I 
117TH CONGRESS 
1ST SESSION H. R. 5358 
To direct the Secretary of Homeland Security to establish an election research 
program to test the security of election systems, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 24, 2021 
Mr. BACON introduced the following bill; which was referred to the Committee 
on House Administration, and in addition to the Committee on Homeland 
Security, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To direct the Secretary of Homeland Security to establish 
an election research program to test the security of elec-
tion systems, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ELECTION RESEARCH PROGRAM. 
(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 new section: 
VerDate Sep 11 2014 
16:35 Sep 28, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5358.IH
H5358
pamtmann on DSKBC07HB2PROD with BILLS
‘‘SEC. 2218. ELECTION RESEARCH PROGRAM. 
‘‘(a) ESTABLISHMENT
OF
ELECTION
RESEARCH 
PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this section, the 
Secretary, in coordination with the heads of election 
service providers, shall establish and administer an 
election research program to test each election sys-
tem provided by each election service provider 
(under fair, reasonable, and nondiscriminatory 
terms) on behalf of an election agency to identify po-
tentially vulnerable information. 
‘‘(2) TESTING.—In carrying out the program 
required under paragraph (1), qualified independent 
security researchers shall apply the methodology de-
veloped pursuant to paragraph (3) to each election 
system provided pursuant to paragraph (1) to iden-
tify potentially vulnerable information. 
‘‘(3) METHODOLOGY.—The Secretary, in con-
sultation with the Director, shall develop a method-
ology to be used by independent security researchers 
to test each election system provided by each election 
solution provider to identify potentially vulnerable 
information. 
‘‘(4) QUALIFICATIONS
FOR
QUALIFIED
INDE-
PENDENT
RESEARCHER.—The Secretary, in con-
VerDate Sep 11 2014 
16:35 Sep 28, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5358.IH
H5358
pamtmann on DSKBC07HB2PROD with BILLS
sultation with the Director of the Cybersecurity and 
Infrastructure Security Agency, shall establish the 
qualifications for the independent security research-
ers referred to in subsection paragraph (3). 
‘‘(b) COORDINATED VULNERABILITY DISCLOSURE 
GUIDELINES.—Not later than 180 days after the date of 
the enactment of this section, the Secretary, in consulta-
tion with the Commissioners of the Election Assistance 
Commission, cybersecurity researchers, and covered indus-
try experts, shall establish policies and procedures for the 
processing and resolution of potentially vulnerable infor-
mation relating to an election system, to the extent prac-
ticable, aligned with Standards 29147 and 30111 of the 
International Standards Organization, including— 
‘‘(1) processes for an election service provider 
to— 
‘‘(A) receive information relating to poten-
tially vulnerable information relating to an elec-
tion system; and 
‘‘(B) disseminate resolution information re-
lating to potentially vulnerable information re-
lating to an election system; and 
‘‘(2) guidance, such as the Guide to Vulner-
ability Reporting for America’s Election Administra-
tors, with respect to the information items to be pro-
VerDate Sep 11 2014 
16:35 Sep 28, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5358.IH
H5358
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(3) DIRECTOR.—The term ‘Director’ means 
the Director of the National Institute of Standards 
and Technology. 
‘‘(4) ELECTION
AGENCY.—The term ‘election 
agency’ means the Federal Election Commission. 
‘‘(5) ELECTION SERVICE PROVIDER.—The term 
‘covered election service provider’ means a private 
sector entity which develops, manufactures, sells, 
and/or implements and maintains technology that 
enables the administration of elections. Including 
but not limited to, voting systems, electronic 
pollbooks, election management systems, and voter 
registration systems. 
‘‘(6) ELECTION
SYSTEM.—The term ‘election 
system’ means— 
‘‘(A) the total combination of mechanical, 
electromechanical, or electronic equipment (in-
cluding the software, firmware, and documenta-
tion required to program, control, and support 
the equipment) that is used to— 
‘‘(i) define ballots; 
‘‘(ii) cast and count votes; 
‘‘(iii) report or display election results; 
and 
VerDate Sep 11 2014 
16:35 Sep 28, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5358.IH
H5358
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(iv) maintain and produce any audit 
trail information; and 
‘‘(B) the practices and associated docu-
mentation used to— 
‘‘(i) identify system components and 
versions of such components; 
‘‘(ii) test the system during its devel-
opment and maintenance; 
‘‘(iii) maintain records of system er-
rors and defects; 
‘‘(iv) 
determine 
specific 
system 
changes to be made to a system after the 
initial qualification of the system; and 
‘‘(v) make available any materials to 
the voter (such as notices, instructions, 
forms, or paper ballots). 
‘‘(7) POTENTIALLY
VULNERABLE
INFORMA-
TION.—The term ‘potential vulnerability informa-
tion’ means a flaw in code or design that creates a 
potential point of security compromise for an end-
point or network.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
VerDate Sep 11 2014 
16:35 Sep 28, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5358.IH
H5358
pamtmann on DSKBC07HB2PROD with BILLS
amended by inserting after the item relating to section 
2217 the following new item: 
‘‘2218. Election research program.’’. 
Æ 
VerDate Sep 11 2014 
16:35 Sep 28, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H5358.IH
H5358
pamtmann on DSKBC07HB2PROD with BILLS