[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8991 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8991

   To amend the Help America Vote Act of 2002 to prohibit the use of 
   voting systems in elections for Federal office whose hardware and 
 software components are not manufactured and maintained in the United 
    States or which are produced by foreign entities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2020

  Mr. Posey introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
   To amend the Help America Vote Act of 2002 to prohibit the use of 
   voting systems in elections for Federal office whose hardware and 
 software components are not manufactured and maintained in the United 
    States or which are produced by foreign entities, and for other 
                               purposes.

    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 ``American Election Security Act''.

SEC. 2. PROHIBITING USE OF VOTING SYSTEM PRODUCED BY FOREIGN ENTITY IN 
              ELECTIONS FOR FEDERAL OFFICE.

    (a) Prohibition.--Section 301(a) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following 
new paragraphs:
            ``(7) System hardware and software manufactured and 
        maintained in united states.--All of the hardware components 
        and all of the software components of the system shall be 
        manufactured in the United States, and all of the hardware 
        components or software components shall be maintained and 
        serviced only by persons who are in the United States.
            ``(8) System not produced by foreign entity.--
                    ``(A) In general.--The voting system may not be 
                produced by a foreign entity.
                    ``(B) Foreign entity defined.--In subparagraph (A), 
                the term `foreign entity' means any of the following:
                            ``(i) A foreign national.
                            ``(ii) Any corporation which is not a 
                        foreign national and in which a foreign 
                        national or an alien directly or indirectly 
                        owns or controls any voting share.
                            ``(iii) Any corporation which is not a 
                        foreign national and with respect to which any 
                        of the members of the board of directors are 
                        foreign nationals or aliens.
                            ``(iv) Any corporation which is not a 
                        foreign national and over which one or more 
                        foreign nationals or aliens has the power to 
                        direct, dictate, or control the decision-making 
                        process of the corporation with respect to its 
                        interests in the United States.
                    ``(C) Foreign national defined.--In this paragraph, 
                the term `foreign national' has the meaning given such 
                term in section 1(b) of the Foreign Agents Registration 
                Act of 1938, as amended (22 U.S.C. 611(b)), except that 
                such term shall not include any individual who is a 
                citizen of the United States.
                    ``(D) Alien defined.--In this paragraph, the term 
                `alien' means an individual who is not a citizen of the 
                United States or a national of the United States (as 
                defined in section 101(a)(22) of the Immigration and 
                Nationality Act), and who is not lawfully admitted for 
                permanent residence (as defined in section 101(a)(20) 
                of such Act).''.
    (b) Effective Date.--Section 301(d) of such Act (52 U.S.C. 
21081(d)) is amended to read as follows:
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2006.
            ``(2) Special rule for requirements relating to foreign 
        entities.--In the case of the requirements of paragraphs (7) 
        and (8) of subsection (a), each State and jurisdiction shall be 
        required to comply with such requirements on and after the date 
        of the enactment of the American Election Security Act.''.
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