2000
<PRE>[DOCID: f:h2275rh.txt]





                                                 Union Calendar No. 158
107th CONGRESS
  1st Session
                                H. R. 2275

                          [Report No. 107-263]

  To amend the National Institute of Standards and Technology Act to 
   ensure the usability, accuracy, integrity, and security of United 
States voting products and systems through the development of voluntary 
    consensus standards, the provision of technical assistance, and 
           laboratory accreditation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2001

Mr. Ehlers (for himself and Mr. Barcia) introduced the following bill; 
             which was referred to the Committee on Science

                            October 31, 2001

 Additional sponsors: Mr. Lampson, Mr. Udall of Colorado, Mr. Hall of 
Texas, Mr. Baird, Ms. Rivers, Mr. Gordon, Mr. Shays, Mrs. Morella, Mr. 
                         Boehlert, and Ms. Hart

                            October 31, 2001

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               21, 2001]

_______________________________________________________________________

                                 A BILL


 
  To amend the National Institute of Standards and Technology Act to 
   ensure the usability, accuracy, integrity, and security of United 
States voting products and systems through the development of voluntary 
    consensus standards, the provision of technical assistance, and 
           laboratory accreditation, 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 ``Voting Technology Standards Act of 
2001''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``technical standards'' means performance-
        based standards and conformance specifications; and
            (2) the term ``voting products and systems'' includes 
        products and systems relating to every stage of the voting 
        process, from voter registration through recounts and 
        archiving.

SEC. 3. VOTING TECHNOLOGY STANDARDS.

    (a) Commission.--
            (1) Establishment.--There is established a commission to 
        develop voluntary technical standards to ensure the usability, 
        accuracy, security, and integrity of United States voting 
        products and systems.
            (2) Membership.--The Commission shall consist of--
                    (A) the Director of the National Institute of 
                Standards and Technology, who shall serve as the chair 
                of the Commission;
                    (B) two representatives of the National Association 
                of State Election Directors, selected by that 
                association, one Republican and one Democrat;
                    (C) one representative of the American National 
                Standards Institute, selected by that institute; and
                    (D) nine additional members selected by the members 
                described in subparagraphs (A) through (C) by unanimous 
                vote, of which at least two shall be local election 
                officials;
            (3) Terms.--(A) Except as provided in subparagraph (B), 
        (C), or (D) of this paragraph, each member selected under 
        paragraph (2)(B), (C), or (D) shall serve a term of 6 years.
            (B) Four of the members initially appointed under paragraph 
        (2)(D) shall be appointed for an initial term of 3 years.
            (C) The members initially appointed under paragraph (2)(B) 
        shall be appointed for an initial term of 4 years.
            (D) The member initially appointed under paragraph (2)(C) 
        shall be appointed for an initial term of 5 years.
            (E) Members may serve for more than 1 term, but not more 
        than 3 terms.
            (F) Any member appointed under paragraph (2)(D) to fill a 
        vacancy occurring before the expiration of the term for which 
        the member's predecessor was appointed shall be appointed only 
        for the remainder of that term. A member may serve after the 
        expiration of that member's term until a successor has taken 
        office, but not more than 1 year. A vacancy in the Commission 
        shall be filled in the manner in which the original appointment 
        was made.
            (4) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.
            (5) Quorum.--The Commission shall conduct no business, 
        other than appointing members under paragraph (2)(D), before 
        all members of the Commission have been appointed. Nine members 
        of the Commission shall constitute a quorum.
            (6) Administrative and technical support.--Upon the request 
        of the Commission, the Director of the National Institute of 
        Standards and Technology shall provide to the Commission the 
        ad- ministrative and technical support necessary for the 
Commission to carry out its responsibilities under this Act.
    (b) Development of Voluntary Technical Standards.--
            (1) Procedures.--Not later than 90 days after the date of 
        the enactment of this Act, the Commission shall publish in the 
        Federal Register a description of the procedures it will use to 
        establish voluntary technical standards under this subsection, 
        along with a list of the members of the Commission.
            (2) Establishment of voluntary technical standards.--Not 
        later than 9 months after the date of the enactment of this 
        Act, the Commission shall establish, and publish in the Federal 
        Register, such voluntary technical standards as are necessary 
        to ensure the usability, accuracy, security, and integrity of 
        United States voting products and systems.
            (3) Review and update.--The Commission shall review the 
        voluntary technical standards established under this subsection 
        at the conclusion of every even-numbered year, and shall 
        determine whether new or updated voluntary technical standards 
        are necessary to ensure the usability, accuracy, security, and 
        integrity of United States voting products and systems. If the 
        Commission determines that such new or updated voluntary 
        technical standards are necessary, the Commission shall publish 
        in the Federal Register the findings of its review, an 
        explanation for its decision, and the new or updated voluntary 
        technical standards.

SEC. 4. LABORATORY ACCREDITATION.

    Not later than 6 months after the initial publication of voluntary 
technical standards established under section 3(b)(2), the National 
Institute of Standards and Technology shall accredit independent, non-
Federal laboratories to test and certify that voting products and 
systems conform with the voluntary technical standards established by 
the Commission. The National Institute of Standards and Technology 
shall make an effort to accredit at least one minority-owned 
laboratory.

SEC. 5. INFORMATION DISSEMINATION.

    The National Institute of Standards and Technology, after 
consultation with the Commission, shall--
            (1) disseminate voluntary technical standards established 
        under section 3(b), other relevant technical information, 
        guidelines for usage of the voluntary technical st
1121
andards, and 
        any other information appropriate to assist in the 
        implementation of the voluntary technical standards;
            (2) maintain and make available a list of laboratories 
        accredited under section 4; and
            (3) maintain and make available, including through the 
        Internet, a list of United States voting products and systems 
        that have been certified by a laboratory accredited under 
        section 4 to conform with the voluntary technical standards 
        established by the Commission.

SEC. 6. RESEARCH AND DEVELOPMENT PROGRAM.

    The Director of the National Institute of Standards and Technology 
shall establish a program for research and development in areas to 
support the development of voluntary technical standards established 
under section 3(b) for voting products and systems, including research 
and development on--
            (1) the security of computers, computer networks, and 
        computer data storage used in voting products and systems, 
        including methods to detect and prevent fraud;
            (2) protection of voter privacy;
            (3) human factors in the design and application of voting 
        products and systems, including assistive technologies for 
        persons with disabilities and varying levels of literacy; and
            (4) remote access voting, including Internet voting.

SEC. 7. REPORTS TO CONGRESS.

    (a) One-Year Report.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall transmit to the Congress a 
report that--
            (1) assesses the areas of human factors research, including 
        usability engineering and human-computer and human-machine 
        interaction, that feasibly could be applied to voting products 
        and systems design to ensure the usability and accuracy of 
        United States voting products and systems, including to improve 
        access by the disabled and to reduce voter error and the number 
        of spoiled ballots in elections;
            (2) assesses the potential demand by State and local 
        governments for technical assistance in implementing voluntary 
        technical standards established under section 3(b), and makes 
        recommendations on how best to address that demand;
            (3) makes recommendations for methods of promoting the 
        implementation of voluntary technical standards established 
        under section 3(b); and
            (4) assesses the need for a grant program or other 
        mechanism to ensure the accreditation and operation of a 
        sufficient number of laboratories to test and certify voting 
        products and systems.
    (b) Ten-Year Report.--Not later than 10 years after the date of the 
enactment of this Act, the Commission shall transmit to the Congress a 
report that--
            (1) identifies the States that have voluntarily complied 
        with standards established pursuant to this Act; and
            (2) assesses the impact of this Act on the accuracy of vote 
        tabulation.
          Amend the title so as to read: ``A bill to ensure the 
        usability, accuracy, integrity, and security of United States 
        voting products and systems through the development of 
        voluntary consensus standards, the provision of technical 
        assistance, and laboratory accreditation, and for other 
        purposes.''.




                                                 Union Calendar No. 158

107th CONGRESS

  1st Session

                               H. R. 2275

                          [Report No. 107-263]

_______________________________________________________________________

                                 A BILL

  To amend the National Institute of Standards and Technology Act to 
   ensure the usability, accuracy, integrity, and security of United 
States voting products and systems through the development of voluntary 
    consensus standards, the provision of technical assistance, and 
           laboratory accreditation, and for other purposes.

_______________________________________________________________________

                            October 31, 2001

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed

0