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
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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: 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. 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.
A manufacturer of voting system hardware and software may not have the hardware or software tested by an accredited laboratory under this section unless— the manufacturer submits a detailed request for the testing to the Commission; 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); the Commission approves the request; and the manufacturer pays to the Commission, for deposit into the Testing Escrow Account established under subparagraph (A), the applicable fee for the testing.
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. 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). The Commission shall maintain and publish an updated list of all accredited laboratories under this section. 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— the Commission revokes, terminates, or suspends the accreditation of a laboratory under this section; the Commission restores the accreditation of a laboratory under this section which has been revoked, terminated, or suspended; or the Commission has credible evidence of a significant security failure at an accredited laboratory. 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. . Section 231 of such Act ( 42 U.S.C. 15371 ) is further amended— 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. ; 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. ; in subsection (b)(1), by striking testing, certification, decertification, and recertification and inserting testing ; and in subsection (d), by striking testing, certification, decertification, and recertification each place it appears and inserting testing . 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, 2014.
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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
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