Sec. 2. Ensuring domestic ownership and control of election systems
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/bill/115/s/3573/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21083 et seq.) is amended— by redesignating sections 304 and 305 as sections 305 and 306; and by inserting after section 303 the following new section: Each State, unit of local government, or component of a State or unit of local government which is responsible for the administration of an election for Federal office shall ensure that each election service provider who provides, supports, or maintains any component of an election system used in the administration of the election is a qualified election service provider.
Each State, unit of local government, or component of a State or unit of local government which is responsible for the administration of an election for Federal office shall, not less frequently than once each calendar year, evaluate each election service provider to ensure that the election service provider is a qualified election service provider. Not later than 90 days after the date of the enactment of this section, the Chair of the Commission and the Secretary of Homeland Security shall establish and publish cybersecurity best practices for election service providers who provide, support, or maintain election systems, and shall establish and publish updates to such best practices at such times as the Chair and the Secretary consider appropriate.
The Chair of the Commission and the Secretary of Homeland Security may provide such guidance and technical assistance as may be appropriate to assist each State, unit of local government, or component of a State or unit of local government which is responsible for the administration of an election for Federal office with its obligations under this section. As part of providing guidance and technical assistance under this subsection, the Commission shall establish and maintain a database in which each State, unit of local government, or component of a State or unit of local government which is responsible for the administration of an election for Federal office can verify whether an election service provider is a qualified election service provider.
In this section, the term election service provider means any person providing, supporting, or maintaining an election system on behalf of an election agency, such as a contractor or vendor. In this section, the term qualified election service provider means an election service provider who meets each of the following criteria, as established and published by the Chair of the Commission in coordination with the Secretary of Homeland Security: Except as provided in subparagraph (C), the election service provider is solely owned and controlled by United States persons or persons described in subparagraph (B).
The election service provider submits in accordance with section 3(a) of the Protect our Elections Act — notice of any material change in ownership or control of the election service provider; and any other information required to be reported under that section. The election service provider agrees to ensure that the election systems will be developed and maintained in a manner that is consistent with the cybersecurity best practices established under subsection (c). The election service provider agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices established under subsection (c).
The election service provider shall report any known or suspected security incidents involving election systems to the chief State election official of the State involved or the official’s designee, the Chair, and the Secretary. For purposes of subparagraph (A)(i), a person described in this subparagraph is a corporation or business entity that is created or organized under the laws of a country that is party to the UK–USA Agreement for joint cooperation in signals intelligence, military intelligence, and human intelligence, also known as the Five Eyes alliance .
The Secretary of Homeland Security may waive the requirement of clause
(i)of subparagraph
(A)with respect to a person who is a United States subsidiary of a parent company which has implemented a foreign ownership or control mitigation plan that has been approved by the Secretary. Such plan shall ensure that the parent company cannot control, influence, or direct the subsidiary in any manner that would compromise or influence, or give the appearance of compromising or influencing, the independence and integrity of an election. In this section, the term election system means a voting system, an election management system, a voter registration website or database, an electronic pollbook, a system for tabulating or reporting election results, an election agency communications system, or any other information system (as defined in section 3502 of title 44, United States Code) that the Secretary, in consultation with the Commission, identifies as central to the management, support, or administration of a Federal election. The Commission, in consultation with the Secretary of the Treasury, shall issue regulations defining the terms ownership and control for purposes of this section. . Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 304 . The table of contents of such Act is amended— by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and by inserting after the item relating to section 303 the following new item: Sec. 304. Ensuring domestic ownership and control of election systems. . The amendments made by this section shall apply with respect to elections for Federal office held in 2020 or any succeeding year.
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