Congressional Record, Senate — May 25, 2021, S3450
Summary
This is S3450 of the Congressional Record, Senate, May 25, 2021, with interleaved columns of amendment text. The printed provisions include conforming amendments replacing references to section 230 of the Communications Act of 1934 in several statutes, such as the Controlled Substances Act and title 28 of the United States Code. They also include definitions and a review by the Comptroller General of State election procedures for the 2020 Presidential election compared with 2016, including applicable election security funds and mail-in ballot collection.
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“Congressional Record, Senate — May 25, 2021, S3450.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-05-25-crec-2021-05-25-pt1-pgs3450-4f689bb7ac/
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S3450 CONGRESSIONAL RECORD — SENATE May 25, 2021
(5) CONTROLLED SUBSTANCES ACT.—Section eral election for Federal office occurring in clause (i), the Comptroller General shall pro-
401(h)(3)(A)(iii)(II) of the Controlled Sub- 2016. vide a description of any authority (includ-
stances Act (21 U.S.C. 841(h)(3)(A)(iii)(II)) is (2) 2020 PRESIDENTIAL ELECTION.—The term ing any statutory authority), action, or di-
amended by striking ‘‘section 230(c) of the ‘‘2020 Presidential election’’ means the gen- rective that led to such change.
Communications Act of 1934’’ and inserting eral election for Federal office occurring in (C) OTHER ELECTION PROCEDURES.—
‘‘section 232(e) of the Communications Act of 2020. (i) IN GENERAL.—An analysis of whether
1934’’. (3) APPLICABLE ELECTION SECURITY FUNDS.— the State materially altered or changed its
(6) WEBB-KENYON ACT.—Section 3(b)(1) of The term ‘‘applicable election security election procedures for the 2020 Presidential
the Act entitled ‘‘An Act divesting intoxi- funds’’ means the amount of grant funding election (other than procedures described in
cating liquors of their interstate character provided to the State by the Election Assist- subparagraph (B)) from the procedures in ef-
in certain cases’’, approved March 1, 1913 ance Commission— fect for the 2016 Presidential election.
(commonly known as the ‘‘Webb-Kenyon (A) from amounts appropriated under the (ii) RELEVANT AUTHORITY FOR CHANGES.—If
Act’’) (27 U.S.C. 122b(b)(1)) is amended by heading ‘‘Election Assistance Commission,
the Comptroller General determines that
striking ‘‘(as defined in section 230(f) of the Election Security Grants’’ in the Financial
there were changes in the election proce-
Communications Act of 1934 (47 U.S.C. Services and General Government Appropria-
dures described in clause (i), the Comptroller
230(f))’’ and inserting ‘‘(as defined in section tions Act, 2020 (Public Law 116–93); or
General shall provide a description of any
232 of the Communications Act of 1934)’’. (B) from amounts appropriated under the
heading ‘‘Election Assistance Commission, authority (including any statutory author-
(7) TITLE 28, UNITED STATES CODE.—Section ity), action, or directive that led to such
4102 of title 28, United States Code, is amend- Election Security Grants’’ in the
Coronavirus Aid, Relief, and Economic Secu- change.
ed— (D) MAIL-IN BALLOT COLLECTION.—
(A) in subsection (c)— rity Act (Public Law 116–136).
(4) STATE.—The term ‘‘State’’ has the (i) IN GENERAL.—An analysis of whether
(i) by striking ‘‘section 230 of the Commu- there were specific, documented allegations
nications Act of 1934 (47 U.S.C. 230)’’ and in- meaning given such term under section 901 of
the Help America Vote Act of 2002 (52 U.S.C. of a person other than a voter or a voter’s
serting ‘‘section 232 of the Communications
21141), except that such term shall include family member or caregiver collecting or re-
Act of 1934’’; and
the Commonwealth of the Northern Mariana turning the voter’s completed ballot in the
(ii) by striking ‘‘section 230 if’’ and insert-
Islands. 2020 Presidential election.
ing ‘‘that section if’’; and
(5) UNSOLICITED MAIL-IN BALLOT.—The term (ii) RELEVANT AUTHORITY FOR COLLECTION.—
(B) in subsection (e)(2), by striking ‘‘sec-
‘‘unsolicited mail-in ballot’’ means any bal- If the Comptroller General determines that
tion 230 of the Communications Act of 1934
lot sent to a voter by mail if— there were specific, documented allegations
(47 U.S.C. 230)’’ and inserting ‘‘section 232 of
(A) such ballot was not specifically re- described in clause (i), the Comptroller Gen-
the Communications Act of 1934’’.
quested by the voter; or eral shall provide a description of any au-
(8) TITLE 31, UNITED STATES CODE.—Section
(B) the ballot request by the voter was ini- thority (including any statutory authority),
5362(6) of title 31, United States Code, is
tiated by the mailing of a ballot application action, or directive permitting such collec-
amended by striking ‘‘section 230(f) of the
Communications Act of 1934 (47 U.S.C. not specifically requested by the voter. tion or return.
230(f))’’ and inserting ‘‘section 232 of the (6) UNSOLICITED MAIL-IN BALLOT PERCENT- (E) OBSERVATION OF BALLOT COUNTING.—An
AGE.—The term ‘‘unsolicited mail-in ballot analysis of whether the State has a statute
Communications Act of 1934’’.
percentage’’ means the number of unsolic- providing for third-party observation of bal-
(9) NATIONAL TELECOMMUNICATIONS AND IN-
ited mail-in ballots distributed in the State lot counting, and if so, whether there were
FORMATION ADMINISTRATION ORGANIZATION
as a percentage of the number of total bal- specific, documented instances in connection
ACT.—Section 157(e)(1) of the National Tele-
lots provided to voters in the State. with the 2020 Presidential election in which
communications and Information Adminis- (b) REPORT.—
tration Organization Act (47 U.S.C. 941(e)(1)) the State is alleged to have failed to comply
(1) IN GENERAL.—Not later than 180 days with such statute.
is amended, in the matter preceding subpara- after the date of the enactment of this Act,
graph (A), by striking ‘‘section 230(c) of the (F) FAILURE TO ENFORCE.—An analysis of
the Comptroller General shall submit to whether there were specific, documented in-
Communications Act of 1934 (47 U.S.C. Congress and make publicly available a re-
230(c))’’ and inserting ‘‘section 232(e) of the stances in connection with the 2020 Presi-
port on the 2020 Presidential election. dential election in which the State allegedly
Communications Act of 1934’’. (2) MATTERS INCLUDED.—The report sub-
(c) APPLICABILITY.—Subsections (c) and (d) failed to enforce one or more of its election
mitted under paragraph (1) shall include the statutes (other than a statute described in
of section 232 of the Communications Act of following with respect to each State: that re-
1934, as added by subsection (a), shall apply subparagraph (E)).
ceived applicable election security funds:
to a common carrier technology company on (G) USE OF APPLICABLE ELECTION SECURITY
(A) UNSOLICITED MAIL-IN BALLOT PERCENT-
and after the date that is 90 days after the FUNDS.—In the case of a State that received
AGE.—
date of enactment of this Act. applicable election security funds, an anal-
(i) IN GENERAL.—An analysis of whether
--- the unsolicited mail-in ballot percentage for
ysis of—
SA 2007. Mr. HAGERTY submitted an State for the 2020 Presidential election was (i) whether such funds were used to make
amendment intended to be proposed to greater than the unsolicited mail-in ballot expenditures with respect to the 2020 Presi-
amendment SA 1502 proposed by Mr. percentage for the State for the 2016 Presi- dential election;
SCHUMER to the bill S. 1260, to establish dential election. (ii) whether such funds were used in con-
(ii) RELEVANT AUTHORITY FOR ANY IN- nection with any activity carried out pursu-
a new Directorate for Technology and
CREASE.—If the Comptroller General deter-
ant to an authority, action, or directive de-
Innovation in the National Science scribed in subparagraph (A)(ii), (B)(ii),
Foundation, to establish a regional mines that the unsolicited mail-in ballot
percentage for the State for the 2020 Presi- (C)(ii), or (D)(ii); and
technology hub program, to require a (iii) whether the State complied with all
dential election was greater than the unso-
strategy and report on economic secu- licited mail-in ballot percentage for the statutory and other conditions imposed in
rity, science, research, innovation, State for the 2016 Presidential election, the connection with the receipt of such funds.
manufacturing, and job creation, to es- Comptroller General shall provide a descrip- (H) SUBSEQUENT STATE ACTIONS.—A descrip-
tablish a critical supply chain resil- tion of any change in authority (including tion of any of the following actions taken by
iency program, and for other purposes; any statutory change relating to the dis- the State legislature:
tribution of unsolicited mail-in ballots), ac- (i) The passage of a resolution expressing
which was ordered to lie on the table;
tion, or directive concerning unsolicited an opinion on, or the submission to Congress
as follows: or the Comptroller General of a communica-
mail-in ballots occurring between the 2016
At the appropriate place, insert the fol- tion relating to, the items described in sub-
Presidential election and 2020 Presidential
lowing: paragraphs (A) through (G).
election that may have led to such result.
TITLE lll—PROTECT ELECTORAL (B) MAIL-IN VOTER VERIFICATION PROCE- (ii) The enactment, after the completion of
COLLEGE ACT DURES.— the 2020 Presidential election, of legislation
SEC. ll01. SHORT TITLE. (i) IN GENERAL.—An analysis of whether regarding any authority, action, or directive
This title may be cited as the ‘‘Protecting there were changes in the State’s methods described in subparagraph (A)(ii), (B)(ii),
the Right to Organized, Transparent Elec- and processes used to verify the identifica- (C)(ii), or (D)(ii) or any failure described in
tions through a Constitutionally Trust- tion of voters who vote using mail-in ballots, subparagraph (E) or (F).
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worthy Electoral College Act (PROTECT including signature verification require- SEC. ll03. TEMPORARY SUSPENSION OF, AND
Electoral College Act)’’. ments, that applied with respect to the 2020 REQUIREMENTS FOR, FUTURE ELEC-
SEC. ll02. REPORT ON 2020 GENERAL ELEC- Presidential election but did not apply to the TION ASSISTANCE GRANTS.
TION. 2016 Presidential election.
(a) DEFINITIONS.—For purposes of this sec- (ii) RELEVANT AUTHORITY FOR CHANGES.—If (a) IN GENERAL.—Subtitle D of title II of
tion: the Comptroller General determines that the Help America Vote Act of 2002 (52 U.S.C.
(1) 2016 PRESIDENTIAL ELECTION.—The term there were changes in the State’s mail-in 20901 et seq.) is amended by adding at the end
‘‘2016 Presidential election’’ means the gen- voter verification procedures described in the following new part:
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3451
‘‘PART 7—REQUIREMENTS FOR ELECTION Vote Act of 2002 is amended by inserting 2002 (6 U.S.C. 591g) is amended by inserting
ASSISTANCE after the item relating to section 296 the fol- ‘‘fentanyl or synthetic opioid,’’ after ‘‘chem-
‘‘SEC. 297. SUSPENSION OF ELECTION ASSIST- lowing: ical,’’.
ANCE. ‘‘PART 7—REQUIREMENTS FOR ELECTION (c) DEFENSE AGAINST WEAPONS OF MASS
‘‘(a) IN GENERAL.—Notwithstanding any ASSISTANCE DESTRUCTION ACT OF 1996.—Section 1403(1) of
other provision of law, no grant may be the Defense Against Weapons of Mass De-
‘‘Sec. 297. Suspension of election assistance.
awarded under this Act before July 1, 2022. ‘‘Sec. 298. Requirements for future election struction Act of 1996 (50 U.S.C. 2302(1)) is
‘‘(b) SUSPENSION OF PREVIOUS GRANTS.—No assistance. amended—
State may expend Federal funds provided (1) in subparagraph (B), by striking ‘‘or’’ at
‘‘PART 8—PROHIBITION ON USE OF FUNDS the end;
under this Act before the date of the enact-
ment of this section before July 1, 2022. ‘‘Sec. 299. Prohibition on use of funds.’’. (2) in subparagraph (C), by striking the pe-
‘‘SEC. 298. REQUIREMENTS FOR FUTURE ELEC- riod at the end and inserting ‘‘; or’’; and
TION ASSISTANCE. SA 2008. Mr. HAGERTY submitted an (3) by adding at the end the following:
‘‘(a) IN GENERAL.—Notwithstanding any amendment intended to be proposed to ‘‘(D) illicit fentanyl, fentanyl analogues, or
other provision of law, no State may receive amendment SA 1502 proposed by Mr. synthetic opioids.’’.
any grant awarded under this Act after the SCHUMER to the bill S. 1260, to establish (d) FOREIGN INTELLIGENCE SURVEILLANCE
date of the enactment of this section unless a new Directorate for Technology and ACT OF 1978.—Section 101(p)(2) of the Foreign
the State has certified by resolution adopted Innovation in the National Science Intelligence Surveillance Act of 1978 (50
by the State legislature, as a condition of re- U.S.C. 1801(p)(2)) is amended by inserting ‘‘,
Foundation, to establish a regional including illicit fentanyl, fentanyl ana-
ceiving the grant, that it is in compliance
technology hub program, to require a logues, or synthetic opioids’’ after ‘‘precur-
with the requirements of subsection (b).
‘‘(b) REQUIREMENTS.— strategy and report on economic secu- sors’’.
‘‘(1) IN GENERAL.—A State satisfies the re- rity, science, research, innovation,
quirements of this section if, in connection manufacturing, and job creation, to es- SA 2010. Mr. HAGERTY submitted an
with any election for Federal office— tablish a critical supply chain resil- amendment intended to be proposed by
‘‘(A) the methods and processes used by the iency program, and for other purposes; him to the bill S. 1260, to establish a
State to verify the identification of voters which was ordered to lie on the table; new Directorate for Technology and In-
who vote using mail-in ballots are specifi- as follows: novation in the National Science Foun-
cally set forth in statute; dation, to establish a regional tech-
‘‘(B) except as specifically provided by At the end of subtitle B of title II of divi-
statute— sion C, add the following: nology hub program, to require a strat-
‘‘(i) the State does not use unsolicited SEC. 3236. EMERGENCY RESUPPLY FOR IRON egy and report on economic security,
DOME. science, research, innovation, manufac-
mail-in balloting; and
‘‘(ii) the State does not permit persons (a) SHORT TITLE.—This section may be turing, and job creation, to establish a
other than the voter or the voter’s family cited as the ‘‘Emergency Resupply for IRON critical supply chain resiliency pro-
members or caregivers to return a voter’s DOME Act of 2021’’.
(b) FUNDING FOR IRON DOME SHORT-RANGE gram, and for other purposes; which
completed ballot; was ordered to lie on the table; as fol-
‘‘(C) for any election after the last day ROCKET DEFENSE SYSTEM.—Notwithstanding
any other provision of law, including section lows:
that the public health emergency declared
by the Secretary of Health and Human Serv- 1649 of the William M. (Mac) Thornberry Na- At the appropriate place, insert the fol-
ices under section 319 of the Public Health tional Defense Authorization Act for Fiscal lowing:
Service Act (42 U.S.C. 247d) on January 31, Year 2021 (Public Law 116–283) and sections SEC. lll. REPORT ON USE OF DRUG DETEC-
2020, with respect to COVID–19, is in effect, 482(b) and 531(e) of the Foreign Assistance TION TECHNOLOGY AT THE BORDER.
the State uses all voting procedures in place Act of 1961 (22 U.S.C. 2291a(b) and 2346(e)), the Not later than 6 months after the date of
as of January 1, 2020 (except as modified by President shall transfer all unexpended bal- the enactment of this Act, and annually
State statutes applying to elections after ances of appropriations made available for thereafter, the Secretary of Homeland Secu-
such date); assistance to Gaza— rity shall submit a report to Congress that
‘‘(D) in the case of State that has a law (1) to the Department of Defense, to be describes—
providing for third-party observation of bal- available for grants to Israel for the Iron (1) the technology that has been authorized
lot counting, such ballot observation law is Dome short-range rocket defense system; or by U.S. Customs and Border Protection to
strictly followed in all instances; (2) to the Foreign Military Financing Pro- detect drug contraband entering the United
‘‘(E) the State complies with all require- gram authorized under section 23 of the States at or between ports of entry;
ments under title III; and Arms Export Control Act (22 U.S.C. 2763), to (2) the resources Congress has provided in
‘‘(F) the State has taken documented, af- be available for grants to Israel for the Iron furtherance of the technology described in
firmative measures to address— Dome short-range rocket defense system. paragraph (1);
‘‘(i) any prior failure to satisfy the require- (3) the technology that has been utilized at
ments of subparagraphs (A) through (E) that
SA 2009. Mr. HAGERTY submitted an the United States border to detect drug con-
is identified by the State legislature in a res- amendment intended to be proposed to traband entering the United States at or be-
olution (or other similar communication amendment SA 1502 proposed by Mr. tween ports of entry; and
submitted to Congress and the Comptroller SCHUMER to the bill S. 1260, to establish (4) the resources that the Department of
Homeland Security has expended in further-
General); or a new Directorate for Technology and
‘‘(ii) any prior specific, documented in- ance of such technology.
Innovation in the National Science
stance in which the State— Foundation, to establish a regional SA 2011. Mr. HAGERTY submitted an
‘‘(I) failed to enforce one or more of its technology hub program, to require a
election statutes; or amendment intended to be proposed to
‘‘(II) materially altered or changed its
strategy and report on economic secu- amendment SA 1502 proposed by Mr.
election procedures without a corresponding rity, science, research, innovation, SCHUMER to the bill S. 1260, to establish
state statutory enactment. manufacturing, and job creation, to es- a new Directorate for Technology and
‘‘(2) UNSOLICITED MAIL-IN BALLOTING.—For tablish a critical supply chain resil- Innovation in the National Science
purposes of paragraph (1)(B), the term ‘unso- iency program, and for other purposes; Foundation, to establish a regional
licited mail-in balloting’ means the process which was ordered to lie on the table; technology hub program, to require a
of sending ballots to a voter by mail if— as follows: strategy and report on economic secu-
‘‘(A) such ballot was not specifically re-
At the appropriate place, insert the fol- rity, science, research, innovation,
quested by the voter; or
lowing: manufacturing, and job creation, to es-
‘‘(B) the ballot request by the voter was
SEC. lll. PROTECTING AMERICANS AGAINST tablish a critical supply chain resil-
initiated by the mailing of a ballot applica- FENTANYL AND OTHER SYNTHETIC
tion not specifically requested by the voter. OPIOIDS. iency program, and for other purposes;
‘‘PART 8—PROHIBITION ON USE OF FUNDS (a) STATEMENT OF POLICY.—It is the policy which was ordered to lie on the table;
‘‘SEC. 299. PROHIBITION ON USE OF FUNDS. of the United States that all cabinet officials as follows:
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‘‘Notwithstanding any other provision of and other Government officers shall, in ad- In section 3291I(c), strike ‘‘a written re-
law, any amounts provided under this Act vancing American interests by working with port’’ and all that follows through ‘‘detailing
shall not be used in furtherance of any elec- other countries and international organiza- a description’’ and insert the following: ‘‘an
tion procedure that is not expressly set forth tions, advocate for treating fentanyl and unclassified written report, with a classified
in a statute enacted by the State legisla- other synthetic opioids as weapons of mass annex, that includes—
ture.’’. destruction. (1) a description
(b) CONFORMING AMENDMENT.—The table of (b) HOMELAND SECURITY ACT OF 2002.—Sec- In section 3291I, amend subsection (e) to
contents in section 1(b) of the Help America tion 1921 of the Homeland Security Act of read as follows:
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