Title: Federal Election Failsafe Act
Policy area: Government Operations and Politics

Summary:
Federal Election Failsafe Act
This bill requires the Department of Homeland Security (DHS) to establish guidelines that states must meet for the continuing administration of federal elections in the event of a terrorist attack, an election cybersecurity incident, or a public health emergency.
Specifically, DHS must establish guidelines for the administration of federal elections by states in the event that a state's ability to carry out federal elections is adversely affected by a terrorist attack, an election cybersecurity incident, or a public health emergency. Such guidelines must include, among other elements, guidelines for ensuring that voting systems are resilient to attack so that systems accurately capture and report each vote cast by voters.
States must establish and implement plans to provide for the continuing administration of federal elections which meet the guidelines established by DHS, including plans to continue elections through remote voting. Additionally, state and local election officials must carry out exercises to respond to simulated attacks.
The Election Assistance Commission must provide grants to state and local election officials to assist with meeting the bill's requirements.
The bill also requires the Government Accountability Office to study the risks and benefits associated with relying on electronic voting technology in federal elections.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6673 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6673

 To amend the Help America Vote Act of 2002 to direct the Secretary of 
 Homeland Security to establish guidelines for failsafe plans for the 
 administration of elections for Federal office in the event that the 
ability of a State to administer the election is adversely affected by 
   a terrorist attack, a cybersecurity incident, or a public health 
emergency, to require States to establish and administer failsafe plans 
in accordance with such guidelines and to provide funds to assist State 
and local election officials in the establishment and administration of 
                  such plans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2020

 Ms. Jackson Lee introduced the following bill; which was referred to 
the Committee on House Administration, and in addition to the Committee 
on Homeland Security, 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 amend the Help America Vote Act of 2002 to direct the Secretary of 
 Homeland Security to establish guidelines for failsafe plans for the 
 administration of elections for Federal office in the event that the 
ability of a State to administer the election is adversely affected by 
   a terrorist attack, a cybersecurity incident, or a public health 
emergency, to require States to establish and administer failsafe plans 
in accordance with such guidelines and to provide funds to assist State 
and local election officials in the establishment and administration of 
                  such plans, 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 ``Federal Election Failsafe Act''.

SEC. 2. REQUIRING STATES TO ESTABLISH FAILSAFE PLANS FOR ADMINISTRATION 
              OF ELECTIONS IN EVENT OF TERRORIST ATTACK, CYBERSECURITY 
              INCIDENT, OR PUBLIC HEALTH EMERGENCY.

    (a) Requirement for Failsafe Plans.--Title III of the Help America 
Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the 
end the following new subtitle:

      ``Subtitle C--Failsafe Plans for Administration of Elections

``SEC. 321. REQUIRING ESTABLISHMENT AND IMPLEMENTATION OF FAILSAFE 
              PLANS IN EVENT OF TERRORIST ATTACKS, CYBERSECURITY 
              INCIDENTS, OR PUBLIC HEALTH EMERGENCIES.

    ``(a) Establishment of Guidelines by Secretary of Homeland 
Security.--The Secretary of Homeland Security shall establish 
guidelines for the continuing administration of elections for Federal 
office by States in the event that a State's ability to carry out the 
administration of such elections is adversely affected by a terrorist 
attack, an election cybersecurity incident, or a public health 
emergency.
    ``(b) Requiring States To Establish and Implement Plans Meeting 
Guidelines.--
            ``(1) Requirement.--Each State shall establish and 
        implement failsafe plans to provide for the continuing 
        administration of elections for Federal office in the State in 
        the event of a terrorist attack, an election cybersecurity 
        incident, or a public health emergency which meet the 
        guidelines established by the Secretary of Homeland Security 
        under this subtitle.
            ``(2) Simulation exercises.--As part of the implementation 
        of failsafe plans under this section, State and local election 
        officials shall carry out `tabletop' exercises under which such 
        officials shall respond to a simulated terrorist attack, 
        election cybersecurity incident, and public health emergency 
        and, based on the response, address the specific risks to the 
        successful administration of election which are identified by 
        such exercises. The Secretary shall assist such officials with 
        the preparation for and implementation of such exercises.

``SEC. 322. PURPOSES AND ELEMENTS OF GUIDELINES.

    ``(a) In General.--The guidelines the Secretary established under 
this subtitle shall include--
            ``(1) guidelines for ensuring that voting systems are 
        resilient against election cybersecurity incidents, including 
        terrorist or state-sponsored cyber attacks, so that the systems 
        operate as intended and accurately capture each vote as cast by 
        voters, retain these votes, and accurately report these votes 
        for purposes of tabulating and reporting official tallies in 
        such elections;
            ``(2) guidelines for failsafe plans to continue the 
        administration of elections in case an election system fails in 
        part or in whole as the result of a terrorist attack or an 
        election cybersecurity incident on the date of the election or 
        during an early voting period, including plans for addressing 
        polling location needs, based on the Secretary's assessment of 
        which elements of voting systems are most critical to ensuring 
        the continuing performance of essential election functions; and
            ``(3) guidelines for failsafe plans to continue the 
        administration of elections through remote voting, including 
        voting by mail, in the event that in-person voting will 
        jeopardize the health and safety of voters and election 
        officials because of a public health emergency.
    ``(b) Specific Elements To Be Addressed.--The Secretary of Homeland 
Security shall address each of the following elements in the guidelines 
the Secretary establishes under this subtitle:
            ``(1) In the event that, as the result of an election 
        cybersecurity incident, election poll books fail or that their 
        operation does not meet the demands posed by voters presenting 
        themselves to vote during an early voting or on the date of the 
        election, the State shall ensure that a paper backup of all 
        registered voters for the assigned polling location is 
        available for immediate use by poll workers.
            ``(2) In the event that, as the result of an election 
        cybersecurity incident, ballot marking technology fails, the 
        Secretary shall provide paper ballots to the appropriate 
        election officials in each congressional district in sufficient 
        quantities to permit voting to continue. Each such ballot shall 
        include each candidate for election for Federal office in such 
        district. The appropriate State election officials shall 
        provide the Secretary, at such times as the Secretary may 
        require, with the information necessary to enable the Secretary 
        to provide such ballots.
            ``(3) The need for conducting audits of Federal election 
        results based upon random samples of physical ballots and 
        electronic voting system technology to authenticate the 
        accuracy of the data reported by polling locations, including 
        results from local jurisdictions and statewide totals. If these 
        random samples raise questions regarding the accuracy or 
        reliability of the reported totals for the election, the 
        guidelines shall provide that the Secretary shall coordinate 
        with the appropriate election officials and make available to 
        them security personnel to secure vote tabulation facilities 
        and ballots, and otherwise support the efforts of such 
        officials in ensuring the integrity of the ballots and the 
        accuracy of the information reported.
            ``(4) The State shall have in place measures to ensure the 
        physical security of election officials, and to ensure the 
        safety and health of election officials in the event of a 
        public health emergency. The Secretary shall develop and make 
        available to the States special training programs for security 
        personnel who are assigned to protect election officials, with 
        a special emphasis on protecting election officials at the 
        polling place in a manner which does not intimidate voters and 
        which promotes an open, fair, and free voting process.
    ``(c) Consultation.--In establishing guidelines under this section, 
the Secretary shall consult with the Election Assistance Commission, 
the National Association of Secretaries of State, and the National 
Association of State Election Directors.

``SEC. 323. FUNDING.

    ``(a) Grants to Election Officials.--The Commission shall provide 
grants to eligible State and local election officials to assist such 
officials in meeting the requirements of this subtitle.
    ``(b) Eligibility.--A State or local election official is eligible 
to receive a grant under this section if the official submits to the 
Commission, at such time and in such form as the Commission may 
require, an application containing such information and assurances as 
the Commission may require.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $550,000,000 for grants under this section for fiscal year 
2020 and each succeeding fiscal year, of which--
            ``(1) $400,000,000 shall be used for grants to State 
        election officials; and
            ``(2) $150,000,000 shall be used for grants to local 
        election officials whose jurisdictions include an urban area.

``SEC. 324. DEFINITIONS.

    ``In this subtitle, the following definitions apply:
            ``(1) 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.
            ``(2) The term `election cybersecurity incident' means an 
        occurrence that actually or imminently jeopardizes, without 
        lawful authority, the integrity, confidentiality, or 
        availability of information on an information system of 
        election infrastructure, or actually or imminently jeopardizes, 
        without lawful authority, an information system of election 
        infrastructure.
            ``(3) 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 election service providers 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.
            ``(4) The term `election service provider' means any person 
        providing, supporting, or maintaining any information system 
        which is part of an election infrastructure, such as a 
        contractor or vendor.
            ``(5) The term `information system' means a discrete set of 
        information resources organized for the collection, processing, 
        maintenance, use, sharing, dissemination, or disposition of 
        information.
            ``(6) The term `urban area' means an area within a 
        Metropolitan Statistical Area, as defined by the Office of 
        Management and Budget.

``SEC. 325. EFFECTIVE DATE.

    ``This subtitle shall apply with respect to the regularly scheduled 
general elections for Federal office held in November 2020 and each 
succeeding election for Federal office.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking the period at the end 
and inserting the following: ``, and to enforce the requirements of 
subtitle C of title III.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title III the 
following:

      ``Subtitle C--Failsafe Plans for Administration of Elections

``Sec. 321. Requiring establishment and implementation of failsafe 
                            plans in event of terrorist attacks, 
                            cybersecurity incidents, or public health 
                            emergencies.
``Sec. 322. Purposes and elements of guidelines.
``Sec. 323. Funding.
``Sec. 324. Definitions.
``Sec. 325. Effective date.''.

SEC. 3. REPORT ON IMPLEMENTATION BY SECRETARY OF HOMELAND SECURITY.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit a report on the 
steps taken by the Secretary to carry out this Act and the amendments 
made by this Act to each of the following:
            (1) The Committee on Homeland Security of the House of 
        Representatives.
            (2) The Committee on House Administration of the House of 
        Representatives.
            (3) The Permanent Select Committee on Intelligence of the 
        House of Representatives.
            (4) The Committee on Armed Services of the House of 
        Representatives.
            (5) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (6) The Committee on Rules and Administration of the 
        Senate.
            (7) The Select Committee on Intelligence of the Senate.
            (8) The Committee on Armed Services of the Senate.

SEC. 4. GAO STUDY AND REPORT ON RISKS OF RELIANCE ON ELECTRONIC 
              TECHNOLOGIES IN ELECTION ADMINISTRATION.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study analyzing the risks and benefits associated with the 
reliance upon electronic voting technology in the administration of 
elections for Federal office, including the potential consequences of a 
systemic and comprehensive failure of such technology during early 
voting periods or on the date of the election.
    (b) Report.--Not later than 240 days after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the study conducted under subsection (a), and shall include 
in the report recommendations on how to mitigate the cybersecurity 
risks posed by the adoption and use of electronic voting systems 
technology in the administration of elections for Federal office.
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