I 

117TH CONGRESS 

1ST SESSION H. R. 2844 

To establish Election Security Enhancement Units in the Cybersecurity and 

Infrastructure Agency of the Department of Homeland Security, to direct 

the Election Assistance Commission to make a grant to each State 

which certifies that it has implemented certain steps to ensure the integrity of voter registration, the casting of ballots, and the tabulation 

of ballots in elections for Federal office in the State, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2021 

Mr. MCCAUL introduced the following bill; which was referred to the 

Committee on House Administration 

A BILL 

To establish Election Security Enhancement Units in the 

Cybersecurity and Infrastructure Agency of the Department of Homeland Security, to direct the Election Assistance Commission to make a grant to each State which 

certifies that it has implemented certain steps to ensure 

the integrity of voter registration, the casting of ballots, 

and the tabulation of ballots in elections for Federal 

office in the State, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2844 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Election Protection 

3 Act of 2021’’. 

4 SEC. 2. STRENGTHENING ELECTION SECURITY MEASURES. 

5 (a) ESTABLISHMENT OF ELECTION SECURITY EN6 HANCEMENT UNITS IN CYBERSECURITY AND INFRA7 STRUCTURE AGENCY.— 

8 (1) IN GENERAL.—Subtitle A of title XXII of 

9 the Homeland Security Act of 2002 (6 U.S.C. 651 

10 et seq.) is amended by adding at the end the fol11 lowing new section: 

12 ‘‘SEC. 2218. ELECTION SECURITY ENHANCEMENT UNITS. 

13 ‘‘(a) ESTABLISHMENT.—There are established in the 

14 Agency units to be known as Election Security Enhance15 ment Units (hereafter in this section referred to as 

16 ‘Units’). 

17 ‘‘(b) DUTIES.—The Units shall provide State and 

18 local election officials in various geographic regions of the 

19 United States access to risk-management, resiliency, and 

20 technical support services provided by election administra21 tion and cybersecurity experts who shall be based in such 

22 regions and who may provide such services in person, by 

23 telephone, or online.’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents in section 1(b) of the Homeland Security Act 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2844 IH

1 of 2002 is amended by inserting after the item relat2 ing to section 2217 the following new item: 

‘‘Sec. 2218. Election Security Enhancement Units.’’. 

3 (b) DUTY OF SECRETARY OF HOMELAND SECURITY

4 TO NOTIFY STATE AND LOCAL OFFICIALS OF THREATS

5 TO SECURITY OF ELECTIONS.— 

6 (1) DUTY TO SHARE INFORMATION WITH DE7 PARTMENT OF HOMELAND SECURITY.—If a Federal 

8 entity receives information about an incident which 

9 threatens the security of a Federal election, the Fed10 eral entity shall promptly share that information 

11 with the Department of Homeland Security, unless 

12 the head of the entity (or a Senate-confirmed official 

13 designated by the head) makes a specific determina14 tion in writing that there is good cause to withhold 

15 the particular information. 

16 (2) RESPONSE TO RECEIPT OF INFORMATION

17 BY SECRETARY OF HOMELAND SECURITY.— 

18 (A) IN GENERAL.—Upon receiving infor19 mation about an incident under paragraph (1), 

20 the Secretary, in consultation with the Attorney 

21 General, the Director of the Federal Bureau of 

22 Investigation, and the Director of National In23 telligence, shall promptly (but in no case later 

24 than 96 hours after receiving the information) 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 2844 IH

1 review the information and make a determina2 tion whether each of the following apply: 

3 (i) There is credible evidence that the 

4 incident occurred. 

5 (ii) There is a basis to believe that the 

6 incident resulted, could have resulted, or 

7 could result in the alteration of the results 

8 of the election. 

9 (B) DUTY TO NOTIFY STATE AND LOCAL

10 OFFICIALS.— 

11 (i) DUTY DESCRIBED.—If the Sec12 retary makes a determination under sub13 paragraph (A) that clauses (i) and (ii) of 

14 such subparagraph apply with respect to 

15 an incident, not later than 96 hours after 

16 making the determination, the Secretary 

17 shall provide a notification of the incident 

18 to each of the following: 

19 (I) The chief executive of the 

20 State involved. 

21 (II) The State election official of 

22 the State involved. 

23 (III) The local election official of 

24 the election agency involved. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 2844 IH

1 (ii) TREATMENT OF CLASSIFIED IN2 FORMATION.— 

3 (I) EFFORTS TO AVOID INCLU4 SION OF CLASSIFIED INFORMATION.— 

5 In preparing a notification provided 

6 under this paragraph to an individual 

7 described in subclause (I), (II), or 

8 (III) of clause (i), the Secretary shall 

9 attempt to avoid the inclusion of clas10 sified information. 

11 (II) PROVIDING GUIDANCE TO

12 STATE AND LOCAL OFFICIALS.—To 

13 the extent that a notification provided 

14 under this paragraph to an individual 

15 described in subclause (I), (II), or 

16 (III) of clause (i) includes classified 

17 information, the Secretary (in con18 sultation with the Attorney General 

19 and the Director of National Intel20 ligence) shall indicate in the notifica21 tion which information is classified. 

22 (C) EXCEPTION.— 

23 (i) IN GENERAL.—If the Secretary, in 

24 consultation with the Attorney General and 

25 the Director of National Intelligence, 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 2844 IH

1 makes a determination that it is not pos2 sible to provide a notification under sub3 paragraph (A) with respect to an incident 

4 without compromising intelligence methods 

5 or sources or interfering with an ongoing 

6 investigation, the Secretary shall not pro7 vide the notification under such paragraph. 

8 (ii) ONGOING REVIEW.—Not later 

9 than 30 days after making a determination 

10 under clause (i) and every 30 days there11 after, the Secretary shall review the deter12 mination. If, after reviewing the deter13 mination, the Secretary makes a revised 

14 determination that it is possible to provide 

15 a notification under subparagraph (B) 

16 without compromising intelligence methods 

17 or sources or interfering with an ongoing 

18 investigation, the Secretary shall provide 

19 the notification under subparagraph (B) 

20 not later than 96 hours after making such 

21 revised determination. 

22 (3) DEFINITIONS.—In this subsection, the fol23 lowing definitions apply: 

24 (A) ELECTION AGENCY.—The term ‘‘elec25 tion agency’’ means any component of a State, 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 2844 IH

1 or any component of a unit of local government 

2 in a State, which is responsible for the adminis3 tration of elections for Federal office in the 

4 State. 

5 (B) FEDERAL ELECTION.—The term 

6 ‘‘Federal election’’ means any election (as de7 fined in section 301(1) of the Federal Election 

8 Campaign Act of 1971 (52 U.S.C. 30101(1))) 

9 for Federal office (as defined in section 301(3) 

10 of the Federal Election Campaign Act of 1971 

11 (52 U.S.C. 30101(3))). 

12 (C) FEDERAL ENTITY.—The term ‘‘Fed13 eral entity’’ means any agency (as defined in 

14 section 551 of title 5, United States Code). 

15 (D) LOCAL ELECTION OFFICIAL.—The 

16 term ‘‘local election official’’ means the chief 

17 election official of a component of a unit of 

18 local government of a State that is responsible 

19 for administering Federal elections. 

20 (E) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of Homeland Security. 

22 (F) STATE.—The term ‘‘State’’ means 

23 each of the several States, the District of Co24 lumbia, the Commonwealth of Puerto Rico, 

25 Guam, American Samoa, the Commonwealth of 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 2844 IH

1 Northern Mariana Islands, and the United 

2 States Virgin Islands. 

3 (G) STATE ELECTION OFFICIAL.—The 

4 term ‘‘State election official’’ means— 

5 (i) the chief State election official of a 

6 State designated under section 10 of the 

7 National Voter Registration Act of 1993 

8 (52 U.S.C. 20509); or 

9 (ii) in the case of Puerto Rico, Guam, 

10 American Samoa, the Northern Mariana 

11 Islands, and the United States Virgin Is12 lands, a chief State election official des13 ignated by the State for purposes of this 

14 Act. 

15 (4) EFFECTIVE DATE.—This subsection shall 

16 apply with respect to information about an incident 

17 which threatens the security of a Federal election 

18 which is received on or after the date of the enact19 ment of this Act. 

20 SEC. 3. GRANTS TO STATES CERTIFYING INTEGRITY OF 

21 ELECTIONS. 

22 (a) GRANTS.—The Election Assistance Commission 

23 (hereafter referred to as the ‘‘Commission’’) shall make 

24 a grant to each eligible State. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 2844 IH

1 (b) USE OF FUNDS.—A State shall use the funds 

2 provided by a grant made under this section to carry out 

3 the administration of elections for Federal office in the 

4 State. 

5 (c) ELIGIBILITY.—A State is eligible to receive a 

6 grant under this section if the State submits to the Com7 mission, at such time and in such form as the Commission 

8 may require, an application containing— 

9 (1) each of the certifications described in para10 graphs (1), (2), and (3) of subsection (e); and 

11 (2) such other information and assurances as 

12 the Commission may require. 

13 (d) AMOUNT OF GRANT.— 

14 (1) IN GENERAL.—The amount of the grant 

15 made to an eligible State under this section shall be 

16 the minimum payment amount described in para17 graph (2) plus the voting age population proportion 

18 amount described in paragraph (3). 

19 (2) MINIMUM PAYMENT AMOUNT.—The min20 imum payment amount described in this paragraph 

21 is— 

22 (A) in the case of any of the several States 

23 or the District of Columbia, one-half of 1 per24 cent of the aggregate amount made available 

25 for payments under this section; and 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 2844 IH

1 (B) in the case of the Commonwealth of 

2 Puerto Rico, Guam, American Samoa, the 

3 United States Virgin Islands, or the Common4 wealth of the Northern Mariana Islands, one5 tenth of 1 percent of such aggregate amount. 

6 (3) VOTING AGE POPULATION PROPORTION

7 AMOUNT.—The voting age population proportion 

8 amount described in this paragraph is the product 

9 of— 

10 (A) the aggregate amount made available 

11 for payments under this section minus the total 

12 of all of the minimum payment amounts deter13 mined under paragraph (2); and 

14 (B) the voting age population proportion 

15 for the State (as defined in paragraph (4)). 

16 (4) VOTING AGE POPULATION PROPORTION DE17 FINED.—The term ‘‘voting age population propor18 tion’’ means, with respect to a State, the amount 

19 equal to the quotient of— 

20 (A) the voting age population of the State 

21 (as reported in the most recent decennial cen22 sus); and 

23 (B) the total voting age population of all 

24 States (as reported in the most recent decennial 

25 census). 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 2844 IH

1 (e) CERTIFICATIONS DESCRIBED.— 

2 (1) CERTIFICATION OF COMPLIANCE WITH

3 VOTER REGISTRATION LIST MAINTENANCE REQUIRE4 MENTS.—The certification described in this para5 graph is a certification that the State completed a 

6 program to systematically remove the names of ineli7 gible voters from the official lists of eligible voters 

8 with respect to the most recent regularly scheduled 

9 general election for Federal office held in the State, 

10 as required under section 8(c)(2) of the National 

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

12 20507(c)(2)). 

13 (2) CERTIFICATIONS RELATING TO INTEGRITY

14 IN CASTING OF BALLOTS.—The certifications de15 scribed in this paragraph are as follows: 

16 (A) REQUIRING PROVISION OF IDENTIFICA17 TION AS CONDITION OF VOTING.— 

18 (i) INDIVIDUALS VOTING IN PER19 SON.—A certification that, notwithstanding 

20 any other provision of law, the appropriate 

21 State or local election official does not pro22 vide a ballot for an election for Federal of23 fice to an individual who desires to vote in 

24 person unless the individual presents to the 

25 official a current and valid identification. 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 2844 IH

1 (ii) INDIVIDUALS VOTING OTHER

2 THAN IN PERSON.—A certification that, 

3 notwithstanding any other provision of law, 

4 the appropriate State or local election offi5 cial does not accept any ballot for an elec6 tion for Federal office provided by an indi7 vidual who votes other than in person un8 less the individual submits with the ballot 

9 a copy of a current and valid identification. 

10 (iii) CURRENT AND VALID IDENTI11 FICATION DEFINED.—In this subpara12 graph, a ‘‘current and valid identification’’ 

13 means a current and valid version of any 

14 of the following: 

15 (I) An identification issued by a 

16 State or a unit of local government in 

17 a State. 

18 (II) A United States passport. 

19 (III) A military identification 

20 card. 

21 (IV) An identification issued by a 

22 tribal government. 

23 (B) PROHIBITING DELIVERY OF BALLOTS

24 BY MAIL UNLESS REQUESTED.—A certification 

25 that the State does not deliver a ballot in an 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 2844 IH

1 election for Federal office to an individual by 

2 mail unless the individual requests that the 

3 State deliver the ballot to the individual by 

4 mail. 

5 (C) RESTRICTIONS ON DELIVERY OF

6 VOTED BALLOTS BY THIRD PARTIES.— 

7 (i) RESTRICTIONS.—A certification 

8 that the State does not accept a voted ab9 sentee ballot in an election for Federal of10 fice which is delivered in person to an elec11 tion official by any individual other than 

12 the voter to whom the ballot was trans13 mitted, other than an individual described 

14 as follows: 

15 (I) An election official while en16 gaged in official duties as authorized 

17 by law. 

18 (II) An employee of the United 

19 States Postal Service while engaged in 

20 official duties as authorized by law. 

21 (III) Any other individual who is 

22 allowed by law to collect and transmit 

23 United States mail, while engaged in 

24 official duties as authorized by law. 


kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 2844 IH

1 (IV) A family member of the 

2 voter to whom the ballot was trans3 mitted. 

4 (ii) FAMILY MEMBER DEFINED.—In 

5 clause (i), the term ‘‘family member’’ 

6 means, with respect to a voter to whom a 

7 ballot is transmitted, an individual who is 

8 related to the voter by blood, marriage, 

9 adoption, or legal guardianship. 

10 (D) PROHIBITING ACCEPTANCE OF ABSEN11 TEE BALLOTS RECEIVED AFTER DATE OF ELEC12 TION.—A certification that the State does not 

13 accept a voted absentee ballot in an election for 

14 Federal office which is not received by the ap15 propriate State or local election official prior to 

16 the time at which the polls in the election close 

17 on the date of the election. 

18 (E) EXCEPTION FOR ABSENT MILITARY

19 AND OVERSEAS VOTERS.—A certification that 

20 the certifications described in subparagraphs 

21 (A) through (E) do not apply with respect to 

22 any individual who is entitled to vote by absen23 tee ballot under the Uniformed and Overseas 

24 Citizens Absentee Voting Act (52 U.S.C. 20301 

25 et seq.). 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 2844 IH

1 (3) CERTIFICATIONS RELATING TO INTEGRITY

2 IN TABULATION OF BALLOTS.—The certifications de3 scribed in this paragraph are as follows: 

4 (A) MINIMUM PRESENCE OF ELECTION OB5 SERVERS.—A certification that the appropriate 

6 State or local election official permits at least 2 

7 representatives of each candidate appearing on 

8 the ballot in a general election for Federal of9 fice to observe the tabulation of the ballots in 

10 the election. 

11 (B) PERMITTING PROCESSING AND TAB12 ULATION OF BALLOTS UPON RECEIPT.—A cer13 tification that the State may process and tab14 ulate ballots received prior to the date of the 

15 election upon receipt, except that nothing in 

16 this subparagraph shall be construed to require 

17 the State to certify that a State or local election 

18 official is required to publish the results of any 

19 tabulation of ballots in an election prior to the 

20 time at which the polls in the election close on 

21 the date of the election. 

22 (C) POST-ELECTION AUDIT.—A certifi23 cation that, not later than 30 days after each 

24 election for Federal office held in the State, the 

25 State conducts and publishes an audit of the efVerDate Sep 11 2014 02:44 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2844.IH H2844

kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 2844 IH

1 fectiveness and accuracy of the voting systems 

2 used to carry out the election and the perform3 ance of the State and local election officials who 

4 carried out the election. 

5 (f) STATE DEFINED.—In this section, the term 

6 ‘‘State’’ means each of the several States, the District of 

7 Columbia, the Commonwealth of Puerto Rico, Guam, 

8 American Samoa, the United States Virgin Islands, and 

9 the Commonwealth of the Northern Mariana Islands. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) AUTHORIZATION.—There are authorized to 

12 be appropriated such sums as may be necessary for 

13 grants under this section. 

14 (2) CONTINUING AVAILABILITY OF FUNDS.— 

15 Funds appropriated pursuant to the authorization 

16 under this subsection shall remain available until ex17 pended. 

18 SEC. 4. STUDY AND REPORT BY BIPARTISAN ELECTION AD19 VISORY COMMISSION. 

20 (a) ESTABLISHMENT.—There is established in the 

21 legislative branch the Bipartisan Election Advisory Com22 mission (referred to in this section as the ‘‘Advisory Com23 mission’’). 

24 (b) MEMBERSHIP.— 


kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 2844 IH

1 (1) COMPOSITION.—The Advisory Commission 

2 shall be composed of 12 members, of whom— 

3 (A) 6 shall be appointed by the leader of 

4 the Republican party in the House of Rep5 resentatives (in consultation with the leader of 

6 the Republican caucus in the Senate), one of 

7 which shall be appointed as a Co-Chairperson of 

8 the Advisory Commission; and 

9 (B) 6 shall be appointed by the leader of 

10 the Democratic caucus in the Senate (in con11 sultation with the leader of the Democratic 

12 party in the House of Representatives), one of 

13 which shall be appointed as a Co-Chairperson of 

14 the Advisory Commission. 

15 (2) REPRESENTATION.—Individuals appointed 

16 to the Advisory Commission under paragraph (1) 

17 shall be geographically balanced and shall include 

18 representatives of Federal, State, and local govern19 ments and of the legal, cybersecurity, and election 

20 administration and technology communities, except 

21 that no elected official may serve on the Advisory 

22 Commission. 

23 (3) POLITICAL PARTY AFFILIATION.—Not more 

24 than 6 members of the Advisory Commission may be 

25 members of the same political party. 


kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 2844 IH

1 (4) DATE.—The appointments of the members 

2 of the Advisory Commission shall be made not later 

3 than 90 days after the date of enactment of this 

4 Act. 

5 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), a member of the Advisory Commission 

8 shall be appointed for the duration of the Advisory 

9 Commission. 

10 (2) REMOVAL.—A member may be removed 

11 from the Advisory Commission at any time at the 

12 upon concurrence of both of the Co-Chairpersons of 

13 the Advisory Commission. 

14 (3) VACANCIES.—A vacancy in the Advisory 

15 Commission— 

16 (A) shall not affect the powers of the Com17 mission; and 

18 (B) shall be filled in the same manner as 

19 the original appointment. 

20 (d) COMMISSION PERSONNEL MATTERS.— 

21 (1) PROHIBITION ON COMPENSATION OF MEM22 BERS.—The members of the Advisory Commission 

23 may not receive pay or benefits from the United 

24 States Government by reason of their service on the 

25 Advisory Commission, but may receive travel exVerDate Sep 11 2014 02:44 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2844.IH H2844

kjohnson on DSK79L0C42PROD with BILLS
19 

•HR 2844 IH

1 penses, including per diem in lieu of subsistence, in 

2 accordance with applicable provisions under sub3 chapter I of chapter 57 of title 5, United States 

4 Code. 

5 (2) STAFF.—The Co-Chairpersons of the Advi6 sory Commission may appoint and fix the compensa7 tion of staff of the Advisor Committee without re8 gard to chapter 51 and subchapter III of chapter 53 

9 of title 5, United States Code, relating to classifica10 tion of positions and General Schedule pay rates, ex11 cept that the rate of pay for the staff may not ex12 ceed the rate payable for level V of the Executive 

13 Schedule under section 5316 of that title. 

14 (e) POWERS.— 

15 (1) HEARINGS AND SESSIONS.—The Advisory 

16 Commission may, for the purpose of carrying out 

17 this section, hold hearings, sit and act at times and 

18 places, take testimony, and receive evidence as the 

19 Commission considers appropriate. The Advisory 

20 Commission may administer oaths or affirmations to 

21 witnesses appearing before it. 

22 (2) OBTAINING OFFICIAL DATA.—The Advisory 

23 Commission may secure directly from any depart24 ment or agency of the United States information 

25 necessary to enable it to carry out this section. 


kjohnson on DSK79L0C42PROD with BILLS
20 

•HR 2844 IH

1 (3) ADMINISTRATIVE SUPPORT SERVICES.— 

2 Upon the request of the Advisory Commission, the 

3 Architect of the Capitol shall provide to the Commis4 sion, on a reimbursable basis, the administrative 

5 support services necessary for the Commission to 

6 carry out its responsibilities under this section. 

7 (f) DUTIES.— 

8 (1) STUDY.—The Advisory Commission shall 

9 conduct a study of the following: 

10 (A) The effects of COVID–19 on the ad11 ministration and security of elections. 

12 (B) The impact of election administration 

13 procedures implemented to address the effects 

14 of COVID–19 on the effective administration 

15 and security of elections. 

16 (C) The extent of security shortfalls and 

17 fraud during the 2020 general elections for 

18 Federal office and during previous general elec19 tions for Federal office. 

20 (D) The feasibility and desirability of im21 plementing uniform requirements for States to 

22 carry out absentee ballot tracking programs. 

23 (2) REPORT.—Not later than one year after the 

24 date of the enactment of this Act, the Advisory 

25 Commission shall submit a report to Congress on 


kjohnson on DSK79L0C42PROD with BILLS
21 

•HR 2844 IH

1 the study conducted under paragraph (1), together 

2 with recommendations for improving the administra3 tion of elections and enhancing the security of elec4 tions. 

5 (g) TERMINATION.—The Advisory Commission shall 

6 terminate 60 days after the date on which the Advisory 

7 Commission submits the report required under subsection 

8 (f). 

9 SEC. 5. SENSE OF CONGRESS ON CONFIDENCE IN ELEC10 TION PROCESS. 

11 It is the sense of Congress that— 

12 (1) the United States is a beacon of hope that 

13 sets the standard of democracy around the world; 

14 (2) the people of the United States should have 

15 full faith in their electoral process; 

16 (3) the United States must ensure that elec17 tions are free, fair, and secure; 

18 (4) transparency is at the core of the demo19 cratic process, and the 2020 election raised concerns 

20 of election irregularities; and 

21 (5) at the very least, Congress must provide the 

22 American people with the confidence that their elec23 tions are secure. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS