[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] MARKUP OF H.R. 4617, THE STOPPING HARMFUL INTERFERENCE IN ELECTIONS FOR A LASTING DEMOCRACY ACT ======================================================================= HEARING BEFORE THE COMMITTEE ON HOUSE ADMINISTRATION HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ OCTOBER 16, 2019 __________ Printed for the use of the Committee on House Administration [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available on the Internet: http://www.govinfo.gov/committee/house-administration ______ U.S. GOVERNMENT PUBLISHING OFFICE 39-768 WASHINGTON : 2020 Committee on House Administration 116th Congress ZOE LOFGREN, California, Chairperson JAMIE RASKIN, Maryland RODNEY DAVIS, Illinois, Ranking SUSAN A. DAVIS, California Member G. K. BUTTERFIELD, North Carolina MARK WALKER, North Carolina MARCIA L. FUDGE, Ohio BARRY LOUDERMILK, Georgia PETE AGUILAR, California MARKUP OF H.R. 4617, THE STOPPING HARMFUL INTERFERENCE IN ELECTIONS FOR A LASTING DEMOCRACY ACT ---------- -- -------- WEDNESDAY, OCTOBER 16, 2019 House of Representatives, Committee on House Administration, Washington, DC. The Committee met, pursuant to call, at 2:56 p.m., in Room 1310, Longworth House Office Building, Hon. Zoe Lofgren [Chairperson of the Committee] presiding. Present: Representatives Lofgren, Raskin, Davis of California, Butterfield, Fudge, Aguilar, Davis of Illinois, Walker, and Loudermilk. Staff Present: Sean Jones, Legislative Clerk; Lisa Sherman, Chief of Staff for Mrs. Davis of California; David Tucker, Parliamentarian; Eddie Flaherty, Chief Clerk; Mariam Malik, Staff Assistant; Hannah Carr, Staff Assistant; Khalil Abboud, Deputy Staff Director; Evan Dorner, Legislative Assistant for Mr. Aguilar; Lauren Doney, Deputy Chief of Staff for Mr. Raskin; Stephen Spaulding, Counsel--Elections; Tim Monahan, Minority Deputy Staff Director; Jesse Roberts, Minority Counsel; Cole Felder, Minority General Counsel; Courtney Parella, Minority Communications Director; and Jennifer Daulby, Minority Staff Director. The Chairperson. A quorum being present, the Committee will come to order. Without objection, the Chair is authorized to declare a recess at any time. Pursuant to Committee Rule 4 and clause 2(h)(4) of House Rule XI, the Chair announces that she may postpone further proceedings today when a recorded vote is ordered on the question of approving a measure or matter or on adopting an amendment. We are expecting additional Members, but while we are waiting, we will proceed with our opening statements. This afternoon, we will consider H.R. 4617, the Stopping Harmful Interference in Elections for a Lasting Democracy, or SHIELD, Act. This comprehensive legislation will strengthen the resilience of our democracy and protect against foreign interference in elections, including by foreign governments. The 2020 Federal elections are fast approaching. Public confidence and trust in our elections is of the utmost importance. But foreign adversaries are working to undermine that trust. They use disinformation and discord as weapons to divide us and to attack our values of equality and freedom. They hope that our institutions will collapse under the pressure of the division, decay, and distrust that they sow. The need to act is urgent. Foreign adversaries, including Russia, are interfering in our elections right now. Former Special Counsel Mueller, back in July, testified that they are, quote, ``doing it as we sit here.'' We have been warned repeatedly about this. The former Director of National Intelligence, Dan Coats, wrote earlier this year in his ``Worldwide Threat Assessment'' that, as the 2020 elections advance, our, quote, ``adversaries and strategic competitors almost certainly will use online influence operations to try to weaken democratic institutions, undermine U.S. alliances and partnerships, and shape policy outcomes in the United States and elsewhere.'' He also wrote that their tactics will include spreading disinformation, conducting hack and leak operations, or manipulating data in a more targeted fashion to influence U.S. policy actions on elections. Just last week, the Senate Select Committee on Intelligence released a report showing how the Kremlin's information warfare campaign was broad in scope and entailed objectives beyond the results of the 2016 election. This included using content to push Americans farther away from one another and to foment distrust in government institutions. The Senate report also found that no single group of Americans was targeted by Internet Research Agency (IRA) information operatives more than African Americans. Among the bipartisan Senate report's recommendations are for Congress to examine legislative approaches to ensure Americans know the sources of online political advertisements and to harmonize the rules that apply online with television, radio, and satellite communications. This Committee and this House have acted at least twice this year to shore up confidence in our elections. The House passed H.R. 1, the For the People Act, which included strong standards for ballot box election security as well as provisions to shut down loopholes that allow foreign money, including from foreign governments, to influence elections. The House passed 2722, the SAFE Act, which originated in this Committee and had some of its roots in Title III of H.R. 1. It would set strong cybersecurity standards for election infrastructure and provide resources to States to replace paperless and other outdated systems with voter-verified paper ballot systems. Now we are turning to another element of election security. The SHIELD Act closes gaps in the law that allow foreign nationals and foreign governments to launder money into our elections. It promotes full transparency of the sources behind online advertising campaigns. It codifies a basic norm, that political committees should report offers of illicit campaign assistance from foreign governments to the FBI and to the FEC, rather than welcome interference from foreign governments. We should all be able to agree that we need to protect our democracy and with a sense of urgency. This should not be a partisan opinion. Nothing less than our national security is at stake. The Ranking Member has discussed his views on partisanship and democracy at previous markups, and I must stress for the record that many key elements of the SHIELD Act, including its incorporation of the Honest Ads Act, have strong Republican support. A July Quinnipiac poll found that, by an 87-to-7-percent margin, including 80 percent to 11 percent among Republicans, voters support requiring political campaigns to report any information they received from foreign governments to the FBI, a key component of Title I of the SHIELD Act. And voters say, 78 to 13 percent, it is never acceptable for a Presidential campaign to obtain information on a political opponent from a hostile foreign power. The SHIELD Act also incorporates other elements of H.R. 1 that Republicans supported unanimously during the amendment process, including expanded prohibitions on paid political advertising by foreign governments. The SHIELD Act has garnered support since its introduction from the NAACP, Public Citizen, Common Cause, the Brennan Center for Justice, Democracy 21 Network, and the End Citizens United Action Fund, as well as a letter received just this morning from the nuns, which is of particular meaning to me. So, with that, I will say that free and fair elections are the core of what it means to live in a democracy like ours. Free and fair elections are at the heart of what it means to be a citizen of the United States, and it is our solemn duty to defend them. I would now yield to the Ranking Member, Mr. Davis, for any opening comments he would like to make. [The statement of the Chairperson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Thank you, Madam Chairperson, and thanks to the Committee. As the Chairperson noted, I have said time and time again, the biggest threat to our elections and the integrity of those elections is actually partisanship. As the Majority has pointed out, there are legitimate election security concerns that H.R. 4617 aims to address that I know my Democratic colleagues and I agree on, which leads me to wonder: If the Majority knows we support large portions of this bill, why would they not work with us to find a bipartisan solution to our collective concerns? Once again, the Majority has chosen to continue this pattern we have seen all Congress where they rush legislation without any hearings or public discussion of the issues and insert poison pills into a bill that they know we will not support--all in an effort to prop up their impeachment efforts against the President. That is why we are here today: not to make real legislative progress on preventing foreign interference in our elections, but to push partisan politics for the Democratic agenda. We have marked up three comprehensive election security bills in this Committee in this Congress, and the partisan approach to every problem always ends with expanding the powers of the Federal Government, the highlight of this bill being that we are vastly expanding the powers of the Attorney General and--my personal favorite--defining legitimate news. What we aren't going to hear about today is the work done last Congress and earlier this Congress to provide funding for election infrastructure and to create unprecedented cooperation among the States and Federal stakeholders aimed at better securing our elections. What we aren't going to hear about today is how many of the private companies and online platforms mentioned in this bill are already taking important steps to help prevent election interference through social media. What we are not going to hear about today is how we are marking up this bill without a hearing so the American public can see who is paying for and supporting the ads they see in their social media feeds and won't actually stop the sort of interference that we saw from Russia in the 2016 election. Don't get me wrong; as the Chairperson said, there are provisions in this legislation that make sense. I like prohibiting foreign nationals from participating in ballot initiatives and requiring the Federal Election Commission to annually audit and report any foreign money in U.S. elections. I am also supportive of disclosing on online political ads. However, there are also provisions in this bill, like broadly defined requirements for who has to disclose ads, as well as applying aging TV regulations to internet advertising, that I cannot support because of the threat they pose to our First Amendment. I believe the SHIELD Act will have many unintended but severe consequences on the American people and a chilling effect on free speech--a fundamental right we in Congress have a responsibility to defend. H.R. 4617, in my opinion, is unfixable in its current form. The amendments we put forth today will only showcase the hypocrisy and flaws within this legislation. If we truly want to prevent the type of election interference that we saw in 2016, we must put forth the strongest legislation possible that actually stands a chance at becoming law. We may never be able to prevent criminal activity, whether that is in our elections or in our day-to-day lives, but we can provide our law enforcement with the best tools and resources available. A better approach to concerns mentioned today would be to update the Foreign Agents Registration Act, which this legislation completely ignores. It is disappointing for the American people, who deserve a bipartisan bill that allows them to trust in their election system that actually stands a chance of becoming law. I look forward to debating my amendments that will make improvements to this partisan bill. Let us forget the partisan politics today and, instead, put the needs of the American people first. And thank you, Madam Chairperson, and I yield back the balance of my time. [The statement of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. The gentleman yields back. Without objection, the opening statements of all other Members will be included in the record. The Chairperson. I now call up H.R. 4617, and the clerk shall report the title of the legislation. The Clerk. H.R. 4617. Short Title. This Act may be cited as the Stopping Harmful---- The Chairperson. Without objection, the first reading of the bill is dispensed with. And, without objection, the bill is considered as read and open for amendment at any point. [The bill follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. The Chair recognizes herself to offer an amendment in the nature of a substitute. The amendment has been made available in advance to all Members and is in front of each Member. The clerk shall designate the amendment. The Clerk. The Amendment in the Nature of a Substitute to H.R. 4617 Offered by Ms. Lofgren of California. Strike all after the---- The Chairperson. Without objection, the amendment will be considered as read and be considered as original text for purposes of amendment and shall be open for amendment at any point. [The amendment of the Chairperson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. Now I would like to explain what is in the amendment. The amendment differs from the text of the SHIELD Act as introduced only in that it reserves Subtitle B of Title III, the Deceptive Practices and Voter Intimidation Prevention Act, because it is within the jurisdiction of the House Judiciary Committee, not the House Administration Committee. We consulted with the House Parliamentarian on this issue, and that was the advice that we received. Otherwise, the amendment in the nature of a substitute is the same as the bill as introduced and is organized by four titles. Title I enhances reporting requirements. First, it establishes a duty upon political committees to report to the FBI and the FEC illicit offers of campaign assistance from foreign governments, foreign political parties, their agents, and those on the sanctions list. It also includes the Honest Ads Act, bipartisan legislation that advances an important step in bringing rules of transparency to online political advertising. Title II closes loopholes and gaps in the law that could permit foreign nationals and foreign governments to influence elections. It codifies existing FEC regulations prohibiting foreign nationals from influencing decisions about campaign spending. It would require the FEC to conduct an audit of illicit money in elections and report its recommendations to Congress after every election cycle. It prohibits foreign spending in connection with ballot initiatives and referenda. It prohibits foreign spending in political advertising that promotes, attacks, supports, or opposes the election of candidates or, in the case of foreign governments, political advertising during an election year about national legislative issues of public importance. Title III deters foreign interference in elections. For example, it restricts campaigns from sharing nonpublic campaign material, like internal opposition research and internal polling data, with foreign governments and their agents or those on the sanctions list, which can include oligarchs. It also makes clear that the standard of determining the existence of coordination between campaigns and outside interests does not require an express agreement. This is in keeping with longstanding laws and regulations. The remaining provisions of Title III remain reserved. Title IV is the severability clause and provides guidance about effective dates. Does any Member seek recognition? Mr. Raskin. Mr. Raskin. Thank you very much. The Chairperson. For what purpose does the Member seek recognition? Mr. Raskin. I move to strike the last word. I want to rise in support of the SHIELD Act. I am very enthusiastic about this legislation, and I want to thank the Chair for her leadership in bringing it forward. This is the third major piece of legislation that I hope we will be able to pass in the House of Representatives to address the serious deficiencies and deficits in American electoral democracy. We passed H.R. 1, which would eliminate gerrymandering in America by mandating the use of independent redistricting commissions in every State. It would also institute automatic voter registration. It has the ``Shareholders United'' provisions that would prevent corporations from spending the money of the shareholders without their consent. And there are a number of other very positive features in H.R. 1. Alas, we are still waiting for any movement in the Senate on it. We also passed the SAFE Act to guarantee the integrity of the machinery of American democracy and to assure that the mechanics will certify the authentic public will. And now we have the SHIELD Act to try to repel and reject foreign interference in our campaigns. I am especially delighted that we are doing this because I was on the Committee in the last Congress, and for two years we saw no legislation that would successfully repel foreign interference in our campaigns. In fact, I don't think that we seriously addressed the issue at all of what took place in 2016, so I think that we need to start there. As a member of the Judiciary Committee as well as the House Administration Committee and the Oversight and Reform Committee, I want to give everybody my best sense of what took place in 2016. Special Counsel Mueller, in his report, said there was a campaign for sweeping and systematic interference in the U.S. election by Russia, by the GRU. That campaign included an attempt to poison the political culture of the United States of America with racist propaganda and various provocations to create and exacerbate preexisting racial, ethnic, religious, and social conflict in the country. There was also direct cyber espionage and sabotage that took place with respect to the DNC, the DCCC, Hillary Clinton's offices, all of which were hacked into by Russian operators. And then, finally, there were direct efforts to hack into the computer systems of all 50 State election systems. So that is a basic outline of what Vladimir Putin undertook to do to distort and thwart and predetermine election outcomes in our country. That is intolerable from a democratic perspective, and I think it is something that should unify all of us as Americans. I have colleagues in Congress whose politics I disagree with vehemently, but I will defend with my life their right to be involved in our politics. That is not true of Russian saboteurs and Ukrainian prosecutors and investigators and Chinese spies and others who appear to have been invited to come into our electoral process. And we need to build very strong safeguards in our election laws to prevent this interference and tampering with American political democracy. The first three words of our Constitution are ``We the people.'' This is up to the people of America. We don't even allow our own government to get involved in our election, to spend money trying to elect this candidate or defeat that candidate. That is completely against our laws, to spend government money in that way. Why would we allow other people's governments to get involved in our elections to try to thwart the popular will and to try to bend our government to their will? The Founders of the United States understood that this would be a constant threat because we are a free, open, and democratic society. They understood that other governments would try to come and use our openness in order to gain sway over us. We have to pass fair, open, and transparent laws to say America's elections are for the American people. I am very proud to support the SHIELD Act. I hope we will have a good markup today and we will pass it on to the Floor. I yield back. The Chairperson. The gentleman yields back. Does any other Member wish to be recognized? Does the Ranking Member seek to be recognized to offer an amendment? Mr. Davis of Illinois. I have an amendment at the desk. The Chairperson. The Ranking Member is recognized for the purpose of offering an amendment and for five minutes. Mrs. Davis of California. I reserve a point of order. The Chairperson. The gentlelady reserves a point of order. The clerk will report the amendment. The Clerk. Amendment to the Amendment in the Nature of a Substitute to H.R. 4617 Offered by Mr. Davis of Illinois. In section 104(1), strike ``legitimate.'' Mr. Davis of Illinois. Madam Chairperson, I ask unanimous consent to waive the reading. The Chairperson. Pardon me? Mr. Davis of Illinois. I would like to make a motion we waive the reading of the amendment, although it is over. The Chairperson. It was over. It was so quick that we couldn't even get the words out in time. [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. That is a good amendment. That is called governing. Look at that quick reading. Am I recognized, Madam Chairperson? The Chairperson. You are recognized for five minutes---- Mr. Davis of Illinois. I thank you. The Chairperson [continuing]. In support of your amendment. Mr. Davis of Illinois. This amendment---- The Chairperson. And I assume the gentlelady withdraws her point of order. Mr. Davis of Illinois. Thank you to the gentlelady from California for withdrawing the point of order. This amendment simply would strike the term ``legitimate'' in Section 104 of this bill. The word ``legitimate'' in this section is vague and overbroad, which would eventually lead to the courts determining which journalistic activities are legitimate and which ones are not. It is reckless to have this provision in this bill, considering our highly polarized political climate, where each side believes they are the ones correctly reporting the news. Interpretations of the word ``legitimate'' would undoubtedly be politically motivated and, if this legislation passes the House without this amendment adopted, would undoubtedly weaken public confidence in election security legislation. I urge a ``yes'' vote on this very short, simple amendment that I think makes tremendous sense. And I will reserve. The Chairperson. The gentleman can't reserve, the gentleman yields back. Mr. Davis of Illinois. I yield back. The Chairperson. I oppose the amendment, and I will tell you why. Section 104, the rule of construction, of the SHIELD Act duty-to-report provisions is just an expression of congressional intent that the duty to report should not be construed to otherwise limit the existing rights of foreign nationals, as defined by the Federal Election Campaign Act, or journalists. It closely tracks the rule of construction that is included in a Senate duty-to-report bill that has Republican support, by the way. It also tracks something that the FEC has long required when applying the press exemption, to consider, among other things, whether an outlet or journalist is acting in their, quote, ``legitimate press function.'' In keeping with the Federal court case Reader's Digest Association v. FEC, it applies a two-part test when analyzing the press exemption: first, whether an entity is a press entity; and, second, whether that press entity is acting in its, quote, ``legitimate press function.'' Here is how the FEC describes its analysis of legitimacy. And this is from an advisory opinion in 2016 that had the unanimous vote of the FEC, including all three FEC Republicans. And I quote: ``The Commission applies a two-step analysis to determine whether this media exemption, also known as the press exemption, applies. First, the Commission asks whether the entity engaging in the activity is a press entity within the meaning of the act and Commission regulations. Second, in determining the scope of the exemption, the Commission considers, one, whether the press entity is owned or controlled by a political party, political committee, or candidate, and, two, whether the press entity is acting as a press entity in conducting the activity at issue''--in other words, whether the press entity is acting in its, quote, ``legitimate press function.'' And they refer to the Reader's Digest Association v. FEC, found at 509 F. Supp. 1210 and 1215, as well as the FEC v. Phillips Publishing, as well as several advisory opinions. ``In applying this analysis''--and I go on to quote them--``the Commission considers whether the entity's materials are available to the general public, whether they are comparable in form to those ordinarily issued by the entity, and''--the point I am making is that this rule of construction is what is being referred to as a legitimate journalistic activity. There is a long body of law defining what it means. We will incorporate and assume that that body of law will continue to be in effect when we utilize this phrase that has been defined in these cases and opinions. And, therefore the amendment should be opposed and, I think, is ill-advised. I yield back the balance of my time. Are there further comments on the amendment? Mr. Raskin is recognized to strike the last word. Mr. Raskin. Yes, I move to strike the last word. Thank you, Madam Chairperson. Thanks for that explanation. And also thanks for the amendment, which I think does raise an interesting problem. I wondered if the Chairperson would be willing to give us some more concrete hypotheticals to help us understand this problem. Because, as stated, at this level of abstraction, I am not quite sure I understand. What is the general function of having this provision at all? As I understand it, if someone comes to my campaign representing a foreign government and seeks to engage in certain kinds of communications and interactions with me, that is a reportable event, even if they represent a state news service. Isn't that right? The Chairperson. Well, no. See, this would exempt that. Let's say Oligarch No. 1 comes to your campaign. You have a duty to report. But if it is a legitimate reporter, as defined by the legitimate press function and a whole body of law---- Mr. Raskin. Yes. The Chairperson [continuing]. That requirement to report would not exist, because it is a press inquiry. It is not a foreign interference. Mr. Raskin. And thank you for that explication. I guess that raises an issue with me, because, you know, I don't know what Vladimir Putin is calling Pravda these days, but if he sends state news to get involved with someone's campaign, it doesn't give me any comfort that that person is acting as a journalist for a foreign state actor. And so I guess I am looking for a broader defense of why we even have---- The Chairperson. Well---- Mr. Raskin. Do we feel this is a constitutionally necessary---- The Chairperson. I do. And whether there is further work that could be done to prevent what is perceived as a government propaganda arm is something we could discuss between here and the Floor. But there are many organizations that are legitimate news organizations, meeting the test in Reader's Digest Association, that are clearly not propaganda associations. For example, the BBC is funded by the British Government. I don't think anyone would say they are a propaganda source. They are a news source. We might feel differently about Pravda, but how we make that distinction I don't know at this moment. If you have additional suggestions between now and the Floor, we could all discuss them and---- Mr. Raskin. Okay. And then let me---- Mr. Davis of Illinois. Will the gentleman yield? Mr. Raskin. Yes, I am happy to yield. Mr. Davis of Illinois. Look, I think some of the questions you bring up are some of the concerns that we had. You know, we mentioned that the FEC has clearly defined what they believe legitimate news sources are. I mean, would like to be able to work together to--let's define it. Let's not make this as broad. That is my main concern about bringing this up; this is so broad. Who is going to make this judgment? And are we sure that they are going to follow the same process and procedures and the definition that the FEC follows? Mr. Raskin. Okay. And just reclaiming my time here, I would be delighted to work with both of you in thinking through the problem further. Unfortunately, your amendment, which I understand is well- intentioned, would make it broader. By removing ``legitimate,'' it opens the door broader to anybody who claims to be a news organization from a state. And so I guess, given the---- The Chairperson. You are thinking, if I may, if the gentleman will yield---- Mr. Raskin. Yes. The Chairperson [continuing]. You actually want to narrow the---- Mr. Raskin. Yes, I would either abolish it or narrow it. But, certainly, I want to keep the legitimacy of the news entity front and center, because there are lots of people who are really acting as political emissaries for various states out there who are happy to pose as reporters. Mr. Davis of Illinois. Will the gentleman yield? Mr. Raskin. I yield. Mr. Davis of Illinois. I agree, there are entities. But what I think this legislation does, which is why we wanted to bring it to the Majority's attention, is that it gives a blanket protection to anyone who may be considered by some agency in the Federal Government as legitimate when, at some time, they may be considered not legitimate in the future. They may be that entity. So the broadness of where we are right now with this definition, it shows why we have some concerns about this bill. I would love to work with you. I would like to immediately put the--I would work further right now if we could offer an amendment to put the FEC's definition of legitimate news sources into an amendment now and pass it today. Mr. Raskin. Well, reclaiming my time, thank you, and I appreciate that. And, again, I am very happy to work with both of you on brainstorming the best way to deal with the problem. But I don't think a good way to deal with it is to abolish the legitimacy criterion and thereby allow both legitimate and illegitimate news entities to come into the gate. So I yield back to you. The Chairperson. The gentleman yields back. Does any other Member wish to be heard on the amendment? If not, then the decision is on the amendment. All those who are in favor of the amendment will say aye. All those who are opposed will say no. In the opinion of the Chair, the noes have it. The noes have it and---- Mr. Davis of Illinois. I need a roll call vote, because I didn't ask for a roll call vote for H.R. 1 and now it is being viewed as unanimous. The Chairperson. Okay. The clerk will call the roll. The Clerk. Chairperson Lofgren? The Chairperson. No. The Clerk. Chairperson Lofgren votes no. Mr. Raskin? Mr. Raskin. No. The Clerk. Mr. Raskin votes no. Mrs. Davis of California? Mrs. Davis of California. No. The Clerk. Mrs. Davis of California votes no. Mr. Butterfield? Mr. Butterfield. No. The Clerk. Mr. Butterfield votes no. Ms. Fudge? [No response.] The Clerk. Mr. Aguilar? Mr. Aguilar. No. The Clerk. Mr. Aguilar votes no. Mr. Davis of Illinois? Mr. Davis of Illinois. Yes. The Clerk. Mr. Davis of Illinois votes yes. Mr. Walker? [No response.] The Clerk. Mr. Loudermilk? [No response.] The Chairperson. The clerk will report. The Clerk. Madam Chairperson, on this vote, five Members vote no and one Member is yes. The Chairperson. And the amendment is not agreed to. Are there additional amendments that Members wish to offer? Mr. Davis of Illinois. Yes. The Chairperson. The Ranking Member is recognized for the purpose of offering an amendment. The clerk will report the amendment. The Clerk. Amendment to the Amendment in the Nature of a Substitute to H.R. 4617 Offered by Mr. Davis of Illinois. Strike Subtitle B of Title I (and redesignate the previous subtitle accordingly). Page 37, line 19, strike ``Section 117 and.'' Page 37, line 22, strike ``(e)'' and insert ``(d).'' [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. Thank you. Mrs. Davis of California. I reserve a point of order. The Chairperson. The gentlelady reserves a point of order. The gentleman is recognized for five minutes in support of his amendment. Mr. Davis of Illinois. Thank you, Madam Chairperson. This amendment strikes Subtitle B of Title I. This section would not accomplish its desired goal of eliminating foreign meddling in our elections. This section only applies to paid ads, but in 2016 most Russian propaganda was posted for free on social media platforms. It would also apply only to the largest media platforms, such as Twitter, Facebook, and The New York Times, but ignores thousands of other platforms, viewed by hundreds of millions of Americans, open to foreign propaganda. It also requires web platforms to play the role of law enforcement officials. But if they fail to detect foreigners disguised with American identities, they will be punished as criminals. Our foreign adversaries will not be deterred by compliance with FEC filings. Do you think they care if they get hit with a civil penalty from an administrative board? The only people that will truly be penalized by this will be Americans who want to engage in public discourse. This is a good amendment that provides a fix to this bill that I believe right now, in its current form, is unfixable. And I urge--therefore, I doubt I get my wish that the Majority would pass this amendment. I would like to see something come through in any of these election security bills that have been marked up in this Committee. I would like to see at least someone work with us on a bipartisan amendment. I am still waiting, and I hope it might be this one. I yield back. The Chairperson. The gentleman yields back. The gentlelady withdraws her point of order. And the Chair recognizes herself to explain why I oppose the amendment. Essentially, the amendment would repeal the provisions of the SHIELD Act that basically reflect the Honest Ads Act. It is important that digital advertising be included in our efforts to reform in this space. Digital advertising can have far greater reach than broadcast advertising. They are relatively inexpensive to produce, can be disseminated instantly to huge audiences across vast distances. And I will note, the Ranking Member complains about lack of bipartisanship. The Honest Ads Act incorporated in Title I of the SHIELD Act actually has 18 Republican cosponsors and 17 Democratic cosponsors. So that is a bipartisan approach. Earlier this year, the Senate Select Committee on Intelligence, as I mentioned in my opening statement, released a report about Russian information warfare and specifically recommended, on page 80 of Volume II, that Congress should examine legislative approaches to ensuring Americans know the sources of online political advertisements. I think it is time for our disclosure and disclaimer laws and regulations to be updated to reflect how campaigns are run in the 21st century. The Honest Ads Act takes steps to curb illegal foreign influence in our elections by requiring that media platforms make reasonable efforts to ensure that political advertisements are not purchased by foreign nationals. Now, we know that during the 2016 Presidential elections Russian operatives took advantage of the absence of disclosure rules for online political ads. Facebook has disclosed that Russian entities spend $100,000 in political advertisements to amplify divisive social and political messages. And it is important to note that these ads were seen by a huge number of people. Now, it is true that paid political advertisements are not the sole method by which foreign adversaries wage disinformation. But they are a key tactic to grow followers and gain exposure to millions of people. According to page 44 of the bipartisan Senate report, 11.4 million people in the United States saw at least 1 of the 3,393 advertisements that were purchased by the IRA, the Russian influence agency. Moreover, they were targeted down to the State, city, and, in some instances, university level. I will just note that when Citizens United was decided by the Supreme Court--a decision, to be honest, I disagreed with-- one of the things that the Court said in making its ruling was, the answer to whatever harm would be done by money in the political arena would be disclosure. Justice Kennedy wrote that the First Amendment protects political speech, and disclosure permits citizens and shareholders to react to entities in a proper way. We need to have complete disclosure so that people know what they are getting. And we need to make sure that we prohibit these foreign, really, enemies of the United States from trying to disrupt our democracy. So, with that, I see my time is almost up, and I yield back. Are there additional Members wishing to be heard? If not, then the question is on the amendment. All those in favor will say aye. All opposed will say no. In the opinion of the Chair--the noes have it. Mr. Davis of Illinois. I clearly won that voice vote. I would like a roll call vote. The Chairperson. The Ranking Member asks for a roll call vote. The clerk will call the roll. The Clerk. Chairperson Lofgren? The Chairperson. No. The Clerk. Chairperson Lofgren votes no. Mr. Raskin? [No response.] The Clerk. Mrs. Davis of California? Mrs. Davis of California. No. The Clerk. Mrs. Davis of California votes no. Mr. Butterfield? [No response.] The Clerk. Ms. Fudge? [No response.] The Clerk. Mr. Aguilar? Mr. Aguilar. No. The Clerk. Mr. Aguilar votes no. Mr. Davis of Illinois? Mr. Davis of Illinois. Yes. The Clerk. Mr. Davis of Illinois votes yes. Mr. Walker? [No response.] The Clerk. Mr. Loudermilk? [No response.] The Chairperson. The clerk will report. The Clerk. Madam Chairperson, on this vote, there are three Members voting no and one Member voting yes. The Chairperson. And the amendment is not agreed to. Are there additional amendments that Members wish to offer? Mr. Davis of Illinois. Yes. I have an amendment at the desk. The Chairperson. The Ranking Member is recognized to offer his amendment. The gentlelady from California reserves a point of order. The clerk will report the amendment. The Clerk. The Amendment to the Amendment in the Nature of a Substitute to H.R. 4617 Offered by Mr. Davis of Illinois. Strike Section 115 (and redesignate the succeeding sections accordingly). [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. The gentleman is recognized for five minutes in support of his amendment. The gentlelady from California withdraws her point of order. Mr. Davis of Illinois. Madam Chairperson, I want to comment on your comments. I don't have the ability to get any of my colleagues to yield me time when they are not here. You are welcome, to the rest of the Committee, for not having me have extra time, but that means I get to take some time now. We are not against additional disclaimer and disclosure laws. We want to work with you all on this. But in its current form, this bill would regulate all political advertisement, of all Americans, for $100,000 in Russian ads out of $1.4 billion in online political ads purchased in the 2016 Presidential election. Remember, the majority of the propaganda came on free portions of the platforms. We haven't even had a hearing in this Committee with the companies who are in charge of these platforms to ask them why. Why did they take a check from a foreign country and put those ads up? What are they doing to ensure that countries like Russia can't use free platforms to disseminate bad information? Why don't we get a chance to have them at that table right there and ask them that? This bill has been rushed. That is the problem. That is the problem. We can throw $100,000 in Facebook ads in a Presidential election. My Lord, if you divided that by 435 and you put it in my race, you mean I only have to spend 1/435th of $100,000 and I am going to influence enough voters to make sure I come back here? That is what is going to make me win in my race? Seriously, come on. That is why this bill is bad. Madam Chairperson, you mentioned the Senate report that said we should examine legislation on online ads. Exactly. Why haven't we had a hearing about that? Why are we pushing another one of these partisan bills through this Committee, this Committee that has become one of the most legislating legislative committees of Congress? I am okay with that. I like debating these issues. But let's get real here. This amendment would correct a problem in this bill that applies television disclaimer rules to online advertising. I don't know about you, but, look, I have a race where I have to run television ads and I have to run online ads. There is a big freaking difference between an online advertisement and a TV advertisement. We are going to go backwards. We are not looking at the 21st century. We are not looking at new platforms. We don't even know what the next generation of platforms is going to be, because we haven't seen anybody here from any of these platforms that are named in this bill. That, to me, is not what I came to Congress for. I can talk bipartisanship all I want. How about information? Missed that. Don't get a chance. Instead, we are going to go put some--we here in Congress and on this Committee are now going to implement rules that online platforms are going to have to follow without giving a chance for them to tell us what they already do. Also, every time we debate an election security bill in this Committee, every single time, we forget to talk about what we have done right. We forget to talk about the 2018 election. Historic midterm turnout. Trust me, I know. A lot longer night than I am used to. Historic midterm turnout. What we don't talk about is where we have worked together in the last Congress in a bipartisan fashion, mind you, to provide millions of dollars to our States to work in conjunction with the Department of Homeland Security, who deserves a lot of kudos at a time where our Department of Homeland Security is attacked on a daily basis. They deserve a lot of credit for what they are doing, working with our local election officials to make sure no foreign country interferes in our elections. And you know what? You know what? It is working. Not one instance that I have seen reported of foreign interference in our 2018 election cycle. Not one. And you would think, if the Russians had been so successful in determining an outcome in an election, that they certainly would want to influence Congress too, right? But we see nothing. Wow. But let's go ahead and fix it. Let's go ahead and put antiquated rules for disclosure into law, because government knows best, without even asking these new platforms how they are going to implement them, without even pulling them in front of our Committee. If we are going to legislate on a Committee like this, like we are being asked to, then let's damn well have some hearings so we can hear why it is important, we can hear from them what is going to work and what is not. That is what makes me mad. And I don't have anybody here to yield me more time, and I am okay with that, but I am not going to sit here and look at this legislation and think that it is okay without standing up and putting up a fight. I know I am going to be alone on every one of these amendments. I know I am going to get drowned out by a unanimous vote except for me. And you know what? That is okay, because I am going to go to the Floor and say the same damn things. I yield back. The Chairperson. The gentleman yields back. The gentlelady withdraws her point of order. I recognize myself in opposition to the amendment. First, I just would like to note that we did have a hearing on February 14. We heard from eight witnesses at our hearing, ``For the People: Our American Democracy.'' And--excuse me? Mr. Davis of Illinois. Will the gentlelady yield? The Chairperson. No. I am in the middle of explaining why I oppose this amendment. We did have the Honest Ads Act discussed at that hearing. This amendment would eliminate the Honest Ads Act improvements on disclaimer and disclosure rules that apply to paid digital advertising on major online platforms. It seems to me that Americans should have the right to know who is spending money to influence their views, including on online digital ads. Transparency is key, as we have noted earlier and as the Supreme Court noted in the Citizens United case. The Honest Ads Act ensures that the same rules that apply to television and radio also would apply to digital advertisements but with regulatory flexibility to address ongoing changes in technology. For example, the bill, starting on page 16, requires advertisements to include in a clear and conspicuous manner who paid for the ad, but it provides for a special rule, on page 17, for qualified internet or digital communications in which a full paid-for-by disclaimer is not possible due to technological limitations. And that special rule would provide that an ad, at a minimum, include the name of the person who paid for the communication and then provide a means for the recipient of the communication to obtain the remainder of the information, required under the section, with minimal effort and without receiving or viewing additional materials. In other words, a rollover or pop-up or landing page could supply the remainder of the ``Stand By Your Ad'' rules. The three-second audio and four-second video requirement provides a safe harbor, as defined on page 18 of the bill, and it provides that the disclaimer information be presented in a clear and conspicuous manner. I would like to note that, although much has been said about bipartisanship, this Honest Ads bill has bipartisan support. On the House side, Representative Elise Stefanik of New York said this: ``The Honest Ads Act will prevent foreign actors from influencing our elections by ensuring that online political advertising follows the same rules as television advertising and discloses the purchaser. There is no doubt that Russia has tried to interfere in our electoral process, and I am proud to cosponsor this bipartisan effort to ensure they or other foreign entities are not successful.'' Senator Lindsey Graham, not known to be a liberal, made a similar statement of support of the Senate version of the Honest Ads Act. So, while the Ranking Member may not agree, as is his right, to suggest that this does not have bipartisan support, I think, is incorrect. I think the amendment, which would simply remove this, would be a mistake and would make this piece of legislation a far poorer piece of legislation, and I would ask that the Members vote against it. And I yield back the balance of my time. Do other Members wish to be heard? The gentlelady from California---- Mrs. Davis of California. Thank you. The Chairperson [continuing]. Is recognized for five minutes to strike the last word. Mrs. Davis of California. Yes. Madam Chairperson, just very briefly, I think, in many ways, what we are asking in this is that there are enough obstacles in the way to suggest, on some levels, that we are watching all these other entities at the same time. I think that is important, because what we are trying to do is, at the same time, sort of build resiliency in the population so people begin to ask those questions: Who is supporting this? How are they doing it? Where is the money coming from? Et cetera. And by removing all of that information we open up the gates and say ``come on in.'' I think we just have to put a few gates in the way to make it a far more difficult process for at least a certain amount of information that is meant to influence, on some levels--and, again, this is coming from foreign entities. And, you know, we don't want to get out of their way. We actually want to get in their way, in this instance. The Chairperson. Does the gentlelady yield back? Mrs. Davis of California. I yield back. The Chairperson. Are there other Members wishing to be heard on this amendment? If not, then the question is on the amendment. All those in favor will say aye. All those opposed will say no. In the opinion of the Chair, the noes have it. Mr. Davis of Illinois. Can I have a roll call vote? The Chairperson. The Ranking Member asked for a roll call vote. The clerk will please call the roll. The Clerk. Chairperson Lofgren? The Chairperson. No. The Clerk. Chairperson Lofgren votes no. Mr. Raskin? [No response.] The Clerk. Mrs. Davis of California? Mrs. Davis of California. No. The Clerk. Mrs. Davis of California votes no. Mr. Butterfield? Mr. Butterfield. No. The Clerk. Mr. Butterfield votes no. Ms. Fudge? Ms. Fudge. No. The Clerk. Ms. Fudge votes no. Mr. Aguilar? Mr. Aguilar. No. The Clerk. Mr. Aguilar votes no. The Clerk. Mr. Davis of Illinois? Mr. Davis of Illinois. Yes. The Clerk. Mr. Davis of Illinois votes yes. Mr. Walker? [No response.] The Clerk. Mr. Loudermilk? [No response.] The Clerk. Madam Chairperson, on this vote, there are five noes and one yes. The Chairperson. And the amendment is not agreed to. Does the Ranking Member have an additional amendment? Mr. Davis of Illinois. I do. I have an amendment at the desk, No. 4. The Chairperson. The gentleman is recognized to offer his amendment. The gentlelady from California reserves a point of order. The clerk will please report the amendment. The Clerk. Amendment to the Amendment in the Nature of a Substitute to H.R. 4617 Offered by Mr. Davis of Illinois. Strike Section 116 (relating to political record requirements for online platforms). [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. The gentleman is recognized for five minutes in support of his amendment. Mr. Davis of Illinois. Thank you, Madam Chairperson. And, look, I enjoy working with every Member on this Committee. We have our differences of opinion when it comes to these election security issues. I want to vent my frustration once more on this Honest Ads Act portion. Look, if the Honest Ads Act is what everybody wants, why aren't we just pushing that bill? Why are we following the same path that we have seen in other committees, where you take bipartisan legislation that could get marked up in a bipartisan way, we could make some fixes that even some of the cosponsors have come to talk to me about, we could make some fixes, and then we could pass it, and then we could all stand together. We could be like, yeah, we did it, we did something. Send it over to the Senate in a bipartisan fashion, and then the bogeyman, Senator Mitch McConnell, can't be blamed for stopping it, because we are going to push it over in a bipartisan fashion. But, instead, instead, you take a portion that has some very good things in it and you mold it together, like I said in my opening statements, with some poison pills. Then you call it the SHIELD Act instead. Well, that is great. Great. But there is a chance for bipartisanship and unfortunately we are not getting it. Which is why, as I said in my opening statement, I am throwing these amendments up, to send a message that maybe we should fix it, maybe we should do a little more, maybe we shouldn't rush this stuff. Because this is going to have a chilling effect on how all of us and how anybody who wants to participate in the political process actually is able to in the future. So much so that, when you look at this provision--another reason why we have offered this amendment is that I have three former FEC chairs that wrote an article addressing what, Madam Chairperson, you said earlier. And it says: But the bill, the Honest Ads Act, which goes far beyond the Senate report's recommendation, wouldn't prevent foreign meddling, and it would harm First Amendment rights. All I am doing is striking Section 116 because the bill, as written, would capture far more ads than what we have seen in the past and what I think the intention of the Majority is. Many issue-based groups say this would have a chilling effect on First Amendment rights. Now, you talk about having a political notation and categorization. Well, I would like to submit this for the record. I have some examples of---- The Chairperson. Without objection, so ordered. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Yeah, thank you. I have some examples of Facebook ads where they have been categorized ``issue,'' ``electoral,'' or ``political.'' Here is my favorite. I am a proud father of two small Yorkies. They run my house. I don't know how political they are, but the hotdogcollars.com-sponsored ad on Facebook was labeled ``electoral'' or ``political.'' I mean, it is so political that you can shop thousands of styles of dog collars, cat collars, leashes, ID tags, and more. Get free shipping on orders over 30 bucks. More than willing, Pete, if you want to buy me some dog collars, you get free shipping. All right. Thank you. So that is a problem. That is why we ought to have Twitter and Facebook here, so we can hear from them what they are already doing, what is working, and what is not. Recently, Federal courts have doubted the constitutionality of provisions such as this. A U.S. district court has preliminarily enjoined Maryland's implementation of the Maryland Online Electioneering Transparency and Actability Act, which in many ways was less burdensome than the Honest Ads Act section contained in this bill. The court held, ``All compelled disclosure laws implicate the Free Speech Clause, but laws imposing those burdens on the media implicate a separate First Amendment right as well, the freedom of the press.'' Lastly, Madam Chairperson, you mentioned a hearing that we had in preparation for H.R. 1, the one, with two panels. We had Secretaries of State here talking about election security issues. We had the Brennan Center talking about how they helped you guys write that 600-page bill. We had others come in talking about how they helped the Majority write the bill too. Yes, we had a hearing. But, no, we had nobody sitting at a table in a subsequent hearing from companies and platforms that we and everyone who participates in the political process will use in every subsequent election. We didn't have any of them come here to tell us how best to fix the problem and answer the questions as to why they took money from foreign countries for ads. I didn't get a chance to ask that. None of you got a chance to ask that. I think that is wrong. I think we could have had a very informational hearing with the companies that are going to be most affected by this very rushed legislation. I yield back. The Chairperson. The gentleman yields back. The gentlelady withdraws her point of order. The Chair recognizes herself for an explanation of why I would ask that the amendment be opposed. I did see the op-ed by the three former Republican members of the FEC opposing the Honest Ads Act, a bill that has been sponsored by Representative Kilmer, which currently has more Republican cosponsors than Democratic cosponsors. I note that two other FEC members, former Chair Ann Ravel, has endorsed the Honest Ads Act, as well as the current FEC Chair, Ellen Weintraub. So that appears to be split. The amendment would remove the recordkeeping requirements in the bill. Now, critics have said that it is, you know, somehow unfair for online platforms to maintain and make available for public inspection a record of campaign advertising. To be clear, the recordkeeping requirements are very similar to those that apply to broadcasters that maintain political files. Here, the platforms would be required to maintain a digital copy of the ad, a description of the audience targeted, and information about the rate charts, the candidate it supports, or the national legislative issue to which it refers. Moreover, the Honest Ads Act puts these transparency obligations on the largest platforms, those that sell ads and have 50 million or more monthly U.S. visitors. Now, platforms like Facebook and Google, in particular, have taken some voluntary steps, partly, to keep these recordkeeping requirements, although their work has not been perfect. But we in Congress need to do our job. These have to be requirements, not voluntary agreements that can be changed at any time. I would note also, I had not seen the dog collar ad mentioned and now put into our official record, but it is an example of why the ``national legislative issues of public importance'' provisions in the Honest Ads Act needs to be made law. The term ``national legislative issue of public importance,'' which is what triggers the qualified political advertisement for purpose of a platform's recording requirements, is borrowed from Section 315(e)(1)(B) of the Communications Act. This is not just made up here on the spot. It requires broadcasters to maintain and make available for public inspection a complete record of requests to purchase broadcast time going to a national legislative issue of public importance. We need to have an administrative standard, as we do in the context of broadcasters, and it is important we set that standard so it can be met. Finally, just a note on whether or not this will chill speech. I think it is important that, even though, as I mentioned earlier, I disagreed with the court in their Citizens United decision, seven Justices joined Justice Kennedy in saying, quote, ``The First Amendment protects political speech; and disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.'' Disclosure does not silence or censor any speech. The Court affirmed in Citizens United, by an eight-to-one margin, that disclaimer and disclosure requirements impose no ceiling on campaign-related activities and do not prevent anyone from speaking. So I think this amendment is ill-advised. I would urge that it be defeated. And I yield back the balance of my time. Do additional Members wish to be recognized? Seeing no one, then the question is on the amendment. All those who are in favor of the amendment will signify by saying aye. All opposed will say no. In the opinion of the Chair, the noes have it. Mr. Davis of Illinois. I request a roll call vote, please. The Chairperson. The Ranking Member has asked for a roll call. The roll call will be called by the clerk. The Clerk. Chairperson Lofgren? The Chairperson. No. The Clerk. Chairperson Lofgren votes no. Mr. Raskin? [No response.] The Clerk. Mrs. Davis of California? Mrs. Davis of California. No. The Clerk. Mrs. Davis of California votes no. Mr. Butterfield? Mr. Butterfield. No. The Clerk. Mr. Butterfield votes no. Ms. Fudge? Ms. Fudge. No. The Clerk. Ms. Fudge votes no. Mr. Aguilar? Mr. Aguilar. No. The Clerk. Mr. Aguilar votes no. Mr. Davis of Illinois? Mr. Davis of Illinois. Yes. The Clerk. Mr. Davis of Illinois votes yes. Mr. Walker? [No response.] The Clerk. Mr. Loudermilk? [No response.] The Clerk. Madam Chairperson, on this vote, there are five noes and one yes. The Chairperson. And the amendment is not agreed to. Are there additional amendments? Mr. Davis of Illinois. Madam Chairperson, I have an amendment at the desk, No. 5. The Chairperson. The clerk will report the amendment. The gentlelady from California reserves a point of order. Mr. Davis of Illinois. I will waive the reading of the bill. I would like to---- The Clerk. Amendment to the Amendment in the Nature of a Substitute to H.R. 4617 Offered by Mr. Davis of Illinois. In Section 319(d)---- The Chairperson. Without objection, the amendment is considered as read. [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. The gentleman is recognized for five minutes in support of his amendment. Mr. Davis of Illinois. Madam Chairperson, thank you. This amendment would simply include ``labor organizations'' after each occurrence of ``corporation.'' Unions have been treated in parity with corporations throughout the history of the Federal Election Campaign Act, and there is no reason to deviate from that here regarding certification of compliance. There is, however, no reason for either to actually be targeted in this bill. Neither corporations nor unions have been accused of any election interference in any election. I mean, frankly, I don't think either one should be in this bill. But since you put one in, we have to kind of put the other in. I am kind of waiting--it is interesting because, right now, under the Federal Election Campaign Act, nobody running for Federal office can take corporate dollars. Nobody. The only way that is going to happen is if H.R. 1 is ever signed into law. The Chairperson. Would the gentleman yield? Because I think we are prepared to accept your amendment. Mr. Davis of Illinois. Oh. Yes. The Chairperson. I think it is covered anyhow pursuant to the FEC, but I have no objection to including labor organizations along with the other delineated entities in both sections of the bill. And I am prepared to accept the amendment, and I think other members are as well, if we can proceed. Mr. Davis of Illinois. Well, I will reclaim my time. Thank you for the cooperation. And, in this case, look, I am a pro-labor Republican. I am somebody who is proud to be endorsed in my campaigns by many labor organizations. These are opportunities for us to be able to work together for commonsense solutions. The sheer fact that we are targeting labor or corporations in this bad bill is something that I think the entire Committee needs to be concerned about. And when we move forward and we can talk about bipartisanship, I hope it is in the sense that we have truth when it comes to advertising in the future. Now, I am sitting here, and I can tell you, as somebody who had millions of dollars spent against him in online ads, TV ads, radio ads, where they said I took corporate money, I mean, I can't wait, if this bill is put into law, for the Attorney General and the DOJ to spend millions of your tax dollars actually setting the record straight on my behalf when we finally find out that none of us can take corporate money. That is what this bill does. We are going to address that later. It is going to be pretty fun. But this is an opportunity for us to be able--I would rather this amendment strike ``labor'' and ``corporate,'' but if you are going to put one in, you are going to have to put the other. And I don't think my friends in organized labor would have any problems coming up with the same certifications that everybody else is. And, frankly, when we look ahead, I think it is incumbent upon them and anyone who wants to participate in the political process to do it. But let's not kid ourselves; this is another example--and I am glad you guys are offering bipartisanship. You kind of take one of my arguments away when we get to the floor, but I will make an adjustment. But, in the end, if you guys want to target corporations that can't give to us anyway, instead of stripping this language out, if you want to add ``labor'' to it, on a bad bill--hey, I am trying to prove a point, how bad your bill is. If you want to make it worse, let's go. I yield back. The Chairperson. The gentlelady withdraws her point of order. The question is on the amendment. All those in favor will say aye. Opposed will say no. In the opinion of the Chair, the ayes have it. Does the gentleman wish a recorded vote? Then the record will reflect that all Members have voted aye. Are there additional amendments to be offered? Mr. Davis of Illinois. Yes. Amendment No. 6. I have an amendment at the desk. The Chairperson. The clerk will report, and the gentlelady reserves a point of order. The Clerk. The amendment to the amendment in the nature of a substitute to H.R. 4617, offered by Mr. Davis of Illinois. Insert after Title III the following and conform the succeeding---- The Chairperson. The bill will be considered--the amendment will be considered as read. [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. The gentleman is recognized for five minutes in support of this amendment. Mr. Davis of Illinois. Thank you, Madam Chairperson. This is one that I think we have heard before in this Committee. This amendment would simply prohibit ballot harvesting. We want to talk about making sure that we know that our election processes are fair. We have got to be concerned about the chain of custody when it comes to every ballot, and we are going to have now, if this bill passes, labor organizations certify when they participate in the political process to make sure they have no foreign nationals participating in the political process. We are going to have corporations that can't give to us under current law unless H.R. 1 passes, that are going to have to certify that they don't have foreign nationals participating in our election process? How about we get to the ballot level? North Carolina just had a special election where a Republican operative is going to likely go to jail because of chain of custody questions in a ballot harvesting process that is illegal in North Carolina but legal in other States in our Nation. If we are going to have labor organizations now certify that they have no foreign interference in the election process, we ought to make sure that we outlaw processes ripe for political operatives to take advantage of. And if we have nefarious adversaries like Russia that have interfered in the 2016 election, we did a great job making sure they didn't interfere in the 2018 election, they are criminal. They want to continue to spew their propaganda here in our country. They want to interfere in our elections. Don't you think they are going to figure out how to use this ballot harvesting process that takes away any identity of chain of custody of where that ballot comes from and where it gets to and what happens in between? We are just going to trust people to do that? That is why that process is just ripe for criminal activity. And if it is criminal activity in North Carolina that required us to have a special election, where millions upon millions of dollars were spent again, we Republicans recognize that it was a problem, and we are glad that the State decided to not certify the first winner. And we are glad they had a special election, which the other side started with a tremendous advantage. It didn't work out for them, but you know what? We said right is wrong, and wrong is wrong. What was wrong in North Carolina can't be right in the other States. If you want to address the entire security of our elections, you can't just start on online advertising, and it can't just start with election machines. It has got to end before that ballot gets to the ballot box to be counted. And until we address this ballot harvesting issue, we will not be sure that the entire election process is secure. States have decided to outlaw ballot harvesting, States like Arizona. If we are going to do a Federal approach, let's do it together. I think we ought to. We need much more security when it comes to the chain of custody of our ballots because we saw the activity that is criminal in North Carolina, and we stood together and said it is wrong. Let's stand together again now. I am going to keep offering this ballot harvesting stuff every single time we have an election security bill because it is a loophole that will continue to exist no matter what happens with any of these bills that are passed through here. Until that loophole is closed, I don't know how Americans can ever be sure that we stop all foreign interference in the elections. It is that important, ladies and gentlemen. There are other areas we can work together to make sure that we preserve that chain of custody. Maybe we can put bar codes, have certifications from anybody who is ballot harvester. Why wouldn't we make sure that no foreign agent decides to be a ballot harvester in any State in our Nation? This is a good amendment. Let's work to make sure that it passes. I yield back. The Chairperson. I don't know if the gentlelady intends to insist on a point of order. I would note that this amendment is out outside of the scope of the bill, which does not deal with HAVA, but perhaps rather than getting down a rabbit hole on germaneness, I will just address the issue, and we will have a vote on the amendment if the gentlelady will withdraw her point of order as a courtesy, not because it is germane. The gentlelady withdraws her point of order. I would urge that the amendment be defeated. Some States have laws that make voting accessible for homebound voters and others who have trouble physically getting to the polls. For instance, California's Elections Code 3017 provides that a vote-by-mail voter who is unable to return the ballot may designate any person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or a vote center within the State, or to a vote- by-mail drop off location within the State. Now, allowing absentee voters to designate someone to drop off their marked ballot allows for greater participation in elections. Some people are homebound. They may not have family to delegate this role to. They should still have the right to vote, make their voice heard in our elections. They should not be disenfranchised for that reason. Any method of illegal or fraudulent voting is by definition against the law, and it carries strict penalties. You know, I am from California, and there were no credible reports of this ballot return practice resulting in any fraudulent or otherwise illegally cast ballots. And I will tell you: We had voter monitors from both parties at all the elections, and nobody filed a complaint because there was no fraud. By contrast, unfortunately, in North Carolina, which, frankly, has a much stricter absentee ballot drop-off law than California, they did come under scrutiny because there was fraud. There was a GOP operative who engaged in fraud, and I believe he is being prosecuted. In North Carolina, only a family member or a legal guardian can drop off a mail ballot. But the deception engaged in in North Carolina last year is the problem, not the drop-off law itself, because the drop-off law didn't prevent fraud. Fraud is fraud. So the strictness of the law really proved inconsequential to prevent election fraud. The SHIELD Act actually doesn't have anything to do with this provision of the amendment, which is why it probably isn't germane. It closes instead the gap in the law that foreign governments and others could exploit to manipulate our democracy. But the idea that voter fraud is somehow related to voter turnout, the real fact is we need to have robust turnout among American citizens to have a robust democracy. The ability of people who are mobility-impaired to have their votes carried by a friend or neighbor or anyone they designate is a good thing for voter turnout. It has nothing to do with fraud. As I mentioned, the stricter methods in North Carolina certainly did not result in fraud from occurring there. So, with that, I would yield back the balance of my time to other members who wish to be heard on this amendment. The gentleman from North Carolina is recognized to strike the last word. Mr. Butterfield. I move to strike the last word. Madam Chairperson, because of the experience that we had in North Carolina, I have grave concerns about ballot harvesting. We have not had that experience before in North Carolina. It has not been a widespread problem throughout the country, but what we saw in the Ninth Congressional District in North Carolina was unacceptable. But I am going to deem that to be an aberration and just not something that we will see repeatedly. There may come a time when I will vote for an amendment like this, but right now, I think the evidence is not there that will support it. Therefore, I will be voting against the amendment. Thank you. The Chairperson. Thank you. Any other Members wishing to be heard? If not, the question is on the amendment. All those in favor will say aye. All those opposed will say no. In the opinion of the Chair, the noes have it. The gentleman asks for a recorded vote. The clerk will call the roll. The Clerk. Chairperson Lofgren? The Chairperson. No. The Clerk. Chairperson Lofgren votes no. Mr. Raskin? Mr. Raskin. No. The Clerk. Mr. Raskin votes no. Mrs. Davis of California? Mrs. Davis of California. No. The Clerk. Mrs. Davis of California votes no. Mr. Butterfield? Mr. Butterfield. No. The Clerk. Mr. Butterfield votes no. Ms. Fudge? Ms. Fudge. No. The Clerk. Ms. Fudge votes no. Mr. Aguilar? Mr. Aguilar. No. The Clerk. Mr. Aguilar votes no. Mr. Davis of Illinois? Mr. Davis of Illinois. Yes. The Clerk. Mr. Davis of Illinois votes yes. Mr. Walker? [No response.] The Clerk. Mr. Loudermilk? [No response.] The Chairperson. The clerk will report. The Clerk. Madam Chairperson, on this vote, there are six noes and one yes. The Chairperson. The amendment is not agreed to. Are there further amendments? Mr. Davis of Illinois. Madam Chairperson, I have an amendment at the desk. As we only have three more, I would urge to waive the reading, if possible. The Chairperson. The clerk will report the amendment. The gentlelady reserves a point of order, and the reading of the amendment is dispensed with. [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Madam Chairperson, am I recognized? The Chairperson. Yes, you are for five minutes in support of your amendment. Mr. Davis of Illinois. Thank you, Madam Chairperson. During the passage of H.R. 1 through this Committee, Chairperson Lofgren indicated that any provision of the bill that would be reserved would have an opportunity to be marked up in the respective committees that have jurisdiction over the reserved sections. Unfortunately, not only were large portions of H.R. 1 passed without a markup, but Chairperson Lofgren has not afforded a similar opportunity for the SHIELD Act, leaving the reserved a very important section, even though it has been indicated that bills marked up by the Committee would follow regular order. This section is a massive Federal overreach and is another example of not providing the Judiciary Committee with an opportunity to mark it up adequately. Section 313 also is poorly drafted, and it places an impossible onus on the Attorney General and the Department of Justice as what I mentioned earlier. So, when I am accused by my opponent of taking corporate dollars which I can't do by law, when I am accused of doing that by law, if this bill passes, I would have the right to go to the DOJ to get them to spend your tax dollars to defend me, to say that that is not true. I just think this places an onerous burden on the Department of Justice. And are they going to put a political litmus test in place, depending on who is in power? Listen. I am a proud Republican, but I don't want any party at the Department of Justice having that power to determine how they are going to spend your tax dollars to defend something that is said about a Congressional candidate. It just--it scares me, and it is an overreach. You know, I said it is poorly drafted. It places an impossible burden on the Attorney General and the Department of Justice under any administration. This bill states that the Attorney General shall communicate to the public by any means necessary the supposed materially false information he or she believes the State authorities have failed to monitor and sufficiently communicate. Okay. Any means? Are they going to spend a million bucks on TV in my district, in somebody else's? I would think long and hard about this provision in this bill. Are they going to do it by lifeguard signals, maybe? They won't spend as much money on others. Maybe some Morse code? What defines adequate steps? This phrase is too vague and would allow the AG to take whatever steps he or she deemed necessary. Imagine if a Republican Attorney General, such as the current Attorney General, Mr. Barr, imagine if he would have the power to intervene in the elections of Democrats. Under this section, under this section, he would have the power to do that. I also want to submit for the record a letter from the Ranking Member of the Judiciary Committee, Doug Collins, that asked for a hearing in the Judiciary Committee about these provisions in the SHIELD Act of Chairman Nadler, so I would like to submit that for the record along with---- The Chairperson. Without objection, so ordered. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Thank you. Along with, again, the Facebook ads. The Chairperson. That has already been included as well. Mr. Davis of Illinois. Since Mr. Aguilar won't buy my dogs collars, there is another one here that is deemed political. It is for the pizza crave. It is a $10 pizza special. The Chairperson. I think the entire page has been included in the record. Mr. Davis of Illinois. Thank you. I wanted to highlight that, though. I still have some time left. I will go ahead and yield back. The Chairperson. The gentleman yields back. Does the gentlelady insist on a point of order? Mrs. Davis of California. Yes. Madam Chairperson, I continue to make a point of order that the amendment violates Rule X of the Rules of the House as being outside the Committee's jurisdiction. The language of Subtitle B of Title 3 of H.R. 4617 as introduced, was removed from the measure being marked up today as being within the jurisdiction of the Judiciary Committee. Mr. Davis of Illinois. Madam Chairperson, I will withdraw this amendment, but I think it is something that the Majority and every Member needs to think about before we rush this through without a hearing. You said during H.R. 1, we would have regular order. This is not going to happen unless they get a hearing at least in Judiciary on the parts that are reserved for them, and I yield back. The Chairperson. Without objection the gentleman withdraws his amendment. Are there additional amendments that the gentleman wishes to offer? Mr. Davis of Illinois. Madam Chairperson, I have an amendment at the desk, No. 8. The Chairperson. The clerk will report the amendment, and, by unanimous consent, the amendment will be considered as read. [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] The Chairperson. And the gentlelady reserves a point of order. Mr. Davis of Illinois. Madam Chairperson, thank you. This amendment will prohibit political committees from directly or indirectly making disbursements to foreign nationals. Political campaigns should not be enlisting the aid of foreign nationals, either directly or indirectly, such as the Hillary for America campaign did in 2016 by hiring Fusion GPS through its law firm, Perkins Coie. The campaign then reported this covert transaction by filing an FEC statement looping in this activity with legal services provided by Perkins Coie. This amendment would ensure that this loophole would be closed. Political disbursements to foreign nationals only serve to weaken confidence in the impartiality of our elections. Banning disbursements to foreign nationals would limit the access that nefarious foreign actors would have to our country's political campaigns. I would urge a ``yes'' vote on this amendment, and I yield back. The Chairperson. The gentleman yields back. I recognize myself to urge opposition to this amendment. Does the gentlelady withdraw her point of order. Mrs. Davis of California. Yes. The Chairperson. I think there has been persistent effort on the other side of the aisle to try and use the Steele dossier, the so-called Steele dossier, as a smokescreen to obfuscate and to avoid doing things about interference from foreign adversaries in our elections, and I think it is really a classic example of false equivalencies. A campaign that hires an American opposition research firm, such as Fusion GPS, and that pays for any resulting research is very different from the President's repeated efforts to welcome interference from foreign governments in our elections, including by Russia, Ukraine, and China. Now, Fusion GPS was originally hired by a conservative outlet, the Washington Free Beacon, for its opposition research. Then it was retained by the Clinton campaign, which paid for the resulting work. It was not an illegal in-kind contribution from a foreign government. It was fee-for-service, and, by the way, it is fully reported under the FEC rules. The law allows campaigns to contract with foreign individuals to do bona fide campaign work that it pays for. And I will remind my colleagues that it was the Trump campaign that hired Cambridge Analytica, a British firm, to work in 2016. I think that it is a mistake to blur the facts. Closing gaps in our laws should not be partisan. The SHIELD Act responds to vulnerabilities in our system and creates a duty to report illicit offers of campaign assistance from foreign governments and their agents. It helps to prevent foreign interference and deter disinformation by improving transparency of online political ads and closes loopholes that allow foreign nationals and foreign governments to spend money influencing our elections. This amendment does not solve any problem at all. This amendment would make it hard to run a campaign. It would mean having to worry if the campaign signs you printed came from a foreign company or if the catering firm you hired had foreign workers, and that really has nothing to do with foreign influence on the campaign when you are paying for a service. If the campaign is paying someone for work or services, they are being compensated. Where that doesn't happen and a campaign is accepting a contribution or a thing of value from a foreign government, the question is what is in it for them, and that is an entirely different matter. So I would urge this amendment's defeat, and I yield back the balance of my time and would ask if there are other additional Members wishing to be heard on the amendment. If not, then the question is on the amendment. Those that are in favor will say aye. Those who are opposed will say no. In the opinion of the Chair, the noes have it. The Ranking Member asks for a roll call vote. The clerk will please call the roll. The Clerk. Chairperson Lofgren? The Chairperson. No. The Clerk. Chairperson Lofgren votes no. Mr. Raskin? Mr. Raskin. No. The Clerk. Mr. Raskin votes no. Mrs. Davis of California? Mrs. Davis of California. No. The Clerk. Mrs. Davis of California votes no. Mr. Butterfield? Mr. Butterfield. No. The Clerk. Mr. Butterfield votes no. Ms. Fudge? Ms. Fudge. No. The Clerk. Ms. Fudge votes no. Mr. Aguilar? Mr. Aguilar. No. The Clerk. Mr. Aguilar votes no. Mr. Davis of Illinois? Mr. Davis of Illinois. Aye. The Clerk. Mr. Davis of Illinois votes yes. Mr. Walker? [No response.] The Clerk. Mr. Loudermilk? [No response.] The Chairperson. The clerk will report. The Clerk. Madam Chairperson, on this vote, there are six noes and one yes. The Chairperson. And the amendment is not agreed to. Does the gentleman have an additional amendment? Mr. Davis of Illinois. I do, Madam Chairperson. I have an amendment at the desk, No. 9. The Chairperson. The clerk will please report the amendment, and the gentlelady reserves a point of order. The Clerk. The amendment to the amendment in the nature of a substitute to H.R. 4617, offered by Mr. Davis of---- The Chairperson. Without objection, the amendment is considered as read, and the gentleman is recognized for five minutes in support of this amendment. [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Thank you, Madam Chairperson. I am disappointed we couldn't see bipartisanship in the last amendment. I believe my bill would simply be even more strict to any campaign, not just Hillary Clinton's or Donald Trump's, to make sure we have no foreign interference. You know, you talked about--Madam Chairperson, you talked about how we don't want to have anybody blur the facts. You can't get much more blurry than the sheer fact that Hillary for America tried to hide the true source of the payments to Fusion GPS for an opposition research project that created a dossier that was investigated by a foreign national, Christopher Steele, and, in turn, was put together with direct connection to Russian operatives. I mean, you can't get much more foreign interference in opposition research than that. And then, when reporting it to the FEC, when reported to the FEC, Hillary for America described that as legal services--not opposition research, not Fusion GPS--legal services. That is a problem. That is a problem. I don't want any campaign doing something like that in the future. I don't care if they are Republican or Democrat. This shouldn't be a partisan issue. But this amendment would prohibit how the funds from going to States-- millions of taxpayer dollars from going to States that allow noncitizens to vote in an election for public office, how the funds are meant for U.S. election infrastructure. And when the States allows millions of noncitizens to vote in their State and local elections, it degrades the security of that election infrastructure. Additionally, much of the HAVA funds have been used to update State voter registration databases, such as my home State of Illinois. When you have millions of people improperly registered, it takes away resources that could be used for other areas of election infrastructure, such as newer, stronger, more secure election machines. I would urge a ``yes'' vote on this. Federal funds should not be expended on projects for States that don't follow Federal law. And when we are talking about any other investment of Federal dollars, be it transportation dollars, be it education dollars, cancer research dollars, Federal law has to be followed. So Federal dollars shouldn't be spent in areas in the States that implement portions that don't coincide with the Federal rules and regulations. So, with that, I yield back, and I urge a ``yes'' vote. The Chairperson. The gentleman leads back. The gentlelady, I assume, wishes to insist on her point of order because this amendment is beyond the scope of this bill. It seeks to amend the Help America Vote Act, which is not included within the SHIELD Act and, therefore, is beyond the scope of the bill. I would note, however, that it is illegal for noncitizens to vote in Federal elections. It is illegal today. It will be illegal tomorrow. It will be illegal if this amendment were defeated. But it is not germane, so I would ask the gentleman if he would wish to withdraw it. Mr. Davis of Illinois. Madam Chairperson, yes. I would wish to withdraw the amendment at this time. The Chairperson. By unanimous consent, the gentleman withdraws his amendment. Are there additional amendments? Mr. Davis of Illinois. There is. My final amendment, amendment No. 10. The Chairperson. The clerk will report the amendment. And, without objection, the reading of the amendment is waived, and the gentlelady from California reserves a point of order. [The amendment of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Thank you, Madam Chairperson. I would note that I don't think we will have any germaneness questions on this amendment. The idea that we would allow foreign nationals to administer our elections is ridiculous, but, right now, there is nothing specifically preventing that. This is another amendment that should pass with bipartisan support if we are truly trying to close every loophole and prevent foreign interference in our elections. I mean, we could, unless you pass my amendment, have Russians managing machine storage facilities. We could have Russians serving as IT professionals. And as we pointed out during debate on H.R. 2722, we could have Russians harvesting ballots. We could have Russians harvesting ballots unless this amendment passes. Let's all agree that foreign nationals should not be in contact with our election infrastructure. Let's pass this amendment. Let's make this bill a step better than it is. I urge a ``yes'' vote, and I yield back the balance of my time. The Chairperson. The gentleman yields back. I assume the gentlelady would like to insist on a point of order since, once again, this amendment amends the Help America Vote Act, which is not before us in the SHIELD Act or the amendment in the nature of a substitute. I would note that, as Mr. Aguilar pointed out during the debate on H.R. 1, it is also unnecessary. Fraud is not legal anywhere. If an H-1B visa holder or your husband is a TPS recipient and takes the ballot to the poll for you, it is not a problem or fraud. But having said that, this amendment is beyond the scope of the bill, and I wonder if the member would like to ask unanimous consent to withdraw it. Mr. Davis of Illinois. I am not going to ask. I am not going to offer withdrawal on this one. The Chairperson. Then the question is on the ruling of the Chair which is that the point of order is in order. The amendment is beyond the scope of the bill and is, therefore, not germane. Do you wish to be heard on the point of order? Mr. Raskin. Well, I was hoping to move to table. The Chairperson. Well, let's allow the gentleman---- Mr. Raskin. Okay. The Chairperson. Let's hold off so that the gentleman can be heard to speak on the point of order. I don't want to cut that off. Mr. Davis of Illinois. If we are serious in this institution about making sure that the entirety of our election process is secure, it is amendments like this that ought to garner as much bipartisan support as possible. With that being said, we in this Committee have had bills rushed through that deal with election security. We have been talking about election security issues. You can't get much more relevant and germane to what we are doing when we were trying to limit foreign interference in our elections than this amendment. So that is why I am not offering a unanimous consent request to withdraw the amendment and take the issue of germaneness without a fight. I think it is germane. I think it is something we should be concerned about. I know I am not going to win this fight looking at the numbers on the other side of the dais, but I think it is important for the American people to understand that there are people in this institution that are actually wanting to stand up and ensure that the entirety of our election process is secure. I don't want Russians running storage facilities where our election machines are stored. I want to make sure they can't do that. That is what this amendment addresses. The bill does not address it. The underlying---- The Chairperson. Correct. That is the point. The underlying bill--the amendment is not germane. Mr. Davis of Illinois. The underlying bill does not address the problem I just mentioned. I am not talking germaneness, Madam Chair. But if you want to talk germaneness, let's run the vote. I yield back. The Chairperson. All right. The gentleman yields back. The ruling of the Chair is that the amendment is not germane. We do follow the rules here in how we operate. Sometimes people don't like the rules, but we follow them. And this amendment is beyond the scope of the underlying bill. Therefore, it is not germane and will not be considered. And Mr. Raskin makes a motion to table the appeal of the ruling of the Chair. All those in favor of tabling the appeal of the ruling of the Chair will say aye. All those opposed will say no. In the opinion of the Chair, the ayes have it. A roll call is requested. The clerk will call the roll on tabling the appeal of the ruling by the Chair. The Clerk. Chairperson Lofgren? The Chairperson. Aye. The Clerk. Chairperson Lofgren votes aye. Mr. Raskin? Mr. Raskin. Aye. The Clerk. Mr. Raskin votes aye. Mrs. Davis of California? Mrs. Davis of California. Aye. The Clerk. Mrs. Davis of California votes aye. Mr. Butterfield? Mr. Butterfield. Aye. The Clerk. Mr. Butterfield votes aye. Ms. Fudge? Ms. Fudge. Aye. The Clerk. Ms. Fudge votes aye. Mr. Aguilar? Mr. Aguilar. Aye. The Clerk. Mr. Aguilar votes aye. Mr. Davis of Illinois? Mr. Davis of Illinois. No. The Clerk. Mr. Davis of Illinois votes no. Mr. Walker? [No response.] The Clerk. Mr. Loudermilk? [No response.] The Chairperson. The clerk will report. The Clerk. Madam Chairperson, on this vote, six ayes and one no. The Chairperson. And the motion to table the appeal of the ruling of the Chair is agreed to. Are there further amendments? If not, all those who are in favor of the amendment in the nature of a substitute will indicate by saying aye. All those who are opposed will say no. We will now move to the question of reporting H.R. 4617, as amended, favorably to the House. All those in favor will say aye. Opposed will say no. In the opinion of the Chair, the ayes have it. The Ranking Member requests a recorded vote. The clerk will call the roll, please. The Clerk. Chairperson Lofgren? The Chairperson. Aye. The Clerk. Chairperson Lofgren votes aye. Mr. Raskin? Mr. Raskin. Aye. The Clerk. Mr. Raskin votes aye. Mrs. Davis of California? Mrs. Davis of California. Aye. The Clerk. Mrs. Davis of California votes aye. Mr. Butterfield? Mr. Butterfield. Aye. The Clerk. Mr. Butterfield votes aye. Ms. Fudge? Ms. Fudge. Aye. The Clerk. Ms. Fudge votes aye. Mr. Aguilar? Mr. Aguilar. Aye. The Clerk. Mr. Aguilar votes aye. Mr. Davis of Illinois? Mr. Davis of Illinois. No. The Clerk. Mr. Davis of Illinois votes no. Mr. Walker? [No response.] The Clerk. Mr. Loudermilk? [No response.] The Clerk. Madam Chairperson, on this vote there are six ayes and one no. The Chairperson. And, therefore, H.R. 4617, as amended, is reported favorably to the House. The motion to reconsider is laid on the table. Without objection, the staff is authorized to make any technical and conforming changes, and I want to thank all of our Members for participating in today's markup. There being no further business, without objection, the Committee stands adjourned. [Whereupon, at 4:33 p.m., the Committee was adjourned.]