PUBLIC LAW 107-252—OCT. 29, 2002 116 STAT. 1685 Deadline. Records. (2) OPTIONAL USE BY STATES.—At the option of a State, the State may provide for the testing, certification, decertification, or recertification of its voting system hardware and software by the laboratories accredited by the Commission under this section. (b) LABORATORY ACCREDITATION.— (1) RECOMMENDATIONS BY NATIONAL INSTITUTE OF STAND- ARDS AND TECHNOLOGY. —Not later than 6 months after the Commission first adopts voluntary voting system guidelines under part 3 of subtitle A, the Director of the National Institute of Standards and Technology shall conduct an evaluation of independent, non-Federal laboratories and shall submit to the Commission a list of those laboratories the Director proposes to be accredited to carry out the testing, certification, decertification, and recertification provided for under this section. (2) APPROVAL BY COMMISSION.— (A) IN GENERAL.— The Commission shall vote on the accreditation of any laboratory under this section, taking into consideration the list submitted under paragraph (1), and no laboratory may be accredited for purposes of this section unless its accreditation is approved by a vote of the Commission. (B) ACCREDITATION LABORATORIES NOT ON DIRECTOR LIST. —The Commission shall publish an explanation for Publication, the accreditation of any laboratory not included on the list submitted by the Director of the National Institute of Standards and Technology under paragraph (1). (c) CONTINUING REVIEW BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— (1) IN GENERAL.—In cooperation with the Commission and in consultation with the Standards Board and the Board of Advisors, the Director of the National Institute of Standards and Technology shall monitor and review, on an ongoing basis, the performance of the laboratories accredited by the Commission under this section, and shall make such recommendations to the Commission as it considers appropriate with respect to the continuing accreditation of such laboratories, including recommendations to revoke the accreditation of any such laboratory. (2) APPROVAL BY COMMISSION REQUIRED FOR REVOCATION. — The accreditation of a laboratory for purposes of this section may not be revoked unless the revocation is approved by a vote of the Commission. (d) TRANSITION. —Until such time as the Commission provides for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section, the accreditation of laboratories and the procedure for the testing, certification, decertification, and recertification of voting system hardware and software used as of the date of the enactment of this Act shall remain in effect.
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