Protect Election Systems from Foreign Control Act
This bill amends the Help America Vote Act of 2002 to require state and local governments to ensure that vendors who provide, support, or maintain any component of a voting system used in a federal election are solely owned and controlled by citizens, unless the Department of Homeland Security (DHS) grants the vendor a waiver. Vendors must disclose any sourcing of parts from outside the United States or material changes in ownership or control.
The Federal Election Commission and DHS shall publish cybersecurity best practices for vendors. Voting systems and vendor information technology infrastructure must be developed and maintained in a manner consistent with the best practices. Vendors must report suspected security incidents.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6449 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6449
To amend the Help America Vote Act of 2002 to require States to take
steps to ensure that there is no foreign ownership or influence on the
voting systems used in elections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2018
Mr. Delaney (for himself, Mr. Harris, Ms. Sinema, Mr. Hastings, Mr.
Cohen, Mr. DeSaulnier, Ms. DelBene, and Mr. Keating) 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 require States to take
steps to ensure that there is no foreign ownership or influence on the
voting systems used in elections, 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 ``Protect Election Systems from
Foreign Control Act''.
SEC. 2. ENSURING NO FOREIGN OWNERSHIP OR INFLUENCE ON VOTING SYSTEMS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21083 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. ENSURING NO FOREIGN OWNERSHIP OR CONTROL OVER VOTING
SYSTEMS.
``(a) Requiring Vendors To Be Qualified.--Each State, unit of local
government, or component of a State or unit of local government which
is responsible for the administration of an election for Federal office
shall ensure that each vendor who provides, supports, or maintains any
component of a voting system used in the administration of the election
is a qualified voting systems vendor.
``(b) Annual Evaluation To Ensure Compliance.--Each State, unit of
local government, or component of a State or unit of local government
which is responsible for the administration of an election for Federal
office shall, not less frequently than once each calendar year,
evaluate each of the vendors who provide, support, or maintain any
component of a voting system used in the administration of the election
to ensure that the vendor is a qualified voting system vendor.
``(c) Cybersecurity Best Practices.--Not later than 90 days after
the date of the enactment of this section, the Chair of the Commission
and the Secretary of Homeland Security shall establish and publish
cybersecurity best practices for vendors who provide, support, or
maintain voting systems, and shall establish and publish updates to
such best practices at such times as the Chair and the Secretary
consider appropriate.
``(d) Guidance and Technical Assistance.--
``(1) In general.--The Chair of the Commission and the
Secretary of Homeland Security may provide such guidance and
technical assistance as may be appropriate to assist each
State, unit of local government, or component of a State or
unit of local government which is responsible for the
administration of an election for Federal office with its
obligations under this section.
``(2) Database of qualified vendors.--As part of providing
guidance and technical assistance under this subsection, the
Commission shall establish and maintain a database in which
each State, unit of local government, or component of a State
or unit of local government which is responsible for the
administration of an election for Federal office can verify
whether a vendor is a qualified voting systems vendor.
``(e) Qualified Voting Systems Vendor Defined.--
``(1) In general.--In this section, the term `qualified
voting system vendor' means a person who provides, supports, or
maintains, or seeks to provide, support, or maintain, a voting
system used in the administration of an election for Federal
office who meets each of the following criteria, as established
and published by the Chair of the Commission in coordination
with the Secretary of Homeland Security:
``(A) Except as provided in paragraph (2), the
person is solely owned and controlled by a citizen or
citizens of the United States.
``(B) The person discloses any sourcing outside the
United States for any parts of the voting system to the
Chair of the Commission, the Secretary of Homeland
Security, and the chief State election official of any
State in which the vendor provides or seeks to provide
goods or services with respect to the voting system.
``(C) The person discloses any material change in
its ownership or control to the Chair of the
Commission, the Secretary of Homeland Security, and the
chief State election official of any State in which the
vendor provides goods or services with respect to the
voting system.
``(D) The person agrees to ensure that the voting
systems will be developed and maintained in a manner
that is consistent with the cybersecurity best
practices established under subsection (c).
``(E) The person agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices
established under subsection (c).
``(F) The vendor shall report any known or
suspected security incidents involving voting systems
to the chief State election official of the State
involved or the official's designee, the Chair, and the
Secretary.
``(2) Permitting waiver of domestic ownership requirement
for certain subsidiaries.--The Secretary of Homeland Security
may waive the requirement of subparagraph (A) of paragraph (1)
with respect to a person who is a United States subsidiary of a
parent company which has implemented a foreign ownership,
control, or influence mitigation plan that has been approved by
the Secretary. Such plan shall ensure that the parent company
cannot control, influence, or direct the subsidiary in any
manner that would compromise or influence, or give the
appearance of compromising or influencing, the independence and
integrity of an election.
``(f) Voting System Defined.--In this section, the term `voting
system' has the meaning given such term in section 301(b).''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(c) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Ensuring no foreign ownership or control over voting
systems.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections for Federal office held in 2020 or any
succeeding year.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
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