119-hr5407

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5407 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5407

To require certain States to submit a continuity of operations plan for 
elections in the event of a major disaster, to require the Comptroller 
 General of the United States to report on assistance for election 
 administration in the event of a major disaster, and to require the 
Election Assistance Commission to award grants to strengthen elections 
 against climate change-driven disasters, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 16, 2025

 Mr. Morelle (for himself, Ms. Sewell, Mrs. Torres of California, and 
Ms. Johnson of Texas) introduced the following bill; which was referred 
 to the Committee on House Administration

_______________________________________________________________________

 A BILL

To require certain States to submit a continuity of operations plan for 
elections in the event of a major disaster, to require the Comptroller 
 General of the United States to report on assistance for election 
 administration in the event of a major disaster, and to require the 
Election Assistance Commission to award grants to strengthen elections 
 against climate change-driven disasters, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Climate Resilient Elections Act''.

SEC. 2. FINDINGS.

 Congress makes the following findings:

    (1) In January 2017, the Department of Homeland Security 
 determined that the Nation's election infrastructure qualifies 
 as critical infrastructure for national security purposes.

    (2) According to the Department of Homeland Security, 
 ``[t]his designation recognizes that the United States' 
 election infrastructure is of such vital importance to the 
 American way of life that its incapacitation or destruction 
 would have a devastating effect on the country''.

    (3) Election administration consistently faces substantial 
 threats because of severe natural disasters. Delayed elections 
 or damaged or destroyed polling places, voting machines, 
 ballots, or transportation and utility infrastructure may 
 disenfranchise voters, undermine confidence in elections, or 
 even alter election outcomes.

    (4) Hurricane Sandy made landfall in New York and New 
 Jersey just days before the 2012 presidential election, 
 displacing as many as 776,000 residents and causing 
 unprecedented election administration challenges. The 
 jurisdictions most affected by Hurricane Sandy saw 
 significantly worse voter turnout in the 2012 presidential 
 election than those unaffected by the storm.

    (5) In 2016, California experienced 12 major fires in the 
 three months leading up to Election Day. In 2018, the State 
 experienced 15 major fires leading up to Election Day. These 
 fires displaced voters, burned residences, and damaged polling 
 stations. Climate change has extended wildfire season in the 
 American west into the late Fall: On November 8, 2018, just two 
 days after Election Day, the Camp Fire ignited, eventually 
 claiming 85 lives and destroying over 18,000 structures--the 
 deadliest fire in California history. Evacuation orders because 
 of wildfires displace hundreds of thousands of voters each 
 year, well into the days leading up to the election.

    (6) In 2018, Hurricane Michael hit the Florida panhandle 
 just 27 days before the midterm elections, causing at least 16 
 deaths, damaging or destroying an estimated 40,000 homes, and 
 resulting in approximately $25 billion in damages. The 
 destruction displaced tens of thousands of voters and forced 
 the closure of polling places, significantly depressing turnout 
 amongst voters recovering from the hurricane who were forced to 
 travel longer distances to cast a ballot.

    (7) In 2021, Hurricane Ida forced the Governor of Louisiana 
 to delay several elections, scheduled for October, and relocate 
 and consolidate polling places due to devastating damage. In 
 the hardest hit parts of the State, some voters had to cast 
 their ballots in large tents because of the significant damage.

    (8) In 2022, voters in Kentucky displaced by tornadoes that 
 ravaged the State in the months leading up to the primary 
 election had to vote absentee in order to cast a ballot in 
 their home counties.

    (9) Hurricane Helene caused significant damage and 
 devastation throughout the southeastern United States--
 particularly in Florida, Georgia, North Carolina, South 
 Carolina, Tennessee, and Virginia--when it made landfall in 
 September 2024. The hurricane's destruction was extreme, 
 occurring during the early and mail voting period for the 
 November 2024 elections and displacing thousands while 
 disrupting mail services for countless voters who rely on the 
 United States Postal Service to cast a ballot.

    (10) Hurricane Milton caused billions of dollars in damage, 
 spawned numerous deadly tornadoes, and displaced countless 
 voters less than a month before the November 2024 elections.

    (11) The United States Election Assistance Commission has 
 published a web page on contingency planning to help election 
 officials prepare for unexpected circumstances, including 
 natural and other disasters.

    (12) The United States Forest Service has declared that 
 ``[i]n the past 20 years, many States have had record 
 catastrophic wildfires, harming people, communities and natural 
 resources and causing billions of dollars in damage. In running 
 5-year average number of structures destroyed by wildfires each 
 year rose from 2,873 in 2014 to 12,255 in 2020--a fourfold 
 increase in just six years''. As these trends continue, the 
 impacts of climate change on American lives and American 
 infrastructure will grow.

    (13) The National Oceanic and Atmospheric Administration 
 has cautioned that ``extreme weather events [caused by climate 
 change] that bring heavy rains, floods, wind, snow, or 
 temperature changes can stress existing structures and 
 facilities. Increased temperatures require more indoor cooling, 
 which can put stress on an energy grid. Sudden heavy rainfall 
 can lead to flooding that shuts down highways and major 
 business areas''. Each of these factors may strain election 
 infrastructure if they occur during a voting period.

    (14) The Department of Defense has declared that ``[r]ising 
 temperatures, changing precipitation patterns, and more 
 frequent, extreme, and unpredictable weather conditions caused 
 by climate change are worsening existing security risks and 
 creating new challenges for the United States''. These security 
 risks and challenges are amplified when they threaten the 
 elections that form the bedrock of our Republic.

    (15) The Department of Energy has noted that ``severe 
 weather--the leading cause of power outages and fuel supply 
 disruption in the United States--is projected to worsen, with 
 eight of the 10 most destructive hurricanes of all time having 
 happened in the last 10 years''. The catastrophic effects of 
 severe weather threaten the sanctity of American elections, and 
 we must ensure that our election systems are prepared for 
 worsening climate change-based weather events.

    (16) The Department of the Interior has clarified that 
 ``the climate crisis disproportionately affects underserved 
 communities''. These communities already face significant 
 barriers to the ballot.

    (17) President Trump's budget request proposes the 
 elimination of the Election Security Grants funding program 
 that supports State and local election administration, in 
 addition to drastic cuts to the Election Assistance 
 Commission--cuts that would harm States' ability to conduct 
 secure, safe, and fair elections in the face of natural 
 disasters.

    (18) It is incumbent upon election administrators 
 nationwide to ensure the resiliency of our elections--and 
 through our elections, our very democracy--in the face of the 
 worsening climate crisis.

SEC. 3. ENSURING ELECTION ADMINISTRATORS PREPARE AND RETAIN CONTINUITY 
 OF OPERATIONS PLANS FOR USE IN THE EVENT OF DISASTER.

    (a) Requirement.--Title IX of the Help America Vote Act of 2002 (52 
U.S.C. 21141 et seq.) is amended by adding at the end the following:

``

SEC. 907. CONTINUITY OF OPERATIONS PLAN REQUIREMENT.

 ``

    (a) In General.--Each State that receives a grant or other 
payment under this Act after the date of the enactment of this 
section--
 ``

    (1) shall, not later than September 30, 2028, submit to 
 the Commission a continuity of operations plan to ensure the 
 successful administration of elections in the event of 
 disaster, accounting for the disasters most likely to occur in 
 the jurisdiction of such recipient, including a major disaster 
 (as defined in 

section 102 of the Robert T. Stafford Disaster 
 Relief and Emergency Assistance Act (42 U.S.C. 5122));
 ``

    (2) shall, not later than September 30, 2033, and not 
 less frequently than every 5 years thereafter until September 
 30, 2043, update such plan to reflect evolving risks or 
 changing conditions and promptly submit the updated version of 
 such plan to the Commission;
 ``

    (3) may, after September 30, 2043, update such plan to 
 reflect evolving risks or changing conditions and submit the 
 updated version of such plan to the Commission;
 ``

    (4) shall retain each plan submitted under paragraph

    (1) ,

    (2) , or

    (3) until the date that is 5 years after the date such 
 plan was submitted to the Commission; and
 ``

    (5) may coordinate with the Commission, other States, 
 Tribal governments, units of local government, or other 
 resources or entities when preparing such plan.
 ``

    (b) Publication.--The Commission shall disseminate to the public 
(through the internet, published reports, and other methods the 
Commission considers appropriate) any continuity of operations plan 
received pursuant to this section, except that no information so 
disseminated may expose personally identifiable information or endanger 
national security, public infrastructure, or public safety.''.

    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to 

section 906 the 
following new item:

``

Sec. 907. Continuity of operations plan requirement.''.

SEC. 4. REPORT ON VOTER REGISTRATION AND FEDERAL ASSISTANCE FOR 
 ELECTION ADMINISTRATION IN THE EVENT OF A MAJOR DISASTER.

    (a) In General.--The Comptroller General of the United States shall 
conduct--

    (1) an analysis of the effect of natural disasters on voter 
 registration rates in areas affected by such disasters;

    (2) an analysis of ways that the Federal Government may 
 better assist States and units of local government in the 
 administration of elections in the event of a covered major 
 disaster, including the ways existing Federal resources in 
 regions potentially affected by such a covered major disaster 
 that are not allocated to life-saving or national security 
 measures should be engaged to support election infrastructure; 
 and

    (3) a study of legislative authorizations, if any are 
 needed, that Congress may consider to ensure the efficient and 
 effective deployment of emergency resources to support election 
 infrastructure in the event that the President declares a 
 covered major disaster.

    (b) Report.--Not later than September 30, 2026, the Comptroller 
General shall submit to the Committee on House Administration of the 
House of Representatives and the Committee on Rules and Administration 
of the Senate a report on the analysis and study required under 
subsection

    (a) .
            (c) Limitation on Authority.--No provision of this Act may be 
construed to authorize any power of the Federal Government to seize or 
hold any ballot or voting machine.

SEC. 5. GRANTS FOR STRENGTHENING AMERICAN ELECTIONS AGAINST CLIMATE 
 CHANGE-DRIVEN DISASTERS.

    (a) In General.--The Election Assistance Commission shall make 
grants to assist States in strengthening the resiliency of State voting 
systems against potential covered major disasters to improve the 
quality, reliability, accuracy, accessibility, affordability, and 
security of voting equipment, election systems, and voting technology.

    (b) Use of Funds.--A State shall use the funds provided under a 
grant made under this section to carry out one or more of the following 
activities:

    (1) Improving the administration of elections for Federal 
 office with specific regard to disaster preparedness.

    (2) Educating voters concerning State plans for election 
 administration during or immediately after a covered major 
 disaster.

    (3) Training election officials, poll workers, and election 
 volunteers with respect to disaster preparedness.

    (4) Developing or publishing the continuity of operation 
 plan required by 

section 3 of this Act.

    (5) Improving, acquiring, leasing, modifying, or replacing 
 voting systems and technology and methods for casting and 
 counting votes, provided that such improvements, acquisitions, 
 leases, modifications, or replacements will enhance the 
 resiliency of a Federal election in the State.

    (6) Establishing or modifying a toll-free hotline that 
 voters may use to obtain information on how and where to vote 
 in the event of a covered major disaster.
            (c) Limitation.--A State may not use the funds provided under a 
grant made under this section--

    (1) to pay the costs associated with any litigation, except 
 to the extend that such costs otherwise constitute permitted 
 uses of a grant under this section;

    (2) for the payment of any judgment; or

    (3) for any use that would violate a State or Federal court 
 order.
            (d) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--

    (1) $20,000,000 for fiscal year 2026;

    (2) $20,000,000 for fiscal year 2027;

    (3) $20,000,000 for fiscal year 2028;

    (4) $20,000,000 for fiscal year 2029; and

    (5) $20,000,000 for fiscal year 2030.

SEC. 6. DEFINITIONS.

 In this Act:

    (1) Covered major disaster.--The term ``covered major 
 disaster'' means a major disaster declared by the President 
 during the voting period of a Federal election pursuant to 
 

section 401 of the Robert T. Stafford Disaster Relief and 
 Emergency Assistance Act (42 U.S.C. 5170) in response to--
        (A) a natural catastrophe, including hurricane, 
 tornado, storm, high water, wind-driven water, tidal 
 wave, tsunami, earthquake, volcanic eruption, 
 landslide, mudslide, snowstorm, extreme heat, and 
 drought;
        (B) a fire, flood, or explosion, regardless of 
 cause; or
            (C) an act of terrorism.

    (2) State.--The term ``State'' has the meaning given such 
 term in 

section 901 of the Help America Vote Act of 2002 (52 
 U.S.C. 21141).
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