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.....................................................................
(Original Signature of Member)

H. R. ll

115TH CONGRESS
2D SESSION

To protect elections for public office by providing financial support and
enhanced security for the infrastructure used to carry out such elections,
and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Mr. THOMPSON of Mississippi (for himself and Mr. BRADY of Pennsylvania)
introduced the following bill; which was referred to the Committee on
lllllllllllllll

A BILL
To protect elections for public office by providing financial
support and enhanced security for the infrastructure
used to carry out such elections, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4

(a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Election Security Act’’.
6

(b) TABLE

OF

CONTENTS.—The table of contents of

7 this Act is as follows:
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2
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress on need to improve election infrastructure security.
TITLE I—FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE
Subtitle A—Voting System Security Improvement Grants
Sec. 101. Voting system security grants.
Sec. 102. Coordination of voting system security activities with use of requirements payments and election administration requirements
under Help America Vote Act of 2002.
Sec. 103. Incorporation of definition of election infrastructure.
Subtitle B—Grants for Risk-limiting Audits of Results
Sec. 111. Grants to States for conducting risk-limiting audits of results of elections.
Sec. 112. GAO analysis of effects of audits.
Subtitle C—Election Infrastructure Innovation Grant Program
Sec. 121. Election infrastructure innovation grant program.
TITLE II—SECURITY MEASURES
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.

Election infrastructure designation.
Timely threat information.
Security clearance assistance for election officials.
Pre-election threat assessments.
Security risk and vulnerability assessments.
Annual Report.

TITLE III—ENHANCING PROTECTIONS FOR UNITED STATES
DEMOCRATIC INSTITUTIONS
Sec. 301. National strategy to protect United States democratic institutions.
Sec. 302. National Commission to Protect United States Democratic Institutions.
TITLE IV—MISCELLANEOUS PROVISIONS
Sec. 401. Definitions.
Sec. 402. Initial report on adequacy of resources available for implementation.

1

SEC. 2. SENSE OF CONGRESS ON NEED TO IMPROVE ELEC-

2
3

TION INFRASTRUCTURE SECURITY.

It is the sense of Congress that, in light of the lessons

4 learned from Russian interference in the 2016 Presi5 dential election, the Federal Government should intensify
6 its efforts to improve the security of election infrastructure
7 in the United States, including through the use of indiG:\VHLC\021418\021418.006.xml
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3
1 vidual, durable, paper ballots marked by the voter by
2 hand.

7

TITLE I—FINANCIAL SUPPORT
FOR ELECTION INFRASTRUCTURE
Subtitle A—Voting System Security
Improvement Grants

8

SEC. 101. VOTING SYSTEM SECURITY GRANTS.

3
4
5
6

9

(a) AVAILABILITY

OF

GRANTS.—Subtitle D of title

10 II of the Help America Vote Act of 2002 (52 U.S.C.
11 21001 et seq.) is amended by adding at the end the fol12 lowing new part:
13 ‘‘PART 7—GRANTS FOR OBTAINING PAPER BAL14

LOT VOTING SYSTEMS AND CARRYING OUT

15

VOTING SYSTEM IMPROVEMENTS

16

‘‘SEC. 297. GRANTS FOR OBTAINING PAPER BALLOT VOTING

17

SYSTEMS AND CARRYING OUT VOTING SYS-

18

TEM SECURITY IMPROVEMENTS.

19

‘‘(a) AVAILABILITY

AND

USE

OF

GRANT.—The Com-

20 mission shall make a grant to each eligible State—
21

‘‘(1) to replace voting systems which are not

22

qualified paper ballot voting systems with voting sys-

23

tems which are qualified paper ballot voting systems,

24

for use in the regularly scheduled general elections

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4
1

for Federal office held in November 2018, in accord-

2

ance with section 297A; and

3

‘‘(2) to carry out voting system security im-

4

provements described in section 297B with respect

5

to the regularly scheduled general elections for Fed-

6

eral office held in November 2018 and each suc-

7

ceeding election for Federal office.

8

‘‘(b) AMOUNT

OF

GRANT.—The amount of a grant

9 made to a State under this section shall be such amount
10 as the Commission determines to be appropriate, except
11 that such amount may not be less than the product of
12 $1 and the average of the number of individuals who cast
13 votes in any of the two most recent regularly scheduled
14 general elections for Federal office held in the State.
15

‘‘(c) PRO RATA REDUCTIONS.—If the amount of

16 funds appropriated for grants under this part is insuffi17 cient to ensure that each State receives the amount of the
18 grant calculated under subsection (b), the Commission
19 shall make such pro rata reductions in such amounts as
20 may be necessary to ensure that the entire amount appro21 priated under this part is distributed to the States.
22

‘‘SEC. 297A. QUALIFIED PAPER BALLOT VOTING SYSTEMS.

23

‘‘(a) USE

OF

FUNDS

TO

OBTAIN SYSTEMS.—A State

24 may use a grant under this part—

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5
1

‘‘(1) to replace a voting system which is not a

2

qualified paper ballot voting systems with a qualified

3

paper ballot voting system; or

4

‘‘(2) to replace a qualified paper voting system

5

which is not in compliance with the most recent vol-

6

untary voting system guidelines issued by the Com-

7

mission prior to the regularly scheduled general elec-

8

tion for Federal office held in November 2018 with

9

another qualified paper voting system which is in

10

compliance with such guidelines.

11

‘‘(b) DEFINITION.—

12

‘‘(1) IN

this part, a ‘qualified

13

paper ballot voting system’ is a voting system which

14

requires the use of an individual, durable, paper bal-

15

lot marked by the voter by hand.

16

‘‘(2) ACCESSIBILITY

17

UALS WITH DISABILITIES.—A

18

individuals with disabilities, and others, may be

19

treated as a qualified paper ballot voting system for

20

purposes of this part if the system provides an indi-

21

vidual with an equivalent opportunity, including with

22

privacy and independence, to vote in a manner that

23

produces a paper ballot of the vote as for other vot-

24

ers.

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GENERAL.—In

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6
1

‘‘SEC. 297B. VOTING SYSTEM SECURITY IMPROVEMENTS

2
3

DESCRIBED.

‘‘(a) PERMITTED USES.—A voting system security

4 improvement described in this section is any of the fol5 lowing:
6

‘‘(1) The acquisition of goods and services from

7

qualified election infrastructure vendors by purchase,

8

lease, or such other arrangements as may be appro-

9

priate.

10

‘‘(2) Cyber and risk mitigation training.

11

‘‘(3) A security risk and vulnerability assess-

12

ment of the State’s election infrastructure which is

13

carried out by a provider of cybersecurity services

14

under a contract entered into between the chief

15

State election official and the provider.

16

‘‘(4) The maintenance of election infrastruc-

17

ture, including addressing risks and vulnerabilities

18

which are identified under either of the security risk

19

and vulnerability assessments described in para-

20

graph (3), except that none of the funds provided

21

under this part may be used to renovate or replace

22

a building or facility which is used primarily for pur-

23

poses other than the administration of elections for

24

public office.

25

‘‘(5) Providing increased technical support for

26

any information technology infrastructure that the

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7
1

chief State election official deems to be part of the

2

State’s election infrastructure or designates as crit-

3

ical to the operation of the State’s election infra-

4

structure.

5

‘‘(6) Enhancing the cybersecurity and oper-

6

ations of the information technology infrastructure

7

described in paragraph (4).

8

‘‘(7) Enhancing the cybersecurity of voter reg-

9

istration systems.

10
11

‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VENDORS

DESCRIBED.—

12

‘‘(1) IN

purposes of this part,

13

a ‘qualified election infrastructure vendor’ is any

14

person who provides, supports, or maintains, or who

15

seeks to provide, support, or maintain, election in-

16

frastructure on behalf of a State, unit of local gov-

17

ernment, or election agency (as defined in section

18

401 of the Election Security Act) who meets the cri-

19

teria described in paragraph (2).

20

‘‘(2) CRITERIA.—The criteria described in this

21

paragraph are such criteria as the Chairman, in co-

22

ordination with the Secretary of Homeland Security,

23

shall establish and publish, and shall include each of

24

the following requirements:

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GENERAL.—For

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8
1

‘‘(A) The vendor must be owned and con-

2

trolled by a citizen or permanent resident of the

3

United States.

4

‘‘(B) The vendor must disclose to the

5

Chairman and the Secretary, and to the chief

6

State election official of any State to which the

7

vendor provides any goods and services with

8

funds provided under this part, of any sourcing

9

outside the United States for parts of the elec-

10

tion infrastructure.

11

‘‘(C) The vendor agrees to ensure that the

12

election infrastructure will be developed and

13

maintained in a manner that is consistent with

14

the cybersecurity best practices provided by the

15

Chairman in coordination with the Secretary.

16

‘‘(D) The vendor agrees to maintain its in-

17

formation technology infrastructure in a man-

18

ner that is consistent with the cybersecurity

19

best practices provided by the Chairman in co-

20

ordination with the Secretary.

21

‘‘(E) The vendor agrees to report any

22

known or suspected security incidents involving

23

election infrastructure to the chief State elec-

24

tion official of the State involved or the offi-

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9
1

cial’s designee, the Chairman, and the Sec-

2

retary.

3

‘‘SEC. 297C. ELIGIBILITY OF STATES.

4

‘‘A State is eligible to receive a grant under this part

5 if the State submits to the Commission, at such time and
6 in such form as the Commission may require, an applica7 tion containing—
8

‘‘(1) a description of how the State will use the

9

grant to carry out the activities authorized under

10

this part;

11

‘‘(2) a certification and assurance that, not

12

later than 5 years after receiving the grant, the

13

State will carry out risk-limiting audits of the re-

14

sults of elections for Federal office held in the State,

15

as described in section 298(b); and

16

‘‘(3) such other information and assurances as

17
18

the Commission may require.
‘‘SEC. 297D. REPORTS TO CONGRESS.

19

‘‘Not later than 90 days after the end of each fiscal

20 year, the Commission shall submit a report to the appro21 priate congressional committees, including the Committees
22 on Homeland Security and House Administration of the
23 House of Representatives and the Committees on Home24 land Security and Governmental Affairs and Rules and

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10
1 Administration of the Senate, on the activities carried out
2 with the funds provided under this part.
3

‘‘SEC. 297E. AUTHORIZATION OF APPROPRIATIONS.

4

‘‘(a) AUTHORIZATION.—There are authorized to be

5 appropriated for grants under this part—
6

‘‘(1) $1,000,000,000 for fiscal year 2018; and

7

‘‘(2) $175,000,000 for each of the fiscal years

8

2019, 2021, 2023, and 2025.

9

‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any

10 amounts appropriated pursuant to the authorization of
11 this section shall remain available until expended.’’.
12

(b) CLERICAL AMENDMENT.—The table of contents

13 of such Act is amended by adding at the end of the items
14 relating to subtitle D of title II the following:
‘‘PART 7—GRANTS FOR OBTAINING PAPER BALLOT VOTING SYSTEMS
CARRYING OUT VOTING SYSTEM IMPROVEMENTS

AND

‘‘Sec. 297. Grants for obtaining paper ballot voting systems and carrying
out voting system security improvements.
‘‘Sec. 297A. Qualified paper ballot voting systems.
‘‘Sec. 297B. Voting system security improvements described.
‘‘Sec. 297C. Eligibility of States.
‘‘Sec. 297D. Reports to Congress.
‘‘Sec. 297E. Authorization of appropriations.

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11
1

SEC. 102. COORDINATION OF VOTING SYSTEM SECURITY

2

ACTIVITIES WITH USE OF REQUIREMENTS

3

PAYMENTS AND ELECTION ADMINISTRATION

4

REQUIREMENTS

5

VOTE ACT OF 2002.

6
7

(a) DUTIES
SION.—Section

UNDER

HELP

AMERICA

ELECTION ASSISTANCE COMMIS-

OF

202 of the Help America Vote Act of 2002

8 (52 U.S.C. 20922) is amended in the matter preceding
9 paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se10 curity of election infrastructure by’’.
11

(b) MEMBERSHIP

12

CURITY ON

13

ANCE

BOARD

OF

OF

SECRETARY

ADVISORS

OF

OF

HOMELAND SE-

ELECTION ASSIST-

COMMISSION.—Section 214(a) of such Act (52

14 U.S.C. 20944(a)) is amended—
15

(1) by striking ‘‘37 members’’ and inserting

16

‘‘38 members’’; and

17

(2) by adding at the end the following new

18

paragraph:

19

‘‘(17) The Secretary of Homeland Security or

20

the Secretary’s designee.’’.

21

(c) REPRESENTATIVE

OF

DEPARTMENT

OF

HOME-

22

LAND

SECURITY

23

MENT

COMMITTEE.—Section 221(c)(1) of such Act (52

ON

TECHNICAL GUIDELINES DEVELOP-

24 U.S.C. 20961(c)(1)) is amended—
25
26

(1) by redesignating subparagraph (E) as subparagraph (F); and

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12
1

(2) by inserting after subparagraph (D) the fol-

2

lowing new subparagraph:

3

‘‘(E) A representative of the Department

4

of Homeland Security.’’.

5

(d) GOALS

OF

PERIODIC STUDIES

6

MINISTRATION ISSUES;

7

OF

OF

ELECTION AD-

CONSULTATION WITH SECRETARY

HOMELAND SECURITY.—Section 241(a) of such Act

8 (52 U.S.C. 20981(a)) is amended—
9

(1) in the matter preceding paragraph (1), by

10

striking ‘‘the Commission shall’’ and inserting ‘‘the

11

Commission, in consultation with the Secretary of

12

Homeland Security (as appropriate), shall’’;

13
14

(2) by striking ‘‘and’’ at the end of paragraph
(3);

15
16

(3) by redesignating paragraph (4) as paragraph (5); and

17
18

(4) by inserting after paragraph (3) the following new paragraph:

19

‘‘(4) will be secure against attempts to under-

20

mine the integrity of election systems by cyber or

21

other means; and’’.

22

(e) REQUIREMENTS PAYMENTS.—

23
24

(1) USE

SECURITY IMPROVEMENTS.—Section

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13
1

Act (52 U.S.C. 21001(b)) is amended by adding at

2

the end the following new paragraph:

3

‘‘(3) PERMITTING

4

ING SYSTEM SECURITY IMPROVEMENTS.—A

5

may use a requirements payment to carry out any

6

of the following activities:

State

7

‘‘(A) Cyber and risk mitigation training.

8

‘‘(B) Providing increased technical support

9

for any information technology infrastructure

10

that the chief State election official deems to be

11

part of the State’s election infrastructure or

12

designates as critical to the operation of the

13

State’s election infrastructure.

14

‘‘(C) Enhancing the cybersecurity and op-

15

erations of the information technology infra-

16

structure described in subparagraph (B).

17

‘‘(D) Enhancing the security of voter reg-

18

istration databases.’’.

19

(2) INCORPORATION

OF

ELECTION

INFRA-

20

STRUCTURE PROTECTION IN STATE PLANS FOR USE

21

OF PAYMENTS.—Section

22

U.S.C. 21004(a)(1)) is amended by striking the pe-

23

riod at the end and inserting ‘‘, including the protec-

24

tion of election infrastructure.’’.

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14
1

(3) COMPOSITION

OF COMMITTEE RESPONSIBLE

2

FOR DEVELOPING STATE PLAN FOR USE OF PAY-

3

MENTS.—Section

4

21005) is amended—

5

255 of such Act (52 U.S.C.

(A) by redesignating subsection (b) as sub-

6

section (c); and

7

(B) by inserting after subsection (a) the

8

following new subsection:

9

‘‘(b) GEOGRAPHIC REPRESENTATION.—The mem-

10 bers of the committee shall be a representative group of
11 individuals from the State’s counties, cities, towns, and
12 Indian tribes, and shall represent the needs of rural as
13 well as urban areas of the State, as the case may be.’’.
14

(f) ENSURING PROTECTION

15 STATEWIDE

VOTER

OF

COMPUTERIZED

REGISTRATION

LIST.—Section

16 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend17 ed by striking the period at the end and inserting ‘‘, as
18 well as other measures to prevent and deter cybersecurity
19 incidents, as identified by the Commission and the Sec20 retary of Homeland Security.’’.
21

SEC. 103. INCORPORATION OF DEFINITION OF ELECTION

22
23

INFRASTRUCTURE.

(a) IN GENERAL.—Section 901 of the Help America

24 Vote Act of 2001 (52 U.S.C. 21141) is amended to read
25 as follows:

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15
1

‘‘SEC. 901. DEFINITIONS.

2

‘‘In this Act, the following definitions apply:

3

‘‘(1) The term ‘election infrastructure’ has the

4

meaning given such term in section 401 of the Elec-

5

tion Security Act.

6

‘‘(2) The term ‘State’ means each of the several

7

States, the District of Columbia, the Commonwealth

8

of Puerto Rico, Guam, American Samoa, and the

9

United States Virgin Islands.’’.

10

(b) CLERICAL AMENDMENT.—The table of contents

11 of such Act is amended by amending the item relating to
12 section 901 to read as follows:
‘‘Sec. 901. Definitions.’’.

14

Subtitle B—Grants for Risklimiting Audits of Results

15

SEC. 111. GRANTS TO STATES FOR CONDUCTING RISK-LIM-

13

16
17

ITING AUDITS OF RESULTS OF ELECTIONS.

(a) AVAILABILITY

OF

GRANTS.—Subtitle D of title

18 II of the Help America Vote Act of 2002 (52 U.S.C.
19 21001 et seq.), as amended by section 101(a), is further
20 amended by adding at the end the following new part:

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16
1

‘‘PART 8—GRANTS FOR CONDUCTING RISK-

2

LIMITING AUDITS OF RESULTS OF ELECTIONS

3

‘‘SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AU-

4
5

DITS OF RESULTS OF ELECTIONS.

‘‘(a) AVAILABILITY

OF

GRANTS.—The Commission

6 shall make a grant to each eligible State to conduct risk7 limiting audits as described in subsection (b) with respect
8 to the regularly scheduled general elections for Federal of9 fice held in November 2018 and each succeeding election
10 for Federal office.
11

‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this

12 part, a risk-limiting audit is a manual tally of certain
13 marked paper ballots cast in an election which is con14 ducted in accordance with an audit protocol that—
15

‘‘(1) makes use of statistical methods and is de-

16

signed to limit to acceptable levels the risk of certi-

17

fying a preliminary election outcome that is incon-

18

sistent with the election outcome that would be ob-

19

tained by conducting a full recount; and

20

‘‘(2) provides for the selection of the election re-

21

sults that will be subject to the audit in accordance

22

with procedures established by the chief State elec-

23

tion official of the State under which the results of

24

all contested elections are eligible to be selected for

25

auditing.

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17
1

‘‘SEC. 298A. ELIGIBILITY OF STATES.

2

‘‘A State is eligible to receive a grant under this part

3 if the State submits to the Commission, at such time and
4 in such form as the Commission may require, an applica5 tion containing—
6

‘‘(1) a certification that the State will conduct

7

risk-limiting audits of the results of elections for

8

Federal office as described in section 298; and

9

‘‘(2) such other information and assurances as

10
11

the Commission may require.
‘‘SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.

12

‘‘There are authorized to be appropriated for grants

13 under this part $20,000,000 for fiscal year 2018, to re14 main available until expended.’’.
15

(b) CLERICAL AMENDMENT.—The table of contents

16 of such Act, as amended by section 101(b), is further
17 amended by adding at the end of the items relating to
18 subtitle D of title II the following:
‘‘PART 8—GRANTS

FOR

CONDUCTING RISK-LIMITING AUDITS
OF ELECTIONS

OF

RESULTS

‘‘Sec. 298. Grants for conducting risk-limiting audits of results of elections.
‘‘Sec. 298A. Eligibility of States.
‘‘Sec. 298B. Authorization of appropriations.

19

SEC. 112. GAO ANALYSIS OF EFFECTS OF AUDITS.

20

(a) ANALYSIS.—Not later than 6 months after the

21 first election for Federal office is held after grants are
22 first awarded to States for conducting risk-limiting under
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18
1 part 8 of subtitle D of title II of the Help America Vote
2 Act of 2002 (as added by section 111) for conducting risk3 limiting audits of elections for Federal office, the Comp4 troller General of the United States shall conduct an anal5 ysis of the extent to which such audits have improved the
6 administration of such elections and the security of elec7 tion infrastructure in the States receiving such grants.
8

(b) REPORT.—The Comptroller General of the

9 United States shall submit a report on the analysis con10 ducted under subsection (a) to each of the following Com11 mittees:
12

(1) The Committee on Homeland Security of

13

the House of Representatives.

14

(2) The Committee on House Administration

15

the House of Representatives.

16

(3) The Committee on Homeland Security and

17

Governmental Affairs of the Senate.

18

(4) The Committee on Rules and Administra-

19

tion of the Senate.

21

Subtitle C—Election Infrastructure
Innovation Grant Program

22

SEC.

20

121.

23
24

ELECTION

INFRASTRUCTURE

INNOVATION

GRANT PROGRAM.

(a) IN GENERAL.—Title III of the Homeland Secu-

25 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended—

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19
1

(1) by redesignating the second section 319 (re-

2

lating to EMP and GMD mitigation research and

3

development) as section 320; and

4

(2) by adding at the end the following new sec-

5
6

tion:
‘‘SEC.

321.

7
8

ELECTION

INFRASTRUCTURE

INNOVATION

GRANT PROGRAM.

‘‘(a)

ESTABLISHMENT.—The

Secretary,

acting

9 through the Under Secretary for Science and Technology,
10 in coordination with the Chairman of the Election Assist11 ance Commission (established pursuant to the Help Amer12 ica Vote Act of 2002) and in consultation with the Direc13 tor of the National Science Foundation, shall establish a
14 competitive grant program to award grants to eligible enti15 ties, on a competitive basis, for purposes of research and
16 development that are determined to have the potential to
17 significantly to improve the security (including cybersecu18 rity), quality, reliability, accuracy, accessibility, and af19 fordability of election infrastructure.
20

‘‘(b) REPORT TO CONGRESS.—Not later than 90 days

21 after the conclusion of each fiscal year for which grants
22 are awarded under this section, the Secretary shall submit
23 to the Committee on Homeland Security and the Com24 mittee on House Administration of the House of Rep25 resentatives and the Committee on Homeland Security

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20
1 and Governmental Affairs and the Committee on Rules
2 and Administration of the Senate a report describing such
3 grants and analyzing the impact, if any, of such grants
4 on the security and operation of election infrastructure.
5

‘‘(c) AUTHORIZATION

OF

APPROPRIATIONS.—There

6 is authorized to be appropriated to the Secretary
7 $6,250,000 for each of fiscal years 2018 through 2026
8 for purposes of carrying out this section.
9

‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section,

10 the term ‘eligible entity’ means—
11

‘‘(1) an institution of higher education (as de-

12

fined in section 101(a) of the Higher Education Act

13

of 1965 (20 U.S.C. 1001(a)), including an institu-

14

tion of higher education that is a historically Black

15

college or university (which has the meaning given

16

the term ‘‘part B institution’’ in section 322 of such

17

Act (20 U.S.C. 1061)) or other minority-serving in-

18

stitution listed in section 371(a) of such Act (20

19

U.S.C. 1067q(a));

20

‘‘(2) an organization described in section

21

501(c)(3) of the Internal Revenue Code of 1986 and

22

exempt from tax under section 501(a) of such Code;

23

or

24

‘‘(3) an organization, association, or a for-profit

25

company, including a small business concern (as

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21
1

such term is defined under section 3 of the Small

2

Business Act (15 U.S.C. 632)), including a small

3

business concern owned and controlled by socially

4

and economically disadvantaged individuals as de-

5

fined under section 8(d)(3)(C) of the Small Business

6

Act (15 U.S.C. 637(d)(3)(C)).’’.

7

(b) DEFINITION.—Section 2 of the Homeland Secu-

8 rity Act of 2002 (6 U.S.C. 101) is amended—
9

(1) by redesignating paragraphs (6) through

10

(20) as paragraphs (7) through (21), respectively;

11

and

12
13

(2) by inserting after paragraph (5) the following new paragraph:

14

‘‘(6) ELECTION

term

15

‘election infrastructure’ means storage facilities,

16

polling places, and centralized vote tabulation loca-

17

tions used to support the administration of elections

18

for public office, as well as related information and

19

communications technology, including voter registra-

20

tion databases, voting machines, electronic mail and

21

other communications systems (including electronic

22

mail and other systems of vendors who have entered

23

into contracts with election agencies to support the

24

administration of elections, manage the election

25

process, and report and display election results), and

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INFRASTRUCTURE.—The

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22
1

other systems used to manage the election process

2

and to report and display election results on behalf

3

of an election agency.’’.

4

(c) CLERICAL AMENDMENT.—The table of contents

5 in section 1(b) of the Homeland Security Act of 2002 is
6 amended by striking both items relating to section 319
7 and the item relating to section 318 and inserting the fol8 lowing new items:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

Social media working group.
Transparency in research and development.
EMP and GMD mitigation research and development.
Election infrastructure innovation grant program.’’.

TITLE II—SECURITY MEASURES

9
10

318.
319.
320.
321.

SEC. 201. ELECTION INFRASTRUCTURE DESIGNATION.

11

Subparagraph (J) of section 2001(3) of the Home-

12 land Security Act of 2002 (6 U.S.C. 601(3)) is amended
13 by inserting ‘‘, including election infrastructure’’ before
14 the period at the end.
15

SEC. 202. TIMELY THREAT INFORMATION.

16

Subsection (d) of section 201 of the Homeland Secu-

17 rity Act of 2002 (6 U.S.C. 121) is amended by adding
18 at the end the following new paragraph:
19

‘‘(27) To provide timely threat information re-

20

garding election infrastructure to the chief State

21

election official of the State with respect to which

22

such information pertains.’’.

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23
1

SEC. 203. SECURITY CLEARANCE ASSISTANCE FOR ELEC-

2

TION OFFICIALS.

3

In order to promote the timely sharing of information

4 on threats to election infrastructure, the Secretary may—
5

(1) help expedite a security clearance for the

6

chief State election official and other appropriate

7

State personnel involved in the administration of

8

elections, as designated by the chief State election

9

official;

10

(2) sponsor a security clearance for the chief

11

State election official and other appropriate State

12

personnel involved in the administration of elections,

13

as designated by the chief State election official; and

14

(3) facilitate the issuance of a temporary clear-

15

ance to the chief State election official and other ap-

16

propriate State personnel involved in the administra-

17

tion of elections, as designated by the chief State

18

election official, if the Secretary determines classi-

19

fied information to be timely and relevant to the

20

election infrastructure of the State at issue.

21

SEC. 204. PRE-ELECTION THREAT ASSESSMENTS.

22

(a) SUBMISSION

OF

ASSESSMENT

BY

DNI.—Not

23 later than 180 days before the date of each regularly
24 scheduled general election for Federal office, the Director
25 of National Intelligence shall submit an assessment of the
26 full scope of threats to election infrastructure, including
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24
1 cybersecurity threats posed by state actors and terrorist
2 groups, and recommendations to address or mitigate the
3 threats, as developed by the Secretary and Chairman, to—
4

(1) the chief State election official of each

5

State;

6

(2) the Committees on Homeland Security and

7

House Administration of the House of Representa-

8

tives and the Committees on Homeland Security and

9

Governmental Affairs and Rules and Administration

10

of the Senate; and

11

(3) any other appropriate congressional com-

12

mittees.

13

(b) EFFECTIVE DATE.—Subsection (a) shall apply

14 with respect to the regularly scheduled general election for
15 Federal office held in November 2018 and each succeeding
16 regularly scheduled general election for Federal office.
17

SEC. 205. SECURITY RISK AND VULNERABILITY ASSESS-

18

MENTS.

19

(a) IN GENERAL.—Paragraph (6) of section 227(c)

20 of the Homeland Security Act of 2002 (6 U.S.C. 148(c))
21 is amended by inserting ‘‘(including by carrying out a se22 curity risk and vulnerability assessment)’’ after ‘‘risk
23 management support’’.
24
25

(b) PRIORITIZATION

ENHANCE ELECTION SECU-

RITY.—

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25
1

(1) IN

GENERAL.—Not

later than 90 days after

2

receiving a written request from a chief State elec-

3

tion official, the Secretary shall, to the extent prac-

4

ticable, commence a security risk and vulnerability

5

assessment (pursuant to paragraph (6) of section

6

227(c) of the Homeland Security Act of 2002, as

7

amended by subsection (a)) on election infrastruc-

8

ture in the State at issue.

9

(2) NOTIFICATION.—If the Secretary, upon re-

10

ceipt of a request described in paragraph (1), deter-

11

mines that a security risk and vulnerability assess-

12

ment cannot be commenced within 90 days, the Sec-

13

retary shall expeditiously notify the chief State elec-

14

tion official who submitted such request.

15

SEC. 206. ANNUAL REPORT.

16

Not later than one year after the date of the enact-

17 ment of this Act and annually thereafter through 2026,
18 the Secretary shall submit to the Committee on Homeland
19 Security and the Committee on House Administration of
20 the House of Representatives and the Committee on
21 Homeland Security and Governmental Affairs and the
22 Committee on Rules and Administration of the Senate a
23 report on—
24

(1) efforts to carry out section 203 during the

25

prior year, including specific information on which

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26
1

States were helped, how many officials have been

2

helped in each State, how many security clearances

3

have been sponsored in each State, and how many

4

temporary clearances have been issued in each State;

5

and

6

(2) efforts to carry out section 205 during the

7

prior year, including specific information on which

8

States were helped, the dates on which the Secretary

9

received a request for a security risk and vulner-

10

ability assessment pursuant to such section, the

11

dates on which the Secretary commenced each such

12

request, and the dates on which the Secretary trans-

13

mitted a notification in accordance with subsection

14

(b)(2) of such section.

17

TITLE III—ENHANCING PROTECTIONS FOR UNITED STATES
DEMOCRATIC INSTITUTIONS

18

SEC. 301. NATIONAL STRATEGY TO PROTECT UNITED

15
16

19

STATES DEMOCRATIC INSTITUTIONS.

20

(a) IN GENERAL.—Not later than one year after the

21 date of the enactment of this Act, the President, acting
22 through the Secretary, in consultation with the Chairman,
23 the Secretary of Defense, the Secretary of State, the At24 torney General, the Secretary of Education, the Director
25 of National Intelligence, the Chairman of the Federal

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27
1 Election Commission, and the heads of any other appro2 priate Federal agencies, shall issue a national strategy to
3 protect against cyber attacks, influence operations,
4 disinformation campaigns, and other activities that could
5 undermine the security and integrity of United States
6 democratic institutions.
7

(b) CONSIDERATIONS.—The national strategy re-

8 quired under subsection (a) shall include consideration of
9 the following:
10

(1) The threat of a foreign state actor, foreign

11

terrorist organization (as designated pursuant to

12

section 219 of the Immigration and Nationality Act

13

(8 U.S.C. 1189)), or a domestic actor carrying out

14

a cyber attack, influence operation, disinformation

15

campaign, or other activity aimed at undermining

16

the security and integrity of United States demo-

17

cratic institutions.

18

(2) The extent to which United States demo-

19

cratic institutions are vulnerable to a cyber attack,

20

influence operation, disinformation campaign, or

21

other activity aimed at undermining the security and

22

integrity of such democratic institutions.

23

(3) Potential consequences, such as an erosion

24

of public trust or an undermining of the rule of law,

25

that could result from a successful cyber attack, in-

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28
1

fluence operation, disinformation campaign, or other

2

activity aimed at undermining the security and in-

3

tegrity of United States democratic institutions.

4

(4) Lessons learned from other Western govern-

5

ments the institutions of which were subject to a

6

cyber attack, influence operation, disinformation

7

campaign, or other activity aimed at undermining

8

the security and integrity of such institutions, as

9

well as actions that could be taken by the United

10

States Government to bolster collaboration with for-

11

eign partners to detect, deter, prevent, and counter

12

such activities.

13

(5) Potential impacts such as an erosion of

14

public trust in democratic institutions as could be

15

associated with a successful cyber breach or other

16

activity negatively-affecting election infrastructure.

17

(6) Roles and responsibilities of the Secretary,

18

the Chairman, and the heads of other Federal enti-

19

ties and non-Federal entities, including chief State

20

election officials and representatives of multi-state

21

information sharing and analysis center.

22

(7) Any findings, conclusions, and recommenda-

23

tions to strengthen protections for United States

24

democratic institutions that have been agreed to by

25

a majority of Commission members on the National

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29
1

Commission to Protect United States Democratic

2

Institutions, authorized pursuant to section 302.

3

(c) IMPLEMENTATION PLAN.—Not later than 90

4 days after the issuance of the national strategy required
5 under subsection (a), the President, acting through the
6 Secretary, in coordination with the Chairman, shall issue
7 an implementation plan for Federal efforts to implement
8 such strategy that includes the following:
9

(1) Strategic objectives and corresponding

10

tasks.

11

(2) Projected timelines and costs for the tasks

12

referred to in paragraph (1).

13

(3) Metrics to evaluate performance of such

14

tasks.

15

(d) CLASSIFICATION.—The national strategy re-

16 quired under subsection (a) shall be in unclassified form
17 but may contain a classified annex.
18

SEC. 302. NATIONAL COMMISSION TO PROTECT UNITED

19

STATES DEMOCRATIC INSTITUTIONS.

20

(a) ESTABLISHMENT.—There is established within

21 the legislative branch the National Commission to Protect
22 United States Democratic Institutions (hereafter in this
23 section referred to as the ‘‘Commission’’).

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30
1

(b) PURPOSE.—The purpose of the Commission is to

2 counter efforts to undermine democratic institutions with3 in the United States.
4

(c) COMPOSITION.—

5

(1) MEMBERSHIP.—The Commission shall be

6

composed of 10members appointed for the life of the

7

Commission as follows:

8

(A) One member shall be appointed by the

9

Secretary.

10

(B) One member shall be appointed by the

11

Chairman.

12

(C) 2 members shall be appointed by the

13

majority leader of the Senate, in consultation

14

with the Chairman of the Committee on Home-

15

land Security and Governmental Affairs and the

16

Chairman of the Committee on Rules and Ad-

17

ministration.

18

(D) 2 members shall be appointed by the

19

minority leader of the Senate, in consultation

20

with the ranking minority member of the Com-

21

mittee on Homeland Security and Govern-

22

mental Affairs and the ranking minority mem-

23

ber of the Committee on Rules and Administra-

24

tion.

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31
1

(E) 2 members shall be appointed by the

2

Speaker of the House of Representatives, in

3

consultation with the Chairman of the Com-

4

mittee on Homeland Security and the Chairman

5

of the Committee on House Administration.

6

(F) 2 members shall be appointed by the

7

minority leader of the House of Representa-

8

tives, in consultation with the ranking minority

9

member of the Committee on Homeland Secu-

10

rity and the ranking minority member of the

11

Committee on House Administration.

12

(2) QUALIFICATIONS.—Individuals shall be se-

13

lected for appointment to the Commission solely on

14

the basis of their professional qualifications, achieve-

15

ments, public stature, experience, and expertise in

16

relevant fields, including, but not limited to cyberse-

17

curity, national security, and the Constitution of the

18

United States.

19

(3) NO

20

bers shall not receive compensation for service on

21

the Commission, but shall receive travel expenses,

22

including per diem in lieu of subsistence, in accord-

23

ance with chapter 57 of title 5, United States Code.

24
25

(4) DEADLINE

09:44 Feb 14, 2018

FOR APPOINTMENT.—All

mem-

bers of the Commission shall be appointed no later

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32
1

than 60 days after the date of the enactment of this

2

Act.

3

(5) VACANCIES.—A vacancy on the Commission

4

shall not affect its powers and shall be filled in the

5

manner in which the original appointment was

6

made. The appointment of the replacement member

7

shall be made not later than 60 days after the date

8

on which the vacancy occurs.

9

(d) CHAIR

AND

VICE CHAIR.—The Commission shall

10 elect a Chair and Vice Chair from among its members.
11

(e) QUORUM AND MEETINGS.—

12

(1) QUORUM.—The Commission shall meet and

13

begin the operations of the Commission not later

14

than 30 days after the date on which all members

15

have been appointed or, if such meeting cannot be

16

mutually agreed upon, on a date designated by the

17

Speaker of the House of Representatives and the

18

President pro Tempore of the Senate. Each subse-

19

quent meeting shall occur upon the call of the Chair

20

or a majority of its members. A majority of the

21

members of the Commission shall constitute a

22

quorum, but a lesser number may hold meetings.

23

(2) AUTHORITY

24

COMMISSION.—Any

25

if authorized by the Commission, take any action

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1

that the Commission is authorized to take under this

2

section.

3

(f) POWERS.—

4

(1) HEARINGS

Commis-

5

sion (or, on the authority of the Commission, any

6

subcommittee or member thereof) may, for the pur-

7

pose of carrying out this section, hold hearings and

8

sit and act at such times and places, take such testi-

9

mony, receive such evidence, and administer such

10

oaths as the Commission considers advisable to

11

carry out its duties.

12

(2) CONTRACTING.—The Commission may, to

13

such extent and in such amounts as are provided in

14

appropriation Acts, enter into contracts to enable

15

the Commission to discharge its duties under this

16

section.

17

(g) ASSISTANCE FROM FEDERAL AGENCIES.—

18

(1) GENERAL

SERVICES

ADMINISTRATION.—

19

The Administrator of General Services shall provide

20

to the Commission on a reimbursable basis adminis-

21

trative support and other services for the perform-

22

ance of the Commission’s functions.

23

(2) OTHER

DEPARTMENTS AND AGENCIES.—In

24

addition to the assistance provided under paragraph

25

(1), the Department of Homeland Security, the

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AND EVIDENCE.—The

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1

Election Assistance Commission, and other appro-

2

priate departments and agencies of the United

3

States shall provide to the Commission such serv-

4

ices, funds, facilities, and staff as they may deter-

5

mine advisable and as may be authorized by law.

6

(h) PUBLIC MEETINGS.—Any public meetings of the

7 Commission shall be conducted in a manner consistent
8 with the protection of information provided to or developed
9 for or by the Commission as required by any applicable
10 statute, regulation, or Executive order.
11

(i) SECURITY CLEARANCES.—

12

(1) IN

heads of appropriate

13

departments and agencies of the executive branch

14

shall cooperate with the Commission to expeditiously

15

provide Commission members and staff with appro-

16

priate security clearances to the extent possible

17

under applicable procedures and requirements.

18

(2) PREFERENCES.—In appointing staff, ob-

19

taining detailees, and entering into contracts for the

20

provision of services for the Commission, the Com-

21

mission shall give preference to individuals otherwise

22

who have active security clearances.

23

(j) REPORTS.—

24
25

(1) INTERIM

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REPORTS.—At

any time prior to

the submission of the final report under paragraph

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GENERAL.—The

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35
1

(2), the Commission may submit interim reports to

2

the President and Congress such findings, conclu-

3

sions, and recommendations to strengthen protec-

4

tions for democratic institutions in the United

5

States as have been agreed to by a majority of the

6

members of the Commission.

7

(2) FINAL

later than 18 months

8

after the date of the first meeting of the Commis-

9

sion, the Commission shall submit to the President

10

and Congress a final report containing such find-

11

ings, conclusions, and recommendations to strength-

12

en protections for democratic institutions in the

13

United States as have been agreed to by a majority

14

of the members of the Commission.

15

(k) TERMINATION.—

16

(1) IN

GENERAL.—The

Commission shall termi-

17

nate upon the expiration of the 60-day period which

18

begins on the date on which the Commission submits

19

the final report required under subsection (j)(2).

20

(2) ADMINISTRATIVE

ACTIVITIES

PRIOR

TO

21

TERMINATION.—During

22

in paragraph (2), the Commission may carry out

23

such administrative activities as may be required to

24

conclude its work, including providing testimony to

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36
1

committees of Congress concerning the final report

2

and disseminating the final report.

3

(l) NONAPPLICABILITY

4

MITTEE

OF

FEDERAL ADVISORY COM-

ACT.—The Federal Advisory Committee Act (5

5 U.S.C. App.) shall not apply to the Commission.

TITLE IV—MISCELLANEOUS
PROVISIONS

6
7
8

SEC. 401. DEFINITIONS.

9

In this Act, the following definitions apply:

10
11

(1) The term ‘‘Chairman’’ means the chair of
the Election Assistance Commission.

12

(2) The term ‘‘chief State election official’’

13

means, with respect to a State, the individual des-

14

ignated by the State under section 10 of the Na-

15

tional Voter Registration Act of 1993 (52 U.S.C.

16

20509) to be responsible for coordination of the

17

State’s responsibilities under such Act.

18
19

(3) The term ‘‘Commission’’ means the Election
Assistance Commission.

20

(4) The term ‘‘democratic institutions’’ means

21

the diverse range of institutions that are essential to

22

ensuring an independent judiciary, free and fair elec-

23

tions, and rule of law.

24

(5) The term ‘‘election agency’’ means any com-

25

ponent of a State, or any component of a unit of

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37
1

local government in a State, which is responsible for

2

the administration of elections for Federal office in

3

the State.

4

(6) The term ‘‘election infrastructure’’ means

5

storage facilities, polling places, and centralized vote

6

tabulation locations used to support the administra-

7

tion of elections for public office, as well as related

8

information and communications technology, includ-

9

ing voter registration databases, voting machines,

10

electronic mail and other communications systems

11

(including electronic mail and other systems of ven-

12

dors who have entered into contracts with election

13

agencies to support the administration of elections,

14

manage the election process, and report and display

15

election results), and other systems used to manage

16

the election process and to report and display elec-

17

tion results on behalf of an election agency.

18
19

(7) The term ‘‘Secretary’’ means the Secretary
of Homeland Security.

20

(8) The term ‘‘State’’ has the meaning given

21

such term in section 901 of the Help America Vote

22

Act of 2002 (52 U.S.C. 21141).

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38
1

SEC. 402. INITIAL REPORT ON ADEQUACY OF RESOURCES

2
3

AVAILABLE FOR IMPLEMENTATION.

Not later than 120 days after enactment of this Act,

4 the Chairman and the Secretary shall submit a report to
5 the appropriate committees of Congress, including the
6 Committees on Homeland Security and House Adminis7 tration of the House of Representatives and the Com8 mittee on Homeland Security and Governmental Affairs
9 of the Senate, analyzing the adequacy of the funding, re10 sources, and personnel available to carry out this Act and
11 the amendments made by this Act.

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