S.368 - American Voting Standards and Technology Act107th Congress (2001-2002)
|Sponsor:||Sen. McCain, John [R-AZ] (Introduced 02/15/2001)|
|Committees:||Senate - Commerce, Science, and Transportation|
|Latest Action:||Senate - 05/08/2001 Committee on Commerce, Science, and Transportation. Hearings held. Hearings printed: S.Hrg. 107-1041. (All Actions)|
This bill has the status Introduced
Here are the steps for Status of Legislation:
Text: S.368 — 107th Congress (2001-2002)All Information (Except Text)
There is one version of the bill.
Text available as:
- PDF (PDF provides a complete and accurate display of this text.) Tip?
Introduced in Senate (02/15/2001)
[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [S. 368 Introduced in Senate (IS)] 107th CONGRESS 1st Session S. 368 To develop voluntary consensus standards to ensure accuracy and validation of the voting process, to direct the Director of the National Institute of Standards and Technology to study voter participation and emerging voting technology, to provide grants to States to improve voting methods, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2001 Mr. McCain (for himself and Mr. Hollings) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To develop voluntary consensus standards to ensure accuracy and validation of the voting process, to direct the Director of the National Institute of Standards and Technology to study voter participation and emerging voting technology, to provide grants to States to improve voting methods, 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 ``American Voting Standards and Technology Act''. TITLE I--NIST STANDARDS; STUDY; GRANTS SEC. 101. ESTABLISHMENT OF VOTING SYSTEMS STANDARDS PROGRAM. (a) In General.--Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)) is amended-- (1) in paragraph (21), by striking ``and'' at the end; (2) by redesignating paragraph (22) as paragraph (23); and (3) by inserting after paragraph (21) the following: ``(22) study automated voting systems used in the United States, including voter registration, vote casting, and vote counting; and''. (b) Developing Voting Systems Standards.--The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended-- (1) by redesignating sections 20 through 31 as sections 21 through 32, respectively; and (2) by inserting after section 19 the following: ``SEC. 20. VOTING SYSTEMS STANDARDS. ``(a) The Secretary, through the Director, shall-- ``(1) have the mission of developing standard practices, codes, specifications, and voluntary consensus standards needed to assure the accuracy, integrity, and security of voting systems used in the United States, including voter registration, vote casting, and vote counting; and ``(2) establish a program with the National Voluntary Laboratory Accreditation Program to accredit laboratories, in accordance with regulations for procedures under such program, to test vote casting and counting devices for conformance with standard practices, codes, specifications, and voluntary consensus standards developed under paragraph (1). ``(b) For purposes of subsection (a), the term `voting systems' shall include-- ``(1) every stage of the voting procedure beginning with voter registration through any necessary recount of votes; and ``(2) systems used in connection with an election for the office of President, Vice President, or a member of Congress. ``(c) For purposes of subsection (a), the Secretary is authorized to cooperate with other departments and agencies of the Federal Government, industry organizations, State and local governments, and private organizations.''. (c) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2002, 2003, 2004, and 2005 such sums as may be necessary to carry out the purposes of this section. SEC. 102. STUDY OF VOTING ISSUES. (a) In General.--The Director of the National Institute of Standards and Technology shall conduct a study of-- (1) the impact of income of a voter on effective participation in the election process; (2) the impact of minority status of a voter based on race, gender, or ethnicity on effective participation in the election process; (3) the effect of the use of differing voting apparatus and of substandard or malfunctioning voting machinery on effective participation in, and the integrity of, the election process; and (4) any future and emerging technologies for use in elections, such as Internet voting. (b) Study of Income.--The study conducted under subsection (a)(1) shall include the study of the impact of various factors on participation in elections by low-income voters, including voter registration requirements, educational status, type of voting apparatus available, voting outreach efforts, and any other factors the Director of the National Institute of Standards and Technology deems relevant. (c) Coordination.--In conducting studies under this section, the Director of the National Institute of Standards and Technology shall cooperate and coordinate with appropriate Federal, State, and local officials, including election officials and other interested groups and individuals. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall report the results of the study conducted under this section to Congress. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the studies and report under this section. SEC. 103. VOTING IMPROVEMENT GRANTS. (a) Matching Grant To Improve Voting Methods.-- (1) Authority.--The Secretary of Commerce (referred to in this subsection as the ``Secretary'') is authorized to make matching grants to the State agency responsible for administering elections in a State or the appropriate local agency responsible for administering elections in a unit of local government for the purpose of purchasing new or rehabilitated voting equipment that improves the ability of the public to cast a timely and accurate vote. (2) Voting equipment.--Voting equipment purchased with the proceeds of a grant under paragraph (1) shall meet the voting systems performance standards developed by the National Institute of Standards and Technology under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.). (3) Application.--The Secretary shall publish a notice in the Federal Register to notify State and local agencies regarding the time and manner in which such State or local agency may apply and to prescribe criteria for approval of a State or local agency application. (4) Priority.--In awarding grants under this subsection, the Secretary shall give priority to applications which propose to use the funds to place voting equipment in election precincts that are most in need of updating and improvement of their voting system in order to meet voting system performance standards described in paragraph (2), particularly in areas experiencing the greatest need based on unemployment level, income levels, financial need, or other indicators of economic distress. (5) Matching requirement.-- (A) In general.--The Secretary may not make a grant to a State or local agency under this subsection unless that agency agrees that, with respect to the costs to be incurred by the agency in carrying out the purpose for which the grant was awarded, the agency will make available non-Federal contributions in an amount equal to 50 percent of the Federal funds provided under the grant. (B) Waiver.--The Secretary may waive the requirement under subparagraph (A) if the Secretary determines a State or local agency displays extreme need. (6) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection, including grant funds and administration costs. (b) Block Grant for Voter Education Campaigns.-- (1) Authority.--The Secretary of Commerce is authorized to make grants to the State agency responsible for administering elections in a State for the purpose of implementing voter education campaigns. (2) Implementation.--Each State agency receiving funds under paragraph (1) shall make such funds available to the appropriate State and local election officials to carry out voter education campaigns. (3) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to make grants under this subsection. TITLE II--ELECTRONIC COMMERCE TECHNOLOGY PROMOTION SEC. 201. FINDINGS. The Congress makes the following findings: (1) Electronic commerce has been widely embraced by industry, both in the United States and abroad. The volume of commerce conducted over the Internet, though almost nonexistent just a few years ago, is expected to top $1 trillion by 2003, according to market research reports. Continued growth of this market is vital to the economy of the United States as well as the global economy. (2) United States industries are at the forefront of this global revolution, continually evolving and innovating to respond to rapidly changing market needs and conditions. Agility and flexibility are essential elements in their ability to compete and adapt. These are also the elements required for the electronic commerce market to sustain its current phenomenal growth rate. (3) The Federal Government should facilitate the growth of electronic commerce by allowing the private sector to continue to take the lead in developing this dynamic global market, and refraining from undue regulatory measures whenever possible. The Government should unambiguously support the development of electronic commerce as a market-driven phenomenon, yet also signal its strong desire to promote and facilitate the growth of the electronic commerce market. (4) An important enabler for global electronic commerce is the ability of different systems to communicate and exchange data, referred to as system interoperability. The continued growth of electronic commerce depends on a fundamental set of technical standards that enable essential technologies to interoperate, and on a policy and legal framework that supports the development that the market demands in a timely manner. (5) Prompt adoption and deployment of relevant electronic commerce technologies and systems by Federal agencies allow the Government to share in the benefits of the electronic commerce revolution, which can result in reduced cost and increased efficiency, as well as improved quality. (6) Usage of the technologies will enable the Government to participate more directly and effectively as an active contributor in the collaborative efforts spearheaded by the private sector to develop the frameworks and standards necessary for systems and components to interoperate. This has the added benefit of allowing the Government to intercede as necessary in a timely manner, either in failure conditions or to remove barriers erected by foreign governments. (7) In actively deploying such technologies, the United States leadership in electronic commerce is strengthened and, at the same time, establishes a model for other governments and enables the growth of the global electronic commerce market. (8) Traditionally, small- and medium-sized enterprises play a critical role in enhancing the gross domestic product associated with a growing economic sector. Electronic commerce technologies have the potential to enable these businesses to enter the market with lower entry costs and compete more effectively. The United States Government has an inherent interest in ensuring that electronic commerce technologies are deployed widely by these small- and medium-sized businesses so that they can remain competitive in the global economy. SEC. 202. DEFINITIONS. In this title: (1) Center.--The term ``Center'' means the Center of Excellence for Electronic Commerce. (2) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology. (3) Interoperability.--The term ``interoperability'' means the ability of different software systems, applications, and services to communicate and exchange data in a predictable and consistent manner. (4) Interoperability specification.--The term ``interoperability specification'' means the technical documents developed by formal domestic and international standard organizations, industry consortia, and any other informal industry collaborations, for the purpose of creating interoperable systems and technologies. (5) Institute.--The term ``Institute'' means the National Institute of Standards and Technology. (6) Matrix organization.--The term ``matrix organization'' means an organizational structure that is built based on coordinating the needed resources and expertise from other existing functional organizations. (7) Electronic commerce technologies.--The term ``electronic commerce technologies'' means technologies that support the purchasing of goods and services over the Internet. SEC. 203. PURPOSES. The purposes of this title are-- (1) to enable the electronic commerce market to continue its current growth rate and realize its full potential by supporting the development of relevant standards and interoperability specifications; (2) to signal strong support of the electronic commerce market by encouraging the use of electronic commerce technologies within Federal Government agencies; and (3) to establish a Center of Excellence in Electronic Commerce at the National Institute of Standards and Technology, which will act as a resource for the Federal Government, encourage the use of electronic commerce technologies, and represent the Government interest in private sector collaborative efforts to develop electronic commerce technologies and interoperability specifications. SEC. 204. CENTER OF EXCELLENCE FOR ELECTRONIC COMMERCE. (a) Establishment.--The Director shall establish an office within the Institute to be known as the Center of Excellence for Electronic Commerce. The Center shall be organized as a matrix organization built upon existing expertise and resources at the Institute. (b) Functions.--The Center shall-- (1) act as a resource of information for Federal agencies in matters related to the development and deployment of electronic commerce technologies and interoperability specifications; (2) provide technical guidance and information to the Office of Management and Budget about the development and deployment of electronic commerce technologies and interoperability specifications; (3) encourage the use of electronic commerce technologies within Federal agencies and small- and medium-sized businesses; and (4) work with agencies to ensure that the interests of the United States Government as user are represented at both domestic and international meetings pertaining to the setting of interoperability specifications for electronic commerce technologies. (c) Activities.--In carrying out subsection (b), the Center shall-- (1) work with all the affected parts of the Institute, develop a plan for all efforts related to electronic commerce at the Institute, and coordinate these activities on an ongoing basis to achieve the stated functions; (2) through the Department of Commerce and the Office of Management and Budget participate in an inter-agency working group to address issues related to the introduction and deployment of electronic commerce technologies in the Federal Government; (3) develop systems guidelines and reference implementations for use by Federal agencies which utilize electronic commerce interoperability specifications, consistent with section 2(b)(13) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)(13)) and section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 nt); (4) advise the Secretary of Commerce through the Under Secretary of Commerce upon encountering abusive uses of standards in the areas of electronic commerce; and (5) work through the Department of Commerce's Manufacturing Extension Partnership Program and coordinate with the Small Business Administration and the Department of Agriculture, consistent with the respective agencies' missions, to provide technical assistance to small- and medium-sized businesses on issues related to the deployment and use of electronic commerce technologies. SEC. 205. REPORTS. (a) In General.--Within 12 months after the enactment of this Act, the Undersecretary of Technology shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives on the following issues concerning electronic commerce: (1) Current efforts and activities on electronic commerce in the Institute. (2) The current status of deployment of electronic commerce technologies in the Federal agencies, including any future plans. (3) Issues Federal agencies are expected to encounter in widespread deployment of electronic commerce technologies. (4) Any legislative revisions to existing Federal programs necessary to support the advancement of electronic commerce in both the Federal Government and industry. (b) Report.--Within 1 year after the date of enactment of this Act, the Under Secretary of Technology, in collaboration with interested agencies and the Office of Management and Budget, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives on the status of the deployment and use of electronic commerce technologies by Federal agencies. TITLE III--ENTERPRISE INTEGRATION SEC. 301. FINDINGS. The Congress makes the following findings: (1) Over 90 percent of United States companies engaged in manufacturing are small and medium-sized businesses. (2) Most of these manufacturers produce goods for assemblage into products of large companies. (3) The emergence of the World Wide Web and the promulgation of international standards for product data exchange greatly accelerated the movement toward electronically integrated supply chains during the last half of the 1990's. (4) A major Wall Street firm recently estimated that the adoption of electronic commerce-based supply chains in various manufacturing industries can reduce business costs from 10 percent to 40 percent. (5) European and Asian countries are investing heavily in electronic enterprise standards development, and in preparing their smaller manufacturers to do business in the new environment. European efforts are well advanced in the aerospace, automotive, and shipbuilding industries and are beginning in other industries including home building, furniture manufacturing, textiles, and apparel. (6) If United States manufacturers are to remain competitive, they must match their overseas competition by making sure that standards, including application protocols, developed for electronic business in their industry worldwide reflect their needs and the needs of their customers and suppliers. (7) Many American small and medium-sized manufacturers run the risk of losing their largest customers during the first half of this decade unless they adopt computer aided design, engineering, and manufacturing systems in their work places and learn how to participate with customers and suppliers in integrated electronic enterprises. (8) Application protocols are very complex standards, often running thousands of pages, and require the cooperation of entire industries for their development. (9) The National Institute of Standards and Technology, because of the electronic commerce expertise in its laboratories and quality program, its long history of working cooperatively with manufacturers, and the nationwide reach of its manufacturing extension program, is in a unique position to help United States large and smaller manufacturers alike in their responses to this challenge. (10) It is, therefore, in the national interest for the National Institute of Standards and Technology to accelerate its efforts-- (A) in helping major manufacturing industries develop standards and enterprise integration processes that are necessary to increase efficiency and lower costs; and (B) in making sure that every small or medium-sized manufacturer has the option of upgrading its manufacturing capabilities to the point where it can be part of an electronic supply chain of a major manufacturing industry. SEC. 302. ENTERPRISE INTEGRATION INITIATIVE. (a) Establishment.--The Director shall establish an initiative for advancing enterprise integration within the United States. In carrying out this section, the Director shall involve, as appropriate, the various units of the National Institute of Standards and Technology, including the National Institute of Standards and Technology laboratories, the Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), and the Malcolm Baldrige National Quality Program. This initiative shall begin with product data management and build upon ongoing efforts of the National Institute of Standards and Technology and of the private sector, shall involve consortia that include government and industry, and shall be designed to permit enterprise integration in each United States major manufacturing industry at the earliest possible date. (b) Assessment.--For each major manufacturing industry, the Director shall work with industry representatives and organizations currently engaged in enterprise integration activities, and others as appropriate, to identify all enterprise integration standards and implementation activities underway in the United States and abroad. They shall assess the current state of enterprise integration within the industry, identify the remaining steps in achieving enterprise integration, and work toward agreement on the roles of the National Institute of Standards and Technology and of the private sector in that process. Within 90 days after the date of the enactment of this Act, the Director shall report to the Congress on these matters and on anticipated related National Institute of Standards and Technology activities for the then current fiscal year. (c) Plans and Reports.--Within 180 days after the date of the enactment of this Act, the Director shall submit to the Congress a plan for enterprise integration for each major manufacturing industry, developed in conjunction with that industry and based on the assessment carried out under subsection (b), including milestones for the National Institute of Standards and Technology portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Updates of the plans and a progress report for the past year shall be submitted annually until for a given industry, in the opinion of the Director, enterprise integration has been achieved. (d) Authorized Activities.--In order to carry out this title and the plans prepared under subsection (c), the Director may-- (1) work with companies and trade associations within a major manufacturing industry to raise awareness of enterprise integration activities in the United States and abroad, including convening meetings; (2) work with an industry on the development of enterprise integration roadmaps; (3) support the development, testing, promulgation, and adoption of standards, including application protocols; (4) support the development, promulgation, integration, and upgrading of standards related to enterprise integration; (5) support pilot projects that include small and medium- sized businesses for new standards and enterprise integration; (6) ensure the training and regular upgrading of skills of Manufacturing Extension Program employees; (7) develop tool kits and employee training materials and take other steps necessary to permit small and medium-sized businesses to participate in an integrated enterprise; and (8) set up legal and financial mechanisms to permit groups of Manufacturing Extension Program centers to work collectively on modernizing and integrating a company's or industry's supply chain. SEC. 303. DEFINITIONS. For purposes of this title-- (1) the term ``automotive'' means land-based engine-powered vehicles including automobiles, trucks, busses, trains, defense vehicles, farm equipment, and motorcycles; (2) the term ``Director'' means the Director of the National Institute of Standards and Technology; (3) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, and suppliers to enable the electronic exchange of product, manufacturing, and other business data among all businesses in a product supply chain, and such term includes related application protocols and other related standards; (4) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates; and (5) the term ``National Institute of Standards and Technology laboratories'' means those institutes of the National Institute of Standards and Technology with expertise in electronic commerce, including the Manufacturing Engineering Laboratory, the Building and Fire Research Laboratory, and the Information Technology Laboratory. SEC. 304. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director to carry out functions under this title $10,000,000 for fiscal year 2002, $15,000,000 for fiscal year 2003, and such sums as may be necessary for subsequent fiscal years. <all>