Title: Protect American Voters Act
Policy area: Government Operations and Politics

Summary:
Protect American Voters Act
This bill establishes a specified technology committee and unit within the Election Assistance Commission (EAC) to address the security of election technology.
Specifically, the bill establishes the Emerging Election Technology Committee to advise the EAC on voluntary guidelines for election officials on the use of nonvoting election technology. Nonvoting election technology refers to the technology used in the administration of federal elections which is not used directly in the casting, counting, tabulating, or collecting of ballots or votes (e.g., electronic pollbooks or election result reporting systems). The EAC must (1) take into account the recommendations of the technology committee and adopt such voluntary guidelines, and (2) review and update such guidelines every two years.
The bill also establishes the Election Cyber Assistance Unit to provide state and local election officials with access to risk management, resiliency, and technical support services provided by election administration and cybersecurity experts.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5707 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5707

   To amend the Help America Vote Act of 2002 to direct the Election 
  Assistance Commission to adopt voluntary guidelines for the use of 
nonvoting election technology, to require the Director of the National 
 Institute of Standards and Technology to submit annual status reports 
  on the extent to which the Director has carried out the Director's 
 responsibilities under such Act and carried out projects requested by 
  the Election Assistance Commission, to establish an Election Cyber 
 Assistance Unit in the Election Assistance Commission, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2020

Mr. Rodney Davis of Illinois (for himself, Mr. Loudermilk, Mr. Walker, 
 Mr. Riggleman, Mr. Hagedorn, Mr. Chabot, Ms. Stefanik, Mr. Katko, and 
  Mr. Young) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
    Science, Space, and Technology, 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 Election 
  Assistance Commission to adopt voluntary guidelines for the use of 
nonvoting election technology, to require the Director of the National 
 Institute of Standards and Technology to submit annual status reports 
  on the extent to which the Director has carried out the Director's 
 responsibilities under such Act and carried out projects requested by 
  the Election Assistance Commission, to establish an Election Cyber 
 Assistance Unit in the Election Assistance Commission, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect American Voters Act''.

SEC. 2. VOLUNTARY GUIDELINES FOR USE OF NONVOTING ELECTION TECHNOLOGY.

    (a) Adoption of Voluntary Guidelines by Election Assistance 
Commission.--Title II of the Help America Vote Act of 2002 (52 U.S.C. 
20921 et seq.) is amended by adding at the end the following new 
subtitle:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``SEC. 297. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.

    ``(a) Adoption.--The Commission shall adopt voluntary guidelines 
for election officials on the use of nonvoting election technology, 
taking into account the recommendations of the Emerging Election 
Technology Committee under section 297A.
    ``(b) Review.--The Commission shall review and update the 
guidelines adopted under this subtitle not less frequently than once 
every 2 years.
    ``(c) Process for Adoption.--The adoption of the voluntary 
guidelines under this subtitle shall be carried out by the Commission 
in a manner that provides for each of the following:
            ``(1) Publication of notice of the proposed guidelines in 
        the Federal Register.
            ``(2) An opportunity for public comment on the proposed 
        guidelines.
            ``(3) An opportunity for a public hearing on the record.
            ``(4) Publication of the final recommendations in the 
        Federal Register.
    ``(d) Deadline for Initial Set of Guidelines.--The Commission shall 
adopt the initial set of voluntary guidelines under this section not 
later than June 1, 2021.

``SEC. 297A. EMERGING ELECTION TECHNOLOGY COMMITTEE.

    ``(a) Establishment.--There is established in the Commission the 
Emerging Election Technology Committee (hereafter in this section 
referred to as the `Technology Committee').
    ``(b) Duties.--The Technology Committee shall assist the Commission 
in the adoption of voluntary guidelines under section 297, including by 
providing the Commission with recommendations on appropriate standards 
for the use of nonvoting election technology, including standards to 
ensure the security and promote the usability of such technology.
    ``(c) Membership.--
            ``(1) In general.--The Technology Committee shall be 
        composed of members appointed by the Commission as follows:
                    ``(A) Each member shall have expertise in the 
                operation of nonvoting election technology.
                    ``(B) At least three of the members shall be State 
                or local election officials.
                    ``(C) At least four of the members shall be 
                individuals who are not employees of the Commission.
            ``(2) Number.--The number of members of the Technology 
        Committee shall be determined by the Commission.
            ``(3) Quorum.--A majority of the members of the Technology 
        Committee shall constitute a quorum, except that the Technology 
        Committee may not conduct any business prior to the appointment 
        of all of its members.
    ``(d) Chair.--The members of the Technology Committee shall select 
one of the members to serve as chair of the Committee.
    ``(e) No Compensation for Service.--Members of the Technology 
Committee shall not receive any compensation for their service, but 
shall be paid travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the performance of 
services for the Committee.

``SEC. 297B. NONVOTING ELECTION TECHNOLOGY DEFINED.

    ``In this subtitle, the term `nonvoting election technology' means 
technology used in the administration of elections for Federal office 
which is not used directly in the casting, counting, tabulating, or 
collecting of ballots or votes, including each of the following:
            ``(1) Electronic pollbooks.
            ``(2) Election result reporting systems.
            ``(3) Electronic ballot delivery systems.
            ``(4) Online voter registration systems.
            ``(5) Polling place location search systems.
            ``(6) Sample ballot portals.
            ``(7) Such other technology as may be recommended for 
        treatment as nonvoting election technology as the Emerging 
        Election Technology Committee may recommend.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title II the 
following:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``Sec. 297. Adoption of voluntary guidelines by Commission.
``Sec. 297A. Emerging Election Technology Committee.
``Sec. 297B. Nonvoting election technology defined.''.

SEC. 3. STATUS REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND 
              TECHNOLOGY.

    Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) 
is amended by adding at the end the following new subsection:
    ``(e) Status Reports by National Institute of Standards and 
Technology.--Not later than 60 days after the end of each fiscal year 
(beginning with 2020), the Director of the National Institute of 
Standards and Technology shall submit to Congress a status report 
describing--
            ``(1) the extent to which the Director carried out the 
        Director's responsibilities under this Act during the fiscal 
        year, including the responsibilities imposed under this section 
        and the responsibilities imposed with respect to the Technical 
        Guidelines Development Committee under section 222, together 
        with the Director's best estimate of when the Director will 
        completely carry out any responsibility which was not carried 
        out completely during the fiscal year; and
            ``(2) the extent to which the Director carried out any 
        projects requested by the Commission during the fiscal year, 
        together with the Director's best estimate of when the Director 
        will complete any such project which the Director did not 
        complete during the fiscal year.''.

SEC. 4. ESTABLISHMENT OF ELECTION CYBER ASSISTANCE UNIT IN ELECTION 
              ASSISTANCE COMMISSION.

    (a) In General.--Subtitle A of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end 
the following new part:

                ``PART 4--ELECTION CYBER ASSISTANCE UNIT

``SEC. 225. ELECTION CYBER ASSISTANCE UNIT.

    ``(a) Establishment.--There is established in the Commission the 
Election Cyber Assistance Unit (hereafter in this part referred to as 
the `Unit').
    ``(b) Duties.--The Unit will provide State and local election 
officials in various geographic regions of the United States with 
access to risk-management, resiliency, and technical support services 
provided by election administration and cybersecurity experts who will 
be based in such regions and who may provide such services in person, 
by telephone, or online.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to subtitle A of 
title II the following:

                ``Part 4--Election Cyber Assistance Unit

``Sec. 225. Election Cyber Assistance Unit.''.
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