,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ffgc ,,in ,,the ,,house ,,of ,,representatives ,may #a1 #bjbj,ms4 ,jackson ,lee introduced the following bill2 which was referred to the ,committee on ,house ,administration1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,help ,america ,vote ,act of #bjjb to direct the ,secretary of ,homeland ,security to establish guidelines for failsafe plans for the administration of elections for ,federal office in the event that the ability of a ,state to administer the election is adversely affected by a terrorist attack1 a cybersecurity incident1 or a public health emergency1 to require ,states to establish and administer failsafe plans in accordance with such guidelines and to provide funds to assist ,state and local election officials in the establishment and administration of such plans1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,election ,failsafe ,act4 #b4 ,requiring ,states to establish failsafe plans for administration of elections in event of terrorist attack1 cybersecurity incident1 or public health emergency 7a7 ,requirement for failsafe plans ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by adding at the end the following new subtitle3 ,c ,failsafe ,plans for ,administration of ,elections #cba4 ,requiring establishment and implementation of failsafe plans in event of terrorist attacks1 cybersecurity incidents1 or public health emergencies 7a7 ,establishment of guidelines by ,secretary of ,homeland ,security ,the ,secretary of ,homeland ,security shall establish guidelines for the continuing administration of elections for ,federal office by ,states in the event that a ,state's ability to carry out the administration of such elections is adversely affected by a terrorist attack1 an election cybersecurity incident1 or a public health emergency4 7b7 ,requiring ,states ,to establish and implement plans meeting guidelines 7#a7 ,requirement ,each ,state shall establish and implement failsafe plans to provide for the continuing administration of elections for ,federal office in the ,state in the event of a terrorist attack1 an election cybersecurity incident1 or a public health emergency which meet the guidelines established by the ,secretary of ,homeland ,security under this subtitle4 7#b7 ,simulation exercises ,as part of the implementation of failsafe plans under this section1 ,state and local election officials shall carry out tabletop exercises under which such officials shall respond to a simulated terrorist attack1 election cybersecurity incident1 and public health emergency and1 based on the response1 address the specific risks to the successful administration of election which are identified by such exercises4 ,the ,secretary shall assist such officials with the preparation for and implementation of such exercises4 #cbb4 ,purposes and elements of guidelines 7a7 ,in general ,the guidelines the ,secretary established under this subtitle shall include-- 7#a7 guidelines for ensuring that voting systems are resilient against election cybersecurity incidents1 including terrorist or state-sponsored cyber attacks1 so that the systems operate as intended and accurately capture each vote as cast by voters1 retain these votes1 and accurately report these votes for purposes of tabulating and reporting official tallies in such elections2 7#b7 guidelines for failsafe plans to continue the administration of elections in case an election system fails in part or in whole as the result of a terrorist attack or an election cybersecurity incident on the date of the election or during an early voting period1 including plans for addressing polling location needs1 based on the ,secretary's assessment of which elements of voting systems are most critical to ensuring the continuing performance of essential election functions2 and 7#c7 guidelines for failsafe plans to continue the administration of elections through remote voting1 including voting by mail1 in the event that in-person voting will jeopardize the health and safety of voters and election officials because of a public health emergency4 7b7 ,specific elements ,to be addressed ,the ,secretary of ,homeland ,security shall address each of the following elements in the guidelines the ,secretary establishes under this subtitle3 7#a7 ,in the event that1 as the result of an election cybersecurity incident1 election poll books fail or that their operation does not meet the demands posed by voters presenting themselves to vote during an early voting or on the date of the election1 the ,state shall ensure that a paper backup of all registered voters for the assigned polling location is available for immediate use by poll workers4 7#b7 ,in the event that1 as the result of an election cybersecurity incident1 ballot marking technology fails1 the ,secretary shall provide paper ballots to the appropriate election officials in each congressional district in sufficient quantities to permit voting to continue4 ,each such ballot shall include each candidate for election for ,federal office in such district4 ,the appropriate ,state election officials shall provide the ,secretary1 at such times as the ,secretary may require1 with the information necessary to enable the ,secretary to provide such ballots4 7#c7 ,the need for conducting audits of ,federal election results based upon random samples of physical ballots and electronic voting system technology to authenticate the accuracy of the data reported by polling locations1 including results from local jurisdictions and statewide totals4 ,if these random samples raise questions regarding the accuracy or reliability of the reported totals for the election1 the guidelines shall provide that the ,secretary shall coordinate with the appropriate election officials and make available to them security personnel to secure vote tabulation facilities and ballots1 and otherwise support the efforts of such officials in ensuring the integrity of the ballots and the accuracy of the information reported4 7#d7 ,the ,state shall have in place measures to ensure the physical security of election officials1 and to ensure the safety and health of election officials in the event of a public health emergency4 ,the ,secretary shall develop and make available to the ,states special training programs for security personnel who are assigned to protect election officials1 with a special emphasis on protecting election officials at the polling place in a manner which does not intimidate voters and which promotes an open1 fair1 and free voting process4 7c7 ,consultation ,in establishing guidelines under this section1 the ,secretary shall consult with the ,election ,assistance ,commission1 the ,national ,association of ,secretaries of ,state1 and the ,national ,association of ,state ,election ,directors4 #cbc4 ,funding 7a7 ,grants to election officials ,the ,commission shall provide grants to eligible ,state and local election officials to assist such officials in meeting the requirements of this subtitle4 7b7 ,eligibility ,a ,state or local election official is eligible to receive a grant under this section if the official submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing such information and assurances as the ,commission may require4 7c7 ,authorization of appropriations ,there are authorized to be appropriated #eej1jjj1jjj for grants under this section for fiscal year #bjbj and each succeeding fiscal year1 of which-- 7#a7 #djj1jjj1jjj shall be used for grants to ,state election officials2 and 7#b7 #aej1jjj1jjj shall be used for grants to local election officials whose jurisdictions include an urban area4 #cbd4 ,definitions ,in this subtitle1 the following definitions apply3 7#a7 ,the term election agency means any component of a ,state1 or any component of a unit of local government in a ,state1 which is responsible for the administration of elections for ,federal office in the ,state4 7#b7 ,the term election cybersecurity incident means an occurrence that actually or imminently jeopardizes1 without lawful authority1 the integrity1 confidentiality1 or availability of information on an information system of election infrastructure1 or actually or imminently jeopardizes1 without lawful authority1 an information system of election infrastructure4 7#c7 ,the term election infrastructure means storage facilities1 polling places1 and centralized vote tabulation locations used to support the administration of elections for public office1 as well as related information and communications technology1 including voter registration databases1 voting machines1 electronic mail and other communications systems 7including electronic mail and other systems of election service providers who have entered into contracts with election agencies to support the administration of elections1 manage the election process1 and report and display election results71 and other systems used to manage the election process and to report and display election results on behalf of an election agency4 7#d7 ,the term election service provider means any person providing1 supporting1 or maintaining any information system which is part of an election infrastructure1 such as a contractor or vendor4 7#e7 ,the term information system means a discrete set of information resources organized for the collection1 processing1 maintenance1 use1 sharing1 dissemination1 or disposition of information4 7#f7 ,the term urban area means an area within a ,metropolitan ,statistical ,area1 as defined by the ,office of ,management and ,budget4 #cbe4 ,effective date ,this subtitle shall apply with respect to the regularly scheduled general elections for ,federal office held in ,november #bjbj and each succeeding election for ,federal office4 4 7b7 ,conforming amendment relating to enforcement ,section #dja of such ,act 7#eb ,u4,s4,c4 #baaaa7 is amended by striking the period at the end and inserting the following3 1 and to enforce the requirements of subtitle ,c of title ,,iii44 7c7 ,clerical amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to title ,,iii the following3 ,subtitle ,c--,failsafe ,plans for ,administration of ,elections ,sec4 #cba4 ,requiring establishment and implementation of failsafe plans in event of terrorist attacks1 cybersecurity incidents1 or public health emergencies4 ,sec4 #cbb4 ,purposes and elements of guidelines4 ,sec4 #cbc4 ,funding4 ,sec4 #cbd4 ,definitions4 ,sec4 #cbe4 ,effective date4 4 #c4 ,report on implementation by ,secretary of ,homeland ,security ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit a report on the steps taken by the ,secretary to carry out this ,act and the amendments made by this ,act to each of the following3 7#a7 ,the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,the ,committee on ,house ,administration of the ,house of ,representatives4 7#c7 ,the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#d7 ,the ,committee on ,armed ,services of the ,house of ,representatives4 7#e7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#f7 ,the ,committee on ,rules and ,administration of the ,senate4 7#g7 ,the ,select ,committee on ,intelligence of the ,senate4 7#h7 ,the ,committee on ,armed ,services of the ,senate4 #d4 ,,gao study and report on risks of reliance on electronic technologies in election administration 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study analyzing the risks and benefits associated with the reliance upon electronic voting technology in the administration of elections for ,federal office1 including the potential consequences of a systemic and comprehensive failure of such technology during early voting periods or on the date of the election4 7b7 ,report ,not later than #bdj days after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the study conducted under subsection 7a71 and shall include in the report recommendations on how to mitigate the cybersecurity risks posed by the adoption and use of electronic voting systems technology in the administration of elections for ,federal office4