,i #aacth ,,congress #ast ,session ,h4 ,r4 #bjag ,,in ,,the ,,house ,,of ,,representatives ,may #af1 #bjac ,mr4 ,brady of ,pennsylvania 7for himself1 ,ms4 ,lofgren1 and ,mr4 ,vargas7 introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to amend the ,help ,america ,vote ,act of #bjjb to improve the operations of the ,election ,assistance ,commission1 and for other purposes4 #a4 ,short title2 findings 7a7 ,short title ,this ,act may be cited as the ,,eac ,improvements ,act of #bjac4 7b7 ,findings ,congress finds the following3 7#a7 ,the elections for ,federal office which were held in ,november #bjab were plagued with a number of serious problems1 including-- 7,a7 long lines at polling places2 7,b7 poll workers who were trained inadequately2 7,c7 the reduction of hours for early voting2 and 7,d7 the imposition of practices which restricted eligible individuals from voting1 such as requirements to produce photo identification4 7#b7 ,at the time these problems were developing1 the ,election ,assistance ,commission1 an agency of the ,federal ,government which was established to assist the ,states in the administration of elections1 lacked a quorum in its membership and therefore could not meet1 appoint an executive director or general counsel1 or otherwise take any actions to prevent these problems from occurring4 7#c7 ,the inability of the ,commission to carry out its duties meant that it could not convene its ,standards ,board1 a collection of ,state and local election officials with the authority to review guidelines for the voluntary standards applicable to the voting systems used to administer these elections and to make recommendations for best practices for election administration4 7#d7 ,the inability of the ,commission to carry out its duties meant that no new laboratories could be certified to develop and test the equipment used in these elections4 7#e7 ,the ,election ,assistance ,commission should be allowed to investigate fully the problems which plagued the elections held in ,november #bjab and to develop solutions4 7#f7 ,the ,election ,assistance ,commission should be given the tools it needs to carry out its mission in a manner immune from illogic and partisan bickering1 so that it can provide ,states and others involved in the administration of elections with the guidance that will enable them to provide each citizen who wishes to participate in the electoral process the ability to do so4 7#g7 ,the ,election ,assistance ,commission should be permitted to provide to taxpayers and election officials accurate information on the voting equipment used to administer elections and to hold the vendors of such equipment accountable for any problems that may arise with its use4 #b4 ,reauthorization of ,commission 7a7 ,reauthorization ,section #baj of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aeccj7 is amended by striking for each of the fiscal years #bjjc through #bjje and inserting for each of the fiscal years #bjad through #bjah4 7b7 ,treatment of commission in same manner as federal election commission for purposes of paperwork reduction act ,section #cejb7a7 of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,c71 7,d71 and 7,e72 and 7#b7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 the ,election ,assistance ,commission2 4 #c4 ,requiring states to participate in post-general election surveys 7a7 ,requirement ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedha et seq47 is amended by inserting after section #cjc the following new section3 #cjc;,a4 ,requiring participation in post-general election surveys 7a7 ,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 office4 7b7 ,effective date ,this section shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjad and any succeeding election4 4 7b7 ,conforming amendment relating to enforcement ,section #dja of such ,act 7#db ,u4,s4,c4 #aeeaa7 is amended by striking and #cjc and inserting #cjc1 and #cjc;,a4 7c7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjc;,a4 ,requiring participation in post-general election surveys4 4 #d4 ,determining extent to which disabled individuals have access to polling places 7a7 ,ongoing surveys of compliance with ,,ada ,in accordance with section #bda of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aecha71 not later than #ahj days after the date of the regularly scheduled general election for ,federal office held in ,november #bjad and each succeeding regularly scheduled general election for ,federal office1 the ,election ,assistance ,commission1 shall1 with the assistance of the ,comptroller ,general1 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 #aiij4 7b7 ,evaluation of need ,to continue surveys ,at the time the ,election ,assistance ,commission publishes the results of the survey conducted under subsection 7a7 with respect to the regularly scheduled general election for ,federal office held in ,november #bjbb1 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 #aiij has increased to such an extent that there is no longer a need to conduct surveys under subsection 7a7 with respect to subsequent elections4 #e4 ,establishment of procedures and fee schedules for conducting testing of voting equipment hardware and software2 payment of user fees for compensation of accredited laboratories 7a7 ,in ,general ,section #bca7;b7 of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aecga7;b77 is amended by adding at the end the following new paragraphs3 7#c7 ,procedures for conducting testing2 payment of user fees for compensation of accredited laboratories 7,a7 ,establishment of escrow account ,the ,commission shall establish an escrow account 7to be known as the ,testing ,escrow ,account7 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 certification1 decertification1 and recertification of voting system hardware and software4 7,b7 ,schedule of fees ,in consultation with the accredited laboratories1 the ,commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification1 decertification1 and recertification of voting system hardware and software1 based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software4 7,c7 ,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-- 7i7 the manufacturer submits a detailed request for the testing to the ,commission2 7ii7 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 7,b72 7iii7 the ,commission approves the request2 and 7iv7 the manufacturer pays to the ,commission1 for deposit into the ,testing ,escrow ,account established under subparagraph 7,a71 the applicable fee for the testing4 7,d7 ,selection of laboratory ,upon approving a request for testing and receiving the payment from a manufacturer required under subparagraph 7,c71 the ,commission shall select at random 7to the greatest extent practicable71 from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer1 an accredited laboratory to carry out the testing4 7,e7 ,payments to laboratories ,upon determining that a laboratory selected to carry out testing pursuant to subparagraph 7,d7 has completed the testing in accordance with the approved request1 the ,commission shall make a payment to the laboratory from the ,testing ,escrow ,account established under subparagraph 7,a7 in an amount equal to the applicable fee paid by the manufacturer under subparagraph 7,c77iv74 7#d7 ,dissemination of additional information on accredited laboratories 7,a7 ,list of accredited laboratories ,the ,commission shall maintain and publish an updated list of all accredited laboratories under this section4 7,b7 ,information on status of laboratories ,in addition to updating the list maintained and published under subparagraph 7,a71 the ,commission shall promptly notify ,congress1 the chief ,state election official of each ,state1 and the public whenever-- 7i7 the ,commission revokes1 terminates1 or suspends the accreditation of a laboratory under this section2 7ii7 the ,commission restores the accreditation of a laboratory under this section which has been revoked1 terminated1 or suspended2 or 7iii7 the ,commission has credible evidence of a significant security failure at an accredited laboratory4 7,c7 ,information on testing ,upon completion of the testing of a voting system under this section1 the ,commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing4 4 7b7 ,conforming ,amendments ,section #bca of such ,act 7#db ,u4,s4,c4 #aecga7 is further amended-- 7#a7 in subsection 7a77#a71 by striking testing1 certification1 and all that follows and inserting the following3 testing of voting system hardware and software by accredited laboratories in connection with the certification1 decertification1 and recertification of the hardware and software for purposes of this ,act42 7#b7 in subsection 7a77#b71 by striking testing1 certification1 and all that follows and inserting the following3 testing of its voting system hardware and software by the laboratories accredited by the ,commission under this section in connection with certifying1 decertifying1 and recertifying the hardware and software42 7#c7 in subsection 7b77#a71 by striking testing1 certification1 decertification1 and recertification and inserting testing2 and 7#d7 in subsection 7d71 by striking testing1 certification1 decertification1 and recertification each place it appears and inserting testing4 7c7 ,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 #bca7;b77#c7 of the ,help ,america ,vote ,act of #bjjb 7as added by subsection 7a77 not later than ,january #a1 #bjad4 #f4 ,study of methods to reduce costs of administering elections 7a7 ,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 office1 including the following specific factors3 7#a7 ,the durability of the equipment used in voting systems4 7#b7 ,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 manner4 7#c7 ,the lack of competition among vendors and manufacturers of the equipment used in voting systems because of consolidation in the voting system industry4 7b7 ,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 office1 including recommendations for legislative action by ,congress or the ,states4 7c7 ,deadline ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall submit the study conducted under this section to ,congress4 #g4 ,study of methods for increasing efficiency and cost-effectiveness of election assistance commission 7a7 ,study ,the ,comptroller ,general shall conduct a study of the administrative operations of the ,election ,assistance ,commission1 and shall include in the study an analysis of various methods for increasing the efficiency and cost-effectiveness of such operations4 7b7 ,deadline2 report ,not later than #ij days after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the study conducted under subsection 7a71 and shall include in the report such recommendations as the ,comptroller ,general considers appropriate4 7c7 ,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 section4