[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 589 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 589
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.
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IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
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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