bersecurity and Infrastructure Security re-
quires. 
‘‘(C) WAIVER.— 
‘‘(i) IN GENERAL.—The Director of Cy-
bersecurity and Infrastructure Security, in 
consultation with the Director of the Na-
tional Institute of Standards and Tech-
nology, may waive one or more of the re-
quirements 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 re-
lating 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 the regularly 
scheduled election for Federal office in November 
2024, and for each subsequent election for Fed-
eral office.’’. 
(b) OTHER CYBERSECURITY REQUIREMENTS.—Sec-
tion 301(a) of such Act (52 U.S.C. 21081(a)), as amended 
by section 104, section 105, and subsection (a), is further 
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amended by adding at the end the following new para-
graphs: 
‘‘(10) PROHIBITION OF USE OF WIRELESS COM-
MUNICATIONS DEVICES IN SYSTEMS OR DEVICES.— 
‘‘(A) IN
GENERAL.—No system or device 
upon which ballot marking devices or optical 
scanners are configured, upon which ballots are 
marked by voters (except as necessary for indi-
viduals 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 con-
cealed communication device. 
‘‘(B) EFFECTIVE
DATE.—Each State and 
jurisdiction shall be required to comply with the 
requirements of this paragraph for the regularly 
scheduled election for Federal office in November 
2020, and for each subsequent election for Fed-
eral office. 
‘‘(11) PROHIBITING CONNECTION OF SYSTEM TO 
THE INTERNET.— 
‘‘(A) IN
GENERAL.—No system or device 
upon which ballot marking devices or optical 
scanners are configured, upon which ballots are 
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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 the regularly 
scheduled election for Federal office in November 
2020, and for each subsequent election for Fed-
eral office.’’. 
(c) SPECIAL CYBERSECURITY RULES FOR CERTAIN 
BALLOT MARKING DEVICES.— 
(1) IN GENERAL.—Section 301(a) of such Act 
(52 U.S.C. 21081(a)), as amended by section 104, sec-
tion 105, and subsections (a) and (b), is further 
amended by adding at the end the following new 
paragraph: 
‘‘(13) BALLOT MARKING DEVICES.— 
‘‘(A) IN GENERAL.—In the case of a voting 
system that uses a ballot marking device, the bal-
lot marking device shall be a device that— 
‘‘(i) is not capable of tabulating votes; 
‘‘(ii) except in the case of a ballot 
marking device used exclusively to comply 
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with the requirements of paragraph (3), is 
certified in accordance with section 232 as 
meeting the requirements of subparagraph 
(B); and 
‘‘(iii) 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) REQUIREMENTS.— 
‘‘(i) IN GENERAL.—A ballot marking 
device meets the requirements of this sub-
paragraph if, during a double-masked test 
conducted by a qualified independent user 
experience research laboratory (as defined 
in section 232(b)(4)) of a simulated election 
scenario which meets the requirements of 
clause (ii), there is less than a 5 percent 
chance that an ordinary voter using the de-
vice would not detect and report any dif-
ference between the vote selection printed on 
the ballot by the ballot marking device and 
the vote selection indicated by the voter. 
‘‘(ii) 
SIMULATED
ELECTION
SCE-
NARIO.—A simulated election scenario meets 
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the requirements of this clause if it is con-
ducted with— 
‘‘(I) a pool of subjects that are— 
‘‘(aa) diverse in age, gender, 
education, and physical limita-
tions; and 
‘‘(bb) representative of the 
communities in which the voting 
system will be used; and 
‘‘(II) ballots that are representa-
tive of ballots ordinarily used in the 
communities in which the voting sys-
tem will be used. 
‘‘(C) EFFECTIVE
DATE.—Each State and 
jurisdiction shall be required to comply with the 
requirements of this paragraph for the regularly 
scheduled election for Federal office in November 
2022, and for each subsequent election for Fed-
eral office.’’. 
(2) PROCEDURE FOR TESTING.— 
(A) IN GENERAL.—Subtitle B of title II of 
the Help America Vote Act of 2002 (52 U.S.C. 
20971 et seq.) is amended by adding at the end 
the following new section: 
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‘‘SEC. 232. TESTING AND CERTIFICATION OF BALLOT MARK-
ING DEVICES. 
‘‘(a) IN GENERAL.—Any State or jurisdiction which 
intends to use a ballot marking device (other than a ballot 
marking device used exclusively to comply with the require-
ments of section 301(a)(3)) in an election for Federal office 
may submit an application to the Commission for testing 
and certification under this section. 
‘‘(b) APPLICATION, ASSIGNMENT, AND TESTING.— 
‘‘(1) IN GENERAL.—An application under sub-
section (a) shall be submitted not later than 18 
months before the date of the election for Federal office 
in which the ballot marking device is intended to be 
used and shall contain such information as the Com-
mission requires. 
‘‘(2) ASSIGNMENT.—Upon receipt of an applica-
tion for testing under this section, the Commission 
shall contract with a qualified independent user expe-
rience research laboratory for the testing of whether 
the ballot marking device intended to be used by the 
State or jurisdiction meets the requirements of section 
301(a)(10)(B). 
‘‘(3) REQUIREMENTS FOR TESTING.—Any con-
tract described in paragraph (2) shall require the 
qualified independent user experience research labora-
tory to— 
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‘‘(A) not later than 30 days before testing 
begins, submit to the Commission for approval 
the protocol for the simulated election scenario 
used for testing the ballot marking device; 
‘‘(B) use only protocols approved by the 
Commission in conducting such testing; and 
‘‘(C) submit to the Commission a report on 
the results of the testing. 
‘‘(4) QUALIFIED
INDEPENDENT
USER
EXPERI-
ENCE RESEARCH LABORATORY.—For purposes of this 
section: 
‘‘(A) IN
GENERAL.—The term ‘qualified 
independent user experience research laboratory’ 
means a laboratory accredited under this sub-
section by the Election Assistance Commission in 
accordance with standards determined by the 
Commission, in consultation with the Director of 
the National Institute of Standards and Tech-
nology and the Secretary of Homeland Security. 
‘‘(B) CRITERIA.—A laboratory shall not be 
accredited under this subsection unless such lab-
oratory demonstrates that— 
‘‘(i) no employee of, or individual with 
an ownership in, such laboratory has, or 
has had during the 5 preceding years, any 
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financial relationship with a manufacturer 
of voting systems; and 
‘‘(ii) any group of individuals con-
ducting tests under this section collectively 
meet the following qualifications: 
‘‘(I) Experience designing and 
running user research studies and ex-
periments using both qualitative and 
quantitative methodologies. 
‘‘(II) Experience with voting sys-
tems. 
‘‘(c) REVIEW BY INDEPENDENT BOARD.— 
‘‘(1) IN GENERAL.—The Commission shall sub-
mit for approval to an independent review board es-
tablished under paragraph (3) the following: 
‘‘(A) Any protocol submitted to the Commis-
sion under subsection (b)(3)(A). 
‘‘(B) Any report submitted to the Commis-
sion under subsection (b)(3)(C). 
‘‘(2) FINAL APPROVAL.—Not later than the date 
that is 12 months before the date of the election for 
Federal office in which a State or jurisdiction intends 
to use the ballot marking device, the independent re-
view board shall report to the Commission on whether 
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it has approved a report submitted under paragraph 
(1)(B). 
‘‘(3) INDEPENDENT REVIEW BOARD.— 
‘‘(A) IN GENERAL.—An independent review 
board established under this paragraph shall be 
composed of 5 independent scientists appointed 
by the Commission, in consultation with the Di-
rector of the National Institute of Standards and 
Technology. 
‘‘(B) QUALIFICATIONS.—The members of the 
independent review board— 
‘‘(i) shall have expertise and relevant 
peer-reviewed publications in the following 
fields: cognitive psychology, experimental 
design, statistics, and user experience re-
search and testing; and 
‘‘(ii) may not have, or have had during 
the 5 preceding years, any financial rela-
tionship with a manufacturer of voting sys-
tems. 
‘‘(4) PUBLICATION.—The Commission shall make 
public— 
‘‘(A) any protocol approved under this sub-
section; 
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‘‘(B) any report submitted under subsection 
(b)(3)(C); and 
‘‘(C) any determination made by an inde-
pendent review board under paragraph (2). 
‘‘(d) CERTIFICATION.—If— 
‘‘(1) a ballot marking device is determined by 
the qualified independent user experience research 
laboratory to meet the requirements of section 
301(a)(7); and 
‘‘(2) the report submitted under subsection 
(b)(3)(C) is approved by a majority of the members 
of the independent review board under subsection 
(d)(2), 
then the Commission shall certify the ballot marking device. 
‘‘(e) PROHIBITION ON FEES.—The Commission may 
not charge any fee to a State or jurisdiction, a developer 
or manufacturer of a ballot marking device, or any other 
person in connection with testing and certification under 
this section.’’. 
(B) CONFORMING AMENDMENTS.— 
(i) Section 202(2) of the Help America 
Vote Act of 2002 (52 U.S.C. 20922(2)) is 
amended by inserting ‘‘and ballot marking 
devices’’ after ‘‘hardware and software’’). 
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(ii) The heading for subtitle B of title 
II of such Act is amended by inserting at 
the end‘‘; Ballot Marking Devices’’. 
(iii) The table of contents of such Act 
is amended— 
(I) by inserting ‘‘; Ballot Marking 
Devices’’ at the end of the item relating 
to subtitle B of title II; and 
(II) by inserting after the item re-
lated to section 231 the following: 
‘‘Sec. 232. Testing and certification of ballot marking devices.’’. 
SEC. 202. TESTING OF EXISTING VOTING SYSTEMS TO EN-
SURE COMPLIANCE WITH ELECTION CYBER-
SECURITY GUIDELINES AND OTHER GUIDE-
LINES. 
(a) REQUIRING TESTING OF EXISTING VOTING SYS-
TEMS.— 
(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 gen-
eral election for Federal office, the Commission 
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shall provide for the testing by accredited labora-
tories 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 ap-
plicable 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 subpara-
graph (A), the Commission determines that any 
voting system hardware or software does not 
meet the most recent guidelines applicable to 
such hardware or software issued under this Act, 
the Commission shall decertify such hardware or 
software.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall apply with respect to the regu-
larly scheduled general election for Federal office held 
in November 2020 and each succeeding regularly 
scheduled general election for Federal office. 
(b) ISSUANCE
OF CYBERSECURITY GUIDELINES
BY 
TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.— 
Section 221(b) of the Help America Vote Act of 2002 (52 
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U.S.C. 20961(b)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) ELECTION CYBERSECURITY GUIDELINES.— 
Not later than 6 months after the date of the enact-
ment of the Securing America’s Federal Elections Act, 
the Development Committee shall issue election cyber-
security guidelines, including standards and best 
practices for procuring, maintaining, testing, oper-
ating, and updating election systems to prevent and 
deter cybersecurity incidents.’’. 
SEC. 203. REQUIRING USE OF SOFTWARE AND HARDWARE 
FOR WHICH INFORMATION IS DISCLOSED BY 
MANUFACTURER. 
(a) REQUIREMENT.—Section 301(a) of the Help Amer-
ica Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by 
sections 104 and 105, is amended by adding at the end the 
following new paragraph: 
‘‘(9) REQUIRING USE OF SOFTWARE AND HARD-
WARE FOR WHICH INFORMATION IS DISCLOSED BY 
MANUFACTURER.— 
‘‘(A) REQUIRING
USE
OF
SOFTWARE
FOR 
WHICH SOURCE CODE IS DISCLOSED BY MANU-
FACTURER.— 
‘‘(i) IN GENERAL.—In the operation of 
voting systems in an election for Federal of-
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fice, 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 world-
wide, royalty-free, non-exclusive, perpetual, 
sub-licensable license to all intellectual 
property rights in such source code, except 
that the manufacturer may prohibit a per-
son who obtains the software from using the 
software in a manner that is primarily in-
tended for or directed toward commercial 
advantage or private monetary compensa-
tion that is unrelated to carrying out legiti-
mate 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 
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systems and for which the source code 
or baseline functionality is not altered. 
‘‘(B) REQUIRING USE OF HARDWARE FOR 
WHICH INFORMATION IS DISCLOSED BY MANU-
FACTURER.— 
‘‘(i) 
REQUIRING
DISCLOSURE
OF 
HARDWARE.—A State may not use a voting 
system in an election for Federal office un-
less the manufacturer of the system publicly 
discloses online the identification of the 
hardware used to operate the system. 
‘‘(ii) ADDITIONAL
DISCLOSURE
RE-
QUIREMENTS
FOR
CUSTOM
OR
ALTERED 
HARDWARE.—To the extent that the hard-
ware 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 sys-
tem publicly discloses online the com-
ponents of the hardware, the design of 
such components, and how such compo-
nents are connected in the operation of 
the system; and 
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‘‘(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 li-
cense to all intellectual property rights 
in the design of the hardware or the 
component, except that the manufac-
turer may prohibit a person who ob-
tains the design from using the design 
in a manner that is primarily in-
tended for or directed toward commer-
cial advantage or private monetary 
compensation that is unrelated to car-
rying out legitimate research or cyber-
security activity.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to elections for Federal 
office held in 2020 or any succeeding year. 
SEC. 204. 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— 
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(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 para-
graph (3); and 
(4) by inserting after paragraph (1) the fol-
lowing 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 re-
quired 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 
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which voters cast votes in an election for Federal of-
fice; and 
‘‘(2) to identify registered voters who are eligible 
to vote in an election.’’. 
(c) EFFECTIVE DATE.—Section 301(e) of such Act (52 
U.S.C. 21081(e)), as redesignated by subsection (b), is 
amended by striking the period at the end and inserting 
the following: ‘‘, or, with respect to any requirements relat-
ing to electronic poll books, on and after January 1, 2020.’’. 
SEC. 205. PRE-ELECTION REPORTS ON VOTING SYSTEM 
USAGE. 
(a) REQUIRING STATES TO SUBMIT REPORTS.—Title 
III of the Help America Vote Act of 2002 (52 U.S.C. 21081 
et seq.) is amended by inserting after section 301 the fol-
lowing new section: 
‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 
USAGE. 
‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.—Not 
later than 120 days before the date of each regularly sched-
uled general election for Federal office, the chief State elec-
tion official of a State shall submit a report to the Commis-
sion 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 
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poll books and other equipment and components of such sys-
tem. 
‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2020 and each succeeding 
regularly scheduled general election for Federal office.’’. 
(b) CONFORMING AMENDMENT RELATING
TO EN-
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 
is amended by striking ‘‘sections 301, 302, and 303’’ and 
inserting ‘‘subtitle A of title III’’. 
(c) CLERICAL AMENDMENT.—The table of contents of 
such Act is amended by inserting after the item relating 
to section 301 the following new item: 
‘‘Sec. 301A. Pre-election reports on voting system usage.’’. 
SEC. 206. STREAMLINING COLLECTION OF ELECTION IN-
FORMATION. 
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 sub-
section: 
‘‘(b) WAIVER
OF CERTAIN REQUIREMENTS.—Sub-
chapter I of chapter 35 of title 44, United States Code, shall 
not apply to the collection of information for purposes of 
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maintaining the clearinghouse described in paragraph (1) 
of subsection (a).’’. 
TITLE III—USE OF VOTING MA-
CHINES 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 section 104, section 
105, and section 203, is further amended by adding at the 
end the following new paragraph: 
‘‘(10) VOTING
MACHINE
REQUIREMENTS.—By 
not later than the date of the regularly scheduled gen-
eral election for Federal office occurring in November 
2022, each State shall seek to ensure that any voting 
machine used in such election and in any subsequent 
election for Federal office is manufactured in the 
United States.’’. 
TITLE IV—SEVERABILITY 
SEC. 401. SEVERABILITY. 
If any provision of this Act or amendment made by 
this Act, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this Act and amendments made 
by this Act, and the application of the provisions and 
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amendment to any person or circumstance, shall not be af-
fected by the holding. 
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Union Calendar No. 94 
116TH CONGRESS 
1ST SESSION 
H. R. 2722 
[Report No. 116–129, Part I] 
A BILL 
To protect elections for public office by providing 
financial support and enhanced security for the 
infrastructure used to carry out such elections, 
and for other purposes. 
JUNE 26, 2019 
Reported from the Committee on House Administration 
with an amendment 
JUNE 26, 2019 
Committee on Science, Space, and Technology dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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