‘‘(A) PROHIBITION.— 
‘‘(i) IN GENERAL.—A voting system 
used in an election for Federal office in a 
State may not at any time during the elec-
tion contain or use any election-dedicated 
voting system technology which is not de-
posited by the State (or, at the option of 
the State, by the vendor of the technology) 
with the National Software Reference Li-
brary of the National Institute of Stand-
ards and Technology prior to the date of 
the election, to be held in escrow and sub-
ject to disclosure in accordance with sub-
paragraph (B). 
‘‘(ii) EXTENSION OF DEADLINE FOR 
DEPOSIT.—If the chief State election offi-
cial certifies to the Director of the Na-
tional Institute of Standards and Tech-
nology prior to the date of the election 
that, because of a revision to the election- 
dedicated voting system technology which 
is made less than 30 days prior to the date 
of the election, the State or vendor is un-
able to deposit the technology in accord-
ance with clause (i) prior to the date of the 
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election, the voting system used in the elec-
tion may contain or use the technology if— 
‘‘(I) the chief State election offi-
cial approves the use of the technology 
for the election; and 
‘‘(II) the State or vendor deposits 
the technology in accordance with 
clause (i) not later than 1 week after 
the date of the election. 
‘‘(iii) ENFORCEMENT OF VENDOR RE-
SPONSIBILITIES.—If a State opts to re-
quire the vendor of election-dedicated vot-
ing system technology to deposit the tech-
nology in accordance with this subpara-
graph and the vendor fails to do so, the 
Attorney General may bring a civil action 
against the vendor in an appropriate dis-
trict court for such relief as may be appro-
priate, including injunctive relief or an 
order for a civil penalty in an amount not 
to exceed $500,000. 
‘‘(B) REQUIREMENT FOR DISCLOSURE AND 
LIMITATION
ON
RESTRICTING
DISCLOSURE.— 
With respect to any election-dedicated voting 
system technology which is deposited under 
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subparagraph (A), the Director of the National 
Institute of Standards and Technology shall— 
‘‘(i) hold the technology in escrow; 
and 
‘‘(ii) disclose technology and informa-
tion regarding the technology to another 
person if— 
‘‘(I) the person is a qualified per-
son described in subparagraph (C) 
who has entered into a nondisclosure 
agreement with respect to the tech-
nology which meets the requirements 
of subparagraph (D); or 
‘‘(II) the Director is permitted or 
required to disclose the technology to 
the person under the law of the appli-
cable State, in accordance with the 
terms and conditions applicable under 
such law. 
‘‘(C) QUALIFIED PERSONS DESCRIBED.— 
With respect to the disclosure of election-dedi-
cated voting system technology under subpara-
graph (B)(ii)(I), a ‘qualified person’ is any of 
the following: 
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‘‘(i) A governmental entity with re-
sponsibility for the administration of vot-
ing and election-related matters in elec-
tions for Federal office, for purposes of re-
viewing, analyzing, or reporting on the 
technology. 
‘‘(ii) If permitted under a court order, 
a party to post-election litigation chal-
lenging the result of an election or the ad-
ministration or use of the technology used 
in an election, but only to the extent per-
mitted under the terms and conditions of 
such court order. 
‘‘(iii) A person who reviews, analyzes, 
or reports on the technology solely for an 
investigation or inquiry concerning the ac-
curacy or integrity of the technology pur-
suant to clause (i) or (ii). 
‘‘(D) REQUIREMENTS
FOR
NONDISCLO-
SURE
AGREEMENTS.—A nondisclosure agree-
ment entered into with respect to an election- 
dedicated voting system technology meets the 
requirements of this subparagraph if the agree-
ment— 
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‘‘(i) is limited in scope to coverage of 
the technology disclosed under subpara-
graph (B) and any trade secrets and intel-
lectual property rights related thereto; 
‘‘(ii) does not prohibit a signatory 
from entering into other nondisclosure 
agreements to review other technologies 
under this paragraph; 
‘‘(iii) exempts from coverage both in-
formation the signatory lawfully obtained 
from another source and information in 
the public domain; 
‘‘(iv) remains in effect for not longer 
than the life of any trade secret or other 
intellectual property right related thereto; 
‘‘(v) prohibits the request or use of in-
junctions that bar a signatory from car-
rying out any activity authorized under 
subparagraph (C), including injunctions 
limited to the period prior to a judicial 
proceeding involving the technology; 
‘‘(vi) is silent as to damages awarded 
for breach of the agreement, other than a 
reference to damages available under appli-
cable law; 
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‘‘(vii) allows disclosure of evidence re-
lating to possible criminal conduct or other 
violations of law, including in response to 
a subpoena or warrant; 
‘‘(viii) allows disclosures and testi-
mony to legislative branch authorities, ju-
dicial proceedings, and executive branch in-
vestigations in response to a subpoena or 
warrant or as otherwise provided by law; 
and 
‘‘(ix) provides that the agreement 
shall be governed by the trade secret laws 
of the applicable State. 
‘‘(E) ELECTION-DEDICATED VOTING SYS-
TEM TECHNOLOGY DEFINED.—For purposes of 
this paragraph: 
‘‘(i) IN
GENERAL.—The term ‘elec-
tion-dedicated voting system technology’ 
means the following: 
‘‘(I) The source code used for the 
trusted build and the file signatures 
for the trusted build. 
‘‘(II) A complete disk image of 
the pre-build, build environment, and 
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any file signatures to validate that it 
is unmodified. 
‘‘(III) A complete disk image of 
the post-build, build environment, and 
any file signatures to validate that it 
is unmodified. 
‘‘(IV) All executable code pro-
duced by the trusted build and any 
file signatures to validate that it is 
unmodified. 
‘‘(V) Installation devices and 
software file signatures. 
‘‘(ii) EXCLUSION.—Such term does 
not include ‘commercial-off-the-shelf’ soft-
ware and hardware defined under the vol-
untary voting system guidelines adopted by 
the Commission under section 222 which 
are in effect as of the date of the election 
involved. 
‘‘(F) TRUSTED
BUILD
DEFINED.—For 
purposes of this paragraph, the term ‘trusted 
build’ means a witnessed software build in 
which source code is converted to machine-read-
able binary instructions (executable code) in a 
manner providing security measures that help 
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ensure that the executable code is a verifiable 
and faithful representation of the source code.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to elections occurring 
during 2016 or any succeeding year. 
(c) AUTHORIZATION OF APPROPRIATIONS FOR NA-
TIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 
There are authorized to be appropriated to the National 
Institute of Standards and Technology for each fiscal year 
such sums as may be necessary to enable the Institute, 
including the National Software Reference Library of the 
Institute, to carry out paragraph (7) of section 301(a) of 
the Help America Vote Act of 2002, as added by section 
2(a). 
Æ 
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