Congressional Record, House, September 29, 2022 — PAVA Program Inclusion Act, S. 3969

Summary

This is the Congressional Record, House, September 29, 2022, from H8230, with interleaved columns of House floor debate and bill text. The bill text is S. 3969, the PAVA Program Inclusion Act, section 2 of which authorizes payments to voting accessibility protection and advocacy systems serving the Commonwealth of the Northern Mariana Islands and the American Indian Consortium by amending section 291 of the Help America Vote Act of 2002. It sets grant minimums of not less than $70,000 for the American Indian Consortium. The debate pages also include remarks by Members on a venue bill, antitrust cases, and the Government Publishing Office Director, with views attributed to the Members who spoke.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Congressional Record, House, September 29, 2022 — PAVA Program Inclusion Act, S. 3969.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-29-crec-2022-09-29-pt1-pgh8230-787a059951/, SHA-256 0708e2c5e0a7e24e162afaae41bc2c2807ddb544e16f7d24a514a82eafd3b98b.

Full text

H8230 CONGRESSIONAL RECORD — HOUSE September 29, 2022
me. The arguments in favor, I think, do about. I don’t really have anything to clusion Act’’ or the ‘‘PAVA Program Inclu-
not hold water. talk about with successful fantasy sion Act’’.
The Administrative Office of the football teams this weekend, so I am SEC. 2. AUTHORIZING PAYMENTS TO VOTING AC-
CESSIBILITY PROTECTION AND AD-
Courts has pointed out that the U.S. actually glad that my colleague VOCACY SYSTEMS SERVING THE
cases are not subject to transfer under brought up the Electoral College Act. COMMONWEALTH OF THE NORTH-
this section; and why is that? The De- What we saw in the Senate were ERN MARIANA ISLANDS AND THE
partment of Justice coordinates itself, some changes to their legislation that AMERICAN INDIAN CONSORTIUM.
unlike the separate attorneys general. we had requested the House majority (a) RECIPIENTS DEFINED.—Section 291 of the
I do think that the possibility of ad- Help America Vote Act of 2002 (52 U.S.C.
do when that bill passed the House last 21061) is amended—
verse outcomes is quite possible. Cer- week, so I am excited to see those (1) by redesignating subsection (c) as sub-
tainly, Mr. NEGUSE’s bill to raise fees is changes in the Senate. section (d); and
something I support. I am a cosponsor I am excited that the chairperson (2) by inserting after subsection (b) the fol-
of that bill. But if we reject the venue mentioned during our rules debate last lowing new subsection:
provisions, we will just go back and week that maybe we could have a con- ‘‘(c) ELIGIBLE GRANT RECIPIENTS.—
bring Mr. NEGUSE’s bill up later; so ference committee. That is a chance ‘‘(1) DEFINITION OF STATE.—For the pur-
that is what I would recommend. for bipartisan agreement on a very im- poses of this section, the term ‘State’ shall
I just want to say something further. have the meaning given such term in section
portant issue, so I look forward to see-
This venue rule is not just oriented to- 102 of the Developmental Disabilities Assist-
ing whether that opportunity presents ance and Bill of Rights Act of 2000 (42 U.S.C.
ward one sector of the economy. Mr. itself. 15002).
BUCK, the author, mentioned tech- But as we stand here today, Mr. ‘‘(2) AMERICAN INDIAN CONSORTIUM ELIGI-
nology yesterday, ‘‘Big Tech’’ was his Speaker, we are trying to put the Gov- BLE.—A system serving the American Indian
words. ernment Publishing Office Director in consortium for which funds have been re-
But this isn’t about technology. It is line with every other executive branch served under section 509(c)(1)(B) of the Reha-
any business that is a defendant in an appointed legislative branch employee, bilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B))
antitrust case. As I mentioned, the ini- like the Architect of the Capitol, like shall be eligible for payments under sub-
tiation was an electrical equipment section (a) in the same manner as a protec-
the Librarian of Congress. tion and advocacy system of a State.’’.
company. What is happening at the GPO has
But I think we should listen to what (b) GRANT MINIMUMS FOR AMERICAN INDIAN
garnered bipartisan support today, and CONSORTIUM.—Section 291(b) of such Act (52
people say. Mr. BUCK, in his remarks, we need to continue to see that U.S.C. 21061(b)) is amended—
said yesterday, Big Tech is crushing progress. (1) by inserting ‘‘(c)(1)(B),’’ after ‘‘as set
conservative speech, and that appears Mr. Speaker, I urge a ‘‘yes’’ vote on forth in subsections’’; and
to be his motivation. this bill, and I yield back the balance (2) by striking ‘‘subsections (c)(3)(B) and
Well, he quotes his friend, Senator (c)(4)(B) of that section shall be not less than
of my time.
CRUZ, and he says, the greatest threat $70,000 and $35,000, respectively.’’ and insert-
to democracy in this country is Big b 1045 ing the following: ‘‘subsection (c)(3)(B) shall
Tech; that Senator CRUZ agrees with Ms. LOFGREN. Mr. Speaker, I also not be less than $70,000, and the amount of
that. Well, really? I mean, Senator the grants to systems referred to in sub-
urge adoption of Senator BLUNT’s bill,
sections (c)(1)(B) and (c)(4) shall not be less
CRUZ, who voted not to amend the and I yield back the balance of my than $35,000.’’.
Electoral Count Act that was promoted time. SEC. 3. EFFECTIVE DATE.
by ROY BLUNT, the author of this; who The SPEAKER pro tempore. The The amendments made by section 2 shall
tried to overturn the election of 2020; question is on the motion offered by take effect at the start of the first fiscal
who says that moderating inflam- the gentlewoman from California (Ms. year starting after the date of the enactment
matory or dangerous content is a viola- LOFGREN) that the House suspend the of this Act.
tion of free speech or may be a viola- rules and pass the bill, S. 4791. The SPEAKER pro tempore. The bill
tion of antitrust. The question was taken; and (two- shall be debatable for 1 hour equally di-
I think that is the danger here; and I thirds being in the affirmative) the vided and controlled by the chair and
listened to Mr. BUCK because he said rules were suspended and the bill was ranking minority member on the Com-
this is about conservative speech. So I passed. mittee on House Administration or
think one potential outcome of this is A motion to reconsider was laid on their respective designees.
litigation that will be brought in favor- the table. The gentlewoman from California
able forums to try and prevent content f (Ms. LOFGREN) and the gentleman from
moderation. Illinois (Mr. RODNEY DAVIS) each will
If you are Infowars, and you are in- PROTECTION AND ADVOCACY FOR
VOTING ACCESS PROGRAM IN- control 30 minutes.
citing violence, I am hoping whatever The Chair recognizes the gentle-
platform you are on takes you down. CLUSION ACT
woman from California (Ms. LOFGREN).
That is not conservative speech or lib- Ms. LOFGREN. Mr. Speaker, pursu-
GENERAL LEAVE
eral speech, that is dangerous speech, ant to House Resolution 1396, I call up
and I do hope that we will see this for the bill (S. 3969) to amend the Help Ms. LOFGREN. Mr. Speaker, I ask
what it is. America Vote Act of 2002 to explicitly unanimous consent that all Members
Not every AG is a model of probity. authorize distribution of grant funds to may have 5 legislative days in which to
The Attorney General in Texas right the voting accessibility protection and revise and extend their remarks and in-
now is hiding from process servers and advocacy system of the Commonwealth clude extraneous material on S. 3969 in
has, as we know, some other legal prob- of the Northern Mariana Islands and the RECORD.
lems. the system serving the American In- The SPEAKER pro tempore. Is there
To suggest that every Attorney Gen- dian consortium, and for other pur- objection to the request of the gentle-
eral is going to be guided by principles poses, and ask for its immediate con- woman from California?
of law, as we would hope the Depart- sideration in the House. There was no objection.
ment of Justice and many of the AGs The Clerk read the title of the bill. Ms. LOFGREN. Mr. Speaker, I yield
are, would be a serious mistake. The SPEAKER pro tempore. Pursu- myself such time as I may consume.
I am glad to have had a moment to ant to House Resolution 1396, the bill is I rise in strong support of S. 3969, the
get into this very arcane issue because considered read. PAVA Program Inclusion Act.
there may not be time later today. The text of the bill is as follows: The bill before us today is a bipar-
Mr. Speaker, I reserve the balance of S. 3969 tisan, bicameral piece of legislation

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my time. Be it enacted by the Senate and House of Rep-
that makes an important technical
Mr. RODNEY DAVIS of Illinois. Mr. resentatives of the United States of America in correction in the Help America Vote
Speaker, I yield myself such time as I Congress assembled, Act’s Protection and Advocacy for Vot-
may consume. SECTION 1. SHORT TITLE. ing Access, or PAVA, program to ex-
I actually have some time left myself This Act may be cited as the ‘‘Protection plicitly include the Commonwealth of
and was debating on what to talk and Advocacy for Voting Access Program In- the Northern Mariana Islands and the

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September 29, 2022 CONGRESSIONAL RECORD — HOUSE H8231
system serving the American Indian Mr. Speaker, I include in the RECORD DC, University Legal Services/Disability
consortium as eligible recipients of a letter signed by all 57 protection and Rights D.C.
PAVA funding. advocacy systems expressing support DE, Community Legal Aid Society, Inc.
When Congress passed the Help FL, Disability Rights Florida.
for the bill, as well as a letter of sup- GA, Georgia Advocacy Office.
America Vote Act in 2002, it made sig- port from the National Disability GU, Guam Legal Services Corporation-Dis-
nificant changes to the country’s vot- Rights Network and a letter from the ability Law Center.
ing process, addressing needed im- designated protection and advocacy HI, Hawaii Disability Rights Center.
provements to voting systems and systems in California and Illinois, all IA, Disability Rights Iowa.
voter access identified in the wake of supporting this bill’s package. ID, Disability Rights Idaho.
the 2000 election. Since its enactment, JANUARY 28, 2020. IL, Equip for Equality.
Congress has provided billions of dol- Representative ZOE LOFGREN, IN, Indiana Disability Rights/Indiana Pro-
lars under HAVA to help States im- Chairwoman, House Administration Committee, tection & Advocacy Services.
prove voters’ access to the ballot, in- Washington, DC. KS, Disability Rights Center of Kansas.
KY, Kentucky Protection & Advocacy.
cluding hundreds of millions of dollars Representative RODNEY DAVIS,
Ranking Member, House Administration Com- LA, Advocacy Center.
in election security funds over fiscal MA, Disability Law Center.
years 2018, 2020, and 2022 and $400 mil- mittee, Washington, DC.
DEAR CHAIRWOMAN LOFGREN AND RANKING MD, Disability Rights Maryland.
lion under the CARES Act to help vot- ME, Disability Rights Maine.
MEMBER DAVIS: The undersigned 57 Protec-
ers access the ballot during the tion and Advocacy (P&A) Systems write MI, Michigan Protection and Advocacy
COVID–19 pandemic. today to express our support to amend the Service, Inc.
Amongst the numerous changes Help America Vote Act (HAVA) to explicitly MN, Minnesota Disability Law Center.
made, HAVA recognized the unique ob- authorize the distribution of Protection and MO, Missouri Protection & Advocacy Serv-
stacles persons with disabilities face at Advocacy for Voting Access (PAVA) program ices.
the polls, authorizing funding for the funds to the Northern Mariana Islands and MP, Northern Marianas Protection and Ad-
the American Indian Consortium P&As. vocacy System.
Protection and Advocacy for Voting MS, Disability Rights Mississippi.
Access program, otherwise known as P&A systems are federally mandated, and
pursue legal, administrative, and other ap- MT, Disability Rights Montana.
PAVA. The PAVA program funds ac- NA, Native American Disability Law Cen-
propriate remedies under all applicable fed-
tivities aimed at increasing access to ter.
eral and state laws to protect and advocate
the polls and the ballot for voters with for the rights of people with disabilities. NC, Disability Rights North Carolina.
disabilities, ensuring they have access There are a total of 57 P&As operating in ND, North Dakota Protection & Advocacy
to all aspects of the voting process, and every state, the District of Columbia, Puerto Project.
awarding funding to eligible protection Rico, and the U.S. Territories (American NE, Disability Rights Nebraska (formerly
and advocacy systems across the coun- Samoa, Guam, Northern Mariana Islands, Nebraska Advocacy Services).
and the U.S. Virgin Islands). There is also a NH, Disability Rights Center—NH.
try. NJ, Disability Rights New Jersey.
Since HAVA’s enactment, the mil- P&A affiliated with the American Indian
Consortium serving Native Americans with NM, Disability Rights New Mexico.
lions of dollars in funding allocated NV, Nevada Disability Advocacy and Law
under the PAVA program allows pro- disabilities in the Four Corners region of the
Southwest. Center.
tection and advocacy systems across In 2002, Congress passed HAVA acknowl- NY, Disability Rights New York.
the country to conduct activities such edging the unique obstacles people with dis- OH, Disability Rights Ohio.
as disability training for poll workers, abilities face at the polls, and authorized OK, Oklahoma Disability Law Center, Inc.
maintaining voting hotlines, exam- funding for the PAVA program. The PAVA OR, Disability Rights Oregon.
ining polling places for accessibility, program allows P&As to advocate on behalf PA, Disability Rights Pennsylvania.
PR, Executive Office of the Commonwealth
and even more. of voters with disabilities to ensure that
they have access to all aspects of the Amer- of Puerto Rico.
There are 57 protection and advocacy
ican voting process. PAVA program funds RI, Disability Rights Rhode Island.
systems across the 50 States, the Dis- SC, Protection & Advocacy for People with
trict of Columbia, Puerto Rico, the allow P&As to conduct disability training to
poll workers, distribute resources on how to Disabilities, Inc.
U.S. Virgin Islands, Guam, American SD, Disability Rights South Dakota d/b/a
conduct an accessible campaign, maintain
Samoa, and the Commonwealth of the voting hotlines, examine polling places for South Dakota Advocacy Services.
Northern Mariana Islands, as well as accessibility, and much more throughout the TN, Disability Rights Tennessee.
the American Indian consortium. The year. TX, Disability Rights Texas.
P&A affiliated with the American In- PAVA program funding is currently award- UT, Disability Law Center.
dian consortium serves Native Ameri- ed to ‘‘eligible’’ P&As across the country. VA, disAbility Law Center of Virginia.
Unfortunately, because HAVA includes spe- VI, Disability Rights Center of the Virgin
cans with disabilities in the Four Cor-
cific language about ‘‘states’’ only 55 out of Islands.
ners region of New Mexico, Arizona, VT, Disability Rights Vermont.
Colorado, and Utah. the 57 P&As are currently eligible for PAVA
program funding. The Northern Mariana Is- WA, Disability Rights Washington
P&As are federally mandated and WI, Disability Rights Wisconsin.
lands and the American Indian Consortium
protect the rights of persons with dis- WV, Disability Rights of WV.
P&As do not receive PAVA funding since
abilities through legally based advo- they are not considered states and therefore WY, Wyoming Protection & Advocacy Sys-
cacy. Unfortunately, HAVA’s defini- have been ineligible for PAVA funding since tem, Inc.
tion excluded the protection and advo- HAVA passed. --
cacy systems serving the Northern It was always the intent for all 57 P&As to NATIONAL DISABILITY
Mariana Islands and the American In- participate in the PAVA program. Thus, we RIGHTS NETWORK,
dian consortium serving the Four Cor- support Congress passing legislation that Washington, DC, May 11, 2022.
ners region. I don’t think we intended would provide a long overdue technical fix Hon. ZOE LOFGREN,
explicitly authorizing the distribution of Chair, Committee on House Administration,
that, and this bill fixes that.
grant funds to the Northern Mariana Islands Washington, DC.
Reintroduced this Congress by our
and American Indian Consortium P&As. Hon. RODNEY DAVIS,
colleague, Representative RUBEN Thank you for your work on this impor- Ranking Member, Committee on House Adminis-
GALLEGO of Arizona, and our former tant topic and consideration of a technical tration, Washington, DC.
House colleague, Senator BEN RAY fix. DEAR CHAIR LOFGREN AND RANKING MEM-
LUJÁN of New Mexico, S. 3969 puts the Sincerely, BER DAVIS: On behalf of the nationwide net-
P&As serving the Northern Mariana Is- AK, Disability Law Center of Alaska. work of Protection and Advocacy (P&A)
lands and the American Indian consor- AL, Alabama Disabilities Advocacy Pro- agencies we represent, The National Dis-
tium on equal footing with all 55 other gram (ADAP). ability Rights Network (NDRN) writes today
P&As. It does so without changing the AR, Disability Rights Arkansas, Inc. to strongly urge that the full House swiftly

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AS, Office of Protection and Advocacy for pass S. 3969, the Protection and Advocacy for
program’s overall authorization level Persons with Disabilities. Voting Access (PAVA) Inclusion Act which
or other elements of the program. AZ, Arizona Center for Disability Law. passed the Senate unanimously on March 30.
Fixing this oversight will help ensure CA, Disability Rights California. P&A systems are federally mandated, and
all voters with disabilities, regardless CO, Center for Legal Advocacy d/b/a Dis- pursue legal, administrative, and other ap-
of where they live, can fully partici- ability Law Colorado. propriate remedies under all applicable fed-
pate in the electoral process. CT, Disability Rights Connecticut. eral and state laws to protect and advocate

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H8232 CONGRESSIONAL RECORD — HOUSE September 29, 2022
for the rights of people with disabilities. obstacles people with disabilities face at the bill today makes an important correc-
There are 57 P&As operating in every state, polls, and authorized funding for the PAVA tion to ensure that both the Common-
the District of Columbia, Puerto Rico, and program. The PAVA program allows P&As to wealth of the Northern Mariana Islands
the U.S. Territories (American Samoa, advocate on behalf of voters with disabilities
Guam, Northern Mariana Islands, and the and the American Indian consortium
to ensure that they have access to all as-
U.S. Virgin Islands). There is also a P&A af- pects of the American voting process. PAVA are included as eligible recipients for
filiated with the American Indian Consor- program funds allow P&As to conduct dis- the first time.
tium serving Native Americans with disabil- ability training to poll workers, distribute This bill, as mentioned by my col-
ities in the Four Corners region of the resources on how to conduct an accessible league, sponsored by my good friend,
Southwest. campaign, maintain voting hotlines, exam- Senator ROY BLUNT, passed the Senate
In 2002, Congress passed HAVA acknowl- ine polling places for accessibility, and much
edging the unique obstacles people with dis-
by unanimous consent, and Repub-
more throughout the year. licans on the Committee on House Ad-
abilities face at the polls, and authorized PAVA program funding is currently award-
funding for the PAVA program. The PAVA ministration are supportive of these
ed to ‘‘eligible’’ P&As across the country.
program allows P&As to advocate on behalf Unfortunately, because HAVA included spe- changes and have no issues with the
of voters with disabilities to ensure that cific language about ‘‘states’’ only 55 out of bill.
they have access to all aspects of the Amer- To be honest, I am somewhat dis-
the 57 P&As are currently eligible for PAVA
ican voting process. PAVA program funds appointed that my colleagues in the
funding. The Northern Mariana Islands and
allow P&As to conduct disability training to
poll workers, distribute resources on how to
the American Indian Consortium P&As do majority on the Committee on House
not receive PAVA funding since they are not Administration have chosen not to
conduct an accessible campaign, maintain
considered states and therefore have been in- pass this bill under suspension. For
voting hotlines, examine polling places for
eligible for PAVA funding since HAVA months, our staffs have been working
accessibility, and much more throughout the
passed.
year. together to pair the PAVA Program In-
PAVA program funding is currently award- It was always the intent for all 57 P&As to
participate in the PAVA program. Thus, we clusion Act with H.R. 8517, the Con-
ed to ‘‘eligible’’ P&As across the country.
support the House passing S. 3969, which firmation of Congressional Observer
Unfortunately, because HAVA included spe-
cific language about ‘‘states’’ only 55 out of would provide a long overdue technical fix to Access Act, a noncontroversial bill
the 57 P&As are currently eligible for PAVA explicitly authorize the distribution of grant brought forward by Subcommittee on
funding. The Northern Mariana Islands and funds to the Northern Mariana Islands and Elections Ranking Member BRYAN
the American Indian Consortium P&As do American Indian Consortium P&As. STEIL.
not receive PAVA funding since they are not Thank you for all your work on protecting Both bills make nonpartisan, non-
considered states and therefore have been in- the rights of people with disabilities to vote
privately and independently.
controversial amendments to HAVA.
eligible for PAVA funding since HAVA Mr. STEIL’s bill doesn’t change Federal
passed. Sincerely,
NDRN has expressed the crucial need for ANDREW J. IMPARATO, law or practice but simply provides a
the enactment of the PAVA Inclusion Act on Executive Director, citation of convenience for existing law
multiple occasions, including in written and Disability Rights California. that gives the House authority to de-
spoken testimony before House committees. CHERYL JANSEN, ploy official observers to watch the
Additionally, all 57 P&As signed a 2020 letter Director, Public Policy, conduct of congressional elections in
of support for this legislation to both the Equip for Equality. the States and territories.
Chair and Ranking Member of the Com- Ms. LOFGREN. Mr. Speaker, lan- Both Democrats and Republicans
mittee on House Administration. Most re- guage making this correction has
cently, in a Report of the Interagencv Steer-
have long deployed House staff as elec-
ing Group on Native American Voting was
passed the House twice this Congress in tion observers to monitor congres-
published by the White House, calling on pol- other legislation, and it should be en- sional elections. Sometimes, our ob-
icymakers to ‘‘consider revisiting that limi- acted into law. servers have had access difficulties, in-
tation, to ensure that these entities can also The Senate passed this bill by unani- cluding in a widely publicized event in
equitably access HAVA funds to serve voters mous consent in March, and passing it Maricopa County, Arizona, 2 years ago.
with disabilities in their areas’’. in the House today will ensure that it So, we listened when many State and
It was always the intent for all 57 P&As to will go to the President’s desk to be-
participate in the PAVA program. Thus, we
local election officials asked Congress
support the House passing S. 3969, which come law. to speak more clearly about this con-
would provide a long overdue technical fix to Mr. Speaker, I urge my colleagues to stitutional exercise so they can more
explicitly authorize the distribution of grant support this bill, and I reserve the bal- readily provide access for our observ-
funds to the Northern Mariana Islands and ance of my time. ers, which is why our committee staffs
American Indian Consortium P&As. Mr. RODNEY DAVIS of Illinois. Mr. had agreed in principle to move both
Thank you for all your work on protecting Speaker, I yield myself such time as I bills together.
the rights of people with disabilities to vote may consume.
privately and independently. That was until just a few weeks ago
Sincerely,
Mr. Speaker, it is a different day here when the Democrats’ staff said they
CURT DECKER, J.D., on the House floor for a debate over a had issues. But when my staff reached
Executive Director. bill with Committee on House Admin- out, they couldn’t say what those
-- istration jurisdiction. I once again issues were and met my staff with si-
SEPTEMBER 19, 2022. agree with the majority that this is a lence.
Hon. NANCY PELOSI, good piece of legislation, albeit I was a We gave Democrats another oppor-
Speaker, House of Representatives, little concerned when my colleague tunity to bring these bills up together
Washington, DC.
just mentioned that officials in Cali- during Rules Committee earlier this
Hon. KEVIN MCCARTHY,
Minority Leader, House of Representatives, fornia and Illinois support this bill. I week when Mr. STEIL offered an amend-
Washington, DC. had to take a step back and realize, ment to include his election observer
Hon. ZOE LOFGREN, well, maybe I will talk to my team bill, but it was rejected along party
Chair, Committee on House Administration, about who those officials are before I lines.
Washington, DC. offer my wholehearted support. Now, we are here on the House floor
Hon. RODNEY DAVIS, But in all seriousness, Mr. Speaker, talking about a bill that should have
Ranking Member, Committee on House Adminis- as part of the Help America Vote Act passed under suspension alongside Con-
tration, Washington, DC.
DEAR SPEAKER PELOSI, MINORITY LEADER
created in 2002, Congress authorized gressman STEIL’s commonsense bill to
MCCARTHY, CHAIR LOFGREN, AND RANKING funding for the Protection and Advo- ensure integrity and faith in our elec-
MEMBER DAVIS: On behalf of Disability cacy for Voting Access program to help tions.
Rights California and Equip for Equality, the ensure every eligible American, regard- While I will support the bill before us
designated Protection and Advocacy (P&A) less of their abilities, can participate today, I urge my Democrat colleagues

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systems in California and Illinois, we write in the election process and cast their in the majority to quickly bring for-
to strongly urge that the full House swiftly ballot privately and independently. ward the Confirmation of Congres-
pass S. 3969, the Protection and Advocacy for
Funds for the PAVA program are sional Observer Access Act for a vote,
Voting Access (PAVA) Inclusion Act which
passed the Senate unanimously on March 30. currently allocated to only 55 of 57 le- as well.
In 2002, Congress passed the Help America gally established protection and advo- I was encouraged by comments ear-
Vote Act (HAVA) acknowledging the unique cacy systems across the country. The lier this week at the Committee on

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September 29, 2022 CONGRESSIONAL RECORD — HOUSE H8233
Rules by my good friend, the chair of clude, as noted, the Commonwealth of voices heard in our democracy. That is,
the Subcommittee on Elections, Con- the Northern Mariana Islands and the after all what our democracy is about.
gressman G.K. Butterfield, about Mr. American Indian consortium as eligible The PAVA Program Inclusion Act
STEIL’s good piece of legislation and recipients of funding that would help helps accomplish both of those goals,
continue to hope we can work together improve voting access for people with and that is why I am proud to bring it
on a bipartisan basis to make it law. disabilities. to the floor today.
Mr. Speaker, I reserve the balance of Originally, this bill was to be paired Specifically, this bill would improve
my time. with the Confirmation of Congressional access to the ballot for Americans with
Ms. LOFGREN. Mr. Speaker, I yield 2 Observer Access Act on the suspension disabilities who live in the Northern
minutes to the gentleman from Ari- calendar, and I must note that I am Mariana Islands—clearly, we want
zona (Mr. GALLEGO), the proponent of pretty disappointed we are not also those included—and our Native Amer-
this legislation. moving forward with the Congressional ican Tribal lands in the Four Corners
Mr. GALLEGO. Mr. Speaker, I rise Observer Access Act. region of the southwest, which we also
today to urge my colleagues to vote I introduced this bill with the sup- expected we had done.
‘‘yes’’ on my and Senator LUJÁN’S bill, port of Ranking Member DAVIS in July, This bill expands key programs first
the PAVA Program Inclusion Act. and I believe that it is a missed oppor- laid out in the Help America Vote Act,
This bill is based on a simple prin- tunity to increase Americans’ public also known as HAVA, that provided
ciple that every American should have trust in our elections. funding to regional protection and ad-
equal access to vote, no matter where The Congressional Observer Access vocacy systems to assist people with
they are from. Act would simply have clarified that disabilities in the voting process.
S. 3969 makes a long-overdue fix to designated congressional election ob- Although HAVA intended to provide
the Protection and Advocacy for Vot- servers—that is, individuals who have funding for this important purpose to
ing Access program to improve voting been designated in writing by Con- all protection and advocacy systems
access for Native and rural voters with gress—would have the access they need across the country, a technical over-
disabilities in Arizona, the Four Cor- to observe the administration of Fed- sight, as has been mentioned, led to the
ners region, and the Northern Mariana eral elections. exclusion of these two regions. Today’s
Islands. This is not a partisan bill. In fact, legislation would correct that error
The PAVA program was first passed Congress already has this authoriza- and help us realize HAVA’s original vi-
20 years ago to break down barriers tion under the Constitution. This sion.
that Americans with disabilities face straightforward bill would have pro- I was proud to serve as the principal
while exercising the most sacred right vided clarity, which our State and House sponsor, as I said, of HAVA back
of all Americans, the right to vote. local election officials requested in in 2002 along with Bob Ney, who was
This program improves ADA compli- order to provide observer access more the Republican chair of the House Ad-
ance at polling locations, voting proce- readily. ministration Committee and a very
dures for blind or deaf Americans, and I am disappointed that my colleagues good friend of mine. We are prepared to
training for poll workers to help Amer- on the other side of the aisle walked celebrate its 20th anniversary later
icans with disabilities cast their votes. away from doing these bills on suspen- this month. I am glad to see that the
Unfortunately, due to an oversight in sion, and I encourage them to work groundbreaking law continues to
the original Help America Vote Act, with Ranking Member DAVIS and my- evolve and be strengthened by Con-
voters with disabilities in the Northern self to get this passed as soon as pos- gress.
Mariana Islands and in the rural, large- sible. We must work together to take HAVA was based on the principle
ly Tribal Four Corners region of Ari- commonsense steps that promote elec- that the integrity of our democracy de-
zona, New Mexico, Utah, and Colorado tion integrity. pends on the accessibility and accuracy
were not included in this critical pro- Ms. LOFGREN. Mr. Speaker, I yield 1 of our electoral system. I brought to-
gram. minute to the gentleman from Mary- gether a bipartisan coalition to enact
That means for years, Americans land (Mr. HOYER), our majority leader. that legislation in order to establish a
with disabilities living in these regions Mr. HOYER. Mr. Speaker, I would in- number of commonsense policies that
have not received the investments they dicate to Chair LOFGREN that perhaps make voting easier and more secure,
need to ensure they can access the bal- we can yield to the ranking member from reliable voting equipment to ex-
lot. because he would like to yield me 1 panded provisional ballot access,
That is especially hard in northeast minute, I am sure. HAVA and the bipartisan Election As-
Arizona, which is largely Indian Coun- Mr. Speaker, I rise in support of this sistance Commission—which I strongly
try, where voters already often travel legislation. I was the sponsor of HAVA. support, and I am glad to see that we
hours to get to the polling location, Republicans were in charge, and I are investing in—make our Federal
sometimes to find that it is not acces- worked very closely with my friend participation more broad and more ef-
sible to them. That must change. Bob Ney on HAVA. It was legislation fective.
This bill is a necessary step to bring that was called by The Washington Today’s bill reminds us, however,
resources to Native and other rural Post as the greatest reform legislation that HAVA must continue to adapt to
voters with disabilities who are trying in 25 years since the civil rights bill. new needs and challenges. I very much
to do their civic duty. That may have been some hyperbole, appreciate the efforts of Chair ZOE
Mr. Speaker, I strongly urge all of but it was a good bill. LOFGREN, the gentlewoman from Cali-
my colleagues, Republican and Demo- This bill corrects, essentially, a fault fornia, who has worked so hard on vot-
crat, to vote ‘‘yes’’ and reaffirm the that we made in terms of its inclusive- ing rights issues as head of the House
importance of voting access to every- ness. The bill before us concerns two Administration Committee, and I
one in our democracy. critical objectives that have been cen- thank the ranking member Mr. DAVIS,
Mr. RODNEY DAVIS of Illinois. Mr. tral to my work here in the House. as well. I thank Senator LUJÁN, our
Speaker, I yield such time as he may The first is ensuring that those with former House colleague, for authoring
consume to the gentleman from Wis- disabilities have equal access to the this bill and advancing it through the
consin (Mr. STEIL), my good friend. same opportunities as their fellow Senate.
Americans. On July 26, we celebrated We must do everything in our power
b 1100 the passage of the Americans with Dis- to ensure that people with disabilities,
Mr. STEIL. Mr. Speaker, I thank my abilities Act signed by President especially those from historically

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friend from the great State of Illinois George H.W. Bush, a very bipartisan marginalized groups such as Native
for yielding me time. piece of legislation that has made a Americans and Pacific Islanders, can
Mr. Speaker, I support the Protec- historical difference. participate equally and fully in our de-
tion and Advocacy for Voting Access The second is ensuring that all eligi- mocracy.
Program Inclusion Act, which makes a ble voters in America have access to Mr. Speaker, that is why I ask all of
simple technical fix. It would now in- the ballot box and can make their my colleagues to vote ‘‘yes.’’

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H8234 CORRECTION CONGRESSIONAL RECORD — HOUSE September 29, 2022
Mr. RODNEY DAVIS of Illinois. Mr. We have agreement on this bill from tect disabled voters in the Northern
Speaker, could I make a quick point of the Senate, and that is a good thing. I Mariana Islands and the American In-
personal privilege? should note that we have had discus- dian consortium, that they will have
Is there any way to get the time of sions, primarily at a staff level, on the the same access to funding as all the
that ‘‘magic minute’’ this time? I want election observer measure mentioned others, and I urge support.
to sign a printout from the CONGRES- by the ranking member and Mr. STEIL. Mr. Speaker, I yield back the balance
SIONAL RECORD for my good friend from We continue to evaluate the proposal, of my time.
Maryland. but we found a few concerns. I will Mr. SABLAN. Mr. Speaker, S. 3969, the
The SPEAKER pro tempore. The gen- mention them now. It is not arbitrary. Protection and Advocacy for Voting Access
tleman may consult the majority lead- The proposed legislation does provide Program Inclusion Act, will provide federal
er to ask him to look at his watch. broad access, statutory access, to ob- funding to help my district, the Northern Mar-
Mr. RODNEY DAVIS of Illinois. Mr. servers, but it doesn’t provide the abil- iana Islands, lower the accessibility barriers
Speaker, I yield myself such time as I ity of election officials to protect pri- that prevent individuals with disabilities from
may consume. vate, personally identifiable informa- exercising their right to vote.
Mr. Speaker, I appreciate the oppor- tion of voters, and we think that needs The right to vote is the bedrock of our de-
tunity to ask Majority Leader HOYER to be addressed. mocracy. Yet simply having the right to vote
about his time. The same section prohibits election does not ensure that every citizen is able to
I have somewhat become used to officials from interfering ‘‘with the access the polls to cast their ballot. While the
being the antagonist to some of the elections administration process.’’ The Help America Vote Act of 2002 has been in-
majority’s legislation when it comes to text doesn’t give election officials the strumental in improving the accessibility of
election administration, which I think ability to remove observers if they are polling places for voters with disabilities, the
has been so shortsighted on its impact disruptive, and regrettably, we have Act currently cannot distribute program grants
to the American people. But this is one seen across the country instances to the Marianas and the American Indian Con-
of those opportunities where we see where advocates became aggressive, sortium.
good legislation come from the Senate, even in some cases—well, I will leave it S. 3969 corrects that. The bill adds the Mar-
and this is an opportunity for us to at that—aggressive towards election ianas and the American Indian Consortium to
show the American people that Repub- officials. There has to be a capacity to entities eligible for grants under the Protection
deal with that. and Advocacy for Voting Access program.
licans and Democrats can get along
We haven’t had a hearing or markup PAVA supports training for poll workers, dis-
and pass important bills that are going
on this. It is possible we will. But I tributing resources on how to conduct an ac-
to positively impact those who are dis-
didn’t want to leave this just dangling cessible campaign, maintaining voting hot-
abled, and ensure that every single per-
out there. lines, and examining polling places for acces-
son who may be dealing with a dis-
Mr. RODNEY DAVIS of Illinois. Will sibility.
ability in this country and in our terri- S. 3969 is the Senate companion to H.R.
the gentlewoman yield?
tories has the right to vote, the eligi- Ms. LOFGREN. I yield to the gen- 7326, which Rep. Ruben Gallego and I intro-
bility to vote, and the opportunity to tleman from Illinois. duced in this Congress. I want to thank Sen-
vote. That is what this bill does. Mr. RODNEY DAVIS of Illinois. Mr. ators BEN RAY LUJÁN, ROY BLUNT, AMY KLO-
Really, I have got to thank again my Speaker, I thank the gentlewoman for BUCHAR, TINA SMITH, and MARTIN HEINRICH for
colleague, ROY BLUNT, Senator BLUNT, yielding. introducing S. 3969 and their work to pass the
who used to be in leadership in this in- This is the first time we have heard bill unanimously in the Senate.
stitution, as many of us know and re- these concerns, on the House floor I also want to thank Representatives TOM
member so well. I thank him for bring- today. We have not had any discussion O’HALLERAN, JOHN CURTIS, and TERESA LEGER
ing Republicans and Democrats on the between our staffs. I would have loved FERNANDEZ for their cosponsorship of H.R.
House Administration Committee and to have worked through some of these. 7326.
Leader HOYER and I together on this Ms. LOFGREN. Reclaiming my time. I urged my colleagues to support this bipar-
very important issue. My staff indicates that there have been tisan legislation.
I wish he would have come in earlier discussions. Obviously, that was at a Ms. JACKSON LEE. Mr. Speaker, I rise in
on some other issues, we might have staff level. But I have outlined what strong support of S. 3969, the ‘‘Protection and
had a little more bipartisan agreement. the concerns are, and I would at this Advocacy for Voting Access Program Inclusion
I will have to talk to him about that point like to close so that we can let Act’’ which would remedy a specific situation
and ask him why he didn’t do that. the House get to its other business. to ensure that citizens who have the right to
Mr. Speaker, I thank my friends, To go on suspension, both sides of the vote can do so without having to worry about
Leader HOYER and Chairperson LOF- aisle need to agree, and I think that is barriers.
GREN, and I thank the staff for pushing a very important provision of our pro- Voting is a fundamental right that belongs to
this important bill forward. cedures that will continue, whichever ALL citizens of the United States. In 2002,
I am disappointed and optimistic party is in the majority, and that was former President Bush signed into law the
that we did not get the election ob- how this ended up. Because that bill Help America Vote Act of 2002, also known as
server fixes that both parties want and really is not necessarily connected HAVA, to upgrade aspects of states’ election
need and election administrators with this PAVA bill. I will talk about procedures. It amended state plans and re-
throughout the country have asked us another bill that is not connected with porting, accessibility, and voting system stand-
to address. I am disappointed that was the PAVA bill, and that is the venue ards.
not part of a suspension agreement, bill I mentioned earlier this morning. While the Help America Vote Act of 2002 in-
where this bill should have been. I am I forgot to mention, and I put it into tended to accomplish voter accessibility and
cautiously optimistic with the great the RECORD last night, that the Pro- encouraging voting across the nation by ad-
opportunity for bipartisanship that we gressive Policy Institute, as well as the dressing the accessibility issues most United
are seeing here today that maybe it chamber of commerce, opposes that States citizens face, it failed to cover the en-
can continue after today. I won’t hold venue provision. I do think the fact tire population adequately.
my breath, but I will continue to re- that Senator CRUZ, Senator COTTON, Specifically, HAVA did not address the
main optimistic and, hopefully, see Senator HAWLEY, Mr. BUCK and Mr.

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needs of certain nonmainland territories, ulti-
that moving forward very quickly. GAETZ are for it doesn’t persuade me mately resulting in certain communities being
Mr. Speaker, I thank Congressman that it is a safe measure to move for- unable to participate in the foundational right
STEIL for his remarks, and I thank ward to, even though I very much sup- that our democracy is built on.
Leader HOYER and, also, again, my port the Neguse bill. If this does not The Northern Mariana Islands and American
good friend, Mr. BLUNT, for all their pass today, I am sure the Neguse bill Indian Consortium have limited accessibility in
hard work. will come back because we do need re- voting, as they are not currently protected by
Mr. Speaker, I yield back the balance sources to enforce our antitrust laws. I the HAVA.
of my time. am totally on board with that. The Protection and Advocacy for Voting Ac-
Ms. LOFGREN. Mr. Speaker, I yield Mr. Speaker, I hope that we will pass cess Program Inclusion Act, also known as
myself such time as I may consume. this bill from the Senate that will pro- PAVA Inclusion Act, aims to amend the Help

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September 29, 2022 CONGRESSIONAL RECORD — HOUSE H8235
America Vote Act of 2002 by introducing the ensure access to mental health and capacity to enforce the parity law, in-
State Definition initialized in the Development substance use disorder benefits, with cluding providing authority to impose
Disabilities Assistance and Bill of Rights Act of Mr. RUSH in the chair. civil monetary penalties for violations.
2000 which allows the Help America Vote of The Clerk read the title of the bill. Notably, the same recommendations
2002 to cover Northern Mariana Islands citi- The CHAIR. Pursuant to the rule, the were made by former President
zens. bill is considered read the first time. Trump’s Commission on Combating the
Additionally, this bill seeks to establish a General debate shall be confined to Opioid Crisis, which was led by then-
system to serve the American Indian Consor- the bill and shall not exceed 1 hour New Jersey Governor, Chris Christie.
tium, granting them protection under the equally divided and controlled by the In response to these violations and
HAVA act in a similar manner to a State as chair and ranking minority member of the national mental health crisis, I in-
mentioned prior. the Committee on Education and Labor troduced the Mental Health Matters
With these two communities protected by or their respective designees. Act, which includes proposals cham-
The gentleman from California (Mr. pioned by several committee members.
PAVA, they will now receive the much-re-
DESAULNIER) and the gentlewoman This legislation helps Head Start
quested grants that will enable them to meet
from North Carolina (Ms. FOXX) each agencies implement evidence-based
the voting needs of their citizens. With these
will control 30 minutes. interventions to improve the behav-
grants, systems will be able to overcome voter The Chair recognizes the gentleman
obstacles such as any language barriers. ioral health of children and staff in
from California.
Mr. Speaker, I urge my fellow Mr. DESAULNIER. Mr. Chair, I yield Head Start programs.
Congressmembers to vote in support of the It improves trauma-informed serv-
myself such time as I may consume.
PAVA Inclusion Act. Without the PAVA Inclu- Mr. Chairman, the COVID–19 pan- ices in schools by developing innova-
sion Act, eligible voters residing on the North- demic has exacerbated the mental tive initiatives to link schools and
ern Mariana Islands and in the American In- health crisis among American stu- local educational agencies with local
dian Consortium are faced with unsurmount- dents, educators, and families. trauma-informed support and mental
able challenges in exercising their rights to In 2021, 44 percent of students experi- health systems.
vote. enced persistent feelings of hopeless- It requires colleges and universities
The SPEAKER pro tempore. All time ness; almost 20 percent seriously con- to accept existing documentation of
for debate has expired. sidered suicide; and 9 percent of Amer- disability and provide reasonable ac-
Pursuant to House Resolution 1396, ican kids attempted suicide. commodations so disabled students can
the previous question is ordered on the Regrettably, 80 percent of youth in achieve success in higher education.
bill. need of mental health services do not It also provides the Department of
The question is on the third reading have the access to heal in their com- Labor with enhanced authority to en-
of the bill. munities. As a result, educators have sure that private, employer-sponsored
The bill was ordered to be read a been forced to play an outsized role in group health plans and insurers comply
third time, and was read the third supporting and responding to students’ with the mental health parity and re-
time. mental health needs, leading to in- lated laws.
The question is on passage of the bill. creased depression and trauma among The bill ensures workers who are
The question was taken; and the educators, their students, their fami- wrongfully denied health or retirement
Speaker pro tempore announced that lies, and the community. However, our benefits under their job-based plans
the ayes appeared to have it. schools do not have the specialized have meaningful access to the courts.
A motion to reconsider was laid on staff necessary to respond to the in- And finally, this legislation directs
the table. creased prevalence and complexity of the Department of Education to award
students’ mental health needs. grants to build a pipeline of school-
f
According to a 2019 ACLU study, no based mental health service providers
b 1115 State met the student-to-social worker and increase the number of mental
ratio of one social worker for every 250 health professionals serving in elemen-
MENTAL HEALTH MATTERS ACT
students, as recommended by the Na- tary and secondary schools in high-
GENERAL LEAVE need areas.
tional Association of Social Workers.
Mr. DESAULNIER. Madam Speaker, I Not one State. Mr. Chairman, simply put, the Men-
ask unanimous consent that all Mem- On top of that, the national ratio of tal Health Matters Act delivers the re-
bers may have 5 legislative days in school psychologists per students dur- sources students, educators, and fami-
which to revise and extend their re- ing the 2020–2022 school years was one lies need to improve their well-being.
marks and insert extraneous material psychologist per every 1,162 students— Mr. Chair, I urge my colleagues to
on H.R. 7780, the Mental Health Mat- more than double the ratio rec- support this legislation, and I reserve
ters Act. ommended by the National Association the balance of my time.
The SPEAKER pro tempore (Ms. of School Psychologists. Clearly, this Ms. FOXX. Mr. Chairman, I yield my-
JACKSON LEE). Is there objection to the is unacceptable. self such time as I may consume, and I
request of the gentleman from Cali- The rise in mental health challenges thank my good friend from California
fornia? is not isolated to students and edu- for yielding time.
There was no objection. cators. Nearly half of the United States Mr. Chairman, H.R. 7780, the Mental
The SPEAKER pro tempore. Pursu- workforce now suffers from mental Health Matters Act, is a package of
ant to House Resolution 1396 and rule health issues since the COVID–19 pan- bills our country would be better off
XVIII, the Chair declares the House in demic started. Yet, many workers are without. For example, Title VI of the
the Committee of the Whole House on denied the mental health and sub- bill, the Strengthening Behavioral
the state of the Union for the consider- stance use disorder benefits they are Health Benefits Act, contains dan-
ation of the bill, H.R. 7780. legally entitled to receive under their gerous policy which would threaten ac-
The Chair appoints the gentleman employer-sponsored health plan. cess to critical workplace benefits.
from Illinois (Mr. RUSH) to preside over In a recent report to Congress, the How would this legislation drive em-
the Committee of the Whole. Departments of Labor, Health and ployers to drop benefits? H.R. 7780 al-
Human Services, and the Treasury lows the Department of Labor, DOL, to
b 1118
found widespread violations of the levy civil monetary penalties against
IN THE COMMITTEE OF THE WHOLE Mental Health Parity and Addiction plans and employers for ambiguous
Accordingly, the House resolved Equity Act by group health plans. Un- mental health parity violations.

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itself into the Committee of the Whole fortunately, some of these plans are Employers who offer mental health
House on the state of the Union for the failing to maintain parity between be- benefits under the Employee Retire-
consideration of the bill (H.R. 7780) to havioral health benefits and physical ment Income Security Act, ERISA, do
support the behavioral needs of stu- health benefits as required by statute. so voluntarily. They should not be pe-
dents and youth, invest in the school- The report recommended that Con- nalized for violating standards that are
based behavioral health workforce, and gress enhance the Secretary of Labor’s unclear and vague. Republicans and

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