IIB 116TH CONGRESS 1ST SESSION H R 2722 IN THE SENATE OF THE UNITED STATES JUNE 28 legislative day JUNE 27 2019 Received read twice and referred to the Committee on Rules and Administration AN ACT 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 1 Be it enacted by the Senate and House of Representa- pamtmann on DSKBFK8HB2PROD with BILLS 2 tives of the United States of America in Congress assembled VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 2 1 SECTION 1 SHORT TITLE TABLE OF CONTENTS 2 a SHORT TITLE —This Act may be cited as the 3 ‘‘Securing America’s Federal Elections Act’’ or the 4 ‘‘SAFE Act’’ 5 b TABLE OF CONTENTS —The table of contents of 6 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 Sec Sec Sec Sec Sec Sec 101 102 103 104 105 106 107 Short title Paper ballot and manual counting requirements Accessibility and ballot verification for individuals with disabilities Durability and readability requirements for ballots Paper ballot printing requirements Study and report on optimal ballot design 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 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—Risk-Limiting Audits Sec 121 Risk-limiting audits Sec 122 Funding for conducting post-election risk-limiting audits Sec 123 GAO analysis of effects of audits pamtmann on DSKBFK8HB2PROD with BILLS TITLE II—PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION ADMINISTRATION Sec 201 Voting system cybersecurity requirements Sec 202 Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines Sec 203 Requiring use of software and hardware for which information is disclosed by manufacturer Sec 204 Treatment of electronic poll books as part of voting systems Sec 205 Pre-election reports on voting system usage Sec 206 Streamlining collection of election information HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E BILLS H2722 RFS H2722 3 TITLE III—USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES Sec 301 Use of voting machines manufactured in the United States TITLE IV—SEVERABILITY Sec 401 Severability 1 2 3 4 5 TITLE I—FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE Subtitle A—Voting System Security Improvement Grants 6 PART 1—PROMOTING ACCURACY INTEGRITY 7 AND SECURITY THROUGH VOTER-VERIFIED 8 PERMANENT PAPER BALLOT 9 SEC 101 SHORT TITLE 10 This subtitle may be cited as the ‘‘Voter Confidence 11 and Increased Accessibility Act of 2019’’ 12 SEC 102 PAPER BALLOT AND MANUAL COUNTING RE- 13 14 QUIREMENTS a IN GENERAL —Section 301 a 2 of the Help 15 America Vote Act of 2002 52 U S C 21081 a 2 is 16 amended to read as follows 17 ‘‘ 2 PAPER 18 ‘‘ A VOTER-VERIFIED 19 pamtmann on DSKBFK8HB2PROD with BILLS BALLOT REQUIREMENT — ‘‘ i PAPER PAPER BALLOTS — BALLOT REQUIREMENT — 20 I The voting system shall require the use 21 of an individual durable voter-verified 22 paper ballot of the voter’s vote that shall HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 pamtmann on DSKBFK8HB2PROD with BILLS 4 1 be marked and made available for inspec- 2 tion and verification by the voter before 3 the voter’s vote is cast and counted and 4 which shall be counted by hand or read by 5 an optical character recognition device or 6 other counting device For purposes of this 7 subclause the term ‘individual durable 8 voter-verified paper ballot’ means a paper 9 ballot marked by the voter by hand or a 10 paper ballot marked through the use of a 11 nontabulating ballot marking device or sys- 12 tem so long as the voter shall have the op- 13 tion to mark his or her ballot by hand The 14 paper ballot shall be printed or marked in 15 such a way that vote selections including 16 all vote selections scanned by voting sys- 17 tems to tabulate votes can be inspected 18 and verified by the voter without training 19 or instruction or audited by election offi- 20 cials without the aid of any machine or 21 other equipment 22 ‘‘ II The voting system shall provide 23 the voter with an opportunity to correct 24 any error on the paper ballot before the HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 5 1 permanent voter-verified paper ballot is 2 preserved in accordance with clause ii 3 ‘‘ III The voting system shall not 4 preserve the voter-verified paper ballots in 5 any manner that makes it possible at any 6 time after the ballot has been cast to asso- 7 ciate a voter with the record of the voter’s 8 vote without the voter’s consent 9 ‘‘ ii AS RECORD —The 11 verified paper ballot used in accordance 12 with clause i shall constitute the official 13 ballot and shall be preserved and used as 14 the official ballot for purposes of any re- 15 count or audit conducted with respect to 16 any election for Federal office in which the 17 voting system is used individual durable voter- ‘‘ iii MANUAL COUNTING REQUIRE- 19 MENTS FOR RECOUNTS AND AUDITS — I 20 Each paper ballot used pursuant to clause 21 i shall be suitable for a manual audit 22 and shall be counted by hand in any re- 23 count or audit conducted with respect to 24 any election for Federal office HR 2722 RFS VerDate Sep 11 2014 OFFICIAL 10 18 pamtmann on DSKBFK8HB2PROD with BILLS PRESERVATION 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 6 1 ‘‘ II In the event of any inconsist- 2 encies or irregularities between any elec- 3 tronic vote tallies and the vote tallies de- 4 termined by counting by hand the indi- 5 vidual durable voter-verified paper ballots 6 used pursuant to clause i and subject to 7 subparagraph B the individual durable 8 voter-verified paper ballots shall be the 9 true and correct record of the votes cast 10 ‘‘ iv APPLICATION ALL LOTS —The 12 graph shall apply to all ballots cast in elec- 13 tions for Federal office including ballots 14 cast by absent uniformed services voters 15 and overseas voters under the Uniformed 16 and Overseas Citizens Absentee Voting Act 17 and other absentee voters 18 ‘‘ B SPECIAL requirements of this subpara- RULE FOR TREATMENT OF 19 DISPUTES WHEN PAPER BALLOTS HAVE BEEN 20 SHOWN TO BE COMPROMISED — ‘‘ i 22 IN GENERAL —In the event that— 23 ‘‘ I there is any inconsistency 24 between any electronic vote tallies and 25 the vote tallies determined by count- HR 2722 RFS VerDate Sep 11 2014 BAL- 11 21 pamtmann on DSKBFK8HB2PROD with BILLS TO 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 pamtmann on DSKBFK8HB2PROD with BILLS 7 1 ing by hand the individual durable 2 voter-verified paper ballots used pur- 3 suant to subparagraph A i with re- 4 spect to any election for Federal of- 5 fice and 6 ‘‘ II it is demonstrated by clear 7 and convincing evidence as deter- 8 mined in accordance with the applica- 9 ble standards in the jurisdiction in- 10 volved in any recount audit or con- 11 test of the result of the election that 12 the paper ballots have been com- 13 promised by damage or mischief or 14 otherwise and that a sufficient num- 15 ber of the ballots have been so com- 16 promised that the result of the elec- 17 tion could be changed 18 the determination of the appropriate rem- 19 edy with respect to the election shall be 20 made in accordance with applicable State 21 law except that the electronic tally shall 22 not be used as the exclusive basis for de- 23 termining the official certified result 24 ‘‘ ii RULE 25 FOR CONSIDERATION OF BALLOTS ASSOCIATED WITH EACH VOTING HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 8 1 MACHINE —For 2 only 3 promised if any shall be considered in the 4 calculation of whether or not the result of 5 the election could be changed due to the 6 compromised paper ballots ’’ 7 8 the paper purposes of clause i ballots deemed com- b CONFORMING AMENDMENT CLARIFYING APPLICABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY — 9 Section 301 a 4 of such Act 52 U S C 21081 a 4 10 is amended by inserting ‘‘ including the paper ballots re11 quired to be used under paragraph 2 ’’ after ‘‘voting sys12 tem’’ 13 c OTHER CONFORMING AMENDMENTS —Section 14 301 a 1 of such Act 52 U S C 21081 a 1 is amend- pamtmann on DSKBFK8HB2PROD with BILLS 15 ed— 16 1 in subparagraph A i by striking ‘‘count- 17 ed’’ and inserting ‘‘counted in accordance with 18 paragraphs 2 and 3 ’’ 19 2 in subparagraph A ii by striking ‘‘count- 20 ed’’ and inserting ‘‘counted in accordance with 21 paragraphs 2 and 3 ’’ 22 3 in subparagraph A iii by striking ‘‘count- 23 ed’’ each place it appears and inserting ‘‘counted in 24 accordance with paragraphs 2 and 3 ’’ and HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 9 1 4 in subparagraph B ii by striking ‘‘count- 2 ed’’ and inserting ‘‘counted in accordance with 3 paragraphs 2 and 3 ’’ 4 SEC 103 ACCESSIBILITY AND BALLOT VERIFICATION FOR 5 6 INDIVIDUALS WITH DISABILITIES a IN GENERAL —Section 301 a 3 B of the Help 7 America Vote Act of 2002 52 U S C 21081 a 3 B is pamtmann on DSKBFK8HB2PROD with BILLS 8 amended to read as follows 9 ‘‘ B i ensure that individuals with dis- 10 abilities and others are given an equivalent op- 11 portunity to vote including with privacy and 12 independence in a manner that produces a 13 voter-verified paper ballot as for other voters 14 ‘‘ ii satisfy the requirement of subpara- 15 graph A through the use of at least one voting 16 system equipped for individuals with disabil- 17 ities including nonvisual and enhanced visual 18 accessibility for the blind and visually impaired 19 and nonmanual and enhanced manual accessi- 20 bility for the mobility and dexterity impaired at 21 each polling place and 22 ‘‘ iii meet the requirements of subpara- 23 graph A and paragraph 2 A by using a sys- 24 tem that— HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 10 1 ‘‘ I allows the voter to privately and 2 independently verify the permanent paper 3 ballot through the presentation in acces- 4 sible form of the printed or marked vote 5 selections 6 marked information that would be used for 7 any vote counting or auditing and from the same printed or 8 ‘‘ II allows the voter to privately and 9 independently verify and cast the perma- 10 nent paper ballot without requiring the 11 voter to manually handle the paper ballot 12 and’’ 13 14 b SPECIFIC REQUIREMENT AND DEVELOPMENT OF OF STUDY TESTING ACCESSIBLE PAPER BALLOT 15 VERIFICATION MECHANISMS — 16 1 STUDY title II of such Act 52 U S C 21081 et seq is 18 amended— A by redesignating section 247 as section 20 248 and 21 B by inserting after section 246 the fol- 22 lowing new section HR 2722 RFS VerDate Sep 11 2014 C of 17 19 pamtmann on DSKBFK8HB2PROD with BILLS AND REPORTING —Subtitle 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 11 1 ‘‘SEC 247 STUDY AND REPORT ON ACCESSIBLE PAPER 2 3 BALLOT VERIFICATION MECHANISMS ‘‘ a STUDY AND REPORT —The Director of the Na- 4 tional Science Foundation shall make grants to not fewer 5 than three eligible entities to study test and develop ac6 cessible paper ballot voting verification and casting mech7 anisms and devices and best practices to enhance the ac8 cessibility of paper ballot voting and verification mecha9 nisms for individuals with disabilities for voters whose pri10 mary language is not English and for voters with difficul11 ties in literacy including best practices for the mecha12 nisms themselves and the processes through which the 13 mechanisms are used 14 ‘‘ b ELIGIBILITY —An entity is eligible to receive a 15 grant under this part if it submits to the Director at such 16 time and in such form as the Director may require an pamtmann on DSKBFK8HB2PROD with BILLS 17 application containing— 18 ‘‘ 1 certifications that the entity shall specifi- 19 cally investigate enhanced methods or devices in- 20 cluding non-electronic devices that will assist such 21 individuals and voters in marking voter-verified 22 paper ballots and presenting or transmitting the in- 23 formation printed or marked on such ballots back to 24 such individuals and voters and casting such ballots HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 12 1 ‘‘ 2 a certification that the entity shall com- 2 plete the activities carried out with the grant not 3 later than December 31 2020 and 4 ‘‘ 3 such other information and certifications 5 as the Director may require 6 ‘‘ c AVAILABILITY OF TECHNOLOGY —Any tech- 7 nology developed with the grants made under this section 8 shall be treated as non-proprietary and shall be made 9 available to the public including to manufacturers of vot10 ing systems 11 12 ‘‘ d COORDINATION WITH GRANTS NOLOGY FOR TECH- IMPROVEMENTS —The Director shall carry out 13 this section so that the activities carried out with the 14 grants made under subsection a are coordinated with the 15 research conducted under the grant program carried out 16 by the Commission under section 271 to the extent that 17 the Director and Commission determine necessary to pro18 vide for the advancement of accessible voting technology 19 ‘‘ e AUTHORIZATION OF APPROPRIATIONS —There 20 is authorized to be appropriated to carry out subsection 21 a $5 000 000 to remain available until expended ’’ 22 pamtmann on DSKBFK8HB2PROD with BILLS 23 2 CLERICAL AMENDMENT —The table of con- tents of such Act is amended— 24 A by redesignating the item relating to 25 section 247 as relating to section 248 and HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 13 1 B by inserting after the item relating to 2 section 246 the following new item ‘‘Sec 247 Study and report on accessible paper ballot verification mechanisms ’’ 3 c CLARIFICATION ACCESSIBILITY STANDARDS OF 4 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE —In 5 adopting any voluntary guidance under subtitle B of title 6 III of the Help America Vote Act with respect to the ac7 cessibility of the paper ballot verification requirements for 8 individuals with disabilities the Election Assistance Com9 mission shall include and apply the same accessibility 10 standards applicable under the voluntary guidance adopt11 ed for accessible voting systems under such subtitle 12 d PERMITTING USE 13 AND 14 FORCE ADVOCACY SYSTEMS OF TO FUNDS FOR PROTECTION SUPPORT ACTIONS TO EN- ELECTION-RELATED DISABILITY ACCESS —Sec- 15 tion 292 a of the Help America Vote Act of 2002 52 16 U S C 21062 a is amended by striking ‘‘ except that’’ 17 and all that follows and inserting a period 18 SEC 104 DURABILITY AND READABILITY REQUIREMENTS 19 20 FOR BALLOTS Section 301 a of the Help America Vote Act of 2002 21 52 U S C 21081 a is amended by adding at the end pamtmann on DSKBFK8HB2PROD with BILLS 22 the following new paragraph 23 24 ‘‘ 7 DURABILITY AND READABILITY REQUIRE- MENTS FOR BALLOTS — HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 14 1 ‘‘ A DURABILITY 2 ‘‘ i IN GENERAL —All voter-verified 4 paper ballots required to be used under 5 this Act shall be marked or printed on du- 6 rable paper 7 ‘‘ ii DEFINITION —For purposes of 8 this Act paper is ‘durable’ if it is capable 9 of withstanding multiple counts and re- 10 counts by hand without compromising the 11 fundamental integrity of the ballots and 12 capable 13 marked or printed on them for the full du- 14 ration of a retention and preservation pe- 15 riod of 22 months 16 ‘‘ B READABILITY of retaining the information REQUIREMENTS FOR 17 PAPER BALLOTS MARKED BY BALLOT MARKING 18 DEVICE —All 19 pleted by the voter through the use of a ballot 20 marking device shall be clearly readable by the 21 voter without assistance other than eyeglasses 22 or other personal vision enhancing devices and 23 by an optical character recognition device or 24 other device equipped for individuals with dis- 25 abilities ’’ voter-verified paper ballots com- HR 2722 RFS VerDate Sep 11 2014 FOR PAPER BALLOTS — 3 pamtmann on DSKBFK8HB2PROD with BILLS REQUIREMENTS 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 15 1 SEC 105 PAPER BALLOT PRINTING REQUIREMENTS 2 a REQUIRING PAPER BALLOTS TO BE PRINTED ON 3 RECYCLED PAPER MANUFACTURED UNITED IN 4 STATES —Section 301 a of the Help America Vote Act 5 of 2002 52 U S C 21081 a as amended by section 104 6 is amended by adding at the end the following new para7 graph 8 ‘‘ 8 9 PRINTING LOTS —All REQUIREMENTS FOR BAL- paper ballots used in an election for Fed- 10 eral office shall be printed in the United States on 11 recycled paper manufactured in the United States ’’ 12 b EFFECTIVE DATE —The amendment made by 13 subsection a shall apply with respect to elections occur14 ring on or after January 1 2021 15 SEC 106 STUDY AND REPORT ON OPTIMAL BALLOT DE- 16 17 SIGN a STUDY —The Election Assistance Commission 18 shall conduct a study of the best ways to design ballots 19 used in elections for public office including paper ballots 20 and electronic or digital ballots to minimize confusion and 21 user errors 22 b REPORT —Not later than January 1 2020 the pamtmann on DSKBFK8HB2PROD with BILLS 23 Election Assistance Commission shall submit to Congress 24 a report on the study conducted under subsection a HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 16 1 SEC 107 EFFECTIVE DATE FOR NEW REQUIREMENTS 2 Section 301 d of the Help America Vote Act of 2002 3 52 U S C 21081 d is amended to read as follows 4 ‘‘ d EFFECTIVE DATE — 5 ‘‘ 1 IN as provided in para- 6 graph 2 each State and jurisdiction shall be re- 7 quired to comply with the requirements of this sec- 8 tion on and after January 1 2006 9 10 ‘‘ 2 SPECIAL RULE FOR CERTAIN REQUIRE- MENTS — 11 pamtmann on DSKBFK8HB2PROD with BILLS GENERAL —Except ‘‘ A IN GENERAL —Except as provided in 12 section 105 b of the Securing America’s Fed- 13 eral Elections Act and subparagraphs B and 14 C the requirements of this section which are 15 first imposed on a State and jurisdiction pursu- 16 ant to the amendments made by the Voter Con- 17 fidence and Increased Accessibility Act of 2019 18 shall apply with respect to voting systems used 19 for any election for Federal office held in 2020 20 or any succeeding year 21 ‘‘ B DELAY FOR JURISDICTIONS USING 22 CERTAIN PAPER RECORD PRINTERS OR CERTAIN 23 SYSTEMS 24 VERIFIED PAPER RECORDS IN 2018 — USING OR PRODUCING 25 ‘‘ i DELAY —In the case of a juris- 26 diction described in clause ii subparaHR 2722 RFS VerDate Sep 11 2014 VOTER- 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 pamtmann on DSKBFK8HB2PROD with BILLS 17 1 graph A shall apply to a voting system in 2 the jurisdiction as if the reference in such 3 subparagraph to ‘2020’ were a reference to 4 ‘2022’ but only with respect to the fol- 5 lowing requirements of this section 6 ‘‘ I Paragraph 2 A i I of 7 subsection a relating to the use of 8 voter-verified paper ballots 9 ‘‘ II Paragraphs 3 B iii I 10 and II of subsection a relating to 11 access to verification from and casting 12 of the durable paper ballot 13 ‘‘ III Paragraph 7 of sub- 14 section a relating to durability and 15 readability requirements for ballots 16 ‘‘ ii JURISDICTIONS DESCRIBED —A 17 jurisdiction described in this clause is a ju- 18 risdiction— 19 ‘‘ I which used voter-verified 20 paper record printers attached to di- 21 rect recording electronic voting ma- 22 chines or which used other voting 23 systems that used or produced paper 24 records of the vote verifiable by voters 25 but that are not in compliance with HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 18 1 paragraphs 2 A i I 3 B iii I 2 and II and 7 of subsection a as 3 amended or added by the Voter Con- 4 fidence and Increased Accessibility 5 Act of 2019 for the administration 6 of the regularly scheduled general 7 election for Federal office held in No- 8 vember 2018 and 9 ‘‘ II which will continue to use 10 such printers or systems for the ad- 11 ministration of elections for Federal 12 office held in years before 2022 13 ‘‘ iii MANDATORY 14 PAPER 15 USING 16 SYSTEMS — pamtmann on DSKBFK8HB2PROD with BILLS 17 BALLOTS AT AVAILABILITY OF POLLING GRANDFATHERED ‘‘ I REQUIRING PRINTERS AND BALLOTS TO BE 18 OFFERED AND PROVIDED —The 19 propriate election official at each poll- 20 ing place that uses a printer or sys- 21 tem described in clause ii I for the 22 administration of elections for Federal 23 office shall offer each individual who 24 is eligible to cast a vote in the election 25 at the polling place the opportunity to HR 2722 RFS VerDate Sep 11 2014 PLACES 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 ap- 19 1 cast the vote using a blank pre-print- 2 ed paper ballot which the individual 3 may mark by hand and which is not 4 produced by the direct recording elec- 5 tronic voting machine or other such 6 system The official shall provide the 7 individual with the ballot and the sup- 8 plies necessary to mark the ballot and 9 shall ensure to the greatest extent 10 practicable that the waiting period 11 for the individual to cast a vote is the 12 lesser of 30 minutes or the average 13 waiting period for an individual who 14 does not agree to cast the vote using 15 such a paper ballot under this clause pamtmann on DSKBFK8HB2PROD with BILLS 16 ‘‘ II TREATMENT OF BALLOT — 17 Any paper ballot which is cast by an 18 individual under this clause shall be 19 counted and otherwise treated as a 20 regular ballot for all purposes includ- 21 ing by incorporating it into the final 22 unofficial vote count as defined by 23 the State for the precinct and not as 24 a provisional ballot unless the indi- 25 vidual casting the ballot would have HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 20 1 otherwise been required to cast a pro- 2 visional ballot 3 ‘‘ III POSTING NOTICE — 4 The appropriate election official shall 5 ensure there is prominently displayed 6 at each polling place a notice that de- 7 scribes the obligation of the official to 8 offer individuals the opportunity to 9 cast votes using a pre-printed blank 10 paper ballot 11 pamtmann on DSKBFK8HB2PROD with BILLS OF ‘‘ IV TRAINING OF ELECTION 12 OFFICIALS —The 13 official shall ensure that election offi- 14 cials at polling places in the State are 15 aware of the requirements of this 16 clause including the requirement to 17 display a notice under subclause III 18 and are aware that it is a violation of 19 the requirements of this title for an 20 election official to fail to offer an indi- 21 vidual the opportunity to cast a vote 22 using a blank pre-printed paper ballot chief State election 23 ‘‘ V 24 BILITY —The 25 clause apply only during the period in PERIOD OF requirements of this HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 APPLICA- E BILLS H2722 RFS H2722 21 1 which the delay is in effect under 2 clause i 3 ‘‘ C SPECIAL 4 USING 5 MARKING DEVICES —In 6 tion which uses a nontabulating ballot marking 7 device which automatically deposits the ballot 8 into a privacy sleeve subparagraph A shall 9 apply to a voting system in the jurisdiction as 10 if the reference in such subparagraph to ‘any 11 election for Federal office held in 2020 or any 12 succeeding year’ were a reference to ‘elections 13 for Federal office occurring held in 2022 or 14 each succeeding year’ but only with respect to 15 paragraph 3 B iii II of subsection a re- 16 lating to nonmanual casting of the durable 17 paper ballot ’’ 18 PART 2—GRANTS TO CARRY OUT 19 IMPROVEMENTS 20 SEC 111 GRANTS FOR OBTAINING COMPLIANT PAPER BAL- 21 LOT VOTING SYSTEMS AND CARRYING OUT 22 VOTING SYSTEM SECURITY IMPROVEMENTS 23 pamtmann on DSKBFK8HB2PROD with BILLS RULE FOR JURISDICTIONS CERTAIN a AVAILABILITY OF NONTABULATING BALLOT the case of a jurisdic- GRANTS —Subtitle D of title 24 II of the Help America Vote Act of 2002 52 U S C HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 22 1 21001 et seq is amended by adding at the end the fol2 lowing new part 3 ‘‘PART 7—GRANTS FOR OBTAINING COMPLIANT 4 PAPER BALLOT VOTING SYSTEMS AND CAR- 5 RYING OUT VOTING SYSTEM SECURITY IM- 6 PROVEMENTS 7 ‘‘SEC 297 GRANTS FOR OBTAINING COMPLIANT PAPER 8 BALLOT VOTING SYSTEMS AND CARRYING 9 OUT VOTING SYSTEM SECURITY IMPROVE- 10 11 MENTS ‘‘ a AVAILABILITY AND USE OF GRANT —The Com- 12 mission shall make a grant to each eligible State— pamtmann on DSKBFK8HB2PROD with BILLS 13 ‘‘ 1 to replace a voting system— 14 ‘‘ A which does not meet the requirements 15 which are first imposed on the State pursuant 16 to the amendments made by the Voter Con- 17 fidence and Increased Accessibility Act of 2019 18 with a voting system which does meet such re- 19 quirements for use in the regularly scheduled 20 general elections for Federal office held in No- 21 vember 2020 or 22 ‘‘ B which does meet such requirements 23 but which is not in compliance with the most 24 recent voluntary voting system guidelines issued 25 by the Commission prior to the regularly sched- HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 23 1 uled general election for Federal office held in 2 November 2020 with another system which does 3 meet such requirements and is in compliance 4 with such guidelines 5 ‘‘ 2 to carry out voting system security im- 6 provements described in section 297A with respect 7 to the regularly scheduled general elections for Fed- 8 eral office held in November 2020 and each suc- 9 ceeding election for Federal office and 10 ‘‘ 3 to implement and model best practices for 11 ballot design ballot instructions and the testing of 12 ballots 13 ‘‘ b AMOUNT OF GRANT —The amount of a grant 14 made to a State under this section shall be such amount 15 as the Commission determines to be appropriate except 16 that such amount may not be less than the product of 17 $1 and the average of the number of individuals who cast 18 votes in any of the two most recent regularly scheduled 19 general elections for Federal office held in the State 20 ‘‘ c PRO RATA REDUCTIONS —If the amount of 21 funds appropriated for grants under this part is insuffi22 cient to ensure that each State receives the amount of the pamtmann on DSKBFK8HB2PROD with BILLS 23 grant calculated under subsection b the Commission 24 shall make such pro rata reductions in such amounts as HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 24 1 may be necessary to ensure that the entire amount appro2 priated under this part is distributed to the States 3 ‘‘ d SURPLUS APPROPRIATIONS —If the amount of 4 funds appropriated for grants authorized under section 5 297D a 2 exceed the amount necessary to meet the re6 quirements of subsection b the Commission shall con7 sider the following in making a determination to award 8 remaining funds to a State 9 ‘‘ 1 The record of the State in carrying out the 10 following with respect to the administration of elec- 11 tions for Federal office 12 ‘‘ A Providing voting machines that are 13 less than 10 years old 14 ‘‘ B Implementing strong chain of custody 15 procedures for the physical security of voting 16 equipment and paper records at all stages of 17 the process 18 ‘‘ C Conducting pre-election testing on 19 every voting machine and ensuring that paper 20 ballots are available wherever electronic ma- 21 chines are used 22 ‘‘ D Maintaining offline backups of voter pamtmann on DSKBFK8HB2PROD with BILLS 23 registration lists HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 25 1 ‘‘ E Providing a secure voter registration 2 database that logs requests submitted to the 3 database 4 ‘‘ F Publishing and enforcing a policy de- 5 tailing use limitations and security safeguards 6 to protect the personal information of voters in 7 the voter registration process 8 ‘‘ G Providing secure processes and proce- 9 dures for reporting vote tallies pamtmann on DSKBFK8HB2PROD with BILLS 10 ‘‘ H Providing a secure platform for dis- 11 seminating vote totals 12 ‘‘ 2 Evidence of established conditions of inno- 13 vation and reform in providing voting system secu- 14 rity and the proposed plan of the State for imple- 15 menting additional conditions 16 ‘‘ 3 Evidence of collaboration between relevant 17 stakeholders including local election officials in de- 18 veloping the grant implementation plan described in 19 section 297B 20 ‘‘ 4 The plan of the State to conduct a rig- 21 orous evaluation of the effectiveness of the activities 22 carried out with the grant 23 ‘‘ e ABILITY 24 MINISTER OF REPLACEMENT SYSTEMS TO AD- RANKED CHOICE ELECTIONS —To the greatest 25 extent practicable an eligible State which receives a grant HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 26 1 to replace a voting system under this section shall ensure 2 that the replacement system is capable of administering 3 a system of ranked choice voting under which each voter 4 shall rank the candidates for the office in the order of 5 the voter’s preference 6 ‘‘SEC 297A VOTING SYSTEM SECURITY IMPROVEMENTS 7 8 DESCRIBED ‘‘ a PERMITTED USES —A voting system security 9 improvement described in this section is any of the fol- pamtmann on DSKBFK8HB2PROD with BILLS 10 lowing 11 ‘‘ 1 The acquisition of goods and services from 12 qualified election infrastructure vendors by purchase 13 lease or such other arrangements as may be appro- 14 priate 15 ‘‘ 2 Cyber and risk mitigation training 16 ‘‘ 3 A security risk and vulnerability assess- 17 ment of the State’s election infrastructure which is 18 carried out by a provider of cybersecurity services 19 under a contract entered into between the chief 20 State election official and the provider 21 ‘‘ 4 The maintenance of election infrastruc- 22 ture including addressing risks and vulnerabilities 23 which are identified under either of the security risk 24 and vulnerability assessments described in para- 25 graph 3 except that none of the funds provided HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 27 1 under this part may be used to renovate or replace 2 a building or facility which is used primarily for pur- 3 poses other than the administration of elections for 4 public office 5 ‘‘ 5 Providing increased technical support for 6 any information technology infrastructure that the 7 chief State election official deems to be part of the 8 State’s election infrastructure or designates as crit- 9 ical to the operation of the State’s election infra- 10 structure 11 ‘‘ 6 Enhancing the cybersecurity and oper- 12 ations of the information technology infrastructure 13 described in paragraph 4 14 ‘‘ 7 Enhancing the cybersecurity of voter reg- 15 istration systems 16 ‘‘ b QUALIFIED ELECTION INFRASTRUCTURE VEN- 17 DORS DESCRIBED — pamtmann on DSKBFK8HB2PROD with BILLS 18 ‘‘ 1 IN GENERAL —For purposes of this part 19 a ‘qualified election infrastructure vendor’ is any 20 person who provides supports or maintains or who 21 seeks to provide support or maintain election in- 22 frastructure on behalf of a State unit of local gov- 23 ernment or election agency who meets the criteria 24 described in paragraph 2 HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 pamtmann on DSKBFK8HB2PROD with BILLS 28 1 ‘‘ 2 CRITERIA —The criteria described in this 2 paragraph are such criteria as the Chairman in co- 3 ordination with the Secretary of Homeland Security 4 shall establish and publish and shall include each of 5 the following requirements 6 ‘‘ A The vendor must be owned and con- 7 trolled by a citizen or permanent resident of the 8 United States 9 ‘‘ B The vendor must disclose to the 10 Chairman and the Secretary and to the chief 11 State election official of any State to which the 12 vendor provides any goods and services with 13 funds provided under this part of any sourcing 14 outside the United States for parts of the elec- 15 tion infrastructure 16 ‘‘ C The vendor agrees to ensure that the 17 election infrastructure will be developed and 18 maintained in a manner that is consistent with 19 the cybersecurity best practices issued by the 20 Technical Guidelines Development Committee 21 ‘‘ D The vendor agrees to maintain its in- 22 formation technology infrastructure in a man- 23 ner that is consistent with the cybersecurity 24 best practices issued by the Technical Guide- 25 lines Development Committee HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 29 1 ‘‘ E The vendor agrees to meet the re- 2 quirements of paragraph 3 with respect to 3 any known or suspected cybersecurity incidents 4 involving any of the goods and services provided 5 by the vendor pursuant to a grant under this 6 part 7 ‘‘ F The vendor agrees to permit inde- 8 pendent security testing by the Commission in 9 accordance with section 231 a and by the Sec- 10 retary of the goods and services provided by the 11 vendor pursuant to a grant under this part 12 ‘‘ 3 CYBERSECURITY 13 REPORTING REQUIREMENTS — 14 pamtmann on DSKBFK8HB2PROD with BILLS INCIDENT ‘‘ A IN GENERAL —A vendor meets the 15 requirements of this paragraph if upon becom- 16 ing aware of the possibility that an election cy- 17 bersecurity incident has occurred involving any 18 of the goods and services provided by the ven- 19 dor pursuant to a grant under this part— 20 ‘‘ i the vendor promptly assesses 21 whether or not such an incident occurred 22 and submits a notification meeting the re- 23 quirements of subparagraph B to the 24 Secretary and the Chairman of the assess- 25 ment as soon as practicable but in no case HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 pamtmann on DSKBFK8HB2PROD with BILLS 30 1 later than 3 days after the vendor first be- 2 comes aware of the possibility that the in- 3 cident occurred 4 ‘‘ ii if the incident involves goods or 5 services provided to an election agency the 6 vendor submits a notification meeting the 7 requirements of subparagraph B to the 8 agency as soon as practicable but in no 9 case later than 3 days after the vendor 10 first becomes aware of the possibility that 11 the incident occurred and cooperates with 12 the agency in providing any other nec- 13 essary notifications relating to the inci- 14 dent and 15 ‘‘ iii the vendor provides all necessary 16 updates to any notification submitted 17 under clause i or clause ii 18 ‘‘ B CONTENTS OF NOTIFICATIONS — 19 Each notification submitted under clause i or 20 clause ii of subparagraph A shall contain 21 the following information with respect to any 22 election cybersecurity incident covered by the 23 notification HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 31 1 ‘‘ i The date time and time zone 2 when the election cybersecurity incident 3 began if known 4 ‘‘ ii The date time and time zone 5 when the election cybersecurity incident 6 was detected 7 ‘‘ iii The date time and duration of 8 the election cybersecurity incident 9 ‘‘ iv The circumstances of the elec- 10 tion cybersecurity incident including the 11 specific election infrastructure systems be- 12 lieved to have been accessed and informa- 13 tion acquired if any 14 ‘‘ v Any planned and implemented 15 technical measures to respond to and re- 16 cover from the incident 17 ‘‘ vi In the case of any notification 18 which is an update to a prior notification 19 any additional material information relat- 20 ing to the incident including technical 21 data as it becomes available 22 ‘‘SEC 297B ELIGIBILITY OF STATES pamtmann on DSKBFK8HB2PROD with BILLS 23 ‘‘A State is eligible to receive a grant under this part 24 if the State submits to the Commission at such time and HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 32 1 in such form as the Commission may require an applica2 tion containing— 3 ‘‘ 1 a description of how the State will use the 4 grant to carry out the activities authorized under 5 this part 6 ‘‘ 2 a certification and assurance that not 7 later than 5 years after receiving the grant the 8 State will carry out voting system security improve- 9 ments as described in section 297A and 10 ‘‘ 3 such other information and assurances as 11 12 the Commission may require ‘‘SEC 297C REPORTS TO CONGRESS 13 ‘‘Not later than 90 days after the end of each fiscal 14 year the Commission shall submit a report to the appro15 priate congressional committees including the Committees 16 on Homeland Security House Administration and the Ju17 diciary of the House of Representatives and the Commit18 tees on Homeland Security and Governmental Affairs the 19 Judiciary and Rules and Administration of the Senate 20 on the activities carried out with the funds provided under 21 this part 22 ‘‘SEC 297D AUTHORIZATION OF APPROPRIATIONS pamtmann on DSKBFK8HB2PROD with BILLS 23 ‘‘ a AUTHORIZATION —There are authorized to be 24 appropriated for grants under this part— 25 ‘‘ 1 $600 000 000 for fiscal year 2019 and HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 33 1 ‘‘ 2 $175 000 000 for each of the fiscal years 2 2020 2022 2024 and 2026 3 ‘‘ b CONTINUING AVAILABILITY OF AMOUNTS —Any 4 amounts appropriated pursuant to the authorization of 5 this section shall remain available until expended ’’ 6 b CLERICAL AMENDMENT —The table of contents 7 of such Act is amended by adding at the end of the items 8 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 ’’ 9 SEC 112 COORDINATION OF VOTING SYSTEM SECURITY 10 ACTIVITIES WITH USE OF REQUIREMENTS 11 PAYMENTS AND ELECTION ADMINISTRATION 12 REQUIREMENTS 13 VOTE ACT OF 2002 14 15 a DUTIES SION —Section UNDER HELP AMERICA ELECTION ASSISTANCE COMMIS- OF 202 of the Help America Vote Act of 2002 16 52 U S C 20922 is amended in the matter preceding 17 paragraph 1 by striking ‘‘by’’ and inserting ‘‘and the se- pamtmann on DSKBFK8HB2PROD with BILLS 18 curity of election infrastructure by’’ 19 20 b MEMBERSHIP CURITY ON BOARD OF OF SECRETARY ADVISORS OF OF HOMELAND SE- ELECTION ASSIST- HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 34 1 ANCE COMMISSION —Section 214 a of such Act 52 2 U S C 20944 a is amended— 3 1 by striking ‘‘37 members’’ and inserting 4 ‘‘38 members’’ and 5 2 by adding at the end the following new 6 paragraph 7 ‘‘ 17 The Secretary of Homeland Security or 8 the Secretary’s designee ’’ 9 c REPRESENTATIVE OF DEPARTMENT OF HOME- 10 LAND SECURITY 11 MENT COMMITTEE —Section 221 c 1 of such Act 52 ON TECHNICAL GUIDELINES DEVELOP- 12 U S C 20961 c 1 is amended— 13 1 by redesignating subparagraph E as sub- 14 paragraph F and 15 2 by inserting after subparagraph D the fol- 16 lowing new subparagraph 17 ‘‘ E A representative of the Department 18 of Homeland Security ’’ 19 d GOALS OF PERIODIC STUDIES 20 MINISTRATION ISSUES 21 OF OF ELECTION AD- CONSULTATION WITH SECRETARY HOMELAND SECURITY —Section 241 a of such Act pamtmann on DSKBFK8HB2PROD with BILLS 22 52 U S C 20981 a is amended— 23 1 in the matter preceding paragraph 1 by 24 striking ‘‘the Commission shall’’ and inserting ‘‘the HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 35 1 Commission in consultation with the Secretary of 2 Homeland Security as appropriate shall’’ 3 4 2 by striking ‘‘and’’ at the end of paragraph 3 5 6 3 by redesignating paragraph 4 as paragraph 5 and 7 8 4 by inserting after paragraph 3 the following new paragraph 9 ‘‘ 4 will be secure against attempts to under- 10 mine the integrity of election systems by cyber or 11 other means and’’ 12 e REQUIREMENTS PAYMENTS — 13 1 USE 14 SECURITY IMPROVEMENTS —Section 15 Act 52 U S C 21001 b is amended by adding at 16 the end the following new paragraph 17 pamtmann on DSKBFK8HB2PROD with BILLS OF PAYMENTS FOR VOTING SYSTEM ‘‘ 4 PERMITTING 251 b of such USE OF PAYMENTS FOR VOT- 18 ING SYSTEM SECURITY IMPROVEMENTS —A 19 may use a requirements payment to carry out any 20 of the following activities 21 ‘‘ A Cyber and risk mitigation training 22 ‘‘ B Providing increased technical support 23 for any information technology infrastructure 24 that the chief State election official deems to be 25 part of the State’s election infrastructure or HR 2722 RFS VerDate Sep 11 2014 State 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 36 1 designates as critical to the operation of the 2 State’s election infrastructure 3 ‘‘ C Enhancing the cybersecurity and op- 4 erations of the information technology infra- 5 structure described in subparagraph B 6 ‘‘ D Enhancing the security of voter reg- 7 istration databases ’’ 8 2 INCORPORATION 9 OF ELECTION INFRA- STRUCTURE PROTECTION IN STATE PLANS FOR USE 10 OF PAYMENTS —Section 11 U S C 21004 a 1 is amended by striking the pe- 12 riod at the end and inserting ‘‘ including the protec- 13 tion of election infrastructure ’’ 14 3 COMPOSITION 254 a 1 of such Act 52 OF COMMITTEE RESPONSIBLE 15 FOR DEVELOPING STATE PLAN FOR USE OF PAY- 16 MENTS —Section 17 21005 is amended— 18 A by redesignating subsection b as sub- 19 section c and 20 B by inserting after subsection a the 21 22 255 of such Act 52 U S C following new subsection ‘‘ b GEOGRAPHIC REPRESENTATION —The mem- pamtmann on DSKBFK8HB2PROD with BILLS 23 bers of the committee shall be a representative group of 24 individuals from the State’s counties cities towns and HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 37 1 Indian tribes and shall represent the needs of rural as 2 well as urban areas of the State as the case may be ’’ 3 f ENSURING PROTECTION 4 STATEWIDE VOTER OF COMPUTERIZED REGISTRATION LIST —Section 5 303 a 3 of such Act 52 U S C 21083 a 3 is amend6 ed by striking the period at the end and inserting ‘‘ as 7 well as other measures to prevent and deter cybersecurity 8 incidents as identified by the Commission the Secretary 9 of Homeland Security and the Technical Guidelines De10 velopment Committee ’’ 11 SEC 113 INCORPORATION OF DEFINITIONS 12 a IN GENERAL —Section 901 of the Help America 13 Vote Act of 2002 52 U S C 21141 is amended to read 14 as follows 15 ‘‘SEC 901 DEFINITIONS pamtmann on DSKBFK8HB2PROD with BILLS 16 ‘‘In this Act the following definitions apply 17 ‘‘ 1 The term ‘cybersecurity incident’ has the 18 meaning given the term ‘incident’ in section 227 of 19 the Homeland Security Act of 2002 6 U S C 659 20 ‘‘ 2 The term ‘election agency’ means any com- 21 ponent of a State or any component of a unit of 22 local government in a State which is responsible for 23 the administration of elections for Federal office in 24 the State HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 pamtmann on DSKBFK8HB2PROD with BILLS 38 1 ‘‘ 3 The term ‘election infrastructure’ means 2 storage facilities polling places and centralized vote 3 tabulation locations used to support the administra- 4 tion of elections for public office as well as related 5 information and communications technology includ- 6 ing the technology used by or on behalf of election 7 officials to produce and distribute voter guides to 8 elections including voter registration databases 9 voting machines electronic mail and other commu- 10 nications systems including electronic mail and 11 other systems of vendors who have entered into con- 12 tracts with election agencies to support the adminis- 13 tration of elections manage the election process and 14 report and display election results and other sys- 15 tems used to manage the election process and to re- 16 port and display election results on behalf of an elec- 17 tion agency 18 ‘‘ 4 The term ‘State’ means each of the several 19 States the District of Columbia the Commonwealth 20 of Puerto Rico Guam American Samoa the United 21 States Virgin Islands and the Commonwealth of the 22 Northern Mariana Islands ’’ 23 b CLERICAL AMENDMENT —The table of contents 24 of such Act is amended by amending the item relating to 25 section 901 to read as follows ‘‘Sec 901 Definitions ’’ HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6211 E BILLS H2722 RFS H2722 39 Subtitle B—Risk-Limiting Audits 1 2 SEC 121 RISK-LIMITING AUDITS 3 a IN GENERAL —Title III of the Help America 4 Vote Act of 2002 52 U S C 21081 et seq is amended 5 by inserting after section 303 the following new section 6 ‘‘SEC 303A RISK-LIMITING AUDITS 7 ‘‘ a DEFINITIONS —In this section 8 9 10 ‘‘ 1 RISK-LIMITING term ‘risk- limiting audit’ means with respect to any election contest a post-election process that— 11 ‘‘ A has a probability of at least 95 per- 12 cent of correcting the reported outcome if the 13 reported outcome is not the correct outcome 14 ‘‘ B will not change the outcome if the re- 15 ported outcome is the correct outcome and 16 ‘‘ C involves a manual adjudication of 17 voter intent from some or all of the ballots val- 18 idly cast in the election contest 19 ‘‘ 2 REPORTED 20 OUTCOME CORRECT OUTCOME OUTCOME — 21 pamtmann on DSKBFK8HB2PROD with BILLS AUDIT —The ‘‘ A REPORTED OUTCOME —The 22 ported outcome’ means the outcome of an elec- 23 tion contest which is determined according to 24 the canvass and which will become the official HR 2722 RFS VerDate Sep 11 2014 term ‘re- 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 40 1 certified outcome unless it is revised by an 2 audit recount or other legal process 3 ‘‘ B CORRECT term ‘cor- 4 rect outcome’ means the outcome that would be 5 determined by a manual adjudication of voter 6 intent for all votes validly cast in the election 7 contest 8 ‘‘ C 9 OUTCOME —The term 10 tion contest 11 ‘‘ 3 MANUAL ADJUDICATION OF VOTER IN- 12 TENT —The 13 tent’ means direct inspection and determination by 14 humans without assistance from electronic or me- 15 chanical tabulation devices of the ballot choices 16 marked by voters on each voter-verified paper 17 record term ‘manual adjudication of voter in- ‘‘ 4 BALLOT MANIFEST —The term ‘ballot 19 manifest’ means a record maintained by each juris- 20 diction that— 21 ‘‘ A is created without reliance on any 22 part of the voting system used to tabulate 23 votes 24 ‘‘ B functions as a sampling frame for 25 conducting a risk-limiting audit and HR 2722 RFS VerDate Sep 11 2014 ‘outcome’ means the winner or set of winners of an elec- 18 pamtmann on DSKBFK8HB2PROD with BILLS OUTCOME —The 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 41 1 ‘‘ C accounts for all ballots validly cast re- 2 gardless of how they were tabulated and in- 3 cludes a precise description of the manner in 4 which the ballots are physically stored includ- 5 ing the total number of physical groups of bal- 6 lots the numbering system for each group a 7 unique label for each group and the number of 8 ballots in each such group 9 ‘‘ b REQUIREMENTS — pamtmann on DSKBFK8HB2PROD with BILLS 10 ‘‘ 1 IN GENERAL — 11 ‘‘ A AUDITS — 12 ‘‘ i IN GENERAL —Each State and 13 jurisdiction shall administer risk-limiting 14 audits of the results of all election contests 15 for Federal office held in the State in ac- 16 cordance with the requirements of para- 17 graph 2 18 ‘‘ ii EXCEPTION —Clause i shall 19 not apply to any election contest for which 20 the State or jurisdiction conducts a full re- 21 count through a manual adjudication of 22 voter intent 23 ‘‘ B FULL MANUAL TABULATION —If 24 risk-limiting audit conducted under subpara- 25 graph A corrects the reported outcome of an HR 2722 RFS VerDate Sep 11 2014 a 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 42 1 election contest the State or jurisdiction shall 2 use the results of the manual adjudication of 3 voter intent conducted as part of the risk-lim- 4 iting audit as the official results of the election 5 contest 6 ‘‘ 2 AUDIT 7 ‘‘ A RULES 8 ‘‘ i IN AND PROCEDURES — GENERAL —Not later than 1 9 year after the date of the enactment of this 10 section the chief State election official of 11 the State shall establish rules and proce- 12 dures for conducting risk-limiting audits 13 pamtmann on DSKBFK8HB2PROD with BILLS REQUIREMENTS — ‘‘ ii MATTERS INCLUDED —The 14 and procedures established under clause i 15 shall include the following 16 ‘‘ I Rules and procedures for en- 17 suring the security of ballots and doc- 18 umenting that prescribed procedures 19 were followed 20 ‘‘ II Rules and procedures for 21 ensuring the accuracy of ballot mani- 22 fests produced by jurisdictions 23 ‘‘ III Rules and procedures for 24 governing the format of ballot mani- HR 2722 RFS VerDate Sep 11 2014 rules 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 43 1 fests and other data involved in risk- 2 limiting audits 3 ‘‘ IV Methods to ensure that 4 any cast vote records used in a risk- 5 limiting audit are those used by the 6 voting system to tally the results of 7 the election contest sent to the chief 8 State election official of the State and 9 made public 10 ‘‘ V Rules and procedures for 11 the random selection of ballots to be 12 inspected manually during each audit 13 ‘‘ VI Rules and procedures for 14 the calculations and other methods to 15 be used in the audit and to determine 16 whether and when the audit of each 17 election contest is complete 18 ‘‘ VII Rules and procedures for 19 testing any software used to conduct 20 risk-limiting audits 21 ‘‘ B PUBLIC pamtmann on DSKBFK8HB2PROD with BILLS 22 ‘‘ i IN REPORT — GENERAL —After the comple- 23 tion of the risk-limiting audit and at least 24 5 days before the election contest is cer- 25 tified the State shall publish a report on HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 44 1 the results of the audit together with such 2 information as necessary to confirm that 3 the audit was conducted properly 4 ‘‘ ii FORMAT OF DATA —All data 5 published with the report under clause i 6 shall be published in machine-readable 7 open data formats 8 ‘‘ iii PROTECTION 9 VOTES —Information OF ANONYMITY OF and data published 10 by the State under this subparagraph shall 11 not compromise the anonymity of votes 12 ‘‘ c EFFECTIVE DATE —Each State and jurisdiction 13 shall be required to comply with the requirements of this 14 section for the first regularly scheduled election for Fed15 eral office held more than 1 year after the date of the 16 enactment of the Securing America’s Federal Elections 17 Act and for each subsequent election for Federal office ’’ 18 19 b CONFORMING AMENDMENT RELATING FORCEMENT —Section TO EN- 401 of such Act 52 U S C 21111 20 is amended by striking ‘‘sections 301 302 and 303’’ and 21 inserting ‘‘subtitle A of title III’’ 22 c CLERICAL AMENDMENT —The table of contents pamtmann on DSKBFK8HB2PROD with BILLS 23 for such Act is amended by inserting after the item relat24 ing to section 303 the following new item ‘‘Sec 303A Risk-limiting audits ’’ HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6211 E BILLS H2722 RFS H2722 45 1 SEC 122 FUNDING FOR CONDUCTING POST-ELECTION 2 RISK-LIMITING AUDITS 3 a PAYMENTS TO STATES —Subtitle D of title II of 4 the Help America Vote Act of 2002 52 U S C 21001 et 5 seq as amended by section 111 a is amended by adding 6 at the end the following new part 7 ‘‘PART 8—FUNDING FOR POST-ELECTION RISK- 8 LIMITING AUDITS 9 ‘‘SEC 298 PAYMENTS FOR POST-ELECTION RISK-LIMITING 10 11 AUDITS ‘‘ a IN GENERAL —The Commission shall pay to 12 States the amount of eligible post-election audit costs 13 ‘‘ b ELIGIBLE POST-ELECTION AUDIT COSTS —For 14 purposes of this section the term ‘eligible post-election 15 audit costs’ means with respect to any State costs paid 16 or incurred by the State or local government within the pamtmann on DSKBFK8HB2PROD with BILLS 17 State for— 18 ‘‘ 1 the conduct of any risk-limiting audit as 19 defined in section 303A with respect to an election 20 for Federal office occurring after the date of the en- 21 actment of this part and 22 ‘‘ 2 any equipment software or services nec- 23 essary for the conduct of any such risk-limiting 24 audit 25 ‘‘ c SPECIAL RULES — HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 46 1 ‘‘ 1 RULES sion shall establish rules and procedures for submis- 3 sion of eligible post-election audit costs for payments 4 under this section ‘‘ 2 INSUFFICIENT FUNDS —In any case in 6 which the amounts appropriated under subsection 7 d are insufficient to pay all eligible post-election 8 audit costs submitted by States with respect to any 9 Federal election the amount of such costs paid 10 under subsection a to any State shall be equal to 11 the amount that bears the same ratio to the amount 12 which would be paid to such State determined with- 13 out regard to this paragraph as— 14 ‘‘ A the number of individuals who voted 15 in such Federal election in such State bears to 16 ‘‘ B the total number of individuals who 17 voted in such Federal election in all States sub- 18 mitting a claim for eligible post-election audit 19 costs 20 ‘‘ d AUTHORIZATION OF APPROPRIATIONS — 21 ‘‘ 1 IN GENERAL —There is hereby authorized 22 to be appropriated to the Commission such sums as 23 are necessary to carry out this part 24 25 ‘‘ 2 AVAILABILITY —Any amounts 21 09 Jun 28 2019 appro- priated pursuant to paragraph 1 shall remain HR 2722 RFS VerDate Sep 11 2014 Commis- 2 5 pamtmann on DSKBFK8HB2PROD with BILLS AND PROCEDURES —The Jkt 089200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 47 1 available without fiscal year limitation until ex- 2 pended ’’ 3 b CLERICAL AMENDMENT —The table of contents 4 of such Act as amended by section 111 b is further 5 amended by adding at the end of the items relating to 6 subtitle D of title II the following ‘‘PART 8—FUNDING FOR POST-ELECTION RISK-LIMITING AUDITS ‘‘Sec 298 Payments for post-election risk-limiting audits ’’ 7 SEC 123 GAO ANALYSIS OF EFFECTS OF AUDITS 8 a ANALYSIS —Not later than 6 months after the 9 first elections for Federal office is held for which States 10 must conduct risk-limiting audits under section 303A of 11 the Help America Vote Act of 2002 as added by section 12 121 the Comptroller General of the United States shall 13 conduct an analysis of the extent to which such audits 14 have improved the administration of such elections and the 15 security of election infrastructure in the States receiving 16 such grants 17 b REPORT —The Comptroller General of the 18 United States shall submit a report on the analysis con19 ducted under subsection a to the Committee on House 20 Administration of the House of Representatives and the pamtmann on DSKBFK8HB2PROD with BILLS 21 Committee on Rules and Administration of the Senate HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 48 4 TITLE II—PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION ADMINISTRATION 5 SEC 201 VOTING SYSTEM CYBERSECURITY REQUIRE- 1 2 3 6 7 MENTS a BALLOT TABULATING DEVICES —Section 301 a 8 of the Help America Vote Act of 2002 52 U S C 9 21081 a as amended by section 104 and section 105 10 is further amended by adding at the end the following new 11 paragraph 12 ‘‘ 9 BALLOT 13 ‘‘ A IN GENERAL —The voting system 14 tabulates ballots by hand or through the use of 15 an optical scanning device that meets the re- 16 quirements of subparagraph B 17 pamtmann on DSKBFK8HB2PROD with BILLS TABULATING METHODS — ‘‘ B REQUIREMENTS FOR OPTICAL SCAN- 18 NING DEVICES —Except 19 paragraph C the requirements of this sub- 20 paragraph are as follows as provided in sub- 21 ‘‘ i The device is designed and built 22 in a manner in which it is mechanically im- 23 possible for the device to add or change the 24 vote selections on a printed or marked bal- 25 lot HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 pamtmann on DSKBFK8HB2PROD with BILLS 49 1 ‘‘ ii The device is capable of export- 2 ing its data including vote tally data sets 3 and cast vote records in a machine-read- 4 able open data standard format required 5 by the Commission in consultation with 6 the Director of the National Institute of 7 Standards and Technology 8 ‘‘ iii The device consists of hardware 9 that demonstrably conforms to a hardware 10 component manifest describing point-of-or- 11 igin information including upstream hard- 12 ware supply chain information for each 13 component that— 14 ‘‘ I has been provided to the 15 Commission the Director of Cyberse- 16 curity and Infrastructure Security 17 and the chief State election official for 18 each State in which the device is used 19 and 20 ‘‘ II may be shared by any enti- 21 ty to whom it has been provided under 22 subclause I with independent experts 23 for cybersecurity analysis 24 ‘‘ iv The device utilizes technology 25 that prevents the operation of the device if HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 pamtmann on DSKBFK8HB2PROD with BILLS 50 1 any hardware components do not meet the 2 requirements of clause iii 3 ‘‘ v The device operates using soft- 4 ware for which the source code system 5 build tools and compilation parameters— 6 ‘‘ I have been provided to the 7 Commission the Director of Cyberse- 8 curity and Infrastructure Security 9 and the chief State election official for 10 each State in which the device is used 11 and 12 ‘‘ II may be shared by any enti- 13 ty to whom it has been provided under 14 subclause I with independent experts 15 for cybersecurity analysis 16 ‘‘ vi The device utilizes technology 17 that prevents the running of software on 18 the device that does not meet the require- 19 ments of clause v 20 ‘‘ vii The device utilizes technology 21 that enables election officials cybersecurity 22 researchers and voters to verify that the 23 software running on the device— HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 pamtmann on DSKBFK8HB2PROD with BILLS 51 1 ‘‘ I was built from a specific 2 untampered version of the code that is 3 described in clause v and 4 ‘‘ II uses the system build tools 5 and compilation parameters that are 6 described in clause v 7 ‘‘ viii The device contains such other 8 security requirements as the Director of 9 Cybersecurity and Infrastructure Security 10 requires 11 ‘‘ C WAIVER — 12 ‘‘ i IN GENERAL —The Director of 13 Cybersecurity and Infrastructure Security 14 in consultation with the Director of the 15 National Institute of Standards and Tech- 16 nology may waive one or more of the re- 17 quirements of subparagraph B other 18 than the requirement of clause i thereof 19 with respect to any device for a period of 20 not to exceed 2 years 21 ‘‘ ii PUBLICATION —Information re- 22 lating to any waiver granted under clause 23 i shall be made publicly available on the 24 Internet HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 52 1 ‘‘ D EFFECTIVE DATE —Each State and 2 jurisdiction shall be required to comply with the 3 requirements of this paragraph for the regularly 4 scheduled election for Federal office in Novem- 5 ber 2024 and for each subsequent election for 6 Federal office ’’ 7 b OTHER CYBERSECURITY REQUIREMENTS —Sec- 8 tion 301 a of such Act 52 U S C 21081 a as amended 9 by section 104 section 105 and subsection a is further 10 amended by adding at the end the following new para11 graphs 12 13 ‘‘ 10 PROHIBITION MUNICATIONS DEVICES IN SYSTEMS OR DEVICES — 14 pamtmann on DSKBFK8HB2PROD with BILLS OF USE OF WIRELESS COM- ‘‘ A IN GENERAL —No system or device 15 upon which ballot marking devices or optical 16 scanners are configured upon which ballots are 17 marked by voters except as necessary for indi- 18 viduals with disabilities to use ballot marking 19 devices that meet the accessibility requirements 20 of paragraph 3 or upon which votes are cast 21 tabulated or aggregated shall contain use or 22 be accessible by any wireless power-line or con- 23 cealed communication device 24 ‘‘ B EFFECTIVE 25 DATE —Each State and jurisdiction shall be required to comply with the HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 53 1 requirements of this paragraph for the regularly 2 scheduled election for Federal office in Novem- 3 ber 2020 and for each subsequent election for 4 Federal office 5 ‘‘ 11 PROHIBITING 6 CONNECTION OF SYSTEM TO THE INTERNET — 7 ‘‘ A IN GENERAL —No system or device 8 upon which ballot marking devices or optical 9 scanners are configured upon which ballots are 10 marked by voters or upon which votes are cast 11 tabulated or aggregated shall be connected to 12 the Internet or any non-local computer system 13 via telephone or other communication network 14 at any time 15 ‘‘ B EFFECTIVE DATE —Each State and 16 jurisdiction shall be required to comply with the 17 requirements of this paragraph for the regularly 18 scheduled election for Federal office in Novem- 19 ber 2020 and for each subsequent election for 20 Federal office ’’ 21 c SPECIAL CYBERSECURITY RULES FOR CERTAIN 22 BALLOT MARKING DEVICES — pamtmann on DSKBFK8HB2PROD with BILLS 23 1 IN GENERAL —Section 301 a of such Act 24 52 U S C 21081 a as amended by section 104 25 section 105 and subsections a and b is further HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 54 1 amended by adding at the end the following new 2 paragraph 3 ‘‘ 12 BALLOT 4 ‘‘ A IN GENERAL —In the case of a voting 5 system that uses a ballot marking device the 6 ballot marking device shall be a device that— 7 ‘‘ i is not capable of tabulating votes 8 ‘‘ ii except in the case of a ballot 9 marking device used exclusively to comply 10 with the requirements of paragraph 3 is 11 certified in accordance with section 232 as 12 meeting the requirements of subparagraph 13 B and 14 ‘‘ iii meets the requirements clauses iii through viii of section 16 301 a 9 B 17 ‘‘ B REQUIREMENTS — ‘‘ i IN GENERAL —A ballot marking 19 device meets the requirements of this sub- 20 paragraph if during a double-masked test 21 conducted by a qualified independent user 22 experience research laboratory as defined 23 in section 232 b 4 of a simulated elec- 24 tion scenario which meets the requirements 25 of clause ii there is less than a 5 percent HR 2722 RFS VerDate Sep 11 2014 of 15 18 pamtmann on DSKBFK8HB2PROD with BILLS MARKING DEVICES — 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 55 1 chance that an ordinary voter using the de- 2 vice would not detect and report any dif- 3 ference between the vote selection printed 4 on the ballot by the ballot marking device 5 and the vote selection indicated by the 6 voter 7 ‘‘ ii ELECTION NARIO —A 9 meets the requirements of this clause if it simulated election scenario is conducted with— 11 ‘‘ I a pool of subjects that are— 12 ‘‘ aa diverse in age gender 13 education and physical limita- 14 tions and 15 ‘‘ bb representative of the 16 communities in which the voting 17 system will be used and 18 ‘‘ II ballots that are representa- 19 tive of ballots ordinarily used in the 20 communities in which the voting sys- 21 tem will be used 22 ‘‘ C EFFECTIVE DATE —Each State and 23 jurisdiction shall be required to comply with the 24 requirements of this paragraph for the regularly 25 scheduled election for Federal office in Novem- HR 2722 RFS VerDate Sep 11 2014 SCE- 8 10 pamtmann on DSKBFK8HB2PROD with BILLS SIMULATED 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 56 1 ber 2022 and for each subsequent election for 2 Federal office ’’ 3 2 PROCEDURE 4 A IN FOR TESTING — GENERAL —Subtitle B of title II of 5 the Help America Vote Act of 2002 52 U S C 6 20971 et seq is amended by adding at the end 7 the following new section 8 ‘‘SEC 232 TESTING AND CERTIFICATION OF BALLOT MARK- 9 10 ING DEVICES ‘‘ a IN GENERAL —Any State or jurisdiction which 11 intends to use a ballot marking device other than a ballot 12 marking device used exclusively to comply with the re13 quirements of section 301 a 3 in an election for Federal 14 office may submit an application to the Commission for 15 testing and certification under this section 16 ‘‘ b APPLICATION ASSIGNMENT AND TESTING — pamtmann on DSKBFK8HB2PROD with BILLS 17 ‘‘ 1 IN GENERAL —An application under sub- 18 section a shall be submitted not later than 18 19 months before the date of the election for Federal 20 office in which the ballot marking device is intended 21 to be used and shall contain such information as the 22 Commission requires 23 ‘‘ 2 ASSIGNMENT —Upon receipt of an appli- 24 cation for testing under this section the Commission 25 shall contract with a qualified independent user ex- HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 57 1 perience research laboratory for the testing of 2 whether the ballot marking device intended to be 3 used by the State or jurisdiction meets the require- 4 ments of section 301 a 12 B 5 ‘‘ 3 REQUIREMENTS tract described in paragraph 2 shall require the 7 qualified independent user experience research lab- 8 oratory to— 9 ‘‘ A not later than 30 days before testing 10 begins submit to the Commission for approval 11 the protocol for the simulated election scenario 12 used for testing the ballot marking device ‘‘ B use only protocols approved by the 14 Commission in conducting such testing and 15 ‘‘ C submit to the Commission a report on 16 the results of the testing 17 ‘‘ 4 QUALIFIED INDEPENDENT USER EXPERI- 18 ENCE RESEARCH LABORATORY —For 19 this section 20 ‘‘ A IN GENERAL —The purposes of term ‘qualified 21 independent user experience research labora- 22 tory’ means a laboratory accredited under this 23 subsection by the Election Assistance Commis- 24 sion in accordance with standards determined 25 by the Commission in consultation with the Di- HR 2722 RFS VerDate Sep 11 2014 con- 6 13 pamtmann on DSKBFK8HB2PROD with BILLS FOR TESTING —Any 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 58 1 rector of the National Institute of Standards 2 and Technology and the Secretary of Homeland 3 Security 4 ‘‘ B CRITERIA —A laboratory shall not be 5 accredited under this subsection unless such 6 laboratory demonstrates that— 7 ‘‘ i no employee of or individual with 8 an ownership in such laboratory has or 9 has had during the 5 preceding years any 10 financial relationship with a manufacturer 11 of voting systems and 12 ‘‘ ii any group of individuals con- 13 ducting tests under this section collectively 14 meet the following qualifications 15 ‘‘ I Experience designing and 16 running user research studies and ex- 17 periments using both qualitative and 18 quantitative methodologies 19 ‘‘ II Experience with voting sys- 20 21 tems ‘‘ c REVIEW BY INDEPENDENT BOARD — pamtmann on DSKBFK8HB2PROD with BILLS 22 ‘‘ 1 IN GENERAL —The Commission shall sub- 23 mit for approval to an independent review board es- 24 tablished under paragraph 3 the following HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 59 1 ‘‘ A Any protocol submitted to the Com- 2 mission under subsection b 3 A 3 ‘‘ B Any report submitted to the Commis- 4 sion under subsection b 3 C 5 ‘‘ 2 FINAL later than the 6 date that is 12 months before the date of the elec- 7 tion for Federal office in which a State or jurisdic- 8 tion intends to use the ballot marking device the 9 independent review board shall report to the Com- 10 mission on whether it has approved a report sub- 11 mitted under paragraph 1 B 12 ‘‘ 3 INDEPENDENT 13 ‘‘ A IN REVIEW BOARD — GENERAL —An independent re- 14 view board established under this paragraph 15 shall be composed of five independent scientists 16 appointed by the Commission in consultation 17 with the Director of the National Institute of 18 Standards and Technology 19 ‘‘ B QUALIFICATIONS —The members of 20 pamtmann on DSKBFK8HB2PROD with BILLS APPROVAL —Not the independent review board— 21 ‘‘ i shall have expertise and relevant 22 peer-reviewed publications in the following 23 fields cognitive psychology experimental 24 design statistics and user experience re- 25 search and testing and HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 60 1 ‘‘ ii may not have or have had dur- 2 ing the 5 preceding years any financial re- 3 lationship with a manufacturer of voting 4 systems 5 ‘‘ 4 PUBLICATION —The Commission shall 6 make public— 7 ‘‘ A any protocol approved under this sub- 8 section 9 ‘‘ B any report submitted under sub- 10 section b 3 C and 11 ‘‘ C any determination made by an inde- 12 pendent review board under paragraph 2 13 ‘‘ d CERTIFICATION —If— 14 ‘‘ 1 a ballot marking device is determined by 15 the qualified independent user experience research 16 laboratory to meet the requirements of section 17 301 a 12 and 18 ‘‘ 2 the report submitted under subsection 19 b 3 C is approved by a majority of the members 20 of the independent review board under subsection 21 d 2 22 then the Commission shall certify the ballot marking de- pamtmann on DSKBFK8HB2PROD with BILLS 23 vice 24 ‘‘ e PROHIBITION ON FEES —The Commission may 25 not charge any fee to a State or jurisdiction a developer HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 61 1 or manufacturer of a ballot marking device or any other 2 person in connection with testing and certification under 3 this section ’’ 4 B CONFORMING AMENDMENTS — 5 i Section 202 2 of the Help Amer- 6 ica Vote Act of 2002 52 U S C 20922 2 7 is amended by inserting ‘‘and ballot mark- 8 ing devices’’ after ‘‘hardware and soft- 9 ware’’ 10 ii The heading for subtitle B of title 11 II of such Act is amended by inserting at 12 the end ‘‘ Ballot Marking Devices’’ 13 iii The table of contents of such Act 14 is amended— 15 I by inserting ‘‘ Ballot Mark- 16 ing Devices’’ at the end of the item 17 relating to subtitle B of title II and 18 II by inserting after the item 19 related to section 231 the following pamtmann on DSKBFK8HB2PROD with BILLS ‘‘Sec 232 Testing and certification of ballot marking devices ’’ 20 SEC 202 TESTING OF EXISTING VOTING SYSTEMS TO EN- 21 SURE COMPLIANCE WITH ELECTION CYBER- 22 SECURITY GUIDELINES AND OTHER GUIDE- 23 LINES 24 25 a REQUIRING TESTING OF EXISTING VOTING SYS- TEMS — HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 62 1 1 IN 231 a of the Help 2 America Vote Act of 2002 52 U S C 20971 a is 3 amended by adding at the end the following new 4 paragraph 5 6 ‘‘ 3 TESTING TO ENSURE COMPLIANCE WITH GUIDELINES — 7 ‘‘ A TESTING —Not later than 9 months 8 before the date of each regularly scheduled gen- 9 eral election for Federal office the Commission 10 shall provide for the testing by accredited lab- 11 oratories under this section of the voting system 12 hardware and software which was certified for 13 use in the most recent such election on the 14 basis of the most recent voting system guide- 15 lines applicable to such hardware or software 16 including election cybersecurity guidelines 17 issued under this Act 18 pamtmann on DSKBFK8HB2PROD with BILLS GENERAL —Section ‘‘ B DECERTIFICATION OF HARDWARE OR 19 SOFTWARE FAILING TO MEET GUIDELINES —If 20 on the basis of the testing described in subpara- 21 graph A the Commission determines that any 22 voting system hardware or software does not 23 meet the most recent guidelines applicable to 24 such hardware or software issued under this HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 63 1 Act the Commission shall decertify such hard- 2 ware or software ’’ 3 2 EFFECTIVE DATE —The amendment made 4 by paragraph 1 shall apply with respect to the reg- 5 ularly scheduled general election for Federal office 6 held in November 2020 and each succeeding regu- 7 larly scheduled general election for Federal office 8 b ISSUANCE OF CYBERSECURITY GUIDELINES BY 9 TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE — 10 Section 221 b of the Help America Vote Act of 2002 52 11 U S C 20961 b is amended by adding at the end the 12 following new paragraph pamtmann on DSKBFK8HB2PROD with BILLS 13 ‘‘ 3 ELECTION CYBERSECURITY 14 LINES —Not 15 the enactment of the Securing America’s Federal 16 Elections Act the Development Committee shall 17 issue election cybersecurity guidelines including 18 standards and best practices for procuring main- 19 taining testing operating and updating election 20 systems to prevent and deter cybersecurity inci- 21 dents ’’ later than 6 months after the date of HR 2722 RFS VerDate Sep 11 2014 GUIDE- 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 64 1 SEC 203 REQUIRING USE OF SOFTWARE AND HARDWARE 2 FOR WHICH INFORMATION IS DISCLOSED BY 3 MANUFACTURER 4 a REQUIREMENT —Section 301 a of the Help 5 America Vote Act of 2002 52 U S C 21081 a as 6 amended by sections 104 105 201 a 201 b and 7 201 c is amended by adding at the end the following new 8 paragraph 9 ‘‘ 13 REQUIRING OF SOFTWARE HARDWARE FOR WHICH INFORMATION IS DISCLOSED 11 BY MANUFACTURER — ‘‘ A REQUIRING USE OF SOFTWARE FOR 13 WHICH SOURCE CODE IS DISCLOSED BY MANU- 14 FACTURER — 15 ‘‘ i IN GENERAL —In the operation 16 of voting systems in an election for Federal 17 office a State may only use software for 18 which the manufacturer makes the source 19 code in the form in which will be used at 20 the time of the election publicly available 21 online under a license that grants a world- 22 wide royalty-free non-exclusive perpetual 23 sub-licensable license to all intellectual 24 property rights in such source code except 25 that the manufacturer may prohibit a per- 26 son who obtains the software from using HR 2722 RFS VerDate Sep 11 2014 AND 10 12 pamtmann on DSKBFK8HB2PROD with BILLS USE 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 65 1 the software in a manner that is primarily 2 intended for or directed toward commercial 3 advantage or private monetary compensa- 4 tion that is unrelated to carrying out legiti- 5 mate research or cybersecurity activity 6 ‘‘ ii EXCEPTIONS —Clause i does pamtmann on DSKBFK8HB2PROD with BILLS 7 not apply with respect to— 8 ‘‘ I widely-used operating system 9 software which is not specific to vot- 10 ing systems and for which the source 11 code or baseline functionality is not 12 altered or 13 ‘‘ II widely-used cybersecurity 14 software which is not specific to vot- 15 ing systems and for which the source 16 code or baseline functionality is not 17 altered 18 ‘‘ B REQUIRING USE OF HARDWARE FOR 19 WHICH INFORMATION IS DISCLOSED BY MANU- 20 FACTURER — 21 ‘‘ i REQUIRING DISCLOSURE 22 HARDWARE —A 23 ing system in an election for Federal office 24 unless the manufacturer of the system 25 publicly discloses online the identification State may not use a vot- HR 2722 RFS VerDate Sep 11 2014 OF 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 66 1 of the hardware used to operate the sys- 2 tem 3 ‘‘ ii ADDITIONAL QUIREMENTS FOR CUSTOM OR ALTERED 5 HARDWARE —To 6 ware used to operate a voting system or 7 any component thereof is not widely-used 8 or is widely-used but is altered the State 9 may not use the system in an election for the extent that the hard- Federal office unless— 11 ‘‘ I the manufacturer of the sys- 12 tem publicly discloses online the com- 13 ponents of the hardware the design of 14 such components and how such com- 15 ponents are connected in the oper- 16 ation of the system and 17 ‘‘ II the manufacturer makes 18 the design in the form which will be 19 used at the time of the election pub- 20 licly available online under a license 21 that grants a worldwide royalty-free 22 non-exclusive perpetual sub-licens- 23 able license to all intellectual property 24 rights in the design of the hardware 25 or the component except that the HR 2722 RFS VerDate Sep 11 2014 RE- 4 10 pamtmann on DSKBFK8HB2PROD with BILLS DISCLOSURE 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 67 1 manufacturer may prohibit a person 2 who obtains the design from using the 3 design in a manner that is primarily 4 intended for or directed toward com- 5 mercial advantage or private monetary 6 compensation that is unrelated to car- 7 rying out legitimate research or cyber- 8 security activity ’’ 9 b EFFECTIVE DATE —The amendment made by 10 subsection a shall apply with respect to elections for 11 Federal office held in 2020 or any succeeding year 12 SEC 204 TREATMENT OF ELECTRONIC POLL BOOKS AS 13 PART OF VOTING SYSTEMS 14 15 a INCLUSION TEM —Section IN DEFINITION OF VOTING SYS- 301 b of the Help America Vote Act of 16 2002 52 U S C 21081 b is amended— 17 18 1 in the matter preceding paragraph 1 by striking ‘‘this section’’ and inserting ‘‘this Act’’ 19 20 2 by striking ‘‘and’’ at the end of paragraph 1 21 22 3 by redesignating paragraph 2 as paragraph 3 and pamtmann on DSKBFK8HB2PROD with BILLS 23 24 4 by inserting after paragraph 1 the following new paragraph HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 68 1 ‘‘ 2 any electronic poll book used with respect 2 to the election and’’ 3 b DEFINITION —Section 301 of such Act 52 4 U S C 21081 is amended— 5 6 1 by redesignating subsections c and d as subsections d and e and 7 2 by inserting after subsection b the fol- 8 lowing new subsection 9 ‘‘ c ELECTRONIC POLL BOOK DEFINED —In this 10 Act the term ‘electronic poll book’ means the total com11 bination of mechanical electromechanical or electronic 12 equipment including the software firmware and docu13 mentation required to program control and support the 14 equipment that is used— 15 ‘‘ 1 to retain the list of registered voters at a 16 polling location or vote center or other location at 17 which voters cast votes in an election for Federal of- 18 fice and 19 ‘‘ 2 to identify registered voters who are eligi- 20 ble to vote in an election ’’ 21 c EFFECTIVE DATE —Section 301 e of such Act 22 52 U S C 21081 e as amended by section 107 and as pamtmann on DSKBFK8HB2PROD with BILLS 23 redesignated by subsection b is amended— 24 25 1 in paragraph 1 by striking ‘‘paragraph 2 ’’ and inserting ‘‘paragraphs 2 and 3 ’’ and HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 69 1 2 by adding at the end the following new 2 paragraph 3 ‘‘ 3 SPECIAL RULE FOR ELECTRONIC POLL 4 BOOKS —In 5 section c relating to electronic poll books each 6 State and jurisdiction shall be required to comply 7 with such requirements on or after January 1 8 2020 ’’ 9 the case of the requirements of sub- SEC 205 PRE-ELECTION REPORTS ON VOTING SYSTEM 10 USAGE 11 a REQUIRING STATES TO SUBMIT REPORTS —Title 12 III of the Help America Vote Act of 2002 52 U S C 13 21081 et seq is amended by inserting after section 301 14 the following new section 15 ‘‘SEC 301A PRE-ELECTION REPORTS ON VOTING SYSTEM 16 17 USAGE ‘‘ a REQUIRING STATES TO SUBMIT REPORTS — 18 Not later than 120 days before the date of each regularly 19 scheduled general election for Federal office the chief 20 State election official of a State shall submit a report to 21 the Commission containing a detailed voting system usage 22 plan for each jurisdiction in the State which will admin- pamtmann on DSKBFK8HB2PROD with BILLS 23 ister the election including a detailed plan for the usage 24 of electronic poll books and other equipment and compo25 nents of such system HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 70 1 ‘‘ b EFFECTIVE DATE —Subsection a shall apply 2 with respect to the regularly scheduled general election for 3 Federal office held in November 2020 and each succeeding 4 regularly scheduled general election for Federal office ’’ 5 b CLERICAL AMENDMENT —The table of contents 6 of such Act is amended by inserting after the item relating 7 to section 301 the following new item ‘‘Sec 301A Pre-election reports on voting system usage ’’ 8 SEC 206 STREAMLINING COLLECTION OF ELECTION IN- 9 10 FORMATION Section 202 of the Help America Vote Act of 2002 11 52 U S C 20922 is amended— 12 13 1 by striking ‘‘The Commission’’ and inserting ‘‘ a IN GENERAL —The Commission’’ and 14 2 by adding at the end the following new sub- 15 section 16 ‘‘ b WAIVER OF CERTAIN REQUIREMENTS —Sub- 17 chapter I of chapter 35 of title 44 United States Code 18 shall not apply to the collection of information for pur19 poses of maintaining the clearinghouse described in para- pamtmann on DSKBFK8HB2PROD with BILLS 20 graph 1 of subsection a ’’ HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 71 3 TITLE III—USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES 4 SEC 301 USE OF VOTING MACHINES MANUFACTURED IN 1 2 5 THE UNITED STATES 6 Section 301 a of the Help America Vote Act of 2002 7 52 U S C 21081 a as amended by sections 104 105 8 201 a 201 b 201 c and 203 a is further amended 9 by adding at the end the following new paragraph 10 ‘‘ 14 VOTING MACHINE REQUIREMENTS —By 11 not later than the date of the regularly scheduled 12 general election for Federal office occurring in No- 13 vember 2022 each State shall seek to ensure that 14 any voting machine used in such election and in any 15 subsequent election for Federal office is manufac- 16 tured in the United States ’’ TITLE IV—SEVERABILITY 17 18 SEC 401 SEVERABILITY 19 If any provision of this Act or amendment made by 20 this Act or the application of a provision or amendment 21 to any person or circumstance is held to be unconstitu22 tional the remainder of this Act and amendments made pamtmann on DSKBFK8HB2PROD with BILLS 23 by this Act and the application of the provisions and HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722 72 1 amendment to any person or circumstance shall not be 2 affected by the holding Passed the House of Representatives June 27 2019 pamtmann on DSKBFK8HB2PROD with BILLS Attest CHERYL L JOHNSON Clerk HR 2722 RFS VerDate Sep 11 2014 21 09 Jun 28 2019 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E BILLS H2722 RFS H2722