounts TWEEN AFFILIATES 14 from one covered organization to another cov- 15 ered organization shall be treated as a transfer 16 between affiliates if— 17 ‘‘(i) one of the organizations is an af- 18 19 filiate of the other organization; or ‘‘(ii) each of the organizations is an 20 21 affiliate of the same organization, 22 except that the transfer shall not be treated as 23 a transfer between affiliates if one of the orga- nizations is established for the purpose of mak- 24 25 ing campaign-related disbursements. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

316 G:\P\16\HR1\INTRO.XML 316 - 1 ETERMINATION OF AFFILIATE STA ‘‘(D) D TUS .—For purposes of subparagraph (C), a 2 covered organization is an affiliate of another 3 4 covered organization if— ‘‘(i) the governing instrument of the 5 6 organization requires it to be bound by de- cisions of the other organization; 7 ‘‘(ii) the governing board of the orga- 8 nization includes persons who are specifi- 9 10 cally designated representatives of the other organization or are members of the 11 governing board, officers, or paid executive 12 staff members of the other organization, or 13 whose service on the governing board is 14 15 contingent upon the approval of the other 16 organization; or 17 ‘‘(iii) the organization is chartered by the other organization. 18 ‘‘(E) C OVERAGE OF TRANSFERS TO AF - 19 501(c)(3) ORGANIZA - 20 FILIATED SECTION .—This paragraph shall apply with re- 21 TIONS 22 spect to an amount transferred by a covered or- 23 ganization to an organization described in para- graph (3) of section 501(c) of the Internal Rev- 24 25 enue Code of 1986 and exempt from tax under g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

317 G:\P\16\HR1\INTRO.XML 317 section 501(a) of such Code in the same man- 1 2 ner as this paragraph applies to an amount transferred by a covered organization to an- 3 4 other covered organization. ‘‘(g) N O THER R O R EQUIRE - 5 E FFECT ON EPORTING 6 MENTS .—Nothing in this section shall be construed to 7 waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related dis- 8 bursements.’’. 9 (2) C .—Section ONFORMING AMENDMENT 10 11 304(f)(6) of such Act (52 U.S.C. 30104) is amended by striking ‘‘Any requirement’’ and inserting ‘‘Ex- 12 13 cept as provided in section 324(b), any require- 14 ment’’. (b) C W F IN CEN.— 15 OORDINATION ITH (1) I N GENERAL .—The Director of the Finan- 16 17 cial Crimes Enforcement Network of the Depart- ment of the Treasury shall provide the Federal Elec- 18 tion Commission with such information as necessary 19 20 to assist in administering and enforcing section 324 21 of the Federal Election Campaign Act of 1971, as 22 added by this section. (2) R EPORT .—Not later than 6 months after 23 24 the date of the enactment of this Act, the Chairman 25 of the Federal Election Commission, in consultation g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

318 G:\P\16\HR1\INTRO.XML 318 with the Director of the Financial Crimes Enforce- 1 2 ment Network of the Department of the Treasury, shall submit to Congress a report with recommenda- 3 4 tions for providing further legislative authority to as- sist in the administration and enforcement of such 5 6 section 324. SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DIS- 7 BURSEMENTS FOR CAMPAIGN-RELATED DIS- 8 9 BURSEMENTS CONSISTING OF COVERED TRANSFERS. 10 Section 319(a)(1)(A) of the Federal Election Cam- 11 12 paign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amend- ed by section 4102, is amended by striking the semicolon 13 14 and inserting the following: ‘‘, and any disbursement to 15 another person who made a campaign-related disburse- 16 ment consisting of a covered transfer (as described in sec- tion 324) during the 2-year period ending on the date of 17 the disbursement;’’. 18 19 SEC. 4113. EFFECTIVE DATE. The amendments made by this part shall apply with 20 21 respect to disbursements made on or after January 1, 22 2020, and shall take effect without regard to whether or not the Federal Election Commission has promulgated 23 regulations to carry out such amendments. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

319 G:\P\16\HR1\INTRO.XML 319 PART 3—OTHER ADMINISTRATIVE REFORMS 1 2 SEC. 4121. PETITION FOR CERTIORARI. Section 307(a)(6) of the Federal Election Campaign 3 4 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in- 5 serting ‘‘(including a proceeding before the Supreme 6 Court on certiorari)’’ after ‘‘appeal’’. SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO 7 8 CAMPAIGN FINANCE LAWS. (a) I ENERAL N 9 G .—Title IV of the Federal Election 10 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new 11 12 section: ‘‘SEC. 407. JUDICIAL REVIEW. 13 ‘‘(a) I G ENERAL .—Notwithstanding section 373(f), 14 N 15 if any action is brought for declaratory or injunctive relief 16 to challenge the constitutionality of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code 17 of 1986, or is brought to with respect to any action of 18 the Commission under chapter 95 or 96 of the Internal 19 20 Revenue Code of 1986, the following rules shall apply: ‘‘(1) The action shall be filed in the United 21 22 States District Court for the District of Columbia 23 and an appeal from the decision of the district court may be taken to the Court of Appeals for the Dis- 24 trict of Columbia Circuit. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

320 G:\P\16\HR1\INTRO.XML 320 ‘‘(2) In the case of an action relating to declar- 1 2 atory or injunctive relief to challenge the constitu- tionality of a provision— 3 4 ‘‘(A) a copy of the complaint shall be deliv- ered promptly to the Clerk of the House of 5 6 Representatives and the Secretary of the Sen- ate; and 7 ‘‘(B) it shall be the duty of the United 8 States District Court for the District of Colum- 9 bia, the Court of Appeals for the District of Co- 10 11 lumbia, and the Supreme Court of the United States to advance on the docket and to expedite 12 13 to the greatest possible extent the disposition of the action and appeal. 14 ‘‘(b) I M EMBERS OF C ONGRESS .— 15 NTERVENTION BY 16 In any action in which the constitutionality of any provi- 17 sion of this Act or chapter 95 or 96 of the Internal Rev- enue Code of 1986 is raised, any Member of the House 18 of Representatives (including a Delegate or Resident Com- 19 20 missioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the posi- 21 22 tion of a party to the case regarding the constitutionality 23 of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court 24 in any such action may make such orders as it considers 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

321 G:\P\16\HR1\INTRO.XML 321 necessary, including orders to require interveners taking 1 2 similar positions to file joint papers or to be represented by a single attorney at oral argument. 3 ‘‘(c) C 4 HALLENGE BY .—Any M EMBERS OF C ONGRESS 5 Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory 6 7 or injunctive relief to challenge the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal 8 Revenue Code of 1986.’’. 9 (b) C ONFORMING .— 10 A MENDMENTS (1) I .— 11 N GENERAL 12 (A) Section 9011 of the Internal Revenue 13 Code of 1986 is amended to read as follows: ‘‘SEC. 9011. JUDICIAL REVIEW. 14 ‘‘For provisions relating to judicial review of certifi- 15 cations, determinations, and actions by the Commission 16 under this chapter, see section 407 of the Federal Election 17 18 Campaign Act of 1971.’’. (B) Section 9041 of the Internal Revenue 19 20 Code of 1986 is amended to read as follows: 21 ‘‘SEC. 9041. JUDICIAL REVIEW. 22 ‘‘For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of 23 24 the Federal Election Campaign Act of 1971.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

322 G:\P\16\HR1\INTRO.XML 322 (C) Section 403 of the Bipartisan Cam- 1 2 paign Finance Reform Act of 2002 (52 U.S.C. 30110 note) is repealed. 3 (c) E FFECTIVE D ATE 4 .—The amendments made by this section shall apply to actions brought on or after Jan- 5 uary 1, 2019. 6 Subtitle C—Honest Ads 7 SEC. 4201. SHORT TITLE. 8 9 This subtitle may be cited as the ‘‘Honest Ads Act’’. SEC. 4202. PURPOSE. 10 11 The purpose of this subtitle is to enhance the integ- rity of American democracy and national security by im- 12 13 proving disclosure requirements for online political adver- 14 tisements in order to uphold the Supreme Court’s well- 15 established standard that the electorate bears the right to be fully informed. 16 SEC. 4203. FINDINGS. 17 Congress makes the following findings: 18 19 (1) On January 6, 2017, the Office of the Di- rector of National Intelligence published a report ti- 20 21 tled ‘‘Assessing Russian Activities and Intentions in 22 Recent U.S. Elections’’, noting that ‘‘Russian Presi- 23 dent Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election . . .’’. 24 25 Moscow’s influence campaign followed a Russian g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

323 G:\P\16\HR1\INTRO.XML 323 messaging strategy that blends covert intelligence 1 2 operation—such as cyber activity—with overt efforts by Russian Government agencies, state-funded 3 4 media, third-party intermediaries, and paid social media users or ‘‘trolls’’. 5 6 (2) On November 24, 2016, The Washington Post reported findings from 2 teams of independent 7 researchers that concluded Russians ‘‘exploited 8 9 American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment . . . 10 as part of a broadly effective strategy of sowing dis- 11 12 trust in U.S. democracy and its leaders.’’. (3) Findings from a 2017 study on the manipu- 13 14 lation of public opinion through social media con- 15 ducted by the Computational Propaganda Research 16 Project at the Oxford Internet Institute found that the Kremlin is using pro-Russian bots to manipulate 17 public discourse to a highly targeted audience. With 18 a sample of nearly 1,300,000 tweets, researchers 19 20 found that in the 2016 election’s 3 decisive States, propaganda constituted 40 percent of the sampled 21 22 election-related tweets that went to Pennsylvanians, 23 34 percent to Michigan voters, and 30 percent to those in Wisconsin. In other swing States, the figure 24 reached 42 percent in Missouri, 41 percent in Flor- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

324 G:\P\16\HR1\INTRO.XML 324 ida, 40 percent in North Carolina, 38 percent in 1 2 Colorado, and 35 percent in Ohio. (4) On September 6, 2017, the nation’s largest 3 4 social media platform disclosed that between June 2015 and May 2017, Russian entities purchased 5 6 $100,000 in political advertisements, publishing roughly 3,000 ads linked to fake accounts associated 7 with the Internet Research Agency, a pro-Kremlin 8 9 organization. According to the company, the ads purchased focused ‘‘on amplifying divisive social and 10 political messages . . .’’. 11 12 (5) In 2002, the Bipartisan Campaign Reform Act became law, establishing disclosure requirements 13 14 for political advertisements distributed from a tele- 15 vision or radio broadcast station or provider of cable 16 or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications 17 established under the Act, noting that such require- 18 ments ‘‘provide the electorate with information and 19 20 insure that the voters are fully informed about the person or group who is speaking.’’. 21 22 (6) According to a study from Borrell Associ- 23 ates, in 2016, $1,415,000,000 was spent on online advertising, more than quadruple the amount in 24 2012. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

325 G:\P\16\HR1\INTRO.XML 325 (7) The reach of a few large internet plat- 1 2 forms—larger than any broadcast, satellite, or cable provider—has greatly facilitated the scope and effec- 3 4 tiveness of disinformation campaigns. For instance, the largest platform has over 210,000,000 Ameri- 5 6 cans users—over 160,000,000 of them on a daily basis. By contrast, the largest cable television pro- 7 vider has 22,430,000 subscribers, while the largest 8 9 satellite television provider has 21,000,000 sub- scribers. And the most-watched television broadcast 10 in United States history had 118,000,000 viewers. 11 12 (8) The public nature of broadcast television, radio, and satellite ensures a level of publicity for 13 14 any political advertisement. These communications 15 are accessible to the press, fact-checkers, and polit- 16 ical opponents; this creates strong disincentives for a candidate to disseminate materially false, inflam- 17 matory, or contradictory messages to the public. So- 18 19 cial media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertise- 20 21 ments often on the basis of private information the 22 platform has on individuals, enabling political adver- tisements that are contradictory, racially or socially 23 inflammatory, or materially false. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

326 G:\P\16\HR1\INTRO.XML 326 (9) According to comScore, 2 companies own 8 1 2 of the 10 most popular smartphone applications as of June 2017, including the most popular social 3 4 media and email services—which deliver information and news to users without requiring proactivity by 5 6 the user. Those same 2 companies accounted for 99 percent of revenue growth from digital advertising in 7 2016, including 77 percent of gross spending. 79 8 9 percent of online Americans—representing 68 per- cent of all Americans—use the single largest social 10 network, while 66 percent of these users are most 11 12 likely to get their news from that site. (10) In its 2006 rulemaking, the Federal Elec- 13 14 tion Commission noted that only 18 percent of all 15 Americans cited the internet as their leading source 16 of news about the 2004 Presidential election; by con- trast, the Pew Research Center found that 65 per- 17 cent of Americans identified an internet-based 18 19 source as their leading source of information for the 2016 election. 20 21 (11) The Federal Election Commission, the 22 independent Federal agency charged with protecting the integrity of the Federal campaign finance proc- 23 ess by providing transparency and administering 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

327 G:\P\16\HR1\INTRO.XML 327 campaign finance laws, has failed to take action to 1 2 address online political advertisements. (12) In testimony before the Senate Select 3 4 Committee on Intelligence titled, ‘‘Disinformation: A Primer in Russian Active Measures and Influence 5 6 Campaigns’’, multiple expert witnesses testified that while the disinformation tactics of foreign adver- 7 saries have not necessarily changed, social media 8 9 services now provide ‘‘platform[s] practically pur- pose-built for active measures[.]’’ Similarly, as Gen. 10 Keith B. Alexander (RET.), the former Director of 11 12 the National Security Agency, testified, during the Cold War ‘‘if the Soviet Union sought to manipulate 13 14 information flow, it would have to do so principally 15 through its own propaganda outlets or through ac- 16 tive measures that would generate specific news: planting of leaflets, inciting of violence, creation of 17 other false materials and narratives. But the news 18 itself was hard to manipulate because it would have 19 20 required actual control of the organs of media, which took long-term efforts to penetrate. Today, however, 21 22 because the clear majority of the information on so- 23 cial media sites is uncurated and there is a rapid proliferation of information sources and other sites 24 that can reinforce information, there is an increasing 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

328 G:\P\16\HR1\INTRO.XML 328 likelihood that the information available to average 1 2 consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable 3 4 than in prior eras.’’. (13) Current regulations on political advertise- 5 6 ments do not provide sufficient transparency to up- hold the public’s right to be fully informed about po- 7 litical advertisements made online. 8 9 SEC. 4204. SENSE OF CONGRESS. It is the sense of Congress that— 10 (1) the dramatic increase in digital political ad- 11 12 vertisements, and the growing centrality of online platforms in the lives of Americans, requires the 13 14 Congress and the Federal Election Commission to 15 take meaningful action to ensure that laws and reg- 16 ulations provide the accountability and transparency that is fundamental to our democracy;. 17 (2) free and fair elections require both trans- 18 parency and accountability which give the public a 19 20 right to know the true sources of funding for polit- ical advertisements in order to make informed polit- 21 22 ical choices and hold elected officials accountable; 23 and (3) transparency of funding for political adver- 24 tisements is essential to enforce other campaign fi- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

329 G:\P\16\HR1\INTRO.XML 329 nance laws, including the prohibition on campaign 1 2 spending by foreign nationals. SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMU- 3 4 NICATION. (a) I .—Paragraph (22) of section 301 of N G ENERAL 5 6 the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by striking ‘‘or satellite commu- 7 8 nication’’ and inserting ‘‘satellite, paid internet, or paid digital communication’’. 9 (b) T REATMENT OF C E XPENDI - 10 ONTRIBUTIONS AND .—Section 301 of such Act (52 U.S.C. 30101) is 11 TURES 12 amended— 13 (1) in paragraph (8)(B)— (A) in clause (v), by striking ‘‘on broad- 14 casting stations, or in newspapers, magazines, 15 or similar types of general public political ad- 16 vertising’’ and inserting ‘‘in any public commu- 17 18 nication’’; (B) in clause (ix), by striking ‘‘broad- 19 20 casting, newspaper, magazine, billboard, direct 21 mail, or similar type of general public commu- 22 nication or political advertising’’ and inserting ‘‘public communication’’; and 23 (C) in clause (x), by striking ‘‘but not in- 24 25 cluding the use of broadcasting, newspapers, g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

330 G:\P\16\HR1\INTRO.XML 330 magazines, billboards, direct mail, or similar 1 2 types of general public communication or polit- ical advertising’’ and inserting ‘‘but not includ- 3 4 ing use in any public communication’’; and (2) in paragraph (9)(B)— 5 6 (A) by amending clause (i) to read as fol- lows: 7 ‘‘(i) any news story, commentary, or 8 editorial distributed through the facilities 9 of any broadcasting station or any print, 10 11 online, or digital newspaper, magazine, blog, publication, or periodical, unless such 12 13 broadcasting, print, online, or digital facili- ties are owned or controlled by any polit- 14 15 ical party, political committee, or can- 16 didate;’’; and 17 (B) in clause (iv), by striking ‘‘on broad- casting stations, or in newspapers, magazines, 18 or similar types of general public political ad- 19 vertising’’ and inserting ‘‘in any public commu- 20 21 nication’’. (c) D D ISCLAIMER S TATEMENTS .— 22 ISCLOSURE AND 23 Subsection (a) of section 318 of such Act (52 U.S.C. 30120) is amended— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

331 G:\P\16\HR1\INTRO.XML 331 (1) by striking ‘‘financing any communication 1 2 through any broadcasting station, newspaper, maga- zine, outdoor advertising facility, mailing, or any 3 4 other type of general public political advertising’’ and inserting ‘‘financing any public communication’’; 5 6 and (2) by striking ‘‘solicits any contribution 7 through any broadcasting station, newspaper, maga- 8 zine, outdoor advertising facility, mailing, or any 9 other type of general public political advertising’’ 10 11 and inserting ‘‘solicits any contribution through any public communication’’. 12 13 SEC. 4206. EXPANSION OF DEFINITION OF ELECTION- EERING COMMUNICATION. 14 (a) E O NLINE C OMMUNICATIONS .— 15 XPANSION TO (1) A PPLICATION TO QUALIFIED INTERNET AND 16 17 .— DIGITAL COMMUNICATIONS (A) I .—Subparagraph (A) of 18 N GENERAL section 304(f)(3) of the Federal Election Cam- 19 20 paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 21 is amended by striking ‘‘or satellite communica- 22 tion’’ each place it appears in clauses (i) and (ii) and inserting ‘‘satellite, or qualified internet 23 24 or digital communication’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

332 G:\P\16\HR1\INTRO.XML 332 1 UALIFIED INTERNET OR DIGITAL (B) Q COMMUNICATION .—Paragraph (3) of section 2 304(f) of such Act (52 U.S.C. 30104(f)) is 3 amended by adding at the end the following 4 5 new subparagraph: ‘‘(D) Q 6 UALIFIED INTERNET OR DIGITAL COMMUNICATION .—The term ‘qualified internet 7 8 or digital communication’ means any commu- nication which is placed or promoted for a fee 9 on an online platform (as defined in subsection 10 (j)(3)).’’. 11 (2) N RELEVANT ELEC - 12 ONAPPLICATION OF TO ONLINE COMMUNICATIONS .—Section 13 TORATE 14 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 15 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any broadcast, cable, or satellite’’ before ‘‘communica- 16 tion’’. 17 (3) N .—Section 18 EWS EXEMPTION 19 304(f)(3)(B)(i) of such Act (52 U.S.C. 20 30104(f)(3)(B)(i)) is amended to read as follows: 21 ‘‘(i) a communication appearing in a 22 news story, commentary, or editorial dis- tributed through the facilities of any 23 broadcasting station or any online or dig- 24 25 ital newspaper, magazine, blog, publica- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

333 G:\P\16\HR1\INTRO.XML 333 tion, or periodical, unless such broad- 1 2 casting, online, or digital facilities are owned or controlled by any political party, 3 4 political committee, or candidate;’’. (b) E .—The amendments made by 5 FFECTIVE D ATE 6 this section shall apply with respect to communications 7 made on or after January 1, 2020. SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO 8 ONLINE COMMUNICATIONS. 9 (a) C ONSPICUOUS - ANNER R EQUIRE LEAR AND 10 M C 11 .—Subsection (a) of section 318 of the Federal Elec- MENT tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 12 13 amended— 14 (1) by striking ‘‘shall clearly state’’ each place 15 it appears in paragraphs (1), (2), and (3) and in- serting ‘‘shall state in a clear and conspicuous man- 16 ner’’; and 17 (2) by adding at the end the following flush 18 sentence: ‘‘For purposes of this section, a commu- 19 20 nication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear 21 or if the placement is easily overlooked.’’. 22 (b) S R ULES FOR Q UALIFIED I NTERNET OR 23 PECIAL D IGITAL C OMMUNICATIONS .— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

334 G:\P\16\HR1\INTRO.XML 334 .—Section 318 of such Act (52 1 N GENERAL (1) I U.S.C. 30120) is amended by adding at the end the 2 3 following new subsection: ‘‘(e) S Q UALIFIED PECIAL NTERNET OR 4 R ULES FOR I D OMMUNICATIONS .— 5 IGITAL C ‘‘(1) S 6 PECIAL RULES WITH RESPECT TO STATE - 7 .—In the case of any qualified internet or MENTS digital communication (as defined in section 8 304(f)(3)(D)) which is disseminated through a me- 9 dium in which the provision of all of the information 10 11 specified in this section is not possible, the commu- 12 nication shall, in a clear and conspicuous manner— 13 ‘‘(A) state the name of the person who paid for the communication; and 14 ‘‘(B) provide a means for the recipient of 15 the communication to obtain the remainder of 16 the information required under this section with 17 18 minimal effort and without receiving or viewing any additional material other than such re- 19 quired information. 20 ‘‘(2) S 21 AFE HARBOR FOR DETERMINING CLEAR AND CONSPICUOUS MANNER .—A statement in quali- 22 fied internet or digital communication (as defined in 23 24 section 304(f)(3)(D)) shall be considered to be made 25 in a clear and conspicuous manner as provided in g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

335 G:\P\16\HR1\INTRO.XML 335 subsection (a) if the communication meets the fol- 1 2 lowing requirements: ‘‘(A) T GRAPHIC - 3 COMMUNICA EXT OR .—In the case of a text or graphic com- TIONS 4 5 munication, the statement— ‘‘(i) appears in letters at least as large 6 as the majority of the text in the commu- 7 nication; and 8 9 ‘‘(ii) meets the requirements of para- graphs (2) and (3) of subsection (c). 10 ‘‘(B) A UDIO 11 COMMUNICATIONS .—In the 12 case of an audio communication, the statement 13 is spoken in a clearly audible and intelligible 14 manner at the beginning or end of the commu- 15 nication and lasts at least 3 seconds. ‘‘(C) V COMMUNICATIONS .—In the 16 IDEO case of a video communication which also in- 17 18 cludes audio, the statement— ‘‘(i) is included at either the beginning 19 20 or the end of the communication; and 21 ‘‘(ii) is made both in— 22 ‘‘(I) a written format that meets the requirements of subparagraph (A) 23 and appears for at least 4 seconds; 24 25 and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

336 G:\P\16\HR1\INTRO.XML 336 ‘‘(II) an audible format that 1 2 meets the requirements of subpara- graph (B). 3 ‘‘(D) O THER COMMUNICATIONS 4 .—In the case of any other type of communication, the 5 6 statement is at least as clear and conspicuous 7 as the statement specified in subparagraph (A), 8 (B), or (C).’’. (2) N ONAPPLICATION EXCEP - 9 OF CERTAIN .—The exceptions provided in section TIONS 10 11 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall 12 have no application to qualified internet or digital 13 communications (as defined in section 304(f)(3)(D) 14 of the Federal Election Campaign Act of 1971). 15 (c) M A ODIFICATION OF EQUIREMENTS 16 DDITIONAL R ERTAIN .—Section 318(d) of such OMMUNICATIONS C 17 FOR C Act (52 U.S.C. 30120(d)) is amended— 18 (1) in paragraph (1)(A)— 19 (A) by striking ‘‘which is transmitted 20 21 through radio’’ and inserting ‘‘which is in an 22 audio format’’; and (B) by striking ‘‘B Y RADIO ’’ in the heading 23 and inserting ‘‘A ’’; 24 UDIO FORMAT 25 (2) in paragraph (1)(B)— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

337 G:\P\16\HR1\INTRO.XML 337 (A) by striking ‘‘which is transmitted 1 2 through television’’ and inserting ‘‘which is in video format’’; and 3 (B) by striking ‘‘B Y TELEVISION 4 ’’ in the heading and inserting ‘‘V IDEO FORMAT ’’; and 5 (3) in paragraph (2)— 6 7 (A) by striking ‘‘transmitted through radio or television’’ and inserting ‘‘made in audio or 8 video format’’; and 9 10 (B) by striking ‘‘through television’’ in the second sentence and inserting ‘‘in video for- 11 mat’’. 12 SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ON- 13 LINE PLATFORMS. 14 (a) I G ENERAL .—Section 304 of the Federal Elec- 15 N 16 tion Campaign Act of 1971 (52 U.S.C. 30104) is amended 17 by adding at the end the following new subsection: ‘‘(j) D C O NLINE A DVERTISE - ISCLOSURE OF ERTAIN 18 19 .— MENTS ‘‘(1) I N GENERAL .— 20 ‘‘(A) R - 21 EQUIREMENTS FOR ONLINE PLAT FORMS .—An online platform shall maintain, 22 and make available for online public inspection 23 24 in machine readable format, a complete record 25 of any request to purchase on such online plat- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

338 G:\P\16\HR1\INTRO.XML 338 form a qualified political advertisement which is 1 2 made by a person whose aggregate requests to purchase qualified political advertisements on 3 4 such online platform during the calendar year 5 exceeds $500. ‘‘(B) R ADVER - 6 EQUIREMENTS FOR 7 TISERS .—Any person who requests to purchase a qualified political advertisement on an online 8 platform shall provide the online platform with 9 such information as is necessary for the online 10 platform to comply with the requirements of 11 subparagraph (A). 12 ‘‘(2) C .—A record main- ONTENTS OF RECORD 13 tained under paragraph (1)(A) shall contain— 14 ‘‘(A) a digital copy of the qualified political 15 advertisement; 16 ‘‘(B) a description of the audience targeted 17 18 by the advertisement, the number of views gen- erated from the advertisement, and the date 19 20 and time that the advertisement is first dis- 21 played and last displayed; and 22 ‘‘(C) information regarding— ‘‘(i) the average rate charged for the 23 24 advertisement; g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

339 G:\P\16\HR1\INTRO.XML 339 ‘‘(ii) the name of the candidate to 1 2 which the advertisement refers and the of- fice to which the candidate is seeking elec- 3 4 tion, the election to which the advertise- ment refers, or the national legislative 5 6 issue to which the advertisement refers (as applicable); 7 ‘‘(iii) in the case of a request made 8 by, or on behalf of, a candidate, the name 9 of the candidate, the authorized committee 10 11 of the candidate, and the treasurer of such committee; and 12 13 ‘‘(iv) in the case of any request not described in clause (iii), the name of the 14 15 person purchasing the advertisement, the 16 name, address, and phone number of a 17 contact person for such person, and a list of the chief executive officers or members 18 of the executive committee or of the board 19 of directors of such person. 20 ‘‘(3) O .—For purposes of this 21 NLINE PLATFORM 22 subsection, the term ‘online platform’ means any 23 public-facing website, web application, or digital ap- plication (including a social network, ad network, or 24 search engine) which— 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

340 G:\P\16\HR1\INTRO.XML 340 ‘‘(A) sells qualified political advertise- 1 2 ments; and ‘‘(B) has 50,000,000 or more unique 3 4 monthly United States visitors or users for a 5 majority of months during the preceding 12 6 months. ‘‘(4) Q 7 .— UALIFIED POLITICAL ADVERTISEMENT ‘‘(A) I 8 N GENERAL .—For purposes of this subsection, the term ‘qualified political adver- 9 tisement’ means any advertisement (including 10 search engine marketing, display advertise- 11 ments, video advertisements, native advertise- 12 ments, and sponsorships) that— 13 14 ‘‘(i) is made by or on behalf of a can- 15 didate; or 16 ‘‘(ii) communicates a message relating to any political matter of national impor- 17 tance, including— 18 ‘‘(I) a candidate; 19 20 ‘‘(II) any election to Federal of- fice; or 21 22 ‘‘(III) a national legislative issue 23 of public importance. ‘‘(5) T IME TO MAINTAIN FILE .—The informa- 24 25 tion required under this subsection shall be made g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

341 G:\P\16\HR1\INTRO.XML 341 available as soon as possible and shall be retained by 1 2 the online platform for a period of not less than 4 years. 3 ‘‘(6) P ENALTIES 4 .—For penalties for failure by 5 online platforms, and persons requesting to purchase a qualified political advertisement on online plat- 6 7 forms, to comply with the requirements of this sub- section, see section 309.’’. 8 (b) R 9 ULEMAKING .—Not later than 90 days after the 10 date of the enactment of this Act, the Federal Election Commission shall establish rules— 11 (1) requiring common data formats for the 12 record required to be maintained under section 13 14 304(j) of the Federal Election Campaign Act of 15 1971 (as added by subsection (a)) so that all online 16 platforms submit and maintain data online in a com- mon, machine-readable and publicly accessible for- 17 mat; and 18 (2) establishing search interface requirements 19 20 relating to such record, including searches by can- didate name, issue, purchaser, and date. 21 (c) R .—Not later than 2 years after the 22 EPORTING 23 date of the enactment of this Act, and biannually there- after, the Chairman of the Federal Election Commission 24 shall submit a report to Congress on— 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

342 G:\P\16\HR1\INTRO.XML 342 (1) matters relating to compliance with and the 1 2 enforcement of the requirements of section 304(j) of the Federal Election Campaign Act of 1971, as 3 4 added by subsection (a); 5 (2) recommendations for any modifications to such section to assist in carrying out its purposes; 6 7 and 8 (3) identifying ways to bring transparency and 9 accountability to political advertisements distributed online for free. 10 SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, 11 INDEPENDENT EXPENDITURES, AND DIS- 12 13 BURSEMENTS FOR ELECTIONEERING COM- MUNICATIONS BY FOREIGN NATIONALS IN 14 THE FORM OF ONLINE ADVERTISING. 15 Section 319 of the Federal Election Campaign Act 16 17 of 1971 (52 U.S.C. 30121), as amended by section 4101(b), is further amended by adding at the end the fol- 18 19 lowing new subsection: ‘‘(d) R ESPONSIBILITIES OF ROADCAST S TATIONS , 20 B P C ABLE AND S ATELLITE T ELEVISION , AND 21 ROVIDERS OF O NLINE LATFORMS .—Each television or radio broadcast 22 P station, provider of cable or satellite television, or online 23 24 platform (as defined in section 304(j)(3)) shall make rea- 25 sonable efforts to ensure that communications described g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

343 G:\P\16\HR1\INTRO.XML 343 in section 318(a) and made available by such station, pro- 1 2 vider, or platform are not purchased by a foreign national, directly or indirectly.’’. 3 4 Subtitle D—Stand By Every Ad 5 SEC. 4301. SHORT TITLE. 6 This Act may be cited as the ‘‘Stand By Every Ad Act’’. 7 8 SEC. 4302. STAND BY EVERY AD. (a) E ISCLAIMER R EQUIREMENTS FOR XPANDED 9 D C OMMUNICATIONS .—Section 318 of the Federal 10 ERTAIN C 11 Election Campaign Act of 1971 (52 U.S.C. 30120), as amended by section 4207(b)(1), is further amended— 12 (1) by redesignating subsection (e) as sub- 13 section (f); and 14 (2) by inserting after subsection (d) the fol- 15 16 lowing new subsection: ‘‘(e) E XPANDED R EQUIREMENTS FOR 17 D ISCLAIMER C ANDIDATES OR A UTHORIZED BY C OMMUNICATIONS 18 N OT C .— 19 OMMITTEES ‘‘(1) I N GENERAL 20 .—Except as provided in para- graph (6), any communication described in para- 21 graph (3) of subsection (a) which is transmitted in 22 an audio or video format (including an Internet or 23 24 digital communication), or which is an Internet or 25 digital communication transmitted in a text or g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

344 G:\P\16\HR1\INTRO.XML 344 graphic format, shall include, in addition to the re- 1 2 quirements of paragraph (3) of subsection (a), the following: 3 4 ‘‘(A) The individual disclosure statement described in paragraph (2)(A) (if the person 5 6 paying for the communication is an individual) or the organizational disclosure statement de- 7 scribed in paragraph (2)(B) (if the person pay- 8 9 ing for the communication is not an individual). ‘‘(B) If the communication is transmitted 10 in a video format, or is an Internet or digital 11 12 communication which is transmitted in a text or graphic format, and is paid for in whole or in 13 14 part with a payment which is treated as a cam- 15 paign-related disbursement under section 324, 16 the Top Five Funders list (if applicable), un- less, on the basis of criteria established in regu- 17 lations issued by the Commission, the commu- 18 nication is of such short duration that including 19 20 the Top Five Funders list in the communication would constitute a hardship to the person pay- 21 22 ing for the communication by requiring a dis- 23 proportionate amount of the content of the communication to consist of the Top Five 24 Funders list. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

345 G:\P\16\HR1\INTRO.XML 345 ‘‘(C) If the communication is transmitted 1 2 in an audio format and is paid for in whole or in part with a payment which is treated as a 3 4 campaign-related disbursement under section 5 324, the Top Two Funders list (if applicable), 6 unless, on the basis of criteria established in regulations issued by the Commission, the com- 7 8 munication is of such short duration that in- cluding the Top Two Funders list in the com- 9 munication would constitute a hardship to the 10 person paying for the communication by requir- 11 12 ing a disproportionate amount of the content of the communication to consist of the Top Two 13 Funders list. 14 ‘‘(2) D .— 15 ISCLOSURE STATEMENTS DESCRIBED ‘‘(A) I DISCLOSURE STATE - 16 NDIVIDUAL .—The individual disclosure statement MENTS 17 described in this subparagraph is the following: 18 ‘I am , and I approve this 19 llllllll message.’, with the blank filled in with the 20 21 name of the applicable individual. ‘‘(B) O DISCLOSURE 22 RGANIZATIONAL .—The organizational disclosure 23 STATEMENTS statement described in this subparagraph is the 24 llllllll , the 25 following: ‘I am g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

346 G:\P\16\HR1\INTRO.XML 346 llllllll llllllll , and of 1 2 llllllll approves this message.’, with— 3 ‘‘(i) the first blank to be filled in with 4 5 the name of the applicable individual; 6 ‘‘(ii) the second blank to be filled in 7 with the title of the applicable individual; and 8 9 ‘‘(iii) the third and fourth blank each to be filled in with the name of the organi- 10 zation or other person paying for the com- 11 munication. 12 ‘‘(3) M 13 ETHOD OF CONVEYANCE OF STATE - .— 14 MENT ‘‘(A) C IN OMMUNICATIONS 15 TEXT OR 16 .—In the case of a commu- GRAPHIC FORMAT 17 nication to which this subsection applies which 18 is transmitted in a text or graphic format, the 19 disclosure statements required under paragraph (1) shall appear in letters at least as large as 20 21 the majority of the text in the communication. ‘‘(B) C OMMUNICATIONS TRANSMITTED IN 22 AUDIO FORMAT .—In the case of a communica- 23 24 tion to which this subsection applies which is 25 transmitted in an audio format, the disclosure g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

347 G:\P\16\HR1\INTRO.XML 347 statements required under paragraph (1) shall 1 2 be made by audio by the applicable individual in a clear and conspicuous manner. 3 ‘‘(C) C OMMUNICATIONS TRANSMITTED IN 4 VIDEO FORMAT .—In the case of a communica- 5 tion to which this subsection applies which is 6 7 transmitted in a video format, the information required under paragraph (1)— 8 ‘‘(i) shall appear in writing at the end 9 10 of the communication or in a crawl along the bottom of the communication in a clear 11 12 and conspicuous manner, with a reasonable 13 degree of color contrast between the back- 14 ground and the printed statement, for a period of at least 6 seconds; and 15 ‘‘(ii) shall also be conveyed by an 16 unobscured, full-screen view of the applica- 17 18 ble individual or by the applicable indi- vidual making the statement in voice-over 19 20 accompanied by a clearly identifiable pho- 21 tograph or similar image of the individual, except in the case of a Top Five Funders 22 list. 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

348 G:\P\16\HR1\INTRO.XML 348 .—The 1 PPLICABLE INDIVIDUAL DEFINED ‘‘(4) A term ‘applicable individual’ means, with respect to a 2 3 communication to which this subsection applies— 4 ‘‘(A) if the communication is paid for by 5 an individual, the individual involved; ‘‘(B) if the communication is paid for by a 6 7 corporation, the chief executive officer of the corporation (or, if the corporation does not have 8 9 a chief executive officer, the highest ranking of- ficial of the corporation); 10 ‘‘(C) if the communication is paid for by a 11 labor organization, the highest ranking officer 12 of the labor organization; and 13 ‘‘(D) if the communication is paid for by 14 15 any other person, the highest ranking official of 16 such person. ‘‘(5) T OP FIVE FUNDERS LIST AND TOP TWO 17 FUNDERS LIST DEFINED .— 18 ‘‘(A) T 19 .—The term OP FIVE FUNDERS LIST ‘Top Five Funders list’ means, with respect to 20 21 a communication which is paid for in whole or 22 in part with a campaign-related disbursement 23 (as defined in section 324), a list of the five persons who, during the 12-month period end- 24 25 ing on the date of the disbursement, provided g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

349 G:\P\16\HR1\INTRO.XML 349 the largest payments of any type in an aggre- 1 2 gate amount equal to or exceeding $10,000 to the person who is paying for the communication 3 4 and the amount of the payments each such per- son provided. If two or more people provided 5 6 the fifth largest of such payments, the person paying for the communication shall select one of 7 those persons to be included on the Top Five 8 Funders list. 9 ‘‘(B) T 10 OP TWO FUNDERS LIST .—The term ‘Top Two Funders list’ means, with respect to 11 12 a communication which is paid for in whole or in part with a campaign-related disbursement 13 14 (as defined in section 324), a list of the persons 15 who, during the 12-month period ending on the 16 date of the disbursement, provided the largest and the second largest payments of any type in 17 an aggregate amount equal to or exceeding 18 $10,000 to the person who is paying for the 19 20 communication and the amount of the pay- ments each such person provided. If two or 21 22 more persons provided the second largest of 23 such payments, the person paying for the com- munication shall select one of those persons to 24 be included on the Top Two Funders list. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

350 G:\P\16\HR1\INTRO.XML 350 OF - 1 CERTAIN XCLUSION PAY ‘‘(C) E 2 .—For purposes of subparagraphs (A) MENTS and (B), in determining the amount of pay- 3 ments made by a person to a person paying for 4 a communication, there shall be excluded the 5 following: 6 ‘‘(i) Any amounts provided in the or- 7 dinary course of any trade or business con- 8 9 ducted by the person paying for the com- munication or in the form of investments 10 in the person paying for the communica- 11 tion. 12 ‘‘(ii) Any payment which the person 13 14 prohibited, in writing, from being used for 15 campaign-related disbursements, but only 16 if the person paying for the communication agreed to follow the prohibition and depos- 17 ited the payment in an account which is 18 segregated from any account used to make 19 campaign-related disbursements. 20 ‘‘(6) E XCEPTION FOR COMMUNICATIONS PAID 21 - 22 FOR BY POLITICAL PARTIES AND CERTAIN POLIT .—This subsection does not apply 23 ICAL COMMITTEES to any communication to which subsection (d)(2) ap- 24 25 plies.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

351 G:\P\16\HR1\INTRO.XML 351 E EQUIREMENTS TO 1 XPANDED PPLICATION OF R (b) A P - ONSISTING OF C AMPAIGN C 2 OMMUNICATIONS UBLIC C R ISBURSEMENTS .—Section 318(a) of such Act 3 ELATED D (52 U.S.C. 30120(a)) is amended by striking ‘‘for the pur- 4 pose of financing communications expressly advocating the 5 6 election or defeat of a clearly identified candidate’’ and inserting ‘‘for a campaign-related disbursement, as de- 7 fined in section 324, consisting of a public communica- 8 tion’’. 9 (c) E OMMUNICATIONS P AID FOR BY 10 XCEPTION FOR C P P ARTIES AND C ERTAIN P OLITICAL C OMMIT - 11 OLITICAL .—Section 318(d)(2) of such Act (52 U.S.C. TEES 12 30120(d)(2)) is amended— 13 (1) in the heading, by striking ‘‘O ’’ and 14 THERS inserting ‘‘ 15 CERTAIN POLITICAL COMMITTEES ’’; 16 (2) by striking ‘‘Any communication’’ and in- serting ‘‘(A) Any communication’’; 17 (3) by inserting ‘‘which (except to the extent 18 19 provided in subparagraph (B)) is paid for by a polit- 20 ical committee (including a political committee of a 21 political party) and’’ after ‘‘subsection (a)’’; (4) by striking ‘‘or other person’’ each place it 22 appears; and 23 24 (5) by adding at the end the following new sub- 25 paragraph: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

352 G:\P\16\HR1\INTRO.XML 352 ‘‘(B)(i) This paragraph does not apply to a 1 2 communication paid for in whole or in part during a calendar year with a campaign-related disburse- 3 4 ment, but only if the covered organization making the campaign-related disbursement made campaign- 5 6 related disbursements (as defined in section 324) ag- gregating more than $10,000 during such calendar 7 year. 8 9 ‘‘(ii) For purposes of clause (i), in determining the amount of campaign-related disbursements made 10 by a covered organization during a year, there shall 11 12 be excluded the following: ‘‘(I) Any amounts received by the covered 13 14 organization in the ordinary course of any trade 15 or business conducted by the covered organiza- 16 tion or in the form of investments in the cov- ered organization. 17 ‘‘(II) Any amounts received by the covered 18 19 organization from a person who prohibited, in writing, the organization from using such 20 21 amounts for campaign-related disbursements, 22 but only if the covered organization agreed to follow the prohibition and deposited the 23 amounts in an account which is segregated 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

353 G:\P\16\HR1\INTRO.XML 353 from any account used to make campaign-re- 1 2 lated disbursements.’’. SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICA- 3 4 TIONS MADE THROUGH PRERECORDED TELE- 5 PHONE CALLS. (a) A .— 6 R PPLICATION OF EQUIREMENTS (1) I 7 N GENERAL .—Section 318(a) of the Fed- eral Election Campaign Act of 1971 (52 U.S.C. 8 30120(a)), as amended by section 4205(c), is 9 10 amended by inserting after ‘‘public communication’’ each place it appears the following: ‘‘(including a 11 telephone call consisting in substantial part of a 12 prerecorded audio message)’’. 13 (2) A - 14 PPLICATION TO COMMUNICATIONS SUB .— 15 JECT TO EXPANDED DISCLAIMER REQUIREMENTS 16 Section 318(e)(1) of such Act (52 U.S.C. 17 30120(e)(1)), as added by section 4302(a), is amended in the matter preceding subparagraph (A) 18 by striking ‘‘which is transmitted in an audio or 19 video format’’ and inserting ‘‘which is transmitted in 20 an audio or video format or which consists of a tele- 21 22 phone call consisting in substantial part of a prerecorded audio message’’. 23 (b) T C OMMUNICATION T RANSMITTED 24 REATMENT AS 25 A F ORMAT .— UDIO IN g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

354 G:\P\16\HR1\INTRO.XML 354 - 1 OMMUNICATIONS BY CANDIDATES OR AU (1) C THORIZED PERSONS .—Section 318(d) of such Act 2 (52 U.S.C. 30120(d)) is amended by adding at the 3 4 end the following new paragraph: ‘‘(3) P 5 .—Any RERECORDED TELEPHONE CALLS communication described in paragraph (1), (2), or 6 (3) of subsection (a) (other than a communication 7 which is subject to subsection (e)) which is a tele- 8 9 phone call consisting in substantial part of a prerecorded audio message shall include, in addition 10 to the requirements of such paragraph, the audio 11 statement required under subparagraph (A) of para- 12 graph (1) or the audio statement required under 13 14 paragraph (2) (whichever is applicable), except that 15 the statement shall be made at the beginning of the 16 telephone call.’’. (2) C 17 OMMUNICATIONS SUBJECT TO EXPANDED DISCLAIMER REQUIREMENTS .—Section 318(e)(3) of 18 19 such Act (52 U.S.C. 30120(e)(3)), as added by sec- tion 4302(a), is amended by adding at the end the 20 21 following new subparagraph: ‘‘(C) P RERECORDED TELEPHONE CALLS 22 .— In the case of a communication to which this 23 subsection applies which is a telephone call con- 24 25 sisting in substantial part of a prerecorded g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

355 G:\P\16\HR1\INTRO.XML 355 1 audio message, the communication shall be con- sidered to be transmitted in an audio format.’’. 2 SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DIS- 3 CLAIMER REQUIREMENTS ON INTERNET 4 COMMUNICATIONS. 5 Nothing in this subtitle or the amendments made by 6 7 this subtitle may be construed to require any person who is not required under section 318 of the Federal Election 8 Campaign Act of 1971 (as provided under section 110.11 9 of title 11 of the Code of Federal Regulations) to include 10 11 a disclaimer on communications made by the person 12 through the internet to include any disclaimer on any such 13 communications. SEC. 4305. EFFECTIVE DATE. 14 The amendments made by this subtitle shall apply 15 with respect to communications made on or after January 16 17 1, 2020, and shall take effect without regard to whether 18 or not the Federal Election Commission has promulgated regulations to carry out such amendments. 19 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

356 G:\P\16\HR1\INTRO.XML 356 Subtitle E—Secret Money 1 2 Transparency SEC. 4401. REPEAL OF RESTRICTION OF USE OF FUNDS BY 3 4 INTERNAL REVENUE SERVICE TO BRING TRANSPARENCY TO POLITICAL ACTIVITY OF 5 CERTAIN NONPROFIT ORGANIZATIONS. 6 Notwithstanding section 101 of division C of Public 7 8 Law 115–245, section 125 of Division E of the Consoli- dated Appropriations Act, 2018 shall have no force or ef- 9 fect during fiscal year 2019. 10 Subtitle F—Shareholder Right-to- 11 12 Know 13 SEC. 4501. REPEAL OF RESTRICTION ON USE OF FUNDS BY 14 SECURITIES AND EXCHANGE COMMISSION TO ENSURE SHAREHOLDERS OF CORPORATIONS 15 HAVE KNOWLEDGE OF CORPORATION POLIT- 16 17 ICAL ACTIVITY. Notwithstanding section 101 of division C of Public 18 19 Law 115–245, section 631 of Division E of the Consoli- 20 dated Appropriations Act, 2019 shall have no force or ef- fect during fiscal year 2019. 21 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

357 G:\P\16\HR1\INTRO.XML 357 Subtitle G—Disclosure of Political 1 2 Spending by Government Con- tractors 3 4 SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS TO 5 REQUIRE DISCLOSURE OF POLITICAL SPEND- 6 ING BY GOVERNMENT CONTRACTORS. Notwithstanding section 101 of division C of Public 7 8 Law 115–245, section 735 of Division E of the Consoli- dated Appropriations Act, 2019 shall have no force or ef- 9 fect during fiscal year 2019. 10 Subtitle H—Limitation and Disclo- 11 12 sure Requirements for Presi- dential Inaugural Committees 13 SEC. 4701. SHORT TITLE. 14 This subtitle may be cited as the ‘‘Presidential Inau- 15 gural Committee Oversight Act’’. 16 17 SEC. 4702. LIMITATIONS AND DISCLOSURE OF CERTAIN DO- 18 NATIONS TO, AND DISBURSEMENTS BY, INAU- 19 GURAL COMMITTEES. (a) R I NAUGURAL C OMMIT EQUIREMENTS 20 FOR - .—Title III of the Federal Election Campaign Act 21 TEES 22 of 1971 (52 U.S.C. 30101 et seq.) is amended by adding 23 at the end the following new section: 24 ‘‘SEC. 325. INAUGURAL COMMITTEES. ‘‘(a) P D ONATIONS .— 25 ROHIBITED g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

358 G:\P\16\HR1\INTRO.XML 358 .—It shall be unlawful— 1 N GENERAL ‘‘(1) I ‘‘(A) for an Inaugural Committee— 2 3 ‘‘(i) to solicit, accept, or receive a do- nation from a person that is not an indi- 4 5 vidual; or ‘‘(ii) to solicit, accept, or receive a do- 6 nation from a foreign national; 7 ‘‘(B) for a person— 8 ‘‘(i) to make a donation to an Inau- 9 10 gural Committee in the name of another person, or to knowingly authorize his or 11 12 her name to be used to effect such a dona- tion; 13 14 ‘‘(ii) to knowingly accept a donation 15 to an Inaugural Committee made by a per- 16 son in the name of another person; or ‘‘(iii) to convert a donation to an In- 17 augural Committee to personal use as de- 18 scribed in paragraph (2); and 19 20 ‘‘(C) for a foreign national to, directly or indirectly, make a donation, or make an express 21 22 or implied promise to make a donation, to an 23 Inaugural Committee. ‘‘(2) C ONVERSION OF DONATION TO PERSONAL 24 .—For purposes of paragraph (1)(B)(iii), a do- 25 USE g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

359 G:\P\16\HR1\INTRO.XML 359 nation shall be considered to be converted to per- 1 2 sonal use if any part of the donated amount is used to fulfill a commitment, obligation, or expense of a 3 4 person that would exist irrespective of the respon- 5 sibilities of the Inaugural Committee under chapter 6 5 of title 36, United States Code. ‘‘(3) N 7 - O EFFECT ON DISBURSEMENT OF UN USED NONPROFIT ORGANIZATIONS .— 8 FUNDS TO 9 Nothing in this subsection may be construed to pro- hibit an Inaugural Committee from disbursing un- 10 used funds to an organization which is described in 11 12 section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 13 14 501(a) of such Code. ‘‘(b) L IMITATION ON .— 15 D ONATIONS ‘‘(1) I .—It shall be unlawful for an N GENERAL 16 individual to make donations to an Inaugural Com- 17 mittee which, in the aggregate, exceed $50,000. 18 ‘‘(2) I .—At the beginning of each 19 NDEXING 20 Presidential election year (beginning with 2024), the 21 amount described in paragraph (1) shall be in- creased by the cumulative percent difference deter- 22 mined in section 315(c)(1)(A) since the previous 23 24 Presidential election year. If any amount after such g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

360 G:\P\16\HR1\INTRO.XML 360 increase is not a multiple of $1,000, such amount 1 2 shall be rounded to the nearest multiple of $1,000. ‘‘(c) D ERTAIN ONATIONS AND D IS - 3 D ISCLOSURE OF C 4 .— BURSEMENTS ‘‘(1) D 000 .— 5 ONATIONS OVER $1 , ‘‘(A) I 6 N GENERAL .—An Inaugural Com- 7 mittee shall file with the Commission a report disclosing any donation by an individual to the 8 committee in an amount of $1,000 or more not 9 later than 24 hours after the receipt of such do- 10 11 nation. ‘‘(B) C ONTENTS OF REPORT .—A report 12 13 filed under subparagraph (A) shall contain— ‘‘(i) the amount of the donation; 14 ‘‘(ii) the date the donation is received; 15 and 16 17 ‘‘(iii) the name and address of the in- dividual making the donation. 18 ‘‘(2) F .—Not later than the date 19 INAL REPORT 20 that is 90 days after the date of the Presidential in- 21 augural ceremony, the Inaugural Committee shall file with the Commission a report containing the fol- 22 lowing information: 23 24 ‘‘(A) For each donation of money or any- 25 thing of value made to the committee in an ag- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

361 G:\P\16\HR1\INTRO.XML 361 gregate amount equal to or greater than 1 2 $200— ‘‘(i) the amount of the donation; 3 4 ‘‘(ii) the date the donation is received; and 5 6 ‘‘(iii) the name and address of the in- dividual making the donation. 7 ‘‘(B) The total amount of all disburse- 8 9 ments, and all disbursements in the following categories: 10 ‘‘(i) Disbursements made to meet 11 12 committee operating expenses. ‘‘(ii) Repayment of all loans. 13 14 ‘‘(iii) Donation refunds and other off- 15 sets to donations. 16 ‘‘(iv) Any other disbursements. ‘‘(C) The name and address of each per- 17 son— 18 19 ‘‘(i) to whom a disbursement in an ag- gregate amount or value in excess of $200 20 21 is made by the committee to meet a com- 22 mittee operating expense, together with date, amount, and purpose of such oper- 23 ating expense; 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

362 G:\P\16\HR1\INTRO.XML 362 ‘‘(ii) who receives a loan repayment 1 2 from the committee, together with the date and amount of such loan repayment; 3 4 ‘‘(iii) who receives a donation refund or other offset to donations from the com- 5 mittee, together with the date and amount 6 of such disbursement; and 7 ‘‘(iv) to whom any other disbursement 8 in an aggregate amount or value in excess 9 10 of $200 is made by the committee, to- gether with the date and amount of such 11 disbursement. 12 ‘‘(d) D .—For purposes of this section: 13 EFINITIONS 14 ‘‘(1)(A) The term ‘donation’ includes— 15 ‘‘(i) any gift, subscription, loan, ad- vance, or deposit of money or anything of 16 value made by any person to the com- 17 mittee; or 18 19 ‘‘(ii) the payment by any person of compensation for the personal services of 20 21 another person which are rendered to the 22 committee without charge for any purpose. ‘‘(B) The term ‘donation’ does not include 23 the value of services provided without com- 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

363 G:\P\16\HR1\INTRO.XML 363 pensation by any individual who volunteers on 1 2 behalf of the committee. ‘‘(2) The term ‘foreign national’ has the mean- 3 4 ing given that term by section 319(b). 5 ‘‘(3) The term ‘Inaugural Committee’ has the 6 meaning given that term by section 501 of title 36, 7 United States Code.’’. (b) C MENDMENT R ELATED TO R ONFIRMING - 8 A E R .—Section 304 of the Federal 9 PORTING EQUIREMENTS 10 Election Campaign Act (52 U.S.C. 30104) is amended— (1) by striking subsection (h); and 11 (2) by redesignating subsection (i) as subsection 12 (h). 13 (c) C A MENDMENT R ELATED TO S TATUS 14 ONFORMING C OF 15 OMMITTEE .—Section 510 of title 36, United States 16 Code, is amended to read as follows: ‘‘§ 510. Disclosure of and prohibition on certain dona- 17 tions 18 19 ‘‘A committee shall not be considered to be the Inau- 20 gural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of sec- 21 22 tion 325 of the Federal Election Campaign Act of 1971.’’. (d) E FFECTIVE ATE .—The amendments made by 23 D this Act shall apply with respect to Inaugural Committees 24 25 established under chapter 5 of title 36, United States g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

364 G:\P\16\HR1\INTRO.XML 364 Code, for inaugurations held in 2021 and any succeeding 1 2 year. Subtitle I—Severability 3 4 SEC. 4801. SEVERABILITY. 5 If any provision of this title or amendment made by this title, or the application of a provision or amendment 6 7 to any person or circumstance, is held to be unconstitu- 8 tional, the remainder of this title and amendments made 9 by this title, and the application of the provisions and amendment to any person or circumstance, shall not be 10 11 affected by the holding. TITLE V—CAMPAIGN FINANCE 12 EMPOWERMENT 13 Decision Subtitle A—Findings Relating to Citizens United decision. Sec. 5001. Findings relating to Citizens United Subtitle B—Congressional Elections Sec. 5100. Short title. ART 1—M Y V OICE V OUCHER P ILOT P ROGRAM P Sec. 5101. Establishment of pilot program. Sec. 5102. Voucher program described. Sec. 5103. Reports. Sec. 5104. Definitions. INANCING OF MALL D OLLAR F ART C ONGRESSIONAL E LECTION 2—S P AMPAIGNS C Sec. 5111. Benefits and eligibility requirements for candidates. ‘‘TITLE V—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS ‘‘Subtitle A—Benefits ‘‘Sec. 501. Benefits for participating candidates. ‘‘Sec. 502. Procedures for making payments. ‘‘Sec. 503. Use of funds. ‘‘Sec. 504. Qualified small dollar contributions described. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00364 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

365 G:\P\16\HR1\INTRO.XML 365 ‘‘Subtitle B—Eligibility and Certification ‘‘Sec. 511. Eligibility. ‘‘Sec. 512. Qualifying requirements. ‘‘Sec. 513. Certification. ‘‘Subtitle C—Requirements for Candidates Certified as Participating Candidates ‘‘Sec. 521. Contribution and expenditure requirements. ‘‘Sec. 522. Administration of campaign. ‘‘Sec. 523. Preventing unnecessary spending of public funds. ‘‘Sec. 524. Remitting unspent funds after election. ‘‘Subtitle A—Enhanced Match Support ‘‘Sec. 531. Enhanced support for general election. ‘‘Sec. 532. Eligibility. ‘‘Sec. 533. Amount. ‘‘Sec. 534. Waiver of authority to retain portion of unspent funds after election. ‘‘Subtitle B—Administrative Provisions ‘‘Sec. 541. Freedom From Influence Fund. ‘‘Sec. 542. Reviews and reports by Government Accountability Office. ‘‘Sec. 543. Administration by Commission. ‘‘Sec. 544. Violations and penalties. ‘‘Sec. 545. Appeals process. ‘‘Sec. 546. Indexing of amounts. ‘‘Sec. 547. Election cycle defined. Sec. 5112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 5113. Prohibiting use of contributions by participating candidates for pur- poses other than campaign for election. Sec. 5114. Effective date. Subtitle C—Presidential Elections Sec. 5200. Short title. ART P E LECTIONS 1—P RIMARY Sec. 5201. Increase in and modifications to matching payments. Sec. 5202. Eligibility requirements for matching payments. Sec. 5203. Repeal of expenditure limitations. Sec. 5204. Period of availability of matching payments. Sec. 5205. Examination and audits of matchable contributions. Sec. 5206. Modification to limitation on contributions for Presidential primary candidates. ART 2—G ENERAL E LECTIONS P Sec. 5211. Modification of eligibility requirements for public financing. Sec. 5212. Repeal of expenditure limitations and use of qualified campaign con- tributions. Sec. 5213. Matching payments and other modifications to payment amounts. Sec. 5214. Increase in limit on coordinated party expenditures. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00365 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

366 G:\P\16\HR1\INTRO.XML 366 Sec. 5215. Establishment of uniform date for release of payments. Sec. 5216. Amounts in Presidential Election Campaign Fund. Sec. 5217. Use of general election payments for general election legal and ac- counting compliance. 3—E D ATE FFECTIVE ART P Sec. 5221. Effective date. Subtitle D—Personal Use Services as Authorized Campaign Expenditures Sec. 5301. Short title; findings. Sec. 5302. Treatment of payments for child care and other personal use serv- ices as authorized campaign expenditure. Subtitle E—Severability Sec. 5401. Severability. 1 Subtitle A—Findings Relating to 2 Citizens United Decision DECI- 3 SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED 4 SION. Congress finds the following: 5 6 (1) The American Republic was founded on the 7 principle that all people are created equal, with 8 rights and responsibilities as citizens to vote, be rep- resented, speak, debate, and participate in self-gov- 9 ernment on equal terms regardless of wealth. To se- 10 cure these rights and responsibilities, our Constitu- 11 tion not only protects the equal rights of all Ameri- 12 13 cans but also provides checks and balances to pre- vent corruption and prevent concentrated power and 14 15 wealth from undermining effective self-government. Citizens 16 (2) The Supreme Court’s decisions in v. Federal Election Commission , 558 U.S. 17 United g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

367 G:\P\16\HR1\INTRO.XML 367 v. 310 (2010) and 1 FEC McCutcheon , 572 U.S. 185 2 (2014), as well as other court decisions, erroneously 3 invalidated even-handed rules about the spending of 4 money in local, State, and Federal elections. These flawed decisions have empowered large corporations, 5 extremely wealthy individuals, and special interests 6 to dominate election spending, corrupt our politics, 7 and degrade our democracy through tidal waves of 8 9 unlimited and anonymous spending. These decisions also stand in contrast to a long history of efforts by 10 11 Congress and the States to regulate money in poli- tics to protect democracy, and they illustrate a trou- 12 13 bling deregulatory trend in campaign finance-related 14 court decisions. Additionally, an unknown amount of 15 foreign money continues to be spent in our political system as subsidiaries of foreign-based corporations 16 and hostile foreign actors sometimes connected to 17 nation-States work to influence our elections. 18 19 (3) The Supreme Court’s misinterpretation of the Constitution to empower monied interests at the 20 21 expense of the American people in elections has seri- 22 ously eroded over 100 years of congressional action to promote fairness and protect elections from the 23 toxic influence of money. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

368 G:\P\16\HR1\INTRO.XML 368 (4) In 1907, Congress passed the Tillman Act 1 2 in response to the concentration of corporate power in the post-Civil War Gilded Age. The Act prohibited 3 4 corporations from making contributions in connec- tion with Federal elections, aiming ‘‘not merely to 5 6 prevent the subversion of the integrity of the elec- toral process [but] . . . to sustain the active, alert 7 responsibility of the individual citizen in a democ- 8 9 racy for the wise conduct of government’’. (5) By 1910, Congress began passing disclosure 10 requirements and campaign expenditure limits, and 11 12 dozens of States passed corrupt practices Acts to prohibit corporate spending in elections. States also 13 14 enacted campaign spending limits, and some States 15 limited the amount that people could contribute to 16 campaigns. (6) In 1947, the Taft-Hartley Act prohibited 17 corporations and unions from making campaign con- 18 tributions or other expenditures to influence elec- 19 20 tions. In 1962, a Presidential commission on election spending recommended spending limits and incen- 21 22 tives to increase small contributions from more peo- 23 ple. (7) The Federal Election Campaign Act of 24 1971 (FECA), as amended in 1974, required disclo- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

369 G:\P\16\HR1\INTRO.XML 369 sure of contributions and expenditures, imposed con- 1 2 tribution and expenditure limits for individuals and groups, set spending limits for campaigns, can- 3 4 didates, and groups, implemented a public funding system for Presidential campaigns, and created the 5 6 Federal Election Commission to oversee and enforce the new rules. 7 and other (8) In the wake of Citizens United 8 9 damaging Federal court decisions, Americans have witnessed an explosion of outside spending in elec- 10 tions. Outside spending increased nearly 900 percent 11 between the 2008 and 2016 Presidential election 12 years. Indeed, the 2018 elections once again made 13 clear the overwhelming political power of wealthy 14 15 special interests, to the tune of over $5,000,000,000. Citizens And as political entities adapt to a post- 16 McCutcheon 17 United landscape, these trends are , post- getting worse, as evidenced by the experience in the 18 19 2018 midterm congressional elections, where outside spending more than doubled from the previous mid- 20 21 term cycle. 22 (9) The torrent of money flowing into our polit- 23 ical system has a profound effect on the democratic process for everyday Americans, whose voices and 24 25 policy preferences are increasingly being drowned g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

370 G:\P\16\HR1\INTRO.XML 370 out by those of wealthy special interests. The more 1 2 campaign cash from wealthy special interests can flood our elections, the more policies that favor those 3 4 interests are reflected in the national political agen- da. When it comes to policy preferences, our Na- 5 6 tion’s wealthiest tend to have fundamentally dif- ferent views than do average Americans when it 7 comes to issues ranging from unemployment benefits 8 9 to the minimum wage to health care coverage. (10) The Court has tied the hands of Congress 10 and the States, severely restricting them from set- 11 12 ting reasonable limits on campaign spending. For example, the Court has held that only the Govern- 13 14 ment’s interest in preventing quid pro quo corrup- 15 tion, like bribery, or the appearance of such corrup- 16 tion, can justify limits on campaign contributions. More broadly, the Court has severely curtailed at- 17 tempts to reduce the ability of the Nation’s wealthi- 18 est and most powerful to skew our democracy in 19 20 their favor by buying outsized influence in our elec- tions. Because this distortion of the Constitution has 21 22 prevented truly meaningful regulation or reform of 23 the way we finance elections in America, a constitu- tional amendment is needed to achieve a democracy 24 for all the people. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

371 G:\P\16\HR1\INTRO.XML 371 deci- (11) Since the landmark 1 Citizens United sion, 19 States and nearly 800 municipalities, in- 2 3 cluding large cities like New York, Los Angeles, Chi- cago, and Philadelphia, have gone on record sup- 4 5 porting a constitutional amendment. Transcending political leanings and geographic location, voters in 6 States and municipalities across the country that 7 have placed amendment questions on the ballot have 8 routinely supported these initiatives by considerably 9 10 large margins. (12) At the same time millions of Americans 11 12 have signed petitions, marched, called their Members of Congress, written letters to the editor, and other- 13 14 wise demonstrated their public support for a con- Citizens United stitutional amendment to overturn 15 that will allow Congress to reign in the outsized in- 16 fluence of unchecked money in politics. Dozens of 17 organizations, representing tens of millions of indi- 18 viduals, have come together in a shared strategy of 19 supporting such an amendment. 20 21 (13) In order to protect the integrity of democ- 22 racy and the electoral process and to ensure political 23 equality for all, the Constitution should be amended so that Congress and the States may regulate and 24 25 set limits on the raising and spending of money to g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

372 G:\P\16\HR1\INTRO.XML 372 influence elections and may distinguish between nat- 1 2 ural persons and artificial entities, like corporations, that are created by law, including by prohibiting 3 4 such artificial entities from spending money to influ- ence elections. 5 6 Subtitle B—Congressional Elections 7 SEC. 5100. SHORT TITLE. 8 This subtitle may be cited as the ‘‘Government By 9 the People Act of 2019’’. 10 11 PART 1—MY VOICE VOUCHER PILOT PROGRAM SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM. 12 (a) E STABLISHMENT .—The Federal Election Com- 13 14 mission (hereafter in this part referred to as the ‘‘Commis- 15 sion’’) shall establish a pilot program under which the 16 Commission shall select 3 eligible States to operate a voucher pilot program which is described in section 5102 17 during the program operation period. 18 (b) E TATES .—A State is eligible to 19 LIGIBILITY OF S 20 be selected to operate a voucher pilot program under this 21 part if, not later than 180 days after the beginning of the program application period, the State submits to the Com- 22 mission an application containing— 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

373 G:\P\16\HR1\INTRO.XML 373 (1) information and assurances that the State 1 2 will operate a voucher program which contains the elements described in section 5102(a); 3 4 (2) information and assurances that the State 5 will establish fraud prevention mechanisms described 6 in section 5102(b); (3) information and assurances that the State 7 8 will establish a commission to oversee and implement the program as described in section 5102(c); 9 (4) information and assurances that the State 10 will carry out a public information campaign as de- 11 12 scribed in section 5102(d); (5) information and assurances that the State 13 will submit reports as required under section 5103; 14 and 15 (6) such other information and assurances as 16 17 the Commission may require. (c) S ELECTION OF S TATES .— 18 P ARTICIPATING (1) I N GENERAL 19 .—Not later than 1 year after the beginning of the program application period, the 20 Commission shall select the 3 States which will oper- 21 22 ate voucher pilot programs under this part. (2) C RITERIA 23 .—In selecting States for the oper- ation of the voucher pilot programs under this part, 24 25 the Commission shall apply such criteria and metrics g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

374 G:\P\16\HR1\INTRO.XML 374 as the Commission considers appropriate to deter- 1 2 mine the ability of a State to operate the program successfully, and shall attempt to select States in a 3 4 variety of geographic regions and with a variety of 5 political party preferences. (3) N - O SUPERMAJORITY REQUIRED FOR SELEC 6 7 .—The selection of States by the Commission TION under this subsection shall require the approval of 8 9 only half of the Members of the Commission. (d) D P D URING S ROGRAM TATES REPARA - 10 UTIES OF P P ERIOD .—During the program preparation period, 11 TION 12 each State selected to operate a voucher pilot program 13 under this part shall take such actions as may be nec- essary to ensure that the State will be ready to operate 14 the program during the program operation period, and 15 shall complete such actions not later than 90 days before 16 the beginning of the program operation period. 17 (e) T .—Each voucher pilot program 18 ERMINATION under this part shall terminate as of the first day after 19 20 the program operation period. (f) R EIMBURSEMENT OF OSTS .—Upon receiving the 21 C report submitted by a State under section 5103(a) with 22 23 respect to an election cycle, the Commission shall transmit 24 a payment to the State in an amount equal to the reason- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

375 G:\P\16\HR1\INTRO.XML 375 able costs incurred by the State in operating the voucher 1 2 pilot program under this part during the cycle. SEC. 5102. VOUCHER PROGRAM DESCRIBED. 3 (a) G .— ROGRAM E 4 LEMENTS OF ENERAL P (1) E LEMENTS DESCRIBED .—The elements of a 5 6 voucher pilot program operated by a State under this part are as follows: 7 (A) The State shall provide each qualified 8 individual upon the individual’s request with a 9 voucher worth $25 to be known as a ‘‘My Voice 10 Voucher’’ during the election cycle which will be 11 12 assigned a routing number and which at the op- 13 tion of the individual will be provided in either 14 paper or electronic form. (B) Using the routing number assigned to 15 the My Voice Voucher, the individual may sub- 16 mit the My Voice Voucher in either electronic 17 or paper form to qualified candidates for elec- 18 19 tion for the office of Representative in, or Dele- gate or Resident Commissioner to, the Congress 20 21 and allocate such portion of the value of the My 22 Voice Voucher in increments of $5 as the indi- 23 vidual may select to any such candidate. (C) If the candidate transmits the My 24 25 Voice Voucher to the Commission, the Commis- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

376 G:\P\16\HR1\INTRO.XML 376 sion shall pay the candidate the portion of the 1 2 value of the My Voice Voucher that the indi- vidual allocated to the candidate, which shall be 3 4 considered a contribution by the individual to the candidate for purposes of the Federal Elec- 5 tion Campaign Act of 1971. 6 (2) D QUALIFIED INDIVID ESIGNATION 7 OF - .—For purposes of paragraph (1)(A), a ‘‘quali- UALS 8 9 fied individual’’ with respect to a State means an in- dividual— 10 11 (A) who is a resident of the State; (B) who will be of voting age as of the 12 13 date of the election for the candidate to whom 14 the individual submits a My Voice Voucher; and 15 (C) who is not prohibited under Federal law from making contributions to candidates 16 for election for Federal office. 17 (3) T 18 REATMENT AS CONTRIBUTION TO CAN - .—For purposes of the Federal Election 19 DIDATE 20 Campaign Act of 1971, the submission of a My 21 Voice Voucher to a candidate by an individual shall 22 be treated as a contribution to the candidate by the individual in the amount of the portion of the value 23 of the Voucher that the individual allocated to the 24 25 candidate. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

377 G:\P\16\HR1\INTRO.XML 377 P ECHANISM .—In addition 1 REVENTION RAUD M (b) F 2 to the elements described in subsection (a), a State oper- 3 ating a voucher pilot program under this part shall permit 4 an individual to revoke a My Voice Voucher not later than 2 days after submitting the My Voice Voucher to a can- 5 didate. 6 (c) O OMMISSION VERSIGHT 7 C .—In addition to the ele- 8 ments described in subsection (a), a State operating a voucher pilot program under this part shall establish a 9 commission or designate an existing entity to oversee and 10 implement the program in the State, except that no such 11 commission or entity may be comprised of elected officials. 12 (d) P I NFORMATION C AMPAIGN .—In addition 13 UBLIC 14 to the elements described in subsection (a), a State oper- 15 ating a voucher pilot program under this part shall carry out a public information campaign to disseminate aware- 16 ness of the program among qualified individuals. 17 SEC. 5103. REPORTS. 18 (a) P EPORT .—Not later than 6 19 R RELIMINARY 20 months after the first election cycle of the program oper- 21 ation period, a State which operates a voucher pilot pro- 22 gram under this part shall submit a report to the Commis- sion analyzing the operation and effectiveness of the pro- 23 gram during the cycle and including such other informa- 24 25 tion as the Commission may require. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

378 G:\P\16\HR1\INTRO.XML 378 R 1 EPORT INAL .—Not later than 6 months after (b) F 2 the end of the program operation period, the State shall 3 submit a final report to the Commission analyzing the op- 4 eration and effectiveness of the program and including such other information as the Commission may require. 5 (c) R OMMISSION .—Not later than the EPORT BY C 6 7 end of the first election cycle which begins after the pro- gram operation period, the Commission shall submit a re- 8 port to Congress which summarizes and analyzes the re- 9 sults of the voucher pilot program, and shall include in 10 the report such recommendations as the Commission con- 11 12 siders appropriate regarding the expansion of the pilot program to all States and territories, along with such 13 14 other recommendations and other information as the Com- 15 mission considers appropriate. 16 SEC. 5104. DEFINITIONS. (a) E C YCLE .—In this part, the term ‘‘elec- 17 LECTION tion cycle’’ means the period beginning on the day after 18 19 the date of the most recent regularly scheduled general election for Federal office and ending on the date of the 20 next regularly scheduled general election for Federal of- 21 22 fice. (b) D EFINITIONS ELATING TO P ERIODS .—In this 23 R 24 part, the following definitions apply: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

379 G:\P\16\HR1\INTRO.XML 379 .—The term 1 ROGRAM APPLICATION PERIOD (1) P ‘‘program application period’’ means the first elec- 2 3 tion cycle which begins after the date of the enact- 4 ment of this Act. (2) P ROGRAM .—The 5 PREPARATION PERIOD 6 term ‘‘program preparation period’’ means the first election cycle which begins after the program appli- 7 cation period. 8 (3) P .—The term 9 ROGRAM OPERATION PERIOD 10 ‘‘program operation period’’ means the first 2 elec- 11 tion cycles which begin after the program prepara- tion period. 12 PART 2—SMALL DOLLAR FINANCING OF 13 14 CONGRESSIONAL ELECTION CAMPAIGNS SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS 15 16 FOR CANDIDATES. 17 The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end 18 the following: 19 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

380 G:\P\16\HR1\INTRO.XML 380 ‘‘TITLE V—SMALL DOLLAR FI- 1 2 NANCING OF CONGRES- SIONAL ELECTION CAM- 3 4 PAIGNS 5 ‘‘Subtitle A—Benefits ‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 6 ‘‘(a) I .—If a candidate for election to the 7 ENERAL N G office of Representative in, or Delegate or Resident Com- 8 missioner to, the Congress is certified as a participating 9 candidate under this title with respect to an election for 10 11 such office, the candidate shall be entitled to payments as provided under this title. 12 ‘‘(b) A AYMENT MOUNT OF 13 P .—The amount of a pay- 14 ment made under this title shall be equal to 600 percent 15 of the amount of qualified small dollar contributions re- 16 ceived by the candidate since the most recent payment 17 made to the candidate under this title during the election cycle, without regard to whether or not the candidate re- 18 ceived any of the contributions before, during, or after the 19 Small Dollar Democracy qualifying period applicable to 20 21 the candidate under section 511(c). ‘‘(c) L ON A GGREGATE A MOUNT OF P AY - 22 IMIT .—The aggregate amount of payments made to a 23 MENTS participating candidate with respect to an election cycle 24 25 under this title may not exceed 50 percent of the average g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

381 G:\P\16\HR1\INTRO.XML 381 of the 20 greatest amounts of disbursements made by the 1 2 authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Com- 3 4 missioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000. 5 ‘‘SEC. 502. PROCEDURES FOR MAKING PAYMENTS. 6 ‘‘(a) I N .—The Commission shall make a 7 G ENERAL 8 payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the can- 9 didate of a request for a payment which includes— 10 ‘‘(1) a statement of the number and amount of 11 12 qualified small dollar contributions received by the 13 candidate since the most recent payment made to 14 the candidate under this title during the election cycle; 15 ‘‘(2) a statement of the amount of the payment 16 the candidate anticipates receiving with respect to 17 18 the request; ‘‘(3) a statement of the total amount of pay- 19 20 ments the candidate has received under this title as 21 of the date of the statement; and ‘‘(4) such other information and assurances as 22 the Commission may require. 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

382 G:\P\16\HR1\INTRO.XML 382 ON OF R E - 1 S ESTRICTIONS UBMISSION ‘‘(b) R .—A candidate may not submit a request under QUESTS 2 subsection (a) unless each of the following applies: 3 ‘‘(1) The amount of the qualified small dollar 4 contributions in the statement referred to in sub- 5 section (a)(1) is equal to or greater than $5,000, un- 6 7 less the request is submitted during the 30-day pe- riod which ends on the date of a general election. 8 ‘‘(2) The candidate did not receive a payment 9 under this title during the 7-day period which ends 10 on the date the candidate submits the request. 11 ‘‘(c) T P AYMENT .—The Commission shall, in 12 IME OF 13 coordination with the Secretary of the Treasury, take such 14 steps as may be necessary to ensure that the Secretary 15 is able to make payments under this section from the Treasury not later than 2 business days after the receipt 16 of a request submitted under subsection (a). 17 ‘‘SEC. 503. USE OF FUNDS. 18 ‘‘(a) U SE OF A UTHORIZED C AMPAIGN 19 F UNDS FOR E .—A candidate shall use payments made 20 XPENDITURES under this title, including payments provided with respect 21 to a previous election cycle which are withheld from remit- 22 tance to the Commission in accordance with section 23 24 524(a)(2), only for making direct payments for the receipt 25 of goods and services which constitute authorized expendi- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

383 G:\P\16\HR1\INTRO.XML 383 tures (as determined in accordance with title III) in con- 1 2 nection with the election cycle involved. ‘‘(b) P X UNDS FOR L SE OF E F - 3 U ROHIBITING EGAL INES , PENSES P ENALTIES .—Notwithstanding title 4 , F OR 5 III, a candidate may not use payments made under this title for the payment of expenses incurred in connection 6 with any action, claim, or other matter before the Commis- 7 sion or before any court, hearing officer, arbitrator, or 8 other dispute resolution entity, or for the payment of any 9 fine or civil monetary penalty. 10 11 ‘‘SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DE- 12 SCRIBED. ‘‘(a) I G .—In this title, the term ‘qualified 13 N ENERAL small dollar contribution’ means, with respect to a can- 14 didate and the authorized committees of a candidate, a 15 16 contribution that meets the following requirements: ‘‘(1) The contribution is in an amount that is— 17 ‘‘(A) not less than $1; and 18 19 ‘‘(B) not more than $200. 20 ‘‘(2)(A) The contribution is made directly by an 21 individual to the candidate or an authorized com- mittee of the candidate and is not— 22 ‘‘(i) forwarded from the individual making 23 24 the contribution to the candidate or committee 25 by another person; or g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

384 G:\P\16\HR1\INTRO.XML 384 ‘‘(ii) received by the candidate or com- 1 2 mittee with the knowledge that the contribution was made at the request, suggestion, or rec- 3 4 ommendation of another person. ‘‘(B) In this paragraph— 5 6 ‘‘(i) the term ‘person’ does not include an individual (other than an individual described in 7 section 304(i)(7) of the Federal Election Cam- 8 9 paign Act of 1971), a political committee of a political party, or any political committee which 10 is not a separate segregated fund described in 11 12 section 316(b) of the Federal Election Cam- paign Act of 1971 and which does not make 13 14 independent expenditures, does not engage in 15 lobbying activity under the Lobbying Disclosure 16 Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with 17 a registered lobbyist under such Act, an agent 18 of a registered lobbyist under such Act, or an 19 20 organization which retains or employs a reg- istered lobbyist under such Act; and 21 22 ‘‘(ii) a contribution is not ‘made at the re- 23 quest, suggestion, or recommendation of an- other person’ solely on the grounds that the 24 contribution is made in response to information 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

385 G:\P\16\HR1\INTRO.XML 385 provided to the individual making the contribu- 1 2 tion by any person, so long as the candidate or authorized committee does not know the iden- 3 4 tity of the person who provided the information to such individual. 5 6 ‘‘(3) The individual who makes the contribution does not make contributions to the candidate or the 7 authorized committees of the candidate with respect 8 to the election involved in an aggregate amount that 9 exceeds the amount described in paragraph (1)(B), 10 11 or any contribution to the candidate or the author- ized committees of the candidate with respect to the 12 13 election involved that otherwise is not a qualified small dollar contribution. 14 ‘‘(b) T M Y V OICE V OUCHERS .—Any 15 REATMENT OF 16 payment received by a candidate and the authorized com- 17 mittees of a candidate which consists of a My Voice Voucher under the Government By the People Act of 2019 18 shall be considered a qualified small dollar contribution 19 for purposes of this title, so long as the individual making 20 21 the payment meets the requirements of paragraphs (2) and (3) of subsection (a). 22 ‘‘(c) R ON S UBSEQUENT C ONTRIBU - 23 ESTRICTION .— 24 TIONS g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

386 G:\P\16\HR1\INTRO.XML 386 - 1 ROHIBITING DONOR FROM MAKING SUB ‘‘(1) P SEQUENT NONQUALIFIED CONTRIBUTIONS DURING 2 ELECTION CYCLE 3 .— ‘‘(A) I N GENERAL .—An individual who 4 5 makes a qualified small dollar contribution to a 6 candidate or the authorized committees of a candidate with respect to an election may not 7 8 make any subsequent contribution to such can- didate or the authorized committees of such 9 candidate with respect to the election cycle 10 which is not a qualified small dollar contribu- 11 tion. 12 ‘‘(B) E 13 XCEPTION FOR CONTRIBUTIONS TO WHO VOLUNTARILY WITHDRAW 14 CANDIDATES - FROM PARTICIPATION DURING QUALIFYING PE 15 16 RIOD .—Subparagraph (A) does not apply with 17 respect to a contribution made to a candidate who, during the Small Dollar Democracy quali- 18 fying period described in section 511(c), sub- 19 20 mits a statement to the Commission under sec- tion 513(c) to voluntarily withdraw from par- 21 ticipating in the program under this title. 22 ‘‘(2) T OF NON - 23 SUBSEQUENT REATMENT CONTRIBUTIONS .—If, notwithstanding 24 QUALIFIED 25 the prohibition described in paragraph (1), an indi- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

387 G:\P\16\HR1\INTRO.XML 387 vidual who makes a qualified small dollar contribu- 1 2 tion to a candidate or the authorized committees of a candidate with respect to an election makes a sub- 3 4 sequent contribution to such candidate or the au- thorized committees of such candidate with respect 5 6 to the election which is prohibited under paragraph (1) because it is not a qualified small dollar con- 7 tribution, the candidate may take one of the fol- 8 9 lowing actions: ‘‘(A) Not later than 2 weeks after receiving 10 the contribution, the candidate may return the 11 12 subsequent contribution to the individual. In the case of a subsequent contribution which is 13 14 not a qualified small dollar contribution because 15 the contribution fails to meet the requirements 16 of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to 17 the candidate or the authorized committees of 18 the candidate by the individual making the con- 19 20 tribution), the candidate may return an amount equal to the difference between the amount of 21 22 the subsequent contribution and the amount de- 23 scribed in paragraph (1)(B) of subsection (a). ‘‘(B) The candidate may retain the subse- 24 quent contribution, so long as not later than 2 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

388 G:\P\16\HR1\INTRO.XML 388 weeks after receiving the subsequent contribu- 1 2 tion, the candidate remits to the Commission for deposit in the Freedom From Influence 3 4 Fund under section 541 an amount equal to 5 any payments received by the candidate under 6 this title which are attributable to the qualified small dollar contribution made by the individual 7 8 involved. ‘‘(3) N 9 O EFFECT ON ABILITY TO MAKE MUL - .—Nothing in this section TIPLE CONTRIBUTIONS 10 11 may be construed to prohibit an individual from making multiple qualified small dollar contributions 12 to any candidate or any number of candidates, so 13 long as each contribution meets each of the require- 14 ments of paragraphs (1), (2), and (3) of subsection 15 16 (a). ‘‘(d) N OTIFICATION FOR C AN - 17 R EQUIREMENTS 18 DIDATES .— ‘‘(1) N OTIFICATION .—Each authorized com- 19 20 mittee of a candidate who seeks to be a participating 21 candidate under this title shall provide the following 22 information in any materials for the solicitation of contributions, including any internet site through 23 which individuals may make contributions to the 24 25 committee: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

389 G:\P\16\HR1\INTRO.XML 389 ‘‘(A) A statement that if the candidate is 1 2 certified as a participating candidate under this title, the candidate will receive matching pay- 3 4 ments in an amount which is based on the total amount of qualified small dollar contributions 5 6 received. ‘‘(B) A statement that a contribution 7 which meets the requirements set forth in sub- 8 9 section (a) shall be treated as a qualified small dollar contribution under this title. 10 ‘‘(C) A statement that if a contribution is 11 12 treated as qualified small dollar contribution under this title, the individual who makes the 13 14 contribution may not make any contribution to 15 the candidate or the authorized committees of 16 the candidate during the election cycle which is not a qualified small dollar contribution. 17 ‘‘(2) A LTERNATIVE METHODS OF MEETING RE - 18 .—An authorized committee may meet 19 QUIREMENTS 20 the requirements of paragraph (1)— 21 ‘‘(A) by including the information de- 22 scribed in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a 23 24 qualified small dollar contribution; or g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

390 G:\P\16\HR1\INTRO.XML 390 ‘‘(B) by modifying the information it pro- 1 2 vides to persons making contributions which is otherwise required under title III (including in- 3 4 formation it provides through the internet). 5 ‘‘Subtitle B—Eligibility and 6 Certification 7 ‘‘SEC. 511. ELIGIBILITY. ‘‘(a) I ENERAL .—A candidate for the office of 8 N G 9 Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating 10 candidate under this title with respect to an election if 11 the candidate meets the following requirements: 12 13 ‘‘(1) The candidate files with the Commission a 14 statement of intent to seek certification as a partici- 15 pating candidate. ‘‘(2) The candidate meets the qualifying re- 16 quirements of section 512. 17 ‘‘(3) The candidate files with the Commission a 18 19 statement certifying that the authorized committees of the candidate meet the requirements of section 20 21 504(d). 22 ‘‘(4) Not later than the last day of the Small 23 Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the 24 25 candidate and the treasurer of the candidate’s prin- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

391 G:\P\16\HR1\INTRO.XML 391 cipal campaign committee declaring that the can- 1 2 didate— ‘‘(A) has complied and, if certified, will 3 4 comply with the contribution and expenditure 5 requirements of section 521; ‘‘(B) if certified, will run only as a partici- 6 7 pating candidate for all elections for the office 8 that such candidate is seeking during that elec- 9 tion cycle; and ‘‘(C) has either qualified or will take steps 10 11 to qualify under State law to be on the ballot. ‘‘(b) G E .—Notwithstanding sub- 12 LECTION ENERAL section (a), a candidate shall not be eligible to be certified 13 14 as a participating candidate under this title for a general election or a general runoff election unless the candidate’s 15 16 party nominated the candidate to be placed on the ballot 17 for the general election or the candidate is otherwise quali- 18 fied to be on the ballot under State law. ‘‘(c) S OLLAR D EMOCRACY Q MALL P E - 19 D UALIFYING D EFINED .—The term ‘Small Dollar Democracy 20 RIOD 21 qualifying period’ means, with respect to any candidate 22 for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the 23 candidate files a statement of intent under section 24 25 511(a)(1), except that such period may not continue after g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

392 G:\P\16\HR1\INTRO.XML 392 the date that is 30 days before the date of the general 1 2 election for the office. ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 3 ‘‘(a) R C MALL ECEIPT OF OLLAR Q ON - 4 UALIFIED S D TRIBUTIONS .—A candidate for the office of Representative 5 6 in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small 7 Dollar Democracy qualifying period described in section 8 511(c), each of the following occurs: 9 ‘‘(1) Not fewer than 1,000 individuals make a 10 qualified small dollar contribution to the candidate. 11 ‘‘(2) The candidate obtains a total dollar 12 amount of qualified small dollar contributions which 13 14 is equal to or greater than $50,000. ‘‘(b) R EQUIREMENTS R ECEIPT OF 15 R ELATING TO Q .—Each UALIFIED OLLAR C ONTRIBUTION MALL 16 S D 17 qualified small dollar contribution— 18 ‘‘(1) may be made by means of a personal 19 check, money order, debit card, credit card, elec- 20 tronic payment account, or any other method deemed appropriate by the Commission; 21 ‘‘(2) shall be accompanied by a signed state- 22 23 ment (or, in the case of a contribution made online 24 or through other electronic means, an electronic g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

393 G:\P\16\HR1\INTRO.XML 393 equivalent) containing the contributor’s name and 1 2 address; and ‘‘(3) shall be acknowledged by a receipt that is 3 4 sent to the contributor with a copy (in paper or elec- tronic form) kept by the candidate for the Commis- 5 sion. 6 ‘‘(c) V ONTRIBUTIONS .—The Com- ERIFICATION OF C 7 8 mission shall establish procedures for the auditing and verification of the contributions received and expenditures 9 made by participating candidates under this title, includ- 10 ing procedures for random audits, to ensure that such con- 11 tributions and expenditures meet the requirements of this 12 title. 13 14 ‘‘SEC. 513. CERTIFICATION. ‘‘(a) D EADLINE AND .— 15 N OTIFICATION ‘‘(1) I .—Not later than 5 business 16 N GENERAL 17 days after a candidate files an affidavit under sec- tion 511(a)(4), the Commission shall— 18 ‘‘(A) determine whether or not the can- 19 20 didate meets the requirements for certification 21 as a participating candidate; 22 ‘‘(B) if the Commission determines that the candidate meets such requirements, certify 23 24 the candidate as a participating candidate; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

394 G:\P\16\HR1\INTRO.XML 394 ‘‘(C) notify the candidate of the Commis- 1 2 sion’s determination. ‘‘(2) D 3 EEMED CERTIFICATION FOR ALL ELEC - .—If the Commission cer- TIONS IN ELECTION CYCLE 4 tifies a candidate as a participating candidate with 5 6 respect to the first election of the election cycle in- volved, the Commission shall be deemed to have cer- 7 tified the candidate as a participating candidate with 8 respect to all subsequent elections of the election 9 10 cycle. ‘‘(b) R EVOCATION OF ERTIFICATION .— 11 C ‘‘(1) I .—The Commission shall re- 12 N GENERAL 13 voke a certification under subsection (a) if— 14 ‘‘(A) a candidate fails to qualify to appear on the ballot at any time after the date of cer- 15 tification (other than a candidate certified as a 16 participating candidate with respect to a pri- 17 18 mary election who fails to qualify to appear on the ballot for a subsequent election in that elec- 19 20 tion cycle); 21 ‘‘(B) a candidate ceases to be a candidate 22 for the office involved, as determined on the basis of an official announcement by an author- 23 24 ized committee of the candidate or on the basis g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

395 G:\P\16\HR1\INTRO.XML 395 of a reasonable determination by the Commis- 1 2 sion; or ‘‘(C) a candidate otherwise fails to comply 3 4 with the requirements of this title, including 5 any regulatory requirements prescribed by the 6 Commission. ‘‘(2) E 7 .—The XISTENCE OF CRIMINAL SANCTION Commission shall revoke a certification under sub- 8 9 section (a) if a penalty is assessed against the can- didate under section 309(d) with respect to the elec- 10 tion. 11 ‘‘(3) E OF REVOCATION .—If a can- 12 FFECT 13 didate’s certification is revoked under this sub- 14 section— 15 ‘‘(A) the candidate may not receive pay- ments under this title during the remainder of 16 the election cycle involved; and 17 ‘‘(B) in the case of a candidate whose cer- 18 19 tification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)— 20 21 ‘‘(i) the candidate shall repay to the 22 Freedom From Influence Fund established 23 under section 541 an amount equal to the payments received under this title with re- 24 25 spect to the election cycle involved plus in- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

396 G:\P\16\HR1\INTRO.XML 396 terest (at a rate determined by the Com- 1 2 mission on the basis of an appropriate an- nual percentage rate for the month in- 3 4 volved) on any such amount received; and 5 ‘‘(ii) the candidate may not be cer- 6 tified as a participating candidate under this title with respect to the next election 7 8 cycle. ‘‘(4) P 9 ROHIBITING PARTICIPATION IN FUTURE 10 ELECTIONS FOR CANDIDATES WITH MULTIPLE REV - 11 OCATIONS .—If the Commission revokes the certifi- 12 cation of an individual as a participating candidate under this title pursuant to subparagraph (A) or 13 subparagraph (C) of paragraph (1) a total of 3 14 15 times, the individual may not be certified as a par- ticipating candidate under this title with respect to 16 17 any subsequent election. ‘‘(c) V OLUNTARY ITHDRAWAL F ROM P ARTICI - 18 W D URING Q UALIFYING P ERIOD .—At any time dur- 19 PATING 20 ing the Small Dollar Democracy qualifying period de- 21 scribed in section 511(c), a candidate may withdraw from participation in the program under this title by submitting 22 to the Commission a statement of withdrawal (without re- 23 24 gard to whether or not the Commission has certified the 25 candidate as a participating candidate under this title as g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

397 G:\P\16\HR1\INTRO.XML 397 of the time the candidate submits such statement), so long 1 2 as the candidate has not submitted a request for payment under section 502. 3 ‘‘(d) P 4 ARTICIPATING .—In this C ANDIDATE D EFINED 5 title, a ‘participating candidate’ means a candidate for the office of Representative in, or Delegate or Resident Com- 6 missioner to, the Congress who is certified under this sec- 7 tion as eligible to receive benefits under this title. 8 9 ‘‘Subtitle C—Requirements for Can- didates Certified as Partici- 10 pating Candidates 11 ‘‘SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIRE- 12 MENTS. 13 ‘‘(a) P S OURCES OF C ONTRIBUTIONS AND 14 ERMITTED E XPENDITURES .—Except as provided in subsection (c), a 15 16 participating candidate with respect to an election shall, with respect to all elections occurring during the election 17 cycle for the office involved, accept no contributions from 18 any source and make no expenditures from any amounts, 19 other than the following: 20 21 ‘‘(1) Qualified small dollar contributions. 22 ‘‘(2) Payments under this title. ‘‘(3) Contributions from political committees es- 23 tablished and maintained by a national or State po- 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

398 G:\P\16\HR1\INTRO.XML 398 litical party, subject to the applicable limitations of 1 2 section 315. ‘‘(4) Subject to subsection (b), personal funds 3 4 of the candidate or of any immediate family member 5 of the candidate (other than funds received through 6 qualified small dollar contributions). ‘‘(5) Contributions from individuals who are 7 8 otherwise permitted to make contributions under this Act, subject to the applicable limitations of sec- 9 10 tion 315, except that the aggregate amount of con- tributions a participating candidate may accept from 11 any individual with respect to any election during 12 the election cycle may not exceed $1,000. 13 ‘‘(6) Contributions from multicandidate political 14 committees, subject to the applicable limitations of 15 16 section 315. ‘‘(b) S PECIAL P ERSONAL F UNDS .— 17 ULES FOR R ‘‘(1) L .—A candidate who is 18 IMIT ON AMOUNT certified as a participating candidate may use per- 19 20 sonal funds (including personal funds of any imme- 21 diate family member of the candidate) so long as— 22 ‘‘(A) the aggregate amount used with re- spect to the election cycle (including any period 23 24 of the cycle occurring prior to the candidate’s g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

399 G:\P\16\HR1\INTRO.XML 399 certification as a participating candidate) does 1 2 not exceed $50,000; and ‘‘(B) the funds are used only for making 3 4 direct payments for the receipt of goods and 5 services which constitute authorized expendi- 6 tures in connection with the election cycle in- 7 volved. ‘‘(2) I 8 MMEDIATE FAMILY MEMBER DEFINED .— In this subsection, the term ‘immediate family mem- 9 ber’ means, with respect to a candidate— 10 11 ‘‘(A) the candidate’s spouse; ‘‘(B) a child, stepchild, parent, grand- 12 parent, brother, half-brother, sister, or half-sis- 13 ter of the candidate or the candidate’s spouse; 14 and 15 16 ‘‘(C) the spouse of any person described in 17 subparagraph (B). ‘‘(c) E .— XCEPTIONS 18 ‘‘(1) E CONTRIBUTIONS RE XCEPTION 19 FOR - - 20 CEIVED PRIOR TO FILING OF STATEMENT OF IN .—A candidate who has accepted contributions 21 TENT 22 that are not described in subsection (a) is not in vio- 23 lation of subsection (a), but only if all such contribu- tions are— 24 25 ‘‘(A) returned to the contributor; g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

400 G:\P\16\HR1\INTRO.XML 400 ‘‘(B) submitted to the Commission for de- 1 2 posit in the Freedom From Influence Fund es- tablished under section 541; or 3 4 ‘‘(C) spent in accordance with paragraph (2). 5 ‘‘(2) E XCEPTION FOR EXPENDITURES MADE 6 7 PRIOR TO FILING OF STATEMENT OF INTENT .—If a candidate has made expenditures prior to the date 8 the candidate files a statement of intent under sec- 9 10 tion 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the 11 candidate is not in violation of such subsection if the 12 aggregate amount of the prohibited expenditures is 13 less than the amount referred to in section 14 15 512(a)(2) (relating to the total dollar amount of 16 qualified small dollar contributions which the can- 17 didate is required to obtain) which is applicable to the candidate. 18 ‘‘(3) E XCEPTION FOR CAMPAIGN SURPLUSES 19 PREVIOUS ELECTION .—Notwithstanding 20 FROM A 21 paragraph (1), unexpended contributions received by 22 the candidate or an authorized committee of the 23 candidate with respect to a previous election may be retained, but only if the candidate places the funds 24 25 in escrow and refrains from raising additional funds g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

401 G:\P\16\HR1\INTRO.XML 401 for or spending funds from that account during the 1 2 election cycle in which a candidate is a participating candidate. 3 ‘‘(4) E XCEPTION - 4 FOR CONTRIBUTIONS RE 5 CEIVED BEFORE THE EFFECTIVE DATE OF THIS 6 TITLE .—Contributions received and expenditures made by the candidate or an authorized committee 7 of the candidate prior to the effective date of this 8 9 title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated 10 the same as campaign surpluses under paragraph 11 (3), and expenditures made shall count against the 12 limit in paragraph (2). 13 ‘‘(d) S R ULE FOR C OORDINATED P ARTY E X - 14 PECIAL .—For purposes of this section, a payment PENDITURES 15 made by a political party in coordination with a partici- 16 pating candidate shall not be treated as a contribution to 17 or as an expenditure made by the participating candidate. 18 ‘‘(e) P OINT ROHIBITION ON UNDRAISING C OMMIT - 19 J F .— 20 TEES ‘‘(1) P ROHIBITION 21 .—An authorized committee of a candidate who is certified as a participating 22 candidate under this title with respect to an election 23 24 may not establish a joint fundraising committee with g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

402 G:\P\16\HR1\INTRO.XML 402 a political committee other than another authorized 1 2 committee of the candidate. ‘‘(2) S 3 TATUS OF EXISTING COMMITTEES FOR .—If a candidate established a 4 PRIOR ELECTIONS 5 joint fundraising committee described in paragraph 6 (1) with respect to a prior election for which the 7 candidate was not certified as a participating can- didate under this title and the candidate does not 8 9 terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so 10 long as that joint fundraising committee does not re- 11 ceive any contributions or make any disbursements 12 during the election cycle for which the candidate is 13 14 certified as a participating candidate under this title. ‘‘(f) P L EADERSHIP PAC S .— 15 ROHIBITION ON ‘‘(1) P ROHIBITION .—A candidate who is cer- 16 17 tified as a participating candidate under this title with respect to an election may not associate with, 18 19 establish, finance, maintain, or control a leadership PAC. 20 ‘‘(2) S OF EXISTING LEADERSHIP 21 TATUS .—If a candidate established, financed, main- 22 PACS tained, or controlled a leadership PAC prior to being 23 certified as a participating candidate under this title 24 25 and the candidate does not terminate the leadership g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

403 G:\P\16\HR1\INTRO.XML 403 PAC, the candidate shall not be considered to be in 1 2 violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any 3 4 disbursements during the election cycle for which the 5 candidate is certified as a participating candidate under this title. 6 ‘‘(3) L .—In this sub- EADERSHIP PAC DEFINED 7 8 section, the term ‘leadership PAC’ has the meaning given such term in section 304(i)(8)(B). 9 ‘‘SEC. 522. ADMINISTRATION OF CAMPAIGN. 10 ‘‘(a) S A V ARIOUS P ER - 11 EPARATE CCOUNTING FOR ONTRIBUTIONS .—Each authorized committee of 12 MITTED C a candidate certified as a participating candidate under 13 this title— 14 15 ‘‘(1) shall provide for separate accounting of 16 each type of contribution described in section 521(a) 17 which is received by the committee; and ‘‘(2) shall provide for separate accounting for 18 the payments received under this title. 19 ‘‘(b) E ISCLOSURE OF I NHANCED 20 D NFORMATION ON D ONORS .— 21 ‘‘(1) M - 22 ANDATORY IDENTIFICATION OF INDIVID MAKING SMALL DOLLAR CON - 23 QUALIFIED UALS .—Each authorized committee of a par- 24 TRIBUTIONS 25 ticipating candidate under this title shall elect, in ac- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

404 G:\P\16\HR1\INTRO.XML 404 cordance with section 304(b)(3)(A), to include in the 1 2 reports the committee submits under section 304 the identification of each person who makes a qualified 3 4 small dollar contribution to the committee. ‘‘(2) M ANDATORY DISCLOSURE THROUGH 5 6 .—Each authorized committee of a partici- INTERNET pating candidate under this title shall ensure that all 7 information reported to the Commission under this 8 Act with respect to contributions and expenditures 9 10 of the committee is available to the public on the internet (whether through a site established for pur- 11 poses of this subsection, a hyperlink on another pub- 12 lic site of the committee, or a hyperlink on a report 13 14 filed electronically with the Commission) in a search- able, sortable, and downloadable manner. 15 16 ‘‘SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUB- 17 LIC FUNDS. ‘‘(a) M 18 A VAILABLE P RI ANDATORY PENDING OF S - F UNDS .—An authorized committee of a candidate 19 VATE 20 certified as a participating candidate under this title may 21 not make any expenditure of any payments received under 22 this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received 23 by the committee which are described in paragraphs (1), 24 25 (3), (4), (5), and (6) of section 521(a). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

405 G:\P\16\HR1\INTRO.XML 405 .—Subsection (a) applies to an au- 1 IMITATION ‘‘(b) L thorized committee only to the extent that the funds re- 2 3 ferred to in such subsection are available to the committee 4 at the time the committee makes an expenditure of a pay- ment received under this title. 5 6 ‘‘SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. ‘‘(a) R EQUIRED .—Not later than the 7 R EMITTANCE date that is 180 days after the last election for which a 8 9 candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such 10 participating candidate shall remit to the Commission for 11 deposit in the Freedom From Influence Fund established 12 under section 541 an amount equal to the balance of the 13 payments received under this title by the authorized com- 14 15 mittees of the candidate which remain unexpended as of such date. 16 ‘‘(b) P C ANDIDATES P ARTICIPATING IN 17 ERMITTING N EXT C YCLE TO R ETAIN LECTION ORTION OF 18 E P U F UNDS .—Notwithstanding subsection (a), a 19 NSPENT 20 participating candidate may withhold not more than 21 $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with 22 the Commission that the candidate will seek certification 23 24 as a participating candidate with respect to the next elec- 25 tion cycle, except that the candidate may not use any por- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

406 G:\P\16\HR1\INTRO.XML 406 tion of the amount withheld until the candidate is certified 1 2 as a participating candidate with respect to that next elec- tion cycle. If the candidate fails to seek certification as 3 4 a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election 5 6 cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination 7 does not meet the requirements for certification as a par- 8 ticipating candidate with respect to such cycle, the can- 9 didate shall immediately remit to the Commission the 10 11 amount withheld. ‘‘Subtitle A—Enhanced Match 12 13 Support ‘‘SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. 14 ‘‘(a) A E NHANCED S UPPORT .—In 15 VAILABILITY OF 16 addition to the payments made under subtitle A, the Com- 17 mission shall make an additional payment to an eligible candidate under this subtitle. 18 ‘‘(b) U UNDS .—A candidate shall use the ad- SE OF F 19 20 ditional payment under this subtitle only for authorized expenditures in connection with the election involved. 21 22 ‘‘SEC. 532. ELIGIBILITY. ‘‘(a) I N ENERAL .—A candidate is eligible to receive 23 G an additional payment under this subtitle if the candidate 24 25 meets each of the following requirements: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

407 G:\P\16\HR1\INTRO.XML 407 ‘‘(1) The candidate is on the ballot for the gen- 1 2 eral election for the office the candidate seeks. ‘‘(2) The candidate is certified as a partici- 3 4 pating candidate under this title with respect to the election. 5 6 ‘‘(3) During the enhanced support qualifying period, the candidate receives qualified small dollar 7 contributions in a total amount of not less than 8 9 $50,000. ‘‘(4) During the enhanced support qualifying 10 period, the candidate submits to the Commission a 11 12 request for the payment which includes— ‘‘(A) a statement of the number and 13 14 amount of qualified small dollar contributions 15 received by the candidate during the enhanced 16 support qualifying period; ‘‘(B) a statement of the amount of the 17 payment the candidate anticipates receiving 18 with respect to the request; and 19 20 ‘‘(C) such other information and assur- ances as the Commission may require. 21 22 ‘‘(5) After submitting a request for the addi- 23 tional payment under paragraph (4), the candidate does not submit any other application for an addi- 24 tional payment under this subtitle. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

408 G:\P\16\HR1\INTRO.XML 408 1 S UALIFYING P ERIOD D E - Q UPPORT NHANCED ‘‘(b) E 2 .—In this subtitle, the term ‘enhanced support SCRIBED qualifying period’ means, with respect to a general elec- 3 tion, the period which begins 60 days before the date of 4 5 the election and ends 14 days before the date of the elec- tion. 6 ‘‘SEC. 533. AMOUNT. 7 ‘‘(a) I ENERAL N 8 G .—Subject to subsection (b), the 9 amount of the additional payment made to an eligible can- 10 didate under this subtitle shall be an amount equal to 50 11 percent of— 12 ‘‘(1) the amount of the payment made to the candidate under section 501(b) with respect to the 13 qualified small dollar contributions which are re- 14 ceived by the candidate during the enhanced support 15 qualifying period (as included in the request sub- 16 17 mitted by the candidate under section 532(a)(4)); or ‘‘(2) in the case of a candidate who is not eligi- 18 ble to receive a payment under section 501(b) with 19 20 respect to such qualified small dollar contributions 21 because the candidate has reached the limit on the 22 aggregate amount of payments under subtitle A for the election cycle under section 501(c), the amount 23 of the payment which would have been made to the 24 25 candidate under section 501(b) with respect to such g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

409 G:\P\16\HR1\INTRO.XML 409 qualified small dollar contributions if the candidate 1 2 had not reached such limit. ‘‘(b) L 3 .—The amount of the additional payment IMIT determined under subsection (a) with respect to a can- 4 didate may not exceed $500,000. 5 ‘‘(c) N FFECT ON A O L IMIT .—The 6 E GGREGATE 7 amount of the additional payment made to a candidate under this subtitle shall not be included in determining 8 the aggregate amount of payments made to a participating 9 10 candidate with respect to an election cycle under section 501(c). 11 12 ‘‘SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF 13 UNSPENT FUNDS AFTER ELECTION. 14 ‘‘Notwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with re- 15 spect to an election is not permitted to withhold any por- 16 tion from the amount of unspent funds the candidate is 17 required to remit to the Commission under section 18 19 524(a)(1). ‘‘Subtitle B—Administrative 20 21 Provisions 22 ‘‘SEC. 541. FREEDOM FROM INFLUENCE FUND. ‘‘(a) E STABLISHMENT .—There is established in the 23 Treasury a fund to be known as the ‘Freedom From Influ- 24 25 ence Fund’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

410 G:\P\16\HR1\INTRO.XML 410 H UND .—The Fund shall 1 ELD BY MOUNTS F ‘‘(b) A 2 consist of the following amounts: ‘‘(1) A PPROPRIATED AMOUNTS 3 .—Amounts ap- propriated to the Fund, including trust fund 4 amounts appropriated pursuant to applicable provi- 5 sions of the Internal Revenue Code of 1986. 6 ‘‘(2) O DEPOSITS 7 THER .—Amounts deposited 8 into the Fund under— ‘‘(A) section 521(c)(1)(B) (relating to ex- 9 ceptions to contribution requirements); 10 11 ‘‘(B) section 523 (relating to remittance of 12 unused payments from the Fund); ‘‘(C) section 544 (relating to violations); 13 14 and 15 ‘‘(D) any other section of this Act. ‘‘(4) I .—Interest on, and NVESTMENT RETURNS 16 the proceeds from, the sale or redemption of any ob- 17 ligations held by the Fund under subsection (c). 18 ‘‘(c) I 19 NVESTMENT .—The Commission shall invest 20 portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) 21 22 of the Internal Revenue Code of 1986. ‘‘(d) U SE OF UND .— 23 F ‘‘(1) I .—Amounts in the Fund shall 24 N GENERAL 25 be available without further appropriation or fiscal g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

411 G:\P\16\HR1\INTRO.XML 411 year limitation to make payments to participating 1 2 candidates as provided in this title. ‘‘(2) I 3 NSUFFICIENT AMOUNTS .—Under regula- 4 tions established by the Commission, rules similar to 5 the rules of section 9006(c) of the Internal Revenue Code of 1986 shall apply. 6 7 ‘‘SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT AC- COUNTABILITY OFFICE. 8 ‘‘(a) R S D OLLAR F INANCING .— MALL EVIEW OF 9 ‘‘(1) I N GENERAL .—After each regularly sched- 10 11 uled general election for Federal office, the Comp- 12 troller General of the United States shall conduct a 13 comprehensive review of the Small Dollar financing program under this title, including— 14 ‘‘(A) the maximum and minimum dollar 15 amounts of qualified small dollar contributions 16 under section 504; 17 18 ‘‘(B) the number and value of qualified small dollar contributions a candidate is re- 19 20 quired to obtain under section 512(a) to be eli- 21 gible for certification as a participating can- 22 didate; ‘‘(C) the maximum amount of payments a 23 24 candidate may receive under this title; g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

412 G:\P\16\HR1\INTRO.XML 412 ‘‘(D) the overall satisfaction of partici- 1 2 pating candidates and the American public with the program; and 3 4 ‘‘(E) such other matters relating to financ- 5 ing of campaigns as the Comptroller General 6 determines are appropriate. ‘‘(2) C 7 .—In conducting RITERIA FOR REVIEW the review under subparagraph (A), the Comptroller 8 General shall consider the following: 9 ‘‘(A) Q DOLLAR - 10 UALIFIED CON SMALL 11 TRIBUTIONS .—Whether the number and dollar 12 amounts of qualified small dollar contributions 13 required strikes an appropriate balance regard- 14 ing the importance of voter involvement, the 15 need to assure adequate incentives for partici- pating, and fiscal responsibility, taking into 16 consideration the number of primary and gen- 17 eral election participating candidates, the elec- 18 toral performance of those candidates, program 19 20 cost, and any other information the Comptroller General determines is appropriate. 21 ‘‘(B) R .— 22 EVIEW OF PAYMENT LEVELS Whether the totality of the amount of funds al- 23 lowed to be raised by participating candidates 24 25 (including through qualified small dollar con- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

413 G:\P\16\HR1\INTRO.XML 413 tributions) and payments under this title are 1 2 sufficient for voters in each State to learn about the candidates to cast an informed vote, taking 3 4 into account the historic amount of spending by 5 winning candidates, media costs, primary elec- 6 tion dates, and any other information the 7 Comptroller General determines is appropriate. ‘‘(3) R 8 ECOMMENDATIONS FOR ADJUSTMENT OF .—Based on the review conducted under AMOUNTS 9 10 subparagraph (A), the Comptroller General may rec- ommend to Congress adjustments of the following 11 12 amounts: ‘‘(A) The number and value of qualified 13 14 small dollar contributions a candidate is re- 15 quired to obtain under section 512(a) to be eli- 16 gible for certification as a participating can- didate. 17 ‘‘(B) The maximum amount of payments a 18 candidate may receive under this title. 19 ‘‘(b) R .—Not later than each June 1 which 20 EPORTS 21 follows a regularly scheduled general election for Federal 22 office for which payments were made under this title, the 23 Comptroller General shall submit to the Committee on House Administration of the House of Representatives a 24 25 report— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

414 G:\P\16\HR1\INTRO.XML 414 ‘‘(1) containing an analysis of the review con- 1 2 ducted under subsection (a), including a detailed statement of Comptroller General’s findings, conclu- 3 4 sions, and recommendations based on such review, including any recommendations for adjustments of 5 6 amounts described in subsection (a)(3); and ‘‘(2) documenting, evaluating, and making rec- 7 ommendations relating to the administrative imple- 8 mentation and enforcement of the provisions of this 9 title. 10 ‘‘(c) A A PPROPRIATIONS UTHORIZATION OF 11 .—There are authorized to be appropriated such sums as are nec- 12 13 essary to carry out the purposes of this subtitle. 14 ‘‘SEC. 543. ADMINISTRATION BY COMMISSION. 15 ‘‘The Commission shall prescribe regulations to carry out the purposes of this title, including regulations to es- 16 tablish procedures for— 17 ‘‘(1) verifying the amount of qualified small dol- 18 19 lar contributions with respect to a candidate; ‘‘(2) effectively and efficiently monitoring and 20 21 enforcing the limits on the raising of qualified small 22 dollar contributions; 23 ‘‘(3) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by 24 25 participating candidates; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

415 G:\P\16\HR1\INTRO.XML 415 ‘‘(4) monitoring the use of allocations from the 1 2 Freedom From Influence Fund established under section 541 and matching contributions under this 3 1 title through audits of not fewer than 10 (or, in the 4 ⁄ case of the first 3 election cycles during which the 5 6 program under this title is in effect, not fewer than 1 ) of all participating candidates or other mecha- 7 3 ⁄ nisms. 8 ‘‘SEC. 544. VIOLATIONS AND PENALTIES. 9 ‘‘(a) C ENALTY FOR V IOLATION OF C ONTRIBU - 10 IVIL P XPENDITURE R EQUIREMENTS .—If a can- 11 TION AND E didate who has been certified as a participating candidate 12 13 accepts a contribution or makes an expenditure that is 14 prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that 15 16 is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this sub- 17 18 section shall be deposited into the Freedom From Influ- 19 ence Fund established under section 541. ‘‘(b) R MPROPER U SE OF F REEDOM 20 EPAYMENT FOR I F I NFLUENCE F UND .— 21 ROM ‘‘(1) I N GENERAL 22 .—If the Commission deter- mines that any payment made to a participating 23 candidate was not used as provided for in this title 24 25 or that a participating candidate has violated any of g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

416 G:\P\16\HR1\INTRO.XML 416 the dates for remission of funds contained in this 1 2 title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount 3 4 equal to— 5 ‘‘(A) the amount of payments so used or 6 not remitted, as appropriate; and ‘‘(B) interest on any such amounts (at a 7 8 rate determined by the Commission). ‘‘(2) O 9 THER ACTION NOT PRECLUDED .—Any 10 action by the Commission in accordance with this subsection shall not preclude enforcement pro- 11 ceedings by the Commission in accordance with sec- 12 tion 309(a), including a referral by the Commission 13 to the Attorney General in the case of an apparent 14 15 knowing and willful violation of this title. ‘‘(c) P C ANDIDATES S UBJECT TO C RIMI - 16 ROHIBITING P NAL ROM Q UALIFYING AS P ARTICIPATING 17 F ENALTY C .—A candidate is not eligible to be certified 18 ANDIDATES as a participating candidate under this title with respect 19 to an election if a penalty has been assessed against the 20 21 candidate under section 309(d) with respect to any pre- 22 vious election. 23 ‘‘SEC. 545. APPEALS PROCESS. ‘‘(a) R A CTIONS .—Any action by the Com- 24 EVIEW OF 25 mission in carrying out this title shall be subject to review g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

417 G:\P\16\HR1\INTRO.XML 417 by the United States Court of Appeals for the District 1 2 of Columbia upon petition filed in the Court not later than 30 days after the Commission takes the action for which 3 4 the review is sought. ‘‘(b) P ROCEDURES .—The provisions of chapter 7 of 5 title 5, United States Code, apply to judicial review under 6 7 this section. ‘‘SEC. 546. INDEXING OF AMOUNTS. 8 ‘‘(a) I 9 NDEXING .—In any calendar year after 2024, 10 section 315(c)(1)(B) shall apply to each amount described in subsection (b) in the same manner as such section ap- 11 plies to the limitations established under subsections 12 (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, ex- 13 14 cept that for purposes of applying such section to the 15 amounts described in subsection (b), the ‘base period’ 16 shall be 2024. ‘‘(b) A D ESCRIBED .—The amounts described 17 MOUNTS in this subsection are as follows: 18 19 ‘‘(1) The amount referred to in section 502(b)(1) (relating to the minimum amount of quali- 20 21 fied small dollar contributions included in a request 22 for payment). 23 ‘‘(2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified 24 25 small dollar contribution). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

418 G:\P\16\HR1\INTRO.XML 418 ‘‘(3) The amount referred to in section 1 2 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions). 3 4 ‘‘(4) The amount referred to in section 521(a)(5) (relating to the aggregate amount of con- 5 6 tributions a participating candidate may accept from any individual with respect to an election). 7 ‘‘(5) The amount referred to in section 8 9 521(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is cer- 10 tified as a participating candidate). 11 12 ‘‘(6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds 13 14 a candidate may retain for use in the next election 15 cycle). 16 ‘‘(7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of 17 qualified small dollar contributions for a candidate 18 seeking an additional payment under subtitle D). 19 20 ‘‘(8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional 21 22 payment made to a candidate under subtitle D). 23 ‘‘SEC. 547. ELECTION CYCLE DEFINED. ‘‘In this title, the term ‘election cycle’ means, with 24 respect to an election for an office, the period beginning 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

419 G:\P\16\HR1\INTRO.XML 419 on the day after the date of the most recent general elec- 1 2 tion for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and end- 3 4 ing on the date of the next general election for that office 5 (or, if the general election resulted in a runoff election, 6 the date of the runoff election).’’. SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTI- 7 8 CANDIDATE AND POLITICAL PARTY COMMIT- TEES ON BEHALF OF PARTICIPATING CAN- 9 DIDATES. 10 (a) A S ONTRIBUTIONS NLY F UTHORIZING O EP - 11 C ROM A CCOUNTS C ONSISTING OF Q UALIFIED S MALL 12 ARATE D OLLAR .—Section 315(a) of the Federal 13 C ONTRIBUTIONS 14 Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended by adding at the end the following new para- 15 graph: 16 17 ‘‘(9) In the case of a multicandidate political com- 18 mittee or any political committee of a political party, the committee may make a contribution to a candidate who 19 20 is a participating candidate under title V with respect to 21 an election only if the contribution is paid from a separate, 22 segregated account of the committee which consists solely of contributions which meet the following requirements: 23 ‘‘(A) Each such contribution is in an amount 24 25 which meets the requirements for the amount of a g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

420 G:\P\16\HR1\INTRO.XML 420 qualified small dollar contribution under section 1 2 504(a)(1) with respect to the election involved. ‘‘(B) Each such contribution is made by an in- 3 4 dividual who is not otherwise prohibited from mak- ing a contribution under this Act. 5 6 ‘‘(C) The individual who makes the contribution does not make contributions to the committee during 7 the year in an aggregate amount that exceeds the 8 limit described in section 504(a)(1).’’. 9 (b) P NLIMITED C OORDINATED ERMITTING X - 10 U E F ROM S MALL D OLLAR S OURCES BY P OLIT - 11 PENDITURES P ICAL 12 ARTIES .—Section 315(d) of such Act (52 U.S.C. 13 30116(d)) is amended— (1) in paragraph (3), by striking ‘‘The national 14 committee’’ and inserting ‘‘Except as provided in 15 16 paragraph (5), the national committee’’; and 17 (2) by adding at the end the following new paragraph: 18 19 ‘‘(5) The limits described in paragraph (3) do not 20 apply in the case of expenditures in connection with the 21 general election campaign of a candidate for the office of Representative in, or Delegate or Resident Commissioner 22 to, the Congress who is a participating candidate under 23 24 title V with respect to the election, but only if— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

421 G:\P\16\HR1\INTRO.XML 421 ‘‘(A) the expenditures are paid from a separate, 1 2 segregated account of the committee which is de- scribed in subsection (a)(9); and 3 4 ‘‘(B) the expenditures are the sole source of 5 funding provided by the committee to the can- didate.’’. 6 7 SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PAR- 8 TICIPATING CANDIDATES FOR PURPOSES 9 OTHER THAN CAMPAIGN FOR ELECTION. Section 313 of the Federal Election Campaign Act 10 11 of 1971 (52 U.S.C. 30114) is amended by adding at the end the following new subsection: 12 ‘‘(d) R ERMITTED U SES OF ESTRICTIONS ON UNDS 13 P F C ANDIDATES R ECEIVING S MALL D OLLAR F INANC - 14 BY .—Notwithstanding paragraph (2), (3), or (4) of sub- ING 15 section (a), if a candidate for election for the office of Rep- 16 resentative in, or Delegate or Resident Commissioner to, 17 18 the Congress is certified as a participating candidate under title V with respect to the election, any contribution 19 20 which the candidate is permitted to accept under such title 21 may be used only for authorized expenditures in connec- tion with the candidate’s campaign for such office, subject 22 to section 503(b).’’. 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

422 G:\P\16\HR1\INTRO.XML 422 SEC. 5114. EFFECTIVE DATE. 1 (a) I .—This part and the amendments G 2 N ENERAL made by this part shall apply with respect to elections oc- 3 curring during 2024 or any succeeding year, without re- 4 gard to whether or not the Federal Election Commission 5 6 has promulgated the final regulations necessary to carry out this part and the amendments made by this part by 7 the deadline set forth in subsection (b). 8 (b) D EGULATIONS .—Not later than 9 EADLINE FOR R 10 June 30, 2022, the Federal Election Commission shall 11 promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. 12 Subtitle C—Presidential Elections 13 14 SEC. 5200. SHORT TITLE. 15 This subtitle may be cited as the ‘‘Empower Act of 16 2019’’. PART 1—PRIMARY ELECTIONS 17 SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCH- 18 ING PAYMENTS. 19 (a) I ODIFICATION .— 20 M NCREASE AND (1) I .—The first sentence of section 21 N GENERAL 22 9034(a) of the Internal Revenue Code of 1986 is 23 amended— (A) by striking ‘‘an amount equal to the 24 amount of each contribution’’ and inserting ‘‘an 25 26 amount equal to 600 percent of the amount of g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

423 G:\P\16\HR1\INTRO.XML 423 each matchable contribution (disregarding any 1 2 amount of contributions from any person to the extent that the total of the amounts contributed 3 4 by such person for the election exceeds $200)’’; 5 and 6 (B) by striking ‘‘authorized committees’’ and all that follows through ‘‘$250’’ and insert- 7 8 ing ‘‘authorized committees’’. (2) M .—Section 9 ATCHABLE CONTRIBUTIONS 10 9034 of such Code is amended— (A) by striking the last sentence of sub- 11 section (a); and 12 (B) by adding at the end the following new 13 subsection: 14 ‘‘(c) M C ONTRIBUTION D EFINED .—For 15 ATCHABLE 16 purposes of this section and section 9033(b)— ‘‘(1) M .—The term ATCHABLE CONTRIBUTION 17 ‘matchable contribution’ means, with respect to the 18 nomination for election to the office of President of 19 20 the United States, a contribution by an individual to a candidate or an authorized committee of a can- 21 22 didate with respect to which the candidate has cer- 23 tified in writing that— ‘‘(A) the individual making such contribu- 24 tion has not made aggregate contributions (in- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

424 G:\P\16\HR1\INTRO.XML 424 cluding such matchable contribution) to such 1 2 candidate and the authorized committees of such candidate in excess of $1,000 for the elec- 3 4 tion; 5 ‘‘(B) such candidate and the authorized 6 committees of such candidate will not accept contributions from such individual (including 7 8 such matchable contribution) aggregating more than the amount described in subparagraph 9 10 (A); and ‘‘(C) such contribution was a direct con- 11 tribution. 12 ‘‘(2) C .—For purposes of this 13 ONTRIBUTION subsection, the term ‘contribution’ means a gift of 14 15 money made by a written instrument which identi- 16 fies the individual making the contribution by full 17 name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or 18 anything of value or anything described in subpara- 19 graph (B), (C), or (D) of section 9032(4). 20 ‘‘(3) D .— 21 IRECT CONTRIBUTION ‘‘(A) I .—For purposes of this 22 N GENERAL 23 subsection, the term ‘direct contribution’ means, with respect to a candidate, a contribu- 24 tion which is made directly by an individual to 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

425 G:\P\16\HR1\INTRO.XML 425 the candidate or an authorized committee of the 1 2 candidate and is not— ‘‘(i) forwarded from the individual 3 4 making the contribution to the candidate or committee by another person; or 5 6 ‘‘(ii) received by the candidate or com- mittee with the knowledge that the con- 7 tribution was made at the request, sugges- 8 tion, or recommendation of another person. 9 ‘‘(B) O 10 THER DEFINITIONS .—In subpara- graph (A)— 11 12 ‘‘(i) the term ‘person’ does not include an individual (other than an individual de- 13 14 scribed in section 304(i)(7) of the Federal 15 Election Campaign Act of 1971), a polit- 16 ical committee of a political party, or any political committee which is not a separate 17 segregated fund described in section 18 316(b) of the Federal Election Campaign 19 20 Act of 1971 and which does not make independent expenditures, does not engage 21 22 in lobbying activity under the Lobbying 23 Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled 24 by, or affiliated with a registered lobbyist 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

426 G:\P\16\HR1\INTRO.XML 426 under such Act, an agent of a registered 1 2 lobbyist under such Act, or an organization which retains or employs a registered lob- 3 4 byist under such Act; and ‘‘(ii) a contribution is not ‘made at 5 6 the request, suggestion, or recommendation of another person’ solely on the grounds 7 that the contribution is made in response 8 to information provided to the individual 9 making the contribution by any person, so 10 11 long as the candidate or authorized com- mittee does not know the identity of the 12 13 person who provided the information to such individual.’’. 14 (3) C .— 15 ONFORMING AMENDMENTS 16 (A) Section 9032(4) of such Code is 17 amended by striking ‘‘section 9034(a)’’ and in- serting ‘‘section 9034’’. 18 (B) Section 9033(b)(3) of such Code is 19 amended by striking ‘‘matching contributions’’ 20 21 and inserting ‘‘matchable contributions’’. (b) M P AYMENT L IMITATION .— 22 ODIFICATION OF (1) I N GENERAL .—Section 9034(b) of such 23 Code is amended— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

427 G:\P\16\HR1\INTRO.XML 427 (A) by striking ‘‘Every’’ and inserting the 1 2 following: ‘‘(1) I 3 N GENERAL .—Every’’, 4 (2) by striking ‘‘shall not exceed’’ and all that 5 follows and inserting ‘‘shall not exceed $250,000,000.’’, and 6 7 (3) by adding at the end the following new paragraph: 8 ‘‘(3) I 9 NFLATION ADJUSTMENT .— ‘‘(A) I .—In the case of any ap- N GENERAL 10 plicable period beginning after 2025, the dollar 11 amount in paragraph (1) shall be increased by 12 13 an amount equal to— 14 ‘‘(i) such dollar amount, multiplied by 15 ‘‘(ii) the cost-of-living adjustment de- termined under section 1(f)(3) for the cal- 16 endar year following the year which such 17 applicable period begins, determined by 18 substituting ‘calendar year 2024’ for ‘cal- 19 20 endar year 1992’ in subparagraph (B) thereof. 21 ‘‘(B) A .—For purposes 22 PPLICABLE PERIOD of this paragraph, the term ‘applicable period’ 23 means the 4-year period beginning with the 24 25 first day following the date of the general elec- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

428 G:\P\16\HR1\INTRO.XML 428 tion for the office of President and ending on 1 2 the date of the next such general election. ‘‘(C) R 3 OUNDING .—If any amount as ad- 4 justed under subparagraph (1) is not a multiple of $10,000, such amount shall be rounded to 5 6 the nearest multiple of $10,000.’’. 7 SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING 8 PAYMENTS. (a) A MOUNT OF C ONTRIBUTIONS P ER 9 A GGREGATE S ISREGARDING OF A MOUNTS C ; D 10 TATE ONTRIBUTED IN E $200.—Section 9033(b)(3) of the Internal 11 XCESS OF 12 Revenue Code of 1986 is amended— 13 (1) by striking ‘‘$5,000’’ and inserting ‘‘$25,000’’; and 14 (2) by striking ‘‘20 States’’ and inserting the 15 following: ‘‘20 States (disregarding any amount of 16 contributions from any such resident to the extent 17 18 that the total of the amounts contributed by such resident for the election exceeds $200)’’. 19 (b) C L IMIT .— 20 ONTRIBUTION (1) I N GENERAL 21 .—Paragraph (4) of section 9033(b) of such Code is amended to read as follows: 22 ‘‘(4) the candidate and the authorized commit- 23 24 tees of the candidate will not accept aggregate con- 25 tributions from any person with respect to the nomi- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

429 G:\P\16\HR1\INTRO.XML 429 nation for election to the office of President of the 1 2 United States in excess of $1,000 for the election.’’. (2) C 3 .— ONFORMING AMENDMENTS (A) Section 9033(b) of such Code is 4 5 amended by adding at the end the following new flush sentence: 6 ‘‘For purposes of paragraph (4), the term ‘contribution’ 7 8 has the meaning given such term in section 301(8) of the Federal Election Campaign Act of 1971.’’. 9 (B) Section 9032(4) of such Code, as 10 amended by section 1001(a)(3)(A) is amended 11 by inserting ‘‘or 9033(b)’’ after ‘‘9034’’. 12 (c) B A CCEPTANCE OF B UNDLED C ONTRIBU - 13 AN ON .—Section 9033(b) of such Code, as amended by TIONS 14 subsection (b), is amended— 15 (1) by striking ‘‘and’’ at the end of paragraph 16 (3); 17 (2) by striking the period at the end of para- 18 19 graph (4) and inserting ‘‘, and’’; and (3) by adding at the end the following new 20 21 paragraph: 22 ‘‘(5) the candidate and the authorized com- 23 mittee of the candidate will not accept any contribu- tion which is not a direct contribution (as defined in 24 25 section 9034(c)(3)).’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

430 G:\P\16\HR1\INTRO.XML 430 S AYMENTS FOR 1 YSTEM FOR ARTICIPATION IN P (d) P G LECTION E 2 ENERAL .—Section 9033(b) of such Code, as amended by subsection (c), is amended— 3 (1) by striking ‘‘and’’ at the end of paragraph 4 (4); 5 (2) by striking the period at the end of para- 6 graph (5) and inserting ‘‘, and’’; and 7 8 (3) by adding at the end the following new paragraph: 9 ‘‘(6) if the candidate is nominated by a political 10 party for election to the office of President, the can- 11 12 didate will apply for and accept payments with re- spect to the general election for such office in ac- 13 14 cordance with chapter 95.’’. 15 SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS. (a) I G .—Subsection (a) of section 9035 of 16 N ENERAL the Internal Revenue Code of 1986 is amended to read 17 18 as follows: ‘‘(a) P E XPENDITURE L IMITATION .—No 19 ERSONAL 20 candidate shall knowingly make expenditures from his per- 21 sonal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for elec- 22 tion to the office of President in excess of, in the aggre- 23 24 gate, $50,000.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

431 G:\P\16\HR1\INTRO.XML 431 A 1 MENDMENT ONFORMING .—Paragraph (1) of (b) C 2 section 9033(b) of the Internal Revenue Code of 1986 is 3 amended to read as follows: 4 ‘‘(1) the candidate will comply with the per- sonal expenditure limitation under section 9035,’’. 5 SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAY- 6 MENTS. 7 Section 9032(6) of the Internal Revenue Code of 8 9 1986 is amended by striking ‘‘the beginning of the cal- endar year in which a general election for the office of 10 11 President of the United States will be held’’ and inserting ‘‘the date that is 6 months prior to the date of the earliest 12 13 State primary election’’. 14 SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CON- 15 TRIBUTIONS. Section 9038(a) of the Internal Revenue Code of 16 1986 is amended by inserting ‘‘and matchable contribu- 17 tions accepted by’’ after ‘‘qualified campaign expenses of’’. 18 19 SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBU- TIONS FOR PRESIDENTIAL PRIMARY CAN- 20 21 DIDATES. 22 Section 315(a)(6) of the Federal Election Campaign 23 Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by strik- ing ‘‘calendar year’’ and inserting ‘‘four-year election 24 25 cycle’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

432 G:\P\16\HR1\INTRO.XML 432 PART 2—GENERAL ELECTIONS 1 2 SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC FINANCING. 3 4 Subsection (a) of section 9003 of the Internal Rev- 5 enue Code of 1986 is amended to read as follows: ‘‘(a) I N 6 G ENERAL .—In order to be eligible to receive 7 any payments under section 9006, the candidates of a po- litical party in a Presidential election shall meet the fol- 8 9 lowing requirements: ‘‘(1) P IN PAYMENT 10 ARTICIPATION PRIMARY 11 SYSTEM .—The candidate for President received pay- ments under chapter 96 for the campaign for nomi- 12 13 nation for election to be President. ‘‘(2) A GREEMENTS WITH COMMISSION .—The 14 15 candidates, in writing— ‘‘(A) agree to obtain and furnish to the 16 Commission such evidence as it may request of 17 the qualified campaign expenses of such can- 18 19 didates, ‘‘(B) agree to keep and furnish to the 20 21 Commission such records, books, and other in- 22 formation as it may request, and 23 ‘‘(C) agree to an audit and examination by the Commission under section 9007 and to pay 24 any amounts required to be paid under such 25 26 section. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

433 G:\P\16\HR1\INTRO.XML 433 .—The 1 AN ON BUNDLED CONTRIBUTIONS ‘‘(3) B candidates certify to the Commission, under penalty 2 3 of perjury and within such time prior to the day of 4 the Presidential election as the Commission shall prescribe by rules or regulations, that the candidates 5 and the authorized committees of such candidates 6 7 will not accept any contribution which is not a direct contribution (as defined in section 9034(c)(3)).’’. 8 9 SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED CAMPAIGN CONTRIBU- 10 TIONS. 11 (a) U UALIFIED SE OF AMPAIGN C ONTRIBUTIONS 12 Q C W S ITHOUT IMITS ; A PPLICATION OF XPENDITURE AME 13 E L R M AJOR , M INOR , AND N EW P AR - 14 EQUIREMENTS FOR .—Section 9003 of the Internal Revenue Code of TIES 15 1986 is amended by striking subsections (b) and (c) and 16 inserting the following: 17 ‘‘(b) U UALIFIED C SE OF C ONTRIBUTIONS 18 Q AMPAIGN T D EFRAY E XPENSES .— 19 O ‘‘(1) I N GENERAL 20 .—In order to be eligible to receive any payments under section 9006, the can- 21 didates of a party in a Presidential election shall 22 23 certify to the Commission, under penalty of perjury, 24 that— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

434 G:\P\16\HR1\INTRO.XML 434 ‘‘(A) such candidates and their authorized 1 2 committees have not and will not accept any contributions to defray qualified campaign ex- 3 4 penses other than— 5 ‘‘(i) qualified campaign contributions, 6 and ‘‘(ii) contributions to the extent nec- 7 8 essary to make up any deficiency payments received out of the fund on account of the 9 10 application of section 9006(c), and ‘‘(B) such candidates and their authorized 11 committees have not and will not accept any 12 contribution to defray expenses which would be 13 qualified campaign expenses but for subpara- 14 15 graph (C) of section 9002(11). ‘‘(2) T .—The can- 16 IMING OF CERTIFICATION 17 didate shall make the certification required under 18 this subsection at the same time the candidate makes the certification required under subsection 19 (a)(3).’’. 20 (b) D Q UALIFIED C AMPAIGN C ON - 21 EFINITION OF .—Section 9002 of such Code is amended by 22 TRIBUTION adding at the end the following new paragraph: 23 ‘‘(13) Q .— 24 UALIFIED CAMPAIGN CONTRIBUTION 25 The term ‘qualified campaign contribution’ means, g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

435 G:\P\16\HR1\INTRO.XML 435 with respect to any election for the office of Presi- 1 2 dent of the United States, a contribution from an in- dividual to a candidate or an authorized committee 3 4 of a candidate which— ‘‘(A) does not exceed $1,000 for the elec- 5 6 tion; and ‘‘(B) with respect to which the candidate 7 has certified in writing that— 8 ‘‘(i) the individual making such con- 9 tribution has not made aggregate contribu- 10 11 tions (including such qualified contribu- tion) to such candidate and the authorized 12 13 committees of such candidate in excess of the amount described in subparagraph (A), 14 15 and 16 ‘‘(ii) such candidate and the author- 17 ized committees of such candidate will not accept contributions from such individual 18 (including such qualified contribution) ag- 19 gregating more than the amount described 20 21 in subparagraph (A) with respect to such election.’’. 22 (c) C A MENDMENTS .— 23 ONFORMING (1) R EPEAL OF EXPENDITURE LIMITS .— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

436 G:\P\16\HR1\INTRO.XML 436 .—Section 315 of the Fed- 1 N GENERAL (A) I eral Election Campaign Act of 1971 (52 U.S.C. 2 3 30116) is amended by striking subsection (b). (B) C ONFORMING AMENDMENTS .—Section 4 315(c) of such Act (52 U.S.C. 30116(c)) is 5 6 amended— (i) in paragraph (1)(B)(i), by striking 7 8 ‘‘, (b)’’; and (ii) in paragraph (2)(B)(i), by striking 9 ‘‘subsections (b) and (d)’’ and inserting 10 ‘‘subsection (d)’’. 11 (2) R EPEAL OF REPAYMENT REQUIREMENT .— 12 (A) I .—Section 9007(b) of the N GENERAL 13 Internal Revenue Code of 1986 is amended by 14 striking paragraph (2) and redesignating para- 15 graphs (3), (4), and (5) as paragraphs (2), (3), 16 and (4), respectively. 17 (B) C AMENDMENT .—Para- 18 ONFORMING 19 graph (2) of section 9007(b) of such Code, as 20 redesignated by subparagraph (A), is amend- 21 ed— (i) by striking ‘‘a major party’’ and 22 23 inserting ‘‘a party’’; g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

437 G:\P\16\HR1\INTRO.XML 437 (ii) by inserting ‘‘qualified contribu- 1 2 tions and’’ after ‘‘contributions (other than’’; and 3 4 (iii) by striking ‘‘(other than qualified 5 campaign expenses with respect to which 6 payment is required under paragraph 7 (2))’’. (3) C 8 RIMINAL PENALTIES .— (A) R - EPEAL OF PENALTY FOR EXCESS EX 9 10 .—Section 9012 of the Internal Revenue PENSES 11 Code of 1986 is amended by striking subsection (a). 12 (B) P - 13 ENALTY FOR ACCEPTANCE OF DIS CONTRIBUTIONS ; APPLICATION OF 14 ALLOWED , SAME PENALTY FOR CANDIDATES OF MAJOR 15 AND NEW PARTIES 16 MINOR .—Subsection (b) of , section 9012 of such Code is amended to read 17 as follows: 18 ‘‘(b) C .— 19 ONTRIBUTIONS ‘‘(1) A - 20 CCEPTANCE OF DISALLOWED CONTRIBU .—It shall be unlawful for an eligible can- 21 TIONS didate of a party in a Presidential election or any of 22 his authorized committees knowingly and willfully to 23 24 accept— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

438 G:\P\16\HR1\INTRO.XML 438 ‘‘(A) any contribution other than a quali- 1 2 fied campaign contribution to defray qualified campaign expenses, except to the extent nec- 3 4 essary to make up any deficiency in payments 5 received out of the fund on account of the ap- plication of section 9006(c); or 6 7 ‘‘(B) any contribution to defray expenses 8 which would be qualified campaign expenses but 9 for subparagraph (C) of section 9002(11). ‘‘(2) P 10 ENALTY .—Any person who violates para- graph (1) shall be fined not more than $5,000, or 11 imprisoned not more than one year, or both. In the 12 case of a violation by an authorized committee, any 13 officer or member of such committee who knowingly 14 15 and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than 16 17 one year, or both.’’. 18 SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICA- 19 TIONS TO PAYMENT AMOUNTS. (a) I G ENERAL .— 20 N (1) A APPLICATION OF 21 ; MOUNT OF PAYMENTS , MINOR , 22 SAME AMOUNT FOR CANDIDATES OF MAJOR .—Subsection (a) of section 9004 23 AND NEW PARTIES of the Internal Revenue Code of 1986 is amended to 24 25 read as follows: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

439 G:\P\16\HR1\INTRO.XML 439 G 1 ENERAL N .—Subject to the provisions of this ‘‘(a) I chapter, the eligible candidates of a party in a Presidential 2 3 election shall be entitled to equal payment under section 4 9006 in an amount equal to 600 percent of the amount 5 of each matchable contribution received by such candidate or by the candidate’s authorized committees (disregarding 6 7 any amount of contributions from any person to the extent that the total of the amounts contributed by such person 8 9 for the election exceeds $200), except that total amount to which a candidate is entitled under this paragraph shall 10 not exceed $250,000,000.’’. 11 (2) R 12 EPEAL OF SEPARATE LIMITATIONS FOR INFLA - 13 ; CANDIDATES OF MINOR AND NEW PARTIES .—Subsection (b) of section 9004 14 TION ADJUSTMENT 15 of such Code is amended to read as follows: ‘‘(b) I A .— 16 NFLATION DJUSTMENT ‘‘(1) I N GENERAL .—In the case of any applica- 17 18 ble period beginning after 2025, the $250,000,000 dollar amount in subsection (a) shall be increased by 19 20 an amount equal to— 21 ‘‘(A) such dollar amount; multiplied by 22 ‘‘(B) the cost-of-living adjustment deter- mined under section 1(f)(3) for the calendar 23 year following the year which such applicable 24 25 period begins, determined by substituting ‘cal- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

440 G:\P\16\HR1\INTRO.XML 440 endar year 2024’ for ‘calendar year 1992’ in 1 2 subparagraph (B) thereof. ‘‘(2) A 3 PPLICABLE PERIOD .—For purposes of 4 this subsection, the term ‘applicable period’ means 5 the 4-year period beginning with the first day fol- lowing the date of the general election for the office 6 7 of President and ending on the date of the next such general election. 8 ‘‘(3) R .—If any amount as adjusted OUNDING 9 10 under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest mul- 11 tiple of $10,000.’’. 12 (3) C AMENDMENT .—Section 13 ONFORMING 14 9005(a) of such Code is amended by adding at the 15 end the following new sentence: ‘‘The Commission 16 shall make such additional certifications as may be necessary to receive payments under section 9004.’’. 17 (b) M ONTRIBUTION .—Section 9002 of ATCHABLE C 18 19 such Code, as amended by section 5212(b), is amended by adding at the end the following new paragraph: 20 ‘‘(14) M .—The term 21 ATCHABLE CONTRIBUTION 22 ‘matchable contribution’ means, with respect to the 23 election to the office of President of the United States, a contribution by an individual to a can- 24 25 didate or an authorized committee of a candidate g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

441 G:\P\16\HR1\INTRO.XML 441 with respect to which the candidate has certified in 1 2 writing that— ‘‘(A) the individual making such contribu- 3 4 tion has not made aggregate contributions (in- cluding such matchable contribution) to such 5 6 candidate and the authorized committees of such candidate in excess of $1,000 for the elec- 7 tion; 8 ‘‘(B) such candidate and the authorized 9 committees of such candidate will not accept 10 11 contributions from such individual (including such matchable contribution) aggregating more 12 13 than the amount described in subparagraph (A) with respect to such election; and 14 15 ‘‘(C) such contribution was a direct con- 16 tribution (as defined in section 9034(c)(3)).’’. 17 SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES. 18 (a) I ENERAL N 19 G .—Section 315(d)(2) of the Federal 20 Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) 21 is amended to read as follows: 22 ‘‘(2)(A) The national committee of a political party may not make any expenditure in connection with the gen- 23 eral election campaign of any candidate for President of 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

442 G:\P\16\HR1\INTRO.XML 442 the United States who is affiliated with such party which 1 2 exceeds $100,000,000. ‘‘(B) For purposes of this paragraph— 3 4 ‘‘(i) any expenditure made by or on behalf of a 5 national committee of a political party and in con- nection with a Presidential election shall be consid- 6 7 ered to be made in connection with the general elec- 8 tion campaign of a candidate for President of the 9 United States who is affiliated with such party; and ‘‘(ii) any communication made by or on behalf 10 11 of such party shall be considered to be made in con- nection with the general election campaign of a can- 12 didate for President of the United States who is af- 13 filiated with such party if any portion of the commu- 14 nication is in connection with such election. 15 16 ‘‘(C) Any expenditure under this paragraph shall be in addition to any expenditure by a national committee 17 18 of a political party serving as the principal campaign com- 19 mittee of a candidate for the office of President of the 20 United States.’’. (b) C MENDMENTS R ELATING TO ONFORMING IM - 21 A T C OST - OF -L IVING A DJUSTMENT .— 22 ING OF (1) I N GENERAL .—Section 315(c)(1) of such 23 Act (52 U.S.C. 30116(c)(1)) is amended— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

443 G:\P\16\HR1\INTRO.XML 443 (A) in subparagraph (B), by striking ‘‘(d)’’ 1 2 and inserting ‘‘(d)(2)’’; and (B) by adding at the end the following new 3 4 subparagraph: ‘‘(D) In any calendar year after 2024— 5 6 ‘‘(i) the dollar amount in subsection (d)(2) shall be increased by the percent difference determined 7 under subparagraph (A); 8 9 ‘‘(ii) the amount so increased shall remain in effect for the calendar year; and 10 ‘‘(iii) if the amount after adjustment under 11 clause (i) is not a multiple of $100, such amount 12 shall be rounded to the nearest multiple of $100.’’. 13 (2) B .—Section 315(c)(2)(B) of such 14 ASE YEAR 15 Act (52 U.S.C. 30116(c)(2)(B)) is amended— 16 (A) in clause (i)— (i) by striking ‘‘(d)’’ and inserting 17 ‘‘(d)(3)’’; and 18 (ii) by striking ‘‘and’’ at the end; 19 20 (B) in clause (ii), by striking the period at the end and inserting ‘‘; and’’; and 21 22 (C) by adding at the end the following new 23 clause: ‘‘(iii) for purposes of subsection (d)(2), cal- 24 endar year 2023.’’. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

444 G:\P\16\HR1\INTRO.XML 444 SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RE- 1 2 LEASE OF PAYMENTS. (a) D AYMENTS 3 .— ATE FOR P (1) I N GENERAL .—Section 9006(b) of the In- 4 5 ternal Revenue Code of 1986 is amended to read as 6 follows: ‘‘(b) P ROM THE AYMENTS UND .—If the Secretary 7 F F 8 of the Treasury receives a certification from the Commis- 9 sion under section 9005 for payment to the eligible can- didates of a political party, the Secretary shall pay to such 10 candidates out of the fund the amount certified by the 11 12 Commission on the later of— 13 ‘‘(1) the last Friday occurring before the first 14 Monday in September; or ‘‘(2) 24 hours after receiving the certifications 15 for the eligible candidates of all major political par- 16 ties. 17 18 Amounts paid to any such candidates shall be under the control of such candidates.’’. 19 (2) C .—The first sen- 20 ONFORMING AMENDMENT 21 tence of section 9006(c) of such Code is amended by 22 striking ‘‘the time of a certification by the Commis- sion under section 9005 for payment’’ and inserting 23 ‘‘the time of making a payment under subsection 24 25 (b)’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

445 G:\P\16\HR1\INTRO.XML 445 C 1 ERTIFICATION IME FOR .—Section 9005(a) of (b) T the Internal Revenue Code of 1986 is amended by striking 2 3 ‘‘10 days’’ and inserting ‘‘24 hours’’. 4 SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAM- PAIGN FUND. 5 (a) D F UND .—Sec- 6 A ETERMINATION OF MOUNTS IN tion 9006(c) of the Internal Revenue Code of 1986 is 7 amended by adding at the end the following new sentence: 8 ‘‘In making a determination of whether there are insuffi- 9 10 cient moneys in the fund for purposes of the previous sen- tence, the Secretary shall take into account in determining 11 the balance of the fund for a Presidential election year 12 the Secretary’s best estimate of the amount of moneys 13 which will be deposited into the fund during the year, ex- 14 15 cept that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund dur- 16 ing the previous 3 years.’’. 17 (b) S R ULE FOR F IRST C AMPAIGN C YCLE 18 PECIAL U NDER A CT .— 19 T HIS (1) I N GENERAL 20 .—Section 9006 of the Internal Revenue Code of 1986 is amended by adding at the 21 end the following new subsection: 22 ‘‘(d) S A UTHORITY T O B ORROW .— 23 PECIAL ‘‘(1) I N GENERAL .—Notwithstanding subsection 24 (c), there are authorized to be appropriated to the 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

446 G:\P\16\HR1\INTRO.XML 446 fund, as repayable advances, such sums as are nec- 1 2 essary to carry out the purposes of the fund during the period ending on the first Presidential election 3 4 occurring after the effective date of this subsection. ‘‘(2) R EPAYMENT OF ADVANCES .— 5 ‘‘(A) I 6 .—Advances made to the N GENERAL fund shall be repaid, and interest on such ad- 7 8 vances shall be paid, to the general fund of the Treasury when the Secretary determines that 9 moneys are available for such purposes in the 10 fund. 11 ‘‘(B) R ATE OF INTEREST .—Interest on ad- 12 13 vances made to the fund shall be at a rate de- 14 termined by the Secretary of the Treasury (as 15 of the close of the calendar month preceding the month in which the advance is made) to be 16 equal to the current average market yield on 17 outstanding marketable obligations of the 18 19 United States with remaining periods to matu- rity comparable to the anticipated period during 20 21 which the advance will be outstanding and shall 22 be compounded annually.’’. (2) E FFECTIVE DATE .—The amendment made 23 24 by this subsection shall take effect January 1, 2022. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

447 G:\P\16\HR1\INTRO.XML 447 SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR 1 2 GENERAL ELECTION LEGAL AND ACCOUNT- ING COMPLIANCE. 3 4 Section 9002(11) of the Internal Revenue Code of 5 1986 is amended by adding at the end the following new 6 sentence: ‘‘For purposes of subparagraph (A), an expense incurred by a candidate or authorized committee for gen- 7 8 eral election legal and accounting compliance purposes shall be considered to be an expense to further the election 9 10 of such candidate.’’. PART 3—EFFECTIVE DATE 11 SEC. 5221. EFFECTIVE DATE. 12 (a) I G ENERAL .—Except as otherwise provided, this 13 N 14 subtitle and the amendments made by this subtitle shall 15 apply with respect to the Presidential election held in 2024 16 and each succeeding Presidential election, without regard to whether or not the Federal Election Commission has 17 promulgated the final regulations necessary to carry out 18 this part and the amendments made by this part by the 19 20 deadline set forth in subsection (b). (b) D R EGULATIONS .—Not later than 21 EADLINE FOR 22 June 30, 2022, the Federal Election Commission shall promulgate such regulations as may be necessary to carry 23 out this part and the amendments made by this part. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

448 G:\P\16\HR1\INTRO.XML 448 Subtitle D—Personal Use Services 1 2 as Authorized Campaign Ex- penditures 3 4 SEC. 5301. SHORT TITLE; FINDINGS. (a) S HORT T ITLE .—This subtitle may be cited as the 5 6 ‘‘Help America Run Act’’. (b) F ø to be 7 .—Congress finds the following: INDINGS provided ¿ 8 SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE 9 AND OTHER PERSONAL USE SERVICES AS AU- 10 THORIZED CAMPAIGN EXPENDITURE. 11 (a) P 12 S ERVICES AS A UTHORIZED C ERSONAL - SE U AM E XPENDITURES .—Section 313 of the Federal Elec- 13 PAIGN tion Campaign Act of 1971 (52 U.S.C. 30114), as amend- 14 15 ed by section 5113, is amended by adding at the end the 16 following new subsection: ‘‘(e) T P C HILD C ARE 17 REATMENT OF AYMENTS FOR THER AND ERSONAL U SE S ERVICES AS A UTHORIZED 18 O P C E AMPAIGN 19 XPENDITURE .— ‘‘(1) A UTHORIZED EXPENDITURES 20 .—For pur- poses of subsection (a), the payment by an author- 21 22 ized committee of a candidate for any of the per- 23 sonal use services described in paragraph (2) shall be treated as an authorized expenditure if the serv- 24 ices are necessary to enable the participation of the 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

449 G:\P\16\HR1\INTRO.XML 449 candidate or staff of the committee (including un- 1 2 paid staff) in campaign-connected activities. ‘‘(2) P 3 .— ERSONAL USE SERVICES DESCRIBED The personal use services described in this para- 4 graph are as follows: 5 ‘‘(A) Child care services. 6 ‘‘(B) Elder care services. 7 ‘‘(C) Professional development services. 8 9 ‘‘(D) Payments of premiums, copayments, deductibles and other costs associated with 10 health insurance coverage.’’. 11 (b) E D ATE .—The amendments made by 12 FFECTIVE 13 this subtitle shall take effect on the date of the enactment 14 of this Act. Subtitle E—Severability 15 SEC. 5401. SEVERABILITY. 16 If any provision of this title or amendment made by 17 18 this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitu- 19 20 tional, the remainder of this title and amendments made 21 by this title, and the application of the provisions and amendment to any person or circumstance, shall not be 22 affected by the holding. 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

450 G:\P\16\HR1\INTRO.XML 450 TITLE VI—CAMPAIGN FINANCE 1 2 OVERSIGHT Subtitle A—Restoring Integrity to America’s Elections Sec. 6001. Short title. Sec. 6002. Membership of Federal Election Commission. Sec. 6003. Assignment of powers to Chair of Federal Election Commission. Sec. 6004. Revision to enforcement process. Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 6006. Permanent extension of administrative penalty authority. Sec. 6007. Effective date; transition. Subtitle B—Stopping Super PAC-Candidate Coordination Sec. 6101. Short title. Sec. 6102. Clarification of treatment of coordinated expenditures as contribu- tions to candidates. Sec. 6103. Clarification of ban on fundraising for super PACs by Federal can- didates and officeholders. Subtitle C—Severability Sec. 6201. Severability. 3 Subtitle A—Restoring Integrity to America’s Elections 4 SEC. 6001. SHORT TITLE. 5 This subtitle may be cited as the ‘‘Restoring Integrity 6 to America’s Elections Act’’. 7 8 SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMIS- SION. 9 (a) R N UMBER OF M EMBERS ; R EMOVAL 10 EDUCTION IN OUSE AS S ENATE AND C LERK OF H S 11 ECRETARY OF OF E O FFICIO M EMBERS .— 12 X (1) I N GENERAL QUORUM .—Section 306(a)(1) 13 ; of the Federal Election Campaign Act of 1971 (52 14 15 U.S.C. 30106(a)(1)) is amended by striking the sec- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

451 G:\P\16\HR1\INTRO.XML 451 ond and third sentences and inserting the following: 1 2 ‘‘The Commission is composed of 5 members ap- pointed by the President by and with the advice and 3 4 consent of the Senate, of whom no more than 2 may be affiliated with the same political party. A major- 5 6 ity of the number of members of the Commission who are serving at the time shall constitute a 7 quorum, except that 3 members shall constitute a 8 9 quorum if there are 4 members serving at the time.’’. 10 (2) C ONFORMING AMENDMENTS RELATING TO 11 REDUCTION IN NUMBER OF MEMBERS .—(A) The 12 13 second sentence of section 306(c) of such Act (52 14 U.S.C. 30106(c)) is amended by striking ‘‘affirma- 15 tive vote of 4 members of the Commission’’ and in- serting ‘‘affirmative vote of a majority of the mem- 16 bers of the Commission who are serving at the 17 time’’. 18 19 (B) Such Act is further amended by striking ‘‘affirmative vote of 4 of its members’’ and inserting 20 21 ‘‘affirmative vote of a majority of the members of 22 the Commission who are serving at the time’’ each 23 place it appears in the following sections: (i) Section 309(a)(2) (52 U.S.C. 24 25 30109(a)(2)). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

452 G:\P\16\HR1\INTRO.XML 452 (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 1 2 30109(a)(4)(A)(i)). (iii) Section 309(a)(5)(C) (52 U.S.C. 3 4 30109(a)(5)(C)). 5 (iv) Section 309(a)(6)(A) (52 U.S.C. 30109(a)(6)(A)). 6 7 (v) Section 311(b) (52 U.S.C. 30111(b)). (3) C 8 ONFORMING AMENDMENT RELATING TO EX OFFICIO MEMBERS .—Section 9 REMOVAL OF 10 306(a) of such Act (52 U.S.C. 30106(a)) is amend- ed by striking ‘‘(other than the Secretary of the Sen- 11 ate and the Clerk of the House of Representatives)’’ 12 each place it appears in paragraphs (4) and (5). 13 (b) T S ERVICE .—Section 306(a)(2) of such 14 ERMS OF 15 Act (52 U.S.C. 30106(a)(2)) is amended to read as fol- 16 lows: ‘‘(2) T .— 17 ERMS OF SERVICE ‘‘(A) I N GENERAL .—Each member of the 18 19 Commission shall serve for a single term of 6 years. 20 ‘‘(B) S - 21 PECIAL RULE FOR INITIAL APPOINT .—Of the members first appointed to 22 MENTS serve terms that begin in January 2022, the 23 President shall designate 2 to serve for a 3-year 24 25 term. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

453 G:\P\16\HR1\INTRO.XML 453 .— 1 O REAPPOINTMENT PERMITTED ‘‘(C) N An individual who served a term as a member 2 3 of the Commission may not serve for an addi- tional term, except that— 4 5 ‘‘(i) an individual who served a 3-year term under subparagraph (B) may also be 6 appointed to serve a 6-year term under 7 subparagraph (A); and 8 ‘‘(ii) for purposes of this subpara- 9 10 graph, an individual who is appointed to fill a vacancy under subparagraph (D) 11 12 shall not be considered to have served a term if the portion of the unexpired term 13 14 the individual fills is less than 50 percent 15 of the period of the term. ‘‘(D) V .—Any vacancy occurring ACANCIES 16 in the membership of the Commission shall be 17 filled in the same manner as in the case of the 18 19 original appointment. Except as provided in subparagraph (C), an individual appointed to 20 21 fill a vacancy occurring other than by the expi- 22 ration of a term of office shall be appointed only for the unexpired term of the member he 23 or she succeeds. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

454 G:\P\16\HR1\INTRO.XML 454 - 1 IMITATION ON SERVICE AFTER EX ‘‘(E) L PIRATION OF TERM .—A member of the Com- 2 mission may continue to serve on the Commis- 3 sion after the expiration of the member’s term 4 5 for an additional period, but only until the ear- 6 lier of— 7 ‘‘(i) the date on which the member’s successor has taken office as a member of 8 the Commission; or 9 ‘‘(ii) the expiration of the 1-year pe- 10 11 riod that begins on the last day of the member’s term.’’. 12 (c) Q UALIFICATIONS .—Section 306(a)(3) of such Act 13 14 (52 U.S.C. 30106(a)(3)) is amended to read as follows: ‘‘(3) Q .— 15 UALIFICATIONS ‘‘(A) I N GENERAL .—The President may 16 17 select an individual for service as a member of the Commission if the individual has experience 18 in election law and has a demonstrated record 19 of integrity, impartiality, and good judgment. 20 ‘‘(B) A - 21 SSISTANCE OF BLUE RIBBON ADVI .— 22 SORY PANEL ‘‘(i) I N GENERAL 23 .—Prior to the regu- larly scheduled expiration of the term of a 24 25 member of the Commission and upon the g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

455 G:\P\16\HR1\INTRO.XML 455 occurrence of a vacancy in the membership 1 2 of the Commission prior to the expiration of a term, the President shall convene a 3 4 Blue Ribbon Advisory Panel, consisting of an odd number of individuals selected by 5 6 the President from retired Federal judges, former law enforcement officials, or indi- 7 viduals with experience in election law, ex- 8 cept that the President may not select any 9 individual to serve on the panel who holds 10 11 any public office at the time of selection. ‘‘(ii) R ECOMMENDATIONS 12 .—With re- spect to each member of the Commission 13 14 whose term is expiring or each vacancy in 15 the membership of the Commission (as the 16 case may be), the Blue Ribbon Advisory Panel shall recommend to the President at 17 least one but not more than 3 individuals 18 for nomination for appointment as a mem- 19 20 ber of the Commission. ‘‘(iii) P .—At the time the 21 UBLICATION 22 President submits to the Senate the nomi- 23 nations for individuals to be appointed as members of the Commission, the President 24 25 shall publish the Blue Ribbon Advisory g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

456 G:\P\16\HR1\INTRO.XML 456 Panel’s recommendations for such nomina- 1 2 tions. ‘‘(iv) E 3 XEMPTION FROM FEDERAL AD - .—The Federal 4 VISORY COMMITTEE ACT 5 Advisory Committee Act (5 U.S.C. App.) 6 does not apply to a Blue Ribbon Advisory Panel convened under this subparagraph. 7 ‘‘(C) P ENGAGEMENT 8 ROHIBITING WITH 9 OTHER BUSINESS OR EMPLOYMENT DURING SERVICE 10 .—A member of the Commission shall not engage in any other business, vocation, or 11 employment. Any individual who is engaging in 12 13 any other business, vocation, or employment at 14 the time of his or her appointment to the Com- 15 mission shall terminate or liquidate such activ- ity no later than 90 days after such appoint- 16 ment.’’. 17 SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FED- 18 19 ERAL ELECTION COMMISSION. (a) A C HAIR BY P RESIDENT .— 20 PPOINTMENT OF (1) I N GENERAL 21 .—Section 306(a)(5) of the Federal Election Campaign Act of 1971 (52 U.S.C. 22 30106(a)(5)) is amended to read as follows: 23 ‘‘(5) C .— 24 HAIR g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

457 G:\P\16\HR1\INTRO.XML 457 APPOINTMENT .—Of the NITIAL 1 ‘‘(A) I members first appointed to serve terms that 2 3 begin in January 2022, one such member (as 4 designated by the President at the time the 5 President submits nominations to the Senate) 6 shall serve as Chair of the Commission. ‘‘(B) S UBSEQUENT APPOINTMENTS .—Any 7 8 individual who is appointed to succeed the member who serves as Chair of the Commission 9 for the term beginning in January 2022 (as 10 well as any individual who is appointed to fill 11 a vacancy if such member does not serve a full 12 13 term as Chair) shall serve as Chair of the Com- mission. 14 ‘‘(C) V .—The Commission shall ICE CHAIR 15 select, by majority vote of its members, one of 16 its members to serve as Vice Chair, who shall 17 act as Chair in the absence or disability of the 18 Chair or in the event of a vacancy in the posi- 19 20 tion of Chair.’’. (2) C AMENDMENT .—Section 21 ONFORMING 22 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 23 amended by striking ‘‘through its chairman or vice chairman’’ and inserting ‘‘through the Chair’’. 24 (b) P .— 25 OWERS g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

458 G:\P\16\HR1\INTRO.XML 458 OF TO 1 CERTAIN SSIGNMENT POWERS (1) A .—Section 307(a) of such Act (52 U.S.C. CHAIR 2 30107(a)) is amended to read as follows: 3 ‘‘(a) D OWERS B ETWEEN C ISTRIBUTION OF 4 P HAIR C .— 5 AND OMMISSION ‘‘(1) P .— OWERS ASSIGNED TO CHAIR 6 ‘‘(A) A DMINISTRATIVE POWERS .—The 7 8 Chair of the Commission shall be the chief ad- 9 ministrative officer of the Commission and shall 10 have the authority to administer the Commis- sion and its staff, and (in consultation with the 11 other members of the Commission) shall have 12 the power— 13 ‘‘(i) to appoint and remove the staff 14 15 director of the Commission; ‘‘(ii) to request the assistance (includ- 16 ing personnel and facilities) of other agen- 17 18 cies and departments of the United States, 19 whose heads may make such assistance 20 available to the Commission with or with- out reimbursement; and 21 ‘‘(iii) to prepare and establish the 22 23 budget of the Commission and to make 24 budget requests to the President, the Di- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

459 G:\P\16\HR1\INTRO.XML 459 rector of the Office of Management and 1 2 Budget, and Congress. ‘‘(B) O 3 .—The Chair of the THER POWERS Commission shall have the power— 4 5 ‘‘(i) to appoint and remove the gen- eral counsel of the Commission with the 6 concurrence of at least 2 other members of 7 the Commission; 8 ‘‘(ii) to require by special or general 9 10 orders, any person to submit, under oath, such written reports and answers to ques- 11 12 tions as the Chair may prescribe; ‘‘(iii) to administer oaths or affirma- 13 14 tions; 15 ‘‘(iv) to require by subpoena, signed 16 by the Chair, the attendance and testimony of witnesses and the production of all doc- 17 umentary evidence relating to the execu- 18 tion of its duties; 19 20 ‘‘(v) in any proceeding or investiga- tion, to order testimony to be taken by 21 22 deposition before any person who is des- 23 ignated by the Chair, and shall have the power to administer oaths and, in such in- 24 stances, to compel testimony and the pro- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

460 G:\P\16\HR1\INTRO.XML 460 duction of evidence in the same manner as 1 2 authorized under clause (iv); and ‘‘(vi) to pay witnesses the same fees 3 4 and mileage as are paid in like cir- cumstances in the courts of the United 5 States. 6 ‘‘(2) P OWERS ASSIGNED TO COMMISSION .—The 7 8 Commission shall have the power— ‘‘(A) to initiate (through civil actions for 9 injunctive, declaratory, or other appropriate re- 10 11 lief), defend (in the case of any civil action brought under section 309(a)(8) of this Act) or 12 13 appeal any civil action in the name of the Com- 14 mission to enforce the provisions of this Act 15 and chapter 95 and chapter 96 of the Internal Revenue Code of 1986, through its general 16 counsel; 17 ‘‘(B) to render advisory opinions under 18 19 section 308 of this Act; ‘‘(C) to develop such prescribed forms and 20 21 to make, amend, and repeal such rules, pursu- 22 ant to the provisions of chapter 5 of title 5, United States Code, as are necessary to carry 23 out the provisions of this Act and chapter 95 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

461 G:\P\16\HR1\INTRO.XML 461 and chapter 96 of the Internal Revenue Code of 1 2 1986; ‘‘(D) to conduct investigations and hear- 3 4 ings expeditiously, to encourage voluntary com- 5 pliance, and to report apparent violations to the 6 appropriate law enforcement authorities; and ‘‘(E) to transmit to the President and Con- 7 8 gress not later than June 1 of each year a re- port which states in detail the activities of the 9 10 Commission in carrying out its duties under this Act, and which includes any recommenda- 11 tions for any legislative or other action the 12 Commission considers appropriate. 13 ‘‘(3) P ERMITTING COMMISSION TO EXERCISE 14 .—With respect to any in- 15 OTHER POWERS OF CHAIR 16 vestigation, action, or proceeding, the Commission, 17 by an affirmative vote of a majority of the members who are serving at the time, may exercise any of the 18 powers of the Chair described in paragraph (1)(B).’’. 19 (2) C ONFORMING AMENDMENTS RELATING TO 20 .—Section 306(f) of such 21 PERSONNEL AUTHORITY 22 Act (52 U.S.C. 30106(f)) is amended— 23 (A) by amending the first sentence of paragraph (1) to read as follows: ‘‘The Com- 24 25 mission shall have a staff director who shall be g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

462 G:\P\16\HR1\INTRO.XML 462 appointed by the Chair of the Commission in 1 2 consultation with the other members and a gen- eral counsel who shall be appointed by the 3 4 Chair with the concurrence of at least two other 5 members.’’; 6 (B) in paragraph (2), by striking ‘‘With the approval of the Commission’’ and inserting 7 8 ‘‘With the approval of the Chair of the Commis- sion’’; and 9 10 (C) by striking paragraph (3). (3) C 11 ONFORMING AMENDMENT RELATING TO 12 BUDGET SUBMISSION .—Section 307(d)(1) of such 13 Act (52 U.S.C. 30107(d)(1)) is amended by striking ‘‘the Commission submits any budget’’ and inserting 14 15 ‘‘the Chair (or, pursuant to subsection (a)(3), the 16 Commission) submits any budget’’. (4) O .—Sec- THER CONFORMING AMENDMENTS 17 tion 306(c) of such Act (52 U.S.C. 30106(c)) is 18 amended by striking ‘‘All decisions’’ and inserting 19 ‘‘Subject to section 307(a), all decisions’’. 20 (5) T ECHNICAL AMENDMENT .—The heading of 21 22 section 307 of such Act (52 U.S.C. 30107) is amended by striking ‘‘ THE COMMISSION 23 ’’ and insert- ing ‘‘ ’’. 24 THE CHAIR AND THE COMMISSION g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

463 G:\P\16\HR1\INTRO.XML 463 SEC. 6004. REVISION TO ENFORCEMENT PROCESS. 1 (a) S I NVESTIGATIONS AND I 2 NITIATING TANDARD FOR D HETHER V IOLATIONS H AVE O C ETERMINING 3 W - .— CURRED 4 (1) R .—Section 309(a) EVISION OF STANDARDS 5 of the Federal Election Campaign Act of 1971 (52 6 U.S.C. 30109(a)) is amended by striking paragraphs 7 8 (2) and (3) and inserting the following: ‘‘(2)(A) The general counsel, upon receiving a com- 9 10 plaint filed with the Commission under paragraph (1) or 11 upon the basis of information ascertained by the Commis- 12 sion in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether 13 or not there is reason to believe that a person has com- 14 mitted, or is about to commit, a violation of this Act or 15 chapter 95 or chapter 96 of the Internal Revenue Code 16 17 of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the 18 complaint should be dismissed. The general counsel shall 19 20 promptly provide notification to the Commission of such 21 determination and the reasons therefore, together with 22 any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon 23 the expiration of the 30-day period which begins on the 24 25 date the general counsel provides such notification, the 26 general counsel’s determination shall take effect, unless g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

464 G:\P\16\HR1\INTRO.XML 464 during such 30-day period the Commission, by vote of a 1 2 majority of the members of the Commission who are serv- ing at the time, overrules the general counsel’s determina- 3 4 tion. If the determination by the general counsel that the Commission should investigate the matter takes effect, or 5 6 if the determination by the general counsel that the com- plaint should be dismissed is overruled as provided under 7 the previous sentence, the general counsel shall initiate an 8 9 investigation of the matter on behalf of the Commission. ‘‘(B) If the Commission initiates an investigation 10 pursuant to subparagraph (A), the Commission, through 11 12 the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the 13 14 factual basis for such alleged violation. The Commission 15 shall make an investigation of such alleged violation, which 16 may include a field investigation or audit, in accordance with the provisions of this section. The general counsel 17 shall provide notification to the Commission of any intent 18 to issue a subpoena or conduct any other form of discovery 19 20 pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel 21 22 provides such notification, the general counsel may issue 23 the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of 24 the members of the Commission who are serving at the 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

465 G:\P\16\HR1\INTRO.XML 465 time, prohibits the general counsel from issuing the sub- 1 2 poena or conducting the discovery. ‘‘(3)(A) Upon completion of an investigation under 3 4 paragraph (2), the general counsel shall promptly submit to the Commission the general counsel’s recommendation 5 6 that the Commission find either that there is probable cause or that there is not probable cause to believe that 7 a person has committed, or is about to commit, a violation 8 9 of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall include with the rec- 10 ommendation a brief stating the position of the general 11 12 counsel on the legal and factual issues of the case. ‘‘(B) At the time the general counsel submits to the 13 14 Commission the recommendation under subparagraph (A), 15 the general counsel shall simultaneously notify the re- 16 spondent of such recommendation and the reasons there- fore, shall provide the respondent with an opportunity to 17 submit a brief within 30 days stating the position of the 18 respondent on the legal and factual issues of the case and 19 20 replying to the brief of the general counsel. The general counsel and shall promptly submit such brief to the Com- 21 22 mission upon receipt. 23 ‘‘(C) Not later than 30 days after the general counsel submits the recommendation to the Commission under 24 subparagraph (A) (or, if the respondent submits a brief 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

466 G:\P\16\HR1\INTRO.XML 466 under subparagraph (B), not later than 30 days after the 1 2 general counsel submits the respondent’s brief to the Com- mission under such subparagraph), the Commission shall 3 4 approve or disapprove the recommendation by vote of a 5 majority of the members of the Commission who are serv- 6 ing at the time.’’. (2) C 7 ONFORMING AMENDMENT RELATING TO 8 INITIAL RESPONSE TO FILING OF COMPLAINT .—Sec- tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) 9 is amended— 10 11 (A) in the third sentence, by striking ‘‘the Commission’’ and inserting ‘‘the general coun- 12 sel’’; and 13 (B) by amending the fourth sentence to 14 15 read as follows: ‘‘Not later than 15 days after receiving notice from the general counsel under 16 17 the previous sentence, the person may provide 18 the general counsel with a written response that 19 no action should be taken against such person on the basis of the complaint.’’. 20 (b) R TANDARD FOR R EVISION OF D IS - 21 S EVIEW OF C OMPLAINTS .— 22 MISSAL OF (1) I N GENERAL 23 .—Section 309(a)(8) of such Act (52 U.S.C. 30109(a)(8)) is amended to read as 24 25 follows: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

467 G:\P\16\HR1\INTRO.XML 467 ‘‘(8)(A)(i) Any party aggrieved by an order of the 1 2 Commission dismissing a complaint filed by such party after finding either no reason to believe a violation has 3 4 occurred or no probable cause a violation has occurred may file a petition with the United States District Court 5 6 for the District of Columbia. Any petition under this sub- paragraph shall be filed within 60 days after the date on 7 which the party received notice of the dismissal of the 8 9 complaint. ‘‘(ii) In any proceeding under this subparagraph, the 10 court shall determine by de novo review whether the agen- 11 12 cy’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is 13 14 greater than $50,000, the court should disregard any 15 claim or defense by the Commission of prosecutorial dis- 16 cretion as a basis for dismissing the complaint. ‘‘(B)(i) Any party who has filed a complaint with the 17 Commission and who is aggrieved by a failure of the Com- 18 mission, within one year after the filing of the complaint, 19 20 to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur, may file a 21 22 petition with the United States District Court for the Dis- 23 trict of Columbia. ‘‘(ii) In any proceeding under this subparagraph, the 24 court shall treat the failure to act on the complaint as 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

468 G:\P\16\HR1\INTRO.XML 468 a dismissal of the complaint, and shall determine by de 1 2 novo review whether the agency’s failure to act on the complaint is contrary to law. 3 4 ‘‘(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or 5 the failure to act is contrary to law, and may direct the 6 Commission to conform with such declaration within 30 7 8 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the 9 violation involved in the original complaint.’’. 10 (2) E FFECTIVE DATE .—The amendments made 11 12 by paragraph (1) shall apply— 13 (A) in the case of complaints which are 14 dismissed by the Federal Election Commission, with respect to complaints which are dismissed 15 on or after the date of the enactment of this 16 17 Act; and (B) in the case of complaints upon which 18 19 the Federal Election Commission failed to act, 20 with respect to complaints which were filed on or after the date of the enactment of this Act. 21 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

469 G:\P\16\HR1\INTRO.XML 469 SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON RE- 1 2 QUESTS FOR ADVISORY OPINIONS BY PER- SONS OPPOSING THE REQUESTS. 3 (a) I N ENERAL .—Section 308 of such Act (52 4 G 5 U.S.C. 30108) is amended by adding at the end the fol- 6 lowing new subsection: 7 ‘‘(e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion 8 9 under this section (or counsel for such person) to appear before the Commission to present testimony in support of 10 the request, and the person (or counsel) accepts such op- 11 portunity, the Commission shall provide a reasonable op- 12 portunity for an interested party who submitted written 13 14 comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the 15 16 Commission to present testimony in response to the re- 17 quest.’’. (b) E D .—The amendment made by 18 FFECTIVE ATE subsection (a) shall apply with respect to requests for advi- 19 sory opinions under section 308 of the Federal Election 20 21 Campaign Act of 1971 which are made on or after the date of the enactment of this Act. 22 23 SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE 24 PENALTY AUTHORITY. (a) E OF A UTHORITY .—Section 25 XTENSION 26 309(a)(4)(C)(v) of the Federal Election Campaign Act of g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

470 G:\P\16\HR1\INTRO.XML 470 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by strik- 1 2 ing ‘‘, and that end on or before December 31, 2018’’. (b) E ATE 3 .—The amendment made by FFECTIVE D 4 subsection (a) shall take effect on December 31, 2018. 5 SEC. 6007. EFFECTIVE DATE; TRANSITION. (a) I ENERAL N 6 G .—Except as otherwise provided, the 7 amendments made by this subtitle shall apply beginning January 1, 2022. 8 (b) T RANSITION .— 9 (1) T ERMINATION OF SERVICE OF CURRENT 10 .—Notwithstanding any provision of the 11 MEMBERS 12 Federal Election Campaign Act of 1971, the term of 13 any individual serving as a member of the Federal Election Commission as of December 31, 2021, shall 14 expire on that date. 15 (2) N 16 O EFFECT ON EXISTING CASES OR PRO - .—Nothing in this subtitle or in any 17 CEEDINGS 18 amendment made by this subtitle shall affect any of 19 the powers exercised by the Federal Election Com- 20 mission prior to December 31, 2021, including any investigation initiated by the Commission prior to 21 such date or any proceeding (including any enforce- 22 23 ment action) pending as of such date. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

471 G:\P\16\HR1\INTRO.XML 471 Subtitle B—Stopping Super PAC- 1 2 Candidate Coordination SEC. 6101. SHORT TITLE. 3 4 This subtitle may be cited as the ‘‘Stop Super PAC– Candidate Coordination Act’’. 5 6 SEC. 6102. CLARIFICATION OF TREATMENT OF COORDI- NATED EXPENDITURES AS CONTRIBUTIONS 7 TO CANDIDATES. 8 (a) T AS ONTRIBUTION TO C AN C 9 REATMENT - .—Section 301(8)(A) of the Federal Election Cam- 10 DIDATE 11 paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 12 (1) by striking ‘‘or’’ at the end of clause (i); 13 (2) by striking the period at the end of clause (ii) and inserting ‘‘; or’’; and 14 (3) by adding at the end the following new 15 clause: 16 17 ‘‘(iii) any payment made by any person (other than a candidate, an authorized com- 18 19 mittee of a candidate, or a political committee 20 of a political party) for a coordinated expendi- 21 ture (as such term is defined in section 326) which is not otherwise treated as a contribution 22 23 under clause (i) or clause (ii).’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

472 G:\P\16\HR1\INTRO.XML 472 .—Title III of such Act (52 U.S.C. 1 EFINITIONS (b) D 30101 et seq.), as amended by section 4702(a), is amend- 2 3 ed by adding at the end the following new section: 4 ‘‘SEC. 326. PAYMENTS FOR COORDINATED EXPENDITURES. ‘‘(a) C .— 5 E OORDINATED XPENDITURES ‘‘(1) I 6 N GENERAL .—For purposes of section 301(8)(A)(iii), the term ‘coordinated expenditure’ 7 means— 8 ‘‘(A) any expenditure, or any payment for 9 a covered communication described in sub- 10 section (d), which is made in cooperation, con- 11 12 sultation, or concert with, or at the request or 13 suggestion of, a candidate, an authorized com- 14 mittee of a candidate, a political committee of a political party, or agents of the candidate or 15 committee, as defined in subsection (b); or 16 ‘‘(B) any payment for any communication 17 which republishes, disseminates, or distributes, 18 19 in whole or in part, any video or broadcast or any written, graphic, or other form of campaign 20 21 material prepared by the candidate or com- 22 mittee or by agents of the candidate or com- 23 mittee (including any excerpt or use of any video from any such broadcast or written, 24 25 graphic, or other form of campaign material). g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

473 G:\P\16\HR1\INTRO.XML 473 1 XCEPTION FOR PAYMENTS FOR CERTAIN ‘‘(2) E COMMUNICATIONS .—A payment for a communication 2 (including a covered communication described in 3 4 subsection (d)) shall not be treated as a coordinated expenditure under this subsection if— 5 6 ‘‘(A) the communication appears in a news story, commentary, or editorial distributed 7 through the facilities of any broadcasting sta- 8 tion, newspaper, magazine, or other periodical 9 10 publication, unless such facilities are owned or controlled by any political party, political com- 11 mittee, or candidate; or 12 ‘‘(B) the communication constitutes a can- 13 didate debate or forum conducted pursuant to 14 15 regulations adopted by the Commission pursu- 16 ant to section 304(f)(3)(B)(iii), or which solely 17 promotes such a debate or forum and is made by or on behalf of the person sponsoring the de- 18 bate or forum. 19 ‘‘(b) C ESCRIBED .— 20 OORDINATION D ‘‘(1) I .—For purposes of this sec- 21 N GENERAL 22 tion, a payment is made ‘in cooperation, consulta- 23 tion, or concert with, or at the request or suggestion of,’ a candidate, an authorized committee of a can- 24 25 didate, a political committee of a political party, or g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

474 G:\P\16\HR1\INTRO.XML 474 agents of the candidate or committee, if the pay- 1 2 ment, or any communication for which the payment is made, is not made entirely independently of the 3 4 candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not 5 6 made entirely independently of the candidate or committee includes any payment or communication 7 made pursuant to any general or particular under- 8 standing with, or pursuant to any communication 9 with, the candidate, committee, or agents about the 10 11 payment or communication. ‘‘(2) N O FINDING OF COORDINATION BASED 12 SOLELY ON SHARING OF INFORMATION REGARDING 13 .—For purposes 14 LEGISLATIVE OR POLICY POSITION 15 of this section, a payment shall not be considered to 16 be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a 17 candidate or committee, solely on the grounds that 18 the person or the person’s agent engaged in discus- 19 20 sions with the candidate or committee, or with any agent of the candidate or committee, regarding that 21 22 person’s position on a legislative or policy matter 23 (including urging the candidate or committee to adopt that person’s position), so long as there is no 24 communication between the person and the can- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

475 G:\P\16\HR1\INTRO.XML 475 didate or committee, or any agent of the candidate 1 2 or committee, regarding the candidate’s or commit- tee’s campaign advertising, message, strategy, pol- 3 4 icy, polling, allocation of resources, fundraising, or 5 other campaign activities. ‘‘(3) N O EFFECT ON PARTY COORDINATION 6 7 .—Nothing in this section shall be con- STANDARD strued to affect the determination of coordination 8 between a candidate and a political committee of a 9 political party for purposes of section 315(d). 10 ‘‘(4) N 11 O SAFE HARBOR FOR USE OF FIRE - .—A person shall be determined to have made 12 WALL a payment in cooperation, consultation, or concert 13 with, or at the request or suggestion of, a candidate 14 or committee, in accordance with this section with- 15 out regard to whether or not the person established 16 17 and used a firewall or similar procedures to restrict 18 the sharing of information between individuals who 19 are employed by or who are serving as agents for the person making the payment. 20 ‘‘(c) P OORDINATED AYMENTS BY PENDERS FOR 21 C S C C OMMUNICATIONS .— 22 OVERED ‘‘(1) P AYMENTS MADE IN COOPERATION CON - 23 , , OR CONCERT WITH CANDIDATES .—For 24 SULTATION 25 purposes of subsection (a)(1)(A), if the person who g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

476 G:\P\16\HR1\INTRO.XML 476 makes a payment for a covered communication, as 1 2 defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate 3 4 as described in subsection (d)(1), the payment for the covered communication is made in cooperation, 5 consultation, or concert with the candidate. 6 ‘‘(2) C 7 OORDINATED SPENDER DEFINED .—For purposes of this subsection, the term ‘coordinated 8 spender’ means, with respect to a candidate or an 9 10 authorized committee of a candidate, a person (other than a political committee of a political party) for 11 12 which any of the following applies: ‘‘(A) During the 4-year period ending on 13 14 the date on which the person makes the pay- 15 ment, the person was directly or indirectly 16 formed or established by or at the request or suggestion of, or with the encouragement of, 17 the candidate (including an individual who later 18 becomes a candidate) or committee or agents of 19 20 the candidate or committee, including with the approval of the candidate or committee or 21 22 agents of the candidate or committee. 23 ‘‘(B) The candidate or committee or any agent of the candidate or committee solicits 24 funds, appears at a fundraising event, or en- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

477 G:\P\16\HR1\INTRO.XML 477 gages in other fundraising activity on the per- 1 2 son’s behalf during the election cycle involved, including by providing the person with names of 3 4 potential donors or other lists to be used by the person in engaging in fundraising activity, re- 5 6 gardless of whether the person pays fair market value for the names or lists provided. For pur- 7 poses of this subparagraph, the term ‘election 8 9 cycle’ means, with respect to an election for Federal office, the period beginning on the day 10 after the date of the most recent general elec- 11 12 tion for that office (or, if the general election resulted in a runoff election, the date of the 13 14 runoff election) and ending on the date of the 15 next general election for that office (or, if the 16 general election resulted in a runoff election, the date of the runoff election). 17 ‘‘(C) The person is established, directed, or 18 managed by the candidate or committee or by 19 20 any person who, during the 4-year period end- ing on the date on which the person makes the 21 22 payment, has been employed or retained as a 23 political, campaign media, or fundraising ad- viser or consultant for the candidate or com- 24 mittee or for any other entity directly or indi- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

478 G:\P\16\HR1\INTRO.XML 478 rectly controlled by the candidate or committee, 1 2 or has held a formal position with the candidate or committee (including a position as an em- 3 4 ployee of the office of the candidate at any time the candidate held any Federal, State, or local 5 6 public office during the 4-year period). ‘‘(D) The person has retained the profes- 7 sional services of any person who, during the 2- 8 9 year period ending on the date on which the person makes the payment, has provided or is 10 providing professional services relating to the 11 12 campaign to the candidate or committee, with- out regard to whether the person providing the 13 14 professional services used a firewall. For pur- 15 poses of this subparagraph, the term ‘profes- 16 sional services’ includes any services in support of the candidate’s or committee’s campaign ac- 17 tivities, including advertising, message, strat- 18 egy, policy, polling, allocation of resources, 19 20 fundraising, and campaign operations, but does not include accounting or legal services. 21 22 ‘‘(E) The person is established, directed, or 23 managed by a member of the immediate family of the candidate, or the person or any officer or 24 agent of the person has had more than inci- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

479 G:\P\16\HR1\INTRO.XML 479 dental discussions about the candidate’s cam- 1 2 paign with a member of the immediate family of the candidate. For purposes of this subpara- 3 4 graph, the term ‘immediate family’ has the meaning given such term in section 9004(e) of 5 the Internal Revenue Code of 1986. 6 ‘‘(d) C OMMUNICATION D OVERED .— 7 C EFINED ‘‘(1) I 8 N GENERAL .—For purposes of this sec- 9 tion, the term ‘covered communication’ means, with 10 respect to a candidate or an authorized committee of a candidate, a public communication (as defined in 11 12 section 301(22)) which— 13 ‘‘(A) expressly advocates the election of the 14 candidate or the defeat of an opponent of the candidate (or contains the functional equivalent 15 of express advocacy); 16 ‘‘(B) promotes or supports the candidate, 17 or attacks or opposes an opponent of the can- 18 19 didate (regardless of whether the communica- tion expressly advocates the election or defeat 20 21 of a candidate or contains the functional equiv- 22 alent of express advocacy); or 23 ‘‘(C) refers to the candidate or an oppo- nent of the candidate but is not described in 24 25 subparagraph (A) or subparagraph (B), but g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

480 G:\P\16\HR1\INTRO.XML 480 only if the communication is disseminated dur- 1 2 ing the applicable election period. ‘‘(2) A 3 PPLICABLE ELECTION PERIOD .—In para- 4 graph (1)(C), the ‘applicable election period’ with re- 5 spect to a communication means— ‘‘(A) in the case of a communication which 6 7 refers to a candidate in a general, special, or runoff election, the 120-day period which ends 8 9 on the date of the election; or ‘‘(B) in the case of a communication which 10 refers to a candidate in a primary or preference 11 election, or convention or caucus of a political 12 party that has authority to nominate a can- 13 didate, the 60-day period which ends on the 14 15 date of the election or convention or caucus. ‘‘(3) S PECIAL RULES FOR COMMUNICATIONS IN - 16 17 .—For pur- VOLVING CONGRESSIONAL CANDIDATES 18 poses of this subsection, a public communication shall not be considered to be a covered communica- 19 20 tion with respect to a candidate for election for an office other than the office of President or Vice 21 22 President unless it is publicly disseminated or dis- 23 tributed in the jurisdiction of the office the can- 24 didate is seeking. ‘‘(e) P .— 25 ENALTY g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

481 G:\P\16\HR1\INTRO.XML 481 .—Any per- 1 ETERMINATION OF AMOUNT ‘‘(1) D son who knowingly and willfully commits a violation 2 3 of this Act by making a contribution which consists of a payment for a coordinated expenditure shall be 4 5 fined an amount equal to the greater of— ‘‘(A) in the case of a person who makes a 6 contribution which consists of a payment for a 7 coordinated expenditure in an amount exceeding 8 the applicable contribution limit under this Act, 9 10 300 percent of the amount by which the amount of the payment made by the person ex- 11 12 ceeds such applicable contribution limit; or ‘‘(B) in the case of a person who is prohib- 13 14 ited under this Act from making a contribution 15 in any amount, 300 percent of the amount of 16 the payment made by the person for the coordi- nated expenditure. 17 ‘‘(2) J 18 OINT AND SEVERAL LIABILITY .—Any di- 19 rector, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and 20 21 severally liable for any amount of such penalty that 22 is not paid by the person prior to the expiration of 23 the 1-year period which begins on the date the Com- mission imposes the penalty or the 1-year period 24 25 which begins on the date of the final judgment fol- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

482 G:\P\16\HR1\INTRO.XML 482 lowing any judicial review of the Commission’s ac- 1 2 tion, whichever is later.’’. (c) E ATE .— 3 D FFECTIVE (1) R EPEAL OF EXISTING REGULATIONS ON CO - 4 5 ORDINATION .—Effective upon the expiration of the 90-day period which begins on the date of the enact- 6 ment of this Act— 7 8 (A) the regulations on coordinated commu- nications adopted by the Federal Election Com- 9 mission which are in effect on the date of the 10 enactment of this Act (as set forth in 11 CFR 11 Part 109, Subpart C, under the heading ‘‘Co- 12 13 ordination’’) are repealed; and 14 (B) the Federal Election Commission shall 15 promulgate new regulations on coordinated communications which reflect the amendments 16 made by this Act. 17 (2) E FFECTIVE DATE .—The amendments made 18 19 by this section shall apply with respect to payments made on or after the expiration of the 120-day pe- 20 21 riod which begins on the date of the enactment of 22 this Act, without regard to whether or not the Fed- 23 eral Election Commission has promulgated regula- tions in accordance with paragraph (1)(B) as of the 24 25 expiration of such period. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

483 G:\P\16\HR1\INTRO.XML 483 SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR 1 2 SUPER PACS BY FEDERAL CANDIDATES AND OFFICEHOLDERS. 3 (a) I N 4 ENERAL G .—Section 323(e)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 5 6 is amended— (1) by striking ‘‘or’’ at the end of subparagraph 7 8 (A); (2) by striking the period at the end of sub- 9 paragraph (B) and inserting ‘‘; or’’; and 10 (3) by adding at the end the following new sub- 11 paragraph: 12 ‘‘(C) solicit, receive, direct, or transfer 13 14 funds to or on behalf of any political committee 15 which accepts donations or contributions that 16 do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or 17 on behalf of any account of a political com- 18 mittee which is established for the purpose of 19 20 accepting such donations or contributions), or to or on behalf of any political organization 21 22 under section 527 of the Internal Revenue Code 23 of 1986 which accepts such donations or con- 24 tributions (other than a committee of a State or local political party or a candidate for election 25 26 for State or local office).’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

484 G:\P\16\HR1\INTRO.XML 484 D 1 ATE FFECTIVE .—The amendment made by (b) E 2 subsection (a) shall apply with respect to elections occur- ring after January 1, 2020. 3 Subtitle C—Severability 4 SEC. 6201. SEVERABILITY. 5 6 If any provision of this title or amendment made by this title, or the application of a provision or amendment 7 to any person or circumstance, is held to be unconstitu- 8 tional, the remainder of this title and amendments made 9 by this title, and the application of the provisions and 10 11 amendment to any person or circumstance, shall not be 12 affected by the holding. 13 DIVISION C—ETHICS TITLE VII—ETHICAL STANDARDS 14 Subtitle A—Supreme Court Ethics Sec. 7001. Code of conduct for Federal judges. Subtitle B—Foreign Agents Registration Sec. 7101. Establishment of FARA investigation and enforcement unit within Department of Justice. Sec. 7102. Authority to impose civil money penalties. Sec. 7103. Disclosure of transactions involving things of financial value con- ferred on officeholders. Subtitle C—Lobbying Disclosure Reform Sec. 7201. Expanding scope of individuals and activities subject to require- ments of Lobbying Disclosure Act of 1995. Subtitle D—Recusal of Presidential Appointees Sec. 7301. Recusal of appointees. Subtitle E—Severability Sec. 7401. Severability. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00484 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

485 G:\P\16\HR1\INTRO.XML 485 Subtitle A—Supreme Court Ethics 1 2 SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES. (a) I ENERAL .—Chapter 57 of title 28, United 3 G N 4 States Code, is amended by adding at the end the fol- lowing: 5 ‘‘§ 964. Code of conduct 6 ‘‘Not later than one year after the date of the enact- 7 ment of this section, the Judicial Conference shall issue 8 9 a code of conduct, which applies to each justice and judge of the United States, except that the code of conduct may 10 11 include provisions that are applicable only to certain cat- egories of judges or justices.’’. 12 (b) C A MENDMENT .—The table of sections 13 LERICAL 14 for chapter 57 of title 28, United States Code, is amended 15 by adding after the item related to section 963 the fol- lowing: 16 ‘‘964. Code of conduct.’’. Subtitle B—Foreign Agents 17 18 Registration SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND 19 20 ENFORCEMENT UNIT WITHIN DEPARTMENT 21 OF JUSTICE. 22 Section 8 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 618) is amended by adding 23 24 at the end the following new subsection: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

486 G:\P\16\HR1\INTRO.XML 486 E NIT .— 1 NFORCEMENT EDICATED U ‘‘(i) D ‘‘(1) E .—Not later than 180 STABLISHMENT 2 days after the date of enactment of this subsection, 3 the Attorney General shall establish a unit within 4 the counterespionage section of the National Secu- 5 rity Division of the Department of Justice with re- 6 sponsibility for the enforcement of this Act. 7 ‘‘(2) P .—The unit established under this 8 OWERS subsection is authorized to— 9 ‘‘(A) take appropriate legal action against 10 individuals suspected of violating this Act; and 11 12 ‘‘(B) coordinate any such legal action with 13 the United States Attorney for the relevant ju- 14 risdiction. ‘‘(3) C .—In operating the unit es- 15 ONSULTATION tablished under this subsection, the Attorney Gen- 16 eral shall, as appropriate, consult with the Director 17 18 of National Intelligence, the Secretary of Homeland Security, and the Secretary of State. 19 ‘‘(4) A .— 20 UTHORIZATION OF APPROPRIATIONS 21 There are authorized to be appropriated to carry out 22 the activities of the unit established under this sub- section $10,000,000 for fiscal year 2019 and each 23 24 succeeding fiscal year.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

487 G:\P\16\HR1\INTRO.XML 487 SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PEN- 1 2 ALTIES. (a) E UTHORITY 3 STABLISHING .—Section 8 of the A 4 Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 618) is amended by inserting after subsection (c) 5 6 the following new subsection: ‘‘(d) C IVIL P ENALTIES .— 7 M ONEY ‘‘(1) R .—Whoever 8 EGISTRATION STATEMENTS 9 fails to file timely or complete a registration state- 10 ment as provided under section 2(a) shall be subject to a civil money penalty of not more than $10,000 11 12 per violation. ‘‘(2) S UPPLEMENTS .—Whoever fails to file 13 14 timely or complete supplements as provided under section 2(b) shall be subject to a civil money penalty 15 of not more than $1,000 per violation. 16 ‘‘(3) O THER VIOLATIONS .—Whoever knowingly 17 18 fails to— ‘‘(A) remedy a defective filing within 60 19 20 days after notice of such defect by the Attorney 21 General; or 22 ‘‘(B) comply with any other provision of this Act, 23 shall upon proof of such knowing violation by a pre- 24 25 ponderance of the evidence, be subject to a civil g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

488 G:\P\16\HR1\INTRO.XML 488 money penalty of not more than $200,000, depend- 1 2 ing on the extent and gravity of the violation. ‘‘(4) N PAID FOREIGN PRIN - 3 BY O FINES .—A civil money penalty paid under para- CIPALS 4 5 graph (1) may not be paid, directly or indirectly, by a foreign principal. 6 ‘‘(5) U 7 SE OF FINES .—All civil money penalties 8 collected under this subsection shall be used to de- fray the cost of the enforcement unit established 9 under subsection (i).’’. 10 (b) E ATE .—The amendment made by FFECTIVE D 11 12 subsection (a) shall take effect on the date of the enact- ment of this Act. 13 14 SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING 15 THINGS OF FINANCIAL VALUE CONFERRED 16 ON OFFICEHOLDERS. (a) R GENTS TO D ISCLOSE K NOWN EQUIRING 17 A T RANSACTIONS .— 18 (1) I .—Section 2(a) of the Foreign 19 N GENERAL 20 Agents Registration Act of 1938, as amended (22 21 U.S.C. 612(a)) is amended— (A) by redesignating paragraphs (10) and 22 (11) as paragraphs (11) and (12); and 23 24 (B) by inserting after paragraph (9) the 25 following new paragraph: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

489 G:\P\16\HR1\INTRO.XML 489 ‘‘(10) To the extent that the registrant has 1 2 knowledge of any transaction which occurred in the preceding 60 days and in which the foreign principal 3 4 for whom the registrant is acting as an agent con- 5 ferred on a Federal or State officeholder any thing 6 of financial value, including a gift, profit, salary, fa- vorable regulatory treatment, or any other direct or 7 8 indirect economic or financial benefit, a detailed statement describing each such transaction.’’. 9 (2) E 10 FFECTIVE DATE .—The amendments made 11 by paragraph (1) shall apply with respect to state- ments filed on or after the expiration of the 90-day 12 13 period which begins on the date of the enactment of this Act. 14 (b) S D ISCLOSURE FOR C URRENT 15 UPPLEMENTAL R EGISTRANTS .—Not later than the expiration of the 90- 16 17 day period which begins on the date of the enactment of this Act, each registrant who (prior to the expiration of 18 such period) filed a registration statement with the Attor- 19 ney General under section 2(a) of the Foreign Agents Reg- 20 istration Act of 1938, as amended (22 U.S.C. 612(a)) and 21 22 who has knowledge of any transaction described in para- 23 graph (10) of section 2(a) of such Act (as added by sub- section (a)(1)) which occurred at any time during which 24 the registrant was an agent of the foreign principal in- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

490 G:\P\16\HR1\INTRO.XML 490 volved, shall file with the Attorney General a supplement 1 2 to such statement under oath, on a form prescribed by the Attorney General, containing a detailed statement de- 3 4 scribing each such transaction. 5 Subtitle C—Lobbying Disclosure Reform 6 7 SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND AC- 8 TIVITIES SUBJECT TO REQUIREMENTS OF 9 LOBBYING DISCLOSURE ACT OF 1995. (a) C NDIVIDUALS OVERAGE OF ROVIDING L EGIS - 10 I P , P , AND S TRATEGIC C OLITICAL S ERV - 11 LATIVE OUNSELING .— 12 ICES (1) T REATMENT OF LEGISLATIVE , 13 , POLITICAL 14 AND STRATEGIC COUNSELING SERVICES IN SUPPORT .— 15 OF LOBBYING CONTACTS AS LOBBYING ACTIVITY Section 3(7) of such Act (2 U.S.C. 1602(7)) is 16 17 amended— 18 (A) by striking ‘‘efforts’’ and inserting ‘‘any efforts’’; and 19 (B) by striking ‘‘research and other back- 20 21 ground work’’ and inserting the following: ‘‘leg- 22 islative, political, and strategic counseling serv- 23 ices, research, and other background work’’. (2) T REATMENT OF LOBBYING CONTACT MADE 24 , POLITICAL , AND 25 WITH SUPPORT OF LEGISLATIVE g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

491 G:\P\16\HR1\INTRO.XML 491 1 STRATEGIC COUNSELING SERVICES AS LOBBYING - CONTACT MADE BY INDIVIDUAL PROVIDING SERV 2 ICES 3 .—Section 3(8) of such Act (2 U.S.C. 1602(8)) 4 is amended by adding at the end the following new 5 subparagraph: ‘‘(C) T REATMENT OF PROVIDERS OF LEG - 6 , , AND STRATEGIC COUN - 7 POLITICAL ISLATIVE 8 .—Any individual who for fi- SELING SERVICES nancial or other compensation provides legisla- 9 10 tive, political, and strategic counseling services 11 which are treated as lobbying activity under 12 paragraph (7), and which are used in support of a lobbying contact under this paragraph 13 which is made by another individual, shall be 14 considered to have made the same lobbying con- 15 tact at the same time and in the same manner 16 17 to the covered executive branch official or cov- ered legislative branch official involved.’’. 18 (b) E D .—The amendments made by 19 ATE FFECTIVE this section shall apply with respect to lobbying contacts 20 21 made on or after the date of the enactment of this Act. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

492 G:\P\16\HR1\INTRO.XML 492 Subtitle D—Recusal of Presidential 1 2 Appointees SEC. 7301. RECUSAL OF APPOINTEES. 3 4 Section 208 of title 18, United States Code, is amended by adding at the end the following: 5 6 ‘‘(e)(1) Any officer or employee appointed by the President shall recuse himself or herself from any par- 7 ticular matter involving specific parties in which a party 8 9 to that matter is— ‘‘(A) the President who appointed the offi- 10 cer or employee, which shall include any entity 11 12 in which the President has a substantial inter- est; or 13 14 ‘‘(B) the spouse of the President who ap- 15 pointed the officer or employee, which shall in- 16 clude any entity in which the spouse of the President has a substantial interest. 17 ‘‘(2)(A) Subject to subparagraph (B), if an offi- 18 19 cer or employee is recused under paragraph (1), a career appointee in the agency of the officer or em- 20 21 ployee shall perform the functions and duties of the 22 officer or employee with respect to the matter. ‘‘(B)(i) In this subparagraph, the term 23 ‘Commission’ means a board, commission, or 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

493 G:\P\16\HR1\INTRO.XML 493 other agency for which the authority of the 1 2 agency is vested in more than 1 member. ‘‘(ii) If the recusal of a member of a 3 4 Commission from a matter under para- graph (1) would result in there not being 5 6 a statutorily required quorum of members of the Commission available to participate 7 in the matter, notwithstanding such stat- 8 9 ute or any other provision of law, the members of the Commission not recused 10 under paragraph (1) may— 11 12 ‘‘(I) consider the matter without regard to the quorum requirement 13 14 under such statute; 15 ‘‘(II) delegate the authorities and 16 responsibilities of the Commission with respect to the matter to a sub- 17 committee of the Commission; or 18 19 ‘‘(III) designate an officer or em- ployee of the Commission who was not 20 21 appointed by the President who ap- 22 pointed the member of the Commis- sion recused from the matter to exer- 23 cise the authorities and duties of the 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

494 G:\P\16\HR1\INTRO.XML 494 recused member with respect to the 1 2 matter. ‘‘(3) Any officer or employee who violates para- 3 4 graph (1) shall be subject to the penalties set forth in section 216. 5 6 ‘‘(4) For purposes of this section, the term ‘particular matter’ shall have the meaning given the 7 term in section 207(i).’’. 8 9 Subtitle E—Severability SEC. 7401. SEVERABILITY. 10 If any provision of this title or amendment made by 11 12 this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitu- 13 14 tional, the remainder of this title and amendments made 15 by this title, and the application of the provisions and 16 amendment to any person or circumstance, shall not be affected by the holding. 17 TITLE VIII—ETHICS REFORMS 18 FOR THE PRESIDENT, VICE 19 20 PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES 21 Subtitle A—Executive Branch Conflict of Interest Sec. 8001. Short title. Sec. 8002. Restrictions on private sector payment for government service. Sec. 8003. Requirements relating to slowing the revolving door. Sec. 8004. Prohibition of procurement officers accepting employment from gov- ernment contractors. Sec. 8005. Revolving door restrictions on employees moving into the private sector. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00494 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

495 G:\P\16\HR1\INTRO.XML 495 Subtitle B—Presidential Conflicts of Interest Sec. 8011. Short title. Sec. 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. Sec. 8013. Initial financial disclosure. Sec. 8014. Contracts by the President or Vice President. Subtitle C—White House Ethics Transparency Sec. 8021. Short title. Sec. 8022. Procedure for waivers and authorizations relating to ethics require- ments. Subtitle D—Executive Branch Ethics Enforcement Sec. 8031. Short title. Sec. 8032. Reauthorization of the Office of Government Ethics. Sec. 8033. Tenure of the Director of the Office of Government Ethics. Sec. 8034. Duties of Director of the Office of Government Ethics. Sec. 8035. Agency Ethics Officials Training and Duties. Subtitle E—Conflicts From Political Fundraising Sec. 8041. Short title. Sec. 8042. Disclosure of certain types of contributions. Subtitle F—Transition Team Ethics Sec. 8051. Short title. Sec. 8052. Presidential transition ethics programs. Subtitle G—Ethics Pledge For Senior Executive Branch Employees Sec. 8061. Short title. Sec. 8062. Ethics pledge requirement for senior executive branch employees. Subtitle H—Severability Sec. 8071. Severability. Subtitle A—Executive Branch 1 Conflict of Interest 2 3 SEC. 8001. SHORT TITLE. 4 This subtitle may be cited as the ‘‘Executive Branch Conflict of Interest Act’’. 5 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

496 G:\P\16\HR1\INTRO.XML 496 SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT 1 2 FOR GOVERNMENT SERVICE. Section 209 of title 18, United States Code, is 3 4 amended— 5 (1) in subsection (a), by striking ‘‘any salary’’ 6 and inserting ‘‘any salary (including a bonus)’’; and (2) in subsection (b)— 7 8 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (B) by adding at the end the following: 9 10 ‘‘(2) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, 11 profit-sharing, stock bonus, or other employee wel- 12 fare or benefit plan that makes payment of any por- 13 tion of compensation contingent on accepting a posi- 14 tion in the United States Government shall not be 15 16 considered bona fide.’’. 17 SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE RE- 18 VOLVING DOOR. (a) I ENERAL .—The Ethics in Government Act of 19 N G 20 1978 (5 U.S.C. App.) is amended by adding at the end the following: 21 22 ‘‘TITLE VI—ENHANCED RE- 23 QUIREMENTS FOR CERTAIN 24 EMPLOYEES ‘‘SEC. 601. DEFINITIONS. 25 26 ‘‘In this title: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

497 G:\P\16\HR1\INTRO.XML 497 .—The term ‘covered 1 OVERED AGENCY ‘‘(1) C agency’— 2 3 ‘‘(A) means an Executive agency, as de- 4 fined in section 105 of title 5, United States 5 Code, the Postal Service and the Postal Rate Commission, but does not include the Govern- 6 7 ment Accountability Office or the Government of the District of Columbia; and 8 ‘‘(B) shall include the Executive Office of 9 the President. 10 ‘‘(2) C .—The term ‘covered 11 OVERED EMPLOYEE employee’ means an officer or employee referred to 12 in paragraph (2) of section 207(c) of title 18, 13 United States Code. 14 ‘‘(3) D .—The term ‘Director’ means IRECTOR 15 the Director of the Office of Government Ethics. 16 ‘‘(4) E .—The term ‘execu- 17 XECUTIVE BRANCH tive branch’ has the meaning given that term in sec- 18 19 tion 109. ‘‘(5) F .—The term ‘former cli- 20 ORMER CLIENT 21 ent’— 22 ‘‘(A) means a person for whom a covered employee served personally as an agent, attor- 23 ney, or consultant during the 2-year period end- 24 25 ing on the date before the date on which the g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

498 G:\P\16\HR1\INTRO.XML 498 covered employee begins service in the Federal 1 2 Government; and ‘‘(B) does not include— 3 4 ‘‘(i) instances in which the service provided was limited to a speech or similar 5 6 appearance by the covered employee; or ‘‘(ii) a client of the former employer 7 of the covered employee to whom the cov- 8 9 ered employee did not personally provide such services. 10 ‘‘(6) F ORMER EMPLOYER 11 .—The term ‘former employer’— 12 13 ‘‘(A) means a person for whom a covered 14 employee served as an employee, officer, direc- 15 tor, trustee, or general partner during the 2 year period ending on the date before the date 16 on which the covered employee begins service in 17 the Federal Government; and 18 19 ‘‘(B) does not include— ‘‘(i) an entity in the Federal Govern- 20 21 ment, including an executive branch agen- 22 cy; ‘‘(ii) a State or local government; 23 ‘‘(iii) the District of Columbia; 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

499 G:\P\16\HR1\INTRO.XML 499 ‘‘(iv) an Indian tribe, as defined in 1 2 section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 3 4 5304); or 5 ‘‘(v) the government of a territory or 6 possession of the United States. ‘‘(7) P 7 .—The term ‘par- ARTICULAR MATTER ticular matter’ has the meaning given that term in 8 9 section 207(i) of title 18, United States Code. ‘‘SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY 10 STANDARDS. 11 ‘‘(a) I G ENERAL .—A covered employee may not use, 12 N 13 or attempt to use, the official position of the covered em- 14 ployee to participate in a particular matter in which the 15 covered employee knows a former employer or former cli- ent of the covered employee has a financial interest. 16 ‘‘(b) W AIVER .— 17 ‘‘(1) I 18 .—The head of the covered N GENERAL agency employing a covered employee, in consulta- 19 20 tion with the Director, may grant a written waiver 21 of the restrictions under subsection (a) prior to en- 22 gaging in the action otherwise prohibited by sub- section (a) if, and to the extent that, the head of the 23 24 covered agency certifies in writing that— g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

500 G:\P\16\HR1\INTRO.XML 500 ‘‘(A) the application of the restriction to 1 2 the particular matter is inconsistent with the purposes of the restriction; or 3 4 ‘‘(B) it is in the public interest to grant 5 the waiver. ‘‘(2) P UBLICATION .—The head of the covered 6 7 agency shall provide a waiver under paragraph (1) 8 to the Director and post the waiver on the website of the agency within 30 calendar days after granting 9 10 such waiver. ‘‘SEC. 603. PENALTIES AND INJUNCTIONS. 11 ‘‘(a) C ENALTIES .— 12 RIMINAL P ‘‘(1) I .—Any person who violates 13 N GENERAL 14 section 602 shall be fined under title 18, United 15 States Code, imprisoned for not more than 1 year, 16 or both. ‘‘(2) W .—Any person who 17 ILLFUL VIOLATIONS willfully violates section 602 shall be fined under 18 19 title 18, United States Code, imprisoned for not more than 5 years, or both. 20 ‘‘(b) C E NFORCEMENT .— 21 IVIL ‘‘(1) I N GENERAL 22 .—The Attorney General may bring a civil action in an appropriate district court 23 of the United States against any person who vio- 24 25 lates, or whom the Attorney General has reason to g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

501 G:\P\16\HR1\INTRO.XML 501 believe is engaging in conduct that violates, section 1 2 602. ‘‘(2) C 3 IVIL PENALTY .— ‘‘(A) I N GENERAL .—If the court finds by 4 a preponderance of the evidence that a person 5 6 violated section 602, the court shall impose a civil penalty of not more than the greater of— 7 ‘‘(i) $100,000 for each violation; or 8 ‘‘(ii) the amount of compensation the 9 10 person received or was offered for the con- duct constituting the violation. 11 ‘‘(B) R .—A civil 12 ULE OF CONSTRUCTION penalty under this subsection may be in addi- 13 14 tion to any other criminal or civil statutory, 15 common law, or administrative remedy available 16 to the United States or any other person. ‘‘(3) I .— 17 NJUNCTIVE RELIEF ‘‘(A) I .—In a civil action 18 N GENERAL 19 brought under paragraph (1) against a person, 20 the Attorney General may petition the court for 21 an order prohibiting the person from engaging 22 in conduct that violates section 602. ‘‘(B) S TANDARD .—The court may issue an 23 24 order under subparagraph (A) if the court finds g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

502 G:\P\16\HR1\INTRO.XML 502 by a preponderance of the evidence that the 1 2 conduct of the person violates section 602. ‘‘(C) R 3 ULE OF CONSTRUCTION .—The filing 4 of a petition seeking injunctive relief under this 5 paragraph shall not preclude any other remedy that is available by law to the United States or 6 7 any other person.’’. SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS AC- 8 9 CEPTING EMPLOYMENT FROM GOVERNMENT CONTRACTORS. 10 (a) E XPANSION OF P A CCEPTANCE 11 ROHIBITION ON F ORMER O FFICIALS OF C OMPENSATION F ROM C ON - 12 BY .—Section 2104 of title 41, United States Code, TRACTORS 13 is amended— 14 (1) in subsection (a)— 15 (A) in the matter preceding paragraph 16 (1)— 17 18 (i) by striking ‘‘or consultant’’ and in- serting ‘‘attorney, consultant, subcon- 19 20 tractor, or lobbyist’’; and 21 (ii) by striking ‘‘one year’’ and insert- 22 ing ‘‘2 years’’; and (B) in paragraph (3), by striking ‘‘person- 23 24 ally made for the Federal agency’’ and inserting g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

503 G:\P\16\HR1\INTRO.XML 503 ‘‘participated personally and substantially in’’; 1 2 and (2) by striking subsection (b) and inserting the 3 4 following: ‘‘(b) P F ROM ROHIBITION ON FFILI - 5 C OMPENSATION A UBCONTRACTORS .—A former official respon- ATES AND S 6 7 sible for a Government contract referred to in paragraph (1), (2), or (3) of subsection (a) may not accept compensa- 8 tion for 2 years after awarding the contract from any divi- 9 sion, affiliate, or subcontractor of the contractor.’’. 10 (b) R EQUIREMENT FOR O FFICERS TO 11 P ROCUREMENT D J OB O FFERS M ADE ON B EHALF OF R EL - 12 ISCLOSE .—Section 2103(a) of title 41, United States Code, ATIVES 13 is amended in the matter preceding paragraph (1) by in- 14 serting after ‘‘that official’’ the following: ‘‘, or for a rel- 15 ative (as defined in section 3110 of title 5) of that offi- 16 cial,’’. 17 (c) R WARD OF G OVERNMENT 18 EQUIREMENT ON A C F ORMER E MPLOYERS .— 19 ONTRACTS TO (1) I N GENERAL 20 .—Chapter 21 of division B of subtitle I of title 41, United States Code, is amend- 21 22 ed by adding at the end the following new section: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

504 G:\P\16\HR1\INTRO.XML 504 ‘‘§ 2108. Prohibition on involvement by certain 1 2 former contractor employees in procure- ments 3 4 ‘‘An employee of the Federal Government may not 5 be personally and substantially involved with any award 6 of a contract to, or the administration of a contract award- ed to, a contractor that is a former employer of the em- 7 8 ployee during the 2-year period beginning on the date on which the employee leaves the employment of the con- 9 10 tractor.’’. (2) T AND CONFORMING AMEND 11 ECHNICAL - MENT .—The table of sections for chapter 21 of title 12 13 41, United States Code, is amended by adding at 14 the end the following new item: ‘‘2108. Prohibition on involvement by certain former contractor employees in procurements.’’. (d) R .—The Administrator for Federal 15 EGULATIONS Procurement Policy and the Director of the Office of Man- 16 17 agement and Budget shall— (1) in consultation with the Director of the Of- 18 19 fice of Personnel Management and the Counsel to 20 the President, promulgate regulations to carry out 21 and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; 22 23 and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

505 G:\P\16\HR1\INTRO.XML 505 (2) in consultation with designated agency eth- 1 2 ics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 3 4 U.S.C. App.)), monitor compliance with that chapter 5 by individuals and agencies. 6 SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOY- 7 EES MOVING INTO THE PRIVATE SECTOR. (a) I ENERAL .—Subsection (c) of section 207 of N G 8 9 title 18, United States Code, is amended— (1) in the subsection heading, by striking 10 ‘‘O YEAR ’’ and inserting ‘‘T WO NE YEAR ’’; 11 - - 12 (2) in paragraph (1), by striking ‘‘1 year’’ in 13 each instance and inserting ‘‘2 years’’; and 14 (3) in paragraph (2)(B), by striking ‘‘1-year’’ and inserting ‘‘2-year’’. 15 (b) A PPLICATION .—The amendments made by sub- 16 section (a) shall apply to any individual covered by sub- 17 18 section (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of 19 20 enactment of this Act. 21 Subtitle B—Presidential Conflicts 22 of Interest SEC. 8011. SHORT TITLE. 23 This subtitle may be cited as the ‘‘Presidential Con- 24 25 flicts of Interest Act of 2019’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

506 G:\P\16\HR1\INTRO.XML 506 SEC. 8012. DIVESTITURE OF PERSONAL FINANCIAL INTER- 1 2 ESTS OF THE PRESIDENT AND VICE PRESI- DENT THAT POSE A POTENTIAL CONFLICT OF 3 4 INTEREST. 5 It is the sense of Congress that the President and 6 the Vice President should conduct themselves as if they were bound by section 208 of title 18, United States Code, 7 8 by divesting conflicting assets in accordance with that sec- tion and implementing regulations issued by the Office of 9 10 Government Ethics, or by establishing a qualified blind trust (as that term is defined in section 102(f)(3) of the 11 Ethics in Government Act of 1978 (5 U.S.C. App.)), or 12 both. 13 SEC. 8013. INITIAL FINANCIAL DISCLOSURE. 14 Subsection (a) of section 101 of the Ethics in Govern- 15 16 ment Act of 1978 (5 U.S.C. App.) is amended by striking 17 ‘‘position’’ and adding at the end the following: ‘‘position, 18 with the exception of the President and Vice President, who must file a new report.’’. 19 SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESI- 20 DENT. 21 (a) A 22 .—Section 431 of title 18, United MENDMENT States Code, is amended— 23 the 24 (1) in the section heading, by inserting ‘‘ ’’ after 25 President, Vice President, or a Contracts by ’’; and 26 ‘‘ g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

507 G:\P\16\HR1\INTRO.XML 507 (2) in the first undesignated paragraph, by in- 1 2 serting ‘‘the President or Vice President,’’ after ‘‘Whoever, being’’. 3 (b) T ABLE OF S ECTIONS MENDMENT .—The table of 4 A sections for chapter 23 of title 18, United States Code, 5 is amended by striking the item relating to section 431 6 and inserting the following: 7 ‘‘431. Contracts by the President, Vice President, or a Member of Congress.’’. 8 Subtitle C—White House Ethics Transparency 9 SEC. 8021. SHORT TITLE. 10 This subtitle may be cited as the ‘‘White House Eth- 11 12 ics Transparency Act of 2019’’. 13 SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZA- 14 TIONS RELATING TO ETHICS REQUIREMENTS. (a) I G ENERAL .—Notwithstanding any other provi- 15 N sion of law, not later than 30 days after an officer or em- 16 17 ployee issues or approves a waiver or authorization pursu- ant to section 3 of Executive Order 13770 (82 6 Fed. Reg. 18 19 9333), or any subsequent similar order, such officer or 20 employee shall— 21 (1) transmit a written copy of such waiver or authorization to the Director of the Office of Gov- 22 23 ernment Ethics; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

508 G:\P\16\HR1\INTRO.XML 508 (2) make a written copy of such waiver or au- 1 2 thorization available to the public on the website of the employing agency of the covered employee. 3 (b) R ETROACTIVE A PPLICATION 4 .—In the case of a waiver or authorization described in subsection (a) issued 5 during the period beginning on January 20, 2017, and 6 7 ending on the date of enactment of this Act, the issuing officer or employee of such waiver or authorization shall 8 comply with the requirements of paragraphs (1) and (2) 9 of such subsection not later than 30 days after the date 10 of enactment of this Act. 11 (c) O G OVERNMENT E THICS P UBLIC A VAIL - 12 FFICE OF .—Not later than 14 days after receiving a written ABILITY 13 copy of a waiver or authorization under subsection (a)(1), 14 the Director of the Office of Government Ethics shall 15 make such waiver or authorization available to the public 16 on the website of the Office of Government Ethics. 17 (d) D OVERED E MPLOYEE .—In this 18 EFINITION OF C 19 section, the term ‘‘covered employee’’— 20 (1) means a full-time, non-career Presidential 21 or Vice Presidential appointee, non-career appointee in the Senior Executive Service (or other SES-type 22 system), or an appointee to a position that has been 23 24 excepted from the competitive service by reason of 25 being of a confidential or policymaking character g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

509 G:\P\16\HR1\INTRO.XML 509 (Schedule C and other positions excepted under com- 1 2 parable criteria) in an executive agency; and (2) does not include any individual appointed as 3 4 a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. 5 6 Subtitle D—Executive Branch Ethics Enforcement 7 SEC. 8031. SHORT TITLE. 8 9 This subtitle may be cited as the ‘‘Executive Branch Comprehensive Ethics Enforcement Act of 2019’’. 10 SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERN- 11 12 MENT ETHICS. Section 405 of the Ethics in Government Act of 1978 13 14 (5 U.S.C. App.) is amended by striking ‘‘fiscal year 2007’’ 15 and inserting ‘‘fiscal years 2019 through 2023.’’. 16 SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS. 17 Section 401(b) of the Ethics in Government Act of 18 19 1978 (5 U.S.C. App.) is amended by striking the period at the end and inserting ‘‘, subject to removal only for 20 21 inefficiency, neglect of duty, or malfeasance in office. The 22 Director may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, 23 except that the Director may not continue to serve for 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

510 G:\P\16\HR1\INTRO.XML 510 more than one year after the date on which the term would 1 2 otherwise expire under this subsection.’’. SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOV- 3 4 ERNMENT ETHICS. (a) I N ENERAL .—Section 402(b) of the Ethics in 5 G Government Act of 1978 (5 U.S.C. App.) is amended— 6 (1) in paragraph (1)— 7 (A) by striking ‘‘developing, in consulta- 8 9 tion’’ and inserting ‘‘consulting’’; (B) by striking ‘‘Management, rules, and 10 11 regulations to be promulgated by the President or the Director,’’ and inserting ‘‘Management 12 13 for input on the promulgation of rules and reg- 14 ulations to be promulgated by the Director’’; 15 and (C) by striking ‘‘title II’’ and inserting 16 ‘‘title I’’; 17 (2) by striking paragraph (2) and inserting the 18 19 following: ‘‘(2) providing mandatory education and train- 20 21 ing programs for designated agency ethics officials, 22 which may be delegated to each agency or the White House Counsel as deemed appropriate by the Direc- 23 tor;’’; 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

511 G:\P\16\HR1\INTRO.XML 511 (3) in paragraph (3), by striking ‘‘title II’’ and 1 2 inserting ‘‘title I’’; (4) in paragraph (4), by striking ‘‘problems’’ 3 4 and inserting ‘‘issues’’; (5) in paragraph (6), by striking ‘‘problems’’ 5 6 and inserting ‘‘issues’’; (6) in paragraph (7)— 7 (A) by striking ‘‘, when requested,’’; and 8 9 (B) by striking ‘‘conflict of interest prob- lems’’ and inserting ‘‘conflicts of interest, as 10 well as other ethics issues’’; 11 12 (7) in paragraph (9)— (A) by striking ‘‘ordering’’ and inserting 13 14 ‘‘receiving allegations of violations of this Act 15 and, when necessary, investigating an allegation 16 to determine whether a violation occurred, and ordering’’; and 17 (B) by inserting before the semi-colon the 18 following: ‘‘, and recommending appropriate 19 20 disciplinary action’’; (8) in paragraph (12)— 21 22 (A) by striking ‘‘evaluating, with the as- 23 sistance of’’ and inserting ‘‘promulgating, with input from’’; 24 (B) by striking ‘‘the need for’’; 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

512 G:\P\16\HR1\INTRO.XML 512 (C) by striking ‘‘conflict of interest and 1 2 ethical problems’’ and inserting ‘‘conflict of in- terest and ethics issues’’; 3 4 (9) in paragraph (13)— (A) by striking ‘‘with the Attorney Gen- 5 6 eral’’ and inserting ‘‘with the Inspectors Gen- eral and the Attorney General’’; 7 (B) by striking ‘‘violations of the conflict 8 9 of interest laws’’ and inserting ‘‘conflict of in- terest issues and allegations of violations of eth- 10 ics laws and regulations and this Act’’; and 11 12 (C) by striking ‘‘, as required by section 535 of title 28, United States Code’’; 13 14 (10) in paragraph (14), by striking ‘‘and’’ at 15 the end; 16 (11) in paragraph (15)— (A) by striking ‘‘title II’’ and inserting 17 ‘‘title I’’; and 18 (B) by striking the period at the end and 19 20 inserting a semicolon; and (12) by adding at the end the following: 21 22 ‘‘(16) directing and providing final approval, 23 when determined appropriate by the Director, for designated agency ethics officials regarding the reso- 24 lution of conflicts of interest as well as any other 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

513 G:\P\16\HR1\INTRO.XML 513 ethics issues under the purview of this Act in indi- 1 2 vidual cases; and ‘‘(17) reviewing and approving, when deter- 3 4 mined appropriate by the Director, any recusals, ex- 5 emptions, or waivers from the conflicts of interest 6 and ethics laws, rules, and regulations and making approved recusals, exemptions, and waivers made 7 8 publicly available by the relevant agency available in a central location on the official website of the Office 9 10 of Government Ethics.’’. (b) W P ROCEDURES .—Section 402(d) of the RITTEN 11 Ethics in Government Act of 1978 (5 U.S.C. App.) is 12 amended— 13 14 (1) in paragraph (1)— 15 (A) by striking ‘‘, by the exercise of any 16 authority otherwise available to the Director under this title,’’; and 17 (B) by striking ‘‘the agency is’’. 18 (c) C CTIONS .—Section 402(f) of the 19 ORRECTIVE A 20 Ethics in Government Act of 1978 (5 U.S.C. App.) is 21 amended— 22 (1) in paragraph (1)— (A) in clause (i) of subparagraph (A), by 23 24 striking ‘‘of such agency’’; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

514 G:\P\16\HR1\INTRO.XML 514 (B) in subparagraph (B), by inserting at 1 2 the end ‘‘and determine that a violation of this Act has occurred and issue appropriate admin- 3 4 istrative or legal remedies as prescribed in para- graph (2)’’; 5 6 (2) in paragraph (2)— (A) in subparagraph (A)— 7 (i) in clause (ii)— 8 9 (I) in subclause (I)— (aa) by inserting ‘‘to the 10 President or the President’s des- 11 12 ignee if the matter involves em- ployees of the Executive Office of 13 14 the President or’’ after ‘‘may rec- 15 ommend’’; 16 (bb) by striking ‘‘and’’ at the end; and 17 (II) in subclause (II)— 18 19 (aa) by inserting ‘‘President or’’ after ‘‘determines that the’’; 20 21 and 22 (bb) by adding ‘‘and’’ at the end; 23 (ii) in subclause (II) of clause (iii)— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

515 G:\P\16\HR1\INTRO.XML 515 (I) by striking ‘‘notify in writ- 1 2 ing,’’ and inserting ‘‘advise the Presi- dent in writing or order’’; 3 4 (II) by inserting ‘‘take appro- priate disciplinary action including 5 6 reprimand, suspension, demotion, or dismissal against the officer or em- 7 ployee’’ after ‘‘employee’s agency’’; 8 9 and (III) by striking ‘‘of the officer’s 10 or employee’s noncompliance, except 11 12 that, if the officer or employee in- volved is the agency head, the notifi- 13 14 cation shall instead be submitted to 15 the President and Congress and’’; and 16 (iii) by striking clause (iv); (B) in subparagraph (B)(i)— 17 (i) by striking ‘‘subparagraph (A)(iii) 18 or (iv)’’ and inserting ‘‘subparagraph (A)’’; 19 20 (ii) by inserting ‘‘(I)’’ before ‘‘In order to’’; and 21 22 (iii) by adding at the end the fol- 23 lowing: ‘‘(II)(aa) The Director may secure directly 24 from any agency information necessary to en- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

516 G:\P\16\HR1\INTRO.XML 516 able the Director to carry out this Act. Upon 1 2 request of the Director, the head of such agency shall furnish that information to the Director. 3 4 ‘‘(bb) The Director may require by sub- poena the production of all information, docu- 5 6 ments, reports, answers, records, accounts, pa- pers, and other data in any medium and docu- 7 mentary evidence necessary in the performance 8 9 of the functions assigned by this Act, which subpoena, in the case of refusal to obey, shall 10 be enforceable by order of any appropriate 11 12 United States district court.’’; (C) in subparagraph (B)(ii)(I)— 13 14 (i) by striking ‘‘Subject to clause (iv) 15 of this subparagraph, before’’ and insert- 16 ing ‘‘Before’’; and (ii) by striking ‘‘subparagraphs (A) 17 (iii) or (iv)’’ and inserting ‘‘subparagraph 18 (A)(iii)’’; 19 20 (D) in subparagraph (B)(iii), by striking ‘‘Subject to clause (iv) of this subparagraph, 21 22 before’’ and inserting ‘‘Before’’; and 23 (E) in subparagraph (B)(iv)— (i) by striking ‘‘title 2’’ and inserting 24 ‘‘title I’’; and 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

517 G:\P\16\HR1\INTRO.XML 517 (ii) by striking ‘‘section 206’’ and in- 1 2 serting ‘‘section 104’’; (3) in paragraph (4), by striking ‘‘(iv),’’; and 3 4 (4) by striking paragraph (5) and inserting the following: 5 6 ‘‘(5)(A) The Office of Government Ethics shall provide, on the official website of the Office, public 7 access to records made available by agencies of all 8 9 conflicts of interest and ethics laws, rules and regu- lations, recusals, waivers and exemptions, ethics ad- 10 visory opinions, ethics agreements of senior executive 11 12 branch personnel and employee certificates of dives- titure, financial disclosure reports, compliance re- 13 14 views, enforcement actions, and any other public 15 records concerning conflicts of interest and ethics 16 records for the executive branch required by law. ‘‘(B) All financial disclosure reports and 17 records related to conflict of interest waivers and 18 19 other records of ethics determinations deemed public information by the Director or by law shall be made 20 21 available to the public either by internet link to such 22 information if publicly available, or at no charge on the website of the Office of Government Ethics in a 23 searchable, sortable, and downloadable format, and 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

518 G:\P\16\HR1\INTRO.XML 518 at reasonable fees for reproduction of paper docu- 1 2 ments at the Office of Government Ethics.’’. (d) D 3 .—Section 402 of the Ethics in Gov- EFINITIONS ernment Act of 1978 (5 U.S.C. App.) is amended by add- 4 5 ing at the end the following: ‘‘(g) For purposes of this title— 6 ‘‘(1) the term ‘agency’ shall include the Execu- 7 8 tive Office of the President; and ‘‘(2) the term ‘officer or employee’ shall include 9 any individual occupying a position, providing any 10 11 official services, or acting in an advisory capacity, in the White House or the Executive Office of the 12 13 President. 14 ‘‘(h) In this title, a reference to the head of an agency 15 shall include the President or the President’s designee. ‘‘(i) The Director shall not be required to obtain the 16 prior approval, comment, or review of any officer or agen- 17 cy of the United States, including the Office of Manage- 18 19 ment and Budget, before submitting to Congress, or any committee or subcommittee thereof, any information, re- 20 21 ports, recommendations, testimony, or comments, if such 22 submissions include a statement indicating that the views expressed therein are those of the Director and do not nec- 23 essarily represent the views of the President.’’. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

519 G:\P\16\HR1\INTRO.XML 519 SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DU- 1 2 TIES. Section 403 of the Ethics in Government Act of 1978 3 4 (5 U.S.C. App.) is amended by adding at the end the fol- lowing: 5 ‘‘(c)(1) All designated agency ethics officials and al- 6 ternate designated agency ethics officials shall register 7 8 with, and report to, the Director as well as with the ap- pointing authority of the official. 9 ‘‘(2) The Director shall provide ethics education and 10 training to all designated and alternate designated agency 11 ethics officials in a time and manner deemed appropriate 12 13 by the Director. 14 ‘‘(d)(1) The head of each agency shall ensure that 15 all records and information provided to the Director under this Act shall be provided, to the greatest extent prac- 16 ticable, in a searchable, sortable, and downloadable for- 17 18 mat. ‘‘(2) The head of each agency shall post on the offi- 19 20 cial website of the agency each recusal, waiver, exemption, 21 ethics advisory opinion, ethics agreement, and certificate of divestiture issued by the agency under this Act and its 22 implanting regulations.’’. 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

520 G:\P\16\HR1\INTRO.XML 520 Subtitle E—Conflicts From 1 2 Political Fundraising SEC. 8041. SHORT TITLE. 3 4 This subtitle may be cited as the ‘‘Conflicts from Po- 5 litical Fundraising Act of 2019’’. 6 SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBU- 7 TIONS. (a) D 8 EFINITIONS .—Section 109 of the Ethics in Gov- 9 ernment Act of 1978 (5 U.S.C. App.) is amended— (1) by redesignating paragraphs (2) through 10 (19) as paragraphs (5) through (22), respectively; 11 12 and (2) by inserting after paragraph (1) the fol- 13 14 lowing: 15 ‘‘(2) ‘covered contribution’ means a payment, 16 advance, forbearance, rendering, or deposit of money, or any thing of value— 17 ‘‘(A)(i) that— 18 ‘‘(I) is— 19 20 ‘‘(aa) made by or on behalf of a covered individual; or 21 22 ‘‘(bb) solicited in writing by or at 23 the request of a covered individual; and 24 ‘‘(II) is made— 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

521 G:\P\16\HR1\INTRO.XML 521 ‘‘(aa) to a political organization, 1 2 as defined in section 527 of the Inter- nal Revenue Code of 1986; or 3 4 ‘‘(bb) to an organization— ‘‘(AA) that is described in 5 6 paragraph (4) or (6) of section 501(c) of the Internal Revenue 7 Code of 1986 and exempt from 8 9 tax under section 501(a) of such Code; and 10 ‘‘(BB) that promotes or op- 11 12 poses changes in Federal laws or regulations that are (or would 13 14 be) administered by the agency in 15 which the covered individual has 16 been nominated for appointment to a covered position or is serving 17 in a covered position; or 18 ‘‘(ii) that is— 19 20 ‘‘(I) solicited in writing by or on be- half of a covered individual; and 21 22 ‘‘(II) made— 23 ‘‘(aa) by an individual or entity the activities of which are subject to 24 Federal laws or regulations that are 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

522 G:\P\16\HR1\INTRO.XML 522 (or would be) administered by the 1 2 agency in which the covered individual has been nominated for appointment 3 4 to a covered position or is serving in a covered position; and 5 6 ‘‘(bb) to— ‘‘(AA) a political organiza- 7 tion, as defined in section 527 of 8 9 the Internal Revenue Code of 1986; or 10 ‘‘(BB) an organization that 11 12 is described in paragraph (4) or (6) of section 501(c) of the Inter- 13 14 nal Revenue Code of 1986 and 15 exempt from tax under section 16 501(a) of such Code; and ‘‘(B) that is made to an organization de- 17 scribed in item (aa) or (bb) of clause (i)(II) or 18 clause (ii)(II)(bb) of subparagraph (A) for 19 20 which the total amount of such payments, ad- vances, forbearances, renderings, or deposits of 21 22 money, or any thing of value, during the cal- 23 endar year in which it is made is not less than the contribution limitation in effect under sec- 24 tion 315(a)(1)(A) of the Federal Election Cam- 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

523 G:\P\16\HR1\INTRO.XML 523 paign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) 1 2 for elections occurring during such calendar year; 3 4 ‘‘(3) ‘covered individual’ means an individual who has been nominated or appointed to a covered 5 6 position; and ‘‘(4) ‘covered position’— 7 ‘‘(A) means— 8 9 ‘‘(i) a position described under sec- tions 5312 through 5316 of title 5, United 10 States Code; 11 12 ‘‘(ii) a position placed in level IV or V of the Executive Schedule under section 13 14 5317 of title 5, United States Code; 15 ‘‘(iii) a position as a limited term ap- 16 pointee, limited emergency appointee, or noncareer appointee in the Senior Execu- 17 tive Service, as defined under paragraphs 18 19 (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; and 20 21 ‘‘(iv) a position in the executive 22 branch of the Government of a confidential or policy-determining character under 23 schedule C of subpart C of part 213 of 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

524 G:\P\16\HR1\INTRO.XML 524 title 5 of the Code of Federal Regulations; 1 2 and ‘‘(B) does not include a position if the in- 3 4 dividual serving in the position has been ex- cluded from the application of section 5 101(f)(5);’’. 6 (b) D EQUIREMENTS ISCLOSURE 7 R .—The Ethics in 8 Government Act of 1978 (5 U.S.C. App.) is amended— (1) in section 101— 9 (A) in subsection (a)— 10 11 (i) by inserting ‘‘(1)’’ before ‘‘With- in’’; 12 13 (ii) by striking ‘‘unless’’ and inserting 14 ‘‘and, if the individual is assuming a cov- 15 ered position, the information described in section 102(j), except that, subject to para- 16 graph (2), the individual shall not be re- 17 quired to file a report if’’; and 18 19 (iii) by adding at the end the fol- lowing: 20 21 ‘‘(2) If an individual has left a position described in 22 subsection (f) that is not a covered position and, within 30 days, assumes a position that is a covered position, the 23 individual shall, within 30 days of assuming the covered 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

525 G:\P\16\HR1\INTRO.XML 525 position, file a report containing the information described 1 2 in section 102(j)(2)(A).’’; (B) in subsection (b)(1), in the first sen- 3 4 tence, by inserting ‘‘and the information re- quired by section 102(j)’’ after ‘‘described in 5 6 section 102(b)’’; (C) in subsection (d), by inserting ‘‘and, if 7 the individual is serving in a covered position, 8 9 the information required by section 102(j)(2)(A)’’ after ‘‘described in section 10 102(a)’’; and 11 12 (D) in subsection (e), by inserting ‘‘and, if the individual was serving in a covered position, 13 14 the information required by section 15 102(j)(2)(A)’’ after ‘‘described in section 16 102(a)’’; and (2) in section 102— 17 (A) in subsection (g), by striking ‘‘Political 18 19 campaign funds’’ and inserting ‘‘Except as pro- vided in subsection (j), political campaign 20 21 funds’’; and 22 (B) by adding at the end the following: ‘‘(j)(1) In this subsection— 23 ‘‘(A) the term ‘applicable period’ means— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

526 G:\P\16\HR1\INTRO.XML 526 ‘‘(i) with respect to a report filed pursuant 1 2 to subsection (a) or (b) of section 101, the year of filing and the 4 calendar years preceding the 3 4 year of the filing; and ‘‘(ii) with respect to a report filed pursuant 5 6 to subsection (d) or (e) of section 101, the pre- ceding calendar year; and 7 ‘‘(B) the term ‘covered gift’ means a gift that— 8 9 ‘‘(i) is made to a covered individual, the spouse of a covered individual, or the dependent 10 child of a covered individual; 11 12 ‘‘(ii) is made by an entity described in item (aa) or (bb) of section 109(2)(A)(i)(II); and 13 14 ‘‘(iii) would have been required to be re- 15 ported under subsection (a)(2) if the covered in- 16 dividual had been required to file a report under section 101(d) with respect to the cal- 17 endar year during which the gift was made. 18 19 ‘‘(2)(A) A report filed pursuant to subsection (a), (b), (d), or (e) of section 101 by a covered individual shall in- 20 21 clude, for each covered contribution during the applicable 22 period— ‘‘(i) the date on which the covered contribution 23 was made; 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

527 G:\P\16\HR1\INTRO.XML 527 ‘‘(ii) if applicable, the date or dates on which 1 2 the covered contribution was solicited; ‘‘(iii) the value of the covered contribution; 3 4 ‘‘(iv) the name of the person making the cov- ered contribution; and 5 6 ‘‘(v) the name of the person receiving the cov- ered contribution. 7 ‘‘(B)(i) Subject to clause (ii), a covered contribution 8 9 made by or on behalf of, or that was solicited in writing by or on behalf of, a covered individual shall constitute 10 a conflict of interest, or an appearance thereof, with re- 11 12 spect to the official duties of the covered individual. ‘‘(ii) The Director of the Office of Government Ethics 13 14 may exempt a covered contribution from the application 15 of clause (i) if the Director determines the circumstances 16 of the solicitation and making of the covered contribution do not present a risk of a conflict of interest and the ex- 17 emption of the covered contribution would not affect ad- 18 19 versely the integrity of the Government or the public’s con- fidence in the integrity of the Government. 20 21 ‘‘(3) A report filed pursuant to subsection (a) or (b) 22 of section 101 by a covered individual shall include the information described in subsection (a)(2) with respect to 23 each covered gift received during the applicable period.’’. 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

528 G:\P\16\HR1\INTRO.XML 528 R THICS A GREE - 1 EPORTS AND ROVISION OF E (c) P .—Section 105 of the Ethics in Gov- 2 C MENTS TO ONGRESS ernment Act of 1978 (5 U.S.C. App.) is amended by add- 3 ing at the end the following: 4 ‘‘(e) Not later than 30 days after receiving a written 5 6 request from the Chairman or Ranking Member of a com- mittee or subcommittee of either House of Congress, the 7 Director of the Office of Government Ethics shall provide 8 to the Chairman and Ranking Member each report filed 9 under this title by the covered individual and any ethics 10 11 agreement entered into between the agency and the cov- ered individual.’’. 12 (d) R E THICS A GREEMENTS .—The Director 13 ULES ON 14 of the Office of Government Ethics shall promptly issue 15 rules regarding how an agency in the executive branch shall address information required to be disclosed under 16 the amendments made by this subtitle in drafting ethics 17 agreements between the agency and individuals appointed 18 19 to positions in the agency. (e) T C ONFORMING A MENDMENTS .— 20 ECHNICAL AND 21 (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— 22 (A) in section 101(f)— 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

529 G:\P\16\HR1\INTRO.XML 529 (i) in paragraph (9), by striking ‘‘sec- 1 2 tion 109(12)’’ and inserting ‘‘section 109(15)’’; 3 4 (ii) in paragraph (10), by striking ‘‘section 109(13)’’ and inserting ‘‘section 5 6 109(16)’’; (iii) in paragraph (11), by striking 7 ‘‘section 109(10)’’ and inserting ‘‘section 8 9 109(13)’’; and (iv) in paragraph (12), by striking 10 ‘‘section 109(8)’’ and inserting ‘‘section 11 12 109(11)’’; (B) in section 103(l)— 13 14 (i) in paragraph (9), by striking ‘‘sec- 15 tion 109(12)’’ and inserting ‘‘section 16 109(15)’’; and (ii) in paragraph (10), by striking 17 ‘‘section 109(13)’’ and inserting ‘‘section 18 19 109(16)’’; and (C) in section 105(b)(3)(A), by striking 20 21 ‘‘section 109(8) or 109(10)’’ and inserting ‘‘sec- 22 tion 109(11) or 109(13)’’. (2) Section 3(4)(D) of the Lobbying Disclosure 23 Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

530 G:\P\16\HR1\INTRO.XML 530 striking ‘‘section 109(13)’’ and inserting ‘‘section 1 2 109(16)’’. (3) Section 21A of the Securities Exchange Act 3 4 of 1934 (15 U.S.C. 78u–1) is amended— (A) in subsection (g)(2)(B)(ii), by striking 5 6 ‘‘section 109(11) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(11)))’’ and in- 7 serting ‘‘section 109 of the Ethics in Govern- 8 9 ment Act of 1978 (5 U.S.C. App.))’’; and (B) in subsection (h)(2)— 10 (i) in subparagraph (B), by striking 11 12 ‘‘section 109(8) of the Ethics in Govern- ment Act of 1978 (5 U.S.C. App. 109(8))’’ 13 14 and inserting ‘‘section 109 of the Ethics in 15 Government Act of 1978 (5 U.S.C. App.)’’; 16 and (ii) in subparagraph (C), by striking 17 ‘‘section 109(10) of the Ethics in Govern- 18 ment Act of 1978 (5 U.S.C. App. 19 20 109(10))’’ and inserting ‘‘section 109 of the Ethics in Government Act of 1978 (5 21 22 U.S.C. App.)’’. 23 (4) Section 499(j)(2) of the Public Health Serv- ice Act (42 U.S.C. 290b(j)(2)) is amended by strik- 24 ing ‘‘section 109(16) of the Ethics in Government 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

531 G:\P\16\HR1\INTRO.XML 531 Act of 1978’’ and inserting ‘‘section 109 of the Eth- 1 2 ics in Government Act of 1978 (5 U.S.C. App.)’’. Subtitle F—Transition Team Ethics 3 4 SEC. 8051. SHORT TITLE. This subtitle may be cited as the ‘‘Transition Team 5 6 Ethics Improvement Act’’. SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. 7 The Presidential Transition Act of 1963 (3 U.S.C. 8 9 102 note) is amended— (1) in section 3(f), by adding at the end the fol- 10 lowing new paragraph: 11 12 ‘‘(3) The President-elect shall submit to the Com- mittee on Oversight and Reform of the House of Rep- 13 14 resentatives and the Committee on Homeland Security 15 and Governmental Affairs of the Senate a report with a 16 list of— ‘‘(A) any individual for whom an application for 17 a security clearance was submitted, not later than 18 10 days after the date on which the application was 19 20 submitted; and ‘‘(B) any individual provided a security clear- 21 22 ance, not later than 10 days after the date on which 23 the security clearance was provided.’’; (2) in section 4— 24 (A) in subsection (a)— 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

532 G:\P\16\HR1\INTRO.XML 532 (i) in paragraph (3), by striking 1 2 ‘‘and’’ at the end; (ii) by redesignating paragraph (4) as 3 4 paragraph (5); and (iii) by inserting after paragraph (3) 5 6 the following: ‘‘(4) the term ‘nonpublic information’— 7 ‘‘(A) means information from the Federal 8 9 Government that a transition team member ob- tains as part of the employment of such mem- 10 ber that the member knows or reasonably 11 12 should know has not been made available to the general public; and 13 14 ‘‘(B) includes information that has not 15 been released to the public that a transition 16 team member knows or reasonably should know— 17 ‘‘(i) is exempt from disclosure under 18 section 552 of title 5, United States Code, 19 20 or otherwise protected from disclosure by law; and 21 22 ‘‘(ii) is not authorized by the appro- 23 priate agency or official to be released to the public; and’’; and 24 (B) in subsection (g)— 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

533 G:\P\16\HR1\INTRO.XML 533 (i) in paragraph (1), by striking ‘‘No- 1 2 vember’’ and inserting ‘‘October’’; and (ii) by adding at the end the fol- 3 4 lowing: ‘‘(3) E .— 5 THICS PLAN ‘‘(A) I 6 N GENERAL .—Each memorandum of understanding under paragraph (1) shall in- 7 clude an agreement that the eligible candidate 8 9 will implement and enforce an ethics plan to guide the conduct of the transition beginning on 10 11 the date on which the eligible candidate be- comes the President-elect. 12 ‘‘(B) C .—The ethics plan shall 13 ONTENTS 14 include, at a minimum— 15 ‘‘(i) a description of the ethics re- quirements that will apply to all transition 16 team members, including specific require- 17 ments for transition team members who 18 19 will have access to nonpublic or classified information; 20 21 ‘‘(ii) a description of how the transi- 22 tion team will— ‘‘(I) address the role on the tran- 23 sition team of— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

534 G:\P\16\HR1\INTRO.XML 534 ‘‘(aa) registered lobbyists 1 2 under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et 3 4 seq.) and individuals who were formerly registered lobbyists 5 6 under that Act; ‘‘(bb) persons registered 7 under the Foreign Agents Reg- 8 9 istration Act, as amended (22 U.S.C. 611 et seq.), foreign na- 10 tionals, and other foreign agents; 11 12 and ‘‘(cc) transition team mem- 13 14 bers with sources of income or 15 clients that are not disclosed to 16 the public; ‘‘(II) prohibit a transition team 17 member with personal financial con- 18 19 flicts of interest as described in sec- tion 208 of title 18, United States 20 21 Code, from working on particular 22 matters involving specific parties that affect the interests of such member; 23 and 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

535 G:\P\16\HR1\INTRO.XML 535 ‘‘(III) address how the covered 1 2 eligible candidate will address their own personal financial conflicts of in- 3 4 terest during a Presidential term if the covered eligible candidate becomes 5 6 the President-elect; ‘‘(iii) a Code of Ethical Conduct, to 7 which each transition team member will 8 9 sign and be subject to, that reflects the content of the ethics plans under this para- 10 graph and at a minimum requires each 11 12 transition team member to— ‘‘(I) seek authorization from 13 14 transition team leaders or their des- 15 ignees before seeking, on behalf of the 16 transition, access to any nonpublic in- formation; 17 ‘‘(II) keep confidential any non- 18 public information provided in the 19 20 course of the duties of the member with the transition and exclusively use 21 22 such information for the purposes of 23 the transition; and ‘‘(III) not use any nonpublic in- 24 formation provided in the course of 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

536 G:\P\16\HR1\INTRO.XML 536 transition duties, in any manner, for 1 2 personal or private gain for the mem- ber or any other party at any time 3 4 during or after the transition; and ‘‘(iv) a description of how the transi- 5 6 tion team will enforce the Code of Ethical Conduct, including the names of the tran- 7 sition team members responsible for en- 8 9 forcement, oversight, and compliance. ‘‘(C) P .—The transi- 10 UBLICLY AVAILABLE 11 tion team shall make the ethics plan described in this paragraph publicly available on the 12 13 Internet website of the General Services Admin- 14 istration the earlier of— 15 ‘‘(i) the day on which the memo- randum of understanding is completed; or 16 ‘‘(ii) October 1.’’; and 17 (3) in section 6(b)— 18 19 (A) in paragraph (1)— (i) in subparagraph (A), by striking 20 21 ‘‘and’’ at the end; 22 (ii) in subparagraph (B), by striking the period at the end and inserting a semi- 23 colon; and 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

537 G:\P\16\HR1\INTRO.XML 537 (iii) by adding at the end the fol- 1 2 lowing: ‘‘(C) a list of all positions each transition team 3 4 member has held outside the Federal Government for the previous 12-month period, including paid and 5 6 unpaid positions; ‘‘(D) sources of compensation for each transi- 7 tion team member exceeding $5,000 a year for the 8 9 previous 12-month period; ‘‘(E) a description of the role of each transition 10 team member, including a list of any policy issues 11 12 that the member expects to work on, and a list of agencies the member expects to interact with, while 13 14 serving on the transition team; 15 ‘‘(F) a list of any issues from which each tran- 16 sition team member will be recused while serving as a member of the transition team pursuant to the 17 transition team ethics plan outlined in section 18 4(g)(3); and 19 20 ‘‘(G) an affirmation that no transition team member has a financial conflict of interest that pre- 21 22 cludes the member from working on the matters de- 23 scribed in subparagraph (E).’’; (B) in paragraph (2), by inserting ‘‘not 24 later than 2 business days’’ after ‘‘public’’; and 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

538 G:\P\16\HR1\INTRO.XML 538 (C) by adding at the end the following: 1 2 ‘‘(3) The head of a Federal department or agency, or their designee, shall not permit access to the Federal 3 4 department or agency, or employees of such department or agency, that would not be provided to a member of the 5 6 public for any transition team member who does not make the disclosures listed under paragraph (1).’’. 7 Subtitle G—Ethics Pledge For Sen- 8 9 ior Executive Branch Employees SEC. 8061. SHORT TITLE. 10 This subtitle may be cited as the ‘‘Ethics in Public 11 12 Service Act’’. SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EX- 13 14 ECUTIVE BRANCH EMPLOYEES. 15 The Ethics in Government Act of 1978 (5 U.S.C. 16 App. 101 et seq.) is amended by inserting after title I the following new title: 17 ‘‘TITLE II—ETHICS PLEDGE 18 ‘‘SEC. 201. DEFINITIONS. 19 20 ‘‘For the purposes of this title, the following defini- tions apply: 21 22 ‘‘(1) The term ‘executive agency’ has the mean- 23 ing given that term in section 105 of title 5, United States Code, and includes the Executive Office of 24 the President, the United States Postal Service, and 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

539 G:\P\16\HR1\INTRO.XML 539 Postal Regulatory Commission, but does not include 1 2 the Government Accountability Office. ‘‘(2) The term ‘appointee’ means any full-time, 3 4 noncareer Presidential or Vice-Presidential ap- pointee, noncareer appointee in the Senior Executive 5 6 Service (or other SES-type system), or appointee to a position that has been excepted from the competi- 7 tive service by reason of being of a confidential or 8 9 policymaking character (Schedule C and other posi- tions excepted under comparable criteria) in an exec- 10 utive agency, but does not include any individual ap- 11 12 pointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned offi- 13 14 cer. 15 ‘‘(3) The term ‘gift’ means anything having 16 monetary value. ‘‘(4) The term ‘covered executive branch offi- 17 cial’ and ‘lobbyist’ have the meanings given those 18 terms in section 3 of the Lobbying Disclosure Act of 19 20 1995 (2 U.S.C. 1602). ‘‘(5) The term ‘registered lobbyist or lobbying 21 22 organization’ means a lobbyist or an organization fil- 23 ing a registration pursuant to section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 24 1603(a)), and in the case of an organization filing 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

540 G:\P\16\HR1\INTRO.XML 540 such a registration, ‘registered lobbyist’ includes 1 2 each of the lobbyists identified therein. ‘‘(6) The term ‘lobby’ and ‘lobbied’ mean to act 3 4 or have acted as a registered lobbyist. ‘‘(7) The term ‘former employer’ is any person 5 6 for whom the appointee has within the 2 years prior to the date of his or her appointment served as an 7 employee, officer, director, trustee, or general part- 8 9 ner, except that ‘former employer’ does not include any executive agency or other entity of the Federal 10 Government, State or local government, the District 11 12 of Columbia, Native American tribe, or any United States territory or possession. 13 14 ‘‘(8) The term ‘former client’ is any person for 15 whom the appointee served personally as agent, at- 16 torney, or consultant within the 2 years prior to the date of his or her appointment, but excluding in- 17 stances where the service provided was limited to a 18 19 speech or similar appearance. It does not include cli- ents of the appointee’s former employer to whom the 20 21 appointee did not personally provide services. 22 ‘‘(9) The term ‘directly and substantially re- lated to my former employer or former clients’ 23 means matters in which the appointee’s former em- 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

541 G:\P\16\HR1\INTRO.XML 541 ployer or a former client is a party or represents a 1 2 party. ‘‘(10) The term ‘participate’ means to partici- 3 4 pate personally and substantially. ‘‘(11) The term ‘post-employment restrictions’ 5 6 includes the provisions and exceptions in section 207(c) of title 18, United States Code, and the im- 7 plementing regulations. 8 9 ‘‘(12) The term ‘Government official’ means any employee of the executive branch. 10 ‘‘(13) The term ‘Administration’ means all 11 12 terms of office of the incumbent President serving at the time of the appointment of an appointee covered 13 14 by this title. 15 ‘‘(14) The term ‘pledge’ means the ethics 16 pledge set forth in section 202 of this title. ‘‘(15) All references to provisions of law and 17 regulations shall refer to such provisions as in effect 18 19 on the date of enactment of this title. ‘‘SEC. 202. ETHICS PLEDGE. 20 21 ‘‘Each appointee in every executive agency appointed 22 on or after the date of enactment of this section shall be required to sign an ethics pledge upon appointment. The 23 pledge shall be signed and dated within 30 days of taking 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

542 G:\P\16\HR1\INTRO.XML 542 office and shall include, at a minimum, the following ele- 1 2 ments: ‘‘ ‘As a condition, and in consideration, of my employ- 3 4 ment in the United States Government in a position in- vested with the public trust, I commit myself to the fol- 5 6 lowing obligations, which I understand are binding on me and are enforceable under law: 7 ‘‘ ‘(1) Lobbyist Gift Ban.—I will not accept 8 9 gifts from registered lobbyists or lobbying organiza- tions for the duration of my service as an appointee. 10 ‘‘ ‘(2) Revolving Door Ban; Entering Govern- 11 12 ment.— ‘‘ ‘(A) All Appointees Entering Govern- 13 14 ment.—I will not, for a period of 2 years from 15 the date of my appointment, participate in any 16 particular matter involving specific party or parties that is directly and substantially related 17 to my former employer or former clients, in- 18 cluding regulations and contracts. 19 20 ‘‘ ‘(B) Lobbyists Entering Government.—If I was a registered lobbyist within the 2 years 21 22 before the date of my appointment, in addition 23 to abiding by the limitations of subparagraph (A), I will not for a period of 2 years after the 24 date of my appointment: 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

543 G:\P\16\HR1\INTRO.XML 543 ‘‘ ‘(i) participate in any particular 1 2 matter on which I lobbied within the 2 years before the date of my appointment; 3 4 ‘‘ ‘(ii) participate in the specific issue area in which that particular matter falls; 5 6 or ‘‘ ‘(iii) seek or accept employment with 7 any executive agency that I lobbied within 8 9 the 2 years before the date of my appoint- ment. 10 ‘‘ ‘(3) Revolving Door Ban; Appointees Leaving 11 12 Government.— ‘‘ ‘(A) All Appointees Leaving Govern- 13 14 ment.—If, upon my departure from the Govern- 15 ment, I am covered by the post-employment re- 16 strictions on communicating with employees of my former executive agency set forth in section 17 207(c) of title 18, United States Code, I agree 18 that I will abide by those restrictions for a pe- 19 20 riod of 2 years following the end of my appoint- ment. 21 22 ‘‘ ‘(B) Appointees Leaving Government to 23 Lobby.—In addition to abiding by the limita- tions of subparagraph (A), I also agree, upon 24 leaving Government service, not to lobby any 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

544 G:\P\16\HR1\INTRO.XML 544 covered executive branch official or noncareer 1 2 Senior Executive Service appointee for the re- mainder of the Administration. 3 4 ‘‘ ‘(4) Employment Qualification Commit- ment.—I agree that any hiring or other employment 5 6 decisions I make will be based on the candidate’s qualifications, competence, and experience. 7 ‘‘ ‘(5) Assent to Enforcement.—I acknowledge 8 9 that title II of the Ethics in Government Act of 1978, which I have read before signing this docu- 10 ment, defines certain of the terms applicable to the 11 12 foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of 13 14 that title as a part of this agreement and as binding 15 on me. I understand that the terms of this pledge 16 are in addition to any statutory or other legal re- strictions applicable to me by virtue of Federal Gov- 17 ernment service.’ ’’. 18 19 ‘‘SEC. 203. WAIVER. ‘‘(a) The President or the President’s designee may 20 21 grant to any current or former appointee a written waiver 22 of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the President or the 23 President’s designee certifies (in writing) that— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

545 G:\P\16\HR1\INTRO.XML 545 ‘‘(1) the literal application of the restriction is 1 2 inconsistent with the purposes of the restriction; or ‘‘(2) it is in the public interest to grant the 3 4 waiver. ‘‘(b) Any waiver under this section shall take effect 5 when the certification is signed by the President or the 6 President’s designee. 7 8 ‘‘(c) For purposes of subsection (a)(2), the public in- terest shall include exigent circumstances relating to na- 9 tional security or to the economy. De minimis contact with 10 an executive agency shall be cause for a waiver of the re- 11 strictions contained in paragraph (2)(B) of the pledge. 12 13 ‘‘SEC. 204. ADMINISTRATION. 14 ‘‘(a) The head of each executive agency shall, in con- 15 sultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as 16 nearly as practicable to the agency’s general ethics rules 17 18 and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to 19 20 ensure— 21 ‘‘(1) that every appointee in the agency signs the pledge upon assuming the appointed office or 22 otherwise becoming an appointee; 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

546 G:\P\16\HR1\INTRO.XML 546 ‘‘(2) that compliance with paragraph (2)(B) of 1 2 the pledge is addressed in a written ethics agree- ment with each appointee to whom it applies; 3 4 ‘‘(3) that spousal employment issues and other conflicts not expressly addressed by the pledge are 5 6 addressed in ethics agreements with appointees or, where no such agreements are required, through eth- 7 ics counseling; and 8 9 ‘‘(4) compliance with this title within the agen- cy. 10 ‘‘(b) With respect to the Executive Office of the 11 12 President, the duties set forth in subsection (a) shall be the responsibility of the Counsel to the President. 13 14 ‘‘(c) The Director of the Office of Government Ethics 15 shall— 16 ‘‘(1) ensure that the pledge and a copy of this title are made available for use by agencies in ful- 17 filling their duties under subsection (a); 18 ‘‘(2) in consultation with the Attorney General 19 20 or the Counsel to the President, when appropriate, assist designated agency ethics officers in providing 21 22 advice to current or former appointees regarding the 23 application of the pledge; ‘‘(3) adopt such rules or procedures as are nec- 24 essary or appropriate— 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

547 G:\P\16\HR1\INTRO.XML 547 ‘‘(A) to carry out the responsibilities as- 1 2 signed by this subsection; ‘‘(B) to apply the lobbyist gift ban set 3 4 forth in paragraph 1 of the pledge to all execu- tive branch employees; 5 6 ‘‘(C) to authorize limited exceptions to the lobbyist gift ban for circumstances that do not 7 implicate the purposes of the ban; 8 9 ‘‘(D) to make clear that no person shall have violated the lobbyist gift ban if the person 10 properly disposes of a gift; 11 12 ‘‘(E) to ensure that existing rules and pro- cedures for Government employees engaged in 13 14 negotiations for future employment with private 15 businesses that are affected by their official ac- 16 tions do not affect the integrity of the Govern- ment’s programs and operations; and 17 ‘‘(F) to ensure, in consultation with the 18 Director of the Office of Personnel Manage- 19 20 ment, that the requirement set forth in para- graph (4) of the pledge is honored by every em- 21 22 ployee of the executive branch; 23 ‘‘(4) in consultation with the Director of the Office of Management and Budget, report to the 24 President on whether full compliance is being 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

548 G:\P\16\HR1\INTRO.XML 548 achieved with existing laws and regulations gov- 1 2 erning executive branch procurement lobbying disclo- sure and on steps the executive branch can take to 3 4 expand to the fullest extent practicable disclosure of such executive branch procurement lobbying and of 5 6 lobbying for presidential pardons, and to include in the report both immediate action the executive 7 branch can take and, if necessary, recommendations 8 9 for legislation; and ‘‘(5) provide an annual public report on the ad- 10 ministration of the pledge and this title. 11 12 ‘‘(d) All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the 13 14 head of the appointee’s agency for permanent retention 15 in the appointee’s official personnel folder or equivalent 16 folder.’’. Subtitle H—Severability 17 SEC. 8071. SEVERABILITY. 18 If any provision of this title or any amendment made 19 20 by this title, or any application of such provision or amendment to any person or circumstance, is held to be 21 22 unconstitutional, the remainder of the provisions of this 23 title and the amendments made by this title, and the appli- cation of the provision or amendment to any other person 24 or circumstance, shall not be affected. 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

549 G:\P\16\HR1\INTRO.XML 549 1 TITLE IX—CONGRESSIONAL ETHICS REFORM 2 Subtitle A—Requiring Members of Congress to Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Account- ability Act of 1995 Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Account- ability Act of 1995 in all cases of employment discrimination acts by Members. Subtitle B—Conflicts of Interests Sec. 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities. Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. Sec. 9103. Exercise of rulemaking powers. Subtitle C—Campaign Finance and Lobbying Disclosure Sec. 9201. Short title. Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists. Sec. 9203. Effective date. Subtitle D—Access to Congressionally Mandated Reports Sec. 9301. Short title. Sec. 9302. Definitions. Sec. 9303. Establishment of online portal for congressionally mandated reports. Sec. 9304. Federal agency responsibilities. Sec. 9305. Removing and altering reports. Sec. 9306. Relationship to the Freedom of Information Act. Sec. 9307. Implementation. Subtitle E—Severability Sec. 9401. Severability. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00549 Fmt 6652 Sfmt 6211 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

550 G:\P\16\HR1\INTRO.XML 550 Subtitle A—Requiring Members of 1 2 Congress to Reimburse Treas- ury for Amounts Paid as Settle- 3 4 ments and Awards Under Con- 5 gressional Accountability Act of 1995 6 7 SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIM- 8 BURSE TREASURY FOR AMOUNTS PAID AS 9 SETTLEMENTS AND AWARDS UNDER CON- GRESSIONAL ACCOUNTABILITY ACT OF 1995 10 11 IN ALL CASES OF EMPLOYMENT DISCRIMINA- TION ACTS BY MEMBERS. 12 (a) R EIMBURSEMENT .—Clause (i) of sec- 13 EQUIRING R 14 tion 415(d)(1)(C) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(1)(C)), as amended by section 15 16 111(a) of the Congressional Accountability Act of 1995 17 Reform Act, is amended to read as follows: 18 ‘‘(i) a violation of section 201(a) or section 206(a); or’’. 19 (b) C MENDMENT R ONFORMING N OTI - 20 A ELATING TO P OSSIBILITY OF R EIMBURSEMENT .—Clause 21 FICATION OF 22 (i) of section 402(b)(2)(B) of the Congressional Account- 23 ability Act of 1995 (2 U.S.C. 1402(b)(2)(B)), as amended by section 102(a) of the Congressional Accountability Act 24 25 of 1995 Reform Act, is amended to read as follows: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

551 G:\P\16\HR1\INTRO.XML 551 ‘‘(i) a violation of section 201(a) or 1 2 section 206(a); or’’. (c) E ATE .—The amendments made by 3 D FFECTIVE 4 this section shall take effect as if included in the enact- ment of the Congressional Accountability Act of 1995 Re- 5 form Act. 6 Subtitle B—Conflicts of Interests 7 SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF REP- 8 9 RESENTATIVES FROM SERVING ON BOARDS OF FOR-PROFIT ENTITIES. 10 11 Rule XXIII of the Rules of the House of Representa- tives is amended— 12 13 (1) by redesignating clause 19 as clause 20; 14 and 15 (2) by inserting after clause 18 the following new clause: 16 ‘‘19. A Member, Delegate, or Resident Commissioner 17 may not serve on the board of directors of any for-profit 18 19 entity.’’. SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS 20 21 OF CONGRESS AND CONGRESSIONAL STAFF. 22 No Member, officer, or employee of a committee or 23 Member of either House of Congress may knowingly use his or her official position to introduce or aid the progress 24 25 or passage of legislation, a principal purpose of which is g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

552 G:\P\16\HR1\INTRO.XML 552 to further only his or her pecuniary interest, only the pecu- 1 2 niary interest of his or her immediate family, or only the pecuniary interest of a limited class of persons or enter- 3 4 prises, when he or she, or his or her immediate family, or enterprises controlled by them, are members of the af- 5 fected class. 6 SEC. 9103. EXERCISE OF RULEMAKING POWERS. 7 8 The provisions of this subtitle are enacted by the Congress— 9 (1) as an exercise of the rulemaking power of 10 the House of Representatives and the Senate, re- 11 12 spectively, and as such they shall be considered as 13 part of the rules of each House, respectively, or of 14 that House to which they specifically apply, and such rules shall supersede other rules only to the ex- 15 tent that they are inconsistent therewith; and 16 17 (2) with full recognition of the constitutional right of either House to change such rules (so far 18 19 as relating to such House) at any time, in the same 20 manner, and to the same extent as in the case of any other rule of such House. 21 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

553 G:\P\16\HR1\INTRO.XML 553 Subtitle C—Campaign Finance and 1 2 Lobbying Disclosure SEC. 9201. SHORT TITLE. 3 4 This subtitle may be cited as the ‘‘Connecting Lobby- 5 ists and Electeds for Accountability and Reform Act’’ or 6 the ‘‘CLEAR Act’’. SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS 7 8 FILED WITH FEDERAL ELECTION COMMIS- SION OF PERSONS WHO ARE REGISTERED 9 10 LOBBYISTS. (a) R F ILED BY P C OMMITTEES .— 11 EPORTS OLITICAL 12 Section 304(b) of the Federal Election Campaign Act of 13 1971 (52 U.S.C. 30104(b)) is amended— 14 (1) by striking ‘‘and’’ at the end of paragraph (7); 15 (2) by striking the period at the end of para- 16 graph (8) and inserting ‘‘; and’’; and 17 18 (3) by adding at the end the following new paragraph: 19 20 ‘‘(9) if any person identified in subparagraph 21 (A), (E), (F), or (G) of paragraph (3) is a registered 22 lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person is a reg- 23 24 istered lobbyist under such Act.’’. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

554 G:\P\16\HR1\INTRO.XML 554 NDE F M AKING I ERSONS - 1 ILED BY P EPORTS (b) R .—Section 304(c)(2) of such 2 XPENDITURES PENDENT E Act (52 U.S.C. 30104(c)(2)) is amended— 3 (1) by striking ‘‘and’’ at the end of subpara- 4 graph (B); 5 6 (2) by striking the period at the end of sub- paragraph (C) and inserting ‘‘; and’’; and 7 (3) by adding at the end the following new sub- 8 paragraph: 9 ‘‘(D) if the person filing the statement, or a 10 person whose identification is required to be dis- 11 12 closed under subparagraph (C), is a registered lob- byist under the Lobbying Disclosure Act of 1995, a 13 separate statement that such person is a registered 14 15 lobbyist under such Act.’’. (c) R EPORTS P ERSONS M AKING D IS - 16 ILED BY F E LECTIONEERING C OMMUNICA - 17 FOR BURSEMENTS .—Section 304(f)(2) of such Act (52 U.S.C. 18 TIONS 19 30104(f)(2)) is amended by adding at the end the fol- 20 lowing new subparagraph: ‘‘(G) If the person making the disburse- 21 ment, or a contributor described in subpara- 22 23 graph (E) or (F), is a registered lobbyist under 24 the Lobbying Disclosure Act of 1995, a sepa- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

555 G:\P\16\HR1\INTRO.XML 555 rate statement that such person or contributor 1 2 is a registered lobbyist under such Act.’’. (d) R STABLISH OMMISSION TO INK TO E 3 EQUIRING C L W LERK OF H OUSE AND S ECRETARY OF EBSITES OF 4 C S 5 ENATE .—Section 304 of such Act (52 U.S.C. 30104), 6 as amended by section 4308(a), is amended by adding at the end the following new subsection: 7 ‘‘(k) R NFORMATION ON EQUIRING EGISTERED 8 I R L B E L INKED TO W EBSITES OF C LERK OF 9 OBBYISTS TO H OUSE AND S ENATE .— 10 S ECRETARY OF ‘‘(1) L .—The Commission INKS TO WEBSITES 11 shall ensure that the Commission’s public database 12 containing information described in paragraph (2) is 13 14 linked electronically to the websites maintained by 15 the Secretary of the Senate and the Clerk of the House of Representatives containing information 16 filed pursuant to the Lobbying Disclosure Act of 17 18 1995. ‘‘(2) I NFORMATION DESCRIBED 19 .—The informa- tion described in this paragraph is each of the fol- 20 lowing: 21 ‘‘(A) Information disclosed under para- 22 23 graph (9) of subsection (b). 24 ‘‘(B) Information disclosed under subpara- graph (D) of subsection (c)(2). 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

556 G:\P\16\HR1\INTRO.XML 556 ‘‘(C) Information disclosed under subpara- 1 2 graph (G) of subsection (f)(2).’’. SEC. 9203. EFFECTIVE DATE. 3 4 The amendments made by this subtitle shall apply with respect to reports required to be filed under the Fed- 5 6 eral Election Campaign Act of 1971 on or after the expira- tion of the 90-day period which begins on the date of the 7 enactment of this Act. 8 9 Subtitle D—Access to Congressionally Mandated Reports 10 SEC. 9301. SHORT TITLE. 11 12 This subtitle may be cited as the ‘‘Access to Congres- sionally Mandated Reports Act’’. 13 14 SEC. 9302. DEFINITIONS. 15 In this subtitle: (1) C .— 16 ONGRESSIONALLY MANDATED REPORT The term ‘‘congressionally mandated report’’— 17 18 (A) means a report that is required to be submitted to either House of Congress or any 19 20 committee of Congress, or subcommittee there- 21 of, by a statute, resolution, or conference report that accompanies legislation enacted into law; 22 and 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

557 G:\P\16\HR1\INTRO.XML 557 (B) does not include a report required 1 2 under part B of subtitle II of title 36, United States Code. 3 (2) D IRECTOR 4 .—The term ‘‘Director’’ means the Director of the Government Publishing Office. 5 (3) F 6 EDERAL AGENCY .—The term ‘‘Federal agency’’ has the meaning given that term under sec- 7 tion 102 of title 40, United States Code, but does 8 9 not include the Government Accountability Office. (4) O .—The term ‘‘open format’’ 10 PEN FORMAT means a file format for storing digital data based on 11 an underlying open standard that— 12 13 (A) is not encumbered by any restrictions that would impede reuse; and 14 15 (B) is based on an underlying open data 16 standard that is maintained by a standards or- 17 ganization. (5) R .—The term ‘‘re- 18 EPORTS ONLINE PORTAL ports online portal’’ means the online portal estab- 19 lished under section (3)(a). 20 21 SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CON- GRESSIONALLY MANDATED REPORTS. 22 (a) R T O E STABLISH O NLINE P OR - 23 EQUIREMENT .— 24 TAL g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

558 G:\P\16\HR1\INTRO.XML 558 .—Not later than 1 year after 1 N GENERAL (1) I the date of enactment of this Act, the Director shall 2 3 establish and maintain an online portal accessible by the public that allows the public to obtain electronic 4 5 copies of all congressionally mandated reports in one place. The Director may publish other reports on the 6 online portal. 7 (2) E .—To the extent XISTING FUNCTIONALITY 8 9 possible, the Director shall meet the requirements under paragraph (1) by using existing online portals 10 11 and functionality under the authority of the Direc- tor. 12 (3) C .—In carrying out this sub- 13 ONSULTATION 14 title, the Director shall consult with the Clerk of the 15 House of Representatives, the Secretary of the Sen- ate, and the Librarian of Congress regarding the re- 16 quirements for and maintenance of congressionally 17 mandated reports on the reports online portal. 18 (b) C UNCTION .—The Director shall 19 F ONTENT AND 20 ensure that the reports online portal includes the fol- 21 lowing: 22 (1) Subject to subsection (c), with respect to each congressionally mandated report, each of the 23 24 following: g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

559 G:\P\16\HR1\INTRO.XML 559 (A) A citation to the statute, conference 1 2 report, or resolution requiring the report. (B) An electronic copy of the report, in- 3 4 cluding any transmittal letter associated with the report, in an open format that is platform 5 6 independent and that is available to the public without restrictions, including restrictions that 7 would impede the re-use of the information in 8 9 the report. (C) The ability to retrieve a report, to the 10 extent practicable, through searches based on 11 12 each, and any combination, of the following: (i) The title of the report. 13 14 (ii) The reporting Federal agency. 15 (iii) The date of publication. 16 (iv) Each congressional committee re- ceiving the report, if applicable. 17 (v) The statute, resolution, or con- 18 ference report requiring the report. 19 20 (vi) Subject tags. (vii) A unique alphanumeric identifier 21 22 for the report that is consistent across re- 23 port editions. (viii) The serial number, Super- 24 intendent of Documents number, or other 25 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

560 G:\P\16\HR1\INTRO.XML 560 identification number for the report, if ap- 1 2 plicable. (ix) Key words. 3 4 (x) Full text search. (xi) Any other relevant information 5 6 specified by the Director. (D) The date on which the report was re- 7 quired to be submitted, and on which the report 8 9 was submitted, to the reports online portal. (E) Access to the report not later than 30 10 calendar days after its submission to Congress. 11 12 (F) To the extent practicable, a permanent means of accessing the report electronically. 13 14 (2) A means for bulk download of all congres- 15 sionally mandated reports. 16 (3) A means for downloading individual reports as the result of a search. 17 (4) An electronic means for the head of each 18 19 Federal agency to submit to the reports online por- tal each congressionally mandated report of the 20 21 agency, as required by section 4. 22 (5) In tabular form, a list of all congressionally mandated reports that can be searched, sorted, and 23 downloaded by— 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

561 G:\P\16\HR1\INTRO.XML 561 (A) reports submitted within the required 1 2 time; (B) reports submitted after the date on 3 4 which such reports were required to be sub- mitted; and 5 (C) reports not submitted. 6 (c) N EDERAL A GENCIES ONCOMPLIANCE BY 7 F .— (1) R 8 EPORTS NOT SUBMITTED .—If a Federal 9 agency does not submit a congressionally mandated report to the Director, the Director shall to the ex- 10 tent practicable— 11 (A) include on the reports online portal— 12 13 (i) the information required under 14 clauses (i), (ii), (iv), and (v) of subsection 15 (b)(1)(C); and (ii) the date on which the report was 16 required to be submitted; and 17 (B) include the congressionally mandated 18 19 report on the list described in subsection (b)(5)(C). 20 (2) R .—If a Fed- 21 EPORTS NOT IN OPEN FORMAT 22 eral agency submits a congressionally mandated re- 23 port that is not in an open format, the Director shall include the congressionally mandated report in an- 24 25 other format on the reports online portal. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

562 G:\P\16\HR1\INTRO.XML 562 A 1 CCESS REE .—The Director may not charge a (d) F fee, require registration, or impose any other limitation 2 3 in exchange for access to the reports online portal. (e) U .—The reports online por- PGRADE C APABILITY 4 5 tal shall be enhanced and updated as necessary to carry out the purposes of this subtitle. 6 7 SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES. (a) S - C OPIES OF R E LECTRONIC 8 UBMISSION OF E .—Concurrently with the submission to Congress of 9 PORTS 10 each congressionally mandated report, the head of the 11 Federal agency submitting the congressionally mandated 12 report shall submit to the Director the information re- quired under subparagraphs (A) through (D) of section 13 3(b)(1) with respect to the congressionally mandated re- 14 port. Nothing in this subtitle shall relieve a Federal agen- 15 cy of any other requirement to publish the congressionally 16 17 mandated report on the online portal of the Federal agen- cy or otherwise submit the congressionally mandated re- 18 port to Congress or specific committees of Congress, or 19 20 subcommittees thereof. (b) G UIDANCE 21 .—Not later than 240 days after the date of enactment of this Act, the Director of the Office 22 of Management and Budget, in consultation with the Di- 23 24 rector, shall issue guidance to agencies on the implementa- 25 tion of this Act. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

563 G:\P\16\HR1\INTRO.XML 563 S EPORT D ATA .— 1 UBMITTED TRUCTURE OF R (c) S 2 The head of each Federal agency shall ensure that each 3 congressionally mandated report submitted to the Director complies with the open format criteria established by the 4 Director in the guidance issued under subsection (b). 5 (d) P ONTACT OINT OF 6 C .—The head of each Federal 7 agency shall designate a point of contact for congression- ally mandated report. 8 (e) L IST OF R EPORTS .—As soon as practicable each 9 10 calendar year (but not later than April 1), and on a rolling 11 basis during the year if feasible, the Librarian of Congress 12 shall submit to the Director a list of congressionally man- dated reports from the previous calendar year, in consulta- 13 tion with the Clerk of the House of Representatives, which 14 shall— 15 (1) be provided in an open format; 16 17 (2) include the information required under clauses (i), (ii), (iv), (v) of section 3(b)(1)(C) for 18 19 each report; 20 (3) include the frequency of the report; 21 (4) include a unique alphanumeric identifier for the report that is consistent across report editions; 22 (5) include the date on which each report is re- 23 24 quired to be submitted; and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

564 G:\P\16\HR1\INTRO.XML 564 (6) be updated and provided to the Director, as 1 2 necessary. SEC. 9305. REMOVING AND ALTERING REPORTS. 3 4 A report submitted to be published to the reports on- line portal may only be changed or removed, with the ex- 5 6 ception of technical changes, by the head of the Federal agency concerned if— 7 (1) the head of the Federal agency consults 8 with each congressional committee to which the re- 9 port is submitted; and 10 11 (2) Congress enacts a joint resolution author- izing the changing or removal of the report. 12 13 SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMA- TION ACT. 14 (a) I G N 15 ENERAL .—Nothing in this subtitle shall be 16 construed to— (1) require the disclosure of information or 17 records that are exempt from public disclosure under 18 section 552 of title 5, United States Code; or 19 20 (2) to impose any affirmative duty on the Di- 21 rector to review congressionally mandated reports 22 submitted for publication to the reports online portal for the purpose of identifying and redacting such in- 23 24 formation or records. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

565 G:\P\16\HR1\INTRO.XML 565 I 1 NFORMATION EDACTION OF .—The head of a (b) R 2 Federal agency may redact information required to be dis- 3 closed under this Act if the information would be properly 4 withheld from disclosure under section 552 of title 5, United States Code, and shall— 5 (1) redact information required to be disclosed 6 under this subtitle if disclosure of such information 7 is prohibited by law; 8 9 (2) redact information being withheld under this subsection prior to submitting the information 10 11 to the Director; (3) redact only such information properly with- 12 13 held under this subsection from the submission of 14 information or from any congressionally mandated 15 report submitted under this subtitle; (4) identify where any such redaction is made 16 in the submission or report; and 17 (5) identify the exemption under which each 18 19 such redaction is made. SEC. 9307. IMPLEMENTATION. 20 21 Except as provided in section 9304(b), this subtitle 22 shall be implemented not later than 1 year after the date of enactment of this Act and shall apply with respect to 23 congressionally mandated reports submitted to Congress 24 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

566 G:\P\16\HR1\INTRO.XML 566 on or after the date that is 1 year after such date of enact- 1 2 ment. Subtitle E—Severability 3 4 SEC. 9401. SEVERABILITY. If any provision of this title or amendment made by 5 6 this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitu- 7 tional, the remainder of this title and amendments made 8 9 by this title, and the application of the provisions and amendment to any person or circumstance, shall not be 10 affected by the holding. 11 12 TITLE X—PRESIDENTIAL AND VICE PRESIDENTIAL TAX 13 14 TRANSPARENCY Sec. 10001. Presidential and Vice Presidential tax transparency. SECTION 10001. PRESIDENTIAL AND VICE PRESIDENTIAL 15 TAX TRANSPARENCY. 16 (a) D EFINITIONS .—In this section— 17 (1) The term ‘‘covered candidate’’ means a can- 18 didate of a major party in a general election for the 19 20 office of President or Vice President. 21 (2) The term ‘‘major party’’ has the meaning given the term in section 9002 of the Internal Rev- 22 enue Code of 1986. 23 g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

567 G:\P\16\HR1\INTRO.XML 567 (3) The term ‘‘income tax return’’ means, with 1 2 respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Rev- 3 4 enue Code of 1986) of such individual other than— 5 (A) information returns issued to persons 6 other than such individual, and (B) declarations of estimated tax. 7 8 (4) The term ‘‘Secretary’’ means the Secretary of the Treasury or the delegate of the Secretary. 9 (b) D 10 ISCLOSURE .— (1) I .— N GENERAL 11 (A) C ANDIDATES FOR PRESIDENT AND 12 .—Not later than the date that 13 VICE PRESIDENT 14 is 15 days after the date on which an individual 15 becomes a covered candidate, the individual shall submit to the Federal Election Commis- 16 sion a copy of the individual’s income tax re- 17 turns for the 10 most recent taxable years for 18 19 which a return has been filed with the Internal Revenue Service. 20 (B) P .— 21 RESIDENT AND VICE PRESIDENT 22 With respect to each taxable year for an indi- 23 vidual who is the President or Vice President, not later than the due date for the return of tax 24 25 for the taxable year, such individual shall sub- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

568 G:\P\16\HR1\INTRO.XML 568 mit to the Federal Election Commission a copy 1 2 of the individual’s income tax returns for the taxable year and for the 9 preceding taxable 3 4 years. (C) T RANSITION RULE FOR SITTING PRESI - 5 6 .—Not later than DENTS AND VICE PRESIDENTS the date that is 30 days after the date of enact- 7 8 ment of this section, an individual who is the President or Vice President on such date of en- 9 actment shall submit to the Federal Election 10 Commission a copy of the income tax returns 11 for the 10 most recent taxable years for which 12 a return has been filed with the Internal Rev- 13 14 enue Service. (2) F AILURE TO DISCLOSE .—If any require- 15 16 ment under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Elec- 17 tion Commission shall submit to the Secretary a 18 written request that the Secretary provide the Fed- 19 20 eral Election Commission with the income tax re- turn. 21 (3) P .—The chairman of 22 UBLICLY AVAILABLE the Federal Election Commission shall make publicly 23 available each income tax return submitted under 24 25 paragraph (1) in the same manner as a return pro- g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

569 G:\P\16\HR1\INTRO.XML 569 vided under section 6103(l)(23) of the Internal Rev- 1 2 enue Code of 1986 (as added by this section). (4) T 3 REATMENT AS A REPORT UNDER THE .—For 4 FEDERAL ELECTION CAMPAIGN ACT OF 1971 5 purposes of the Federal Election Campaign Act of 1971, any income tax return submitted under para- 6 7 graph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by 8 this section) shall, after redaction under paragraph 9 10 (3) or subparagraph (B)(ii) of such section, be treat- ed as a report filed under the Federal Election Cam- 11 paign Act of 1971. 12 (c) D ETURNS OF ISCLOSURE OF RESIDENTS AND 13 R P V P RESIDENTS AND C ERTAIN C ANDIDATES FOR 14 ICE P RESIDENT AND P RESIDENT .— 15 V ICE (1) I .—Section 6103(l) of the Inter- N GENERAL 16 nal Revenue Code of 1986 is amended by adding at 17 18 the end the following new paragraph: ‘‘(23) D ISCLOSURE OF RETURN INFORMATION 19 - 20 OF PRESIDENTS AND VICE PRESIDENTS AND CER - 21 TAIN CANDIDATES FOR PRESIDENT AND VICE PRESI DENT .— 22 ‘‘(A) I N GENERAL .—Upon written request 23 24 by the chairman of the Federal Election Com- 25 mission under section 10001(b)(2) of the For g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

570 G:\P\16\HR1\INTRO.XML 570 the People Act of 2019, the Secretary shall pro- 1 2 vide copies of any return which is so requested to officers and employees of the Federal Elec- 3 4 tion Commission whose official duties require 5 access to such return under this paragraph. ‘‘(B) D 6 ISCLOSURE TO THE PUBLIC .— ‘‘(i) I N GENERAL .—The chairman of 7 8 the Federal Election Commission shall make publicly available any return which is 9 provided under subparagraph (A). 10 ‘‘(ii) R EDACTION OF CERTAIN INFOR - 11 .—Before making publicly available 12 MATION 13 under clause (i) any return, the chairman 14 of the Federal Election Commission shall 15 redact such information as the Federal Election Commission and the Secretary 16 jointly determine is necessary for pro- 17 tecting against identity theft, such as so- 18 19 cial security numbers.’’. (2) C AMENDMENTS .—Section 20 ONFORMING 21 6103(p)(4) of such Code is amended— 22 (A) in the matter preceding subparagraph (A) by striking ‘‘or (22)’’ and inserting ‘‘(22), 23 24 or (23)’’, and g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) TAL\7.0\GEN\C\INTRO.XML VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME

571 G:\P\16\HR1\INTRO.XML 571 1 (B) in subparagraph (F)(ii) by striking ‘‘or (22)’’ and inserting ‘‘(22), or (23)’’. 2 (3) E FFECTIVE DATE .—The amendments made 3 4 by this subsection shall apply to disclosures made on 5 or after the date of enactment of this Act. g:\VHLC\010319\010319.125.xml (711179|6) January 3, 2019 (11:26 a.m.) VerDate Nov 24 2008 11:26 Jan 03, 2019 Jkt 000000 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XME TAL\7.0\GEN\C\INTRO.XML

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