I 
113TH CONGRESS 
1ST SESSION H. R. 2017 
To amend the Help America Vote Act of 2002 to improve the operations 
of the Election Assistance Commission, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 16, 2013 
Mr. BRADY of Pennsylvania (for himself, Ms. LOFGREN, and Mr. VARGAS) in-
troduced the following bill; which was referred to the Committee on 
House Administration 
A BILL 
To amend the Help America Vote Act of 2002 to improve 
the operations of the Election Assistance Commission, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘EAC Improvements Act of 2013’’. 
(b) FINDINGS.—Congress finds the following: 
(1) The elections for Federal office which were 
held in November 2012 were plagued with a number 
of serious problems, including— 
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(A) long lines at polling places; 
(B) poll workers who were trained inad-
equately; 
(C) the reduction of hours for early voting; 
and 
(D) the imposition of practices which re-
stricted eligible individuals from voting, such as 
requirements to produce photo identification. 
(2) At the time these problems were developing, 
the Election Assistance Commission, an agency of 
the Federal Government which was established to 
assist the States in the administration of elections, 
lacked a quorum in its membership and therefore 
could not meet, appoint an executive director or gen-
eral counsel, or otherwise take any actions to pre-
vent these problems from occurring. 
(3) The inability of the Commission to carry 
out its duties meant that it could not convene its 
Standards Board, a collection of State and local 
election officials with the authority to review guide-
lines for the voluntary standards applicable to the 
voting systems used to administer these elections 
and to make recommendations for best practices for 
election administration. 
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(4) The inability of the Commission to carry 
out its duties meant that no new laboratories could 
be certified to develop and test the equipment used 
in these elections. 
(5) The Election Assistance Commission should 
be allowed to investigate fully the problems which 
plagued the elections held in November 2012 and to 
develop solutions. 
(6) The Election Assistance Commission should 
be given the tools it needs to carry out its mission 
in a manner immune from illogic and partisan bick-
ering, so that it can provide States and others in-
volved in the administration of elections with the 
guidance that will enable them to provide each cit-
izen who wishes to participate in the electoral proc-
ess the ability to do so. 
(7) The Election Assistance Commission should 
be permitted to provide to taxpayers and election of-
ficials accurate information on the voting equipment 
used to administer elections and to hold the vendors 
of such equipment accountable for any problems that 
may arise with its use. 
SEC. 2. REAUTHORIZATION OF COMMISSION. 
(a) REAUTHORIZATION.—Section 210 of the Help 
America Vote Act of 2002 (42 U.S.C. 15330) is amended 
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by striking ‘‘for each of the fiscal years 2003 through 
2005’’ and inserting ‘‘for each of the fiscal years 2014 
through 2018’’. 
(b) TREATMENT OF COMMISSION IN SAME MANNER 
AS FEDERAL ELECTION COMMISSION FOR PURPOSES OF 
PAPERWORK REDUCTION ACT.—Section 3502(1) of title 
44, United States Code, is amended— 
(1) by redesignating subparagraphs (B), (C), 
and (D) as subparagraphs (C), (D), and (E); and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) the Election Assistance Commis-
sion;’’. 
SEC. 3. REQUIRING STATES TO PARTICIPATE IN POST-GEN-
ERAL ELECTION SURVEYS. 
(a) REQUIREMENT.—Title III of the Help America 
Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended 
by inserting after section 303 the following new section: 
‘‘SEC. 303A. REQUIRING PARTICIPATION IN POST-GENERAL 
ELECTION SURVEYS. 
‘‘(a) REQUIREMENT.—Each State shall furnish to the 
Commission such information as the Commission may re-
quest for purposes of conducting any post-election survey 
of the States with respect to the administration of a regu-
larly scheduled general election for Federal office. 
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‘‘(b) EFFECTIVE DATE.—This section shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2014 and any succeeding 
election.’’. 
(b) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—Section 401 of such Act (42 U.S.C. 15511) 
is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 
303A’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by inserting after the item relating 
to section 303 the following new item: 
‘‘Sec. 303A. Requiring participation in post-general election surveys.’’. 
SEC. 4. DETERMINING EXTENT TO WHICH DISABLED INDI-
VIDUALS HAVE ACCESS TO POLLING PLACES. 
(a) ONGOING
SURVEYS
OF
COMPLIANCE
WITH 
ADA.—In accordance with section 241 of the Help Amer-
ica Vote Act of 2002 (42 U.S.C. 15381), not later than 
180 days after the date of the regularly scheduled general 
election for Federal office held in November 2014 and 
each succeeding regularly scheduled general election for 
Federal office, the Election Assistance Commission, shall, 
with the assistance of the Comptroller General, conduct 
and publish a survey of each polling place used for the 
election to determine the percentage of such polling places 
that were in compliance with the standards applicable to 
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such locations under the Americans With Disabilities Act 
of 1990. 
(b) EVALUATION
OF NEED TO CONTINUE SUR-
VEYS.—At the time the Election Assistance Commission 
publishes the results of the survey conducted under sub-
section (a) with respect to the regularly scheduled general 
election for Federal office held in November 2022, the 
Commission shall evaluate and make a recommendation 
to Congress regarding whether the percentage of polling 
places in compliance with the standards applicable to such 
locations under the Americans With Disabilities Act of 
1990 has increased to such an extent that there is no 
longer a need to conduct surveys under subsection (a) with 
respect to subsequent elections. 
SEC. 
5. 
ESTABLISHMENT 
OF 
PROCEDURES 
AND 
FEE 
SCHEDULES FOR CONDUCTING TESTING OF 
VOTING EQUIPMENT HARDWARE AND SOFT-
WARE; PAYMENT OF USER FEES FOR COM-
PENSATION OF ACCREDITED LABORATORIES. 
(a) IN GENERAL.—Section 231(b) of the Help Amer-
ica Vote Act of 2002 (42 U.S.C. 15371(b)) is amended 
by adding at the end the following new paragraphs: 
‘‘(3) PROCEDURES FOR CONDUCTING TESTING; 
PAYMENT OF USER FEES FOR COMPENSATION OF 
ACCREDITED LABORATORIES.— 
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‘‘(A) ESTABLISHMENT
OF
ESCROW
AC-
COUNT.—The Commission shall establish an es-
crow account (to be known as the ‘Testing Es-
crow Account’) that will serve as the exclusive 
source for making payments to accredited lab-
oratories for the costs of the testing carried out 
in connection with the certification, decertifica-
tion, and recertification of voting system hard-
ware and software. 
‘‘(B) SCHEDULE OF FEES.—In consulta-
tion with the accredited laboratories, the Com-
mission shall establish and regularly update a 
schedule of fees for the testing carried out in 
connection with the certification, decertification, 
and recertification of voting system hardware 
and software, based on the reasonable costs ex-
pected to be incurred by the accredited labora-
tories in carrying out the testing for various 
types of hardware and software. 
‘‘(C) REQUESTS AND PAYMENTS BY MANU-
FACTURERS.—A manufacturer of voting system 
hardware and software may not have the hard-
ware or software tested by an accredited labora-
tory under this section unless— 
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‘‘(i) the manufacturer submits a de-
tailed request for the testing to the Com-
mission; 
‘‘(ii) the request provides sufficient in-
formation for the Commission to determine 
the applicable fee for the testing under the 
schedule established and in effect under 
subparagraph (B); 
‘‘(iii) the Commission approves the re-
quest; and 
‘‘(iv) the manufacturer pays to the 
Commission, for deposit into the Testing 
Escrow Account established under sub-
paragraph (A), the applicable fee for the 
testing. 
‘‘(D) SELECTION OF LABORATORY.—Upon 
approving a request for testing and receiving 
the payment from a manufacturer required 
under subparagraph (C), the Commission shall 
select at random (to the greatest extent prac-
ticable), from all laboratories which are accred-
ited under this section to carry out the specific 
testing requested by the manufacturer, an ac-
credited laboratory to carry out the testing. 
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‘‘(E) PAYMENTS
TO
LABORATORIES.— 
Upon determining that a laboratory selected to 
carry out testing pursuant to subparagraph (D) 
has completed the testing in accordance with 
the approved request, the Commission shall 
make a payment to the laboratory from the 
Testing Escrow Account established under sub-
paragraph (A) in an amount equal to the appli-
cable fee paid by the manufacturer under sub-
paragraph (C)(iv). 
‘‘(4) DISSEMINATION OF ADDITIONAL INFORMA-
TION ON ACCREDITED LABORATORIES.— 
‘‘(A) 
LIST
OF
ACCREDITED
LABORA-
TORIES.—The Commission shall maintain and 
publish an updated list of all accredited labora-
tories under this section. 
‘‘(B) INFORMATION ON STATUS OF LAB-
ORATORIES.—In addition to updating the list 
maintained and published under subparagraph 
(A), the Commission shall promptly notify Con-
gress, the chief State election official of each 
State, and the public whenever— 
‘‘(i) the Commission revokes, termi-
nates, or suspends the accreditation of a 
laboratory under this section; 
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‘‘(ii) the Commission restores the ac-
creditation of a laboratory under this sec-
tion which has been revoked, terminated, 
or suspended; or 
‘‘(iii) the Commission has credible evi-
dence of a significant security failure at an 
accredited laboratory. 
‘‘(C) INFORMATION
ON
TESTING.—Upon 
completion of the testing of a voting system 
under this section, the Commission shall 
promptly disseminate to the public the identi-
fication of the laboratory which carried out the 
testing.’’. 
(b) CONFORMING AMENDMENTS.—Section 231 of 
such Act (42 U.S.C. 15371) is further amended— 
(1) in subsection (a)(1), by striking ‘‘testing, 
certification,’’ and all that follows and inserting the 
following: ‘‘testing of voting system hardware and 
software by accredited laboratories in connection 
with the certification, decertification, and recertifi-
cation of the hardware and software for purposes of 
this Act.’’; 
(2) in subsection (a)(2), by striking ‘‘testing, 
certification,’’ and all that follows and inserting the 
following: ‘‘testing of its voting system hardware and 
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software by the laboratories accredited by the Com-
mission under this section in connection with certi-
fying, decertifying, and recertifying the hardware 
and software.’’; 
(3) in subsection (b)(1), by striking ‘‘testing, 
certification, decertification, and recertification’’ and 
inserting ‘‘testing’’; and 
(4) in subsection (d), by striking ‘‘testing, cer-
tification, decertification, and recertification’’ each 
place it appears and inserting ‘‘testing’’. 
(c) DEADLINE FOR ESTABLISHMENT OF ESCROW AC-
COUNT AND SCHEDULE OF FEES.—The Election Assist-
ance Commission shall establish the Testing Escrow Ac-
count and schedule of fees described in section 231(b)(3) 
of the Help America Vote Act of 2002 (as added by sub-
section (a)) not later than January 1, 2014. 
SEC. 6. STUDY OF METHODS TO REDUCE COSTS OF ADMIN-
ISTERING ELECTIONS. 
(a) ANALYSIS OF FACTORS AFFECTING COSTS OF 
ADMINISTERING ELECTIONS.—The Election Assistance 
Commission shall conduct a study analyzing various fac-
tors that affect the costs to States and units of local gov-
ernment of administering elections for Federal office, in-
cluding the following specific factors: 
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(1) The durability of the equipment used in vot-
ing systems. 
(2) The extent to which States and units of 
local government must replace existing systems be-
cause such systems are not capable of using en-
hanced software or are not capable of being up-
graded in a cost-effective manner. 
(3) The lack of competition among vendors and 
manufacturers of the equipment used in voting sys-
tems because of consolidation in the voting system 
industry. 
(b) RECOMMENDATIONS
FOR STEPS TO REDUCE 
COSTS.—The Commission shall include in the study con-
ducted under this section such recommendations as the 
Commission shall consider appropriate to reduce the costs 
incurred by States and units of local government in ad-
ministering elections for Federal office, including rec-
ommendations for legislative action by Congress or the 
States. 
(c) DEADLINE.—Not later than 180 days after the 
date of the enactment of this Act, the Commission shall 
submit the study conducted under this section to Con-
gress. 
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SEC. 7. STUDY OF METHODS FOR INCREASING EFFICIENCY 
AND COST-EFFECTIVENESS OF ELECTION AS-
SISTANCE COMMISSION. 
(a) STUDY.—The Comptroller General shall conduct 
a study of the administrative operations of the Election 
Assistance Commission, and shall include in the study an 
analysis of various methods for increasing the efficiency 
and cost-effectiveness of such operations. 
(b) DEADLINE; REPORT.—Not later than 90 days 
after the date of the enactment of this Act, the Comp-
troller General shall submit to Congress a report on the 
study conducted under subsection (a), and shall include 
in the report such recommendations as the Comptroller 
General considers appropriate. 
(c) PARTICIPATION OF ELECTION ASSISTANCE COM-
MISSION.—The Election Assistance Commission shall pro-
vide the Comptroller General with such assistance as the 
Comptroller General may require to carry out this section. 
Æ 
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