Election Technology Research Act of 2020
Floor Speech
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Ms. SHERRILL. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 4990) to direct the National Institute of Standards and Technology and the National Science Foundation to carry out research and other activities to promote the security and modernization of voting systems, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 4990
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 ``Election Technology Research Act of 2020''. SEC. 2. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
(a) Voting Systems Research.--The Director of the National Institute of Standards and Technology, in collaboration with the National Science Foundation as appropriate, shall carry out a program of research on voting systems, including--
(1) the cybersecurity of different components of such systems;
(2) end-to-end verifiable systems;
(3) Internet-enabled voting;
(4) the accessibility and usability of different components of such systems;
(5) voter privacy and data protection;
(6) methods for auditing elections;
(7) the interoperability of system technologies;
(8) means for providing voters with the ability to easily check whether a ballot sent by mail has been dispatched to the voter and whether the voter's marked ballot has been received and accepted by the appropriate election official;
(9) the reliability of various approaches to voter authentication; and
(10) such other areas of research as the Director of the National Institute of Standards and Technology determines to be appropriate and related to the security and integrity of elections for Federal office.
(b) Elections Systems Center of Excellence.--
(1) In general.--The Director of the National Institute of Standards and Technology shall make an award to an institution of higher education or an eligible nonprofit organization (or a consortium thereof) to establish a Center of Excellence in Election Systems.
(2) Collaborations.--The Director shall ensure that the Center of Excellence includes a collaboration of institutions of higher education, nonprofit organizations, private sector entities, and State and local election officials.
(3) Purpose.--The purpose of the Center of Excellence shall be to--
(A) conduct measurement research and statistical analyses to inform the development of standards for technologies and processes that contribute to more secure, fair, and accessible elections;
(B) test and evaluate the security, usability, and accessibility of the technologies of voting systems, including the accessibility of poll book data by voters;
(C) research testing methods that could be used for the certification of voting system technologies;
(D) educate and train students studying in science, technology, engineering, and mathematics fields to conduct measurement science and standards research relevant to such systems; and
(E) foster collaboration among academic researchers, private sector vendors of election technology, and State and local election officials.
(4) Requirements.--
(A) In general.--An institution of higher education or an eligible nonprofit organization (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.
(B) Applications.--Each application under subparagraph (A) shall include a description of--
(i) how the Center will work with other research institutions, industry partners, and State or local election officials to identify the measurement, testing, and standards needs of voting systems and to leverage the expertise of election practitioners; and
(ii) how the Center will promote active collaboration among researchers in multiple disciplines involved in ensuring the security and integrity of such systems.
(C) Selection and duration.--Each Center established under this section is authorized to carry out activities for a period of 5 years, renewable for an additional 5 years at the discretion of the Director.
(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $12,000,000 for each of the fiscal years 2021 through 2025. SEC. 3. NATIONAL SCIENCE FOUNDATION.
(a) Research Grants.--The Director of the National Science Foundation, in collaboration with the National Institute of Standards and Technology and other relevant agencies, as appropriate, shall award basic research grants to increase the understanding of cyber and other threats to voting systems and to inform the development of technologies, processes, and policies that contribute to more secure, fair, and accessible elections, including research on--
(1) the cybersecurity of different components of such systems;
(2) end-to-end verifiable systems;
(3) the risks and benefits of Internet-enabled voting;
(4) the human-technology interface, including the usability, accessibility, and comprehensibility of ballot design, ballot marking devices, and other components of such systems;
(5) voter privacy and data protection;
(6) voter practices regarding the verification of ballots generated by ballot marking devices and the likelihood that voters, both with and without disabilities, will recognize errors or omissions with respect to such ballots; and
(7) such other topics as the Director determines to be appropriate and related to the integrity of elections.
(b) Elections Systems Research Center.--
(1) In general.--The Director of the National Science Foundation, in consultation with the Director of the National Institute of Standards and Technology and the Secretary of Homeland Security, as appropriate, shall award grants to institutions of higher education or eligible nonprofit organizations (or consortia thereof) to establish at least 1 multidisciplinary center for elections systems research and education.
(2) Consortia.--A consortia receiving an award under this subsection may include institutions of higher education, nonprofit organizations, private sector entities, and State and local election officials.
(3) Purpose.--The purpose of a center established with a grant awarded under this subsection shall be to--
(A) conduct basic research to advance understanding of cyber and other threats to election systems and the conduct of secure, fair, and accessible elections;
(B) conduct research that may inform the development of technologies, processes, and policies that contribute to more secure, fair, and accessible elections;
(C) educate and train students studying in science, technology, engineering, and mathematics fields to conduct research relevant to election systems;
(D) design curricula that address the growing organizational management and information technology needs of the election community; and
(E) foster collaboration among academic researchers, private sector vendors of election technology, and State and local election officials.
(4) Requirements.--
(A) In general.--An institution of higher education or an eligible nonprofit organization (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director of the National Science Foundation at such time, in such manner, and containing such information as the Director may require.
(B) Applications.--Each application under subparagraph (A) shall include a description of--
(i) how the center established with a grant awarded under this subsection will work with other research institutions, industry partners, and State and local election officials to identify research needs and leverage the expertise of election practitioners; and
(ii) how the center will promote active collaboration among researchers in multiple disciplines involved in elections systems security, including computer science, data science, and social and behavioral sciences.
(5) Selection and duration.--Each center established with a grant awarded under this section is authorized to carry out activities for a period of 5 years, renewable for an additional 5 years at the discretion of the Director.
(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2021 through 2025. SEC. 4. OTHER ACTIVITIES OF NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY TO PROMOTE SECURITY AND MODERNIZATION OF VOTING SYSTEMS.
(a) Common Data Format.--The National Institute of Standards and Technology shall establish and make publicly available common data format specifications for auditing, voter registration, and other elements of voting systems, and provide the specifications to the Technical Guidelines Development Committee of the Election Assistance Commission under section 221(e) of the Help America Vote Act of 2002 (52 U.S.C. 20961(e)).
(b) Elections Systems Certifications.--The National Institute of Standards and Technology shall work in collaboration with the Election Assistance Commission to update the process under which voting systems are certified pursuant to the Help America Vote Act of 2002 so that State and local election officials will be better able to carry out updates and otherwise modernize such systems.
(c) Technical Assistance.--The Director of the National Institute of Standards and Technology shall--
(1) provide technical assistance to State and local election officials on the implementation of cybersecurity standards, privacy standards, risk assessments, risk-limiting audits, and technologies which are incorporated in the voluntary voting system guidelines issued under the Help America Vote Act of 2002; and
(2) in collaboration with the Department of Homeland Security and the Election Assistance Commission, as appropriate, conduct outreach to State and local election officials in order to disseminate best practices for the implementation of such voluntary voting system guidelines. SEC. 5. GAO REPORT.
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit a report to Congress that--
(1) addresses the extent to which efforts by the National Institute of Standards and Technology (NIST) to assist the Technical Guidelines Development Committee of the Election Assistance Commission in the development of voluntary voting systems guidelines have resulted in market-ready standardized voting equipment and software, and addresses the resources made available to NIST to carry out these activities;
(2) addresses efforts by NIST to monitor and review the performance of laboratories accredited by the Elections Assistance Commission and to make recommendations for continuing accreditation, increased voting technology reliability, and the number of accredited private laboratories, and addresses resources made available to NIST to carry out these activities; and
(3) addresses the extent to which the annual list of suggestions required to be submitted by NIST to the Election Assistance Commission for research issues for grants and pilot programs under section 271(d) of the Help America Vote Act of 2002 (52 U.S.C. 21041) and the evaluation of grants and programs by NIST has improved voting technology and been successful in encouraging the implementation of new technologies in voting systems and equipment. SEC. 6. AMENDMENTS TO THE HELP AMERICA VOTE ACT OF 2002.
Section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended--
(1) in the matter preceding paragraph (1), by striking ``this section'' and inserting ``this Act'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (6); and
(4) by inserting after paragraph (1) the following new paragraphs:
``(2) any other paper or electronic technologies or processes for collecting, storing, or transmitting personal information of voters for use in the administration of elections for Federal office, including electronic poll books with respect to an election;
``(3) voter registration databases and systems, including online interfaces;
``(4) systems for carrying out post-election auditing;
``(5) chain-of-custody procedures; and''. SEC. 7. DEFINITIONS.
In this Act--
(1) the term ``voting system'' has the meaning given such term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)), as amended by section 6; and
(2) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
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Ms. SHERRILL. 4990, the bill now under consideration.
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Ms. SHERRILL. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to speak in support of H.R. 4990, the Election Technology Research Act. This bipartisan legislation, which I was proud to introduce alongside my friend Representative Gonzalez, Chairwoman Johnson, and Ranking Member Lucas, is a practical, commonsense bill that would yield important results for the security of our elections.
Madam Speaker, 48 days from today, Americans will exercise one of their most important duties in a democratic society and vote. Amidst a global pandemic, targeted attacks on our democracy by our adversaries, and political unrest, Americans deserve to know that our elections are secure.
Last summer, the Science, Space, and Technology Committee held a hearing with voting technology and election administration experts to discuss U.S. election system technologies and research recommendations made in the 2018 National Academies report, Securing the Vote: Protecting American Democracy. This report and the input we received during that hearing made it clear that targeted research designed to protect our voting systems is not only wise but necessary.
The COVID-19 global pandemic has put stress on our healthcare system, caused nearly 200,000 deaths in the United States, devastated our economy, and underscored racial inequities in our society. But Americans are resilient. They will mail in their ballots or go to their polling stations to cast their vote. Why? Because they care deeply about our country and our democracy. In return, one of our jobs in government is to ensure the American people have confidence in the integrity of our election process.
Nearly 20 years ago, Congress enacted the Help America Vote Act. HAVA provided funding for States to purchase new voting equipment and created the Election Assistance Commission. It also included provisions to advance research, technology, and standards development for voting systems.
There are more than 10,000 voting jurisdictions across the United States. HAVA mandated that the National Institute of Standards and Technology work with the EAC to develop voluntary voting systems guidelines for voting machines.
Today, all U.S. States and territories look to those guidelines to make decisions to about technology procurement and securing their elections. My legislation modernizes the 20-year-old provisions in HAVA to reflect the state of today's technology and the nature of today's election security challenges.
The most important new areas of research and standards development this bill supports are online voter registration systems and electronic poll books. Forty States now offer online voter registration, and many States also use e-poll books on election day for quick access to voter information.
The Election Technology Research Act also creates centers of excellence at NIST and the National Science Foundation to further study a range of important election technology challenges, including cybersecurity, privacy, reliability, and interoperability.
We must strive to ensure the highest standards are in place for all technologies used in the election process. And while the overwhelming majority of election experts agree that the technology is not yet ready for secure voting over the internet, this bill does support continued research on internet voting.
In addition to the security and integrity of voting equipment, voting accessibility is also important. Keeping security at the forefront, we should make it as easy as possible for all voters to cast their ballots. H.R. 4990 supports research at NSF to study ways to improve the voter interface with different voting technologies, including accessibility, ballot design, and ballot-marking devices.
Beyond the ballot box, this bill supports education and training of students and design of curricula focused on organizational management and informational technology needs of the election community.
Finally, H.R. 4990 directs NIST to provide technical assistance to States for their election needs, including risk assessments and risk- limiting audits.
This is a bipartisan piece of legislation. The Members of the House Science, Space, and Technology Committee worked to put together a bipartisan bill that represents our values and our commitment to protecting our democracy. It recognizes the simple fact that technology advances quickly. So, when it comes to something as fundamental as ensuring the security and the sanctity of our elections, it is incumbent upon Congress to pass legislation to make sure our election technology is modern, secure, and state of the art.
Madam Speaker, I sincerely thank Representative Gonzalez, Chairwoman Johnson, and Ranking Member Lucas for joining me as cosponsors on this bill, as well as my other colleagues on the Science, Space, and Technology Committee and in the House for adding their names to this legislation.
I urge all Members to support the Election Technology Research Act, and I look forward to continuing to work with my colleagues to see it enacted in law.
House of Representatives, Committee on House Administration, Washington, DC, February 10, 2020. Hon. Eddie Bernice Johnson, Chairwoman, Committee on Science, Space, and Technology, House of Representatives, Washington, DC.
Dear Chairwoman Johnson: I am writing to you regarding H.R. 4990, the ``Election Technology Research Act of 2019.'' This measure, introduced on November 8, 2019, was referred to your committee as well as the Committee on House Administration.
The Committee on House Administration agrees to waive further consideration of H.R. 4990. The Committee does so with the understanding that by waiving further consideration of this bill it does not waive any future jurisdictional claims over similar measures. In addition, the Committee reserves its right to seek conferees on any provisions within its jurisdiction which are considered in a House-Senate conference and requests your support if such a request is made.
I would appreciate the inclusion of this letter and a copy of your response in the Congressional Record during consideration of H.R. 4990 on the House floor. Sincerely, Zoe Lofgren, Chairperson. ____ House of Representatives, Committee on Science, Space, and Technology, Washington, DC, February 10, 2020. Chairperson Zoe Lofgren, Committee on House Administration, House of Representatives, Washington, DC.
Dear Chairperson Lofgren: I am writing to you concerning H.R. 4990, the ``Election Technology Research Act of 2019,'' which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on House Administration on November 8, 2019.
I appreciate your willingness to work cooperatively on this bill. I recognize that the bill contains provisions that fall within the jurisdiction of the Committee on House Administration. I appreciate that your Committee will waive further consideration of H.R. 4990 and that this action is not a waiver of future jurisdictional claims by the Committee on House Administration over this subject matter.
I will make sure to include our exchange of letters in the legislative report for H.R. 4990 and in the Congressional Record. Thank you for your cooperation on this legislation. Sincerely, Eddie Bernice Johnson, Chairwoman, Committee on Science, Space, and Technology.
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Ms. SHERRILL. Madam Speaker, I yield 4 minutes to the gentlewoman from Texas (Ms. Johnson).
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Ms. SHERRILL. Madam Speaker, I yield 3 minutes to the gentleman from Colorado (Mr. Perlmutter).
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Ms. SHERRILL. Madam Speaker, I yield 3 minutes to the gentlewoman from Oklahoma (Ms. Kendra S. Horn).
Ms. KENDRA S. HORN of Oklahoma. Madam Speaker, I thank the gentlewoman for yielding. I thank my colleagues Congresswoman Sherrill, Ranking Member Lucas, Chairwoman Johnson, and Congressman Gonzales for all of their work on this bill.
Madam Speaker, I rise today on behalf of H.R. 4990, the Election Technology Research Act, a strong bipartisan bill that I am proud to support and also proud to cosponsor.
Madam Speaker, in less than 2 months, Americans will head to the polls and exercise their fundamental right as Americans to vote and to have a voice in their government. Our elections are foundational to our democracy, and Americans deserve to know that their vote is secure.
The Help America Vote Act, which became law nearly two decades ago, included a much-needed investment in election technologies, security systems, electronic poll books, and others supported by HAVA are in common use today.
But as we all know, technology advances quickly, and it is critical that our election technology advances with it. Given the varied and widespread election technologies in use across our country, it is vitally important that we examine the risks, find opportunities for modernization, and pursue secure updates to protect the sanctity and security of our elections.
We must make investments in research to improve cybersecurity of our voting systems. Cyber warfare is an ever-escalating program, and our right to vote is foundational and must be protected.
This bipartisan bill will initiate important research into the security of election technology, enabling us to take the necessary steps for every American to trust that their vote is counted.
Madam Speaker, I am glad to support this bill and urge my colleagues to do the same.
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Ms. SHERRILL. Madam Speaker, this is a practical, bipartisan piece of legislation that will work to secure our elections.
The administration committee discharged this bill in February, and I hope I can count on robust support from my colleagues there.
When the House passed the Help America Vote Act nearly 20 years ago, we recognized that our election systems need protection. That is why that landmark legislation included the provisions I already mentioned to advance research, technology, and standards development for voting systems.
We are in a new technological landscape today, and our voting systems need to be updated accordingly, and this is the first step in that direction.
NIST already has a team of experts working with the Election Assistance Commission on standards for voting technology, and they are absolutely qualified to pursue this research.
Madam Speaker, I thank my colleagues today. Thank you to Representative Gonzalez for his work on this bill.
Madam Speaker, I yield back the balance of my time.
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