Congressional Record — Senate, S3425 (June 25, 2020)
Summary
Congressional Record, Senate, June 25, 2020, at S3425. The page prints amendment text that amends the Help America Vote Act of 2002, including section 203 on testing of existing voting systems to ensure compliance with election cybersecurity guidelines, section 204 requiring use of software and hardware for which information is disclosed by the manufacturer, section 205 on treatment of electronic poll books as part of voting systems, and section 206 on pre-election reports on voting system usage. It also prints a Title III on use of voting machines manufactured in the United States, and a digital and media literacy education grant program.
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“Congressional Record — Senate, S3425 (June 25, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-25-crec-2020-06-25-pt1-pgs3425-a5f7acc9bd/
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3425
SEC. 203. TESTING OF EXISTING VOTING SYS- ‘‘(I) widely used operating system software (1) in paragraph (1), by striking ‘‘paragraph
TEMS TO ENSURE COMPLIANCE which is not specific to voting systems and (2)’’ and inserting ‘‘paragraphs (2) and (3)’’;
WITH ELECTION CYBERSECURITY for which the source code or baseline and
GUIDELINES AND OTHER GUIDE-
LINES.
functionality is not altered; or (2) by adding at the end the following new
‘‘(II) widely used cybersecurity software paragraph:
(a) REQUIRING TESTING OF EXISTING VOTING
which is not specific to voting systems and ‘‘(3) SPECIAL RULE FOR ELECTRONIC POLL
SYSTEMS.—
for which the source code or baseline BOOKS.—In the case of the requirements of
(1) IN GENERAL.—Section 231(a) of the Help
functionality is not altered. subsection (c) (relating to electronic poll
America Vote Act of 2002 (52 U.S.C. 20971(a))
‘‘(B) REQUIRING USE OF HARDWARE FOR books), each State and jurisdiction shall be
is amended by adding at the end the fol- WHICH INFORMATION IS DISCLOSED BY MANU- required to comply with such requirements
lowing new paragraph: FACTURER.— on or after January 1, 2021.’’.
‘‘(3) TESTING TO ENSURE COMPLIANCE WITH ‘‘(i) REQUIRING DISCLOSURE OF HARDWARE.— SEC. 206. PRE-ELECTION REPORTS ON VOTING
GUIDELINES.—
A State may not use a voting system in an SYSTEM USAGE.
‘‘(A) TESTING.—Not later than 9 months be- election for Federal office unless the manu- (a) REQUIRING STATES TO SUBMIT RE-
fore the date of each regularly scheduled facturer of the system publicly discloses on- PORTS.—Title III of the Help America Vote
general election for Federal office, the Com- line the identification of the hardware used Act of 2002 (52 U.S.C. 21081 et seq.), as amend-
mission shall provide for the testing by ac- to operate the system. ed by section 103(c), is amended by inserting
credited laboratories under this section of ‘‘(ii) ADDITIONAL DISCLOSURE REQUIREMENTS after section 301A the following new section:
the voting system hardware and software FOR CUSTOM OR ALTERED HARDWARE.—To the ‘‘SEC. 301B. PRE-ELECTION REPORTS ON VOTING
which was certified for use in the most re- extent that the hardware used to operate a SYSTEM USAGE.
cent such election, on the basis of the most voting system or any component thereof is ‘‘(a) REQUIRING STATES TO SUBMIT RE-
recent voting system guidelines applicable not widely used, or is widely used but is al- PORTS.—Not later than 120 days before the
to such hardware or software (including elec- tered, the State may not use the system in date of each regularly scheduled general
tion cybersecurity guidelines) issued under an election for Federal office unless— election for Federal office, the chief State
this Act. ‘‘(I) the manufacturer of the system pub- election official of a State shall submit a re-
‘‘(B) DECERTIFICATION OF HARDWARE OR licly discloses online the components of the port to the Commission containing a de-
SOFTWARE FAILING TO MEET GUIDELINES.—If, hardware, the design of such components, tailed voting system usage plan for each ju-
on the basis of the testing described in sub- and how such components are connected in risdiction in the State which will administer
paragraph (A), the Commission determines the operation of the system; and the election, including a detailed plan for
that any voting system hardware or software ‘‘(II) the manufacturer makes the design the usage of electronic poll books and other
does not meet the most recent guidelines ap- (in the form which will be used at the time equipment and components of such system.
plicable to such hardware or software issued of the election) publicly available online ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall
under this Act, the Commission shall decer- under a license that grants a worldwide, roy- apply with respect to the regularly scheduled
tify such hardware or software.’’. alty-free, non-exclusive, perpetual, sub-li- general election for Federal office held in
(2) EFFECTIVE DATE.—The amendment censable license to all intellectual property November 2022 and each succeeding regularly
made by paragraph (1) shall apply with re- rights in the design of the hardware or the scheduled general election for Federal of-
spect to elections for Federal office held in component, except that the manufacturer fice.’’.
2021 or any subsequent year. may prohibit a person who obtains the de- (b) CLERICAL AMENDMENT.—The table of
(b) ISSUANCE OF CYBERSECURITY GUIDELINES sign from using the design in a manner that contents of such Act, as amended by section
BY TECHNICAL GUIDELINES DEVELOPMENT is primarily intended for or directed toward 103(c), is amended by inserting after the item
COMMITTEE.—Section 221(b) of the Help commercial advantage or private monetary relating to section 301A the following new
America Vote Act of 2002 (52 U.S.C. 20961(b)) compensation that is unrelated to carrying item:
is amended by adding at the end the fol- out legitimate research or cybersecurity ac- ‘‘Sec. 301B. Pre-election reports on voting
lowing new paragraph: tivity.’’. system usage.’’.
‘‘(3) ELECTION CYBERSECURITY GUIDELINES.— (b) EFFECTIVE DATE.—The amendment
SEC. 207. STREAMLINING COLLECTION OF ELEC-
Not later than 6 months after the date of the made by subsection (a) shall apply with re- TION INFORMATION.
enactment of the Securing America’s Fed- spect to elections for Federal office held in Section 202 of the Help America Vote Act
eral Elections Act, the Development Com- 2021 or any succeeding year.
of 2002 (52 U.S.C. 20922) is amended—
mittee shall issue election cybersecurity SEC. 205. TREATMENT OF ELECTRONIC POLL
BOOKS AS PART OF VOTING SYS-
(1) by striking ‘‘The Commission’’ and in-
guidelines, including standards and best serting ‘‘(a) IN GENERAL.—The Commission’’;
TEMS.
practices for procuring, maintaining, test- and
ing, operating, and updating election sys- (a) INCLUSION IN DEFINITION OF VOTING SYS-
TEM.—Section 301(b) of the Help America (2) by adding at the end the following new
tems to prevent and deter cybersecurity inci- subsection:
dents.’’. Vote Act of 2002 (52 U.S.C. 21081(b)) is amend-
ed— ‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.—
SEC. 204. REQUIRING USE OF SOFTWARE AND Subchapter I of chapter 35 of title 44, United
HARDWARE FOR WHICH INFORMA-
(1) in the matter preceding paragraph (1),
by striking ‘‘this section’’ and inserting States Code, shall not apply to the collection
TION IS DISCLOSED BY MANUFAC-
‘‘this Act’’; of information for purposes of maintaining
TURER.
(2) by striking ‘‘and’’ at the end of para- the clearinghouse described in paragraph (1)
(a) REQUIREMENT.—Section 301(a) of the of subsection (a).’’.
Help America Vote Act of 2002 (52 U.S.C. graph (1);
21081(a)), as amended by sections 104, 105, (3) by redesignating paragraph (2) as para- TITLE III—USE OF VOTING MACHINES
202(a), 202(b), and 202(c), is amended by add- graph (3); and MANUFACTURED IN THE UNITED STATES
ing at the end the following new paragraph: (4) by inserting after paragraph (1) the fol- SEC. 301. USE OF VOTING MACHINES MANUFAC-
‘‘(13) REQUIRING USE OF SOFTWARE AND lowing new paragraph: TURED IN THE UNITED STATES.
HARDWARE FOR WHICH INFORMATION IS DIS-
‘‘(2) any electronic poll book used with re- Section 301(a) of the Help America Vote
CLOSED BY MANUFACTURER.—
spect to the election; and’’. Act of 2002 (52 U.S.C. 21081(a)), as amended by
(b) DEFINITION.—Section 301 of such Act (52 sections 104, 105, 202(a), 202(b), 202(c), and
‘‘(A) REQUIRING USE OF SOFTWARE FOR
U.S.C. 21081) is amended— 204(a), is further amended by adding at the
WHICH SOURCE CODE IS DISCLOSED BY MANUFAC-
(1) by redesignating subsections (c) and (d) end the following new paragraph:
TURER.—
as subsections (d) and (e); and ‘‘(14) VOTING MACHINE REQUIREMENTS.—
‘‘(i) IN GENERAL.—In the operation of vot-
(2) by inserting after subsection (b) the fol- Each State shall seek to ensure that any
ing systems in an election for Federal office, lowing new subsection:
a State may only use software for which the voting machine used in an election for Fed-
‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In eral office held in 2021 or any subsequent
manufacturer makes the source code (in the this Act, the term ‘electronic poll book’
form in which will be used at the time of the year is manufactured in the United States.’’.
means the total combination of mechanical,
election) publicly available online under a li- TITLE IV—SEVERABILITY
electromechanical, or electronic equipment
cense that grants a worldwide, royalty-free, (including the software, firmware, and docu- SEC. 401. SEVERABILITY.
non-exclusive, perpetual, sub-licensable li- mentation required to program, control, and If any provision of this division or amend-
cense to all intellectual property rights in support the equipment) that is used— ment made by this division, or the applica-
such source code, except that the manufac- ‘‘(1) to retain the list of registered voters tion of a provision or amendment to any per-
turer may prohibit a person who obtains the son or circumstance, is held to be unconsti-
SSpencer on DSK126QN23PROD with SENATE
at a polling location, or vote center, or other
software from using the software in a man- location at which voters cast votes in an tutional, the remainder of this division and
ner that is primarily intended for or directed election for Federal office; and amendments made by this division, and the
toward commercial advantage or private ‘‘(2) to identify registered voters who are application of the provisions and amendment
monetary compensation that is unrelated to eligible to vote in an election.’’. to any person or circumstance, shall not be
carrying out legitimate research or cyberse- (c) EFFECTIVE DATE.—Section 301(e) of such affected by the holding.
curity activity. Act (52 U.S.C. 21081(e)), as amended by sec-
‘‘(ii) EXCEPTIONS.—Clause (i) does not apply tion 107 and as redesignated by subsection SA 1946. Ms. KLOBUCHAR submitted
with respect to— (b), is amended— an amendment intended to be proposed
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S3426 CONGRESSIONAL RECORD — SENATE June 25, 2020
by her to the bill S. 4049, to authorize targeting of members of the Armed Forces, (A) ESEA DEFINITIONS.—The terms ‘‘child
appropriations for fiscal year 2021 for veterans, and their families by foreign adver- with a disability’’, ‘‘local educational agen-
military activities of the Department saries seeking to undermine the democracy cy’’, ‘‘State educational agency’’, ‘‘special-
of the United States. Veterans and the so- ized instructional support personnel’’, and
of Defense, for military construction,
cial-media followers of several congression- ‘‘universal design for learning’’ have the
and for defense activities of the De- ally chartered veterans service organizations meanings given those terms in section 8101 of
partment of Energy, to prescribe mili- were specifically targeted by the Internet the Elementary and Secondary Education
tary personnel strengths for such fiscal Research Agency with at least 113 advertise- Act of 1965 (20 U.S.C. 7801).
year, and for other purposes; which was ment during and after the 2016 election. This (B) ELIGIBLE ENTITY.—The term ‘‘eligible
ordered to lie on the table; as follows: represents a fraction of the Russian activity entity’’ means—
At the appropriate place, insert the fol- that targeted this community with divisive (i) a State educational agency; or
lowing: propaganda. (ii) a local educational agency.
SEC. lll. WAIVER OF MATCHING REQUIRE- (5) The Cyberspace Solarium Commission, (C) DIGITAL CITIZENSHIP.—The term ‘‘dig-
MENT. a bicameral and bipartisan commission, es- ital citizenship’’ means the ability to—
The last proviso under the heading ‘‘Elec- tablished in the John S. McCain National (i) safely, responsibly, and ethically use
tion Assistance Commission, Election Secu- Defense Authorization Act for Fiscal Year communication technologies and digital in-
rity Grants’’ in the Financial Services and 2019 (Public Law 115-232), concluded in its formation technology tools and platforms;
General Government Appropriations Act, finished report that the ‘‘U.S. government (ii) create and share media content using
2020 (Public Law 116–93; 133 Stat. 2461) shall should promote digital literacy, civics edu- principles of social and civic responsibility
not apply with respect to any payment made cation, and public awareness to build soci- and with awareness of the legal and ethical
to a State using funds appropriated or other- etal resilience to foreign, malign cyber-en- issues involved; and
wise made available to the Election Assist- abled information operations and that the (iii) participate in the political, economic,
ance Commission under the Coronavirus Aid, U.S. government must ensure that individual social, and cultural aspects of life related to
Relief, and Economic Security Act (Public Americans have both the digital literacy technology, communications, and the digital
Law 116–136). tools and the civics education they need to world by consuming and creating digital con-
secure their networks and their democracy tent, including media.
SA 1947. Ms. KLOBUCHAR (for her- from cyber-enabled information operations.’’ (D) DIRECTOR.—The term ‘‘Director’’ means
self, Ms. WARREN, and Mr. BENNET) sub- The report recommended that Congress au- the Director of the Digital and Media Lit-
mitted an amendment intended to be thorize a grant program ‘‘to study how best eracy Education Grant Program who shall be
proposed by her to the bill S. 4049, to to improve digital citizenship and to incor- appointed by the Secretary of Defense.
authorize appropriations for fiscal year porate effective digital literacy curricula in (E) MEDIA LITERACY.—The term ‘‘media lit-
2021 for military activities of the De- American classrooms at the K-12 level and eracy’’ means the ability to—
beyond’’. (i) access relevant and accurate informa-
partment of Defense, for military con- (6) In addition to bolstering national secu-
struction, and for defense activities of tion through media in a variety of forms;
rity by building societal resistance to for- (ii) critically analyze media content and
the Department of Energy, to prescribe eign influence campaigns, digital and media the influences of different forms of media;
military personnel strengths for such literacy education is critical to allow young (iii) evaluate the comprehensiveness, rel-
fiscal year, and for other purposes; people to make informed decisions about evance, credibility, authority, and accuracy
which was ordered to lie on the table; products and services, education, health and of information;
as follows: wellness, and democratic decisions associ- (iv) make educated decisions based on in-
ated with public policy. Digital and media formation obtained from media and digital
At the end of part I of subtitle G of title V,
literacy education must be inclusive and ac- sources;
add the following:
cessible for all students, including students (v) operate various forms of technology
SEC. lll. PROMOTION OF DIGITAL AND MEDIA
LITERACY TO COMBAT FOREIGN IN- with disabilities. Digital and media literacy and digital tools; and
FLUENCE CAMPAIGNS. empowers young people and gives them the (vi) reflect on how the use of media and
(a) FINDINGS.—Congress finds the fol- agency to make informed decisions about technology may affect private and public
lowing: their future, advertisements, the use of con- life.
(1) People in the United States rely on in- trolled substances, nutrition, and physical (2) ESTABLISHMENT.—
formation from mass media, social media, health. Equipping students with the skills to (A) IN GENERAL.—The Director shall estab-
and digital media to make decisions about make informed decisions in these areas con- lish a program to promote digital and media
all aspects of social, economic, and political tributes to the betterment of mental health literacy, through which the Director shall
life, including products and services con- and public health. award grants to eligible entities to enable
sumption, employment, career and profes- (7) A successful and inclusive digital and those eligible entities to carry out the ac-
sional development, family and leisure media literacy program must be directed at tivities described in paragraph (4).
choices, health and wellness, and democratic students beginning in kindergarten and (B) DESIGNATION.—The program established
engagement. Ensuring that people in the should continue throughout the completion under subparagraph (A) shall be known as
United States possess the skills to make of postsecondary education. Learning to the ‘‘Digital and Media Literacy Education
these informed decisions based on media be- critically analyze and create digital content Grant Program’’.
gins early in life. and media is a lifelong process that can be (3) APPLICATION.—An eligible entity that
(2) Adversaries from Russia, China, and developed by integrating media literacy desires a grant under this subsection shall
Iran are using information warfare to influ- competencies into academic curriculum submit an application to the Director at
ence democracies across the world, and ter- across content areas and disciplines. such time and in such manner as the Direc-
rorist organizations often use digital com- (8) Digital and media literacy also allows tor may require, including, at a minimum—
munications to recruit members. The Unites young people to develop the critical thinking (A) a description of the activities the eligi-
States can fight these influences by ensuring skills that will help them become informed ble entity intends to carry out with the
that citizens of the United States possess the voters. The right to vote is a fundamental grant funds;
necessary skills to discern disinformation right afforded to United States citizens by (B) an estimate of the costs associated
and misinformation and think critically the Constitution. The unimpeded free exer- with such activities; and
about their digital activities. cise of this right is essential to the func- (C) such other information and assurances
(3) Influence campaigns by foreign adver- tioning of our democracy. The process to as the Director may require.
saries reached tens of millions of voters dur- protect our democracy begins with educating (4) USE OF FUNDS.—
ing the 2016 and 2018 elections with racially young people in the United States to ensure (A) STATE EDUCATIONAL AGENCIES.—
and divisively targeted messages. The Select that the young people possess the skills to (i) IN GENERAL.—An eligible entity that is
Committee on Intelligence of the Senate engage in civic activities, engage with com- a State educational agency receiving a grant
found in its investigation of the interference munities, and eventually become informed under this subsection shall use grant funds
in the 2016 election that social media posts voters. to carry out one or more of the following ac-
by Russia’s Internet Research Agency (IRA) (b) SENSE CONGRESS.—It is the sense of tivities:
reached tens of millions of voters in 2016 and Congress that, given the threat foreign influ- (I) Creating and supporting a media lit-
were meant to pit people of the United ence campaigns pose for American democ- eracy advisory council to—
SSpencer on DSK126QN23PROD with SENATE
States against one another and sow discord. racy and the recommendations of the Cyber- (aa) provide recommendations about dig-
The preservation of elections free of foreign space Solarium Commission, Congress must ital citizenship and media literacy guide-
influence is of utmost importance, and there- immediately act to pass legislative measures lines;
fore Congress must take steps to counter in- to increase digital and media literacy among (bb) identify barriers and opportunities for
fluence campaigns with digital and media Americans. implementing media literacy in kinder-
literacy. (c) DIGITAL AND MEDIA LITERACY EDU- garten through grade 12 in public schools in
(4) Researchers have documented per- CATION GRANT PROGRAM.— the State for all students, including students
sistent, pervasive, and coordinated online (1) DEFINITIONS.—In this subsection: who are children with disabilities;
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