280 
HR 1 PCS
PART 4—ADMINISTRATIVE AND MISCELLANEOUS 
PROVISIONS 
SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT RE-
DISTRICTING. 
(a) AUTHORIZATION OF PAYMENTS.—Subject to sub-
section (d), not later than 30 days after a State receives 
a State apportionment notice, the Election Assistance 
Commission shall, subject to the availability of appropria-
tions provided pursuant to subsection (e), make a payment 
to the State in an amount equal to the product of— 
(1) the number of Representatives to which the 
State is entitled, as provided under the notice; and 
(2) $150,000. 
(b) USE OF FUNDS.—A State shall use the payment 
made under this section to establish and operate the 
State’s independent redistricting commission, to imple-
ment the State redistricting plan, and to otherwise carry 
out congressional redistricting in the State. 
(c) NO PAYMENT TO STATES WITH SINGLE MEM-
BER.—The Election Assistance Commission shall not 
make a payment under this section to any State which 
is not entitled to more than one Representative under its 
State apportionment notice. 
(d) REQUIRING SUBMISSION OF SELECTION POOL AS 
CONDITION OF PAYMENT.— 
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(1) REQUIREMENT.—Except as provided in 
paragraph (2) and paragraph (3), the Election As-
sistance Commission may not make a payment to a 
State under this section until the State certifies to 
the Commission that the nonpartisan agency estab-
lished or designated by a State under section 
2414(a) has, in accordance with section 2412(b)(1), 
submitted a selection pool to the Select Committee 
on Redistricting for the State established under sec-
tion 2414(b). 
(2) EXCEPTION
FOR
STATES
WITH
EXISTING 
COMMISSIONS.—In the case of a State which, pursu-
ant to section 2401(c), is exempt from the require-
ments of section 2401(a), the Commission may not 
make a payment to the State under this section until 
the State certifies to the Commission that its redis-
tricting commission meets the requirements of sec-
tion 2401(c). 
(3) EXCEPTION FOR STATE OF IOWA.—In the 
case of the State of Iowa, the Commission may not 
make a payment to the State under this section until 
the State certifies to the Commission that it will 
carry out congressional redistricting pursuant to the 
State’s apportionment notice in accordance with a 
plan developed by the Iowa Legislative Services 
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Agency with the assistance of a Temporary Redis-
tricting Advisory Commission, as provided under the 
law described in section 2401(d). 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for payments under this section. 
SEC. 2432. CIVIL ENFORCEMENT. 
(a) CIVIL ENFORCEMENT.— 
(1) ACTIONS BY ATTORNEY GENERAL.—The At-
torney General may bring a civil action in an appro-
priate district court for such relief as may be appro-
priate to carry out this subtitle. 
(2) AVAILABILITY OF PRIVATE RIGHT OF AC-
TION.—Any citizen of a State who is aggrieved by 
the failure of the State to meet the requirements of 
this subtitle may bring a civil action in the United 
States district court for the applicable venue for 
such relief as may be appropriate to remedy the fail-
ure. For purposes of this section, the ‘‘applicable 
venue’’ is the District of Columbia or the judicial 
district in which the capital of the State is located, 
as selected by the person who brings the civil action. 
(b) EXPEDITED CONSIDERATION.—In any action 
brought forth under this section, the following rules shall 
apply: 
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(1) The action shall be filed in the district court 
of the United States for the District of Columbia or 
for the judicial district in which the capital of the 
State is located, as selected by the person bringing 
the action. 
(2) The action shall be heard by a 3-judge 
court convened pursuant to section 2284 of title 28, 
United States Code. 
(3) The 3-judge court shall consolidate actions 
brought for relief under subsection (b)(1) with re-
spect to the same State redistricting plan. 
(4) A copy of the complaint shall be delivered 
promptly to the Clerk of the House of Representa-
tives and the Secretary of the Senate. 
(5) A final decision in the action shall be re-
viewable only by appeal directly to the Supreme 
Court of the United States. Such appeal shall be 
taken by the filing of a notice of appeal within 10 
days, and the filing of a jurisdictional statement 
within 30 days, of the entry of the final decision. 
(6) It shall be the duty of the district court and 
the Supreme Court of the United States to advance 
on the docket and to expedite to the greatest pos-
sible extent the disposition of the action and appeal. 
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(c) ATTORNEY’S FEES.—In a civil action under this 
section, the court may allow the prevailing party (other 
than the United States) reasonable attorney fees, includ-
ing litigation expenses, and costs. 
(d) RELATION TO OTHER LAWS.— 
(1) RIGHTS
AND
REMEDIES
ADDITIONAL
TO 
OTHER
RIGHTS
AND
REMEDIES.—The rights and 
remedies established by this section are in addition 
to all other rights and remedies provided by law, and 
neither the rights and remedies established by this 
section nor any other provision of this subtitle shall 
supersede, restrict, or limit the application of the 
Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.). 
(2) VOTING RIGHTS ACT OF 1965.—Nothing in 
this subtitle authorizes or requires conduct that is 
prohibited by the Voting Rights Act of 1965 (52 
U.S.C. 10301 et seq.). 
SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED. 
In this subtitle, the ‘‘State apportionment notice’’ 
means, with respect to a State, the notice sent to the State 
from the Clerk of the House of Representatives under sec-
tion 22(b) of the Act entitled ‘‘An Act to provide for the 
fifteenth and subsequent decennial censuses and to pro-
vide for an apportionment of Representatives in Con-
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gress’’, approved June 18, 1929 (2 U.S.C. 2a), of the 
number of Representatives to which the State is entitled. 
SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND 
LOCAL OFFICE. 
Nothing in this subtitle or in any amendment made 
by this subtitle may be construed to affect the manner 
in which a State carries out elections for State or local 
office, including the process by which a State establishes 
the districts used in such elections. 
SEC. 2435. EFFECTIVE DATE. 
This subtitle and the amendments made by this sub-
title shall apply with respect to redistricting carried out 
pursuant to the decennial census conducted during 2020 
or any succeeding decennial census. 
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 
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amended by inserting after section 8 the following new 
section: 
‘‘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. 
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‘‘(C) The failure of the registrant to take 
any other action with respect to voting in any 
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 
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‘‘(ii) who is removed from the official 
list of eligible voters by reason of the death 
of the registrant. 
‘‘(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-
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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 
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. 
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Subtitle G—No Effect on Authority 
of States to Provide Greater Op-
portunities 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 
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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—Severability 
SEC. 2801. 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 
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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. 
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. 
Subtitle E—Preventing Election Hacking 
Sec. 3401. Short title. 
Sec. 3402. Election Security Bug Bounty Program. 
Sec. 3403. Definitions. 
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—Severability 
Sec. 3801. Severability. 
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SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Election Security Act’’. 
(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 1905(a), is amend-
ed by adding at the end the following new part: 
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‘‘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 2019 
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 2020, 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 2020 with another system which does 
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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 2020 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. 
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‘‘(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. 
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‘‘(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 
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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-
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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 
3501 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-
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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 agrees to ensure that the 
election infrastructure will be developed and 
maintained in a manner that is consistent with 
the cybersecurity best practices issued by the 
Technical Guidelines Development Committee. 
‘‘(D) 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. 
‘‘(E) The vendor agrees to meet the re-
quirements of paragraph (3) with respect to 
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any known or suspected cybersecurity incidents 
involving any of the goods and services provided 
by the vendor pursuant to a grant under this 
part. 
‘‘(F) 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 
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-
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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: 
‘‘(i) The date, time, and time zone 
when the election cybersecurity incident 
began, if known. 
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‘‘(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 
in such form as the Commission may require, an applica-
tion containing— 
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‘‘(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— 
‘‘(1) $1,000,000,000 for fiscal year 2019; and 
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‘‘(2) $175,000,000 for each of the fiscal years 
2020, 2022, 2024, and 2026. 
‘‘(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 1905(b), 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 in the matter preceding 
paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se-
curity of election infrastructure by’’. 
(b) MEMBERSHIP OF SECRETARY OF HOMELAND SE-
CURITY ON BOARD OF ADVISORS OF ELECTION ASSIST-
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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: 
‘‘(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 
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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: 
‘‘(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 
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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-
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 
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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.’’. 
SEC. 3003. INCORPORATION OF DEFINITIONS. 
(a) IN GENERAL.—Section 901 of the Help America 
Vote Act of 2002 (52 U.S.C. 21141) 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 3501 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 
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States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands.’’. 
(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 1905(a) 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 2020 and each succeeding election 
for Federal office. 
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‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 
part, a ‘risk-limiting audit’ is a post-election process— 
‘‘(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. 
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‘‘(3) Rules and procedures for governing the 
format of ballot manifests, cast vote records, and 
other data involved in the audit. 
‘‘(4) Methods to ensure that any cast vote 
records used in the audit are those used by the vot-
ing system to tally the election results sent to the 
chief State election official and made public. 
‘‘(5) Procedures for the random selection of 
ballots to be inspected manually during each audit. 
‘‘(6) Rules for the calculations and other meth-
ods to be used in the audit and to determine wheth-
er and when the audit of an election is complete. 
‘‘(7) Procedures and requirements for testing 
any software used to conduct risk-limiting audits. 
‘‘(d) DEFINITIONS.—In this part, the following defi-
nitions apply: 
‘‘(1) The term ‘ballot manifest’ means a record 
maintained by each election agency that meets each 
of the following requirements: 
‘‘(A) The record is created without reliance 
on any part of the voting system used to tab-
ulate votes. 
‘‘(B) The record functions as a sampling 
frame for conducting a risk-limiting audit. 
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‘‘(C) The record contains the following in-
formation with respect to the ballots cast and 
counted in the election: 
‘‘(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. 
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‘‘(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, 
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 
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of the audit, together with such information as nec-
essary to confirm that the audit was conducted prop-
erly; 
‘‘(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 2019, to re-
main available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by sections 1905(b) 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 
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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-
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— 
(1) by redesignating the second section 319 (re-
lating to EMP and GMD mitigation research and 
development) as section 320; and 
(2) by adding at the end the following new sec-
tion: 
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‘‘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 
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 
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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 2019 through 2027 
for purposes of carrying out this section. 
‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means— 
‘‘(1) an institution of higher education (as de-
fined in section 101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a)), including an institu-
tion of higher education that is a historically Black 
college or university (which has the meaning given 
the term ‘‘part B institution’’ in section 322 of such 
Act (20 U.S.C. 1061)) or other minority-serving in-
stitution 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 defined under section 3 of the Small 
Business Act (15 U.S.C. 632)), including a small 
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business concern owned and controlled by socially 
and economically disadvantaged individuals as de-
fined under 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— 
(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 
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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 striking both items relating to section 319 
and the item relating to section 318 and inserting the fol-
lowing new items: 
‘‘Sec. 318. Social media working group. 
‘‘Sec. 319. Transparency in research and development. 
‘‘Sec. 320. EMP and GMD mitigation research and development. 
‘‘Sec. 321. Election infrastructure innovation grant program.’’. 
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.’’. 
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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 
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-
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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 
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 cannot be commenced within 90 days, the Sec-
retary shall expeditiously notify the chief State elec-
tion official who submitted such request. 
SEC. 3105. ANNUAL REPORTS. 
(a) REPORTS ON ASSISTANCE AND ASSESSMENTS.— 
Not later than one year after the date of the enactment 
of this Act and annually thereafter through 2026, the Sec-
retary shall submit to the appropriate congressional com-
mittees— 
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(1) efforts to carry out section 203 during the 
prior year, including specific information on which 
States were helped, how many officials have been 
helped in each State, how many security clearances 
have been sponsored in each State, and how many 
temporary clearances have been issued in each State; 
and 
(2) efforts to carry out section 205 during the 
prior year, including specific information on which 
States were helped, the dates on which the Secretary 
received a request for a security risk and vulner-
ability assessment pursuant to such section, the 
dates on which the Secretary commenced each such 
request, and the dates on which the Secretary trans-
mitted a notification in accordance with subsection 
(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 2019), the Secretary and the Director of 
National Intelligence, in coordination with the heads of 
appropriate offices of the Federal government, shall sub-
mit a joint report to the appropriate congressional com-
mittees on foreign threats to elections in the United 
States, including physical and cybersecurity threats. 
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(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 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 
of National Intelligence shall submit an assessment of the 
full scope of threats to election infrastructure, including 
cybersecurity threats posed by state actors and terrorist 
groups, and recommendations to address or mitigate the 
threats, as developed by the Secretary and Chairman, to— 
(1) the chief State election official of each 
State; 
(2) the Committees on Homeland Security and 
House Administration of the House of Representa-
tives and the Committees on Homeland Security and 
Governmental Affairs and Rules and Administration 
of the Senate; and 
(3) any other appropriate congressional com-
mittees. 
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(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, the following defi-
nitions apply: 
(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. 
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-
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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 Act shall apply with re-
spect to the regularly scheduled general election for Fed-
eral office held in November 2020 and each succeeding 
regularly scheduled general election for Federal office. 
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 one 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 
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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 
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, 
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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 Western govern-
ments 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 for-
eign 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 
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 center. 
(7) Any findings, conclusions, and recommenda-
tions to strengthen protections for United States 
democratic institutions that have been agreed to by 
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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. 
(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 a report to Congress on any poten-
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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 (hereafter in this 
section referred 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: 
(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-
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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 
the Chairman of the Committee on the Judici-
ary. 
(F) Two members shall be appointed by 
the minority leader of the House of Representa-
tives, in consultation with the ranking minority 
member of the Committee on Homeland Secu-
rity, the ranking minority member of the Com-
mittee on the Judiciary, and the ranking minor-
ity member of the Committee on House Admin-
istration. 
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(2) QUALIFICATIONS.—Individuals shall be se-
lected for appointment to the Commission solely on 
the basis of their professional qualifications, achieve-
ments, public stature, experience, and expertise in 
relevant fields, including, but not limited to cyberse-
curity, national security, and the Constitution of the 
United States. 
(3) NO COMPENSATION FOR SERVICE.—Mem-
bers shall not receive compensation for service on 
the Commission, but shall receive travel expenses, 
including per diem in lieu of subsistence, in accord-
ance with chapter 57 of title 5, United States Code. 
(4) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed no later 
than 60 days after the date of the enactment of this 
Act. 
(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.— 
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(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. 
(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. 
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(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 
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.— 
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(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 otherwise 
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 such findings, conclu-
sions, and recommendations to strengthen protec-
tions 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-
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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 described 
in paragraph (2), 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. 
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.— 
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(C) shall be considered a covered transfer by 
the covered organization which transfers the 
amount only if the aggregate amount trans-
ferred during the year by such covered organi-
zation to that same covered organization is 
equal to or greater than $50,000. 
‘‘(B) DETERMINATION
OF
AMOUNT
OF 
CERTAIN
PAYMENTS
AMONG
AFFILIATES.—In 
determining the amount of a transfer between 
affiliates for purposes of subparagraph (A), to 
the extent that the transfer consists of funds 
attributable to dues, fees, or assessments which 
are paid by individuals on a regular, periodic 
basis in accordance with a per-individual cal-
culation which is made on a regular basis, the 
transfer shall be attributed to the individuals 
paying the dues, fees, or assessments and shall 
not be attributed to the covered organization. 
‘‘(C) DESCRIPTION
OF
TRANSFERS
BE-
TWEEN
AFFILIATES.—A transfer of amounts 
from one covered organization to another cov-
ered organization shall be treated as a transfer 
between affiliates if— 
‘‘(i) one of the organizations is an af-
filiate of the other organization; or 
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‘‘(ii) each of the organizations is an 
affiliate of the same organization, 
except that the transfer shall not be treated as 
a transfer between affiliates if one of the orga-
nizations is established for the purpose of mak-
ing campaign-related disbursements. 
‘‘(D) DETERMINATION OF AFFILIATE STA-
TUS.—For purposes of subparagraph (C), a 
covered organization is an affiliate of another 
covered organization if— 
‘‘(i) the governing instrument of the 
organization requires it to be bound by de-
cisions of the other organization; 
‘‘(ii) the governing board of the orga-
nization includes persons who are specifi-
cally designated representatives of the 
other organization or are members of the 
governing board, officers, or paid executive 
staff members of the other organization, or 
whose service on the governing board is 
contingent upon the approval of the other 
organization; or 
‘‘(iii) the organization is chartered by 
the other organization. 
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