[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] CYBERSECURITY OF VOTING MACHINES ======================================================================= JOINT HEARING BEFORE THE SUBCOMMITTEE ON INFORMATION TECHNOLOGY AND THE SUBCOMMITTEE ON INTERGOVERNMENTAL AFFAIRS OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ NOVEMBER 29, 2017 __________ Serial No. 115-64 __________ Printed for the use of the Committee on Oversight and Government Reform [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://www.fdsys.gov http://oversight.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 30-295 PDF WASHINGTON : 2018 ----------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. Committee on Oversight and Government Reform Trey Gowdy, South Carolina, Chairman John J. Duncan, Jr., Tennessee Elijah E. Cummings, Maryland, Darrell E. Issa, California Ranking Minority Member Jim Jordan, Ohio Carolyn B. Maloney, New York Mark Sanford, South Carolina Eleanor Holmes Norton, District of Justin Amash, Michigan Columbia Paul A. Gosar, Arizona Wm. Lacy Clay, Missouri Scott DesJarlais, Tennessee Stephen F. Lynch, Massachusetts Blake Farenthold, Texas Jim Cooper, Tennessee Virginia Foxx, North Carolina Gerald E. Connolly, Virginia Thomas Massie, Kentucky Robin L. Kelly, Illinois Mark Meadows, North Carolina Brenda L. Lawrence, Michigan Ron DeSantis, Florida Bonnie Watson Coleman, New Jersey Dennis A. Ross, Florida Stacey E. Plaskett, Virgin Islands Mark Walker, North Carolina Val Butler Demings, Florida Rod Blum, Iowa Raja Krishnamoorthi, Illinois Jody B. Hice, Georgia Jamie Raskin, Maryland Steve Russell, Oklahoma Peter Welch, Vermont Glenn Grothman, Wisconsin Matt Cartwright, Pennsylvania Will Hurd, Texas Mark DeSaulnier, California Gary J. Palmer, Alabama Jimmy Gomez, California James Comer, Kentucky Paul Mitchell, Michigan Greg Gianforte, Montana Sheria Clarke, Staff Director William McKenna, General Counsel Troy Stock, Information Technology Subcommittee Staff Director Sean Brebbia, Senior Counsel Kelsey Wall, Professional Staff Member Sharon Casey, Deputy Chief Clerk David Rapallo, Minority Staff Director Subcommittee on Information Technology Will Hurd, Texas, Chairman Paul Mitchell, Michigan, Vice Chair Robin L. Kelly, Illinois, Ranking Darrell E. Issa, California Minority Member Justin Amash, Michigan Jamie Raskin, Maryland Blake Farenthold, Texas Stephen F. Lynch, Massachusetts Steve Russell, Oklahoma Gerald E. Connolly, Virginia Greg Gianforte, Montana Raja Krishnamoorthi, Illinois ------ Subcommittee on Intergovernmental Affairs Gary Palmer, Alabama, Chairman Glenn Grothman, Wisconsin, Vice Val Butler Demings, Florida, Chair Ranking Minority Member John J. Duncan, Jr., Tennessee Mark DeSaulnier, California Virginia Foxx, North Carolina Matt Cartwright, Pennsylvania Thomas Massie, Kentucky Wm. Lacy Clay, Missouri Mark Walker, North Carolina (Vacancy) Mark Sanford, South Carolina C O N T E N T S ---------- Page Hearing held on November 29, 2017................................ 1 WITNESSES The Honorable Christopher C. Krebs, Senior Official Performing the Duties of the Under Secretary, National Protection and Programs Directorate, U.S. Department of Homeland Security Oral Statement............................................... 5 Written Statement............................................ 8 The Honorable Tom Schedler, Secretary of State of Louisiana Oral Statement............................................... 13 Written Statement............................................ 15 The Honorable Edgardo Cortes, Commissioner, Virginia Department of Elections Oral Statement............................................... 21 Written Statement............................................ 23 Matthew Blaze, Ph.D., Associate Professor of Computer and Information Science, University of Pennsylvania Oral Statement............................................... 28 Written Statement............................................ 30 Ms. Susan Klein Hennessey, Fellow in National Security, Governance Studies, Brookings Institution Oral Statement............................................... 48 Written Statement............................................ 50 APPENDIX Representative Gerald E. Connolly Statement...................... 84 Letter of October 20, 2017, to the Department of Homeland Security submitted by Ms. Kelly................................ 86 December 18, 2016, Detroit Free Press, Wisely and Reindl, ``Detroit's election woes: 782 more votes than voters'' submitted by Mr. Mitchell...................................... 88 Response from Mr. Krebs, DHS, to Questions for the Record........ 90 CYBERSECURITY OF VOTING MACHINES ---------- Wednesday, November 29, 2017 House of Representatives, Subcommittee on Information Technology, Joint with Subcommittee on Intergovernmental Affairs, Committee on Oversight and Government Reform, Washington, D.C. The subcommittee met, pursuant to call, at 2:29 p.m., in Room 2154, Rayburn House Office Building, Hon. Will Hurd [chairman of the Subcommittee on Information Technology] presiding. Present: Representatives Hurd, Palmer, Mitchell, Grothman, Duncan, Amash, Walker, Kelly, Demings, DeSaulnier, Lynch, Clay, and Krishnamoorthi. Also Present: Representative Gabbard. Mr. Hurd. The Subcommittee on Information Technology and the Subcommittee on Intergovernmental Affairs will come to order. And, without objection, the chair is authorized to declare a recess at any time. And now I am going to recognize myself for 5 minutes for my opening statement. Good afternoon. Thanks for being here. And it's been over 240 years since our forefathers declared independence and our democratic experiment began. Throughout the entirety of our existence, our adversaries, both internal and external, have sought so suppress and destroy our democratic process. Voting is one of our fundamental democratic rights and is the cornerstone of American democracy. Our existence as a democracy depends on free, fair, and accurate elections. Today, we're here to talk about the best way to protect the integrity of our voting systems through the cybersecurity of our voting machines and election systems. There are over 10,000 election jurisdictions nationwide that administer elections, and even within States, counties use different systems and different technologies to conduct elections. A little over a year ago, last September. Ranking Member Kelly and I held a hearing in the IT Subcommittee entitled ``Cybersecurity: Ensuring the Integrity of the Ballot Box.'' We discussed potential cybersecurity issues with the upcoming election. It was an issue then and it remains an issue now. Former DHS Secretary Jeh Johnson has made clear that, to the best of his knowledge, the Russian Government did not, through any cyber intrusions, alter ballots, ballot counts, or reporting of election results. However, our adversaries have always sought to use our Nation's unique qualities to undermine our robust and resilient democracy. Just because Russia did not tamper with ballots or reporting of election results during the last election, it doesn't mean they or other adversaries won't try to do so in the next election or the election after that. Like anything else in this the digital age, electronic voting is vulnerable to hacking. Our voting systems are no exception. This past January, DHS designated the Nation's election systems as critical infrastructure, something that was being discussed at our hearing back in September of 2016. We are here today to follow up on what impact the designation has had on States. It is essential that States take appropriate steps to secure their voting infrastructure. It's also essential that States have the ability to audit their ballots for accuracy whenever any kind of manipulation is suspected. The State of Virginia, which held an election recently, has joined the growing list of States that went to a paper system. I'm curious to hear how that transition went and what our witnesses think about moving to paper-based voting systems. Additionally, what are the chances that a foreign entity could tamper with the ballot box? These are all questions and issues that I want to explore today. I'm very interested to hear what our witnesses have to say on this topic, and I thank the witnesses for being here today and for their efforts as fellow citizens to ensure that our country's elections are free and fair. It's now a pleasure, I recognize the ranking member of the Information Technology Subcommittee, my friend, Ms. Robin Kelly, for 5 minutes in her opening remarks. Ms. Kelly. Thank you, Mr. Chair. Welcome back. I hope you had a good Thanksgiving. Thank you, Chairman Hurd and Palmer, for holding this important hearing today. There is no doubt that Russia, at the direction of President Vladimir Putin, attempted to manipulate our election and has worked to manipulate those of our western allies. It was a broad and coordinated campaign to undermine faith in democratic elections. Earlier this year, the IT subcommittee explored the Kremlin's efforts to use social media to influence voters. Today, we are taking a look at another part of their effort to undermine our democracy by hacking our voting machines and election infrastructure. More than 1 year ago, we held a hearing entitled ``Cybersecurity: Ensuring the Integrity of the Ballot Box.'' During that hearing, we took a look at State and Federal preparations for any cyber attacks on our voting machines. Today, we have a clearer picture of what transpired, but we're still discovering new facts. In September of this year, DHS notified 21 States that hackers affiliated with the Russian Government breached or attempted to breach their election infrastructure. In my home State of Illinois, the hackers illegally downloaded the personal information of 90,000 voters and attempted to change and delete data. Fortunately, they were unsuccessful. While we continue learning about the full scope of Russia's election interference, one thing is clear: There will be another attempt to manipulate our elections, whether it be Russia, another nation state or a nonstate actor, even a terrorist organization. The threats to our election infrastructure are growing. So what are we going to do about it? Earlier this year, researchers at the DEFCON conference successfully hacked five different direct recording electronic voting machines, or DREs, in a day. The first vulnerabilities were discovered in just 90 minutes. Even voting machines not connected to the internet still contained physical vulnerabilities like USB ports that can be used to upload malware. Alarmingly, many DREs lack the ability to allow experts to determine that they have been hacked. Despite these flaws, DREs are still commonly used. In 2016, 42 States used them. They were more than a decade old, with some running outdated software that is no longer supported by the manufacturer. Updating our voting machines to audible, paper-based machines, such as optical scanners, is a step we need to take right now. Our election infrastructure is broad and contain numerous vulnerabilities. If we are going to withstand a coordinated attack, we need a coordinated defense. In January of this year, DHS designated election infrastructure as critical infrastructure. In this announcement, then DHS Secretary Jeh Johnson was clear that this designation was not to be a Federal takeover of State and local election infrastructure. Rather, it was a designation intended to ensure that current State and local officials have the resources necessary to secure their elections. Since then, former DHS Secretary and now White House Chief of Staff, General John Kelly, has supported this designation. This designation can help ensure that the cornerstone of our democracy, our elections, remain fair and secure. But if this designation is to be successful, we will all have to work together. DHS and our State election officials must do a better job of working together to detect and solve problems. Again, I want to thank you, Mr. Chairman, for holding this crucial hearing. Thank you to our witnesses for being here. I look forward to hearing from all of you about how we can continue protecting our democracy. I yield back. Mr. Hurd. It's always a pleasure to be with you, Representative Kelly. I'd like to thank my friend, Chairman Palmer, for the Intergovernmental Affairs Subcommittee's cooperation and work on this important issue. And now it's a pleasure to recognize the ranking member of the Intergovernmental Affairs Subcommittee, Mrs. Demings, for 5 minutes in her opening remarks. Mrs. Demings. Thank you so much, Chairman Hurd and Chairman Palmer, for convening this hearing today. I'd also like to thank Ranking Member Kelly for her leadership, and all of our witnesses for joining us for this very important hearing. I'm pleased that we're holding this hearing on a matter so essential to democracy. While there are many issues that divide us, the integrity of the voting process should not be in question. Regardless of race, gender, sexual identity, ZIP Code, income, every vote should count, every vote should count the same. I believe that voting is the last true equalizer. However, Russia's interference in the 2016 election and intrusions in at least 21 State voter registration databases, indisputable and confirmed by U.S. intelligence agencies that forced us to acknowledge voting system security, has not kept pace with the current and emerging threats from nations, organizations, or even a single individual determined to undermine our democracy. Recently, I joined the Congressional Task Force on Election Security. Just as we keep our homeland safe from physical harm, so too must we harden our soft targets against cyber attacks. The Task Force has heard from security professionals, academia, and State and local elections officials. Their message is clear: We must act now to protect our voting systems. In over 40 States elections are carried out using voting machines and voter registration databases created more than a decade ago. These technologies are more likely to suffer from known vulnerabilities that cannot be patched easily, if at all. As we saw in the voting village setup at this year's DEFCON hacking conference, even hackers with limited prior knowledge, tools, and resources are able to breach voting machines in a matter of minutes. We should not assume that State voting machines are secure enough to withstand a state-sponsored cyber attack. And there is no reason to believe that these attacks will subside. Congress must do its part--yes, we must--and help States fund and maintain security election systems. This means funding to purchase newer, more secure election systems and voting machines with voter-marked paper ballots, helping establish and certify baseline cybersecurity standards for those systems and the vendors that service them, and encourage States to conduct post-election risk limiting audits. Our democratic process relies on voters' faith that their vote does count. Election security is national security, and our election infrastructure is critical infrastructure. With just under a year until the 2018 midterm elections, it is critical that we understand the vulnerabilities of the past and secure our networks for the future. I thank our witnesses again for sharing their testimony today, and I look forward to this very important discussion. Thank you so much. With that, I yield back. Mr. Hurd. Thank you, Ranking Member Demings. And now I'm pleased to introduce our witnesses. First and foremost, the Honorable Christopher Krebs, the senior official performing the duties of the under secretary for National Protection and Programs Directorate at the U.S. Department of Homeland Security. We have the Honorable Tom Schedler, Secretary of State for Louisiana. Thank you for coming up here today. Commissioner Cortes, the commissioner on the Virginia Department of Elections. Sir, thank you for being here. Dr. Matthew Blaze--excuse me--Blaze, associate professor of computer and information science at the University of Pennsylvania. And Ms. Susan Klein Hennessey, a fellow in national security and governance studies at the Brookings Institute. Welcome to you all. And pursuant to committee rules, all witnesses will be sworn in before you testify, so please rise and raise your right hand. Do you solemnly swear or affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. Let the record reflect that all witnesses answered in the affirmative. In order to allow time for discussion, please limit your testimony to 4 minutes. Your entire written statement will be made part of the record, and I appreciate you all's written statements, especially all of you all had, you know, outlined a number of interesting solutions to these problems, as well as articulating the concerns that we have. So folks that are interested in this topic, many of--all of these written statements is valuable in understanding the state of where we are. As a reminder, also, the clock in front of you shows your remaining time. The light will turn yellow when you have 30 seconds left. And when it starts flashing red, that means your time is up. So please also remember to push the button to turn your microphone on before speaking. And we'd like to start with Mr. Krebs. You are now recognized for 5 minutes--4 minutes, excuse me. WITNESS STATEMENTS STATEMENT OF HON. CHRISTOPHER C. KREBS Mr. Krebs. Chairman Hurd, Chairman Palmer, Ranking Member Kelly, and Ranking Member Demings, and the members of the subcommittee, thank you for this opportunity to discuss the Department of Homeland Security's ongoing efforts to enhance the security of our elections. In 2016, the United States saw malicious cyber operations directed against U.S. election infrastructure and political entities. Since January, we have reaffirmed the designation of election systems as critical infrastructure and the clear-eyed threats to our Nation's election systems remain an ongoing concern. The organization I lead, the National Protection and Programs Directorate at the Department of Homeland Security, is leading an interagency effort to provide voluntary assistance to State and local officials. This interagency assistance brings together the Election Assistance Commission, the FBI, the intelligence community, NIST, and other DHS partners, and is modeled on our work with other critical infrastructure sectors. Our Nation's election systems are managed by State and local governments in thousands of jurisdictions across the country. State and local officials have already been working individually and collectively to reduce risks and ensure the integrity of their elections. As threat actors become increasingly sophisticated, DHS stands up in--stands in partnership to support the efforts of election officials. DHS offers three primary types of assistance: assessments, information, and incident response. DHS typically offers two kinds of assessments to State and local officials. First, the cyber hygiene service for internet-facing systems provides a recurring report identifying vulnerabilities in internet- connected systems and mitigation recommendations. Second, our cybersecurity experts can go onsite to conduct risk and vulnerability assessments. These assessments are more thorough and result in a full report of vulnerabilities and recommendations allowing the testing. As we continue to understand the requirements from our stakeholders, we'll refine and diversify these voluntary offerings. In terms of information sharing, DHS continues to share actionable information on cyber threats and incidents through multiple means. For example, DHS published best practices for securing voter registration databases and addressing potential threats to election systems. We share cyber threat indicators and other analysis that network defenders can use to secure their systems. The National Cybersecurity and Communications Integration Center, the NCCIC, works with the Multi-State Information Sharing and Analysis Center to provide threat and vulnerability information to State and local officials. Election officials may also receive information and assistance directly from the NCCIC or through field-based cybersecurity advisors and protective security advisors. Notably, we're offering security clearances initially to senior election officials, and we're also exploring additional clearances to other State officials. In our third category, the DHS's NCCIC provides incident response assistance to help State and local officials identify and remediate any possible incidents. In the case of an attempted compromise affecting election infrastructure, the NCCIC shares anonymized information with other States to assist their ability to defend their own systems in a collective defense approach. It is important to note that these relationships are built and sustained on trust. Breaking that trust will have far- ranging consequences in our ability to collaboratively counter this growing threat. To formalize and coordinate efforts with our Federal partners and election officials, we have established the Government Coordinating Council. We are similarly working to formalize partnerships with private sector industry through a sector coordinating council. Within this environment of sharing critical threat information, risk management, best practices, and other vital information, DHS is leading Federal efforts to support and enhance security across the Nation. Securing the Nation's election systems is a complex challenge and a shared responsibility. There is no one size fits all solution. In conversations with election officials over the last year, in working with the EAC, NIST, DOJ, the Department has learned a great deal. First, as you'll hear from Louisiana and Virginia, election officials already do great work. But like many other institutions in government and the private sector, resources remain a challenge. Not only budget for modernizing legacy IT, but also workforce training and recruitment around these critical skills. As we work collectively to address these and other challenges, the Department will continue to work with Congress and industry experts to support our State and local partners. Thank you for this opportunity to testify, and I look forward to any questions. [Prepared statement of Mr. Krebs follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Hurd. Thank you, Mr. Krebs. And, Secretary Schedler, again, I want to thank you for being flexible. I know this has been rescheduled a few times, but your perspective and experience on this topic is important, and thank you for being here. And, sir, you're now recognized for 4 minutes. STATEMENT OF HON. TOM SCHEDLER Mr. Schedler. Thank you, Mr. Chairman, and thank you to this committee for the invitation to participate today. It's important for you to hear the perspective of those who oversee elections across the country. My perspective comes from serving as Louisiana's Secretary of State since 2010, and past president of the National Association of Secretaries of State, or NASS, which represents a majority of the Nation's chief election officials. Securing elections in the November 2018 and beyond is critical and important to all of us and our Nation's secretaries of state. We are not naive to the likelihood of future cyber attacks, but we also know the use of paper ballots can just as easily open up fraud vulnerabilities unless strong protocols are followed by election officials. That's why all 50 States continue to prepare accordingly. First, I'd like to share with you the important developments taking place through NASS Election Cybersecurity Task Force, which was established in February of this year. This is a bipartisan body of the Nation's chief election officials. In addition to helping States share information and combat cyber threats, the task force assists in creating partnerships with public-private stakeholders, including the U.S. Department of Homeland Security and the U.S. Election Commission as well. NASS has been a key player in the development of new Election Infrastructure Coordinating Council. This council is required as a result of the new designation for elections as critical infrastructure. The Council is designated or designed to facilitate improved communications that, as you know, did not go extremely well in 2016. NASS opposed the critical infrastructure designation because our members were concerned about the possibility of Federal overreach and because the designation came without meaningful consultation with any election officials. My colleagues and I understood that we could continue to get the same support and services from DHS without critical infrastructure designation. So it seemed unnecessary. However, the designation is still with us today, and we have made good- faith efforts to work together with DHS. Part of that work includes chief election officials obtaining security clearances. We have often been told by DHS that they can't share information because it is clarified--classified, excuse me. Hopefully, these new clearances will address this problem. Ensuring the integrity of the voting process is central to the role of every chief elections officer, including myself. And as some examples, in Rhode Island, Secretary Nellie Gorbea, convened over 100 election and IT officials for a cybersecurity summit. In West Virginia, Secretary Mac Warner has added an Air National Guard cybersecurity specialist to his staff. Vermont Secretary of State Jim Condos solicited a third party risk assessment of data systems in 2015 that lead to his office to build a new firewall and began regular penetration testing. Colorado Secretary Wayne Williams' office provides end point protection software for counties to install on their computers to detect viruses and malware functions. And many States have or are developing disaster preparedness and recovery plans that include strategies on election systems and data are disrupted. In Louisiana, our hurricane season, we are one of those States for sure that is very expert in that field. In terms of voting machines security, you remember that with the passage of the Help America Vote Act in 2002, States were required to purchase at least one piece of accessible voting equipment for each polling place. The Election Assistance Commission and the National Institute on Standards and Technology began updating the existing voting system or guidelines to address new systems such as DREs. Last month, the EAC released their latest update to volunteer voting systems guidelines. The guidelines are set for manufacturing specifics that are certain standards of functionality, accessibility, accuracy, audibility, and security capabilities. And final approval by EAC is expected in the spring of 2018. In Louisiana, we take pride and go way beyond any current standards with our voting machines. We are a top down State. The State purchases, warehouses every voting machine in the State. Additionally, we have the most current software available in all of our voting machines, and we test each and every one before and after elections. Once the machines are tested, a tamper-proof seal is placed on them to protect against any intrusion. In Louisiana, because no one touches our voting machines except our staff, because they are never sent out to a manufacturer for repair, they are not handled by individuals or companies who program voting machines because they are readily tightly controlled by our office. We have the utmost of confidence in the system. We do need to prepare. Yes. We do need to continue to update our processes and procedures. Yes. We do need to be vigilant. Yes. As secretaries of state, at NASS, we are currently looking for better practices that we can solicit from various entities and groups. And most of all, we're looking for the remaining $396 million in Federal HAVA that we have never been appropriated to help us replace aging equipment purchased over 10 years ago. I'll certainly be available for any questions. [Prepared statement of Mr. Schedler follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Hurd. Thank you, sir. And, Commissioner Cortes, I'd like the record to reflect that you were prepared to come testify the day after your most recent elections, and I appreciate your willingness to address this body. And, sir, you're now recognized for 4 minutes. STATEMENT OF HON. EDGARDO CORTES Mr. Cortes. I'm Edgardo Cortes. I'm the Commissioner of Elections in Virginia. In this role, I serve as the chief election official for the Commonwealth, and I lead the Virginia Department of Elections. Virginia has 133 local election jurisdictions and over 5 million active registered voters. So you have my written remarks, and today I'm going to focus on the recommendations that I provided in there. During my tenure, the Department has focused on using technology to create a better voting experience for eligible Virginians, and reduce the administrative workload for local election officials, while increasing security and accountability in our processes. As part of the McAuliffe administration's focus on cybersecurity, one aspect of the these wide-ranging efforts has been to strengthen the security and reliability of Virginia's voting equipment, including the voting machines and the electronic pollbooks used to administer elections in the Commonwealth. When I became commissioner in 2014, approximately 113 of Virginia's 133 localities used paperless DREs that were over a decade old and already past their expected end of life. I'm happy to say that all Virginians voted using a paper-based system in the November 2017 general election. Virginia has twice been put in the unfortunate position of having to decertify voting equipment and transition to new equipment in a condensed timeframe based on security concerns, previously used DREs. These steps, outlined in detail in my written testimony, were not taken lightly. They placed a financial and administrative stress on the electoral system. They were, however, essential to maintain the public's trust and the integrity of Virginia elections. The November 2017 general election was effectively administered without any reported voting equipment issues. Thanks to the ongoing partnership between the State, our hardworking local election officials, and our dedicated voting equipment vendors, the transition to paper-based voting systems on a truncated timeline was incredibly successful and significantly increased the security of the election. Although it's clearly possible to transition quickly, doing so is less than ideal. I request that you consider the following recommendations, which I believe will make these issues much easier to manage in the future. Number one, Congress needs to ensure sufficient Federal funding is available for States to procure and maintain secure voting equipment and increase security of all election systems. This is a critical need and must be addressed immediately if the funding is going to provide any assistance in time for the 2018 midterm elections. Number two, the U.S. Election Assistance Commission has been critical to ensuring that a baseline set of standards for voting systems, adequate testing protocols, and certified test labs are available to States. Congress must ensure the EAC is fully funded so they can continue to be an exceptional resource to State and local officials. Number three, Congress should ensure the use of or--to ensure the use of secure voting equipment in the future, Congress should require Federal certification of all voting systems used in Federal elections. This is currently a voluntary process. Federal certification should also be required for electronic pollbooks, which currently are not subject to any Federal guidelines. Requiring Federal certification for both of these will ensure there is a security baseline for use across the country to ensure the integrity and security of our elections. And finally, Congress should establish some sort of accreditation system for election administrator training to ensure that the individuals responsible for this fundamental American right are equipped with the appropriate skill and knowledge set. Elections are an integral function of government, and we still have much more to do in Virginia and across the country to secure our election infrastructure from potential threats, especially with the midterm elections quickly approaching. While we're extremely appreciative of the work and assistance provided by the EAC and DHS to date, the Federal Government can and should do more to assist States in safeguarding this most fundamental American right. Thank you again for inviting me to join you today and your interest in hearing from election administrators about the work being done to secure the Nation's voting systems. We look forward to continuing to work with Congress to ensure sufficient Federal resources are available to State and local election officials to continue this important work. Thank you. [Prepared statement of Mr. Cortes follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Hurd. Thank you, sir. Dr. Blaze, great to have you here. And having participated and walked through the voting village at DEFCON, I saw up close and personal what the white hat hacker community and security research community does and the impact they have on public policy. And so thank you for your efforts there, and you're now recognized for 4 minutes. STATEMENT OF MATTHEW BLAZE, PH.D. Mr. Blaze. Thank you very much, Mr. Chairman, the ranking members, and all of the members who are here today. As a computer scientist who specializes in the security of large scale critical systems, I've had an interest in electronic voting technology since it was first introduced at large scale in the United States after the passage of the Help America Vote Act in 2002. In particular, I lead several of the teams commissioned in 2007 by the secretaries of state of California and Ohio to evaluate the voting system products used in those States, as well as elsewhere in the Nation. I also helped organize the DEFCON voting machine hacking village that was held this summer, at which these systems were made available really to a larger community for the first time--for the first time ever. Virtually every aspect of our election process, from voter registration to ballot creation to casting ballots, and then to counting and reporting election results is, today, controlled in some way by software. And, unfortunately, software is notoriously difficult to secure, especially in large scale systems such as those used in voting. And the software used in elections is really no exception to this. It's difficult to overstate how vulnerable our voting infrastructure that's in use in many States today is, particularly the compromise by a determined and well-funded adversary. For example, in 2007, our teams discovered exploitable vulnerabilities in virtually every voting system component that we examined, including back-end election management software as well as, particularly, DRE voting terminals themselves. At this year's DEFCON event, we saw that many of the weaknesses discovered in 2007, and known since then, not only are still present in these systems, but can be exploited quickly and easily by nonspecialists who lack access to proprietary information such as source code. These vulnerabilities are serious, but ultimately unsurprising. The design of DRE systems makes them particularly dependent on the really Herculean task of securing all of the software components that they depend on. And this would be, under the best of circumstances, an extraordinarily difficult thing to do. So what we're seeing is both alarming as well as unsurprising. Worst, as we saw in 2016, we largely underestimated the nature of the threat to the extent these systems are intended even to be secure. That is, they're designed against a traditional adversary who wants to cheat in an election and alter the results. But there's actually an even more serious adversary, a nation state or a state actor who might seek to disrupt an election, cast doubt on the legitimacy of the outcome, and cause a threat to our confidence in legitimacy of our elected officials. I discuss all of these issues in detail in my written testimony, and I offer really three particular recommendations. The first is that paperless DRE voting machines should be immediately phased out from U.S. elections, in favor of systems such as precinct counted optical scan ballots that leave a direct artifact of the voters' choices. Secondly, statistical risk limiting audits should be used after every election to enable us to detect software failures in the back-end systems and recover the true election results if a problem is found. And then, finally, additional resources, infrastructure, and training should be made available to State and local voting officials to help them more effectively defend their systems against increasingly sophisticated adversaries. So thank you very much. [Prepared statement of Mr. Blaze follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Hurd. Thank you, sir. Ms. Hennessey, you're now recognized for 4 minutes. STATEMENT OF SUSAN HENNESSEY Ms. Hennessey. Thank you to Chairman Hurd, Ranking Member Kelly, to Chairman Palmer, and Ranking Member Butler Demings, and to the distinguished members for the opportunity to speak to you today. My name is Susan Hennessey. I am the executive editor of Lawfare and a fellow at the Brookings Institution where my research focuses on the law and policy governing cybersecurity and surveillance. Prior to Brookings, I served as an attorney for the National Security Agency, though my comments today reflect only my personal views, and not those of my current or prior employer. I'd like to begin by noting how extraordinary it is that a full year after the last presidential election, there is still enduring attention to the issue of election security. This moment really represents a remarkable opportunity to take long overdue steps towards securing Federal and State elections. In order to do so, however, it is necessary to carefully define the issues and to disentangle pure election security from broader information operations, or covert influence campaigns. Information operations certainly impacts the broader context in which elections occur, but they are distinct problems with distinct solutions. The matter currently before these committees is narrower, but no less pernicious: the threat to election infrastructure and voting systems related to the management and administration of elections. The election security threat is not limited exclusively to changing the vote counts. As other experts have testified here today, altering vote tallies is technically possible. However, it remains difficult to do so on the scale necessary to predictably change the outcome of the statewide or national election. The probable actors with both the incentives and technical capacity to carry out sophisticated attacks are foreign governments, which would need to avoid both forensic detection and that of the U.S. and allied intelligence communities. Unfortunately, U.S. adversaries have a far more achievable aim, to undermine the confidence of the American people in their government and their processes and institutions, and in the selection of their leaders. To do so, a malicious actor needs only to penetrate systems in a manner that introduces uncertainty. This landscape increases the importance of being cautious in how we discuss election security issues to avoid inadvertently undermining confidence ourselves. Congressionally driven solutions should account for international and domestic realities. Internationally, while most recent attention has been on Russia, any number of U.S. adversaries, including China, North Korea, and Iran, possess the capabilities and interest to be of genuine concern. Enduring solutions cannot be country-specific. Domestically, a strong tradition of Federalism and election administration ensures that despite clear constitutional authority, any perceived Federal overreach will meet strong resistance from States on political and policy grounds. Keeping those features and the nature of the threat in mind, I believe Congress should adopt the following broad solutions which are detailed more extensively in my statement for the record. First, to direct the development of a national strategy for securing elections aimed at protecting systems, deterring bad actors and bolstering public confidence. Second, provide Federal resources to States in the form of funding, support, and best practices. Third, regulate election technology vendors, which currently operate in limited and proprietary markets that leave States with insufficient power to dictate security standards. Fourth, lead the development of international norms against election interference. Finally, Congress, as our primary elective body, must renew and sustain political commitment to the issue of election security, and reestablish norms that have been broken in the way we discuss election integrity and outcomes. Thank you, again, for the opportunity to address you today. I look forward to taking questions on this important national security issue. [Prepared statement of Ms. Hennessey follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Hurd. Thank you. And to start off our first round of questions will be the distinguished gentleman from Alabama, Chairman Palmer. You're recognized for 5 minutes. Mr. Palmer. Thank you, Mr. Chairman. Dr. Blaze, what do you think is the biggest takeaway from the DEFCON report? Mr. Blaze. So I think the biggest takeaway is both alarming and yet unsurprising, and that is that vulnerabilities that we knew in principle were present are, in fact, exploitable in practice by nonspecialists. Mr. Palmer. Here's a question that I'm going to direct to you but some others may want to respond to it. I'm very concerned about foreign influence on our elections. But we--to the last year, particularly the last few years, we've had hundreds, if not thousands, of reports of domestic voter fraud, whether it's voter register, it's manipulation of ballots at the polling place. Is that not also a threat to our elections? Mr. Blaze. Well, certainly, you know, the potential threats to our election are very broad, and they include everything from the voter registration process through the reporting of election results. My concern as a computer scientist, and my expertise, is particularly on the technical vulnerabilities present in these systems as they're designed and built. And what, really, every expert who has looked at these systems has found is that the attack surface of these machines leaves us particularly vulnerable---- Mr. Palmer. But not just to foreign---- Mr. Blaze. --adversary---- Mr. Palmer. But not just to foreign interference but domestic interference as well. Wouldn't you agree? Mr. Blaze. Absolutely. A determined domestic adversary---- Mr. Palmer. So someone with a political agenda could--if they had the technical expertise, would be as much a threat as a foreign entity. Would that be a reasonable conclusion? Mr. Blaze. That's right. Particularly someone interested in disrupting an election, or casting doubt on the legitimacy. The way these systems are--particularly DRE-based systems are designed, it's very difficult to disprove that tampering has occurred. And, ultimately, that's a critical aspect of being able to have confidence in the result. Mr. Palmer. One of the things that particularly concerns me is, is that you can be disconnected from the internet, from WiFi, and still hack a machine because of the potential of parts within the machine, foreign-manufactured parts. Can you talk briefly about that? Mr. Blaze. That's right. The design of DRE systems makes their security dependent not just on the software in the systems, but the hardware's ability to run that software correctly and to protect against malicious software being loaded. So an unfortunate property of the design of DRE systems is that we have basically given them the hardest possible security task. Any flaw in a DRE machine's software or hardware can become an avenue of attack that potentially can be exploited. And this is a very difficult thing to protect. Mr. Palmer. Do we need to go to, even if we have some electronic components, to back it up with paper ballots? Because your fallback position is always to open the machine and count the ballots. Mr. Blaze. That's right. So print and counted optical scan systems also depend on software, but they have the particular safeguard that there is a paper artifact of the voter's true vote that can be used to determine the true election results. Paperless DRE systems don't have that property, so we're completely at the mercy of the software and hardware. Mr. Palmer. As inconvenient as it might seem, I mean, for years and years and years, we relied on paper ballots. It doesn't seem unreasonable that that would be a great safeguard. I want to ask Secretary Schedler and Cortes about this. In Alabama, it's a mixture of voting machines. Do you have that as well? I mean, do you have kind of an all over the roadmap? Mr. Schedler. Congressman Palmer, Louisiana is what we call a top-down system. We control, as I indicated in my opening comments, all of our own machines. We warehouse our own machines. You know, we do have a tape system of paper behind that that we can audit specifically with three different types of processes. It has never been unproven in a court of law. And the only thing I want to add to the DEFCON is that, look, I welcome anyone from the academic side to look at any system. But let's put it in contents. The contents is an unfettered access to a machine that's given to them in a laboratory. Let's talk about when you discover--and I'm certain the professor from University of Pennsylvania, or MIT, or anyone, if I gave them unfettered access to a machine can figure out how to tinker with that machine or disrupt it. That machine. In Louisiana, as most States, the machines are not linked together. Each one has a separate cartridge to itself. And I guess the implication is that at the point of programming, you could do something to that. I guess that's possible, and I wouldn't argue that point with someone much more learned on that subject than I. But, again, in a top-down system, that would mean someone in my office, on a computer that is cleaned and scrubbed before an election and after, would have to have access to that program and equipment in my office. The other thing that's never mentioned in any of the hacking of a machine is after you figure out what you're going to do, has anyone yet ever sat down and discussed--and I'll only give you Louisiana--in roughly a 36-hour period, after we go into the machine, put a metal clamp like you have an on your electrical box at your home, with a serial number, figure out they're going to get into 64 warehouses across my State, go into 10,200 machines, undetected under camera, no one saw you, unscrew the back of the panel, do what you're going to do, put the panel back on, and figure out how you're going to put that metal clamp back on. So the point I'm making is that a lot of these things that we talk about are certainly possible. But I would suggest to you the amount of people you'd have to put in play to commit this fraud, it would be easier to do a stump speech and basically convince them to vote your way, the legal way. Now, there is no such thing as a perfect election. None. There are issues that occur from electricity going out, to fires at a precinct--I could go on and on--flooding in Louisiana and the like. But, you know, one of the things that everybody has to understand is all of these conversations around this all deter voter participation, whether you believe it or not. Mr. Palmer. Let me just say this, Mr. Chairman. I appreciate your answer, Mr. Secretary. Is that a couple of things that I hope that we're sensitive to. One is that we don't want the Federal Government's involvement in this to infringe upon the State's authority to conduct elections. And then the other is, is that we don't want to just be so focused on foreign interference that we don't give due diligence to addressing the domestic threat as well. I yield back. Mr. Hurd. Ranking Member Kelly, you're now recognized. Ms. Kelly. Thank you, Mr. Chair. Mr. Krebs, I wanted to ask about your agency's efforts, DHS, to notify 21 States about Russian attacks on their State election systems. On October 20, Ranking Member Cummings and I sent a letter to DHS requesting copies of the notifications you sent to 21 States that were attacked before the last elections. And, Mr. Chairman, I ask for unanimous consent that this letter be made part of the official record for today's hearing. Mr. Hurd. So ordered. Ms. Kelly. In our letter, we also asked for other materials, including all documents, and I quote, ``relating to Russian Government-backed attempts to hack State election systems.'' Our letter asked for these documents by October 31, but we got nothing. So earlier this week, the Republican committee staff kindly agreed to help us make crystal clear to DHS that we wanted these documents before today's hearings so we could ask informed questions. DHS assured us that they would respond. Instead, late in the day yesterday DHS sent us only an email with a short script that DHS employees apparently read over the phone to State election officials. Mr. Krebs, I'm just asking, where are the rest of the documents that we requested? Mr. Krebs. Ma'am, I'm aware of the script that was provided. A lot of those notifications were over the phone. They were not via email. There may have been some follow-up conversations. As to the rest of the documents, if you'll permit me to go back, and I commit to you that we will have a more fulsome answer for you. But as to the specifics of each document, I would have to go back and check on that. Ms. Kelly. Okay. I'm counting on you---- Mr. Krebs. Yes, ma'am. Ms. Kelly. --to deliver. Because the telephone script is literally only 13 sentences long. It does not refer to any specific State or any specific attack. It is just a generic script that provides no additional information at all. And, you know, just curious about where are all the supporting documents that we requested that set forth the details of the attack? And, with all due respect, the telephone script does not help us do our job, which will help you in turn. You have not provided us with any information about the tools the attackers used, or the tactics that they utilized, or any information on the results of your conversations with these States or the steps you took to follow up. So it's been more than a month since we asked for those documents, and the majority wants those documents also. Can you tell us what the holdup is? Mr. Krebs. Ma'am, I'm not aware of any particular holdup. What I will say is the nature of the conversations we've had over the last, frankly, year with the States--and I've had a number of conversations with Secretary Schedler, my team has regular conversations with Commissioner Cortes, and a range of other State election officials. When you characterize these things as attacks, I think that that is perhaps overstating what may have happened in the 21 States as was mentioned over the course of the summer. The majority of the activity was simple scanning. Scanning happens all the time. It's happening right now to a number of probably your websites. Scanning is a regular activity across the web. I would not characterize that as an attack. It's a preparatory step. In terms of those scripts, there are two scripts. One script was provided to States that wanted additional information if they were included in that batch of 21. And in the other script is for those States that were not in that batch of 21. So if that context was not provided, I apologize, and I'm happy to follow up and make sure that you get the information that you're looking for. Ms. Kelly. Okay. And I just want to make sure the chairman is willing to work with me today by directing DHS to provide all the documents actually within 1 week, and that I hope we can work together to get these documents as soon as possible, hopefully in 1 week. Because this hearing is supposed to be about cybersecurity of voting machines and our investigation should be bipartisan. Yet, DHS is withholding the very documents that would help us, on both sides of the aisle, help our committee understand how our State election systems were attacked by the Russians. So I look forward to your cooperation and working with my chairman. I yield back. Mr. Hurd. Would you yield to me? Ms. Kelly. Of course. Mr. Hurd. Mr. Krebs, was there anything other than scanning done at those 21 locations? Mr. Krebs. The vast majority of those 21 States were, in fact, scanning. There was a very small subset of those groups that there was a compromise on the voter registration side, but not within the tallying. And then there was some additional--a small group, also, that had some targeting. So we actually winnowed it down. Now, when we talk about that scanning, it was not, also, necessarily an election system that was scanned. That's additional context that we provided to our partners in the State election offices. What we saw in a lot of those cases was, frankly, drive-bys. It was--you know, you think about walking down the street, and you're looking for a house. You knock on the door. You don't know what's there. You may be looking to get into the neighbor's house, looking for a key. I apologize for the kind of mundane analogy. But that's simply what we saw was doing a drive-by, seeing what was there, seeing if the door was locked. In a lot of the cases, as Secretary Schedler pointed out, there was adequate protections involved. Mr. Russell. So, Mr. Krebs, you'll be able to provide us with the details of who was in addition to scanning and what the nature of that contact was? Mr. Krebs. In terms of the States that were targeted or scanned, that's a difficult conversation because the information is provided to us based on trust, just like all our other relationships with the critical infrastructure community. The fact that we don't have statutory authorities to compel, we are engaging on a trust-based relationship here. If I then turn around and share information that Tom provided to me outside of the scope of that confidential relationship, Tom will never share with me again. In fact, Edgardo will never share with me again. And this is going to jump out of this relationship. And the entire cybersecurity mission of the Department of Homeland Security, it is a voluntary mission. That entire mission will be jeopardized if we divulge confidential information. So I am happy to provide contextualized information on the nature of those 21 States. But in terms of the 21 States, I suggest you reach back to your--and I will help with you to reach back to your States--ma'am, you mentioned that your State may have been one. I will help you have that and facilitate that conversation. But today, while we're sitting here, I also encourage you to ask my counterparts here from the States. Mr. Hurd. Mr. Duncan, you're now recognized for 5 minutes. Mr. Duncan. Thank you very much, Mr. Chairman. I want to go back into this DEFCON conference from this past July. The article that I have said participants tested over 25 pieces of election equipment, and every piece was effectively breached in some manner. And it says in the DEFCON report on the voting machine hacking, the results were, quote, ``By the end of the conference, every piece of equipment in the voting village was effectively breached in some manner. Participants with little prior knowledge and only limited tools and resources were quite capable of undermining the confidentiality, integrity, and availability of these systems. And back just a few months ago when they had the worldwide cyber attacks, I don't often quote a liberal--don't often quote liberal magazines in here, but Robert Kuttner, the editor of The American Prospect Magazine, he wrote this. This was written in The Huffington Post. He said, ``Last week's cyber attack to produce the wrong reasons''--``the wrong lessons.'' The immediate takeaway seems to be that large institutions need much better cybersecurity systems. But there's a much simpler and better solution. Vital systems that can't withstand the catastrophic risk of malicious hacking should just go offline. Hackers will always be able to find ways of getting into network systems. The fantasy of ever-better cybersecurity is delusional. We could spend half the GDP on network security and someone will still find a way to breach it. I know that we have addicted almost everyone in this country to the computers and the iPads and so forth. But I tell ya, I believe that cybersecurity is a multi-billion-dollar hoax. And I'm sure what we're going to do, we're going to spend untold billions trying to come up with these systems that, as Mr. Kuttner says, it's a fantasy. And I think the solution should be that we should go to the Canadian system. I read several years ago that they had much smaller precincts. They're usually on average of 500 people per precinct, and they use paper ballots. And I know that's old fashioned. But I think we're headed down the wrong path here. It's a path that I'm sure we're going to go on. But I think that--I agree with Mr. Kuttner and also the findings of this DEFCON report. Anybody want to say anything? Mr. Schedler. I'll just say Louisiana is not one of the 28 States--21 States. Excuse me. So you can scratch one off. Mr. Hurd. Thank you. Mr. Duncan. All right. Well, I yield back, Mr. Chairman. Mr. Hurd. Ranking Member Demings, you are now recognized for 5 minutes. Mrs. Demings. Thank you so much, Mr. Chairman. You know, as we continue this discussion today, I cannot help but think about my own parents. My mother was a maid, and my father was a janitor. They didn't have a lot that other people had, but they did have their votes. And I cannot remember an election growing up where they did not cast that vote. They believed that it mattered. And I would hope that every witness here today and every member of our subcommittee, regardless of if you were a billionaire or a maid and a janitor, that we would all work to protect the integrity of our voting system in the greatest country in the world. So, Dr. Blaze, I want to go back to the DEFCON report that we've talked quite a bit about today. And I certainly listened to some of the comments my colleague, Mr. Duncan, made about how these systems were breached. But could you please talk a little bit more about the equipment that was used to breach the systems? Was it sophisticated equipment or not? And what kind of prior knowledge did the breachers have, if any at all? Mr. Blaze. So, first of all, I'd like to point out the DEFCON Voting Village was not intended to be a formal security assessment. It was an informal opportunity for people from a broader community, really for the first time, to get access to actual voting equipment. We got about five different models of voting machine and electronic poll book, made them available. We made available the reports that had been published about these equipments in some cases. And that was it. We opened the doors on Friday afternoon, and people came in and any tools and equipment that they brought to that, they were--they had to bring in themselves. There was no access to any proprietary information, no computer source code was available. Just the equipment and electricity. Mrs. Demings. And I know some or many have criticized or questioned the vulnerability of the ability to hack the systems because of the decentralized nature of the machines. Do you agree that the decentralized nature of our elections protects us from disruption or not so much? Mr. Blaze. You know, it's a double-edged sword. The fact that we have highly heterogeneous systems that are decentralized in their administration makes it difficult for somebody to do a single thing that will affect us on a national scale. And that is, in fact, an important safeguard. But it cuts both ways. There's, in fact, only a relatively limited number of different models of voting equipment used in the United States. And an adversary, particularly a foreign state actor interested in disrupting our election process, has the luxury of being able to pick the weakest systems and need only find the most poorly administered and the most vulnerable systems to do sufficient damage to suit their needs. So while it may make us more secure against somebody with one-stop shopping disrupting a national election, it actually increases our vulnerability to some disruption happening, perhaps sufficient disruption that we don't have confidence in the outcome. Mrs. Demings. We've heard a lot about the need for an audit. What type of audit do you believe would have to be performed on a paperless voting machine to verify the vote counts or verify that the vote counts had not been altered? Mr. Blaze. So paperless voting machines essentially are voting computers that are completely dependent on the software that was running on them at the time of the election. There is no fully reliable way to audit these kinds of systems. We may get lucky and detect some forensic evidence. But, ultimately, the design of these systems precludes our ability to do a conclusive audit of the voter's true intent. That's why paperless systems really need to be phased out in favor of things like optical scan paper ballots that are counted at the precinct but backed by an artifact of the voter's true intent. Mrs. Demings. Thank you, Dr. Blaze. And, with that, I yield back. Mr. Hurd. Mr. Mitchell, you're recognized for 5 minutes. Mr. Mitchell. Thank you, Mr. Chair. Mr. Krebs, could you help me with one thing? On June 21st, Secretary Johnson--and this is a quote--appeared before the House Permanent Select Committee on Intelligence. He said: ``To my current knowledge, the Russian Government did not, through any cyber intrusion, alter any ballots, ballot counts, or reporting of election results.'' Has anything changed since that point in time that you're aware of? Mr. Krebs. Not to my knowledge. No, sir. Mr. Mitchell. So you have received no information that the election results, either at the Federal level or the States you looked at, were altered in terms of counts or outcomes? Mr. Krebs. No, sir, I don't have any additional or contrary information to---- Mr. Mitchell. Do you have any indication that any actor, be they foreign agency or domestic, actually attempted to influence the vote counts or ballot activity? Mr. Krebs. Sir, I believe that's a different question. Mr. Mitchell. Yes. You're correct. Mr. Krebs. My understanding, the intelligence assessment is that a foreign adversary--now, if I can back up. You said June. June of 2016? Mr. Mitchell. 2017. June 21, 2017. Mr. Krebs. So former Secretary Johnson. Mr. Mitchell. Former Secretary. I'm sorry, yes. Mr. Krebs. So since then, any opportunity to influence, is that your question? Mr. Mitchell. The question is, did you find any indication that there was any effort to, by domestic or foreign influence, to affect the ballot results since that point in time? Mr. Krebs. No, sir. Mr. Mitchell. Thank you. Let me ask the group as a whole. I think the consensus is that the integrity of our election is a national infrastructure issue. Anybody disagree about that? It's every bit as important as our roads, our ports, our waterways. You know, we don't invest any Federal money, never mind Federal standards or some guidelines on that. Is anybody opposed to the idea that we go forward with some form of a--we invest to support that program with some kind of guidelines the States can choose to whether they want to participate or not? Mr. Schedler. I think best practices would be a better word to use. I think that the States as a whole--and I speak in a nonpartisan fashion---- Mr. Mitchell. Sure. Mr. Schedler. --would be adamantly against an intrusion of the Federal Government---- Mr. Mitchell. Oh, I agree. Mr. Schedler. --of course we would do it, because it's in the Constitution. But certainly best practices. I think there are a lot of evidence of that with some of the entities that are out there today. We welcome additional ones. Certainly, we're not---- Mr. Mitchell. Let me clarify for you, Secretary. I wasn't suggesting that we impose a system on the States, simply we have a grant program with a range of options, and States, particularly areas---- Mr. Schedler. Usually, the grant programs have strings attached. Mr. Mitchell. Well, if the grant program said, do you want to update your equipment, and it meets certain sets of expectations and security, you can choose to do it or not. Mr. Schedler. Right. Mr. Mitchell. If you don't---- Mr. Schedler. If it's voluntary and we can accept it, and we can accept whatever strings come with it, and you can turn it down, I have no problem. Mr. Mitchell. Commissioner Cortes, you have any feedback on that? Mr. Cortes. Yes, sir. I think resources for States to either purchase equipment, or for those that have already moved to equipment to do other things to strengthen the security of the election, whether it be electronic poll books or a registration system, would be greatly appreciated and something that we would certainly support. Mr. Mitchell. It just occurs to me, why don't we do that for our highways. We do that for our ports. But yet we expect magically the elections are going to happen with local resources, without, frankly, minimal support. Let me give you an example. Mr. Duncan talked about would we not be better off with paper ballots. You have any feedback on simply going to a full paper system or some system that's paper dependent? Mr. Schedler. And you're referring to a paper system at a poll location, not a mail paper ballot? Mr. Mitchell. Correct. Mr. Schedler. Okay. I'm not opposed to that. Matter of fact, the system that we're looking at--we're not out for bid yet--would be one that would produce--even though you would vote on an electronic machine, it would produce an actual paper ballot---- Mr. Mitchell. My whole concern with that---- Mr. Schedler. --and then a cast ballot only with that point when you put it into a secure box. Mr. Mitchell. My concern with that, and Dr. Blaze makes the point, is that if you produce a paper result after you put something into the machine, if, in fact, the machine is tampered with, you could, in fact, end up just confirming the tampered information. Mr. Schedler. Yes, sir. But we do have, currently, at least in the machines I use, a paper--I don't want to call it a cash register receipt, but for just the purposes of this meeting-- that we can produce and audit back. So there's several audits even though I don't have a paper ballot of Mr. Mitchell, I can certainly use that in a court of law, and we have been very effective with that. Mr. Mitchell. Well, as Dr. Blaze states---- Mr. Schedler. There's one thing I want to do mention. In this whole conversation is the segregation of the vulnerability side of the registration, or a poll book versus voting day. No State--no State--votes online in cyberspace. Mr. Mitchell. I know that. Mr. Schedler. So how do you attack something in cyberspace that's not in cyberspace? Mr. Mitchell. Right. Mr. Schedler. And there's one or two exceptions to that, Alabama with military voting, Alaska, in some remote areas. And I think there's one other State. But a minuscule amount of votes. Mr. Mitchell. Let me--time--deference, Mr. Hurd? Mr. Hurd. [Nonverbal response.] Mr. Mitchell. I understand, and I think Dr. Blaze's suggestion that an optical scan system allows you to have the original source document that says, you know, voter number 028 voted this way. So that, in fact, you don't depend on the system to generate it. But that's something we can deal with. Question, you all are aware of what happened in Michigan in terms of the Federal election, that 60 percent of the precincts in the city of Detroit, they couldn't do a recount because the numbers didn't match? Mr. Schedler. No, sir, I'm not aware of that. Mr. Mitchell. There were more voters that voted-- admittedly, only 728, nevertheless. There were more votes counted than there were voters, and there were 328 that were listed as voting but the ballots never showed in the count. That meant that 60 percent of the precincts in the city of Detroit weren't auditable. I guess my point is, is you couldn't do a recount. I think something we need to encourage the States to do is have an audit system where we raise these issues of why those disparities, and how we prevent them. Because that's--if, in fact, we need to do a recount, it was not possible to do within the city and several other jurisdictions. I'll submit for the record, Mr. Chair, the article--I'll have this submitted for the record--of what transpired in Detroit, which was a paper-then-scan system. They still managed to lose enough votes that they couldn't recount. Mr. Krebs. Yes, sir. And I brought that out in my comments. Even with a paper system, you still got to have some good protocols. It's not foolproof by any means. Mr. Mitchell. Agreed. Agreed. Thank you, Mr. Chair, for the deference, and I yield back. Mr. Hurd. The distinguished gentleman from the State of Missouri, Mr. Clay, you are now recognized for 5 minutes. Mr. Clay. Thank you, Mr. Chairman. And I want to thank the witnesses for your testimony today. Last June, the vice chair of the Presidential Advisory Commission on Election Integrity, Chris Kovach, made an extraordinary request of all State election directors to transmit to the White House the confidential information and voting history of all Americans living in their State. Mr. Kovach directed the State elections officials to provide the sensitive data to a government email address with no apparent means of securing that data. Dr. Blaze, please explain the data security issues with transmitting sensitive voter data over email. Mr. Blaze. Well, I'm not familiar with the precise nature of the request. But as you've described it, certainly sending that kind of information over an ordinary unencrypted email system would be fraught with many security and privacy issues. Mr. Clay. If confidential voter data were revealed due to insecure transmission, could that provide means to infiltrate State election systems? Mr. Blaze. Yes. That sort of information would--could potentially be quite valuable to an adversary interested in targeting particular polling places or individuals or areas. So information about historical voting patterns and about individual registered voters can be quite sensitive. Mr. Clay. I see. Secretary Schedler and Mr. Cortes, I understand your States did not comply with Mr. Kovach's request. Could you explain why? Mr. Cortes. Congressman, that's correct. Virginia did not provide any data that was requested from the Commission. We had significant concerns related to the sweeping nature of the request. And, you know, we spent a lot of effort and lot of resources protecting our voter data of Virginians. So to take that and turn it over to a Commission with no sense of what it was going to be utilized for, how it was going to be stored and maintained, raised significant concerns for us. And so we declined to provide anything whatsoever. Mr. Clay. Thank you for that. Mr. Schedler? Mr. Schedler. Mr. Congressman, we likewise refused that. But I do want to clarify one thing that has been lost in this whole debate. And why Mr. Kovach, my colleague, did not early- on clarify his position. I watched him for 4 days on national news networks. But if you go back and look at the original request, he truly didn't ask for that. What he asked for was what was available publicly under State law. And then, after that, instead of putting a period, he went on with Social Security number and other--why he did that, I don't know. He caused me a lot of heartburn in my State with thousands of emails and Facebook posts and the like. So to answer your question, no, I did not supply that to him. I told him for $5,000 and a credit card, we'd be glad to supply him the public informational data that you could get on anyone from Google, quite frankly more information. But you're correct, putting that out in the fashion it was. But I do want to say this: It wasn't just the Trump administration that asked for that. I was posed with that under three defiances to a Federal judge to produce that under President Obama's administration through a Department of Justice---- Mr. Clay. I see. Mr. Schedler. --in a lawsuit from several entities. And I refused President Obama, and I refused President Trump. So I am consistent. Mr. Clay. Well, let me ask you. That brings me to another question for you and Mr. Cortes. Are you aware of any cases of voter impersonation in your State? Mr. Cortes, you can take it first. Mr. Cortes. Congressman, I'm not aware of any instances of voter impersonation taking place in Virginia. No. Mr. Clay. So no pending cases or anything like that? Mr. Cortes. Not that we're aware of, sir, no. Mr. Schedler. No, sir. We wouldn't in Louisiana. I mean, we have some issues. But let's put it this way: If we have had one, it's never been prosecuted or been able to be proven. Mr. Clay. Don't you think it's a little difficult to get enough voters to show up, let alone someone showing up and impersonating someone else? Mr. Schedler. Well, I think the real issue is--and, alluded again, we separate the distinctions in the election system. The registration side, list maintenance, some States do a better job than others. I know our current President has alluded to 3 to 5 million voters. What he's referring to is 3 to 5 million potential voters on registration lists. The voter fraud would be one of those individuals who shouldn't be on there showing up at the poll and voting. It may be that. It may be more. It may be less. But---- Mr. Clay. But you and I know people have the same names. Mr. Schedler. Yes, sir. Yes, sir. Mr. Clay. So that shouldn't disqualify them from being---- Mr. Schedler. No, but that's why we have identifying information---- Mr. Clay. --a qualified registered voter. Mr. Schedler. --like mother's maiden name, Social Security number, date of birth, that we can distinguish those differences. Mr. Clay. Sure. All right. Mr. Schedler. Like in the State of Louisiana, we have a bunch of Heberts and Thibodeauxs, but we can distinguish it by a birthday or mother's maiden name. Mr. Clay. Well, look, I thank you all for your engagement, and my time is up. Mr. Chairman, I yield back. Mr. Palmer. [Presiding.] I thank the gentleman. Just a point of clarification. You did have reports of illegal voting in both your States. In Virginia, you had over 1800 illegals that apparently were reported voting. Is that correct, Commissioner Cortes? Mr. Clay. Mr. Chairman, I asked about voter impersonations, someone else showing up and saying that they are someone other than who they are. Mr. Palmer. Thank you. Mr. Clay. And you know that's what the photo ID laws are all about. Mr. Palmer. Right. Mr. Cortes. Congressman, I believe you asked about our reports regarding illegal voter. We don't agree with neither the findings of the report, or, frankly, how the analysis was done. There are a lot of problems in there that we have indicated publicly. You know, in terms of proving, or, you know, identifying individuals that are citizens or not on the voter rolls is exceptionally difficult. And the processes that we have in place in Virginia, I think, capture and prevent anybody from voting illegally or improperly. And so the report you're referring to, I think, was very faulty in its analysis and really took information and made sweeping general statements without taking into account the reality, despite our best efforts to communicate with the report authors about it. Mr. Palmer. Thank you. In Louisiana, it's either Hebert or Hebert. So I can understand the problem you have there. Mr. Schedler. Depending on what part of Louisiana. Mr. Palmer. The chair recognizes the gentleman, Mr. DeSaulnier, from California, for 5 minutes. Mr. DeSaulnier. Being from California, I wouldn't recognize either version. I just want to thank the chair, and I want to thank all of the people who are testifying in front of us today. And for the Secretary, I both agree with you, but maybe we have a small difference of opinion. The importance of the integrity of the voting process is obviously supreme for all of us sitting in this room. But raising legitimate concerns about the integrity of that, making sure that we are pursuing best practices in a world that's changing dramatically, I think, is what we're all concerned with. So in that regard, I'm hearing two sort of versions of things here from the panel. And, Ms. Hennessey, in your research--I got a quote from Michael Vickers, who used to be the Pentagon's top intelligence official, who said, quote, ``This attack is really the political equivalent of 9/11. It is deadly, deadly serious.'' The attacks that we have seen both against the United States, in my view, but also against western democracy. And this goes to undermining democracy. So we want to make sure, I would think, in Congress, that we're doing everything to make sure that we're ahead of it and questioning our existing system. So you made a number of suggestions. First off, is there any doubt in your research that these hacks are attributable to Russia, these significant hacks? Ms. Hennessey. Certainly, the intelligence community--the intelligence community assessment of the 2016 election assesses that with high confidence that is supported by a large body of public data. And there is no public information that would counter or refute that conclusion. Mr. DeSaulnier. So keeping in mind that we're talking about, in this hearing, the title is Cybersecurity of Voting Machines, and we've got lots of other activity going out there that hopefully we'll discuss further in Congress, vis--vis the things we're learning about social media and data collection. But for this purpose, are we ahead of the game in your research? I read where the French and other western democracies are being much more aggressive, not knowing what their infrastructure is. But from your research, is the United States doing everything we can compared to other international democracies who are aware of the problem? Ms. Hennessey. I think the short answer is no. There are two categories in which we can think about the U.S. response. What we've been talking today can broadly be categorized as deterrence by denial. So imposing security standards that make it difficult or impossible for the adversary to achieve their goals. Dr. Blaze and the others, I think, have pretty well articulated the insufficiency of the U.S. response on that front, the need for more to be done in terms of Federal resourcing, and at the State level. There's also a broader concept of deterrence, right? So deterrence through setting international norms, response options. We are also not seeing sufficient buy-in, frankly, from the top at this point to push those efforts forward in order to get the international community both to agree on the seriousness of what occurred, and also to impose measures, including those passed by Congress, to ensure that it doesn't happen again. Mr. DeSaulnier. I appreciate that. Mr. Krebs, in that sort of vein, your response to Ms. Kelly is seen somewhere in-between. We know the uniqueness of the relationship as you have described it between State's rights and the ability for them not to feel like we're imposing on them. However, you've also talked about best practices. And it would strike me that you're in a position to be able to acquire those best practices, particularly in conversation with the intelligence community. Ms. Kelly asked you if you would give us those documents. It seems like you're equivocating. Something--basically, you said in order to have a relationship with the States, it's based on trust. But forgive me for inferring from that there's a lack of trust in giving those documents to Congress. In a Federal election, it strikes me that Congress and the Federal Government has a requirement to make sure that we are pursuing best practices in partnership with the States, not overruling them. But if Congress asks for documents, including the minority party, it strikes me that you should give that to us, to the whole committee, without edits, without comments. Mr. Krebs. Sir, if I may, I'd like to clarify to the ranking member, the information--ma'am, I'm glad you're here. The information that I would provide, no question best practices. I've got them right here. Best practices are just fine to share. What we're talking about is the trusted information that's shared on the nature of what may have been a scan or a compromise. That's the information. We have no question of the oversight interest of the committee, absolutely no question. The balance we have is the operational admission of the Department in partnership with our State and local partners in that--again, that overarching cybersecurity mission of the Department in working with our partners in a voluntary basis. Mr. DeSaulnier. I'll take that as we'll receive the documents soon. So thank you. Mr. Krebs. Yes, sir. Mr. DeSaulnier. Thank you, Mr. Chairman. Mr. Hurd. [Presiding.] Mr. Krishnamoorthi, you are now recognized for 5 minutes. Mr. Krishnamoorthi. Thank you, Chairman Hurd and Palmer, along with Ranking Members Kelly and Demings, for convening today's important hearing. The sanctity and security of our election systems are the bedrock of our republic. The American people need to know, not just believe, but they need to know for certain that their votes are counted fairly. My home State of Illinois was one of 21 States that the Department of Homeland Security informed us was targeted by hackers in June of 2016. The NSA reported that personal files for over 90,000 Illinois voters were illegally downloaded by Russian hackers. Mr. Krebs, do you have any reason to dispute the NSA's findings that Russian-affiliated entities were behind the recent election data breaches? Mr. Krebs. I'm, unfortunately, not able to comment on that specific disclosure. That, I would, unfortunately, have to defer to the NSA. Mr. Krishnamoorthi. But do you have any reason to believe they're incorrect about that? Mr. Krebs. I'm not certain to the nature of the report you're discussing. I, unfortunately, would have to, again, defer to the NSA to comment specifically---- Mr. Krishnamoorthi. Right. You'd defer to the NSA because they are expert in this particular matter, and they have the intelligence and the ability to ascertain whether these data breaches occurred and who were the source of these data breaches, correct? Mr. Krebs. Again, I would defer to the NSA on any discussion here. Mr. Krishnamoorthi. Sure. While the implications--and you're correct to defer to them. While the implication of Russia's attack on one of our elections systems are concerning, what I find even more disturbing is that it was part of a broader international campaign to undermine western democracies such as the 2017 elections in France and Germany, as well as recent elections in the U.K. and other NATO countries. Now, Mr. Krebs, again, I'd like to ask you a follow-up question. Can you assure me that DHS is working with our allies and the broader international community, the intelligence community, to develop a coordinated response to these incursions? Mr. Krebs. So what I can speak to is the nature of the Department of Homeland Security's engagements with our international partners. Immediately before the French election, we reached out to the CERT, the French CERT, which is the Computer Emergency Response Team, keeping in mind that my responsibilities in this space are, frankly, two things: information sharing and technical support on a voluntary basis. So information sharing with the State and locals and also information sharing with the French CERT. In terms of a broader strategy for pushing back, I'd have to defer to the interagency or the White House on that. Mr. Krishnamoorthi. Earlier this month, the President said that he took Vladimir Putin at his word that he did not interfere in Russia, and did not interfere in the 2016 election. Quote, unquote, he said: ``Every time he sees me, he says, 'I didn't do that.' And I believe--I really believe that when he tells me that, he means it,'' quote, unquote. Mr. Krebs, just a few minutes ago you couldn't point to any reason or dispute, you have no reason to believe that the NSA's conclusions with regard to Russian hacking were inaccurate or incorrect. You defer to the NSA's conclusions. Are you saying that the President is somehow wrong to take Putin at his word, as opposed to deferring to the NSA's conclusions on this topic? Mr. Krebs. I'd like to clarify one thing real quick. I have said all along that I agree with the intelligence community's assessment that the Russians attempted to interfere with our election. Mr. Krishnamoorthi. Good. Mr. Krebs. What you spoke about earlier was some report attributed to the NSA about a specific State. That is what I defer to the NSA on. I am unable to comment on that. That is not within my agreement. I am focused on information sharing, technical assistance and support to the State and locals. We are in a support role. Now, to your other comment---- Mr. Krishnamoorthi. Well, let me reclaim some of my time here. You answered the question correctly, in my view, which is that you agree that the Russians did interfere in our 2016 election, or you at least agree with the intelligence community, which knows what it's talking about, that the Russians did interfere in our 2016 election. So are you saying that the President is wrong to disagree with that conclusion, and instead, take the word of Vladimir Putin that Russia did not interfere in our elections? Mr. Krebs. No, sir. I said I agree with the assessment of the intelligence community on what happened in 2016. Mr. Krishnamoorthi. Okay. Do you agree with the President that in his assessment, that Vladimir Putin did not actually interfere in our election? Mr. Krebs. Sir, I was not privy to that conversation. I-- look, I'm focused on helping State and local governments for next year. Every one of us recognize that there is a threat, whether it's from Russia, China, North Korea, or Iran. Mr. Krishnamoorthi. You're not answering the question, sir. Mr. Krebs. Yes, sir. Mr. Krishnamoorthi. You don't have to be privy to that question. You don't have to be privy to that conversation to be able to answer the question. Do you agree with his assessment that Russia did not interfere in our elections? Mr. Krebs. Sir, I--again, I'll point back to last year's intelligence assessment. Mr. Krishnamoorthi. Okay. I'll take that as a nonanswer. Mr. Hurd. The chair notes the presence of our colleague, the gentlewoman from Hawaii, Ms. Gabbard, and I ask unanimous consent Ms. Gabbard be allowed to fully participate in today's hearing. Without objection, so ordered. Now it's a pleasure to recognize my friend, the gentlewoman from the great State of Hawaii, for 5 minutes for questions. Ms. Gabbard. I thank the chairman and Ranking Member Kelly for holding this important hearing, and for all of the witnesses for taking the time and coming and sharing your experiences and expertise here. I apologize for missing the first part of the hearing, but I'm sure a number of these topics have been discussed. But I think they all boil down to the immediate task at hand, which is seeing what actions can and should be taken to make sure that our elections are protected. For our democracy to work, the American people need to have faith and trust in our elections infrastructure that the vote that they cast will actually be counted. And this is why making sure that our elections infrastructure is impenetrable is essential. And that's the task before us here in Congress and before our elections officials. Mr. Cortes, I'd love to hear your insights regarding Virginia's decision to switch from direct recording electronic voting machines to paper ballots. What were any obstacles that you found in implementing that change? And did you see voter confidence rise once that change was made? Mr. Cortes. Congresswoman, in terms of our switch over to paper, I think the biggest obstacle that we faced was timing and the proximity to the election. We have statewide elections in Virginia every year. And so we always have very little time to implement changes. I think in this particular round of decertification, subsequent to the DEFCON reporting that came out, you know, the biggest challenges we faced were getting equipment to our State IT agency for them to test and provide us with their assessment. When it came down to the final decision about what to do with the equipment, our biggest consideration was if we had an issue--if there was some issue reported on election day, would we have the confidence to go out and tell our voters that the results from the machines were accurate, that we can confirm that? And I think ultimately, we determined, in consultation with our wonderful staff at the State IT agency, in their assessment, that we wouldn't be in a position to do that with the equipment we were using. Without that independent verification, the paper ballot, there would be no way for us to do that. And So I think that ultimately was the moment where, you know, decertification moved forward, and we decided to have paper ballots statewide for this past November. Our local election officials had less than 60 days before the election, frankly less than 2 weeks before the start of absentee voting, to deploy new equipment. They did a phenomenal job using the exceptionally limited resources that they have and working with--not only in partnership with us, but also in terms of the voting system vendors to get equipment deployed, get ballots printed, do training, do voter education, all within that window. They pulled it off successfully. And so it--you know, I give a lot of credit to our local election officials across the State for being able to do that. Ms. Gabbard. Thank you. Ms. Hennessey, I just came in here the last part of your previous statement about making sure that--I think you used the word ``impossible,'' making it so that our elections infrastructure is impossible to hack. Noting the DEFCON report that came out and the fact that it states by the end of DEFCON conference, every paperless electronic voting machine was effectively breached in some manner. Would the implementation of voting machines across the country with some form of an auditable paper record create that impossibility? Ms. Hennessey. So to clarify, I was referring to impossible to hack as a goal of sort of the deterrence by denial model. I don't know that that's achievable, although we shouldn't make perfect the enemy of the good. There's vast improvements that can be made. Certainly, we should want to move to a place in which systems are both auditable and also audited. And so not just to think about how do we ensure that, a built-in resiliency model. So in the event that there is some form of compromise, some reason to doubt the outcome, that we actually have the system in place to verify it and restore---- Ms. Gabbard. A backup. Ms. Hennessey. Right. And then also, that we actually periodically undertake those checks, right? An auditable system is effectively meaningless if we actually don't undertake the audit. Ms. Gabbard. This is such an important point. And I think, Mr. Cortes, your testimony is critical to this in answering that question of how do we ensure, with confidence, that you can answer your voters, saying that the election results are accurate. I'm working on legislation that will essentially ensure that whatever the systems the States choose to use in their elections--obviously, that is the freedom of the States to do that--that there be some form of backup in place, a paper, voter-verified backup to ensure exactly that question, and that we can all answer with confidence to voters that the election results are as a result of the votes that they cast. So I thank you all for being here today. Thank you, Mr. Chairman. RPTR FORADORI EDTR ZAMORA [4:00 p.m.] Mr. Hurd. I'm going to now recognize myself for some time. First off, Dr. Blaze, correct me if I'm wrong. I think we may have set a record here today for the number of times DEFCON has been said in a positive way. So all my hacker buddies are going to be happy about that. In Dr. Blaze and Ms. Hennessey's statements, they've talked about what I would characterize as old school ballot stuffing is one threat. But what a nation-state actor or an intelligence service would try to do, discredit an election, is another threat. And, Mr. Schedler, Secretary Schedler, the first question to you as the Secretary of State for Louisiana, it's hard to manipulate the votes in an election in your State. Is that correct? Mr. Schedler. I would say so. Mr. Hurd. Commissioner Cortes, would you agree--not for Louisiana, but for Virginia. Mr. Cortes. Yes, Mr. Chairman. Mr. Hurd. And, Dr. Blaze and Ms. Hennessey, is it still hard to stuff the ballot electronically in many of these States? Mr. Blaze. I think it's very difficult. I think the difficulty that we have is that it's very difficult to prove that it hasn't happened. Mr. Hurd. Well, sure. Sure. It's a trust issue. But when it comes to physically, because of the decentralization, because many of the vote tabulation machines are not connected to the internet, are not connected to one another because of the physical security precautions that are taken around the physical machines that Secretary Schedler talked about at the front, and many of the best practices that Mr. Krebs and his organization has promoted, it makes it hard, right. But the use case that I'm worried about is the credibility of our elections, and not being able to prove something is one of those things. And for our two secretaries of state, would you agree that the undermining of trust in our voting--in our elections is a bad thing and something we should try to fight against, Mr. Schedler? Mr. Schedler. I would absolutely agree. I alluded to that in one of my---- Mr. Hurd. Microphone, please, sir. Mr. Schedler. In all due respect, I mean, what has happened, and I think any secretary of state that would address you in all honesty is, is since the last Presidential election and all the rhetoric and all the committee reports and all the things that are going around this, if you don't think that has had a tremendously negative feeling to voters, we see it. I just got out of an election for the mayor of New Orleans, an open seat, that had a 32 percent voter turnout in Orleans Parish, and we had a statewide election special for State treasurer. When I look at the statewide overall voter turnout, 12-1/2 percent. That is absurd in this country. And I'm not going to sit here--one of my most frequently asked question is, Why, Secretary Schedler? And I could give you a litany of 10 or 15 things. One of them I know you all wouldn't want to hear. But, for certain, the rhetoric that has gone around from this past election has tremendously deterred voter confidence. And it's a balancing act for a guy like me and Mr. Cortes because we're up here trying to defend the integrity of a system---- Mr. Hurd. For sure. Mr. Schedler. --and yet it's being torn down as I speak. Mr. Hurd. Right. And that's one of the reasons to have this hearing---- Mr. Schedler. Yes, I'm respectful of that. Mr. Hurd. --is to get smart folks in a dispassionate way talking about the realities. And then how can we identify certain things that we can do together in a way to ensure that that trust is there so that we get more than 12 percent? Now, I would also say that I was at a panel in South by Southwest with a bunch of YouTube stars, and I didn't know any of the YouTube stars, but when you added all their fans together, it was almost a billion. And the woman, Ms. Lardy, who does digital stuff with a rock, said, if a movie performs poorly at the box office, do you blame movie goers or do you blame the movie? And I think in this case, a lot of times we want to blame voters when we're not providing the voters something for them to come out and purchase by pulling a lever. So that is an aside. Mr. Cortes, was there any funny business in your elections in Virginia a couple of weeks ago? Mr. Cortes. Mr. Chairman, I think we had a---- Mr. Hurd. That's a technical term too, by the way, ``funny business.'' Mr. Cortes. I believe we had a very successful election in Virginia a couple weeks ago. We actually--I'm sorry to hear that you all had a lower turnout in your statewide. We had record turnout in our statewide race for Governor, Lieutenant Governor, Attorney General, as well as our House of Delegates, and it was a very successful--we did not receive any complaints related to voting equipment, which was a first in the time that I've been there. We had a very successful day across the Commonwealth. Very few issues. You know, you always get the occasional place where they have delivered equipment to the wrong place and they may open a couple minutes late, but we had no major systemic issues that took place. Mr. Hurd. Well, touche to Virginia. And, Mr. Krebs, some specific questions here. How many cyber hygiene services over the internet--for internet-facing systems can your organization do in a calendar year? And I realize that's a--you know, you can round number--you can ballpark it for us. Mr. Krebs. That's tough because, frankly, engineeringwise, it's--I don't want to say infinity, but it's--frankly, it's very, very scalable. Mr. Hurd. So you're not concerned about the over 10,000 voting jurisdictions requesting that particular service that you feel like you'll be able to meet the need---- Mr. Krebs. No, sir, I think the challenge there would be intake, would be signing up on the legal agreement side, figuring out the IP ranges and deploying. Mr. Hurd. Good copy. How many risk and vulnerability assessments can you do in a calendar year? Mr. Krebs. That is a different question. Risk and vulnerability assessments are time and manpower limited. In terms of the number on a given year, it'd be--let me put it this way: To do one risk vulnerability assessment it takes 2 weeks. Mr. Hurd. Two weeks. Mr. Krebs. It's a week onsite and a week report drafting. What we're doing in the meantime, though---- Mr. Hurd. And you have about 130 people that are able to do this function? Mr. Krebs. I'd have to get back to you on the specific numbers on the Hurd teams, but it's--you know, we are manpower limited there, but what we--and the reason for that, and you just made my job a little bit harder with the NGT Act, but this all comes out of the same pile of assessments as Federal IT, the high-value asset. And so if we're going to do some modernization activities, congratulations, but that's going to make my job a little bit tougher. That also is the critical infrastructure community. So it's all in one---- What the critical infrastructure designation did for the election subsector is allowed me to reprioritize. So now I'm able to put any requests up at the top of the list. We just completed an RVA last week. I reviewed the product earlier this week, and it is an impressive document. I'd like to do more. We are going to continue to prioritize, upon request, these are voluntary products, but keeping in mind that a number of States have their own resources or private sector resources. So, you know, we're not looking to serve for every single State, but we are looking to reprioritize to address. Mr. Hurd. And this next question is for Secretary Schedler, Commissioner Cortes, and Mr. Krebs, and maybe Secretary Schedler, you take the first swing at this. And this is probably better--you know, this question I'm asking you of this as your former hat at NASS. And what role exactly does NIST and the HAVA Standards Board play? And maybe if--Mr. Krebs, if you're more appropriate to answer that question, you know, I'll leave it up to you all. Mr. Schedler. I mean, it certainly assists us in certification issues and some of those outlier issues that we have. But, I mean, I think it's more of a collective whole, NASS, whether it be with the Election Commission, NIST, or any of us, I mean, we collaboratively all work together. We share information through our executive director, Ms. Reynolds, here in Washington. So, I mean, I think it's a good thing. I wouldn't want to necessarily disband that, but I think it's more looking at it as a collective whole and our new partners in Homeland Security. I mean, I alluded that we were very much against critical infrastructure. We're in it. We're in a cooperative spirit. We're trying to get our security clearances done at this time and we're going to continue that. Mr. Hurd. So, Secretary, am I hearing DHS is not trying to take over? Mr. Schedler. No, sir, I don't think so. Not yet. I'll give you a call. Mr. Hurd. Please do. Please do. And are folks comfortable with the security clearance process? I know we're trying to get every secretary of state and I believe two additional---- Mr. Schedler. Yes. Mr. Hurd. --folks. And your indication is that folks are happy with that process and how it's done? Mr. Schedler. Yes, sir, we are. That's the first good step that we can share some information. Mr. Hurd. Commissioner Cortes, do you have, you know, any information to disagree with that or---- Mr. Cortes. Mr. Chairman, I think, you know, from our perspective in Virginia, having had a statewide election, we had an opportunity to work very closely with DHS throughout the year in preparation for that and really figuring out how to leverage the Federal resource offerings, along with what our State IT agency provides, as well as the Virginia National Guard. So we've worked very collaboratively with them. I think the creation of the coordinating council I think will be exceptionally helpful going forward. I think when it comes to the EAC and NIST, EAC's role in this has been--you know, hasn't been as highlighted as I think it should be. I think they've been really critical in opening up that dialogue between DHS and the elections community, as well as facilitating a lot of the meetings and interactions that have taken place. So they've been exceptionally helpful there. When it comes to NIST, I think for us, and I think going forward, you know, what we need to look at is the--you know, the NIST cybersecurity framework is something that our State IT standards are premised on and that we utilize for our voting equipment, security, and our electronic pollbook security. So those standards being there are very helpful to us and provide the level of expertise and, you know, things to look for and test against that we would not, you know, with our State resources be able to recreate on our own. So everybody's been exceptionally helpful. Mr. Hurd. That is very helpful feedback. And, Mr. Krebs, kudos to you for your leadership in that process. And maybe to anybody at this panel, why does EAC have $300 million in unspent funds? Does anybody have any unknown--none of you all sit at EAC? Would anybody like to offer a question? Mr. Schedler. They must have some of those HAVA dollars that we need. Mr. Hurd. And that's what we're trying to get at is, is there an opportunity there to reprogram some of those funds to help some of the municipalities that need to upgrade some of their systems? Mr. Schedler. Yes. And that was a tongue-in-cheek comment, because I'm on the advisory--I truly don't know---- Mr. Hurd. Can you hit the button? Mr. Schedler. I truly do not know what that balance is, and, I mean, I just--it's certainly something to look at. I think we got to look at any and all avenues of funding because we do need assistance in the State, I can assure you. Just like Federal Government, States are in budgetary issues. I know certainly Louisiana is. And at this critical point of trying to replace equipment because of some of the subject matter we're talking about here, you know, we're scrambling to try to find a way to do that, and I'm getting ready to go out on an RFP, so-- -- Mr. Hurd. Mr. Krebs, any comments? Mr. Krebs. I think what we're talking about now, and I do wish that Matt Masterson, the chairman of the EAC, was here. I met with his yesterday. I think he's in Iowa right now doing some training. EAC has been a critical partner. When DHS got into this game--it was before my time--but when we got into this game last year, it was kind of a brave new world, didn't have a relationship. EAC was critical in bridging the gap and developing relationships with Louisiana, Virginia, and the rest of the States. NIST is also a partner. I think Dr. Blaze would agree that NIST is probably reputationally unmatched in terms of cybersecurity and cryptography excellence. And they are a critical partner in standards development going forward. And then on the information sharing piece--one last thing. I do want to touch on the classified and the clearances piece. Clearances, as has been pointed out, clearances and the sharing of classified information is important, but we are, in the meantime, focusing on that declassification effort. It is critically important that we speed up that process to get it out, tear lines, all that good stuff. But in the meantime, when something truly sensitive comes in and someone doesn't have the clearance but needs to see a piece of information, I personally have the capability to authorize one-day read-ins. So we have a suite of services and tools and capabilities that we can--to make sure that our partners have the information they need. Mr. Hurd. Well, Mr. Krebs, that's why DHS is the bellybutton for information sharing with municipalities and the private sector, because I believe you're the only organization that can truly achieve need to share versus need to know, and continuing down that line is important. Dr. Blaze, when it comes to the kinds of systems, the actual vote tabulation machines, and you've talked a lot about the scan, you know, version, one of the concerns I have about some of the legislation that's being discussed is talking specifically about a type of machine versus an outcome. And is it fair to say that, based on your research and your activity, that you're saying there needs to be an artifact that can be checked in the case that a system is suspected of compromise? Mr. Blaze. That's correct. The two important properties are, first, that there be a paper artifact of the voter. Optical scan paper is an example of a system that does that. That's probably the best state-of-the-art technology that we have right now. The second property is that we have a mechanism for detecting compromise of the software that tabulates votes, and that's the risk limiting audit feature. Put together, those achieve or approach what we call strong software independence, which means that, even if the software is compromised, we still can learn the true outcome of the election. Mr. Hurd. Good copy. Ms. Hennessey, do you have anything to add to that or disagree with? Ms. Hennessey. No, I would agree with everything Dr. Blaze said. Mr. Hurd. Thank you. And my last question--and, Chairman Palmer and Ranking Member Kelly, thanks for the indulgence--is slightly outside of the bounds of the hearing topic today. But as we talk about the importance of protecting our voting systems and trying to fight this effort to erode trust in our national institutions, disinformation is the tool that hostile intelligence services are going to continue to use against us. And I would just welcome, and really, Secretary Schedler and Commissioner Cortes, what is the role of States in helping to combat disinformation, specifically when it comes around election time? And, Dr. Blaze and Ms. Hennessey, I'd welcome your thoughts. And then, Mr. Krebs, I'm going to give you 30 seconds to say whatever you want to say. Secretary Schedler. Mr. Schedler. Well, I mean, it's the old fashioned way. You get out there and you communicate with people and you get on the airwaves on radio and you get on TV and you get in the newspaper and you combat some of this. Because, I'll be honest with you, I had an individual just this morning that called me--or, excuse me, text me from the previous election, and he was convinced that our machines were connected to the school internet system, because I guess it was plugged into a plug. I don't know, but, I mean, it's those types of things in every real day of a secretary of state or an election official across the country that we combat. It's just part of the job. I will tell you, it has become on steroids in the last 24 months. Mr. Hurd. As a Member of Congress, I would say I understand those concerns. Thank you, sir. Commissioner Cortes. Mr. Cortes. Mr. Chairman, I think it's really about being open and transparent in the process and having, you know, processes in place and working as election officials to make sure voters are comfortable with the process and getting out there and combating any misinformation about how the process works. And I think our focus on transparency and doing things like post-election audits, having equipment that had some sort of verifiable backup, these are all things that we can do to provide voters assurance that they can actually see and observe and not just tell them everything's okay. We're I think at a stage with our election processes where people need to be able to understand what steps we're taking and how we're doing, you know, to make sure that things are okay, to make sure that their voting experience is a good one, and that their votes are counted accurately. Mr. Hurd. Good copy. Dr. Blaze. Mr. Blaze. So I think the most important thing, from a technology perspective, is that the voting technology allow us to refute those who say that the election was tampered with. And, unfortunately, many of the systems in use today, even if they haven't been tampered with, aren't designed in a way that allows us to do that. So I look forward to seeing a shift toward technologies that are more robust and that allow us to do meaningful recounts. Mr. Hurd. Ms. Hennessey. Ms. Hennessey. To bolster credible institutions now, and so to not--to sort of resist any temptations of partisanship so that in the event--so that there are those enduring credible voices. And the closer we get to elections, the actual election date, the higher the risk of politicization sort of infecting that process comes, which increases the importance of setting neutral standards now, both for the types of information that will be shared and also for response options. Mr. Hurd. Thank you. Final words, Mr. Krebs? Mr. Krebs. Yes, sir. I think my four co-panelists have said it quite well. A key tenet of countering information operations is shining a light on the activity. So what we have ahead of us, and we were just talking about it before the hearing today, is, we have some coordination work. We need to do some incident response planning, develop a playbook, so if something pops up on social media, Twitter, or whatever it is, we get the call, we can work to refute the information, and we can push it out through a clear trusted channel to the American people so they can retain confidence in our election systems. Mr. Hurd. Well, I want to thank all of you all for helping to shine a light on the activities that our States and the Federal Government is doing to ensure that the American people can have the trust in their elections. That's what makes this country great, is when we're faced with adversity, we all do pull together. And I appreciate you all appearing before us today and the flexibility in your travel schedules. The hearing record will remain open for 2 weeks for any member to submit a written opening statement or questions for the record. If there's no further business, without objection, the subcommittees stand adjourned. [Whereupon, at 4:20 p.m., the subcommittees adjourned.] APPENDIX ---------- Material Submitted for the Hearing Record [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]