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Code · BILL · 115th Congress · H.R. 5011 (Introduced in House) — To protect elections for public office by providing financial support and enhanced security for the infrastructure us... · Sec. 101

Sec. 101. Voting system security grants

1,149 words·~5 min read·/bill/115/hr/5011/ih/section-101·

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Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq.) is amended by adding at the end the following new part: The Commission shall make a grant to each eligible State— to replace voting systems which are not qualified paper ballot voting systems with voting systems which are qualified paper ballot voting systems, for use in the regularly scheduled general elections for Federal office held in November 2018, in accordance with section 297A; and to carry out voting system security improvements described in section 297B with respect to the regularly scheduled general elections for Federal office held in November 2018 and each succeeding election for Federal office.
The amount of a grant made to a State under this section shall be such amount as the Commission determines to be appropriate, except that such amount may not be less than the product of $1 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 State. 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 (b), 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 States.
A State may use a grant under this part— to replace a voting system which is not a qualified paper ballot voting systems with a qualified paper ballot voting system; or to replace a qualified paper voting system 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 2018 with another qualified paper voting system which is in compliance with such guidelines.
In this part, a qualified paper ballot voting system is a voting system which requires the use of an individual, durable, paper ballot marked by the voter by hand. A voting system used by individuals with disabilities, and others, may be treated as a qualified paper ballot voting system for purposes of this part if the system provides an individual with an equivalent opportunity, including with privacy and independence, to vote in a manner that produces a paper ballot of the vote as for other voters.
A voting system security improvement described in this section is any of the following: The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. Cyber and risk mitigation training. 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 provider.
The maintenance of election infrastructure, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), 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 office. 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 infrastructure.
Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). Enhancing the cybersecurity of voter registration systems. For purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure on behalf of a State, unit of local government, or election agency (as defined in section 401 of the Election Security Act) who meets the criteria described in paragraph (2).
The criteria described in this paragraph are such criteria as the Chairman, in coordination with the Secretary of Homeland Security, shall establish and publish, and shall include each of the following requirements: The vendor must be owned and controlled by a citizen or permanent resident of the United States. The vendor must disclose to the Chairman and the Secretary, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under this part, of any sourcing outside the United States for parts of the election infrastructure.
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 provided by the Chairman in coordination with the Secretary. The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices provided by the Chairman in coordination with the Secretary. The vendor agrees to report any known or suspected security incidents involving election infrastructure to the chief State election official of the State involved or the official’s designee, the Chairman, and the Secretary.
A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— a description of how the State will use the grant to carry out the activities authorized under this part; a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out risk-limiting audits of the results of elections for Federal office held in the State, as described in section 298(b); and such other information and assurances as the Commission may require.
Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the appropriate congressional committees, including the Committees on Homeland Security and House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. There are authorized to be appropriated for grants under this part— $1,000,000,000 for fiscal year 2018; and $175,000,000 for each of the fiscal years 2019, 2021, 2023, and 2025.
Any amounts appropriated pursuant to the authorization of this section shall remain available until expended. . 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 following: Part 7—Grants for Obtaining Paper Ballot Voting Systems and Carrying Out Voting System Improvements Sec. 297. Grants for obtaining paper ballot voting systems and carrying out voting system security improvements. Sec. 297A. Qualified paper ballot voting systems.
Sec. 297B. Voting system security improvements described. Sec. 297C. Eligibility of States. Sec. 297D. Reports to Congress. Sec. 297E. Authorization of appropriations.
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Voting system security grants
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