,i #aagth ,,congress #ast ,session ,h4 ,r4 #bhdd ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjba,mr4 ,mc,caul introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to establish ,election ,security ,enhancement ,units in the ,cybersecurity and ,infrastructure ,agency of the ,department of ,homeland ,security1 to direct the ,election ,assistance ,commission to make a grant to each ,state which certifies that it has implemented certain steps to ensure the integrity of voter registration1 the casting of ballots1 and the tabulation of ballots in elections for ,federal office in the ,state1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,election ,protection ,act of #bjba4 #b4 ,strengthening election security measures 7a7 ,establishment of ,election ,security ,enhancement ,units in ,cybersecurity and ,infrastructure ,agency 7#a7 ,in general ,subtitle ,a of title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fea et seq47 is amended by adding at the end the following new section3 #bbah4 ,election ,security ,enhancement ,units 7a7 ,establishment ,there are established in the ,agency units to be known as ,election ,security ,enhancement ,units 7hereafter in this section referred to as ,units74 7b7 ,duties ,the ,units shall provide ,state and local election officials in various geographic regions of the ,united ,states access to risk-management1 resiliency1 and technical support services provided by election administration and cybersecurity experts who shall be based in such regions and who may provide such services in person1 by telephone1 or online4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bbag the following new item3 ,sec4 #bbah4 ,election ,security ,enhancement ,units4 4 7b7 ,duty of ,secretary of ,homeland ,security to notify ,state and local officials of threats to security of elections 7#a7 ,duty to share information with ,department of ,homeland ,security ,if a ,federal entity receives information about an incident which threatens the security of a ,federal election1 the ,federal entity shall promptly share that information with the ,department of ,homeland ,security1 unless the head of the entity 7or a ,senate-confirmed official designated by the head7 makes a specific determination in writing that there is good cause to withhold the particular information4 7#b7 ,response to receipt of information by ,secretary of ,homeland ,security 7,a7 ,in general ,upon receiving information about an incident under paragraph 7#a71 the ,secretary1 in consultation with the ,attorney ,general1 the ,director of the ,federal ,bureau of ,investigation1 and the ,director of ,national ,intelligence1 shall promptly 7but in no case later than #if hours after receiving the information7 review the information and make a determination whether each of the following apply3 7i7 ,there is credible evidence that the incident occurred4 7ii7 ,there is a basis to believe that the incident resulted1 could have resulted1 or could result in the alteration of the results of the election4 7,b7 ,duty to notify ,state and local officials 7i7 ,duty described ,if the ,secretary makes a determination under subparagraph 7,a7 that clauses 7i7 and 7ii7 of such subparagraph apply with respect to an incident1 not later than #if hours after making the determination1 the ,secretary shall provide a notification of the incident to each of the following3 7,i7 ,the chief executive of the ,state involved4 7,,ii7 ,the ,state election official of the ,state involved4 7,,iii7 ,the local election official of the election agency involved4 7ii7 ,treatment of classified information 7,i7 ,efforts to avoid inclusion of classified information ,in preparing a notification provided under this paragraph to an individual described in subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7i71 the ,secretary shall attempt to avoid the inclusion of classified information4 7,,ii7 ,providing guidance to ,state and local officials ,to the extent that a notification provided under this paragraph to an individual described in subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7i7 includes classified information1 the ,secretary 7in consultation with the ,attorney ,general and the ,director of ,national ,intelligence7 shall indicate in the notification which information is classified4 7,c7 ,exception 7i7 ,in general ,if the ,secretary1 in consultation with the ,attorney ,general and the ,director of ,national ,intelligence1 makes a determination that it is not possible to provide a notification under subparagraph 7,a7 with respect to an incident without compromising intelligence methods or sources or interfering with an ongoing investigation1 the ,secretary shall not provide the notification under such paragraph4 7ii7 ,ongoing review ,not later than #cj days after making a determination under clause 7i7 and every #cj days thereafter1 the ,secretary shall review the determination4 ,if1 after reviewing the determination1 the ,secretary makes a revised determination that it is possible to provide a notification under subparagraph 7,b7 without compromising intelligence methods or sources or interfering with an ongoing investigation1 the ,secretary shall provide the notification under subparagraph 7,b7 not later than #if hours after making such revised determination4 7#c7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,election agency ,the term election agency means any component of a ,state1 or any component of a unit of local government in a ,state1 which is responsible for the administration of elections for ,federal office in the ,state4 7,b7 ,federal election ,the term ,federal election means any election 7as defined in section #cja7a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7a777 for ,federal office 7as defined in section #cja7c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7c7774 7,c7 ,federal entity ,the term ,federal entity means any agency 7as defined in section #eea of title #e1 ,united ,states ,code74 7,d7 ,local election official ,the term local election official means the chief election official of a component of a unit of local government of a ,state that is responsible for administering ,federal elections4 7,e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7,f7 ,state ,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 ,state election official ,the term ,state election official means-- 7i7 the chief ,state election official of a ,state designated under section #aj of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeji72 or 7ii7 in the case of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands1 a chief ,state election official designated by the ,state for purposes of this ,act4 7#d7 ,effective date ,this subsection shall apply with respect to information about an incident which threatens the security of a ,federal election which is received on or after the date of the enactment of this ,act4 #c4 ,grants to ,states certifying integrity of elections 7a7 ,grants ,the ,election ,assistance ,commission 7hereafter referred to as the ,commission7 shall make a grant to each eligible ,state4 7b7 ,use of funds ,a ,state shall use the funds provided by a grant made under this section to carry out the administration of elections for ,federal office in the ,state4 7c7 ,eligibility ,a ,state is eligible to receive a grant under this section if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing-- 7#a7 each of the certifications described in paragraphs 7#a71 7#b71 and 7#c7 of subsection 7e72 and 7#b7 such other information and assurances as the ,commission may require4 7d7 ,amount of grant 7#a7 ,in general ,the amount of the grant made to an eligible ,state under this section shall be the minimum payment amount described in paragraph 7#b7 plus the voting age population proportion amount described in paragraph 7#c74 7#b7 ,minimum payment amount ,the minimum payment amount described in this paragraph is-- 7,a7 in the case of any of the several ,states or the ,district of ,columbia1 one-half of #a percent of the aggregate amount made available for payments under this section2 and 7,b7 in the case of the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands1 one-tenth of #a percent of such aggregate amount4 7#c7 ,voting age population proportion amount ,the voting age population proportion amount described in this paragraph is the product of-- 7,a7 the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph 7#b72 and 7,b7 the voting age population proportion for the ,state 7as defined in paragraph 7#d774 7#d7 ,voting age population proportion defined ,the term voting age population proportion means1 with respect to a ,state1 the amount equal to the quotient of-- 7,a7 the voting age population of the ,state 7as reported in the most recent decennial census72 and 7,b7 the total voting age population of all ,states 7as reported in the most recent decennial census74 7e7 ,certifications described 7#a7 ,certification of compliance with voter registration list maintenance requirements ,the certification described in this paragraph is a certification that the ,state completed a program to systematically remove the names of ineligible voters from the official lists of eligible voters with respect to the most recent regularly scheduled general election for ,federal office held in the ,state1 as required under section #h7;c77#b7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;c77#b774 7#b7 ,certifications relating to integrity in casting of ballots ,the certifications described in this paragraph are as follows3 7,a7 ,requiring provision of identification as condition of voting 7i7 ,individuals voting in person ,a certification that1 notwithstanding any other provision of law1 the appropriate ,state or local election official does not provide a ballot for an election for ,federal office to an individual who desires to vote in person unless the individual presents to the official a current and valid identification4 7ii7 ,individuals voting other than in person ,a certification that1 notwithstanding any other provision of law1 the appropriate ,state or local election official does not accept any ballot for an election for ,federal office provided by an individual who votes other than in person unless the individual submits with the ballot a copy of a current and valid identification4 7iii7 ,current and valid identification defined ,in this subparagraph1 a current and valid identification means a current and valid version of any of the following3 7,i7 ,an identification issued by a ,state or a unit of local government in a ,state4 7,,ii7 ,a ,united ,states passport4 7,,iii7 ,a military identification card4 7,,iv7 ,an identification issued by a tribal government4 7,b7 ,prohibiting delivery of ballots by mail unless requested ,a certification that the ,state does not deliver a ballot in an election for ,federal office to an individual by mail unless the individual requests that the ,state deliver the ballot to the individual by mail4 7,c7 ,restrictions on delivery of voted ballots by third parties 7i7 ,restrictions ,a certification that the ,state does not accept a voted absentee ballot in an election for ,federal office which is delivered in person to an election official by any individual other than the voter to whom the ballot was transmitted1 other than an individual described as follows3 7,i7 ,an election official while engaged in official duties as authorized by law4 7,,ii7 ,an employee of the ,united ,states ,postal ,service while engaged in official duties as authorized by law4 7,,iii7 ,any other individual who is allowed by law to collect and transmit ,united ,states mail1 while engaged in official duties as authorized by law4 7,,iv7 ,a family member of the voter to whom the ballot was transmitted4 7ii7 ,family member defined ,in clause 7i71 the term family member means1 with respect to a voter to whom a ballot is transmitted1 an individual who is related to the voter by blood1 marriage1 adoption1 or legal guardianship4 7,d7 ,prohibiting acceptance of absentee ballots received after date of election ,a certification that the ,state does not accept a voted absentee ballot in an election for ,federal office which is not received by the appropriate ,state or local election official prior to the time at which the polls in the election close on the date of the election4 7,e7 ,exception for absent military and overseas voters ,a certification that the certifications described in subparagraphs 7,a7 through 7,e7 do not apply with respect to any individual who is entitled to vote by absentee ballot under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja et seq474 7#c7 ,certifications relating to integrity in tabulation of ballots ,the certifications described in this paragraph are as follows3 7,a7 ,minimum presence of election observers ,a certification that the appropriate ,state or local election official permits at least #b representatives of each candidate appearing on the ballot in a general election for ,federal office to observe the tabulation of the ballots in the election4 7,b7 ,permitting processing and tabulation of ballots upon receipt ,a certification that the ,state may process and tabulate ballots received prior to the date of the election upon receipt1 except that nothing in this subparagraph shall be construed to require the ,state to certify that a ,state or local election official is required to publish the results of any tabulation of ballots in an election prior to the time at which the polls in the election close on the date of the election4 7,c7 ,post-election audit ,a certification that1 not later than #cj days after each election for ,federal office held in the ,state1 the ,state conducts and publishes an audit of the effectiveness and accuracy of the voting systems used to carry out the election and the performance of the ,state and local election officials who carried out the election4 7f7 ,state defined ,in this section1 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 7g7 ,authorization of appropriations 7#a7 ,authorization ,there are authorized to be appropriated such sums as may be necessary for grants under this section4 7#b7 ,continuing availability of funds ,funds appropriated pursuant to the authorization under this subsection shall remain available until expended4 #d4 ,study and report by ,bipartisan ,election ,advisory ,commission 7a7 ,establishment ,there is established in the legislative branch the ,bipartisan ,election ,advisory ,commission 7referred to in this section as the ,advisory ,commission74 7b7 ,membership 7#a7 ,composition ,the ,advisory ,commission shall be composed of #ab members1 of whom-- 7,a7 #f shall be appointed by the leader of the ,republican party in the ,house of ,representatives 7in consultation with the leader of the ,republican caucus in the ,senate71 one of which shall be appointed as a ,co-,chairperson of the ,advisory ,commission2 and 7,b7 #f shall be appointed by the leader of the ,democratic caucus in the ,senate 7in consultation with the leader of the ,democratic party in the ,house of ,representatives71 one of which shall be appointed as a ,co-,chairperson of the ,advisory ,commission4 7#b7 ,representation ,individuals appointed to the ,advisory ,commission under paragraph 7#a7 shall be geographically balanced and shall include representatives of ,federal1 ,state1 and local governments and of the legal1 cybersecurity1 and election administration and technology communities1 except that no elected official may serve on the ,advisory ,commission4 7#c7 ,political party affiliation ,not more than #f members of the ,advisory ,commission may be members of the same political party4 7#d7 ,date ,the appointments of the members of the ,advisory ,commission shall be made not later than #ij days after the date of enactment of this ,act4 7c7 ,period of appointment2 vacancies 7#a7 ,in general ,except as provided in paragraph 7#b71 a member of the ,advisory ,commission shall be appointed for the duration of the ,advisory ,commission4 7#b7 ,removal ,a member may be removed from the ,advisory ,commission at any time at the upon concurrence of both of the ,co-,chairpersons of the ,advisory ,commission4 7#c7 ,vacancies ,a vacancy in the ,advisory ,commission-- 7,a7 shall not affect the powers of the ,commission2 and 7,b7 shall be filled in the same manner as the original appointment4 7d7 ,commission personnel matters 7#a7 ,prohibition on compensation of members ,the members of the ,advisory ,commission may not receive pay or benefits from the ,united ,states ,government by reason of their service on the ,advisory ,commission1 but may receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#b7 ,staff ,the ,co-,chairpersons of the ,advisory ,commission may appoint and fix the compensation of staff of the ,advisor ,committee without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for the staff may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of that title4 7e7 ,powers 7#a7 ,hearings and sessions ,the ,advisory ,commission may1 for the purpose of carrying out this section1 hold hearings1 sit and act at times and places1 take testimony1 and receive evidence as the ,commission considers appropriate4 ,the ,advisory ,commission may administer oaths or affirmations to witnesses appearing before it4 7#b7 ,obtaining official data ,the ,advisory ,commission may secure directly from any department or agency of the ,united ,states information necessary to enable it to carry out this section4 7#c7 ,administrative support services ,upon the request of the ,advisory ,commission1 the ,architect of the ,capitol shall provide to the ,commission1 on a reimbursable basis1 the administrative support services necessary for the ,commission to carry out its responsibilities under this section4 7f7 ,duties 7#a7 ,study ,the ,advisory ,commission shall conduct a study of the following3 7,a7 ,the effects of ,,covid-#ai on the administration and security of elections4 7,b7 ,the impact of election administration procedures implemented to address the effects of ,,covid-#ai on the effective administration and security of elections4 7,c7 ,the extent of security shortfalls and fraud during the #bjbj general elections for ,federal office and during previous general elections for ,federal office4 7,d7 ,the feasibility and desirability of implementing uniform requirements for ,states to carry out absentee ballot tracking programs4 7#b7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,advisory ,commission shall submit a report to ,congress on the study conducted under paragraph 7#a71 together with recommendations for improving the administration of elections and enhancing the security of elections4 7g7 ,termination ,the ,advisory ,commission shall terminate #fj days after the date on which the ,advisory ,commission submits the report required under subsection 7f74 #e4 ,sense of ,congress on confidence in election process ,it is the sense of ,congress that-- 7#a7 the ,united ,states is a beacon of hope that sets the standard of democracy around the world2 7#b7 the people of the ,united ,states should have full faith in their electoral process2 7#c7 the ,united ,states must ensure that elections are free1 fair1 and secure2 7#d7 transparency is at the core of the democratic process1 and the #bjbj election raised concerns of election irregularities2 and 7#e7 at the very least1 ,congress must provide the ,american people with the confidence that their elections are secure4