[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[Senate]
[Pages S3381-S3389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 282. Ms. KLOBUCHAR submitted an amendment intended to be proposed
by her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION __--ELECTION SECURITY
SECTION _001. SHORT TITLE.
This division may be cited as the ``Election Security Act
of 2019''.
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.
``(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.''.
[[Page S3382]]
(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;''.
(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 Commission shall make grants
to not fewer than 3 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 Commission (at
such time and in such form as the Commission 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 Commission 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 under section 271, to the
extent that the Commission determines 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 Election Security Act of 2019 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-
verifiable 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) Paragraph (3)(B)(ii)(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 verifiable paper record printers
attached to direct recording electronic voting machines, or
which used other voting systems that used or produced
[[Page S3383]]
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 (as defined in
section 801 of the Election Security Act) 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:
[[Page S3384]]
``(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
risk-limiting audits and 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) $1,000,000,000 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:
[[Page S3385]]
``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. 148).
``(2) The term `election infrastructure' has the meaning
given such term in section 3501 of the Election Security Act.
``(3) 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--Grants for Risk-Limiting Audits of Results of Elections
SEC. _121. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING
AUDITS OF RESULTS OF ELECTIONS.
(a) Availability of Grants.--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--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS
``SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF
RESULTS OF ELECTIONS.
``(a) Availability of Grants.--The Commission shall make a
grant to each eligible State to conduct risk-limiting audits
as described in subsection (b) with respect to the regularly
scheduled general elections for Federal office held in
November 2020 and each succeeding election for Federal
office.
``(b) Risk-limiting Audits Described.--In this part, a
`risk-limiting audit' is a post-election process--
``(1) which is conducted in accordance with rules and
procedures established by the chief State election official
of the State which meet the requirements of subsection (c);
and
``(2) under which, if the reported outcome of the election
is incorrect, there is at least a predetermined percentage
chance that the audit will replace the incorrect outcome with
the correct outcome as determined by a full, hand-to-eye
tabulation of all votes validly cast in that election that
ascertains voter intent manually and directly from voter-
verifiable paper records.
``(c) Requirements for Rules and Procedures.--The rules and
procedures established for conducting a risk-limiting audit
shall include the following elements:
``(1) Rules for ensuring the security of ballots and
documenting that prescribed procedures were followed.
``(2) Rules and procedures for ensuring the accuracy of
ballot manifests produced by election agencies.
``(3) Rules and procedures for governing the format of
ballot manifests, cast vote records, and other data involved
in the audit.
``(4) Methods to ensure that any cast vote records used in
the audit are those used by the voting system to tally the
election results sent to the chief State election official
and made public.
``(5) Procedures for the random selection of ballots to be
inspected manually during each audit.
``(6) Rules for the calculations and other methods to be
used in the audit and to determine whether and when the audit
of an election is complete.
``(7) Procedures and requirements for testing any software
used to conduct risk-limiting audits.
``(d) Definitions.--In this part, the following definitions
apply:
``(1) The term `ballot manifest' means a record maintained
by each election agency that meets each of the following
requirements:
``(A) The record is created without reliance on any part of
the voting system used to tabulate votes.
``(B) The record functions as a sampling frame for
conducting a risk-limiting audit.
``(C) The record contains the following information with
respect to the ballots cast and counted in the election:
``(i) The total number of ballots cast and counted by the
agency (including undervotes, overvotes, and other invalid
votes).
``(ii) The total number of ballots cast in each election
administered by the agency (including undervotes, overvotes,
and other invalid votes).
``(iii) 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.
``(2) The term `incorrect outcome' means an outcome that
differs from the outcome that would be determined by a full
tabulation of all votes validly cast in the election,
determining voter intent manually, directly from voter-
verifiable paper records.
``(3) The term `outcome' means the winner of an election,
whether a candidate or a position.
``(4) The term `reported outcome' means the outcome of an
election 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.
``SEC. 298A. 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 certification that, not later than 5 years after
receiving the grant, the State will conduct risk-limiting
audits of the results of elections for Federal office held in
the State as described in section 298;
``(2) a certification that, not later than one year after
the date of the enactment of this section, the chief State
election official of the State has established or will
establish the rules and procedures for conducting the audits
which meet the requirements of section 298(c);
``(3) a certification that the audit shall be completed not
later than the date on which the State certifies the results
of the election;
``(4) a certification that, after completing the audit, 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;
``(5) a certification that, if a risk-limiting audit
conducted under this part leads to a full manual tally of an
election, State law requires that the State or election
agency shall use the results of the full manual tally as the
official results of the election; and
``(6) such other information and assurances as the
Commission may require.
``SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under
this part $20,000,000 for fiscal year 2019, to remain
available 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--Grants for Conducting Risk-Limiting Audits of Results of
Elections
``Sec. 298. Grants for conducting risk-limiting audits of results of
elections.
``Sec. 298A. Eligibility of States.
``Sec. 298B. Authorization of appropriations.
SEC. _122. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 6 months after the first
election for Federal office is held after grants are first
awarded to States for conducting risk-limiting audits under
part 8 of subtitle D of title II of the Help America Vote Act
of 2002 (as added by section _121) for conducting risk-
limiting audits of elections for Federal office, 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 appropriate congressional committees.
Subtitle C--Election Infrastructure Innovation Grant Program
SEC. _131. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended--
(1) by redesignating the second section 319 (relating to
EMP and GMD mitigation research and development) as section
320; and
(2) by adding at the end the following new section:
``SEC. 321. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
``(a) Establishment.--The Secretary, acting through the
Under Secretary for Science and Technology, in coordination
with the Chairman of the Election Assistance Commission
(established pursuant to the Help America Vote Act of 2002)
and in consultation with the Director of the National Science
Foundation and the Director of the National Institute of
Standards and Technology, shall establish a competitive grant
program to award grants to eligible entities, on a
competitive basis, for purposes of research and development
that are determined to have the potential to significantly
improve the security (including cybersecurity), quality,
reliability, accuracy, accessibility, and affordability of
election infrastructure, and increase voter participation.
``(b) Report to Congress.--Not later than 90 days after the
conclusion of each fiscal year for which grants are awarded
under this section, the Secretary shall submit to the
Committee on Homeland Security and the Committee on House
Administration of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and
the Committee on Rules and Administration of the Senate a
report describing such grants and analyzing the impact, if
any, of such grants on the security and operation of election
infrastructure, and on voter participation.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $20,000,000 for each of
fiscal years 2019 through 2027 for purposes of carrying out
this section.
``(d) Eligible Entity Defined.--In this section, the term
`eligible entity' means--
``(1) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), including an institution of higher education that
is a historically Black college or university
[[Page S3386]]
(which has the meaning given the term ``part B institution''
in section 322 of such Act (20 U.S.C. 1061)) or other
minority-serving institution listed in section 371(a) of such
Act (20 U.S.C. 1067q(a));
``(2) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code; or
``(3) an organization, association, or a for-profit
company, including a small business concern (as such term is
defined under section 3 of the Small Business Act (15 U.S.C.
632)), including a small business concern owned and
controlled by socially and economically disadvantaged
individuals as defined under section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).''.
(b) Definition.--Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended--
(1) by redesignating paragraphs (6) through (20) as
paragraphs (7) through (21), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) Election infrastructure.--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
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.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking both items relating to section 319 and the item
relating to section 318 and inserting the following new
items:
``Sec. 318. Social media working group.
``Sec. 319. Transparency in research and development.
``Sec. 320. EMP and GMD mitigation research and development.
``Sec. 321. Election infrastructure innovation grant program.''.
TITLE II--SECURITY MEASURES
SEC. _201. ELECTION INFRASTRUCTURE DESIGNATION.
Subparagraph (J) of section 2001(3) of the Homeland
Security Act of 2002 (6 U.S.C. 601(3)) is amended by
inserting ``, including election infrastructure'' before the
period at the end.
SEC. _202. TIMELY THREAT INFORMATION.
Subsection (d) of section 201 of the Homeland Security Act
of 2002 (6 U.S.C. 121) is amended by adding at the end the
following new paragraph:
``(24) To provide timely threat information regarding
election infrastructure to the chief State election official
of the State with respect to which such information
pertains.''.
SEC. _203. SECURITY CLEARANCE ASSISTANCE FOR ELECTION
OFFICIALS.
In order to promote the timely sharing of information on
threats to election infrastructure, the Secretary may--
(1) help expedite a security clearance for the chief State
election official and other appropriate State personnel
involved in the administration of elections, as designated by
the chief State election official;
(2) sponsor a security clearance for the chief State
election official and other appropriate State personnel
involved in the administration of elections, as designated by
the chief State election official; and
(3) facilitate the issuance of a temporary clearance to the
chief State election official and other appropriate State
personnel involved in the administration of elections, as
designated by the chief State election official, if the
Secretary determines classified information to be timely and
relevant to the election infrastructure of the State at
issue.
SEC. _204. SECURITY RISK AND VULNERABILITY ASSESSMENTS.
(a) In General.--Paragraph (6) of section 2209(c) of the
Homeland Security Act of 2002 (6 U.S.C. 659(c)) is amended by
inserting ``(including by carrying out a security risk and
vulnerability assessment)'' after ``risk management
support''.
(b) Prioritization to Enhance Election Security.--
(1) In general.--Not later than 90 days after receiving a
written request from a chief State election official, the
Secretary shall, to the extent practicable, commence a
security risk and vulnerability assessment (pursuant to
paragraph (6) of section 2209(c) of the Homeland Security Act
of 2002, as amended by subsection (a)) on election
infrastructure in the State at issue.
(2) Notification.--If the Secretary, upon receipt of a
request described in paragraph (1), determines that a
security risk and vulnerability assessment cannot be
commenced within 90 days, the Secretary shall expeditiously
notify the chief State election official who submitted such
request.
SEC. _205. ANNUAL REPORTS.
(a) Reports on Assistance and Assessments.--Not later than
one year after the date of the enactment of this Act and
annually thereafter through 2026, the Secretary shall submit
to the appropriate congressional committees--
(1) efforts to carry out section 203 during the prior year,
including specific information on which States were helped,
how many officials have been helped in each State, how many
security clearances have been sponsored in each State, and
how many temporary clearances have been issued in each State;
and
(2) efforts to carry out section 204 during the prior year,
including specific information on which States were helped,
the dates on which the Secretary received a request for a
security risk and vulnerability assessment pursuant to such
section, the dates on which the Secretary commenced each such
request, and the dates on which the Secretary transmitted a
notification in accordance with subsection (b)(2) of such
section.
(b) Reports on Foreign Threats.--Not later than 90 days
after the end of each fiscal year (beginning with fiscal year
2019), the Secretary and the Director of National
Intelligence, in coordination with the heads of appropriate
offices of the Federal government, shall submit a joint
report to the appropriate congressional committees on foreign
threats to elections in the United States, including physical
and cybersecurity threats.
(c) Information From States.--For purposes of preparing the
reports required under this section, the Secretary shall
solicit and consider information and comments from States and
election agencies, except that the provision of such
information and comments by a State or election agency shall
be voluntary and at the discretion of the State or agency.
SEC. _206. PRE-ELECTION THREAT ASSESSMENTS.
(a) Submission of Assessment by DNI.--Not later than 180
days before the date of each regularly scheduled general
election for Federal office, the Director of National
Intelligence shall submit an assessment of the full scope of
threats to election infrastructure, including cybersecurity
threats posed by state actors and terrorist groups, and
recommendations to address or mitigate the threats, as
developed by the Secretary and Chairman, to--
(1) the chief State election official of each State;
(2) the Committees on Homeland Security and House
Administration of the House of Representatives and the
Committees on Homeland Security and Governmental Affairs and
Rules and Administration of the Senate; and
(3) any other appropriate congressional committees.
(b) Updates to Initial Assessments.--If, at any time after
submitting an assessment with respect to an election under
subsection (a), the Director of National Intelligence
determines that the assessment should be updated to reflect
new information regarding the threats involved, the Director
shall submit a revised assessment under such subsection.
(c) Definitions.--In this section, the following
definitions apply:
(1) The term ``Chairman'' means the chair of the Election
Assistance Commission.
(2) The term ``chief State election official'' means, with
respect to a State, 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.
(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 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 ``Secretary'' means the Secretary of Homeland
Security.
(5) The term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
(d) Effective Date.--This title 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.
TITLE III--ENHANCING PROTECTIONS FOR UNITED STATES DEMOCRATIC
INSTITUTIONS
SEC. _301. NATIONAL STRATEGY TO PROTECT UNITED STATES
DEMOCRATIC INSTITUTIONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the President, acting through the
Secretary, in consultation with the Chairman, the Secretary
of Defense, the Secretary of State, the Attorney General, the
Secretary of Education, the Director of National
Intelligence, the Chairman of the Federal Election
Commission, and the heads of any other appropriate Federal
agencies, shall issue a national strategy to protect against
cyber attacks, influence operations, disinformation
campaigns, and other activities that could undermine the
security and integrity of United States democratic
institutions.
(b) Considerations.--The national strategy required under
subsection (a) shall include consideration of the following:
[[Page S3387]]
(1) The threat of a foreign state actor, foreign terrorist
organization (as designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189)), or a
domestic actor carrying out a cyber attack, influence
operation, disinformation campaign, or other activity aimed
at undermining the security and integrity of United States
democratic institutions.
(2) The extent to which United States democratic
institutions are vulnerable to a cyber attack, influence
operation, disinformation campaign, or other activity aimed
at undermining the security and integrity of such democratic
institutions.
(3) Potential consequences, such as an erosion of public
trust or an undermining of the rule of law, that could result
from a successful cyber attack, influence operation,
disinformation campaign, or other activity aimed at
undermining the security and integrity of United States
democratic institutions.
(4) Lessons learned from other Western governments the
institutions of which were subject to a cyber attack,
influence operation, disinformation campaign, or other
activity aimed at undermining the security and integrity of
such institutions, as well as actions that could be taken by
the United States Government to bolster collaboration with
foreign partners to detect, deter, prevent, and counter such
activities.
(5) Potential impacts such as an erosion of public trust in
democratic institutions as could be associated with a
successful cyber breach or other activity negatively-
affecting election infrastructure.
(6) Roles and responsibilities of the Secretary, the
Chairman, and the heads of other Federal entities and non-
Federal entities, including chief State election officials
and representatives of multi-state information sharing and
analysis center.
(7) Any findings, conclusions, and recommendations to
strengthen protections for United States democratic
institutions that have been agreed to by a majority of
Commission members on the National Commission to Protect
United States Democratic Institutions, authorized pursuant to
section 302.
(c) Implementation Plan.--Not later than 90 days after the
issuance of the national strategy required under subsection
(a), the President, acting through the Secretary, in
coordination with the Chairman, shall issue an implementation
plan for Federal efforts to implement such strategy that
includes the following:
(1) Strategic objectives and corresponding tasks.
(2) Projected timelines and costs for the tasks referred to
in paragraph (1).
(3) Metrics to evaluate performance of such tasks.
(d) Classification.--The national strategy required under
subsection (a) shall be in unclassified form.
(e) Civil Rights Review.--Not later than 60 days after the
issuance of the national strategy required under subsection
(a), and not later than 60 days after the issuance of the
implementation plan required under subsection (c), the
Privacy and Civil Liberties Oversight Board (established
under section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee)) shall submit a
report to Congress on any potential privacy and civil
liberties impacts of such strategy and implementation plan,
respectively.
SEC. _302. NATIONAL COMMISSION TO PROTECT UNITED STATES
DEMOCRATIC INSTITUTIONS.
(a) Establishment.--There is established within the
legislative branch the National Commission to Protect United
States Democratic Institutions (hereafter in this section
referred to as the ``Commission'').
(b) Purpose.--The purpose of the Commission is to counter
efforts to undermine democratic institutions within the
United States.
(c) Composition.--
(1) Membership.--The Commission shall be composed of 10
members appointed for the life of the Commission as follows:
(A) One member shall be appointed by the Secretary.
(B) One member shall be appointed by the Chairman.
(C) Two members shall be appointed by the majority leader
of the Senate, in consultation with the Chairman of the
Committee on Homeland Security and Governmental Affairs, the
Chairman of the Committee on the Judiciary, and the Chairman
of the Committee on Rules and Administration.
(D) Two members shall be appointed by the minority leader
of the Senate, in consultation with the ranking minority
member of the Committee on Homeland Security and Governmental
Affairs, the ranking minority member of the Committee on the
Judiciary, and the ranking minority member of the Committee
on Rules and Administration.
(E) Two members shall be appointed by the Speaker of the
House of Representatives, in consultation with the Chairman
of the Committee on Homeland Security, the Chairman of the
Committee on House Administration, and the Chairman of the
Committee on the Judiciary.
(F) Two members shall be appointed by the minority leader
of the House of Representatives, in consultation with the
ranking minority member of the Committee on Homeland
Security, the ranking minority member of the Committee on the
Judiciary, and the ranking minority member of the Committee
on House Administration.
(2) Qualifications.--Individuals shall be selected for
appointment to the Commission solely on the basis of their
professional qualifications, achievements, public stature,
experience, and expertise in relevant fields, including, but
not limited to cybersecurity, national security, and the
Constitution of the United States.
(3) No compensation for service.--Members shall not receive
compensation for service on the Commission, but shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--All members of the
Commission shall be appointed no later than 60 days after the
date of the enactment of this Act.
(5) Vacancies.--A vacancy on the Commission shall not
affect its powers and shall be filled in the manner in which
the original appointment was made. The appointment of the
replacement member shall be made not later than 60 days after
the date on which the vacancy occurs.
(d) Chair and Vice Chair.--The Commission shall elect a
Chair and Vice Chair from among its members.
(e) Quorum and Meetings.--
(1) Quorum.--The Commission shall meet and begin the
operations of the Commission not later than 30 days after the
date on which all members have been appointed or, if such
meeting cannot be mutually agreed upon, on a date designated
by the Speaker of the House of Representatives and the
President pro Tempore of the Senate. Each subsequent meeting
shall occur upon the call of the Chair or a majority of its
members. A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold meetings.
(2) Authority of individuals to act for commission.--Any
member of the Commission may, if authorized by the
Commission, take any action that the Commission is authorized
to take under this section.
(f) Powers.--
(1) Hearings and evidence.--The Commission (or, on the
authority of the Commission, any subcommittee or member
thereof) may, for the purpose of carrying out this section,
hold hearings and sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths as the Commission considers advisable to carry out its
duties.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this section.
(g) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance provided under paragraph (1), the Department of
Homeland Security, the Election Assistance Commission, and
other appropriate departments and agencies of the United
States shall provide to the Commission such services, funds,
facilities, and staff as they may determine advisable and as
may be authorized by law.
(h) Public Meetings.--Any public meetings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
(i) Security Clearances.--
(1) In general.--The heads of appropriate departments and
agencies of the executive branch shall cooperate with the
Commission to expeditiously provide Commission members and
staff with appropriate security clearances to the extent
possible under applicable procedures and requirements.
(2) Preferences.--In appointing staff, obtaining detailees,
and entering into contracts for the provision of services for
the Commission, the Commission shall give preference to
individuals otherwise who have active security clearances.
(j) Reports.--
(1) Interim reports.--At any time prior to the submission
of the final report under paragraph (2), the Commission may
submit interim reports to the President and Congress such
findings, conclusions, and recommendations to strengthen
protections for democratic institutions in the United States
as have been agreed to by a majority of the members of the
Commission.
(2) Final report.--Not later than 18 months after the date
of the first meeting of the Commission, the Commission shall
submit to the President and Congress a final report
containing such findings, conclusions, and recommendations to
strengthen protections for democratic institutions in the
United States as have been agreed to by a majority of the
members of the Commission.
(k) Termination.--
(1) In general.--The Commission shall terminate upon the
expiration of the 60-day period which begins on the date on
which the Commission submits the final report required under
subsection (j)(2).
(2) Administrative activities prior to termination.--During
the 60-day period described in paragraph (2), the Commission
may carry out such administrative activities as may be
required to conclude its work, including providing testimony
to committees of Congress concerning the final report and
disseminating the final report.
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TITLE IV--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION
ADMINISTRATION
SEC. _401. 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 this paragraph, 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. _402. 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 redesignated by subsection (b), is amended by
striking the period at the end and inserting the following:
``, or, with respect to any requirements relating to
electronic poll books, on and after January 1, 2020.''.
SEC. _403. 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) 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 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. _404. 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 V--PREVENTING ELECTION HACKING
SEC. _501. SHORT TITLE.
This title may be cited as the ``Prevent Election Hacking
Act of 2019''.
SEC. _502. ELECTION SECURITY BUG BOUNTY PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish a
program to be known as the ``Election Security Bug Bounty
Program'' (hereafter in this subtitle referred to as the
``Program'') to improve the cybersecurity of the systems used
to administer elections for Federal office by facilitating
and encouraging assessments by independent technical experts,
in cooperation with State and local election officials and
election service providers, to identify and report election
cybersecurity vulnerabilities.
(b) Voluntary Participation by Election Officials and
Election Service Providers.--
(1) No requirement to participate in program.--
Participation in the Program shall be entirely voluntary for
State and local election officials and election service
providers.
(2) Encouraging participation and input from election
officials.--In developing the Program, the Secretary shall
solicit input from, and encourage participation by, State and
local election officials.
(c) Activities Funded.--In establishing and carrying out
the Program, the Secretary shall--
(1) establish a process for State and local election
officials and election service providers to voluntarily
participate in the Program;
(2) designate appropriate information systems to be
included in the Program;
(3) provide compensation to eligible individuals,
organizations, and companies for reports of previously
unidentified security vulnerabilities within the information
systems designated under subparagraph (A) and establish
criteria for individuals, organizations, and companies to be
considered eligible for such compensation in compliance with
Federal laws;
(4) consult with the Attorney General on how to ensure that
approved individuals, organizations, or companies that comply
with the requirements of the Program are protected from
prosecution under section 1030 of title 18, United States
Code, and similar provisions of law, and from liability under
civil actions for specific activities authorized under the
Program;
(5) consult with the Secretary of Defense and the heads of
other departments and agencies that have implemented programs
to provide compensation for reports of previously undisclosed
vulnerabilities in information systems, regarding lessons
that may be applied from such programs;
(6) develop an expeditious process by which an individual,
organization, or company can register with the Department,
submit to a background check as determined by the Department,
and receive a determination as to eligibility for
participation in the Program; and
(7) engage qualified interested persons, including
representatives of private entities, about the structure of
the Program and, to the extent practicable, establish a
recurring competition for independent technical experts to
assess election systems for the purpose of identifying and
reporting election cybersecurity vulnerabilities;
(d) Use of Service Providers.--The Secretary may award
competitive contracts as necessary to manage the Program.
SEC. _503. DEFINITIONS.
In this title, the following definitions apply:
(1) The terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(2) The term ``election cybersecurity vulnerability'' means
any security vulnerability (as defined in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501)) that affects an election system.
(3) The term ``election service provider'' means any person
providing, supporting, or maintaining an election system on
behalf of a State or local election official, such as a
contractor or vendor.
(4) The term ``election system'' means any information
system (as defined in section 3502 of title 44, United States
Code) which is part of an election infrastructure.
[[Page S3389]]
(5) The term ``Secretary'' means the Secretary of Homeland
Security, or, upon designation by the Secretary of Homeland
Security, the Deputy Secretary of Homeland Security, the
Director of Cybersecurity and Infrastructure Security of the
Department of Homeland Security, or a Senate-confirmed
official that reports to the Director.
(6) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of Northern Mariana
Islands, and the United States Virgin Islands.
(7) The term ``voting system'' has the meaning given such
term in section 301(b) of the Help America Vote Act of 2002
(52 U.S.C. 21081(b)).
TITLE VI--ELECTION SECURITY GRANTS ADVISORY COMMITTEE
SEC. _601. ESTABLISHMENT OF ADVISORY COMMITTEE.
(a) In General.--Subtitle A of title II of the Help America
Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by
adding at the end the following:
``PART 4--ELECTION SECURITY GRANTS ADVISORY COMMITTEE
``SEC. 225. ELECTION SECURITY GRANTS ADVISORY COMMITTEE.
``(a) Establishment.--There is hereby established an
advisory committee (hereinafter in this part referred to as
the `Committee') to assist the Commission with respect to the
award of grants to States under this Act for the purpose of
election security.
``(b) Duties.--
``(1) In general.--The Committee shall, with respect to an
application for a grant received by the Commission--
``(A) review such application; and
``(B) recommend to the Commission whether to award the
grant to the applicant.
``(2) Considerations.--In reviewing an application pursuant
to paragraph (1)(A), the Committee shall consider--
``(A) the record of the applicant with respect to--
``(i) compliance of the applicant with the requirements
under subtitle A of title III; and
``(ii) adoption of voluntary guidelines issued by the
Commission under subtitle B of title III; and
``(B) the goals and requirements of election security as
described in title III of the For the People Act of 2019.
``(c) Membership.--The Committee shall be composed of 15
individuals appointed by the Executive Director of the
Commission with experience and expertise in election
security.
``(d) No Compensation for Service.--Members of the
Committee shall not receive any compensation for their
service, but shall be paid travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Committee.''.
(b) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of enactment of this
Act.
TITLE VII--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES
SEC. _701. 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 section _104 and section
_105, is amended by adding at the end the following new
paragraph:
``(9) 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 VIII--MISCELLANEOUS PROVISIONS
SEC. _801. DEFINITIONS.
Except as provided in section 503, in this division, the
following definitions apply:
(1) The term ``Chairman'' means the chair of the Election
Assistance Commission.
(2) The term ``appropriate congressional committees'' means
the Committees on Homeland Security and House Administration
of the House of Representatives and the Committees on
Homeland Security and Governmental Affairs and Rules and
Administration of the Senate.
(3) The term ``chief State election official'' means, with
respect to a State, 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.
(4) The term ``Commission'' means the Election Assistance
Commission.
(5) The term ``democratic institutions'' means the diverse
range of institutions that are essential to ensuring an
independent judiciary, free and fair elections, and rule of
law.
(6) 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.
(7) 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 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.
(8) The term ``Secretary'' means the Secretary of Homeland
Security.
(9) The term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
SEC. _802. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE
FOR IMPLEMENTATION.
Not later than 120 days after enactment of this Act, the
Chairman and the Secretary shall submit a report to the
appropriate committees of Congress, including the Committees
on Homeland Security and House Administration of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, analyzing the adequacy of
the funding, resources, and personnel available to carry out
this division and the amendments made by this division.
TITLE IX--SEVERABILITY
SEC. _901. SEVERABILITY.
If any provision of this division or amendment made by this
division, or the application of a provision or amendment to
any person or circumstance, is held to be unconstitutional,
the remainder of this division and amendments made by this
division, and the application of the provisions and amendment
to any person or circumstance, shall not be affected by the
holding.
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