[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3417-S3425]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1945. Ms. KLOBUCHAR submitted an amendment intended to be proposed
by her to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department
[[Page S3418]]
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 _--SAFE ACT PROVISIONS
SEC. 100. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Securing America's Federal Elections Act'' or the ``SAFE
Act''.
(b) Table of Contents.--The table of contents of this
division is as follows:
DIVISION _--SAFE ACT PROVISIONS
Sec. 100. Short title; table of contents.
TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE
Subtitle A--Voting System Security Improvement Grants
PART 1--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot
Sec. 101. Short title.
Sec. 102. Paper ballot and manual counting requirements.
Sec. 103. Accessibility and ballot verification for individuals with
disabilities.
Sec. 104. Durability and readability requirements for ballots.
Sec. 105. Paper ballot printing requirements.
Sec. 106. Updated study and report on optimal ballot design.
Sec. 107. Effective date for new requirements.
PART 2--Grants To Carry Out Improvements
Sec. 111. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
Sec. 112. Grants for accessible ballot marking devices.
Sec. 113. Grants for ballot design and printing.
Sec. 114. Coordination of voting system security activities with use of
requirements payments and election administration
requirements under Help America Vote Act of 2002.
Sec. 115. Incorporation of definitions.
Subtitle B--Risk-Limiting Audits
Sec. 121. Risk-limiting audits.
Sec. 122. Funding for conducting post-election risk-limiting audits.
Sec. 123. GAO analysis of effects of audits.
TITLE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION
ADMINISTRATION
Sec. 201. Cybersecurity requirements for and testing and certification
of voting systems.
Sec. 202. Voting system cybersecurity requirements.
Sec. 203. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other guidelines.
Sec. 204. Requiring use of software and hardware for which information
is disclosed by manufacturer.
Sec. 205. Treatment of electronic poll books as part of voting systems.
Sec. 206. Pre-election reports on voting system usage.
Sec. 207. Streamlining collection of election information.
TITLE III--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES
Sec. 301. Use of voting machines manufactured in the United States.
TITLE IV--SEVERABILITY
Sec. 401. Severability.
TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE
Subtitle A--Voting System Security Improvement Grants
PART 1--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIABLE PERMANENT PAPER BALLOT
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and
Increased Accessibility Act of 2020''.
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-verifiable paper ballots.--
``(i) Paper ballot requirement.--
``(I) In general.--The voting system shall require the use
of an individual, durable, voter-verifiable paper ballot of
the voter's vote selections that shall be marked and made
available for inspection and verification by the voter before
the voter's ballot is cast and counted. For purposes of this
subclause, the term `individual, durable, voter-verifiable
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, so long as the voter
shall have the option to mark his or her ballot by hand.
``(II) Requirements for ballot marking devices.--Except as
required to meet the accessibility requirements under
paragraph (3), in the case of a ballot marking device--
``(aa) the printed or marked paper ballot shall be
presented to the voter for physical inspection and
verification before the ballot is counted and preserved in
accordance with clause (ii);
``(bb) the paper ballot shall be printed or marked in such
a way that vote selections, including all vote selections
scanned by ballot tabulation devices, can be inspected and
verified by the voter without training or instruction or
audited by election officials without the aid of any machine
or other equipment; and
``(cc) the ballot marking device shall be designed and
built in a manner in which it is mechanically impossible for
the device to add or change the vote selections on a printed
or marked ballot at any time after the ballot has been
presented to the voter for inspection and verification under
item (aa).
``(III) Confidentiality.--The voting system shall not
preserve or mark the individual, durable, voter-verifiable
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 selections without the
voter's consent.
``(ii) Preservation as official record.--The individual,
durable, voter-verifiable 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.--
``(I) Each paper ballot used pursuant to clause (i) shall
be counted by hand in any recount 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-verifiable paper ballots used pursuant to
clause (i), and subject to subparagraph (B), the individual,
durable, voter-verifiable 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-verifiable 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 and Federal law, except that the electronic tally shall
not be used as the exclusive basis for determining the
official certified result.
``(ii) Rule for consideration of ballots associated with
each voting machine.--For purposes of clause (i), only the
paper ballots deemed compromised, if any, shall be considered
in the calculation of whether or not the result of the
election could be changed due to the compromised paper
ballots.''.
(b) Conforming Amendment Clarifying Applicability of
Alternative Language Accessibility.--Section 301(a)(4) of
such Act (52 U.S.C. 21081(a)(4)) is amended by inserting
``(including the paper ballots required to be used under
paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such
Act (52 U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 103. ACCESSIBILITY AND BALLOT VERIFICATION FOR
INDIVIDUALS WITH DISABILITIES.
(a) In General.--Section 301(a)(3)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to
read as follows:
``(B)(i) ensure that individuals with disabilities and
others are given an equivalent opportunity to vote, including
with privacy and independence, in a manner that produces a
voter-verifiable paper ballot as for other voters;
``(ii) satisfy the requirement of subparagraph (A) through
the use of as many ballot
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marking devices at each polling place as necessary (but not
less than 1) to reasonably accommodate the number of voters
with accessibility needs expected to vote at the polling
place) that--
``(I) is 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;
``(II) in the case of any election for Federal office
occurring after the date that is 6 years after the date of
the enactment of the Securing America's Federal Elections
Act--
``(aa) marks ballots that are identical in size, ink, and
paper stock to those ballots that would either be marked by
hand or be marked by a ballot marking device made generally
available to voters; and
``(bb) combines ballots produced by any ballot marking
devices reserved for individuals with disabilities with
ballots that have either been marked by voters by hand or
marked by ballot marking devices made generally available to
voters, in a way that prevents identification of the ballots
that were cast using any ballot marking device that was
reserved for individuals with disabilities; and
``(III) is made available for use by any voter who requests
to use it; and
``(iii) in the case of any election for Federal office
occurring after the date that is 6 years after the date of
the enactment of the Securing America's Federal Elections
Act, 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 accuracy of 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 tabulation or auditing; and
``(II) allows the voter to privately and independently
verify and cast the permanent paper ballot without requiring
the voter to manually handle the paper ballot; and''.
(b) Clarification With Respect to Application of
Requirement to Ballots Marked at Home.--Section 301(a)(3) of
such Act (52 U.S.C. 21081(a)(3)) is amended by adding at the
end the following new flush sentence:
``Nothing in subparagraph (B) shall be construed to prohibit
the use of an accessible ballot that may be printed or marked
by the voter at home.''.
(c) Requirement for Poll Workers To Inform Votes of
Accessible Voting Systems.--
(1) In general.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 301 the following new section:
``SEC. 301A. INFORMATION ON ACCESSIBLE VOTING SYSTEMS.
``(a) In General.--Every individual who votes in person in
an election for Federal office shall be informed by the
individual administering such election of--
``(1) the availability of accessible voting systems under
section 301(a)(3)(B); and
``(2) the right of the individual to use such voting
systems upon request.
``(b) Effective Date.--The requirements of this section
shall apply to elections for Federal office held in 2021 or
any succeeding year.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section
301 the following new item:
``Sec. 301A. Information on accessible voting systems.''.
(3) 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''.
(d) Specific Requirement of Study, Testing, and Development
of Accessible Paper Ballot Verification Mechanisms.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248; and
(B) by inserting after section 246 the following new
section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT
VERIFICATION MECHANISMS.
``(a) Study and Report.--The Director of the National
Science Foundation shall make grants to not fewer than three
eligible entities to study, test, and develop accessible
paper ballot voting, verification, and casting mechanisms and
devices and best practices to enhance the accessibility of
paper ballot voting and verification mechanisms for
individuals with disabilities, for voters whose primary
language is not English, and for voters with difficulties in
literacy, including best practices for the mechanisms
themselves and the processes through which the mechanisms are
used.
``(b) Eligibility.--An entity is eligible to receive a
grant under this part if it submits to the Director (at such
time and in such form as the Director may require) an
application containing--
``(1) certifications that the entity shall specifically
investigate enhanced methods or devices, including non-
electronic devices, that will assist such individuals and
voters in marking voter-verifiable 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, 2021; and
``(3) such other information and certifications as the
Director may require.
``(c) Availability of Technology.--Any technology developed
with the grants made under this section shall be treated as
non-proprietary and shall be made available to the public,
including to manufacturers of voting systems.
``(d) Coordination With Grants for Technology
Improvements.--The Director shall carry out this section so
that the activities carried out with the grants made under
subsection (a) are coordinated with the research conducted
under the grant program carried out by the Commission under
section 271, to the extent that the Director and Commission
determine necessary to provide for the advancement of
accessible voting technology.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (a) $5,000,000, to
remain available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section 247 as
relating to section 248; and
(B) by inserting after the item relating to section 246 the
following new item:
``Sec. 247. Study and report on accessible paper ballot verification
mechanisms.''.
(e) 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.
(f) 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-verifiable 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-verifiable 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 a ballot tabulation 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.--
``(A) In general.--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) Exception.--If a State or jurisdiction that certifies
to the Commission that some or all of the ballot marking
devices or ballot tabulation devices used in the State or
jurisdiction in Federal elections cannot process or retain
ballots printed on recycled paper, subparagraph (A) shall be
applied to such State or jurisdiction without regard to
whether the ballot is printed on recycled paper for any
election for Federal office during the period beginning on
the date that is 60 days after such certification is made and
ending on the first date on which the State or jurisdiction
replaces such ballot marking devices or ballot tabulation
devices.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections occurring on or after
January 1, 2022.
SEC. 106. UPDATED STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.
(a) Study.--The Election Assistance Commission shall update
any studies conducted on ballot designs under section 241 of
the Help America Vote Act of 2002 (52 U.S.C. 20981). The
updated study shall include--
(1) designs for paper ballots and electronic or digital
ballots, including designs for user interfaces the primary
purpose of which is to assist in the casting of electronic or
digital ballots; and
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(2) designs to minimize confusion and user errors.
(b) Report.--Not later than January 1, 2021, the Commission
shall submit the report required to be submitted under
section 241(c) of the Help America Vote Act of 2002 (52
U.S.C. 20981(c)) on the study conducted under subsection (a).
SEC. 107. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52
U.S.C. 21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1,
2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in section 105(b) of
the Securing America's Federal Elections Act, clauses
(ii)(II) and (iii) of subsection (a)(3)(B), 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 such Act shall apply with respect to
voting systems used for any election for Federal office held
in 2021 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 `2021' were a reference to `2022', but only with respect
to the following requirements of this section:
``(I) Paragraph (2)(A)(i)(I) or (II) of subsection (a)
(relating to the use of voter-verifiable paper ballots).
``(II) 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 paper
records of the vote selections verifiable by voters but that
are not in compliance with paragraphs (2)(A)(i)(I),
(2)(A)(i)(II), and (7) of subsection (a) (as amended or added
by the Securing America's Federal Elections Act), 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 paper ballot which the individual may mark
by hand. 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 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 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).''.
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
Securing America's Federal Elections Act with a voting system
which does meet such requirements, for use in elections for
Federal office held in 2021; 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 elections for
Federal office held in 2021 with another system which does
meet such requirements and is in compliance with such
guidelines; and
``(2) to carry out voting system security improvements
described in section 297A with respect to elections for
Federal office held in 2021 and each succeeding year.
``(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
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deems to be part of the State's election infrastructure or
designates as critical to the operation of the State's
election infrastructure.
``(6) Enhancing the cybersecurity and operations of the
information technology infrastructure described in paragraph
(4).
``(7) Enhancing the cybersecurity of voter registration
systems.
``(b) Qualified Election Infrastructure Vendors
Described.--
``(1) In general.--For purposes of this part, a `qualified
election infrastructure vendor' is any person who provides,
supports, or maintains, or who seeks to provide, support, or
maintain, election infrastructure on behalf of a State, unit
of local government, or election agency, who meets the
criteria described in paragraph (2).
``(2) Criteria.--The criteria described in this paragraph
are such criteria as the Chairman, in coordination with the
Secretary of Homeland Security, shall establish and publish,
and shall include each of the following requirements:
``(A) The vendor must be owned and controlled by a citizen
or permanent resident of the United States.
``(B) The vendor must disclose to the Chairman and the
Secretary, and to the chief State election official of any
State to which the vendor provides any goods and services
with funds provided under this part, of any sourcing outside
the United States for parts of the election infrastructure.
``(C) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with the cybersecurity best practices
issued by the Technical Guidelines Development Committee.
``(D) The vendor agrees to maintain its information
technology infrastructure in a manner that is consistent with
the cybersecurity best practices issued by the Technical
Guidelines Development Committee.
``(E) The vendor agrees to meet the requirements of
paragraph (3) with respect to any known or suspected
cybersecurity incidents involving any of the goods and
services provided by the vendor pursuant to a grant under
this part.
``(F) The vendor agrees to permit independent security
testing by the Commission (in accordance with section 231(a))
and by the Secretary of the goods and services provided by
the vendor pursuant to a grant under this part.
``(3) Cybersecurity incident reporting requirements.--
``(A) In general.--A vendor meets the requirements of this
paragraph if, upon becoming aware of the possibility that an
election cybersecurity incident has occurred involving any of
the goods and services provided by the vendor pursuant to a
grant under this part--
``(i) the vendor promptly assesses whether or not such an
incident occurred, and submits a notification meeting the
requirements of subparagraph (B) to the Secretary and the
Chairman of the assessment as soon as practicable (but in no
case later than 3 days after the vendor first becomes aware
of the possibility that the incident occurred);
``(ii) if the incident involves goods or services provided
to an election agency, the vendor submits a notification
meeting the requirements of subparagraph (B) to the agency as
soon as practicable (but in no case later than 3 days after
the vendor first becomes aware of the possibility that the
incident occurred), and cooperates with the agency in
providing any other necessary notifications relating to the
incident; and
``(iii) the vendor provides all necessary updates to any
notification submitted under clause (i) or clause (ii).
``(B) Contents of notifications.--Each notification
submitted under clause (i) or clause (ii) of subparagraph (A)
shall contain the following information with respect to any
election cybersecurity incident covered by the notification:
``(i) The date, time, and time zone when the election
cybersecurity incident began, if known.
``(ii) The date, time, and time zone when the election
cybersecurity incident was detected.
``(iii) The date, time, and duration of the election
cybersecurity incident.
``(iv) The circumstances of the election cybersecurity
incident, including the specific election infrastructure
systems believed to have been accessed and information
acquired, if any.
``(v) Any planned and implemented technical measures to
respond to and recover from the incident.
``(vi) In the case of any notification which is an update
to a prior notification, any additional material information
relating to the incident, including technical data, as it
becomes available.
``SEC. 297B. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if
the State submits to the Commission, at such time and in such
form as the Commission may require, an application
containing--
``(1) a description of how the State will use the grant to
carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5
years after receiving the grant, the State will carry out
voting system security improvements, as described in section
297A; and
``(3) such other information and assurances as the
Commission may require.
``SEC. 297C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year,
the Commission shall submit a report to the appropriate
congressional committees, including the Committees on
Homeland Security, House Administration, and the Judiciary of
the House of Representatives and the Committees on Homeland
Security and Governmental Affairs, the Judiciary, and Rules
and Administration of the Senate, on the activities carried
out with the funds provided under this part.
``SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be
appropriated for grants under this part--
``(1) $600,000,000 for fiscal year 2021; and
``(2) $175,000,000 for each of the fiscal years 2022, 2024,
2026, and 2028.
``(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. GRANTS FOR ACCESSIBLE BALLOT MARKING DEVICES.
(a) In General.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 111(a), is amended by adding at the end the following
new part:
``PART 8--FUNDING FOR ACCESSIBLE BALLOT MARKING DEVICES
``SEC. 298. ACQUISITION OF ACCESSIBLE BALLOT MARKING DEVICES
FOR VOTERS WITH DISABILITIES.
``(a) In General.--The Commission shall pay to States the
amount of eligible accessible ballot marking device costs.
``(b) Eligible Accessible Ballot Marking Device Costs.--
``(1) In general.--For purposes of this section, the term
`eligible accessible ballot marking device costs' means costs
paid or incurred by a State or local government to acquire an
accessible ballot marking device.
``(2) Accessible ballot marking device defined.--For
purposes of this section, the term `accessible ballot marking
device' means a ballot marking device that is used by the
State or local government exclusively to comply with the
requirements of section 301(a)(3) (as applied to elections
for Federal office occurring after the date that is 6 years
after the date of the enactment of the Securing America's
Federal Elections Act).
``(c) Payments.--
``(1) Limitations.--
``(A) In general.--Except as provided in subparagraph (B),
the Commission shall not pay eligible accessible ballot
marking device costs with respect to more than 1 accessible
ballot marking device in any precinct.
``(B) Exception.--The Commission may pay for more than 1
accessible ballot marking device in any precinct if the State
demonstrates the need for more accessible ballot marking
devices in such precinct due to the number of voters with
disabilities voting in such precinct compared to other
precincts.
``(2) Rules and procedures.--The Commission shall establish
rules and procedures for submission of eligible accessible
ballot marking device costs for payments under this section.
``(3) Insufficient funds.--In any case in which the amounts
appropriated under subsection (d) are insufficient to pay all
eligible accessible ballot marking device costs submitted by
States with respect to any Federal election, the amount of
such costs paid under subsection (a) to any State shall be
equal to the amount that bears the same ratio to the amount
which would be paid to such State (determined without regard
to this paragraph) as--
``(A) the number of individuals who voted in such Federal
election in such State; bears to
``(B) the total number of individuals who voted in such
Federal election in all States submitting a claim for
eligible accessible ballot marking device costs.
``(d) Authorization of Appropriations.--
``(1) In general.--There is hereby authorized to be
appropriated to the Commission to carry out this section
$250,000,000 for fiscal years 2021 through 2027.
``(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available without fiscal year
limitation until expended.''.
(b) Clerical Amendment.--The table of contents for the Help
America Vote Act of 2002 (52 U.S.C. 30101 et seq.), as
amended by section 111(b), is amended by adding at the end of
the items relating to subtitle D of title II the following:
[[Page S3422]]
``Part 8--Funding for Accessible Ballot Marking Devices
``Sec. 298. Acquisition of accessible ballot marking devices for voters
with disabilities.''.
SEC. 113. GRANTS FOR BALLOT DESIGN AND PRINTING.
(a) In General.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
sections 111(a) and 112(a), is amended by adding at the end
the following new part:
``PART 9--FUNDING FOR BALLOT DESIGN AND PRINTING
``SEC. 299. PAYMENTS FOR BALLOT DESIGN AND PRINTING.
``(a) In General.--The Commission shall pay to States the
amount of eligible ballot design and printing costs.
``(b) Eligible Design and Printing Costs.--For purposes of
this section, the term `eligible ballot design and printing
costs' means, with respect to any State, costs paid or
incurred by the State or any local government within the
State for the design and printing of any ballot that--
``(1) is used in an election for Federal office occurring
after the date of the enactment of this part; and
``(2) meets such minimum standards for usability and
accessibility as established by the Commission, in
consultation with the Director of the National Institute of
Standards and Technology, for purposes of this section.
``(c) Special Rules.--
``(1) Rules and procedures.--The Commission shall establish
rules and procedures for submission of eligible ballot design
and printing costs for payments under this section.
``(2) Insufficient funds.--In any case in which the amounts
appropriated under subsection (d) are insufficient to pay all
eligible ballot design and printing costs submitted by States
with respect to any Federal election, the amount of such
costs paid under subsection (a) to any State shall be equal
to the amount that bears the same ratio to the amount which
would be paid to such State (determined without regard to
this paragraph) as--
``(A) the number of individuals who voted in such Federal
election in such State; bears to
``(B) the total number of individuals who voted in such
Federal election in all States submitting a claim for
eligible ballot design and printing costs.
``(d) Authorization of Appropriations.--
``(1) In general.--There is hereby authorized to be
appropriated to the Commission such sums as are necessary to
carry out this part.
``(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available without fiscal year
limitation until expended.''.
(b) Clerical Amendment.--The table of contents for the Help
America Vote Act of 2002 (52 U.S.C. 30101 et seq.), as
amended by sections 111(b) and 112(b), is amended by adding
at the end of the items relating to subtitle D of title II
the following:
``Part 9--Funding for Ballot Design and Printing
``Sec. 299. Payments for ballot design and printing.''.
SEC. 114. 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. 115. INCORPORATION OF DEFINITIONS.
(a) In General.--Section 901 of the Help America Vote Act
of 2002 (52 U.S.C. 21141) is amended to read as follows:
``SEC. 901. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) The term `cybersecurity incident' has the meaning
given the term `incident' in section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 659).
``(2) The term `election agency' means any component of a
State, or any component of a unit of local government in a
State, which is responsible for the administration of
elections for Federal office in the State.
``(3) The term `election infrastructure' means storage
facilities, polling places, and centralized vote tabulation
locations used to support the administration of elections for
public office, as well as related information and
communications technology (including the technology used by
or on behalf of election officials to produce and distribute
voter guides to elections), including voter registration
databases, voting machines, electronic mail and other
communications systems (including electronic mail and other
systems of vendors who have entered into contracts with
election agencies to support the administration of elections,
manage the election process, and report and display election
results), and other systems used to manage the election
process and to report and display election results on behalf
of an election agency.
``(4) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by amending the item relating to section 901 to
read as follows:
``Sec. 901. Definitions.''.
Subtitle B--Risk-Limiting Audits
SEC. 121. RISK-LIMITING AUDITS.
(a) In General.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. RISK-LIMITING AUDITS.
``(a) Definitions.--In this section:
``(1) Risk-limiting audit.--The term `risk-limiting audit'
means, with respect to any election contest, a post-election
process that--
``(A) has a probability of at least 95 percent of
correcting the reported outcome if the reported outcome is
not the correct outcome;
``(B) will not change the outcome if the reported outcome
is the correct outcome; and
``(C) involves a manual adjudication of voter intent from
some or all of the ballots validly cast in the election
contest.
``(2) Reported outcome; correct outcome; outcome.--
``(A) Reported outcome.--The term `reported outcome' means
the outcome of an election contest which is determined
according to the canvass and which will become the official,
certified outcome unless it is revised by an audit, recount,
or other legal process.
``(B) Correct outcome.--The term `correct outcome' means
the outcome that would be determined by a manual adjudication
of
[[Page S3423]]
voter intent for all votes validly cast in the election
contest.
``(C) Outcome.--The term `outcome' means the winner or set
of winners of an election contest.
``(3) Manual adjudication of voter intent.--The term
`manual adjudication of voter intent' means direct inspection
and determination by humans, without assistance from
electronic or mechanical tabulation devices, of the ballot
choices marked by voters on each voter-verifiable paper
record.
``(4) Ballot manifest.--The term `ballot manifest' means a
record maintained by each jurisdiction that--
``(A) is created without reliance on any part of the voting
system used to tabulate votes;
``(B) functions as a sampling frame for conducting a risk-
limiting audit; and
``(C) accounts for all ballots validly cast regardless of
how they were tabulated and includes a precise description of
the manner in which the ballots are physically stored,
including the total number of physical groups of ballots, the
numbering system for each group, a unique label for each
group, and the number of ballots in each such group.
``(b) Requirements.--
``(1) In general.--
``(A) Audits.--
``(i) In general.--Each State and jurisdiction shall
administer risk-limiting audits of the results of all
election contests for Federal office held in the State in
accordance with the requirements of paragraph (2).
``(ii) Exception.--Clause (i) shall not apply to any
election contest for which the State or jurisdiction conducts
a full recount through a manual adjudication of voter intent.
``(B) Full manual tabulation.--If a risk-limiting audit
conducted under subparagraph (A) corrects the reported
outcome of an election contest, the State or jurisdiction
shall use the results of the manual adjudication of voter
intent conducted as part of the risk-limiting audit as the
official results of the election contest.
``(2) Audit requirements.--
``(A) Rules and procedures.--
``(i) In general.--Not later than 1 year after the date of
the enactment of this section, the chief State election
official of the State shall establish rules and procedures
for conducting risk-limiting audits.
``(ii) Matters included.--The rules and procedures
established under clause (i) shall include the following:
``(I) Rules and procedures for ensuring the security of
ballots and documenting that prescribed procedures were
followed.
``(II) Rules and procedures for ensuring the accuracy of
ballot manifests produced by jurisdictions.
``(III) Rules and procedures for governing the format of
ballot manifests and other data involved in risk-limiting
audits.
``(IV) Methods to ensure that any cast vote records used in
a risk-limiting audit are those used by the voting system to
tally the results of the election contest sent to the chief
State election official of the State and made public.
``(V) Rules and procedures for the random selection of
ballots to be inspected manually during each audit.
``(VI) Rules and procedures for the calculations and other
methods to be used in the audit and to determine whether and
when the audit of each election contest is complete.
``(VII) Rules and procedures for testing any software used
to conduct risk-limiting audits.
``(B) Public report.--
``(i) In general.--After the completion of the risk-
limiting audit and at least 5 days before the election
contest is certified by the State, the State shall make
public and submit to the Commission a report on the results
of the audit, together with such information as necessary to
confirm that the audit was conducted properly.
``(ii) Format of data.--All data published with the report
under clause (i) shall be published in machine-readable, open
data formats.
``(iii) Protection of anonymity of votes.--Information and
data published by the State under this subparagraph shall not
compromise the anonymity of votes.
``(iv) Report made available by commission.--After
receiving any report submitted under clause (i), the
Commission shall make such report available on its website.
``(c) Effective Date.--
``(1) In general.--Each State and jurisdiction shall be
required to comply with the requirements of this section for
the first regularly scheduled election for Federal office
held more than 1 year after the date of the enactment of the
Securing America's Federal Elections Act and for each
subsequent election for Federal office.
``(2) Waiver.--If a State or jurisdiction certifies to
Commission not later than 1 year after the date of the
enactment of the Securing America's Federal Elections Act
that the State or jurisdiction will not meet the deadline
described in paragraph (1) for good cause and includes in the
certification a reason for the inability to meet such
deadline, paragraph (1) shall be applied by as if the
reference in such paragraph to `1 year' were a reference to
`3 years'.''.
(b) Clerical Amendment.--The table of contents for such Act
is amended by inserting after the item relating to section
303 the following new item:
``Sec. 303A. Risk-limiting audits.''.
SEC. 122. FUNDING FOR CONDUCTING POST-ELECTION RISK-LIMITING
AUDITS.
(a) Payments to States.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as
amended by sections 111(a), 112(a), and 113(a), is amended by
adding at the end the following new part:
``PART 10--FUNDING FOR POST-ELECTION RISK-LIMITING AUDITS
``SEC. 299A. PAYMENTS FOR POST-ELECTION RISK-LIMITING AUDITS.
``(a) In General.--The Commission shall pay to States the
amount of eligible post-election audit costs.
``(b) Eligible Post-Election Audit Costs.--For purposes of
this section, the term `eligible post-election audit costs'
means, with respect to any State, costs paid or incurred by
the State or local government within the State for--
``(1) the conduct of any risk-limiting audit (as defined in
section 303A) with respect to an election for Federal office
occurring after the date of the enactment of this part; and
``(2) any equipment, software, personnel, or services
necessary for the conduct of any such risk-limiting audit.
``(c) Special Rules.--
``(1) Rules and procedures.--The Commission shall establish
rules and procedures for submission of eligible post-election
audit costs for payments under this section.
``(2) Insufficient funds.--In any case in which the amounts
appropriated under subsection (d) are insufficient to pay all
eligible post-election audit costs submitted by States with
respect to any Federal election, the amount of such costs
paid under subsection (a) to any State shall be equal to the
amount that bears the same ratio to the amount which would be
paid to such State (determined without regard to this
paragraph) as--
``(A) the number of individuals who voted in such Federal
election in such State; bears to
``(B) the total number of individuals who voted in such
Federal election in all States submitting a claim for
eligible post-election audit costs.
``(d) Authorization of Appropriations.--
``(1) In general.--There is hereby authorized to be
appropriated to the Commission such sums as are necessary to
carry out this part.
``(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available without fiscal year
limitation until expended.''.
(b) Clerical Amendment.--The table of contents of such Act,
as amended by sections 111(b), 112(b), and 113(b), is further
amended by adding at the end of the items relating to
subtitle D of title II the following:
``Part 10--Funding for Post-Election Risk-Limiting Audits
``Sec. 299A. Payments for post-election risk-limiting audits.''.
SEC. 123. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 6 months after the first
elections for Federal office is held for which States must
conduct risk-limiting audits under section 303A of the Help
America Vote Act of 2002 (as added by section 121), the
Comptroller General of the United States shall conduct an
analysis of the extent to which such audits have improved the
administration of such elections and the security of election
infrastructure in the States receiving such grants.
(b) Report.--The Comptroller General of the United States
shall submit a report on the analysis conducted under
subsection (a) to the Committee on House Administration of
the House of Representatives and the Committee on Rules and
Administration of the Senate.
TITLE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION
ADMINISTRATION
SEC. 201. CYBERSECURITY REQUIREMENTS FOR AND TESTING AND
CERTIFICATION OF VOTING SYSTEMS.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following:
``SEC. 2215. MANDATORY CYBERSECURITY REQUIREMENTS FOR SYSTEMS
USED IN FEDERAL ELECTIONS.
``Not later than 180 days after the date of enactment of
Securing America's Federal Elections Act, the Secretary,
acting through the Director and in consultation with the
Director of the National Institute of Standards and
Technology and the Technical Guidelines Development Committee
established under section 221 of the Help America Vote Act of
2002 (52 U.S.C. 20961), shall establish mandatory
cybersecurity standards for the use in Federal elections of
the following:
``(1) Ballot tabulation devices (within the meaning of
section 301(a)(9) of the Help America Vote Act of 2002).
``(2) Ballot marking devices (within the meaning of section
301(a)(12) of such Act).
``(3) Election management systems, including those systems
used--
``(A) to configure ballot tabulation devices and ballot
marking devices;
``(B) to aggregate election results; and
``(C) to design paper ballots.
``(4) Electronic poll books;
``(5) Any government database, website, or associated
information system used by voters or government agencies for
voter registration (including the management of voter
registration status).
``(6) Systems used to deliver or publish election results.
[[Page S3424]]
``(7) Such other components of voting systems (as defined
in section 301(b) of such Act) as is determined appropriate
by the Director.
``SEC. 2216. TESTING AND CERTIFICATION OF BALLOT MARKING AND
BALLOT TABULATION DEVICE CYBERSECURITY.
``(a) In General.--Any State or jurisdiction which intends
to use a ballot marking device or a ballot tabulation device
in an election for Federal office may submit an application
to the Director for cybersecurity testing and certification
of the hardware and software of such device under this
section.
``(b) Application, Assignment, and Testing.--
``(1) Assignment.--
``(A) In general.--Upon receipt of an application for
testing under this section, the Director, in consultation
with the Director of the National Institute of Standards and
Technology, shall contract with a qualified laboratory for
the testing of whether--
``(i) in the case of a ballot tabulation device intended to
be used by the State or jurisdiction, the device meets the
requirements of section 301(a)(9)(B) of the Help America Vote
Act of 2002; and
``(ii) in the case of a ballot marking device intended to
be used by the State or jurisdiction, the device meets the
requirements of section 301(a)(12)(A) of such Act.
``(B) Optional testing of state requirements.--In the case
of a ballot marking device or ballot tabulation device for
which the source code has been published under an open source
license, the contract under subparagraph (A) shall also
include, at the request of any State or jurisdiction, testing
of whether such device meets any applicable requirements of
the State or jurisdiction.
``(2) Requirements for testing.--Any contract described in
paragraph (1) shall require the qualified research laboratory
to--
``(A) not later than 30 days before testing begins, submit
to the Director for approval the protocol for the simulated
election scenario used for testing the security of the ballot
marking device or ballot tabulation device, as the case may
be;
``(B) use only protocols approved by the Director in
conducting such security testing; and
``(C) submit to the Director a report on the results of the
security testing.
``(3) Qualified research laboratory.--For purposes of this
section, the term `qualified research laboratory' means a
laboratory accredited under this subsection by the Director,
in consultation with the Director of the National Institute
of Standards and Technology.
``(c) Reporting and Certification.--The Director shall--
``(1) publish on the website of the Cybersecurity and
Infrastructure Security Agency the results of the testing
conducted under subsection (b); and
``(2) certify--
``(A) a ballot tabulation device if the ballot tabulation
device is determined by the qualified research laboratory to
meet the requirements of section 301(a)(9)(B) of the Help
America Vote Act of 2002; and
``(B) a ballot marking device if the ballot marking device
is determined by the qualified research laboratory to meet
the requirements of section 301(a)(12)(A) of such Act.
``(d) Prohibition on Fees.--The Director may not charge any
fee to a State or jurisdiction, a developer or manufacturer
of a ballot marking device or ballot tabulation device, or
any other person in connection with testing and certification
under this section (including any testing conducted under
subsection (b)(1)(B)).''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 2214 the following:
``Sec. 2215. Mandatory cybersecurity requirements for systems used in
Federal elections.
``Sec. 2216. Testing and certification of ballot marking and ballot
tabulation device cybersecurity.''.
SEC. 202. VOTING SYSTEM CYBERSECURITY REQUIREMENTS.
(a) Ballot Tabulation Devices.--Section 301(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by
section 104 and section 105, is further amended by adding at
the end the following new paragraph:
``(9) Ballot tabulation methods.--
``(A) In general.--The voting system tabulates ballots by
hand or through the use of a ballot tabulation device that
meets the requirements of subparagraph (B).
``(B) Requirements for ballot tabulation devices.--Except
as provided in subparagraph (C), the requirements of this
subparagraph are as follows:
``(i) The device is designed and built in a manner in which
it is mechanically impossible for the device to add or change
the vote selections on a printed or marked ballot.
``(ii) The device is capable of exporting its data
(including vote tally data sets and cast vote records) in a
machine-readable, open data standard format required by the
Commission, in consultation with the Director of the National
Institute of Standards and Technology.
``(iii) The device consists of hardware that--
``(I) is certified under section 2216 of the Homeland
Security Act; and
``(II) demonstrably conforms to a hardware component
manifest describing point-of-origin information (including
upstream hardware supply chain information for each
component) that--
``(aa) has been provided to the Commission, the Director of
Cybersecurity and Infrastructure Security, and the chief
State election official for each State in which the device is
used; and
``(bb) may be shared by any entity to whom it has been
provided under item (aa) with independent experts for
cybersecurity analysis.
``(iv) The device utilizes technology that prevents the
operation of the device if any hardware components do not
meet the requirements of clause (iii).
``(v) The device operates using software--
``(I) that is certified under section 2216 of the Homeland
Security Act; and
``(II) for which the source code, system build tools, and
compilation parameters--
``(aa) have been provided to the Commission, the Director
of Cybersecurity and Infrastructure Security, and the chief
State election official for each State in which the device is
used; and
``(bb) may be shared by any entity to whom it has been
provided under item (aa) with independent experts for
cybersecurity analysis.
``(vi) The device utilizes technology that prevents the
running of software on the device that does not meet the
requirements of clause (v).
``(vii) The device utilizes technology that enables
election officials, cybersecurity researchers, and voters to
verify that the software running on the device--
``(I) was built from a specific, untampered version of the
code that is described in clause (v); and
``(II) uses the system build tools and compilation
parameters that are described in clause (v).
``(viii) The device contains such other security
requirements as established by the Director of Cybersecurity
and Infrastructure Security, in consultation with the
Director of the National Institute of Standards and
Technology and the Technical Guidelines Development
Committee.
``(C) Waiver.--
``(i) In general.--The Director of Cybersecurity and
Infrastructure Security, in consultation with the Director of
the National Institute of Standards and Technology, may waive
one or more of the requirements of subparagraph (B) (other
than the requirement of clause (i) thereof) with respect to
any device for a period of not to exceed 2 years.
``(ii) Publication.--Information relating to any waiver
granted under clause (i) shall be made publicly available on
the internet.
``(D) Effective date.--Each State and jurisdiction shall be
required to comply with the requirements of this paragraph
for elections for Federal office held in 2021 or any
subsequent year.''.
(b) Other Cybersecurity Requirements.--Section 301(a) of
such Act (52 U.S.C. 21081(a)), as amended by section 104,
section 105, and subsection (a), is further amended by adding
at the end the following new paragraphs:
``(10) Prohibition of use of wireless communications
devices in systems or devices.--
``(A) In general.--No system or device upon which ballot
marking devices or ballot tabulation devices are configured,
upon which ballots are marked by voters (except as necessary
for individuals with disabilities to use ballot marking
devices that meet the accessibility requirements of paragraph
(3)), or upon which votes are cast, tabulated, or aggregated
shall contain, use, or be accessible by any wireless, power-
line, or concealed communication device.
``(B) Effective date.--Each State and jurisdiction shall be
required to comply with the requirements of this paragraph
for elections for Federal office held in 2021 or any
subsequent year.
``(11) Prohibiting connection of system to the internet.--
``(A) In general.--No system or device upon which ballot
marking devices or ballot tabulation devices are configured,
upon which ballots are marked by voters, or upon which votes
are cast, tabulated, or aggregated shall be connected to the
internet or any non-local computer system via telephone or
other communication network at any time.
``(B) Effective date.--Each State and jurisdiction shall be
required to comply with the requirements of this paragraph
for elections for Federal office held in 2021 or any
subsequent year.''.
(c) Ballot Marking Devices.--Section 301(a) of such Act (52
U.S.C. 21081(a)), as amended by section 104, section 105, and
subsections (a) and (b), is further amended by adding at the
end the following new paragraph:
``(12) Ballot marking devices.--
``(A) In general.--In the case of a voting system that uses
a ballot marking device, the ballot marking device shall be a
device that--
``(i) is not capable of tabulating votes; and
``(ii) is certified under section 2216 of the Homeland
Security Act as meeting the requirements of clauses (iii)
through (viii) of section 301(a)(9)(B).
``(B) Effective date.--Each State and jurisdiction shall be
required to comply with the requirements of this paragraph
for elections for Federal office held in 2021 or any
subsequent year.''.
[[Page S3425]]
SEC. 203. 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 elections for Federal office held
in 2021 or any subsequent year.
(b) Issuance of Cybersecurity Guidelines by Technical
Guidelines Development Committee.--Section 221(b) of the Help
America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended by
adding at the end the following new paragraph:
``(3) Election cybersecurity guidelines.--Not later than 6
months after the date of the enactment of the Securing
America's Federal Elections Act, the Development Committee
shall issue election cybersecurity guidelines, including
standards and best practices for procuring, maintaining,
testing, operating, and updating election systems to prevent
and deter cybersecurity incidents.''.
SEC. 204. REQUIRING USE OF SOFTWARE AND HARDWARE FOR WHICH
INFORMATION IS DISCLOSED BY MANUFACTURER.
(a) Requirement.--Section 301(a) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)), as amended by sections 104,
105, 202(a), 202(b), and 202(c), is amended by adding at the
end the following new paragraph:
``(13) Requiring use of software and hardware for which
information is disclosed by manufacturer.--
``(A) Requiring use of software for which source code is
disclosed by manufacturer.--
``(i) In general.--In the operation of voting systems in an
election for Federal office, a State may only use software
for which the manufacturer makes the source code (in the form
in which will be used at the time of the election) publicly
available online under a license that grants a worldwide,
royalty-free, non-exclusive, perpetual, sub-licensable
license to all intellectual property rights in such source
code, except that the manufacturer may prohibit a person who
obtains the software from using the software in a manner that
is primarily intended for or directed toward commercial
advantage or private monetary compensation that is unrelated
to carrying out legitimate research or cybersecurity
activity.
``(ii) Exceptions.--Clause (i) does not apply with respect
to--
``(I) widely used operating system software which is not
specific to voting systems and for which the source code or
baseline functionality is not altered; or
``(II) widely used cybersecurity software which is not
specific to voting systems and for which the source code or
baseline functionality is not altered.
``(B) Requiring use of hardware for which information is
disclosed by manufacturer.--
``(i) Requiring disclosure of hardware.--A State may not
use a voting system in an election for Federal office unless
the manufacturer of the system publicly discloses online the
identification of the hardware used to operate the system.
``(ii) Additional disclosure requirements for custom or
altered hardware.--To the extent that the hardware used to
operate a voting system or any component thereof is not
widely used, or is widely used but is altered, the State may
not use the system in an election for Federal office unless--
``(I) the manufacturer of the system publicly discloses
online the components of the hardware, the design of such
components, and how such components are connected in the
operation of the system; and
``(II) the manufacturer makes the design (in the form which
will be used at the time of the election) publicly available
online under a license that grants a worldwide, royalty-free,
non-exclusive, perpetual, sub-licensable license to all
intellectual property rights in the design of the hardware or
the component, except that the manufacturer may prohibit a
person who obtains the design from using the design in a
manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation that is
unrelated to carrying out legitimate research or
cybersecurity activity.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections for Federal office held
in 2021 or any succeeding year.
SEC. 205. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF
VOTING SYSTEMS.
(a) Inclusion in Definition of Voting System.--Section
301(b) of the Help America Vote Act of 2002 (52 U.S.C.
21081(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this Act'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) any electronic poll book used with respect to the
election; and''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 21081)
is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Electronic Poll Book Defined.--In this Act, the term
`electronic poll book' means the total combination of
mechanical, electromechanical, or electronic equipment
(including the software, firmware, and documentation required
to program, control, and support the equipment) that is
used--
``(1) to retain the list of registered voters at a polling
location, or vote center, or other location at which voters
cast votes in an election for Federal office; and
``(2) to identify registered voters who are eligible to
vote in an election.''.
(c) Effective Date.--Section 301(e) of such Act (52 U.S.C.
21081(e)), as amended by section 107 and as redesignated by
subsection (b), is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Special rule for electronic poll books.--In the case
of the requirements of subsection (c) (relating to electronic
poll books), each State and jurisdiction shall be required to
comply with such requirements on or after January 1, 2021.''.
SEC. 206. 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.), as
amended by section 103(c), is amended by inserting after
section 301A the following new section:
``SEC. 301B. 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 2022 and each succeeding
regularly scheduled general election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act,
as amended by section 103(c), is amended by inserting after
the item relating to section 301A the following new item:
``Sec. 301B. Pre-election reports on voting system usage.''.
SEC. 207. STREAMLINING COLLECTION OF ELECTION INFORMATION.
Section 202 of the Help America Vote Act of 2002 (52 U.S.C.
20922) is amended--
(1) by striking ``The Commission'' and inserting ``(a) In
General.--The Commission''; and
(2) by adding at the end the following new subsection:
``(b) Waiver of Certain Requirements.--Subchapter I of
chapter 35 of title 44, United States Code, shall not apply
to the collection of information for purposes of maintaining
the clearinghouse described in paragraph (1) of subsection
(a).''.
TITLE III--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES
SEC. 301. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED
STATES.
Section 301(a) of the Help America Vote Act of 2002 (52
U.S.C. 21081(a)), as amended by sections 104, 105, 202(a),
202(b), 202(c), and 204(a), is further amended by adding at
the end the following new paragraph:
``(14) Voting machine requirements.--Each State shall seek
to ensure that any voting machine used in an election for
Federal office held in 2021 or any subsequent year is
manufactured in the United States.''.
TITLE IV--SEVERABILITY
SEC. 401. 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.
______