Bill Summary
This bill, also known as the "Protect American Voters Act", seeks to amend the Help America Vote Act of 2002 by adding new provisions related to nonvoting election technology. It directs the Election Assistance Commission (EAC) to adopt voluntary guidelines for the use of such technology and establishes an Emerging Election Technology Committee (ETC) to assist the EAC in this process. The bill also requires the Director of the National Institute of Standards and Technology (NIST) to submit annual status reports on their activities related to the Act and any projects requested by the EAC. Additionally, it establishes an Election Cyber Assistance Unit within the EAC to provide support and services to state and local election officials regarding risk-management, resiliency, and cybersecurity.
Possible Impacts
1. The "Protect American Voters Act" could have a direct impact on election officials and workers as they would have to adhere to the voluntary guidelines for the use of nonvoting election technology, potentially changing the way they carry out their duties.
2. The establishment of the "Election Cyber Assistance Unit" could benefit state and local election officials by providing them with access to risk management and technical support services, potentially helping them better prepare for and prevent cyber attacks on their election systems.
3. The requirement for the Director of the National Institute of Standards and Technology to submit annual status reports could hold government agencies accountable for fulfilling their responsibilities under the Help America Vote Act and completing projects requested by the Election Assistance Commission.
[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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