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 para-
graph: 
‘‘(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 sub-
paragraph (F); and 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) A representative of the Department of 
Homeland Security.’’. 
(d) GOALS OF PERIODIC STUDIES OF ELECTION AD-
MINISTRATION 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 
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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 para-
graph (5); and 
(4) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) will be secure against attempts to under-
mine the integrity of election systems by cyber or 
other means; and’’. 
(e) REQUIREMENTS PAYMENTS.— 
(1) USE OF PAYMENTS FOR VOTING SYSTEM SE-
CURITY 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 fol-
lowing 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 des-
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ignates as critical to the operation of the State’s 
election infrastructure. 
‘‘(C) Enhancing the cybersecurity and oper-
ations of the information technology infrastruc-
ture described in subparagraph (B). 
‘‘(D) Enhancing the security of voter reg-
istration databases.’’. 
(2) INCORPORATION OF ELECTION INFRASTRUC-
TURE PROTECTION IN STATE PLANS FOR USE OF PAY-
MENTS.—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 elec-
tion infrastructure.’’. 
(3) COMPOSITION OF COMMITTEE RESPONSIBLE 
FOR
DEVELOPING
STATE
PLAN
FOR
USE
OF
PAY-
MENTS.—Section 255 of such Act (52 U.S.C. 21005) 
is amended— 
(A) by redesignating subsection (b) as sub-
section (c); and 
(B) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) GEOGRAPHIC REPRESENTATION.—The members 
of the committee shall be a representative group of individ-
uals from the State’s counties, cities, towns, and Indian 
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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 inci-
dents, as identified by the Commission, the Secretary of 
Homeland Security, and the Technical Guidelines Develop-
ment Committee.’’. 
SEC. 113. INCORPORATION OF DEFINITIONS. 
(a) IN GENERAL.—Section 901 of the Help America 
Vote Act of 2002 (52 U.S.C. 21141) is amended to read as 
follows: 
‘‘SEC. 901. DEFINITIONS. 
‘‘In this Act, the following definitions apply: 
‘‘(1) The term ‘cybersecurity incident’ has the 
meaning given the term ‘incident’ in section 227 of 
the Homeland Security Act of 2002 (6 U.S.C. 148). 
‘‘(2) The term ‘election agency’ means any com-
ponent 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. 
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‘‘(3) The term ‘election infrastructure’ means 
storage facilities, polling places, and centralized vote 
tabulation locations used to support the administra-
tion of elections for public office, as well as related in-
formation and communications technology, including 
voter registration databases, voting machines, elec-
tronic mail and other communications systems (in-
cluding 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 re-
sults), 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 sec-
tion 901 to read as follows: 
‘‘Sec. 901. Definitions.’’. 
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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 insert-
ing after section 303 the following new section: 
‘‘SEC. 303A. RISK-LIMITING AUDITS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) RISK-LIMITING AUDIT.—The term ‘risk-lim-
iting audit’ means, with respect to any election con-
test, 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 re-
ported outcome is the correct outcome; and 
‘‘(C) involves a manual adjudication of 
voter intent from some or all of the ballots val-
idly cast in the election contest. 
‘‘(2) REPORTED OUTCOME; CORRECT OUTCOME; 
OUTCOME.— 
‘‘(A) REPORTED OUTCOME.—The term ‘re-
ported outcome’ means the outcome of an election 
contest which is determined according to the can-
vass and which will become the official, certified 
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outcome unless it is revised by an audit, recount, 
or other legal process. 
‘‘(B) CORRECT OUTCOME.—The term ‘cor-
rect outcome’ means the outcome that would be 
determined by a manual adjudication of voter 
intent for all votes validly cast in the election 
contest. 
‘‘(C) OUTCOME.—The term ‘outcome’ means 
the winner or set of winners of an election con-
test. 
‘‘(3) MANUAL
ADJUDICATION
OF
VOTER
IN-
TENT.—The term ‘manual adjudication of voter in-
tent’ means direct inspection and determination by 
humans, without assistance from electronic or me-
chanical tabulation devices, of the ballot choices 
marked by voters on each voter-verified paper record. 
‘‘(4) BALLOT MANIFEST.—The term ‘ballot mani-
fest’ 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 con-
ducting a risk-limiting audit; and 
‘‘(C) accounts for all ballots validly cast re-
gardless of how or whether they were tabulated 
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and includes a precise description of the manner 
in which the ballots are physically stored, in-
cluding 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 ju-
risdiction shall administer risk-limiting au-
dits of the results of all election contests for 
Federal office held in the State in accord-
ance 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 in-
tent. 
‘‘(B) FULL
MANUAL
TABULATION.—If a 
risk-limiting audit conducted under subpara-
graph (A) corrects the reported outcome of an 
election contest, the State or jurisdiction shall 
use the results of the manual adjudication of 
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voter intent conducted as part of the risk-lim-
iting 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 en-
suring the security of ballots and docu-
menting that prescribed procedures 
were followed. 
‘‘(II) Rules and procedures for en-
suring the accuracy of ballot manifests 
produced by jurisdictions. 
‘‘(III) Rules and procedures for 
governing the format of ballot mani-
fests and other data involved in risk- 
limiting audits. 
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‘‘(IV) Methods to ensure that any 
cast vote records used in a risk-lim-
iting audit are those used by the voting 
system to tally the results of the elec-
tion contest sent to the chief State elec-
tion official of the State and made 
public. 
‘‘(V) Rules and procedures for the 
random selection of ballots to be in-
spected 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 comple-
tion of the risk-limiting audit and at least 
5 days before the election contest is certified, 
the State shall publish a report on the re-
sults of the audit, together with such infor-
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mation as necessary to confirm that the 
audit was conducted properly. 
‘‘(ii) FORMAT OF DATA.—All data pub-
lished with the report under clause (i) shall 
be published in machine-readable, open data 
formats. 
‘‘(iii) PROTECTION OF ANONYMITY OF 
VOTES.—Information and data published 
by the State under this subparagraph shall 
not compromise the anonymity of votes. 
‘‘(c) EFFECTIVE DATE.—Each State and jurisdiction 
shall be required to comply with the requirements of this 
section for the first regularly scheduled election for Federal 
office held more than 1 year after the date of the enactment 
of the Securing America’s Federal Elections Act and for 
each subsequent election for Federal office.’’. 
(b) CONFORMING AMENDMENTS RELATED
TO EN-
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 
is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 
303A’’. 
(c) CLERICAL AMENDMENT.—The table of contents for 
such Act is amended by inserting after the item relating 
to section 303 the following new item: 
‘‘Sec. 303A. Risk-limiting audits.’’. 
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SEC. 122. FUNDING FOR CONDUCTING POST-ELECTION 
RISK-LIMITING AUDITS. 
(a) PAYMENTS TO STATES.—Subtitle D of title II of 
the Help America Vote Act of 2002 (52 U.S.C. 21001 et 
seq.), as amended by section 111(a), is amended by adding 
at the end the following new part: 
‘‘PART 8—FUNDING FOR POST-ELECTION RISK- 
LIMITING AUDITS 
‘‘SEC. 298. PAYMENTS FOR POST-ELECTION RISK-LIMITING 
AUDITS. 
‘‘(a) IN GENERAL.—The Commission shall pay to 
States the amount of eligible post-election audit costs. 
‘‘(b) ELIGIBLE POST-ELECTION AUDIT COSTS.—For 
purposes of this section, the term ‘eligible post-election audit 
costs’ means, with respect to any State, costs paid or in-
curred 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 enact-
ment of this part; and 
‘‘(2) any equipment, software, or services nec-
essary for the conduct of any such risk-limiting audit. 
‘‘(c) SPECIAL RULES.— 
‘‘(1) RULES AND PROCEDURES.—The Commis-
sion shall establish rules and procedures for submis-
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sion 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 sub-
section (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 sub-
mitting 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.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents of 
such Act, as amended by section 111(b), is further amended 
by adding at the end of the items relating to subtitle D 
of title II the following: 
‘‘PART 8—FUNDING FOR POST-ELECTION RISK-LIMITING AUDITS 
‘‘Sec. 298. Payments for post-election risk-limiting audits.’’. 
SEC. 123. GAO ANALYSIS OF EFFECTS OF AUDITS. 
(a) ANALYSIS.—Not later than 6 months after the first 
elections for Federal office is held for which States must 
conduct risk-limiting audits under section 303A of the Help 
America Vote Act of 2002 (as added by section 121), the 
Comptroller General of the United States shall conduct an 
analysis of the extent to which such audits have improved 
the administration of such elections and the security of elec-
tion 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 Adminis-
tration of the House of Representatives and the Committee 
on Rules and Administration of the Senate. 
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TITLE II—PROMOTING CYBERSE-
CURITY THROUGH IMPROVE-
MENTS IN ELECTION ADMIN-
ISTRATION 
SEC. 201. VOTING SYSTEM CYBERSECURITY REQUIRE-
MENTS. 
(a) BALLOT TABULATING DEVICES.—Section 301(a) of 
the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), 
as amended by section 104 and section 105, is further 
amended by adding at the end the following new paragraph: 
‘‘(9) BALLOT TABULATING METHODS.— 
‘‘(A) IN GENERAL.—The voting system tab-
ulates ballots by hand or through the use of an 
optical scanning device that meets the require-
ments of subparagraph (B). 
‘‘(B) REQUIREMENTS
FOR
OPTICAL
SCAN-
NING DEVICES.—Except as provided in subpara-
graph (C), the requirements of this subparagraph 
are as follows: 
‘‘(i) The device is designed and built in 
a manner in which it is mechanically im-
possible for the device to add or change the 
vote selections on a printed or marked bal-
lot. 
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‘‘(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 Direc-
tor 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 describ-
ing point-of-origin information (in-
cluding upstream hardware supply 
chain information for each component) 
that— 
‘‘(aa) has been provided to 
the Commission, the Director of 
Cybersecurity and Infrastructure 
Security under section 2215 of the 
Homeland Security Act, and the 
chief State election official for 
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each State in which the device is 
used; and 
‘‘(bb) may be shared by any 
entity to whom it has been pro-
vided under item (aa) with inde-
pendent 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 soft-
ware— 
‘‘(I) 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 under section 2215 of the 
Homeland Security Act, and the 
chief State election official for 
each State in which the device is 
used; and 
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‘‘(bb) may be shared by any 
entity to whom it has been pro-
vided under item (aa) with inde-
pendent experts for cybersecurity 
analysis; and 
‘‘(II) that is certified under sec-
tion 2216 of the Homeland Security 
Act. 
‘‘(vi) The device utilizes technology 
that prevents the running of software on the 
device that does not meet the requirements 
of clause (v). 
‘‘(vii) The device utilizes technology 
that enables election officials, cybersecurity 
researchers, and voters to verify that the 
software running on the device— 
‘‘(I) was built from a specific, 
untampered version of the code that is 
described in clause (v); and 
‘‘(II) uses the system build tools 
and compilation parameters that are 
described in clause (v). 
‘‘(viii) The device contains such other 
security requirements as the Director of Cy-
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