Title: SAFE Act
Policy area: Government Operations and Politics

Summary:
Securing America's Federal Elections Act or the SAFE Act
This bill addresses election security through grant programs and requirements for voting systems and paper ballots.
The bill establishes requirements for voting systems, including that systems (1) use individual, durable, voter-verified paper ballots; (2) make a voter's marked ballot available for inspection and verification by the voter before the vote is cast; (3) ensure that individuals with disabilities are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verified paper ballot; and (4) be manufactured in the United States.
The National Science Foundation must award grants to study, test, and develop accessible voter-verified paper ballot voting and best practices to enhance the accessibility of such voting for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy.
The Election Assistance Commission (EAC) must award grants to states to (1) replace certain voting systems, carry out voting system security improvements, and implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and (2) conduct risk-limiting audits.
States may use elections requirements payments to carry out activities related to election security.
The EAC must provide for the testing of voting system hardware and software and decertify such technology that does not meet guidelines.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2722 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 2722

 To protect elections for public office by providing financial support 
  and enhanced security for the infrastructure used to carry out such 
                   elections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2019

 Ms. Lofgren introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
    Science, Space, and Technology, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To protect elections for public office by providing financial support 
  and enhanced security for the infrastructure used to carry out such 
                   elections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Securing America's 
Federal Elections Act'' or the ``SAFE Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE

         Subtitle A--Voting System Security Improvement Grants

   Part 1--Promoting Accuracy, Integrity, and Security Through Voter-
                    Verified Permanent Paper Ballot

Sec. 101. Short title.
Sec. 102. Paper ballot and manual counting requirements.
Sec. 103. Accessibility and ballot verification for individuals with 
                            disabilities.
Sec. 104. Durability and readability requirements for ballots.
Sec. 105. Paper ballot printing requirements.
Sec. 106. Study and report on optimal ballot design.
Sec. 107. Effective date for new requirements.
                Part 2--Grants to Carry Out Improvements

Sec. 111. Grants for obtaining compliant paper ballot voting systems 
                            and carrying out voting system security 
                            improvements.
 ``Part 7--Grants for Obtaining Compliant Paper Ballot Voting Systems 
          and Carrying Out Voting System Security Improvements

        ``Sec. 297. Grants for obtaining compliant paper ballot voting 
                            systems and carrying out voting system 
                            security improvements.
        ``Sec. 297A. Voting system security improvements described.
        ``Sec. 297B. Eligibility of States.
        ``Sec. 297C. Reports to Congress.
        ``Sec. 297D. Authorization of appropriations.
Sec. 112. Coordination of voting system security activities with use of 
                            requirements payments and election 
                            administration requirements under Help 
                            America Vote Act of 2002.
Sec. 113. Incorporation of definitions.
  Subtitle B--Grants for Risk-Limiting Audits of Results of Elections

Sec. 121. Grants to States for conducting risk-limiting audits of 
                            results of elections.
  ``Part 8--Grants for Conducting Risk-Limiting Audits of Results of 
                               Elections

        ``Sec. 298. Grants for conducting risk-limiting audits of 
                            results of elections.
        ``Sec. 298A. Eligibility of States.
        ``Sec. 298B. Authorization of appropriations.
Sec. 122. GAO analysis of effects of audits.
  TITLE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION 
                             ADMINISTRATION

Sec. 201. Testing of existing voting systems to ensure compliance with 
                            election cybersecurity guidelines and other 
                            guidelines.
Sec. 202. Requiring use of software and hardware for which information 
                            is disclosed by manufacturer.
Sec. 203. Treatment of electronic poll books as part of voting systems.
Sec. 204. Pre-election reports on voting system usage.
Sec. 205. Streamlining collection of election information.
         TITLE III--ELECTION SECURITY GRANTS ADVISORY COMMITTEE

Sec. 301. Establishment of advisory committee.
   TITLE IV--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES

Sec. 401. Use of voting machines manufactured in the United States.
                         TITLE V--SEVERABILITY

Sec. 501. Severability.

         TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE

         Subtitle A--Voting System Security Improvement Grants

   PART 1--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
                    VERIFIED PERMANENT PAPER BALLOT

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Voter Confidence and Increased 
Accessibility Act of 2019''.

SEC. 102. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

    (a) In General.--Section 301(a)(2) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
            ``(2) Paper ballot requirement.--
                    ``(A) Voter-verified paper ballots.--
                            ``(i) Paper ballot requirement.--(I) The 
                        voting system shall require the use of an 
                        individual, durable, voter-verified paper 
                        ballot of the voter's vote that shall be marked 
                        and made available for inspection and 
                        verification by the voter before the voter's 
                        vote is cast and counted, and which shall be 
                        counted by hand or read by an optical character 
                        recognition device or other counting device. 
                        For purposes of this subclause, the term 
                        `individual, durable, voter-verified paper 
                        ballot' means a paper ballot marked by the 
                        voter by hand or a paper ballot marked through 
                        the use of a nontabulating ballot marking 
                        device or system, so long as the voter shall 
                        have the option to mark his or her ballot by 
                        hand.
                            ``(II) The voting system shall provide the 
                        voter with an opportunity to correct any error 
                        on the paper ballot before the permanent voter-
                        verified paper ballot is preserved in 
                        accordance with clause (ii).
                            ``(III) The voting system shall not 
                        preserve the voter-verified paper ballots in 
                        any manner that makes it possible, at any time 
                        after the ballot has been cast, to associate a 
                        voter with the record of the voter's vote 
                        without the voter's consent.
                            ``(ii) Preservation as official record.--
                        The individual, durable, voter-verified paper 
                        ballot used in accordance with clause (i) shall 
                        constitute the official ballot and shall be 
                        preserved and used as the official ballot for 
                        purposes of any recount or audit conducted with 
                        respect to any election for Federal office in 
                        which the voting system is used.
                            ``(iii) Manual counting requirements for 
                        recounts and audits.--(I) Each paper ballot 
                        used pursuant to clause (i) shall be suitable 
                        for a manual audit, and shall be counted by 
                        hand in any recount or audit conducted with 
                        respect to any election for Federal office.
                            ``(II) In the event of any inconsistencies 
                        or irregularities between any electronic vote 
                        tallies and the vote tallies determined by 
                        counting by hand the individual, durable, 
                        voter-verified paper ballots used pursuant to 
                        clause (i), and subject to subparagraph (B), 
                        the individual, durable, voter-verified paper 
                        ballots shall be the true and correct record of 
                        the votes cast.
                            ``(iv) Application to all ballots.--The 
                        requirements of this subparagraph shall apply 
                        to all ballots cast in elections for Federal 
                        office, including ballots cast by absent 
                        uniformed services voters and overseas voters 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act and other absentee voters.
                    ``(B) Special rule for treatment of disputes when 
                paper ballots have been shown to be compromised.--
                            ``(i) In general.--In the event that--
                                    ``(I) there is any inconsistency 
                                between any electronic vote tallies and 
                                the vote tallies determined by counting 
                                by hand the individual, durable, voter-
                                verified paper ballots used pursuant to 
                                subparagraph (A)(i) with respect to any 
                                election for Federal office; and
                                    ``(II) it is demonstrated by clear 
                                and convincing evidence (as determined 
                                in accordance with the applicable 
                                standards in the jurisdiction involved) 
                                in any recount, audit, or contest of 
                                the result of the election that the 
                                paper ballots have been compromised (by 
                                damage or mischief or otherwise) and 
                                that a sufficient number of the ballots 
                                have been so compromised that the 
                                result of the election could be 
                                changed,
                        the determination of the appropriate remedy 
                        with respect to the election shall be made in 
                        accordance with applicable State law, except 
                        that the electronic tally shall not be used as 
                        the exclusive basis for determining the 
                        official certified result.
                            ``(ii) Rule for consideration of ballots 
                        associated with each voting machine.--For 
                        purposes of clause (i), only the paper ballots 
                        deemed compromised, if any, shall be considered 
                        in the calculation of whether or not the result 
                        of the election could be changed due to the 
                        compromised paper ballots.''.
    (b) Conforming Amendment Clarifying Applicability of Alternative 
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 
21081(a)(4)) is amended by inserting ``(including the paper ballots 
required to be used under paragraph (2))'' after ``voting system''.
    (c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52 
U.S.C. 21081(a)(1)) is amended--
            (1) in subparagraph (A)(i), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (2) in subparagraph (A)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (3) in subparagraph (A)(iii), by striking ``counted'' each 
        place it appears and inserting ``counted, in accordance with 
        paragraphs (2) and (3)''; and
            (4) in subparagraph (B)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)''.

SEC. 103. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) In General.--Section 301(a)(3)(B) of the Help America Vote Act 
of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:
                    ``(B)(i) ensure that individuals with disabilities 
                and others are given an equivalent opportunity to vote, 
                including with privacy and independence, in a manner 
                that produces a voter-verified paper ballot as for 
                other voters;
                    ``(ii) satisfy the requirement of subparagraph (A) 
                through the use of at least one voting system equipped 
                for individuals with disabilities, including nonvisual 
                and enhanced visual accessibility for the blind and 
                visually impaired, and nonmanual and enhanced manual 
                accessibility for the mobility and dexterity impaired, 
                at each polling place; and
                    ``(iii) meet the requirements of subparagraph (A) 
                and paragraph (2)(A) by using a system that--
                            ``(I) allows the voter to privately and 
                        independently verify the permanent paper ballot 
                        through the presentation, in accessible form, 
                        of the printed or marked vote selections from 
                        the same printed or marked information that 
                        would be used for any vote counting or 
                        auditing; and
                            ``(II) allows the voter to privately and 
                        independently verify and cast the permanent 
                        paper ballot without requiring the voter to 
                        manually handle the paper ballot;''.
    (b) Specific Requirement of Study, Testing, and Development of 
Accessible Paper Ballot Verification Mechanisms.--
            (1) Study and reporting.--Subtitle C of title II of such 
        Act (52 U.S.C. 21081 et seq.) is amended--
                    (A) by redesignating section 247 as section 248; 
                and
                    (B) by inserting after section 246 the following 
                new section:

``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT VERIFICATION 
              MECHANISMS.

    ``(a) Study and Report.--The Director of the National Science 
Foundation shall make grants to not fewer than 3 eligible entities to 
study, test, and develop accessible paper ballot voting, verification, 
and casting mechanisms and devices and best practices to enhance the 
accessibility of paper ballot voting and verification mechanisms for 
individuals with disabilities, for voters whose primary language is not 
English, and for voters with difficulties in literacy, including best 
practices for the mechanisms themselves and the processes through which 
the mechanisms are used.
    ``(b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Director (at such time and in such form 
as the Director may require) an application containing--
            ``(1) certifications that the entity shall specifically 
        investigate enhanced methods or devices, including non-
        electronic devices, that will assist such individuals and 
        voters in marking voter-verified paper ballots and presenting 
        or transmitting the information printed or marked on such 
        ballots back to such individuals and voters, and casting such 
        ballots;
            ``(2) a certification that the entity shall complete the 
        activities carried out with the grant not later than December 
        31, 2020; and
            ``(3) such other information and certifications as the 
        Director may require.
    ``(c) Availability of Technology.--Any technology developed with 
the grants made under this section shall be treated as non-proprietary 
and shall be made available to the public, including to manufacturers 
of voting systems.
    ``(d) Coordination With Grants for Technology Improvements.--The 
Director shall carry out this section so that the activities carried 
out with the grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out by the 
Commission under section 271, to the extent that the Director and 
Commission determine necessary to provide for the advancement of 
accessible voting technology.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $5,000,000, to remain 
available until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the item relating to section 
                247 as relating to section 248; and
                    (B) by inserting after the item relating to section 
                246 the following new item:

``Sec. 247. Study and report on accessible paper ballot verification 
                            mechanisms.''.
    (c) Clarification of Accessibility Standards Under Voluntary Voting 
System Guidance.--In adopting any voluntary guidance under subtitle B 
of title III of the Help America Vote Act with respect to the 
accessibility of the paper ballot verification requirements for 
individuals with disabilities, the Election Assistance Commission shall 
include and apply the same accessibility standards applicable under the 
voluntary guidance adopted for accessible voting systems under such 
subtitle.
    (d) Permitting Use of Funds for Protection and Advocacy Systems To 
Support Actions To Enforce Election-Related Disability Access.--Section 
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is 
amended by striking ``; except that'' and all that follows and 
inserting a period.

SEC. 104. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)) is amended by adding at the end the following new paragraph:
            ``(7) Durability and readability requirements for 
        ballots.--
                    ``(A) Durability requirements for paper ballots.--
                            ``(i) In general.--All voter-verified paper 
                        ballots required to be used under this Act 
                        shall be marked or printed on durable paper.
                            ``(ii) Definition.--For purposes of this 
                        Act, paper is `durable' if it is capable of 
                        withstanding multiple counts and recounts by 
                        hand without compromising the fundamental 
                        integrity of the ballots, and capable of 
                        retaining the information marked or printed on 
                        them for the full duration of a retention and 
                        preservation period of 22 months.
                    ``(B) Readability requirements for paper ballots 
                marked by ballot marking device.--All voter-verified 
                paper ballots completed by the voter through the use of 
                a ballot marking device shall be clearly readable by 
                the voter without assistance (other than eyeglasses or 
                other personal vision enhancing devices) and by an 
                optical character recognition device or other device 
                equipped for individuals with disabilities.''.

SEC. 105. PAPER BALLOT PRINTING REQUIREMENTS.

    (a) Requiring Paper Ballots To Be Printed on Recycled Paper 
Manufactured in the United States.--Section 301(a) of the Help America 
Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 104, is 
amended by adding at the end the following new paragraph:
            ``(8) Printing requirements for ballots.--All paper ballots 
        used in an election for Federal office shall be printed in the 
        United States on recycled paper manufactured in the United 
        States.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring on or after January 1, 2021.

SEC. 106. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.

    (a) Study.--The Election Assistance Commission shall conduct a 
study of the best ways to design ballots used in elections for public 
office, including paper ballots and electronic or digital ballots, to 
minimize confusion and user errors.
    (b) Report.--Not later than January 1, 2020, the Election 
Assistance Commission shall submit to Congress a report on the study 
conducted under subsection (a).

SEC. 107. EFFECTIVE DATE FOR NEW REQUIREMENTS.

    Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(d)) is amended to read as follows:
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2006.
            ``(2) Special rule for certain requirements.--
                    ``(A) In general.--Except as provided in section 
                105(b) of the Securing America's Federal Elections Act 
                and subparagraphs (B) and (C), the requirements of this 
                section which are first imposed on a State and 
                jurisdiction pursuant to the amendments made by the 
                Voter Confidence and Increased Accessibility Act of 
                2019 shall apply with respect to voting systems used 
                for any election for Federal office held in 2020 or any 
                succeeding year.
                    ``(B) Delay for jurisdictions using certain paper 
                record printers or certain systems using or producing 
                voter-verifiable paper records in 2018.--
                            ``(i) Delay.--In the case of a jurisdiction 
                        described in clause (ii), subparagraph (A) 
                        shall apply to a voting system in the 
                        jurisdiction as if the reference in such 
                        subparagraph to `2020' were a reference to 
                        `2022', but only with respect to the following 
                        requirements of this section:
                                    ``(I) Paragraph (2)(A)(i)(I) of 
                                subsection (a) (relating to the use of 
                                voter-verified paper ballots).
                                    ``(II) Paragraph (3)(B)(ii)(I) and 
                                (II) of subsection (a) (relating to 
                                access to verification from and casting 
                                of the durable paper ballot).
                                    ``(III) Paragraph (7) of subsection 
                                (a) (relating to durability and 
                                readability requirements for ballots).
                            ``(ii) Jurisdictions described.--A 
                        jurisdiction described in this clause is a 
                        jurisdiction--
                                    ``(I) which used voter verifiable 
                                paper record printers attached to 
                                direct recording electronic voting 
                                machines, or which used other voting 
                                systems that used or produced paper 
                                records of the vote verifiable by 
                                voters but that are not in compliance 
                                with paragraphs (2)(A)(i)(I), 
                                (3)(B)(iii)(I) and (II), and (7) of 
                                subsection (a) (as amended or added by 
                                the Voter Confidence and Increased 
                                Accessibility Act of 2019), for the 
                                administration of the regularly 
                                scheduled general election for Federal 
                                office held in November 2018; and
                                    ``(II) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before 2022.
                            ``(iii) Mandatory availability of paper 
                        ballots at polling places using grandfathered 
                        printers and systems.--
                                    ``(I) Requiring ballots to be 
                                offered and provided.--The appropriate 
                                election official at each polling place 
                                that uses a printer or system described 
                                in clause (ii)(I) for the 
                                administration of elections for Federal 
                                office shall offer each individual who 
                                is eligible to cast a vote in the 
                                election at the polling place the 
                                opportunity to cast the vote using a 
                                blank pre-printed paper ballot which 
                                the individual may mark by hand and 
                                which is not produced by the direct 
                                recording electronic voting machine or 
                                other such system. The official shall 
                                provide the individual with the ballot 
                                and the supplies necessary to mark the 
                                ballot, and shall ensure (to the 
                                greatest extent practicable) that the 
                                waiting period for the individual to 
                                cast a vote is the lesser of 30 minutes 
                                or the average waiting period for an 
                                individual who does not agree to cast 
                                the vote using such a paper ballot 
                                under this clause.
                                    ``(II) Treatment of ballot.--Any 
                                paper ballot which is cast by an 
                                individual under this clause shall be 
                                counted and otherwise treated as a 
                                regular ballot for all purposes 
                                (including by incorporating it into the 
                                final unofficial vote count (as defined 
                                by the State) for the precinct) and not 
                                as a provisional ballot, unless the 
                                individual casting the ballot would 
                                have otherwise been required to cast a 
                                provisional ballot.
                                    ``(III) Posting of notice.--The 
                                appropriate election official shall 
                                ensure there is prominently displayed 
                                at each polling place a notice that 
                                describes the obligation of the 
                                official to offer individuals the 
                                opportunity to cast votes using a pre-
                                printed blank paper ballot.
                                    ``(IV) Training of election 
                                officials.--The chief State election 
                                official shall ensure that election 
                                officials at polling places in the 
                                State are aware of the requirements of 
                                this clause, including the requirement 
                                to display a notice under subclause 
                                (III), and are aware that it is a 
                                violation of the requirements of this 
                                title for an election official to fail 
                                to offer an individual the opportunity 
                                to cast a vote using a blank pre-
                                printed paper ballot.
                                    ``(V) Period of applicability.--The 
                                requirements of this clause apply only 
                                during the period in which the delay is 
                                in effect under clause (i).
                    ``(C) Special rule for jurisdictions using certain 
                nontabulating ballot marking devices.--In the case of a 
                jurisdiction which uses a nontabulating ballot marking 
                device which automatically deposits the ballot into a 
                privacy sleeve, subparagraph (A) shall apply to a 
                voting system in the jurisdiction as if the reference 
                in such subparagraph to `any election for Federal 
                office held in 2020 or any succeeding year' were a 
                reference to `elections for Federal office held in 2022 
                or each succeeding year', but only with respect to 
                paragraph (3)(B)(iii)(II) of subsection (a) (relating 
                to nonmanual casting of the durable paper ballot).''.

                PART 2--GRANTS TO CARRY OUT IMPROVEMENTS

SEC. 111. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    (a) Availability of Grants.--Subtitle D of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding 
at the end the following new part:

 ``PART 7--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
          AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

``SEC. 297. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    ``(a) Availability and Use of Grant.--The Commission 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 Confidence and Increased 
                Accessibility Act of 2019 with a voting system which 
                does meet such requirements, for use in the regularly 
                scheduled general elections for Federal office held in 
                November 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 scheduled general election for Federal 
                office held in November 2020 with another system which 
                does meet such requirements and is in compliance with 
                such guidelines;
            ``(2) to carry out voting system security improvements 
        described in section 297A with respect to the regularly 
        scheduled general elections for Federal office held in November 
        2020 and each succeeding 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 insufficient 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 appropriated under this 
part is distributed to the States.
    ``(d) Surplus Appropriations.--If the amount of funds appropriated 
for grants authorized under section 297D(a)(2) exceed the amount 
necessary to meet the requirements of subsection (b), the Commission 
shall consider 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 elections 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 machines are used.
                    ``(D) Maintaining offline backups of voter 
                registration lists.
                    ``(E) Providing a secure voter registration 
                database that logs requests submitted to the database.
                    ``(F) Publishing and enforcing a policy detailing 
                use limitations and security safeguards to protect the 
                personal information of voters in the voter 
                registration process.
                    ``(G) Providing secure processes and procedures for 
                reporting vote tallies.
                    ``(H) Providing a secure platform for disseminating 
                vote totals.
            ``(2) Evidence of established conditions of innovation and 
        reform in providing voting system security and the proposed 
        plan of the State for implementing additional conditions.
            ``(3) Evidence of collaboration between relevant 
        stakeholders, including local election officials, in developing 
        the grant implementation plan described in section 297B.
            ``(4) The plan of the State to conduct a rigorous 
        evaluation of the effectiveness of the activities carried out 
        with the grant.
    ``(e) Ability of Replacement Systems To Administer 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 shall rank the 
candidates for the office in the order of the voter's preference.

``SEC. 297A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.

    ``(a) Permitted Uses.--A voting system security improvement 
described in this section is any of the following:
            ``(1) The acquisition of goods and services from qualified 
        election infrastructure vendors by purchase, lease, or such 
        other arrangements as may be appropriate.
            ``(2) Cyber and risk mitigation training.
            ``(3) A security risk and vulnerability assessment 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 infrastructure, including 
        addressing risks and vulnerabilities which are identified under 
        either of the security risk and vulnerability assessments 
        described in paragraph (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 purposes 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 critical to the operation of 
        the State's election infrastructure.
            ``(6) Enhancing the cybersecurity and operations of the 
        information technology infrastructure described in paragraph 
        (4).
            ``(7) Enhancing the cybersecurity of voter registration 
        systems.
    ``(b) Qualified Election Infrastructure Vendors 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 infrastructure on behalf of a State, unit of 
        local government, or election agency (as defined in section 801 
        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 coordination 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 controlled 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 
                election 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 information 
                technology infrastructure in a manner that is 
                consistent with the cybersecurity best practices issued 
                by the Technical Guidelines Development Committee.
                    ``(E) The vendor agrees to meet the requirements 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.
                    ``(F) The vendor agrees to permit independent 
                security testing by the Commission (in accordance with 
                section 231(a)) and by the Secretary 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 becoming aware of the 
                possibility that an election cybersecurity incident has 
                occurred involving any of the goods and services 
                provided by the vendor 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 requirements of 
                        subparagraph (B) to the Secretary and the 
                        Chairman of the assessment 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);
                            ``(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 necessary notifications 
                        relating to the incident; 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.
                            ``(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 election 
                        cybersecurity incident, including the specific 
                        election infrastructure systems believed to 
                        have been accessed and information acquired, if 
                        any.
                            ``(v) Any planned and implemented technical 
                        measures to respond to and recover from the 
                        incident.
                            ``(vi) In the case of any notification 
                        which is an update to a prior notification, any 
                        additional material information relating to the 
                        incident, including technical data, as it 
                        becomes available.

``SEC. 297B. 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 application 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 297A; and
            ``(3) such other information and assurances as the 
        Commission may require.

``SEC. 297C. REPORTS TO CONGRESS.

    ``Not later than 90 days after the end of each fiscal year, the 
Commission shall submit a report to the appropriate congressional 
committees, including the Committees on Homeland Security, House 
Administration, and the Judiciary of the House of Representatives and 
the Committees 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. 297D. 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
            ``(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 is 
amended by adding at the end of the items relating to subtitle D of 
title II the following:

 ``Part 7--Grants for Obtaining Compliant Paper Ballot Voting Systems 
          and Carrying Out Voting System Security Improvements

        ``Sec. 297. Grants for obtaining compliant paper ballot voting 
                            systems and carrying out voting system 
                            security improvements.
        ``Sec. 297A. Voting system security improvements described.
        ``Sec. 297B. Eligibility of States.
        ``Sec. 297C. Reports to Congress.
        ``Sec. 297D. Authorization of appropriations.

SEC. 112. 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 Commission.--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 security of election infrastructure by''.
    (b) Membership of Secretary of Homeland Security on Board of 
Advisors of Election Assistance 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 Homeland Security on Technical 
Guidelines Development Committee.--Section 221(c)(1) of such Act (52 
U.S.C. 20961(c)(1)) is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) A representative of the Department of 
                Homeland Security.''.
    (d) Goals of Periodic Studies of Election Administration 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 paragraph (5); and
            (4) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) will be secure against attempts to undermine 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)) 
        is amended by adding at the end the following new paragraph:
            ``(4) Permitting use of payments for voting 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 operations of 
                the information technology infrastructure described in 
                subparagraph (B).
                    ``(D) Enhancing the security of voter registration 
                databases.''.
            (2) Incorporation of election infrastructure 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 period at 
        the end and inserting ``, including the protection of election 
        infrastructure.''.
            (3) Composition of committee responsible for developing 
        state plan for use of payments.--Section 255 of such Act (52 
        U.S.C. 21005) is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) Geographic Representation.--The members 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 amended 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 Development Committee.''.

SEC. 113. 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 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 elections 
        for Federal office in the State.
            ``(3) The term `election infrastructure' means storage 
        facilities, polling places, and centralized vote tabulation 
        locations used to support the administration of elections for 
        public office, as well as related information and 
        communications technology, including voter registration 
        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.
            ``(4) 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.''.
    (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.''.

  Subtitle B--Grants for Risk-Limiting Audits of Results of Elections

SEC. 121. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING 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 
section 111(a), is amended by adding at the end the following new part:

  ``PART 8--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF 
                               ELECTIONS

``SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS 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 office held in November 2020 and each succeeding 
election for Federal office.
    ``(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 requirements of subsection (c); and
            ``(2) under which, if the reported outcome of the election 
        is incorrect, there is at least a predetermined 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 Procedures.--The rules and 
procedures established for conducting 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 accuracy of 
        ballot manifests produced by election agencies.
            ``(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 voting 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 methods to be 
        used in the audit and to determine whether 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 definitions 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 tabulate votes.
                    ``(B) The record functions as a sampling frame for 
                conducting a risk-limiting audit.
                    ``(C) The record contains the following information 
                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 physical groups 
                        of ballots, the numbering system 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 manually, 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 according to the canvass and which 
        will become the official, certified outcome unless it is 
        revised by an audit, recount, or other legal process.

``SEC. 298A. 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 application 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 298;
            ``(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 established or will 
        establish the rules and procedures for conducting the audits 
        which meet the requirements of section 298(c);
            ``(3) a certification that the audit shall be completed 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 necessary to confirm that the 
        audit was conducted properly;
            ``(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. 298B. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for grants under this 
part $20,000,000 for fiscal year 2019, to remain available until 
expended.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 111(b), is further amended by adding at the end of 
the items relating to subtitle D of title II the following:

  ``Part 8--Grants for Conducting Risk-Limiting Audits of Results of 
                               Elections

        ``Sec. 298. Grants for conducting risk-limiting audits of 
                            results of elections.
        ``Sec. 298A. Eligibility of States.
        ``Sec. 298B. Authorization of appropriations.

SEC. 122. 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 8 of subtitle D of title II 
of the Help America Vote Act of 2002 (as added by section 121) for 
conducting risk-limiting audits of elections for Federal office, the 
Comptroller General of the United States shall conduct an analysis of 
the extent to which such audits have improved the administration of 
such elections and the security 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 conducted under subsection (a) to the 
appropriate congressional committees.

  TITLE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION 
                             ADMINISTRATION

SEC. 201. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE COMPLIANCE WITH 
              ELECTION CYBERSECURITY GUIDELINES AND OTHER GUIDELINES.

    (a) Requiring Testing of Existing Voting Systems.--
            (1) In general.--Section 231(a) of the Help America Vote 
        Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the 
        end the following new paragraph:
            ``(3) Testing to ensure compliance with guidelines.--
                    ``(A) Testing.--Not later than 9 months before the 
                date of each regularly scheduled general election for 
                Federal office, the Commission shall provide for the 
                testing by accredited laboratories under this section 
                of the voting system hardware and software which was 
                certified for use in the most recent such election, on 
                the basis of the most recent voting system guidelines 
                applicable to such hardware or software (including 
                election cybersecurity guidelines) issued under this 
                Act.
                    ``(B) Decertification of hardware or software 
                failing to meet guidelines.--If, on the basis of the 
                testing described in subparagraph (A), the Commission 
                determines that any voting system hardware or software 
                does not meet the most recent guidelines applicable to 
                such hardware or software issued under this Act, the 
                Commission shall decertify such hardware or 
                software.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to the regularly scheduled general 
        election for Federal office held in November 2020 and each 
        succeeding regularly scheduled general election for Federal 
        office.
    (b) Issuance of Cybersecurity Guidelines by Technical Guidelines 
Development Committee.--Section 221(b) of the Help America Vote Act of 
2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following 
new paragraph:
            ``(3) Election cybersecurity guidelines.--Not later than 6 
        months after the date of the enactment of this paragraph, the 
        Development Committee shall issue election cybersecurity 
        guidelines, including standards and best practices for 
        procuring, maintaining, testing, operating, and updating 
        election systems to prevent and deter cybersecurity 
        incidents.''.

SEC. 202. REQUIRING USE OF SOFTWARE AND HARDWARE FOR WHICH INFORMATION 
              IS DISCLOSED BY MANUFACTURER.

    (a) Requirement.--Section 301(a) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)), as amended by sections 104 and 105, is 
amended by adding at the end the following new paragraph:
            ``(9) Requiring use of software and hardware for which 
        information is disclosed by manufacturer.--
                    ``(A) Requiring use of software for which source 
                code is disclosed by manufacturer.--
                            ``(i) In general.--In the operation of 
                        voting systems in an election for Federal 
                        office, a State may only use software for which 
                        the manufacturer makes the source code (in the 
                        form in which will be used at the time of the 
                        election) publicly available online under a 
                        license that grants a worldwide, royalty-free, 
                        non-exclusive, perpetual, sub-licensable 
                        license to all intellectual property rights in 
                        such source code, except that the manufacturer 
                        may prohibit a person who obtains the software 
                        from using the software in a manner that is 
                        primarily intended for or directed toward 
                        commercial advantage or private monetary 
                        compensation that is unrelated to carrying out 
                        legitimate research or cybersecurity activity.
                            ``(ii) Exceptions.--Clause (i) does not 
                        apply with respect to--
                                    ``(I) widely-used operating system 
                                software which is not specific to 
                                voting systems and for which the source 
                                code or baseline functionality is not 
                                altered; or
                                    ``(II) widely-used cybersecurity 
                                software which is not specific to 
                                voting systems and for which the source 
                                code or baseline functionality is not 
                                altered.
                    ``(B) Requiring use of hardware for which 
                information is disclosed by manufacturer.--
                            ``(i) Requiring disclosure of hardware.--A 
                        State may not use a voting system in an 
                        election for Federal office unless the 
                        manufacturer of the system publicly discloses 
                        online the identification of the hardware used 
                        to operate the system.
                            ``(ii) Additional disclosure requirements 
                        for custom or altered hardware.--To the extent 
                        that the hardware used to operate a voting 
                        system or any component thereof is not widely-
                        used, or is widely-used but is altered, the 
                        State may not use the system in an election for 
                        Federal office unless--
                                    ``(I) the manufacturer of the 
                                system publicly discloses online the 
                                components of the hardware, the design 
                                of such components, and how such 
                                components are connected in the 
                                operation of the system; and
                                    ``(II) the manufacturer makes the 
                                design (in the form which will be used 
                                at the time of the election) publicly 
                                available online under a license that 
                                grants a worldwide, royalty-free, non-
                                exclusive, perpetual, sub-licensable 
                                license to all intellectual property 
                                rights in the design of the hardware or 
                                the component, except that the 
                                manufacturer may prohibit a person who 
                                obtains the design from using the 
                                design in a manner that is primarily 
                                intended for or directed toward 
                                commercial advantage or private 
                                monetary compensation that is unrelated 
                                to carrying out legitimate research or 
                                cybersecurity activity.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections for Federal office held in 2020 or any 
succeeding year.

SEC. 203. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING SYSTEMS.

    (a) Inclusion in Definition of Voting System.--Section 301(b) of 
the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``this section'' and inserting ``this Act'';
            (2) by striking ``and'' at the end of paragraph (1);
            (3) by redesignating paragraph (2) as paragraph (3); and
            (4) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) any electronic poll book used with respect to the 
        election; and''.
    (b) Definition.--Section 301 of such Act (52 U.S.C. 21081) is 
amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Electronic Poll Book Defined.--In this Act, the term 
`electronic poll book' means the total combination of mechanical, 
electromechanical, or electronic equipment (including the software, 
firmware, and documentation required to program, control, and support 
the equipment) that is used--
            ``(1) to retain the list of registered voters at a polling 
        location, or vote center, or other location at which voters 
        cast votes in an election for Federal office; and
            ``(2) to identify registered voters who are eligible to 
        vote in an election.''.
    (c) Effective Date.--Section 301(e) of such Act (52 U.S.C. 
21081(e)), as redesignated by subsection (b), is amended by striking 
the period at the end and inserting the following: ``, or, with respect 
to any requirements relating to electronic poll books, on and after 
January 1, 2020.''.

SEC. 204. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    (a) Requiring States To Submit Reports.--Title III of the Help 
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by 
inserting after section 301 the following new section:

``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    ``(a) Requiring States To Submit Reports.--Not later than 120 days 
before the date of each regularly scheduled general election for 
Federal office, the chief State election official of a State shall 
submit a report to the Commission containing a detailed voting system 
usage plan for each jurisdiction in the State which will administer the 
election, including a detailed plan for the usage of electronic poll 
books and other equipment and components of such system.
    ``(b) Effective Date.--Subsection (a) shall apply with respect to 
the regularly scheduled general election for Federal office held in 
November 2020 and each succeeding regularly scheduled general election 
for Federal office.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, 
and 303'' and inserting ``subtitle A of title III''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 301 the 
following new item:

``Sec. 301A. Pre-election reports on voting system usage.''.

SEC. 205. STREAMLINING COLLECTION OF ELECTION INFORMATION.

    Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) 
is amended--
            (1) by striking ``The Commission'' and inserting ``(a) In 
        General.--The Commission''; and
            (2) by adding at the end the following new subsection:
    ``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35 
of title 44, United States Code, shall not apply to the collection of 
information for purposes of maintaining the clearinghouse described in 
paragraph (1) of subsection (a).''.

         TITLE III--ELECTION SECURITY GRANTS ADVISORY COMMITTEE

SEC. 301. ESTABLISHMENT OF ADVISORY COMMITTEE.

    (a) In General.--Subtitle A of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end 
the following:

         ``PART 4--ELECTION SECURITY GRANTS ADVISORY COMMITTEE

``SEC. 225. ELECTION SECURITY GRANTS ADVISORY COMMITTEE.

    ``(a) Establishment.--There is hereby established an advisory 
committee (hereinafter in this part referred to as the `Committee') to 
assist the Commission with respect to the award of grants to States 
under this Act for the purpose of election security.
    ``(b) Duties.--
            ``(1) In general.--The Committee shall, with respect to an 
        application for a grant received by the Commission--
                    ``(A) review such application; and
                    ``(B) recommend to the Commission whether to award 
                the grant to the applicant.
            ``(2) Considerations.--In reviewing an application pursuant 
        to paragraph (1)(A), the Committee shall consider--
                    ``(A) the record of the applicant with respect to--
                            ``(i) compliance of the applicant with the 
                        requirements under subtitle A of title III; and
                            ``(ii) adoption of voluntary guidelines 
                        issued by the Commission under subtitle B of 
                        title III; and
                    ``(B) the goals and requirements of election 
                security as described in the Securing America's Federal 
                Elections Act.
    ``(c) Membership.--The Committee shall be composed of 15 
individuals appointed by the Executive Director of the Commission with 
experience and expertise in election security.
    ``(d) No Compensation for Service.--Members of the Committee shall 
not receive any compensation for their service, but shall be paid 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Committee.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

   TITLE IV--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES

SEC. 401. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)), as amended by section 104, section 105, and section 202 is 
amended by adding at the end the following new paragraph:
            ``(10) Voting machine requirements.--By not later than the 
        date of the regularly scheduled general election for Federal 
        office occurring in November 2022, each State shall seek to 
        ensure that any voting machine used in such election and in any 
        subsequent election for Federal office is manufactured in the 
        United States.''.

                         TITLE V--SEVERABILITY

SEC. 501. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this Act and 
amendments made by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be affected by the 
holding.
                                 <all>