Congressional Record, Senate, June 25, 2020 — Amendments to S. 4049
Summary
Page S3433 of the Senate section of the Congressional Record for June 25, 2020, printing text of amendments to S. 4049, the bill to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense. One provision says a person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. Another requires the Attorney General to publish written procedures and standards for corrective action not later than 180 days after enactment. Title IV, Sec. 401 addresses effective dates, and a later section amends section 202 of the Help America Vote Act of 2002.
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“Congressional Record, Senate, June 25, 2020 — Amendments to S. 4049.”
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3433
from voting, registering to vote, or aiding ally false information has been or is being (ii) Any information concerning an ongo-
another person to vote or register to vote in communicated; and ing investigation.
an election described in subsection (e). (B) shall not be designed to favor or dis- (iii) Any information concerning a crimi-
‘‘(2) PENALTY.—Any person who violates favor any particular candidate, organization, nal or civil proceeding conducted under seal.
paragraph (1) shall be fined not more than or political party. (iv) Any other nonpublic information that
$100,000, imprisoned for not more than 5 (b) WRITTEN PROCEDURES AND STANDARDS the Attorney General determines the disclo-
years, or both. FOR TAKING CORRECTIVE ACTION.— sure of which could reasonably be expected
‘‘(d) ATTEMPT.—Any person who attempts (1) IN GENERAL.—Not later than 180 days to infringe on the rights of any individual or
to commit any offense described in sub- after the date of enactment of this Act, the adversely affect the integrity of a pending or
section (a), (b)(1), or (c)(1) shall be subject to Attorney General shall publish written pro- future criminal investigation.
the same penalties as those prescribed for cedures and standards for determining when (c) REPORT MADE PUBLIC.—On the date
the offense that the person attempted to and how corrective action will be taken that the Attorney General submits the re-
commit. under this section. port under subsection (a), the Attorney Gen-
‘‘(e) ELECTION DESCRIBED.—An election de- (2) INCLUSION OF APPROPRIATE DEADLINES.— eral shall also make the report publicly
scribed in this subsection is any general, pri- The procedures and standards under para- available through the internet and other ap-
mary, run-off, or special election held solely graph (1) shall include appropriate deadlines, propriate means.
or in part for the purpose of nominating or based in part on the number of days remain- TITLE IV—MISCELLANEOUS PROVISIONS
electing a candidate for the office of Presi- ing before the upcoming election. SEC. 401. EFFECTIVE DATES OF PROVISIONS.
dent, Vice President, presidential elector, (3) CONSULTATION.—In developing the pro- Each provision of this division and each
Member of the Senate, Member of the House cedures and standards under paragraph (1), amendment made by a provision of this divi-
of Representatives, or Delegate or Commis- the Attorney General shall consult with the sion shall take effect on the effective date
sioner from a Territory or possession.’’. Election Assistance Commission, State and provided under this division for such provi-
(2) MODIFICATION OF PENALTY FOR VOTER IN- local election officials, civil rights organiza- sion or such amendment without regard to
TIMIDATION.—Section 594(a) of title 18, United tions, voting rights groups, voter protection whether or not the Federal Election Com-
States Code, as amended by paragraph (1), is groups, and other interested community or- mission, the Attorney General, or any other
amended by striking ‘‘fined under this title ganizations. person has promulgated regulations to carry
or imprisoned not more than one year’’ and (c) AUTHORIZATION OF APPROPRIATIONS.— out such provision or such amendment.
inserting ‘‘fined not more than $100,000, im- There are authorized to be appropriated to
SEC. 402. SEVERABILITY.
prisoned for not more than 5 years’’. the Attorney General such sums as may be
If any provision of this division or any
(3) SENTENCING GUIDELINES.— necessary to carry out this subtitle.
amendment made by this division, or the ap-
(A) REVIEW AND AMENDMENT.—Not later SEC. 314. REPORTS TO CONGRESS.
plication of a provision of this division or an
than 180 days after the date of enactment of (a) IN GENERAL.—Not later than 180 days amendment made by this division to any per-
this Act, the United States Sentencing Com- after each general election for Federal office, son or circumstance, is held to be unconsti-
mission, pursuant to its authority under sec- the Attorney General shall submit to Con- tutional, the remainder of this division, and
tion 994 of title 28, United States Code, and gress a report compiling all allegations re- the application of the provisions to any per-
in accordance with this section, shall review ceived by the Attorney General of deceptive son or circumstance, shall not be affected by
and, if appropriate, amend the Federal sen- practices described in paragraphs (2), (3), and the holding.
tencing guidelines and policy statements ap- (4) of section 2004(b) of the Revised Statutes
plicable to persons convicted of any offense (52 U.S.C. 10101(b)), as added by section SA 1950. Ms. KLOBUCHAR (for her-
under section 594 of title 18, United States 312(a), relating to the general election for
Code, as amended by this section. self and Mr. WYDEN) submitted an
Federal office and any primary, run-off, or a
(B) AUTHORIZATION.—The United States amendment intended to be proposed by
special election for Federal office held in the
Sentencing Commission may amend the Fed- 2 years preceding the general election. her to the bill S. 4049, to authorize ap-
eral Sentencing Guidelines in accordance (b) CONTENTS.— propriations for fiscal year 2021 for
with the procedures set forth in section 21(a) (1) IN GENERAL.—Each report submitted military activities of the Department
of the Sentencing Act of 1987 (28 U.S.C. 994 under subsection (a) shall include— of Defense, for military construction,
note) as though the authority under that (A) a description of each allegation of a de- and for defense activities of the De-
section had not expired. ceptive practice described in subsection (a), partment of Energy, to prescribe mili-
(4) PAYMENTS FOR REFRAINING FROM VOT- including the geographic location, racial and
ING.—Subsection (c) of section 11 of the Vot-
tary personnel strengths for such fiscal
ethnic composition, and language minority-
ing Rights Act of 1965 (52 U.S.C. 10307) is year, and for other purposes; which was
group membership of the persons toward
amended by striking ‘‘either for registration whom the alleged deceptive practice was di- ordered to lie on the table; as follows:
to vote or for voting’’ and inserting ‘‘for reg- rected; At the end, add the following:
istration to vote, for voting, or for not vot- (B) the status of the investigation of each DIVISION E—NATIONAL DISASTER AND
ing’’. allegation described in subparagraph (A); EMERGENCY BALLOT ACT
SEC. 313. CORRECTIVE ACTION. (C) a description of each corrective action SEC. 101. SHORT TITLE.
(a) CORRECTIVE ACTION.— taken by the Attorney General under section This division may be cited as the ‘‘Natural
(1) IN GENERAL.—If the Attorney General 4(a) in response to an allegation described in Disaster and Emergency Ballot Act of 2020’’.
receives a credible report that materially subparagraph (A); SEC. 102. REQUIREMENTS FOR FEDERAL ELEC-
false information has been or is being com- (D) a description of each referral of an alle- TION CONTINGENCY PLANS IN RE-
municated in violation of paragraphs (2) and gation described in subparagraph (A) to SPONSE TO NATURAL DISASTERS
(3) of section 2004(b) of the Revised Statutes other Federal, State, or local agencies; AND EMERGENCIES.
(52 U.S.C. 10101(b)), as added by section (E) to the extent information is available, (a) IN GENERAL.—
312(a), and if the Attorney General deter- a description of any civil action instituted (1) ESTABLISHMENT.—Not later than 30 days
mines that State and local election officials under section 2004(c)(2) of the Revised Stat- after the date of the enactment of this Act,
have not taken adequate steps to promptly utes (52 U.S.C. 10101(c)(2)), as added by sec- each State and jurisdiction shall establish
communicate accurate information to cor- tion 312(b), in connection with an allegation and make publicly available a contingency
rect the materially false information, the described in subparagraph (A); and plan to enable qualified individuals (as de-
Attorney General shall, pursuant to the (F) a description of any criminal prosecu- fined in section 322(b) of the Help America
written procedures and standards under sub- tion instituted under section 594 of title 18, Vote Act of 2002, as added by section 105(a),
section (b), communicate to the public, by United States Code, as amended by section to vote in elections for Federal office during
any means, including by means of written, 3(c), in connection with the receipt of an al- a state of emergency, public health emer-
electronic, or telephonic communications, legation described in subparagraph (A) by gency, or national emergency which has been
accurate information designed to correct the the Attorney General. declared for reasons including, but not lim-
materially false information. (2) EXCLUSION OF CERTAIN INFORMATION.— ited to—
(2) COMMUNICATION OF CORRECTIVE INFORMA- (A) IN GENERAL.—The Attorney General (A) a natural disaster; or
TION.—Any information communicated by shall not include in a report submitted under (B) an infectious disease.
the Attorney General under paragraph (1)— subsection (a) any information protected (2) UPDATING.—Each State and jurisdiction
(A) shall— from disclosure by rule 6(e) of the Federal shall update the contingency plan estab-
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(i) be accurate and objective; Rules of Criminal Procedure or any Federal lished under this subsection not less fre-
(ii) consist of only the information nec- criminal statute. quently than every 5 years.
essary to correct the materially false infor- (B) EXCLUSION OF CERTAIN OTHER INFORMA- (b) REQUIREMENTS RELATING TO SAFETY.—
mation that has been or is being commu- TION.—The Attorney General may determine (1) IN GENERAL.—The contingency plan es-
nicated; and that the following information shall not be tablished under subsection (a) shall include
(iii) to the extent practicable, be by a included in a report submitted under sub- initiatives to provide equipment and re-
means that the Attorney General determines section (a): sources needed to protect the health and
will reach the persons to whom the materi- (i) Any information that is privileged. safety of voters, pollworkers, and election
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S3434 CONGRESSIONAL RECORD — SENATE June 25, 2020
workers when voting in person or by mail Virgin Islands, and the Commonwealth of fice. Such standards shall include the non-
and throughout the election process, which the Northern Mariana Islands. discriminatory geographic placement of poll-
shall include— (g) ENFORCEMENT.— ing places at which such voting occurs.
(A) the procurement and use of personal (1) ATTORNEY GENERAL.—The Attorney ‘‘(B) DEVIATION.—The standards described
protective equipment, sanitizing supplies General may bring a civil action against any in subparagraph (A) shall permit States,
and equipment, disinfecting supplies and State or jurisdiction in an appropriate upon providing adequate public notice, to de-
equipment, disposable voting equipment, and United States District Court for such declar- viate from any requirement in the case of
the implementation of personal distancing atory and injunctive relief (including a tem- unforeseen circumstances such as a natural
guidelines; and porary restraining order, a permanent or disaster, terrorist attack, or a change in
(B) the use or implementation of any other temporary injunction, or other order) as may voter turnout.
equipment and protocols which health ex- be necessary to carry out the requirements ‘‘(c) VOTING BY MAIL.—Voting by mail
perts have determined will protect the of this section. meets the requirements of this subsection
health and safety of voters, pollworkers, and (2) PRIVATE RIGHT OF ACTION.— if—
election workers. (A) IN GENERAL.—In the case of a violation ‘‘(1) the State does not require an excuse in
(2) MINIMUM PROTOCOLS.—The contingency of this section, any person who is aggrieved order to obtain and cast a ballot by mail for
plan established under subsection (a) shall by such violation may provide written notice any election for Federal office;
include plans to implement relevant Centers of the violation to the chief election official ‘‘(2) the State makes ballot drop-off boxes
for Disease Control and Prevention guidance of the State involved. available at least 45 days prior to the date of
to protect the safety of voters, pollworkers, (B) RELIEF.—If the violation is not cor- an election for Federal office and up until
and election workers throughout the en- rected within 20 days after receipt of a notice the close of polls on the date of the election
tirety of the election process. under subparagraph (A), or within 5 days and ensures that such ballot drop-off boxes
(c) REQUIREMENTS RELATING TO RECRUIT- after receipt of the notice if the violation oc- are—
MENT OF POLL WORKERS.—The contingency curred within 120 days before the date of an ‘‘(A) available to all voters on a non-dis-
plan established under subsection (a) shall election for Federal office, the aggrieved per- criminatory basis;
include initiatives by the chief State elec- son may, in a civil action, obtain declaratory ‘‘(B) accessible to voters with disabilities;
tion official and local election officials to re- or injunctive relief with respect to the viola- ‘‘(C) accessible—
cruit poll workers for the November, 2020, tion. ‘‘(i) by public transportation; and
general election and subsequent elections (C) SPECIAL RULE.—If the violation oc- ‘‘(ii) during all hours of the day; and
from resilient or unaffected populations, curred within 5 days before the date of an ‘‘(D) sufficiently available in all commu-
which may include— election for Federal office, the aggrieved per- nities in the State, including rural commu-
(1) other State and local government of- nities and on Tribal lands;
son need not provide notice to the chief elec-
fices; ‘‘(3) the State permits any eligible voter to
tion official of the State involved under sub-
(2) high schools and colleges in the State submit an online request for an absentee bal-
paragraph (A) before bringing a civil action
for the November, 2020, general election and lot to vote in an election for Federal office,
under subparagraph (B).
in subsequent elections for Federal office in which requirement is satisfied if the local,
SEC. 103. REQUIREMENT TO ALLOW FOR EARLY
the case where an infectious disease poses county, or State election official’s website
VOTING AND NO-EXCUSE ABSENTEE
significant increased health risks to elderly VOTING. allows an absentee ballot request application
individuals and affects an election for Fed- to be completed and submitted online and
(a) REQUIREMENTS.—Title III of the Help
eral office; and if—
America Vote Act of 2002 (52 U.S.C. 21081) is
(3) work-eligible non-citizens to satisfy the ‘‘(A) an absentee ballot request application
amended by adding at the end the following
need for bilingual poll workers, where lan- to be printed for the voter to complete and
new subtitle:
guage assistance is required by law. mail; or
‘‘Subtitle C—Additional Requirements ‘‘(B) a voter is able to submit an online re-
(d) REQUIREMENTS RELATING TO PUBLIC
EDUCATION AND INFORMATION CAMPAIGNS.— ‘‘SEC. 321. AVAILABILITY OF EARLY VOTING AND quest via the internet to have a hard-copy
VOTING BY MAIL. absentee ballot request application mailed or
The contingency plan established under sub-
section (a) shall include initiatives by the ‘‘(a) IN GENERAL.—Each State and jurisdic- e-mailed to them to complete and mail;
chief State election official and local elec- tion shall, with respect to the 2020 general ‘‘(4) the State sends an absentee ballot to
tion officials to inform the public of all vot- election occurring on November 3, 2020, and vote in an election for Federal office in the
ing options and election dates and counter each subsequent election for Federal office— State by mail to any eligible voter that sub-
any misinformation about voting options ‘‘(1) allow individuals to vote in such elec- mits a request for such a ballot and that re-
and election dates. tion prior to the date of the election quest is received by the appropriate election
(e) PLAN FOR VOTERS TO BE ABLE TO RE- through— office on or before the date that is 5 days,
QUEST ABSENTEE BALLOTS ONLINE AND VOTE ‘‘(A) early voting which meets the require- not including weekend days, before the date
BY MAIL.—The contingency plan established ments of subsection (b); and of such election, except that nothing in this
under subsection (a) shall permit all individ- ‘‘(B) voting by mail which meets the re- paragraph shall preclude a State or local ju-
uals who are registered to vote to— quirements of subsection (c); risdiction from allowing for the acceptance
(1) submit an online request for an absen- ‘‘(2) publicize the details of any voting al- and processing of ballot requests submitted
tee ballot, which requirement is satisfied if lowed under paragraph (1); or received after such required period;
the local, county, or State election official’s ‘‘(3) comply with the absentee voting re- ‘‘(5) the State permits any eligible voter to
website allows an absentee ballot request ap- quirements of subsection (d); have the option to request an absentee ballot
plication to be completed and submitted on- ‘‘(4) comply with the ballot processing and for subsequent elections on all absentee bal-
line and— screening requirements of subsection (e); and lot requests;
(A) an absentee ballot request application ‘‘(5) when applicable, comply with the spe- ‘‘(6) the State does not require any form of
to be printed for the voter to complete and cial rules in case of emergency periods under identification for an absentee ballot request;
mail; or subsection (f). ‘‘(7) the State does not include any require-
(B) a voter to submit an online request for ‘‘(b) EARLY VOTING.— ments for notarization or witness signature
a hard copy absentee ballot request applica- ‘‘(1) IN GENERAL.—Early voting meets the or other formal authentication (other than
tion to be mailed or emailed to the voter to requirements of this subsection if— voter attestation);
complete and mail; ‘‘(A) such voting occurs— ‘‘(8) the State allows a voter to sign a
(2) return completed absentee ballot re- ‘‘(i) for a 20-day period preceding the date voter attestation on a ballot by providing a
quests to designated drop off boxes which are of the election so that such days constitute mark or signature stamp or by providing a
accessible to all voters on a nondiscrim- consecutive weekdays and include at least signature with the use of an assistant due to
inatory basis, including voters with disabil- one weekend, which period may end on a age, self-certified disability, or other need;
ities, accessible by public transportation, ac- date chosen by the chief election official of ‘‘(9) the State permits voters to submit an
cessible during all hours of the day, and such the State that is between the date of the absentee ballot by dropping it off at des-
contingency plan shall ensure that there are election and 4 days preceding such date; and ignated locations before the close of polls on
sufficient drop boxes in all communities, in- ‘‘(ii) for no less than 10 hours on each of the date of the election, including at any
cluding rural communities; the 20 days such early voting occurs; and polling location on the date of the election
(3) cast a vote in elections for Federal of- ‘‘(B) each early voting location in the before the close of polls;
State makes ballot drop-off boxes available ‘‘(10) the State—
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fice by mail; and
(4) return completed absentee ballots by consistent with section (c)(2) for voters to ‘‘(A) permits a voter to designate any per-
dropping them off at designated locations be- submit their voted and sealed absentee bal- son to return a voted and sealed absentee
fore the close of polls on the date of the elec- lots. ballot to the post office, a ballot drop-off lo-
tion. ‘‘(2) STANDARDS.— cation, tribally designated building, or elec-
(f) STATE.—For purposes of this section, ‘‘(A) IN GENERAL.—The Election Assistance tion office and that such person designated
the term ‘‘State’’ includes the District of Co- Commission shall issue standards for the ad- to return an absentee ballot shall not receive
lumbia, the Commonwealth of Puerto Rico, ministration of voting in-person prior to the any form of compensation based on the num-
Guam, American Samoa, the United States scheduled date of an election for Federal of- ber of ballots that the person has returned
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3435
and no individual, group, or organization before the date of the election and ends 30 20301 et seq.) is amended by inserting after
shall provide compensation on this basis; or days before the date of the election. section 103B the following new section:
‘‘(B) does not put any limits on how many ‘‘(4) APPLICATION TO NOVEMBER 2020 GENERAL ‘‘SEC. 103C. USE OF DOWNLOADABLE AND PRINT-
voted and sealed absentee ballots any des- ELECTION.—Because of the public health ABLE ABSENTEE BALLOTS PRO-
ignated person can return to the post office, emergency declared pursuant to section 319 VIDED UNDER UOCAVA FOR VOTERS
a ballot drop off location, tribally designated WITH DISABILITIES AND THOSE WHO
of the Public Health Service Act (42 5 U.S.C.
HAVE NOT RECEIVED A BALLOT TO
building, or election office; 247d) resulting from the COVID–19 pandemic, VOTE IN 2020 GENERAL ELECTION
‘‘(11) the State permits any eligible voter the special rules set forth in this subsection AND SUBSEQUENT FEDERAL ELEC-
that submits a request for an absentee ballot shall apply with respect to the regularly TIONS UNTIL DOMESTIC
to vote in such election, but does not receive scheduled general election for Federal office DOWNLOADABLE AND PRINTABLE
their absentee ballot at least 2 days prior to held in November 2020 in each State. BALLOT PRESCRIBED BY EAC IS
election day to download and mark at home ‘‘(g) STATE.— For purposes of this section, AVAILABLE.
an absentee ballot provided by the State pur- the term ‘State’ includes the District of Co- ‘‘(a) IN GENERAL.—
suant to section 103C of the Uniformed Over- lumbia, the Commonwealth of Puerto Rico, ‘‘(1) STATE RESPONSIBILITIES.—Each State
seas Citizens Absentee Voting Act or section Guam, American Samoa, the United States shall, with respect to the 2020 general elec-
322 of this Act; and Virgin Islands, and the Commonwealth of tion occurring on November 3, 2020, and sub-
‘‘(12) the State ensures that any voting the Northern Mariana Islands.’’. sequent elections for Federal office (until
materials (as defined in section 203 of the (b) CONFORMING AMENDMENT RELATING TO such time as the Election Assistance Com-
Voting Right Act of 1965 (52 U.S.C. 10503)) ENFORCEMENT.—Section 401 of such Act (52 mission prescribes a domestic downloadable
provided for purposes of voting by mail, in- U.S.C. 21111) is amended by striking ‘‘and and printable ballot for use in elections for
cluding but not limited to ballots and voter 303’’ and inserting ‘‘303, and subtitle C of Federal office pursuant to section 297 of the
education materials, meet the language re- title III’’. Help America Vote Act of 2002), permit quali-
quirements under such section 203. (c) PRIVATE RIGHT OF ACTION.—Title IV of fied individuals to use downloadable and
‘‘(d) DEADLINE REQUIREMENTS.—The re- the Help America Vote Act of 2002 (52 U.S.C. printable absentee ballots transmitted by
quirements described in this subsection are 21111 et seq.) is amended by adding at the end the State in the same manner and under the
that a State shall count a ballot submitted the following new section: same terms and conditions under which the
by an individual by mail with respect to an State transmits such ballots to absent uni-
‘‘SEC. 403. PRIVATE RIGHT OF ACTION FOR VIO-
election for Federal office in the State— LATIONS OF NATURAL DISASTER
formed services voters and overseas voters
‘‘(1) if it is postmarked, signed, or other- AND EMERGENCY BALLOT ACT OF under the provisions of section 102(f) to vote
wise indicated by the United States Postal 2020. in such election.
Service to have been mailed on or before the ‘‘(a) IN GENERAL.—In the case of a viola- ‘‘(2) REQUIREMENTS.—Such downloadable
close of polls on the date of the election; and tion of subtitle C of title III, section 402 shall and printable absentee ballots—
‘‘(2) received by the appropriate State elec- not apply and any person who is aggrieved by ‘‘(A) must comply with the language re-
tion official on or before the date that is 10 such violation may provide written notice of quirements under section 203 of the Voting
days after the date of such election. the violation to the chief election official of Rights Act of 1965 (52 U.S.C. 10503); and
‘‘(e) BALLOT PROCESSING AND SCANNING RE- the State involved. ‘‘(B) must comply with the disability re-
QUIREMENTS.— ‘‘(b) RELIEF.—If the violation is not cor- quirements under section 508 of the Rehabili-
‘‘(1) IN GENERAL.—The requirement de- rected within 20 days after receipt of a notice tation Act of 1973 (29 U.S.C. 794d).
scribed in this subsection is that the State under subsection (a), or within 5 days after ‘‘(3) APPLICATION OF REQUIREMENTS.—The
begins processing and scanning ballots cast receipt of the notice if the violation occurred provisions of section 103 shall apply with re-
during early voting or through vote by mail within 120 days before the date of an election spect to the use of such downloadable and
for tabulation at least 14 days prior to elec- for Federal office, the aggrieved person may, printable absentee ballots by qualified indi-
tion day. in a civil action, obtain declaratory or in- viduals pursuant to this section in the same
‘‘(2) LIMITATION.—Nothing in this sub- junctive relief with respect to the violation. manner as such provisions apply with re-
section shall allow for the tabulation of bal- ‘‘(c) SPECIAL RULE.—(If the violation oc- spect to the use of such ballots by absent
lots before the close of polls on the date of curred within 5 days before the date of an uniformed services voters and overseas vot-
the election. election for Federal office, the aggrieved per- ers pursuant to section 103.
‘‘(f) SPECIAL RULES IN CASE OF EMERGENCY son need not provide notice to the chief elec- ‘‘(4) CLARIFICATION REGARDING FREE POST-
PERIODS.— tion official of the State involved under sub- AGE.—Such downloadable and printable ab-
‘‘(1) AUTOMATIC MAILING OF ABSENTEE BAL- section (a) before bringing a civil action sentee ballots of qualified individuals pursu-
LOTS TO ALL VOTERS.—If the area in which an ant to this section shall be considered bal-
under subsection (b).’’.
election is held is in an area in which an (d) CONFORMING AMENDMENT RELATING TO loting materials as defined in section 107 for
emergency or disaster which is described in VOLUNTARY GUIDANCE BY ELECTION ASSIST- purposes of section 3406 of title 39, United
subparagraph (A) or (B) of section 1135(g)(1) ANCE COMMISSION.—Section 311(b) of such Act States Code.
of the Social Security Act (42 U.S.C. 1320b– (52 U.S.C. 21101) is amended— ‘‘(5) PROHIBITING REFUSAL TO ACCEPT BAL-
5(g)(1)) is declared during the period de- (1) in paragraph (2), by striking ‘‘and’’; LOT FOR FAILURE TO MEET CERTAIN REQUIRE-
scribed in paragraph (3) not later than 2 (2) in paragraph (3), by striking the period MENTS.—A State shall not refuse to accept
weeks before the date of the election, the ap- at the end and inserting ‘‘; and’’; and and process any otherwise valid
propriate State or local election official (3) by adding at the end the following: downloadable and printable absentee ballot
shall transmit by mail absentee ballots and ‘‘(4) in the case of the recommendations submitted in any manner by a qualified indi-
balloting materials for the election to all in- with respect to subtitle C, 1 year after the vidual solely on the basis of the following:
dividuals who are registered to vote in such date of enactment of the Natural Disaster ‘‘(A) Notarization or witness signature re-
election or, in the case of any State that and Emergency Ballot Act of 2020.’’. quirements.
does not register voters, all individuals who (e) CLERICAL AMENDMENTS.—The table of ‘‘(B) Restrictions on paper type, including
are in the State’s central voter file (or if the contents of such Act is amended— weight and size.
State does not keep a central voter file, to (1) by inserting after the item relating to ‘‘(C) Restrictions on envelope type, includ-
all individuals who are eligible to vote in section 312 the following: ing weight and size.
such election) in a manner consistent with ‘‘(b) QUALIFIED INDIVIDUAL.—For purposes
all applicable laws, including section 203 of ‘‘Subtitle C—Additional Requirements of this section:
the Voting Right Act of 1965 (52 U.S.C. ‘‘Sec. 321. Availability of early voting and ‘‘(1) IN GENERAL.—Except as provided in
10503)). voting by mail.’’; and paragraph (2), the term ‘qualified individual’
‘‘(2) AFFIRMATION.—If an individual re- (2) by inserting after the item relating to means any individual who is otherwise quali-
ceives an absentee ballot from a State or section 402 the following: fied to vote in an election for Federal office
local election official pursuant to paragraph ‘‘Sec. 403. Private right of action for viola- and who—
(1) and returns the voted ballot to the offi- tions of Natural Disaster and ‘‘(A)(i) has requested an absentee ballot
cial, the ballot shall not be counted in the Emergency Ballot Act of 2020.’’. from the State or jurisdiction where such in-
election unless the individual includes with SEC. 104. USE OF DOWNLOADABLE AND PRINT- dividual is registered to vote; and
the ballot a signed affirmation that— ABLE ABSENTEE BALLOTS PRO- ‘‘(ii) has not received such absentee ballot
‘‘(A) the individual has not and will not VIDED BY STATES UNDER UOCAVA at least 2 days before the date of the elec-
cast another ballot with respect to the elec- FOR VOTERS WITH DISABILITIES tion;
SSpencer on DSK126QN23PROD with SENATE
tion; and AND THOSE WHO HAVE NOT RE- ‘‘(B) expects to be absent from such indi-
CEIVED A BALLOT TO VOTE IN 2020
‘‘(B) acknowledges that a material GENERAL ELECTION AND SUBSE-
vidual’s jurisdiction on the day of the elec-
misstatement of fact in completing the bal- QUENT FEDERAL ELECTIONS UNTIL tion for Federal office due to professional or
lot may constitute grounds for conviction of DOMESTIC DOWNLOADABLE AND volunteer service in response to a natural
perjury. PRINTABLE BALLOT PRESCRIBED disaster or emergency as so declared;
‘‘(3) PERIOD DESCRIBED.—The period de- BY EAC IS AVAILABLE. ‘‘(C) is hospitalized or expects to be hos-
scribed in this paragraph with respect to an (a) IN GENERAL.—The Uniformed and Over- pitalized on the day of the election for Fed-
election is the period which begins 120 days seas Citizens Absentee Voting Act (52 U.S.C. eral office; or
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S3436 CONGRESSIONAL RECORD — SENATE June 25, 2020
‘‘(D) is an individual with a disability (as ‘‘(ii) has not received such absentee ballot and process any otherwise valid Federal
defined in section 3 of the Americans with at least 2 days before the date of the elec- write-in absentee ballot submitted in any
Disabilities Act of 1990 (42 U.S.C. 12102)) and tion; manner by a qualified individual solely on
resides in a state which does not offer voters ‘‘(B)(i) resides in an area of a State with the basis of the following:
the ability to use secure and accessible re- respect to which an emergency or public ‘‘(1) Notarization and witness signature re-
mote ballot marking. health emergency has been declared by the quirements.
For purposes of subparagraph (D), a State Governor or chief government official of the ‘‘(2) Restrictions on paper type, including
shall permit an individual to self-certify State or chief government official of an area, weight and size.
that the individual is an individual with a 5 days or less before election day under the ‘‘(3) Restrictions on envelope type, includ-
disability. laws of the State due to reasons including, ing weight and size.
‘‘(2) COORDINATION WITH FEDERAL WRITE-IN but not limited to— ‘‘(f) STATE.—For purposes of this section,
BALLOT FOR ABSENT UNIFORMED SERVICES AND ‘‘(I) a natural disaster, including severe the term ‘State’ includes the District of Co-
OVERSEAS VOTERS.—The term ‘qualified indi- weather; or lumbia, the Commonwealth of Puerto Rico,
vidual’ shall not include an individual who— ‘‘(II) an infectious disease; and Guam, American Samoa, the United States
‘‘(A) is an absent uniformed services voter ‘‘(ii) has not requested an absentee ballot; Virgin Islands, and the Commonwealth of
or an overseas voter; and ‘‘(C) expects to be absent from such indi- the Northern Mariana Islands.
‘‘(B) is entitled to vote using the Federal vidual’s jurisdiction on the day of the elec- ‘‘(g) EFFECTIVE DATE.—Each State shall be
write-in absentee ballot prescribed under tion for Federal office due to professional or required to comply with the requirements of
section 103. volunteer service in response to a natural this section on and after January 1, 2022.’’.
‘‘(c) STATE.—For purposes of this section, disaster or emergency as so declared; (2) CLERICAL AMENDMENT.—The table of
the term ‘State’ includes the District of Co- ‘‘(D) is hospitalized or expects to be hos- contents for such Act is amended by insert-
lumbia, the Commonwealth of Puerto Rico, pitalized on the day of the election for Fed- ing after the item relating to section 321, as
Guam, American Samoa, the United States eral office; or added by section 103, the following:
Virgin Islands, and the Commonwealth of ‘‘(E) is an individual with a disability (as
defined in section 3 of the Americans with ‘‘Sec. 322. Use of domestic downloadable and
the Northern Mariana Islands.’’. printable absentee ballot.’’.
(b) CONFORMING AMENDMENT.—Section Disabilities Act of 1990 (42 U.S.C. 12102)) and
resides in a state which does not offer voters (b) FORM OF DOMESTIC PRINTABLE AND
102(a) of the Uniformed and Overseas Citizens DOWNLOADABLE ABSENTEE BALLOT.—
Absentee Voting Act (52 U.S.C. 20302(a)) is the ability to use secure and accessible re-
mote ballot marking. (1) IN GENERAL.—Title II of the Help Amer-
amended by striking ‘‘and’’ at the end of ica Vote Act of 2002 (52 U.S.C. 20921) is
paragraph (10), by striking the period at the For purposes of subparagraph (E), a State
shall permit an individual to self-certify amended by adding at the end the following
end of paragraph (11) and inserting ‘‘; and’’, new subtitle:
and by adding at the end the following new that the individual is an individual with a
disability. ‘‘PART VII—DOWNLOADABLE AND PRINT-
paragraph:
‘‘(2) COORDINATION WITH FEDERAL WRITE-IN ABLE ABSENTEE BALLOT FOR DOMES-
‘‘(12) meet the requirements of section 103C
BALLOT FOR ABSENT UNIFORMED SERVICES AND TIC USE
with respect to use of downloadable and
printable absentee ballots for qualified indi- OVERSEAS VOTERS.—The term ‘qualified indi- ‘‘SEC. 297. DOWNLOADABLE AND PRINTABLE AB-
viduals to vote in the 2020 general election.’’. vidual’ shall not include an individual who— SENTEE BALLOT FOR DOMESTIC
‘‘(A) is an absent uniformed services voter USE.
(c) CLERICAL AMENDMENTS.—The table of
contents of such Act is amended by inserting (as defined in section 107(1) of the Uniformed ‘‘(a) FORM OF BALLOT.—
the following after section 103: and Overseas Citizens Absentee Voting Act ‘‘(1) IN GENERAL.—The Commission shall
(52 U.S.C. 20310(1))) or an overseas voter (as prescribe a domestic downloadable and print-
‘‘Sec. 103A. Procedures for collection and de- defined in section 107(5) of such Act (52 able ballot (including a secrecy envelope and
livery of marked absentee bal- U.S.C. 20310(5))); and mailing envelope for such ballot) for use in
lots of absent overseas uni- ‘‘(B) who is entitled to vote using the Fed- elections for Federal office by qualified indi-
formed services voters. eral write-in absentee ballot developed under viduals (as defined in section 322(b)).
‘‘Sec. 103B. Federal voting assistance pro- section 103 of such Act (52 U.S.C. 20303). ‘‘(2) AFFIRMATION.—The ballot prescribed
gram improvements. ‘‘(c) SUBMISSION AND PROCESSING.— under paragraph (1) shall contain an affirma-
‘‘Sec. 103C. Use of downloadable and print- ‘‘(1) IN GENERAL.—Except as otherwise pro- tion, signed by the person submitting the
able absentee ballots provided vided in this section, a domestic ballot, that—
under uocava for qualified indi- downloadable and printable absentee ballot ‘‘(A) such individual is a qualified indi-
viduals to vote in 2020 general to which this section applies shall be sub- vidual (as defined in section 322(b));
election.’’. mitted and processed in the manner provided ‘‘(B) such individual has not and will not
SEC. 105. DOWNLOADABLE AND PRINTABLE AB- by law for absentee ballots in the State in- cast another ballot with respect to the elec-
SENTEE BALLOT FOR DOMESTIC USE volved.
BY VOTERS WITH DISABILITIES AND
tion for which the domestic downloadable
IN EMERGENCIES STARTING IN 2022.
‘‘(2) DEADLINE.—An otherwise eligible na- and printable absentee ballot is cast; and
tional Federal write-in absentee ballot to ‘‘(C) acknowledging that a material
(a) STATE REQUIREMENT.—
which this section applies shall be counted— misstatement of fact in completing the bal-
(1) IN GENERAL.—Subtitle C of title III of
‘‘(A) if it is postmarked, signed, or other- lot may constitute grounds for conviction of
the Help America Vote Act of 2002, as added
wise indicated by the United States Postal perjury.
by section 103, is amended by adding at the
Service to have been mailed on or before the ‘‘(b) AVAILABILITY.—The Commission shall
end the following new section:
close of polls on the date of the election; and make the domestic downloadable and print-
‘‘SEC. 322. USE OF DOMESTIC DOWNLOADABLE ‘‘(B) received by the appropriate State
AND PRINTABLE ABSENTEE BALLOT.
able absentee ballot available on the Inter-
election official on or before the date that is net in a printable format.’’.
‘‘(a) STATE REQUIREMENT.— 10 days after the date of such election. ‘‘(c) REQUIREMENTS.—The domestic
‘‘(1) IN GENERAL.—Each State shall permit ‘‘(d) SPECIAL RULES.—The following rules downloadable and printable absentee ballot
qualified individuals to use a downloadable shall apply with respect to domestic print- shall be compliant with section 508 of the Re-
and printable absentee ballot prescribed by able and downloadable absentee ballots to habilitation Act of 1973 (29 U.S.C. 794d) and
the Election Assistance Commission under which this section applies: shall not transmit the information com-
section 297 to cast a vote in any election for ‘‘(1) In completing the ballot, the voter pleted by a voter over the internet.’’.
Federal office. may designate a candidate by writing in the (2) CONFORMING AMENDMENTS.—
‘‘(2) REQUIREMENTS.—Such downloadable name of the candidate or by writing in the (A) Section 202 of the Help America Vote
and printable absentee ballots— name of a political party (in which case the Act of 2002 (52 U.S.C. 20922) is amended by re-
‘‘(A) must comply with the language re- ballot shall be counted for the candidate of designating paragraphs (5) and (6) as para-
quirements under section 203 of the Voting that political party). graphs (6) and (7), respectively, and by in-
Rights Act of 1965 (52 U.S.C. 10503); and ‘‘(2) In the case of the offices of President serting after paragraph (4) the following new
‘‘(B) must comply with the disability re- and Vice President, a vote for a named can- paragraph:
quirements under section 508 of the Rehabili- didate or a vote by writing in the name of a ‘‘(5) carrying out the duties described in
tation Act of 1973 (29 U.S.C. 794d). political party shall be counted as a vote for part 7 (relating to downloadable and print-
‘‘(b) QUALIFIED INDIVIDUAL.—For purposes the electors supporting the candidate in- able absentee ballot for domestic use;’’.
of this section:
SSpencer on DSK126QN23PROD with SENATE
volved. (B) The table of contents for such Act is
‘‘(1) IN GENERAL.—Except as provided in ‘‘(3) Any abbreviation, misspelling, or amended by inserting after the item related
paragraph (2), the term ‘qualified individual’ other minor variation in the form of the to section 296 the following:
means any individual who is otherwise quali- name of a candidate or a political party shall
fied to vote in an election for Federal office be disregarded in determining the validity of ‘‘PART 7—DOWNLOADABLE AND PRINTABLE
and who— the ballot. ABSENTEE BALLOT FOR DOMESTIC USE
‘‘(A)(i) has requested an absentee ballot ‘‘(e) PROHIBITING REFUSAL TO ACCEPT BAL- ‘‘Sec. 297. Downloadable and printable ab-
from the State or jurisdiction where such in- LOT FOR FAILURE TO MEET CERTAIN REQUIRE- sentee ballot for domestic
dividual is registered to vote; and MENTS.—A State shall not refuse to accept use.’’.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3437
SEC. 106. REQUIREMENT FOR PREPAID RETURN (C) The date on which any such requested tions for Federal office occurring after the
ENVELOPES FOR ABSENTEE BAL- application was sent to the voter. date that is 1 year after the date on which
LOTS; USE OF INTELLIGENT MAIL (D) The date on which any such completed the Director of the Cybersecurity and Infra-
BARCODE.
application was received from the voter and structure Security Agency certifies that the
(a) IN GENERAL.—Subtitle C of title III of the status of such application. service described in subsection (a) is oper-
the Help America Vote Act of 2002, as added
(E) The date on which any absentee ballot ational.
by section 103 and amended by section 105, is (d) AVAILABILITY TO DEPARTMENT OF DE-
was sent to the voter.
amended by adding at the end the following FENSE.—The Cybersecurity and Infrastruc-
(F) The date on which any absentee ballot
new section:
was received by the voter. ture Security Agency may make the bal-
‘‘SEC. 323. USE OF PREPAID SELF-SEALING RE-
(G) The date on which the post office proc- loting materials status update service avail-
TURN ENVELOPES.
esses the absentee ballot. able to the Department of Defense to admin-
‘‘(a) IN GENERAL.—Each State and local ju-
(H) The date on which post office delivered ister and implement to absent uniformed
risdiction shall provide with any voter reg-
the absentee ballot to the election office. services voters and overseas voters pursuant
istration application, absentee ballot appli-
(I) Whether such ballot was accepted and to the Uniformed Overseas and Citizens Ab-
cation, or blank absentee ballot sent by mail
counted, and in the case of any ballot not sentee Voting Act (52 U.S.C. 20301 et seq.).
a self-sealing return envelope, where pos-
counted, the reason why the ballot was not (e) REIMBURSEMENTS TO STATES.—
sible, with prepaid postage or subject to an
counted. (1) FOR USE WITH RESPECT TO BALLOTING MA-
arrangement whereby the State will reim-
(3) METHOD OF PROVIDING INFORMATION.— TERIALS OF ABSENT UNIFORMED SERVICE VOT-
burse the United States Postal Service for
The balloting materials status update serv- ERS AND OVERSEAS VOTERS.—
the postage of any such return envelope that
ice established under paragraph (1) shall (A) IN GENERAL.—The Uniformed and Over-
is sent by mail.
‘‘(b) USE OF INTELLIGENT MAIL BARCODE allow voters the option to receive the infor- seas Citizens Absentee Voting Act (52 U.S.C.
FOR THE 2020 GENERAL ELECTION AND UNTIL mation described in paragraph (2) through 20301 et seq.) is amended by inserting after
BALLOTING MATERIALS STATUS UPDATE SERV- email (or other electronic means) or through section 103C, as added by section 104(a), the
ICE IMPLEMENTED.—For the 2020 general elec- the mail. following new section:
tion and subsequent elections for Federal of- (4) PROHIBITION ON FEES.—The Director ‘‘SEC. 103D. REIMBURSEMENTS FOR USE OF BAL-
may not charge any fee to a State or juris- LOTING MATERIALS STATUS UP-
fice (until such time as a State implements DATE SERVICE.
a balloting materials status update service diction for use of the balloting materials sta-
tus update service in connection with any ‘‘(a) IN GENERAL.—The Presidential des-
which meets the requirements described in
Federal, State, or local election. ignee shall make payments to each State
section 107(a)(2) of the Natural Disaster and
(5) AUTHORIZATION OF APPROPRIATIONS.— and local jurisdiction equal to the costs to
Emergency Ballot Act of 2020), unless a State
There are authorized to be appropriated to the State or local jurisdiction of using the
or jurisdiction has developed a system that
the Director such sums as are necessary for balloting materials status update service
enables voters to track their absentee ballot
purposes of carrying out this subsection. under section 107(a) of the Natural Disaster
through the mail, each State and jurisdic-
(b) REQUIRED USE FOR ABSENT UNIFORMED and Emergency Ballot Act of 2020 with re-
tion shall provide with each absentee ballot
SERVICE VOTERS AND OVERSEAS VOTERS.— spect to balloting materials of absent uni-
sent by mail a self-sealing return envelope
(1) IN GENERAL.—Section 102(a) of the Uni- formed services and overseas voters.
pursuant to subsection (a) that contains an ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
formed and Overseas Citizens Absentee Vot-
Intelligent Mail barcode as prescribed by the There are authorized to be appropriated to
ing Act (52 U.S.C. 20302(a)), as amended by
United States Postal Service. the Presidential designee such sums as are
‘‘(c) STATE.—For purposes of this section, section 104(b), is amended by striking ‘‘and’’
at the end of paragraph (11), by striking the necessary for carrying out this section, to
the term ‘State’ includes the District of Co-
period at the end of paragraph (12) and in- remain available without fiscal year limita-
lumbia, the Commonwealth of Puerto Rico,
serting ‘‘; and’’, and by adding at the end the tion.’’.
Guam, American Samoa, the United States
following new paragraph: (B) CONFORMING AMENDMENT.—Section
Virgin Islands, and the Commonwealth of
‘‘(13) use the balloting materials status up- 101(b) of the Uniformed and Overseas Citizens
the Northern Mariana Islands.
‘‘(d) EFFECTIVE DATE.—The requirements date service developed under section 107(a) of Absentee Voting Act (52 U.S.C. 20301(b)) is
of this section shall apply to materials sent the Natural Disaster and Emergency Ballot amended by striking ‘‘and’’ at the end of
by States and local jurisdictions after the Act of 2020 to inform absent uniformed serv- paragraph (10), by striking the period at the
date that is 60 days after the date of the en- ices voters and overseas voters on the status end of paragraph (11) and inserting ‘‘; and’’,
actment of this Act.’’. of voter registration applications, absentee and by adding at the end the following new
(b) CLERICAL AMENDMENT.—The table of ballot applications, and absentee ballots paragraph
contents of such Act is amended by inserting used in elections for Federal office.’’. ‘‘(12) make payments to States in accord-
after the item relating to section 322, as (2) CONFORMING AMENDMENT.—Section 102 ance with section 103D.’’.
added by section 105, the following new item: of such Act (52 U.S.C. 20302) is amended by (C) CLERICAL AMENDMENT.—The table of
‘‘Sec. 323. Use of prepaid self-sealing return striking subsection (h). contents of such Act is amended by inserting
envelopes.’’. (3) EFFECTIVE DATE.—The amendments after the item relating to section 103, as
SEC. 107. DEVELOPMENT OF A SECURE FEDERAL made by this subsection shall apply to elec- added by section 104(c), the following new
PORTAL TO ALLOW ELECTION OFFI- tions for Federal office occurring after the item:
CIALS TO PROVIDE VOTERS WITH date that is 1 year after the date on which ‘‘Sec. 103D. Reimbursements for use of bal-
UPDATES ON THEIR BALLOTS. the Director of the Cybersecurity and Infra- loting materials status update
(a) BALLOTING MATERIALS STATUS UPDATE structure Security Agency certifies that the service.’’.
SERVICE.— service described in subsection (a) is oper- (2) FOR USE WITH RESPECT TO BALLOTING MA-
(1) IN GENERAL.—Not later than January 1, ational. TERIALS OF DOMESTIC VOTERS.—
2024, the Director of the Cybersecurity and (c) REQUIRED USE UNDER HELP AMERICA (A) IN GENERAL.—Subtitle D of title II of
Infrastructure Security Agency, in consulta- VOTE ACT.— the Help America Vote Act of 2002 (52 U.S.C.
tion with the Chair of the Election Assist- (1) IN GENERAL.—Section 321(a) of the Help 21001 et seq.), as amended by section 105(b), is
ance Commission, the Postmaster General, American Vote Act of 2002, as added by sec- amended by adding at the end the following:
the Director of the General Services Admin- tion 103, is amended by striking ‘‘and’’ at the ‘‘PART 8—REIMBURSEMENTS FOR USE OF
istration, the Presidential designee, and end of paragraph (3), by striking the period BALLOTING MATERIALS STATUS UP-
State election officials, shall establish a bal- at the end of paragraph (4) and inserting ‘‘; DATE SERVICE
loting materials status update service to be and’’, and by adding at the end the following ‘‘SEC. 298. REIMBURSEMENTS FOR USE OF BAL-
used by States and local jurisdictions to in- new paragraph: LOTING MATERIALS STATUS UP-
form voters on the status of voter registra- ‘‘(5) use the balloting materials status up- DATE SERVICE.
tion applications, absentee ballot applica- date service developed under section 107(a) of ‘‘(a) IN GENERAL.—The Commission shall
tions, and absentee ballots. the Natural Disaster and Emergency Ballot make payments to each State and local ju-
(2) INFORMATION TRACKED.—The balloting Act of 2020 to provide eligible voters and risdiction equal to the costs to the State or
materials status update service established qualified individuals (as defined in section local jurisdiction of using the ballot mate-
under paragraph (1) shall provide to a voter 322(b) of this Act) information regarding the rial update service under section 107(a) of the
the following information with respect to status of voter registration applications, ab- Natural Disaster and Emergency Ballot Act
that voter: sentee ballot applications, and absentee bal- of 2020 with respect to balloting materials of
(A) In the case of balloting materials sent lots used in elections for Federal office, ex-
SSpencer on DSK126QN23PROD with SENATE
voters (other than balloting materials of ab-
by mail, tracking information from the cept that any State or jurisdiction which has sent uniformed services and overseas voters
United States Post Office and the Presi- developed a balloting materials status up- for which the State is eligible for payment
dential designee on balloting materials sent date system which meets the requirements under section 103D of the Uniformed and
to the voter and, to the extent feasible, re- of paragraph (2) of such section 107(a) (relat- Overseas Citizens Absentee Voting Act) for
turned by the voter. ing to information tracked) may continue to which States or jurisdictions elect to use
(B) The date on which any request by the use such system.’’. such tracking service.
voter for an application for voter registra- (2) EFFECTIVE DATE.—The amendments ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
tion or an absentee ballot was received. made by this subsection shall apply to elec- There are authorized to be appropriated to
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S3438 CONGRESSIONAL RECORD — SENATE June 25, 2020
the Commission such sums as are necessary mail and at least one of the following meth- ‘‘(e) EFFECTIVE DATE.—This section shall
for carrying out this section, to remain ods: apply with respect to the general election for
available without fiscal year limitation.’’. ‘‘(A) Phone. Federal office held in 2020 and any subse-
(B) CONFORMING AMENDMENTS.— ‘‘(B) Electronic mail. quent election for Federal office.’’.
(i) Section 202 of the Help America Vote ‘‘(C) Text message. (b) CLERICAL AMENDMENT.—The table of
Act of 2002 (52 U.S.C. 20922), as amended by ‘‘(3) NO EFFECT ON OTHER NOTICE REQUIRE- contents of such Act is amended by inserting
section 105(b), is amended by redesignating MENTS RELATED TO PROVISIONAL BALLOTS.—In after the item relating to section 323, as
paragraphs (6) and (7) as paragraphs (7) and the case of an individual who submits a pro- added by section 106, the following new item:
(8), respectively, and by inserting after para- visional ballot, the requirements of this sub- ‘‘Sec. 324. Signature mismatch on ballot
graph (5) the following new paragraph: section shall be in addition to the require- submitted by mail or provi-
‘‘(6) carrying out the duties described in ments applicable to such an individual under sional ballot.’’.
part 8 (relating to balloting materials status section 302(a). SEC. 109. REQUIREMENT FOR ACCEPTANCE OF
update reimbursements);’’. ‘‘(c) OPPORTUNITY TO CURE.— VOTER REGISTRATION APPLICA-
(ii) The table of contents for such Act is ‘‘(1) ESTABLISHMENT OF PROCEDURES.—A TIONS.
amended by inserting after the item related covered State shall establish uniform and (a) IN GENERAL.—Subtitle C of title III of
to section 297 the following: non-discriminatory procedures— the Help America Vote Act of 2002, as added
‘‘PART 8—REIMBURSEMENTS FOR USE OF BAL- ‘‘(A) to allow an individual to whom notice by section 103 and amended by sections 105,
LOTING MATERIALS STATUS UPDATE SERVICE is provided under subsection (b)— 106, and 108, is amended by adding at the end
‘‘Sec. 298. Reimbursements for use of bal- ‘‘(i) to provide confirmation or information the following new section:
loting materials status update to cure the discrepancy described in sub- ‘‘SEC. 325. ACCEPTANCE OF VOTER REGISTRA-
section (b)(1) through the same form in TION APPLICATIONS.
service.’’.
which the notice is provided pursuant to sub- ‘‘(a) REQUIREMENTS FOR VOTER REGISTRA-
SEC. 108. NOTICE AND CURE PROCESS REQUIRED
FOR MISMATCHED SIGNATURES ON section (b)(1); and TION APPLICATIONS.—Each State and local ju-
MAIL-IN AND PROVISIONAL BAL- ‘‘(ii) if such confirmation or information is risdiction shall—
LOTS. rejected, to appeal the rejection; ‘‘(1) make available an online voter reg-
(a) IN GENERAL.—Subtitle C of title III of ‘‘(B) that require that voters whose ballots istration application, which requirement is
the Help America Vote Act of 2002, as added are returned without signatures be notified satisfied if the local, county, or State elec-
by section 103 and amended by sections 105 and given an opportunity to provide a miss- tion official’s website allows a voter reg-
and 106, is amended by adding at the end the ing signature on a form proscribed by the istration application to be completed and
following new section: State; and submitted online;
‘‘SEC. 324. SIGNATURE MISMATCH ON BALLOT ‘‘(C) ‘prior to the date of final certification ‘‘(2) accept and process any voter registra-
SUBMITTED BY MAIL OR PROVI- of ballots in the election by such State, to tion applications submitted in person, by
SIONAL BALLOT. provide such individual a final determina- mail, or online at least 21 days prior to the
‘‘(a) COVERED STATE DEFINED.— tion as to the validity of the ballot and date of an election for Federal office, except
‘‘(1) IN GENERAL.—Subject to paragraph (2), whether the individual’s ballot was counted nothing this paragraph shall preclude a
in this section, the term ‘covered State’ in the election. State or local jurisdiction from allowing for
means a State in which, under State law, a ‘‘(2) DEADLINE.— A voter has at least 10 the acceptance and processing of voter reg-
ballot submitted by mail or a provisional calendar days following the date on which istration applications submitted or received
ballot is not counted as a vote in an election the notice required under subsection (b) is after such required period; and
for Federal office unless the State verifies given or until the day before certification of ‘‘(3) ensure that any voter registration ap-
the signature of the individual who sub- election results, whichever is later, to pro- plications provided by the State permit the
mitted such ballot by comparing the signa- vide confirmation that the signature in ques- voter, at the time of submitting the applica-
ture on the envelope containing such ballot tion is their genuine signature. This con- tion, to register to vote by mail in accord-
or a document accompanying such ballot and firmation can be provided orally, in writing, ance with the requirements under section
the signature of such individual on the offi- or electronically, including through any of 321(c).
cial list of registered voters in the State or the forms described in subsection (b)(2). No ‘‘(b) EXCEPTION.—This section shall not
other official record, or other document. separate oath or affirmation is required. apply with respect to any State or local ju-
‘‘(2) EXCEPTION FOR CERTAIN STATES.—Such ‘‘(3) COUNTING OF VOTE.— risdiction that allows—
term shall not include a State which con- ‘‘(A) IN GENERAL.—A final determination ‘‘(1) voter registration during early voting;
ducted a Federal election entirely through with respect to the validity of a ballot in the or
vote by mail prior to 2020. case of a signature mismatch under this sec- ‘‘(2) same day voter registration.
‘‘(b) NOTICE REQUIRED.— tion shall be made by three election officials, ‘‘(c) EFFECTIVE DATE.—This section shall
‘‘(1) IN GENERAL.—If an individual submits at least one of whom is of an opposing party apply beginning on the date that is 60 days
a ballot by mail or a provisional ballot in an and, unless such election officials determine, after the date of enactment of the Natural
election for Federal office in a covered State, taking into account any conformation or in- Disaster and Emergency Ballot Act of 2020.’’.
and the appropriate State or local election formation provided under the procedures es- (b) CLERICAL AMENDMENT.—The table of
official determines that a discrepancy exists tablished pursuant to paragraph (1)(A), contents of such Act is amended by inserting
between the signature on the envelope con- through a unanimous vote and beyond a rea- after the item relating to section 324, as
taining such ballot or a document accom- sonable doubt that the ballot is not valid, added by section 108, the following new item:
panying such ballot used to verify the signa- such ballot shall be counted as a vote in that ‘‘Sec. 325. Acceptance of voter registration
ture and the signature of such individual on election. applications.’’.
the official list of registered voters in the ‘‘(B) TRAINING REQUIREMENT.—Election of- SEC. 110. ACCOMMODATIONS FOR VOTERS RESID-
State or other official record, or other docu- ficials making such determinations must ING IN INDIAN LANDS.
ment used by the State to verify the signa- have completed training on signature (a) ACCOMMODATIONS.—
tures of voters, such election official, prior verification. (1) IN GENERAL.—The following require-
to making a final determination as to the ‘‘(d) REPORT.— ments shall apply with respect to the general
validity of such ballot, shall make a good ‘‘(1) IN GENERAL.—Not later than 120 days election for Federal office held in 2020 and
faith effort to immediately notify such indi- after the end of a Federal election cycle, any subsequent election for Federal office:
vidual that— each chief State election official in a covered (A) Given the widespread lack of residen-
‘‘(A) a discrepancy exists between the sig- State shall submit to Congress a report con- tial mail delivery in Indian Country, an In-
nature on the envelope containing such bal- taining the following information for the ap- dian Tribe may designate buildings as ballot
lot or a document accompanying such ballot plicable Federal election cycle in the State: pickup and collection locations at no cost to
used to verify the signature and the signa- ‘‘(A) The number of ballots invalidated due the Indian Tribe. An Indian Tribe may des-
ture of such individual on the official list of to a discrepancy under this section. ignate one building per precinct located
registered voters in the State or other offi- ‘‘(B) Description of attempts to contact within Indian lands. The applicable State or
cial record, or other document used by the voters to provide notice as required by this political subdivision shall collect ballots
State to verify the signatures of voters; section. from those locations. The applicable State or
‘‘(B) such individual may provide informa- ‘‘(C) Description of the cure process devel- political subdivision shall provide the Indian
tion to cure such discrepancy in accordance oped by such State pursuant to this section, Tribe with accurate precinct maps for all
SSpencer on DSK126QN23PROD with SENATE
with the procedures established pursuant to including the number of ballots determined precincts located within Indian lands 60 days
subsection (c)(1)(A); and valid as a result of such process. before any election.
‘‘(C) if such discrepancy is not cured, such ‘‘(2) FEDERAL ELECTION CYCLE DEFINED.— (B) The State or political subdivision shall
ballot will not be counted. For purposes of this subsection, the term provide mail-in and absentee ballots to each
‘‘(2) FORM OF NOTICE.—An election official ‘Federal For election cycle’ means the period registered voter residing on Indian lands in
shall provide the notice required by para- beginning on January 1 of any odd numbered the State or political subdivision without re-
graph (1) within 10 calendar days of the de- year and ending on December 31 of the fol- quiring a residential address or a mail-in or
termination that a discrepancy exists by lowing year. absentee ballot request.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3439
(C) The address of a designated building junctive relief with respect to a violation of ‘‘PART 9—PAYMENTS TO STATES TO
that is a ballot pickup and collection loca- this subsection, if— CARRY OUT REQUIREMENTS UNDER
tion may serve as the residential address and (I) that person or Tribal Government pro- NATURAL DISASTER AND EMERGENCY
mailing address for voters living on Indian vides the notice described in clause (i); and BALLOT ACT OF 2020 WITH RESPECT TO
lands if the tribally designated building is in (II)(aa) in the case of a violation that oc- 2020 GENERAL ELECTION
the same precinct as that voter. If there is curs more than 120 days before the date of an ‘‘SEC. 299. PAYMENTS TO STATES.
no tribally designated building within a vot- election for Federal office, the violation re- ‘‘(a) IN GENERAL.—Not later than 30 days
er’s precinct, the voter may use another trib- mains and 90 days or more have passed since after the date of the enactment of the Nat-
ally designated building within the Indian the date on which the chief election official ural Disaster and Emergency Ballot Act of
lands where the voter is located. Voters of the State receives the notice under clause 2020, the Commission shall make a payment
using a tribally designated building outside (i); or to each State.
of the voter’s precinct may use the tribally (bb) in the case of a violation that occurs ‘‘(b) USE OF FUNDS.—
designated building as a mailing address and 120 days or less before the date of an election ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
may separately designate the voter’s appro- for Federal office, the violation remains and and (3), a State shall use the funds provided
priate precinct through a description of the 20 days or more have passed since the date under a payment under this section—
voter’s address, as specified in section on which the chief election official of the ‘‘(A) to comply with and implement the
9428.4(a)(2) of title 11, Code of Federal Regu- State receives the notice under clause (i). provisions of and amendments made by the
lations. (iii) In the case of a violation of this sec- Natural Disaster and Emergency Ballot Act
(D) In the case of a State or political sub- tion that occurs 30 days or less before the of 2020 with respect to the 2020 general elec-
division that is a covered State or political date of an election for Federal office, an ag- tion occurring on November 3, 2020; and
grieved person or Tribal Government may ‘‘(B) to carry out one or more of the fol-
subdivision under section 203 of the Voting
bring a civil action in an appropriate district lowing activities with respect to the 2020
Rights Act of 1965 (52 U.S.C. 10503), that
court for declaratory or injunctive relief general election:
State or political subdivision shall provide
with respect to the violation without pro- ‘‘(i) Establishing and implementing contin-
absentee or mail-in voting materials in the
viding notice to the chief election official of gency plans pursuant to section 102 of the
language of the applicable minority group as
the State under clause (i). Natural Disaster and Emergency Ballot Act
well as in the English language, bilingual
of 2020, including the implementation of
election voting assistance, and written (b) BILINGUAL ELECTION REQUIREMENTS.— safety requirements pursuant to subsection
translations of all voting materials in the Section 203 of the Voting Rights Act of 1965 (b) of such section and initiatives to recruit
language of the applicable minority group, (52 U.S.C. 10503) is amended— pollworkers pursuant to subsection (c) of
as required by section 203 of the Voting (1) in subsection (b)(3)(C), by striking such section.
Rights Act of 1965 (52 U.S.C. 10503) as amend- ‘‘1990’’ and inserting ‘‘2010’’; and ‘‘(ii) Implementing public awareness and
ed by subsection (b). (2) by striking subsection (c) and inserting education campaigns and initiatives to en-
(2) CLARIFICATION.—Nothing in this section the following: sure voters are aware of election dates and
alters the ability of an individual voter re- election administration practices.
‘‘(c) PROVISION OF VOTING MATERIALS IN
siding on Indian lands to request a ballot in ‘‘(iii) Establishing a system for voters to
THE LANGUAGE OF A MINORITY GROUP.—
a manner available to all other voters in the submit an online request for an absentee bal-
‘‘(1) IN GENERAL.—Whenever any State or
State. lot pursuant to section 102(e) of such Act.
political subdivision subject to the prohibi-
(3) DEFINITIONS.—In this section: ‘‘(iv) Implementing requirements with re-
tion of subsection (b) of this section provides
(A) INDIAN.—The term ‘‘Indian’’ has the spect to availability of voting prior to elec-
any registration or voting notices, forms, in-
meaning given the term in section 4 of the tion day pursuant to section 321 of this Act.
structions, assistance, or other materials or
Indian Self-Determination and Education ‘‘(v) Purchasing additional and upgrading
information relating to the electoral proc-
Assistance Act (25 U.S.C. 5304). high speed ballot printers, inserters, ballot
ess, including ballots, it shall provide them
(B) INDIAN LANDS.—The term ‘‘Indian sorters, envelope extractors, and scanners to
in the language of the applicable minority
lands’’ includes— send and process absentee ballots and pur-
group as well as in the English language.
(i) any Indian country of an Indian Tribe, chasing ballot drop boxes.
‘‘(2) EXCEPTIONS.—
as defined under section 1151 of title 18, ‘‘(vi) The development or purchase, imple-
‘‘(A) IN GENERAL.—
United States Code; mentation, and use of technology to allow
‘‘(i) In the case of a minority group that is
(ii) any land in Alaska owned, pursuant to election officials to electronically verify a
not American Indian or Alaska Native and
the Alaska Native Claims Settlement Act (43 voter’s signature on a ballot envelope
the language of that minority group is oral
U.S.C. 1601 et seq.), by an Indian Tribe that against a voter’s signature on file without
or unwritten, the State or political subdivi-
is a Native village (as defined in section 3 of physically handling the envelope, provided
sion shall only be required to furnish, in the
that Act (43 U.S.C. 1602)) or by a Village Cor- that the technology is not connected to the
covered language, oral instructions, assist-
poration that is associated with an Indian internet.
ance, translation of voting materials, or
Tribe (as defined in section 3 of that Act (43 ‘‘(vii) Use of downloadable and printable
other information relating to registration
U.S.C. 1602)); ballots by qualified individuals pursuant to
and voting.
(iii) any land on which the seat of the Trib- section 103C of the Uniformed and Overseas
‘‘(ii) In the case of a minority group that is
al Government is located; and Citizens Absentee Voting Act.
American Indian or Alaska Native, the State
(iv) any land that is part or all of a Tribal ‘‘(viii) Developing or purchasing secure ac-
or political subdivision shall only be re-
designated statistical area associated with cessible remote ballot marking systems for
quired to furnish in the covered language
an Indian Tribe, or is part or all of an Alaska use by voters with disabilities, provided that
oral instructions, assistance, or other infor-
Native village statistical area associated such systems do not cause the voter’s ballot
mation relating to registration and voting,
with an Indian Tribe, as defined by the Cen- selections to be transmitted over the inter-
including all voting materials, if the Tribal
sus Bureau for the purposes of the most re- net and do not allow for the electronic sub-
Government of that minority group has cer-
cent decennial census. mission of a marked ballot.
tified that the language of the applicable
(C) INDIAN TRIBE.—The term ‘‘Indian ‘‘(ix) Improving the accessibility of polling
American Indian or Alaska Native language
Tribe’’ has the meaning given the term ‘‘In- locations, early voting locations, and ballot
is presently unwritten or the Tribal Govern-
dian tribe’’ in section 4 of the Indian Self-De- drop-off boxes.
ment does not want written translations in
termination and Education Assistance Act ‘‘(x) Implementing a curb-side voting sys-
the minority language.
(25 U.S.C. 5304). tem for voters to cast a ballot safely, acces-
‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION
(D) TRIBAL GOVERNMENT.—The term ‘‘Trib- sibly, and privately.
WORKERS.—Notwithstanding paragraph (2),
al Government’’ means the recognized gov- ‘‘(xi) Providing return envelopes and the
the State or political division may be re-
erning body of an Indian Tribe. postage associated with such envelopes pur-
quired to provide written translations of vot-
(4) ENFORCEMENT.— suant to section 323 of this Act.
ing materials, with the consent of any appli-
(A) ATTORNEY GENERAL.—The Attorney ‘‘(xii) Ensuring strong chain of custody
cable Indian Tribe, to election workers to en-
General may bring a civil action in an appro- procedures for handling ballots.
sure that the translations from English to
priate district court for such declaratory or ‘‘(xiii) Improving the transparency of elec-
the language of a minority group are com-
injunctive relief as is necessary to carry out tion procedures to the public, including but
plete, accurate, and uniform.’’.
this subsection. not limited to signature verification proce-
(B) PRIVATE RIGHT OF ACTION.— SEC. 111. PAYMENTS TO STATES TO CARRY OUT dures, election canvasses, and post-election
SSpencer on DSK126QN23PROD with SENATE
(i) A person or Tribal Government who is REQUIREMENTS UNDER NATURAL auditing.
aggrieved by a violation of this subsection DISASTER AND EMERGENCY BALLOT ‘‘(2) PRIMARY ELECTIONS.—A State may use
ACT OF 2020 WITH RESPECT TO 2020
may provide written notice of the violation such funds—
GENERAL ELECTION.
to the chief election official of the State in- ‘‘(A) to voluntarily comply with and imple-
volved. (a) IN GENERAL.—Title II of the Help Amer- ment the provisions of and amendments
(ii) An aggrieved person or Tribal Govern- ica Vote Act of 2002 (52 U.S.C. 21001 et seq.), made by the Natural Disaster and Emer-
ment may bring a civil action in an appro- as amended by section 107(e), is amended by gency Ballot Act of 2020 with respect to pri-
priate district court for declaratory or in- adding at the end the following new part: mary elections held in the State during 2020;
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S3440 CONGRESSIONAL RECORD — SENATE June 25, 2020
‘‘(B) to carry out one or more of the activi- ‘‘(7) carrying out the duties described in systems and ballots transmitted using such
ties described in paragraph (1)(B) with re- part 9 (relating to payments to States for systems to be secure against tampering by
spect to such primary elections; and carrying out requirements under the Natural foreign intelligence agencies, hackers, and
‘‘(C) to reimburse political parties for the Disaster and Emergency Ballot Act of 2020 other sophisticated adversaries.
costs of sending absentee ballots and return with respect to the 2020 general election);’’. (E) An evaluation of any accessibility im-
envelopes with prepaid postage to eligible (2) The table of contents for such Act is provements which are necessary for such
voters participating in such primary elec- amended by inserting after the item related systems and ballots transmitted using such
tions. to section 297 the following: systems to be accessible for people with any
‘‘(3) LIMITATION.—A State may not use ‘‘PART 9—PAYMENTS TO STATES TO CARRY kind of disability.
such funds for the electronic return of OUT REQUIREMENTS UNDER NATURAL DIS- (3) FINAL REPORT.—Not later than January
marked ballots by any voter. ASTER AND EMERGENCY BALLOT ACT OF 2020 1, 2023, the Director shall submit to Congress
‘‘(c) AMOUNT OF PAYMENT.— WITH RESPECT TO 2020 GENERAL ELECTION a report containing the results of the study
‘‘(1) IN GENERAL.—The amount of payment conducted under this subsection.
‘‘Sec. 299. Payments to States.’’.
made to a State under this section shall be (4) AUTHORIZATION.—In addition to any
SEC. 112. ADDITIONAL APPROPRIATIONS FOR
the minimum payment amount described in THE ELECTION ASSISTANCE COM-
funds otherwise appropriated to the National
paragraph (2) plus the voting age population MISSION. Institute of Standards and Technology for
proportion amount described in paragraph (a) IN GENERAL.—In addition to any funds fiscal year 2020, there is authorized to be ap-
(3). otherwise appropriated to the Election As- propriated $5,000,000 for fiscal year 2020 to
‘‘(2) MINIMUM PAYMENT AMOUNT.—The min- sistance Commission for fiscal year 2020, conduct the study under this subsection.
imum payment amount described in this there is authorized to be appropriated SEC. 114. MODIFYING PROVISIONS ON FUNDING
$3,000,000 for fiscal year 2020 in order for the FOR ELECTION SECURITY GRANTS.
paragraph is—
‘‘(A) in the case of any of the several Commission to provide additional assistance (a) WAIVER OF MATCHING REQUIREMENT.—
States or the District of Columbia, $5,000,000; and resources to States for improving the ad- The last proviso under the heading ‘‘Election
and ministration of elections. Assistance Commission, Election Security
(b) AVAILABILITY OF FUNDS.—Amounts ap- Grants’’ in the Financial Services and Gen-
‘‘(B) in the case of the Commonwealth of
propriated pursuant to the authorization eral Government Appropriations Act, 2020
Puerto Rico, Guam, American Samoa, or the
under this subsection shall remain available (Public Law 116–93; 133 Stat. 2461) shall not
United States Virgin Islands, $1,000,000.
without fiscal year limitation. apply with respect to any payment made to
‘‘(3) VOTING AGE POPULATION PROPORTION
SEC. 113. RESEARCH AND DEVELOPMENT FOR a State using funds appropriated or other-
AMOUNT.—
THE NATIONAL INSTITUTE OF wise made available to the Election Assist-
‘‘(A) IN GENERAL.—The voting age popu- ance Commission under the Coronavirus Aid,
STANDARDS AND TECHNOLOGY.
lation proportion amount described in this Relief, and Economic Security Act (Public
(a) RESEARCH AND DEVELOPMENT OF SIGNA-
paragraph is the product of— Law 116–136).
TURE GUIDELINES.—The Director of the Na-
‘‘(i) the aggregate amount made available tional Institute of Standards and Technology (b) MODIFICATION OF REPORTING DEAD-
for payments under this section minus the shall work with States, forensics experts, LINE.—The first proviso under the heading
total of all of the minimum payment and the disability community to expand the ‘‘Election Assistance Commission, Election
amounts under paragraph (2); and research and develop best practices or guide- Security Grants’’ in the Coronavirus Aid,
‘‘(ii) the voting age population proportion lines for the acceptance, verification, and Relief, and Economic Security Act (Public
for the State (as defined in subparagraph curing of signatures for mail-in ballots. Law 116–136) is amended by striking ‘‘within
(B)). (b) RESEARCH STUDY ON THE ELECTRONIC 20 days of each election in the 2020 Federal
‘‘(B) VOTING AGE POPULATION PROPORTION TRANSMISSION OF MARKED BALLOTS.— election cycle in that State,’’ and inserting
DEFINED.—The term ‘voting age population (1) IN GENERAL.—The Director of the Na- ‘‘not later than October 30, 2021,’’.
proportion’ means, with respect to a State, tional Institute of Standards and Technology (c) EXTENSION FOR USE OF FUNDS.—The
the amount equal to the quotient of— shall conduct a research study into cyberse- fourth proviso under the heading ‘‘Election
‘‘(i) the voting age population of the State curity risks associated with the electronic Assistance Commission, Election Security
(as reported in the most recent decennial transmission of marked ballots and ways to Grants’’ in the Coronavirus Aid, Relief, and
census); and mitigate those risks and increase accessi- Economic Security Act (Public Law 116–136)
‘‘(ii) the total voting age population of all bility. is amended by striking ‘‘December 31, 2020’’
States (as reported in the most recent decen- (2) SCOPE OF STUDY.—The study conducted and inserting ‘‘September 30, 2021’’.
nial census). (d) REALLOCATION OF FUNDS.—A State may
under this subsection shall include the fol-
‘‘(d) PASS-THROUGH OF FUNDS TO LOCAL JU- elect to reallocate funds allocated under the
lowing:
RISDICTIONS.—
heading ‘‘Election Assistance Commission,
(A) An evaluation, comparison, and con- Election Security Grants’’ in the
‘‘(1) IN GENERAL.—At least 80 percent of trast of the security and accessibility of e- Coronavirus Aid, Relief, and Economic Secu-
funds provided to a State under a payment mail, fax, web portals, electronic, or other rity Act (Public Law 116–136)—
under this section shall be passed through to online transmission systems used by States (1) as funds allocated under the heading
local jurisdictions or Tribal governments to and local election offices to receive marked ‘‘Election Assistance Commission, Election
carry out activities described in subsection ballots including guidance for how such sys- Security Grants’’ in the Financial Services
(b)(1) with respect to the 2020 general elec- tems may comply with cybersecurity stand- and General Government Appropriations
tion occurring on November 3, 2020. ards for Federal information technology sys- Act, 2020 (Public Law 116–93; 133 Stat. 2461)
‘‘(2) GUIDANCE.—When distributing such tems set by National Institute of Standards that were spent to prevent, prepare for, and
funds to local jurisdictions or Tribal govern- and Technology Special Publication 800–53, respond to coronavirus, domestically or
ments, a State should consider prioritizing Security and Privacy Controls for Federal internationally, for the 2020 Federal election
funding for communities and areas that are Information Systems and Organizations, and cycle; or
most impacted by the COVID–19 coronavirus. accessibility standards set by the Americans (2) as funds allocated under the heading
‘‘(3) DEFINITIONS.—In this subsection: with Disability Act of 1990 (42 U.S.C. 12101 et ‘‘Election Assistance Commission, Election
‘‘(A) INDIAN TRIBE.—The term ‘Indian seq.) and the Help America Vote Act of 2002 Reform Program’’ in the Financial Services
Tribe’ has the meaning given the term ‘In- (52 U.S.C. 20901 et seq.). and Government Appropriations Act, 2018
dian tribe’ in section 4 of the Indian Self-De- (B) An evaluation of risks and benefits as- (Public Law 115–141) that were spent to pre-
termination and Education Assistance Act sociated with the continued or expanded use vent, prepare for, and respond to
(25 U.S.C. 5304). of such systems by overseas and domestic coronavirus, domestically or internation-
‘‘(B) TRIBAL GOVERNMENT.—The term ‘Trib- voters to return their marked ballots, in- ally, for the 2020 Federal election cycle.
al Government’ means the recognized gov- cluding updating the following reports: (e) EFFECTIVE DATE.—This section shall
erning body of an Indian Tribe. (i) NISTIR 7551, A Threat Analysis on take effect as if included in the enactment of
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— UOCAVA Voting Systems. the Coronavirus Aid, Relief, and Economic
‘‘(1) IN GENERAL.—There are authorized to (ii) NISTIR 7711, Security Best Practices Security Act (Public Law 116–136).
be appropriated for payments under this sec- for the Electronic Transmission of Election
tion $3,600,000,000. Materials for UOCAVA Voters. SA 1951. Ms. ERNST submitted an
‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- (iii) NISTIR 7682, Information System Se- amendment intended to be proposed by
propriated pursuant to the authorization curity Best Practices for UOCAVA–Sup- her to the bill S. 4049, to authorize ap-
under this subsection shall remain available porting Systems.
SSpencer on DSK126QN23PROD with SENATE
propriations for fiscal year 2021 for
without fiscal year limitation.’’. (iv) NISTIR 7700, Security Considerations military activities of the Department
(b) CONFORMING AMENDMENTS.— for Remote Electronic UOCAVA Voting.
of Defense, for military construction,
(1) Section 202 of the Help America Vote (C) An evaluation of any risks and benefits
Act of 2002 (52 U.S.C. 20922), as amended by associated with the continued or expanded and for defense activities of the De-
section 107(e), is amended by redesignating use of such systems by voters with disabil- partment of Energy, to prescribe mili-
paragraphs (7) and (8) as paragraphs (8) and ities. tary personnel strengths for such fiscal
(9), respectively, and by inserting after para- (D) An evaluation of any cybersecurity im- year, and for other purposes; which was
graph (6) the following new paragraph: provements which are necessary for such ordered to lie on the table; as follows:
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