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Subtitle C—Enhancing Protections 
for United States Democratic In-
stitutions 
SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED 
STATES DEMOCRATIC INSTITUTIONS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the President, acting 
through the Secretary, in consultation with the Chairman, 
the Secretary of Defense, the Secretary of State, the At-
torney General, the Secretary of Education, the Director 
of National Intelligence, the Chairman of the Federal 
Election Commission, and the heads of any other appro-
priate Federal agencies, shall issue a national strategy to 
protect against cyber attacks, influence operations, 
disinformation campaigns, and other activities that could 
undermine the security and integrity of United States 
democratic institutions. 
(b) CONSIDERATIONS.—The national strategy re-
quired under subsection (a) shall include consideration of 
the following: 
(1) The threat of a foreign state actor, foreign 
terrorist organization (as designated pursuant to 
section 219 of the Immigration and Nationality Act 
(8 U.S.C. 1189)), or a domestic actor carrying out 
a cyber attack, influence operation, disinformation
456 
campaign, or other activity aimed at undermining 
the security and integrity of United States demo-
cratic institutions. 
(2) The extent to which United States demo-
cratic institutions are vulnerable to a cyber attack, 
influence operation, disinformation campaign, or 
other activity aimed at undermining the security and 
integrity of such democratic institutions. 
(3) Potential consequences, such as an erosion 
of public trust or an undermining of the rule of law, 
that could result from a successful cyber attack, in-
fluence operation, disinformation campaign, or other 
activity aimed at undermining the security and in-
tegrity of United States democratic institutions. 
(4) Lessons learned from other governments the 
institutions of which were subject to a cyber attack, 
influence operation, disinformation campaign, or 
other activity aimed at undermining the security and 
integrity of such institutions, as well as actions that 
could be taken by the United States Government to 
bolster collaboration with foreign partners to detect, 
deter, prevent, and counter such activities. 
(5) Potential impacts, such as an erosion of 
public trust in democratic institutions, as could be
457 
associated with a successful cyber breach or other 
activity negatively affecting election infrastructure. 
(6) Roles and responsibilities of the Secretary, 
the Chairman, and the heads of other Federal enti-
ties and non-Federal entities, including chief State 
election officials and representatives of multi-state 
information sharing and analysis centers. 
(7) Any findings, conclusions, and recommenda-
tions to strengthen protections for United States 
democratic institutions that have been agreed to by 
a majority of Commission members on the National 
Commission to Protect United States Democratic 
Institutions, authorized pursuant to section 3202. 
(c) IMPLEMENTATION PLAN.—Not later than 90 
days after the issuance of the national strategy required 
under subsection (a), the President, acting through the 
Secretary, in coordination with the Chairman, shall issue 
an implementation plan for Federal efforts to implement 
such strategy that includes the following: 
(1) Strategic objectives and corresponding 
tasks. 
(2) Projected timelines and costs for the tasks 
referred to in paragraph (1). 
(3) Metrics to evaluate performance of such 
tasks.
458 
(d) CLASSIFICATION.—The national strategy re-
quired under subsection (a) shall be in unclassified form. 
(e) CIVIL RIGHTS REVIEW.—Not later than 60 days 
after the issuance of the national strategy required under 
subsection (a), and not later than 60 days after the 
issuance of the implementation plan required under sub-
section (c), the Privacy and Civil Liberties Oversight 
Board (established under section 1061 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 
2000ee)) shall submit to Congress a report on any poten-
tial privacy and civil liberties impacts of such strategy and 
implementation plan, respectively. 
SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED 
STATES DEMOCRATIC INSTITUTIONS. 
(a) ESTABLISHMENT.—There is established within 
the legislative branch the National Commission to Protect 
United States Democratic Institutions (in this section re-
ferred to as the ‘‘Commission’’). 
(b) PURPOSE.—The purpose of the Commission is to 
counter efforts to undermine democratic institutions with-
in the United States. 
(c) COMPOSITION.— 
(1) MEMBERSHIP.—The Commission shall be 
composed of 10 members appointed for the life of 
the Commission as follows:
459 
(A) One member shall be appointed by the 
Secretary. 
(B) One member shall be appointed by the 
Chairman. 
(C) Two members shall be appointed by 
the majority leader of the Senate, in consulta-
tion with the Chairman of the Committee on 
Homeland Security and Governmental Affairs, 
the Chairman of the Committee on the Judici-
ary, and the Chairman of the Committee on 
Rules and Administration. 
(D) Two members shall be appointed by 
the minority leader of the Senate, in consulta-
tion with the ranking minority member of the 
Committee on Homeland Security and Govern-
mental Affairs, the ranking minority member of 
the Committee on the Judiciary, and the rank-
ing minority member of the Committee on 
Rules and Administration. 
(E) Two members shall be appointed by 
the Speaker of the House of Representatives, in 
consultation with the Chairman of the Com-
mittee on Homeland Security, the Chairman of 
the Committee on House Administration, and
461 
(5) VACANCIES.—A vacancy on the Commission 
shall not affect its powers and shall be filled in the 
manner in which the original appointment was 
made. The appointment of the replacement member 
shall be made not later than 60 days after the date 
on which the vacancy occurs. 
(d) CHAIR AND VICE CHAIR.—The Commission shall 
elect a Chair and Vice Chair from among its members. 
(e) QUORUM AND MEETINGS.— 
(1) QUORUM.—The Commission shall meet and 
begin the operations of the Commission not later 
than 30 days after the date on which all members 
have been appointed or, if such meeting cannot be 
mutually agreed upon, on a date designated by the 
Speaker of the House of Representatives and the 
President pro Tempore of the Senate. Each subse-
quent meeting shall occur upon the call of the Chair 
or a majority of its members. A majority of the 
members of the Commission shall constitute a 
quorum, but a lesser number may hold meetings. 
(2) AUTHORITY OF INDIVIDUALS TO ACT FOR 
COMMISSION.—Any member of the Commission may, 
if authorized by the Commission, take any action 
that the Commission is authorized to take under this 
section.
462 
(f) POWERS.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion (or, on the authority of the Commission, any 
subcommittee or member thereof) may, for the pur-
pose of carrying out this section, hold hearings and 
sit and act at such times and places, take such testi-
mony, receive such evidence, and administer such 
oaths as the Commission considers advisable to 
carry out its duties. 
(2) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
appropriation Acts, enter into contracts to enable 
the Commission to discharge its duties under this 
section. 
(g) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance provided under paragraph 
(1), the Department of Homeland Security, the 
Election Assistance Commission, and other appro-
priate departments and agencies of the United
463 
States shall provide to the Commission such serv-
ices, funds, facilities, and staff as they may deter-
mine advisable and as may be authorized by law. 
(h) PUBLIC MEETINGS.—Any public meetings of the 
Commission shall be conducted in a manner consistent 
with the protection of information provided to or developed 
for or by the Commission as required by any applicable 
statute, regulation, or Executive order. 
(i) SECURITY CLEARANCES.— 
(1) IN
GENERAL.—The heads of appropriate 
departments and agencies of the executive branch 
shall cooperate with the Commission to expeditiously 
provide Commission members and staff with appro-
priate security clearances to the extent possible 
under applicable procedures and requirements. 
(2) PREFERENCES.—In appointing staff, ob-
taining detailees, and entering into contracts for the 
provision of services for the Commission, the Com-
mission shall give preference to individuals who have 
active security clearances. 
(j) REPORTS.— 
(1) INTERIM REPORTS.—At any time prior to 
the submission of the final report under paragraph 
(2), the Commission may submit interim reports to 
the President and Congress containing such find-
464 
ings, conclusions, and recommendations to strength-
en protections for democratic institutions in the 
United States as have been agreed to by a majority 
of the members of the Commission. 
(2) FINAL REPORT.—Not later than 18 months 
after the date of the first meeting of the Commis-
sion, the Commission shall submit to the President 
and Congress a final report containing such find-
ings, conclusions, and recommendations to strength-
en protections for democratic institutions in the 
United States as have been agreed to by a majority 
of the members of the Commission. 
(k) TERMINATION.— 
(1) IN GENERAL.—The Commission shall termi-
nate upon the expiration of the 60-day period which 
begins on the date on which the Commission submits 
the final report required under subsection (j)(2). 
(2) ADMINISTRATIVE
ACTIVITIES
PRIOR
TO 
TERMINATION.—During the 60-day period referred 
to in paragraph (1), the Commission may carry out 
such administrative activities as may be required to 
conclude its work, including providing testimony to 
committees of Congress concerning the final report 
and disseminating the final report.
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Subtitle D—Promoting Cybersecu-
rity Through Improvements in 
Election Administration 
SEC. 3301. 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 
shall provide for the testing by accredited lab-
oratories 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 guide-
lines applicable to such hardware or software
466 
(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 hard-
ware or software.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to the reg-
ularly scheduled general election for Federal office 
held in November 2022 and each succeeding regu-
larly 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 
U.S.C. 20961(b)) is amended by adding at the end the 
following new paragraph: 
‘‘(3) 
ELECTION
CYBERSECURITY
GUIDE-
LINES.—Not later than 6 months after the date of 
the enactment of this paragraph, the Development 
Committee shall issue election cybersecurity guide-
467 
lines, including standards and best practices for pro-
curing, maintaining, testing, operating, and updat-
ing election systems to prevent and deter cybersecu-
rity incidents.’’. 
(c) BLOCKCHAIN TECHNOLOGY STUDY
AND RE-
PORT.— 
(1) IN
GENERAL.—The Election Assistance 
Commission shall conduct a study with respect to 
the use of blockchain technology to enhance voter se-
curity in an election for Federal office. 
(2) REPORT.—Not later than 90 days after the 
date of enactment of this Act, the Commission shall 
submit to Congress a report on the study conducted 
under paragraph (1). 
SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS 
PART OF VOTING SYSTEMS. 
(a) INCLUSION
IN DEFINITION
OF VOTING SYS-
TEM.—Section 301(b) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(b)) is amended— 
(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
468 
(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 (d) and (d) as 
subsections (d) and (e); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this 
Act, the term ‘electronic poll book’ means the total com-
bination of mechanical, electromechanical, or electronic 
equipment (including the software, firmware, and docu-
mentation required 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 
which voters cast votes in an election for Federal of-
fice; and 
‘‘(2) to identify registered voters who are eligi-
ble 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
469 
the following: ‘‘, or, with respect to any requirements re-
lating to electronic poll books, on and after January 1, 
2022.’’. 
SEC. 3303. 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 following 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 
scheduled general election for Federal office, the chief 
State election official of a State shall submit a report to 
the Commission containing a detailed voting system usage 
plan for each jurisdiction in the State which will admin-
ister the election, including a detailed plan for the usage 
of electronic poll books and other equipment and compo-
nents of such system. 
‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2022 and each succeeding 
regularly scheduled general election for Federal office.’’.
470 
(b) 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. 3304. 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 insert-
ing ‘‘(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 pur-
poses of maintaining the clearinghouse described in para-
graph (1) of subsection (a).’’. 
SEC. 3305. EXEMPTION OF CYBERSECURITY ASSISTANCE 
FROM LIMITATIONS ON AMOUNT OF COORDI-
NATED POLITICAL PARTY EXPENDITURES. 
(a) EXEMPTION.—Section 315(d)(5) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30116(d)(5)) 
is amended— 
(1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A)’’; 
(2) by striking the period at the end and insert-
ing ‘‘, or to expenditures (whether provided as funds
471 
or provided as in-kind services) for secure informa-
tion communications technology or for a cybersecu-
rity product or service or for any other product or 
service which assists in responding to threats or har-
assment online.’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) In subparagraph (A)— 
‘‘(i) the term ‘secure information communica-
tions technology’ means a commercial-off-the-shelf 
computing device which has been configured to re-
strict unauthorized access and uses publicly-available 
baseline configurations; and 
‘‘(ii) the term ‘cybersecurity product or service’ 
means a product or service which helps an organiza-
tion to achieve the set of standards, guidelines, best 
practices, methodologies, procedures, and processes 
to cost-effectively identify, detect, protect, respond 
to, and recover from cyber risks as developed by the 
National Institute of Standards and Technology pur-
suant to subsections (c)(15) and (e) of section 2 of 
the National Institute of Standards and Technology 
Act (15 U.S.C. 272).’’.
472 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to expenditures 
made on or after the date of the enactment of this Act. 
Subtitle E—Preventing Election 
Hacking 
SEC. 3401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Prevent Election 
Hacking Act of 2021’’. 
SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary shall 
establish a program to be known as the ‘‘Election Security 
Bug Bounty Program’’ (in this subtitle referred to as the 
‘‘Program’’) to improve the cybersecurity of the systems 
used to administer elections for Federal office by facili-
tating and encouraging assessments by independent tech-
nical experts, in cooperation with State and local election 
officials and election service providers, to identify and re-
port election cybersecurity vulnerabilities. 
(b) VOLUNTARY PARTICIPATION BY ELECTION OFFI-
CIALS AND ELECTION SERVICE PROVIDERS.— 
(1) NO REQUIREMENT TO PARTICIPATE IN PRO-
GRAM.—Participation in the Program shall be en-
tirely voluntary for State and local election officials 
and election service providers.
473 
(2) ENCOURAGING PARTICIPATION AND INPUT 
FROM ELECTION OFFICIALS.—In developing the Pro-
gram, the Secretary shall solicit input from, and en-
courage participation by, State and local election of-
ficials. 
(c) ACTIVITIES FUNDED.—In establishing and car-
rying out the Program, the Secretary shall— 
(1) establish a process for State and local elec-
tion officials and election service providers to volun-
tarily participate in the Program; 
(2) designate appropriate information systems 
to be included in the Program; 
(3) provide compensation to eligible individuals, 
organizations, and companies for reports of pre-
viously unidentified security vulnerabilities within 
the information systems designated under paragraph 
(2) and establish criteria for individuals, organiza-
tions, and companies to be considered eligible for 
such compensation in compliance with Federal laws; 
(4) consult with the Attorney General on how 
to ensure that approved individuals, organizations, 
and companies that comply with the requirements of 
the Program are protected from prosecution under 
section 1030 of title 18, United States Code, and 
similar provisions of law, and from liability under