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.....................................................................
(Original Signature of Member)

H. R. ll

115TH CONGRESS
2D SESSION

To protect the administration of Federal elections against cybersecurity
threats.

IN THE HOUSE OF REPRESENTATIVES
Mr. THOMAS J. ROONEY of Florida (for himself, Mr. GOWDY, Mr. HIMES, and
Ms. SEWELL of Alabama) introduced the following bill; which was referred to the Committee on lllllllllllllll

A BILL
To protect the administration of Federal elections against
cybersecurity threats.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLE.

4
5

This Act may be cited as the ‘‘Secure Elections Act’’.
SEC. 2. SENSE OF CONGRESS.

6

It is the sense of Congress that—

7
8

(1) the States conduct elections and should
maintain control of and responsibility for them;

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2
1

(2) it is important to maintain State leadership

2

in election administration;

3

(3) free and fair elections are central to our de-

4

mocracy;

5

(4) protecting our elections is a national secu-

6

rity priority; and

7

(5) an attack on our election systems by a for-

8

eign power is a hostile act and should be met with

9

appropriate retaliatory actions, including immediate

10

and severe sanctions.

11

SEC. 3. DEFINITIONS.

12

In this Act:

13

(1) ADVISORY

term ‘‘Advisory

14

Panel’’ means the advisory panel of independent ex-

15

perts on election cybersecurity established under sec-

16

tion 5(a)(1).

17

(2) APPROPRIATE

18

TEES.—The

19

mittees’’ means—

CONGRESSIONAL

COMMIT-

term ‘‘appropriate congressional com-

20

(A) the Committee on Rules and Adminis-

21

tration, the Committee on Armed Services, the

22

Committee on Homeland Security and Govern-

23

mental Affairs, the Committee on Appropria-

24

tions, the Select Committee on Intelligence, the

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PANEL.—The

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3
1

majority leader, and the minority leader of the

2

Senate; and

3

(B) the Committee on House Administra-

4

tion, the Committee on Armed Services, the

5

Committee on Homeland Security, the Com-

6

mittee on Appropriations, the Permanent Select

7

Committee on Intelligence, the Speaker, and the

8

minority leader of the House of Representa-

9

tives.

10
11

(3) APPROPRIATE

ENTITIES.—The

term ‘‘appropriate Federal entities’’ means—

12

(A) the Department of Commerce, includ-

13

ing the National Institute of Standards and

14

Technology;

15

(B) the Department of Defense;

16

(C) the Department, including the compo-

17

nent of the Department that reports to the

18

Under Secretary responsible for overseeing crit-

19

ical infrastructure protection, cybersecurity, and

20

other related programs of the Department;

21

(D) the Department of Justice, including

22

the Federal Bureau of Investigation;

23

(E) the Commission; and

24

(F) the Office of the Director of National

25

Intelligence, the National Security Agency, and

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FEDERAL

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4
1

such other elements of the intelligence commu-

2

nity (as defined in section 3 of the National Se-

3

curity Act of 1947 (50 U.S.C. 3003)) as the

4

Director of National Intelligence determines are

5

appropriate.

6

(4) CHAIRMAN.—The term ‘‘Chairman’’ means

7

the Chairman of the Election Assistance Commis-

8

sion.

9
10

(5) COMMISSION.—The term ‘‘Commission’’
means the Election Assistance Commission.

11
12

(6) DEPARTMENT.—The term ‘‘Department’’
means the Department of Homeland Security.

13

(7) ELECTION

term ‘‘election

14

agency’’ means any component of a State or any

15

component of a county, municipality, or other sub-

16

division of a State that is responsible for admin-

17

istering Federal elections.

18

(8) ELECTION

CYBERSECURITY

INCIDENT.—

19

The term ‘‘election cybersecurity incident’’ means

20

any incident involving an election system.

21

(9) ELECTION

CYBERSECURITY THREAT.—The

22

term ‘‘election cybersecurity threat’’ means any cy-

23

bersecurity threat (as defined in section 102 of the

24

Cybersecurity Information Sharing Act of 2015 (6

25

U.S.C. 1501)) to an election system.

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AGENCY.—The

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5
1

(10)

2

ABILITY.—The

3

ability’’ means any security vulnerability (as defined

4

in section 102 of the Cybersecurity Information

5

Sharing Act of 2015 (6 U.S.C. 1501)) that affects

6

an election system.

7

CYBERSECURITY

VULNER-

term ‘‘election cybersecurity vulner-

(11) ELECTION

SERVICE PROVIDER.—The

term

8

‘‘election service provider’’ means any person pro-

9

viding, supporting, or maintaining an election sys-

10

tem on behalf of an election agency, such as a con-

11

tractor or vendor.

12

(12) ELECTION

SYSTEM.—The

term ‘‘election

13

system’’ means a voting system, an election manage-

14

ment system, a voter registration website or data-

15

base, an electronic pollbook, a system for tabulating

16

or reporting election results, an election agency com-

17

munications system, or any other information sys-

18

tem (as defined in section 3502 of title 44, United

19

States Code) that the Secretary identifies as central

20

to the management, support, or administration of a

21

Federal election.

22

(13) FEDERAL

ELECTION.—The

term ‘‘Federal

23

election’’ means any election (as defined in section

24

301(1) of the Federal Election Campaign Act of

25

1971 (52 U.S.C. 30101(1))) for Federal office (as

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ELECTION

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6
1

defined in section 301(3) of the Federal Election

2

Campaign Act of 1971 (52 U.S.C. 30101(3))).

3

(14) FEDERAL

term ‘‘Federal

4

entity’’ means any agency (as defined in section 551

5

of title 5, United States Code).

6

(15) INCIDENT.—The term ‘‘incident’’ has the

7

meaning given the term in section 227(a) of the

8

Homeland Security Act of 2002 (6 U.S.C. 148(a)).

9
10

(16)

SECRETARY.—The

term

‘‘Secretary’’

means the Secretary of Homeland Security.

11

(17) STATE.—The term ‘‘State’’ means each of

12

the several States of the United States, the District

13

of Columbia, the Commonwealth of Puerto Rico,

14

Guam, American Samoa, the Commonwealth of

15

Northern Mariana Islands, and the United States

16

Virgin Islands.

17
18

(18) STATE

ELECTION OFFICIAL.—The

term

‘‘State election official’’ means—

19

(A) the chief State election official of a

20

State designated under section 10 of the Na-

21

tional Voter Registration Act of 1993 (52

22

U.S.C. 20509); or

23

(B) in the Commonwealth of Puerto Rico,

24

Guam, American Samoa, the Commonwealth of

25

Northern Mariana Islands, and the United

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ENTITY.—The

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7
1

States Virgin Islands, a chief State election of-

2

ficial designated by the State for purposes of

3

this Act.

4

(19) STATE

LAW ENFORCEMENT OFFICER.—

5

The term ‘‘State law enforcement officer’’ means the

6

head of a State law enforcement agency, such as an

7

attorney general.

8

(20) VOTING

SYSTEM.—The

term ‘‘voting sys-

9

tem’’ has the meaning given the term in section

10

301(b) of the Help America Vote Act of 2002 (52

11

U.S.C. 21081(b)).

12

SEC. 4. INFORMATION SHARING.

13
14

(a) DESIGNATION
TY.—The

OF

RESPONSIBLE FEDERAL ENTI-

Secretary shall have primary responsibility with-

15 in the Federal Government for sharing information about
16 election cybersecurity incidents, threats, and vulnerabili17 ties with Federal entities and with election agencies.
18

(b) PRESUMPTION

19 SHARING

TO THE

OF

FEDERAL INFORMATION

DEPARTMENT.—If a Federal entity re-

20 ceives information about an election cybersecurity inci21 dent, threat, or vulnerability, the Federal entity shall
22 promptly share that information with the Department, un23 less the head of the entity (or a Senate-confirmed official
24 designated by the head) makes a specific determination

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8
1 in writing that there is good cause to withhold the par2 ticular information.
3
4

(c) PRESUMPTION
MATION

OF

SHARING FROM

FEDERAL

THE

AND

STATE INFOR-

DEPARTMENT.—If the De-

5 partment receives information about an election cyberse6 curity incident, threat, or vulnerability, the Department
7 shall promptly share that information with—
8

(1) the appropriate Federal entities;

9

(2) all State election agencies;

10

(3) to the maximum extent practicable, all elec-

11

tion agencies that have requested ongoing updates

12

on election cybersecurity incidents, threats, or

13

vulnerabilities; and

14

(4) to the maximum extent practicable, all elec-

15

tion agencies that may be affected by the risks asso-

16

ciated with the particular election cybersecurity inci-

17

dent, threat, or vulnerability.

18

(d) TECHNICAL RESOURCES

19

CIES.—In

FOR

ELECTION AGEN-

sharing information about election cybersecu-

20 rity incidents, threats, and vulnerabilities with election
21 agencies under this section, the Department shall, to the
22 maximum extent practicable—
23

(1) provide cyber threat indicators and defen-

24

sive measures (as such terms are defined in section

25

102 of the Cybersecurity Information Sharing Act of

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9
1

2015 (6 U.S.C. 1501)), such as recommended tech-

2

nical instructions, that assist with preventing, miti-

3

gating, and detecting threats or vulnerabilities;

4

(2) identify resources available for protecting

5

against, detecting, responding to, and recovering

6

from associated risks, including technical capabilities

7

of the Department; and

8
9
10

(3) provide guidance about further sharing of
the information.
(e) DECLASSIFICATION REVIEW.—If the Department

11 receives classified information about an election cybersecu12 rity incident, threat, or vulnerability—
13

(1) the Secretary shall promptly submit a re-

14

quest for expedited declassification review to the

15

head of a Federal entity with authority to conduct

16

the review, consistent with Executive Order 13526

17

or any successor order, unless the Secretary deter-

18

mines that such a request would be inappropriate;

19

and

20

(2) the head of the Federal entity described in

21

paragraph (1) shall promptly conduct the review.

22

(f) ROLE

OF

NON-FEDERAL ENTITIES.—The De-

23 partment may share information about election cybersecu24 rity incidents, threats, and vulnerabilities through a non25 Federal entity.

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10
1

(g) PROTECTION

OF

PERSONAL

AND

CONFIDENTIAL

2 INFORMATION.—
3

(1) IN

a Federal entity shares

4

information relating to an election cybersecurity inci-

5

dent, threat, or vulnerability, the Federal entity

6

shall, within Federal information systems (as de-

7

fined in section 3502 of title 44, United States

8

Code) of the entity—

9

(A) minimize the acquisition, use, and dis-

10

closure of personal information of voters, except

11

as necessary to identify, protect against, detect,

12

respond to, or recover from election cybersecu-

13

rity incidents, threats, and vulnerabilities;

14

(B) notwithstanding any other provision of

15

law, prohibit the retention of personal informa-

16

tion of voters, such as—

17

(i) voter registration information, in-

18

cluding physical address, email address,

19

and telephone number;

20

(ii) political party affiliation or reg-

21

istration information; and

22

(iii) voter history, including registra-

23

tion status or election participation; and

24

(C) protect confidential Federal and State

25

information from unauthorized disclosure.

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GENERAL.—If

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11
1

(2) EXEMPTION

2

tion relating to an election cybersecurity incident,

3

threat, or vulnerability, such as personally identifi-

4

able information of reporting persons or individuals

5

affected by such incident, threat, or vulnerability,

6

shared by or with the Federal Government shall

7

be—

8

(A) deemed voluntarily shared information

9

and exempt from disclosure under section 552

10

of title 5, United States Code, and any State,

11

tribal, or local provision of law requiring disclo-

12

sure of information or records; and

13

(B) withheld, without discretion, from the

14

public under section 552(b)(3)(B) of title 5,

15

United States Code, and any State, tribal, or

16

local provision of law requiring disclosure of in-

17

formation or records.

18
19

(h) DUTY TO ASSESS POSSIBLE CYBERSECURITY INCIDENTS.—

20

(1) ELECTION

AGENCIES.—If

an election agen-

21

cy becomes aware of the possibility of an election cy-

22

bersecurity incident, the election agency shall

23

promptly assess whether an election cybersecurity in-

24

cident occurred and notify the State election official.

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FROM DISCLOSURE.—Informa-

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12
1

(2) ELECTION

SERVICE

PROVIDERS.—If

an

2

election service provider becomes aware of the possi-

3

bility of an election cybersecurity incident, the elec-

4

tion service provider shall promptly assess whether

5

an election cybersecurity incident occurred and no-

6

tify the relevant election agencies consistent with

7

subsection (j).

8

(i) INFORMATION SHARING ABOUT CYBERSECURITY

9 INCIDENTS

ELECTION AGENCIES.—If an election

BY

10 agency has reason to believe that an election cybersecurity
11 incident has occurred with respect to an election system
12 owned, operated, or maintained by or on behalf of the elec13 tion agency, the election agency shall, in the most expe14 dient time possible and without unreasonable delay, pro15 vide notification of the election cybersecurity incident to
16 the Department.
17

(j) INFORMATION SHARING ABOUT CYBERSECURITY

18 INCIDENTS

BY

ELECTION SERVICE PROVIDERS.—If an

19 election service provider has reason to believe that an elec20 tion cybersecurity incident may have occurred, or that an
21 incident related to the role of the provider as an election
22 service provider may have occurred, the election service
23 provider shall—

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13
1

(1) notify the relevant election agencies in the

2

most expedient time possible and without unreason-

3

able delay; and

4

(2) cooperate with the election agencies in pro-

5

viding the notifications required under subsections

6

(h)(1) and (i).

7

(k) CONTENT

OF

NOTIFICATION

BY

ELECTION

8 AGENCIES.—The notifications required under subsections
9 (h)(1) and (i)—
10

(1) shall include an initial assessment of—

11

(A) the date, time, and duration of the

12

election cybersecurity incident;

13

(B) the circumstances of the election cy-

14

bersecurity incident, including the specific elec-

15

tion systems believed to have been accessed and

16

information acquired; and

17

(C) planned and implemented technical

18

measures to respond to and recover from the

19

incident; and

20

(2) shall be updated with additional material in-

21

formation, including technical data, as it becomes

22

available.

23

(l) SECURITY CLEARANCE.—Not later than 30 days

24 after the date of enactment of this Act, the Secretary—

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14
1

(1) shall establish an expedited process for pro-

2

viding appropriate security clearance to State elec-

3

tion officials and designated technical personnel em-

4

ployed by State election agencies;

5

(2) shall establish an expedited process for pro-

6

viding appropriate security clearance to members of

7

the Commission and designated technical personnel

8

employed by the Commission; and

9

(3) shall establish a process for providing ap-

10

propriate security clearance to personnel at other

11

election agencies.

12

(m) PROTECTION FROM LIABILITY.—Nothing in this

13 Act may be construed to provide a cause of action against
14 a State, unit of local government, or an election service
15 provider.
16

(n) ASSESSMENT

OF

INTER-STATE INFORMATION

17 SHARING ABOUT ELECTION CYBERSECURITY.—
18

(1) IN

Secretary and the

19

Chairman, in coordination with the heads of the ap-

20

propriate Federal entities and appropriate officials

21

of State and local governments, shall conduct an as-

22

sessment of—

23

(A) the structure and functioning of the

24

Multi-State Information Sharing and Analysis

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GENERAL.—The

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15
1

Center for purposes of election cybersecurity;

2

and

3

(B) other mechanisms for inter-state infor-

4

mation sharing about election cybersecurity.

5

(2) COMMENT

6

carrying out the assessment required under para-

7

graph (1), the Secretary and the Chairman shall so-

8

licit and consider comments from all State election

9

agencies.

10

(3) DISTRIBUTION.—The Secretary and the

11

Chairman shall jointly issue the assessment required

12

under paragraph (1) to—

13

(A) all election agencies known to the De-

14

partment and the Commission; and

15

(B) the appropriate congressional commit-

16
17

tees.
(o) CONGRESSIONAL NOTIFICATION.—

18

(1) IN

GENERAL.—If

an appropriate Federal

19

entity has reason to believe that a significant elec-

20

tion cybersecurity incident has occurred, the entity

21

shall—

22

(A) not later than 7 calendar days after

23

the date on which there is a reasonable basis to

24

conclude that the significant incident has oc-

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FROM ELECTION AGENCIES.—In

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16
1

curred, provide notification of the incident to

2

the appropriate congressional committees; and

3

(B) update the initial notification under

4

paragraph (1) within a reasonable period of

5

time after additional information relating to the

6

incident is discovered.

7

(2) REPORTING

8

Secretary

shall—

9

(A) promulgate a uniform definition of a

10

‘‘significant election cybersecurity incident’’;

11

and

12

(B) shall submit the definition promul-

13

gated under subparagraph (A) to the appro-

14

priate congressional committees.

15

SEC. 5. ADVISORY PANEL AND GUIDELINES.

16

(a) ADVISORY PANEL.—

17

(1) IN

GENERAL.—The

Commission shall estab-

18

lish an advisory panel of independent experts on

19

election cybersecurity.

20
21

(2) MEMBERSHIP.—The Advisory Panel shall
consist of not less than 9 members, of whom—

22

(A) one shall be appointed by the Chair-

23

man, in consultation with the Secretary and the

24

Director of the National Institute of Standards

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THRESHOLD.—The

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17
1

and Technology, and shall be designated as the

2

Chairman of the advisory panel;

3

(B) four shall be appointed by the Chair-

4

man, in consultation with the Secretary; and

5

(C) four shall be appointed by the Sec-

6

retary, in consultation with the Chairman and

7

the Director of the National Institute of Stand-

8

ards and Technology.

9

(3) ELIGIBILITY.—Individuals appointed to the

10

Advisory Panel established under paragraph (1)—

11

(A) may not be officers or employees of the

12

United States;

13

(B) if appointed under paragraph (2)(A),

14

shall possess expertise in election law, election

15

administration, or cybersecurity; and

16

(C) if appointed under subparagraph (B)

17

or (C) of paragraph (2), shall possess expertise

18

in cybersecurity.

19

(4) TERMS;

of the Advi-

20

sory Panel shall serve for a term set by the Commis-

21

sion. Any vacancy in the Advisory Panel shall be

22

filled in the same manner as the original appoint-

23

ment.

24

(5) COMPENSATION.—Members of the Advisory

25

Panel shall serve on the Advisory Panel without

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VACANCIES.—Members

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18
1

compensation, except that members of the Advisory

2

Panel may be allowed travel expenses, including per

3

diem in lieu of subsistence, at rates authorized for

4

employees of agencies under subchapter I of chapter

5

57 of title 5, United States Code, while away from

6

their homes or regular places of business in the per-

7

formance of services for the Advisory Panel.

8

(6) ADMINISTRATIVE

request of

9

the Advisory Panel, the Commission shall provide to

10

the Advisory Panel, on a reimbursable basis, the ad-

11

ministrative support services necessary for the Advi-

12

sory Panel to carry out its responsibilities under this

13

Act.

14

(b) GUIDELINES.—

15

(1) IN

GENERAL.—The

Advisory Panel shall de-

16

velop a set of guidelines for election cybersecurity,

17

including standards for procuring, maintaining, test-

18

ing, auditing, operating, and updating election sys-

19

tems.

20
21

(2) REQUIREMENTS.—In developing the guidelines, the Advisory Panel shall—

22

(A) identify the top risks to election sys-

23

tems;

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STAFF.—Upon

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19
1

(B)

describe

how

specific

technology

2

choices can increase or decrease those risks;

3

and

4

(C) provide recommended policies, best

5

practices, and overall security strategies for

6

identifying, protecting against, detecting, re-

7

sponding to, and recovering from the risks iden-

8

tified under subparagraph (A).

9

(c) GRANT PROGRAM.—The Advisory Panel shall as-

10 sist the Commission and the Department in carrying out
11 the grant program required under section 7 by—
12

(1) submitting recommendations to the Com-

13

mission about the grant program application proc-

14

ess;

15

(2) submitting recommendations, including rec-

16

ommended criteria, to the Commission for the grant

17

program review process;

18

(3) submitting recommendations, including rec-

19

ommended criteria, to the Commission for use of re-

20

maining grant funds;

21

(4) submitting recommendations, including rec-

22

ommended criteria, to the Commission for the in-

23

terim grant program for non-paper equipment re-

24

placement; and

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20
1

(5) providing any other assistance that the

2

Commission or the Department requests.

3

(d) VOTING SYSTEMS

AND

STATISTICAL AUDITS.—

4 The guidelines developed under subsection (b) shall in5 clude provisions regarding voting systems and statistical
6 audits for Federal elections, including that—
7
8

(1) each vote is cast using a voting system
that—

9

(A) would be eligible to be purchased

10

under section 7(f); and

11

(B) allows the voter an opportunity to in-

12

spect and confirm the marked ballot before

13

casting it (consistent with accessibility require-

14

ments); and

15

(2) each election result is determined by tab-

16

ulating marked ballots (by hand or device), and

17

prior to certification by a State of the election re-

18

sult, election agencies within the State inspect (by

19

hand and not by device) a random sample of the

20

marked ballots and thereby establish high statistical

21

confidence in the election result.

22

(e) ISSUES CONSIDERED.—

23

(1) IN

developing the guidelines

24

required under subsection (b), the Advisory Panel

25

shall consider—

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21
1

(A) applying established cybersecurity best

2

practices to Federal election administration by

3

States and local governments, including appro-

4

priate technologies, procedures, and personnel

5

for identifying, protecting against, detecting, re-

6

sponding to, and recovering from cybersecurity

7

events;

8

(B) mechanisms to verify that election sys-

9

tems accurately tabulate ballots, report results,

10

and identify a winner for each election for Fed-

11

eral office, even if there is an error or fault in

12

the voting system;

13

(C) specific types of election audits, includ-

14

ing procedures and shortcomings for such au-

15

dits;

16

(D) durational requirements needed to fa-

17

cilitate election audits prior to election certifi-

18

cation, including variations in the acceptance of

19

postal ballots, time allowed to cure provisional

20

ballots, and election certification deadlines;

21

(E) providing actionable guidance to elec-

22

tion agencies that have not applied for or re-

23

ceived grant funds under section 7, and to

24

agencies that seek to implement additional cy-

25

bersecurity protections;

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22
1

(F) how the guidelines could assist other

2

components of State and local governments;

3

and

4

(G) any other factors that the Advisory

5

Panel determines to be relevant.

6

(2) RELATIONSHIP

7

TEM

8

STANDARDS

9

GUIDANCE.—In

GUIDELINES

NATIONAL

TECHNOLOGY

INSTITUTE

OF

CYBERSECURITY

developing the guidelines required

10

under subsection (b), the Advisory Panel shall con-

11

sider—

12

(A) the voluntary voting system guidelines

13

developed by the Commission; and

14

(B) cybersecurity standards and best prac-

15

tices developed by the National Institute of

16

Standards and Technology, including frame-

17

works, consistent with section 2(c) of the Na-

18

tional Institute of Standards and Technology

19

Act (15 U.S.C. 272(c)).

20

(f) PUBLIC COMMENT.—The Advisory Panel shall—

21

(1) provide a reasonable opportunity for public

22

comment, including through Commission publication

23

in the Federal Register, on the guidelines required

24

under subsection (b), including a 45-day opportunity

25

for public comment on a draft of the guidelines be-

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AND

AND

TO VOLUNTARY VOTING SYS-

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23
1

fore they are submitted under subsection (i), which

2

shall, to the extent practicable, occur concurrently

3

with the other activities of the Advisory Panel under

4

this section; and

5

(2) consider the public comments in developing

6

the guidelines.

7

(g) CONSULTATION.—In developing the guidelines re-

8 quired under subsection (b), the Advisory Panel shall con9 sult with—
10

(1) the appropriate Federal entities;

11

(2) the Standards Board, Board of Advisors,

12

and Technical Guidelines Development Committee of

13

the Commission;

14

(3) the Federal Communications Commission;

15

(4) the Federal Trade Commission;

16

(5) the National Governors Association;

17

(6) the National Association of Secretaries of

18

State;

19
20

(7) the National Association of State Election
Directors;

21
22

(8) the National Association of Election Officials;

23

(9) the National Association of Counties;

24

(10) the National League of Cities;

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24
1
2

(11) the International Association of Government Officials;

3
4

(12) the Multi-State Information Sharing and
Analysis Center;

5

(13) the National Science Foundation; and

6

(14) any other interested entities that the Advi-

7

sory Panel determines are necessary to the develop-

8

ment of the guidelines.

9

(h) SUBMISSION

TO

COMMISSION.—Not later than

10 180 days after the date of enactment of this Act, the Advi11 sory Panel shall submit the guidelines required under sub12 section (b) to the Commission.
13

(i) SUBMISSION

TO

CONGRESS; MODIFICATION.—Not

14 later than 14 calendar days after the date on which the
15 Commission receives guidelines under subsection (h) or (l),
16 the Commission shall submit the guidelines to the appro17 priate congressional committees. The Commission may
18 modify the guidelines in advance of submission to Con19 gress if—
20

(1) the Commission determines that there is

21

good cause to modify the guidelines, consistent with

22

the considerations established in subsection (e) and

23

notwithstanding the recommendation of the Advisory

24

Panel; and

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25
1

(2) the Commission submits a written justifica-

2

tion of the modification to the Advisory Panel and

3

the appropriate congressional committees.

4

(j) DISTRIBUTION

TO

ELECTION AGENCIES.—The

5 Commission shall distribute the guidelines required under
6 subsection (b) to all election agencies known to the Com7 mission and the Department.
8

(k) PUBLICATION.—The Commission shall make the

9 guidelines required under subsection (b) available on the
10 public website of the Department.
11

(l) PERIODIC REVIEW.—Not later than January 31,

12 2019, and once every 2 years thereafter, the Advisory
13 Panel shall review and update the guidelines required
14 under subsection (b).
15

(m) RULE

OF

CONSTRUCTION.—Nothing in this sec-

16 tion shall be construed to subject the process for devel17 oping the guidelines required under subsection (b) to sub18 chapter II of chapter 5, and chapter 7, of title 5, United
19 States Code (commonly known as the ‘‘Administrative
20 Procedure Act’’).
21

(n) CONFORMING AMENDMENT.—Section 202 of the

22 Help America Vote Act of 2002 (52 U.S.C. 20921) is
23 amended by striking ‘‘and’’ at the end of paragraph (5),
24 by striking the period at the end of paragraph (6) and

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26
1 inserting ‘‘; and’’, and by adding at the end the following
2 new paragraph:
3

‘‘(7) establishing the advisory panel of inde-

4

pendent experts on election cybersecurity under sec-

5

tion 5(a)(1) of the Secure Elections Act.’’.

6

SEC. 6. REPORTS TO CONGRESS.

7
8

(a) REPORTS

FOREIGN THREATS

TO

ELEC-

TIONS.—

9

(1) IN

GENERAL.—Not

later than 30 days after

10

the date of enactment of this Act, and 30 days after

11

the end of each fiscal year thereafter, the Secretary

12

and the Director of National Intelligence, in coordi-

13

nation with the heads of the appropriate Federal en-

14

tities, shall submit a joint report to the appropriate

15

congressional committees on foreign threats to elec-

16

tions in the United States, including physical and

17

cybersecurity threats.

18

(2) VOLUNTARY

PARTICIPATION BY STATES.—

19

The Secretary shall solicit and consider comments

20

from all State election agencies. Participation by an

21

election agency in the report under this subsection

22

shall be voluntary and at the discretion of the State.

23

(b) REPORTS ON GRANT PROGRAM.—

24
25

(1) IN

11:48 Aug 10, 2018

GENERAL.—Not

later than 2 years after

the date of enactment of this Act, and, subject to

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ON

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27
1

paragraph (2), every 4 years thereafter, the Comp-

2

troller General of the United States shall submit a

3

report to the appropriate congressional committees

4

on the grant program established under section 7,

5

including how grant funds have been distributed and

6

used to implement the guidelines required under sec-

7

tion 5(b).

8

(2) SUNSET.—If the Comptroller General deter-

9

mines that over 90 percent of the funds appro-

10

priated under section 7(h)(1) have been expended by

11

the States, the reporting requirement in paragraph

12

(1) shall cease to be effective after the Comptroller

13

General submits a final report.

14

SEC. 7. STATE ELECTION SYSTEM CYBERSECURITY AND

15
16

MODERNIZATION GRANTS.

(a) AUTHORITY.—

17
18

(1) IN

Commission shall award

grants in accordance with this section.

19

(2) COORDINATION.—

20

(A) IN

GENERAL.—The

Commission shall

21

coordinate with the Secretary in carrying out

22

this section.

23

(B) JOINT

PROGRAM.—If

the Chairman

24

determines that jointly carrying out this section

25

with the Secretary would increase State partici-

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GENERAL.—The

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28
1

pation and cybersecurity preparedness, the

2

Chairman shall—

3

(i) submit notice of the determination

4

to the Committee on Homeland Security

5

and Governmental Affairs and the Com-

6

mittee on Rules and Administration of the

7

Senate and the Committee on Homeland

8

Security and the Committee on House Ad-

9

ministration of the House of Representa-

10

tives; and

11

(ii) enter into a Memorandum of Un-

12

derstanding with the Secretary to carry

13

out the grant program.

14

(b)

CYBERSECURITY

AND

MODERNIZATION

15 GRANTS.—
16

(1) APPLICATION

17

(A)

18

GENERAL.—The

Commission

shall—

19

(i) establish a process for States to

20

apply for election system cybersecurity and

21

modernization grants;

22

(ii) in establishing the application

23

process, consider the recommendations of

24

the Advisory Panel under section 5(c); and

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IN

PROCESS.—

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29
1

(iii) ensure that the application proc-

2

ess requires that a State seeking a grant

3

provide a detailed explanation of how elec-

4

tion agencies within the State will imple-

5

ment the guidelines established under sec-

6

tion 5(b).

7

(B) REVIEW.—The Commission—

8

(i) shall fund a State application sub-

9

mitted under subparagraph (A) if the

10

Commission determines that—

11

(I) the election agencies within

12

the State will likely implement the

13

guidelines established under section

14

5(b);

15

(II) with respect to the guidelines

16

related to statistical audits, consistent

17

with section 5(d), the State will com-

18

plete a statewide pilot program during

19

a biennial Federal general election not

20

later than 2022; and

21

(III) the State will match at least

22

ten percent of the total grant alloca-

23

tion for election cybersecurity im-

24

provements; and

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30
1

(ii) in reviewing a State application,

2

shall consider the recommendations and

3

criteria of the Advisory Panel under sec-

4

tion 5(c).

5

(C) STATE

6

(i) IN

GENERAL.—A

State receiving a

7

grant under this subsection may adopt any

8

reasonable implementation of the guide-

9

lines established under section 5(b).

10

(ii)

INCONSISTENCY

WITH

STATE

11

LAW.—If

12

would be inconsistent with State law, the

13

State shall—

implementation of the guidelines

14

(I) identify in the application of

15

the State the legal issue and the

16

guidelines that the State cannot im-

17

plement;

18

(II) specify in the application of

19

the State the amount of grant funds

20

that the State would spend imple-

21

menting those guidelines if the law

22

were not inconsistent; and

23

(III) not spend the amount of

24

grant funds specified under subclause

25

(II) until the legal issue is resolved.

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IMPLEMENTATION.—

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31
1

(D) PROTECTION

2

TION.—The

3

under this paragraph shall not require a State

4

to disclose the personal information of any

5

voter.

6

(2) USE

7

application

process

established

OF FUNDS.—

(A) IN

GENERAL.—Except

as provided in

8

subparagraph (B), a State receiving a grant

9

under this subsection shall use the funds re-

10

ceived under the grant to implement the guide-

11

lines established under section 5(b).

12

(B) REMAINING

FUNDS.—A

State may use

13

funds from a grant under this subsection to im-

14

prove, upgrade, or acquire hardware, software,

15

or services for the purposes of improving ad-

16

ministration of Federal elections, consistent

17

with the guidelines established under section

18

5(b), if—

19

(i) the State election official submits a

20

written certification to the Commission

21

that the election agencies within the State

22

have implemented the guidelines estab-

23

lished under section 5(b); and

24

(ii) the Commission, after consider-

25

ation of the recommendations and criteria

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OF PERSONAL INFORMA-

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32
1

of the Advisory Panel under section 5(c),

2

approves the use of funds.

3

(3) LIMITATION

4

(A) IN

GENERAL.—Subject

to subpara-

5

graph (C), the amount of funds provided to a

6

State under a grant under this subsection shall

7

be equal to the product obtained by multi-

8

plying—

9

(i) the total amount appropriated for

10

grants pursuant to the authorization under

11

subsection (h) reduced by the amounts de-

12

scribed in subsections (d)(6) and (e)(5); by

13

(ii) the State allocation percentage for

14

the State (as determined under paragraph

15

(2)).

16

(B) STATE

ALLOCATION PERCENTAGE.—

17

The State allocation percentage for a State is

18

the amount (expressed as a percentage) equal

19

to the quotient obtained by dividing—

20

(i) the total voting age population of

21

all States (as reported in the most recent

22

decennial census); by

23

(ii) the voting age population of the

24

State (as reported in the most recent de-

25

cennial census).

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ON AMOUNT OF GRANTS.—

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33
1

(C) MINIMUM

2

amount determined under this subsection may

3

not be less than—

4

(i) in the case of any of the several

5

States or the District of Columbia, 0.5

6

percent of the total amount appropriated

7

for grants under this section; or

8

(ii) in the case of the Commonwealth

9

of Puerto Rico, Guam, American Samoa,

10

the Commonwealth of Northern Mariana

11

Islands, or the United States Virgin Is-

12

lands, 0.1 percent of such total amount.

13

(D) PRO

RATA REDUCTIONS.—The

Com-

14

mission shall make such pro rata reductions to

15

the allocations determined under subparagraph

16

(A) as are necessary to comply with the require-

17

ments of subparagraph (C).

18

(4) GRANTS

FOR LOCAL JURISDICTIONS.—

19

(A) ELIGIBILITY.—If a State notifies the

20

Commission that it will not apply for election

21

system cybersecurity and modernization grants

22

under this subsection, the Commission shall

23

award grants to election agencies within the

24

State.

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AMOUNT OF PAYMENT.—The

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34
1

(B) APPLICATION

Com-

2

mission shall establish a process for election

3

agencies that are eligible under subparagraph

4

(A) to apply for election system cybersecurity

5

and modernization grants, consistent with the

6

application process for States established under

7

paragraph (1).

8

(C) USE

OF FUNDS.—An

election agency

9

that receives a grant under this subsection is

10

subject to the use of funds restrictions in para-

11

graph (2).

12

(D) LIMITATION

ON AMOUNT OF GRANT.—

13

The amount of funds provided to an election

14

agency under a grant under this subsection

15

shall be equal to the amount obtained by multi-

16

plying the amount available to the State under

17

paragraph (3) by the quotient obtained by di-

18

viding—

19

(i) the voting age population of the

20

State (as reported in the most recent de-

21

cennial census) who would cast their bal-

22

lots in a Federal election using voting sys-

23

tems operated by the election agency

24

(under current State law); by

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PROCESS.—The

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35
1

(ii) the voting age population of the

2

State (as reported in the most recent de-

3

cennial census).

4
5

(c) INTERIM GRANT PROGRAM

ELECTION PRE-

PAREDNESS.—

6

(1) IN

GENERAL.—The

Commission, in con-

7

sultation with the Secretary, shall award a grant to

8

an election agency, regardless of State submission of

9

an application under subsection (b)(1)(A), that—

10

(A) receives a ‘‘cyber hygiene’’ scan, a risk

11

and vulnerability assessment, or a similar cy-

12

bersecurity evaluation by the Department or a

13

contractor approved by the Department; and

14

(B) not later than November 6, 2018, sub-

15

mits to the Commission and the Department—

16

(i) the results of the evaluation de-

17

scribed in subparagraph (A);

18

(ii) a plan for rapidly remediating the

19

vulnerabilities identified by the evaluation,

20

including specific expenditures; and

21

(iii) in the case of an application by

22

any election agency of a political subdivi-

23

sion of a State, a certification of approval

24

from the State election agency.

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36
1

(2)

FOR

LOCAL

GOVERN-

2

MENTS.—A

3

some or all other election agencies within the State

4

to apply for interim grants under paragraph (1). If

5

the amount available under paragraph (5) is not suf-

6

ficient to fund the applications received from election

7

agencies within the State, the State election agency

8

may establish a priority order for funding applica-

9

tions.

10

State election agency may authorize

(3) USE

OF FUNDS.—An

election agency that

11

receives a grant under paragraph (1) shall only use

12

the funds received under the grant to implement the

13

remediation

14

(1)(B)(ii).

15

plan

submitted

(4) UNAVAILABILITY

under

paragraph

OF DEPARTMENT SERV-

16

ICES.—If

17

by the Department consistent with paragraph

18

(1)(A), and the Department is not able to provide

19

the evaluation during the 30-calendar-day period fol-

20

lowing the request, the agency may—

21

an election agency requests an evaluation

(A) procure a reasonably equivalent eval-

22

uation from a private-sector entity; and

23

(B) use funds received from a grant under

24

paragraph (1) as reimbursement for the cost of

25

the evaluation.

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PRIORITIZATION

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37
1

(5) LIMITATION

ON AMOUNT OF GRANT; CO-

2

ORDINATION

3

ERNIZATION GRANTS.—

WITH

CYBERSECURITY

AND

MOD-

4

(A) LIMITATION.—The aggregate amount

5

of grants under this subsection to all election

6

agencies in a State shall not exceed 10 percent

7

of the limitation with respect to such State

8

under subsection (b)(3).

9

(B) COORDINATION

WITH CYBERSECURITY

10

AND MODERNIZATION GRANTS.—The

11

under subsection (b)(3) for purposes of grants

12

under subsection (b) to a State shall be reduced

13

by the amount of grants provided under this

14

subsection to election agencies within the State,

15

less any unused amount returned to the De-

16

partment.

17

(d) INTERIM GRANT PROGRAM

FOR

amount

NON-PAPER

18 EQUIPMENT REPLACEMENT.—
19

(1) IN

Commission shall award

20

grants to States designated under paragraph (2) for

21

the purpose of replacing voting systems that would

22

not be eligible for purchase under subsection (f).

23

(2) ELIGIBILITY.—Not later than 60 days after

24

the date of enactment of this Act, the Commission

25

shall develop a list of States in which 10 percent or

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GENERAL.—The

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38
1

more of votes in the first Federal election occurring

2

after the date of enactment of this Act are expected

3

to be cast using voting systems that would not be el-

4

igible for purchase under subsection (f), and shall

5

submit the list to the appropriate congressional com-

6

mittees.

7
8

(3) APPLICATION

Commission

shall—

9

(A) establish an application process for

10

States designated under paragraph (2) to apply

11

for grants under this subsection; and

12

(B) consider the recommendations of the

13

Advisory Panel under section 5(c) in estab-

14

lishing the application process; and ensure that

15

a State applying for a grant submits—

16

(i) an inventory of voting systems in

17

the State that would not be eligible for

18

purchase under subsection (f);

19

(ii) a plan to expeditiously replace

20

those voting systems; and

21

(iii) a commitment to State funding

22

for replacements that is at least equivalent

23

to the grant amount.

24

(4) REVIEW.—The Commission—

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39
1

(A) shall fund a State application if the

2

Commission determines that the State will like-

3

ly replace the voting systems that would not be

4

eligible for purchase under subsection (f); and

5

(B) in reviewing a State application, shall

6

consider the recommendations and criteria of

7

the Advisory Panel under section 5(c).

8

(5) USE

State election agency

9

that receives funds under paragraph (1) shall only

10

use the funds to replace voting systems that would

11

not be eligible for purchase under subsection (f).

12
13

(6) LIMITATIONS;

COORDINATION WITH CYBER-

SECURITY AND MODERNIZATION GRANTS.—

14

(A) LIMITATIONS.—Of the total amount

15

authorized to be appropriated under subsection

16

(h), $186,000,000 shall be used for grants

17

awarded under this subsection.

18

(B) FORMULA

FOR GRANT AMOUNTS.—

19

The grant amount made available to each State

20

shall be set according to the proportional for-

21

mula described in subsection (b)(3), as applied

22

to the list of States designated under paragraph

23

(2) and the number of votes cast in those

24

States using voting systems that would not be

25

eligible for purchase under subsection (f).

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OF FUNDS.—A

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40
1

(C) COORDINATION

2

AND

3

retary determines that no additional State will

4

receive a grant under this paragraph, the Sec-

5

retary shall reallocate any amounts remaining

6

under subparagraph (A) to the cybersecurity

7

and modernization grant program under sub-

8

section (b).

9

(7) GRANTS

MODERNIZATION

GRANTS.—If

the Sec-

FOR LOCAL JURISDICTIONS.—

10

(A) ELIGIBILITY.—If a State designated

11

under paragraph (2) notifies the Commission

12

that it will not apply for grants under this sub-

13

section, the Commission shall award grants to

14

election agencies within such State.

15

(B) APPLICATION

PROCESS.—The

Com-

16

mission shall establish a process for election

17

agencies that are eligible under subparagraph

18

(A) to apply for grants under this subsection,

19

consistent with the application process for

20

States established under paragraph (3).

21

(C) REVIEW.—The Commission shall re-

22

view applications of election agencies under this

23

paragraph in a similar manner to the manner

24

required for applications by States under para-

25

graph (4).

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WITH CYBERSECURITY

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41
1

(D) USE

election agency

2

that receives a grant under this subsection is

3

subject to the use of funds restrictions in para-

4

graph (5).

5

(E) LIMITATION

ON AMOUNT OF GRANT.—

6

The amount of funds provided to an election

7

agency under a grant under this subsection

8

shall be equal to the amount obtained by multi-

9

plying the amount available to the State under

10

paragraph (6)(B) by the quotient obtained by

11

dividing—

12

(i) the voting age population of the

13

State (as reported in the most recent de-

14

cennial census) who would cast their bal-

15

lots in a Federal election using voting sys-

16

tems that are operated by the election

17

agency (under current State law) and that

18

would not be eligible for purchase under

19

subsection (f); by

20

(ii) the voting age population of the

21

State (as reported in the most recent de-

22

cennial census) who would cast their bal-

23

lots in a Federal election using voting sys-

24

tems that would not be eligible for pur-

25

chase under subsection (f).

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August 10, 2018 (11:48 a.m.)
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OF FUNDS.—An

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42
1
2

(e) FINANCIAL ASSISTANCE

AUDITING EX-

PENSES.—

3

(1) IN

GENERAL.—The

Commission shall award

4

grants to reimburse States that conduct statistical

5

audits of a proportionally large number of ballots in

6

close Federal elections if the statistical audit—

7

(A) is consistent with the guidelines estab-

8

lished under section 5(b); and

9

(B) includes the inspection (by hand and

10

not by device) of an amount of paper ballots in

11

excess of 5 percent of the voting age population

12

within the State (in the case of national or

13

statewide office) or district covered by the elec-

14

tion.

15

(2) APPLICATIONS

16

(A) IN

PROCESS.—

GENERAL.—A

State seeking a

17

grant under this subsection shall submit an ap-

18

plication in such form and manner and at such

19

time as the Commission may require.

20

(B) LOCAL

GOVERNMENTS.—A

State elec-

21

tion agency may authorize some or all other

22

election agencies within the State to apply for

23

grants under paragraph (1). The Commission

24

shall establish rules for the application of para-

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43
1

graphs (3) and (4)(B) to agencies requesting

2

grants under this subparagraph.

3

(3) LIMITATION

4

amount of funds provided under a grant under this

5

subsection shall be equal to the cost of the statistical

6

audit, less the cost of inspecting (by hand and not

7

by device) a number of ballots equal to 5 percent

8

of—

9

(A) in the case of an election for a national

10

or statewide office, the voting age population

11

within the State; or

12

(B) in the case of an election for any other

13

office, the voting age population within the dis-

14

trict covered by the election.

15

(4) TIMING;

16

(A) IN

DISTRIBUTION.—
GENERAL.—The

Commission shall

17

award grants under this subsection on January

18

31, 2019, and every 2 years thereafter.

19

(B) INSUFFICIENT

FUNDS.—If

the amount

20

appropriated for carrying out this subsection is

21

insufficient to fund the grants, the Commission

22

shall fund such grants according to the propor-

23

tional formula described in subsection (b)(3), as

24

applied to the States seeking grants under this

25

subsection and the number of marked paper

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ON AMOUNT OF GRANTS.—The

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44
1

ballots that were inspected by hand in excess of

2

5 percent of the voting age population within

3

the State (in the case of national or statewide

4

office) or district covered by the election.

5

(5) LIMITATION.—Of the total amount author-

6

ized to be appropriated under subsection (h),

7

$5,000,000 shall be used for grants under this sub-

8

section.

9

(f) PROHIBITION ON USE FOR CERTAIN VOTING SYS-

10

TEMS.—

11

(1) IN

GENERAL.—Funds

received under a

12

grant under this section may not be used for any

13

voting system that records each vote in electronic

14

storage, unless the system is an optical scanner that

15

reads paper ballots.

16

(2) ELECTRONIC

USER INTERFACES.—Funds

17

received under a grant under this section may be

18

used for a voting system with an electronic user

19

interface provided that the voting system is con-

20

sistent with clause (i).

21

(g) CONTRACTING ASSISTANCE.—Not later than 90

22 days after the date of enactment of this Act, the Adminis23 trator of General Services, in consultation with the Direc24 tor of the National Institute of Standards and Technology,

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45
1 shall take such actions as may be necessary through com2 petitive processes—
3

(1) to qualify a set of private sector entities

4

that are capable of assisting States with identifying,

5

protecting against, detecting, responding to, and re-

6

covering

7

threats, and vulnerabilities;

election

cybersecurity

incidents,

8

(2) to establish contract vehicles to enable

9

States to access the services of 1 or more of the pri-

10

vate sector organizations after receiving amounts

11

under a grant under this section;

12

(3) to ensure that the contract vehicles permit

13

individual States to augment Federal funds with

14

funding otherwise available to the States; and

15

(4) to provide a list of qualified entities to the

16

Chairman and Secretary in order to ensure it is

17

readily available to State election officials.

18

(h) AUTHORIZATION OF APPROPRIATIONS.—

19

(1) IN

GENERAL.—There

is authorized to be

20

appropriated to the Commission $386,000,000 to

21

carry out this section for fiscal year 2018.

22

(2) AVAILABILITY.—Any amounts appropriated

23

pursuant to paragraph (1) shall remain available

24

without fiscal year limitation until expended.

25

(3) FUNDING

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from

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46
1

(A) DEFINITIONS.—In this paragraph—

2

(i) the terms ‘‘agency’’, ‘‘closeout’’,

3

and ‘‘Federal grant award’’ have the

4

meanings given those terms in section 2 of

5

the Grants Oversight and New Efficiency

6

Act (Public Law 114–117; 130 Stat. 6);

7

and

8

(ii) the term ‘‘Director’’ means the

9

Director of the Office of Management and

10

Budget.

11

(B)

OF

EXPIRED

AND

12

UNDISBURSED

13

than 1 year after the date of enactment of this

14

Act, the Director shall promulgate procedures

15

requiring the head of each agency to promptly

16

conduct a closeout of each Federal grant award.

17

FEDERAL

(C) RELATED

GRANTS.—Not

REPORTS.—In

later

promulgating

18

the procedures required under subparagraph

19

(B), the Director shall consider the rec-

20

ommendations and data in the reports required

21

to be submitted under section 2 of the Grants

22

Oversight and New Efficiency Act (Public Law

23

114–117; 130 Stat. 6) and section 530 of the

24

Commerce, Justice, Science, and Related Agen-

g:\VHLC\081018\081018.009.xml
August 10, 2018 (11:48 a.m.)
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CLOSEOUT

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47
1

cies Appropriations Act, 2016 (Public Law

2

114–113; 129 Stat. 2329), and similar reports.

3

(D) EXPIRATION.—The procedures re-

4

quired under subparagraph (B) shall expire 4

5

years after the date on which the procedures

6

are promulgated.

7

(i) CONFORMING AMENDMENT.—Section 202(7) of

8 the Help America Vote Act of 2002 (52 U.S.C. 20921),
9 as amended by section 5, is amended by inserting ‘‘and
10 carrying out the grant programs under section 7 of such
11 Act’’ after ‘‘Secure Elections Act’’.

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