[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3412 Introduced in House (IH)]

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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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