text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Verifying Official Totals for 
  Elections Act''.
  
  SEC. 2. DEPOSIT OF ELECTION-DEDICATED VOTING SYSTEM TECHNOLOGY IN 
                NATIONAL SOFTWARE REFERENCE LIBRARY.
  
      (a) Deposit Required; Conditions for Disclosure.--Section 301(a) of 
  the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by 
  adding at the end the following new paragraph:
              ``(7) Prohibiting use of election-dedicated voting system 
          technologies not deposited with national software reference 
          library; disclosure requirements.--
                      ``(A) Prohibition.--
                              ``(i) In general.--A voting system used in 
                          an election for Federal office in a State may 
                          not at any time during the election contain or 
                          use any election-dedicated voting system 
                          technology which is not deposited by the State 
                          (or, at the option of the State, by the vendor 
                          of the technology) with the National Software 
                          Reference Library of the National Institute of 
                          Standards and Technology prior to the date of 
                          the election, to be held in escrow and subject 
                          to disclosure in accordance with subparagraph 
                          (B).
                              ``(ii) Extension of deadline for deposit.--
                          If the chief State election official certifies 
                          to the Director of the National Institute of 
                          Standards and Technology prior to the date of 
                          the election that, because of a revision to the 
                          election-dedicated voting system technology 
                          which is made less than 30 days prior to the 
                          date of the election, the State or vendor is 
                          unable to deposit the technology in accordance 
                          with clause (i) prior to the date of the 
                          election, the voting system used in the 
                          election may contain or use the technology if--
                                      ``(I) the chief State election 
                                  official approves the use of the 
                                  technology for the election; and
                                      ``(II) the State or vendor deposits 
                                  the technology in accordance with 
                                  clause (i) not later than 1 week after 
                                  the date of the election.
                              ``(iii) Enforcement of vendor 
                          responsibilities.--If a State opts to require 
                          the vendor of election-dedicated voting system 
                          technology to deposit the technology in 
                          accordance with this subparagraph and the 
                          vendor fails to do so, the Attorney General may 
                          bring a civil action against the vendor in an 
                          appropriate district court for such relief as 
                          may be appropriate, including injunctive relief 
                          or an order for a civil penalty in an amount 
                          not to exceed $500,000.
                      ``(B) Requirement for disclosure and limitation on 
                  restricting disclosure.--With respect to any election-
                  dedicated voting system technology which is deposited 
                  under subparagraph (A), the Director of the National 
                  Institute of Standards and Technology shall--
                              ``(i) hold the technology in escrow; and
                              ``(ii) disclose technology and information 
                          regarding the technology to another person if--
                                      ``(I) the person is a qualified 
                                  person described in subparagraph (C) 
                                  who has entered into a nondisclosure 
                                  agreement with respect to the 
                                  technology which meets the requirements 
                                  of subparagraph (D); or
                                      ``(II) the Director is permitted or 
                                  required to disclose the technology to 
                                  the person under the law of the 
                                  applicable State, in accordance with 
                                  the terms and conditions applicable 
                                  under such law.
                      ``(C) Qualified persons described.--With respect to 
                  the disclosure of election-dedicated voting system 
                  technology under subparagraph (B)(ii)(I), a `qualified 
                  person' is any of the following:
                              ``(i) A governmental entity with 
                          responsibility for the administration of voting 
                          and election-related matters in elections for 
                          Federal office, for purposes of reviewing, 
                          analyzing, or reporting on the technology.
                              ``(ii) If permitted under a court order, a 
                          party to post-election litigation challenging 
                          the result of an election or the administration 
                          or use of the technology used in an election, 
                          but only to the extent permitted under the 
                          terms and conditions of such court order.
                              ``(iii) A person who reviews, analyzes, or 
                          reports on the technology solely for an 
                          investigation or inquiry concerning the 
                          accuracy or integrity of the technology 
                          pursuant to clause (i) or (ii).
                      ``(D) Requirements for nondisclosure agreements.--A 
                  nondisclosure agreement entered into with respect to an 
                  election-dedicated voting system technology meets the 
                  requirements of this subparagraph if the agreement--
                              ``(i) is limited in scope to coverage of 
                          the technology disclosed under subparagraph (B) 
                          and any trade secrets and intellectual property 
                          rights related thereto;
                              ``(ii) does not prohibit a signatory from 
                          entering into other nondisclosure agreements to 
                          review other technologies under this paragraph;
                              ``(iii) exempts from coverage both 
                          information the signatory lawfully obtained 
                          from another source and information in the 
                          public domain;
                              ``(iv) remains in effect for not longer 
                          than the life of any trade secret or other 
                          intellectual property right related thereto;
                              ``(v) prohibits the request or use of 
                          injunctions that bar a signatory from carrying 
                          out any activity authorized under subparagraph 
                          (C), including injunctions limited to the 
                          period prior to a judicial proceeding involving 
                          the technology;
                              ``(vi) is silent as to damages awarded for 
                          breach of the agreement, other than a reference 
                          to damages available under applicable law;
                              ``(vii) allows disclosure of evidence 
                          relating to possible criminal conduct or other 
                          violations of law, including in response to a 
                          subpoena or warrant;
                              ``(viii) allows disclosures and testimony 
                          to legislative branch authorities, judicial 
                          proceedings, and executive branch 
                          investigations in response to a subpoena or 
                          warrant or as otherwise provided by law; and
                              ``(ix) provides that the agreement shall be 
                          governed by the trade secret laws of the 
                          applicable State.
                      ``(E) Election-dedicated voting system technology 
                  defined.--For purposes of this paragraph:
                              ``(i) In general.--The term `election-
                          dedicated voting system technology' means the 
                          following:
                                      ``(I) The source code used for the 
                                  trusted build and the file signatures 
                                  for the trusted build.
                                      ``(II) A complete disk image of the 
                                  pre-build, build environment, and any 
                                  file signatures to validate that it is 
                                  unmodified.
                                      ``(III) A complete disk image of 
                                  the post-build, build environment, and 
                                  any file signatures to validate that it 
                                  is unmodified.
                                      ``(IV) All executable code produced 
                                  by the trusted build and any file 
                                  signatures to validate that it is 
                                  unmodified.
                                      ``(V) Installation devices and 
                                  software file signatures.
                              ``(ii) Exclusion.--Such term does not 
                          include `commercial-off-the-shelf' software and 
                          hardware defined under the voluntary voting 
                          system guidelines adopted by the Commission 
                          under section 222 which are in effect as of the 
                          date of the election involved.
                      ``(F) Trusted build defined.--For purposes of this 
                  paragraph, the term `trusted build' means a witnessed 
                  software build in which source code is converted to 
                  machine-readable binary instructions (executable code) 
                  in a manner providing security measures that help 
                  ensure that the executable code is a verifiable and 
                  faithful representation of the source code.''.
      (b) Effective Date.--The amendment made by this section shall apply 
  with respect to elections occurring during 2013 or any succeeding year.
  
  SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL INSTITUTE OF 
                STANDARDS AND TECHNOLOGY.
  
      There are authorized to be appropriated to the National Institute 
  of Standards and Technology for each fiscal year such sums as may be 
  necessary to enable the Institute, including the National Software 
  Reference Library of the Institute, to carry out paragraph (7) of 
  section 301(a) of the Help America Vote Act of 2002, as added by 
  section 2(a).
target: Verifying Official Totals for Elections Act - Amends the Help America Vote Act of 2002 to prohibit a voting system used in a federal election from containing or using any election-dedicated voting system technology which is not deposited by the state (or at the state's option by the vendor of the technology) with the National Software Reference Library of the National Institute of Standards and Technology (NIST) before the election.
  
  Requires the Director of NIST to: (1) hold the technology in escrow; and (2) disclose it and information about it to a qualified person who has entered into a nondisclosure agreement with respect to it, or to whom the Director is permitted or required to disclose the technology under state law.
feat_title: To amend the Help America Vote Act of 2002 to require the deposit in the National Software Reference Library of the National Institute of Standards and Technology of a copy of any election-dedicated voting system technology used in the operation of a voting system for an election for Federal office, to establish the conditions under which the Director of the National Institute of Standards and Technology may disclose the technology and information regarding the technology to other persons, and for other purposes.