160 
eral office generally is necessary. If such a deter-
mination is made in the affirmative, the Director 
shall collaborate with the Commission in the prepa-
ration of such an advisory. 
(2) PROHIBITION.—The Director may not issue 
an advisory described in paragraph (1) unless the 
Commission has provided input relating thereto. 
(b) NOTIFICATION.—If the Director issues an advi-
sory described in subsection (a), the Director, in collabora-
tion with the Commission, shall provide to appropriate 
State election officials and vendors of covered voting sys-
tems notification relating thereto. 
SEC. 412. PROCESS TO TEST FOR AND MONITOR CYBERSE-
CURITY 
VULNERABILITIES 
IN 
ELECTION 
EQUIPMENT. 
(a) PROCESS FOR COVERED VOTING SYSTEMS.— 
(1) IN GENERAL.—The Director and the Com-
mission (in consultation with the Technical Guide-
lines Development Committee and the Standards 
Board of the Commission), shall jointly establish a 
voluntary process to test for and monitor covered 
voting systems for cybersecurity vulnerabilities. Such 
process shall include the following: 
(A) Mitigation strategies and other rem-
edies. 
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(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— 
(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-
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162 
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. 413. 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. 
(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 
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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 
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. 
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(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 
General and the Director of National Intel-
ligence) shall indicate in the notification 
which information is classified. 
(3) EXCEPTION.— 
(A) IN
GENERAL.—If the Secretary, in 
consultation with the Attorney General and the 
Director of National Intelligence, makes a de-
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termination that it is not possible to provide a 
notification under paragraph (1) with respect to 
an election cybersecurity incident without com-
promising intelligence methods or sources or 
interfering with an ongoing investigation, the 
Secretary shall not provide the notification 
under such paragraph. 
(B) ONGOING REVIEW.—Not later than 30 
days after making a determination under sub-
paragraph (A) and every 30 days thereafter, 
the Secretary shall review the determination. If, 
after reviewing the determination, the Secretary 
makes a revised determination that it is pos-
sible to provide a notification under paragraph 
(2) without compromising intelligence methods 
or sources or interfering with an ongoing inves-
tigation, the Secretary shall provide the notifi-
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-
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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 
411(a) and the provision of notification under sec-
tion 411(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-
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 
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167 
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 
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 
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(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. 
TITLE V—SENSE OF CONGRESS 
WITH RESPECT TO ROLE OF 
STATES IN CONGRESSIONAL 
REDISTRICTING 
SEC. 501. SENSE OF CONGRESS WITH RESPECT TO ROLE OF 
STATES IN CONGRESSIONAL REDISTRICTING. 
It is the sense of Congress that, while Congress is 
authorized under the Constitution of the United States to 
ensure that congressional redistricting is carried out in a 
manner consistent with the Constitution, only a State has 
the authority to establish maps of the congressional dis-
tricts of the State and to determine the procedures and 
criteria used to establish such maps. 
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TITLE VI—DISINFORMATION 
GOVERNANCE BOARD 
SEC. 601. TERMINATION OF THE DISINFORMATION GOV-
ERNANCE BOARD. 
The Disinformation Governance Board of the De-
partment of Homeland Security is hereby terminated. 
SEC. 602. PROHIBITION ON FUNDING THE ACTIVITIES OF 
THE DISINFORMATION GOVERNANCE BOARD. 
No Federal funds authorized to be appropriated or 
otherwise made available may be used to establish or carry 
out the activities of any other entity that is substantially 
similar to the Disinformation Governance Board termi-
nated by section 701. 
TITLE VII—SEVERABILITY 
SEC. 701. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or the application of any such provision or 
amendment to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act, and the appli-
cation of such provision or amendment to any other person 
or circumstance, shall not be affected by the holding. 
Æ 
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