Election Infrastructure and Security Promotion Act of 2016

Summary: Election Infrastructure and Security Promotion Act of 2016 This bill directs the Department of Homeland Security (DHS) to: (1) designate voting systems used in the United States as critical infrastructure; (2) include threats of compromise, disruption, or destruction of voting systems in national planning scenarios; and (3) conduct a campaign to proactively educate local election officials about the designation of voting systems as critical infrastructure and election officials at all levels of government of voting system threats. In furtherance of local election official preparedness and response, DHS shall conduct research and development to mitigate the consequences of voting systems threats. DHS shall prepare and submit to Congress a comprehensive plan to protect and prepare the critical infrastructure of the voting systems used in the United States against threats, including from acts of terrorism. The National Institute of Standards and Technology (NIST) shall develop standards for ensuring the operational security of the voting systems used in elections for federal office. This bill amends the Help America Vote Act of 2002 to require a state, in operating the voting system, to comply with applicable standards for ensuring the operational security of voting systems. The testing and certification of voting systems hardware and software shall test whether voting systems are in compliance with applicable standards developed by NIST for ensuring the operational security of voting systems. NIST shall develop standards for ensuring that the process by which ballots are counted in elections for federal office is transparent and permits voters to verify that votes in such elections are counted correctly. States shall comply with applicable standards, in operating the voting system, for ensuring that the process by which ballots are counted in elections for federal office is transparent and permits voters to verify that votes in such elections are counted correctly. The National Science Foundation shall establish an election technology innovation research and development program. 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Election 
Infrastructure and Security Promotion Act of 2016''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
             TITLE I--ELECTION INFRASTRUCTURE AND SECURITY

Sec. 101. Definition of critical infrastructure.
Sec. 102. Designation of voting systems as critical infrastructure.
Sec. 103. Voting system threat and research and development.
        TITLE II--NATIONAL STANDARDS FOR VOTING SYSTEM SECURITY

Sec. 201. Development of standards.
Sec. 202. Requiring States to comply with standards in administration 
                            of elections for Federal office.
Sec. 203. Incorporation of standards into certification and testing of 
                            voting systems.
  TITLE III--NATIONAL STANDARDS FOR TRANSPARENCY AND VERIFICATION OF 
                            BALLOT COUNTING

Sec. 301. Development of standards.
Sec. 302. Requiring States to comply with standards in administration 
                            of elections for Federal office.
                   TITLE IV--RESEARCH AND DEVELOPMENT

Sec. 401. Innovative election technology research and development.

             TITLE I--ELECTION INFRASTRUCTURE AND SECURITY

SEC. 101. DEFINITION OF CRITICAL INFRASTRUCTURE.

    In this title, the term ``critical infrastructure'' has the meaning 
given such term in section 1016 of the Critical Infrastructure 
Protection Act of 2001 (42 U.S.C. 5195c(e)).

SEC. 102. DESIGNATION OF VOTING SYSTEMS AS CRITICAL INFRASTRUCTURE.

    The Secretary of Homeland Security, acting through the Assistant 
Secretary of the National Protection and Programs Directorate, shall--
            (1) designate voting systems used in the United States as 
        critical infrastructure;
            (2) include threats of compromise, disruption, or 
        destruction of voting systems in national planning scenarios; 
        and
            (3) conduct a campaign to proactively educate local 
        election officials about the designation of voting systems as 
        critical infrastructure and election officials at all levels of 
        government of voting system threats.

SEC. 103. VOTING SYSTEM THREAT AND RESEARCH AND DEVELOPMENT.

    (a) In General.--In furtherance of local election official 
preparedness and response, the Secretary of Homeland Security, acting 
through the Under Secretary for Science and Technology, and in 
consultation with other relevant agencies and departments of the 
Federal Government and relevant State and local election official 
operators of election infrastructure, shall conduct research and 
development to mitigate the consequences of voting systems threats.
    (b) Scope.--The scope of the research and development under 
subsection (a) shall include the following:
            (1) An objective scientific analysis of the risks to 
        critical election infrastructures from a range of threats.
            (2) Determination of the voting system assets and 
        infrastructures that are at risk from intrusion, compromise, 
        disruption or destruction.
            (3) An evaluation of emergency planning and response 
        technologies that would address the findings and 
        recommendations of experts, including those of a Commission to 
        Assess the Threat to the United States from election 
        administration or voting system attack.
            (4) An analysis of technology options that are available to 
        improve the resiliency of critical infrastructure to voting 
        system threats.
            (5) The restoration and recovery capabilities of critical 
        infrastructure under differing levels of damage and disruption.
    (c) Comprehensive Plan.--
            (1) In general.--The Secretary of Homeland Security shall 
        prepare and submit to the Committee on Homeland Security of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate a comprehensive plan to 
        protect and prepare the critical infrastructure of the voting 
        systems used in the United States against threats, including 
        from acts of terrorism.
            (2) Plan requirements.--The comprehensive plan shall--
                    (A) be based on findings of the research and 
                development conducted under subsection (a);
                    (B) be developed in consultation with the relevant 
                Federal sector-specific agencies (as defined under 
                Homeland Security Presidential Directive for critical 
                infrastructures); and
                    (C) be developed in consultation with State and 
                local election officials.
            (3) Updates.--The Secretary shall update the plan required 
        under this subsection biennially.

        TITLE II--NATIONAL STANDARDS FOR VOTING SYSTEM SECURITY

SEC. 201. DEVELOPMENT OF STANDARDS.

    (a) Development.--The Director of the National Institute of 
Standards and Technology shall develop standards for ensuring the 
operational security of the voting systems used in elections for 
Federal office, including the physical and cybersecurity of such 
systems and security requirements for the personnel who operate such 
systems.
    (b) Contents of Standards.--In developing standards under this 
title, the Director shall ensure the following:
            (1) The standards shall set forth specific, evidence-based 
        security requirements for the operation of each individual 
        component of voting systems, including components for marking 
        ballots, scanning ballots, aggregating vote tallies from vote 
        counters, and electronic poll books.
            (2) The standards shall set forth specific, evidence-based 
        requirements for the interoperability of the components, based 
        on data standards established by the National Institute of 
        Standards and Technology.
            (3) No system or device upon which ballots or votes are 
        cast or tabulated shall be connected to the Internet at any 
        time through any publicly accessible network.
            (4) No system or device upon which ballots or votes are 
        cast or tabulated shall contain, use, or be accessible by any 
        wireless, power-line, or concealed communication device.
    (c) Deadline; Updates.--
            (1) Deadline for initial standards.--The Director shall 
        develop the standards under this title not later than 1 year 
        after the date of the enactment of this Act.
            (2) Updates.--The Director may update the standards under 
        this title at such times as the Director considers appropriate.

SEC. 202. REQUIRING STATES TO COMPLY WITH STANDARDS IN ADMINISTRATION 
              OF ELECTIONS FOR FEDERAL OFFICE.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)) is amended by adding at the end the following new paragraph:
            ``(7) Compliance with security standards.--In operating the 
        voting system, the State shall comply with the applicable 
        standards developed by the Director of the National Institute 
        of Standards and Technology under title II of the Election 
        Infrastructure and Security Promotion Act of 2016 for ensuring 
        the operational security of voting systems.''.

SEC. 203. INCORPORATION OF STANDARDS INTO CERTIFICATION AND TESTING OF 
              VOTING SYSTEMS.

    Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 
20971(a)) is amended by adding at the end the following new paragraph:
            ``(3) Ensuring compliance with operational security 
        standards.--The testing and certification of voting system 
        hardware and software carried out under this subtitle shall 
        test whether voting systems are in compliance with the 
        applicable standards developed by the Director of the National 
        Institute of Standards and Technology under title II of the 
        Election Infrastructure and Security Promotion Act of 2016 for 
        ensuring the operational security of voting systems, including 
        testing whether the components of voting systems meet the 
        component-specific security requirements and the system 
        interoperability requirements under such standards.''.

  TITLE III--NATIONAL STANDARDS FOR TRANSPARENCY AND VERIFICATION OF 
                            BALLOT COUNTING

SEC. 301. DEVELOPMENT OF STANDARDS.

    (a) Development.--The Director of the National Institute of 
Standards and Technology shall develop standards for ensuring that the 
process by which ballots are counted in elections for Federal office is 
transparent and permits voters to verify that votes in such elections 
are counted correctly.
    (b) Contents of Standards.--In developing standards under this 
title, the Director shall ensure the following:
            (1) Election officials will provide the public with 
        sufficient evidence to verify the results of an election for 
        Federal office, including through the establishment of tracking 
        procedures that permit members of the public to track the 
        ballots counted in the election, so long as such procedures 
        ensure the anonymity of the individuals who cast the ballots.
            (2) All of the data used or produced by the relevant 
        components of a voting system used in an election for Federal 
        office.
            (3) Election officials shall make all of the relevant 
        components of a voting system used in an election for Federal 
        office available to other parties (such as other officials of 
        the State, research organizations, and institutions of higher 
        education) to duplicate the testing procedures used to certify 
        the use of the system for use in such elections.
    (c) Deadline; Updates.--
            (1) Deadline for initial standards.--The Director shall 
        develop the standards under this title not later than 1 year 
        after the date of the enactment of this Act.
            (2) Updates.--The Director may update the standards under 
        this title at such times as the Director considers appropriate.
    (d) Relevant Components Defined.--In this section, the term 
``relevant components'' means, with respect to a voting system, each 
component of the system which is involved with counting ballots and 
producing a tally of the ballots cast, including the source code, build 
tools, build procedure documentation, test plans, test fixtures, and 
software and hardware specifications.

SEC. 302. REQUIRING STATES TO COMPLY WITH STANDARDS IN ADMINISTRATION 
              OF ELECTIONS FOR FEDERAL OFFICE.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)), as amended by section 202, is amended by adding at the end 
the following new paragraph:
            ``(8) Compliance with transparency and ballot verification 
        standards.--In operating the voting system, the State shall 
        comply with the applicable standards developed by the Director 
        of the National Institute of Standards and Technology under 
        title III of the Election Infrastructure and Security Promotion 
        Act of 2016 for ensuring that the process by which ballots are 
        counted in elections for Federal office is transparent and 
        permits voters to verify that votes in such elections are 
        counted correctly.''.

                   TITLE IV--RESEARCH AND DEVELOPMENT

SEC. 401. INNOVATIVE ELECTION TECHNOLOGY RESEARCH AND DEVELOPMENT.

    (a) In General.--The National Science Foundation, in cooperation 
with the Defense Advanced Research Projects Agency, shall establish an 
election technology innovation research and development program. Such 
program--
            (1) shall support the development of hardware and software 
        technologies and systems for marking ballots, scanning ballots, 
        aggregating tallies from counters, and electronic poll books; 
        and
            (2) may also support research and development on other 
        elements of technology for voting, election administration, 
        auditing, and other election-critical operations.
    (b) Requirements.--The National Science Foundation shall, to the 
extent practicable and in consultation with the Election Assistance 
Commission and the National Institute of Standards and Technology, 
ensure that technologies developed through assistance provided under 
this section--
            (1) conform to any applicable standards and guidelines for 
        design and for data interoperability established by the 
        National Institute of Standards and Technology; and
            (2) are made available for use by Federal, State, and local 
        governments at no cost.