400 
(c), the independent redistricting commission of a 
State under this part shall develop and publish a 
preliminary redistricting plan. 
(2) MINIMUM PUBLIC HEARINGS AND OPPOR-
TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— 
(A) 2 HEARINGS REQUIRED.—Prior to de-
veloping a preliminary redistricting plan under 
this subsection, the commission shall hold not 
fewer than 2 public hearings at which members 
of the public may provide input and comments 
regarding the potential contents of redistricting 
plans for the State and the process by which 
the commission will develop the preliminary 
plan under this subsection. 
(B) NOTICE
PRIOR
TO
HEARINGS.—The 
commission shall provide for the publication of 
notices of each hearing held under this para-
graph, including in newspapers of general cir-
culation throughout the State. Each such notice 
shall specify the date, time, and location of the 
hearing. 
(C) SUBMISSION OF PLANS AND MAPS BY 
MEMBERS
OF
THE
PUBLIC.—Any member of 
the public may submit maps or portions of 
maps for consideration by the commission.
401 
(3) PUBLICATION OF PRELIMINARY PLAN.—The 
commission shall provide for the publication of the 
preliminary redistricting plan developed under this 
subsection, including in newspapers of general cir-
culation throughout the State, and shall make pub-
licly available a report that includes the commis-
sion’s responses to any public comments received 
under this subsection. 
(4) PUBLIC COMMENT AFTER PUBLICATION.— 
The commission shall accept and consider comments 
from the public with respect to the preliminary re-
districting plan published under paragraph (3), in-
cluding proposed revisions to maps, until 14 days 
before the date of the meeting under subsection 
(c)(2) at which the members of the commission shall 
vote on approving the final redistricting plan for en-
actment into law. 
(5) POST-PUBLICATION HEARINGS.— 
(A) 2 HEARINGS REQUIRED.—After pub-
lishing the preliminary redistricting plan under 
paragraph (3), and not later than 14 days be-
fore the date of the meeting under subsection 
(c)(2) at which the members of the commission 
shall vote on approving the final redistricting 
plan for enactment into law, the commission
402 
shall hold not fewer than 2 public hearings in 
different geographic areas of the State at which 
members of the public may provide input and 
comments regarding the preliminary plan. 
(B) NOTICE
PRIOR
TO
HEARINGS.—The 
commission shall provide for the publication of 
notices of each hearing held under this para-
graph, including in newspapers of general cir-
culation throughout the State. Each such notice 
shall specify the date, time, and location of the 
hearing. 
(6) 
PERMITTING
MULTIPLE
PRELIMINARY 
PLANS.—At the option of the commission, after de-
veloping and publishing the preliminary redistricting 
plan under this subsection, the commission may de-
velop and publish subsequent preliminary redis-
tricting plans, so long as the process for the develop-
ment and publication of each such subsequent plan 
meets the requirements set forth in this subsection 
for the development and publication of the first pre-
liminary redistricting plan. 
(c) PROCESS FOR ENACTMENT OF FINAL REDIS-
TRICTING PLAN.— 
(1) IN GENERAL.—After taking into consider-
ation comments from the public on any preliminary
403 
redistricting plan developed and published under 
subsection (b), the independent redistricting commis-
sion of a State under this part shall develop and 
publish a final redistricting plan for the State. 
(2) MEETING; FINAL VOTE.—Not later than the 
deadline specified in subsection (e), the commission 
shall hold a public hearing at which the members of 
the commission shall vote on approving the final 
plan for enactment into law. 
(3) PUBLICATION OF PLAN AND ACCOMPANYING 
MATERIALS.—Not fewer than 14 days before the 
date of the meeting under paragraph (2), the com-
mission shall make the following information to the 
public, including through newspapers of general cir-
culation throughout the State: 
(A) The final redistricting plan, including 
all relevant maps. 
(B) A report by the commission to accom-
pany the plan which provides the background 
for the plan and the commission’s reasons for 
selecting the plan as the final redistricting plan, 
including responses to the public comments re-
ceived on any preliminary redistricting plan de-
veloped and published under subsection (b).
404 
(C) Any dissenting or additional views with 
respect to the plan of individual members of the 
commission. 
(4) ENACTMENT.—The final redistricting plan 
developed and published under this subsection shall 
be deemed to be enacted into law upon the expira-
tion of the 45-day period which begins on the date 
on which— 
(A) such final plan is approved by a major-
ity of the whole membership of the commission; 
and 
(B) at least one member of the commission 
appointed from each of the categories of the ap-
proved selection pool described in section 
2452(b)(1) approves such final plan. 
(d) WRITTEN EVALUATION OF PLAN AGAINST EX-
TERNAL METRICS.—The independent redistricting com-
mission of a State under this part shall include with each 
redistricting plan developed and published under this sec-
tion a written evaluation that measures each such plan 
against external metrics which cover the criteria set forth 
section 2403(a), including the impact of the plan on the 
ability of communities of color to elect candidates of 
choice, measures of partisan fairness using multiple ac-
405 
cepted methodologies, and the degree to which the plan 
preserves or divides communities of interest. 
(e) DEADLINE.—The independent redistricting com-
mission of a State under this part shall approve a final 
redistricting plan for the State not later than November 
15, 2021. 
SEC. 2454. ESTABLISHMENT OF RELATED ENTITIES. 
(a) ESTABLISHMENT
OR DESIGNATION
OF NON-
PARTISAN AGENCY OF STATE LEGISLATURE.— 
(1) IN GENERAL.—Each State shall establish a 
nonpartisan agency in the legislative branch of the 
State government to appoint the members of the 
independent redistricting commission for the State 
under this part in accordance with section 2451. 
(2) NONPARTISANSHIP DESCRIBED.—For pur-
poses of this subsection, an agency shall be consid-
ered to be nonpartisan if under law the agency— 
(A) is required to provide services on a 
nonpartisan basis; 
(B) is required to maintain impartiality; 
and 
(C) is prohibited from advocating for the 
adoption or rejection of any legislative proposal. 
(3) DESIGNATION
OF
EXISTING
AGENCY.—At 
its option, a State may designate an existing agency
406 
in the legislative branch of its government to appoint 
the members of the independent redistricting com-
mission plan for the State under this subtitle, so 
long as the agency meets the requirements for non-
partisanship under this subsection. 
(4) TERMINATION
OF
AGENCY
SPECIFICALLY 
ESTABLISHED FOR REDISTRICTING.—If a State does 
not designate an existing agency under paragraph 
(3) but instead establishes a new agency to serve as 
the nonpartisan agency under this section, the new 
agency shall terminate upon the enactment into law 
of the redistricting plan for the State. 
(5) PRESERVATION
OF
RECORDS.—The State 
shall ensure that the records of the nonpartisan 
agency are retained in the appropriate State archive 
in such manner as may be necessary to enable the 
State to respond to any civil action brought with re-
spect to congressional redistricting in the State. 
(6) DEADLINE.—The State shall meet the re-
quirements of this subsection not later than June 1, 
2021. 
(b) ESTABLISHMENT OF SELECT COMMITTEE ON RE-
DISTRICTING.— 
(1) IN GENERAL.—Each State shall appoint a 
Select Committee on Redistricting to approve or dis-
407 
approve a selection pool developed by the inde-
pendent redistricting commission for the State under 
this part under section 2452. 
(2) APPOINTMENT.—The Select Committee on 
Redistricting for a State under this subsection shall 
consist of the following members: 
(A) One member of the upper house of the 
State legislature, who shall be appointed by the 
leader of the party with the greatest number of 
seats in the upper house. 
(B) One member of the upper house of the 
State legislature, who shall be appointed by the 
leader of the party with the second greatest 
number of seats in the upper house. 
(C) One member of the lower house of the 
State legislature, who shall be appointed by the 
leader of the party with the greatest number of 
seats in the lower house. 
(D) One member of the lower house of the 
State legislature, who shall be appointed by the 
leader of the party with the second greatest 
number of seats in the lower house. 
(3) SPECIAL RULE FOR STATES WITH UNICAM-
ERAL LEGISLATURE.—In the case of a State with a 
unicameral legislature, the Select Committee on Re-
408 
districting for the State under this subsection shall 
consist of the following members: 
(A) Two members of the State legislature 
appointed by the chair of the political party of 
the State whose candidate received the highest 
percentage of votes in the most recent State-
wide election for Federal office held in the 
State. 
(B) Two members of the State legislature 
appointed by the chair of the political party 
whose candidate received the second highest 
percentage of votes in the most recent State-
wide election for Federal office held in the 
State. 
(4) DEADLINE.—The State shall meet the re-
quirements of this subsection not later than June 
15, 2021. 
(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to prohibit the leader 
of any political party in a legislature from appoint-
ment to the Select Committee on Redistricting.
409 
SEC. 2455. REPORT ON DIVERSITY OF MEMBERSHIPS OF 
INDEPENDENT 
REDISTRICTING 
COMMIS-
SIONS. 
Not later than November 15, 2021, the Comptroller 
General of the United States shall submit to Congress a 
report on the extent to which the memberships of inde-
pendent redistricting commissions for States established 
under this part with respect to the immediately preceding 
year ending in the numeral zero meet the diversity require-
ments as provided for in sections 2451(a)(2)(B) and 
2452(b)(2). 
Subtitle F—Saving Eligible Voters 
From Voter Purging 
SEC. 2501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Stop Automatically 
Voiding Eligible Voters Off Their Enlisted Rolls in States 
Act’’ or the ‘‘SAVE VOTERS Act’’. 
SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM 
LIST OF REGISTERED VOTERS. 
(a) CONDITIONS DESCRIBED.—The National Voter 
Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 
amended by inserting after section 8 the following new 
section:
410 
‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM 
OFFICIAL LIST OF REGISTERED VOTERS. 
‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND 
RELIABLE EVIDENCE OF INELIGIBILITY.— 
‘‘(1) 
REQUIRING
VERIFICATION.—Notwith-
standing any other provision of this Act, a State 
may not remove the name of any registrant from the 
official list of voters eligible to vote in elections for 
Federal office in the State unless the State verifies, 
on the basis of objective and reliable evidence, that 
the registrant is ineligible to vote in such elections. 
‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE 
AND RELIABLE EVIDENCE OF INELIGIBILITY.—For 
purposes of paragraph (1), the following factors, or 
any combination thereof, shall not be treated as ob-
jective and reliable evidence of a registrant’s ineligi-
bility to vote: 
‘‘(A) The failure of the registrant to vote 
in any election. 
‘‘(B) The failure of the registrant to re-
spond to any notice sent under section 8(d), un-
less the notice has been returned as undeliver-
able. 
‘‘(C) The failure of the registrant to take 
any other action with respect to voting in any
411 
election or with respect to the registrant’s sta-
tus as a registrant. 
‘‘(b) NOTICE AFTER REMOVAL.— 
‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 
‘‘(A) IN
GENERAL.—Not later than 48 
hours after a State removes the name of a reg-
istrant from the official list of eligible voters for 
any reason (other than the death of the reg-
istrant), the State shall send notice of the re-
moval to the former registrant, and shall in-
clude in the notice the grounds for the removal 
and information on how the former registrant 
may contest the removal or be reinstated, in-
cluding a telephone number for the appropriate 
election official. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
does not apply in the case of a registrant— 
‘‘(i) who sends written confirmation to 
the State that the registrant is no longer 
eligible to vote in the registrar’s jurisdic-
tion in which the registrant was registered; 
or 
‘‘(ii) who is removed from the official 
list of eligible voters by reason of the death 
of the registrant.
412 
‘‘(2) PUBLIC NOTICE.—Not later than 48 hours 
after conducting any general program to remove the 
names of ineligible voters from the official list of eli-
gible voters (as described in section 8(a)(4)), the 
State shall disseminate a public notice through such 
methods as may be reasonable to reach the general 
public (including by publishing the notice in a news-
paper of wide circulation or posting the notice on the 
websites of the appropriate election officials) that 
list maintenance is taking place and that registrants 
should check their registration status to ensure no 
errors or mistakes have been made. The State shall 
ensure that the public notice disseminated under this 
paragraph is in a format that is reasonably conven-
ient and accessible to voters with disabilities, includ-
ing voters who have low vision or are blind.’’. 
(b) CONDITIONS FOR TRANSMISSION OF NOTICES OF 
REMOVAL.—Section 8(d) of such Act (52 U.S.C. 
20507(d)) is amended by adding at the end the following 
new paragraph: 
‘‘(4) A State may not transmit a notice to a 
registrant under this subsection unless the State ob-
tains objective and reliable evidence (in accordance 
with the standards for such evidence which are de-
scribed in section 8A(a)(2)) that the registrant has
413 
changed residence to a place outside the registrar’s 
jurisdiction in which the registrant is registered.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) NATIONAL VOTER REGISTRATION ACT OF 
1993.—Section 8(a) of such Act (52 U.S.C. 
20507(a)) is amended— 
(A) in paragraph (3), by striking ‘‘pro-
vide’’ and inserting ‘‘subject to section 8A, pro-
vide’’; and 
(B) in paragraph (4), by striking ‘‘con-
duct’’ and inserting ‘‘subject to section 8A, con-
duct’’. 
(2) HELP AMERICA VOTE ACT OF 2002.—Section 
303(a)(4)(A) of the Help America Vote Act of 2002 
(52 U.S.C. 21083(a)(4)(A)) is amended by striking 
‘‘, registrants’’ and inserting ‘‘, and subject to sec-
tion 8A of such Act, registrants’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act.
414 
Subtitle G—No Effect on Authority 
of States To Provide Greater 
Opportunities for Voting 
SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PRO-
VIDE GREATER OPPORTUNITIES FOR VOT-
ING. 
Nothing in this title or the amendments made by this 
title may be construed to prohibit any State from enacting 
any law which provides greater opportunities for individ-
uals to register to vote and to vote in elections for Federal 
office than are provided by this title and the amendments 
made by this title. 
Subtitle H—Residence of 
Incarcerated Individuals 
SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS. 
Section 141 of title 13, United States Code, is 
amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g)(1) Effective beginning with the 2020 decennial 
census of population, in taking any tabulation of total pop-
ulation by States under subsection (a) for purposes of the 
apportionment of Representatives in Congress among the
415 
several States, the Secretary shall, with respect to an indi-
vidual incarcerated in a State, Federal, county, or munic-
ipal correctional center as of the date on which such cen-
sus is taken, attribute such individual to such individual’s 
last place of residence before incarceration. 
‘‘(2) In carrying out this subsection, the Secretary 
shall consult with each State department of corrections to 
collect the information necessary to make the determina-
tion required under paragraph (1).’’. 
Subtitle I—Findings Relating to 
Youth Voting 
SEC. 2801. FINDINGS RELATING TO YOUTH VOTING. 
Congress finds the following: 
(1) The right to vote is a fundamental right of 
citizens of the United States. 
(2) The twenty-sixth amendment of the United 
States Constitution guarantees that ‘‘The right of 
citizens of the United States, who are eighteen years 
of age or older, to vote shall not be denied or 
abridged by the United States or by any State on 
account of age.’’. 
(3) The twenty-sixth amendment of the United 
States Constitution grants Congress the power to 
enforce the amendment by appropriate legislation.
416 
(4) The language of the twenty-sixth amend-
ment closely mirrors that of the fifteenth amend-
ment and the nineteenth amendment. Like those 
amendments, the twenty-sixth amendment not only 
prohibits denial of the right to vote but also pro-
hibits any actions that abridge the right to vote. 
(5) Youth voter suppression undercuts partici-
pation in our democracy by introducing arduous ob-
stacles to new voters and discouraging a culture of 
democratic engagement. 
(6) Voting is habit forming, and allowing youth 
voters unobstructed access to voting ensures that 
more Americans will start a life-long habit of voting 
as soon as possible. 
(7) Youth voter suppression is a clear, per-
sistent, and growing problem. The actions of States 
and political subdivisions resulting in at least four 
findings of twenty-sixth amendment violations as 
well as pending litigation demonstrate the need for 
Congress to take action to enforce the twenty-sixth 
amendment. 
(8) In League of Women Voters of Florida, Inc. 
v. Detzner (2018), the United States District Court 
in the Northern District of Florida found that the 
Secretary of State’s actions that prevented in-person
417 
early voting sites from being located on university 
property revealed a stark pattern of discrimination 
that was unexplainable on grounds other than age 
and thus violated university students’ twenty-sixth 
Amendment rights. 
(9) In 2019, Michigan agreed to a settlement to 
enhance college-age voters’ access after a twenty- 
sixth amendment challenge was filed in federal 
court. The challenge prompted the removal of a 
Michigan voting law which required first time voters 
who registered by mail or through a third-party 
voter registration drive to vote in person for the first 
time, as well as the removal of another law which re-
quired the address listed on a voter’s driver license 
to match the address listed on their voter registra-
tion card. 
(10) Youth voter suppression tactics are often 
linked to other tactics aimed at minority voters. For 
example, students at Prairie View A&M University 
(PVAMU), a historically black university in Texas, 
have been the targets of voter suppression tactics for 
decades. Before the 2018 election, PVAMU students 
sued Waller County on the basis of both racial and 
age discrimination over the County’s failure to en-
sure equal early voting opportunities for students,
418 
spurring the County to reverse course and expand 
early voting access for students. 
(11) The more than 25 million United States 
citizens ages 18-24 deserve equal opportunity to par-
ticipate in the electoral process as guaranteed by the 
twenty-sixth amendment. 
Subtitle J—Severability 
SEC. 2901. SEVERABILITY. 
If any provision of this title or amendment made by 
this title, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this title and amendments made 
by this title, and the application of the provisions and 
amendment to any person or circumstance, shall not be 
affected by the holding. 
TITLE III—ELECTION SECURITY 
Sec. 3000. Short title; sense of Congress. 
Subtitle A—Financial Support for Election Infrastructure 
PART 1—VOTING SYSTEM SECURITY IMPROVEMENT GRANTS 
Sec. 3001. Grants for obtaining compliant paper ballot voting systems and car-
rying out voting system security improvements. 
Sec. 3002. Coordination of voting system security activities with use of require-
ments payments and election administration requirements 
under Help America Vote Act of 2002. 
Sec. 3003. Incorporation of definitions. 
PART 2—GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS 
Sec. 3011. Grants to States for conducting risk-limiting audits of results of 
elections. 
Sec. 3012. GAO analysis of effects of audits. 
PART 3—ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM 
Sec. 3021. Election infrastructure innovation grant program.
419 
Subtitle B—Security Measures 
Sec. 3101. Election infrastructure designation. 
Sec. 3102. Timely threat information. 
Sec. 3103. Security clearance assistance for election officials. 
Sec. 3104. Security risk and vulnerability assessments. 
Sec. 3105. Annual reports. 
Sec. 3106. Pre-election threat assessments. 
Subtitle C—Enhancing Protections for United States Democratic Institutions 
Sec. 3201. National strategy to protect United States democratic institutions. 
Sec. 3202. National Commission to Protect United States Democratic Institu-
tions. 
Subtitle D—Promoting Cybersecurity Through Improvements in Election 
Administration 
Sec. 3301. Testing of existing voting systems to ensure compliance with election 
cybersecurity guidelines and other guidelines. 
Sec. 3302. Treatment of electronic poll books as part of voting systems. 
Sec. 3303. Pre-election reports on voting system usage. 
Sec. 3304. Streamlining collection of election information. 
Sec. 3305. Exemption of cybersecurity assistance from limitations on amount of 
coordinated political party expenditures. 
Subtitle E—Preventing Election Hacking 
Sec. 3401. Short title. 
Sec. 3402. Election Security Bug Bounty Program. 
Subtitle F—Election Security Grants Advisory Committee 
Sec. 3501. Establishment of advisory committee. 
Subtitle G—Miscellaneous Provisions 
Sec. 3601. Definitions. 
Sec. 3602. Initial report on adequacy of resources available for implementation. 
Subtitle H—Use of Voting Machines Manufactured in the United States 
Sec. 3701. Use of voting machines manufactured in the United States. 
Subtitle I—Study and Report on Bots 
Sec. 3801. Short title. 
Sec. 3802. Task Force. 
Sec. 3803. Study and Report. 
Subtitle J—Severability 
Sec. 3901. Severability. 
SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Election Security Act’’.
420 
(b) SENSE OF CONGRESS ON NEED TO IMPROVE 
ELECTION INFRASTRUCTURE SECURITY.—It is the sense 
of Congress that, in light of the lessons learned from Rus-
sian interference in the 2016 Presidential election, the 
Federal Government should intensify its efforts to improve 
the security of election infrastructure in the United States, 
including through the use of individual, durable, paper 
ballots marked by the voter by hand. 
Subtitle A—Financial Support for 
Election Infrastructure 
PART 1—VOTING SYSTEM SECURITY 
IMPROVEMENT GRANTS 
SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER 
BALLOT VOTING SYSTEMS AND CARRYING 
OUT VOTING SYSTEM SECURITY IMPROVE-
MENTS. 
(a) AVAILABILITY OF GRANTS.—Subtitle D of title 
II of the Help America Vote Act of 2002 (52 U.S.C. 
21001 et seq.), as amended by section 1622(b), is amend-
ed by adding at the end the following new part:
421 
‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT 
PAPER BALLOT VOTING SYSTEMS AND CAR-
RYING OUT VOTING SYSTEM SECURITY IM-
PROVEMENTS 
‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER 
BALLOT VOTING SYSTEMS AND CARRYING 
OUT VOTING SYSTEM SECURITY IMPROVE-
MENTS. 
‘‘(a) AVAILABILITY AND USE OF GRANT.—The Com-
mission shall make a grant to each eligible State— 
‘‘(1) to replace a voting system— 
‘‘(A) which does not meet the requirements 
which are first imposed on the State pursuant 
to the amendments made by the Voter Con-
fidence and Increased Accessibility Act of 2021 
with a voting system which does meet such re-
quirements, for use in the regularly scheduled 
general elections for Federal office held in No-
vember 2022; or 
‘‘(B) which does meet such requirements 
but which is not in compliance with the most 
recent voluntary voting system guidelines issued 
by the Commission prior to the regularly sched-
uled general election for Federal office held in 
November 2022 with another system which does
422 
meet such requirements and is in compliance 
with such guidelines; 
‘‘(2) to carry out voting system security im-
provements described in section 298A with respect 
to the regularly scheduled general elections for Fed-
eral office held in November 2022 and each suc-
ceeding election for Federal office; and 
‘‘(3) to implement and model best practices for 
ballot design, ballot instructions, and the testing of 
ballots. 
‘‘(b) AMOUNT OF GRANT.—The amount of a grant 
made to a State under this section shall be such amount 
as the Commission determines to be appropriate, except 
that such amount may not be less than the product of 
$1 and the average of the number of individuals who cast 
votes in any of the two most recent regularly scheduled 
general elections for Federal office held in the State. 
‘‘(c) PRO RATA REDUCTIONS.—If the amount of 
funds appropriated for grants under this part is insuffi-
cient to ensure that each State receives the amount of the 
grant calculated under subsection (b), the Commission 
shall make such pro rata reductions in such amounts as 
may be necessary to ensure that the entire amount appro-
priated under this part is distributed to the States.
423 
‘‘(d) SURPLUS APPROPRIATIONS.—If the amount of 
funds appropriated for grants authorized under section 
298D(a)(2) exceed the amount necessary to meet the re-
quirements of subsection (b), the Commission shall con-
sider the following in making a determination to award 
remaining funds to a State: 
‘‘(1) The record of the State in carrying out the 
following with respect to the administration of elec-
tions for Federal office: 
‘‘(A) Providing voting machines that are 
less than 10 years old. 
‘‘(B) Implementing strong chain of custody 
procedures for the physical security of voting 
equipment and paper records at all stages of 
the process. 
‘‘(C) Conducting pre-election testing on 
every voting machine and ensuring that paper 
ballots are available wherever electronic ma-
chines are used. 
‘‘(D) Maintaining offline backups of voter 
registration lists. 
‘‘(E) Providing a secure voter registration 
database that logs requests submitted to the 
database.
424 
‘‘(F) Publishing and enforcing a policy de-
tailing use limitations and security safeguards 
to protect the personal information of voters in 
the voter registration process. 
‘‘(G) Providing secure processes and proce-
dures for reporting vote tallies. 
‘‘(H) Providing a secure platform for dis-
seminating vote totals. 
‘‘(2) Evidence of established conditions of inno-
vation and reform in providing voting system secu-
rity and the proposed plan of the State for imple-
menting additional conditions. 
‘‘(3) Evidence of collaboration between relevant 
stakeholders, including local election officials, in de-
veloping the grant implementation plan described in 
section 298B. 
‘‘(4) The plan of the State to conduct a rig-
orous evaluation of the effectiveness of the activities 
carried out with the grant. 
‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO AD-
MINISTER RANKED CHOICE ELECTIONS.—To the greatest 
extent practicable, an eligible State which receives a grant 
to replace a voting system under this section shall ensure 
that the replacement system is capable of administering 
a system of ranked choice voting under which each voter
425 
shall rank the candidates for the office in the order of 
the voter’s preference. 
‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS 
DESCRIBED. 
‘‘(a) PERMITTED USES.—A voting system security 
improvement described in this section is any of the fol-
lowing: 
‘‘(1) The acquisition of goods and services from 
qualified election infrastructure vendors by purchase, 
lease, or such other arrangements as may be appro-
priate. 
‘‘(2) Cyber and risk mitigation training. 
‘‘(3) A security risk and vulnerability assess-
ment of the State’s election infrastructure which is 
carried out by a provider of cybersecurity services 
under a contract entered into between the chief 
State election official and the provider. 
‘‘(4) The maintenance of election infrastruc-
ture, including addressing risks and vulnerabilities 
which are identified under either of the security risk 
and vulnerability assessments described in para-
graph (3), except that none of the funds provided 
under this part may be used to renovate or replace 
a building or facility which is used primarily for pur-
426 
poses other than the administration of elections for 
public office. 
‘‘(5) Providing increased technical support for 
any information technology infrastructure that the 
chief State election official deems to be part of the 
State’s election infrastructure or designates as crit-
ical to the operation of the State’s election infra-
structure. 
‘‘(6) Enhancing the cybersecurity and oper-
ations of the information technology infrastructure 
described in paragraph (4). 
‘‘(7) Enhancing the cybersecurity of voter reg-
istration systems. 
‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN-
DORS DESCRIBED.— 
‘‘(1) IN GENERAL.—For purposes of this part, 
a ‘qualified election infrastructure vendor’ is any 
person who provides, supports, or maintains, or who 
seeks to provide, support, or maintain, election in-
frastructure on behalf of a State, unit of local gov-
ernment, or election agency (as defined in section 
3601 of the Election Security Act) who meets the 
criteria described in paragraph (2). 
‘‘(2) CRITERIA.—The criteria described in this 
paragraph are such criteria as the Chairman, in co-
427 
ordination with the Secretary of Homeland Security, 
shall establish and publish, and shall include each of 
the following requirements: 
‘‘(A) The vendor must be owned and con-
trolled by a citizen or permanent resident of the 
United States. 
‘‘(B) The vendor must disclose to the 
Chairman and the Secretary, and to the chief 
State election official of any State to which the 
vendor provides any goods and services with 
funds provided under this part, of any sourcing 
outside the United States for parts of the elec-
tion infrastructure. 
‘‘(C) The vendor must disclose to the 
Chairman and the Secretary, and to the chief 
State election official of any State to which the 
vendor provides any goods and services with 
funds provided under this part, the identifica-
tion of any entity or individual with a more 
than five percent ownership interest in the ven-
dor. 
‘‘(D) The vendor agrees to ensure that the 
election infrastructure will be developed and 
maintained in a manner that is consistent with
428 
the cybersecurity best practices issued by the 
Technical Guidelines Development Committee. 
‘‘(E) The vendor agrees to maintain its in-
formation technology infrastructure in a man-
ner that is consistent with the cybersecurity 
best practices issued by the Technical Guide-
lines Development Committee. 
‘‘(F) The vendor agrees to ensure that the 
election infrastructure will be developed and 
maintained in a manner that is consistent with 
the supply chain best practices issued by the 
Technical Guidelines Development Committee. 
‘‘(G) The vendor agrees to ensure that it 
has personnel policies and practices in place 
that are consistent with personnel best prac-
tices, including cybersecurity training and back-
ground checks, issued by the Technical Guide-
lines Development Committee. 
‘‘(H) The vendor agrees to ensure that the 
election infrastructure will be developed and 
maintained in a manner that is consistent with 
data integrity best practices, including require-
ments for encrypted transfers and validation, 
testing and checking printed materials for accu-
racy, and disclosure of quality control incidents,
429 
issued by the Technical Guidelines Development 
Committee. 
‘‘(I) The vendor agrees to meet the re-
quirements of paragraph (3) with respect to 
any known or suspected cybersecurity incidents 
involving any of the goods and services provided 
by the vendor pursuant to a grant under this 
part. 
‘‘(J) The vendor agrees to permit inde-
pendent security testing by the Commission (in 
accordance with section 231(a)) and by the Sec-
retary of the goods and services provided by the 
vendor pursuant to a grant under this part. 
‘‘(3) CYBERSECURITY
INCIDENT
REPORTING 
REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A vendor meets the 
requirements of this paragraph if, upon becom-
ing aware of the possibility that an election cy-
bersecurity incident has occurred involving any 
of the goods and services provided by the ven-
dor pursuant to a grant under this part— 
‘‘(i) the vendor promptly assesses 
whether or not such an incident occurred, 
and submits a notification meeting the re-
quirements of subparagraph (B) to the
430 
Secretary and the Chairman of the assess-
ment as soon as practicable (but in no case 
later than 3 days after the vendor first be-
comes aware of the possibility that the in-
cident occurred); 
‘‘(ii) if the incident involves goods or 
services provided to an election agency, the 
vendor submits a notification meeting the 
requirements of subparagraph (B) to the 
agency as soon as practicable (but in no 
case later than 3 days after the vendor 
first becomes aware of the possibility that 
the incident occurred), and cooperates with 
the agency in providing any other nec-
essary notifications relating to the inci-
dent; and 
‘‘(iii) the vendor provides all necessary 
updates to any notification submitted 
under clause (i) or clause (ii). 
‘‘(B) CONTENTS
OF
NOTIFICATIONS.— 
Each notification submitted under clause (i) or 
clause (ii) of subparagraph (A) shall contain 
the following information with respect to any 
election cybersecurity incident covered by the 
notification:
431 
‘‘(i) The date, time, and time zone 
when the election cybersecurity incident 
began, if known. 
‘‘(ii) The date, time, and time zone 
when the election cybersecurity incident 
was detected. 
‘‘(iii) The date, time, and duration of 
the election cybersecurity incident. 
‘‘(iv) The circumstances of the elec-
tion cybersecurity incident, including the 
specific election infrastructure systems be-
lieved to have been accessed and informa-
tion acquired, if any. 
‘‘(v) Any planned and implemented 
technical measures to respond to and re-
cover from the incident. 
‘‘(vi) In the case of any notification 
which is an update to a prior notification, 
any additional material information relat-
ing to the incident, including technical 
data, as it becomes available. 
‘‘SEC. 298B. ELIGIBILITY OF STATES. 
‘‘A State is eligible to receive a grant under this part 
if the State submits to the Commission, at such time and
432 
in such form as the Commission may require, an applica-
tion containing— 
‘‘(1) a description of how the State will use the 
grant to carry out the activities authorized under 
this part; 
‘‘(2) a certification and assurance that, not 
later than 5 years after receiving the grant, the 
State will carry out risk-limiting audits and will 
carry out voting system security improvements, as 
described in section 298A; and 
‘‘(3) such other information and assurances as 
the Commission may require. 
‘‘SEC. 298C. REPORTS TO CONGRESS. 
‘‘Not later than 90 days after the end of each fiscal 
year, the Commission shall submit a report to the appro-
priate congressional committees, including the Committees 
on Homeland Security, House Administration, and the Ju-
diciary of the House of Representatives and the Commit-
tees on Homeland Security and Governmental Affairs, the 
Judiciary, and Rules and Administration of the Senate, 
on the activities carried out with the funds provided under 
this part. 
‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) AUTHORIZATION.—There are authorized to be 
appropriated for grants under this part—
433 
‘‘(1) $1,000,000,000 for fiscal year 2021; and 
‘‘(2) $175,000,000 for each of the fiscal years 
2022, 2024, 2026, and 2028. 
‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 
amounts appropriated pursuant to the authorization of 
this section shall remain available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by section 1622(c), is amended 
by adding at the end of the items relating to subtitle D 
of title II the following: 
‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING 
SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS 
‘‘Sec. 298. Grants for obtaining compliant paper ballot voting systems and 
carrying out voting system security improvements. 
‘‘Sec. 298A. Voting system security improvements described. 
‘‘Sec. 298B. Eligibility of States. 
‘‘Sec. 298C. Reports to Congress. 
‘‘Sec. 298D. Authorization of appropriations.’’. 
SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY 
ACTIVITIES WITH USE OF REQUIREMENTS 
PAYMENTS AND ELECTION ADMINISTRATION 
REQUIREMENTS 
UNDER 
HELP 
AMERICA 
VOTE ACT OF 2002. 
(a) DUTIES
OF ELECTION ASSISTANCE COMMIS-
SION.—Section 202 of the Help America Vote Act of 2002 
(52 U.S.C. 20922) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘by’’ and inserting ‘‘and the security of 
election infrastructure by’’; and
434 
(2) by striking the semicolon at the end of 
paragraph (1) and inserting the following: ‘‘, and the 
development, maintenance and dissemination of cy-
bersecurity guidelines to identify vulnerabilities that 
could lead to, protect against, detect, respond to and 
recover from cybersecurity incidents;’’. 
(b) MEMBERSHIP OF SECRETARY OF HOMELAND SE-
CURITY ON BOARD OF ADVISORS OF ELECTION ASSIST-
ANCE COMMISSION.—Section 214(a) of such Act (52 
U.S.C. 20944(a)) is amended— 
(1) by striking ‘‘37 members’’ and inserting 
‘‘38 members’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(17) The Secretary of Homeland Security or 
the Secretary’s designee.’’. 
(c) REPRESENTATIVE OF DEPARTMENT OF HOME-
LAND SECURITY ON TECHNICAL GUIDELINES DEVELOP-
MENT COMMITTEE.—Section 221(c)(1) of such Act (52 
U.S.C. 20961(c)(1)) is amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph:
435 
‘‘(E) A representative of the Department 
of Homeland Security.’’. 
(d) GOALS OF PERIODIC STUDIES OF ELECTION AD-
MINISTRATION ISSUES; CONSULTATION WITH SECRETARY 
OF HOMELAND SECURITY.—Section 241(a) of such Act 
(52 U.S.C. 20981(a)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘the Commission shall’’ and inserting ‘‘the 
Commission, in consultation with the Secretary of 
Homeland Security (as appropriate), shall’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(3); 
(3) by redesignating paragraph (4) as para-
graph (5); and 
(4) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) will be secure against attempts to under-
mine the integrity of election systems by cyber or 
other means; and’’. 
(e) REQUIREMENTS PAYMENTS.— 
(1) USE OF PAYMENTS FOR VOTING SYSTEM 
SECURITY IMPROVEMENTS.—Section 251(b) of such 
Act (52 U.S.C. 21001(b)), as amended by section 
1061(a)(2), is further amended by adding at the end 
the following new paragraph:
436 
‘‘(5) PERMITTING USE OF PAYMENTS FOR VOT-
ING
SYSTEM
SECURITY
IMPROVEMENTS.—A State 
may use a requirements payment to carry out any 
of the following activities: 
‘‘(A) Cyber and risk mitigation training. 
‘‘(B) Providing increased technical support 
for any information technology infrastructure 
that the chief State election official deems to be 
part of the State’s election infrastructure or 
designates as critical to the operation of the 
State’s election infrastructure. 
‘‘(C) Enhancing the cybersecurity and op-
erations of the information technology infra-
structure described in subparagraph (B). 
‘‘(D) Enhancing the security of voter reg-
istration databases.’’. 
(2) INCORPORATION
OF
ELECTION
INFRA-
STRUCTURE PROTECTION IN STATE PLANS FOR USE 
OF PAYMENTS.—Section 254(a)(1) of such Act (52 
U.S.C. 21004(a)(1)) is amended by striking the pe-
riod at the end and inserting ‘‘, including the protec-
tion of election infrastructure.’’. 
(3) COMPOSITION OF COMMITTEE RESPONSIBLE 
FOR DEVELOPING STATE PLAN FOR USE OF PAY-
437 
MENTS.—Section 255 of such Act (52 U.S.C. 
21005) is amended— 
(A) by redesignating subsection (b) as sub-
section (c); and 
(B) by inserting after subsection (a) the 
following new subsection: 
‘‘(b) GEOGRAPHIC REPRESENTATION.—The mem-
bers of the committee shall be a representative group of 
individuals from the State’s counties, cities, towns, and 
Indian tribes, and shall represent the needs of rural as 
well as urban areas of the State, as the case may be.’’. 
(f) ENSURING
PROTECTION
OF
COMPUTERIZED 
STATEWIDE
VOTER
REGISTRATION
LIST.—Section 
303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend-
ed by striking the period at the end and inserting ‘‘, as 
well as other measures to prevent and deter cybersecurity 
incidents, as identified by the Commission, the Secretary 
of Homeland Security, and the Technical Guidelines De-
velopment Committee.’’. 
(g) SENIOR
CYBER
POLICY
ADVISOR.—Section 
204(a) of such Act (52 U.S.C. 20924(a)) is amended— 
(1) by redesignating paragraphs (5) and (6) as 
paragraphs (6) and (7); and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraph:
438 
‘‘(5) SENIOR
CYBER
POLICY
ADVISOR.—The 
Commission shall have a Senior Cyber Policy Advi-
sor, who shall be appointed by the Commission and 
who shall serve under the Executive Director, and 
who shall be the primary policy advisor to the Com-
mission on matters of cybersecurity for Federal elec-
tions.’’. 
SEC. 3003. INCORPORATION OF DEFINITIONS. 
(a) IN GENERAL.—Section 901 of the Help America 
Vote Act of 2002 (52 U.S.C. 21141), as amended by sec-
tion 1921(b)(1), is amended to read as follows: 
‘‘SEC. 901. DEFINITIONS. 
‘‘In this Act, the following definitions apply: 
‘‘(1) The term ‘cybersecurity incident’ has the 
meaning given the term ‘incident’ in section 227 of 
the Homeland Security Act of 2002 (6 U.S.C. 148). 
‘‘(2) The term ‘election infrastructure’ has the 
meaning given such term in section 3601 of the 
Election Security Act. 
‘‘(3) The term ‘State’ means each of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands.’’.
439 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by amending the item relating to 
section 901 to read as follows: 
‘‘Sec. 901. Definitions.’’. 
PART 2—GRANTS FOR RISK-LIMITING AUDITS OF 
RESULTS OF ELECTIONS 
SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIM-
ITING AUDITS OF RESULTS OF ELECTIONS. 
(a) AVAILABILITY OF GRANTS.—Subtitle D of title 
II of the Help America Vote Act of 2002 (52 U.S.C. 
21001 et seq.), as amended by sections 1622(b) and 
3001(a), is amended by adding at the end the following 
new part: 
‘‘PART 9—GRANTS FOR CONDUCTING RISK- 
LIMITING AUDITS OF RESULTS OF ELECTIONS 
‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AU-
DITS OF RESULTS OF ELECTIONS. 
‘‘(a) AVAILABILITY OF GRANTS.—The Commission 
shall make a grant to each eligible State to conduct risk- 
limiting audits as described in subsection (b) with respect 
to the regularly scheduled general elections for Federal of-
fice held in November 2022 and each succeeding election 
for Federal office. 
‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 
part, a ‘risk-limiting audit’ is a post-election process—
440 
‘‘(1) which is conducted in accordance with 
rules and procedures established by the chief State 
election official of the State which meet the require-
ments of subsection (c); and 
‘‘(2) under which, if the reported outcome of 
the election is incorrect, there is at least a predeter-
mined percentage chance that the audit will replace 
the incorrect outcome with the correct outcome as 
determined by a full, hand-to-eye tabulation of all 
votes validly cast in that election that ascertains 
voter intent manually and directly from voter- 
verifiable paper records. 
‘‘(c) REQUIREMENTS
FOR
RULES
AND
PROCE-
DURES.—The rules and procedures established for con-
ducting a risk-limiting audit shall include the following 
elements: 
‘‘(1) Rules for ensuring the security of ballots 
and documenting that prescribed procedures were 
followed. 
‘‘(2) Rules and procedures for ensuring the ac-
curacy of ballot manifests produced by election agen-
cies. 
‘‘(3) Rules and procedures for governing the 
format of ballot manifests, cast vote records, and 
other data involved in the audit.
442 
‘‘(i) The total number of ballots cast 
and counted by the agency (including 
undervotes, overvotes, and other invalid 
votes). 
‘‘(ii) The total number of ballots cast 
in each election administered by the agency 
(including undervotes, overvotes, and other 
invalid votes). 
‘‘(iii) A precise description of the 
manner in which the ballots are physically 
stored, including the total number of phys-
ical groups of ballots, the numbering sys-
tem for each group, a unique label for each 
group, and the number of ballots in each 
such group. 
‘‘(2) The term ‘incorrect outcome’ means an 
outcome that differs from the outcome that would be 
determined by a full tabulation of all votes validly 
cast in the election, determining voter intent manu-
ally, directly from voter-verifiable paper records. 
‘‘(3) The term ‘outcome’ means the winner of 
an election, whether a candidate or a position. 
‘‘(4) The term ‘reported outcome’ means the 
outcome of an election which is determined accord-
ing to the canvass and which will become the official,
443 
certified outcome unless it is revised by an audit, re-
count, or other legal process. 
‘‘SEC. 299A. ELIGIBILITY OF STATES. 
‘‘A State is eligible to receive a grant under this part 
if the State submits to the Commission, at such time and 
in such form as the Commission may require, an applica-
tion containing— 
‘‘(1) a certification that, not later than 5 years 
after receiving the grant, the State will conduct risk- 
limiting audits of the results of elections for Federal 
office held in the State as described in section 299; 
‘‘(2) a certification that, not later than one year 
after the date of the enactment of this section, the 
chief State election official of the State has estab-
lished or will establish the rules and procedures for 
conducting the audits which meet the requirements 
of section 299(c); 
‘‘(3) a certification that the audit shall be com-
pleted not later than the date on which the State 
certifies the results of the election; 
‘‘(4) a certification that, after completing the 
audit, the State shall publish a report on the results 
of the audit, together with such information as nec-
essary to confirm that the audit was conducted prop-
erly;
444 
‘‘(5) a certification that, if a risk-limiting audit 
conducted under this part leads to a full manual 
tally of an election, State law requires that the State 
or election agency shall use the results of the full 
manual tally as the official results of the election; 
and 
‘‘(6) such other information and assurances as 
the Commission may require. 
‘‘SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated for grants 
under this part $20,000,000 for fiscal year 2021, to re-
main available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by sections 1622(c) and 3001(b), 
is further amended by adding at the end of the items relat-
ing to subtitle D of title II the following: 
‘‘PART 9—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS 
OF ELECTIONS 
‘‘Sec. 299. Grants for conducting risk-limiting audits of results of elec-
tions. 
‘‘Sec. 299A. Eligibility of States. 
‘‘Sec. 299B. Authorization of appropriations.’’. 
SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. 
(a) ANALYSIS.—Not later than 6 months after the 
first election for Federal office is held after grants are 
first awarded to States for conducting risk-limiting audits 
under part 9 of subtitle D of title II of the Help America 
Vote Act of 2002 (as added by section 3011) for con-
445 
ducting risk-limiting audits of elections for Federal office, 
the Comptroller General of the United States shall con-
duct an analysis of the extent to which such audits have 
improved the administration of such elections and the se-
curity of election infrastructure in the States receiving 
such grants. 
(b) REPORT.—The Comptroller General of the 
United States shall submit a report on the analysis con-
ducted under subsection (a) to the appropriate congres-
sional committees. 
PART 3—ELECTION INFRASTRUCTURE 
INNOVATION GRANT PROGRAM 
SEC. 
3021. 
ELECTION 
INFRASTRUCTURE 
INNOVATION 
GRANT PROGRAM. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 
321. 
ELECTION 
INFRASTRUCTURE 
INNOVATION 
GRANT PROGRAM. 
‘‘(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Under Secretary for Science and Technology, 
in coordination with the Chairman of the Election Assist-
ance Commission (established pursuant to the Help Amer-
ica Vote Act of 2002) and in consultation with the Direc-
tor of the National Science Foundation and the Director
446 
of the National Institute of Standards and Technology, 
shall establish a competitive grant program to award 
grants to eligible entities, on a competitive basis, for pur-
poses of research and development that are determined to 
have the potential to significantly improve the security (in-
cluding cybersecurity), quality, reliability, accuracy, acces-
sibility, and affordability of election infrastructure, and in-
crease voter participation. 
‘‘(b) REPORT TO CONGRESS.—Not later than 90 days 
after the conclusion of each fiscal year for which grants 
are awarded under this section, the Secretary shall submit 
to the Committee on Homeland Security and the Com-
mittee on House Administration of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on Rules 
and Administration of the Senate a report describing such 
grants and analyzing the impact, if any, of such grants 
on the security and operation of election infrastructure, 
and on voter participation. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary 
$20,000,000 for each of fiscal years 2021 through 2029 
for purposes of carrying out this section. 
‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means—
447 
‘‘(1) an institution of higher education (as such 
term is defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a)), including 
an institution of higher education that is a histori-
cally Black college or university (which has the 
meaning given the term ‘‘part B institution’’ in sec-
tion 322 of such Act (20 U.S.C. 1061)) or other mi-
nority-serving institution listed in section 371(a) of 
such Act (20 U.S.C. 1067q(a)); 
‘‘(2) an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 and 
exempt from tax under section 501(a) of such Code; 
or 
‘‘(3) an organization, association, or a for-profit 
company, including a small business concern (as 
such term is described in section 3 of the Small 
Business Act (15 U.S.C. 632)), including a small 
business concern owned and controlled by socially 
and economically disadvantaged individuals (as such 
term is defined in section 8(d)(3)(C) of the Small 
Business Act (15 U.S.C. 637(d)(3)(C)).’’. 
(b) DEFINITION.—Section 2 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101) is amended—
448 
(1) by redesignating paragraphs (6) through 
(20) as paragraphs (7) through (21), respectively; 
and 
(2) by inserting after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) ELECTION INFRASTRUCTURE.—The term 
‘election infrastructure’ means storage facilities, 
polling places, and centralized vote tabulation loca-
tions used to support the administration of elections 
for public office, as well as related information and 
communications technology, including voter registra-
tion databases, voting machines, electronic mail and 
other communications systems (including electronic 
mail and other systems of vendors who have entered 
into contracts with election agencies to support the 
administration of elections, manage the election 
process, and report and display election results), and 
other systems used to manage the election process 
and to report and display election results on behalf 
of an election agency.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
320 the following new item: 
‘‘Sec. 321. Election infrastructure innovation grant program.’’.
449 
Subtitle B—Security Measures 
SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. 
Subparagraph (J) of section 2001(3) of the Home-
land Security Act of 2002 (6 U.S.C. 601(3)) is amended 
by inserting ‘‘, including election infrastructure’’ before 
the period at the end. 
SEC. 3102. TIMELY THREAT INFORMATION. 
Subsection (d) of section 201 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 121) is amended by adding 
at the end the following new paragraph: 
‘‘(24) To provide timely threat information re-
garding election infrastructure to the chief State 
election official of the State with respect to which 
such information pertains.’’. 
SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELEC-
TION OFFICIALS. 
In order to promote the timely sharing of information 
on threats to election infrastructure, the Secretary may— 
(1) help expedite a security clearance for the 
chief State election official and other appropriate 
State personnel involved in the administration of 
elections, as designated by the chief State election 
official; 
(2) sponsor a security clearance for the chief 
State election official and other appropriate State
450 
personnel involved in the administration of elections, 
as designated by the chief State election official; and 
(3) facilitate the issuance of a temporary clear-
ance to the chief State election official and other ap-
propriate State personnel involved in the administra-
tion of elections, as designated by the chief State 
election official, if the Secretary determines classi-
fied information to be timely and relevant to the 
election infrastructure of the State at issue. 
SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESS-
MENTS. 
(a) IN GENERAL.—Paragraph (6) of section 2209(c) 
of the Homeland Security Act of 2002 (6 U.S.C. 659(c)) 
is amended by inserting ‘‘(including by carrying out a se-
curity risk and vulnerability assessment)’’ after ‘‘risk 
management support’’. 
(b) PRIORITIZATION TO ENHANCE ELECTION SECU-
RITY.— 
(1) IN GENERAL.—Not later than 90 days after 
receiving a written request from a chief State elec-
tion official, the Secretary shall, to the extent prac-
ticable, commence a security risk and vulnerability 
assessment (pursuant to paragraph (6) of section 
2209(c) of the Homeland Security Act of 2002, as
451 
amended by subsection (a)) on election infrastruc-
ture in the State at issue. 
(2) NOTIFICATION.—If the Secretary, upon re-
ceipt of a request described in paragraph (1), deter-
mines that a security risk and vulnerability assess-
ment referred to in such paragraph cannot be com-
menced within 90 days, the Secretary shall expedi-
tiously notify the chief State election official who 
submitted such request. 
SEC. 3105. ANNUAL REPORTS. 
(a) REPORTS ON ASSISTANCE AND ASSESSMENTS.— 
Not later than 1 year after the date of the enactment of 
this Act and annually thereafter through 2028, the Sec-
retary shall submit to the appropriate congressional com-
mittees— 
(1) efforts to carry out section 3103 during the 
prior year, including specific information regarding 
which States were helped, how many officials have 
been helped in each State, how many security clear-
ances have been sponsored in each State, and how 
many temporary clearances have been issued in each 
State; and 
(2) efforts to carry out section 3104 during the 
prior year, including specific information regarding 
which States were helped, the dates on which the
452 
Secretary received a request for a security risk and 
vulnerability assessment referred to in such section, 
the dates on which the Secretary commenced each 
such request, and the dates on which the Secretary 
transmitted a notification in accordance with sub-
section (b)(2) of such section. 
(b) REPORTS
ON FOREIGN THREATS.—Not later 
than 90 days after the end of each fiscal year (beginning 
with fiscal year 2021), the Secretary and the Director of 
National Intelligence, in coordination with the heads of 
appropriate offices of the Federal Government, shall sub-
mit to the appropriate congressional committees a joint 
report on foreign threats, including physical and cyberse-
curity threats, to elections in the United States. 
(c) INFORMATION FROM STATES.—For purposes of 
preparing the reports required under this section, the Sec-
retary shall solicit and consider information and comments 
from States and election agencies, except that the provi-
sion of such information and comments by a State or elec-
tion agency shall be voluntary and at the discretion of the 
State or election agency. 
SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS. 
(a) SUBMISSION
OF ASSESSMENT
BY DNI.—Not 
later than 180 days before the date of each regularly 
scheduled general election for Federal office, the Director
453 
of National Intelligence shall submit an assessment of the 
full scope of threats, including cybersecurity threats posed 
by state actors and terrorist groups, to election infrastruc-
ture and recommendations to address or mitigate such 
threats, as developed by the Secretary and Chairman, to— 
(1) the chief State election official of each 
State; 
(2) the appropriate congressional committees; 
and 
(3) any other relevant congressional commit-
tees. 
(b) UPDATES TO INITIAL ASSESSMENTS.—If, at any 
time after submitting an assessment with respect to an 
election under subsection (a), the Director of National In-
telligence determines that the assessment should be up-
dated to reflect new information regarding the threats in-
volved, the Director shall submit a revised assessment 
under such subsection. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘Chairman’’ means the chair of 
the Election Assistance Commission. 
(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.
454 
20509) to be responsible for coordination of the 
State’s responsibilities under such Act. 
(3) The term ‘‘election infrastructure’’ means 
storage facilities, polling places, and centralized vote 
tabulation locations used to support the administra-
tion of elections for public office, as well as related 
information and communications technology, includ-
ing voter registration databases, voting machines, 
electronic mail and other communications systems 
(including electronic mail and other systems of ven-
dors who have entered into contracts with election 
agencies to support the administration of elections, 
manage the election process, and report and display 
election results), and other systems used to manage 
the election process and to report and display elec-
tion results on behalf of an election agency. 
(4) The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
(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). 
(d) EFFECTIVE DATE.—This subtitle shall apply with 
respect to the regularly scheduled general election for Fed-
eral office held in November 2022 and each succeeding 
regularly scheduled general election for Federal office.