ports to the Under Secretary responsible for over-
seeing critical infrastructure protection, cybersecu-
rity, and other related programs of the Department; 
(4) the Department of Justice, including the 
Federal Bureau of Investigation; 
(5) the Election Assistance Commission; and 
(6) the Office of the Director of National Intel-
ligence, the National Security Agency, and such 
other elements of the intelligence community (as de-
fined in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003)) as the Director of National 
Intelligence determines are appropriate. 
(d) OTHER DEFINITIONS.—In this section— 
(1) the term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Rules and Adminis-
tration, the Committee on Homeland Security 
and Governmental Affairs, the Select Com-
mittee on Intelligence, and the Committee on 
Foreign Relations of the Senate; and 
(B) the Committee on House Administra-
tion, the Committee on Homeland Security, the 
Permanent Select Committee on Intelligence, 
and the Committee on Foreign Affairs of the 
House of Representatives; 
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(2) the term ‘‘chief State election official’’ 
means, with respect to a State, the individual des-
ignated by the State under section 10 of the Na-
tional Voter Registration Act of 1993 (52 U.S.C. 
20509) to be responsible for coordination of the 
State’s responsibilities under such Act; 
(3) the term ‘‘election agency’’ means any com-
ponent of a State or any component of a unit of 
local government of a State that is responsible for 
administering Federal elections; 
(4) the term ‘‘Secretary’’ means the Secretary 
of Homeland Security; and 
(5) the term ‘‘State’’ has the meaning given 
such term in section 901 of the Help America Vote 
Act of 2002 (52 U.S.C. 21141). 
SEC. 3. PROCESS TO TEST FOR AND MONITOR CYBERSECU-
RITY VULNERABILITIES IN ELECTION EQUIP-
MENT. 
(a) PROCESS FOR COVERED VOTING SYSTEMS.— 
(1) IN GENERAL.—The Director of the Cyberse-
curity and Infrastructure Security Agency of the De-
partment of Homeland Security and the Election As-
sistance Commission (in consultation with the Tech-
nical Guidelines Development Committee and the 
Standards Board of the Commission), shall jointly 
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establish a voluntary process to test for and monitor 
covered 
voting 
systems 
for 
cybersecurity 
vulnerabilities. Such process shall include the fol-
lowing: 
(A) Mitigation strategies and other rem-
edies. 
(B) Notice to the Commission and appro-
priate entities of the results of testing con-
ducted pursuant to such process. 
(2) IMPLEMENTATION.—The Director shall im-
plement the process established under paragraph (1) 
at the request of the Commission. 
(b) LABELING FOR VOTING SYSTEMS.—The Commis-
sion (in consultation with the Technical Guidelines Devel-
opment Committee and the Standards Board of the Com-
mission), shall establish a process to provide for the de-
ployment of appropriate labeling available through the 
website of the Commission to indicate that covered voting 
systems passed the most recent cybersecurity testing pur-
suant to the process established under subsection (a). 
(c) RULES OF CONSTRUCTION.—The process estab-
lished under subsection (a), including the results of any 
testing carried out pursuant to this section, shall not af-
fect— 
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(1) the certification status of equipment used in 
the administration of an election for Federal office 
under the Help America Vote Act of 2002; or 
(2) the authority of the Commission to so cer-
tify such equipment under such Act. 
(d) DEFINITION.—In this section, the term ‘‘covered 
voting systems’’ means equipment used in the administra-
tion of an election for Federal office that is certified in 
accordance with versions of Voluntary Voting System 
Guidelines under the Help America Vote Act of 2002 
under which such equipment is not required to be tested 
for cybersecurity vulnerabilities. 
SEC. 4. DUTY OF SECRETARY OF HOMELAND SECURITY TO 
NOTIFY STATE AND LOCAL OFFICIALS OF 
ELECTION CYBERSECURITY INCIDENTS. 
(a) DUTY TO SHARE INFORMATION WITH DEPART-
MENT OF HOMELAND SECURITY.—If a Federal entity re-
ceives information about an election cybersecurity inci-
dent, the Federal entity shall promptly share that infor-
mation with the Department of Homeland Security, unless 
the head of the entity (or a Senate-confirmed official des-
ignated by the head) makes a specific determination in 
writing that there is good cause to withhold the particular 
information. 
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(b) RESPONSE TO RECEIPT OF INFORMATION BY 
SECRETARY OF HOMELAND SECURITY.— 
(1) IN GENERAL.—Upon receiving information 
about an election cybersecurity incident under sub-
section (a), the Secretary of Homeland Security, in 
consultation with the Attorney General, the Director 
of the Federal Bureau of Investigation, and the Di-
rector of National Intelligence, shall promptly (but 
in no case later than 96 hours after receiving the in-
formation) review the information and make a deter-
mination whether each of the following apply: 
(A) There is credible evidence that the in-
cident occurred. 
(B) There is a basis to believe that the in-
cident resulted, could have resulted, or could re-
sult in voter information systems or voter tab-
ulation systems being altered or otherwise af-
fected. 
(2) DUTY TO NOTIFY STATE AND LOCAL OFFI-
CIALS.— 
(A) DUTY DESCRIBED.—If the Secretary 
makes a determination under paragraph (1) 
that subparagraphs (A) and (B) of such para-
graph apply with respect to an election cyberse-
curity incident, not later than 96 hours after 
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making the determination, the Secretary shall 
provide a notification of the incident to each of 
the following: 
(i) The chief executive of the State in-
volved. 
(ii) The State election official of the 
State involved. 
(iii) The local election official of the 
election agency involved. 
(B) TREATMENT OF CLASSIFIED INFORMA-
TION.— 
(i) EFFORTS TO AVOID INCLUSION OF 
CLASSIFIED
INFORMATION.—In preparing 
a notification provided under this para-
graph to an individual described in clause 
(i), (ii), or (iii) of subparagraph (A), the 
Secretary shall attempt to avoid the inclu-
sion of classified information. 
(ii) PROVIDING GUIDANCE TO STATE 
AND
LOCAL
OFFICIALS.—To the extent 
that a notification provided under this 
paragraph to an individual described in 
clause (i), (ii), or (iii) of subparagraph (A) 
includes classified information, the Sec-
retary (in consultation with the Attorney 
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cation under paragraph (2) not later than 96 
hours after making such revised determination. 
(4) COORDINATION
WITH
ELECTION
ASSIST-
ANCE COMMISSION.—The Secretary shall make de-
terminations and provide notifications under this 
subsection in the same manner, and subject to the 
same terms and conditions relating to the role of the 
Election Assistance Commission, in which the Direc-
tor of the Cybersecurity and Infrastructure Security 
Agency of the Department of Homeland Security 
makes determinations as to the necessity of an advi-
sory and the issuance of an advisory under section 
3(a) and the provision of notification under section 
3(b). 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELECTION
AGENCY.—The term ‘‘election 
agency’’ means any component of a State, or any 
component of a unit of local government in a State, 
which is responsible for the administration of elec-
tions for Federal office in the State. 
(2) ELECTION
CYBERSECURITY
INCIDENT.— 
The term ‘‘election cybersecurity incident’’ means an 
occurrence that actually or imminently jeopardizes, 
without lawful authority, the integrity, confiden-
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tiality, or availability of information on an informa-
tion system of election infrastructure (including a 
vote tabulation system), or actually or imminently 
jeopardizes, without lawful authority, such an infor-
mation system of election infrastructure. 
(3) FEDERAL ELECTION.—The term ‘‘Federal 
election’’ means any election (as defined in section 
301(1) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101(1))) for Federal office (as 
defined in section 301(3) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101(3))). 
(4) FEDERAL ENTITY.—The term ‘‘Federal en-
tity’’ means any agency (as defined in section 551 
of title 5, United States Code). 
(5) LOCAL
ELECTION
OFFICIAL.—The term 
‘‘local election official’’ means the chief election offi-
cial of a component of a unit of local government of 
a State that is responsible for administering Federal 
elections. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(7) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American 
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Samoa, the Commonwealth of Northern Mariana Is-
lands, and the United States Virgin Islands. 
(8) STATE
ELECTION
OFFICIAL.—The term 
‘‘State election official’’ means— 
(A) the chief State election official of a 
State designated under section 10 of the Na-
tional Voter Registration Act of 1993 (52 
U.S.C. 20509); or 
(B) in the case of Puerto Rico, Guam, 
American Samoa, the Northern Mariana Is-
lands, and the United States Virgin Islands, a 
chief State election official designated by the 
State for purposes of this Act. 
(d) EFFECTIVE DATE.—This section shall apply with 
respect to information about an election cybersecurity inci-
dent which is received on or after the date of the enact-
ment of this Act. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in this Act may be construed as authorizing 
the Secretary of Homeland Security to carry out the ad-
ministration of an election for Federal office. 
Æ 
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