Title: Election Security Act
Policy area: Government Operations and Politics

Summary:
Election Security Act
This bill directs the Election Assistance Commission to establish grant programs to support (1) states' compliance with certain voting system security requirements, including the use of voting systems that require individual paper ballots marked by hand; (2) states' audits of federal election results (i.e., manual counts of paper ballots); and (3) research and development directed at improving the security and reliability of election infrastructure.
The bill also (1) requires the President to develop a national strategy to protect against attacks on U.S. democratic institutions, and (2) establishes the National Commission to Protect U.S. Democratic Institutions.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5011 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5011

 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

                           February 14, 2018

 Mr. Thompson of Mississippi (for himself, Mr. Brady of Pennsylvania, 
 Ms. Lofgren, Mr. Langevin, Mr. Richmond, and Mrs. Demings) introduced 
   the following bill; which was referred to the Committee on House 
Administration, and in addition to the Committees on Homeland Security, 
 Intelligence (Permanent Select), the Judiciary, and Foreign Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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. 201. Election infrastructure designation.
Sec. 202. Timely threat information.
Sec. 203. Security clearance assistance for election officials.
Sec. 204. Pre-election threat assessments.
Sec. 205. Security risk and vulnerability assessments.
Sec. 206. 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.

SEC. 2. SENSE OF CONGRESS ON NEED TO IMPROVE ELECTION INFRASTRUCTURE 
              SECURITY.

    It is the sense of Congress that, in light of the lessons learned 
from Russian interference in the 2016 Presidential election, the 
Federal Government should intensify its efforts to improve the security 
of election infrastructure in the United States, including through the 
use of individual, durable, paper ballots marked by the voter by hand.

         TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE

         Subtitle A--Voting System Security Improvement Grants

SEC. 101. VOTING SYSTEM SECURITY GRANTS.

    (a) Availability of Grants.--Subtitle D of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding 
at the end the following new part:

``PART 7--GRANTS FOR OBTAINING PAPER BALLOT VOTING SYSTEMS AND CARRYING 
                     OUT VOTING SYSTEM IMPROVEMENTS

``SEC. 297. GRANTS FOR OBTAINING PAPER BALLOT VOTING SYSTEMS AND 
              CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    ``(a) Availability and Use of Grant.--The Commission shall make a 
grant to each eligible State--
            ``(1) to replace voting systems which are not qualified 
        paper ballot voting systems with voting systems which are 
        qualified paper ballot voting systems, for use in the regularly 
        scheduled general elections for Federal office held in November 
        2018, in accordance with section 297A; and
            ``(2) to carry out voting system security improvements 
        described in section 297B with respect to the regularly 
        scheduled general elections for Federal office held in November 
        2018 and each succeeding election for Federal office.
    ``(b) Amount of Grant.--The amount of a grant made to a State under 
this section shall be such amount as the Commission determines to be 
appropriate, except that such amount may not be less than the product 
of $1 and the average of the number of individuals who cast votes in 
any of the two most recent regularly scheduled general elections for 
Federal office held in the State.
    ``(c) Pro Rata Reductions.--If the amount of funds appropriated for 
grants under this part is insufficient to ensure that each State 
receives the amount of the grant calculated under subsection (b), the 
Commission shall make such pro rata reductions in such amounts as may 
be necessary to ensure that the entire amount appropriated under this 
part is distributed to the States.

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

    ``(a) Use of Funds To Obtain Systems.--A State may use a grant 
under this part--
            ``(1) to replace a voting system which is not a qualified 
        paper ballot voting systems with a qualified paper ballot 
        voting system; or
            ``(2) to replace a qualified paper voting system which is 
        not in compliance with the most recent voluntary voting system 
        guidelines issued by the Commission prior to the regularly 
        scheduled general election for Federal office held in November 
        2018 with another qualified paper voting system which is in 
        compliance with such guidelines.
    ``(b) Definition.--
            ``(1) In general.--In this part, a `qualified paper ballot 
        voting system' is a voting system which requires the use of an 
        individual, durable, paper ballot marked by the voter by hand.
            ``(2) Accessibility of systems for individuals with 
        disabilities.--A voting system used by individuals with 
        disabilities, and others, may be treated as a qualified paper 
        ballot voting system for purposes of this part if the system 
        provides an individual with an equivalent opportunity, 
        including with privacy and independence, to vote in a manner 
        that produces a paper ballot of the vote as for other voters.

``SEC. 297B. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.

    ``(a) Permitted Uses.--A voting system security improvement 
described in this section is any of the following:
            ``(1) The acquisition of goods and services from qualified 
        election infrastructure vendors by purchase, lease, or such 
        other arrangements as may be appropriate.
            ``(2) Cyber and risk mitigation training.
            ``(3) A security risk and vulnerability assessment of the 
        State's election infrastructure which is carried out by a 
        provider of cybersecurity services under a contract entered 
        into between the chief State election official and the 
        provider.
            ``(4) The maintenance of election infrastructure, including 
        addressing risks and vulnerabilities which are identified under 
        either of the security risk and vulnerability assessments 
        described in paragraph (3), except that none of the funds 
        provided under this part may be used to renovate or replace a 
        building or facility which is used primarily for purposes other 
        than the administration of elections for public office.
            ``(5) Providing increased technical support for any 
        information technology infrastructure that the chief State 
        election official deems to be part of the State's election 
        infrastructure or designates as critical to the operation of 
        the State's election infrastructure.
            ``(6) Enhancing the cybersecurity and operations of the 
        information technology infrastructure described in paragraph 
        (4).
            ``(7) Enhancing the cybersecurity of voter registration 
        systems.
    ``(b) Qualified Election Infrastructure Vendors Described.--
            ``(1) In general.--For purposes of this part, a `qualified 
        election infrastructure vendor' is any person who provides, 
        supports, or maintains, or who seeks to provide, support, or 
        maintain, election infrastructure on behalf of a State, unit of 
        local government, or election agency (as defined in section 401 
        of the Election Security Act) who meets the criteria described 
        in paragraph (2).
            ``(2) Criteria.--The criteria described in this paragraph 
        are such criteria as the Chairman, in coordination with the 
        Secretary of Homeland Security, shall establish and publish, 
        and shall include each of the following requirements:
                    ``(A) The vendor must be owned and controlled by a 
                citizen or permanent resident of the United States.
                    ``(B) The vendor must disclose to the Chairman and 
                the Secretary, and to the chief State election official 
                of any State to which the vendor provides any goods and 
                services with funds provided under this part, of any 
                sourcing outside the United States for parts of the 
                election infrastructure.
                    ``(C) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with the cybersecurity best 
                practices provided by the Chairman in coordination with 
                the Secretary.
                    ``(D) The vendor agrees to maintain its information 
                technology infrastructure in a manner that is 
                consistent with the cybersecurity best practices 
                provided by the Chairman in coordination with the 
                Secretary.
                    ``(E) The vendor agrees to report any known or 
                suspected security incidents involving election 
                infrastructure to the chief State election official of 
                the State involved or the official's designee, the 
                Chairman, and the Secretary.

``SEC. 297C. ELIGIBILITY OF STATES.

    ``A State is eligible to receive a grant under this part if the 
State submits to the Commission, at such time and in such form as the 
Commission may require, an application containing--
            ``(1) a description of how the State will use the grant to 
        carry out the activities authorized under this part;
            ``(2) a certification and assurance that, not later than 5 
        years after receiving the grant, the State will carry out risk-
        limiting audits of the results of elections for Federal office 
        held in the State, as described in section 298(b); and
            ``(3) such other information and assurances as the 
        Commission may require.

``SEC. 297D. REPORTS TO CONGRESS.

    ``Not later than 90 days after the end of each fiscal year, the 
Commission shall submit a report to the appropriate congressional 
committees, including the Committees on Homeland Security and House 
Administration of the House of Representatives and the Committees on 
Homeland Security and Governmental Affairs and Rules and Administration 
of the Senate, on the activities carried out with the funds provided 
under this part.

``SEC. 297E. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated for 
grants under this part--
            ``(1) $1,000,000,000 for fiscal year 2018; and
            ``(2) $175,000,000 for each of the fiscal years 2019, 2021, 
        2023, and 2025.
    ``(b) Continuing Availability of Amounts.--Any amounts appropriated 
pursuant to the authorization of this section shall remain available 
until expended.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to subtitle D of 
title II the following:

``Part 7--Grants for Obtaining Paper Ballot Voting Systems and Carrying 
                     Out Voting System Improvements

        ``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.

SEC. 102. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE OF 
              REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION 
              REQUIREMENTS UNDER HELP AMERICA VOTE ACT OF 2002.

    (a) Duties of Election Assistance Commission.--Section 202 of the 
Help America Vote Act of 2002 (52 U.S.C. 20922) is amended in the 
matter preceding paragraph (1) by striking ``by'' and inserting ``and 
the security of election infrastructure by''.
    (b) Membership of Secretary of Homeland Security on Board of 
Advisors of Election Assistance Commission.--Section 214(a) of such Act 
(52 U.S.C. 20944(a)) is amended--
            (1) by striking ``37 members'' and inserting ``38 
        members''; and
            (2) by adding at the end the following new paragraph:
            ``(17) The Secretary of Homeland Security or the 
        Secretary's designee.''.
    (c) Representative of Department of Homeland Security on Technical 
Guidelines Development Committee.--Section 221(c)(1) of such Act (52 
U.S.C. 20961(c)(1)) is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) A representative of the Department of 
                Homeland Security.''.
    (d) Goals of Periodic Studies of Election Administration Issues; 
Consultation With Secretary of Homeland Security.--Section 241(a) of 
such Act (52 U.S.C. 20981(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``the Commission shall'' and inserting ``the Commission, in 
        consultation with the Secretary of Homeland Security (as 
        appropriate), shall'';
            (2) by striking ``and'' at the end of paragraph (3);
            (3) by redesignating paragraph (4) as paragraph (5); and
            (4) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) will be secure against attempts to undermine the 
        integrity of election systems by cyber or other means; and''.
    (e) Requirements Payments.--
            (1) Use of payments for voting system security 
        improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b)) 
        is amended by adding at the end the following new paragraph:
            ``(3) Permitting use of payments for voting system security 
        improvements.--A State may use a requirements payment to carry 
        out any of the following activities:
                    ``(A) Cyber and risk mitigation training.
                    ``(B) Providing increased technical support for any 
                information technology infrastructure that the chief 
                State election official deems to be part of the State's 
                election infrastructure or designates as critical to 
                the operation of the State's election infrastructure.
                    ``(C) Enhancing the cybersecurity and operations of 
                the information technology infrastructure described in 
                subparagraph (B).
                    ``(D) Enhancing the security of voter registration 
                databases.''.
            (2) Incorporation of election infrastructure protection in 
        state plans for use of payments.--Section 254(a)(1) of such Act 
        (52 U.S.C. 21004(a)(1)) is amended by striking the period at 
        the end and inserting ``, including the protection of election 
        infrastructure.''.
            (3) Composition of committee responsible for developing 
        state plan for use of payments.--Section 255 of such Act (52 
        U.S.C. 21005) is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) Geographic Representation.--The members of the committee 
shall be a representative group of individuals from the State's 
counties, cities, towns, and Indian tribes, and shall represent the 
needs of rural as well as urban areas of the State, as the case may 
be.''.
    (f) Ensuring Protection of Computerized Statewide Voter 
Registration List.--Section 303(a)(3) of such Act (52 U.S.C. 
21083(a)(3)) is amended by striking the period at the end and inserting 
``, as well as other measures to prevent and deter cybersecurity 
incidents, as identified by the Commission and the Secretary of 
Homeland Security.''.

SEC. 103. INCORPORATION OF DEFINITION OF ELECTION INFRASTRUCTURE.

    (a) In General.--Section 901 of the Help America Vote Act of 2001 
(52 U.S.C. 21141) is amended to read as follows:

``SEC. 901. DEFINITIONS.

    ``In this Act, the following definitions apply:
            ``(1) The term `election infrastructure' has the meaning 
        given such term in section 401 of the Election Security Act.
            ``(2) The term `State' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, and the United States Virgin Islands.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by amending the item relating to section 901 to read as 
follows:

``Sec. 901. Definitions.''.

         Subtitle B--Grants for Risk-Limiting Audits of Results

SEC. 111. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF 
              RESULTS OF ELECTIONS.

    (a) Availability of Grants.--Subtitle D of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by 
section 101(a), is further amended by adding at the end the following 
new part:

  ``PART 8--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF 
                               ELECTIONS

``SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF 
              ELECTIONS.

    ``(a) Availability of Grants.--The Commission shall make a grant to 
each eligible State to conduct risk-limiting audits as described in 
subsection (b) with respect to the regularly scheduled general 
elections for Federal office held in November 2018 and each succeeding 
election for Federal office.
    ``(b) Risk-Limiting Audits Described.--In this part, a risk-
limiting audit is a manual tally of certain marked paper ballots cast 
in an election which is conducted in accordance with an audit protocol 
that--
            ``(1) makes use of statistical methods and is designed to 
        limit to acceptable levels the risk of certifying a preliminary 
        election outcome that is inconsistent with the election outcome 
        that would be obtained by conducting a full recount; and
            ``(2) provides for the selection of the election results 
        that will be subject to the audit in accordance with procedures 
        established by the chief State election official of the State 
        under which the results of all contested elections are eligible 
        to be selected for auditing.

``SEC. 298A. ELIGIBILITY OF STATES.

    ``A State is eligible to receive a grant under this part if the 
State submits to the Commission, at such time and in such form as the 
Commission may require, an application containing--
            ``(1) a certification that the State will conduct risk-
        limiting audits of the results of elections for Federal office 
        as described in section 298; and
            ``(2) such other information and assurances as the 
        Commission may require.

``SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for grants under this 
part $20,000,000 for fiscal year 2018, to remain available until 
expended.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 101(b), is further amended by adding at the end of 
the items relating to subtitle D of title II the following:

  ``Part 8--Grants for Conducting Risk-Limiting Audits of Results of 
                               Elections

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

SEC. 112. GAO ANALYSIS OF EFFECTS OF AUDITS.

    (a) Analysis.--Not later than 6 months after the first election for 
Federal office is held after grants are first awarded to States for 
conducting risk-limiting under part 8 of subtitle D of title II of the 
Help America Vote Act of 2002 (as added by section 111) for conducting 
risk-limiting audits of elections for Federal office, the Comptroller 
General of the United States shall conduct an analysis of the extent to 
which such audits have improved the administration of such elections 
and the security of election infrastructure in the States receiving 
such grants.
    (b) Report.--The Comptroller General of the United States shall 
submit a report on the analysis conducted under subsection (a) to each 
of the following Committees:
            (1) The Committee on Homeland Security of the House of 
        Representatives.
            (2) The Committee on House Administration of the House of 
        Representatives.
            (3) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (4) The Committee on Rules and Administration of the 
        Senate.

      Subtitle C--Election Infrastructure Innovation Grant Program

SEC. 121. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended--
            (1) by redesignating the second section 319 (relating to 
        EMP and GMD mitigation research and development) as section 
        320; and
            (2) by adding at the end the following new section:

``SEC. 321. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, in coordination with the Chairman 
of the Election Assistance Commission (established pursuant to the Help 
America Vote Act of 2002) and in consultation with the Director of the 
National Science Foundation, shall establish a competitive grant 
program to award grants to eligible entities, on a competitive basis, 
for purposes of research and development that are determined to have 
the potential to significantly to improve the security (including 
cybersecurity), quality, reliability, accuracy, accessibility, and 
affordability of election infrastructure.
    ``(b) Report to Congress.--Not later than 90 days after the 
conclusion of each fiscal year for which grants are awarded under this 
section, the Secretary shall submit to the Committee on Homeland 
Security and the Committee on House Administration of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on Rules and Administration of the Senate a 
report describing such grants and analyzing the impact, if any, of such 
grants on the security and operation of election infrastructure.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $6,250,000 for each of fiscal years 2018 
through 2026 for purposes of carrying out this section.
    ``(d) Eligible Entity Defined.--In this section, the term `eligible 
entity' means--
            ``(1) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a))), including an institution of higher education that is 
        a historically Black college or university (which has the 
        meaning given the term ``part B institution'' in section 322 of 
        such Act (20 U.S.C. 1061)) or other minority-serving 
        institution listed in section 371(a) of such Act (20 U.S.C. 
        1067q(a));
            ``(2) an organization described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from tax under section 
        501(a) of such Code; or
            ``(3) an organization, association, or a for-profit 
        company, including a small business concern (as such term is 
        defined under section 3 of the Small Business Act (15 U.S.C. 
        632)), including a small business concern owned and controlled 
        by socially and economically disadvantaged individuals as 
        defined under section 8(d)(3)(C) of the Small Business Act (15 
        U.S.C. 637(d)(3)(C)).''.
    (b) Definition.--Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended--
            (1) by redesignating paragraphs (6) through (20) as 
        paragraphs (7) through (21), respectively; and
            (2) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) Election infrastructure.--The term `election 
        infrastructure' means storage facilities, polling places, and 
        centralized vote tabulation locations used to support the 
        administration of elections for public office, as well as 
        related information and communications technology, including 
        voter registration databases, voting machines, electronic mail 
        and other communications systems (including electronic mail and 
        other systems of vendors who have entered into contracts with 
        election agencies to support the administration of elections, 
        manage the election process, and report and display election 
        results), and other systems used to manage the election process 
        and to report and display election results on behalf of an 
        election agency.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by striking both items 
relating to section 319 and the item relating to section 318 and 
inserting the following new items:

``Sec. 318. Social media working group.
``Sec. 319. Transparency in research and development.
``Sec. 320. EMP and GMD mitigation research and development.
``Sec. 321. Election infrastructure innovation grant program.''.

                      TITLE II--SECURITY MEASURES

SEC. 201. ELECTION INFRASTRUCTURE DESIGNATION.

    Subparagraph (J) of section 2001(3) of the Homeland Security Act of 
2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election 
infrastructure'' before the period at the end.

SEC. 202. TIMELY THREAT INFORMATION.

    Subsection (d) of section 201 of the Homeland Security Act of 2002 
(6 U.S.C. 121) is amended by adding at the end the following new 
paragraph:
            ``(27) To provide timely threat information regarding 
        election infrastructure to the chief State election official of 
        the State with respect to which such information pertains.''.

SEC. 203. SECURITY CLEARANCE ASSISTANCE FOR ELECTION OFFICIALS.

    In order to promote the timely sharing of information on threats to 
election infrastructure, the Secretary may--
            (1) help expedite a security clearance for the chief State 
        election official and other appropriate State personnel 
        involved in the administration of elections, as designated by 
        the chief State election official;
            (2) sponsor a security clearance for the chief State 
        election official and other appropriate State personnel 
        involved in the administration of elections, as designated by 
        the chief State election official; and
            (3) facilitate the issuance of a temporary clearance to the 
        chief State election official and other appropriate State 
        personnel involved in the administration of elections, as 
        designated by the chief State election official, if the 
        Secretary determines classified information to be timely and 
        relevant to the election infrastructure of the State at issue.

SEC. 204. PRE-ELECTION THREAT ASSESSMENTS.

    (a) Submission of Assessment by DNI.--Not later than 180 days 
before the date of each regularly scheduled general election for 
Federal office, the Director of National Intelligence shall submit an 
assessment of the full scope of threats to election infrastructure, 
including cybersecurity threats posed by State actors and terrorist 
groups, and recommendations to address or mitigate the threats, as 
developed by the Secretary and Chairman, to--
            (1) the chief State election official of each State;
            (2) the Committees on Homeland Security and House 
        Administration of the House of Representatives and the 
        Committees on Homeland Security and Governmental Affairs and 
        Rules and Administration of the Senate; and
            (3) any other appropriate congressional committees.
    (b) Effective Date.--Subsection (a) shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2018 and each succeeding regularly scheduled general election 
for Federal office.

SEC. 205. SECURITY RISK AND VULNERABILITY ASSESSMENTS.

    (a) In General.--Paragraph (6) of section 227(c) of the Homeland 
Security Act of 2002 (6 U.S.C. 148(c)) is amended by inserting 
``(including by carrying out a security risk and vulnerability 
assessment)'' after ``risk management support''.
    (b) Prioritization To Enhance Election Security.--
            (1) In general.--Not later than 90 days after receiving a 
        written request from a chief State election official, the 
        Secretary shall, to the extent practicable, commence a security 
        risk and vulnerability assessment (pursuant to paragraph (6) of 
        section 227(c) of the Homeland Security Act of 2002, as amended 
        by subsection (a)) on election infrastructure in the State at 
        issue.
            (2) Notification.--If the Secretary, upon receipt of a 
        request described in paragraph (1), determines that a security 
        risk and vulnerability assessment cannot be commenced within 90 
        days, the Secretary shall expeditiously notify the chief State 
        election official who submitted such request.

SEC. 206. ANNUAL REPORT.

    Not later than one year after the date of the enactment of this Act 
and annually thereafter through 2026, the Secretary shall submit to the 
Committee on Homeland Security and the Committee on House 
Administration of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on Rules 
and Administration of the Senate a report on--
            (1) efforts to carry out section 203 during the prior year, 
        including specific information on which States were helped, how 
        many officials have been helped in each State, how many 
        security clearances have been sponsored in each State, and how 
        many temporary clearances have been issued in each State; and
            (2) efforts to carry out section 205 during the prior year, 
        including specific information on which States were helped, the 
        dates on which the Secretary received a request for a security 
        risk and vulnerability assessment pursuant to such section, the 
        dates on which the Secretary commenced each such request, and 
        the dates on which the Secretary transmitted a notification in 
        accordance with subsection (b)(2) of such section.

     TITLE III--ENHANCING PROTECTIONS FOR UNITED STATES DEMOCRATIC 
                              INSTITUTIONS

SEC. 301. NATIONAL STRATEGY TO PROTECT UNITED STATES DEMOCRATIC 
              INSTITUTIONS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the President, acting through the Secretary, in 
consultation with the Chairman, the Secretary of Defense, the Secretary 
of State, the Attorney General, the Secretary of Education, the 
Director of National Intelligence, the Chairman of the Federal Election 
Commission, and the heads of any other appropriate Federal agencies, 
shall issue a national strategy to protect against cyber attacks, 
influence operations, disinformation campaigns, and other activities 
that could undermine the security and integrity of United States 
democratic institutions.
    (b) Considerations.--The national strategy required under 
subsection (a) shall include consideration of the following:
            (1) The threat of a foreign State actor, foreign terrorist 
        organization (as designated pursuant to section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189)), or a domestic 
        actor carrying out a cyber attack, influence operation, 
        disinformation campaign, or other activity aimed at undermining 
        the security and integrity of United States democratic 
        institutions.
            (2) The extent to which United States democratic 
        institutions are vulnerable to a cyber attack, influence 
        operation, disinformation campaign, or other activity aimed at 
        undermining the security and integrity of such democratic 
        institutions.
            (3) Potential consequences, such as an erosion of public 
        trust or an undermining of the rule of law, that could result 
        from a successful cyber attack, influence operation, 
        disinformation campaign, or other activity aimed at undermining 
        the security and integrity of United States democratic 
        institutions.
            (4) Lessons learned from other Western governments the 
        institutions of which were subject to a cyber attack, influence 
        operation, disinformation campaign, or other activity aimed at 
        undermining the security and integrity of such institutions, as 
        well as actions that could be taken by the United States 
        Government to bolster collaboration with foreign partners to 
        detect, deter, prevent, and counter such activities.
            (5) Potential impacts such as an erosion of public trust in 
        democratic institutions as could be associated with a 
        successful cyber breach or other activity negatively affecting 
        election infrastructure.
            (6) Roles and responsibilities of the Secretary, the 
        Chairman, and the heads of other Federal entities and non-
        Federal entities, including chief State election officials and 
        representatives of multi-State information sharing and analysis 
        center.
            (7) Any findings, conclusions, and recommendations to 
        strengthen protections for United States democratic 
        institutions that have been agreed to by a majority of 
        Commission members on the National Commission To Protect United 
        States Democratic Institutions, authorized pursuant to section 
        302.
    (c) Implementation Plan.--Not later than 90 days after the issuance 
of the national strategy required under subsection (a), the President, 
acting through the Secretary, in coordination with the Chairman, shall 
issue an implementation plan for Federal efforts to implement such 
strategy that includes the following:
            (1) Strategic objectives and corresponding tasks.
            (2) Projected timelines and costs for the tasks referred to 
        in paragraph (1).
            (3) Metrics to evaluate performance of such tasks.
    (d) Classification.--The national strategy required under 
subsection (a) shall be in unclassified form but may contain a 
classified annex.

SEC. 302. NATIONAL COMMISSION TO PROTECT UNITED STATES DEMOCRATIC 
              INSTITUTIONS.

    (a) Establishment.--There is established within the legislative 
branch the National Commission To Protect United States Democratic 
Institutions (hereafter in this section referred to as the 
``Commission'').
    (b) Purpose.--The purpose of the Commission is to counter efforts 
to undermine democratic institutions within the United States.
    (c) Composition.--
            (1) Membership.--The Commission shall be composed of 10 
        members appointed for the life of the Commission as follows:
                    (A) One member shall be appointed by the Secretary.
                    (B) One member shall be appointed by the Chairman.
                    (C) Two members shall be appointed by the majority 
                leader of the Senate, in consultation with the Chairman 
                of the Committee on Homeland Security and Governmental 
                Affairs and the Chairman of the Committee on Rules and 
                Administration.
                    (D) Two members shall be appointed by the minority 
                leader of the Senate, in consultation with the ranking 
                minority member of the Committee on Homeland Security 
                and Governmental Affairs and the ranking minority 
                member of the Committee on Rules and Administration.
                    (E) Two members shall be appointed by the Speaker 
                of the House of Representatives, in consultation with 
                the Chairman of the Committee on Homeland Security and 
                the Chairman of the Committee on House Administration.
                    (F) Two members shall be appointed by the minority 
                leader of the House of Representatives, in consultation 
                with the ranking minority member of the Committee on 
                Homeland Security and the ranking minority member of 
                the Committee on House Administration.
            (2) Qualifications.--Individuals shall be selected for 
        appointment to the Commission solely on the basis of their 
        professional qualifications, achievements, public stature, 
        experience, and expertise in relevant fields, including, but 
        not limited to cybersecurity, national security, and the 
        Constitution of the United States.
            (3) No compensation for service.--Members shall not receive 
        compensation for service on the Commission, but shall receive 
        travel expenses, including per diem in lieu of subsistence, in 
        accordance with chapter 57 of title 5, United States Code.
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed no later than 60 days after the 
        date of the enactment of this Act.
            (5) Vacancies.--A vacancy on the Commission shall not 
        affect its powers and shall be filled in the manner in which 
        the original appointment was made. The appointment of the 
        replacement member shall be made not later than 60 days after 
        the date on which the vacancy occurs.
    (d) Chair and Vice Chair.--The Commission shall elect a Chair and 
Vice Chair from among its members.
    (e) Quorum and Meetings.--
            (1) Quorum.--The Commission shall meet and begin the 
        operations of the Commission not later than 30 days after the 
        date on which all members have been appointed or, if such 
        meeting cannot be mutually agreed upon, on a date designated by 
        the Speaker of the House of Representatives and the President 
        pro Tempore of the Senate. Each subsequent meeting shall occur 
        upon the call of the Chair or a majority of its members. A 
        majority of the members of the Commission shall constitute a 
        quorum, but a lesser number may hold meetings.
            (2) Authority of individuals to act for commission.--Any 
        member of the Commission may, if authorized by the Commission, 
        take any action that the Commission is authorized to take under 
        this section.
    (f) Powers.--
            (1) Hearings and evidence.--The Commission (or, on the 
        authority of the Commission, any subcommittee or member 
        thereof) may, for the purpose of carrying out this section, 
        hold hearings and sit and act at such times and places, take 
        such testimony, receive such evidence, and administer such 
        oaths as the Commission considers advisable to carry out its 
        duties.
            (2) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriation Acts, enter into 
        contracts to enable the Commission to discharge its duties 
        under this section.
    (g) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance provided under paragraph (1), the Department of 
        Homeland Security, the Election Assistance Commission, and 
        other appropriate departments and agencies of the United States 
        shall provide to the Commission such services, funds, 
        facilities, and staff as they may determine advisable and as 
        may be authorized by law.
    (h) Public Meetings.--Any public meetings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.
    (i) Security Clearances.--
            (1) In general.--The heads of appropriate departments and 
        agencies of the executive branch shall cooperate with the 
        Commission to expeditiously provide Commission members and 
        staff with appropriate security clearances to the extent 
        possible under applicable procedures and requirements.
            (2) Preferences.--In appointing staff, obtaining detailees, 
        and entering into contracts for the provision of services for 
        the Commission, the Commission shall give preference to 
        individuals otherwise who have active security clearances.
    (j) Reports.--
            (1) Interim reports.--At any time prior to the submission 
        of the final report under paragraph (2), the Commission may 
        submit interim reports to the President and Congress such 
        findings, conclusions, and recommendations to strengthen 
        protections for democratic institutions in the United States as 
        have been agreed to by a majority of the members of the 
        Commission.
            (2) Final report.--Not later than 18 months after the date 
        of the first meeting of the Commission, the Commission shall 
        submit to the President and Congress a final report containing 
        such findings, conclusions, and recommendations to strengthen 
        protections for democratic institutions in the United States as 
        have been agreed to by a majority of the members of the 
        Commission.
    (k) Termination.--
            (1) In general.--The Commission shall terminate upon the 
        expiration of the 60-day period which begins on the date on 
        which the Commission submits the final report required under 
        subsection (j)(2).
            (2) Administrative activities prior to termination.--During 
        the 60-day period described in paragraph (2), the Commission 
        may carry out such administrative activities as may be required 
        to conclude its work, including providing testimony to 
        committees of Congress concerning the final report and 
        disseminating the final report.
    (l) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``Chairman'' means the chair of the Election 
        Assistance Commission.
            (2) The term ``chief State election official'' means, with 
        respect to a State, the individual designated by the State 
        under section 10 of the National Voter Registration Act of 1993 
        (52 U.S.C. 20509) to be responsible for coordination of the 
        State's responsibilities under such Act.
            (3) The term ``Commission'' means the Election Assistance 
        Commission.
            (4) The term ``democratic institutions'' means the diverse 
        range of institutions that are essential to ensuring an 
        independent judiciary, free and fair elections, and rule of 
        law.
            (5) The term ``election agency'' means any component of a 
        State, or any component of a unit of local government in a 
        State, which is responsible for the administration of elections 
        for Federal office in the State.
            (6) The term ``election infrastructure'' means storage 
        facilities, polling places, and centralized vote tabulation 
        locations used to support the administration of elections for 
        public office, as well as related information and 
        communications technology, including voter registration 
        databases, voting machines, electronic mail and other 
        communications systems (including electronic mail and other 
        systems of vendors who have entered into contracts with 
        election agencies to support the administration of elections, 
        manage the election process, and report and display election 
        results), and other systems used to manage the election process 
        and to report and display election results on behalf of an 
        election agency.
            (7) The term ``Secretary'' means the Secretary of Homeland 
        Security.
            (8) The term ``State'' has the meaning given such term in 
        section 901 of the Help America Vote Act of 2002 (52 U.S.C. 
        21141).

SEC. 402. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR 
              IMPLEMENTATION.

    Not later than 120 days after the enactment of this Act, the 
Chairman and the Secretary shall submit a report to the appropriate 
committees of Congress, including the Committees on Homeland Security 
and House Administration of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
analyzing the adequacy of the funding, resources, and personnel 
available to carry out this Act and the amendments made by this Act.
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