[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 378 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 378

 To amend the Help America Vote Act of 2002 to require voting systems 
   used in elections for Federal office to produce a voter-verified, 
auditable paper record of the votes cast in such elections, to require 
 State election officials to audit the results of such elections prior 
   to certifying the results, to provide grants to States to improve 
            voting system security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2019

 Mrs. Dingell introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
    Science, Space, and Technology, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Help America Vote Act of 2002 to require voting systems 
   used in elections for Federal office to produce a voter-verified, 
auditable paper record of the votes cast in such elections, to require 
 State election officials to audit the results of such elections prior 
   to certifying the results, to provide grants to States to improve 
            voting system security, 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.

    This Act may be cited as the ``Safeguarding Election Infrastructure 
Act of 2019''.

SEC. 2. REQUIRING USE OF VOTING SYSTEMS CAPABLE OF PRODUCING VOTER-
              VERIFIED, AUDITABLE PAPER RECORD IN ELECTIONS FOR FEDERAL 
              OFFICE.

    (a) Moratorium on Acquisition of Certain Direct Recording 
Electronic Voting Systems and Certain Other Voting Systems.--Section 
301 of the Help America Vote Act of 2002 (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) Moratorium on Acquisition of Certain Direct Recording 
Electronic Voting Systems and Certain Other Voting Systems.--Beginning 
on the date of the enactment of the Safeguarding Election 
Infrastructure Act of 2019, no State or jurisdiction may purchase or 
otherwise acquire for use in an election for Federal office a direct 
recording electronic voting system or other electronic voting system 
that does not produce a voter-verified paper record as required by 
section 301(a)(2) (as amended by such Act).''.
    (b) Paper Ballot and Manual Counting Requirements.--
            (1) In general.--Section 301(a)(2) of such Act (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 (or, in the case of an individual with a 
                        disability, by such alternative method as the 
                        election official shall establish that provides 
                        an equivalent opportunity, including with 
                        privacy and independence, as for other voters).
                            ``(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.''.
            (2) 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''.
            (3) Other conforming amendments.--Section 301(a)(1) of such 
        Act (52 U.S.C. 21081(a)(1)) is amended--
                    (A) in subparagraph (A)(i), by striking ``counted'' 
                and inserting ``counted, in accordance with paragraphs 
                (2) and (3)'';
                    (B) in subparagraph (A)(ii), by striking 
                ``counted'' and inserting ``counted, in accordance with 
                paragraphs (2) and (3)'';
                    (C) in subparagraph (A)(iii), by striking 
                ``counted'' each place it appears and inserting 
                ``counted, in accordance with paragraphs (2) and (3)''; 
                and
                    (D) in subparagraph (B)(ii), by striking 
                ``counted'' and inserting ``counted, in accordance with 
                paragraphs (2) and (3)''.
    (c) Effective Date.--Section 301(d) of such Act (52 U.S.C. 
21081(d)) is amended by striking the period at the end and inserting 
the following: ``, or, in the case of the requirements of this section 
which are first imposed on a State or jurisdiction pursuant to the 
amendments made by section 2 of the Safeguarding Election 
Infrastructure Act of 2019, with respect to voting systems used for 
elections held on or after the expiration of the 1-year period which 
begins on the date of the enactment of such Act''.

SEC. 3. MANDATORY MANUAL AUDITS OF RESULTS OF FEDERAL ELECTIONS.

    (a) Requiring Audits of Results.--Title III of the Help America 
Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the 
end the following new subtitle:

                 ``Subtitle C--Mandatory Manual Audits

``SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS.

    ``(a) Requiring Audits.--
            ``(1) In general.--In accordance with this subtitle, each 
        State shall administer, without advance notice to the precincts 
        or alternative audit units selected, audits of the results of 
        all elections for Federal office held in the State (and, at the 
        option of the State or jurisdiction involved, of elections for 
        State and local office held at the same time as such election) 
        consisting of random hand counts of the voter-verified paper 
        ballots required to be used and preserved pursuant to section 
        301(a)(2).
            ``(2) Exception for certain elections.--A State shall not 
        be required to administer an audit of the results of an 
        election for Federal office under this subtitle if the winning 
        candidate in the election--
                    ``(A) had no opposition on the ballot; or
                    ``(B) received 59 percent or more of the total 
                number of votes cast in the election, as determined on 
                the basis of the final unofficial vote count.
    ``(b) Determination of Entity Conducting Audits; Application of GAO 
Independence Standards.--The State shall administer audits under this 
subtitle through an entity selected for such purpose by the State in 
accordance with such criteria as the State considers appropriate 
consistent with the requirements of this subtitle, except that the 
entity must meet the general standards established by the Comptroller 
General and as set forth in the Comptroller General's Government 
Auditing Standards to ensure the independence (including, except as 
provided under section 323(b), the organizational independence) of 
entities performing financial audits, attestation engagements, and 
performance audits.
    ``(c) References to Election Auditor.--In this subtitle, the term 
`Election Auditor' means, with respect to a State, the entity selected 
by the State under subsection (b).

``SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.

    ``(a) In General.--Except as provided in subsection (b), the number 
of voter-verified paper ballots which will be subject to a hand count 
administered by the Election Auditor of a State under this subtitle 
with respect to an election shall be determined as follows:
            ``(1) In the event that the unofficial count as described 
        in section 323(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is less than 1 percent of the total votes cast in that 
        election, the hand counts of the voter-verified paper ballots 
        shall occur in at least 10 percent of all precincts or 
        equivalent locations (or alternative audit units used in 
        accordance with the method provided for under subsection (b)) 
        in the congressional district involved (in the case of an 
        election for the House of Representatives) or the State (in the 
        case of any other election for Federal office).
            ``(2) In the event that the unofficial count as described 
        in section 323(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is greater than or equal to 1 percent but less than 2 
        percent of the total votes cast in that election, the hand 
        counts of the voter-verified paper ballots shall occur in at 
        least 5 percent of all precincts or equivalent locations (or 
        alternative audit units used in accordance with the method 
        provided for under subsection (b)) in the congressional 
        district involved (in the case of an election for the House of 
        Representatives) or the State (in the case of any other 
        election for Federal office).
            ``(3) In the event that the unofficial count as described 
        in section 323(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is equal to or greater than 2 percent of the total 
        votes cast in that election, the hand counts of the voter-
        verified paper ballots shall occur in at least 3 percent of all 
        precincts or equivalent locations (or alternative audit units 
        used in accordance with the method provided for under 
        subsection (b)) in the congressional district involved (in the 
        case of an election for the House of Representatives) or the 
        State (in the case of any other election for Federal office).
    ``(b) Use of Alternative Mechanism.--
            ``(1) Permitting use of alternative mechanism.--
        Notwithstanding subsection (a), a State may adopt and apply an 
        alternative mechanism to determine the number of voter-verified 
        paper ballots which will be subject to the hand counts required 
        under this subtitle with respect to an election, so long as the 
        alternative mechanism uses the voter-verified paper ballots to 
        conduct the audit and the National Institute of Standards and 
        Technology determines that the alternative mechanism is in 
        accordance with the principles set forth in paragraph (2).
            ``(2) Principles for approval.--In approving an alternative 
        mechanism under paragraph (1), the National Institute of 
        Standards and Technology shall ensure that the audit procedure 
        will have the property that for each election--
                    ``(A) the alternative mechanism will be at least as 
                statistically effective in ensuring the accuracy of the 
                election results as the procedures under this subtitle; 
                or
                    ``(B) the alternative mechanism will achieve at 
                least a 95 percent confidence interval (as determined 
                in accordance with criteria set forth by the National 
                Institute of Standards and Technology) with respect to 
                the outcome of the election.
            ``(3) Deadline for response; reasons for denial.--The 
        Director of the National Institute of Standards and Technology 
        shall make a determination regarding a State's request to 
        approve an alternative mechanism under paragraph (1) not later 
        than 30 days after receiving the State's request. If the 
        Director rejects such a request, the Director shall provide the 
        State with the reasons for the rejection in writing.

``SEC. 323. PROCESS FOR ADMINISTERING AUDITS.

    ``(a) In General.--The Election Auditor of a State shall administer 
an audit under this section of the results of an election in accordance 
with the following procedures:
            ``(1) Within 24 hours after the State announces the final 
        unofficial vote count (as defined by the State) in each 
        precinct in the State, the Election Auditor shall--
                    ``(A) determine and then announce publicly the 
                precincts or equivalent locations (or alternative audit 
                units used in accordance with the method provided under 
                section 322(b)) in the State in which it will 
                administer the audits; and
                    ``(B) with respect to votes cast at the precinct or 
                equivalent location on or before the date of the 
                election (other than provisional ballots described in 
                paragraph (2)), begin to administer the hand count of 
                the votes on the voter-verified paper ballots required 
                to be used and preserved under section 301(a)(2)(A) and 
                the comparison of the count of the votes on those 
                ballots with the final unofficial count of such votes 
                as announced by the State.
            ``(2) With respect to votes cast other than at the precinct 
        on the date of the election (other than votes cast by 
        provisional ballot on the date of the election which are 
        certified and counted by the State on or after the date of the 
        election), including votes cast by absent uniformed services 
        voters and overseas voters under the Uniformed and Overseas 
        Citizens Absentee Voting Act, the Election Auditor shall 
        administer the hand count of the votes on the applicable voter-
        verified paper ballots required to be produced and preserved 
        under section 301(a)(2)(A) and the comparison of the count of 
        the votes on those ballots with the final unofficial count of 
        such votes as announced by the State.
    ``(b) Use of Personnel.--In administering the audits, the Election 
Auditor may utilize the services of the personnel of the State or 
jurisdiction, including election administration personnel and poll 
workers, without regard to whether or not the personnel have 
professional auditing experience.
    ``(c) Location.--The Election Auditor shall administer an audit of 
an election--
            ``(1) at the location where the ballots cast in the 
        election are stored and counted after the date of the election 
        or such other appropriate and secure location agreed upon by 
        the Election Auditor and the individual that is responsible 
        under State law for the custody of the ballots; and
            ``(2) in the presence of the personnel who under State law 
        are responsible for the custody of the ballots.
    ``(d) Special Rule in Case of Delay in Reporting Absentee Vote 
Count.--In the case of a State in which the final count of absentee and 
provisional votes is not announced until after the date of the 
election, the Election Auditor shall initiate the process described in 
subsection (a) for administering the audit not later than 24 hours 
after the State announces the final unofficial vote count for the votes 
cast at the precinct or equivalent location on or before the date of 
the election, and shall initiate the administration of the audit of the 
absentee and provisional votes pursuant to subsection (a)(2) not later 
than 24 hours after the State announces the final unofficial count of 
such votes.
    ``(e) Additional Audits if Cause Shown.--
            ``(1) In general.--If the Election Auditor finds that any 
        of the hand counts administered under this section do not match 
        the final unofficial tally of the results of an election, the 
        Election Auditor shall administer hand counts under this 
        section of such additional precincts (or alternative audit 
        units) as the Election Auditor considers appropriate to resolve 
        any concerns resulting from the audit and ensure the accuracy 
        of the election results.
            ``(2) Establishment and publication of procedures governing 
        additional audits.--Not later than June 1, 2022, each State 
        shall establish and publish procedures for carrying out the 
        additional audits under this subsection, including the means by 
        which the State shall resolve any concerns resulting from the 
        audit with finality and ensure the accuracy of the election 
        results.
    ``(f) Public Observation of Audits.--Each audit conducted under 
this section shall be conducted in a manner that allows public 
observation of the entire process.

``SEC. 324. SELECTION OF PRECINCTS.

    ``(a) In General.--Except as provided in subsection (c), the 
selection of the precincts or alternative audit units in the State in 
which the Election Auditor of the State shall administer the hand 
counts under this subtitle shall be made by the Election Auditor on a 
random basis, in accordance with procedures adopted by the National 
Institute of Standards and Technology, except that at least one 
precinct shall be selected at random in each county, with additional 
precincts selected by the Election Auditor at the Auditor's discretion.
    ``(b) Public Selection.--The random selection of precincts under 
subsection (a) shall be conducted in public, at a time and place 
announced in advance.
    ``(c) Mandatory Selection of Precincts Established Specifically For 
Absentee Ballots.--If a State does not sort absentee ballots by 
precinct and include those ballots in the hand count with respect to 
that precinct, the State shall create absentee ballot precincts or 
audit units which are of similar size to the average precinct or audit 
unit in the jurisdiction being audited, and shall include those 
absentee precincts or audit units among the precincts in the State in 
which the Election Auditor shall administer the hand counts under this 
subtitle.
    ``(d) Deadline for Adoption of Procedures by Commission.--The 
National Institute of Standards and Technology shall adopt the 
procedures described in subsection (a) not later than October 1, 2021, 
and shall publish them in the Federal Register upon adoption.

``SEC. 325. PUBLICATION OF RESULTS.

    ``(a) Submission to Commission.--As soon as practicable after the 
completion of an audit under this subtitle, the Election Auditor of a 
State shall submit to the Commission the results of the audit, and 
shall include in the submission a comparison of the results of the 
election in the precinct as determined by the Election Auditor under 
the audit and the final unofficial vote count in the precinct as 
announced by the State and all undervotes, overvotes, blank ballots, 
and spoiled, voided, or cancelled ballots, as well as a list of any 
discrepancies discovered between the initial, subsequent, and final 
hand counts administered by the Election Auditor and such final 
unofficial vote count and any explanation for such discrepancies, 
broken down by the categories of votes described in paragraphs (1)(B) 
and (2) of section 323(a).
    ``(b) Publication by Commission.--Immediately after receiving the 
submission of the results of an audit from the Election Auditor of a 
State under subsection (a), the Commission shall publicly announce and 
publish the information contained in the submission.
    ``(c) Delay in Certification of Results by State.--
            ``(1) Prohibiting certification until completion of 
        audits.--No State may certify the results of any election which 
        is subject to an audit under this subtitle prior to--
                    ``(A) the completion of the audit (and, if 
                required, any additional audit conducted under section 
                323(e)(1)) and the announcement and submission of the 
                results of each such audit to the Commission for 
                publication of the information required under this 
                section; and
                    ``(B) the completion of any procedure established 
                by the State pursuant to section 323(e)(2) to resolve 
                discrepancies and ensure the accuracy of results.
            ``(2) Deadline for completion of audits of presidential 
        elections.--In the case of an election for electors for 
        President and Vice President which is subject to an audit under 
        this subtitle, the State shall complete the audits and announce 
        and submit the results to the Commission for publication of the 
        information required under this section in time for the State 
        to certify the results of the election and provide for the 
        final determination of any controversy or contest concerning 
        the appointment of such electors prior to the deadline 
        described in section 6 of title 3, United States Code.

``SEC. 326. PAYMENTS TO STATES.

    ``(a) Payments For Costs of Conducting Audits.--In accordance with 
the requirements and procedures of this section, the Commission shall 
make a payment to a State to cover the costs incurred by the State in 
carrying out this subtitle with respect to the elections that are the 
subject of the audits conducted under this subtitle.
    ``(b) Certification of Compliance and Anticipated Costs.--
            ``(1) Certification required.--In order to receive a 
        payment under this section, a State shall submit to the 
        Commission, in such form as the Commission may require, a 
        statement containing--
                    ``(A) a certification that the State will conduct 
                the audits required under this subtitle in accordance 
                with all of the requirements of this subtitle;
                    ``(B) a notice of the reasonable costs incurred or 
                the reasonable costs anticipated to be incurred by the 
                State in carrying out this subtitle with respect to the 
                elections involved; and
                    ``(C) such other information and assurances as the 
                Commission may require.
            ``(2) Amount of payment.--The amount of a payment made to a 
        State under this section shall be equal to the reasonable costs 
        incurred or the reasonable costs anticipated to be incurred by 
        the State in carrying out this subtitle with respect to the 
        elections involved, as set forth in the statement submitted 
        under paragraph (1).
            ``(3) Timing of notice.--The State may not submit a notice 
        under paragraph (1) until candidates have been selected to 
        appear on the ballot for all of the elections for Federal 
        office which will be the subject of the audits involved.
    ``(c) Timing of Payments.--The Commission shall make the payment 
required under this section to a State not later than 30 days after 
receiving the notice submitted by the State under subsection (b).
    ``(d) Recoupment of Overpayments.--No payment may be made to a 
State under this section unless the State agrees to repay to the 
Commission (for deposit in the general fund of the Treasury) the excess 
(if any) of--
            ``(1) the amount of the payment received by the State under 
        this section with respect to the elections involved; over
            ``(2) the actual costs incurred by the State in carrying 
        out this subtitle with respect to the elections involved.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Commission for fiscal year 2022 and each succeeding 
        fiscal year $45,000,000 for payments under this section.
            ``(2) Continuing availability of amounts appropriated.--Any 
        amount appropriated for a fiscal year pursuant to the 
        authorization under paragraph (1) shall remain available until 
        expended.

``SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RECOUNT UNDER STATE LAW 
              PRIOR TO CERTIFICATION.

    ``(a) Exception.--This subtitle does not apply to any election for 
which a recount under State law will commence prior to the 
certification of the results of the election, including but not limited 
to a recount required automatically because of the margin of victory 
between the 2 candidates receiving the largest number of votes in the 
election, but only if each of the following applies to the recount:
            ``(1) The recount commences prior to the determination and 
        announcement by the Election Auditor under section 323(a)(1) of 
        the precincts in the State in which it will administer the 
        audits under this subtitle.
            ``(2) If the recount would apply to fewer than 100 percent 
        of the ballots cast in the election--
                    ``(A) the number of ballots counted will be at 
                least as many as would be counted if an audit were 
                conducted with respect to the election in accordance 
                with this subtitle; and
                    ``(B) the selection of the precincts in which the 
                recount will be conducted will be made in accordance 
                with the random selection procedures applicable under 
                section 324.
            ``(3) The recount for the election meets the requirements 
        of section 323(f) (relating to public observation).
            ``(4) The State meets the requirements of section 325 
        (relating to the publication of results and the delay in the 
        certification of results) with respect to the recount.
    ``(b) Clarification of Effect on Other Requirements.--Nothing in 
this section may be construed to waive the application of any other 
provision of this Act to any election (including the requirement set 
forth in section 301(a)(2) that the voter-verified paper ballots serve 
as the vote of record and shall be counted by hand in all audits and 
recounts, including audits and recounts described in this subtitle).

``SEC. 328. EFFECTIVE DATE.

    ``This subtitle shall apply with respect to the regularly scheduled 
general elections for Federal office held in November 2022 and each 
succeeding election for Federal office.''.
    (b) Availability of Enforcement Under Help America Vote Act of 
2002.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking 
``sections 301, 302, and 303'' and inserting ``title III''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title III the 
following:

                 ``Subtitle C--Mandatory Manual Audits

``Sec. 321. Requiring audits of results of elections.
``Sec. 322. Number of ballots counted under audit.
``Sec. 323. Process for administering audits.
``Sec. 324. Selection of precincts.
``Sec. 325. Publication of results.
``Sec. 326. Payments to States.
``Sec. 327. Exception for elections subject to recount under State law 
                            prior to certification.
``Sec. 328. Effective date.''.

SEC. 4. INCENTIVES TO STATES TO IMPROVE VOTING SYSTEM SECURITY.

    (a) Grants From Election Assistance Commission.--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--PAYMENTS FOR IMPROVING VOTING SYSTEM SECURITY

``SEC. 297. INCENTIVES FOR STATES TO IMPROVE VOTING SYSTEM SECURITY.

    ``(a) Grants Authorized.--
            ``(1) In general.--From the amounts made available under 
        section 297E for a fiscal year and not reserved under section 
        (b) of such section, the Commission shall award grants on a 
        competitive basis to States in accordance with section 297B.
            ``(2) Number of grants.--A State may not receive more than 
        1 grant under this part for a fiscal year.
    ``(b) Use of Funds.--Each State that receives a grant under this 
part shall use the funds provided by the grant to carry out the State's 
grant implementation plan described in section 297A(b).

``SEC. 297A. CRITERIA FOR AWARDING GRANTS.

    ``(a) Applications.--Each State that desires to receive a grant 
under this part shall submit an application to the Commission at such 
time, in such manner, and containing such information as the Commission 
may reasonably require. At a minimum, each such application shall 
include each of the following:
            ``(1) The grant implementation plan described in subsection 
        (b).
            ``(2) Evidence of established conditions of innovation and 
        reform in providing voting system security and the State's 
        proposed plan for implementing additional conditions.
            ``(3) Evidence of collaboration between relevant 
        stakeholders in developing the grant implementation plan 
        described in subsection (b).
            ``(4) Annual performance measures and targets for the 
        activities carried out with the grant.
            ``(5) A description of the State's plan to conduct a 
        rigorous evaluation of the effectiveness of the activities 
        carried out with the grant.
    ``(b) Grant Implementation Plan.--The grant implementation plan 
described in this subsection is a plan developed by the State for using 
funds provided by the grant to carry out some or all of the following, 
and to otherwise meet the requirements of section 301 which are first 
imposed on a State or jurisdiction pursuant to the amendments made by 
section 2 of the Safeguarding Election Infrastructure Act of 2019, 
during the grant implementation period:
            ``(1) Providing voting machines that are less than 10 years 
        old as of the date on which the State submits its application 
        for the grant under subsection (a).
            ``(2) Updating voting equipment to provide a verifiable 
        paper trail at polling stations.
            ``(3) Implementing strong chain of custody procedures for 
        the physical security of voting equipment and paper records at 
        all stages of the process.
            ``(4) Conducting pre-election testing on every voting 
        machine and ensuring paper ballots are available wherever 
        electronic machines are used.
            ``(5) Keeping offline backups of voter registration lists.
            ``(6) Providing a secure voter registration database that 
        logs requests submitted to the database.
            ``(7) Publishing and enforcing a policy detailing use 
        limitations and security safeguards to protect voters' personal 
        information in the voter registration process.
            ``(8) Providing secure processes and procedures for 
        reporting vote tallies.
            ``(9) Providing a secure platform for disseminating vote 
        totals.
    ``(c) Grant Implementation Period Defined.--In this part, the 
`grant implementation period' with respect to a grant is the 4-year 
period which begins on the first day of the fiscal year for which the 
grant is awarded.

``SEC. 297B. CRITERIA FOR EVALUATING APPLICATIONS.

    ``(a) Award Basis.--The Commission shall award grants to States 
under this part on a competitive basis, based on the quality of the 
State's application submitted under section 297A, including--
            ``(1) the quality and likelihood of success of the State's 
        grant implementation plan described in section 297A(b), 
        including the State's capacity to implement the plan and 
        evidence of collaboration as described in paragraph (3) of 
        section 297A(a);
            ``(2) the State's record of, and commitment to, 
        establishing conditions for innovation and reform, as described 
        in paragraph (2) of section 297A(a); and
            ``(3) the State's evaluation plan as described in paragraph 
        (5) of section 297A(a).
    ``(b) Special Rule for States Receiving Grants in Previous Fiscal 
Years.--In the case of a State that received a grant under this part in 
a previous fiscal year, the Commission may not award a grant under this 
part to the State for any subsequent fiscal year unless the State 
demonstrates to the satisfaction of the Commission that--
            ``(1) the State made sufficient progress in carrying out 
        the grant implementation plan for that previous fiscal year at 
        a rate that will enable the State to fully implement the plan 
        prior to the end of the grant implementation period for that 
        plan; or
            ``(2) the State made sufficient progress in meeting the 
        performance measures and targets for the programs and 
        activities funded by the grant (as established by the State 
        under section 297C) to enable the State to fully meet such 
        measures and targets prior to the end of the grant 
        implementation period for that plan.
    ``(c) Explanation.--The Commission shall publish an explanation of 
how the application review process under this subsection will ensure an 
equitable and objective evaluation based on the criteria described in 
subsection (a) and the special rule described in subsection (b).

``SEC. 297C. ESTABLISHMENT OF PERFORMANCE MEASURES AND TARGETS.

    ``Each State receiving a grant under this part shall establish 
performance measures and targets approved by the Commission for the 
programs and activities carried out with the funds provided by the 
grant.

``SEC. 297D. REPORTING REQUIREMENTS.

    ``Each State receiving a grant under this part shall submit to the 
Commission, at such time and in such manner as the Commission may 
require, an annual report including--
            ``(1) data on the State's progress in achieving the targets 
        for the performance measures established under section 297C;
            ``(2) a description of the challenges the State has faced 
        in implementing the programs and activities funded by the grant 
        and how it has addressed or plans to address those challenges; 
        and
            ``(3) findings from the evaluation plan for the grant.

``SEC. 297E. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--
            ``(1) In general.--There are authorized to be appropriated 
        such sums as may be necessary for fiscal year 2020 and each 
        succeeding fiscal year to carry out this part.
            ``(2) No continuing availability of funds.--Any amount 
        appropriated for a fiscal year pursuant to the authorization 
        under paragraph (1) shall not remain available for any 
        subsequent fiscal year.
    ``(b) Reservation of Funds.--From the amount made available to 
carry out this part for a fiscal year, the Commission may reserve not 
more than 10 percent of such amount to carry out activities related 
to--
            ``(1) technical assistance; and
            ``(2) outreach and dissemination.''.
    (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--Payments for Improving Voting System Security

``Sec. 297. Incentives for States to improve voting system security.
``Sec. 297A. Criteria for awarding grants.
``Sec. 297B. Criteria for evaluating applications.
``Sec. 297C. Establishment of performance measures and targets.
``Sec. 297D. Reporting requirements.
``Sec. 297E. Authorization of appropriations.''.

SEC. 5. DUTIES OF SECRETARY OF HOMELAND SECURITY.

    (a) Notification of Breaches of Voting System Security or Related 
Investigations.--
            (1) Requiring notification to congress and state election 
        officials.--If the Secretary of Homeland Security makes a 
        determination that the security of any voting system or any 
        voter registration database that has been used or will be used 
        in an election for Federal office has been breached, or if the 
        Secretary is conducting an investigation regarding whether or 
        not the security of such a system or database has been 
        breached, the Secretary shall submit a report on the 
        determination or investigation to the Committee on Homeland 
        Security of the House of Representatives, the Committee on 
        Homeland Security and Governmental Affairs of the Senate, and 
        the chief State election official of the State in which the 
        system is used or will be used.
            (2) Deadline.--The Secretary shall submit the report 
        required under paragraph (1) not later than 30 days after 
        making the determination involved or initiating the 
        investigation involved (as the case may be).
    (b) Sharing Information With State Election Officials.--At the 
request of a State, the Secretary of Homeland Security shall 
collaborate with the chief State election official of the State to help 
prevent and respond to threats to the security of the voting systems 
and databases described in subsection (a), including assisting such 
official with obtaining the appropriate level of security clearance 
necessary to receive information regarding such threats.
    (c) Definitions.--In this subsection--
            (1) the ``chief State election official'' of a State is the 
        individual designated by the State under section 10 of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20509) to be 
        responsible for coordination of the State's responsibilities 
        under such Act; and
            (2) the term ``voting system'' has the meaning given such 
        term under section 301(b) of the Help America Vote Act of 2002 
        (52 U.S.C. 21081(b)).
                                 <all>