,,ii #aaeth ,,congress #ast ,session ,s4 #bjce ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ca1 #bjag ,mr4 ,heinrich 7for himself and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to provide increased security for the voting systems of the ,united ,states1 to protect against intrusion1 theft1 manipulation1 and deletion of voter registration data and ballots1 or votes cast1 and to prevent cyberattacks from malicious computer hackers1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,securing ,america's ,voting ,equipment ,act of #bjag or the ,,save ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,information sharing with ,state election officials ,sec4 #aja4 ,information sharing with ,state election officials4 ,,title ,,ii--,preserving the security and independence of ,state voting systems ,sec4 #bja4 ,designation of voting systems as critical infrastructure4 ,sec4 #bjb4 ,voting system threat assessment4 ,sec4 #bjc4 ,grant program for upgrading voting systems4 ,,title ,,iii--,cooperative ,hack the ,election program ,sec4 #cja4 ,establishment of program4 ,sec4 #cjb4 ,activities under program4 ,sec4 #cjc4 ,safe harbor4 ,sec4 #cjd4 ,bug bounty programs4 ,,title ,,iv--,voting system integrity audit ,sec4 #dja4 ,audit4 #b4 ,definitions ,in this ,act3 7#a7 ,chief ,state election official ,the term chief ,state election official means the chief ,state election official of a ,state designated under section #aj of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeji74 7#b7 ,critical infrastructure ,the term critical infrastructure has the meaning given the term in section #ajaf of the ,critical ,infrastructure ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e774 7#c7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,sector-,specific agency ,the term sector-specific agency has the meaning given that term in ,presidential ,policy ,directive-#ba1 issued ,february #ab1 #bjac 7relating to critical infrastructure security and resilience71 or any successor thereto4 7#f7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and the territories and possessions of the ,united ,states4 7#g7 ,voting system ,the term voting system has the meaning given the term in section #cja7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;b774 ,i ,information sharing with ,state election officials #aja4 ,information sharing with ,state election officials 7a7 ,security clearances 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,director of ,national ,intelligence shall sponsor a security clearance up to the top secret level for each eligible chief ,state election official of a ,state1 and up to #a eligible designee of such an election official1 at the time that the chief ,state election official or designee assumes such position4 7#b7 ,determination of levels 7,a7 ,in general ,the ,director of ,national ,intelligence shall determine the level of clearances for the positions described in paragraph 7#a74 7,b7 ,interim clearances ,the ,director of ,national ,intelligence1 or his designee1 may issue interim clearances1 for a period to be determined by the ,director of ,national ,intelligence1 to a chief ,state election official as described in paragraph 7#a7 and up to #a designee of such official under such paragraph4 7b7 ,information sharing 7#a7 ,in general ,the ,director of ,national ,intelligence shall share appropriate classified information related to threats to voting systems and to the integrity of the election process with chief ,state election officials and such designees who have received a security clearance under subsection 7a74 7#b7 ,reports ,the ,director of ,national ,intelligence shall transmit reports on such information sharing to the respective chief ,state election official of any affected ,state4 ,,ii ,preserving the security and independence of ,state voting systems #bja4 ,designation of voting systems as critical infrastructure 7a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary of the ,national ,protection and ,programs ,directorate1 shall-- 7#a7 designate voting systems used in the ,united ,states as critical infrastructure2 7#b7 include threats of compromise1 disruption1 or destruction of voting systems in national planning scenarios2 and 7#c7 conduct a campaign to proactively educate local election officials about the designation of voting systems as critical infrastructure and election officials at all levels of government of voting system threats4 7b7 ,sector-,specific agencies ,the ,department and the ,election ,assistance ,commission shall be the sector-specific agencies responsible for coordinating with ,secretaries of ,state and the chief ,state election officials to promote and ensure the security and resilience of ,state voting systems4 #bjb4 ,voting system threat assessment 7a7 ,threat assessment ,the ,secretary shall1 in conjunction with ,state election officials and the sector specific agencies-- 7#a7 conduct a threat assessment of the physical and electronic risks to voting systems in the ,united ,states2 and 7#b7 develop recommended best practices for addressing risks assessed under paragraph 7#a7 in consultation with the ,national ,association of ,secretaries of ,state1 ,national ,association of ,state ,election ,directors1 and ,national ,institute of ,standards and ,technology4 7b7 ,voluntary participation ,participation by a ,state in the threat assessment conducted under subsection 7a7 shall be voluntary and at the discretion of the ,state4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit a report to ,congress and the ,director of ,national ,intelligence on the threat assessment conducted under subsection 7a71 which shall include an estimate of the total cost of implementing the recommended best practices developed under subsection 7a77#b7 through the grant program established under section #bjc4 #bjc4 ,grant program for upgrading voting systems 7a7 ,in general ,the ,secretary1 acting in conjunction with a sector specific agency1 shall award grants to ,states to assist in the development of security solutions for ,state voting systems4 7b7 ,use of funds 7#a7 ,in general ,subject to paragraph 7#b71 a grant awarded under this section shall be used by a ,state to upgrade the voting systems of the ,state to ensure the security and integrity of the physical1 electronic1 and administrative components of the voting system based upon the threat assessment conducted1 and recommended best practices developed1 under section #bjb4 7#b7 ,implementation of best practices ,a ,state receiving a grant under this section shall use the grant funds solely to implement the recommended best practices developed under section #bjb1 or alternative practices that are equivalent to or exceed such best practices subject to certification described in subsection 7c77#c71 before using the grant to carry out any other uses described in paragraph 7#a74 7c7 ,application 7#a7 ,in general ,a ,state seeking a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,required contents ,an application submitted under paragraph 7#a7 shall include1 at a minimum-- 7,a7 an explanation of how the ,state will use the grant funds to implement the best practices developed by the ,secretary under section #bjb2 7,b7 an explanation of how the ,state will update and secure the election machines1 vote tally systems1 voter registration databases1 and voting administration procedures of the ,state from electronic and physical threats2 and 7,c7 a description of-- 7i7 the plans of the ,state for pre- and post-election security and accuracy audits2 7ii7 the methods to be implemented by the ,state for preserving a durable record of votes cast2 and 7iii7 in the case of a ,state that chooses to implement an alternative practice that meets or exceeds the best practices1 and a certification pursuant to paragraph 7#c71 the reasons for not choosing the recommended best practices developed under section #bjb4 7#c7 ,certification ,a certification described in this paragraph is a certification that the ,state-- 7,a7 has met the recommended best practices developed under section #bjb2 or 7,b7 has adopted alternative practices for addressing risks1 and the alternative practices have been verified by the ,national ,association of ,secretaries of ,state1 ,national ,association of ,state ,election ,directors1 or ,national ,institute of ,standards and ,technology as being equivalent to or exceeding the recommended best practices developed under section #bjb4 7d7 ,annual audit ,not later than #a year after the first fiscal year in which a grant is awarded under this section1 and each year thereafter1 the ,inspector ,general of the ,department shall conduct an audit of each ,state that has received a grant during the previous fiscal year to evaluate whether the ,state has appropriately used the grant funds to upgrade and secure the voting system of the ,state by implementing the best practices identified in the approved application of the ,state4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are estimated in the report required to be submitted by the ,secretary under section #bjb7;c7 to be necessary to carry out this section4 ,,iii ,cooperative ,hack the ,election program #cja4 ,establishment of program 7a7 ,in general ,not later than #a year after the date of the enactment of this title1 the ,secretary shall develop a program to be known as the ,cooperative ,hack the ,election ,program4 7b7 ,purposes of program ,the purpose of the ,cooperative ,hack the ,election ,program is to strengthen electoral systems from outside interference by encouraging entrants to work cooperatively with election system vendors to penetrate inactive voting and voter registration systems to discover vulnerabilities of1 and develop defenses for1 such systems4 #cjb4 ,activities under program ,in carrying out the ,cooperative ,hack the ,election ,program1 the ,secretary shall-- 7#a7 create an annual competition for hacking into ,state voting and voter registration systems during periods when such systems are not in use for elections2 7#b7 award competitors for the discovery of the most significant vulnerabilities of such systems2 and 7#c7 share all discovered vulnerabilities with the relevant vendors of the systems4 #cjc4 ,safe harbor 7a7 ,in general ,notwithstanding section #ajcj of title #ah1 ,united ,states ,code1 and except as provided in subsection 7b71 it shall not be unlawful for a person acting in compliance with the ,cooperative ,hack the ,election ,program or a bug bounty program implemented under section #cjd to take actions necessary to discover and report a cybersecurity vulnerability in a voting system if the person reports the cybersecurity vulnerability to the ,secretary4 7b7 ,limitation ,subsection 7a7 shall not apply to any person that-- 7#a7 acts outside the scope of the ,cooperative ,hack the ,election ,program or a bug bounty program implemented under section #cjd1 as the case may be2 7#b7 exploits a cybersecurity vulnerability described in subsection 7a72 or 7#c7 publicly exposes a cybersecurity vulnerability described in subsection 7a7 before reporting the cybersecurity vulnerability to the ,secretary4 #cjd4 ,bug bounty programs 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,under ,secretary for ,national ,protection and ,programs ,directorate of the ,department shall submit a strategic plan to implement bug bounty programs at appropriate agencies and departments of the ,united ,states to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,select ,committee on ,intelligence of the ,senate2 7#c7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7#d7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7b7 ,assessment ,the plan under subsection 7a7 shall include-- 7#a7 an assessment on-- 7,a7 the effectiveness of the ,hack the ,pentagon pilot program carried out by the ,department of ,defense in #bjaf and subsequent bug bounty programs in identifying and reporting vulnerabilities within the information systems of the ,department of ,defense2 and 7,b7 private sector bug bounty programs1 including such programs implemented by leading technology companies in the ,united ,states2 and 7#b7 recommendations on the feasibility of initiating bug bounty programs at appropriate agencies and departments of the ,united ,states4 ,,iv ,voting system integrity audit #dja4 ,audit 7a7 ,in general ,not later than ,december #ca1 #bjai1 and once every #d years thereafter1 the ,comptroller ,general of the ,united ,states shall conduct a robust audit of ,state voting systems to ensure that elections held using equipment upgraded using grants awarded under section #bjc have been conducted in a manner consistent with the goals of the grant program4 7b7 ,limitation ,each audit conducted under subsection 7a7 shall include only ,states that received a grant under section #bjc during the time period covered by the audit4 7c7 ,report ,the ,comptroller ,general of the ,united ,states shall submit a report to ,congress on each audit conducted under subsection 7a74