This Act may be cited as the “Ensuring Faith in Our Elections Act”.

The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

(a) Sense of Congress.—It is the sense of Congress that constitutional scholar Robert Natelson has done invaluable work with respect to the history and understanding of the Elections Clause.

(b) Findings.—Congress finds the following:

(1) The Constitution reserves to the States the primary authority to set election legislation and administer elections—the “times, places, and manner of holding of elections”—and Congress’ power in this space is purely secondary to the States’ power and is to be employed only in the direst of circumstances. History, precedent, the Framers’ words, debates concerning ratification, the Supreme Court, and the Constitution itself make it exceedingly clear that Congress’ power over elections is not unfettered.

(2) The Framing Generation grappled with the failure of the Articles of Confederation, which provided for only a weak national government incapable of preserving the Union. Under the Articles, the States had exclusive authority over Federal elections held within their territory; but, given the difficulties the national government had experienced with State cooperation (e.g., the failure of Rhode Island to send delegates to the Confederation Congress), the Federalists, including Alexander Hamilton, were concerned with the possibility that the States, in an effort to destroy the Federal Government, simply might not hold elections or that an emergency, such as an invasion or insurrection, might prevent the operation of a State’s government, leaving the Congress without Members and the Federal Government unable to respond.

(3) Quite plainly, Alexander Hamilton, a leading Federalist and proponent of our Constitution, understood the Elections Clause as serving only as a sort of emergency fail-safe, not as a cudgel used to nationalize our elections process. Writing as Publius to the people of New York, Hamilton further expounds on the correct understanding of the Elections Clause: “T[he] natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes the national legislature to regulate, in the last resort, the election of its own members.”. Alexander Hamilton (writing as Publius), Federalist no. 59, Concerning the Power of Congress to Regulate the Election of Members, N.Y. PACKET (Fri., Feb. 22, 1788).

(4) When questioned at the States’ constitutional ratifying conventions with respect to this provision, the Federalists confirmed this understanding of a constitutionally limited, secondary congressional power under article 1, section 4. (“[C]onvention delegate James McHenry added that the risk to the Federal Government [without a fail-safe provision] might not arise from state malice: An insurrection or rebellion might prevent a state legislature from administering an election.”); (“An occasion may arise when the exercise of this ultimate power of Congress may be necessary . . . if a State should be involved in war, and its legislature could not assemble, (as was the case of South Carolina and occasionally of some other States, during the [Revolutionary] war).”); (“Sir, let it be remembered that this power can only operate in a case of necessity, after the factious or listless disposition of a particular state has rendered an interference essential to the salvation of the general government.”). See Robert G. Natelson, The Original Scope of the Congressional Power to Regulate Elections, 13 U. PA. J. CONST. L. 1, 12–13 (Nov. 2010).

(5) John Jay made similar claims in New York. And, as constitutional scholar Robert Natelson notes in his invaluable article, The Original Scope of the Congressional Power to Regulate Elections, “Alexander Contee Hanson, a member of Congress whose pamphlet supporting the Constitution proved popular, stated flatly that Congress would exercise its times, places, and manner authority only in cases of invasion, legislative neglect or obstinate refusal to pass election laws [providing for the election of Members of Congress], or if a state crafted its election laws with a ‘sinister purpose’ or to injure the general government.” Cementing his point, Hanson goes further to decree, “The exercise of this power must at all times be so very invidious, that congress will not venture upon it without some very cogent and substantial reason.”. Alexander Contee Hanson (writing as Astrides), Remarks on the Proposed Plan: 31 January, reprinted in John P. Kaminski, Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries on the Constitution, public and private 18 December 1787 to 31 January 1788 522–26 (1984).

(6) In fact, had the alternate view of the Elections Clause been accepted at the time of the Constitution’s drafting—that is, that it offers Congress unfettered power over Federal elections—it is likely that the Constitution would not have been ratified or that an amendment to this language would have been required.

(7) Indeed, at least seven of the original 13 States—over half and enough to prevent the Constitution from being ratified—expressed specific concerns with the language of the Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph Gales (ed.) (1834). However, “[l]eading Federalists …” assured them “… that, even without amendment, the [Elections] Clause should be construed as limited to emergencies”. Three States, New York, North Carolina, and Rhode Island, specifically made their ratification contingent on this understanding being made express. Ratification of the Constitution by the State of New York (July 26, 1788) (“Under these impressions and declaring that the rights aforesaid cannot be abridged or violated, and the Explanations aforesaid are consistent with the said Constitution, And in confidence that the Amendments which have been proposed to the said Constitution will receive early and mature Consideration: We the said Delegates, in the Name and in [sic] the behalf of the People of the State of New York Do by these presents Assent to and Ratify the said Constitution. In full Confidence . . . that the Congress will not make or alter any Regulation in this State respecting the times places and manner of holding Elections for Senators or Representatives unless the Legislature of this State shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same, and that in those cases such power will only be exercised until the Legislature of this State shall make provision in the Premises”); Ratification of the Constitution by the State of North Carolina (Nov. 21, 1789) (“That Congress shall not alter, modify, or interfere in the times, places, or manner of holding elections for senators and representatives, or either of them, except when the legislature of any State shall neglect, refuse or be disabled by invasion or rebellion, to prescribe the same.”); Ratification of the Constitution by the State of Rhode Island (May 29, 1790) (“Under these impressions, and declaring, that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid, are consistent with the said constitution, and in confidence that the amendments hereafter mentioned, will receive an early and mature consideration, and conformably to the fifth article of said constitution, speedily become a part thereof; We the said delegates, in the name, and in [sic] the behalf of the People, of the State of Rhode-Island and Providence-Plantations, do by these Presents, assent to, and ratify the said Constitution. In full confidence . . . That the Congress will not make or alter any regulation in this State, respecting the times, places and manner of holding elections for senators and representatives, unless the legislature of this State shall neglect, or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that [i]n those cases, such power will only be exercised, until the legislature of this State shall make provision in the Premises[.]”).

(8) Congress finds that the Framers designed and the ratifying States understood the Elections Clause to serve solely as a protective backstop to ensure the preservation of the Federal Government, not as a font of limitless power for Congress to wrest control of Federal elections from the States.

(9) This understanding was also reinforced by debate during the First Congress that convened under the Constitution where Representative Aedanus Burke proposed a constitutional amendment to limit the Times, Places and Manner Clause to emergencies. Although the amendment failed, those on both sides of the Burke amendment debate already understood the Elections Clause to limit Federal elections power to emergencies.

(10) History clearly shows that even in the first Congress that convened under the Constitution, it was acknowledged and understood through the debates that ensued over the Elections Clause provision that Congress’ control over elections is limited.

(11) Similarly, proponent Representative Smith of South Carolina also believed the original text of the Elections Clause already limited the Federal Government’s power over Federal elections to emergencies and so thought there would be no harm in supporting an amendment to make that language express. Annals of Congress 801 (1789) Joseph Gales Edition. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875 (loc.gov). So, even the records of the First Congress reflect a recognition of the emergency nature of congressional power over Federal elections.

(12) Similarly, the Supreme Court has supported this understanding. In Smiley v. Holm, the Court held that Article 1, Section 4 of the Constitution reserved to the States the primary “… authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved. And these requirements would be nugatory if they did not have appropriate sanctions in the definition of offenses and punishments. All this is comprised in the subject of ‘times, places and manner of holding elections’, and involves lawmaking in its essential features and most important aspect.”. Smiley v. Holm, 285 U.S. 355, 366 (1932).

(13) This holding is consistent with the understanding of the Elections Clause since the framing of the Constitution. The Smiley Court also held that while Congress maintains the authority to “. . . supplement these State regulations or [to] substitute its own[]”, such authority remains merely “a general supervisory power over the whole subject.”. Id.

(14) More recently, the Court noted in Arizona v. Inter-Tribal Council of Ariz., Inc. that “[t]his grant of congressional power [that is, the fail-safe provision in the Elections Clause] was the Framers’ insurance against the possibility that a State would refuse to provide for the election of representatives to the Federal Congress.”. Arizona v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7–9 (2013). The Court explained that the Elections Clause “… imposes [upon the States] the duty . . . to prescribe the time, place, and manner of electing Representatives and Senators[.]”. Id. at 8. And, while, as the Court noted, “[t]he power of Congress over the ‘Times, Places, and Manner’ of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith[]”, Id. at 9, the Inter-Tribal Court explained, quoting extensively from the Federalist no. 59, that it was clear that the congressional fail-safe included in the Elections Clause was intended for the sorts of governmental self-preservation discussed here: “[E]very government ought to contain in itself the means of its own preservation[.]”; “[A]n exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy. They could at any moment annihilate it by neglecting to provide for the choice of persons to administer its affairs.”. Id. at 8.

(15) It is clear in every respect that the congressional fail-safe described in the Elections Clause vests purely secondary authority over Federal elections in the Federal legislative branch and that the primary authority rests with the States. Congressional authority is intended to be, and as a matter of constitutional fact is, limited to addressing the worst imaginable issues, such as invasion or other matters that might lead to a State not electing representatives to constitute the two Houses of Congress. Congress’ authority has never extended to the day-to-day authority over the “Times, Places and Manner of Election” that the Constitution clearly reserves to the States.

(16) Congress must act within the bounds of its constitutional authority when enacting legislation concerning the administration of our nation’s elections.

This title may be cited as the “Voluntarily Offered Tools for Election Reforms by States Act” or the “VOTERS Act”.

(a) In general.—Subtitle C of title II of the Help America Vote Act of 2002 (52 U.S.C. 20981 et seq.) is amended—

(1) by redesignating section 247 as section 248; and

(2) by inserting after section 246 the following new section:

(b) Clerical amendment.—The table of contents of such Act is amended—

(1) by redesignating the item relating to section 247 as relating to section 248; and

(2) by inserting after the item relating to section 246 the following new item:

“Sec. 247. Release of voluntary considerations by Standards Board with respect to election administration.”.

(a) Short title.—This section may be cited as the “Non-Citizens: Outlawed from Voting in Our Trusted Elections Act of 2023” or the “NO VOTE for Non-Citizens Act of 2023”.

(b) Findings; Sense of Congress.—

(1) FINDINGS.—Congress finds the following:

(A) Every eligible person who wishes to cast a ballot in a Federal election must be permitted to do so according to law, and their ballot must be examined according to law, and, if it meets all lawful requirements, counted.

(B) Congress has long required States to maintain Federal voter registration lists in a manner that promotes voter confidence.

(C) The changes included herein are not intended to be an expansion of Federal power but rather a clarification of State authority.

(D) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections.

(E) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

(F) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld.

(G) Since the Constitution prohibits non-citizens from voting in Federal elections, such ineligible persons must not be permitted to be placed on Federal voter registration lists.

(H) Improper placement of an ineligible non-citizen on a Federal voter registration list leads to—

(i) confusion on the part of the ineligible person with respect to their ineligibility to cast a ballot; and

(ii) an increased likelihood that human error will permit ineligible persons to cast ballots in Federal elections.

(I) State officials have confirmed that poorly maintained voter registration lists lead to ineligible persons casting ballots in Federal elections.

(J) A former Broward County, Florida, elections supervisor has confirmed that ineligible non-voters were able to cast ballots in previous elections and that she was not able to locate as many as 2,040 ballots during the 2018 midterm recount.

(K) This clarification of State authority to maintain Federal voter registration lists to ensure non-citizens are not included on such lists will promote voter confidence in election processes and outcomes.

(L) Congress has the authority to ensure that no Federal elections funding is used to support States that permit non-citizens to cast ballots in any election.

(M) Federal courts and executive agencies have much of the information States may need to maintain their Federal voter registration lists, and those entities should make that information accessible to State election authorities.

(N) It is important to clarify the penalty for any violation of law that allows a non-citizen to cast a ballot in a Federal election.

(O) To protect the confidence of voters in Federal elections, it is important to implement the policy described herein.

(2) SENSE OF CONGRESS.—It is the sense of Congress that—

(A) many States have not adequately met the requirements concerning the removal of ineligible persons from State voter registration rolls pursuant to section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) and should strive to audit and update their voter registration rolls on a routine basis;

(B) allowing non-citizens to cast ballots in American elections weakens our electoral system and the value of citizenship and sows distrust in our elections system;

(C) even if a State has the sovereign authority, no State should permit non-citizens to cast ballots in State or local elections;

(D) States should use all information available to them to maintain Federal voter registration lists and should inform Congress if such data is insufficient; and

(E) Congress may take further action in the future to address this problem.

(c) Clarifying authority of States To remove noncitizens from voting rolls.—

(1) AUTHORITY UNDER REGULAR REMOVAL PROGRAMS.—Section 8(a)(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended—

(A) by striking “or” at the end of subparagraph (A);

(B) by redesignating subparagraph (B) as subparagraph (C); and

(C) by inserting after subparagraph (A) the following new subparagraph:

“(B) the registrant’s status as a noncitizen of the United States; or”.

(2) CONFORMING AMENDMENT RELATING TO ONGOING REMOVAL.—Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking “(4)(A)” and inserting “(4)(A) or (B)”.

(d) Requirement To maintain separate State voter registration list for noncitizens.—Section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)) is amended—

(1) in paragraph (5)(B), by striking “and” at the end;

(2) in paragraph (6), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new paragraph:

“(7) in the case of a State that allows individuals who are not citizens of the United States to vote in elections for public office in the State or any local jurisdiction of the State, ensure that the name of any registrant who is not a citizen of the United States is maintained on a voter registration list that is separate from the official list of eligible voters with respect to registrants who are citizens of the United States.”.

(e) Requirements for ballots for State or local jurisdictions that allow noncitizen voting.—Section 301(a)(1) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the following new subparagraph:

“(D) In the case of a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction, the ballot used for the casting of votes by a noncitizen in such State or local jurisdiction may only include the candidates for the elections for public office in the State or local jurisdiction for which the noncitizen is permitted to vote.”.

(f) Reduction in payments for election administration to States or local jurisdictions that allow noncitizen voting.—

(1) IN GENERAL.—Title IX of the Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end the following new section:

(2) CLERICAL AMENDMENT.—The table of contents of such Act is amended by adding at the end the following new item:

“Sec. 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting.”.

(g) Promoting provision of information by Federal entities.—

(1) IN GENERAL.—Each entity of the Federal Government which maintains information which is relevant to the status of an individual as a registered voter in elections for Federal office in a State shall, upon the request of an election official of the State, provide that information to the election official.

(2) POLICIES AND PROCEDURES.—Consistent with section 3506(g) of title 44, United States Code, an entity of the Federal Government shall carry out this subsection in accordance with policies and procedures which will ensure that the information is provided securely, accurately, and in a timely basis.

(3) CONFORMING AMENDMENT RELATING TO COVERAGE UNDER PRIVACY ACT.—Section 552a(b) of title 5, United States Code, is amended—

(A) by striking “or” at the end of paragraph (11);

(B) by striking the period at the end of paragraph (12) and inserting “; or”; and

(C) by adding at the end the following new paragraph:

“(13) to an election official of a State in accordance with section 121(h) of the American Confidence in Elections Act.”.

(h) Ensuring provision of information to State election officials on individuals recused from jury service on grounds of noncitizenship.—

(1) REQUIREMENT DESCRIBED.—If a United States district court recuses an individual from serving on a jury on the grounds that the individual is not a citizen of the United States, the court shall transmit a notice of the individual’s recusal—

(A) to the chief State election official of the State in which the individual resides; and

(B) to the Attorney General.

(2) DEFINITIONS.—For purposes of this subsection—

(A) the “chief State election official” of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State’s responsibilities under such Act; and

(B) the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(i) Prohibition on voting by noncitizens in Federal elections.—

(1) IN GENERAL.—Section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) is amended—

(A) by striking “A person” and inserting “(a) In general.—A person”; and

(B) by adding at the end the following new subsection:

“(b) Prohibition on voting by aliens.—

“(1) IN GENERAL.—It shall be unlawful for any alien to vote in any election in violation of section 611 of title 18, United States Code.

“(2) PENALTIES.—Any person who violates this subsection shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.”.

(2) EFFECTIVE DATE.—This subsection and the amendments made by this subsection shall apply with respect to elections held on or after the date of the enactment of this Act.

Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended—

(1) in subsection (i), by adding at the end the following:

“(3) The records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all registrants in a State who were inactive according to the criteria described in subsection (d)(1)(B) and the length of time each such registrant has been inactive according to such criteria.”;

(2) by redesignating subsection (j) as subsection (k); and

(3) by inserting after subsection (i) the following new subsection:

“(j) Reporting requirements.—Not later than June 30 of each odd-numbered year, each State shall submit to the Election Assistance Commission a report that includes, with respect to such State during the preceding 2-year period, the total number of—

“(1) registrants who were inactive according to the criteria described in subsection (d)(1)(B) and the length of time each such registrant has been inactive according to such criteria;

“(2) registrants who voted in at least one of the prior 2 consecutive general elections for Federal office;

“(3) registrants removed from the list of official voters in the State pursuant to subsection (d)(1)(B);

“(4) notices sent to registrants pursuant to subsection (d)(2); and

“(5) registrants who received a notice described in paragraph (4) who responded to such notice.”.

(a) Short title.—This section may be cited as the “State Instruction Inclusion Act”.

(b) In general.—Section 6(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20505(a)) is amended—

(1) in paragraph (1), by inserting “, except that a State may, in addition to the criteria stated in section 9(b), require that an applicant provide proof that the applicant is a citizen of the United States” after “elections for Federal office”; and

(2) in paragraph (2), by inserting “and such form may include a requirement that the applicant provide proof that the applicant is a citizen of the United States” after “elections for Federal office”.

(a) Short title.—This section may be cited as the “Citizen Vote Protection Act”.

(b) Findings; Sense of Congress.—

(1) FINDINGS.—Congress finds the following:

(A) Photo voter identification programs established by the States should be administered without unlawful discrimination and with an eye toward balancing appropriate access to the ballot box with election integrity and voter confidence goals.

(B) As confirmed by the bipartisan Commission on Federal Election Reform (commonly known as the Carter-Baker Commission), “[v]oters in nearly 100 democracies use a photo identification card without fear of infringement of their rights”.

(C) As confirmed by the Carter-Baker Commission, “[t]he right to vote is a vital component of U.S. citizenship and all States should use their best efforts to obtain proof of citizenship before registering voters.”.

(D) The Carter-Baker Commission was correct in its 2005 report when it recommended that the REAL ID Act be “modestly adapted for voting purposes to indicate on the front or back whether the individual is a U.S. citizen.”.

(E) Congress acknowledges the important work completed by the Carter-Baker Commission and, by amending the REAL ID Act, resolves the concerns in the Commission’s report that “[t]he REAL ID Act does not require that the card indicates citizenship, but that would need to be done if the card is to be used for voting purposes”.

(F) Photographic voter identification is important for ensuring voter confidence in election processes and outcomes.

(G) Requiring photographic voter identification is well within States’ constitutional competence, including pursuant to the Qualifications Clause of the Constitution of the United States (article I, section 2, clause 2), the Presidential Electors Clause of the Constitution (article II, section 1, clause 2), and the Seventeenth Amendment.

(H) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections.

(I) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

(J) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld.

(2) SENSE OF CONGRESS.—It is the sense of Congress that the States should implement the substance of the recommendation of the Carter-Baker Commission that, “[t]o ensure that persons presenting themselves at the polling place are the ones on the registration list, the Commission recommends that states [encourage] voters to use the REAL ID card, which was mandated in a law signed by the President in May 2005”.

(c) REAL ID Act Amendment.—

(1) AMENDMENT.—Section 202(b) of the Real ID Act of 2005 (49 U.S.C. 30301 note) is amended by adding at the end the following new paragraph:

“(10) If the person is a citizen of the United States, an indication of that citizenship, except that no other information may be included with respect to the immigration status of the person.”.

(2) APPLICABILITY.—The amendment made by this subsection shall be effective January 1, 2026, and shall apply with respect to any driver’s license or identification card issued by a State on and after such date.

(d) Rule of construction.—Nothing in this section or in any amendment made by this section may be construed to establish or mandate the use of a national identification card or to authorize any office of the executive branch to establish or mandate the use of a national identification card.

(a) Short title.—This section may be cited as the “Confirmation of Congressional Observer Access Act of 2023” or the “COCOA Act of 2023”.

(b) Findings relating to Congressional election observers.—Congress finds the following:

(1) The Constitution delegates to each of House of the Congress the authority to “be the Judge of the Elections, Returns and Qualifications of its own Members”.

(2) While, in general, Congress shall respect the determination of State authorities with respect to the election of members to each House, each House of Congress serves as the final arbiter over any contest to the seating of any putative Member-elect or Senator-elect.

(3) These election contest procedures are contained in the precedents of each House of Congress. Further, for the House of Representatives the procedures exist under the Federal Contested Elections Act.

(4) In the post-Civil War modern era, more than 100 election contests have been filed with the House of Representatives.

(5) For decades, Congress has appointed and sent out official congressional observers to watch the administration of congressional elections in the States and territories.

(6) These observers serve to permit Congress to develop its own factual record in preparation for eventual contests and for other reasons.

(7) This section and the amendments made by this section do not establish any new authorities or procedures but are provided simply to permit a convenient statutory reference for existing Congressional authority and activity.

(c) Confirming requirement that States provide access.—Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—

(1) by redesignating sections 304 and 305 as sections 305 and 306; and

(2) by inserting after section 303 the following new section:

(d) Conforming amendment relating to enforcement.—Section 401 of such Act (52 U.S.C. 21111) is amended by striking “and 303” and inserting “303, and 304”.

(e) Clerical amendment.—The table of contents of such Act is amended—

(1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and

(2) by inserting after the item relating to section 303 the following:

“Sec. 304. Confirming access for Congressional election observers.”.

Section 251(b)(1) of the Help America Vote Act of 2002 (52 U.S.C. 21001(b)(1)) is amended by inserting “, including to conduct and publish an audit of the effectiveness and accuracy of the voting systems, election procedures, and outcomes used to carry out an election for Federal office in the State and the performance of the State and local election officials who carried out the election” after “requirements of title III”.

(a) Short title.—This section may be cited as the “Election Worker Employer Participation Act”.

(b) Exclusion from gross income for certain election worker compensation.—

(1) IN GENERAL.—Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139H the following new section:

(2) CLERICAL AMENDMENT.—The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139H the following new item:

“Sec. 139I. Certain compensation of election workers.”.

(c) Information reporting not required by reason of certain amounts excludible from gross income.—Section 6041 of such Code is amended by adding at the end the following new subsection:

“(h) Treatment of certain excludible compensation of election workers.—In the case of any payment by a State, political subdivision of a State, or any instrumentality of a State or any political subdivision thereof, for the service of an individual as an election official or election worker (within the meaning of section 3121(b)(7)(F)(iv)), the determination of whether the $600 threshold described in subsection (a) has been met with respect to such individual shall be determined by not taking into account—

“(1) any such payment which is qualified election worker compensation (as defined in section 139I(c)) which does not exceed the limitation described in section 139I(b), and

“(2) any such payment which is excludible from the gross income of such individual under section 127.”.

(d) Effective date.—The amendments made by this section shall apply to payments made after December 31, 2023, in taxable years ending after such date.

(a) Short title.—This section may be cited as the “Protect American Voters Act”.

(b) Adoption of voluntary guidelines by Election Assistance Commission.—

(1) ADOPTION OF GUIDELINES.—Title II of the Help America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end the following new subtitle:

(2) CLERICAL AMENDMENT.—The table of contents of such Act is amended by adding at the end of the items relating to title II the following:

(c) Treatment of technology used in most recent election.—Any nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by subsection (a)(1)), which a State used in the most recent election for Federal office held in the State prior to the date of the enactment of this Act shall be deemed to be in compliance with the voluntary guidelines on the use of such technology which are adopted by the Election Assistance Commission under section 298 of such Act (as added by subsection (a)(1)).

Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the following new subsection:

“(e) Status reports by National Institute of Standards and Technology.—Not later than 60 days after the end of each fiscal year (beginning with 2023), the Director of the National Institute of Standards and Technology shall submit to Congress a status report describing—

“(1) the extent to which the Director carried out the Director’s responsibilities under this Act during the fiscal year, including the responsibilities imposed under this section and the responsibilities imposed with respect to the Technical Guidelines Development Committee under section 222, together with the Director’s best estimate of when the Director will completely carry out any responsibility which was not carried out completely during the fiscal year; and

“(2) the extent to which the Director carried out any projects requested by the Commission during the fiscal year, together with the Director’s best estimate of when the Director will complete any such project which the Director did not complete during the fiscal year.”.

(a) Short title.—This section may be cited as the “Election Integrity Mail Reform Act of 2023”.

(b) Prioritizing election mail.—Title 39, United States Code, is amended by adding after chapter 36 the following:

“Sec.
“3701. Prioritization of processing and delivery of election mail.
“3702. Use of nonprofit permit for cooperative mailings.
“3703. Marking or notice on election mail.
“3704. Application to Uniformed and Overseas Citizens Absentee Voting Act.

(c) Postmarking stamps.—Section 503 of title 18, United States Code, is amended—

(1) by striking “Whoever forges” and inserting “(a) Whoever forges”;

(2) by striking “or such impression thereof,” and all that follows and inserting the following:

“or such impression thereof—

“(1) shall be fined under this title or imprisoned not more than five years, or both; or

“(2) if the impression from a postmarking stamp or impression thereof forged, counterfeited, used, sold, or possessed in violation of this section is applied to a mailed ballot for an election for Federal, State, or local office, shall be fined under this title or imprisoned not more than 10 years, or both.”; and

(3) by adding at the end following new subsection:

“(a) Whoever, with the intent to falsify the date on which a postmark was applied, applies to a mailed ballot described in subsection (a)(2) a genuine postmark that bears a date other than the date on which such postmark was applied, shall be subject to the penalties set forth in such subsection.”.

Section 1254 of title 28, United States Code, is amended—

(1) in paragraph (1), by striking the semicolon at the end and inserting a period; and

(2) by adding at the end the following:

“(3) By appeal by a party (including the State as represented by any agent authorized as a party under State law) relying on a State statute held by a court of appeals to be invalid as repugnant to the Constitution, treaties or laws of the United States, but such appeal shall preclude review by writ of certiorari at the instance of such appellant, and the review on appeal shall be restricted to the Federal questions presented.”.

(a) Short title.—This section may be cited as the “Promoting Free and Fair Elections Act of 2023”.

(b) Clarification of Federal agency involvement in voter registration activities.—Executive Order 14019 (86 Fed. Reg. 13623; relating to promoting access to voting) shall have no force or effect to the extent that it is inconsistent with section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506).

(c) Prohibiting promotion of voter registration by agencies.—

(1) AGREEMENTS WITH NONGOVERNMENTAL ORGANIZATIONS.—None of the funds made available for the salaries and expenses of an agency may be used to solicit or enter into an agreement with a nongovernmental organization to conduct voter registration or voter mobilization activities, including registering voters or providing any person with voter registration materials, absentee or vote-by-mail ballot applications, voting instructions, or candidate-related information, on the property or website of the agency.

(2) ACTIVITIES UNDER EXECUTIVE ORDER 14019.—

(A) DELAY IN IMPLEMENTATION.—

(i) DELAY.—Except as provided in clause (ii), none of the funds made available for the salaries and expenses of an agency may be used to implement activities directed under Executive Order 14019 (86 Fed. Reg. 13623) until—

(I) in the case of an agency that is required to submit a report to the appropriate congressional committees under subparagraph (B)(i), 180 days after the agency submits the report; or

(II) in the case of an agency that is required to submit a report to the appropriate congressional committees under subparagraph (B)(ii), the date on which the agency submits the report.

(ii) EXCEPTION.—Clause (i) shall not apply to any activity described in section 7(c) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(c)).

(B) REPORT.—Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees—

(i) a copy of the strategic plan of the agency for promoting voter registration and voter participation under section 3(b) of Executive Order 14019 (86 Fed. Reg. 13623) that the agency developed or submitted to the Assistant to the President for Domestic Policy; or

(ii) if the agency did not develop or submit a plan described in clause (i) to the Assistant to the President for Domestic Policy, a certification signed by the head of the agency that the agency did not develop or submit such a plan.

(3) EFFECTIVE DATE.—Except as provided in paragraph (2)(B), this section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.

(d) Additional report on voter registration and mobilization.—Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees a report describing the activities carried out by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86 Fed. Reg. 13623).

(e) Prohibiting voter registration and mobilization in Federal work-Study programs.—Section 443(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1087–53(b)(1)) is amended—

(1) in subparagraph (C), by striking “and”;

(2) by redesignating subparagraph (D) as subparagraph (E); and

(3) by inserting after subparagraph (C) the following:

“(D) does not involve registering or mobilizing voters on or off the campus of the institution; and”.

(f) Definitions.—In this section:

(1) AGENCY.—The term “agency” has the meaning given the term in section 3502(1) of title 44, United States Code, except that for purposes of subsection (c)(2) such term does not include an independent regulatory agency as defined in section 3502(5) of title 44, United States Code.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Rules and Administration of the Senate;

(B) the Committee on the Judiciary of the Senate;

(C) the Committee on House Administration of the House of Representatives; and

(D) the Committee on the Judiciary of the House of Representatives.

(a) Short title.—This section may be cited as the “No Federal Funds for Ballot Harvesting Act”.

(b) Findings.—Congress finds that—

(1) the right to vote is a fundamental right of citizens of the United States, as described by the Constitution of the United States;

(2) the Committee on House Administration of the House of Representatives, which is charged with investigating election irregularities, received reports through its official Election Observer Program for the 2018 general election and the 2020 general election, as well as from other stakeholders, that individuals other than voters themselves were depositing large amounts of absentee ballots at polling places throughout California and other States, a practice colloquially known as “ballot harvesting”;

(3) the practice of ballot harvesting creates significant vulnerabilities in the chain-of-custody of ballots because individuals collecting ballots are not required to be registered voters and are not required to identify themselves at a voter’s home, and the State does not track how many ballots are harvested in an election;

(4) in North Carolina, a congressional election was invalidated due to fraud associated with ballot harvesting committed by a political operative, and it is unlikely such activity would have been detected were it not for the prohibition against ballot harvesting in the State;

(5) ballot harvesting invites electioneering activity at home and weakens States’ long-standing voter protection procedures, which remain in place at polling locations, creating the possibility of undue influence over voters by political operatives and other bad actors; and

(6) the Supreme Court of the United States has affirmed State authority to restrict ballot harvesting (Brnovich v. Democratic National Committee, 141 S. Ct. 2321 (2021)).

(c) Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties.—

(1) IN GENERAL.—The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended by adding at the end the following new section:

(2) CLERICAL AMENDMENT.—The table of contents of such Act is amended by adding at the end the following new item:

“Sec. 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties.”.

Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is amended by inserting “ including envelopes used to deliver voted ballots by mail (but excluding envelopes used to deliver blank ballots or absentee ballot requests or used for any purpose other than delivering voted ballots),” after “requisite to voting in such election,”.

(a) Preferences for veterans and individuals with disabilities.—

(1) PREFERENCES.—In hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction may give preference to individuals who are veterans or individuals with a disability.

(2) INDIVIDUAL WITH A DISABILITY DEFINED.—In this subsection, an “individual with a disability” means an individual with an impairment that substantially limits any major life activities.

(b) Preference and waiver of residency requirement for spouses and dependents of absent military voters.—

(1) PREFERENCE AND WAIVERS.—In hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction—

(A) may give preference to an individual who is a nonresident military spouse or dependent; and

(B) may not refuse to hire such an individual as an election worker solely on the grounds that the individual does not maintain a place of residence in the State or local jurisdiction.

(2) NONRESIDENT MILITARY SPOUSE OR DEPENDENT DEFINED.—In this subsection, a “nonresident military spouse or dependent” means an individual who is an absent uniformed services voter under section 107(1)(C) of the Uniformed and Overseas Citizen Absentee Voting Act (52 U.S.C. 20310(1)(C)).

(a) In general.—Not later than 2 years after the date of the enactment of this Act, the Postmaster General shall, in coordination with the appropriate State executives of each State, carry out a program to identify and assign a mailing address to each home in each State that, as of the date of the enactment of this Act, does not have a mailing address assigned to such home, with a priority given to assigning mailing addresses to such homes located on Indian lands.

(b) Definitions.—In this section:

(1) INDIAN.—The term “Indian” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(2) INDIAN LANDS.—The term “Indian lands” includes—

(A) any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code;

(B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian Tribe that is a Native village (as defined in section 3 of that Act (43 U.S.C. 1602)) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act (43 U.S.C. 1602));

(C) any land on which the seat of the Tribal Government is located; and

(D) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census.

(3) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(4) STATE.—The term “State” has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141).

(5) TRIBAL GOVERNMENT.—The term “Tribal Government” means the recognized governing body of an Indian Tribe.

(c) Authorization of appropriations.—There is authorized to be appropriated $5,000,000 to carry out this section.

Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended by striking “and the United States Virgin Islands” and inserting “the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands”.

This title may be cited as the “American Confidence in Elections: District of Columbia Election Integrity and Voter Confidence Act”.

(a) Requirements described.—Title III of the Help America Vote Act of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the following new subtitle:

(b) Conforming amendment relating to enforcement.—Section 401 of such Act (52 U.S.C. 21111) is amended by striking the period at the end and inserting the following: “, and the requirements of subtitle C with respect to the District of Columbia.”.

(c) Clerical amendment.—The table of contents of such Act is amended by adding at the end of the items relating to title III the following:

The amendments made by this title shall apply with respect to District of Columbia elections held on or after January 1, 2024. For purposes of this section, the term “District of Columbia election” has the meaning given such term in section 333 of the Help America Vote Act of 2002, as added by section 143(a).

This title may be cited as the “Positioning the Election Assistance Commission for the Future Act of 2023”.

Congress finds the following:

(1) The Election Assistance Commission best serves the American people when operating within its core statutory functions, including serving as a clearinghouse for information on election administration, providing grants, and testing and certifying election equipment.

(2) The American people are best served when Federal agency election assistance is offered by a single agency with expertise in this space. The Election Assistance Commission, composed of four election experts from different political parties, is best situated among the Federal Government agencies to offer assistance services to citizens and to guide other Federal agencies that have responsibilities in the elections space. The Commission is also best suited to determine the timing of the issuance of any advisories and to disburse all appropriated election grant funding.

(3) To this end, Congress finds that the Election Assistance Commission should be viewed as the lead Federal Government agency on all election administration matters, and other Federal agencies operating in this space should look to the Commission for guidance, direction, and support on election administration-related issues.

(a) Staff.—Section 204(a)(5) of the Help America Vote Act of 2002 (52 U.S.C. 20924(a)(5)) is amended by striking “of such additional personnel” and inserting “of not more than 55 full-time equivalent employees to carry out the duties and responsibilities under this Act and the additional duties and responsibilities required under the American Confidence in Elections Act”.

(b) Funding.—Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930) is amended—

(1) by striking “for each of the fiscal years 2003 through 2005” and inserting “for each of the fiscal years 2023 through 2025”; and

(2) by striking “(but not to exceed $10,000,000 for each such year)” and inserting “(but not to exceed $25,000,000 for each such year)”.

(c) Prohibition on certain use of funds.—

(1) PROHIBITION.—None of the funds authorized to be appropriated or otherwise made available under subsection (b) may be obligated or expended for the operation of an advisory committee established by the Election Assistance Commission pursuant to and in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App. 2), except with respect to the operation of the Local Leadership Council.

(2) NO EFFECT ON ENTITIES ESTABLISHED BY HELP AMERICA VOTE ACT OF 2002.—Paragraph (1) does not apply with respect to the operation of any entity established by the Help America Vote Act of 2002, including the Election Assistance Commission Standards Board, the Election Assistance Commission Board of Advisors, and the Technical Guidelines Development Committee.

(d) Requirements with respect to compensation of members of the Commission.—Section 203(d) of the Help America Vote Act of 2002 (52 U.S.C. 20923(d)) is amended—

(1) in paragraph (1), by striking “at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code” and inserting “at an annual rate of basic pay equal to the amount of $186,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule”;

(2) in paragraph (2), by striking “No member appointed” and inserting “Except as provided in paragraph (3), no member appointed”; and

(3) by adding at the end the following new paragraph:

“(3) SUPPLEMENTAL EMPLOYMENT AND COMPENSATION.—An individual serving a term of service on the Commission shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) if—

“(A) the General Counsel of the Election Assistance Commission determines that such position does not create a conflict of interest with the individual’s position as a sitting member of the Commission and grants the individual approval to hold the position; and

“(B) the annual rate of compensation received by the individual from such institution is not greater than the amount equal to 49.9% of the annual rate of basic pay paid to the individual under paragraph (1).”.

(e) Office of Inspector General.—Section 204 of the Help America Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the following new subsection:

“(f) Office of Inspector General.—The Inspector General of the Election Assistance Commission may appoint not more than 7 full-time equivalent employees to assist the Inspector General to carry out the duties and responsibilities under section 404 of title 5, United States Code, of whom 2 shall have primarily administrative duties and responsibilities.”.

(f) Effective date.—This section and the amendments made by this section shall take effect on October 1, 2022.

(a) Exclusive authority of Election Assistance Commission To make election administration payments to States.—No entity of the Federal Government other than the Election Assistance Commission may make any payment to a State for purposes of administering elections for Federal office, including obtaining election and voting equipment and infrastructure, enhancing election and voting technology, and making election and voting security improvements, including with respect to cybersecurity and infrastructure.

(b) Prohibiting use of payments for get-Out-the-Vote-Activity.—Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end the following new part:

(c) Requiring disclaimer in communications.—Part 7 of subtitle D of title II of such Act, as added by subsection (b), is amended by adding at the end the following new section:

(d) Clerical amendment.—The table of contents of such Act is amended by inserting at the end of the items relating to subtitle D of title II the following:

(e) Effective date.—This section and the amendments made by this section shall apply with respect to payments made on or after the date of the enactment of this Act.

Section 213(c) of the Help America Vote Act of 2002 (52 U.S.C. 20943(c)) is amended by adding at the end the following new paragraph:

“(5) AUTHORITY TO ENTER INTO CONTRACTS.—The Executive Board of the Standards Board may, using amounts already made available to the Commission, enter into contracts to employ and retain no more than 2 individuals to enable the Standards Board to discharge its duties with respect to the examination and release of voluntary considerations with respect to the administration of elections for Federal offices by the States under section 247, except that—

“(A) no more than 1 individual from the same political party may be employed under such contracts at the same time;

“(B) the authority to enter into such contracts shall end on the earlier of the date of the release of the considerations or December 31, 2023; and

“(C) no additional funds may be appropriated to the Commission for the purposes of carrying out this paragraph.”.

Except as provided in any other provision of law, the Election Assistance Commission shall, with respect to any other entity of the Federal Government, have primary jurisdiction to address issues with respect to the administration of elections for Federal office.

(a) Short title.—This section may be cited as the “Keeping Foreign Money out of Ballot Measures Act of 2023”.

(b) In general.—Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section:

(c) Clerical amendment.—The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item:

“612. Foreign nationals making certain political contributions.”.

(d) Effective Date.—The amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act.

(a) Prohibition.—Section 319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended—

(1) by striking “or” at the end of paragraph (1);

(2) by striking the period at the end of paragraph (2) and inserting “: or”; and

(3) by adding at the end the following new paragraph:

“(3) a person to knowingly help or assist a foreign national in violating this subsection.”.

(b) Effective date.—The amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act.

This title may be cited as the “Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act”.

(a) Establishment.—There is established the “Twentieth Amendment Section Four Panel” (in this section referred to as the “Panel”).

(b) Membership.—

(1) IN GENERAL.—The Panel shall be composed of 6 constitutional experts, of whom—

(A) 1 shall be appointed by the majority leader of the Senate;

(B) 1 shall be appointed by the minority leader of the Senate;

(C) 1 shall be appointed jointly by the majority and minority leader of the Senate;

(D) 1 shall be appointed by the Speaker of the House of Representatives;

(E) 1 shall be appointed by minority leader of the House of Representatives; and

(F) 1 shall be appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives.

(2) DATE.—The appointments of the members of the Panel shall be made not later than 180 days after the date of enactment of this Act.

(3) VACANCY.—Any vacancy occurring in the membership of the Panel shall be filled in the same manner in which the original appointment was made.

(4) CHAIRPERSON AND VICE CHAIRPERSON.—The Panel shall select a Chairperson and Vice Chairperson from among the members of the Panel.

(c) Purpose.—The purpose of the Panel shall be to recommend to Congress model legislation, which shall provide for an appropriate process, pursuant to section 4 of the Twentieth Amendment to the United States Constitution, to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election.

(d) Reports.—

(1) INITIAL REPORT.—Not later than 1 year after the date on which all of the appointments have been made under subsection (b)(2), the Panel shall submit to Congress an interim report containing the Panel’s findings, conclusions, and recommendations.

(2) FINAL REPORT.—Not later than 6 months after the submission of the interim report under paragraph (1), the Panel shall submit to Congress a final report containing the Panel’s findings, conclusions, and recommendations.

(e) Meetings; information.—

(1) IN GENERAL.—Meetings of the Panel shall be held at the Law Library of Congress.

(2) INFORMATION.—The Panel may secure from the Law Library of Congress such information as the Panel considers necessary to carry out the provisions of this section.

(f) Funds.—

(1) COMPENSATION OF MEMBERS.—Members of the Panel shall receive no compensation.

(2) OTHER FUNDING.—No amounts shall be appropriated for the purposes of this section, except for any amounts strictly necessary for the Law Library of Congress to execute its responsibilities under subsection (e).

(g) Termination.—

(1) IN GENERAL.—The panel established under subsection (a) shall terminate 90 days after the date on which the panel submits the final report required under subsection (d)(2).

(2) RECORDS.—Upon termination of the panel, all of its records shall become the records of the Secretary of the Senate and the Clerk of the House of Representatives.