[Congressional Record Volume 166, Number 160 (Wednesday, September 16, 2020)]
[House]
[Pages H4468-H4472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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ELECTION TECHNOLOGY RESEARCH ACT OF 2020
Ms. SHERRILL. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4990) to direct the National Institute of Standards and
Technology and the National Science Foundation to carry out research
and other activities to promote the security and modernization of
voting systems, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4990
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 Technology Research
Act of 2020''.
SEC. 2. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
(a) Voting Systems Research.--The Director of the National
Institute of Standards and Technology, in collaboration with
the National Science Foundation as appropriate, shall carry
out a program of research on voting systems, including--
(1) the cybersecurity of different components of such
systems;
(2) end-to-end verifiable systems;
(3) Internet-enabled voting;
(4) the accessibility and usability of different components
of such systems;
(5) voter privacy and data protection;
(6) methods for auditing elections;
(7) the interoperability of system technologies;
(8) means for providing voters with the ability to easily
check whether a ballot sent by mail has been dispatched to
the voter and whether the voter's marked ballot has been
received and accepted by the appropriate election official;
(9) the reliability of various approaches to voter
authentication; and
(10) such other areas of research as the Director of the
National Institute of Standards and Technology determines to
be appropriate and related to the security and integrity of
elections for Federal office.
(b) Elections Systems Center of Excellence.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall make an award to an
institution of higher education or an eligible nonprofit
organization (or a consortium thereof) to establish a Center
of Excellence in Election Systems.
(2) Collaborations.--The Director shall ensure that the
Center of Excellence includes a collaboration of institutions
of higher education, nonprofit organizations, private sector
entities, and State and local election officials.
(3) Purpose.--The purpose of the Center of Excellence shall
be to--
(A) conduct measurement research and statistical analyses
to inform the development of standards for technologies and
processes that contribute to more secure, fair, and
accessible elections;
(B) test and evaluate the security, usability, and
accessibility of the technologies of voting systems,
including the accessibility of poll book data by voters;
(C) research testing methods that could be used for the
certification of voting system technologies;
(D) educate and train students studying in science,
technology, engineering, and mathematics fields to conduct
measurement science and standards research relevant to such
systems; and
(E) foster collaboration among academic researchers,
private sector vendors of election technology, and State and
local election officials.
(4) Requirements.--
(A) In general.--An institution of higher education or an
eligible nonprofit organization (or a consortium thereof)
seeking funding under this subsection shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may require.
(B) Applications.--Each application under subparagraph (A)
shall include a description of--
(i) how the Center will work with other research
institutions, industry partners, and State or local election
officials to identify the measurement, testing, and standards
needs of voting systems and to leverage the expertise of
election practitioners; and
(ii) how the Center will promote active collaboration among
researchers in multiple disciplines involved in ensuring the
security and integrity of such systems.
(C) Selection and duration.--Each Center established under
this section is authorized to carry out activities for a
period of 5 years, renewable for an additional 5 years at the
discretion of the Director.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $12,000,000 for
each of the fiscal years 2021 through 2025.
SEC. 3. NATIONAL SCIENCE FOUNDATION.
(a) Research Grants.--The Director of the National Science
Foundation, in collaboration with the National Institute of
Standards and Technology and other relevant agencies, as
appropriate, shall award basic research grants to increase
the understanding of cyber and other threats to voting
systems and to inform the development of technologies,
processes, and policies that contribute to more secure, fair,
and accessible elections, including research on--
(1) the cybersecurity of different components of such
systems;
(2) end-to-end verifiable systems;
(3) the risks and benefits of Internet-enabled voting;
(4) the human-technology interface, including the
usability, accessibility, and comprehensibility of ballot
design, ballot marking devices, and other components of such
systems;
(5) voter privacy and data protection;
(6) voter practices regarding the verification of ballots
generated by ballot marking devices and the likelihood that
voters, both with and without disabilities, will recognize
errors or omissions with respect to such ballots; and
(7) such other topics as the Director determines to be
appropriate and related to the integrity of elections.
(b) Elections Systems Research Center.--
(1) In general.--The Director of the National Science
Foundation, in consultation with the Director of the National
Institute of Standards and Technology and the Secretary of
Homeland Security, as appropriate, shall award grants to
institutions of higher education or eligible nonprofit
organizations (or consortia thereof) to establish at least 1
multidisciplinary center for elections systems research and
education.
(2) Consortia.--A consortia receiving an award under this
subsection may include institutions of higher education,
nonprofit organizations, private sector entities, and State
and local election officials.
(3) Purpose.--The purpose of a center established with a
grant awarded under this subsection shall be to--
(A) conduct basic research to advance understanding of
cyber and other threats to election systems and the conduct
of secure, fair, and accessible elections;
(B) conduct research that may inform the development of
technologies, processes, and policies that contribute to more
secure, fair, and accessible elections;
(C) educate and train students studying in science,
technology, engineering, and mathematics fields to conduct
research relevant to election systems;
(D) design curricula that address the growing
organizational management and information technology needs of
the election community; and
(E) foster collaboration among academic researchers,
private sector vendors of election technology, and State and
local election officials.
(4) Requirements.--
(A) In general.--An institution of higher education or an
eligible nonprofit organization (or a consortium thereof)
seeking funding under this subsection shall submit an
application to the Director of the National Science
Foundation at such time, in such manner, and containing such
information as the Director may require.
(B) Applications.--Each application under subparagraph (A)
shall include a description of--
(i) how the center established with a grant awarded under
this subsection will work with other research institutions,
industry partners, and State and local election officials to
identify research needs and leverage the expertise of
election practitioners; and
(ii) how the center will promote active collaboration among
researchers in multiple disciplines involved in elections
systems security, including computer science, data science,
and social and behavioral sciences.
(5) Selection and duration.--Each center established with a
grant awarded under this section is authorized to carry out
activities for a period of 5 years, renewable for an
additional 5 years at the discretion of the Director.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each of the fiscal years 2021 through 2025.
SEC. 4. OTHER ACTIVITIES OF NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY TO PROMOTE SECURITY AND
MODERNIZATION OF VOTING SYSTEMS.
(a) Common Data Format.--The National Institute of
Standards and Technology shall establish and make publicly
available common data format specifications for auditing,
voter registration, and other elements of voting systems, and
provide the specifications to the Technical Guidelines
Development Committee of the Election Assistance Commission
under section 221(e) of the Help America Vote Act of 2002 (52
U.S.C. 20961(e)).
(b) Elections Systems Certifications.--The National
Institute of Standards and Technology shall work in
collaboration with the Election Assistance Commission to
update the process under which voting systems are certified
pursuant to the Help America Vote Act of 2002 so that State
and local election officials will be better able to carry out
updates and otherwise modernize such systems.
(c) Technical Assistance.--The Director of the National
Institute of Standards and Technology shall--
(1) provide technical assistance to State and local
election officials on the implementation of cybersecurity
standards, privacy standards, risk assessments, risk-limiting
audits, and technologies which are incorporated in the
voluntary voting system guidelines issued under the Help
America Vote Act of 2002; and
[[Page H4469]]
(2) in collaboration with the Department of Homeland
Security and the Election Assistance Commission, as
appropriate, conduct outreach to State and local election
officials in order to disseminate best practices for the
implementation of such voluntary voting system guidelines.
SEC. 5. GAO REPORT.
Not later than 18 months after the date of enactment of
this Act, the Comptroller General shall submit a report to
Congress that--
(1) addresses the extent to which efforts by the National
Institute of Standards and Technology (NIST) to assist the
Technical Guidelines Development Committee of the Election
Assistance Commission in the development of voluntary voting
systems guidelines have resulted in market-ready standardized
voting equipment and software, and addresses the resources
made available to NIST to carry out these activities;
(2) addresses efforts by NIST to monitor and review the
performance of laboratories accredited by the Elections
Assistance Commission and to make recommendations for
continuing accreditation, increased voting technology
reliability, and the number of accredited private
laboratories, and addresses resources made available to NIST
to carry out these activities; and
(3) addresses the extent to which the annual list of
suggestions required to be submitted by NIST to the Election
Assistance Commission for research issues for grants and
pilot programs under section 271(d) of the Help America Vote
Act of 2002 (52 U.S.C. 21041) and the evaluation of grants
and programs by NIST has improved voting technology and been
successful in encouraging the implementation of new
technologies in voting systems and equipment.
SEC. 6. AMENDMENTS TO THE HELP AMERICA VOTE ACT OF 2002.
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 (6); and
(4) by inserting after paragraph (1) the following new
paragraphs:
``(2) any other paper or electronic technologies or
processes for collecting, storing, or transmitting personal
information of voters for use in the administration of
elections for Federal office, including electronic poll books
with respect to an election;
``(3) voter registration databases and systems, including
online interfaces;
``(4) systems for carrying out post-election auditing;
``(5) chain-of-custody procedures; and''.
SEC. 7. DEFINITIONS.
In this Act--
(1) the term ``voting system'' has the meaning given such
term in section 301(b) of the Help America Vote Act of 2002
(52 U.S.C. 21081(b)), as amended by section 6; and
(2) the term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New Jersey (Ms. Sherrill) and the gentleman from Oklahoma (Mr. Lucas)
each will control 20 minutes.
The Chair recognizes the gentlewoman from New Jersey.
General Leave
Ms. SHERRILL. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 4990, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New Jersey?
There was no objection.
Ms. SHERRILL. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today to speak in support of H.R. 4990, the
Election Technology Research Act. This bipartisan legislation, which I
was proud to introduce alongside my friend Representative Gonzalez,
Chairwoman Johnson, and Ranking Member Lucas, is a practical,
commonsense bill that would yield important results for the security of
our elections.
Madam Speaker, 48 days from today, Americans will exercise one of
their most important duties in a democratic society and vote. Amidst a
global pandemic, targeted attacks on our democracy by our adversaries,
and political unrest, Americans deserve to know that our elections are
secure.
Last summer, the Science, Space, and Technology Committee held a
hearing with voting technology and election administration experts to
discuss U.S. election system technologies and research recommendations
made in the 2018 National Academies report, Securing the Vote:
Protecting American Democracy. This report and the input we received
during that hearing made it clear that targeted research designed to
protect our voting systems is not only wise but necessary.
The COVID-19 global pandemic has put stress on our healthcare system,
caused nearly 200,000 deaths in the United States, devastated our
economy, and underscored racial inequities in our society. But
Americans are resilient. They will mail in their ballots or go to their
polling stations to cast their vote. Why? Because they care deeply
about our country and our democracy. In return, one of our jobs in
government is to ensure the American people have confidence in the
integrity of our election process.
Nearly 20 years ago, Congress enacted the Help America Vote Act. HAVA
provided funding for States to purchase new voting equipment and
created the Election Assistance Commission. It also included provisions
to advance research, technology, and standards development for voting
systems.
There are more than 10,000 voting jurisdictions across the United
States. HAVA mandated that the National Institute of Standards and
Technology work with the EAC to develop voluntary voting systems
guidelines for voting machines.
Today, all U.S. States and territories look to those guidelines to
make decisions to about technology procurement and securing their
elections. My legislation modernizes the 20-year-old provisions in HAVA
to reflect the state of today's technology and the nature of today's
election security challenges.
The most important new areas of research and standards development
this bill supports are online voter registration systems and electronic
poll books. Forty States now offer online voter registration, and many
States also use e-poll books on election day for quick access to voter
information.
The Election Technology Research Act also creates centers of
excellence at NIST and the National Science Foundation to further study
a range of important election technology challenges, including
cybersecurity, privacy, reliability, and interoperability.
We must strive to ensure the highest standards are in place for all
technologies used in the election process. And while the overwhelming
majority of election experts agree that the technology is not yet ready
for secure voting over the internet, this bill does support continued
research on internet voting.
In addition to the security and integrity of voting equipment, voting
accessibility is also important. Keeping security at the forefront, we
should make it as easy as possible for all voters to cast their
ballots. H.R. 4990 supports research at NSF to study ways to improve
the voter interface with different voting technologies, including
accessibility, ballot design, and ballot-marking devices.
Beyond the ballot box, this bill supports education and training of
students and design of curricula focused on organizational management
and informational technology needs of the election community.
Finally, H.R. 4990 directs NIST to provide technical assistance to
States for their election needs, including risk assessments and risk-
limiting audits.
This is a bipartisan piece of legislation. The Members of the House
Science, Space, and Technology Committee worked to put together a
bipartisan bill that represents our values and our commitment to
protecting our democracy. It recognizes the simple fact that technology
advances quickly. So, when it comes to something as fundamental as
ensuring the security and the sanctity of our elections, it is
incumbent upon Congress to pass legislation to make sure our election
technology is modern, secure, and state of the art.
Madam Speaker, I sincerely thank Representative Gonzalez, Chairwoman
Johnson, and Ranking Member Lucas for joining me as cosponsors on this
bill, as well as my other colleagues on the Science, Space, and
Technology Committee and in the House for adding their names to this
legislation.
I urge all Members to support the Election Technology Research Act,
and I look forward to continuing to work with my colleagues to see it
enacted in law.
[[Page H4470]]
Madam Speaker, I reserve the balance of my time.
House of Representatives,
Committee on House Administration,
Washington, DC, February 10, 2020.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Chairwoman Johnson: I am writing to you regarding H.R.
4990, the ``Election Technology Research Act of 2019.'' This
measure, introduced on November 8, 2019, was referred to your
committee as well as the Committee on House Administration.
The Committee on House Administration agrees to waive
further consideration of H.R. 4990. The Committee does so
with the understanding that by waiving further consideration
of this bill it does not waive any future jurisdictional
claims over similar measures. In addition, the Committee
reserves its right to seek conferees on any provisions within
its jurisdiction which are considered in a House-Senate
conference and requests your support if such a request is
made.
I would appreciate the inclusion of this letter and a copy
of your response in the Congressional Record during
consideration of H.R. 4990 on the House floor.
Sincerely,
Zoe Lofgren,
Chairperson.
____
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, February 10, 2020.
Chairperson Zoe Lofgren,
Committee on House Administration,
House of Representatives, Washington, DC.
Dear Chairperson Lofgren: I am writing to you concerning
H.R. 4990, the ``Election Technology Research Act of 2019,''
which was referred to the Committee on Science, Space, and
Technology, and in addition to the Committee on House
Administration on November 8, 2019.
I appreciate your willingness to work cooperatively on this
bill. I recognize that the bill contains provisions that fall
within the jurisdiction of the Committee on House
Administration. I appreciate that your Committee will waive
further consideration of H.R. 4990 and that this action is
not a waiver of future jurisdictional claims by the Committee
on House Administration over this subject matter.
I will make sure to include our exchange of letters in the
legislative report for H.R. 4990 and in the Congressional
Record. Thank you for your cooperation on this legislation.
Sincerely,
Eddie Bernice Johnson,
Chairwoman, Committee on Science,
Space, and Technology.
Mr. LUCAS. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 4990, the Election
Technology Research Act of 2020. I am proud to join Representatives
Sherrill and Gonzalez and Chairwoman Johnson as an original cosponsor
of this bill.
The security and integrity of elections is fundamental to American
democracy and should not be a partisan issue. To that end, this
bipartisan bill takes necessary and appropriate steps to update
research activities at the National Science Foundation and the National
Institute of Standards and Technology to promote the security and the
modernization of U.S. voting systems.
The bill also establishes an election systems center of excellence at
NIST to foster collaborations between NIST, universities, and State and
local election officials to address election security challenges.
The U.S. Constitution vests the responsibility of administering
elections with State and local governments, and we in Congress should
respect the boundaries of this well-established system of federalism.
However, the Federal Government has an important role to play in
providing guidance and assistance to States on election systems. The
Federal Government can and should work closely with States and local
government officials to deal with foreign and domestic cyber threats.
This bill provides the research tools to do just that, and it does so
without imposing costly or burdensome mandates on States. Instead, this
bill leverages an established system to provide voluntary guidelines to
State and local election officials to use as they see fit.
I appreciate Chairwoman Johnson and her staff for working with us to
produce a good, bipartisan bill. I urge my colleagues to support it,
and I reserve the balance of my time.
Ms. SHERRILL. Madam Speaker, I yield 4 minutes to the gentlewoman
from Texas (Ms. Johnson).
Ms. JOHNSON of Texas. Madam Speaker, I rise in support of H.R. 4990,
the Election Technology Research Act of 2020. I am proud to join my
colleagues, Representatives Sherrill and Gonzalez, in introducing this
bipartisan bill.
Just a few weeks from now, Americans will begin casting their ballots
in the 2020 election. They will also do so in the midst of a global
pandemic and a divided country. The stakes could not be higher. We face
many threats to our democratic institutions, including to our most
sacred right and responsibility as citizens: our vote.
Unfortunately, the greatest threats today are the spread of
misinformation and the active disenfranchisement of American citizens.
Those are human vulnerabilities that are amplified by technology.
However, we must not lose sight of the vulnerabilities inherent to the
technologies that we use to cast and count our votes.
As it has across all aspects of our lives and society, technology has
become an integral part of the election process. The use of technology
in elections has changed significantly since the enactment of Help
America Vote nearly 20 years ago.
H.R. 4990 authorizes research and standards development activities at
the National Science Foundation and the National Institute of Standards
and Technology to help modernize and secure our election systems and
ensure that they are accessible to all.
The legislation also includes a small amendment to HAVA to ensure
that the standards and guidelines developed to help States secure their
election systems cover all of the election technologies in use today.
This legislation represents just a tiny piece of what is needed in
terms of policy, leadership, and funding to ensure free, fair,
transparent, and secure elections, but it is an important piece, if not
in time for this election, then for all future elections.
I want to again thank my colleagues, Representatives Sherrill and
Gonzalez, for their hard work and our colleagues on the House
Administration Committee for their support in getting this bill to the
floor.
Madam Speaker, I urge my colleagues to support this good, bipartisan
legislation.
Mr. LUCAS. Madam Speaker, I yield 3 minutes to the gentleman from
Ohio (Mr. Gonzalez).
Mr. GONZALEZ of Ohio. Madam Speaker, election security is an issue
essential to our democracy, and I am glad to see the House taking up
legislation today to address it in a bipartisan manner.
My colleague, Representative Sherrill, and I have been working
together on this issue since being sworn in, and I am glad to join her,
as well as Chairwoman Johnson and Ranking Member Lucas, in supporting
H.R. 4990, the Election Technology Research Act.
This legislation would modernize and secure U.S. voting systems by
authorizing NIST and the National Science Foundation to conduct
research on ways to improve and secure voting systems. Importantly, any
standards recommended by NIST under this act are voluntary, and
adoption of the standards remain in the purview of the Election
Assistance Commission.
H.R. 4990 also provides grant funding to establish a center of
excellence in election systems to promote the research and
modernization of election practices. A stated purpose of this center
will be to foster collaboration between universities, nonprofits,
private organizations, and State and local election officials.
Encouraging communication and collaboration between these groups is
vital to make sure the voices of States and local election officials
are heard.
The Election Research Technology Act also amends the Help America
Vote Act to update the definition of voting systems to match modern
technology encompassing electronic poll books and voter registration
databases. There is bipartisan consensus that an update of the
definition is necessary to reflect the modern election technology used
by States today.
With new threats facing our electoral systems, it is imperative that
we continue to update our election laws and improve our election
security by passing bipartisan election security legislation.
Madam Speaker, I thank Chairwoman Johnson, Ranking Member Lucas, and
the Science, Space, and Technology staff for their hard work on this
legislation, and also Ohio Secretary of State Frank LaRose's office for
their input throughout the process.
[[Page H4471]]
Madam Speaker, I also want to thank my friend, Ranking Member Davis,
for his dedicated work on election issues. I look forward to continuing
working with him to ensure the administration of our elections are safe
and secure.
The Election Technology Research Act will update Federal laws to
reflect today's technology, encourage basic research and innovation on
the State and local level to secure our election systems, and
streamline collaboration between private and public stakeholders.
This bill is a simple, bipartisan piece of legislation that will take
a step forward in improving our election security. I urge my colleagues
to vote in support of H.R. 4990.
Ms. SHERRILL. Madam Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Perlmutter).
Mr. PERLMUTTER. Madam Speaker, I thank my friend from New Jersey.
Madam Speaker, I rise today in support of H.R. 4990, which I am proud
to cosponsor. This is a bipartisan bill introduced by my Science,
Space, and Technology Committee colleagues, Representatives Sherrill
and Anthony Gonzalez.
Technology in elections is necessary to provide convenience, speed,
accuracy, and accessibility. However, our country needs to modernize
this technology from time to time to ensure security, privacy,
reliability, and transparency.
For the past 20 years, the Help America Vote Act of 2002 was
instrumental in the development of voluntary voting system guidelines
and the advancement of voting technologies to improve the security and
integrity of our elections. Unfortunately, the law has not kept pace
with the rapid advances in technology.
{time} 1315
H.R. 4990 authorizes activities and makes investments at the National
Institute of Standards and Technology and the National Science
Foundation to support research to help secure and modernize our
election systems. This legislation also supports critical standards
development work carried out by NIST in collaboration with the Election
Assistance Commission to improve the cybersecurity, privacy,
reliability, and interoperability of voting systems technologies.
Voting is one of our most cherished rights as Americans, and without
sacrificing security, we must make it as easy as possible for all
voters to cast their ballots this year and every year.
I thank my colleagues, Representative Mikie Sherrill and
Representative Gonzalez, for their bipartisan leadership on this bill.
H.R. 4990 will help improve the security of our elections, and I urge
all my colleagues to vote ``aye.''
Mr. LUCAS. Madam Speaker, I yield 5 minutes to the gentleman from
Illinois (Mr. Davis), a fellow ranking member on a full committee and
always an insightful individual.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I thank my good friend
from Oklahoma for yielding and for the glowing recommendation there. I
think I could have gotten a better one from Mr. Perlmutter over there.
It is great to be here. It is great to be among friends and great to
see bipartisanship.
This is an example of what the House of Representatives should do on
a regular basis, have fun, joke around, like Ranking Member Lucas and I
do on regular occasions. This is what we should do on a wide variety of
other pieces of legislation, including what we want to do before the
end of this month, how we want to fill the holes in the stimulus bill
that we passed back months and months ago in a very bipartisan way.
I have to raise some concerns about this piece of legislation because
the House Administration Committee got this bill sent to the committee
last November and, unfortunately, as has been the norm in this Congress
and on this committee, we didn't hold one meaningful hearing or markup
on this bill.
The Chair waived our jurisdiction in February, and now 7 months later
this bill is on the House floor without ever being discussed by the
committee with jurisdiction over Federal election issues.
H.R. 4990 allocates over $100 million over the next 5 years to the
National Institute of Standards and Technology in order to conduct
election system research and distribute grants to higher-education
institutions and nonprofits.
Funding expanded research at NIST, a nonregulatory agency of the
Department of Commerce, would allow the agency to circumvent policy
priorities set by the U.S. Election Assistance Commission, a
politically balanced agency.
This is especially concerning when we know there have already been
calls for more transparency when it comes to the work that NIST does on
behalf of the EAC. Currently, EAC commissioners are not regularly
updated on the projects that they task NIST with. There is no timeline
for completion and no reporting structure. H.R. 4990 further empowers
NIST without proportional accountability to the EAC.
I have addressed this issue previously in my bill H.R. 5707, the
Protect American Voters Act, PAVA, by calling election-related work of
NIST to be more accessible and visible by directing them to issue a
report to Congress every year containing the status, timeline, and
estimated completion of activities that they are tasked with under
HAVA.
Additionally, H.R. 4990 would expand the voting system definition to
include nonvoting technology in the already overwhelmed voluntary
voting system guidelines process.
We have been waiting for updated HAVA guidelines, or VVSG 2.0, for
over a decade now. So while I absolutely believe guidelines for
nonvoting equipment, such as e-poll books are needed, adding more to
the VVSG process likely isn't going to get this done.
My bill, PAVA, addresses this by bypassing the costly and time-
consuming VVSG process and calls for the EAC to establish a separate
process for testing and certifying guidelines for nonvoting election
equipment.
The bottom line, H.R. 4990 does not update HAVA, and allocates over
$100 million to the discretion of NIST, rather than investing in the
bipartisan independent government agency created by Congress. And that
agency is well-versed in elections. The EAC provides guidance, not
mandates. Keeping power at the EAC preserves States' primary and
constitutional role in administering Federal elections.
This House should work in a real, bipartisan fashion to create the
election reform that the American people deserve. I am willing and
ready whenever my colleagues on both sides of the aisle would like to
do this.
I am happy we see bipartisanship today as this bill works its way
through the process after it passes today. I certainly hope that the
sponsors and my colleagues can work with us to address some of the
concerns that I raise today.
I thank, again, Ranking Member Lucas. I will give him a glowing
recommendation, too, of nothing.
And I thank the sponsors of this bill, Ms. Sherrill and Mr. Gonzales,
for your work in this field. I would like to work with you to address
some of these concerns as we move it to the Senate. Thank you for your
time today.
Ms. SHERRILL. Madam Speaker, I yield 3 minutes to the gentlewoman
from Oklahoma (Ms. Kendra S. Horn).
Ms. KENDRA S. HORN of Oklahoma. Madam Speaker, I thank the
gentlewoman for yielding. I thank my colleagues Congresswoman Sherrill,
Ranking Member Lucas, Chairwoman Johnson, and Congressman Gonzales for
all of their work on this bill.
Madam Speaker, I rise today on behalf of H.R. 4990, the Election
Technology Research Act, a strong bipartisan bill that I am proud to
support and also proud to cosponsor.
Madam Speaker, in less than 2 months, Americans will head to the
polls and exercise their fundamental right as Americans to vote and to
have a voice in their government. Our elections are foundational to our
democracy, and Americans deserve to know that their vote is secure.
The Help America Vote Act, which became law nearly two decades ago,
included a much-needed investment in election technologies, security
systems, electronic poll books, and others supported by HAVA are in
common use today.
But as we all know, technology advances quickly, and it is critical
that our election technology advances with it. Given the varied and
widespread election technologies in use across our country, it is
vitally important that we
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examine the risks, find opportunities for modernization, and pursue
secure updates to protect the sanctity and security of our elections.
We must make investments in research to improve cybersecurity of our
voting systems. Cyber warfare is an ever-escalating program, and our
right to vote is foundational and must be protected.
This bipartisan bill will initiate important research into the
security of election technology, enabling us to take the necessary
steps for every American to trust that their vote is counted.
Madam Speaker, I am glad to support this bill and urge my colleagues
to do the same.
Mr. LUCAS. Madam Speaker, I yield myself such time as I may consume.
I thank Chairwoman Johnson, Chairwoman Sherrill, and Representative
Anthony Gonzalez for working together in a bipartisan manner to produce
measured legislation that will help secure and modernize America's
voting systems.
I encourage my colleagues to support this bill, and I yield back the
balance of my time.
Ms. SHERRILL. Madam Speaker, this is a practical, bipartisan piece of
legislation that will work to secure our elections.
The administration committee discharged this bill in February, and I
hope I can count on robust support from my colleagues there.
When the House passed the Help America Vote Act nearly 20 years ago,
we recognized that our election systems need protection. That is why
that landmark legislation included the provisions I already mentioned
to advance research, technology, and standards development for voting
systems.
We are in a new technological landscape today, and our voting systems
need to be updated accordingly, and this is the first step in that
direction.
NIST already has a team of experts working with the Election
Assistance Commission on standards for voting technology, and they are
absolutely qualified to pursue this research.
Madam Speaker, I thank my colleagues today. Thank you to
Representative Gonzalez for his work on this bill.
Madam Speaker, I yield back the balance of my time.
Mr. CASE. Madam Speaker, I rise today to voice my strong support for
H.R. 4990, the Election Technology Research Act, of which I am a proud
cosponsor.
My return to Congress in 2019 was prompted in part by my membership
in Issue One's ReFormers Caucus, a nonpartisan group of more than 200
former Members of Congress, governors, ambassadors and cabinet members.
This committed Caucus, whose slogan is ``fix democracy first'', is
focused on a range of reforms essential to returning government to the
people.
Central to these reforms are much higher and broader participation in
our elections and enhanced faith in the validity of our election
results. Election security is in turn the critical foundation of
participation and faith. It should be and largely is a universal goal,
especially given continuing, emerging and expanding threats to our
election systems.
This bipartisan measure would help ensure that our elections are
secured by the most advanced and best voting technology. It authorizes
federal research to establish and maintain the highest standards
possible, and establishes a Center of Excellence in Election Systems to
regularly and thoroughly test the security and accessibility of voting
systems and certify voting system technology.
This measure passed our House Committee on Science, Space, and
Technology with unanimous support because the Committee recognized the
critical need for federal resources and leadership on this issue. It
also was endorsed by my Blue Dog Coalition because it advances our own
commitment to national security and accessible democracy.
I thank Congresswoman Sherrill for her leadership on this important
issue, and urge full House passage.
Ms. LOFGREN. Madam Speaker, I rise in support of H.R. 4990.
Voting is the bedrock of our representative democracy. The integrity
of our election infrastructure is essential to free and fair elections.
Votes are cast and counted using a variety of systems, from hand-marked
paper ballots to direct-recording electronic machines. There is a whole
host of other technology that also supports the process, including
electronic pollbooks, voter registration databases, and other
components of comprehensive systems.
I support H.R. 4990, the Election Technology Research Act of 2019,
because it invests in science to bolster the resilience of election
technology, and commend its sponsor, Representative Sherrill, for
authoring the bill. This legislation is in keeping with other bills
this House has passed in the 116th Congress to protect our democratic
institutions, including H.R. 1 (the For the People Act), H.R. 2722 (the
SAFE Act), and H.R. 4617 (the SHIELD Act).
Russia attacked our democracy in 2016. Special Counsel Robert
Mueller's investigation confirmed that Russian GRU officers ``targeted
individuals and entities involved in the administration of the
elections. Victims included U.S. state and local entities, such as
state boards of elections (SBOEs), secretaries of state, and county
governments, as well as individuals who worked for those entities. The
GRU also targeted private technology firms responsible for
manufacturing and administering election-related software and hardware,
such as voter registration software and electronic polling stations.''
In July 2020, the Cybersecurity and Infrastructure Security Agency
(CISA) published an election infrastructure risk assessment. It found
that ``compromises to the integrity of state-level voter registration
systems, the preparation of election data (e.g., ballot programming),
vote aggregation systems, and election websites present particular risk
to the ability of jurisdictions to conduct elections.''
Our elections remain under threat from foreign adversaries. In August
2020, the Director of the United States Counterintelligence and
Security Center said that foreign states may use the 2020 elections to
``seek to compromise our election infrastructure for a range of
possible purposes, such as interfering with the voting process,
stealing sensitive data, or calling into question the validity of the
election results.''
H.R. 4990 is commonsense, bipartisan legislation that responds to
these ongoing threats. It authorizes new research and standards for
election infrastructure security. It directs the National Institute of
Standards and Technology (NIST) and the National Science Foundation
(NSF) to carry out research that will increase the understanding of
cyber and other threats to voting systems. It will lead to the
development of technology, processes, and policies for more secure and
accessible elections. This includes the cybersecurity of different
components of voting systems, end-to-end verifiable systems, voter
privacy and data protection, election auditing, interoperability of
system technologies, and ballot tracking.
Importantly, the bill also amends the Help America Vote Act to expand
the definition of voting systems to include electronic pollbooks, voter
registration databases, systems for carrying out post-election
auditing, and related technology. This will lead to improved guidance
to election administrators for these systems by the Election Assistance
Commission and its partners, which include NIST.
I am pleased to support H.R. 4990 and urge its passage.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New Jersey (Ms. Sherrill) that the House suspend the
rules and pass the bill, H.R. 4990, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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