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116th Congress }                                       { Rept. 116-396
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                       { Part 1

======================================================================
 
                ELECTION TECHNOLOGY RESEARCH ACT OF 2019

                                _______
                                

 February 13, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Ms. Johnson of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 4990]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 4990) to direct the National 
Institute of Standards and Technology and the National Science 
Foundation to carry out research and other activities to 
promote the security and modernization of voting systems, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
   I.  Amendment......................................................2
  II.  Purpose of the Bill............................................4
 III.  Background and Need for the Legislation........................5
  IV.  Committee Hearings.............................................5
   V.  Committee Consideration and Votes..............................6
  VI.  Summary of Major Provisions of the Bill........................6
 VII.  Section-By-Section Analysis (By Title and Section).............6
VIII.  Committee Views................................................7
  IX.  Cost Estimate..................................................7
   X.  Congressional Budget Office Cost Estimate......................8
  XI.  Compliance with Public Law 104-4 (Unfunded Mandates)..........10
 XII.  Committee Oversight Findings and Recommendations..............10
XIII.  Statement on General Performance Goals and Objectives.........10
 XIV.  Federal Advisory Committee Statement..........................10
  XV.  Duplication of Federal Programs...............................10
 XVI.  Earmark Identification........................................10
XVII.  Applicability to the Legislative Branch.......................11
XVIII. Statement on Preemption of State, Local, or Tribal Law........11

 XIX.  Changes in Existing Law Made by the Bill, As Reported.........11
  XX.  Exchange of Committee Correspondence..........................15
 XXI.  Proceedings of Full Committee Markup..........................17

                              I. Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:


SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Election Technology Research Act of 
2019''.

SEC. 2. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.

  (a) Voting Systems Research.--The Director of the National Institute 
of Standards and Technology, in collaboration with the National Science 
Foundation as appropriate, shall carry out a program of research on 
voting systems, including--
          (1) the cybersecurity of different components of such 
        systems;
          (2) end-to-end verifiable systems;
          (3) Internet-enabled voting;
          (4) the accessibility and usability of different components 
        of such systems;
          (5) voter privacy and data protection;
          (6) methods for auditing elections;
          (7) the interoperability of system technologies;
          (8) means for providing voters with the ability to easily 
        check whether a ballot sent by mail has been dispatched to the 
        voter and whether the voter's marked ballot has been received 
        and accepted by the appropriate election official;
          (9) the reliability of various approaches to voter 
        authentication; and
          (10) such other areas of research as the Director of the 
        National Institute of Standards and Technology determines to be 
        appropriate and related to the security and integrity of 
        elections for Federal office.
  (b) Elections Systems Center of Excellence.--
          (1) In general.--The Director of the National Institute of 
        Standards and Technology shall make an award to an institution 
        of higher education or an eligible nonprofit organization (or a 
        consortium thereof) to establish a Center of Excellence in 
        Election Systems.
          (2) Collaborations.--The Director shall ensure that the 
        Center of Excellence includes a collaboration of institutions 
        of higher education, nonprofit organizations, private sector 
        entities, and State and local election officials.
          (3) Purpose.--The purpose of the Center of Excellence shall 
        be to--
                  (A) conduct measurement research and statistical 
                analyses to inform the development of standards for 
                technologies and processes that contribute to more 
                secure, fair, and accessible elections;
                  (B) test and evaluate the security, usability, and 
                accessibility of the technologies of voting systems, 
                including the accessibility of poll book data by 
                voters;
                  (C) research testing methods that could be used for 
                the certification of voting system technologies;
                  (D) educate and train students studying in science, 
                technology, engineering, and mathematics fields to 
                conduct measurement science and standards research 
                relevant to such systems; and
                  (E) foster collaboration among academic researchers, 
                private sector vendors of election technology, and 
                State and local election officials.
          (4) Requirements.--
                  (A) In general.--An institution of higher education 
                or an eligible nonprofit organization (or a consortium 
                thereof) seeking funding under this subsection shall 
                submit an application to the Director at such time, in 
                such manner, and containing such information as the 
                Director may require.
                  (B) Applications.--Each application under 
                subparagraph (A) shall include a description of--
                          (i) how the Center will work with other 
                        research institutions, industry partners, and 
                        State or local election officials to identify 
                        the measurement, testing, and standards needs 
                        of voting systems and to leverage the expertise 
                        of election practitioners; and
                          (ii) how the Center will promote active 
                        collaboration among researchers in multiple 
                        disciplines involved in ensuring the security 
                        and integrity of such systems.
                  (C) Selection and duration.--Each Center established 
                under this section is authorized to carry out 
                activities for a period of 5 years, renewable for an 
                additional 5 years at the discretion of the Director.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $12,000,000 for each of the 
fiscal years 2020 through 2024.

SEC. 3. NATIONAL SCIENCE FOUNDATION.

  (a) Research Grants.--The Director of the National Science 
Foundation, in collaboration with the National Institute of Standards 
and Technology and other relevant agencies, as appropriate, shall award 
basic research grants to increase the understanding of cyber and other 
threats to voting systems and to inform the development of 
technologies, processes, and policies that contribute to more secure, 
fair, and accessible elections, including research on--
          (1) the cybersecurity of different components of such 
        systems;
          (2) end-to-end verifiable systems;
          (3) the risks and benefits of Internet-enabled voting;
          (4) the human-technology interface, including the usability, 
        accessibility, and comprehensibility of ballot design, ballot 
        marking devices, and other components of such systems;
          (5) voter privacy and data protection;
          (6) voter practices regarding the verification of ballots 
        generated by ballot marking devices and the likelihood that 
        voters, both with and without disabilities, will recognize 
        errors or omissions with respect to such ballots; and
          (7) such other topics as the Director determines to be 
        appropriate and related to the integrity of elections.
  (b) Elections Systems Research Center.--
          (1) In general.--The Director of the National Science 
        Foundation, in consultation with the Director of the National 
        Institute of Standards and Technology and the Secretary of 
        Homeland Security, as appropriate, shall award grants to 
        institutions of higher education or eligible nonprofit 
        organizations (or consortia thereof) to establish at least 1 
        multidisciplinary center for elections systems research and 
        education.
          (2) Consortia.--A consortia receiving an award under this 
        subsection may include institutions of higher education, 
        nonprofit organizations, private sector entities, and State and 
        local election officials.
          (3) Purpose.--The purpose of a center established with a 
        grant awarded under this subsection shall be to--
                  (A) conduct basic research to advance understanding 
                of cyber and other threats to election systems and the 
                conduct of secure, fair, and accessible elections;
                  (B) conduct research that may inform the development 
                of technologies, processes, and policies that 
                contribute to more secure, fair, and accessible 
                elections;
                  (C) educate and train students studying in science, 
                technology, engineering, and mathematics fields to 
                conduct research relevant to election systems;
                  (D) design curricula that address the growing 
                organizational management and information technology 
                needs of the election community; and
                  (E) foster collaboration among academic researchers, 
                private sector vendors of election technology, and 
                State and local election officials.
          (4) Requirements.--
                  (A) In general.--An institution of higher education 
                or an eligible nonprofit organization (or a consortium 
                thereof) seeking funding under this subsection shall 
                submit an application to the Director of the National 
                Science Foundation at such time, in such manner, and 
                containing such information as the Director may 
                require.
                  (B) Applications.--Each application under 
                subparagraph (A) shall include a description of--
                          (i) how the center established with a grant 
                        awarded under this subsection will work with 
                        other research institutions, industry partners, 
                        and State and local election officials to 
                        identify research needs and leverage the 
                        expertise of election practitioners; and
                          (ii) how the center will promote active 
                        collaboration among researchers in multiple 
                        disciplines involved in elections systems 
                        security, including computer science, data 
                        science, and social and behavioral sciences.
          (5) Selection and duration.--Each center established with a 
        grant awarded under this section is authorized to carry out 
        activities for a period of 5 years, renewable for an additional 
        5 years at the discretion of the Director.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2020 through 2024.

SEC. 4. OTHER ACTIVITIES OF NATIONAL INSTITUTE OF STANDARDS AND 
                    TECHNOLOGY TO PROMOTE SECURITY AND MODERNIZATION OF 
                    VOTING SYSTEMS.

  (a) Common Data Format.--The National Institute of Standards and 
Technology shall establish and make publicly available common data 
format specifications for auditing, voter registration, and other 
elements of voting systems, and provide the specifications to the 
Technical Guidelines Development Committee of the Election Assistance 
Commission under section 221(e) of the Help America Vote Act of 2002 
(52 U.S.C. 20961(e)).
  (b) Elections Systems Certifications.--The National Institute of 
Standards and Technology shall work in collaboration with the Election 
Assistance Commission to update the process under which voting systems 
are certified pursuant to the Help America Vote Act of 2002 so that 
State and local election officials will be better able to carry out 
updates and otherwise modernize such systems.
  (c) Technical Assistance.--The Director of the National Institute of 
Standards and Technology shall--
          (1) provide technical assistance to State and local election 
        officials on the implementation of cybersecurity standards, 
        privacy standards, risk assessments, risk-limiting audits, and 
        technologies which are incorporated in the voluntary voting 
        system guidelines issued under the Help America Vote Act of 
        2002; and
          (2) in collaboration with the Department of Homeland Security 
        and the Election Assistance Commission, as appropriate, conduct 
        outreach to State and local election officials in order to 
        disseminate best practices for the implementation of such 
        voluntary voting system guidelines.

SEC. 5. GAO REPORT.

  Not later than 18 months after the date of enactment of this Act, the 
Comptroller General shall submit a report to Congress that--
          (1) addresses the extent to which efforts by the National 
        Institute of Standards and Technology (NIST) to assist the 
        Technical Guidelines Development Committee of the Election 
        Assistance Commission in the development of voluntary voting 
        systems guidelines have resulted in market-ready standardized 
        voting equipment and software, and addresses the resources made 
        available to NIST to carry out these activities;
          (2) addresses efforts by NIST to monitor and review the 
        performance of laboratories accredited by the Elections 
        Assistance Commission and to make recommendations for 
        continuing accreditation, increased voting technology 
        reliability, and the number of accredited private laboratories, 
        and addresses resources made available to NIST to carry out 
        these activities; and
          (3) addresses the extent to which the annual list of 
        suggestions required to be submitted by NIST to the Election 
        Assistance Commission for research issues for grants and pilot 
        programs under section 271(d) of the Help America Vote Act of 
        2002 (52 U.S.C. 21041) and the evaluation of grants and 
        programs by NIST has improved voting technology and been 
        successful in encouraging the implementation of new 
        technologies in voting systems and equipment.

SEC. 6. AMENDMENTS TO THE HELP AMERICA VOTE ACT OF 2002.

  Section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(b)) is amended--
          (1) in the matter preceding paragraph (1), by striking ``this 
        section'' and inserting ``this Act'';
          (2) by striking ``and'' at the end of paragraph (1);
          (3) by redesignating paragraph (2) as paragraph (6); and
          (4) by inserting after paragraph (1) the following new 
        paragraphs:
          ``(2) any other paper or electronic technologies or processes 
        for collecting, storing, or transmitting personal information 
        of voters for use in the administration of elections for 
        Federal office, including electronic poll books with respect to 
        an election;
          ``(3) voter registration databases and systems, including 
        online interfaces;
          ``(4) systems for carrying out post-election auditing;
          ``(5) chain-of-custody procedures; and''.

SEC. 7. DEFINITIONS.

  In this Act--
          (1) the term ``voting system'' has the meaning given such 
        term in section 301(b) of the Help America Vote Act of 2002 (52 
        U.S.C. 21081(b)), as amended by section 6; and
          (2) the term ``State'' means each of the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.

                        II. Purpose of the Bill

    The purpose of this bill is to direct the National 
Institute of Standards and Technology and the National Science 
Foundation to carry out research and other activities to 
promote the security and modernization of voting systems.

              III. Background and Need for the Legislation

    In October 2002, Congress passed the Help America Vote Act 
(HAVA) to modernize the voting process. HAVA established the 
Election Assistance Commission (EAC) to assist states in 
complying with HAVA and to distribute funds to states to use 
for authorized purposes under HAVA, including the purchase of 
voting systems. Many of those systems are still in use today 
and experience both security and reliability challenges.
    The National Institute of Standards and Technology (NIST) 
has long carried out research on cybersecurity, privacy, and 
other topics relevant to voting systems and elections 
integrity. HAVA specifically authorized NIST to carry out 
research to inform the development of voluntary voting systems 
guidelines to be recommended to the EAC. NIST also provides 
technical assistance to states seeking to implement the 
guidelines. As part of its own broad science mission, the 
National Science Foundation (NSF) carries out fundamental 
computer science research activities with relevance to election 
technology and social science research with relevance to voter 
interface with elections technology.
    Technology plays a significant role in today's election 
process beyond just the voting machine where a vote is cast. 
Thirty-seven states and the District of Columbia allow for 
online voter registration, and a transition from paper to 
electronic poll books, some of which maintain a live internet 
connection, has been underway for several years. Under the 
current law in HAVA, NIST has no legal mandate to make 
recommendations to the EAC with respect to the security of 
online voter registration portals or databases, e-poll books, 
or a number of other systems used before and after the casting 
of a vote, or to carry out testing or certification of such 
systems.

                         IV. Committee Hearings

    On June 25, 2019, the Research and Technology Subcommittee 
and the Investigations and Oversight Subcommittee held a joint 
hearing on election security and voting technology 
vulnerabilities. Members and witnesses discussed the research 
and other activities being carried out under HAVA, key findings 
and recommendations of the 2018 National Academies report, 
Securing the Vote: Protecting American Democracy, and potential 
policy strategies for protecting the full technology enterprise 
associated with election systems.
    The Subcommittees heard testimony from five witnesses: Dr. 
Charles H. Romine, Director, Information Technology Laboratory, 
National Institute of Standards and Technology; Mr. Neal 
Kelley, Registrar of Voters, Orange County, California; Dr. 
Latanya Sweeney, Professor of Government and Technology in 
Residence, Department of Government, Harvard University, 
Institute for Quantitative Social Science; Mr. Paul Ziriax, 
Secretary, Oklahoma State Election Board; and Dr. Josh Benaloh, 
Senior Cryptographer, Microsoft Research.
    The expert witnesses supported the need for more investment 
in basic, applied, and translational research relevant to the 
administration, conduct, and performance of elections. They 
emphasized election cybersecurity and the need to understand 
the threats and vulnerabilities in order to develop more 
effective strategies to defend U.S. election systems. Finally, 
they stressed the need to modernize the elections process, 
including the need to establish common data formats for 
elements of voting systems to better protect against 
infiltration attempts. H.R. 4990 was informed by the expert 
testimony from this hearing and recommendations from the 
National Academies report.

                  V. Committee Consideration and Votes

    H.R. 4990, the Election Technology Research Act, was 
introduced on November 8, 2019, by Representatives Sherrill, 
Gonzalez, Johnson, and Lucas. The bill was referred to the 
Committee on Science, Space, and Technology and the Committee 
on House Administration.
    On November 14, 2019, the Committee on Science, Space, and 
Technology met to consider H.R. 4990. Mr. Crist offered an 
amendment to support research on pollbook accessibility for 
voters during the check-in process at polling stations. The 
amendment was agreed to on a voice vote. Ms. Johnson moved that 
the Committee favorably report the bill, H.R. 4990, as amended, 
to the House with the recommendation that the bill be approved. 
The motion was agreed to by a voice vote.

              VI. Summary of Major Provisions of the Bill

    H.R. 4990 provides critical investments at the National 
Institute of Standards and Technology and the National Science 
Foundation to support cybersecurity research and modernization 
of our voting systems and to support federal technical 
assistance to states on implementation of cybersecurity 
standards and other voluntary voting systems guidelines. 
Further, H.R. 4990 makes amendments to the Help America Vote 
Act of 2002 to authorize guidelines to be established for 
technologies used in the administration of elections.

        VII. Section-by-Section Analysis (By Title and Section)


Section 1. Short title

    Election Technology Research Act of 2019.

Section 2. National Institute of Standards and Technology

    Authorizes NIST, in consultation with NSF, to carry out 
measurement research on a range of topics related to voting 
systems security and integrity; authorizes NIST to establish a 
Center of Excellence to foster collaboration among academic 
researchers, private sector election technology vendors, and 
State and local election officials on measurement research, 
statistical analyses, and testing related to voting systems 
security, usability, and accessibility.

Section 3. National Science Foundation

    Authorizes NSF, in consultation with NIST and other 
relevant agencies, to award grants for basic research on a 
range of topics related to secure, fair and accessible 
elections; authorizes NSF, in consultation with NIST and the 
Department of Homeland Security, to establish a 
multidisciplinary center of excellence to foster collaboration 
among institutions of higher education, non-profit 
organizations, private sector entities, and State and local 
officials on such research topics and to educate and train 
students to conduct research relevant to election systems.

Section 4. Other activities of National Institute of Standards and 
        Technology to promote security and modernization of voting 
        systems

    Authorizes NIST to develop common data format 
specifications for voting systems to be provided to the 
Election Assistance Commission (EAC); authorizes NIST to work 
with the EAC to update the voting systems certification 
process; and authorizes NIST to provide technical assistance 
and conduct outreach to State and local election officials 
regarding implementation of standards and technologies 
incorporated into the Voluntary Voting Systems Guidelines under 
HAVA.

Section 5. GAO report

    Directs GAO to submit a report to Congress assessing the 
role and effectiveness of NIST in assisting the EAC to advance 
voting technology and improve the implementation of 
standardized voting systems.

Section 6. Amendments to the Help America Vote Act of 2002

    Amends HAVA to expand the definition of voting systems to 
include online voter registration systems and electronic poll 
books as categories of technologies and processes that NIST, in 
collaboration with the EAC, is authorized to develop voluntary 
voting systems guidelines.

                         VIII. Committee Views

    It is the intent of the Committee that the Director of 
National Institute of Standards and Technology leverage the 
agency's expertise in measurement science and statistical 
analysis, and the Director of the National Science Foundation 
leverage the agency's expertise in fundamental computer 
science, social and behavioral sciences, and other relevant 
fields to help our nation move toward more secure federal 
elections.
    In including electronic poll books in the definition of 
``voting System'', it is not the intent of the Committee to 
capture any state's department of motor vehicle data other than 
data transmitted for purposes of federal election 
administration.

                           IX. Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 5, 2020.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4990, the Election 
Technology Research Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Hughes.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would
           Require the National Institute of Standards 
        and Technology (NIST) to study voting systems and to 
        establish and administer a grant program to fund the 
        proposed Center of Excellence in Election Systems
           Require the National Science Foundation to 
        award grants to fund research about threats to voting 
        systems and the cybersecurity of those systems
           Require NIST and the Election Assistance 
        Commission to update certification processes for voting 
        systems and to provide technical assistance to state 
        and local election officials on voting systems and 
        cybersecurity
    Estimated budgetary effects would primarily stem from
           Spending subject to appropriation on 
        salaries and benefits, contracting costs, equipment 
        purchases, and grants
    Bill summary: Section 2 would authorize the appropriation 
of $12 million each year over the 2020-2024 period for the 
National Institute of Standards and Technology (NIST). Under 
the bill, NIST would study voting systems, including online 
voting, election audits, and cybersecurity, and establish the 
proposed Center of Excellence in Election Systems. That center 
would study voting systems, test the security and usability of 
voting technologies, and foster partnerships among academic 
institutions, the private sector, and state and local election 
officials.
    Section 3 would authorize the appropriation of $10 million 
annually over the 2020-2024 period for the National Science 
Foundation (NSF) to award grants to academic institutions and 
nonprofit organizations for research on cybersecurity and other 
threats to voting systems and to establish at least one center 
for research and education on election systems.
    Under section 4, NIST would establish and publish common 
data format specifications for auditing and voter registration 
and provide those specifications to the Technical Guidelines 
Development Committee of the Election Assistance Commission 
(EAC). NIST and the EAC would collaborate to update the process 
for certifying voting systems as required by the Help America 
Vote Act of 2002 and to conduct outreach to state and local 
election officials on voluntary voting system guidelines. NIST 
also would provide technical assistance to state and local 
governments on voting technology, risk assessments, and 
implementing cybersecurity and privacy standards.
    Estimated Federal cost: The estimated budgetary effect of 
H.R. 4990 is shown in Table 1. The costs of the legislation 
fall within budget functions 370 (commerce and housing credit) 
and 800 (general government).
    Basis of estimate: CBO assumes that H.R. 4990 will be 
enacted in 2020. CBO estimates that implementing H.R. 4990 
would increase spending subject to appropriation by $108 
million over the 2020-2025 period. That estimate is based on 
information from the agencies and historical spending patterns 
for similar activities.
    Implementing section 2 and section 3 would cost $80 million 
over the 2020-2025 period--$43 million for NIST and $37 million 
for NSF--and $30 million after 2025, assuming appropriation of 
the authorized amounts.
    Using information from NIST, CBO estimates that NIST and 
EAC would need a total of 22 employees each year at a cost of 
$250,000 per employee to fulfill the requirements in section 4. 
In total, CBO estimates that it would cost NIST and the EAC $27 
million over the 2020-2025 period to implement those 
requirements, assuming appropriation of the estimated amounts.

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4990
----------------------------------------------------------------------------------------------------------------
                                                           By fiscal year, millions of dollars--
                                          ----------------------------------------------------------------------
                                             2020      2021      2022      2023      2024      2025    2020-2025
----------------------------------------------------------------------------------------------------------------
Section 2:
    Authorization........................        12        12        12        12        12         0         60
    Estimated Outlays....................         *         6         9        11        12         6         43
Section 3:
    Authorization........................        10        10        10        10        10         0         50
    Estimated Outlays....................         *         5         8         9        10         5         37
Section 4:
    Estimated Authorization..............         *         6         5         5         6         6         29
    Estimated Outlays....................         *         5         5         5         6         6         27
    Total Changes:
        Estimated Authorization..........        22        28        27        27        28         6        139
        Estimated Outlays................         *        16        22        25        27        17        108
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.

    Pay-As-You-Go considerations: None.
    Increase in long-term deficits: None.
    Mandates: None.
    Estimate prepared by: Federal costs: David Hughes (for the 
National Institute of Standards and Technology), Janani 
Shankaran (for the National Science Foundation), Matthew 
Pickford (for the Election Assistance Commission); Mandates: 
Rachel Austin.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

                     XI. Federal Mandates Statement

    H.R. 4990 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee's oversight findings and recommendations are 
reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    The goal of H.R. 4990 is to improve the security of 
election systems through research and other activities.

               XIV. Federal Advisory Committee Statement

    H.R. 4990, does not create any advisory committees.

                  XV. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 4990 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XVI. Earmark Identification

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4990 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

             XVII. Applicability to the Legislative Branch

    The Committee finds that H.R. 4990 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HELP AMERICA VOTE ACT OF 2002




           *       *       *       *       *       *       *
   TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND 
                      ADMINISTRATION REQUIREMENTS

                        Subtitle A--Requirements

SEC. 301. VOTING SYSTEMS STANDARDS.

  (a) Requirements.--Each voting system used in an election for 
Federal office shall meet the following requirements:
          (1) In general.--
                  (A) Except as provided in subparagraph (B), 
                the voting system (including any lever voting 
                system, optical scanning voting system, or 
                direct recording electronic system) shall--
                          (i) permit the voter to verify (in a 
                        private and independent manner) the 
                        votes selected by the voter on the 
                        ballot before the ballot is cast and 
                        counted;
                          (ii) provide the voter with the 
                        opportunity (in a private and 
                        independent manner) to change the 
                        ballot or correct any error before the 
                        ballot is cast and counted (including 
                        the opportunity to correct the error 
                        through the issuance of a replacement 
                        ballot if the voter was otherwise 
                        unable to change the ballot or correct 
                        any error); and
                          (iii) if the voter selects votes for 
                        more than one candidate for a single 
                        office--
                                  (I) notify the voter that the 
                                voter has selected more than 
                                one candidate for a single 
                                office on the ballot;
                                  (II) notify the voter before 
                                the ballot is cast and counted 
                                of the effect of casting 
                                multiple votes for the office; 
                                and
                                  (III) provide the voter with 
                                the opportunity to correct the 
                                ballot before the ballot is 
                                cast and counted.
                  (B) A State or jurisdiction that uses a paper 
                ballot voting system, a punch card voting 
                system, or a central count voting system 
                (including mail-in absentee ballots and mail-in 
                ballots), may meet the requirements of 
                subparagraph (A)(iii) by--
                          (i) establishing a voter education 
                        program specific to that voting system 
                        that notifies each voter of the effect 
                        of casting multiple votes for an 
                        office; and
                          (ii) providing the voter with 
                        instructions on how to correct the 
                        ballot before it is cast and counted 
                        (including instructions on how to 
                        correct the error through the issuance 
                        of a replacement ballot if the voter 
                        was otherwise unable to change the 
                        ballot or correct any error).
                  (C) The voting system shall ensure that any 
                notification required under this paragraph 
                preserves the privacy of the voter and the 
                confidentiality of the ballot.
          (2) Audit capacity.--
                  (A) In general.--The voting system shall 
                produce a record with an audit capacity for 
                such system.
                  (B) Manual audit capacity.--
                          (i) The voting system shall produce a 
                        permanent paper record with a manual 
                        audit capacity for such system.
                          (ii) The voting system shall provide 
                        the voter with an opportunity to change 
                        the ballot or correct any error before 
                        the permanent paper record is produced.
                          (iii) The paper record produced under 
                        subparagraph (A) shall be available as 
                        an official record for any recount 
                        conducted with respect to any election 
                        in which the system is used.
          (3) Accessibility for individuals with 
        disabilities.--The voting system shall--
                  (A) be accessible for individuals with 
                disabilities, including nonvisual accessibility 
                for the blind and visually impaired, in a 
                manner that provides the same opportunity for 
                access and participation (including privacy and 
                independence) as for other voters;
                  (B) satisfy the requirement of subparagraph 
                (A) through the use of at least one direct 
                recording electronic voting system or other 
                voting system equipped for individuals with 
                disabilities at each polling place; and
                  (C) if purchased with funds made available 
                under title II on or after January 1, 2007, 
                meet the voting system standards for disability 
                access (as outlined in this paragraph).
          (4) Alternative language accessibility.--The voting 
        system shall provide alternative language accessibility 
        pursuant to the requirements of section 203 of the 
        Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a).
          (5) Error rates.--The error rate of the voting system 
        in counting ballots (determined by taking into account 
        only those errors which are attributable to the voting 
        system and not attributable to an act of the voter) 
        shall comply with the error rate standards established 
        under section 3.2.1 of the voting systems standards 
        issued by the Federal Election Commission which are in 
        effect on the date of the enactment of this Act.
          (6) Uniform definition of what constitutes a vote.--
        Each State shall adopt uniform and nondiscriminatory 
        standards that define what constitutes a vote and what 
        will be counted as a vote for each category of voting 
        system used in the State.
  (b) Voting System Defined.--In [this section] this Act, the 
term ``voting system'' means--
          (1) the total combination of mechanical, 
        electromechanical, or electronic equipment (including 
        the software, firmware, and documentation required to 
        program, control, and support the equipment) that is 
        used--
                  (A) to define ballots;
                  (B) to cast and count votes;
                  (C) to report or display election results; 
                and
                  (D) to maintain and produce any audit trail 
                information; [and]
          (2) any other paper or electronic technologies or 
        processes for collecting, storing, or transmitting 
        personal information of voters for use in the 
        administration of elections for Federal office, 
        including electronic poll books with respect to an 
        election;
          (3) voter registration databases and systems, 
        including online interfaces;
          (4) systems for carrying out post-election auditing;
          (5) chain-of-custody procedures; and
          [(2)] (6) the practices and associated documentation 
        used--
                  (A) to identify system components and 
                versions of such components;
                  (B) to test the system during its development 
                and maintenance;
                  (C) to maintain records of system errors and 
                defects;
                  (D) to determine specific system changes to 
                be made to a system after the initial 
                qualification of the system; and
                  (E) to make available any materials to the 
                voter (such as notices, instructions, forms, or 
                paper ballots).
  (c) Construction.--
          (1) In general.--Nothing in this section shall be 
        construed to prohibit a State or jurisdiction which 
        used a particular type of voting system in the 
        elections for Federal office held in November 2000 from 
        using the same type of system after the effective date 
        of this section, so long as the system meets or is 
        modified to meet the requirements of this section.
          (2) Protection of paper ballot voting systems.--For 
        purposes of subsection (a)(1)(A)(i), the term 
        ``verify'' may not be defined in a manner that makes it 
        impossible for a paper ballot voting system to meet the 
        requirements of such subsection or to be modified to 
        meet such requirements.
  (d) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section on and 
after January 1, 2006.

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