,,ii #aafth ,,congress #ast ,session ,s4 #aedj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjai,ms4 ,klobuchar 7for herself1 ,mr4 ,schumer1 ,mr4 ,warner1 ,mr4 ,reed1 ,mrs4 ,feinstein1 ,mr4 ,durbin1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,brown1 ,mr4 ,cardin1 ,mr4 ,casey1 ,mr4 ,coons1 ,ms4 ,harris1 ,ms4 ,hassan1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,mr4 ,jones1 ,mr4 ,kaine1 ,mr4 ,king1 ,mr4 ,leahy1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mrs4 ,murray1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,mr4 ,schatz1 ,mrs4 ,shaheen1 ,ms4 ,smith1 ,ms4 ,stabenow1 ,mr4 ,tester1 ,mr4 ,udall1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,ms4 ,duckworth1 ,mr4 ,carper1 ,mrs4 ,gillibrand1 and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to protect elections for public office by providing financial support and enhanced security for the infrastructure used to carry out such elections1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,election ,security ,act of #bjai4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,financial ,support for ,election ,infrastructure,subtitle ,a--,voting ,system ,security ,improvement ,grants,part #a--,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-,verified ,permanent ,paper ,ballot,sec4 #aja4 ,short title4,sec4 #ajb4 ,paper ballot and manual counting requirements4,sec4 #ajc4 ,accessibility and ballot verification for individuals with disabilities4,sec4 #ajd4 ,durability and readability requirements for ballots4,sec4 #aje4 ,paper ballot printing requirements4,sec4 #ajf4 ,study and report on optimal ballot design4,sec4 #ajg4 ,effective date for new requirements4,part #b--;,grants to ,carry ,out ,improvements,sec4 #aaa4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements4,part #g--;,grants for ,obtaining ,compliant ,paper ,ballot ,voting ,systems and ,carrying ,out ,voting ,system ,security ,improvements,sec4 #big4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements4,sec4 #big;,a4 ,voting system security improvements described4,sec4 #big;,b4 ,eligibility of ,states4,sec4 #big;,c4 ,reports to ,congress4,sec4 #big;,d4 ,authorization of appropriations4,sec4 #aab4 ,coordination of voting system security activities with use of requirements payments and election administration requirements under ,help ,america ,vote ,act of #bjjb4,sec4 #aac4 ,incorporation of definitions4,subtitle ,b--,grants for ,risk-,limiting ,audits of ,results of ,elections,sec4 #aba4 ,grants to ,states for conducting risk-limiting audits of results of elections4,part #h--;,grants for ,conducting ,risk-,limiting ,audits of ,results of ,elections,sec4 #bih4 ,grants for conducting risk-limiting audits of results of elections4,sec4 #bih;,a4 ,eligibility of ,states4,sec4 #bih;,b4 ,authorization of appropriations4,sec4 #abb4 ,,gao analysis of effects of audits4,subtitle ,c--,election ,infrastructure ,innovation ,grant ,program,sec4 #aca4 ,election infrastructure innovation grant program4,title ,,ii--,security ,measures,sec4 #bja4 ,election infrastructure designation4,sec4 #bjb4 ,timely threat information4,sec4 #bjc4 ,security clearance assistance for election officials4,sec4 #bjd4 ,security risk and vulnerability assessments4,sec4 #bje4 ,annual reports4,sec4 #bjf4 ,pre-election threat assessments4,title ,,iii--,enhancing ,protections for ,united ,states ,democratic ,institutions,sec4 #cja4 ,national strategy to protect ,united ,states democratic institutions4,sec4 #cjb4 ,national ,commission to ,protect ,united ,states ,democratic ,institutions4,title ,,iv--,promoting ,cybersecurity ,through ,improvements in ,election ,administration,sec4 #dja4 ,testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines4,sec4 #djb4 ,treatment of electronic poll books as part of voting systems4,sec4 #djc4 ,pre-election reports on voting system usage4,sec4 #djd4 ,streamlining collection of election information4,title ,v--,preventing ,election ,hacking,sec4 #eja4 ,short title4,sec4 #ejb4 ,election ,security ,bug ,bounty ,program4,sec4 #ejc4 ,definitions4,title ,,vi--,election security grants advisory committee,sec4 #fja4 ,establishment of advisory committee4,title ,,vii--,use of voting machines manufactured in the ,united ,states,sec4 #gja4 ,use of voting machines manufactured in the ,united ,states4,title ,,viii--,miscellaneous ,provisions,sec4 #hja4 ,definitions4,sec4 #hjb4 ,initial report on adequacy of resources available for implementation4,title ,,ix--,severability,sec4 #ija4 ,severability4 ,i ,financial ,support for ,election ,infrastructure ,a ,voting ,system ,security ,improvement ,grants #a ,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-,verified ,permanent ,paper ,ballot #aja4 ,short title ,this subtitle may be cited as the ,voter ,confidence and ,increased ,accessibility ,act of #bjai4 #ajb4 ,paper ballot and manual counting requirements 7a7 ,in general ,section #cja7;a77#b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#b77 is amended to read as follows3 7#b7 ,paper ballot requirement 7,a7 ,voter-verified paper ballots 7i7 ,paper ballot requirement 7,i7 ,the voting system shall require the use of an individual1 durable1 voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted1 and which shall be counted by hand or read by an optical character recognition device or other counting device4 ,for purposes of this subclause1 the term individual1 durable1 voter-verified paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system1 so long as the voter shall have the option to mark his or her ballot by hand4 7,,ii7 ,the voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause 7ii74 7,,iii7 ,the voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible1 at any time after the ballot has been cast1 to associate a voter with the record of the voter's vote without the voter's consent4 7ii7 ,preservation as official record ,the individual1 durable1 voter-verified paper ballot used in accordance with clause 7i7 shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for ,federal office in which the voting system is used4 7iii7 ,manual counting requirements for recounts and audits 7,i7 ,each paper ballot used pursuant to clause 7i7 shall be suitable for a manual audit1 and shall be counted by hand in any recount or audit conducted with respect to any election for ,federal office4 7,,ii7 ,in the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual1 durable1 voter-verified paper ballots used pursuant to clause 7i71 and subject to subparagraph 7,b71 the individual1 durable1 voter-verified paper ballots shall be the true and correct record of the votes cast4 7iv7 ,application to all ballots ,the requirements of this subparagraph shall apply to all ballots cast in elections for ,federal office1 including ballots cast by absent uniformed services voters and overseas voters under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act and other absentee voters4 7,b7 ,special rule for treatment of disputes when paper ballots have been shown to be compromised 7i7 ,in general ,in the event that-- 7,i7 there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual1 durable1 voter-verified paper ballots used pursuant to subparagraph 7,a77i7 with respect to any election for ,federal office2 and 7,,ii7 it is demonstrated by clear and convincing evidence 7as determined in accordance with the applicable standards in the jurisdiction involved7 in any recount1 audit1 or contest of the result of the election that the paper ballots have been compromised 7by damage or mischief or otherwise7 and that a sufficient number of the ballots have been so compromised that the result of the election could be changed1 the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable ,state law1 except that the electronic tally shall not be used as the exclusive basis for determining the official certified result4 7ii7 ,rule for consideration of ballots associated with each voting machine ,for purposes of clause 7i71 only the paper ballots deemed compromised1 if any1 shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots4 4 7b7 ,conforming amendment clarifying applicability of alternative language accessibility ,section #cja7;a77#d7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#d77 is amended by inserting 7including the paper ballots required to be used under paragraph 7#b77 after voting system4 7c7 ,other conforming amendments ,section #cja7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#a77 is amended-- 7#a7 in subparagraph 7,a77i71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#b7 in subparagraph 7,a77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#c7 in subparagraph 7,a77iii71 by striking counted each place it appears and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 and 7#d7 in subparagraph 7,b77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c74 #ajc4 ,accessibility and ballot verification for individuals with disabilities 7a7 ,in general ,section #cja7;a77#c77;,b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#c77;,b77 is amended to read as follows3 7,b7 7i7 ensure that individuals with disabilities and others are given an equivalent opportunity to vote1 including with privacy and independence1 in a manner that produces a voter-verified paper ballot as for other voters2 7ii7 satisfy the requirement of subparagraph 7,a7 through the use of at least one voting system equipped for individuals with disabilities1 including nonvisual and enhanced visual accessibility for the blind and visually impaired1 and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired1 at each polling place2 and 7iii7 meet the requirements of subparagraph 7,a7 and paragraph 7#b77;,a7 by using a system that-- 7,i7 allows the voter to privately and independently verify the permanent paper ballot through the presentation1 in accessible form1 of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing2 and 7,,ii7 allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot2 4 7b7 ,specific requirement of study1 testing1 and development of accessible paper ballot verification mechanisms 7#a7 ,study and reporting ,subtitle ,c of title ,,ii of such ,act 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7,a7 by redesignating section #bdg as section #bdh2 and 7,b7 by inserting after section #bdf the following new section3 #bdg4 ,study and report on accessible paper ballot verification mechanisms 7a7 ,study and report ,the ,commission shall make grants to not fewer than #c eligible entities to study1 test1 and develop accessible paper ballot voting1 verification1 and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities1 for voters whose primary language is not ,english1 and for voters with difficulties in literacy1 including best practices for the mechanisms themselves and the processes through which the mechanisms are used4 7b7 ,eligibility ,an entity is eligible to receive a grant under this part if it submits to the ,commission 7at such time and in such form as the ,commission may require7 an application containing-- 7#a7 certifications that the entity shall specifically investigate enhanced methods or devices1 including non-electronic devices1 that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters1 and casting such ballots2 7#b7 a certification that the entity shall complete the activities carried out with the grant not later than ,december #ca1 #bjbj2 and 7#c7 such other information and certifications as the ,director may require4 7c7 ,availability of technology ,any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public1 including to manufacturers of voting systems4 7d7 ,coordination with grants for technology improvements ,the ,commission shall carry out this section so that the activities carried out with the grants made under subsection 7a7 are coordinated with the research conducted under the grant program carried out under section #bga1 to the extent that the ,commission determines necessary to provide for the advancement of accessible voting technology4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsection 7a7 #e1jjj1jjj1 to remain available until expended4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended-- 7,a7 by redesignating the item relating to section #bdg as relating to section #bdh2 and 7,b7 by inserting after the item relating to section #bdf the following new item3 ,sec4 #bdg4 ,study and report on accessible paper ballot verification mechanisms4 4 7c7 ,clarification of accessibility standards under voluntary voting system guidance ,in adopting any voluntary guidance under subtitle ,b of title ,,iii of the ,help ,america ,vote ,act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities1 the ,election ,assistance ,commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle4 7d7 ,permitting use of funds for protection and advocacy systems ,to support actions ,to enforce election-,related disability access ,section #bib7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajfb7;a77 is amended by striking 2 except that and all that follows and inserting a period4 #ajd4 ,durability and readability requirements for ballots ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77 is amended by adding at the end the following new paragraph3 7#g7 ,durability and readability requirements for ballots 7,a7 ,durability requirements for paper ballots 7i7 ,in general ,all voter-verified paper ballots required to be used under this ,act shall be marked or printed on durable paper4 7ii7 ,definition ,for purposes of this ,act1 paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots1 and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of #bb months4 7,b7 ,readability requirements for paper ballots marked by ballot marking device ,all voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance 7other than eyeglasses or other personal vision enhancing devices7 and by an optical character recognition device or other device equipped for individuals with disabilities4 4 #aje4 ,paper ballot printing requirements 7a7 ,requiring paper ballots ,to be printed on recycled paper manufactured in ,the ,united ,states ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a771 as amended by section #ajd1 is amended by adding at the end the following new paragraph3 7#h7 ,printing requirements for ballots ,all paper ballots used in an election for ,federal office shall be printed in the ,united ,states on recycled paper manufactured in the ,united ,states4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to elections occurring on or after ,january #a1 #bjba4 #ajf4 ,study and report on optimal ballot design 7a7 ,study ,the ,election ,assistance ,commission shall conduct a study of the best ways to design ballots used in elections for public office1 including paper ballots and electronic or digital ballots1 to minimize confusion and user errors4 7b7 ,report ,not later than ,january #a1 #bjbj1 the ,election ,assistance ,commission shall submit to ,congress a report on the study conducted under subsection 7a74 #ajg4 ,effective date for new requirements ,section #cja7;d7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;d77 is amended to read as follows3 7d7 ,effective ,date 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,state and jurisdiction shall be required to comply with the requirements of this section on and after ,january #a1 #bjjf4 7#b7 ,special rule for certain requirements 7,a7 ,in general ,except as provided in section #aje7;b7 of the ,election ,security ,act of #bjai and subparagraphs 7,b7 and 7,c71 the requirements of this section which are first imposed on a ,state and jurisdiction pursuant to the amendments made by the ,voter ,confidence and ,increased ,accessibility ,act of #bjai shall apply with respect to voting systems used for any election for ,federal office held in #bjbj or any succeeding year4 7,b7 ,delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in #bjah 7i7 ,delay ,in the case of a jurisdiction described in clause 7ii71 subparagraph 7,a7 shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to #bjbj were a reference to #bjbb1 but only with respect to the following requirements of this section3 7,i7 ,paragraph 7#b77;,a77i77,i7 of subsection 7a7 7relating to the use of voter-verified paper ballots74 7,,ii7 ,paragraph 7#c77;,b77ii77,i7 and 7,,ii7 of subsection 7a7 7relating to access to verification from and casting of the durable paper ballot74 7,,iii7 ,paragraph 7#g7 of subsection 7a7 7relating to durability and readability requirements for ballots74 7ii7 ,jurisdictions described ,a jurisdiction described in this clause is a jurisdiction-- 7,i7 which used voter verifiable paper record printers attached to direct recording electronic voting machines1 or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs 7#b77;,a77i77,i71 7#c77;,b77iii77,i7 and 7,,ii71 and 7#g7 of subsection 7a7 7as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjai71 for the administration of the regularly scheduled general election for ,federal office held in ,november #bjah2 and 7,,ii7 which will continue to use such printers or systems for the administration of elections for ,federal office held in years before #bjbb4 7iii7 ,mandatory availability of paper ballots at polling places using grandfathered printers and systems 7,i7 ,requiring ballots to be offered and provided ,the appropriate election official at each polling place that uses a printer or system described in clause 7ii77,i7 for the administration of elections for ,federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system4 ,the official shall provide the individual with the ballot and the supplies necessary to mark the ballot1 and shall ensure 7to the greatest extent practicable7 that the waiting period for the individual to cast a vote is the lesser of #cj minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause4 7,,ii7 ,treatment of ballot ,any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes 7including by incorporating it into the final unofficial vote count 7as defined by the ,state7 for the precinct7 and not as a provisional ballot1 unless the individual casting the ballot would have otherwise been required to cast a provisional ballot4 7,,iii7 ,posting of notice ,the appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot4 7,,iv7 ,training of election officials ,the chief ,state election official shall ensure that election officials at polling places in the ,state are aware of the requirements of this clause1 including the requirement to display a notice under subclause 7,,iii71 and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre-printed paper ballot4 7,v7 ,period of applicability ,the requirements of this clause apply only during the period in which the delay is in effect under clause 7i74 7,c7 ,special rule for jurisdictions using certain nontabulating ballot marking devices ,in the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve1 subparagraph 7,a7 shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to any election for ,federal office held in #bjbj or any succeeding year were a reference to elections for ,federal office held in #bjbb or each succeeding year1 but only with respect to paragraph 7#c77;,b77iii77,,ii7 of subsection 7a7 7relating to nonmanual casting of the durable paper ballot74 4 #b ,grants to ,carry ,out ,improvements #aaa4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements 7a7 ,availability of grants ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja et seq47 is amended by adding at the end the following new part3 #g ,grants for ,obtaining ,compliant ,paper ,ballot ,voting ,systems and ,carrying ,out ,voting ,system ,security ,improvements #big4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements 7a7 ,availability and use of grant ,the ,commission shall make a grant to each eligible ,state-- 7#a7 to replace a voting system-- 7,a7 which does not meet the requirements which are first imposed on the ,state pursuant to the amendments made by the ,voter ,confidence and ,increased ,accessibility ,act of #bjai with a voting system which does meet such requirements1 for use in the regularly scheduled general elections for ,federal office held in ,november #bjbj1 or 7,b7 which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines issued by the ,commission prior to the regularly scheduled general election for ,federal office held in ,november #bjbj with another system which does meet such requirements and is in compliance with such guidelines2 7#b7 to carry out voting system security improvements described in section #big;,a with respect to the regularly scheduled general elections for ,federal office held in ,november #bjbj and each succeeding election for ,federal office2 and 7#c7 to implement and model best practices for ballot design1 ballot instructions1 and the testing of ballots4 7b7 ,amount of grant ,the amount of a grant made to a ,state under this section shall be such amount as the ,commission determines to be appropriate1 except that such amount may not be less than the product of #a and the average of the number of individuals who cast votes in any of the two most recent regularly scheduled general elections for ,federal office held in the ,state4 7c7 ,pro rata reductions ,if the amount of funds appropriated for grants under this part is insufficient to ensure that each ,state receives the amount of the grant calculated under subsection 7b71 the ,commission shall make such pro rata reductions in such amounts as may be necessary to ensure that the entire amount appropriated under this part is distributed to the ,states4 7d7 ,surplus appropriations ,if the amount of funds appropriated for grants authorized under section #big;,d7a77#b7 exceed the amount necessary to meet the requirements of subsection 7b71 the ,commission shall consider the following in making a determination to award remaining funds to a ,state3 7#a7 ,the record of the ,state in carrying out the following with respect to the administration of elections for ,federal office3 7,a7 ,providing voting machines that are less than #aj years old4 7,b7 ,implementing strong chain of custody procedures for the physical security of voting equipment and paper records at all stages of the process4 7,c7 ,conducting pre-election testing on every voting machine and ensuring that paper ballots are available wherever electronic machines are used4 7,d7 ,maintaining offline backups of voter registration lists4 7,e7 ,providing a secure voter registration database that logs requests submitted to the database4 7,f7 ,publishing and enforcing a policy detailing use limitations and security safeguards to protect the personal information of voters in the voter registration process4 7,g7 ,providing secure processes and procedures for reporting vote tallies4 7,h7 ,providing a secure platform for disseminating vote totals4 7#b7 ,evidence of established conditions of innovation and reform in providing voting system security and the proposed plan of the ,state for implementing additional conditions4 7#c7 ,evidence of collaboration between relevant stakeholders1 including local election officials1 in developing the grant implementation plan described in section #big;,b4 7#d7 ,the plan of the ,state to conduct a rigorous evaluation of the effectiveness of the activities carried out with the grant4 7e7 ,ability of replacement systems ,to administer ranked choice elections ,to the greatest extent practicable1 an eligible ,state which receives a grant to replace a voting system under this section shall ensure that the replacement system is capable of administering a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter's preference4 #big;,a4 ,voting system security improvements described 7a7 ,permitted uses ,a voting system security improvement described in this section is any of the following3 7#a7 ,the acquisition of goods and services from qualified election infrastructure vendors by purchase1 lease1 or such other arrangements as may be appropriate4 7#b7 ,cyber and risk mitigation training4 7#c7 ,a security risk and vulnerability assessment of the ,state's election infrastructure which is carried out by a provider of cybersecurity services under a contract entered into between the chief ,state election official and the provider4 7#d7 ,the maintenance of election infrastructure1 including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph 7#c71 except that none of the funds provided under this part may be used to renovate or replace a building or facility which is used primarily for purposes other than the administration of elections for public office4 7#e7 ,providing increased technical support for any information technology infrastructure that the chief ,state election official deems to be part of the ,state's election infrastructure or designates as critical to the operation of the ,state's election infrastructure4 7#f7 ,enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph 7#d74 7#g7 ,enhancing the cybersecurity of voter registration systems4 7b7 ,qualified election infrastructure vendors described 7#a7 ,in general ,for purposes of this part1 a qualified election infrastructure vendor is any person who provides1 supports1 or maintains1 or who seeks to provide1 support1 or maintain1 election infrastructure on behalf of a ,state1 unit of local government1 or election agency 7as defined in section #hja of the ,election ,security ,act7 who meets the criteria described in paragraph 7#b74 7#b7 ,criteria ,the criteria described in this paragraph are such criteria as the ,chairman1 in coordination with the ,secretary of ,homeland ,security1 shall establish and publish1 and shall include each of the following requirements3 7,a7 ,the vendor must be owned and controlled by a citizen or permanent resident of the ,united ,states4 7,b7 ,the vendor must disclose to the ,chairman and the ,secretary1 and to the chief ,state election official of any ,state to which the vendor provides any goods and services with funds provided under this part1 of any sourcing outside the ,united ,states for parts of the election infrastructure4 7,c7 ,the vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the ,technical ,guidelines ,development ,committee4 7,d7 ,the vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the ,technical ,guidelines ,development ,committee4 7,e7 ,the vendor agrees to meet the requirements of paragraph 7#c7 with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under this part4 7,f7 ,the vendor agrees to permit independent security testing by the ,commission 7in accordance with section #bca7;a77 and by the ,secretary of the goods and services provided by the vendor pursuant to a grant under this part4 7#c7 ,cybersecurity incident reporting requirements 7,a7 ,in general ,a vendor meets the requirements of this paragraph if1 upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under this part-- 7i7 the vendor promptly assesses whether or not such an incident occurred1 and submits a notification meeting the requirements of subparagraph 7,b7 to the ,secretary and the ,chairman of the assessment as soon as practicable 7but in no case later than #c days after the vendor first becomes aware of the possibility that the incident occurred72 7ii7 if the incident involves goods or services provided to an election agency1 the vendor submits a notification meeting the requirements of subparagraph 7,b7 to the agency as soon as practicable 7but in no case later than #c days after the vendor first becomes aware of the possibility that the incident occurred71 and cooperates with the agency in providing any other necessary notifications relating to the incident2 and 7iii7 the vendor provides all necessary updates to any notification submitted under clause 7i7 or clause 7ii74 7,b7 ,contents of notifications ,each notification submitted under clause 7i7 or clause 7ii7 of subparagraph 7,a7 shall contain the following information with respect to any election cybersecurity incident covered by the notification3 7i7 ,the date1 time1 and time zone when the election cybersecurity incident began1 if known4 7ii7 ,the date1 time1 and time zone when the election cybersecurity incident was detected4 7iii7 ,the date1 time1 and duration of the election cybersecurity incident4 7iv7 ,the circumstances of the election cybersecurity incident1 including the specific election infrastructure systems believed to have been accessed and information acquired1 if any4 7v7 ,any planned and implemented technical measures to respond to and recover from the incident4 7vi7 ,in the case of any notification which is an update to a prior notification1 any additional material information relating to the incident1 including technical data1 as it becomes available4 #big;,b4 ,eligibility of ,states ,a ,state is eligible to receive a grant under this part if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing-- 7#a7 a description of how the ,state will use the grant to carry out the activities authorized under this part2 7#b7 a certification and assurance that1 not later than #e years after receiving the grant1 the ,state will carry out risk-limiting audits and will carry out voting system security improvements1 as described in section #big;,a2 and 7#c7 such other information and assurances as the ,commission may require4 #big;,c4 ,reports to ,congress ,not later than #ij days after the end of each fiscal year1 the ,commission shall submit a report to the appropriate congressional committees1 including the ,committees on ,homeland ,security1 ,house ,administration1 and the ,judiciary of the ,house of ,representatives and the ,committees on ,homeland ,security and ,governmental ,affairs1 the ,judiciary1 and ,rules and ,administration of the ,senate1 on the activities carried out with the funds provided under this part4 #big;,d4 ,authorization of appropriations 7a7 ,authorization ,there are authorized to be appropriated for grants under this part-- 7#a7 #a1jjj1jjj1jjj for fiscal year #bjai2 and 7#b7 #age1jjj1jjj for each of the fiscal years #bjbj1 #bjbb1 #bjbd1 and #bjbf4 7b7 ,continuing availability of amounts ,any amounts appropriated pursuant to the authorization of this section shall remain available until expended4 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to subtitle ,d of title ,,ii the following3 ,part #g--;,grants for ,obtaining ,compliant ,paper ,ballot ,voting ,systems and ,carrying ,out ,voting ,system ,security ,improvements,sec4 #big4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements4,sec4 #big;,a4 ,voting system security improvements described4,sec4 #big;,b4 ,eligibility of ,states4,sec4 #big;,c4 ,reports to ,congress4,sec4 #big;,d4 ,authorization of appropriations4 #aab4 ,coordination of voting system security activities with use of requirements payments and election administration requirements under ,help ,america ,vote ,act of #bjjb 7a7 ,duties of ,election ,assistance ,commission ,section #bjb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjibb7 is amended in the matter preceding paragraph 7#a7 by striking by and inserting and the security of election infrastructure by4 7b7 ,membership of ,secretary of ,homeland ,security on ,board of ,advisors of ,election ,assistance ,commission ,section #bad7;a7 of such ,act 7#eb ,u4,s4,c4 #bjidd7;a77 is amended-- 7#a7 by striking #cg members and inserting #ch members2 and 7#b7 by adding at the end the following new paragraph3 7#ag7 ,the ,secretary of ,homeland ,security or the ,secretary's designee4 4 7c7 ,representative of ,department of ,homeland ,security on ,technical ,guidelines ,development ,committee ,section #bba7;c77#a7 of such ,act 7#eb ,u4,s4,c4 #bjifa7;c77#a77 is amended-- 7#a7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7#b7 by inserting after subparagraph 7,d7 the following new subparagraph3 7,e7 ,a representative of the ,department of ,homeland ,security4 4 7d7 ,goals of periodic studies of election administration issues2 consultation with ,secretary of ,homeland ,security ,section #bda7;a7 of such ,act 7#eb ,u4,s4,c4 #bjiha7;a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking the ,commission shall and inserting the ,commission1 in consultation with the ,secretary of ,homeland ,security 7as appropriate71 shall2 7#b7 by striking and at the end of paragraph 7#c72 7#c7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#d7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 will be secure against attempts to undermine the integrity of election systems by cyber or other means2 and 4 7e7 ,requirements payments 7#a7 ,use of payments for voting system security improvements ,section #bea7;b7 of such ,act 7#eb ,u4,s4,c4 #bajja7;b77 is amended by adding at the end the following new paragraph3 7#d7 ,permitting use of payments for voting system security improvements ,a ,state may use a requirements payment to carry out any of the following activities3 7,a7 ,cyber and risk mitigation training4 7,b7 ,providing increased technical support for any information technology infrastructure that the chief ,state election official deems to be part of the ,state's election infrastructure or designates as critical to the operation of the ,state's election infrastructure4 7,c7 ,enhancing the cybersecurity and operations of the information technology infrastructure described in subparagraph 7,b74 7,d7 ,enhancing the security of voter registration databases4 4 7#b7 ,incorporation of election infrastructure protection in ,state plans for use of payments ,section #bed7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #bajjd7;a77#a77 is amended by striking the period at the end and inserting 1 including the protection of election infrastructure44 7#c7 ,composition of committee responsible for developing ,state plan for use of payments ,section #bee of such ,act 7#eb ,u4,s4,c4 #bajje7 is amended-- 7,a7 by redesignating subsection 7b7 as subsection 7c72 and 7,b7 by inserting after subsection 7a7 the following new subsection3 7b7 ,geographic representation ,the members of the committee shall be a representative group of individuals from the ,state's counties1 cities1 towns1 and ,indian tribes1 and shall represent the needs of rural as well as urban areas of the ,state1 as the case may be4 4 7f7 ,ensuring protection of computerized ,statewide voter registration list ,section #cjc7;a77#c7 of such ,act 7#eb ,u4,s4,c4 #bajhc7;a77#c77 is amended by striking the period at the end and inserting 1 as well as other measures to prevent and deter cybersecurity incidents1 as identified by the ,commission1 the ,secretary of ,homeland ,security1 and the ,technical ,guidelines ,development ,committee44 #aac4 ,incorporation of definitions 7a7 ,in general ,section #ija of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baada7 is amended to read as follows3 #ija4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,the term cybersecurity incident has the meaning given the term incident in section #bbg of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adh74 7#b7 ,the term election infrastructure has the meaning given such term in section #ceja of the ,election ,security ,act4 7#c7 ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended by amending the item relating to section #ija to read as follows3 ,sec4 #ija4 ,definitions4 4 ,b ,grants for ,risk-,limiting ,audits of ,results of ,elections #aba4 ,grants to ,states for conducting risk-limiting audits of results of elections 7a7 ,availability of grants ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja et seq471 as amended by section #aaa7;a71 is amended by adding at the end the following new part3 #h ,grants for ,conducting ,risk-,limiting ,audits of ,results of ,elections #bih4 ,grants for conducting risk-limiting audits of results of elections 7a7 ,availability of grants ,the ,commission shall make a grant to each eligible ,state to conduct risk-limiting audits as described in subsection 7b7 with respect to the regularly scheduled general elections for ,federal office held in ,november #bjbj and each succeeding election for ,federal office4 7b7 ,risk-,limiting audits described ,in this part1 a risk-limiting audit is a post-election process-- 7#a7 which is conducted in accordance with rules and procedures established by the chief ,state election official of the ,state which meet the requirements of subsection 7c72 and 7#b7 under which1 if the reported outcome of the election is incorrect1 there is at least a predetermined percentage chance that the audit will replace the incorrect outcome with the correct outcome as determined by a full1 hand-to-eye tabulation of all votes validly cast in that election that ascertains voter intent manually and directly from voter-verifiable paper records4 7c7 ,requirements for rules and procedures ,the rules and procedures established for conducting a risk-limiting audit shall include the following elements3 7#a7 ,rules for ensuring the security of ballots and documenting that prescribed procedures were followed4 7#b7 ,rules and procedures for ensuring the accuracy of ballot manifests produced by election agencies4 7#c7 ,rules and procedures for governing the format of ballot manifests1 cast vote records1 and other data involved in the audit4 7#d7 ,methods to ensure that any cast vote records used in the audit are those used by the voting system to tally the election results sent to the chief ,state election official and made public4 7#e7 ,procedures for the random selection of ballots to be inspected manually during each audit4 7#f7 ,rules for the calculations and other methods to be used in the audit and to determine whether and when the audit of an election is complete4 7#g7 ,procedures and requirements for testing any software used to conduct risk-limiting audits4 7d7 ,definitions ,in this part1 the following definitions apply3 7#a7 ,the term ballot manifest means a record maintained by each election agency that meets each of the following requirements3 7,a7 ,the record is created without reliance on any part of the voting system used to tabulate votes4 7,b7 ,the record functions as a sampling frame for conducting a risk-limiting audit4 7,c7 ,the record contains the following information with respect to the ballots cast and counted in the election3 7i7 ,the total number of ballots cast and counted by the agency 7including undervotes1 overvotes1 and other invalid votes74 7ii7 ,the total number of ballots cast in each election administered by the agency 7including undervotes1 overvotes1 and other invalid votes74 7iii7 ,a precise description of the manner in which the ballots are physically stored1 including the total number of physical groups of ballots1 the numbering system for each group1 a unique label for each group1 and the number of ballots in each such group4 7#b7 ,the term incorrect outcome means an outcome that differs from the outcome that would be determined by a full tabulation of all votes validly cast in the election1 determining voter intent manually1 directly from voter-verifiable paper records4 7#c7 ,the term outcome means the winner of an election1 whether a candidate or a position4 7#d7 ,the term reported outcome means the outcome of an election which is determined according to the canvass and which will become the official1 certified outcome unless it is revised by an audit1 recount1 or other legal process4 #bih;,a4 ,eligibility of ,states ,a ,state is eligible to receive a grant under this part if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing-- 7#a7 a certification that1 not later than #e years after receiving the grant1 the ,state will conduct risk-limiting audits of the results of elections for ,federal office held in the ,state as described in section #bih2 7#b7 a certification that1 not later than one year after the date of the enactment of this section1 the chief ,state election official of the ,state has established or will establish the rules and procedures for conducting the audits which meet the requirements of section #bih7;c72 7#c7 a certification that the audit shall be completed not later than the date on which the ,state certifies the results of the election2 7#d7 a certification that1 after completing the audit1 the ,state shall publish a report on the results of the audit1 together with such information as necessary to confirm that the audit was conducted properly2 7#e7 a certification that1 if a risk-limiting audit conducted under this part leads to a full manual tally of an election1 ,state law requires that the ,state or election agency shall use the results of the full manual tally as the official results of the election2 and 7#f7 such other information and assurances as the ,commission may require4 #bih;,b4 ,authorization of appropriations ,there are authorized to be appropriated for grants under this part #bj1jjj1jjj for fiscal year #bjai1 to remain available until expended4 4 7b7 ,clerical amendment ,the table of contents of such ,act1 as amended by section #aaa7;b71 is further amended by adding at the end of the items relating to subtitle ,d of title ,,ii the following3 ,part #h--;,grants for ,conducting ,risk-,limiting ,audits of ,results of ,elections,sec4 #bih4 ,grants for conducting risk-limiting audits of results of elections4,sec4 #bih;,a4 ,eligibility of ,states4,sec4 #bih;,b4 ,authorization of appropriations4 #abb4 ,,gao analysis of effects of audits 7a7 ,analysis ,not later than #f months after the first election for ,federal office is held after grants are first awarded to ,states for conducting risk-limiting audits under part #h of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by section #aba7 for conducting risk-limiting audits of elections for ,federal office1 the ,comptroller ,general of the ,united ,states shall conduct an analysis of the extent to which such audits have improved the administration of such elections and the security of election infrastructure in the ,states receiving such grants4 7b7 ,report ,the ,comptroller ,general of the ,united ,states shall submit a report on the analysis conducted under subsection 7a7 to the appropriate congressional committees4 ,c ,election ,infrastructure ,innovation ,grant ,program #aca4 ,election infrastructure innovation grant program 7a7 ,in general ,title ,,iii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aha et seq47 is amended-- 7#a7 by redesignating the second section #cai 7relating to ,,emp and ,,gmd mitigation research and development7 as section #cbj2 and 7#b7 by adding at the end the following new section3 #cba4 ,election infrastructure innovation grant program 7a7 ,establishment ,the ,secretary1 acting through the ,under ,secretary for ,science and ,technology1 in coordination with the ,chairman of the ,election ,assistance ,commission 7established pursuant to the ,help ,america ,vote ,act of #bjjb7 and in consultation with the ,director of the ,national ,science ,foundation and the ,director of the ,national ,institute of ,standards and ,technology1 shall establish a competitive grant program to award grants to eligible entities1 on a competitive basis1 for purposes of research and development that are determined to have the potential to significantly improve the security 7including cybersecurity71 quality1 reliability1 accuracy1 accessibility1 and affordability of election infrastructure1 and increase voter participation4 7b7 ,report to ,congress ,not later than #ij days after the conclusion of each fiscal year for which grants are awarded under this section1 the ,secretary shall submit to the ,committee on ,homeland ,security and the ,committee on ,house ,administration of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,rules and ,administration of the ,senate a report describing such grants and analyzing the impact1 if any1 of such grants on the security and operation of election infrastructure1 and on voter participation4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #bj1jjj1jjj for each of fiscal years #bjai through #bjbg for purposes of carrying out this section4 7d7 ,eligible entity defined ,in this section1 the term eligible entity means-- 7#a7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a771 including an institution of higher education that is a historically ,black college or university 7which has the meaning given the term 8part ,b institution0 in section #cbb of such ,act 7#bj ,u4,s4,c4 #ajfa77 or other minority-serving institution listed in section #cga7;a7 of such ,act 7#bj ,u4,s4,c4 #ajfgq7a772 7#b7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 or 7#c7 an organization1 association1 or a for-profit company1 including a small business concern 7as such term is defined under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb771 including a small business concern owned and controlled by socially and economically disadvantaged individuals as defined under section #h7;d77#c77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#c77;,c774 4 7b7 ,definition ,section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja7 is amended-- 7#a7 by redesignating paragraphs 7#f7 through 7#bj7 as paragraphs 7#g7 through 7#ba71 respectively2 and 7#b7 by inserting after paragraph 7#e7 the following new paragraph3 7#f7 ,election infrastructure ,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 vendors 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 4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by striking both items relating to section #cai and the item relating to section #cah and inserting the following new items3 ,sec4 #cah4 ,social media working group4,sec4 #cai4 ,transparency in research and development4,sec4 #cbj4 ,,emp and ,,gmd mitigation research and development4,sec4 #cba4 ,election infrastructure innovation grant program4 4 ,,ii ,security ,measures #bja4 ,election infrastructure designation ,subparagraph 7,j7 of section #bjja7c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja7c77 is amended by inserting 1 including election infrastructure before the period at the end4 #bjb4 ,timely threat information ,subsection 7d7 of section #bja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba7 is amended by adding at the end the following new paragraph3 7#bd7 ,to provide timely threat information regarding election infrastructure to the chief ,state election official of the ,state with respect to which such information pertains4 4 #bjc4 ,security clearance assistance for election officials ,in order to promote the timely sharing of information on threats to election infrastructure1 the ,secretary may-- 7#a7 help expedite a security clearance for the chief ,state election official and other appropriate ,state personnel involved in the administration of elections1 as designated by the chief ,state election official2 7#b7 sponsor a security clearance for the chief ,state election official and other appropriate ,state personnel involved in the administration of elections1 as designated by the chief ,state election official2 and 7#c7 facilitate the issuance of a temporary clearance to the chief ,state election official and other appropriate ,state personnel involved in the administration of elections1 as designated by the chief ,state election official1 if the ,secretary determines classified information to be timely and relevant to the election infrastructure of the ,state at issue4 #bjd4 ,security risk and vulnerability assessments 7a7 ,in general ,paragraph 7#f7 of section #bbji7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fei7;c77 is amended by inserting 7including by carrying out a security risk and vulnerability assessment7 after risk management support4 7b7 ,prioritization ,to enhance election security 7#a7 ,in general ,not later than #ij days after receiving a written request from a chief ,state election official1 the ,secretary shall1 to the extent practicable1 commence a security risk and vulnerability assessment 7pursuant to paragraph 7#f7 of section #bbji7;c7 of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a77 on election infrastructure in the ,state at issue4 7#b7 ,notification ,if the ,secretary1 upon receipt of a request described in paragraph 7#a71 determines that a security risk and vulnerability assessment cannot be commenced within #ij days1 the ,secretary shall expeditiously notify the chief ,state election official who submitted such request4 #bje4 ,annual reports 7a7 ,reports on assistance and assessments ,not later than one year after the date of the enactment of this ,act and annually thereafter through #bjbf1 the ,secretary shall submit to the appropriate congressional committees-- 7#a7 efforts to carry out section #bjc during the prior year1 including specific information on which ,states were helped1 how many officials have been helped in each ,state1 how many security clearances have been sponsored in each ,state1 and how many temporary clearances have been issued in each ,state2 and 7#b7 efforts to carry out section #bjd during the prior year1 including specific information on which ,states were helped1 the dates on which the ,secretary received a request for a security risk and vulnerability assessment pursuant to such section1 the dates on which the ,secretary commenced each such request1 and the dates on which the ,secretary transmitted a notification in accordance with subsection 7b77#b7 of such section4 7b7 ,reports on foreign threats ,not later than #ij days after the end of each fiscal year 7beginning with fiscal year #bjai71 the ,secretary and the ,director of ,national ,intelligence1 in coordination with the heads of appropriate offices of the ,federal government1 shall submit a joint report to the appropriate congressional committees on foreign threats to elections in the ,united ,states1 including physical and cybersecurity threats4 7c7 ,information from ,states ,for purposes of preparing the reports required under this section1 the ,secretary shall solicit and consider information and comments from ,states and election agencies1 except that the provision of such information and comments by a ,state or election agency shall be voluntary and at the discretion of the ,state or agency4 #bjf4 ,pre-election threat assessments 7a7 ,submission of assessment by ,,dni ,not later than #ahj days before the date of each regularly scheduled general election for ,federal office1 the ,director of ,national ,intelligence shall submit an assessment of the full scope of threats to election infrastructure1 including cybersecurity threats posed by state actors and terrorist groups1 and recommendations to address or mitigate the threats1 as developed by the ,secretary and ,chairman1 to-- 7#a7 the chief ,state election official of each ,state2 7#b7 the ,committees on ,homeland ,security and ,house ,administration of the ,house of ,representatives and the ,committees on ,homeland ,security and ,governmental ,affairs and ,rules and ,administration of the ,senate2 and 7#c7 any other appropriate congressional committees4 7b7 ,updates to initial assessments ,if1 at any time after submitting an assessment with respect to an election under subsection 7a71 the ,director of ,national ,intelligence determines that the assessment should be updated to reflect new information regarding the threats involved1 the ,director shall submit a revised assessment under such subsection4 7c7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,the term ,chairman means the chair of the ,election ,assistance ,commission4 7#b7 ,the term chief ,state election official means1 with respect to a ,state1 the individual designated by the ,state under section #aj of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeji7 to be responsible for coordination of the ,state's responsibilities under such ,act4 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 vendors 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 ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,the term ,state has the meaning given such term in section #ija of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baada74 7d7 ,effective date ,this title shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbj and each succeeding regularly scheduled general election for ,federal office4 ,,iii ,enhancing ,protections for ,united ,states ,democratic ,institutions #cja4 ,national strategy to protect ,united ,states democratic institutions 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,president1 acting through the ,secretary1 in consultation with the ,chairman1 the ,secretary of ,defense1 the ,secretary of ,state1 the ,attorney ,general1 the ,secretary of ,education1 the ,director of ,national ,intelligence1 the ,chairman of the ,federal ,election ,commission1 and the heads of any other appropriate ,federal agencies1 shall issue a national strategy to protect against cyber attacks1 influence operations1 disinformation campaigns1 and other activities that could undermine the security and integrity of ,united ,states democratic institutions4 7b7 ,considerations ,the national strategy required under subsection 7a7 shall include consideration of the following3 7#a7 ,the threat of a foreign state actor1 foreign terrorist organization 7as designated pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi771 or a domestic actor carrying out a cyber attack1 influence operation1 disinformation campaign1 or other activity aimed at undermining the security and integrity of ,united ,states democratic institutions4 7#b7 ,the extent to which ,united ,states democratic institutions are vulnerable to a cyber attack1 influence operation1 disinformation campaign1 or other activity aimed at undermining the security and integrity of such democratic institutions4 7#c7 ,potential consequences1 such as an erosion of public trust or an undermining of the rule of law1 that could result from a successful cyber attack1 influence operation1 disinformation campaign1 or other activity aimed at undermining the security and integrity of ,united ,states democratic institutions4 7#d7 ,lessons learned from other ,western governments the institutions of which were subject to a cyber attack1 influence operation1 disinformation campaign1 or other activity aimed at undermining the security and integrity of such institutions1 as well as actions that could be taken by the ,united ,states ,government to bolster collaboration with foreign partners to detect1 deter1 prevent1 and counter such activities4 7#e7 ,potential impacts such as an erosion of public trust in democratic institutions as could be associated with a successful cyber breach or other activity negatively-affecting election infrastructure4 7#f7 ,roles and responsibilities of the ,secretary1 the ,chairman1 and the heads of other ,federal entities and non-,federal entities1 including chief ,state election officials and representatives of multi-state information sharing and analysis center4 7#g7 ,any findings1 conclusions1 and recommendations to strengthen protections for ,united ,states democratic institutions that have been agreed to by a majority of ,commission members on the ,national ,commission to ,protect ,united ,states ,democratic ,institutions1 authorized pursuant to section #cjb4 7c7 ,implementation plan ,not later than #ij days after the issuance of the national strategy required under subsection 7a71 the ,president1 acting through the ,secretary1 in coordination with the ,chairman1 shall issue an implementation plan for ,federal efforts to implement such strategy that includes the following3 7#a7 ,strategic objectives and corresponding tasks4 7#b7 ,projected timelines and costs for the tasks referred to in paragraph 7#a74 7#c7 ,metrics to evaluate performance of such tasks4 7d7 ,classification ,the national strategy required under subsection 7a7 shall be in unclassified form4 7e7 ,civil rights review ,not later than #fj days after the issuance of the national strategy required under subsection 7a71 and not later than #fj days after the issuance of the implementation plan required under subsection 7c71 the ,privacy and ,civil ,liberties ,oversight ,board 7established under section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee77 shall submit a report to ,congress on any potential privacy and civil liberties impacts of such strategy and implementation plan1 respectively4 #cjb4 ,national ,commission to ,protect ,united ,states ,democratic ,institutions 7a7 ,establishment ,there is established within the legislative branch the ,national ,commission to ,protect ,united ,states ,democratic ,institutions 7hereafter in this section referred to as the ,commission74 7b7 ,purpose ,the purpose of the ,commission is to counter efforts to undermine democratic institutions within the ,united ,states4 7c7 ,composition 7#a7 ,membership ,the ,commission shall be composed of #aj members appointed for the life of the ,commission as follows3 7,a7 ,one member shall be appointed by the ,secretary4 7,b7 ,one member shall be appointed by the ,chairman4 7,c7 ,two members shall be appointed by the majority leader of the ,senate1 in consultation with the ,chairman of the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,chairman of the ,committee on the ,judiciary1 and the ,chairman of the ,committee on ,rules and ,administration4 7,d7 ,two members shall be appointed by the minority leader of the ,senate1 in consultation with the ranking minority member of the ,committee on ,homeland ,security and ,governmental ,affairs1 the ranking minority member of the ,committee on the ,judiciary1 and the ranking minority member of the ,committee on ,rules and ,administration4 7,e7 ,two members shall be appointed by the ,speaker of the ,house of ,representatives1 in consultation with the ,chairman of the ,committee on ,homeland ,security1 the ,chairman of the ,committee on ,house ,administration1 and the ,chairman of the ,committee on the ,judiciary4 7,f7 ,two members shall be appointed by the minority leader of the ,house of ,representatives1 in consultation with the ranking minority member of the ,committee on ,homeland ,security1 the ranking minority member of the ,committee on the ,judiciary1 and the ranking minority member of the ,committee on ,house ,administration4 7#b7 ,qualifications ,individuals shall be selected for appointment to the ,commission solely on the basis of their professional qualifications1 achievements1 public stature1 experience1 and expertise in relevant fields1 including1 but not limited to cybersecurity1 national security1 and the ,constitution of the ,united ,states4 7#c7 ,no compensation for service ,members shall not receive compensation for service on the ,commission1 but shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with chapter #eg of title #e1 ,united ,states ,code4 7#d7 ,deadline for appointment ,all members of the ,commission shall be appointed no later than #fj days after the date of the enactment of this ,act4 7#e7 ,vacancies ,a vacancy on the ,commission shall not affect its powers and shall be filled in the manner in which the original appointment was made4 ,the appointment of the replacement member shall be made not later than #fj days after the date on which the vacancy occurs4 7d7 ,chair and ,vice ,chair ,the ,commission shall elect a ,chair and ,vice ,chair from among its members4 7e7 ,quorum and meetings 7#a7 ,quorum ,the ,commission shall meet and begin the operations of the ,commission not later than #cj days after the date on which all members have been appointed or1 if such meeting cannot be mutually agreed upon1 on a date designated by the ,speaker of the ,house of ,representatives and the ,president pro ,tempore of the ,senate4 ,each subsequent meeting shall occur upon the call of the ,chair or a majority of its members4 ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number may hold meetings4 7#b7 ,authority of individuals to act for ,commission ,any member of the ,commission may1 if authorized by the ,commission1 take any action that the ,commission is authorized to take under this section4 7f7 ,powers 7#a7 ,hearings and evidence ,the ,commission 7or1 on the authority of the ,commission1 any subcommittee or member thereof7 may1 for the purpose of carrying out this section1 hold hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths as the ,commission considers advisable to carry out its duties4 7#b7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,commission to discharge its duties under this section4 7g7 ,assistance from ,federal agencies 7#a7 ,general ,services ,administration ,the ,administrator of ,general ,services shall provide to the ,commission on a reimbursable basis administrative support and other services for the performance of the ,commission's functions4 7#b7 ,other departments and agencies ,in addition to the assistance provided under paragraph 7#a71 the ,department of ,homeland ,security1 the ,election ,assistance ,commission1 and other appropriate departments and agencies of the ,united ,states shall provide to the ,commission such services1 funds1 facilities1 and staff as they may determine advisable and as may be authorized by law4 7h7 ,public meetings ,any public meetings of the ,commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the ,commission as required by any applicable statute1 regulation1 or ,executive order4 7i7 ,security clearances 7#a7 ,in general ,the heads of appropriate departments and agencies of the executive branch shall cooperate with the ,commission to expeditiously provide ,commission members and staff with appropriate security clearances to the extent possible under applicable procedures and requirements4 7#b7 ,preferences ,in appointing staff1 obtaining detailees1 and entering into contracts for the provision of services for the ,commission1 the ,commission shall give preference to individuals otherwise who have active security clearances4 7j7 ,reports 7#a7 ,interim reports ,at any time prior to the submission of the final report under paragraph 7#b71 the ,commission may submit interim reports to the ,president and ,congress such findings1 conclusions1 and recommendations to strengthen protections for democratic institutions in the ,united ,states as have been agreed to by a majority of the members of the ,commission4 7#b7 ,final report ,not later than #ah months after the date of the first meeting of the ,commission1 the ,commission shall submit to the ,president and ,congress a final report containing such findings1 conclusions1 and recommendations to strengthen protections for democratic institutions in the ,united ,states as have been agreed to by a majority of the members of the ,commission4 7k7 ,termination 7#a7 ,in general ,the ,commission shall terminate upon the expiration of the #fj-;day period which begins on the date on which the ,commission submits the final report required under subsection 7j77#b74 7#b7 ,administrative activities prior to termination ,during the #fj-;day period described in paragraph 7#b71 the ,commission may carry out such administrative activities as may be required to conclude its work1 including providing testimony to committees of ,congress concerning the final report and disseminating the final report4 ,,iv ,promoting ,cybersecurity ,through ,improvements in ,election ,administration #dja4 ,testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines 7a7 ,requiring testing of existing voting systems 7#a7 ,in general ,section #bca7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiga7;a77 is amended by adding at the end the following new paragraph3 7#c7 ,testing to ensure compliance with guidelines 7,a7 ,testing ,not later than #i months before the date of each regularly scheduled general election for ,federal office1 the ,commission shall provide for the testing by accredited laboratories under this section of the voting system hardware and software which was certified for use in the most recent such election1 on the basis of the most recent voting system guidelines applicable to such hardware or software 7including election cybersecurity guidelines7 issued under this ,act4 7,b7 ,decertification of hardware or software failing to meet guidelines ,if1 on the basis of the testing described in subparagraph 7,a71 the ,commission determines that any voting system hardware or software does not meet the most recent guidelines applicable to such hardware or software issued under this ,act1 the ,commission shall decertify such hardware or software4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbj and each succeeding regularly scheduled general election for ,federal office4 7b7 ,issuance of cybersecurity guidelines by ,technical ,guidelines ,development ,committee ,section #bba7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjifa7;b77 is amended by adding at the end the following new paragraph3 7#c7 ,election cybersecurity guidelines ,not later than #f months after the date of the enactment of this paragraph1 the ,development ,committee shall issue election cybersecurity guidelines1 including standards and best practices for procuring1 maintaining1 testing1 operating1 and updating election systems to prevent and deter cybersecurity incidents4 4 #djb4 ,treatment of electronic poll books as part of voting systems 7a7 ,inclusion in definition of voting system ,section #cja7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;b77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking this section and inserting this ,act2 7#b7 by striking and at the end of paragraph 7#a72 7#c7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#d7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 any electronic poll book used with respect to the election2 and 4 7b7 ,definition ,section #cja of such ,act 7#eb ,u4,s4,c4 #bajha7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,electronic poll book defined ,in this ,act1 the term electronic poll book means the total combination of mechanical1 electromechanical1 or electronic equipment 7including the software1 firmware1 and documentation required to program1 control1 and support the equipment7 that is used-- 7#a7 to retain the list of registered voters at a polling location1 or vote center1 or other location at which voters cast votes in an election for ,federal office2 and 7#b7 to identify registered voters who are eligible to vote in an election4 4 7c7 ,effective date ,section #cja7;e7 of such ,act 7#eb ,u4,s4,c4 #bajha7;e771 as redesignated by subsection 7b71 is amended by striking the period at the end and inserting the following3 1 or1 with respect to any requirements relating to electronic poll books1 on and after ,january #a1 #bjbj44 #djc4 ,pre-election reports on voting system usage 7a7 ,requiring ,states ,to submit reports ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by inserting after section #cja the following new section3 #cja;,a4 ,pre-election reports on voting system usage 7a7 ,requiring ,states ,to submit reports ,not later than #abj days before the date of each regularly scheduled general election for ,federal office1 the chief ,state election official of a ,state shall submit a report to the ,commission containing a detailed voting system usage plan for each jurisdiction in the ,state which will administer the election1 including a detailed plan for the usage of electronic poll books and other equipment and components of such system4 7b7 ,effective date ,subsection 7a7 shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbj and each succeeding regularly scheduled general 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 sections #cja1 #cjb1 and #cjc and inserting subtitle ,a of title ,,iii4 7c7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cja the following new item3 ,sec4 #cja;,a4 ,pre-election reports on voting system usage4 4 #djd4 ,streamlining collection of election information ,section #bjb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjibb7 is amended-- 7#a7 by striking ,the ,commission and inserting 7a7 ,in general4--,the ,commission2 and 7#b7 by adding at the end the following new subsection3 7b7 ,waiver of certain requirements ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the collection of information for purposes of maintaining the clearinghouse described in paragraph 7#a7 of subsection 7a74 4 ,v ,preventing ,election ,hacking #eja4 ,short title ,this title may be cited as the ,prevent ,election ,hacking ,act of #bjai4 #ejb4 ,election ,security ,bug ,bounty ,program 7a7 ,establishment ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall establish a program to be known as the ,election ,security ,bug ,bounty ,program 7hereafter in this subtitle referred to as the ,program7 to improve the cybersecurity of the systems used to administer elections for ,federal office by facilitating and encouraging assessments by independent technical experts1 in cooperation with ,state and local election officials and election service providers1 to identify and report election cybersecurity vulnerabilities4 7b7 ,voluntary participation by election officials and election service providers 7#a7 ,no requirement to participate in program ,participation in the ,program shall be entirely voluntary for ,state and local election officials and election service providers4 7#b7 ,encouraging participation and input from election officials ,in developing the ,program1 the ,secretary shall solicit input from1 and encourage participation by1 ,state and local election officials4 7c7 ,activities funded ,in establishing and carrying out the ,program1 the ,secretary shall-- 7#a7 establish a process for ,state and local election officials and election service providers to voluntarily participate in the ,program2 7#b7 designate appropriate information systems to be included in the ,program2 7#c7 provide compensation to eligible individuals1 organizations1 and companies for reports of previously unidentified security vulnerabilities within the information systems designated under subparagraph 7,a7 and establish criteria for individuals1 organizations1 and companies to be considered eligible for such compensation in compliance with ,federal laws2 7#d7 consult with the ,attorney ,general on how to ensure that approved individuals1 organizations1 or companies that comply with the requirements of the ,program are protected from prosecution under section #ajcj of title #ah1 ,united ,states ,code1 and similar provisions of law1 and from liability under civil actions for specific activities authorized under the ,program2 7#e7 consult with the ,secretary of ,defense and the heads of other departments and agencies that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems1 regarding lessons that may be applied from such programs2 7#f7 develop an expeditious process by which an individual1 organization1 or company can register with the ,department1 submit to a background check as determined by the ,department1 and receive a determination as to eligibility for participation in the ,program2 and 7#g7 engage qualified interested persons1 including representatives of private entities1 about the structure of the ,program and1 to the extent practicable1 establish a recurring competition for independent technical experts to assess election systems for the purpose of identifying and reporting election cybersecurity vulnerabilities4 7d7 ,use of service providers ,the ,secretary may award competitive contracts as necessary to manage the ,program4 #ejc4 ,definitions ,in this title1 the following definitions apply3 7#a7 ,the terms election and ,federal office have the meanings given such terms in section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja74 7#b7 ,the term election cybersecurity vulnerability means any security vulnerability 7as defined in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja77 that affects an election system4 7#c7 ,the term election service provider means any person providing1 supporting1 or maintaining an election system on behalf of a ,state or local election official1 such as a contractor or vendor4 7#d7 ,the term election system means any information system 7as defined in section #cejb of title #dd1 ,united ,states ,code7 which is part of an election infrastructure4 7#e7 ,the term ,secretary means the ,secretary of ,homeland ,security1 or1 upon designation by the ,secretary of ,homeland ,security1 the ,deputy ,secretary of ,homeland ,security1 the ,director of ,cybersecurity and ,infrastructure ,security of the ,department of ,homeland ,security1 or a ,senate-confirmed official that reports to the ,director4 7#f7 ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands4 7#g7 ,the term voting system has the meaning given such term in section #cja7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;b774 ,,vi ,election security grants advisory committee #fja4 ,establishment of advisory committee 7a7 ,in general ,subtitle ,a of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiba et seq47 is amended by adding at the end the following3 #d ,election security grants advisory committee #bbe4 ,election security grants advisory committee 7a7 ,establishment ,there is hereby established an advisory committee 7hereinafter in this part referred to as the ,committee7 to assist the ,commission with respect to the award of grants to ,states under this ,act for the purpose of election security4 7b7 ,duties 7#a7 ,in general ,the ,committee shall1 with respect to an application for a grant received by the ,commission-- 7,a7 review such application2 and 7,b7 recommend to the ,commission whether to award the grant to the applicant4 7#b7 ,considerations ,in reviewing an application pursuant to paragraph 7#a77;,a71 the ,committee shall consider-- 7,a7 the record of the applicant with respect to-- 7i7 compliance of the applicant with the requirements under subtitle ,a of title ,,iii2 and 7ii7 adoption of voluntary guidelines issued by the ,commission under subtitle ,b of title ,,iii2 and 7,b7 the goals and requirements of election security as described in title ,,iii of the ,for the ,people ,act of #bjai4 7c7 ,membership ,the ,committee shall be composed of #ae individuals appointed by the ,executive ,director of the ,commission with experience and expertise in election security4 7d7 ,no compensation for service ,members of the ,committee shall not receive any compensation for their service1 but shall be paid travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,committee4 4 7b7 ,effective date ,the amendments made by this section shall take effect #a year after the date of enactment of this ,act4 ,,vii ,use of voting machines manufactured in the ,united ,states #gja4 ,use of voting machines manufactured in the ,united ,states ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a771 as amended by section #ajd and section #aje1 is amended by adding at the end the following new paragraph3 7#i7 ,voting machine requirements ,by not later than the date of the regularly scheduled general election for ,federal office occurring in ,november #bjbb1 each ,state shall seek to ensure that any voting machine used in such election and in any subsequent election for ,federal office is manufactured in the ,united ,states4 4 ,,viii ,miscellaneous ,provisions #hja4 ,definitions ,except as provided in section #ejc1 in this ,act1 the following definitions apply3 7#a7 ,the term ,chairman means the chair of the ,election ,assistance ,commission4 7#b7 ,the term appropriate congressional committees means the ,committees on ,homeland ,security and ,house ,administration of the ,house of ,representatives and the ,committees on ,homeland ,security and ,governmental ,affairs and ,rules and ,administration of the ,senate4 7#c7 ,the term chief ,state election official means1 with respect to a ,state1 the individual designated by the ,state under section #aj of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeji7 to be responsible for coordination of the ,state's responsibilities under such ,act4 7#d7 ,the term ,commission means the ,election ,assistance ,commission4 7#e7 ,the term democratic institutions means the diverse range of institutions that are essential to ensuring an independent judiciary1 free and fair elections1 and rule of law4 7#f7 ,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#g7 ,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 vendors 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#h7 ,the term ,secretary means the ,secretary of ,homeland ,security4 7#i7 ,the term ,state has the meaning given such term in section #ija of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baada74 #hjb4 ,initial report on adequacy of resources available for implementation ,not later than #abj days after enactment of this ,act1 the ,chairman and the ,secretary shall submit a report to the appropriate committees of ,congress1 including the ,committees on ,homeland ,security and ,house ,administration of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 analyzing the adequacy of the funding1 resources1 and personnel available to carry out this ,act and the amendments made by this ,act4 ,,ix ,severability #ija4 ,severability ,if any provision of this ,act or amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and amendments made by this ,act1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4