[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2722 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 2722

_______________________________________________________________________

                                 AN ACT


 
 To protect elections for public office by providing financial support 
  and enhanced security for the infrastructure used to carry out such 
                   elections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Securing America's 
Federal Elections Act'' or the ``SAFE Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE

         Subtitle A--Voting System Security Improvement Grants

   Part 1--Promoting Accuracy, Integrity, and Security Through Voter-
                    Verified Permanent Paper Ballot

Sec. 101. Short title.
Sec. 102. Paper ballot and manual counting requirements.
Sec. 103. Accessibility and ballot verification for individuals with 
                            disabilities.
Sec. 104. Durability and readability requirements for ballots.
Sec. 105. Paper ballot printing requirements.
Sec. 106. Study and report on optimal ballot design.
Sec. 107. Effective date for new requirements.
                Part 2--Grants to Carry Out Improvements

Sec. 111. Grants for obtaining compliant paper ballot voting systems 
                            and carrying out voting system security 
                            improvements.
Sec. 112. Coordination of voting system security activities with use of 
                            requirements payments and election 
                            administration requirements under Help 
                            America Vote Act of 2002.
Sec. 113. Incorporation of definitions.
                    Subtitle B--Risk-Limiting Audits

Sec. 121. Risk-limiting audits.
Sec. 122. Funding for conducting post-election risk-limiting audits.
Sec. 123. GAO analysis of effects of audits.
  TITLE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION 
                             ADMINISTRATION

Sec. 201. Voting system cybersecurity requirements.
Sec. 202. Testing of existing voting systems to ensure compliance with 
                            election cybersecurity guidelines and other 
                            guidelines.
Sec. 203. Requiring use of software and hardware for which information 
                            is disclosed by manufacturer.
Sec. 204. Treatment of electronic poll books as part of voting systems.
Sec. 205. Pre-election reports on voting system usage.
Sec. 206. Streamlining collection of election information.
  TITLE III--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES

Sec. 301. Use of voting machines manufactured in the United States.
                         TITLE IV--SEVERABILITY

Sec. 401. Severability.

         TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE

         Subtitle A--Voting System Security Improvement Grants

   PART 1--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
                    VERIFIED PERMANENT PAPER BALLOT

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Voter Confidence and Increased 
Accessibility Act of 2019''.

SEC. 102. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

    (a) In General.--Section 301(a)(2) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
            ``(2) Paper ballot requirement.--
                    ``(A) Voter-verified paper ballots.--
                            ``(i) Paper ballot requirement.--(I) The 
                        voting system shall require the use of an 
                        individual, durable, voter-verified paper 
                        ballot of the voter's vote that shall be marked 
                        and made available for inspection and 
                        verification by the voter before the voter's 
                        vote is cast and counted, and which shall be 
                        counted by hand or read by an optical character 
                        recognition device or other counting device. 
                        For purposes of this subclause, the term 
                        `individual, durable, voter-verified paper 
                        ballot' means a paper ballot marked by the 
                        voter by hand or a paper ballot marked through 
                        the use of a nontabulating ballot marking 
                        device or system, so long as the voter shall 
                        have the option to mark his or her ballot by 
                        hand. The paper ballot shall be printed or 
                        marked in such a way that vote selections, 
                        including all vote selections scanned by voting 
                        systems to tabulate votes, can be inspected and 
                        verified by the voter without training or 
                        instruction or audited by election officials 
                        without the aid of any machine or other 
                        equipment.
                            ``(II) The voting system shall provide the 
                        voter with an opportunity to correct any error 
                        on the paper ballot before the permanent voter-
                        verified paper ballot is preserved in 
                        accordance with clause (ii).
                            ``(III) The voting system shall not 
                        preserve the voter-verified paper ballots in 
                        any manner that makes it possible, at any time 
                        after the ballot has been cast, to associate a 
                        voter with the record of the voter's vote 
                        without the voter's consent.
                            ``(ii) Preservation as official record.--
                        The individual, durable, voter-verified paper 
                        ballot used in accordance with clause (i) shall 
                        constitute the official ballot and shall be 
                        preserved and used as the official ballot for 
                        purposes of any recount or audit conducted with 
                        respect to any election for Federal office in 
                        which the voting system is used.
                            ``(iii) Manual counting requirements for 
                        recounts and audits.--(I) Each paper ballot 
                        used pursuant to clause (i) shall be suitable 
                        for a manual audit, and shall be counted by 
                        hand in any recount or audit conducted with 
                        respect to any election for Federal office.
                            ``(II) In the event of any inconsistencies 
                        or irregularities between any electronic vote 
                        tallies and the vote tallies determined by 
                        counting by hand the individual, durable, 
                        voter-verified paper ballots used pursuant to 
                        clause (i), and subject to subparagraph (B), 
                        the individual, durable, voter-verified paper 
                        ballots shall be the true and correct record of 
                        the votes cast.
                            ``(iv) Application to all ballots.--The 
                        requirements of this subparagraph shall apply 
                        to all ballots cast in elections for Federal 
                        office, including ballots cast by absent 
                        uniformed services voters and overseas voters 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act and other absentee voters.
                    ``(B) Special rule for treatment of disputes when 
                paper ballots have been shown to be compromised.--
                            ``(i) In general.--In the event that--
                                    ``(I) there is any inconsistency 
                                between any electronic vote tallies and 
                                the vote tallies determined by counting 
                                by hand the individual, durable, voter-
                                verified paper ballots used pursuant to 
                                subparagraph (A)(i) with respect to any 
                                election for Federal office; and
                                    ``(II) it is demonstrated by clear 
                                and convincing evidence (as determined 
                                in accordance with the applicable 
                                standards in the jurisdiction involved) 
                                in any recount, audit, or contest of 
                                the result of the election that the 
                                paper ballots have been compromised (by 
                                damage or mischief or otherwise) and 
                                that a sufficient number of the ballots 
                                have been so compromised that the 
                                result of the election could be 
                                changed,
                        the determination of the appropriate remedy 
                        with respect to the election shall be made in 
                        accordance with applicable State law, except 
                        that the electronic tally shall not be used as 
                        the exclusive basis for determining the 
                        official certified result.
                            ``(ii) Rule for consideration of ballots 
                        associated with each voting machine.--For 
                        purposes of clause (i), only the paper ballots 
                        deemed compromised, if any, shall be considered 
                        in the calculation of whether or not the result 
                        of the election could be changed due to the 
                        compromised paper ballots.''.
    (b) Conforming Amendment Clarifying Applicability of Alternative 
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 
21081(a)(4)) is amended by inserting ``(including the paper ballots 
required to be used under paragraph (2))'' after ``voting system''.
    (c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52 
U.S.C. 21081(a)(1)) is amended--
            (1) in subparagraph (A)(i), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (2) in subparagraph (A)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (3) in subparagraph (A)(iii), by striking ``counted'' each 
        place it appears and inserting ``counted, in accordance with 
        paragraphs (2) and (3)''; and
            (4) in subparagraph (B)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)''.

SEC. 103. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) In General.--Section 301(a)(3)(B) of the Help America Vote Act 
of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:
                    ``(B)(i) ensure that individuals with disabilities 
                and others are given an equivalent opportunity to vote, 
                including with privacy and independence, in a manner 
                that produces a voter-verified paper ballot as for 
                other voters;
                    ``(ii) satisfy the requirement of subparagraph (A) 
                through the use of at least one voting system equipped 
                for individuals with disabilities, including nonvisual 
                and enhanced visual accessibility for the blind and 
                visually impaired, and nonmanual and enhanced manual 
                accessibility for the mobility and dexterity impaired, 
                at each polling place; and
                    ``(iii) meet the requirements of subparagraph (A) 
                and paragraph (2)(A) by using a system that--
                            ``(I) allows the voter to privately and 
                        independently verify the permanent paper ballot 
                        through the presentation, in accessible form, 
                        of the printed or marked vote selections from 
                        the same printed or marked information that 
                        would be used for any vote counting or 
                        auditing; and
                            ``(II) allows the voter to privately and 
                        independently verify and cast the permanent 
                        paper ballot without requiring the voter to 
                        manually handle the paper ballot; and''.
    (b) Specific Requirement of Study, Testing, and Development of 
Accessible Paper Ballot Verification Mechanisms.--
            (1) Study and reporting.--Subtitle C of title II of such 
        Act (52 U.S.C. 21081 et seq.) is amended--
                    (A) by redesignating section 247 as section 248; 
                and
                    (B) by inserting after section 246 the following 
                new section:

``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT VERIFICATION 
              MECHANISMS.

    ``(a) Study and Report.--The Director of the National Science 
Foundation shall make grants to not fewer than three eligible entities 
to study, test, and develop accessible paper ballot voting, 
verification, and casting mechanisms and devices and best practices to 
enhance the accessibility of paper ballot voting and verification 
mechanisms for individuals with disabilities, for voters whose primary 
language is not English, and for voters with difficulties in literacy, 
including best practices for the mechanisms themselves and the 
processes through which the mechanisms are used.
    ``(b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Director (at such time and in such form 
as the Director may require) an application containing--
            ``(1) certifications that the entity shall specifically 
        investigate enhanced methods or devices, including non-
        electronic devices, that will assist such individuals and 
        voters in marking voter-verified paper ballots and presenting 
        or transmitting the information printed or marked on such 
        ballots back to such individuals and voters, and casting such 
        ballots;
            ``(2) a certification that the entity shall complete the 
        activities carried out with the grant not later than December 
        31, 2020; and
            ``(3) such other information and certifications as the 
        Director may require.
    ``(c) Availability of Technology.--Any technology developed with 
the grants made under this section shall be treated as non-proprietary 
and shall be made available to the public, including to manufacturers 
of voting systems.
    ``(d) Coordination With Grants for Technology Improvements.--The 
Director shall carry out this section so that the activities carried 
out with the grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out by the 
Commission under section 271, to the extent that the Director and 
Commission determine necessary to provide for the advancement of 
accessible voting technology.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $5,000,000, to remain 
available until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the item relating to section 
                247 as relating to section 248; and
                    (B) by inserting after the item relating to section 
                246 the following new item:

``Sec. 247. Study and report on accessible paper ballot verification 
                            mechanisms.''.
    (c) Clarification of Accessibility Standards Under Voluntary Voting 
System Guidance.--In adopting any voluntary guidance under subtitle B 
of title III of the Help America Vote Act with respect to the 
accessibility of the paper ballot verification requirements for 
individuals with disabilities, the Election Assistance Commission shall 
include and apply the same accessibility standards applicable under the 
voluntary guidance adopted for accessible voting systems under such 
subtitle.
    (d) Permitting Use of Funds for Protection and Advocacy Systems to 
Support Actions to Enforce Election-Related Disability Access.--Section 
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is 
amended by striking ``; except that'' and all that follows and 
inserting a period.

SEC. 104. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)) is amended by adding at the end the following new paragraph:
            ``(7) Durability and readability requirements for 
        ballots.--
                    ``(A) Durability requirements for paper ballots.--
                            ``(i) In general.--All voter-verified paper 
                        ballots required to be used under this Act 
                        shall be marked or printed on durable paper.
                            ``(ii) Definition.--For purposes of this 
                        Act, paper is `durable' if it is capable of 
                        withstanding multiple counts and recounts by 
                        hand without compromising the fundamental 
                        integrity of the ballots, and capable of 
                        retaining the information marked or printed on 
                        them for the full duration of a retention and 
                        preservation period of 22 months.
                    ``(B) Readability requirements for paper ballots 
                marked by ballot marking device.--All voter-verified 
                paper ballots completed by the voter through the use of 
                a ballot marking device shall be clearly readable by 
                the voter without assistance (other than eyeglasses or 
                other personal vision enhancing devices) and by an 
                optical character recognition device or other device 
                equipped for individuals with disabilities.''.

SEC. 105. PAPER BALLOT PRINTING REQUIREMENTS.

    (a) Requiring Paper Ballots To Be Printed on Recycled Paper 
Manufactured in United States.--Section 301(a) of the Help America Vote 
Act of 2002 (52 U.S.C. 21081(a)), as amended by section 104, is amended 
by adding at the end the following new paragraph:
            ``(8) Printing requirements for ballots.--All paper ballots 
        used in an election for Federal office shall be printed in the 
        United States on recycled paper manufactured in the United 
        States.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring on or after January 1, 2021.

SEC. 106. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.

    (a) Study.--The Election Assistance Commission shall conduct a 
study of the best ways to design ballots used in elections for public 
office, including paper ballots and electronic or digital ballots, to 
minimize confusion and user errors.
    (b) Report.--Not later than January 1, 2020, the Election 
Assistance Commission shall submit to Congress a report on the study 
conducted under subsection (a).

SEC. 107. EFFECTIVE DATE FOR NEW REQUIREMENTS.

    Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(d)) is amended to read as follows:
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2006.
            ``(2) Special rule for certain requirements.--
                    ``(A) In general.--Except as provided in section 
                105(b) of the Securing America's Federal Elections Act 
                and subparagraphs (B) and (C), the requirements of this 
                section which are first imposed on a State and 
                jurisdiction pursuant to the amendments made by the 
                Voter Confidence and Increased Accessibility Act of 
                2019 shall apply with respect to voting systems used 
                for any election for Federal office held in 2020 or any 
                succeeding year.
                    ``(B) Delay for jurisdictions using certain paper 
                record printers or certain systems using or producing 
                voter-verified paper records in 2018.--
                            ``(i) Delay.--In the case of a jurisdiction 
                        described in clause (ii), subparagraph (A) 
                        shall apply to a voting system in the 
                        jurisdiction as if the reference in such 
                        subparagraph to `2020' were a reference to 
                        `2022', but only with respect to the following 
                        requirements of this section:
                                    ``(I) Paragraph (2)(A)(i)(I) of 
                                subsection (a) (relating to the use of 
                                voter-verified paper ballots).
                                    ``(II) Paragraphs (3)(B)(iii)(I) 
                                and (II) of subsection (a) (relating to 
                                access to verification from and casting 
                                of the durable paper ballot).
                                    ``(III) Paragraph (7) of subsection 
                                (a) (relating to durability and 
                                readability requirements for ballots).
                            ``(ii) Jurisdictions described.--A 
                        jurisdiction described in this clause is a 
                        jurisdiction--
                                    ``(I) which used voter-verified 
                                paper record printers attached to 
                                direct recording electronic voting 
                                machines, or which used other voting 
                                systems that used or produced paper 
                                records of the vote verifiable by 
                                voters but that are not in compliance 
                                with paragraphs (2)(A)(i)(I), 
                                (3)(B)(iii)(I) and (II), and (7) of 
                                subsection (a) (as amended or added by 
                                the Voter Confidence and Increased 
                                Accessibility Act of 2019), for the 
                                administration of the regularly 
                                scheduled general election for Federal 
                                office held in November 2018; and
                                    ``(II) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before 2022.
                            ``(iii) Mandatory availability of paper 
                        ballots at polling places using grandfathered 
                        printers and systems.--
                                    ``(I) Requiring ballots to be 
                                offered and provided.--The appropriate 
                                election official at each polling place 
                                that uses a printer or system described 
                                in clause (ii)(I) for the 
                                administration of elections for Federal 
                                office shall offer each individual who 
                                is eligible to cast a vote in the 
                                election at the polling place the 
                                opportunity to cast the vote using a 
                                blank pre-printed paper ballot which 
                                the individual may mark by hand and 
                                which is not produced by the direct 
                                recording electronic voting machine or 
                                other such system. The official shall 
                                provide the individual with the ballot 
                                and the supplies necessary to mark the 
                                ballot, and shall ensure (to the 
                                greatest extent practicable) that the 
                                waiting period for the individual to 
                                cast a vote is the lesser of 30 minutes 
                                or the average waiting period for an 
                                individual who does not agree to cast 
                                the vote using such a paper ballot 
                                under this clause.
                                    ``(II) Treatment of ballot.--Any 
                                paper ballot which is cast by an 
                                individual under this clause shall be 
                                counted and otherwise treated as a 
                                regular ballot for all purposes 
                                (including by incorporating it into the 
                                final unofficial vote count (as defined 
                                by the State) for the precinct) and not 
                                as a provisional ballot, unless the 
                                individual casting the ballot would 
                                have otherwise been required to cast a 
                                provisional ballot.
                                    ``(III) Posting of notice.--The 
                                appropriate election official shall 
                                ensure there is prominently displayed 
                                at each polling place a notice that 
                                describes the obligation of the 
                                official to offer individuals the 
                                opportunity to cast votes using a pre-
                                printed blank paper ballot.
                                    ``(IV) Training of election 
                                officials.--The chief State election 
                                official shall ensure that election 
                                officials at polling places in the 
                                State are aware of the requirements of 
                                this clause, including the requirement 
                                to display a notice under subclause 
                                (III), and are aware that it is a 
                                violation of the requirements of this 
                                title for an election official to fail 
                                to offer an individual the opportunity 
                                to cast a vote using a blank pre-
                                printed paper ballot.
                                    ``(V) Period of applicability.--The 
                                requirements of this clause apply only 
                                during the period in which the delay is 
                                in effect under clause (i).
                    ``(C) Special rule for jurisdictions using certain 
                nontabulating ballot marking devices.--In the case of a 
                jurisdiction which uses a nontabulating ballot marking 
                device which automatically deposits the ballot into a 
                privacy sleeve, subparagraph (A) shall apply to a 
                voting system in the jurisdiction as if the reference 
                in such subparagraph to `any election for Federal 
                office held in 2020 or any succeeding year' were a 
                reference to `elections for Federal office occurring 
                held in 2022 or each succeeding year', but only with 
                respect to paragraph (3)(B)(iii)(II) of subsection (a) 
                (relating to nonmanual casting of the durable paper 
                ballot).''.

                PART 2--GRANTS TO CARRY OUT IMPROVEMENTS

SEC. 111. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    (a) Availability of Grants.--Subtitle D of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding 
at the end the following new part:

 ``PART 7--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
          AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

``SEC. 297. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    ``(a) Availability and Use of Grant.--The Commission shall make a 
grant to each eligible State--
            ``(1) to replace a voting system--
                    ``(A) which does not meet the requirements which 
                are first imposed on the State pursuant to the 
                amendments made by the Voter Confidence and Increased 
                Accessibility Act of 2019 with a voting system which 
                does meet such requirements, for use in the regularly 
                scheduled general elections for Federal office held in 
                November 2020; or
                    ``(B) which does meet such requirements but which 
                is not in compliance with the most recent voluntary 
                voting system guidelines issued by the Commission prior 
                to the regularly scheduled general election for Federal 
                office held in November 2020 with another system which 
                does meet such requirements and is in compliance with 
                such guidelines;
            ``(2) to carry out voting system security improvements 
        described in section 297A with respect to the regularly 
        scheduled general elections for Federal office held in November 
        2020 and each succeeding election for Federal office; and
            ``(3) to implement and model best practices for ballot 
        design, ballot instructions, and the testing of ballots.
    ``(b) Amount of Grant.--The amount of a grant made to a State under 
this section shall be such amount as the Commission determines to be 
appropriate, except that such amount may not be less than the product 
of $1 and the average of the number of individuals who cast votes in 
any of the two most recent regularly scheduled general elections for 
Federal office held in the State.
    ``(c) Pro Rata Reductions.--If the amount of funds appropriated for 
grants under this part is insufficient to ensure that each State 
receives the amount of the grant calculated under subsection (b), the 
Commission shall make such pro rata reductions in such amounts as may 
be necessary to ensure that the entire amount appropriated under this 
part is distributed to the States.
    ``(d) Surplus Appropriations.--If the amount of funds appropriated 
for grants authorized under section 297D(a)(2) exceed the amount 
necessary to meet the requirements of subsection (b), the Commission 
shall consider the following in making a determination to award 
remaining funds to a State:
            ``(1) The record of the State in carrying out the following 
        with respect to the administration of elections for Federal 
        office:
                    ``(A) Providing voting machines that are less than 
                10 years old.
                    ``(B) Implementing strong chain of custody 
                procedures for the physical security of voting 
                equipment and paper records at all stages of the 
                process.
                    ``(C) Conducting pre-election testing on every 
                voting machine and ensuring that paper ballots are 
                available wherever electronic machines are used.
                    ``(D) Maintaining offline backups of voter 
                registration lists.
                    ``(E) Providing a secure voter registration 
                database that logs requests submitted to the database.
                    ``(F) Publishing and enforcing a policy detailing 
                use limitations and security safeguards to protect the 
                personal information of voters in the voter 
                registration process.
                    ``(G) Providing secure processes and procedures for 
                reporting vote tallies.
                    ``(H) Providing a secure platform for disseminating 
                vote totals.
            ``(2) Evidence of established conditions of innovation and 
        reform in providing voting system security and the proposed 
        plan of the State for implementing additional conditions.
            ``(3) Evidence of collaboration between relevant 
        stakeholders, including local election officials, in developing 
        the grant implementation plan described in section 297B.
            ``(4) The plan of the State to conduct a rigorous 
        evaluation of the effectiveness of the activities carried out 
        with the grant.
    ``(e) Ability of Replacement Systems To Administer Ranked Choice 
Elections.--To the greatest extent practicable, an eligible State which 
receives a grant to replace a voting system under this section shall 
ensure that the replacement system is capable of administering a system 
of ranked choice voting under which each voter shall rank the 
candidates for the office in the order of the voter's preference.

``SEC. 297A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.

    ``(a) Permitted Uses.--A voting system security improvement 
described in this section is any of the following:
            ``(1) The acquisition of goods and services from qualified 
        election infrastructure vendors by purchase, lease, or such 
        other arrangements as may be appropriate.
            ``(2) Cyber and risk mitigation training.
            ``(3) A security risk and vulnerability assessment of the 
        State's election infrastructure which is carried out by a 
        provider of cybersecurity services under a contract entered 
        into between the chief State election official and the 
        provider.
            ``(4) The maintenance of election infrastructure, including 
        addressing risks and vulnerabilities which are identified under 
        either of the security risk and vulnerability assessments 
        described in paragraph (3), except that none of the funds 
        provided under this part may be used to renovate or replace a 
        building or facility which is used primarily for purposes other 
        than the administration of elections for public office.
            ``(5) Providing increased technical support for any 
        information technology infrastructure that the chief State 
        election official deems to be part of the State's election 
        infrastructure or designates as critical to the operation of 
        the State's election infrastructure.
            ``(6) Enhancing the cybersecurity and operations of the 
        information technology infrastructure described in paragraph 
        (4).
            ``(7) Enhancing the cybersecurity of voter registration 
        systems.
    ``(b) Qualified Election Infrastructure Vendors Described.--
            ``(1) In general.--For purposes of this part, a `qualified 
        election infrastructure vendor' is any person who provides, 
        supports, or maintains, or who seeks to provide, support, or 
        maintain, election infrastructure on behalf of a State, unit of 
        local government, or election agency, who meets the criteria 
        described in paragraph (2).
            ``(2) Criteria.--The criteria described in this paragraph 
        are such criteria as the Chairman, in coordination with the 
        Secretary of Homeland Security, shall establish and publish, 
        and shall include each of the following requirements:
                    ``(A) The vendor must be owned and controlled by a 
                citizen or permanent resident of the United States.
                    ``(B) The vendor must disclose to the Chairman and 
                the Secretary, and to the chief State election official 
                of any State to which the vendor provides any goods and 
                services with funds provided under this part, of any 
                sourcing outside the United States for parts of the 
                election infrastructure.
                    ``(C) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with the cybersecurity best 
                practices issued by the Technical Guidelines 
                Development Committee.
                    ``(D) The vendor agrees to maintain its information 
                technology infrastructure in a manner that is 
                consistent with the cybersecurity best practices issued 
                by the Technical Guidelines Development Committee.
                    ``(E) The vendor agrees to meet the requirements of 
                paragraph (3) with respect to any known or suspected 
                cybersecurity incidents involving any of the goods and 
                services provided by the vendor pursuant to a grant 
                under this part.
                    ``(F) The vendor agrees to permit independent 
                security testing by the Commission (in accordance with 
                section 231(a)) and by the Secretary of the goods and 
                services provided by the vendor pursuant to a grant 
                under this part.
            ``(3) Cybersecurity incident reporting requirements.--
                    ``(A) In general.--A vendor meets the requirements 
                of this paragraph if, upon becoming aware of the 
                possibility that an election cybersecurity incident has 
                occurred involving any of the goods and services 
                provided by the vendor pursuant to a grant under this 
                part--
                            ``(i) the vendor promptly assesses whether 
                        or not such an incident occurred, and submits a 
                        notification meeting the requirements of 
                        subparagraph (B) to the Secretary and the 
                        Chairman of the assessment as soon as 
                        practicable (but in no case later than 3 days 
                        after the vendor first becomes aware of the 
                        possibility that the incident occurred);
                            ``(ii) if the incident involves goods or 
                        services provided to an election agency, the 
                        vendor submits a notification meeting the 
                        requirements of subparagraph (B) to the agency 
                        as soon as practicable (but in no case later 
                        than 3 days after the vendor first becomes 
                        aware of the possibility that the incident 
                        occurred), and cooperates with the agency in 
                        providing any other necessary notifications 
                        relating to the incident; and
                            ``(iii) the vendor provides all necessary 
                        updates to any notification submitted under 
                        clause (i) or clause (ii).
                    ``(B) Contents of notifications.--Each notification 
                submitted under clause (i) or clause (ii) of 
                subparagraph (A) shall contain the following 
                information with respect to any election cybersecurity 
                incident covered by the notification:
                            ``(i) The date, time, and time zone when 
                        the election cybersecurity incident began, if 
                        known.
                            ``(ii) The date, time, and time zone when 
                        the election cybersecurity incident was 
                        detected.
                            ``(iii) The date, time, and duration of the 
                        election cybersecurity incident.
                            ``(iv) The circumstances of the election 
                        cybersecurity incident, including the specific 
                        election infrastructure systems believed to 
                        have been accessed and information acquired, if 
                        any.
                            ``(v) Any planned and implemented technical 
                        measures to respond to and recover from the 
                        incident.
                            ``(vi) In the case of any notification 
                        which is an update to a prior notification, any 
                        additional material information relating to the 
                        incident, including technical data, as it 
                        becomes available.

``SEC. 297B. ELIGIBILITY OF STATES.

    ``A State is eligible to receive a grant under this part if the 
State submits to the Commission, at such time and in such form as the 
Commission may require, an application containing--
            ``(1) a description of how the State will use the grant to 
        carry out the activities authorized under this part;
            ``(2) a certification and assurance that, not later than 5 
        years after receiving the grant, the State will carry out 
        voting system security improvements, as described in section 
        297A; and
            ``(3) such other information and assurances as the 
        Commission may require.

``SEC. 297C. REPORTS TO CONGRESS.

    ``Not later than 90 days after the end of each fiscal year, the 
Commission shall submit a report to the appropriate congressional 
committees, including the Committees on Homeland Security, House 
Administration, and the Judiciary of the House of Representatives and 
the Committees on Homeland Security and Governmental Affairs, the 
Judiciary, and Rules and Administration of the Senate, on the 
activities carried out with the funds provided under this part.

``SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated for 
grants under this part--
            ``(1) $600,000,000 for fiscal year 2019; and
            ``(2) $175,000,000 for each of the fiscal years 2020, 2022, 
        2024, and 2026.
    ``(b) Continuing Availability of Amounts.--Any amounts appropriated 
pursuant to the authorization of this section shall remain available 
until expended.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to subtitle D of 
title II the following:

 ``Part 7--Grants for Obtaining Compliant Paper Ballot Voting Systems 
          and Carrying Out Voting System Security Improvements

``Sec. 297. Grants for obtaining compliant paper ballot voting systems 
                            and carrying out voting system security 
                            improvements.
``Sec. 297A. Voting system security improvements described.
``Sec. 297B. Eligibility of States.
``Sec. 297C. Reports to Congress.
``Sec. 297D. Authorization of appropriations.''.

SEC. 112. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE OF 
              REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION 
              REQUIREMENTS UNDER HELP AMERICA VOTE ACT OF 2002.

    (a) Duties of Election Assistance Commission.--Section 202 of the 
Help America Vote Act of 2002 (52 U.S.C. 20922) is amended in the 
matter preceding paragraph (1) by striking ``by'' and inserting ``and 
the security of election infrastructure by''.
    (b) Membership of Secretary of Homeland Security on Board of 
Advisors of Election Assistance Commission.--Section 214(a) of such Act 
(52 U.S.C. 20944(a)) is amended--
            (1) by striking ``37 members'' and inserting ``38 
        members''; and
            (2) by adding at the end the following new paragraph:
            ``(17) The Secretary of Homeland Security or the 
        Secretary's designee.''.
    (c) Representative of Department of Homeland Security on Technical 
Guidelines Development Committee.--Section 221(c)(1) of such Act (52 
U.S.C. 20961(c)(1)) is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) A representative of the Department of 
                Homeland Security.''.
    (d) Goals of Periodic Studies of Election Administration Issues; 
Consultation With Secretary of Homeland Security.--Section 241(a) of 
such Act (52 U.S.C. 20981(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``the Commission shall'' and inserting ``the Commission, in 
        consultation with the Secretary of Homeland Security (as 
        appropriate), shall'';
            (2) by striking ``and'' at the end of paragraph (3);
            (3) by redesignating paragraph (4) as paragraph (5); and
            (4) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) will be secure against attempts to undermine the 
        integrity of election systems by cyber or other means; and''.
    (e) Requirements Payments.--
            (1) Use of payments for voting system security 
        improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b)) 
        is amended by adding at the end the following new paragraph:
            ``(4) Permitting use of payments for voting system security 
        improvements.--A State may use a requirements payment to carry 
        out any of the following activities:
                    ``(A) Cyber and risk mitigation training.
                    ``(B) Providing increased technical support for any 
                information technology infrastructure that the chief 
                State election official deems to be part of the State's 
                election infrastructure or designates as critical to 
                the operation of the State's election infrastructure.
                    ``(C) Enhancing the cybersecurity and operations of 
                the information technology infrastructure described in 
                subparagraph (B).
                    ``(D) Enhancing the security of voter registration 
                databases.''.
            (2) Incorporation of election infrastructure protection in 
        state plans for use of payments.--Section 254(a)(1) of such Act 
        (52 U.S.C. 21004(a)(1)) is amended by striking the period at 
        the end and inserting ``, including the protection of election 
        infrastructure.''.
            (3) Composition of committee responsible for developing 
        state plan for use of payments.--Section 255 of such Act (52 
        U.S.C. 21005) is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) Geographic Representation.--The members of the committee 
shall be a representative group of individuals from the State's 
counties, cities, towns, and Indian tribes, and shall represent the 
needs of rural as well as urban areas of the State, as the case may 
be.''.
    (f) Ensuring Protection of Computerized Statewide Voter 
Registration List.--Section 303(a)(3) of such Act (52 U.S.C. 
21083(a)(3)) is amended by striking the period at the end and inserting 
``, as well as other measures to prevent and deter cybersecurity 
incidents, as identified by the Commission, the Secretary of Homeland 
Security, and the Technical Guidelines Development Committee.''.

SEC. 113. INCORPORATION OF DEFINITIONS.

    (a) In General.--Section 901 of the Help America Vote Act of 2002 
(52 U.S.C. 21141) is amended to read as follows:

``SEC. 901. DEFINITIONS.

    ``In this Act, the following definitions apply:
            ``(1) The term `cybersecurity incident' has the meaning 
        given the term `incident' in section 227 of the Homeland 
        Security Act of 2002 (6 U.S.C. 659).
            ``(2) The term `election agency' means any component of a 
        State, or any component of a unit of local government in a 
        State, which is responsible for the administration of elections 
        for Federal office in the State.
            ``(3) The term `election infrastructure' means storage 
        facilities, polling places, and centralized vote tabulation 
        locations used to support the administration of elections for 
        public office, as well as related information and 
        communications technology (including the technology used by or 
        on behalf of election officials to produce and distribute voter 
        guides to elections), including voter registration databases, 
        voting machines, electronic mail and other communications 
        systems (including electronic mail and other systems of vendors 
        who have entered into contracts with election agencies to 
        support the administration of elections, manage the election 
        process, and report and display election results), and other 
        systems used to manage the election process and to report and 
        display election results on behalf of an election agency.
            ``(4) The term `State' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by amending the item relating to section 901 to read as 
follows:

``Sec. 901. Definitions.''.

                    Subtitle B--Risk-Limiting Audits

SEC. 121. RISK-LIMITING AUDITS.

    (a) In General.-- Title III of the Help America Vote Act of 2002 
(52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the 
following new section:

``SEC. 303A. RISK-LIMITING AUDITS.

    ``(a) Definitions.--In this section:
            ``(1) Risk-limiting audit.--The term `risk-limiting audit' 
        means, with respect to any election contest, a post-election 
        process that--
                    ``(A) has a probability of at least 95 percent of 
                correcting the reported outcome if the reported outcome 
                is not the correct outcome;
                    ``(B) will not change the outcome if the reported 
                outcome is the correct outcome; and
                    ``(C) involves a manual adjudication of voter 
                intent from some or all of the ballots validly cast in 
                the election contest.
            ``(2) Reported outcome; correct outcome; outcome.--
                    ``(A) Reported outcome.--The term `reported 
                outcome' means the outcome of an election contest which 
                is determined according to the canvass and which will 
                become the official, certified outcome unless it is 
                revised by an audit, recount, or other legal process.
                    ``(B) Correct outcome.--The term `correct outcome' 
                means the outcome that would be determined by a manual 
                adjudication of voter intent for all votes validly cast 
                in the election contest.
                    ``(C) Outcome.--The term `outcome' means the winner 
                or set of winners of an election contest.
            ``(3) Manual adjudication of voter intent.--The term 
        `manual adjudication of voter intent' means direct inspection 
        and determination by humans, without assistance from electronic 
        or mechanical tabulation devices, of the ballot choices marked 
        by voters on each voter-verified paper record.
            ``(4) Ballot manifest.--The term `ballot manifest' means a 
        record maintained by each jurisdiction that--
                    ``(A) is created without reliance on any part of 
                the voting system used to tabulate votes;
                    ``(B) functions as a sampling frame for conducting 
                a risk-limiting audit; and
                    ``(C) accounts for all ballots validly cast 
                regardless of how they were tabulated and includes a 
                precise description of the manner in which the ballots 
                are physically stored, including the total number of 
                physical groups of ballots, the numbering system for 
                each group, a unique label for each group, and the 
                number of ballots in each such group.
    ``(b) Requirements.--
            ``(1) In general.--
                    ``(A) Audits.--
                            ``(i) In general.--Each State and 
                        jurisdiction shall administer risk-limiting 
                        audits of the results of all election contests 
                        for Federal office held in the State in 
                        accordance with the requirements of paragraph 
                        (2).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to any election contest for which the 
                        State or jurisdiction conducts a full recount 
                        through a manual adjudication of voter intent.
                    ``(B) Full manual tabulation.--If a risk-limiting 
                audit conducted under subparagraph (A) corrects the 
                reported outcome of an election contest, the State or 
                jurisdiction shall use the results of the manual 
                adjudication of voter intent conducted as part of the 
                risk-limiting audit as the official results of the 
                election contest.
            ``(2) Audit requirements.--
                    ``(A) Rules and procedures.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of the enactment of this 
                        section, the chief State election official of 
                        the State shall establish rules and procedures 
                        for conducting risk-limiting audits.
                            ``(ii) Matters included.--The rules and 
                        procedures established under clause (i) shall 
                        include the following:
                                    ``(I) Rules and procedures for 
                                ensuring the security of ballots and 
                                documenting that prescribed procedures 
                                were followed.
                                    ``(II) Rules and procedures for 
                                ensuring the accuracy of ballot 
                                manifests produced by jurisdictions.
                                    ``(III) Rules and procedures for 
                                governing the format of ballot 
                                manifests and other data involved in 
                                risk-limiting audits.
                                    ``(IV) Methods to ensure that any 
                                cast vote records used in a risk-
                                limiting audit are those used by the 
                                voting system to tally the results of 
                                the election contest sent to the chief 
                                State election official of the State 
                                and made public.
                                    ``(V) Rules and procedures for the 
                                random selection of ballots to be 
                                inspected manually during each audit.
                                    ``(VI) Rules and procedures for the 
                                calculations and other methods to be 
                                used in the audit and to determine 
                                whether and when the audit of each 
                                election contest is complete.
                                    ``(VII) Rules and procedures for 
                                testing any software used to conduct 
                                risk-limiting audits.
                    ``(B) Public report.--
                            ``(i) In general.--After the completion of 
                        the risk-limiting audit and at least 5 days 
                        before the election contest is certified, the 
                        State shall publish a report on the results of 
                        the audit, together with such information as 
                        necessary to confirm that the audit was 
                        conducted properly.
                            ``(ii) Format of data.--All data published 
                        with the report under clause (i) shall be 
                        published in machine-readable, open data 
                        formats.
                            ``(iii) Protection of anonymity of votes.--
                        Information and data published by the State 
                        under this subparagraph shall not compromise 
                        the anonymity of votes.
    ``(c) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section for the first 
regularly scheduled election for Federal office held more than 1 year 
after the date of the enactment of the Securing America's Federal 
Elections Act and for each subsequent election for Federal office.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, 
and 303'' and inserting ``subtitle A of title III''.
    (c) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 303 the 
following new item:

``Sec. 303A. Risk-limiting audits.''.

SEC. 122. FUNDING FOR CONDUCTING POST-ELECTION RISK-LIMITING AUDITS.

    (a) Payments to States.-- Subtitle D of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by 
section 111(a), is amended by adding at the end the following new part:

        ``PART 8--FUNDING FOR POST-ELECTION RISK-LIMITING AUDITS

``SEC. 298. PAYMENTS FOR POST-ELECTION RISK-LIMITING AUDITS.

    ``(a) In General.--The Commission shall pay to States the amount of 
eligible post-election audit costs.
    ``(b) Eligible Post-Election Audit Costs.--For purposes of this 
section, the term `eligible post-election audit costs' means, with 
respect to any State, costs paid or incurred by the State or local 
government within the State for--
            ``(1) the conduct of any risk-limiting audit (as defined in 
        section 303A) with respect to an election for Federal office 
        occurring after the date of the enactment of this part; and
            ``(2) any equipment, software, or services necessary for 
        the conduct of any such risk-limiting audit.
    ``(c) Special Rules.--
            ``(1) Rules and procedures.--The Commission shall establish 
        rules and procedures for submission of eligible post-election 
        audit costs for payments under this section.
            ``(2) Insufficient funds.--In any case in which the amounts 
        appropriated under subsection (d) are insufficient to pay all 
        eligible post-election audit costs submitted by States with 
        respect to any Federal election, the amount of such costs paid 
        under subsection (a) to any State shall be equal to the amount 
        that bears the same ratio to the amount which would be paid to 
        such State (determined without regard to this paragraph) as--
                    ``(A) the number of individuals who voted in such 
                Federal election in such State; bears to
                    ``(B) the total number of individuals who voted in 
                such Federal election in all States submitting a claim 
                for eligible post-election audit costs.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is hereby authorized to be 
        appropriated to the Commission such sums as are necessary to 
        carry out this part.
            ``(2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available without fiscal year 
        limitation until expended.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 111(b), is further amended by adding at the end of 
the items relating to subtitle D of title II the following:

        ``Part 8--Funding for Post-Election Risk-Limiting Audits

``Sec. 298. Payments for post-election risk-limiting audits.''.

SEC. 123. GAO ANALYSIS OF EFFECTS OF AUDITS.

    (a) Analysis.--Not later than 6 months after the first elections 
for Federal office is held for which States must conduct risk-limiting 
audits under section 303A of the Help America Vote Act of 2002 (as 
added by section 121), the Comptroller General of the United States 
shall conduct an analysis of the extent to which such audits have 
improved the administration of such elections and the security of 
election infrastructure in the States receiving such grants.
    (b) Report.--The Comptroller General of the United States shall 
submit a report on the analysis conducted under subsection (a) to the 
Committee on House Administration of the House of Representatives and 
the Committee on Rules and Administration of the Senate.

  TITLE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION 
                             ADMINISTRATION

SEC. 201. VOTING SYSTEM CYBERSECURITY REQUIREMENTS.

    (a) Ballot Tabulating Devices.-- Section 301(a) of the Help America 
Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 104 and 
section 105, is further amended by adding at the end the following new 
paragraph:
            ``(9) Ballot tabulating methods.--
                    ``(A) In general.--The voting system tabulates 
                ballots by hand or through the use of an optical 
                scanning device that meets the requirements of 
                subparagraph (B).
                    ``(B) Requirements for optical scanning devices.--
                Except as provided in subparagraph (C), the 
                requirements of this subparagraph are as follows:
                            ``(i) The device is designed and built in a 
                        manner in which it is mechanically impossible 
                        for the device to add or change the vote 
                        selections on a printed or marked ballot.
                            ``(ii) The device is capable of exporting 
                        its data (including vote tally data sets and 
                        cast vote records) in a machine-readable, open 
                        data standard format required by the 
                        Commission, in consultation with the Director 
                        of the National Institute of Standards and 
                        Technology.
                            ``(iii) The device consists of hardware 
                        that demonstrably conforms to a hardware 
                        component manifest describing point-of-origin 
                        information (including upstream hardware supply 
                        chain information for each component) that--
                                    ``(I) has been provided to the 
                                Commission, the Director of 
                                Cybersecurity and Infrastructure 
                                Security, and the chief State election 
                                official for each State in which the 
                                device is used; and
                                    ``(II) may be shared by any entity 
                                to whom it has been provided under 
                                subclause (I) with independent experts 
                                for cybersecurity analysis.
                            ``(iv) The device utilizes technology that 
                        prevents the operation of the device if any 
                        hardware components do not meet the 
                        requirements of clause (iii).
                            ``(v) The device operates using software 
                        for which the source code, system build tools, 
                        and compilation parameters--
                                    ``(I) have been provided to the 
                                Commission, the Director of 
                                Cybersecurity and Infrastructure 
                                Security, and the chief State election 
                                official for each State in which the 
                                device is used; and
                                    ``(II) may be shared by any entity 
                                to whom it has been provided under 
                                subclause (I) with independent experts 
                                for cybersecurity analysis.
                            ``(vi) The device utilizes technology that 
                        prevents the running of software on the device 
                        that does not meet the requirements of clause 
                        (v).
                            ``(vii) The device utilizes technology that 
                        enables election officials, cybersecurity 
                        researchers, and voters to verify that the 
                        software running on the device--
                                    ``(I) was built from a specific, 
                                untampered version of the code that is 
                                described in clause (v); and
                                    ``(II) uses the system build tools 
                                and compilation parameters that are 
                                described in clause (v).
                            ``(viii) The device contains such other 
                        security requirements as the Director of 
                        Cybersecurity and Infrastructure Security 
                        requires.
                    ``(C) Waiver.--
                            ``(i) In general.--The Director of 
                        Cybersecurity and Infrastructure Security, in 
                        consultation with the Director of the National 
                        Institute of Standards and Technology, may 
                        waive one or more of the requirements of 
                        subparagraph (B) (other than the requirement of 
                        clause (i) thereof) with respect to any device 
                        for a period of not to exceed 2 years.
                            ``(ii) Publication.--Information relating 
                        to any waiver granted under clause (i) shall be 
                        made publicly available on the Internet.
                    ``(D) Effective date.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                this paragraph for the regularly scheduled election for 
                Federal office in November 2024, and for each 
                subsequent election for Federal office.''.
    (b) Other Cybersecurity Requirements.-- Section 301(a) of such Act 
(52 U.S.C. 21081(a)), as amended by section 104, section 105, and 
subsection (a), is further amended by adding at the end the following 
new paragraphs:
            ``(10) Prohibition of use of wireless communications 
        devices in systems or devices.--
                    ``(A) In general.--No system or device upon which 
                ballot marking devices or optical scanners are 
                configured, upon which ballots are marked by voters 
                (except as necessary for individuals with disabilities 
                to use ballot marking devices that meet the 
                accessibility requirements of paragraph (3)), or upon 
                which votes are cast, tabulated, or aggregated shall 
                contain, use, or be accessible by any wireless, power-
                line, or concealed communication device.
                    ``(B) Effective date.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                this paragraph for the regularly scheduled election for 
                Federal office in November 2020, and for each 
                subsequent election for Federal office.
            ``(11) Prohibiting connection of system to the internet.--
                    ``(A) In general.--No system or device upon which 
                ballot marking devices or optical scanners are 
                configured, upon which ballots are marked by voters, or 
                upon which votes are cast, tabulated, or aggregated 
                shall be connected to the Internet or any non-local 
                computer system via telephone or other communication 
                network at any time.
                    ``(B) Effective date.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                this paragraph for the regularly scheduled election for 
                Federal office in November 2020, and for each 
                subsequent election for Federal office.''.
    (c) Special Cybersecurity Rules for Certain Ballot Marking 
Devices.--
            (1) In general.--Section 301(a) of such Act (52 U.S.C. 
        21081(a)), as amended by section 104, section 105, and 
        subsections (a) and (b), is further amended by adding at the 
        end the following new paragraph:
            ``(12) Ballot marking devices.--
                    ``(A) In general.--In the case of a voting system 
                that uses a ballot marking device, the ballot marking 
                device shall be a device that--
                            ``(i) is not capable of tabulating votes;
                            ``(ii) except in the case of a ballot 
                        marking device used exclusively to comply with 
                        the requirements of paragraph (3), is certified 
                        in accordance with section 232 as meeting the 
                        requirements of subparagraph (B); and
                            ``(iii) meets the requirements of clauses 
                        (iii) through (viii) of section 301(a)(9)(B).
                    ``(B) Requirements.--
                            ``(i) In general.--A ballot marking device 
                        meets the requirements of this subparagraph if, 
                        during a double-masked test conducted by a 
                        qualified independent user experience research 
                        laboratory (as defined in section 232(b)(4)) of 
                        a simulated election scenario which meets the 
                        requirements of clause (ii), there is less than 
                        a 5 percent chance that an ordinary voter using 
                        the device would not detect and report any 
                        difference between the vote selection printed 
                        on the ballot by the ballot marking device and 
                        the vote selection indicated by the voter.
                            ``(ii) Simulated election scenario.--A 
                        simulated election scenario meets the 
                        requirements of this clause if it is conducted 
                        with--
                                    ``(I) a pool of subjects that are--
                                            ``(aa) diverse in age, 
                                        gender, education, and physical 
                                        limitations; and
                                            ``(bb) representative of 
                                        the communities in which the 
                                        voting system will be used; and
                                    ``(II) ballots that are 
                                representative of ballots ordinarily 
                                used in the communities in which the 
                                voting system will be used.
                    ``(C) Effective date.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                this paragraph for the regularly scheduled election for 
                Federal office in November 2022, and for each 
                subsequent election for Federal office.''.
            (2) Procedure for testing.--
                    (A) In general.--Subtitle B of title II of the Help 
                America Vote Act of 2002 (52 U.S.C. 20971 et seq.) is 
                amended by adding at the end the following new section:

``SEC. 232. TESTING AND CERTIFICATION OF BALLOT MARKING DEVICES.

    ``(a) In General.--Any State or jurisdiction which intends to use a 
ballot marking device (other than a ballot marking device used 
exclusively to comply with the requirements of section 301(a)(3)) in an 
election for Federal office may submit an application to the Commission 
for testing and certification under this section.
    ``(b) Application, Assignment, and Testing.--
            ``(1) In general.--An application under subsection (a) 
        shall be submitted not later than 18 months before the date of 
        the election for Federal office in which the ballot marking 
        device is intended to be used and shall contain such 
        information as the Commission requires.
            ``(2) Assignment.--Upon receipt of an application for 
        testing under this section, the Commission shall contract with 
        a qualified independent user experience research laboratory for 
        the testing of whether the ballot marking device intended to be 
        used by the State or jurisdiction meets the requirements of 
        section 301(a)(12)(B).
            ``(3) Requirements for testing.--Any contract described in 
        paragraph (2) shall require the qualified independent user 
        experience research laboratory to--
                    ``(A) not later than 30 days before testing begins, 
                submit to the Commission for approval the protocol for 
                the simulated election scenario used for testing the 
                ballot marking device;
                    ``(B) use only protocols approved by the Commission 
                in conducting such testing; and
                    ``(C) submit to the Commission a report on the 
                results of the testing.
            ``(4) Qualified independent user experience research 
        laboratory.--For purposes of this section:
                    ``(A) In general.--The term `qualified independent 
                user experience research laboratory' means a laboratory 
                accredited under this subsection by the Election 
                Assistance Commission in accordance with standards 
                determined by the Commission, in consultation with the 
                Director of the National Institute of Standards and 
                Technology and the Secretary of Homeland Security.
                    ``(B) Criteria.--A laboratory shall not be 
                accredited under this subsection unless such laboratory 
                demonstrates that--
                            ``(i) no employee of, or individual with an 
                        ownership in, such laboratory has, or has had 
                        during the 5 preceding years, any financial 
                        relationship with a manufacturer of voting 
                        systems; and
                            ``(ii) any group of individuals conducting 
                        tests under this section collectively meet the 
                        following qualifications:
                                    ``(I) Experience designing and 
                                running user research studies and 
                                experiments using both qualitative and 
                                quantitative methodologies.
                                    ``(II) Experience with voting 
                                systems.
    ``(c) Review by Independent Board.--
            ``(1) In general.--The Commission shall submit for approval 
        to an independent review board established under paragraph (3) 
        the following:
                    ``(A) Any protocol submitted to the Commission 
                under subsection (b)(3)(A).
                    ``(B) Any report submitted to the Commission under 
                subsection (b)(3)(C).
            ``(2) Final approval.--Not later than the date that is 12 
        months before the date of the election for Federal office in 
        which a State or jurisdiction intends to use the ballot marking 
        device, the independent review board shall report to the 
        Commission on whether it has approved a report submitted under 
        paragraph (1)(B).
            ``(3) Independent review board.--
                    ``(A) In general.--An independent review board 
                established under this paragraph shall be composed of 
                five independent scientists appointed by the 
                Commission, in consultation with the Director of the 
                National Institute of Standards and Technology.
                    ``(B) Qualifications.--The members of the 
                independent review board--
                            ``(i) shall have expertise and relevant 
                        peer-reviewed publications in the following 
                        fields: cognitive psychology, experimental 
                        design, statistics, and user experience 
                        research and testing; and
                            ``(ii) may not have, or have had during the 
                        5 preceding years, any financial relationship 
                        with a manufacturer of voting systems.
            ``(4) Publication.--The Commission shall make public--
                    ``(A) any protocol approved under this subsection;
                    ``(B) any report submitted under subsection 
                (b)(3)(C); and
                    ``(C) any determination made by an independent 
                review board under paragraph (2).
    ``(d) Certification.--If--
            ``(1) a ballot marking device is determined by the 
        qualified independent user experience research laboratory to 
        meet the requirements of section 301(a)(12); and
            ``(2) the report submitted under subsection (b)(3)(C) is 
        approved by a majority of the members of the independent review 
        board under subsection (d)(2),
then the Commission shall certify the ballot marking device.
    ``(e) Prohibition on Fees.--The Commission may not charge any fee 
to a State or jurisdiction, a developer or manufacturer of a ballot 
marking device, or any other person in connection with testing and 
certification under this section.''.
                    (B) Conforming amendments.--
                            (i) Section 202(2) of the Help America Vote 
                        Act of 2002 (52 U.S.C. 20922(2)) is amended by 
                        inserting ``and ballot marking devices'' after 
                        ``hardware and software'').
                            (ii) The heading for subtitle B of title II 
                        of such Act is amended by inserting at the end 
                        ``; Ballot Marking Devices''.
                            (iii) The table of contents of such Act is 
                        amended--
                                    (I) by inserting ``; Ballot Marking 
                                Devices'' at the end of the item 
                                relating to subtitle B of title II; and
                                    (II) by inserting after the item 
                                related to section 231 the following:

``Sec. 232. Testing and certification of ballot marking devices.''.

SEC. 202. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE COMPLIANCE WITH 
              ELECTION CYBERSECURITY GUIDELINES AND OTHER GUIDELINES.

    (a) Requiring Testing of Existing Voting Systems.--
            (1) In general.--Section 231(a) of the Help America Vote 
        Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the 
        end the following new paragraph:
            ``(3) Testing to ensure compliance with guidelines.--
                    ``(A) Testing.--Not later than 9 months before the 
                date of each regularly scheduled general election for 
                Federal office, the Commission shall provide for the 
                testing by accredited laboratories under this section 
                of the voting system hardware and software which was 
                certified for use in the most recent such election, on 
                the basis of the most recent voting system guidelines 
                applicable to such hardware or software (including 
                election cybersecurity guidelines) issued under this 
                Act.
                    ``(B) Decertification of hardware or software 
                failing to meet guidelines.--If, on the basis of the 
                testing described in subparagraph (A), the Commission 
                determines that any voting system hardware or software 
                does not meet the most recent guidelines applicable to 
                such hardware or software issued under this Act, the 
                Commission shall decertify such hardware or 
                software.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to the regularly scheduled general 
        election for Federal office held in November 2020 and each 
        succeeding regularly scheduled general election for Federal 
        office.
    (b) Issuance of Cybersecurity Guidelines by Technical Guidelines 
Development Committee.--Section 221(b) of the Help America Vote Act of 
2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following 
new paragraph:
            ``(3) Election cybersecurity guidelines.--Not later than 6 
        months after the date of the enactment of the Securing 
        America's Federal Elections Act, the Development Committee 
        shall issue election cybersecurity guidelines, including 
        standards and best practices for procuring, maintaining, 
        testing, operating, and updating election systems to prevent 
        and deter cybersecurity incidents.''.

SEC. 203. REQUIRING USE OF SOFTWARE AND HARDWARE FOR WHICH INFORMATION 
              IS DISCLOSED BY MANUFACTURER.

    (a) Requirement.--Section 301(a) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)), as amended by sections 104, 105, 201(a), 
201(b), and 201(c), is amended by adding at the end the following new 
paragraph:
            ``(13) Requiring use of software and hardware for which 
        information is disclosed by manufacturer.--
                    ``(A) Requiring use of software for which source 
                code is disclosed by manufacturer.--
                            ``(i) In general.--In the operation of 
                        voting systems in an election for Federal 
                        office, a State may only use software for which 
                        the manufacturer makes the source code (in the 
                        form in which will be used at the time of the 
                        election) publicly available online under a 
                        license that grants a worldwide, royalty-free, 
                        non-exclusive, perpetual, sub-licensable 
                        license to all intellectual property rights in 
                        such source code, except that the manufacturer 
                        may prohibit a person who obtains the software 
                        from using the software in a manner that is 
                        primarily intended for or directed toward 
                        commercial advantage or private monetary 
                        compensation that is unrelated to carrying out 
                        legitimate research or cybersecurity activity.
                            ``(ii) Exceptions.--Clause (i) does not 
                        apply with respect to--
                                    ``(I) widely-used operating system 
                                software which is not specific to 
                                voting systems and for which the source 
                                code or baseline functionality is not 
                                altered; or
                                    ``(II) widely-used cybersecurity 
                                software which is not specific to 
                                voting systems and for which the source 
                                code or baseline functionality is not 
                                altered.
                    ``(B) Requiring use of hardware for which 
                information is disclosed by manufacturer.--
                            ``(i) Requiring disclosure of hardware.--A 
                        State may not use a voting system in an 
                        election for Federal office unless the 
                        manufacturer of the system publicly discloses 
                        online the identification of the hardware used 
                        to operate the system.
                            ``(ii) Additional disclosure requirements 
                        for custom or altered hardware.--To the extent 
                        that the hardware used to operate a voting 
                        system or any component thereof is not widely-
                        used, or is widely-used but is altered, the 
                        State may not use the system in an election for 
                        Federal office unless--
                                    ``(I) the manufacturer of the 
                                system publicly discloses online the 
                                components of the hardware, the design 
                                of such components, and how such 
                                components are connected in the 
                                operation of the system; and
                                    ``(II) the manufacturer makes the 
                                design (in the form which will be used 
                                at the time of the election) publicly 
                                available online under a license that 
                                grants a worldwide, royalty-free, non-
                                exclusive, perpetual, sub-licensable 
                                license to all intellectual property 
                                rights in the design of the hardware or 
                                the component, except that the 
                                manufacturer may prohibit a person who 
                                obtains the design from using the 
                                design in a manner that is primarily 
                                intended for or directed toward 
                                commercial advantage or private 
                                monetary compensation that is unrelated 
                                to carrying out legitimate research or 
                                cybersecurity activity.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections for Federal office held in 2020 or any 
succeeding year.

SEC. 204. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING SYSTEMS.

    (a) Inclusion in Definition of Voting System.--Section 301(b) of 
the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``this section'' and inserting ``this Act'';
            (2) by striking ``and'' at the end of paragraph (1);
            (3) by redesignating paragraph (2) as paragraph (3); and
            (4) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) any electronic poll book used with respect to the 
        election; and''.
    (b) Definition.--Section 301 of such Act (52 U.S.C. 21081) is 
amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Electronic Poll Book Defined.--In this Act, the term 
`electronic poll book' means the total combination of mechanical, 
electromechanical, or electronic equipment (including the software, 
firmware, and documentation required to program, control, and support 
the equipment) that is used--
            ``(1) to retain the list of registered voters at a polling 
        location, or vote center, or other location at which voters 
        cast votes in an election for Federal office; and
            ``(2) to identify registered voters who are eligible to 
        vote in an election.''.
    (c) Effective Date.--Section 301(e) of such Act (52 U.S.C. 
21081(e)), as amended by section 107 and as redesignated by subsection 
(b), is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Special rule for electronic poll books.--In the case 
        of the requirements of subsection (c) (relating to electronic 
        poll books), each State and jurisdiction shall be required to 
        comply with such requirements on or after January 1, 2020.''.

SEC. 205. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    (a) Requiring States To Submit Reports.--Title III of the Help 
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by 
inserting after section 301 the following new section:

``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    ``(a) Requiring States To Submit Reports.--Not later than 120 days 
before the date of each regularly scheduled general election for 
Federal office, the chief State election official of a State shall 
submit a report to the Commission containing a detailed voting system 
usage plan for each jurisdiction in the State which will administer the 
election, including a detailed plan for the usage of electronic poll 
books and other equipment and components of such system.
    ``(b) Effective Date.--Subsection (a) shall apply with respect to 
the regularly scheduled general election for Federal office held in 
November 2020 and each succeeding regularly scheduled general election 
for Federal office.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 301 the 
following new item:

``Sec. 301A. Pre-election reports on voting system usage.''.

SEC. 206. STREAMLINING COLLECTION OF ELECTION INFORMATION.

    Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) 
is amended--
            (1) by striking ``The Commission'' and inserting ``(a) In 
        General.--The Commission''; and
            (2) by adding at the end the following new subsection:
    ``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35 
of title 44, United States Code, shall not apply to the collection of 
information for purposes of maintaining the clearinghouse described in 
paragraph (1) of subsection (a).''.

  TITLE III--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES

SEC. 301. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)), as amended by sections 104, 105, 201(a), 201(b), 201(c), and 
203(a), is further amended by adding at the end the following new 
paragraph:
            ``(14) Voting machine requirements.--By not later than the 
        date of the regularly scheduled general election for Federal 
        office occurring in November 2022, each State shall seek to 
        ensure that any voting machine used in such election and in any 
        subsequent election for Federal office is manufactured in the 
        United States.''.

                         TITLE IV--SEVERABILITY

SEC. 401. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this Act and 
amendments made by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be affected by the 
holding.

            Passed the House of Representatives June 27, 2019.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 2722

_______________________________________________________________________

                                 AN ACT

 To protect elections for public office by providing financial support 
  and enhanced security for the infrastructure used to carry out such 
                   elections, and for other purposes.