[Congressional Bills 107th Congress]
[From the U.S. Government Publishing 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>