,,ii #aafth ,,congress #ast ,session ,s4 #bjec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bh 7legislative day1 ,june #bg71 #bjai,ms4 ,klobuchar 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 ,securing ,america's ,federal ,elections ,act or the ,,safe ,act4 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,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--,risk-,limiting ,audits,sec4 #aba4 ,risk-limiting audits4,sec4 #abb4 ,funding for conducting post-election risk-limiting audits4,sec4 #abc4 ,,gao analysis of effects of audits4,title ,,ii--,promoting ,cybersecurity ,through ,improvements in ,election ,administration,sec4 #bja4 ,voting system cybersecurity requirements4,sec4 #bjb4 ,testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines4,sec4 #bjc4 ,requiring use of software and hardware for which information is disclosed by manufacturer4,sec4 #bjd4 ,treatment of electronic poll books as part of voting systems4,sec4 #bje4 ,pre-election reports on voting system usage4,sec4 #bjf4 ,streamlining collection of election information4,title ,,iii--,use of ,voting ,machines ,manufactured in the ,united ,states,sec4 #cja4 ,use of voting machines manufactured in the ,united ,states4,title ,,iv--,severability,sec4 #dja4 ,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 ,the paper ballot shall be printed or marked in such a way that vote selections1 including all vote selections scanned by voting systems to tabulate votes1 can be inspected and verified by the voter without training or instruction or audited by election officials without the aid of any machine or other equipment4 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 and 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 ,director of the ,national ,science ,foundation shall make grants to not fewer than three 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 ,director 7at such time and in such form as the ,director 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 ,director 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 by the ,commission under section #bga1 to the extent that the ,director and ,commission determine 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 ,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 ,securing ,america's ,federal ,elections ,act 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-verified 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 ,paragraphs 7#c77;,b77iii77,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-verified 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 occurring 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 #bjbj2 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 agency1 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 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 #fjj1jjj1jjj 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 4 #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 #fei74 7#b7 ,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#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 technology 7including the technology used by or on behalf of election officials to produce and distribute voter guides to elections71 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 ,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 ,risk-,limiting ,audits #aba4 ,risk-limiting audits 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by inserting after section #cjc the following new section3 #cjc;,a4 ,risk-limiting audits 7a7 ,definitions ,in this section3 7#a7 ,risk-limiting audit ,the term risk-limiting audit means1 with respect to any election contest1 a post-election process that-- 7,a7 has a probability of at least #ie percent of correcting the reported outcome if the reported outcome is not the correct outcome2 7,b7 will not change the outcome if the reported outcome is the correct outcome2 and 7,c7 involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest4 7#b7 ,reported outcome2 correct outcome2 outcome 7,a7 ,reported outcome ,the term reported outcome means the outcome of an election contest 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 7,b7 ,correct outcome ,the term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest4 7,c7 ,outcome ,the term outcome means the winner or set of winners of an election contest4 7#c7 ,manual adjudication of voter intent ,the term manual adjudication of voter intent means direct inspection and determination by humans1 without assistance from electronic or mechanical tabulation devices1 of the ballot choices marked by voters on each voter-verified paper record4 7#d7 ,ballot manifest ,the term ballot manifest means a record maintained by each jurisdiction that-- 7,a7 is created without reliance on any part of the voting system used to tabulate votes2 7,b7 functions as a sampling frame for conducting a risk-limiting audit2 and 7,c7 accounts for all ballots validly cast regardless of how they were tabulated and includes 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 7b7 ,requirements 7#a7 ,in general 7,a7 ,audits 7i7 ,in general ,each ,state and jurisdiction shall administer risk-limiting audits of the results of all election contests for ,federal office held in the ,state in accordance with the requirements of paragraph 7#b74 7ii7 ,exception ,clause 7i7 shall not apply to any election contest for which the ,state or jurisdiction conducts a full recount through a manual adjudication of voter intent4 7,b7 ,full manual tabulation ,if a risk-limiting audit conducted under subparagraph 7,a7 corrects the reported outcome of an election contest1 the ,state or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the risk-limiting audit as the official results of the election contest4 7#b7 ,audit requirements 7,a7 ,rules and procedures 7i7 ,in general ,not later than #a year after the date of the enactment of this section1 the chief ,state election official of the ,state shall establish rules and procedures for conducting risk-limiting audits4 7ii7 ,matters included ,the rules and procedures established under clause 7i7 shall include the following3 7,i7 ,rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed4 7,,ii7 ,rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions4 7,,iii7 ,rules and procedures for governing the format of ballot manifests and other data involved in risk-limiting audits4 7,,iv7 ,methods to ensure that any cast vote records used in a risk-limiting audit are those used by the voting system to tally the results of the election contest sent to the chief ,state election official of the ,state and made public4 7,v7 ,rules and procedures for the random selection of ballots to be inspected manually during each audit4 7,,vi7 ,rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete4 7,,vii7 ,rules and procedures for testing any software used to conduct risk-limiting audits4 7,b7 ,public report 7i7 ,in general ,after the completion of the risk-limiting audit and at least #e days before the election contest is certified1 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 properly4 7ii7 ,format of data ,all data published with the report under clause 7i7 shall be published in machine-readable1 open data formats4 7iii7 ,protection of anonymity of votes ,information and data published by the ,state under this subparagraph shall not compromise the anonymity of votes4 7c7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this section for the first regularly scheduled election for ,federal office held more than #a year after the date of the enactment of the ,securing ,america's ,federal ,elections ,act and for each subsequent 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 for such ,act is amended by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjc;,a4 ,risk-limiting audits4 4 #abb4 ,funding for conducting post-election risk-limiting audits 7a7 ,payments to ,states ,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 ,funding for ,post-,election ,risk-,limiting ,audits #bih4 ,payments for post-election risk-limiting audits 7a7 ,in general ,the ,commission shall pay to ,states the amount of eligible post-election audit costs4 7b7 ,eligible post-,election audit costs ,for purposes of this section1 the term eligible post-election audit costs means1 with respect to any ,state1 costs paid or incurred by the ,state or local government within the ,state for-- 7#a7 the conduct of any risk-limiting audit 7as defined in section #cjc;,a7 with respect to an election for ,federal office occurring after the date of the enactment of this part2 and 7#b7 any equipment1 software1 or services necessary for the conduct of any such risk-limiting audit4 7c7 ,special rules 7#a7 ,rules and procedures ,the ,commission shall establish rules and procedures for submission of eligible post-election audit costs for payments under this section4 7#b7 ,insufficient funds ,in any case in which the amounts appropriated under subsection 7d7 are insufficient to pay all eligible post-election audit costs submitted by ,states with respect to any ,federal election1 the amount of such costs paid under subsection 7a7 to any ,state shall be equal to the amount that bears the same ratio to the amount which would be paid to such ,state 7determined without regard to this paragraph7 as-- 7,a7 the number of individuals who voted in such ,federal election in such ,state2 bears to 7,b7 the total number of individuals who voted in such ,federal election in all ,states submitting a claim for eligible post-election audit costs4 7d7 ,authorization of appropriations 7#a7 ,in general ,there is hereby authorized to be appropriated to the ,commission such sums as are necessary to carry out this part4 7#b7 ,availability ,any amounts appropriated pursuant to paragraph 7#a7 shall remain available without fiscal year limitation 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--;,funding for ,post-,election ,risk-,limiting ,audits,sec4 #bih4 ,payments for post-election risk-limiting audits4 4 #abc4 ,,gao analysis of effects of audits 7a7 ,analysis ,not later than #f months after the first elections for ,federal office is held for which ,states must conduct risk-limiting audits under section #cjc;,a of the ,help ,america ,vote ,act of #bjjb 7as added by section #aba71 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 ,committee on ,house ,administration of the ,house of ,representatives and the ,committee on ,rules and ,administration of the ,senate4 ,,ii ,promoting ,cybersecurity ,through ,improvements in ,election ,administration #bja4 ,voting system cybersecurity requirements 7a7 ,ballot tabulating devices ,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 further amended by adding at the end the following new paragraph3 7#i7 ,ballot tabulating methods 7,a7 ,in general ,the voting system tabulates ballots by hand or through the use of an optical scanning device that meets the requirements of subparagraph 7,b74 7,b7 ,requirements for optical scanning devices ,except as provided in subparagraph 7,c71 the requirements of this subparagraph are as follows3 7i7 ,the device is designed and built in a manner in which it is mechanically impossible for the device to add or change the vote selections on a printed or marked ballot4 7ii7 ,the device is capable of exporting its data 7including vote tally data sets and cast vote records7 in a machine-readable1 open data standard format required by the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology4 7iii7 ,the device consists of hardware that demonstrably conforms to a hardware component manifest describing point-of-origin information 7including upstream hardware supply chain information for each component7 that-- 7,i7 has been provided to the ,commission1 the ,director of ,cybersecurity and ,infrastructure ,security1 and the chief ,state election official for each ,state in which the device is used2 and 7,,ii7 may be shared by any entity to whom it has been provided under subclause 7,i7 with independent experts for cybersecurity analysis4 7iv7 ,the device utilizes technology that prevents the operation of the device if any hardware components do not meet the requirements of clause 7iii74 7v7 ,the device operates using software for which the source code1 system build tools1 and compilation parameters-- 7,i7 have been provided to the ,commission1 the ,director of ,cybersecurity and ,infrastructure ,security1 and the chief ,state election official for each ,state in which the device is used2 and 7,,ii7 may be shared by any entity to whom it has been provided under subclause 7,i7 with independent experts for cybersecurity analysis4 7vi7 ,the device utilizes technology that prevents the running of software on the device that does not meet the requirements of clause 7v74 7vii7 ,the device utilizes technology that enables election officials1 cybersecurity researchers1 and voters to verify that the software running on the device-- 7,i7 was built from a specific1 untampered version of the code that is described in clause 7v72 and 7,,ii7 uses the system build tools and compilation parameters that are described in clause 7v74 7viii7 ,the device contains such other security requirements as the ,director of ,cybersecurity and ,infrastructure ,security requires4 7,c7 ,waiver 7i7 ,in general ,the ,director of ,cybersecurity and ,infrastructure ,security1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 may waive one or more of the requirements of subparagraph 7,b7 7other than the requirement of clause 7i7 thereof7 with respect to any device for a period of not to exceed #b years4 7ii7 ,publication ,information relating to any waiver granted under clause 7i7 shall be made publicly available on the internet4 7,d7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this paragraph for the regularly scheduled election for ,federal office in ,november #bjbd1 and for each subsequent election for ,federal office4 4 7b7 ,other cybersecurity requirements ,section #cja7;a7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a771 as amended by section #ajd1 section #aje1 and subsection 7a71 is further amended by adding at the end the following new paragraphs3 7#aj7 ,prohibition of use of wireless communications devices in systems or devices 7,a7 ,in general ,no system or device upon which ballot marking devices or optical scanners are configured1 upon which ballots are marked by voters 7except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph 7#c771 or upon which votes are cast1 tabulated1 or aggregated shall contain1 use1 or be accessible by any wireless1 power-line1 or concealed communication device4 7,b7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this paragraph for the regularly scheduled election for ,federal office in ,november #bjbj1 and for each subsequent election for ,federal office4 7#aa7 ,prohibiting connection of system to the internet 7,a7 ,in general ,no system or device upon which ballot marking devices or optical scanners are configured1 upon which ballots are marked by voters1 or upon which votes are cast1 tabulated1 or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time4 7,b7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this paragraph for the regularly scheduled election for ,federal office in ,november #bjbj1 and for each subsequent election for ,federal office4 4 7c7 ,special cybersecurity rules for certain ballot marking devices 7#a7 ,in general ,section #cja7;a7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a771 as amended by section #ajd1 section #aje1 and subsections 7a7 and 7b71 is further amended by adding at the end the following new paragraph3 7#ab7 ,ballot marking devices 7,a7 ,in general ,in the case of a voting system that uses a ballot marking device1 the ballot marking device shall be a device that-- 7i7 is not capable of tabulating votes2 7ii7 except in the case of a ballot marking device used exclusively to comply with the requirements of paragraph 7#c71 is certified in accordance with section #bcb as meeting the requirements of subparagraph 7,b72 and 7iii7 meets the requirements of clauses 7iii7 through 7viii7 of section #cja7;a77#i77;,b74 7,b7 ,requirements 7i7 ,in general ,a ballot marking device meets the requirements of this subparagraph if1 during a double-masked test conducted by a qualified independent user experience research laboratory 7as defined in section #bcb7;b77#d77 of a simulated election scenario which meets the requirements of clause 7ii71 there is less than a #e percent chance that an ordinary voter using the device would not detect and report any difference between the vote selection printed on the ballot by the ballot marking device and the vote selection indicated by the voter4 7ii7 ,simulated election scenario ,a simulated election scenario meets the requirements of this clause if it is conducted with-- 7,i7 a pool of subjects that are-- 7aa7 diverse in age1 gender1 education1 and physical limitations2 and 7bb7 representative of the communities in which the voting system will be used2 and 7,,ii7 ballots that are representative of ballots ordinarily used in the communities in which the voting system will be used4 7,c7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this paragraph for the regularly scheduled election for ,federal office in ,november #bjbb1 and for each subsequent election for ,federal office4 4 7#b7 ,procedure for testing 7,a7 ,in general ,subtitle ,b of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiga et seq47 is amended by adding at the end the following new section3 #bcb4 ,testing and certification of ballot marking devices 7a7 ,in general ,any ,state or jurisdiction which intends to use a ballot marking device 7other than a ballot marking device used exclusively to comply with the requirements of section #cja7;a77#c77 in an election for ,federal office may submit an application to the ,commission for testing and certification under this section4 7b7 ,application1 assignment1 and testing 7#a7 ,in general ,an application under subsection 7a7 shall be submitted not later than #ah months before the date of the election for ,federal office in which the ballot marking device is intended to be used and shall contain such information as the ,commission requires4 7#b7 ,assignment ,upon receipt of an application for testing under this section1 the ,commission shall contract with a qualified independent user experience research laboratory for the testing of whether the ballot marking device intended to be used by the ,state or jurisdiction meets the requirements of section #cja7;a77#ab77;,b74 7#c7 ,requirements for testing ,any contract described in paragraph 7#b7 shall require the qualified independent user experience research laboratory to-- 7,a7 not later than #cj days before testing begins1 submit to the ,commission for approval the protocol for the simulated election scenario used for testing the ballot marking device2 7,b7 use only protocols approved by the ,commission in conducting such testing2 and 7,c7 submit to the ,commission a report on the results of the testing4 7#d7 ,qualified independent user experience research laboratory ,for purposes of this section3 7,a7 ,in general ,the term qualified independent user experience research laboratory means a laboratory accredited under this subsection by the ,election ,assistance ,commission in accordance with standards determined by the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,secretary of ,homeland ,security4 7,b7 ,criteria ,a laboratory shall not be accredited under this subsection unless such laboratory demonstrates that-- 7i7 no employee of1 or individual with an ownership in1 such laboratory has1 or has had during the #e preceding years1 any financial relationship with a manufacturer of voting systems2 and 7ii7 any group of individuals conducting tests under this section collectively meet the following qualifications3 7,i7 ,experience designing and running user research studies and experiments using both qualitative and quantitative methodologies4 7,,ii7 ,experience with voting systems4 7c7 ,review by independent board 7#a7 ,in general ,the ,commission shall submit for approval to an independent review board established under paragraph 7#c7 the following3 7,a7 ,any protocol submitted to the ,commission under subsection 7b77#c77;,a74 7,b7 ,any report submitted to the ,commission under subsection 7b77#c77;,c74 7#b7 ,final approval ,not later than the date that is #ab months before the date of the election for ,federal office in which a ,state or jurisdiction intends to use the ballot marking device1 the independent review board shall report to the ,commission on whether it has approved a report submitted under paragraph 7#a77;,b74 7#c7 ,independent review board 7,a7 ,in general ,an independent review board established under this paragraph shall be composed of five independent scientists appointed by the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology4 7,b7 ,qualifications ,the members of the independent review board-- 7i7 shall have expertise and relevant peer-reviewed publications in the following fields3 cognitive psychology1 experimental design1 statistics1 and user experience research and testing2 and 7ii7 may not have1 or have had during the #e preceding years1 any financial relationship with a manufacturer of voting systems4 7#d7 ,publication ,the ,commission shall make public-- 7,a7 any protocol approved under this subsection2 7,b7 any report submitted under subsection 7b77#c77;,c72 and 7,c7 any determination made by an independent review board under paragraph 7#b74 7d7 ,certification ,if-- 7#a7 a ballot marking device is determined by the qualified independent user experience research laboratory to meet the requirements of section #cja7;a77#ab72 and 7#b7 the report submitted under subsection 7b77#c77;,c7 is approved by a majority of the members of the independent review board under subsection 7d77#b71 then the ,commission shall certify the ballot marking device4 7e7 ,prohibition on fees ,the ,commission may not charge any fee to a ,state or jurisdiction1 a developer or manufacturer of a ballot marking device1 or any other person in connection with testing and certification under this section4 4 7,b7 ,conforming amendments 7i7 ,section #bjb7b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjibb7b77 is amended by inserting and ballot marking devices after hardware and software74 7ii7 ,the heading for subtitle ,b of title ,,ii of such ,act is amended by inserting at the end 2 ballot marking devices4 7iii7 ,the table of contents of such ,act is amended-- 7,i7 by inserting 2 ,ballot ,marking ,devices at the end of the item relating to subtitle ,b of title ,,ii2 and 7,,ii7 by inserting after the item related to section #bca the following3 ,sec4 #bcb4 ,testing and certification of ballot marking devices4 4 #bjb4 ,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 the ,securing ,america's ,federal ,elections ,act1 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 #bjc4 ,requiring use of software and hardware for which information is disclosed by manufacturer 7a7 ,requirement ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a771 as amended by sections #ajd1 #aje1 #bja7;a71 #bja7;b71 and #bja7;c71 is amended by adding at the end the following new paragraph3 7#ac7 ,requiring use of software and hardware for which information is disclosed by manufacturer 7,a7 ,requiring use of software for which source code is disclosed by manufacturer 7i7 ,in general ,in the operation of voting systems in an election for ,federal office1 a ,state may only use software for which the manufacturer makes the source code 7in the form in which will be used at the time of the election7 publicly available online under a license that grants a worldwide1 royalty-free1 non-exclusive1 perpetual1 sub-licensable license to all intellectual property rights in such source code1 except that the manufacturer may prohibit a person who obtains the software from using the software in a manner that is primarily intended for or directed toward commercial advantage or private monetary compensation that is unrelated to carrying out legitimate research or cybersecurity activity4 7ii7 ,exceptions ,clause 7i7 does not apply with respect to-- 7,i7 widely used operating system software which is not specific to voting systems and for which the source code or baseline functionality is not altered2 or 7,,ii7 widely used cybersecurity software which is not specific to voting systems and for which the source code or baseline functionality is not altered4 7,b7 ,requiring use of hardware for which information is disclosed by manufacturer 7i7 ,requiring disclosure of hardware ,a ,state may not use a voting system in an election for ,federal office unless the manufacturer of the system publicly discloses online the identification of the hardware used to operate the system4 7ii7 ,additional disclosure requirements for custom or altered hardware ,to the extent that the hardware used to operate a voting system or any component thereof is not widely used1 or is widely used but is altered1 the ,state may not use the system in an election for ,federal office unless-- 7,i7 the manufacturer of the system publicly discloses online the components of the hardware1 the design of such components1 and how such components are connected in the operation of the system2 and 7,,ii7 the manufacturer makes the design 7in the form which will be used at the time of the election7 publicly available online under a license that grants a worldwide1 royalty-free1 non-exclusive1 perpetual1 sub-licensable license to all intellectual property rights in the design of the hardware or the component1 except that the manufacturer may prohibit a person who obtains the design from using the design in a manner that is primarily intended for or directed toward commercial advantage or private monetary compensation that is unrelated to carrying out legitimate research or cybersecurity activity4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to elections for ,federal office held in #bjbj or any succeeding year4 #bjd4 ,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 amended by section #ajg and as redesignated by subsection 7b71 is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c72 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,special rule for electronic poll books ,in the case of the requirements of subsection 7c7 7relating to electronic poll books71 each ,state and jurisdiction shall be required to comply with such requirements on or after ,january #a1 #bjbj4 4 #bje4 ,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 ,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 #bjf4 ,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 ,,iii ,use of ,voting ,machines ,manufactured in the ,united ,states #cja4 ,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 sections #ajd1 #aje1 #bja7;a71 #bja7;b71 #bja7;c71 and #bjc7;a71 is further amended by adding at the end the following new paragraph3 7#ad7 ,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 ,,iv ,severability #dja4 ,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