S.Amdt. 2427

SA 2427. Mr. LANKFORD (for himself, Ms. Klobuchar, Ms. Collins, Ms.
Harris, Mr. Burr, Mr. Warner, Mr. Graham, and Mr. Heinrich) submitted
an amendment intended to be proposed to amendment SA 2282 submitted by
Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to
the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle __--Election Security

SEC. ____1. SHORT TITLE.

This subtitle may be cited as the ``Secure Elections Act''.

SEC. ___2. DEFINITIONS.

In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Rules and Administration, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Committee on
Appropriations, the Select Committee on Intelligence, the
majority leader, and the minority leader of the Senate; and
(B) the Committee on House Administration, the Committee on
Armed Services, the Committee on Homeland Security, the
Committee on Appropriations, the Permanent Select Committee
on Intelligence, the Speaker, and the minority leader of the
House of Representatives.
(2) Appropriate federal entities.--The term ``appropriate
Federal entities'' means--
(A) the Department of Commerce, including the National
Institute of Standards and Technology;
(B) the Department of Defense;
(C) the Department, including the component of the
Department that reports to the Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department;
(D) the Department of Justice, including the Federal Bureau
of Investigation;
(E) the Commission; and
(F) the Office of the Director of National Intelligence,
the National Security Agency, and such other elements of the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) as the
Director of National Intelligence determines are appropriate.
(3) Chairman.--The term ``Chairman'' means the Chairman of
the Election Assistance Commission.
(4) Commission.--The term ``Commission'' means the Election
Assistance Commission.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Election agency.--The term ``election agency'' means
any component of a State or any component of a county,
municipality, or other subdivision of a State that is
responsible for administering Federal elections.
(7) Election cybersecurity incident.--The term ``election
cybersecurity incident'' means any incident involving an
election system.
(8) Election cybersecurity threat.--The term ``election
cybersecurity threat'' means any cybersecurity threat (as
defined in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501)) to an election system.
(9) Election cybersecurity vulnerability.--The term
``election cybersecurity vulnerability'' means any security
vulnerability (as defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501)) that affects
an election system.
(10) Election service provider.--The term ``election
service provider'' means any person providing, supporting, or
maintaining an election system on behalf of an election
agency, such as a contractor or vendor.
(11) Election system.--The term ``election system'' means a
voting system, an election management system, a voter
registration website or database, an electronic pollbook, a
system for tabulating or reporting election results, an
election agency communications system, or any other
information system (as defined in section 3502 of title 44,
United States Code) that the Secretary identifies as central
to the management, support, or administration of a Federal
election.
(12) Federal election.--The term ``Federal election'' means
any election (as defined in section 301(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(1)) for
Federal office (as defined in section 301(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(3)).
(13) Federal entity.--The term ``Federal entity'' means any
agency (as defined in section 551 of title 5, United States
Code).
(14) Incident.--The term ``incident'' has the meaning given
the term in section 227(a) of the Homeland Security Act of
2002 (6 U.S.C. 148(a)).
(15) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(16) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of Northern Mariana Islands, and the United
States Virgin Islands.
(17) State election official.--The term ``State election
official'' means--
(A) the chief State election official of a State designated
under section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509); or
(B) in the Commonwealth of Puerto Rico, Guam, American
Samoa, the Commonwealth of Northern Mariana Islands, and the
United States Virgin Islands, a chief State election official
designated by the State for purposes of this Act.
(18) State law enforcement officer.--The term ``State law
enforcement officer'' means the head of a State law
enforcement agency, such as an attorney general.
(19) Voting system.--The term ``voting system'' has the
meaning given the term in section 301(b) of the Help America
Vote Act of 2002 (52 U.S.C. 21081(b)).

SEC. ____3. INFORMATION SHARING.

(a) Designation of Responsible Federal Entity.--The
Secretary shall have primary responsibility within the
Federal Government for sharing information about election
cybersecurity incidents, threats, and vulnerabilities with
Federal entities and with election agencies.
(b) Presumption of Federal Information Sharing to the
Department.--If a Federal entity receives information about
an election cybersecurity incident, threat, or vulnerability,
the Federal entity shall promptly share that information with
the Department, unless the head of the entity (or a Senate-
confirmed official designated by the head) makes a specific
determination in writing that there is good cause to withhold
the particular information.
(c) Presumption of Federal and State Information Sharing
From the Department.--If the Department receives information
about an election cybersecurity incident, threat, or
vulnerability, the Department shall promptly share that
information with--
(1) the appropriate Federal entities;
(2) all State election agencies;
(3) to the maximum extent practicable, all election
agencies that have requested ongoing updates on election
cybersecurity incidents, threats, or vulnerabilities; and
(4) to the maximum extent practicable, all election
agencies that may be affected by the risks associated with
the particular election cybersecurity incident, threat, or
vulnerability.
(d) Technical Resources for Election Agencies.--In sharing
information about election cybersecurity incidents, threats,
and vulnerabilities with election agencies under this
section, the Department shall, to the maximum extent
practicable--
(1) provide cyber threat indicators and defensive measures
(as such terms are defined in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501)), such as recommended technical instructions, that
assist with preventing, mitigating, and detecting threats or
vulnerabilities;
(2) identify resources available for protecting against,
detecting, responding to, and recovering from associated
risks, including technical capabilities of the Department;
and
(3) provide guidance about further sharing of the
information.
(e) Declassification Review.--If the Department receives
classified information about an election cybersecurity
incident, threat, or vulnerability--
(1) the Secretary shall promptly submit a request for
expedited declassification review to the head of a Federal
entity with authority to conduct the review, consistent with
Executive Order 13526 or any successor order, unless the
Secretary determines that such a

[[Page S3330]]

request would be harmful to national security; and
(2) the head of the Federal entity described in paragraph
(1) shall promptly conduct the review.
(f) Role of Non-Federal Entities.--The Department may share
information about election cybersecurity incidents, threats,
and vulnerabilities through a non-Federal entity.
(g) Protection of Personal and Confidential Information.--
(1) In general.--If a Federal entity shares information
relating to an election cybersecurity incident, threat, or
vulnerability, the Federal entity shall, within Federal
information systems (as defined in section 3502 of title 44,
United States Code) of the entity--
(A) minimize the acquisition, use, and disclosure of
personal information of voters, except as necessary to
identify, protect against, detect, respond to, or recover
from election cybersecurity incidents, threats, and
vulnerabilities;
(B) notwithstanding any other provision of law, prohibit
the retention of personal information of voters, such as--
(i) voter registration information, including physical
address, email address, and telephone number;
(ii) political party affiliation or registration
information; and
(iii) voter history, including registration status or
election participation; and
(C) protect confidential Federal and State information from
unauthorized disclosure.
(2) Exemption from disclosure.--Information relating to an
election cybersecurity incident, threat, or vulnerability,
such as personally identifiable information of reporting
persons or individuals affected by such incident, threat, or
vulnerability, shared by or with the Federal Government shall
be--
(A) deemed voluntarily shared information and exempt from
disclosure under section 552 of title 5, United States Code,
and any State, tribal, or local provision of law requiring
disclosure of information or records; and
(B) withheld, without discretion, from the public under
section 552(b)(3)(B) of title 5, United States Code, and any
State, tribal, or local provision of law requiring disclosure
of information or records.
(h) Duty To Assess Possible Cybersecurity Incidents.--
(1) Election agencies.--If an election agency becomes aware
of the possibility of an election cybersecurity incident, the
election agency shall promptly assess whether an election
cybersecurity incident occurred and notify the State election
official.
(2) Election service providers.--If an election service
provider becomes aware of the possibility of an election
cybersecurity incident, the election service provider shall
promptly assess whether an election cybersecurity incident
occurred and notify the relevant election agencies consistent
with subsection (j).
(i) Information Sharing About Cybersecurity Incidents by
Election Agencies.--If an election agency has reason to
believe that an election cybersecurity incident has occurred
with respect to an election system owned, operated, or
maintained by or on behalf of the election agency, the
election agency shall, in the most expedient time possible
and without unreasonable delay, provide notification of the
election cybersecurity incident to the Department.
(j) Information Sharing About Cybersecurity Incidents by
Election Service Providers.--If an election service provider
has reason to believe that an election cybersecurity incident
may have occurred, or that an incident related to the role of
the provider as an election service provider may have
occurred, the election service provider shall--
(1) notify the relevant election agencies in the most
expedient time possible and without unreasonable delay; and
(2) cooperate with the election agencies in providing the
notifications required under subsections (h)(1) and (i).
(k) Content of Notification by Election Agencies.--The
notifications required under subsections (h)(1) and (i)--
(1) shall include an initial assessment of--
(A) the date, time, and duration of the election
cybersecurity incident;
(B) the circumstances of the election cybersecurity
incident, including the specific election systems believed to
have been accessed and information acquired; and
(C) planned and implemented technical measures to respond
to and recover from the incident; and
(2) shall be updated with additional material information,
including technical data, as it becomes available.
(l) Security Clearance.--Not later than 30 days after the
date of enactment of this Act, the Secretary--
(1) shall establish an expedited process for providing
appropriate security clearance to State election officials
and designated technical personnel employed by State election
agencies;
(2) shall establish an expedited process for providing
appropriate security clearance to members of the Commission
and designated technical personnel employed by the
Commission; and
(3) shall establish a process for providing appropriate
security clearance to personnel at other election agencies.
(m) Protection From Liability.--Nothing in this subtitle
may be construed to provide a cause of action against a
State, unit of local government, or an election service
provider.
(n) Assessment of Inter-state Information Sharing About
Election Cybersecurity.--
(1) In general.--The Secretary and the Chairman, in
coordination with the heads of the appropriate Federal
entities and appropriate officials of State and local
governments, shall conduct an assessment of--
(A) the structure and functioning of the Multi-State
Information Sharing and Analysis Center for purposes of
election cybersecurity; and
(B) other mechanisms for inter-state information sharing
about election cybersecurity.
(2) Comment from election agencies.--In carrying out the
assessment required under paragraph (1), the Secretary and
the Chairman shall solicit and consider comments from all
State election agencies.
(3) Distribution.--The Secretary and the Chairman shall
jointly issue the assessment required under paragraph (1)
to--
(A) all election agencies known to the Department and the
Commission; and
(B) the appropriate congressional committees.
(o) Congressional Notification.--
(1) In general.--If an appropriate Federal entity has
reason to believe that a significant election cybersecurity
incident has occurred, the entity shall--
(A) not later than 7 calendar days after the date on which
there is a reasonable basis to conclude that the significant
incident has occurred, provide notification of the incident
to the appropriate congressional committees; and
(B) update the initial notification under paragraph (1)
within a reasonable period of time after additional
information relating to the incident is discovered.
(2) Reporting threshold.--The Secretary shall--
(A) promulgate a uniform definition of a ``significant
election cybersecurity incident''; and
(B) shall submit the definition promulgated under
subparagraph (A) to the appropriate congressional committees.

SEC. ____4. ELECTION SECURITY AND ELECTION AUDIT GUIDELINES.

(a) Development by Technical Advisory Board.--
(1) In general.--
(A) Additional duties.--Section 221(b)(1) of the Help
America Vote Act of 2002 (52 U.S.C. 20961(b)(2)) is amended
by striking ``in the development of the voluntary voting
system guidelines'' and inserting ``in the development of--
``(A) the voluntary voting system guidelines;
``(B) the election security guidelines in accordance with
paragraph (3); and
``(C) the election audit guidelines in accordance with
paragraph (4).''.
(B) Conforming amendments.--Sections 202(1) and 207(3) of
the Help America Vote Act of 2002 (52 U.S.C. 20922(1) and
20927(3)) are each amended by striking ``voting system''.
(2) Additional membership and renaming of technical
guidelines development committee.--
(A) Additional membership.--Section 221(c)(1) of the Help
America Vote Act of 2002 (52 U.S.C. 20961(c)(1)) is amended--
(i) by striking ``14'' and inserting ``18''; and
(ii) by redesignating subparagraph (E) as subparagraph (I)
and by inserting after subparagraph (D) the following new
subparagraphs:
``(E) A representative of the Department of Homeland
Security.
``(F) A representative of the Election Infrastructure
Information Sharing and Analysis Center.
``(G) A representative of the National Association of State
Chief Information Officers.
``(H) A representative of State election information
technology directors selected by the National Association of
Secretaries of State.''.
(B) Renaming of committee.--
(i) In general.--Section 221(a) of the Help America Vote
Act of 2002 (52 U.S.C. 20961(a)) is amended by striking
``Technical Guidelines Development Committee (hereafter in
this part referred to as the `Development Committee')'' and
inserting ``Technical Advisory Board''.
(ii) Conforming amendments.--

(I) Section 201 of such Act (52 U.S.C. 20921) is amended by
striking ``Technical Guidelines Development Committee'' and
inserting ``Technical Advisory Board''.
(II) Section 221 of such Act (52 U.S.C. 20921) is amended
by striking ``Development Committee'' each place it appears
and inserting ``Technical Advisory Board''.
(III) Section 222(b) of such Act (52 U.S.C. 20962(b)) is
amended--

(aa) by striking ``Technical Guidelines Development
Committee'' in paragraph (1) and inserting ``Technical
Advisory Board'',
(bb) by striking ``Development Committee'' in the heading
and inserting ``Technical Advisory Board'', and

(IV) Section 271(e) of such Act (52 U.S.C. 21041(e)) is
amended by striking ``Technical Guidelines Development
Committee'' and inserting ``Technical Advisory Board''.
(V) Section 281(d) of such Act (52 U.S.C. 21051(d)) is
amended by striking ``Technical Guidelines Development
Committee'' and inserting ``Technical Advisory Board''.
(VI) The heading for section 221 of such Act (52 U.S.C.
20961) is amended by striking ``technical guidelines
development committee'' and inserting ``technical advisory
board''.

[[Page S3331]]

(VII) The heading for part 3 of subtitle A of title II of
such Act is amended by striking ``technical guidelines
development committee'' and inserting ``technical advisory
board''.
(VIII) The items relating to section 221 and part 3 of
title II in the table of contents of such Act are each
amended by striking ``Technical Guidelines Development
Committee'' and inserting ``Technical Advisory Board''.

(b) Guidelines.--
(1) Election security guidelines.--Section 221(b) of the
Help America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended
by adding at the end the following new paragraph:
``(3) Election security guidelines.--
``(A) In general.--The election security guidelines shall
contain guidelines for election cybersecurity, including
standards for procuring, maintaining, testing, operating, and
updating election systems.
``(B) Requirements.--In developing the guidelines, the
Technical Advisory Board shall--
``(i) identify the top risks to election systems;
``(ii) describe how specific technology choices can
increase or decrease those risks; and
``(iii) provide recommended policies, best practices, and
overall security strategies for identifying, protecting
against, detecting, responding to, and recovering from the
risks identified under subparagraph (A).
``(C) Issues considered.--
``(i) In general.--In developing the election security
guidelines, the Technical Advisory Board shall consider--

``(I) applying established cybersecurity best practices to
Federal election administration by States and local
governments, including appropriate technologies, procedures,
and personnel for identifying, protecting against, detecting,
responding to, and recovering from cybersecurity events;
``(II) providing actionable guidance to election agencies
that seek to implement additional cybersecurity protections;
and
``(III) any other factors that the Technical Advisory Board
determines to be relevant.

``(D) Relationship to voluntary voting system guidelines
and national institute of standards and technology
cybersecurity guidance.--In developing the election security
guidelines, the Technical Advisory Board shall consider--
``(i) the voluntary voting system guidelines; and
``(ii) cybersecurity standards and best practices developed
by the National Institute of Standards and Technology,
including frameworks, consistent with section 2(c) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(c)).''.
(2) Audit guidelines.--Section 221(b) of such Act (52
U.S.C. 20961(b)), as amended by paragraph (1), is amended by
adding at the end the following new paragraph:
``(4) Election audit guidelines.--
``(A) In general.--The election audit guidelines shall
include provisions regarding voting systems and statistical
audits for Federal elections, including that--
``(i) each vote is cast using a voting system that allows
the voter an opportunity to inspect and confirm the marked
ballot before casting it (consistent with accessibility
requirements); and
``(ii) each election result is determined by tabulating
marked ballots (by hand or device), and prior to the date on
which the winning Federal candidate in the election is sworn
into office, election agencies within the State inspect (by
hand and not by device) a random sample of the marked ballots
and thereby establish high statistical confidence in the
election result.
``(B) Issues considered.--In developing the election audit
guidelines, the Technical Advisory Board shall consider--
``(i) specific types of election audits, including
procedures and shortcomings for such audits;
``(ii) mechanisms to verify that election systems
accurately tabulate ballots, report results, and identify a
winner for each election for Federal office, even if there is
an error or fault in the voting system;
``(iii) durational requirements needed to facilitate
election audits in a timely manner that allows for confidence
in the outcome of the election prior to the swearing-in of a
Federal candidate, including variations in the acceptance of
postal ballots, time allowed to cure provisional ballots, and
election certification deadlines;
``(iv) how the guidelines could assist other components of
State and local governments; and
``(v) any other factors that the Technical Advisory Board
to be relevant.''.
(3) Deadlines.--Section 221(b)(2) of such Act (52 U.S.C.
20961(b)(2)) is amended--
(A) by striking ``The Development'' and inserting the
following:
``(A) Voluntary voting system guidelines.--The
Development'';
(B) by striking ``this section'' and inserting ``paragraph
(1)(A)''; and
(C) by adding at the end the following new subparagraph:
``(B) Election security and election audit guidelines.--
``(i) Initial guidelines.--The Technical Advisory Board
shall provide its initial set of recommendations under
subparagraphs (B) and (C) of paragraph (1) to the Executive
Director not later than 180 days after the date of the
enactment of the Secure Elections Act.
``(ii) Periodic review.--Not later than January 31, 2020,
and once every 2 years thereafter, the Technical Advisory
Board shall review and update the guidelines described in
subparagraphs (B) and (C) of paragraph (1).''.
(c) Process for Adoption.--
(1) Publication of recommendations.--Section 221(f) of the
Help America Vote Act of 2002 (52 U.S.C. 20961(f)) is
amended--
(A) by striking ``At the time the Commission'' and
inserting the following:
``(1) Voluntary voting system guidelines.--At the time the
Commission''; and.
(B) by adding at the end the following new paragraph:
``(2) Election security and election audit guidelines.--The
Technical Advisory Board shall--
``(A) provide a reasonable opportunity for public comment,
including through Commission publication in the Federal
Register, on the guidelines required under subparagraphs (B)
and (C) of subsection (b)(1), including a 45-day opportunity
for public comment on a draft of the guidelines before they
are submitted to Congress under section 223(a), which shall,
to the extent practicable, occur concurrently with the other
activities of the Technical Advisory Board under this section
with respect to such guidelines; and
``(B) consider the public comments in developing the
guidelines.''.
(2) Adoption.--
(A) In general.--Part 3 of subtitle A of title II of the
Help America Vote Act of 2002 (52 U.S.C. 20961 et seq.) is
amended--
(i) by inserting ``of voluntary voting guidelines'' after
``adoption'' in the heading of section 222; and
(ii) by adding at the end the following new section:

``SEC. 223. PROCESS FOR ADOPTION OF ELECTION SECURITY AND
ELECTION AUDIT GUIDELINES.

``(a) Submission to Congress.--
``(1) In general.--Not later than 14 calendar days after
the date on which the Commission receives recommendations for
the guidelines required described in subparagraphs (B) and
(C) of section 221(b)(1), the Commission shall submit the
guidelines to the appropriate congressional committees.
``(2) Modification.--The Commission may modify the
guidelines in advance of submission to Congress if--
``(A) the Commission determines that there is good cause to
modify the guidelines, consistent with the considerations
established in paragraphs (3) or (4) of section 221(b) (as
the case may be) and notwithstanding the recommendation of
the Technical Advisory Board; and
``(B) the Commission submits a written justification of the
modification to the Technical Advisory Board and the
appropriate congressional committees.
``(b) Distribution to Election Agencies.--The Commission
shall distribute the guidelines described in subparagraphs
(B) and (C) of section 221(b)(1) (b) to all election agencies
known to the Commission.
``(c) Publication.--The Commission shall make the
guidelines described in subparagraphs (B) and (C) of section
221(b)(1) (b) available on the public website of the
Commission.
``(d) Appropriate Congressional Committees.--For purposes
of this section, the term `appropriate congressional
committees' means--
``(1) the Committee on Rules and Administration, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Committee on
Appropriations, the Select Committee on Intelligence, the
majority leader, and the minority leader of the Senate; and
``(2) the Committee on House Administration, the Committee
on Armed Services, the Committee on Homeland Security, the
Committee on Appropriations, the Permanent Select Committee
on Intelligence, the Speaker, and the minority leader of the
House of Representatives.
``(e) Rule of Construction.--Nothing in this section shall
be construed to subject the process for developing the
guidelines described in subparagraphs (B) and (C) of section
221(b)(1) to subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
`Administrative Procedure Act').''.
(B) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
222 the following new item:

``Sec. 223. Process for adoption of election security and election
audit guidelines.''.

SEC. ____5. REQUIREMENT TO CONDUCT POST-ELECTION AUDITS.

(a) Requirement.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is
amended--
(A) by redesignating sections 304 and 305 as sections 305
and 306, respectively; and
(B) by inserting after section 303 the following new
section:

``SEC. 304. POST-ELECTION AUDITS.

``(a) In General.--Each State and jurisdiction shall--
``(1) conduct a post-election audit of each election for
Federal office through the inspection of a random sample of
marked ballots of sufficient quantity to establish high
statistical confidence in the election result; and
``(2) provide reports to the Election Assistance Commission
on the details of the audits conducted under paragraph (1).
``(b) Time for Completing Audit.--The audit required by
subsection (a) shall be

[[Page S3332]]

completed in a timely manner to ensure confiedence in the
outcome of the election and before the date on which the
winning candidate in the election is sworn into office.
``(c) Effective Date.--
``(1) In general.--Except as provided in subparagraph (B),
each State and jurisdiction shall be required to comply with
the requirements of this section for the regularly scheduled
general election for Federal office held in November 2020,
and each subsequent election for Federal office.
``(2) Waiver.--If a State or jurisdiction certifies to the
Commission not later than November 1, 2020, that the State or
jurisdiction will not meet the deadline described in
subparagraph (A) for good cause and includes in the
certification the reasons for the failure to meet such
deadline, subparagraph (A) shall apply to the State or
jurisdiction as if the reference in such subparagraph to
`November 2020' were a reference to `November 2022'.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306, respectively; and
(B) by inserting after the item relating to section 303 the
following new item:

``Sec. 304. Post-election audits.''.

(b) Reporting.--The Election Assistance Commission shall
submit reports to Congress on the information provided to the
Commission under section 304(a)(2) of the Help America Vote
Act of 2002, as added by subsection (a). Such reports shall
be submitted concurrently with the reports required under
section 9(a)(3) of the National Voter Registration Act of
1993.

SEC. ____6. REPORTS TO CONGRESS ON FOREIGN THREATS TO
ELECTIONS.

(a) In General.--Not later than 30 days after the date of
enactment of this Act, and 30 days after the end of each
fiscal year thereafter, the Secretary and the Director of
National Intelligence, in coordination with the heads of the
appropriate Federal entities, shall submit a joint report to
the appropriate congressional committees on foreign threats
to elections in the United States, including physical and
cybersecurity threats.
(b) Voluntary Participation by States.--The Secretary shall
solicit and consider comments from all State election
agencies. Participation by an election agency in the report
under this subsection shall be voluntary and at the
discretion of the State.
______