EAC Improvements Act of 2011 - Amends the Help America Vote Act of 2002 to: (1) reauthorize the Election Assistance Commission (EAC), and (2) require states to participate in post-general election surveys.
Requires the EAC to: (1) conduct and publish a survey of each polling place used in an election to determine the percentage of them in compliance with standards under the Americans with Disabilities Act; (2) establish an escrow account for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software; (3) establish a schedule of fees for such testing; and (4) maintain and publish an updated list of all accredited laboratories.
Directs the EAC to analyze various factors that affect the costs to state and local governments of administering elections for federal office.
Directs the Comptroller General to study the administrative operations of the EAC, including various methods for increasing their efficiency and cost-effectiveness.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1937 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1937
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 23, 2011
Mr. Gonzalez (for himself, Mr. Brady of Pennsylvania, and Ms. Zoe
Lofgren of California) introduced 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EAC Improvements Act of 2011''.
SEC. 2. REAUTHORIZATION OF COMMISSION.
(a) Reauthorization.--Section 210 of the Help America Vote Act of
2002 (42 U.S.C. 15330) is amended by striking ``for each of the fiscal
years 2003 through 2005'' and inserting ``for each of the fiscal years
2012 through 2016''.
(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 following new
subparagraph:
``(B) the Election Assistance Commission;''.
SEC. 3. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL 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 request for purposes of conducting
any post-election survey of the States with respect to the
administration of a regularly scheduled general election for Federal
office.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2012 and any succeeding election.''.
(b) Conforming Amendment Relating to Enforcement.--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 INDIVIDUALS HAVE ACCESS TO
POLLING PLACES.
(a) Ongoing Surveys of Compliance With ADA.--In accordance with
section 241 of the Help America 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 2012 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 such locations
under the Americans With Disabilities Act of 1990.
(b) Evaluation of Need To Continue Surveys.--At the time the
Election Assistance Commission publishes the results of the survey
conducted under subsection (a) with respect to the regularly scheduled
general election for Federal office held in November 2020, 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 SOFTWARE;
PAYMENT OF USER FEES FOR COMPENSATION OF ACCREDITED
LABORATORIES.
(a) In General.--Section 231(b) of the Help America 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.--
``(A) Establishment of escrow account.--The
Commission shall establish an escrow account (to be
known as the `Testing Escrow Account') that will serve
as the exclusive source for making payments to
accredited laboratories for the costs of the testing
carried out in connection with the certification,
decertification, and recertification of voting system
hardware and software.
``(B) Schedule of fees.--In consultation with the
accredited laboratories, the Commission 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
expected to be incurred by the accredited laboratories
in carrying out the testing for various types of
hardware and software.
``(C) Requests and payments by manufacturers.--A
manufacturer of voting system hardware and software may
not have the hardware or software tested by an
accredited laboratory under this section unless--
``(i) the manufacturer submits a detailed
request for the testing to the Commission;
``(ii) the request provides sufficient
information 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
request; and
``(iv) the manufacturer pays to the
Commission, for deposit into the Testing Escrow
Account established under subparagraph (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 practicable), from all laboratories which are
accredited under this section to carry out the specific
testing requested by the manufacturer, an accredited
laboratory to carry out the testing.
``(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 subparagraph (A) in an
amount equal to the applicable fee paid by the
manufacturer under subparagraph (C)(iv).
``(4) Dissemination of additional information on accredited
laboratories.--
``(A) List of accredited laboratories.--The
Commission shall maintain and publish an updated list
of all accredited laboratories under this section.
``(B) Information on status of laboratories.--In
addition to updating the list maintained and published
under subparagraph (A), the Commission shall promptly
notify Congress, the chief State election official of
each State, and the public whenever--
``(i) the Commission revokes, terminates,
or suspends the accreditation of a laboratory
under this section;
``(ii) the Commission restores the
accreditation of a laboratory under this
section which has been revoked, terminated, or
suspended; or
``(iii) the Commission has credible
evidence 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
identification 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 recertification 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 software
by the laboratories accredited by the Commission under this
section in connection with certifying, 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,
certification, decertification, and recertification'' each
place it appears and inserting ``testing''.
(c) Deadline for Establishment of Escrow Account and Schedule of
Fees.--The Election Assistance Commission shall establish the Testing
Escrow Account and schedule of fees described in section 231(b)(3) of
the Help America Vote Act of 2002 (as added by subsection (a)) not
later than January 1, 2012.
SEC. 6. STUDIES OF METHODS TO REDUCE COSTS OF ADMINISTERING ELECTIONS.
(a) Analysis of Factors Affecting Costs of Administering
Elections.--The Election Assistance Commission shall conduct a study
analyzing various factors that affect the costs to States and units of
local government of administering elections for Federal office,
including the following specific factors:
(1) The durability of the equipment used in voting systems.
(2) The extent to which States and units of local
government must replace existing systems because such systems
are not capable of using enhanced software or are not capable
of being upgraded in a cost-effective manner.
(3) The lack of competition among vendors and manufacturers
of the equipment used in voting systems because of
consolidation in the voting system industry.
(b) Recommendations for Steps To Reduce Costs.--The Commission
shall include in the study conducted under this section such
recommendations as the Commission shall consider appropriate to reduce
the costs incurred by States and units of local government in
administering elections for Federal office, including recommendations
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 Congress.
SEC. 7. STUDY OF METHODS FOR INCREASING EFFICIENCY AND COST-
EFFECTIVENESS OF ELECTION ASSISTANCE 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 Comptroller 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 Commission.--The Election
Assistance Commission shall provide the Comptroller General with such
assistance as the Comptroller General may require to carry out this
section.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
Referred to the Subcommittee on Elections.
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