[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3412 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3412
To protect the administration of Federal elections against
cybersecurity threats.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2019
Mr. Rodney Davis of Illinois (for himself, Mr. Walker, Mr. Loudermilk,
Mr. Waltz, Mr. Collins of Georgia, and Mr. Upton) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Permanent Select Committee on
Intelligence (Permanent Select), for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect the administration of Federal elections against
cybersecurity threats.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Security Assistance Act''.
SEC. 2. GRANTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS.
(a) Authorization of Funds.--Notwithstanding section 104(c)(2)(B)
of the Help America Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), there
is authorized to be appropriated $380,000,000 for fiscal year 2020 to
the Election Assistance Commission for necessary expenses to make
payments to States for activities to improve the administration of
elections for Federal office, including to enhance election technology
and make election security improvements, as authorized by sections 101,
103, and 104 of such Act.
(b) Payments to States.--
(1) State match.--Not later than two years after receiving
funds under subsection (a), a State shall make available funds
for activities described in such subsection in an amount equal
to 25 percent of the total amount of the payment made to the
State under such subsection.
(2) Timing.--The Election Assistance Commission shall make
payments to States under subsection (a) not later than 45 days
after the date of enactment of this Act.
(3) Guaranteed minimum payment.--For purposes of this
section, with respect to section 103 of such Act (52 U.S.C.
20903)--
(A) each reference to ``$5,000,000'' shall be
deemed to refer to ``$3,000,000''; and
(B) each reference to ``$1,000,000'' shall be
deemed to refer to ``$600,000''.
(c) Reference.--For purposes of this section, with respect to
sections 101 and 103 of such Act, each reference to the ``Administrator
of General Services'' or the ``Administrator'' shall be deemed to refer
to the ``Election Assistance Commission''.
SEC. 3. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING SYSTEMS.
(a) Inclusion in Definition of Voting System.--Section 301(b) of
the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this Act'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) any electronic poll book used with respect to the
election; and''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 21081) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Electronic Poll Book Defined.--In this Act, the term
`electronic poll book' means the total combination of mechanical,
electromechanical, or electronic equipment (including the software,
firmware, and documentation required to program, control, and support
the equipment) that is used--
``(1) to retain the list of registered voters at a polling
location, or vote center, or other location at which voters
cast votes in an election for Federal office; and
``(2) to identify registered voters who are eligible to
vote in an election.''.
(c) Effective Date.--Section 301(e) of such Act (52 U.S.C.
21081(e)), as redesignated by subsection (b), is amended by striking
the period at the end and inserting the following: ``, or, with respect
to any requirements relating to electronic poll books, on and after
January 1, 2020.''.
SEC. 4. SECURITY CLEARANCE ASSISTANCE FOR ELECTION OFFICIALS.
(a) State Officials.--In order to promote the timely sharing of
information on threats to election infrastructure, the Secretary of
Homeland Security may--
(1) help expedite a security clearance at the top secret
level for the chief State election official and other
appropriate State personnel involved in the administration of
elections, as designated by the chief State election official;
(2) sponsor a security clearance at the top secret level
for the chief State election official and other appropriate
State personnel involved in the administration of elections, as
designated by the chief State election official; and
(3) facilitate the issuance of a temporary clearance at the
top secret level to the chief State election official and other
appropriate State personnel involved in the administration of
elections, as designated by the chief State election official,
if the Secretary determines classified information to be timely
and relevant to the election infrastructure of the State at
issue.
(b) Election Assistance Commission.--The Secretary shall
expeditiously issue a security clearance at the top secret level to the
following officials:
(1) Each member of the Election Assistance Commission
appointed pursuant to section 203(a) of the Help America Vote
Act of 2002 (52 U.S.C. 20923(a)).
(2) The Executive Director of the Election Assistance
Commission appointed pursuant to section 204(a)(1) of such Act
(52 U.S.C. 20924(a)(1)).
(3) The General Counsel of the Election Assistance
Commission appointed pursuant to section 204(a)(4) of such Act
(52 U.S.C. 20924(a)(4)).
(c) Definitions.--In this section--
(1) the term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act;
(2) the term ``election infrastructure'' means storage
facilities, polling places, and centralized vote tabulation
locations used to support the administration of elections for
public office, as well as related information and
communications technology, including voter registration
databases, voting machines, electronic mail and other
communications systems (including electronic mail and other
systems of election service providers who have entered into
contracts with election agencies to support the administration
of elections, manage the election process, and report and
display election results), and other systems used to manage the
election process and to report and display election results on
behalf of an election agency;
(3) the term ``Secretary'' means the Secretary of Homeland
Security; and
(4) the term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
SEC. 5. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY STATE AND
LOCAL OFFICIALS OF ELECTION CYBERSECURITY INCIDENTS.
(a) Duty To Share Information With Department of Homeland
Security.--If a Federal entity receives information about an election
cybersecurity incident, the Federal entity shall promptly share that
information with the Department of Homeland Security, 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.
(b) Response to Receipt of Information by Secretary of Homeland
Security.--
(1) In general.--Upon receiving information about an
election cybersecurity incident under subsection (a), the
Secretary of Homeland Security, in consultation with the
Attorney General, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence, shall
promptly (but in no case later than 96 hours after receiving
the information) review the information and make a
determination whether each of the following apply:
(A) There is credible evidence that the incident
occurred.
(B) There is a basis to believe that the incident
resulted, could have resulted, or could result in voter
information systems or voter tabulation systems being
altered or otherwise affected.
(2) Duty to notify state and local officials.--
(A) Duty described.--If the Secretary makes a
determination under paragraph (1) that subparagraphs
(A) and (B) of such paragraph apply with respect to an
election cybersecurity incident, not later than 96
hours after making the determination, the Secretary
shall provide a notification of the incident to each of
the following:
(i) The chief executive of the State
involved.
(ii) The State election official of the
State involved.
(iii) The local election official of the
election agency involved.
(B) Treatment of classified information.--
(i) Efforts to avoid inclusion of
classified information.--In preparing a
notification provided under this paragraph to
an individual described in clause (i), (ii), or
(iii) of subparagraph (A), the Secretary shall
attempt to avoid the inclusion of classified
information.
(ii) Providing guidance to state and local
officials.--To the extent that a notification
provided under this paragraph to an individual
described in clause (i), (ii), or (iii) of
subparagraph (A) includes classified
information, the Secretary (in consultation
with the Attorney General and the Director of
National Intelligence) shall indicate in the
notification which information is classified.
(3) Exception.--
(A) In general.--If the Secretary, in consultation
with the Attorney General and the Director of National
Intelligence, makes a determination that it is not
possible to provide a notification under paragraph (1)
with respect to an election cybersecurity incident
without compromising intelligence methods or sources or
interfering with an ongoing investigation, the
Secretary shall not provide the notification under such
paragraph.
(B) Ongoing review.--Not later than 30 days after
making a determination under subparagraph (A) and every
30 days thereafter, the Secretary shall review the
determination. If, after reviewing the determination,
the Secretary makes a revised determination that it is
possible to provide a notification under paragraph (2)
without compromising intelligence methods or sources or
interfering with an ongoing investigation, the
Secretary shall provide the notification under
paragraph (2) not later than 96 hours after making such
revised determination.
(c) Definitions.--In this section, the following definitions apply:
(1) Election agency.--The term ``election agency'' means
any component of a State, or any component of a unit of local
government in a State, which is responsible for the
administration of elections for Federal office in the State.
(2) Election cybersecurity incident.--The term ``election
cybersecurity incident'' means an occurrence that actually or
imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information on
an information system of election infrastructure, or actually
or imminently jeopardizes, without lawful authority, an
information system of election infrastructure.
(3) 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))).
(4) Federal entity.--The term ``Federal entity'' means any
agency (as defined in section 551 of title 5, United States
Code).
(5) Local election official.--The term ``local election
official'' means the chief election official of a component of
a unit of local government of a State that is responsible for
administering Federal elections.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) State.--The term ``State'' means each of the several
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.
(8) 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 case of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, and the United
States Virgin Islands, a chief State election official
designated by the State for purposes of this Act.
(d) Effective Date.--This section shall apply with respect to
information about an election cybersecurity incident which is received
on or after the date of the enactment of this Act.
SEC. 6. ESTABLISHMENT OF ELECTION CYBER ASSISTANCE UNIT IN ELECTION
ASSISTANCE COMMISSION.
(a) In General.--Subtitle A of title II of the Help America Vote
Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end
the following new part:
``PART 4--ELECTION CYBER ASSISTANCE UNIT
``SEC. 225. ELECTION CYBER ASSISTANCE UNIT.
``(a) Establishment.--There is established in the Commission the
Election Cyber Assistance Unit (hereafter in this part referred to as
the `Unit').
``(b) Duties.--The Unit will provide State and local election
officials in various geographic regions of the United States with
access to risk-management, resiliency, and technical support services
provided by election administration and cybersecurity experts who will
be based in such regions and who may provide such services in person,
by telephone, or online.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle A of
title II the following:
``Part 4--Election Cyber Assistance Unit
``Sec. 225. Election Cyber Assistance Unit.''.
SEC. 7. REPRESENTATIVE OF DEPARTMENT OF HOMELAND SECURITY ON TECHNICAL
GUIDELINES DEVELOPMENT COMMITTEE.
Section 221(c)(1) of the Help America Vote Act of 2002 (52 U.S.C.
20961(c)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A representative of the Department of
Homeland Security.''.
SEC. 8. 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 of Homeland Security 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 and the chief State election official of each State 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 section shall be
voluntary and at the discretion of the State.
(c) Appropriate Federal Entities.--In this section, the term
``appropriate Federal entities'' means--
(1) the Department of Commerce, including the National
Institute of Standards and Technology;
(2) the Department of Defense;
(3) the Department of Homeland Security, 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;
(4) the Department of Justice, including the Federal Bureau
of Investigation;
(5) the Election Assistance Commission; and
(6) 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.
(d) Other Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Rules and Administration, the
Committee on Homeland Security and Governmental
Affairs, the Select Committee on Intelligence, and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on House Administration, the
Committee on Homeland Security, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives;
(2) the term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act;
(3) the term ``election agency'' means any component of a
State or any component of a unit of local government of a State
that is responsible for administering Federal elections;
(4) the term ``Secretary'' means the Secretary of Homeland
Security; and
(5) the term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
SEC. 9. GAO ANALYSIS OF FEASIBILITY OF CONDUCTING RISK-LIMITING AUDITS.
(a) Analysis.--The Comptroller General of the United States shall
conduct an analysis of the following:
(1) The feasibility for States to conduct risk-limiting
audits of elections for Federal office.
(2) The types of risk-limiting audits performed by States.
(3) The extent to which risk-limiting audits performed by
States have improved the administration of elections in such
States.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report on the analysis conducted under subsection (a).
SEC. 10. GAO ANALYSIS OF FEASIBILITY OF REQUIRING USE OF PAPER BALLOTS.
(a) Analysis.--The Comptroller General of the United States shall
conduct an analysis of the following:
(1) The feasibility of requiring the use of paper ballots
in elections for Federal office on a nationwide basis.
(2) The impacts with respect to accessibility for
individuals with disabilities of requiring the use of paper
ballots in elections for Federal office.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report on the analysis conducted under subsection (a).
SEC. 11. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.
(a) Study.--The Election Assistance Commission shall conduct a
study of the best ways to design ballots used in elections for public
office, including paper ballots and electronic or digital ballots, to
minimize confusion and user errors.
(b) Report.--Not later than January 1, 2020, the Election
Assistance Commission shall submit to Congress a report on the study
conducted under subsection (a).
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