[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        April 11, 2002.
    Resolved, That the bill from the House of Representatives (H.R. 
3295) entitled ``An Act to establish a program to provide funds to 
States to replace punch card voting systems, to establish the Election 
Assistance Commission to assist in the administration of Federal 
elections and to otherwise provide assistance with the administration 
of certain Federal election laws and programs, to establish minimum 
election administration standards for States and units of local 
government with responsibility for the administration of Federal 
elections, and for other purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Martin Luther 
King, Jr. Equal Protection of Voting Rights Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

    TITLE I--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND 
                      ADMINISTRATION REQUIREMENTS

Sec. 101. Voting systems standards.
Sec. 102. Provisional voting and voting information requirements.
Sec. 103. Computerized statewide voter registration list requirements 
                            and requirements for voters who register by 
                            mail.
Sec. 104. Enforcement by the Civil Rights Division of the Department of 
                            Justice.
Sec. 105. Minimum Standards.

                        TITLE II--GRANT PROGRAMS

   Subtitle A--Uniform and Nondiscriminatory Election Technology and 
               Administration Requirements Grant Program

Sec. 201. Establishment of the Uniform and Nondiscriminatory Election 
                            Technology and Administration Requirements 
                            Grant Program.
Sec. 202. State plans.
Sec. 203. Application.
Sec. 204. Approval of applications.
Sec. 205. Authorized activities.
Sec. 206. Payments.
Sec. 207. Audits and examinations of States and localities.
Sec. 208. Reports to Congress and the Attorney General.
Sec. 209. Authorization of appropriations.
Sec. 210. Effective date.

      Subtitle B--Federal Election Reform Incentive Grant Program

Sec. 211. Establishment of the Federal Election Reform Incentive Grant 
                            Program.
Sec. 212. Application.
Sec. 213. Approval of applications.
Sec. 214. Authorized activities.
Sec. 215. Payments; Federal share.
Sec. 216. Audits and examinations of States and localities.
Sec. 217. Reports to Congress and the Attorney General.
Sec. 218. Authorization of appropriations.
Sec. 219. Effective date.

        Subtitle C--Federal Election Accessibility Grant Program

Sec. 221. Establishment of the Federal Election Accessibility Grant 
                            Program.
Sec. 222. Application.
Sec. 223. Approval of applications.
Sec. 224. Authorized activities.
Sec. 225. Payments; Federal share.
Sec. 226. Audits and examinations of States and localities.
Sec. 227. Reports to Congress and the Attorney General.
Sec. 228. Authorization of appropriations.
Sec. 229. Effective date.

           Subtitle D--National Student/Parent Mock Election

Sec. 231. National Student/Parent Mock Election.
Sec. 232. Authorization of appropriations.

                       TITLE III--ADMINISTRATION

             Subtitle A--Election Administration Commission

Sec. 301. Establishment of the Election Administration Commission.
Sec. 302. Membership of the Commission.
Sec. 303. Duties of the Commission.
Sec. 304. Meetings of the Commission.
Sec. 305. Powers of the Commission.
Sec. 306. Commission personnel matters.
Sec. 307. Authorization of appropriations.

                   Subtitle B--Transition Provisions

Sec. 311. Equal Protection of Voting Rights Act of 2001.
Sec. 312. Federal Election Campaign Act of 1971.
Sec. 313. National Voter Registration Act of 1993.
Sec. 314. Transfer of property, records, and personnel.
Sec. 315. Coverage of Election Administration Commission under certain 
                            laws and programs.
Sec. 316. Effective date; transition.

 Subtitle C--Advisory Committee on Electronic Voting and the Electoral 
                                Process

Sec. 321. Establishment of Committee.
Sec. 322. Duties of the Committee.
Sec. 323. Powers of the Committee.
Sec. 324. Committee personnel matters.
Sec. 325. Termination of the Committee.
Sec. 326. Authorization of appropriations.

              TITLE IV--UNIFORMED SERVICES ELECTION REFORM

Sec. 401. Standard for invalidation of ballots cast by absent uniformed 
                            services voters in Federal elections.
Sec. 402. Maximization of access of recently separated uniformed 
                            services voters to the polls.
Sec. 403. Prohibition of refusal of voter registration and absentee 
                            ballot applications on grounds of early 
                            submission.
Sec. 404. Distribution of Federal military voter laws to the States.
Sec. 405. Effective dates.
Sec. 406. Study and report on permanent registration of overseas 
                            voters; distribution of overseas voting 
                            information by a single State office; study 
                            and report on expansion of single State 
                            office duties.
Sec. 407. Report on absentee ballots transmitted and received after 
                            general elections.
Sec. 408. Other requirements to promote participation of overseas and 
                            absent uniformed services voters.
Sec. 409. Study and report on the development of a standard oath for 
                            use with overseas voting materials.
Sec. 410. Study and report on prohibiting notarization requirements.

               TITLE V--CRIMINAL PENALTIES; MISCELLANEOUS

Sec. 501. Review and report on adequacy of existing electoral fraud 
                            statutes and penalties.
Sec. 502. Other criminal penalties.
Sec. 503. Use of social security numbers for voter registration and 
                            election administration.
Sec. 504. Delivery of mail from overseas preceding Federal elections.
Sec. 505. State responsibility to guarantee military voting rights.
Sec. 506. Sense of the Senate regarding State and local input into 
                            changes made to the electoral process.
Sec. 507. Study and report on free absentee ballot postage
Sec. 508. Help America vote college program
Sec. 509. Relationship to other laws.
Sec. 510. Voters with disabilities.
Sec. 511. Election day holiday study.
Ses. 512. Sense of the Senate on compliance with election technology 
                            and administration requirements.
Ses. 513. Broadcasting false election information.
Ses. 514. Sense of the Senate regarding changes made to the electoral 
                            process and how such changes impact States.

    TITLE I--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND 
                      ADMINISTRATION REQUIREMENTS

SEC. 101. VOTING SYSTEMS STANDARDS.

    (a) Requirements.--Each voting system used in an election for 
Federal office shall meet the following requirements:
            (1) In general.--
                    (A) Except as provided in subparagraph (B), the 
                voting system (including any lever voting system, 
                optical scanning voting system, or direct recording 
                electronic system) shall--
                            (i) permit the voter to verify the votes 
                        selected by the voter on the ballot before the 
                        ballot is cast and counted;
                            (ii) provide the voter with the opportunity 
                        to change the ballot or correct any error 
                        before the ballot is cast and counted 
                        (including the opportunity to correct the error 
                        through the issuance of a replacement ballot if 
                        the voter was otherwise unable to change the 
                        ballot or correct any error); and
                            (iii) if the voter selects votes for more 
                        than 1 candidate for a single office, the 
                        voting system shall--
                                    (I) notify the voter that the voter 
                                has selected more than 1 candidate for 
                                a single office on the ballot;
                                    (II) notify the voter before the 
                                ballot is cast and counted of the 
                                effect of casting multiple votes for 
                                the office; and
                                    (III) provide the voter with the 
                                opportunity to correct the ballot 
                                before the ballot is cast and counted.
                    (B) A State or locality that uses a paper ballot 
                voting system, a punchcard voting system, or a central 
                count voting system (including mail-in absentee ballots 
                or mail-in ballots), may meet the requirements of 
                subparagraph (A) by--
                            (i) establishing a voter education program 
                        specific to that voting system that notifies 
                        each voter of the effect of casting multiple 
                        votes for an office; and
                            (ii) providing the voter with instructions 
                        on how to correct the ballot before it is cast 
                        and counted (including instructions on how to 
                        correct the error through the issuance of a 
                        replacement ballot if the voter was otherwise 
                        unable to change the ballot or correct any 
                        error).
                    (C) The voting system shall ensure that any 
                notification required under this paragraph preserves 
                the privacy of the voter and the confidentiality of the 
                ballot.
            (2) Audit capacity.--
                    (A) In General.--The voting system shall produce a 
                record with an audit capacity for such system.
                    (B) Manual audit capacity.--
                            (i) Permanent paper record.--The voting 
                        system shall produce a permanent paper record 
                        with a manual audit capacity for such system.
                            (ii) Correction of errors.--The voting 
                        system shall provide the voter with an 
                        opportunity to change the ballot or correct any 
                        error before the permanent paper record is 
                        produced.
                            (iii) Official record for recounts.--The 
                        printed record produced under subparagraph (A) 
                        shall be available as an official record for 
                        any recount conducted with respect to any 
                        election for Federal office in which the system 
                        is used.
            (3) Accessibility for individuals with disabilities.--The 
        voting system shall--
                    (A) be accessible for individuals with 
                disabilities, including nonvisual accessibility for the 
                blind and visually impaired, in a manner that provides 
                the same opportunity for access and participation 
                (including privacy and independence) as for other 
                voters;
                    (B) satisfy the requirement of subparagraph (A) 
                through the use of at least 1 direct recording 
                electronic voting system or other voting system 
                equipped for individuals with disabilities at each 
                polling place; and
                    (C) meet the voting system standards for disability 
                access if purchased with funds made available under 
                title II on or after January 1, 2007.
            (4) Multilingual voting materials.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the voting system shall provide alternative 
                language accessibility--
                            (i) with respect to a language other than 
                        English in a State or jurisdiction if, as 
                        determined by the Director of the Bureau of the 
                        Census--
                                    (I)(aa) at least 5 percent of the 
                                total number of voting-age citizens who 
                                reside in such State or jurisdiction 
                                speak that language as their first 
                                language and who are limited-English 
                                proficient; or
                                    (bb) there are at least 10,000 
                                voting-age citizens who reside in that 
                                jurisdiction who speak that language as 
                                their first language and who are 
                                limited-English proficient; and
                                    (II) the illiteracy rate of the 
                                group of citizens who speak that 
                                language is higher than the national 
                                illiteracy rate; or
                            (ii) with respect to a language other than 
                        English that is spoken by Native American or 
                        Alaskan native citizens in a jurisdiction that 
                        contains all or any part of an Indian 
                        reservation if, as determined by the Director 
                        of the Bureau of the Census--
                                    (I) at least 5 percent of the total 
                                number of citizens on the reservation 
                                are voting-age Native American or 
                                Alaskan native citizens who speak that 
                                language as their first language and 
                                who are limited-English proficient; and
                                    (II) the illiteracy rate of the 
                                group of citizens who speak that 
                                language is higher than the national 
                                illiteracy rate.
                    (B) Exceptions.--
                            (i) If a State meets the criteria of item 
                        (aa) of subparagraph (A)(i)(I) with respect to 
                        a language, a jurisdiction of that State shall 
                        not be required to provide alternative language 
                        accessibility under this paragraph with respect 
                        to that language if--
                                    (I) less than 5 percent of the 
                                total number of voting-age citizens who 
                                reside in that jurisdiction speak that 
                                language as their first language and 
                                are limited-English proficient; and
                                    (II) the jurisdiction does not meet 
                                the criteria of item (bb) of such 
                                subparagraph with respect to that 
                                language.
                            (ii) A State or locality that uses a lever 
                        voting system and that would be required to 
                        provide alternative language accessibility 
                        under the preceding provisions of this 
                        paragraph with respect to an additional 
                        language that was not included in the voting 
                        system of the State or locality before the date 
                        of enactment of this Act may meet the 
                        requirements of this paragraph with respect to 
                        such additional language by providing 
                        alternative language accessibility through the 
                        voting systems used to meet the requirement of 
                        paragraph (3)(B) if--
                                    (I) it is not practicable to add 
                                the alternative language to the lever 
                                voting system or the addition of the 
                                language would cause the voting system 
                                to become more confusing or difficult 
                                to read for other voters;
                                    (II) the State or locality has 
                                filed a request for a waiver with the 
                                Office of Election Administration of 
                                the Federal Election Commission or, 
                                after the transition date (as defined 
                                in section 316(a)(2)), with the 
                                Election Administration Commission, 
                                that describes the need for the waiver 
                                and how the voting system under 
                                paragraph (3)(B) would provide 
                                alternative language accessibility; and
                                    (III) the Office of Election 
                                Administration or the Election 
                                Administration Commission (as 
                                appropriate) has approved the request 
                                filed under subclause (II).
            (5) Error rates.--The error rate of the voting system in 
        counting ballots (determined by taking into account only those 
        errors which are attributable to the voting system and not 
        attributable to an act of the voter) shall not exceed the error 
        rate standards established under the voting systems standards 
        issued and maintained by the Director of the Office of Election 
        Administration of the Federal Election Commission (as revised 
        by the Director of such Office under subsection (c)).
    (b) Voting System Defined.--In this section, the term ``voting 
system'' means--
            (1) the total combination of mechanical, electromechanical, 
        or electronic equipment (including the software, firmware, and 
        documentation required to program, control, and support the 
        equipment) that is used--
                    (A) to define ballots;
                    (B) to cast and count votes;
                    (C) to report or display election results; and
                    (D) to maintain and produce any audit trail 
                information;
            (2) the practices and associated documentation used--
                    (A) to identify system components and versions of 
                such components;
                    (B) to test the system during its development and 
                maintenance;
                    (C) to maintain records of system errors and 
                defects;
                    (D) to determine specific system changes to be made 
                to a system after the initial qualification of the 
                system; and
                    (E) to make available any materials to the voter 
                (such as notices, instructions, forms, or paper 
                ballots).
    (c) Administration by the Office of Election Administration.--
            (1) In general.--Not later than January 1, 2004, the 
        Director of the Office of Election Administration of the 
        Federal Election Commission, in consultation with the 
        Architectural and Transportation Barriers Compliance Board (as 
        established under section 502 of the Rehabilitation Act of 1973 
        (29 U.S.C. 792)) and the Director of the National Institute of 
        Standards and Technology, shall promulgate standards revising 
        the voting systems standards issued and maintained by the 
        Director of such Office so that such standards meet the 
        requirements established under subsection (a).
            (2) Quadrennial review.--The Director of the Office of 
        Election Administration of the Federal Election Commission, in 
        consultation with the Architectural and Transportation Barriers 
        Compliance Board and the Director of the National Institute of 
        Standards and Technology, shall review the voting systems 
        standards revised under paragraph (1) no less frequently than 
        once every 4 years.
    (d) Construction.--Nothing in this section shall require a 
jurisdiction to change the voting system or systems (including paper 
balloting systems, including in-person, absentee, and mail-in paper 
balloting systems, lever machine systems, punchcard systems, optical 
scanning systems, and direct recording electronic systems) used in an 
election in order to be in compliance with this Act.
    (e) Effective Date.--Each State and locality shall be required to 
comply with the requirements of this section on and after January 1, 
2006.

SEC. 102. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.

    (a) Requirements.--If an individual declares that such individual 
is a registered voter in the jurisdiction in which the individual 
desires to vote and that the individual is eligible to vote in an 
election for Federal office, but the name of the individual does not 
appear on the official list of eligible voters for the polling place, 
or an election official asserts that the individual is not eligible to 
vote, such individual shall be permitted to cast a provisional ballot 
as follows:
            (1) An election official at the polling place shall notify 
        the individual that the individual may cast a provisional 
        ballot in that election.
            (2) The individual shall be permitted to cast a provisional 
        ballot at that polling place upon the execution of a written 
        affirmation by the individual before an election official at 
        the polling place stating that the individual is--
                    (A) a registered voter in the jurisdiction in which 
                the individual desires to vote; and
                    (B) eligible to vote in that election.
            (3) An election official at the polling place shall 
        transmit the ballot cast by the individual or voter information 
        contained in the written affirmation executed by the individual 
        under paragraph (2) to an appropriate State or local election 
        official for prompt verification under paragraph (4).
            (4) If the appropriate State or local election official to 
        whom the ballot or voter information is transmitted under 
        paragraph (3) determines that the individual is eligible under 
        State law to vote in the jurisdiction, the individual's 
        provisional ballot shall be counted as a vote in that election.
            (5) At the time that an individual casts a provisional 
        ballot, the appropriate State or local election official shall 
        give the individual written information that states that any 
        individual who casts a provisional ballot will be able to 
        ascertain through a free access system (such as a toll-free 
        telephone number or an Internet website) whether the vote was 
        counted, and, if the vote was not counted, the reason that the 
        vote was not counted.
            (6) The appropriate State or local election official shall 
        establish a free access system (such as a toll-free telephone 
        number or an Internet website) that any individual who casts a 
        provisional ballot may access to discover whether the vote of 
        that individual was counted, and, if the vote was not counted, 
        the reason that the vote was not counted.
States described in section 4(b) of the National Voter Registration Act 
of 1993 (42 U.S.C. 1973gg-2(b)) may meet the requirements of this 
subsection using voter registration procedures established under 
applicable State law. The appropriate State or local official shall 
establish and maintain reasonable procedures necessary to protect the 
security, confidentiality, and integrity of personal information 
collected, stored, or otherwise used by the free access system 
established under paragraph (6)(B). Access to information about an 
individual provisional ballot shall be restricted to the individual who 
cast the ballot.
    (b) Voting Information Requirements.--
            (1) Public posting on election day.--The appropriate State 
        or local election official shall cause voting information to be 
        publicly posted at each polling place on the day of each 
        election for Federal office.
            (2) Voting information defined.--In this section, the term 
        ``voting information'' means--
                    (A) a sample version of the ballot that will be 
                used for that election;
                    (B) information regarding the date of the election 
                and the hours during which polling places will be open;
                    (C) instructions on how to vote, including how to 
                cast a vote and how to cast a provisional ballot;
                    (D) instructions for mail-in registrants and first-
                time voters under section 103(b); and
                    (E) general information on voting rights under 
                applicable Federal and State laws, including 
                information on the right of an individual to cast a 
                provisional ballot and instructions on how to contact 
                the appropriate officials if these rights are alleged 
                to have been violated.
    (c) Voters Who Vote After the Polls Close.--Any individual who 
votes in an election for Federal office for any reason, including a 
Federal or State court order, after the time set for closing the polls 
by a State law in effect 10 days before the date of that election may 
only vote in that election by casting a provisional ballot under 
subsection (a).
    (d) Administration by the Civil Rights Division.--Not later than 
January 1, 2003, the Assistant Attorney General in charge of the Civil 
Rights Division of the Department of Justice shall promulgate such 
guidelines as are necessary to implement the requirements of subsection 
(a).
    (e) Effective Date.--
            (1) Provisional voting.--Each State and locality shall be 
        required to comply with the requirements of subsection (a) on 
        and after January 1, 2004.
            (2) Voting information.--Each State and locality shall be 
        required to comply with the requirements of subsection (b) on 
        and after the date of enactment of this Act.

SEC. 103. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS 
              AND REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.

    (a) Computerized Statewide Voter Registration List Requirements.--
            (1) Implementation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each State, acting through the chief State 
                election official, shall implement an interactive 
                computerized statewide voter registration list that 
                contains the name and registration information of every 
                legally registered voter in the State and assigns a 
                unique identifier to each legally registered voter in 
                the State (in this subsection referred to as the 
                ``computerized list'').
                    (B) Exception.--The requirement under subparagraph 
                (A) shall not apply to a State in which, under a State 
                law in effect continuously on and after the date of 
                enactment of this Act, there is no voter registration 
                requirement for individuals in the State with respect 
                to elections for Federal office.
            (2) Access.--The computerized list shall be accessible to 
        each State and local election official in the State.
            (3) Computerized list maintenance.--
                    (A) In general.--The appropriate State or local 
                election official shall perform list maintenance with 
                respect to the computerized list on a regular basis as 
                follows:
                            (i) If an individual is to be removed from 
                        the computerized list, such individual shall be 
                        removed in accordance with the provisions of 
                        the National Voter Registration Act of 1993 (42 
                        U.S.C. 1973gg et seq.), including subsections 
                        (a)(4), (c)(2), (d), and (e) of section 8 of 
                        such Act (42 U.S.C. 1973gg-6).
                            (ii) For purposes of removing names of 
                        ineligible voters from the official list of 
                        eligible voters--
                                    (I) under section 8(a)(3)(B) of 
                                such Act (42 U.S.C. 1973gg-6(a)(3)(B)), 
                                the State shall coordinate the 
                                computerized list with State agency 
                                records on felony status; and
                                    (II) by reason of the death of the 
                                registrant under section 8(a)(4)(A) of 
                                such Act (42 U.S.C. 1973gg-6(a)(4)(A)), 
                                the State shall coordinate the 
                                computerized list with State agency 
                                records on death.
                            (iii) Notwithstanding the preceding 
                        provisions of this subparagraph, if a State is 
                        described in section 4(b) of the National Voter 
                        Registration Act of 1993 (42 U.S.C. 1973gg-
                        2(b)), that State shall remove the names of 
                        ineligible voters from the computerized list in 
                        accordance with State law.
                    (B) Conduct.--The list maintenance performed under 
                subparagraph (A) shall be conducted in a manner that 
                ensures that--
                            (i) the name of each registered voter 
                        appears in the computerized list;
                            (ii) only voters who are not registered or 
                        who are not eligible to vote are removed from 
                        the computerized list; and
                            (iii) duplicate names are eliminated from 
                        the computerized list.
            (4) Technological security of computerized list.--The 
        appropriate State or local official shall provide adequate 
        technological security measures to prevent the unauthorized 
        access to the computerized list established under this section.
            (5) Interaction with federal information.--
                    (A) Access to federal information.--
                            (i) In general.--Notwithstanding any other 
                        provision of law, the Commissioner of Social 
                        Security shall provide, upon request from a 
                        State or locality maintaining a computerized 
                        centralized list implemented under paragraph 
                        (1), only such information as is necessary to 
                        determine the eligibility of an individual to 
                        vote in such State or locality under the law of 
                        the State. Any State or locality that receives 
                        information under this clause may only share 
                        such information with election officials.
                            (ii) Procedure.--The information under 
                        clause (i) shall be provided in such place and 
                        such manner as the Commissioner determines 
                        appropriate to protect and prevent the misuse 
                        of information.
                    (B) Applicable information.--For purposes of this 
                subsection, the term ``applicable information'' means 
                information regarding whether--
                            (i) the name and social security number of 
                        an individual provided to the Commissioner 
                        match the information contained in the 
                        Commissioner's records; and
                            (ii) such individual is shown on the 
                        records of the Commissioner as being deceased.
                    (C) Exception.--Subparagraph (A) shall not apply to 
                any request for a record of an individual if the 
                Commissioner determines there are exceptional 
                circumstances warranting an exception (such as safety 
                of the individual or interference with an 
                investigation).
    (b) Requirements for Voters Who Register by Mail.--
            (1) In general.--Notwithstanding section 6(c) of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c)) 
        and subject to paragraph (3), a State shall require an 
        individual to meet the requirements of paragraph (2) if--
                    (A) the individual registered to vote in a 
                jurisdiction by mail; and
                    (B)(i) the individual has not previously voted in 
                an election for Federal office in the State; or
                    (ii) the individual has not previously voted in 
                such an election in the jurisdiction and the 
                jurisdiction is located in a State that does not have a 
                computerized list that complies with the requirements 
                of section 103(a).
            (2) Requirements.--
                    (A) In general.--An individual meets the 
                requirements of this paragraph if the individual--
                            (i) in the case of an individual who votes 
                        in person--
                                    (I) presents to the appropriate 
                                State or local election official a 
                                current and valid photo identification; 
                                or
                                    (II) presents to the appropriate 
                                State or local election official a copy 
                                of a current utility bill, bank 
                                statement, Government check, paycheck, 
                                or other Government document that shows 
                                the name and address of the voter; or
                            (ii) in the case of an individual who votes 
                        by mail, submits with the ballot--
                                    (I) a copy of a current and valid 
                                photo identification; or
                                    (II) a copy of a current utility 
                                bill, bank statement, Government check, 
                                paycheck, or other Government document 
                                that shows the name and address of the 
                                voter.
                    (B) Fail-safe voting.--
                            (i) In person.--An individual who desires 
                        to vote in person, but who does not meet the 
                        requirements of subparagraph (A)(i), may cast a 
                        provisional ballot under section 102(a).
                            (ii) By mail.--An individual who desires to 
                        vote by mail but who does not meet the 
                        requirements of subparagraph (A)(ii) may cast 
                        such a ballot by mail and the ballot shall be 
                        counted as a provisional ballot in accordance 
                        with section 102(a).
            (3) Inapplicability.--Paragraph (1) shall not apply in the 
        case of a person--
                    (A) who registers to vote by mail under section 6 
                of the National Voter Registration Act of 1993 (42 
                U.S.C. 1973gg-4) and submits as part of such 
                registration either--
                            (i) a copy of a current valid photo 
                        identification; or
                            (ii) a copy of a current utility bill, bank 
                        statement, Government check, paycheck, or 
                        Government document that shows the name and 
                        address of the voter;
                    (B)(i) who registers to vote by mail under section 
                6 of the National Voter Registration Act of 1993 (42 
                U.S.C. 1973gg-4) and submits with such registration 
                either--
                            (I) a driver's license number; or
                            (II) at least the last 4 digits of the 
                        individual's social security number; and
                    (ii) with respect to whom a State or local election 
                official certifies that the information submitted under 
                clause (i) matches an existing State identification 
                record bearing the same number, name and date of birth 
                as provided in such registration; or
                    (C) who is--
                            (i) entitled to vote by absentee ballot 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act (42 U.S.C. 1973ff-1 et 
                        seq.);
                            (ii) provided the right to vote otherwise 
                        than in person under section 3(b)(2)(B)(ii) of 
                        the Voting Accessibility for the Elderly and 
                        Handicapped Act (42 U.S.C. 1973ee-
                        1(b)(2)(B)(ii)); or
                            (iii) entitled to vote otherwise than in 
                        person under any other Federal law.
            (4) Contents of mail-in registration form.--The mail voter 
        registration form developed under section 6 of the National 
        Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) shall 
        include:
                    (A) The question ``Are you a citizen of the United 
                States of America?'' and boxes for the applicant to 
                check to indicate whether the applicant is or is not a 
                citizen of the United States.
                    (B) The question ``Will you be 18 years of age on 
                or before election day?'' and boxes for the applicant 
                to check to indicate whether or not the applicant will 
                be 18 or older on election day.
                    (C) The statement ``If you checked `no' in response 
                to either of these questions, do not complete this 
                form''.
            (5) Construction.--Nothing in this subsection shall be 
        construed to require a State that was not required to comply 
        with a provision of the National Voter Registration Act of 1993 
        (42 U.S.C. 1973gg et seq.) before the date of enactment of this 
        Act to comply with such a provision after such date.
    (c) Administration by the Civil Rights Division.--Not later than 
October 1, 2003, the Assistant Attorney General in charge of the Civil 
Rights Division of the Department of Justice shall promulgate such 
guidelines as are necessary to implement the requirements of subsection 
(a).
    (d) Effective Date.--
            (1) Computerized statewide voter registration list 
        requirements.--Each State and locality shall be required to 
        comply with the requirements of subsection (a) on and after 
        January 1, 2004.
            (2) Requirement for voters who register by mail.--
                    (A) In general.--Each State and locality shall be 
                required to comply with the requirements of subsection 
                (b) on and after January 1, 2004, and shall be prepared 
                to receive registration materials submitted by 
                individuals described in subparagraph (B) on and after 
                the date described in such subparagraph.
                    (B) Applicability with respect to individuals.--The 
                provisions of section (b) shall apply to any individual 
                who registers to vote on or after January 1, 2003.

SEC. 104. ENFORCEMENT BY THE CIVIL RIGHTS DIVISION OF THE DEPARTMENT OF 
              JUSTICE.

    (a) In General.--Subject to subsection (b), the Attorney General, 
acting through the Assistant Attorney General in charge of the Civil 
Rights Division of the Department of Justice, may bring a civil action 
in an appropriate district court for such declaratory or injunctive 
relief as may be necessary to carry out this title.
    (b) Safe Harbor.--
            (1) In general.--Except as provided in paragraph (2), if a 
        State or locality receives funds under a grant program under 
        subtitle A or B of title II for the purpose of meeting a 
        requirement under section 101, 102, or 103, such State or 
        locality shall be deemed to be in compliance with such 
        requirement until January 1, 2010, and no action may be brought 
        under this Act against such State or locality on the basis that 
        the State or locality is not in compliance with such 
        requirement before such date.
            (2) Exception.--The safe harbor provision under paragraph 
        (1) shall not apply with respect to the requirement described 
        in section 101(a)(3).
    (c) Relation to Other Laws.--The remedies established by this 
section are in addition to all other rights and remedies provided by 
law.

SEC. 105. MINIMUM STANDARDS.

    The requirements established by this title are minimum requirements 
and nothing in this title shall be construed to prevent a State from 
establishing election technology and administration requirements, that 
are more strict than the requirements established under this title, so 
long as such State requirements are not inconsistent with the Federal 
requirements under this title or any law described in section 509.

                        TITLE II--GRANT PROGRAMS

   Subtitle A--Uniform and Nondiscriminatory Election Technology and 
               Administration Requirements Grant Program

SEC. 201. ESTABLISHMENT OF THE UNIFORM AND NONDISCRIMINATORY ELECTION 
              TECHNOLOGY AND ADMINISTRATION REQUIREMENTS GRANT PROGRAM.

    (a) In General.--There is established a Uniform and 
Nondiscriminatory Election Technology and Administration Requirements 
Grant Program under which the Attorney General, subject to the general 
policies and criteria for the approval of applications established 
under section 204 and in consultation with the Federal Election 
Commission and the Architectural and Transportation Barriers Compliance 
Board (as established under section 502 of the Rehabilitation Act of 
1973 (29 U.S.C. 792)), is authorized to make grants to States and 
localities to pay the costs of the activities described in section 205.
    (b) Action Through Office of Justice Programs and Civil Rights 
Division.--In carrying out this subtitle, the Attorney General shall 
act through the Assistant Attorney General in charge of the Office of 
Justice Programs of the Department of Justice and the Assistant 
Attorney General in charge of the Civil Rights Division of that 
Department.

SEC. 202. STATE PLANS.

    (a) In General.--Each State that desires to receive a grant under 
this subtitle shall develop a State plan, in consultation with State 
and local election officials of that State, that provides for each of 
the following:
            (1) Uniform and nondiscriminatory election technology and 
        administration requirements.--A description of how the State 
        will use the funds made available under this subtitle to meet 
        each of the following requirements:
                    (A) The voting system standards under section 101.
                    (B) The provisional voting requirements under 
                section 102.
                    (C) The computerized statewide voter registration 
                list requirements under section 103(a), including a 
                description of--
                            (i) how State and local election officials 
                        will ensure the accuracy of the list of 
                        eligible voters in the State to ensure that 
                        only registered voters appear in such list; and
                            (ii) the precautions that the State will 
                        take to prevent the removal of eligible voters 
                        from the list.
                    (D) The requirements for voters who register by 
                mail under section 103(b), including the steps that the 
                State will take to ensure--
                            (i) the accuracy of mail-in and absentee 
                        ballots; and
                            (ii) that the use of mail-in and absentee 
                        ballots does not result in duplicate votes.
            (2) Identification, deterrence, and investigation of voting 
        fraud.--An assessment of the susceptibility of elections for 
        Federal office in the State to voting fraud and a description 
        of how the State intends to identify, deter, and investigate 
        such fraud.
            (3) Compliance with existing federal law.--Assurances that 
        the State will comply with existing Federal laws, as such laws 
        relate to the provisions of this Act, including the following:
                    (A) The Voting Rights Act of 1965 (42 U.S.C. 1973 
                et seq.), including sections 4(f)(4) and 203 of such 
                Act (42 U.S.C. 1973b(f)(4) and 1973aa-1a).
                    (B) The Voting Accessibility for the Elderly and 
                Handicapped Act (42 U.S.C. 1973ee et seq.).
                    (C) The Uniformed and Overseas Citizens Absentee 
                Voting Act (42 U.S.C. 1973ff et seq.).
                    (D) The National Voter Registration Act of 1993 (42 
                U.S.C. 1973gg et seq.).
                    (E) The Rehabilitation Act of 1973 (29 U.S.C. 701 
                et seq.).
            (4) Timetable.--A timetable for meeting the elements of the 
        State plan.
    (b) Availability of State Plans for Review and Comment.--A State 
shall make the State plan developed under subsection (a) available for 
public review and comment before the submission of an application under 
section 203(a).

SEC. 203. APPLICATION.

    (a) In General.--Each State or locality that desires to receive a 
grant under this subtitle shall submit an application to the Attorney 
General at such time and in such manner as the Attorney General may 
require, and containing the information required under subsection (b) 
and such other information as the Attorney General may require.
    (b) Contents.--
            (1) States.--Each application submitted by a State shall 
        contain the State plan developed under section 202 and a 
        description of how the State proposes to use funds made 
        available under this subtitle to implement such State plan.
            (2) Localities.--Each application submitted by a locality 
        shall contain a description of how the locality proposes to use 
        the funds made available under this subtitle in a manner that 
        is consistent with the State plan developed under section 202.
    (c) Safe Harbor.--No action may be brought under this Act against a 
State or locality on the basis of any information contained in the 
application submitted under subsection (a), including any information 
contained in the State plan developed under section 202.

SEC. 204. APPROVAL OF APPLICATIONS.

    The Attorney General shall establish general policies and criteria 
with respect to the approval of applications submitted by States and 
localities under section 203(a) (including a review of State plans 
developed under section 202), the awarding of grants under this 
subtitle, and the use of assistance made available under this subtitle.

SEC. 205. AUTHORIZED ACTIVITIES.

    A State or locality may use grant payments received under this 
subtitle for any of the following purposes:
            (1) To implement voting system standards that meet the 
        requirements of section 101.
            (2) To provide for provisional voting that meets the 
        requirements of section 102(a) and to meet the voting 
        information requirements under section 102(b).
            (3) To establish a computerized statewide voter 
        registration list that meets the requirements of section 103(a) 
        and to meet the requirements for voters who register by mail 
        under section 103(b).

SEC. 206. PAYMENTS.

    (a) Payments .--
            (1) In general.--Subject to paragraph (2), the Attorney 
        General shall pay to each State having an application approved 
        under section 203 the cost of the activities described in that 
        application.
            (2) Initial payment amount.--The Attorney General shall pay 
        to each State that submits an application under section 203 an 
        amount equal to 0.5 percent of the amount appropriated under 
        section 209 for the fiscal year during which such application 
        is submitted to be used by such State for the activities 
        authorized under section 205.
    (b) Retroactive Payments.-- The Attorney General may make 
retroactive payments to States and localities having an application 
approved under section 203 for any costs for election technology or 
administration that meets a requirement of section 101, 102, or 103 
that were incurred during the period beginning on January 1, 2001, and 
ending on the date on which such application was approved under such 
section. A State or locality that is engaged in a multi-year contract 
entered into prior to January 1, 2001, is eligible to apply for a grant 
under section 203 for payments made on or after January 1, 2001, 
pursuant to that contract.
    (c) Protection and Advocacy Systems.--
            (1) In general.--In addition to any other payments made 
        under this section, the Attorney General shall pay the 
        protection and advocacy system (as defined in section 102 of 
        the Developmental Disabilities Assistance and Bill of Rights 
        Act of 2000 (42 U.S.C. 15002)) of each State to ensure full 
        participation in the electoral process for individuals with 
        disabilities, including registering to vote, casting a vote and 
        accessing polling places. In providing such services, 
        protection and advocacy systems shall have the same general 
        authorities as they are afforded under part C of the 
        Developmental Disabilities Assistance and Bill of Rights Act of 
        2000 (42 U.S.C. 15041 et seq.).
            (2) Minimum grant amount.--The minimum amount of each grant 
        to a protection and advocacy system shall be determined and 
        allocated as set forth in subsections (c)(3), (c)(4), (c)(5), 
        (e), and (g) of section 509 of the Rehabilitation Act of 1973 
        (29 U.S.C. 794e), except that the amount of the grants to 
        systems referred to in subsections (c)(3)(B) and (c)(4)(B) of 
        that section shall be not less than $70,000 and $35,000, 
        respectively.

SEC. 207. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.

    (a) Recordkeeping Requirement.--Each recipient of a grant under 
this subtitle shall keep such records as the Attorney General, in 
consultation with the Federal Election Commission, shall prescribe.
    (b) Audits and Examinations.--The Attorney General and the 
Comptroller General, or any authorized representative of the Attorney 
General or the Comptroller General, may audit or examine any recipient 
of a grant under this subtitle and shall, for the purpose of conducting 
an audit or examination, have access to any record of a recipient of a 
grant under this subtitle that the Attorney General or the Comptroller 
General determines may be related to the grant.

SEC. 208. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.

    (a) Reports to Congress.--
            (1) In general.--Not later than January 31, 2003, and each 
        year thereafter, the Attorney General shall submit to the 
        President and Congress a report on the grant program 
        established under this subtitle for the preceding year.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall contain the following:
                    (A) A description and analysis of any activities 
                funded by a grant awarded under this subtitle.
                    (B) Any recommendation for legislative or 
                administrative action that the Attorney General 
                considers appropriate.
    (b) Reports to the Attorney General.--The Attorney General shall 
require each recipient of a grant under this subtitle to submit reports 
to the Attorney General at such time, in such manner, and containing 
such information as the Attorney General considers appropriate.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out the provisions of this subtitle the following amounts:
            (1) For fiscal year 2003, $1,000,000,000.
            (2) For fiscal year 2004, $1,300,000,000.
            (3) For fiscal year 2005, $500,000,000.
            (4) For fiscal year 2006, $200,000,000.
            (5) For each subsequent fiscal year, such sums as may be 
        necessary.
    (b) Protection and Advocacy Systems.--In addition to any other 
amounts authorized to be appropriated under this section, there are 
authorized to be appropriated $10,000,000 for each of the fiscal years 
2003, 2004, 2005, and 2006, and for each subsequent fiscal year such 
sums as may be necessary, for the purpose of making payments under 
section 206(c): Provided, That none of the funds provided by this 
subsection shall be used to commence any litigation related to 
election-related disability access; notwithstanding the general 
authorities of the protection and advocacy systems are otherwise 
afforded under part C of the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
    (c) Availability.--Any amounts appropriated pursuant to the 
authority of this section shall remain available until expended.

SEC. 210. EFFECTIVE DATE.

    The Attorney General shall establish the general policies and 
criteria for the approval of applications under section 204 in a manner 
that ensures that the Attorney General is able to approve applications 
not later than October 1, 2002.

      Subtitle B--Federal Election Reform Incentive Grant Program

SEC. 211. ESTABLISHMENT OF THE FEDERAL ELECTION REFORM INCENTIVE GRANT 
              PROGRAM.

    (a) In General.--There is established a Federal Election Reform 
Incentive Grant Program under which the Attorney General, subject to 
the general policies and criteria for the approval of applications 
established under section 213(a) and in consultation with the Federal 
Election Commission and the Architectural and Transportation Barriers 
Compliance Board (as established under section 502 of the 
Rehabilitation Act of 1973 (29 U.S.C. 792)), is authorized to make 
grants to States and localities to pay the costs of the activities 
described in section 214.
    (b) Action Through Office of Justice Programs and Civil Rights 
Division.--In carrying out this subtitle, the Attorney General shall 
act through--
            (1) the Assistant Attorney General in charge of the Office 
        of Justice Programs of the Department of Justice; and
            (2) the Assistant Attorney General in charge of the Civil 
        Rights Division of the Department of Justice (in this subtitle 
        referred to as the ``Assistant Attorney General for Civil 
        Rights'').

SEC. 212. APPLICATION.

    (a) In General.--Each State or locality that desires to receive a 
grant under this subtitle shall submit an application to the Attorney 
General at such time, in such manner, and containing such information 
as the Attorney General shall require, consistent with the provisions 
of this section.
    (b) Contents.--Each application submitted under subsection (a) 
shall--
            (1) describe the activities for which assistance under this 
        section is sought;
            (2) contain a request for certification by the Assistant 
        Attorney General for Civil Rights described in subsection (c);
            (3) provide assurances that the State or locality will pay 
        the non-Federal share of the cost of the activities for which 
        assistance is sought from non-Federal sources; and
            (4) provide such additional assurances as the Attorney 
        General determines to be essential to ensure compliance with 
        the requirements of this subtitle.
    (c) Request for Certification by the Civil Rights Division.--
            (1) Compliance with current federal election law.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each request for certification described in 
                subsection (b)(2) shall contain a specific and detailed 
                demonstration that the State or locality is in 
                compliance with each of the following laws, as such 
                laws relate to the provisions of this Act:
                            (i) The Voting Rights Act of 1965 (42 
                        U.S.C. 1973 et seq.), including sections 
                        4(f)(4) and 203 of such Act (42 U.S.C. 
                        1973b(f)(4) and 1973aa-1a).
                            (ii) The Voting Accessibility for the 
                        Elderly and Handicapped Act (42 U.S.C. 1973ee 
                        et seq.).
                            (iii) The Uniformed and Overseas Citizens 
                        Absentee Voting Act (42 U.S.C. 1973ff et seq.).
                            (iv) The National Voter Registration Act of 
                        1993 (42 U.S.C. 1973gg et seq.).
                            (v) The Americans with Disabilities Act of 
                        1990 (42 U.S.C. 1994 et seq.).
                            (vi) The Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.).
                    (B) Applicants unable to meet requirements.--Each 
                State or locality that, at the time it applies for a 
                grant under this subtitle, does not demonstrate that it 
                meets each requirement described in subparagraph (A), 
                shall submit to the Attorney General a detailed and 
                specific demonstration of how the State or locality 
                intends to use grant funds to meet each such 
                requirement.
            (2) Uniform and nondiscriminatory requirements for election 
        technology and administration.--In addition to the 
        demonstration required under paragraph (1), each request for 
        certification described in subsection (b)(2) shall contain a 
        specific and detailed demonstration that the proposed use of 
        grant funds by the State or locality is not inconsistent with 
        the requirements under section 101, 102, or 103.
    (d) Safe Harbor.--No action may be brought under this Act against a 
State or locality on the basis of any information contained in the 
application submitted under subsection (a), including any information 
contained in the request for certification described in subsection (c).

SEC. 213. APPROVAL OF APPLICATIONS.

    (a) In General.--Subject to subsection (b), the Attorney General 
shall establish general policies and criteria for the approval of 
applications submitted under section 212(a).
    (b) Certification Procedure.--
            (1) In general.--The Attorney General may not approve an 
        application of a State or locality submitted under section 
        212(a) unless the Attorney General has received a certification 
        from the Assistant Attorney General for Civil Rights under 
        paragraph (4) with respect to such State or locality.
            (2) Transmittal of request.--Upon receipt of the request 
        for certification submitted under section 212(b)(2), the 
        Attorney General shall transmit such request to the Assistant 
        Attorney General for Civil Rights.
            (3) Certification; noncertification.--
                    (A) Certification.--If the Assistant Attorney 
                General for Civil Rights finds that the request for 
                certification demonstrates that--
                            (i) a State or locality meets the 
                        requirements of subparagraph (A) of section 
                        212(c)(1), or that a State or locality has 
                        provided a detailed and specific demonstration 
                        of how it will use funds received under this 
                        section to meet such requirements under 
                        subparagraph (B) of such section; and
                            (ii) the proposed use of grant funds by the 
                        State or locality meets the requirements of 
                        section 212(c)(2),
                the Assistant Attorney General for Civil Rights shall 
                certify that the State or locality is eligible to 
                receive a grant under this subtitle.
                    (B) Noncertification.--If the Assistant Attorney 
                General for Civil Rights finds that the request for 
                certification does not demonstrate that a State or 
                locality meets the requirements described in 
                subparagraph (A), the Assistant Attorney General for 
                Civil Rights shall not certify that the State or 
                locality is eligible to receive a grant under this 
                subtitle.
            (4) Transmittal of certification.--The Assistant Attorney 
        General for Civil Rights shall transmit to the Attorney General 
        either--
                    (A) a certification under subparagraph (A) of 
                paragraph (3); or
                    (B) a notice of noncertification under subparagraph 
                (B) of such paragraph, together with a report 
                identifying the relevant deficiencies in the State's or 
                locality's system for voting or administering elections 
                for Federal office or in the request for certification 
                submitted by the State or locality.

SEC. 214. AUTHORIZED ACTIVITIES.

    A State or locality may use grant payments received under this 
subtitle--
            (1) to improve, acquire, lease, modify, or replace voting 
        systems and technology and to improve the accessibility of 
        polling places, including providing physical access for 
        individuals with disabilities, providing nonvisual access for 
        individuals with visual impairments, and providing assistance 
        to individuals with limited proficiency in the English 
        language;
            (2) to implement new election administration procedures to 
        increase voter participation and to reduce disenfranchisement, 
        such as ``same-day'' voter registration procedures;
            (3) to educate voters concerning voting procedures, voting 
        rights or voting technology, and to train election officials, 
        poll workers, and election volunteers;
            (4) to implement new election administration procedures 
        such as requiring individuals to present identification at the 
        polls and programs to identify, to deter, and to investigate 
        voting fraud and to refer allegations of voting fraud to the 
        appropriate authority;
            (5) to meet the requirements of current Federal election 
        law in accordance with the demonstration submitted under 
        section 212(c)(1)(B) of such section;
            (6) to establish toll-free telephone hotlines that voters 
        may use to report possible voting fraud and voting rights 
        violations and general election information; or
            (7) to meet the requirements under section 101, 102, or 
        103.

SEC. 215. PAYMENTS; FEDERAL SHARE.

    (a) Payments.--
            (1) In general.--Subject to paragraph (2), the Attorney 
        General shall pay to each State or locality having an 
        application approved under section 213 the Federal share of the 
        costs of the activities described in that application.
            (2) Initial payment amount.--The Attorney General shall pay 
        to each State that submits an application under section 212 an 
        amount equal to 0.5 percent of the amount appropriated under 
        section 218 for the fiscal year in which such application is 
        submitted to be used by such State for the activities 
        authorized under section 214.
            (3) Retroactive payments.--The Attorney General may make 
        retroactive payments to States and localities having an 
        application approved under section 213 for the Federal share of 
        any costs for election technology or administration that meets 
        the requirements of sections 101, 102, and 103 that were 
        incurred during the period beginning on January 1, 2001, and 
        ending on the date on which such application was approved under 
        such section.
    (b) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of the costs shall be a percentage determined by 
        the Attorney General that does not exceed 80 percent.
            (2) Exception.--The Attorney General may provide for a 
        Federal share of greater than 80 percent of the costs for a 
        State or locality if the Attorney General determines that such 
        greater percentage is necessary due to the lack of resources of 
        the State or locality.

SEC. 216. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.

    (a) Recordkeeping Requirement.--Each recipient of a grant under 
this subtitle shall keep such records as the Attorney General, in 
consultation with the Federal Election Commission, shall prescribe.
    (b) Audits and Examinations.--The Attorney General and the 
Comptroller General, or any authorized representative of the Attorney 
General or the Comptroller General, may audit or examine any recipient 
of a grant under this subtitle and shall, for the purpose of conducting 
an audit or examination, have access to any record of a recipient of a 
grant under this subtitle that the Attorney General or the Comptroller 
General determines may be related to the grant.
    (c) Other Audits.--If the Assistant Attorney General for Civil 
Rights has certified a State or locality as eligible to receive a grant 
under this subtitle in order to meet a certification requirement 
described in section 212(c)(1)(A) (as permitted under section 214(5)) 
and such State or locality is a recipient of such a grant, such 
Assistant Attorney General, in consultation with the Federal Election 
Commission shall--
            (1) audit such recipient to ensure that the recipient has 
        achieved, or is achieving, compliance with the certification 
        requirements described in section 212(c)(1)(A); and
            (2) have access to any record of the recipient that the 
        Attorney General determines may be related to such a grant for 
        the purpose of conducting such an audit.

SEC. 217. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.

    (a) Reports to Congress.--
            (1) In general.--Not later than January 31, 2003, and each 
        year thereafter, the Attorney General shall submit to the 
        President and Congress a report on the grant program 
        established under this subtitle for the preceding year.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall contain the following:
                    (A) A description and analysis of any activities 
                funded by a grant awarded under this subtitle.
                    (B) Any recommendation for legislative or 
                administrative action that the Attorney General 
                considers appropriate.
    (b) Reports to the Attorney General.--The Attorney General shall 
require each recipient of a grant under this subtitle to submit reports 
to the Attorney General at such time, in such manner, and containing 
such information as the Attorney General considers appropriate.

SEC. 218. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
$400,000,000 for fiscal year 2002 to carry out the provisions of this 
subtitle.
    (b) Availability.--Any amounts appropriated pursuant to the 
authority of subsection (a) shall remain available without fiscal year 
limitation until expended.

SEC. 219. EFFECTIVE DATE.

    The Attorney General shall establish the general policies and 
criteria for the approval of applications under section 213(a) in a 
manner that ensures that the Attorney General is able to approve 
applications not later than October 1, 2002.

        Subtitle C--Federal Election Accessibility Grant Program

SEC. 221. ESTABLISHMENT OF THE FEDERAL ELECTION ACCESSIBILITY GRANT 
              PROGRAM.

    (a) In General.--There is established a Federal Election 
Accessibility Grant Program under which the Attorney General, subject 
to the general policies and criteria for the approval of applications 
established under section 223 by the Architectural and Transportation 
Barriers Compliance Board (as established under section 502 of the 
Rehabilitation Act of 1973 (29 U.S.C. 792)) (in this subtitle referred 
to as the ``Access Board''), is authorized to make grants to States and 
localities to pay the costs of the activities described in section 224.
    (b) Action Through Office of Justice Programs and Civil Rights 
Division.--In carrying out this subtitle, the Attorney General shall 
act through--
            (1) the Assistant Attorney General in charge of the Office 
        of Justice Programs of the Department of Justice; and
            (2) the Assistant Attorney General in charge of the Civil 
        Rights Division of that Department.

SEC. 222. APPLICATION.

    (a) In General.--Each State or locality that desires to receive a 
grant under this subtitle shall submit an application to the Attorney 
General at such time, in such manner, and containing such information 
as the Attorney General shall require, consistent with the provisions 
of this section.
    (b) Contents.--Each application submitted under subsection (a) 
shall--
            (1) describe the activities for which assistance under this 
        section is sought;
            (2) provide assurances that the State or locality will pay 
        the non-Federal share of the cost of the activities for which 
        assistance is sought from non-Federal sources; and
            (3) provide such additional assurances as the Attorney 
        General determines to be essential to ensure compliance with 
        the requirements of this subtitle.
    (c) Relation to Federal Election Reform Incentive Grant Program.--A 
State or locality that desires to do so may submit an application under 
this section as part of any application submitted under section 212(a).
    (d) Safe Harbor.--No action may be brought under this Act against a 
State or locality on the basis of any information contained in the 
application submitted under subsection (a).

SEC. 223. APPROVAL OF APPLICATIONS.

    The Access Board shall establish general policies and criteria for 
the approval of applications submitted under section 222(a).

SEC. 224. AUTHORIZED ACTIVITIES.

    A State or locality may use grant payments received under this 
subtitle--
            (1) to make polling places, including the path of travel, 
        entrances, exits, and voting areas of each polling facility, 
        accessible to individuals with disabilities, including the 
        blind and visually impaired, in a manner that provides the same 
        opportunity for access and participation (including privacy and 
        independence) as for other voters; and
            (2) to provide individuals with disabilities and the other 
        individuals described in paragraph (1) with information about 
        the accessibility of polling places, including outreach 
        programs to inform the individuals about the availability of 
        accessible polling places and to train election officials, poll 
        workers, and election volunteers on how best to promote the 
        access and participation of the individuals in elections for 
        Federal office.

SEC. 225. PAYMENTS; FEDERAL SHARE.

    (a) Payments.--
            (1) In general.--Subject to paragraph (2), the Attorney 
        General shall pay to each State or locality having an 
        application approved under section 223 the Federal share of the 
        costs of the activities described in that application.
            (2) Initial payment amount.--The Attorney General shall pay 
        to each State that submits an application under section 222 an 
        amount equal to 0.5 percent of the amount appropriated under 
        section 228 for the fiscal year in which such application is 
        submitted to be used by such State for the activities 
        authorized under section 224.
    (b) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of the costs shall be a percentage determined by 
        the Attorney General that does not exceed 80 percent.
            (2) Exception.--The Attorney General may provide for a 
        Federal share of greater than 80 percent of the costs for a 
        State or locality if the Attorney General determines that such 
        greater percentage is necessary due to the lack of resources of 
        the State or locality.

SEC. 226. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.

    (a) Recordkeeping Requirement.--Each recipient of a grant under 
this subtitle shall keep such records as the Attorney General, in 
consultation with the Access Board, shall prescribe.
    (b) Audits and Examinations.--The Attorney General and the 
Comptroller General, or any authorized representative of the Attorney 
General or the Comptroller General, may audit or examine any recipient 
of a grant under this subtitle and shall, for the purpose of conducting 
an audit or examination, have access to any record of a recipient of a 
grant under this subtitle that the Attorney General or the Comptroller 
General determines may be related to the grant.

SEC. 227. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.

    (a) Reports to Congress.--
            (1) In general.--Not later than January 31, 2003, and each 
        year thereafter, the Attorney General shall submit to the 
        President and Congress a report on the grant program 
        established under this subtitle for the preceding year.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall contain the following:
                    (A) A description and analysis of any activities 
                funded by a grant awarded under this subtitle.
                    (B) Any recommendation for legislative or 
                administrative action that the Attorney General 
                considers appropriate.
    (b) Reports to the Attorney General.--The Attorney General shall 
require each recipient of a grant under this subtitle to submit reports 
to the Attorney General at such time, in such manner, and containing 
such information as the Attorney General considers appropriate.

SEC. 228. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
$100,000,000 for fiscal year 2002 to carry out the provisions of this 
subtitle.
    (b) Availability.--Any amounts appropriated pursuant to the 
authority of subsection (a) shall remain available without fiscal year 
limitation until expended.

SEC. 229. EFFECTIVE DATE.

    The Access Board shall establish the general policies and criteria 
for the approval of applications under section 223 in a manner that 
ensures that the Attorney General is able to approve applications not 
later than October 1, 2002.

           Subtitle D--National Student/Parent Mock Election

SEC. 231. NATIONAL STUDENT/PARENT MOCK ELECTION.

    (a) In General.--The Election Administration Commission is 
authorized to award grants to the National Student/Parent Mock 
Election, a national nonprofit, nonpartisan organization that works to 
promote voter participation in American elections to enable it to carry 
out voter education activities for students and their parents. Such 
activities may--
            (1) include simulated national elections at least 5 days 
        before the actual election that permit participation by 
        students and parents from each of the 50 States in the United 
        States, its territories, the District of Columbia, and United 
        States schools overseas; and
            (2) consist of--
                    (A) school forums and local cable call-in shows on 
                the national issues to be voted upon in an ``issues 
                forum'';
                    (B) speeches and debates before students and 
                parents by local candidates or stand-ins for such 
                candidates;
                    (C) quiz team competitions, mock press conferences, 
                and speech writing competitions;
                    (D) weekly meetings to follow the course of the 
                campaign; or
                    (E) school and neighborhood campaigns to increase 
                voter turnout, including newsletters, posters, 
                telephone chains, and transportation.
    (b) Requirement.--The National Student/Parent Mock Election shall 
present awards to outstanding student and parent mock election 
projects.

SEC. 232. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the provisions 
of this subtitle $650,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 6 succeeding fiscal years.

                       TITLE III--ADMINISTRATION

             Subtitle A--Election Administration Commission

SEC. 301. ESTABLISHMENT OF THE ELECTION ADMINISTRATION COMMISSION.

    There is established the Election Administration Commission (in 
this subtitle referred to as the ``Commission'') as an independent 
establishment (as defined in section 104 of title 5, United States 
Code).

SEC. 302. MEMBERSHIP OF THE COMMISSION.

    (a) Number and Appointment.--
            (1) Composition.--The Commission shall be composed of 4 
        members appointed by the President, by and with the advice and 
        consent of the Senate.
            (2) Recommendations.--Before the initial appointment of the 
        members of the Commission and before the appointment of any 
        individual to fill a vacancy on the Commission, the Majority 
        Leader of the Senate, the Speaker of the House of 
        Representatives, the Minority Leader of the Senate, and the 
        Minority Leader of the House of Representatives shall each 
        submit to the President a candidate recommendation with respect 
        to each vacancy on the Commission affiliated with the political 
        party of the officer involved.
    (b) Qualifications.--
            (1) In general.--Each member appointed under subsection (a) 
        shall be appointed on the basis of--
                    (A) knowledge of--
                            (i) and experience with, election law;
                            (ii) and experience with, election 
                        technology;
                            (iii) and experience with, Federal, State, 
                        or local election administration;
                            (iv) the Constitution; or
                            (v) the history of the United States; and
                    (B) integrity, impartiality, and good judgment.
            (2) Party affiliation.--Not more than 2 of the 4 members 
        appointed under subsection (a) may be affiliated with the same 
        political party.
            (3) Federal officers and employees.--Members appointed 
        under subsection (a) shall be individuals who, at the time 
        appointed to the Commission, are not elected or appointed 
        officers or employees of the Federal Government.
            (4) Other activities.--No member appointed to the 
        Commission under subsection (a) may engage in any other 
        business, vocation, or employment while serving as a member of 
        the Commission and shall terminate or liquidate such business, 
        vocation, or employment not later than the date on which the 
        Commission first meets.
    (c) Date of Appointment.--The appointments of the members of the 
Commission shall be made not later than the date that is 90 days after 
the date of enactment of this Act.
    (d) Period of Appointment; Vacancies.--
            (1) Period of appointment.--Members shall be appointed for 
        a term of 6 years, except that, of the members first appointed, 
        2 of the members who are not affiliated with the same political 
        party shall be appointed for a term of 4 years. Except as 
        provided in paragraph (2), a member may only serve 1 term.
            (2) Vacancies.--
                    (A) In general.--A vacancy on the Commission shall 
                not affect its powers, but shall be filled in the 
                manner in which the original appointment was made. The 
                appointment made to fill the vacancy shall be subject 
                to any conditions which applied with respect to the 
                original appointment.
                    (B) Expired terms.--A member of the Commission may 
                serve on the Commission after the expiration of the 
                member's term until the successor of such member has 
                taken office as a member of the Commission.
                    (C) Unexpired terms.--An individual appointed to 
                fill a vacancy on the Commission occurring before the 
                expiration of the term for which the individual's 
                predecessor was appointed shall be appointed for the 
                unexpired term of the member replaced. Such individual 
                may be appointed to a full term in addition to the 
                unexpired term for which that individual is appointed.
    (e) Chairperson; Vice Chairperson.--
            (1) In general.--The Commission shall elect a chairperson 
        and vice chairperson from among its members for a term of 1 
        year.
            (2) Number of terms.--A member of the Commission may serve 
        as the chairperson only twice during the term of office to 
        which such member is appointed.
            (3) Political affiliation.--The chairperson and vice 
        chairperson may not be affiliated with the same political 
        party.

SEC. 303. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission--
            (1) shall serve as a clearinghouse, gather information, 
        conduct studies, and issue reports concerning issues relating 
        to elections for Federal office;
            (2) shall carry out the provisions of section 9 of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7);
            (3) shall make available information regarding the Federal 
        election system to the public and media;
            (4) shall compile and make available to the public the 
        official certified results of elections for Federal office and 
        statistics regarding national voter registration and turnout;
            (5) shall establish an Internet website to facilitate 
        public access, public comment, and public participation in the 
        activities of the Commission, and shall make all information on 
        such website available in print;
            (6) shall conduct the study on election technology and 
        administration under subsection (b)(1) and submit the report 
        under subsection (b)(2); and
            (7) beginning on the transition date (as defined in section 
        316(a)(2)), shall administer--
                    (A) the voting systems standards under section 101;
                    (B) the provisional voting requirements under 
                section 102;
                    (C) the computerized statewide voter registration 
                list requirements and requirements for voters who 
                register by mail under section 103;
                    (D) the Uniform and Nondiscriminatory Election 
                Technology and Administration Requirements Grant 
                Program under subtitle A of title II;
                    (E) the Federal Election Reform Incentive Grant 
                Program under subtitle C of title II; and
                    (F) the Federal Election Accessibility Grant 
                Program under subtitle B of title II.
    (b) Studies and Reports on Election Technology and 
Administration.--
            (1) Study of first time voters who register by mail.--
                    (A) Study.--
                            (i) In general.--The Commission shall 
                        conduct a study of the impact of section 103(b) 
                        on voters who register by mail.
                            (ii) Specific issues studied.--The study 
                        conducted under clause (i) shall include--
                                    (I) an examination of the impact of 
                                section 103(b) on first time mail 
                                registrant voters who vote in person, 
                                including the impact of such section on 
                                voter registration;
                                    (II) an examination of the impact 
                                of such section on the accuracy of 
                                voter rolls, including preventing 
                                ineligible names from being placed on 
                                voter rolls and ensuring that all 
                                eligible names are placed on voter 
                                rolls; and
                                    (III) an analysis of the impact of 
                                such section on existing State 
                                practices, such as the use of signature 
                                verification or attestation procedures 
                                to verify the identity of voters in 
                                elections for Federal office, and an 
                                analysis of other changes that may be 
                                made to improve the voter registration 
                                process, such as verification or 
                                additional information on the 
                                registration card.
                    (B) Report.--Not later than 18 months after the 
                date on which section 103(b)(2)(A) takes effect, the 
                Commission shall submit a report to the President and 
                Congress on the study conducted under subparagraph 
                (A)(i) together with such recommendations for 
                administrative and legislative action as the Commission 
                determines is appropriate.
            (2) Studies.--The Commission shall conduct periodic studies 
        of--
                    (A) methods of election technology and voting 
                systems in elections for Federal office, including the 
                over-vote and under-vote notification capabilities of 
                such technology and systems;
                    (B) ballot designs for elections for Federal 
                office;
                    (C) methods of ensuring the accessibility of 
                voting, registration, polling places, and voting 
                equipment to all voters, including blind and disabled 
                voters, and voters with limited proficiency in the 
                English language;
                    (D) nationwide statistics and methods of 
                identifying, deterring, and investigating voting fraud 
                in elections for Federal office;
                    (E) methods of voter intimidation;
                    (F) the recruitment and training of poll workers;
                    (G) the feasibility and advisability of conducting 
                elections for Federal office on different days, at 
                different places, and during different hours, including 
                the advisability of establishing a uniform poll closing 
                time and establishing election day as a Federal 
                holiday;
                    (H) ways that the Federal Government can best 
                assist State and local authorities to improve the 
                administration of elections for Federal office and what 
                levels of funding would be necessary to provide such 
                assistance;
                    (I)(i) the laws and procedures used by each State 
                that govern--
                            (I) recounts of ballots cast in elections 
                        for Federal office;
                            (II) contests of determinations regarding 
                        whether votes are counted in such elections; 
                        and
                            (III) standards that define what will 
                        constitute a vote on each type of voting 
                        equipment used in the State to conduct 
                        elections for Federal office;
                    (ii) the best practices (as identified by the 
                Commission) that are used by States with respect to the 
                recounts and contests described in clause (i); and
                    (iii) whether or not there is a need for more 
                consistency among State recount and contest procedures 
                used with respect to elections for Federal office;
                    (J) such other matters as the Commission determines 
                are appropriate; and
                    (K) the technical feasibility of providing voting 
                materials in 8 or more languages for voters who speak 
                those languages and who are limited English proficient.
            (3) Reports.--The Commission shall submit to the President 
        and Congress a report on each study conducted under paragraph 
        (2) together with such recommendations for administrative and 
        legislative action as the Commission determines is appropriate.

SEC. 304. MEETINGS OF THE COMMISSION.

    The Commission shall meet at the call of any member of the 
Commission, but may not meet less often than monthly.

SEC. 305. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission or, at its direction, any 
subcommittee or member of the Commission, may, for the purpose of 
carrying out this subtitle hold such hearings, sit and act at such 
times and places, take such testimony, receive such evidence, 
administer such oaths as the Commission or such subcommittee or member 
considers advisable.
    (b) Voting.--
            (1) In general.--Each action of the Commission shall be 
        approved by a majority vote of the members of the Commission 
        and each member of the Commission shall have 1 vote.
            (2) Special rules.--
                    (A) Uniform and nondiscriminatory election 
                technology and administration requirements.--
                            (i) Adoption or revision of standards and 
                        guidelines.--If standards or guidelines have 
                        been promulgated under section 101, 102, or 103 
                        as of the transition date (as defined in 
                        section 316(a)(2)), not later than 30 days 
                        after the transition date, the Commission 
                        shall--
                                    (I) adopt such standards or 
                                guidelines by a majority vote of the 
                                members of the Commission; or
                                    (II) promulgate revisions to such 
                                standards or guidelines and such 
                                revisions shall take effect only upon 
                                the approval of a majority of the 
                                members of the Commission.
                            (ii) Establishment of standards and 
                        guidelines.--
                                    (I) If standards or guidelines have 
                                not been promulgated under section 101, 
                                102, or 103 as of the transition date 
                                (as defined in section 316(a)(2)), the 
                                Commission shall promulgate such 
                                standards or guidelines not later than 
                                the date described in subclause (II) 
                                and such standards or guidelines shall 
                                take effect only upon the approval of a 
                                majority of the members of the 
                                Commission.
                                    (II) The date described this 
                                subclause is the later of--
                                            (aa) the date described in 
                                        section 101(c)(1), 102(c), or 
                                        103(c) (as applicable); or
                                            (bb) the date that is 30 
                                        days after the transition date 
                                        (as defined in section 
                                        316(a)(2)).
                    (B) Grant programs.--
                            (i) Approval or denial.--The grants shall 
                        be approved or denied under sections 204, 213, 
                        and 223 by a majority vote of the members of 
                        the Commission not later than the date that is 
                        30 days after the date on which the application 
                        is submitted to the Commission under section 
                        203, 212, or 222.
                            (ii) Adoption or revision of general 
                        policies and criteria.--If general policies and 
                        criteria for the approval of applications have 
                        been established under section 204, 213, or 223 
                        as of the transition date (as defined in 
                        section 316(a)(2)), not later than 30 days 
                        after the transition date, the Commission 
                        shall--
                                    (I) adopt such general policies and 
                                criteria by a majority vote of the 
                                members of the Commission; or
                                    (II) promulgate revisions to such 
                                general policies and criteria and such 
                                revisions shall take effect only upon 
                                the approval of a majority of the 
                                members of the Commission.
                            (iii) Establishment of general policies and 
                        criteria.--
                                    (I) If general policies and 
                                criteria for the approval of 
                                applications have been established 
                                under section 204, 213, or 223 as of 
                                the transition date (as defined in 
                                section 316(a)(2)), the Commission 
                                shall promulgate such general policies 
                                and criteria not later than the date 
                                described in subclause (II) and such 
                                general policies and criteria shall 
                                take effect only upon the approval of a 
                                majority of the members of the 
                                Commission.
                                    (II) The date described this 
                                subclause is the later of--
                                            (aa) the date described in 
                                        section 101(c)(1), 102(c), or 
                                        103(c) (as applicable); or
                                            (bb) the date that is 30 
                                        days after the transition date 
                                        (as defined in section 
                                        316(a)(2)).
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this subtitle. Upon request 
of the Commission, the head of such department or agency shall furnish 
such information to the Commission.
    (d) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.

SEC. 306. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission shall 
be compensated at the annual rate of basic pay prescribed for level IV 
of the Executive Schedule under section 5315 of title 5, United States 
Code.
    (b) Staff.--
            (1) Appointment and termination.--Subject to paragraph (2), 
        the Commission may, without regard to the provisions of title 
        5, United States Code, governing appointments in the 
        competitive service, appoint and terminate an Executive 
        Director, a General Counsel, and such other personnel as may be 
        necessary to enable the Commission to perform its duties.
            (2) Executive director; general counsel.--
                    (A) Appointment and termination.--The appointment 
                and termination of the Executive Director and General 
                Counsel under paragraph (1) shall be approved by a 
                majority of the members of the Commission.
                    (B) Initial appointment.--Beginning on the 
                transition date (as defined in section 316(a)(2)), the 
                Director of the Office of Election Administration of 
                the Federal Election Commission shall serve as the 
                Executive Director of the Commission until such date as 
                a successor is appointed under paragraph (1).
                    (C) Term.--The term of the Executive Director and 
                the General Counsel shall be for a period of 6 years. 
                An individual may not serve for more than 2 terms as 
                the Executive Director or the General Counsel. The 
                appointment of an individual with respect to each term 
                shall be approved by a majority of the members of the 
                Commission.
                    (D) Continuance in office.--Notwithstanding 
                subparagraph (C), the Executive Director and General 
                Counsel shall continue in office until a successor is 
                appointed under paragraph (1).
            (3) Compensation.--The Commission may fix the compensation 
        of the Executive Director, General Counsel, and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the Executive Director, General Counsel, and other 
        personnel may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.
    (c) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Commission may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates for 
individuals which do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission such sums 
as may be necessary to carry out this subtitle.

                   Subtitle B--Transition Provisions

SEC. 311. EQUAL PROTECTION OF VOTING RIGHTS ACT OF 2001.

    (a) Transfer of Certain Functions of Federal Election Commission.--
There are transferred to the Election Administration Commission 
established under section 301 all functions of the Federal Election 
Commission under section 101 and under subtitles A and B of title II 
before the transition date (as defined in section 316(a)(2)).
    (b) Transfer of Certain Functions of the Attorney General.--
            (1) Title i functions.--There are transferred to the 
        Election Administration Commission established under section 
        301 all functions of the Assistant Attorney General in charge 
        of the Civil Rights Division of the Department of Justice under 
        sections 102 and 103 before the transition date (as defined in 
        section 316(a)(2)).
            (2) Grantmaking Functions.--
                    (A) In general.--Except as provided in paragraph 
                (2), there are transferred to the Election 
                Administration Commission established under section 301 
                all functions of the Attorney General, the Assistant 
                Attorney General in charge of the Office of Justice 
                Programs of the Department of Justice, and the 
                Assistant Attorney General in charge of the Civil 
                Rights Division of the Department of Justice under 
                subtitles A, B, and C of title II before the transition 
                date (as defined in section 316(a)(2)).
                    (B) Exception.--The functions of the Attorney 
                General relating to the review of State plans under 
                section 204 and the certification requirements under 
                section 213 shall not be transferred under paragraph 
                (1).
            (3) Enforcement.--The Attorney General shall remain 
        responsible for any enforcement action required under this Act, 
        including the enforcement of the voting systems standards 
        through the Assistant Attorney General in charge of the Civil 
        Rights Division of the Department of Justice under section 104 
        and the criminal penalties under section 502.
    (c) Transfer of Certain Functions of the Access Board.--There are 
transferred to the Election Administration Commission established under 
section 301 all functions of the Architectural and Transportation 
Barriers Compliance Board (as established under section 502 of the 
Rehabilitation Act of 1973 (29 U.S.C. 792)) under section 101 and under 
subtitles A, B, and C of title II before the transition date (as 
defined in section 316(a)(2)), except that--
            (1) the Architectural and Transportation Barriers 
        Compliance Board shall remain responsible under section 223 for 
        the general policies and criteria for the approval of 
        applications submitted under section 222(a); and
            (2) in revising the voting systems standards under section 
        101(c)(2) the Commission shall consult with the Architectural 
        and Transportation Barriers Compliance Board.

SEC. 312. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) Transfer of Functions of Office of Election Administration.--
There are transferred to the Election Administration Commission 
established under section 301 all functions of the Director of the 
Office of the Election Administration of the Federal Election 
Commission before the transition date (as defined in section 
316(a)(2)).
    (b) Conforming Amendment.--Section 311(a) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
            (1) in paragraph (8), by inserting ``and'' at the end;
            (2) in paragraph (9), by striking ``; and'' and inserting a 
        period; and
            (3) by striking paragraph (10) and the second and third 
        sentences.

SEC. 313. NATIONAL VOTER REGISTRATION ACT OF 1993.

    (a) Transfer of Functions.--There are transferred to the Election 
Administration Commission established under section 301 all functions 
of the Federal Election Commission under the National Voter 
Registration Act of 1993 before the transition date (as defined in 
section 316(a)(2)).
    (b) Conforming Amendment.--For purposes of section 9(a) of the 
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)), the 
reference to the Federal Election Commission shall be deemed to be a 
reference to the Election Administration Commission.

SEC. 314. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.

    (a) Property and Records.--The contracts, liabilities, records, 
property, and other assets and interests of, or made available in 
connection with, the offices and functions of the Federal Election 
Commission which are transferred by this subtitle are transferred to 
the Election Administration Commission for appropriate allocation.
    (b) Personnel.--The personnel employed in connection with the 
offices and functions of the Federal Election Commission which are 
transferred by this subtitle are transferred to the Election 
Administration Commission.

SEC. 315. COVERAGE OF ELECTION ADMINISTRATION COMMISSION UNDER CERTAIN 
              LAWS AND PROGRAMS.

    (a) Treatment of Commission Personnel Under Certain Civil Service 
Laws.--
            (1) Coverage under hatch act.--Section 7323(b)(2)(B)(i)(I) 
        of title 5, United States Code, is amended by inserting ``or 
        the Election Administration Commission'' after ``Commission''.
            (2) Exclusion from senior executive service.--Section 
        3132(a)(1)(C) of title 5, United States Code, is amended by 
        inserting ``or the Election Administration Commission'' after 
        ``Commission''.
    (b) Coverage Under Inspector General Act of 1978.--Section 8G(a)(2) 
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
inserting ``, the Election Administration Commission,'' after ``Federal 
Election Commission,''.

SEC. 316. EFFECTIVE DATE; TRANSITION.

    (a) Effective Date.--
            (1) In general.--This subtitle and the amendments made by 
        this subtitle shall take effect on the transition date (as 
        defined in paragraph (2)).
            (2) Transition date defined.--In this section, the term 
        ``transition date'' means the earlier of--
                    (A) the date that is 1 year after the date of 
                enactment of this Act; or
                    (B) the date that is 60 days after the first date 
                on which all of the members of the Election 
                Administration Commission have been appointed under 
                section 302.
    (b) Transition.--With the consent of the entity involved, the 
Election Administration Commission is authorized to utilize the 
services of such officers, employees, and other personnel of the 
entities from which functions have been transferred to the Commission 
under this title or the amendments made by this title for such period 
of time as may reasonably be needed to facilitate the orderly transfer 
of such functions.

 Subtitle C--Advisory Committee on Electronic Voting and the Electoral 
                                Process

SEC. 321. ESTABLISHMENT OF COMMITTEE.

    (a) Establishment.--There is established the Advisory Committee on 
Electronic Voting and the Electoral Process (in this subtitle referred 
to as the ``Committee'').
    (b) Membership.--
            (1) Composition.--The Committee shall be composed of 16 
        members as follows:
                    (A) Federal representatives.--Four representatives 
                of the Federal Government, comprised of the Attorney 
                General, the Secretary of Defense, the Director of the 
                Federal Bureau of Investigation, and the Chairman of 
                the Federal Election Commission, or an individual 
                designated by the respective representative.
                    (B) Internet representatives.--Four representatives 
                of the Internet and information technology industries 
                (at least 2 of whom shall represent a company that is 
                engaged in the provision of electronic voting services 
                on the date on which the representative is appointed, 
                and at least 2 of whom shall possess special expertise 
                in Internet or communications systems security).
                    (C) State and local representatives.--Four 
                representatives from State and local governments (2 of 
                whom shall be from States that have made preliminary 
                inquiries into the use of the Internet in the electoral 
                process).
                    (D) Private sector representatives.--Four 
                representatives not affiliated with the Government (2 
                of whom shall have expertise in election law, and 2 of 
                whom shall have expertise in political speech).
            (2) Appointments.--Appointments to the Committee shall be 
        made not later than the date that is 30 days after the date of 
        enactment of this Act and such appointments shall be made in 
        the following manner:
                    (A) Senate majority leader.--Two individuals shall 
                be appointed by the Majority Leader of the Senate, of 
                whom 1 shall be an individual described in paragraph 
                (1)(B) and 1 shall be an individual described in 
                paragraph (1)(C).
                    (B) Senate minority leader.--Two individuals shall 
                be appointed by the Minority Leader of the Senate, of 
                whom 1 shall be an individual described in paragraph 
                (1)(B) and 1 shall be an individual described in 
                paragraph (1)(C).
                    (C) Speaker of the house.--Two individuals shall be 
                appointed by the Speaker of the House of 
                Representatives, of whom 1 shall be an individual 
                described in paragraph (1)(B) and 1 shall be an 
                individual described in paragraph (1)(C).
                    (D) House minority leader.--Two individuals shall 
                be appointed by the Minority Leader of the House of 
                Representatives, of whom 1 shall be an individual 
                described in paragraph (1)(B) and 1 shall be an 
                individual described in paragraph (1)(C).
                    (E) Senate majority and house minority jointly.--
                Two individuals described in paragraph (1)(D) shall be 
                appointed jointly by the Majority Leader of the Senate 
                and the Minority Leader of the House of 
                Representatives.
                    (F) House majority and senate minority jointly.--
                Two individuals described in paragraph (1)(D) shall be 
                appointed jointly by the Speaker of the House of 
                Representatives and the Minority Leader of the Senate.
            (3) Date.--The appointments of the members of the Committee 
        shall be made not later than the date that is 30 days after the 
        date of enactment of this Act.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Committee. Any vacancy in the Committee shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (d) Initial Meeting.--Not later than 30 days after the date on 
which all of the members of the Committee have been appointed, the 
Committee shall hold its first meeting.
    (e) Meetings.--
            (1) In general.--The Committee shall meet at the call of 
        the Chairperson or upon the written request of a majority of 
        the members of the Committee.
            (2) Notice.--Not later than the date that is 14 days before 
        the date of each meeting of the Committee, the Chairperson 
        shall cause notice thereof to be published in the Federal 
        Register.
            (3) Open meetings.--Each Committee meeting shall be open to 
        the public.
    (f) Quorum.--Eight members of the Committee shall constitute a 
quorum, but a lesser number of members may hold hearings.
    (g) Chairperson.--The Committee shall select a Chairperson from 
among its members by a majority vote of the members of the Committee.
    (h) Additional Rules.--The Committee may adopt such other rules as 
the Committee determines to be appropriate by a majority vote of the 
members of the Committee.

SEC. 322. DUTIES OF THE COMMITTEE.

    (a) Study.--
            (1) In general.--The Committee shall conduct a thorough 
        study of issues and challenges, specifically to include the 
        potential for election fraud, presented by incorporating 
        communications and Internet technologies in the Federal, State, 
        and local electoral process.
            (2) Issues to be studied.--The Committee may include in the 
        study conducted under paragraph (1) an examination of--
                    (A) the appropriate security measures required and 
                minimum standards for certification of systems or 
                technologies in order to minimize the potential for 
                fraud in voting or in the registration of qualified 
                citizens to register and vote;
                    (B) the possible methods, such as Internet or other 
                communications technologies, that may be utilized in 
                the electoral process, including the use of those 
                technologies to register voters and enable citizens to 
                vote online, and recommendations concerning statutes 
                and rules to be adopted in order to implement an online 
                or Internet system in the electoral process;
                    (C) the impact that new communications or Internet 
                technology systems for use in the electoral process 
                could have on voter participation rates, voter 
                education, public accessibility, potential external 
                influences during the elections process, voter privacy 
                and anonymity, and other issues related to the conduct 
                and administration of elections;
                    (D) whether other aspects of the electoral process, 
                such as public availability of candidate information 
                and citizen communication with candidates, could 
                benefit from the increased use of online or Internet 
                technologies;
                    (E) the requirements for authorization of 
                collection, storage, and processing of electronically 
                generated and transmitted digital messages to permit 
                any eligible person to register to vote or vote in an 
                election, including applying for and casting an 
                absentee ballot;
                    (F) the implementation cost of an online or 
                Internet voting or voter registration system and the 
                costs of elections after implementation (including a 
                comparison of total cost savings for the administration 
                of the electoral process by using Internet technologies 
                or systems);
                    (G) identification of current and foreseeable 
                online and Internet technologies for use in the 
                registration of voters, for voting, or for the purpose 
                of reducing election fraud, currently available or in 
                use by election authorities;
                    (H) the means by which to ensure and achieve equity 
                of access to online or Internet voting or voter 
                registration systems and address the fairness of such 
                systems to all citizens; and
                    (I) the impact of technology on the speed, 
                timeliness, and accuracy of vote counts in Federal, 
                State, and local elections.
    (b) Report.--
            (1) Transmission.--Not later than 20 months after the date 
        of enactment of this Act, the Committee shall transmit to 
        Congress and the Election Administration Commission established 
        under section 301, for the consideration of such bodies, a 
        report reflecting the results of the study required by 
        subsection (a), including such legislative recommendations or 
        model State laws as are required to address the findings of the 
        Committee.
            (2) Approval of report.--Any finding or recommendation 
        included in the report shall be agreed to by at least \2/3\ of 
        the members of the Committee serving at the time the finding or 
        recommendation is made.
            (3) Internet posting.--The Election Administration 
        Commission shall post the report transmitted under paragraph 
        (1) on the Internet website established under section 
        303(a)(5).

SEC. 323. POWERS OF THE COMMITTEE.

    (a) Hearings.--
            (1) In general.--The Committee may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Committee considers advisable to 
        carry out this subtitle.
            (2) Opportunities to testify.--The Committee shall provide 
        opportunities for representatives of the general public, State 
        and local government officials, and other groups to testify at 
        hearings.
    (b) Information From Federal Agencies.--The Committee may secure 
directly from any Federal department or agency such information as the 
Committee considers necessary to carry out this subtitle. Upon request 
of the Chairperson of the Committee, the head of such department or 
agency shall furnish such information to the Committee.
    (c) Postal Services.--The Committee may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (d) Gifts.--
            (1) In general.--The Committee may accept, use, and dispose 
        of gifts or donations of services or property.
            (2) Unused gifts.--Gifts or grants not used at the 
        expiration of the Committee shall be returned to the donor or 
        grantor.

SEC. 324. COMMITTEE PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Committee shall 
serve without compensation.
    (b) Travel Expenses.--The members of the Committee shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Committee.
    (c) Staff.--
            (1) In general.--The Chairperson of the Committee may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Committee to perform its duties. The employment of an executive 
        director shall be subject to confirmation by the Committee.
            (2) Compensation.--The Chairperson of the Committee may fix 
        the compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
            (3) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Committee who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of committee.--Subparagraph (A) shall 
                not be construed to apply to members of the Committee.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Committee without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Committee may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.

SEC. 325. TERMINATION OF THE COMMITTEE.

    The Committee shall terminate 90 days after the date on which the 
Committee transmits its report under section 322(b)(1).

SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this subtitle not less than $2,000,000 from the funds appropriated 
under section 307.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this subtitle shall remain available, without fiscal year 
limitation, until expended.

              TITLE IV--UNIFORMED SERVICES ELECTION REFORM

SEC. 401. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT UNIFORMED 
              SERVICES VOTERS IN FEDERAL ELECTIONS.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 
1606(a)(1) of the National Defense Authorization Act for Fiscal Year 
2002 (Public Law 107-107; 115 Stat. 1278), is amended--
            (1) by striking ``Each State'' and inserting ``(a) In 
        General.--Each State''; and
            (2) by adding at the end the following:
    ``(b) Standards for Invalidation of Certain Ballots.--
            ``(1) In general.--A State may not refuse to count a ballot 
        submitted in an election for Federal office by an absent 
        uniformed services voter--
                    ``(A) solely on the grounds that the ballot 
                lacked--
                            ``(i) a notarized witness signature;
                            ``(ii) an address (other than on a Federal 
                        write-in absentee ballot, commonly known as 
                        `SF186');
                            ``(iii) a postmark if there are any other 
                        indicia that the vote was cast in a timely 
                        manner; or
                            ``(iv) an overseas postmark; or
                    ``(B) solely on the basis of a comparison of 
                signatures on ballots, envelopes, or registration forms 
                unless there is a lack of reasonable similarity between 
                the signatures.
            ``(2) No effect on filing deadlines under state law.--
        Nothing in this subsection may be construed to affect the 
        application to ballots submitted by absent uniformed services 
        voters of any ballot submission deadline applicable under State 
        law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to ballots described in section 102(b) of the 
Uniformed and Overseas Citizens Absentee Voting Act (as added by such 
subsection) that are submitted with respect to elections that occur 
after the date of enactment of this Act.

SEC. 402. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED UNIFORMED 
              SERVICES VOTERS TO THE POLLS.

    (a) In General.--Section 102(a) of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by 
section 401(a) of this Act and section 1606(a)(1) of the National 
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 
Stat. 1278), is amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(5) in addition to using the postcard form for the 
        purpose described in paragraph (4), accept and process any 
        otherwise valid voter registration application submitted by a 
        uniformed service voter for the purpose of voting in an 
        election for Federal office; and
            ``(6) permit each recently separated uniformed services 
        voter to vote in any election for which a voter registration 
        application has been accepted and processed under this section 
        if that voter--
                    ``(A) has registered to vote under this section; 
                and
                    ``(B) is eligible to vote in that election under 
                State law.''.
    (b) Definitions.--Section 107 of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended--
            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (9) and (10), respectively;
            (2) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) The term `recently separated uniformed services 
        voter' means any individual who was a uniformed services voter 
        on the date that is 60 days before the date on which the 
        individual seeks to vote and who--
                    ``(A) presents to the election official Department 
                of Defense form 214 evidencing their former status as 
                such a voter, or any other official proof of such 
                status;
                    ``(B) is no longer such a voter; and
                    ``(C) is otherwise qualified to vote in that 
                election.'';
            (3) by redesignating paragraph (10) (as redesignated by 
        paragraph (1)) as paragraph (11); and
            (4) by inserting after paragraph (9) the following new 
        paragraph:
            ``(10) The term `uniformed services voter' means--
                    ``(A) a member of a uniformed service in active 
                service;
                    ``(B) a member of the merchant marine; and
                    ``(C) a spouse or dependent of a member referred to 
                in subparagraph (A) or (B) who is qualified to vote.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections for Federal office that occur after the 
date of enactment of this Act.

SEC. 403. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND ABSENTEE 
              BALLOT APPLICATIONS ON GROUNDS OF EARLY SUBMISSION.

    (a) In General.--Section 104 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-3), as amended by section 1606(b) 
of the National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 115 Stat. 1279), is amended by adding at the end the 
following new subsection:
    ``(e) Prohibition of Refusal of Applications on Grounds of Early 
Submission.--A State may not refuse to accept or process, with respect 
to any election for Federal office, any otherwise valid voter 
registration application or absentee ballot application (including the 
postcard form prescribed under section 101) submitted by an absent 
uniformed services voter during a year on the grounds that the voter 
submitted the application before the first date on which the State 
otherwise accepts or processes such applications for that year 
submitted by absentee voters who are not members of the uniformed 
services.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections for Federal office that occur after the 
date of enactment of this Act.

SEC. 404. DISTRIBUTION OF FEDERAL MILITARY VOTER LAWS TO THE STATES.

    Not later than the date that is 60 days after the date of enactment 
of this Act, the Secretary of Defense (in this section referred to as 
the ``Secretary''), as part of any voting assistance program conducted 
by the Secretary, shall distribute to each State (as defined in section 
107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff-6) enough copies of the Federal military voting laws (as 
identified by the Secretary) so that the State is able to distribute a 
copy of such laws to each jurisdiction of the State.

SEC. 405. EFFECTIVE DATES.

    Notwithstanding the preceding provisions of this title, each 
effective date otherwise provided under this title shall take effect 1 
day after such effective date.

SEC. 406. STUDY AND REPORT ON PERMANENT REGISTRATION OF OVERSEAS 
              VOTERS; DISTRIBUTION OF OVERSEAS VOTING INFORMATION BY A 
              SINGLE STATE OFFICE; STUDY AND REPORT ON EXPANSION OF 
              SINGLE STATE OFFICE DUTIES.

    (a) Study and Report on Permanent Registration of Overseas 
Voters.--
            (1) Study.--The Election Administration Commission 
        established under section 301 (in this subsection referred to 
        as the ``Commission''), shall conduct a study on the 
        feasibility and advisability of providing for permanent 
        registration of overseas voters under section 104 of the 
        Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
        1973ff-3), as amended by section 1606(b) of the National 
        Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
        107; 115 Stat. 1279) and this title.
            (2) Report.--The Commission shall submit a report to 
        Congress on the study conducted under paragraph (1) together 
        with such recommendations for legislative and administrative 
        action as the Commission determines appropriate.
    (b) Distribution of Overseas Voting Information by a Single State 
Office.--Section 102 of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-1), as amended by section 1606(a)(1) of 
the National Defense Authorization Act for Fiscal Year 2002 (Public Law 
107-107; 115 Stat. 1278) and the preceding provisions of this title, is 
amended by adding at the end the following new subsection:
    ``(c) Designation of Single State Office To Provide Information on 
Registration and Absentee Ballot Procedures for All Voters in the 
State.--Each State shall designate a single office which shall be 
responsible for providing information regarding voter registration 
procedures and absentee ballot procedures to be used by absent 
uniformed services voters and overseas voters with respect to elections 
for Federal office (including procedures relating to the use of the 
Federal write-in absentee ballot) to all absent uniformed services 
voters and overseas voters who wish to register to vote or vote in any 
jurisdiction in the State.''.
    (c) Study and Report on Expansion of Single State Office Duties.--
            (1) Study.--The Election Administration Commission 
        established under section 301 (in this subsection referred to 
        as the ``Commission''), shall conduct a study on the 
        feasibility and advisability of making the State office 
        designated under section 102(c) of the Uniformed and Overseas 
        Citizens Absentee Voting Act (as added by subsection (b)) 
        responsible for the acceptance of valid voter registration 
        applications, absentee ballot applications, and absentee 
        ballots (including Federal write-in absentee ballots) from each 
        absent uniformed services voter or overseas voter who wishes to 
        register to vote or vote in any jurisdiction in the State.
            (2) Report.--The Commission shall submit a report to 
        Congress on the study conducted under paragraph (1) together 
        with such recommendations for legislative and administrative 
        action as the Commission determines appropriate.

SEC. 407. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED AFTER 
              GENERAL ELECTIONS.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by the preceding 
provisions of this title, is amended by adding at the end the following 
new subsection:
    ``(d) Report on Number of Absentee Ballots Transmitted and 
Received.--Not later than 120 days after the date of each regularly 
scheduled general election for Federal office, each State and unit of 
local government that administered the election shall (through the 
State, in the case of a unit of local government) submit a report to 
the Election Administration Commission (established under the Martin 
Luther King, Jr. Equal Protection of Voting Rights Act of 2002) on the 
number of absentee ballots transmitted to absent uniformed services 
voters and overseas voters for the election and the number of such 
ballots that were returned by such voters and cast in the election, and 
shall make such report available to the general public.''.
    (b) Development of Standardized Format for Reports.--The Election 
Administration Commission shall develop a standardized format for the 
reports submitted by States and units of local government under section 
102(d) of the Uniformed and Overseas Citizens Absentee Voting Act (as 
added by subsection (a)), and shall make the format available to the 
States and units of local government submitting such reports.

SEC. 408. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF OVERSEAS AND 
              ABSENT UNIFORMED SERVICES VOTERS.

    Section 102 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff-1), as amended by the preceding provisions of 
this title, is amended by adding at the end the following new 
subsection:
    ``(e) Registration Notification.--With respect to each absent 
uniformed services voter and each overseas voter who submits a voter 
registration application or an absentee ballot request, if the State 
rejects the application or request, the State shall provide the voter 
with the reasons for the rejection.''.

SEC. 409. STUDY AND REPORT ON THE DEVELOPMENT OF A STANDARD OATH FOR 
              USE WITH OVERSEAS VOTING MATERIALS.

    (a) Study.--The Election Administration Commission established 
under section 301 (in this section referred to as the ``Commission''), 
shall conduct a study on the feasibility and advisability of--
            (1) prescribing a standard oath for use with any document 
        under the Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff et seq) affirming that a material 
        misstatement of fact in the completion of such a document may 
        constitute grounds for a conviction for perjury; and
            (2) if the State requires an oath or affirmation to 
        accompany any document under such Act, to require the State to 
        use the standard oath described in paragraph (1).
    (b) Report.--The Commission shall submit a report to Congress on 
the study conducted under subsection (a) together with such 
recommendations for legislative and administrative action as the 
Commission determines appropriate.

SEC. 410. STUDY AND REPORT ON PROHIBITING NOTARIZATION REQUIREMENTS.

    (a) Study.--The Election Administration Commission established 
under section 301 (in this section referred to as the ``Commission''), 
shall conduct a study on the feasibility and advisability of 
prohibiting a State from refusing to accept any voter registration 
application, absentee ballot request, or absentee ballot submitted by 
an absent uniformed services voter or overseas voter on the grounds 
that the document involved is not notarized.
    (b) Report.--The Commission shall submit a report to Congress on 
the study conducted under subsection (a) together with such 
recommendations for legislative and administrative action as the 
Commission determines appropriate.

               TITLE V--CRIMINAL PENALTIES; MISCELLANEOUS

SEC. 501. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELECTORAL FRAUD 
              STATUTES AND PENALTIES.

    (a) Review.--The Attorney General shall conduct a review of 
existing criminal statutes concerning election offenses to determine--
            (1) whether additional statutory offenses are needed to 
        secure the use of the Internet for election purposes; and
            (2) whether existing penalties provide adequate punishment 
        and deterrence with respect to such offenses.
    (b) Report.--The Attorney General shall submit a report to the 
Judiciary Committees of the Senate and the House of Representatives, 
the Senate Committee on Rules and Administration, and the House 
Committee on Administration on the review conducted under subsection 
(a) together with such recommendations for legislative and 
administrative action as the Attorney General determines appropriate.

SEC. 502. OTHER CRIMINAL PENALTIES.

    (a) Conspiracy To Deprive Voters of a Fair Election.--Any 
individual who knowingly and willfully gives false information in 
registering or voting in violation of section 11(c) of the National 
Voting Rights Act of 1965 (42 U.S.C. 1973i(c)), or conspires with 
another to violate such section, shall be fined or imprisoned, or both, 
in accordance with such section.
    (b) False Information in Registering and Voting.--Any individual 
who knowingly commits fraud or knowingly makes a false statement with 
respect to the naturalization, citizenry, or alien registry of such 
individual in violation of section 1015 of title 18, United States 
Code, shall be fined or imprisoned, or both, in accordance with such 
section.

SEC. 503. USE OF SOCIAL SECURITY NUMBERS FOR VOTER REGISTRATION AND 
              ELECTION ADMINISTRATION.

    (a) In General.--Section 205(c)(2) of the Social Security Act (42 
U.S.C. 405(c)(2)) is amended by adding at the end the following new 
subparagraph:
    ``(I)(i) It is the policy of the United States that any State (or 
political subdivision thereof) may, in the administration of any voter 
registration or other election law, use the social security account 
numbers issued by the Commissioner of Social Security for the purpose 
of establishing the identification of individuals affected by such law, 
and may require any individual who is, or appears to be, so affected to 
furnish to such State (or political subdivision thereof) or any agency 
thereof having administrative responsibility for the law involved, the 
social security account number (or numbers, if such individual has more 
than one such number) issued to such individual by the Commissioner of 
Social Security.
    ``(ii) For purposes of clause (i), an agency of a State (or 
political subdivision thereof) charged with the administration of any 
voter registration or other election law that did not use the social 
security account number for identification under a law or regulation 
adopted before January 1, 2002, may require an individual to disclose 
his or her social security number to such agency solely for the purpose 
of administering the laws referred to in such clause.
    ``(iii) If, and to the extent that, any provision of Federal law 
enacted before the date of enactment of the Equal Protection of Voting 
Rights Act of 2002 is inconsistent with the policy set forth in clause 
(i), such provision shall, on and after the date of the enactment of 
such Act, be null, void, and of no effect.''.
    (b) Construction.--Nothing in this section may be construed to 
supersede any privacy guarantee under any Federal or State law that 
applies with respect to a social security number.

SEC. 504. DELIVERY OF MAIL FROM OVERSEAS PRECEDING FEDERAL ELECTIONS.

    (a) Responsibilities of Secretary of Defense.--
            (1) Additional duties.--Section 1566(g) of title 10, United 
        States Code, as added by section 1602(a)(1) of the National 
        Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
        107; 115 Stat. 1274), is amended--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by striking paragraph (2) and inserting the 
                following new paragraphs:
    ``(2) The Secretary shall ensure that voting materials are 
transmitted expeditiously by military postal authorities at all times. 
The Secretary shall, to the maximum extent practicable, implement 
measures to ensure that a postmark or other official proof of mailing 
date is provided on each absentee ballot collected at any overseas 
location or vessel at sea whenever the Department of Defense is 
responsible for collecting mail for return shipment to the United 
States. The Secretary shall ensure that the measures implemented under 
the preceding sentence do not result in the delivery of absentee 
ballots to the final destination of such ballots after the date on 
which the election for Federal office is held.
    ``(3) The Secretary of each military department shall, to the 
maximum extent practicable, provide notice to members of the armed 
forces stationed at that installation of the last date before a general 
Federal election for which absentee ballots mailed from a postal 
facility located at that installation can reasonably be expected to be 
timely delivered to the appropriate State and local election 
officials.''.
            (2) Report.--The Secretary of Defense shall submit to 
        Congress a report describing the measures to be implemented 
        under section 1566(g)(2) of title 10, United States Code (as 
        added by paragraph (1)), to ensure the timely transmittal and 
        postmarking of voting materials and identifying the persons 
        responsible for implementing such measures.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in section 1602 of the National Defense 
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 
1274) upon the enactment of that Act.

SEC. 505. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING RIGHTS.

    (a) Registration and Balloting.--Section 102 of the Uniformed and 
Overseas Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by 
section 1606(a)(1) of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107-107; 115 Stat. 1278), is amended--
            (1) by inserting ``(a) Elections for Federal Offices.--'' 
        before ``Each State shall--''; and
            (2) by adding at the end the following:
    ``(b) Elections for State and Local Offices.--Each State shall--
            ``(1) permit absent uniformed services voters to use 
        absentee registration procedures and to vote by absentee ballot 
        in general, special, primary, and runoff elections for State 
        and local offices; and
            ``(2) accept and process, with respect to any election 
        described in paragraph (1), any otherwise valid voter 
        registration application from an absent uniformed services 
        voter if the application is received by the appropriate State 
        election official not less than 30 days before the election.''.
    (b) Conforming Amendment.--The heading for title I of such Act is 
amended by striking ``FOR FEDERAL OFFICE''.

SEC. 506. SENSE OF THE SENATE REGARDING STATE AND LOCAL INPUT INTO 
              CHANGES MADE TO THE ELECTORAL PROCESS.

    (a) Findings.--Congress finds the following:
            (1) Although Congress has the responsibility to ensure that 
        our citizens' right to vote is protected, and that votes are 
        counted in a fair and accurate manner, States and localities 
        have a vested interest in the electoral process.
            (2) The Federal Government should ensure that States and 
        localities have some say in any election mandates placed upon 
        the States and localities.
            (3) Congress should ensure that any election reform laws 
        contain provisions for input by State and local election 
        officials.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Department of Justice and the Committee on Election Reform should take 
steps to ensure that States and localities are allowed some input into 
any changes that are made to the electoral process, preferably through 
some type of advisory committee or commission.

SEC. 507. STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE.

    (a) Study on the Establishment of a Free Absentee Ballot Postage 
Program.--
            (1) In general.--The Election Administration Commission 
        established under section 301 shall conduct a study on the 
        feasibility and advisability of the establishment by the 
        Federal Election Commission and the Postal Service of a program 
        under which the Postal Service shall waive the amount of 
        postage applicable with respect to absentee ballots submitted 
        by voters in general elections for Federal office (other than 
        balloting materials mailed under section 3406 of title 39, 
        United States Code) that does not apply with respect to the 
        postage required to send the absentee ballots to voters.
            (2) Public survey.--As part of the study conducted under 
        paragraph (1), the Election Administration Commission shall 
        conduct a survey of potential beneficiaries under the program 
        described in such paragraph, including the elderly and 
        disabled, and shall take into account the results of such 
        survey in determining the feasibility and advisability of 
        establishing such a program.
    (b) Report.--
            (1) Submission.--Not later than the date that is 1 year 
        after the date of enactment of this Act, the Election 
        Administration Commission shall submit to Congress a report on 
        the study conducted under subsection (a)(1) together with 
        recommendations for such legislative and administrative action 
        as the Commission determines appropriate.
            (2) Costs.--The report submitted under paragraph (1) shall 
        contain an estimate of the costs of establishing the program 
        described in subsection (a)(1).
            (3) Implementation.--The report submitted under paragraph 
        (1) shall contain an analysis of the feasibility of 
        implementing the program described in subsection (a)(1) with 
        respect to the absentee ballots submitted in the general 
        election for Federal office held in 2004.
            (4) Recommendations regarding the elderly and disabled.--
        The report submitted under paragraph (1) shall--
                    (A) include recommendations of the Federal Election 
                Commission on ways that program described in subsection 
                (a)(1) would target elderly individuals and individuals 
                with disabilities; and
                    (B) identify methods to increase the number of such 
                individuals who vote in elections for Federal office.
    (c) Postal Service Defined.--The term ``Postal Service'' means the 
United States Postal Service established under section 201 of title 39, 
United States Code.

SEC. 508. HELP AMERICA VOTE COLLEGE PROGRAM.

    (a) Establishment of Program.--
            (1) In general.--Not later than 1 year after the 
        appointment of its members, the Election Administration 
        Commission (in this section referred to as the ``Commission'') 
        shall develop a program to be known as the ``Help America Vote 
        College Program'' (in this section referred to as the 
        ``Program'').
            (2) Purposes of program.--The purpose of the Program shall 
        be--
                    (A) to encourage students enrolled at institutions 
                of higher education (including community colleges) to 
                assist State and local governments in the 
                administration of elections by serving as nonpartisan 
                poll workers or assistants; and
                    (B) to encourage State and local governments to use 
                the services of the students participating in the 
                Program.
    (b) Activities Under Program.--
            (1) In general.--In carrying out the Program, the 
        Commission (in consultation with the chief election official of 
        each State) shall develop materials, sponsor seminars and 
        workshops, engage in advertising targeted at students, make 
        grants, and take such other actions as it considers appropriate 
        to meet the purposes described in subsection (a)(2).
            (2) Requirements for grant recipients.--In making grants 
        under the Program, the Commission shall ensure that the funds 
        provided are spent for projects and activities which are 
        carried out without partisan bias or without promoting any 
        particular point of view regarding any issue, and that each 
        recipient is governed in a balanced manner which does not 
        reflect any partisan bias.
            (3) Coordination with institutions of higher education.--
        The Commission shall encourage institutions of higher education 
        (including community colleges) to participate in the Program, 
        and shall make all necessary materials and other assistance 
        (including materials and assistance to enable the institution 
        to hold workshops and poll worker training sessions) available 
        without charge to any institution which desires to participate 
        in the Program.
    (c) Authorization of Appropriations.--In addition to any other 
funds authorized to be appropriated to the Commission, there are 
authorized to be appropriated to carry out this section such sums as 
may be necessary for fiscal year 2002 and each succeeding fiscal year.

SEC. 509. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Except as specifically provided in section 103(b) 
of this Act with regard to the National Voter Registration Act of 1993 
(42 U.S.C. 1973gg et seq.), nothing in this Act may be construed to 
authorize or require conduct prohibited under the following laws, or 
supersede, restrict, or limit such laws:
            (1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
            (2) The Voting Accessibility for the Elderly and 
        Handicapped Act (42 U.S.C. 1973ee et seq.).
            (3) The Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff et seq.).
            (4) The National Voter Registration Act of 1993 (42 U.S.C. 
        1973gg et seq.).
            (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        1994 et seq.).
            (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
    (b) No Effect on Preclearance or Other Requirements Under Voting 
Rights Act.--The approval by the Attorney General of a State's 
application for a grant under title II, or any other action taken by 
the Attorney General or a State under such title, shall not be 
considered to have any effect on requirements for preclearance under 
section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c) or any 
other requirements of such Act.

SEC. 510. VOTERS WITH DISABILITIES.

    (a) Findings.--Congress makes the following findings:
            (1) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.) requires that people with disabilities have the 
        same kind of access to public places as the general public.
            (2) The Voting Accessibility for the Elderly and 
        Handicapped Act (42 U.S.C. 1973ee et seq.) requires that all 
        polling places for Federal elections be accessible to the 
        elderly and the handicapped.
            (3) The General Accounting Office in 2001 issued a report 
        based on their election day random survey of 496 polling places 
        during the 2000 election across the country and found that 84 
        percent of those polling places had one or more potential 
        impediments that prevented individuals with disabilities, 
        especially those who use wheelchairs, from independently and 
        privately voting at the polling place in the same manner as 
        everyone else.
            (4) The Department of Justice has interpreted accessible 
        voting to allow curbside voting or absentee voting in lieu of 
        making polling places physically accessible.
            (5) Curbside voting does not allow the voter the right to 
        vote in privacy.
    (b) Sense of Congress.--It is the sense of Congress that the right 
to vote in a private and independent manner is a right that should be 
afforded to all eligible citizens, including citizens with 
disabilities, and that curbside voting should only be an alternative of 
the last resort in providing equal voting access to all eligible 
American citizens.

SEC. 511. ELECTION DAY HOLIDAY STUDY.

    (a) In General.--In carrying out its duty under section 
303(a)(1)(G), the Commission, within 6 months after its establishment, 
shall provide a detailed report to the Congress on the advisability of 
establishing an election day holiday, including options for holding 
elections for Federal offices on an existing legal public holiday such 
as Veterans Day, as proclaimed by the President, or of establishing 
uniform weekend voting hours.
    (b) Factors Considered.--In conducting that study, the Commission 
shall take into consideration the following factors:
            (1) Only 51 percent of registered voters in the United 
        States turned out to vote during the November 2000 Presidential 
        election--well-below the worldwide turnout average of 72.9 
        percent for Presidential elections between 1999 and 2000. After 
        the 2000 election, the Census Bureau asked thousands of non-
        voters why they did not vote. The top reason for not voting, 
        given by 22.6 percent of the respondents, was that they were 
        too busy or had a conflicting work or school schedule.
            (2) One of the recommendations of the National Commission 
        on Election Reform led by former President's Carter and Ford is 
        ``Congress should enact legislation to hold presidential and 
        congressional elections on a national holiday''. Holding 
        elections on the legal public holiday of Veterans Day, as 
        proclaimed by the President and observed by the Federal 
        Government or on the weekends, may allow election day to be a 
        national holiday without adding the cost and administrative 
        burden of an additional holiday.
            (3) Holding elections on a holiday or weekend could allow 
        more working people to vote more easily, potentially increasing 
        voter turnout. It could increase the pool of available poll 
        workers and make public buildings more available for use as 
        polling places. Holding elections over a weekend could provide 
        flexibility needed for uniform polling hours.
            (4) Several proposals to make election day a holiday or to 
        shift election day to a weekend have been offered in the 107th 
        Congress. Any new voting day options should be sensitive to the 
        religious observances of voters of all faiths and to our 
        Nation's veterans.

SEC. 512. SENSE OF THE SENATE ON COMPLIANCE WITH ELECTION TECHNOLOGY 
              AND ADMINISTRATION REQUIREMENTS.

    It is the sense of the Senate that full funding shall be provided 
to each State and locality to meet the requirements relating to 
compliance with election technology and administration pursuant to this 
Act.

SEC. 513. BROADCASTING FALSE ELECTION INFORMATION.

    In carrying out its duty under section 303(a)(1)(G), the 
Commission, within 6 months after its establishment shall provide a 
detailed report to the Congress on issues regarding the broadcasting or 
transmitting by cable of Federal election results including 
broadcasting practices that may result in the broadcast of false 
information concerning the location or time of operation of a polling 
place.

SEC. 514. SENSE OF THE SENATE REGARDING CHANGES MADE TO THE ELECTORAL 
              PROCESS AND HOW SUCH CHANGES IMPACT STATES.

    It is the sense of the Senate that--
            (1) the provisions of this Act shall not prohibit States to 
        use curbside voting as a last resort to satisfy the voter 
        accessibility requirements under section 101(a)(3);
            (2) the provisions of this Act permit States--
                    (A) to use Federal funds to purchase new voting 
                machines; and
                    (B) to elect to retrofit existing voting machines 
                in lieu of purchasing new machines to meet the voting 
                machine accessibility requirements under section 
                101(a)(3);
            (3) nothing in this Act requires States to replace existing 
        voting machines;
            (4) nothing under section 101(a) of this Act specifically 
        requires States to install wheelchair ramps or pave parking 
        lots at each polling location for the accessibility needs of 
        individuals with disabilities; and
            (5) the Election Administration Commission, the Attorney 
        General, and the Architectural and Transportation Barriers 
        Compliance Board should recognize the differences that exist 
        between urban and rural areas with respect to the 
        administration of Federal elections under this Act.

            Amend the title so as to read: ``An Act to require States 
        and localities to meet uniform and nondiscriminatory election 
        technology and administration requirements applicable to 
        Federal elections, to establish grant programs to provide 
        assistance to States and localities to meet those requirements 
        and to improve election technology and the administration of 
        Federal elections, to establish the Election Administration 
        Commission, and for other purposes.''.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                               H. R. 3295

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                               AMENDMENTS