(g) PROTECTION OF PERSONAL AND CONFIDENTIAL 
INFORMATION.— 
(1) IN GENERAL.—If a Federal entity shares 
information relating to an election cybersecurity inci-
dent, threat, or vulnerability, the Federal entity 
shall, within Federal information systems (as de-
fined in section 3502 of title 44, United States 
Code) of the entity— 
(A) minimize the acquisition, use, and dis-
closure of personal information of voters, except 
as necessary to identify, protect against, detect, 
respond to, or recover from election cybersecu-
rity incidents, threats, and vulnerabilities; 
(B) notwithstanding any other provision of 
law, prohibit the retention of personal informa-
tion of voters, such as— 
(i) voter registration information, in-
cluding physical address, email address, 
and telephone number; 
(ii) political party affiliation or reg-
istration information; and 
(iii) voter history, including registra-
tion status or election participation; and 
(C) protect confidential Federal and State 
information from unauthorized disclosure. 
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(2) EXEMPTION FROM DISCLOSURE.—Informa-
tion relating to an election cybersecurity incident, 
threat, or vulnerability, such as personally identifi-
able information of reporting persons or individuals 
affected by such incident, threat, or vulnerability, 
shared by or with the Federal Government shall 
be— 
(A) deemed voluntarily shared information 
and exempt from disclosure under section 552 
of title 5, United States Code, and any State, 
tribal, or local provision of law requiring disclo-
sure of information or records; and 
(B) withheld, without discretion, from the 
public under section 552(b)(3)(B) of title 5, 
United States Code, and any State, tribal, or 
local provision of law requiring disclosure of in-
formation or records. 
(h) DUTY TO ASSESS POSSIBLE CYBERSECURITY IN-
CIDENTS.— 
(1) ELECTION AGENCIES.—If an election agen-
cy becomes aware of the possibility of an election cy-
bersecurity incident, the election agency shall 
promptly assess whether an election cybersecurity in-
cident occurred and notify the State election official. 
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(2) ELECTION
SERVICE
PROVIDERS.—If an 
election service provider becomes aware of the possi-
bility of an election cybersecurity incident, the elec-
tion service provider shall promptly assess whether 
an election cybersecurity incident occurred and no-
tify the relevant election agencies consistent with 
subsection (j). 
(i) INFORMATION SHARING ABOUT CYBERSECURITY 
INCIDENTS
BY ELECTION AGENCIES.—If an election 
agency has reason to believe that an election cybersecurity 
incident has occurred with respect to an election system 
owned, operated, or maintained by or on behalf of the elec-
tion agency, the election agency shall, in the most expe-
dient time possible and without unreasonable delay, pro-
vide notification of the election cybersecurity incident to 
the Department. 
(j) INFORMATION SHARING ABOUT CYBERSECURITY 
INCIDENTS BY ELECTION SERVICE PROVIDERS.—If an 
election service provider has reason to believe that an elec-
tion cybersecurity incident may have occurred, or that an 
incident related to the role of the provider as an election 
service provider may have occurred, the election service 
provider shall— 
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(1) notify the relevant election agencies in the 
most expedient time possible and without unreason-
able delay; and 
(2) cooperate with the election agencies in pro-
viding the notifications required under subsections 
(h)(1) and (i). 
(k) CONTENT
OF
NOTIFICATION
BY
ELECTION 
AGENCIES.—The notifications required under subsections 
(h)(1) and (i)— 
(1) shall include an initial assessment of— 
(A) the date, time, and duration of the 
election cybersecurity incident; 
(B) the circumstances of the election cy-
bersecurity incident, including the specific elec-
tion systems believed to have been accessed and 
information acquired; and 
(C) planned and implemented technical 
measures to respond to and recover from the 
incident; and 
(2) shall be updated with additional material in-
formation, including technical data, as it becomes 
available. 
(l) SECURITY CLEARANCE.—Not later than 30 days 
after the date of enactment of this Act, the Secretary— 
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(1) shall establish an expedited process for pro-
viding appropriate security clearance to State elec-
tion officials and designated technical personnel em-
ployed by State election agencies; 
(2) shall establish an expedited process for pro-
viding appropriate security clearance to members of 
the Commission and designated technical personnel 
employed by the Commission; and 
(3) shall establish a process for providing ap-
propriate security clearance to personnel at other 
election agencies. 
(m) PROTECTION FROM LIABILITY.—Nothing in this 
Act may be construed to provide a cause of action against 
a State, unit of local government, or an election service 
provider. 
(n) ASSESSMENT
OF INTER-STATE INFORMATION 
SHARING ABOUT ELECTION CYBERSECURITY.— 
(1) IN
GENERAL.—The Secretary and the 
Chairman, in coordination with the heads of the ap-
propriate Federal entities and appropriate officials 
of State and local governments, shall conduct an as-
sessment of— 
(A) the structure and functioning of the 
Multi-State Information Sharing and Analysis 
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Center for purposes of election cybersecurity; 
and 
(B) other mechanisms for inter-state infor-
mation sharing about election cybersecurity. 
(2) COMMENT FROM ELECTION AGENCIES.—In 
carrying out the assessment required under para-
graph (1), the Secretary and the Chairman shall so-
licit and consider comments from all State election 
agencies. 
(3) DISTRIBUTION.—The Secretary and the 
Chairman shall jointly issue the assessment required 
under paragraph (1) to— 
(A) all election agencies known to the De-
partment and the Commission; and 
(B) the appropriate congressional commit-
tees. 
(o) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—If an appropriate Federal 
entity has reason to believe that a significant elec-
tion cybersecurity incident has occurred, the entity 
shall— 
(A) not later than 7 calendar days after 
the date on which there is a reasonable basis to 
conclude that the significant incident has oc-
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curred, provide notification of the incident to 
the appropriate congressional committees; and 
(B) update the initial notification under 
paragraph (1) within a reasonable period of 
time after additional information relating to the 
incident is discovered. 
(2) REPORTING
THRESHOLD.—The Secretary 
shall— 
(A) promulgate a uniform definition of a 
‘‘significant election cybersecurity incident’’; 
and 
(B) shall submit the definition promul-
gated under subparagraph (A) to the appro-
priate congressional committees. 
SEC. 5. ADVISORY PANEL AND GUIDELINES. 
(a) ADVISORY PANEL.— 
(1) IN GENERAL.—The Commission shall estab-
lish an advisory panel of independent experts on 
election cybersecurity. 
(2) MEMBERSHIP.—The Advisory Panel shall 
consist of not less than 9 members, of whom— 
(A) one shall be appointed by the Chair-
man, in consultation with the Secretary and the 
Director of the National Institute of Standards 
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and Technology, and shall be designated as the 
Chairman of the advisory panel; 
(B) four shall be appointed by the Chair-
man, in consultation with the Secretary; and 
(C) four shall be appointed by the Sec-
retary, in consultation with the Chairman and 
the Director of the National Institute of Stand-
ards and Technology. 
(3) ELIGIBILITY.—Individuals appointed to the 
Advisory Panel established under paragraph (1)— 
(A) may not be officers or employees of the 
United States; 
(B) if appointed under paragraph (2)(A), 
shall possess expertise in election law, election 
administration, or cybersecurity; and 
(C) if appointed under subparagraph (B) 
or (C) of paragraph (2), shall possess expertise 
in cybersecurity. 
(4) TERMS; VACANCIES.—Members of the Advi-
sory Panel shall serve for a term set by the Commis-
sion. Any vacancy in the Advisory Panel shall be 
filled in the same manner as the original appoint-
ment. 
(5) COMPENSATION.—Members of the Advisory 
Panel shall serve on the Advisory Panel without 
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compensation, except that members of the Advisory 
Panel may be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from 
their homes or regular places of business in the per-
formance of services for the Advisory Panel. 
(6) ADMINISTRATIVE STAFF.—Upon request of 
the Advisory Panel, the Commission shall provide to 
the Advisory Panel, on a reimbursable basis, the ad-
ministrative support services necessary for the Advi-
sory Panel to carry out its responsibilities under this 
Act. 
(b) GUIDELINES.— 
(1) IN GENERAL.—The Advisory Panel shall de-
velop a set of guidelines for election cybersecurity, 
including standards for procuring, maintaining, test-
ing, auditing, operating, and updating election sys-
tems. 
(2) REQUIREMENTS.—In developing the guide-
lines, the Advisory Panel shall— 
(A) identify the top risks to election sys-
tems; 
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(B) 
describe 
how 
specific 
technology 
choices can increase or decrease those risks; 
and 
(C) provide recommended policies, best 
practices, and overall security strategies for 
identifying, protecting against, detecting, re-
sponding to, and recovering from the risks iden-
tified under subparagraph (A). 
(c) GRANT PROGRAM.—The Advisory Panel shall as-
sist the Commission and the Department in carrying out 
the grant program required under section 7 by— 
(1) submitting recommendations to the Com-
mission about the grant program application proc-
ess; 
(2) submitting recommendations, including rec-
ommended criteria, to the Commission for the grant 
program review process; 
(3) submitting recommendations, including rec-
ommended criteria, to the Commission for use of re-
maining grant funds; 
(4) submitting recommendations, including rec-
ommended criteria, to the Commission for the in-
terim grant program for non-paper equipment re-
placement; and 
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(5) providing any other assistance that the 
Commission or the Department requests. 
(d) VOTING SYSTEMS AND STATISTICAL AUDITS.— 
The guidelines developed under subsection (b) shall in-
clude provisions regarding voting systems and statistical 
audits for Federal elections, including that— 
(1) each vote is cast using a voting system 
that— 
(A) would be eligible to be purchased 
under section 7(f); and 
(B) allows the voter an opportunity to in-
spect and confirm the marked ballot before 
casting it (consistent with accessibility require-
ments); and 
(2) each election result is determined by tab-
ulating marked ballots (by hand or device), and 
prior to certification by a State of the election re-
sult, election agencies within the State inspect (by 
hand and not by device) a random sample of the 
marked ballots and thereby establish high statistical 
confidence in the election result. 
(e) ISSUES CONSIDERED.— 
(1) IN GENERAL.—In developing the guidelines 
required under subsection (b), the Advisory Panel 
shall consider— 
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(A) applying established cybersecurity best 
practices to Federal election administration by 
States and local governments, including appro-
priate technologies, procedures, and personnel 
for identifying, protecting against, detecting, re-
sponding to, and recovering from cybersecurity 
events; 
(B) mechanisms to verify that election sys-
tems accurately tabulate ballots, report results, 
and identify a winner for each election for Fed-
eral office, even if there is an error or fault in 
the voting system; 
(C) specific types of election audits, includ-
ing procedures and shortcomings for such au-
dits; 
(D) durational requirements needed to fa-
cilitate election audits prior to election certifi-
cation, including variations in the acceptance of 
postal ballots, time allowed to cure provisional 
ballots, and election certification deadlines; 
(E) providing actionable guidance to elec-
tion agencies that have not applied for or re-
ceived grant funds under section 7, and to 
agencies that seek to implement additional cy-
bersecurity protections; 
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(F) how the guidelines could assist other 
components of State and local governments; 
and 
(G) any other factors that the Advisory 
Panel determines to be relevant. 
(2) RELATIONSHIP TO VOLUNTARY VOTING SYS-
TEM
GUIDELINES
AND
NATIONAL
INSTITUTE
OF 
STANDARDS
AND
TECHNOLOGY
CYBERSECURITY 
GUIDANCE.—In developing the guidelines required 
under subsection (b), the Advisory Panel shall con-
sider— 
(A) the voluntary voting system guidelines 
developed by the Commission; and 
(B) cybersecurity standards and best prac-
tices developed by the National Institute of 
Standards and Technology, including frame-
works, consistent with section 2(c) of the Na-
tional Institute of Standards and Technology 
Act (15 U.S.C. 272(c)). 
(f) PUBLIC COMMENT.—The Advisory Panel shall— 
(1) provide a reasonable opportunity for public 
comment, including through Commission publication 
in the Federal Register, on the guidelines required 
under subsection (b), including a 45-day opportunity 
for public comment on a draft of the guidelines be-
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fore they are submitted under subsection (i), which 
shall, to the extent practicable, occur concurrently 
with the other activities of the Advisory Panel under 
this section; and 
(2) consider the public comments in developing 
the guidelines. 
(g) CONSULTATION.—In developing the guidelines re-
quired under subsection (b), the Advisory Panel shall con-
sult with— 
(1) the appropriate Federal entities; 
(2) the Standards Board, Board of Advisors, 
and Technical Guidelines Development Committee of 
the Commission; 
(3) the Federal Communications Commission; 
(4) the Federal Trade Commission; 
(5) the National Governors Association; 
(6) the National Association of Secretaries of 
State; 
(7) the National Association of State Election 
Directors; 
(8) the National Association of Election Offi-
cials; 
(9) the National Association of Counties; 
(10) the National League of Cities; 
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(11) the International Association of Govern-
ment Officials; 
(12) the Multi-State Information Sharing and 
Analysis Center; 
(13) the National Science Foundation; and 
(14) any other interested entities that the Advi-
sory Panel determines are necessary to the develop-
ment of the guidelines. 
(h) SUBMISSION TO COMMISSION.—Not later than 
180 days after the date of enactment of this Act, the Advi-
sory Panel shall submit the guidelines required under sub-
section (b) to the Commission. 
(i) SUBMISSION TO CONGRESS; MODIFICATION.—Not 
later than 14 calendar days after the date on which the 
Commission receives guidelines under subsection (h) or (l), 
the Commission shall submit the guidelines to the appro-
priate congressional committees. The Commission may 
modify the guidelines in advance of submission to Con-
gress if— 
(1) the Commission determines that there is 
good cause to modify the guidelines, consistent with 
the considerations established in subsection (e) and 
notwithstanding the recommendation of the Advisory 
Panel; and 
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(2) the Commission submits a written justifica-
tion of the modification to the Advisory Panel and 
the appropriate congressional committees. 
(j) DISTRIBUTION
TO ELECTION AGENCIES.—The 
Commission shall distribute the guidelines required under 
subsection (b) to all election agencies known to the Com-
mission and the Department. 
(k) PUBLICATION.—The Commission shall make the 
guidelines required under subsection (b) available on the 
public website of the Department. 
(l) PERIODIC REVIEW.—Not later than January 31, 
2019, and once every 2 years thereafter, the Advisory 
Panel shall review and update the guidelines required 
under subsection (b). 
(m) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to subject the process for devel-
oping the guidelines required under subsection (b) to sub-
chapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ‘‘Administrative 
Procedure Act’’). 
(n) CONFORMING AMENDMENT.—Section 202 of the 
Help America Vote Act of 2002 (52 U.S.C. 20921) is 
amended by striking ‘‘and’’ at the end of paragraph (5), 
by striking the period at the end of paragraph (6) and 
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inserting ‘‘; and’’, and by adding at the end the following 
new paragraph: 
‘‘(7) establishing the advisory panel of inde-
pendent experts on election cybersecurity under sec-
tion 5(a)(1) of the Secure Elections Act.’’. 
SEC. 6. REPORTS TO CONGRESS. 
(a) REPORTS
ON FOREIGN THREATS
TO ELEC-
TIONS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, and 30 days after 
the end of each fiscal year thereafter, the Secretary 
and the Director of National Intelligence, in coordi-
nation with the heads of the appropriate Federal en-
tities, shall submit a joint report to the appropriate 
congressional committees on foreign threats to elec-
tions in the United States, including physical and 
cybersecurity threats. 
(2) VOLUNTARY PARTICIPATION BY STATES.— 
The Secretary shall solicit and consider comments 
from all State election agencies. Participation by an 
election agency in the report under this subsection 
shall be voluntary and at the discretion of the State. 
(b) REPORTS ON GRANT PROGRAM.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and, subject to 
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paragraph (2), every 4 years thereafter, the Comp-
troller General of the United States shall submit a 
report to the appropriate congressional committees 
on the grant program established under section 7, 
including how grant funds have been distributed and 
used to implement the guidelines required under sec-
tion 5(b). 
(2) SUNSET.—If the Comptroller General deter-
mines that over 90 percent of the funds appro-
priated under section 7(h)(1) have been expended by 
the States, the reporting requirement in paragraph 
(1) shall cease to be effective after the Comptroller 
General submits a final report. 
SEC. 7. STATE ELECTION SYSTEM CYBERSECURITY AND 
MODERNIZATION GRANTS. 
(a) AUTHORITY.— 
(1) IN GENERAL.—The Commission shall award 
grants in accordance with this section. 
(2) COORDINATION.— 
(A) IN GENERAL.—The Commission shall 
coordinate with the Secretary in carrying out 
this section. 
(B) JOINT
PROGRAM.—If the Chairman 
determines that jointly carrying out this section 
with the Secretary would increase State partici-
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pation and cybersecurity preparedness, the 
Chairman shall— 
(i) submit notice of the determination 
to the Committee on Homeland Security 
and Governmental Affairs and the Com-
mittee on Rules and Administration of the 
Senate and the Committee on Homeland 
Security and the Committee on House Ad-
ministration of the House of Representa-
tives; and 
(ii) enter into a Memorandum of Un-
derstanding with the Secretary to carry 
out the grant program. 
(b) 
CYBERSECURITY
AND
MODERNIZATION 
GRANTS.— 
(1) APPLICATION PROCESS.— 
(A) 
IN
GENERAL.—The 
Commission 
shall— 
(i) establish a process for States to 
apply for election system cybersecurity and 
modernization grants; 
(ii) in establishing the application 
process, consider the recommendations of 
the Advisory Panel under section 5(c); and 
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(iii) ensure that the application proc-
ess requires that a State seeking a grant 
provide a detailed explanation of how elec-
tion agencies within the State will imple-
ment the guidelines established under sec-
tion 5(b). 
(B) REVIEW.—The Commission— 
(i) shall fund a State application sub-
mitted under subparagraph (A) if the 
Commission determines that— 
(I) the election agencies within 
the State will likely implement the 
guidelines established under section 
5(b); 
(II) with respect to the guidelines 
related to statistical audits, consistent 
with section 5(d), the State will com-
plete a statewide pilot program during 
a biennial Federal general election not 
later than 2022; and 
(III) the State will match at least 
ten percent of the total grant alloca-
tion for election cybersecurity im-
provements; and 
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(ii) in reviewing a State application, 
shall consider the recommendations and 
criteria of the Advisory Panel under sec-
tion 5(c). 
(C) STATE IMPLEMENTATION.— 
(i) IN GENERAL.—A State receiving a 
grant under this subsection may adopt any 
reasonable implementation of the guide-
lines established under section 5(b). 
(ii) 
INCONSISTENCY
WITH
STATE 
LAW.—If implementation of the guidelines 
would be inconsistent with State law, the 
State shall— 
(I) identify in the application of 
the State the legal issue and the 
guidelines that the State cannot im-
plement; 
(II) specify in the application of 
the State the amount of grant funds 
that the State would spend imple-
menting those guidelines if the law 
were not inconsistent; and 
(III) not spend the amount of 
grant funds specified under subclause 
(II) until the legal issue is resolved. 
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(D) PROTECTION OF PERSONAL INFORMA-
TION.—The 
application 
process 
established 
under this paragraph shall not require a State 
to disclose the personal information of any 
voter. 
(2) USE OF FUNDS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a State receiving a grant 
under this subsection shall use the funds re-
ceived under the grant to implement the guide-
lines established under section 5(b). 
(B) REMAINING FUNDS.—A State may use 
funds from a grant under this subsection to im-
prove, upgrade, or acquire hardware, software, 
or services for the purposes of improving ad-
ministration of Federal elections, consistent 
with the guidelines established under section 
5(b), if— 
(i) the State election official submits a 
written certification to the Commission 
that the election agencies within the State 
have implemented the guidelines estab-
lished under section 5(b); and 
(ii) the Commission, after consider-
ation of the recommendations and criteria 
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of the Advisory Panel under section 5(c), 
approves the use of funds. 
(3) LIMITATION ON AMOUNT OF GRANTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (C), the amount of funds provided to a 
State under a grant under this subsection shall 
be equal to the product obtained by multi-
plying— 
(i) the total amount appropriated for 
grants pursuant to the authorization under 
subsection (h) reduced by the amounts de-
scribed in subsections (d)(6) and (e)(5); by 
(ii) the State allocation percentage for 
the State (as determined under paragraph 
(2)). 
(B) STATE
ALLOCATION
PERCENTAGE.— 
The State allocation percentage for a State is 
the amount (expressed as a percentage) equal 
to the quotient obtained by dividing— 
(i) the total voting age population of 
all States (as reported in the most recent 
decennial census); by 
(ii) the voting age population of the 
State (as reported in the most recent de-
cennial census). 
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(C) MINIMUM AMOUNT OF PAYMENT.—The 
amount determined under this subsection may 
not be less than— 
(i) in the case of any of the several 
States or the District of Columbia, 0.5 
percent of the total amount appropriated 
for grants under this section; or 
(ii) in the case of the Commonwealth 
of Puerto Rico, Guam, American Samoa, 
the Commonwealth of Northern Mariana 
Islands, or the United States Virgin Is-
lands, 0.1 percent of such total amount. 
(D) PRO RATA REDUCTIONS.—The Com-
mission shall make such pro rata reductions to 
the allocations determined under subparagraph 
(A) as are necessary to comply with the require-
ments of subparagraph (C). 
(4) GRANTS FOR LOCAL JURISDICTIONS.— 
(A) ELIGIBILITY.—If a State notifies the 
Commission that it will not apply for election 
system cybersecurity and modernization grants 
under this subsection, the Commission shall 
award grants to election agencies within the 
State. 
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(B) APPLICATION
PROCESS.—The Com-
mission shall establish a process for election 
agencies that are eligible under subparagraph 
(A) to apply for election system cybersecurity 
and modernization grants, consistent with the 
application process for States established under 
paragraph (1). 
(C) USE OF FUNDS.—An election agency 
that receives a grant under this subsection is 
subject to the use of funds restrictions in para-
graph (2). 
(D) LIMITATION ON AMOUNT OF GRANT.— 
The amount of funds provided to an election 
agency under a grant under this subsection 
shall be equal to the amount obtained by multi-
plying the amount available to the State under 
paragraph (3) by the quotient obtained by di-
viding— 
(i) the voting age population of the 
State (as reported in the most recent de-
cennial census) who would cast their bal-
lots in a Federal election using voting sys-
tems operated by the election agency 
(under current State law); by 
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(ii) the voting age population of the 
State (as reported in the most recent de-
cennial census). 
(c) INTERIM GRANT PROGRAM FOR ELECTION PRE-
PAREDNESS.— 
(1) IN
GENERAL.—The Commission, in con-
sultation with the Secretary, shall award a grant to 
an election agency, regardless of State submission of 
an application under subsection (b)(1)(A), that— 
(A) receives a ‘‘cyber hygiene’’ scan, a risk 
and vulnerability assessment, or a similar cy-
bersecurity evaluation by the Department or a 
contractor approved by the Department; and 
(B) not later than November 6, 2018, sub-
mits to the Commission and the Department— 
(i) the results of the evaluation de-
scribed in subparagraph (A); 
(ii) a plan for rapidly remediating the 
vulnerabilities identified by the evaluation, 
including specific expenditures; and 
(iii) in the case of an application by 
any election agency of a political subdivi-
sion of a State, a certification of approval 
from the State election agency. 
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(2) PRIORITIZATION
FOR
LOCAL
GOVERN-
MENTS.—A State election agency may authorize 
some or all other election agencies within the State 
to apply for interim grants under paragraph (1). If 
the amount available under paragraph (5) is not suf-
ficient to fund the applications received from election 
agencies within the State, the State election agency 
may establish a priority order for funding applica-
tions. 
(3) USE OF FUNDS.—An election agency that 
receives a grant under paragraph (1) shall only use 
the funds received under the grant to implement the 
remediation 
plan 
submitted 
under 
paragraph 
(1)(B)(ii). 
(4) UNAVAILABILITY
OF
DEPARTMENT
SERV-
ICES.—If an election agency requests an evaluation 
by the Department consistent with paragraph 
(1)(A), and the Department is not able to provide 
the evaluation during the 30-calendar-day period fol-
lowing the request, the agency may— 
(A) procure a reasonably equivalent eval-
uation from a private-sector entity; and 
(B) use funds received from a grant under 
paragraph (1) as reimbursement for the cost of 
the evaluation. 
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(5) LIMITATION ON AMOUNT OF GRANT; CO-
ORDINATION
WITH
CYBERSECURITY
AND
MOD-
ERNIZATION GRANTS.— 
(A) LIMITATION.—The aggregate amount 
of grants under this subsection to all election 
agencies in a State shall not exceed 10 percent 
of the limitation with respect to such State 
under subsection (b)(3). 
(B) COORDINATION WITH CYBERSECURITY 
AND
MODERNIZATION
GRANTS.—The amount 
under subsection (b)(3) for purposes of grants 
under subsection (b) to a State shall be reduced 
by the amount of grants provided under this 
subsection to election agencies within the State, 
less any unused amount returned to the De-
partment. 
(d) INTERIM GRANT PROGRAM
FOR NON-PAPER 
EQUIPMENT REPLACEMENT.— 
(1) IN GENERAL.—The Commission shall award 
grants to States designated under paragraph (2) for 
the purpose of replacing voting systems that would 
not be eligible for purchase under subsection (f). 
(2) ELIGIBILITY.—Not later than 60 days after 
the date of enactment of this Act, the Commission 
shall develop a list of States in which 10 percent or 
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more of votes in the first Federal election occurring 
after the date of enactment of this Act are expected 
to be cast using voting systems that would not be el-
igible for purchase under subsection (f), and shall 
submit the list to the appropriate congressional com-
mittees. 
(3) APPLICATION PROCESS.—The Commission 
shall— 
(A) establish an application process for 
States designated under paragraph (2) to apply 
for grants under this subsection; and 
(B) consider the recommendations of the 
Advisory Panel under section 5(c) in estab-
lishing the application process; and ensure that 
a State applying for a grant submits— 
(i) an inventory of voting systems in 
the State that would not be eligible for 
purchase under subsection (f); 
(ii) a plan to expeditiously replace 
those voting systems; and 
(iii) a commitment to State funding 
for replacements that is at least equivalent 
to the grant amount. 
(4) REVIEW.—The Commission— 
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(A) shall fund a State application if the 
Commission determines that the State will like-
ly replace the voting systems that would not be 
eligible for purchase under subsection (f); and 
(B) in reviewing a State application, shall 
consider the recommendations and criteria of 
the Advisory Panel under section 5(c). 
(5) USE OF FUNDS.—A State election agency 
that receives funds under paragraph (1) shall only 
use the funds to replace voting systems that would 
not be eligible for purchase under subsection (f). 
(6) LIMITATIONS; COORDINATION WITH CYBER-
SECURITY AND MODERNIZATION GRANTS.— 
(A) LIMITATIONS.—Of the total amount 
authorized to be appropriated under subsection 
(h), $186,000,000 shall be used for grants 
awarded under this subsection. 
(B) FORMULA
FOR
GRANT
AMOUNTS.— 
The grant amount made available to each State 
shall be set according to the proportional for-
mula described in subsection (b)(3), as applied 
to the list of States designated under paragraph 
(2) and the number of votes cast in those 
States using voting systems that would not be 
eligible for purchase under subsection (f). 
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(C) COORDINATION WITH CYBERSECURITY 
AND
MODERNIZATION
GRANTS.—If the Sec-
retary determines that no additional State will 
receive a grant under this paragraph, the Sec-
retary shall reallocate any amounts remaining 
under subparagraph (A) to the cybersecurity 
and modernization grant program under sub-
section (b). 
(7) GRANTS FOR LOCAL JURISDICTIONS.— 
(A) ELIGIBILITY.—If a State designated 
under paragraph (2) notifies the Commission 
that it will not apply for grants under this sub-
section, the Commission shall award grants to 
election agencies within such State. 
(B) APPLICATION
PROCESS.—The Com-
mission shall establish a process for election 
agencies that are eligible under subparagraph 
(A) to apply for grants under this subsection, 
consistent with the application process for 
States established under paragraph (3). 
(C) REVIEW.—The Commission shall re-
view applications of election agencies under this 
paragraph in a similar manner to the manner 
required for applications by States under para-
graph (4). 
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(D) USE OF FUNDS.—An election agency 
that receives a grant under this subsection is 
subject to the use of funds restrictions in para-
graph (5). 
(E) LIMITATION ON AMOUNT OF GRANT.— 
The amount of funds provided to an election 
agency under a grant under this subsection 
shall be equal to the amount obtained by multi-
plying the amount available to the State under 
paragraph (6)(B) by the quotient obtained by 
dividing— 
(i) the voting age population of the 
State (as reported in the most recent de-
cennial census) who would cast their bal-
lots in a Federal election using voting sys-
tems that are operated by the election 
agency (under current State law) and that 
would not be eligible for purchase under 
subsection (f); by 
(ii) the voting age population of the 
State (as reported in the most recent de-
cennial census) who would cast their bal-
lots in a Federal election using voting sys-
tems that would not be eligible for pur-
chase under subsection (f). 
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(e) FINANCIAL ASSISTANCE
FOR AUDITING EX-
PENSES.— 
(1) IN GENERAL.—The Commission shall award 
grants to reimburse States that conduct statistical 
audits of a proportionally large number of ballots in 
close Federal elections if the statistical audit— 
(A) is consistent with the guidelines estab-
lished under section 5(b); and 
(B) includes the inspection (by hand and 
not by device) of an amount of paper ballots in 
excess of 5 percent of the voting age population 
within the State (in the case of national or 
statewide office) or district covered by the elec-
tion. 
(2) APPLICATIONS PROCESS.— 
(A) IN
GENERAL.—A State seeking a 
grant under this subsection shall submit an ap-
plication in such form and manner and at such 
time as the Commission may require. 
(B) LOCAL GOVERNMENTS.—A State elec-
tion agency may authorize some or all other 
election agencies within the State to apply for 
grants under paragraph (1). The Commission 
shall establish rules for the application of para-
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graphs (3) and (4)(B) to agencies requesting 
grants under this subparagraph. 
(3) LIMITATION ON AMOUNT OF GRANTS.—The 
amount of funds provided under a grant under this 
subsection shall be equal to the cost of the statistical 
audit, less the cost of inspecting (by hand and not 
by device) a number of ballots equal to 5 percent 
of— 
(A) in the case of an election for a national 
or statewide office, the voting age population 
within the State; or 
(B) in the case of an election for any other 
office, the voting age population within the dis-
trict covered by the election. 
(4) TIMING; DISTRIBUTION.— 
(A) IN GENERAL.—The Commission shall 
award grants under this subsection on January 
31, 2019, and every 2 years thereafter. 
(B) INSUFFICIENT FUNDS.—If the amount 
appropriated for carrying out this subsection is 
insufficient to fund the grants, the Commission 
shall fund such grants according to the propor-
tional formula described in subsection (b)(3), as 
applied to the States seeking grants under this 
subsection and the number of marked paper 
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ballots that were inspected by hand in excess of 
5 percent of the voting age population within 
the State (in the case of national or statewide 
office) or district covered by the election. 
(5) LIMITATION.—Of the total amount author-
ized to be appropriated under subsection (h), 
$5,000,000 shall be used for grants under this sub-
section. 
(f) PROHIBITION ON USE FOR CERTAIN VOTING SYS-
TEMS.— 
(1) IN
GENERAL.—Funds received under a 
grant under this section may not be used for any 
voting system that records each vote in electronic 
storage, unless the system is an optical scanner that 
reads paper ballots. 
(2) ELECTRONIC
USER
INTERFACES.—Funds 
received under a grant under this section may be 
used for a voting system with an electronic user 
interface provided that the voting system is con-
sistent with clause (i). 
(g) CONTRACTING ASSISTANCE.—Not later than 90 
days after the date of enactment of this Act, the Adminis-
trator of General Services, in consultation with the Direc-
tor of the National Institute of Standards and Technology, 
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shall take such actions as may be necessary through com-
petitive processes— 
(1) to qualify a set of private sector entities 
that are capable of assisting States with identifying, 
protecting against, detecting, responding to, and re-
covering 
from 
election 
cybersecurity 
incidents, 
threats, and vulnerabilities; 
(2) to establish contract vehicles to enable 
States to access the services of one or more of the 
private sector organizations after receiving amounts 
under a grant under this section; 
(3) to ensure that the contract vehicles permit 
individual States to augment Federal funds with 
funding otherwise available to the States; and 
(4) to provide a list of qualified entities to the 
Chairman and Secretary in order to ensure it is 
readily available to State election officials. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Commission $386,000,000 to 
carry out this section for fiscal year 2018. 
(2) AVAILABILITY.—Any amounts appropriated 
pursuant to paragraph (1) shall remain available 
without fiscal year limitation until expended. 
(3) FUNDING SOURCE.— 
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(A) DEFINITIONS.—In this paragraph— 
(i) the terms ‘‘agency’’, ‘‘closeout’’, 
and ‘‘Federal grant award’’ have the 
meanings given those terms in section 2 of 
the Grants Oversight and New Efficiency 
Act (Public Law 114–117; 130 Stat. 6); 
and 
(ii) the term ‘‘Director’’ means the 
Director of the Office of Management and 
Budget. 
(B) 
CLOSEOUT
OF
EXPIRED
AND 
UNDISBURSED
FEDERAL
GRANTS.—Not later 
than 1 year after the date of enactment of this 
Act, the Director shall promulgate procedures 
requiring the head of each agency to promptly 
conduct a closeout of each Federal grant award. 
(C) RELATED REPORTS.—In promulgating 
the procedures required under subparagraph 
(B), the Director shall consider the rec-
ommendations and data in the reports required 
to be submitted under section 2 of the Grants 
Oversight and New Efficiency Act (Public Law 
114–117; 130 Stat. 6) and section 530 of the 
Commerce, Justice, Science, and Related Agen-
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cies Appropriations Act, 2016 (Public Law 
114–113; 129 Stat. 2329), and similar reports. 
(D) EXPIRATION.—The procedures re-
quired under subparagraph (B) shall expire 4 
years after the date on which the procedures 
are promulgated. 
(i) CONFORMING AMENDMENT.—Section 202(7) of 
the Help America Vote Act of 2002 (52 U.S.C. 20921), 
as amended by section 5, is amended by inserting ‘‘and 
carrying out the grant programs under section 7 of such 
Act’’ after ‘‘Secure Elections Act’’. 
Æ 
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