Standards Related Provisions of the Help American Vote Act of 2002 PL 107-252 

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PART 3--TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE 

SEC. 221. <<NOTE: 42 USC 15361.>> TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE. 

(a) Establishment.--There is hereby established the Technical Guidelines Development Committee (hereafter in this part referred to as the ``Development Committee''). 

(b) Duties.-- (1) In general.--The Development Committee shall assist the Executive Director of the Commission in the development of the voluntary voting system guidelines. (2) Deadline for initial set of recommendations.--The Development Committee shall provide its first set of recommendations under this section to the Executive Director of the Commission not later than 9 months after all of its members have been appointed. 

(c) Membership.-- (1) In general.--The Development Committee shall be composed of the Director of the National Institute of Standards and Technology (who shall serve as its chair), together with a group of 14 other individuals appointed jointly by the Commission and the Director of the National Institute of Standards and Technology, consisting of the following: (A) An equal number of each of the following: (i) Members of the Standards Board. (ii) Members of the Board of Advisors. (iii) Members of the Architectural and Transportation Barrier Compliance Board under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). (B) A representative of the American National Standards Institute. (C) A representative of the Institute of Electrical and Electronics Engineers. (D) Two representatives of the National Association of State Election Directors selected by such Association who are not members of the Standards Board or Board of Advisors, and who are not of the same political party. (E) Other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2) Quorum.--A majority of the members of the Development Committee shall constitute a quorum, except that the Development Committee may not conduct any business prior to the appointment of all of its members. 

(d) No Compensation for Service.--Members of the Development Committee shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies [[Page 116 STAT. 1683]] under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Development Committee. 

(e) Technical Support From National Institute of Standards and Technology.-- (1) In general.--At the request of the Development Committee, the Director of the National Institute of Standards and Technology shall provide the Development Committee with technical support necessary for the Development Committee to carry out its duties under this subtitle. (2) Technical support.--The technical support provided under paragraph (1) shall include intramural research and development in areas to support the development of the voluntary voting system guidelines under this part, including-- (A) the security of computers, computer networks, and computer data storage used in voting systems, including the computerized list required under section 303(a); (B) methods to detect and prevent fraud; (C) the protection of voter privacy; (D) the role of human factors in the design and application of voting systems, including assistive technologies for individuals with disabilities (including blindness) and varying levels of literacy; and (E) remote access voting, including voting through the Internet. (3) No private sector intellectual property rights in guidelines.--No private sector individual or entity shall obtain any intellectual property rights to any guideline or the contents of any guideline (or any modification to any guideline) adopted by the Commission under this Act. 

(f) Publication of Recommendations in Federal Register.--At the time the Commission adopts any voluntary voting system guideline pursuant to section 222, the Development Committee shall cause to have published in the Federal Register the recommendations it provided under this section to the Executive Director of the Commission concerning the guideline adopted. 

SEC. 222. <<NOTE: 42 USC 15362.>> PROCESS FOR ADOPTION. 

(a) <<NOTE: Federal Register, publication.>> General Requirement for Notice and Comment.--Consistent with the requirements of this section, the final adoption of the voluntary voting system guidelines (or modification of such a guideline) shall be carried out by the Commission in a manner that provides for each of the following: (1) Publication of notice of the proposed guidelines in the Federal Register. (2) An opportunity for public comment on the proposed guidelines. (3) An opportunity for a public hearing on the record. (4) Publication of the final guidelines in the Federal Register. 

(b) Consideration of Recommendations of Development Committee; Submission of Proposed Guidelines to Board of Advisors and Standards Board.-- (1) Consideration of recommendations of development committee.--In developing the voluntary voting system guidelines and modifications of such guidelines under this section, [[Page 116 STAT. 1684]] the Executive Director of the Commission shall take into consideration the recommendations provided by the Technical Guidelines Development Committee under section 221. (2) Board of advisors.--The Executive Director of the Commission shall submit the guidelines proposed to be adopted under this part (or any modifications to such guidelines) to the Board of Advisors. (3) Standards board.--The Executive Director of the Commission shall submit the guidelines proposed to be adopted under this part (or any modifications to such guidelines) to the Executive Board of the Standards Board, which shall review the guidelines (or modifications) and forward its recommendations to the Standards Board. 

(c) Review.--Upon receipt of voluntary voting system guidelines described in subsection (b) (or a modification of such guidelines) from the Executive Director of the Commission, the Board of Advisors and the Standards Board shall each review and submit comments and recommendations regarding the guideline (or modification) to the Commission. 

(d) Final Adoption.-- (1) In general.--A voluntary voting system guideline described in subsection (b) (or modification of such a guideline) shall not be considered to be finally adopted by the Commission unless the Commission votes to approve the final adoption of the guideline (or modification), taking into consideration the comments and recommendations submitted by the Board of Advisors and the Standards Board under subsection (c). (2) Minimum period for consideration of comments and recommendations.--The Commission may not vote on the final adoption of a guideline described in subsection (b) (or modification of such a guideline) until the expiration of the 90-day period which begins on the date the Executive Director of the Commission submits the proposed guideline (or modification) to the Board of Advisors and the Standards Board under subsection (b). 

(e) Special Rule for Initial Set of Guidelines.--Notwithstanding any other provision of this part, the most recent set of voting system standards adopted by the Federal Election Commission prior to the date of the enactment of this Act shall be deemed to have been adopted by the Commission as of the date of the enactment of this Act as the first set of voluntary voting system guidelines adopted under this part. 

Subtitle B--Testing, Certification, Decertification, and Recertification of Voting System Hardware and Software SEC. 231. <<NOTE: 42 USC 15371.>> CERTIFICATION AND TESTING OF VOTING SYSTEMS. 

(a) Certification and Testing.-- (1) In general.--The Commission shall provide for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories. [[Page 116 STAT. 1685]] (2) Optional use by states.--At the option of a State, the State may provide for the testing, certification, decertification, or recertification of its voting system hardware and software by the laboratories accredited by the Commission under this section. 

(b) Laboratory Accreditation.-- (1) Recommendations by national institute of standards and technology.--Not <<NOTE: Deadline. Records.>> later than 6 months after the Commission first adopts voluntary voting system guidelines under part 3 of subtitle A, the Director of the National Institute of Standards and Technology shall conduct an evaluation of independent, non-Federal laboratories and shall submit to the Commission a list of those laboratories the Director proposes to be accredited to carry out the testing, certification, decertification, and recertification provided for under this section. (2) Approval by commission.-- (A) In general.--The Commission shall vote on the accreditation of any laboratory under this section, taking into consideration the list submitted under paragraph (1), and no laboratory may be accredited for purposes of this section unless its accreditation is approved by a vote of the Commission. (B) Accreditation laboratories not on director list.-- <<NOTE: Publication.>> The Commission shall publish an explanation for the accreditation of any laboratory not included on the list submitted by the Director of the National Institute of Standards and Technology under paragraph (1). 

(c) Continuing Review by National Institute of Standards and Technology.-- (1) In general.--In cooperation with the Commission and in consultation with the Standards Board and the Board of Advisors, the Director of the National Institute of Standards and Technology shall monitor and review, on an ongoing basis, the performance of the laboratories accredited by the Commission under this section, and shall make such recommendations to the Commission as it considers appropriate with respect to the continuing accreditation of such laboratories, including recommendations to revoke the accreditation of any such laboratory. (2) Approval by commission required for revocation.--The accreditation of a laboratory for purposes of this section may not be revoked unless the revocation is approved by a vote of the Commission.