IB
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 accredita-
tion, 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 Tech-
nology Act to ensure the usability, accuracy, integrity,
and security of United States voting products and sys-
tems through the development of voluntary consensus
standards, the provision of technical assistance, and lab-
oratory accreditation, 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.
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 per-
formance-based standards and conformance specifica-
tions; and
(2) the term ‘‘voting products and systems’’ in-
cludes products and systems relating to every stage of
the voting process, from voter registration through re-
counts 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 integ-
rity of United States voting products and systems.
(2) MEMBERSHIP.—The Commission shall con-
sist 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 As-
sociation of State Election Directors, selected by
that association, one Republican and one Demo-
crat;
(C) one representative of the American Na-
tional Standards Institute, selected by that insti-
tute; 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 subpara-
graph (B), (C), or (D) of this paragraph, each mem-
ber 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 para-
graph (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 expira-
tion of the term for which the member’s predecessor
was appointed shall be appointed only for the re-
mainder 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 re-
ceive 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 para-
graph (2)(D), before all members of the Commission
have been appointed. Nine members of the Commis-
sion shall constitute a quorum.
even-numbered year, and shall determine whether new
or updated voluntary technical standards are nec-
essary to ensure the usability, accuracy, security, and
integrity of United States voting products and sys-
tems. 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 deci-
sion, 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 Com-
mission. The National Institute of Standards and Tech-
nology shall make an effort to accredit at least one minor-
ity-owned laboratory.
SEC. 5. INFORMATION DISSEMINATION.
The National Institute of Standards and Technology,
after consultation with the Commission, shall—
(1) disseminate voluntary technical standards es-
tablished under section 3(b), other relevant technical
information, guidelines for usage of the voluntary
technical standards, and any other information ap-
propriate to assist in the implementation of the vol-
untary technical standards;
(2) maintain and make available a list of lab-
oratories 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 vol-
untary technical standards established under section 3(b)
for voting products and systems, including research and de-
velopment 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 vot-
ing.
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 ac-
cess 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 imple-
menting voluntary technical standards established
under section 3(b), and makes recommendations on
how best to address that demand;
(3) makes recommendations for methods of pro-
moting 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 op-
eration 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 accu-
racy 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 develop-
ment 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 or-
dered to be printed