[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                H. R. 3295

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Help America Vote 
Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--PUNCH CARD VOTING MACHINES

                  Subtitle A--Replacement of Machines

Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.
         Subtitle B--Enhancing Performance of Existing Systems

Sec. 111. Establishment of program.
Sec. 112. Eligibility.
Sec. 113. Amount of payment.
Sec. 114. Audit and repayment of funds.
                     Subtitle C--General Provisions

Sec. 121. Authorization of appropriations.
Sec. 122. Punch card voting system defined.
                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 Part 1--Election Assistance Commission

Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Limitation on rulemaking authority.
Sec. 207. Authorization of appropriations.
  Part 2--Election Assistance Commission Standards Board and Board of 
                                Advisors

Sec. 211. Establishment.
Sec. 212. Duties.
Sec. 213. Membership of Standards Board.
Sec. 214. Membership of Board of Advisors.
Sec. 215. Powers of boards; no compensation for service.
Sec. 216. Status of boards and members for purposes of claims against 
                            board.
                Subtitle B--Voluntary Election Standards

Sec. 221. Development of voluntary election standards.
Sec. 222. Technical standards development committee.
Sec. 223. Process for adoption of voluntary standards.
Sec. 224. Certification and testing of voting systems.
Sec. 225. Dissemination of information.
                    Subtitle C--Election Assistance

Part 1--Election Fund Payments to States for Voting System Improvements

Sec. 231. Election fund payments to States for voting system 
                            improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.
Sec. 235. Reports.
     Part 2--Grants for Research on Voting Technology Improvements

Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.
     Part 3--Pilot Program for Testing of Equipment and Technology

Sec. 251. Pilot program.
Sec. 252. Report.
Sec. 253. Authorization of appropriations.
                         Part 4--Miscellaneous

Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.
              TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM

Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.
                 TITLE IV--HELP AMERICA VOTE FOUNDATION

Sec. 401. Help America Vote Foundation.
         TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS

Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.
   TITLE VI--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS

Sec. 601. Voting assistance programs.
Sec. 602. Designation of single State office to provide information on 
                            registration and absentee ballots for all 
                            voters in State.
Sec. 603. Report on absentee ballots transmitted and received after 
                            general elections.
Sec. 604. Simplification of voter registration and absentee ballot 
                            application procedures for absent uniformed 
                            services and overseas voters.
Sec. 605. Additional duties of Presidential designee under Uniformed 
                            and Overseas Citizens Absentee Voting Act.
Sec. 606. Use of buildings on military installations and reserve 
                            component facilities as polling places.
                    TITLE VII--TRANSITION PROVISIONS

   Subtitle A--Transfer to Commission of Functions Under Certain Laws

Sec. 701. Federal Election Campaign Act of 1971.
Sec. 702. National Voter Registration Act of 1993.
Sec. 703. Transfer of property, records, and personnel.
Sec. 704. Effective date; transition.
   Subtitle B--Coverage of Commission Under Certain Laws and Programs

Sec. 711. Treatment of Commission personnel under certain civil service 
                            laws.
Sec. 712. Coverage under Inspector General Act of 1978.
                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. State defined.
Sec. 802. Miscellaneous provisions to protect integrity of election 
                            process.
Sec. 803. No effect on other laws.

                  TITLE I--PUNCH CARD VOTING MACHINES

                  Subtitle A--Replacement of Machines

SEC. 101. ESTABLISHMENT OF PROGRAM.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of General Services (hereafter 
in this title referred to as the ``Administrator'') shall establish a 
program under which the Administrator shall make a one-time payment to 
each eligible State or unit of local government which used a punch card 
voting system to administer the regularly scheduled general election 
for Federal office held in November 2000.
    (b) Use of Funds.--A State or unit of local government shall use 
the funds provided under a payment under this subtitle (either directly 
or as reimbursement) to replace its punch card voting system with a 
voting system which does not use punch cards (by purchase, lease, or 
such other arrangement as may be appropriate).
    (c) Deadline.--
            (1) In general.--A State or unit of local government 
        receiving a payment under the program under this subtitle 
        shall--
                    (A) obligate the funds provided for the uses 
                described in subsection (b) not later than the date of 
                the regularly scheduled general election for Federal 
                office to be held in November 2002; and
                    (B) ensure that all of the punch card voting 
                systems under its jurisdiction have been replaced in 
                time for the regularly scheduled general election for 
                Federal office to be held in November 2004.
            (2) Waiver.--If a State or unit of local government 
        provides the Election Assistance Commission (established under 
        section 201) (not later than the date of the regularly 
        scheduled general election for Federal office to be held in 
        November 2002) with a notice that the State or unit will not 
        meet the deadlines described in paragraph (1) and includes in 
        the notice the reasons for the failure to meet such deadlines, 
        and the Commission finds that there is good cause for the 
        failure to meet such deadlines, paragraph (1) shall apply to 
        the State or unit as if--
                    (A) the reference in paragraph (1)(A) to ``November 
                2002'' were a reference to ``November 2004''; and
                    (B) the reference in paragraph (1)(B) to ``November 
                2004'' were a reference to ``November 2006''.

SEC. 102. ELIGIBILITY.

    (a) States.--A State is eligible to receive a payment under the 
program under this subtitle if it submits to the Administrator an 
application not later than 120 days after the date of the enactment of 
this Act (in such form as the Administrator may require) which 
contains--
            (1) assurances that the State will use the payment (either 
        directly or as reimbursement) to replace punch card voting 
        systems in jurisdictions within the State which used such 
        systems to carry out the general Federal election held in 
        November 2000;
            (2) assurances that in replacing punch card voting systems 
        the State will continue to meets its duties under the Voting 
        Accessibility for the Elderly and Handicapped Act (42 U.S.C. 
        1973ee et seq.) and the Americans With Disabilities Act, and 
        will consider the use of new technology by individuals with 
        disabilities (including blindness);
            (3) assurances that in replacing punch card voting systems 
        the State will provide for alternative language accessibility 
        for individuals with limited English proficiency, consistent 
        with the requirements of the Voting Rights Act of 1965 and any 
        other applicable provisions of law; and
            (4) such other information and assurances as the 
        Administrator may require which are necessary for the 
        administration of the program.
    (b) Unit of Local Government.--A unit of local government is 
eligible to receive a payment under the program under this subtitle if 
it submits to the Administrator--
            (1) not later than the date of the regularly scheduled 
        general election for Federal office to be held in November 
        2002, a statement of its intent to participate in the program, 
        including assurances that the State in which the unit is 
        located--
                    (A) failed to submit an application under 
                subsection (a) within the deadline specified under such 
                subsection,
                    (B) is otherwise not eligible to receive a payment 
                under the program, or
                    (C) will not use the payment to replace punch card 
                voting systems in the unit; and
            (2) an application (at such time and in such form as the 
        Administrator may require) which contains similar assurances to 
        those required to be provided by a State in its application 
        under subsection (a).

SEC. 103. AMOUNT OF PAYMENT.

    (a) In General.--The amount of payment made to a State or unit of 
local government under the program under this subtitle shall be equal 
to the applicable per precinct matching rate of the cost to the State 
or unit (as the case may be) of replacing the punch card voting systems 
used in each precinct in the State or unit (as the case may be), except 
that in no case may the amount of the payment exceed the product of--
            (1) the number of voting precincts administered by the 
        State or unit which used a punch card voting system to carry 
        out the general Federal election held in November 2000; and
            (2) $6,000.
    (b) Applicable Per Precinct Matching Rate Defined.--In subsection 
(a), the ``applicable per precinct matching rate'' is--
            (1) 90 percent; or
            (2) 95 percent, in the case of a precinct whose average per 
        capita income is within the lowest quartile of average per 
        capita incomes for all precincts in the United States (as 
        determined by the 2000 decennial census).

SEC. 104. AUDIT AND REPAYMENT OF FUNDS.

    (a) Audit.--Funds provided under the program under this subtitle 
shall be subject to audit by the Administrator.
    (b) Repayment for Failure To Meet Deadlines.--If a State or unit of 
local government (as the case may be) receiving funds under the program 
under this subtitle fails to meet the deadlines applicable to the State 
or unit under section 101(c), the State or unit shall pay to the 
Administrator an amount equal to the amount of the funds provided to 
the State or unit under the program.

SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.

    For purposes of this subtitle, a ``punch card voting system'' means 
any of the following voting systems:
            (1) C.E.S.
            (2) Datavote.
            (3) PBC Counter.
            (4) Pollstar.
            (5) Punch Card.
            (6) Vote Recorder.
            (7) Votomatic.

         Subtitle B--Enhancing Performance of Existing Systems

SEC. 111. ESTABLISHMENT OF PROGRAM.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator shall establish a program 
under which the Administrator shall make a one-time payment to each 
eligible State or unit of local government which used a punch card 
voting system to administer the regularly scheduled general election 
for Federal office held in November 2000.
    (b) Use of Funds.--A State or unit of local government shall use 
the funds provided under a payment under this subtitle (either directly 
or as reimbursement) to make technical enhancements to the performance 
of its punch card voting system (by any arrangement as may be 
appropriate).
    (c) Deadline.--
            (1) In general.--A State or unit of local government 
        receiving a payment under the program under this subtitle 
        shall--
                    (A) obligate the funds provided for the uses 
                described in subsection (b) not later than the date of 
                the regularly scheduled general election for Federal 
                office to be held in November 2002; and
                    (B) ensure that technical enhancements have been 
                made to the performance of all of the punch card voting 
                systems under its jurisdiction in time for the 
                regularly scheduled general election for Federal office 
                to be held in November 2004.
            (2) Waiver.--If a State or unit of local government 
        provides the Election Assistance Commission (established under 
        section 201) (not later than the date of the regularly 
        scheduled general election for Federal office to be held in 
        November 2002) with a notice that the State or unit will not 
        meet the deadlines described in paragraph (1) and includes in 
        the notice the reasons for the failure to meet such deadlines, 
        and the Commission finds that there is good cause for the 
        failure to meet such deadlines, paragraph (1) shall apply to 
        the State or unit as if--
                    (A) the reference in paragraph (1)(A) to ``November 
                2002'' were a reference to ``November 2004''; and
                    (B) the reference in paragraph (1)(B) to ``November 
                2004'' were a reference to ``November 2006''.

SEC. 112. ELIGIBILITY.

    (a) States.--Subject to subsection (c), a State is eligible to 
receive a payment under the program under this subtitle if it submits 
to the Administrator an application not later than 120 days after the 
date of the enactment of this Act (in such form as the Administrator 
may require) which contains--
            (1) assurances that the State will use the payment (either 
        directly or as reimbursement) to make technical enhancements to 
        the performance of punch card voting systems in jurisdictions 
        within the State which used such systems to carry out the 
        general Federal election held in November 2000;
            (2) assurances that in enhancing the performance of such 
        voting systems the State will continue to meets its duties 
        under the Voting Accessibility for the Elderly and Handicapped 
        Act (42 U.S.C. 1973ee et seq.) and the Americans With 
        Disabilities Act; and
            (3) such other information and assurances as the 
        Administrator may require which are necessary for the 
        administration of the program.
    (b) Units of Local Government.--Subject to subsection (c), a unit 
of local government is eligible to receive a payment under the program 
under this subtitle if it submits to the Administrator--
            (1) not later than the date of the regularly scheduled 
        general election for Federal office to be held in November 
        2002, a statement of its intent to participate in the program, 
        including assurances that the State in which the unit is 
        located--
                    (A) failed to submit an application under 
                subsection (a) within the deadline specified under such 
                subsection,
                    (B) is otherwise not eligible to receive a payment 
                under the program, or
                    (C) will not use the payment to enhance the 
                performance of punch card voting systems in the unit; 
                and
            (2) an application (at such time and in such form as the 
        Administrator may require) which contains similar assurances to 
        those required to be provided by a State in its application 
        under subsection (a).
    (c) Prohibiting Participation in Punch Card Replacement Program.--A 
State or unit of local government is not eligible to receive a payment 
under the program under this subtitle if the State or unit receives a 
payment under the program under subtitle A.

SEC. 113. AMOUNT OF PAYMENT.

    (a) In General.--The amount of payment made to a State or unit of 
local government under the program under this subtitle shall be equal 
to the applicable per precinct matching rate of the cost to the State 
or unit (as the case may be) of the activities to be funded with the 
payment under the program in each precinct in the State or unit (as the 
case may be), except that in no case may the amount of the payment 
exceed the product of--
            (1) the number of voting precincts administered by the 
        State or unit which used a punch card voting system to carry 
        out the general Federal election held in November 2000; and
            (2) $2,000.
    (b) Applicable Per Precinct Matching Rate Defined.--In subsection 
(a), the ``applicable per precinct matching rate'' is--
            (1) 90 percent; or
            (2) 95 percent, in the case of a precinct whose average per 
        capita income is within the lowest quartile of average per 
        capita incomes for all precincts in the United States (as 
        determined by the 2000 decennial census).

SEC. 114. AUDIT AND REPAYMENT OF FUNDS.

    (a) Audit.--Funds provided under the program under this subtitle 
shall be subject to audit by the Administrator.
    (b) Repayment for Failure To Meet Requirements.--If a State or unit 
of local government (as the case may be) receiving funds under the 
program under this subtitle fails to meet the deadlines applicable to 
the State or unit under section 111(c), the State or unit shall pay to 
the Administrator an amount equal to the amount of the funds provided 
to the State or unit under the program.

                     Subtitle C--General Provisions

SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for 
payments under this title $400,000,000, to remain available until 
expended (subject to subsection (b)).
    (b) Use of Returned Funds and Funds Remaining Unexpended for 
Election Fund Payments.--
            (1) In general.--The amounts referred to in paragraph (2) 
        shall be transferred to the Election Assistance Commission 
        (established under title II) and used by the Commission to make 
        Election Fund payments under part 1 of subtitle C of title II.
            (2) Amounts described.--The amounts referred to in this 
        paragraph are as follows:
                    (A) Any amounts appropriated pursuant to the 
                authorization under this section which remain 
                unobligated as of the date of the regularly scheduled 
                general election for Federal office held in November 
                2002.
                    (B) Any amounts paid to the Administrator by a 
                State or unit of local government under section 104(b).
                    (C) Any amounts paid to the Administrator by a 
                State or unit of local government under section 114(b).

SEC. 122. PUNCH CARD VOTING SYSTEM DEFINED.

    For purposes of this title, a ``punch card voting system'' means 
any of the following voting systems:
            (1) C.E.S.
            (2) Datavote.
            (3) PBC Counter.
            (4) Pollstar.
            (5) Punch Card.
            (6) Vote Recorder.
            (7) Votomatic.

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 PART 1--ELECTION ASSISTANCE COMMISSION

SEC. 201. ESTABLISHMENT.

    There is hereby established as an independent entity in the 
executive branch the Election Assistance Commission (hereafter in this 
title referred to as the ``Commission''), consisting of the members 
appointed under this part. Additionally, there is established the 
Election Assistance Commission Standards Board (including the Executive 
Board of such Board) under part 2 and the Election Assistance 
Commission Board of Advisors under part 2.

SEC. 202. DUTIES.

    The Commission shall serve as a national clearinghouse and resource 
for the compilation of information and review of procedures with 
respect to the administration of Federal elections by--
            (1) carrying out the duties described in subtitle B 
        (relating to voluntary election standards);
            (2) carrying out the duties described in subtitle C 
        (relating to election assistance), and providing information 
        and training on the management of the grants provided under 
        such subtitle; and
            (3) developing and carrying out the Help America Vote 
        College Program under title III.

SEC. 203. MEMBERSHIP AND APPOINTMENT.

    (a) Membership.--
            (1) In general.--The Commission shall have 4 members 
        appointed by the President, by and with the consent of the 
        Senate, of whom--
                    (A) 1 shall be appointed from among a list of 
                nominees submitted by the majority leader of the 
                Senate;
                    (B) 1 shall be appointed from among a list of 
                nominees submitted by the minority leader of the 
                Senate;
                    (C) 1 shall be appointed from among a list of 
                nominees submitted by the Speaker of the House of 
                Representatives; and
                    (D) 1 shall be appointed from among a list of 
                nominees submitted by the minority leader of the House 
                of Representatives.
            (2) Qualifications.--Each member of the Commission shall 
        have experience with or expertise in election administration or 
        the study of elections, except that no individual may serve as 
        a member of the Commission if the individual is an officer or 
        employee of the Federal Government at any time during the 
        period of service on the Commission.
            (3) Date of appointment.--The appointments of the members 
        of the Commission shall be made not later than 30 days after 
        the date of enactment of this Act.
    (b) Term of Service.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), members shall serve for a term of 4 years and may be 
        reappointed for not more than one additional term.
            (2) Terms of initial appointees.--As designated by the 
        President at the time of appointment, of the members first 
        appointed--
                    (A) 2 of the members (not more than 1 of whom may 
                be affiliated with the same political party) shall be 
                appointed for a term of 2 years; and
                    (B) 2 of the members (not more than 1 of whom may 
                be affiliated with the same political party) shall be 
                appointed for a term of 4 years.
            (3) Vacancies.--
                    (A) In general.--A vacancy on the Commission shall 
                be filled in the manner in which the original 
                appointment was made and 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 chosen to fill 
                a vacancy shall be appointed for the unexpired term of 
                the member replaced.
    (c) Chair and Vice Chair.--The Commission shall select a chair and 
vice chair from among its members for a term of 1 year, except that the 
chair and vice chair may not be affiliated with the same political 
party.
    (d) Compensation.--
            (1) In general.--Members of the Commission shall each be 
        paid at an annual rate equal to $30,000.
            (2) Travel expenses.--Members of the Commission shall each 
        receive 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 Commission.
            (3) Outside employment permitted.--A member of the 
        Commission may hold any other office or employment not 
        inconsistent or in conflict with the member's duties, 
        responsibilities, and powers as a member of the Commission.

SEC. 204. STAFF.

    (a) Executive Director and Other Staff.--
            (1) In general.--The Commission shall have an Executive 
        Director, who shall be paid at a rate not to exceed the rate of 
        basic pay for level V of the Executive Schedule.
            (2) Term of service for executive director.--Except as 
        provided in paragraph (3)(C), the Executive Director shall 
        serve for a term of 4 years. An Executive Director may be 
        reappointed for additional terms.
            (3) Procedure for appointment.--
                    (A) In general.--When a vacancy exists in the 
                position of the Executive Director, the Election 
                Assistance Commission Standards Board and the Election 
                Assistance Commission Board of Advisors (described in 
                part 2) shall each appoint a search committee to 
                recommend not fewer than 3 nominees for the position.
                    (B) Requiring consideration of nominees.--Except as 
                provided in subparagraph (C), the Commission shall 
                consider the nominees recommended by the Standards 
                Board and the Board of Advisors in appointing the 
                Executive Director.
                    (C) Special rules for first executive director.--
                            (i) Convening of search committees.--The 
                        Standards Board and the Board of Advisors shall 
                        each appoint a search committee and recommend 
                        nominees for the position of Executive Director 
                        in accordance with subparagraph (A) as soon as 
                        practicable after the appointment of their 
                        members.
                            (ii) Interim initial appointment.--
                        Notwithstanding subparagraph (B), the 
                        Commission may appoint an individual to serve 
                        as the first Executive Director prior to the 
                        recommendation of nominees for the position by 
                        the Standards Board or the Board of Advisors, 
                        except that such individual's term of service 
                        may not exceed 6 months. Nothing in the 
                        previous sentence may be construed to prohibit 
                        the individual serving as the first Executive 
                        Director from serving any additional term.
            (4) Other staff.--Subject to rules prescribed by the 
        Commission, the Executive Director may appoint and fix the pay 
        of such additional personnel as the Executive Director 
        considers appropriate.
            (5) Applicability of certain civil service laws.--The 
        Executive Director and staff of the Commission may be appointed 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        may be paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates, except that an 
        individual so appointed may not receive pay in excess of the 
        annual rate of basic pay for level V of the Executive Schedule.
    (b) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the Executive Director may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, with the approval of a majority of the members of the Commission.
    (c) Staff of Federal Agencies.--Upon request of the Chair, the head 
of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.
    (d) Arranging for Assistance for Board of Advisors and Standards 
Board.--At the request of the Election Assistance Commission Board of 
Advisors or the Election Assistance Commission Standards Board 
established under part 2, the Executive Director shall enter into such 
arrangements as the Executive Director considers appropriate to make 
personnel available to assist the Boards with carrying out their duties 
under this title (including contracts with private individuals for 
providing temporary personnel services or the temporary detailing of 
personnel of the Commission).
    (e) Consultation With Board of Advisors and Standards Board on 
Certain Matters.--In preparing the program goals, long-term plans, 
mission statements, and related matters for the Commission, the 
Executive Director and staff of the Commission shall consult with the 
Election Assistance Commission Board of Advisors and the Election 
Assistance Commission Standards Board established under part 2.

SEC. 205. POWERS.

    (a) Hearings and Sessions.--The Commission may hold such hearings 
for the purpose of carrying out this Act, sit and act at such times and 
places, take such testimony, and receive such evidence as the 
Commission considers advisable to carry out this Act. The Commission 
may administer oaths and affirmations to witnesses appearing before the 
Commission.
    (b) 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 Act. Upon request of 
the Chair of the Commission, the head of such department or agency 
shall furnish such information to the Commission.
    (c) 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.
    (d) Administrative Support Services.--Upon the request of the Chair 
of the Commission, the Administrator of General Services shall provide 
to the Commission, on a reimbursable basis, the administrative support 
services that are necessary to enable the Commission to carry out its 
duties under this Act.
    (e) Contracts.--The Commission may contract with and compensate 
persons and Federal agencies for supplies and services without regard 
to section 3709 of the Revised Statutes of the United States (41 U.S.C. 
5).

SEC. 206. LIMITATION ON RULEMAKING AUTHORITY.

    The Commission shall not have any authority to issue any rule, 
promulgate any regulation, or take any other action which imposes any 
requirement on any State or unit of local government, except to the 
extent permitted under the National Voter Registration Act of 1993.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    In addition to the amounts authorized for payments and grants under 
subtitle C and the amounts authorized to be appropriated for the 
program under section 303, there are authorized to be appropriated for 
each of the fiscal years 2002 through 2004 such sums as may be 
necessary (but not to exceed $10,000,000 for each such year) for the 
Commission to carry out its duties under this title.

  PART 2--ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF 
                                ADVISORS

SEC. 211. ESTABLISHMENT.

    There are hereby established the Election Assistance Commission 
Standards Board (hereafter in this title referred to as the ``Standards 
Board'') and the Election Assistance Commission Board of Advisors 
(hereafter in this title referred to as the ``Board of Advisors'').

SEC. 212. DUTIES.

    The Standards Board and the Board of Advisors shall each, in 
accordance with the procedures described in section 223, review any of 
the voluntary engineering and procedural performance standards 
described in section 221(a)(1), any of the voluntary standards 
described in section 221(a)(4), and any of the voluntary election 
management practice standards described in section 221(a)(6) (and any 
modifications to such standards) which are recommended by the 
Commission under subtitle B.

SEC. 213. MEMBERSHIP OF STANDARDS BOARD.

    (a) Composition.--
            (1) In general.--Subject to certification by the chair of 
        the Federal Election Commission under subsection (b), the 
        Standards Board shall be composed of 110 members as follows:
                    (A) 55 shall be State election officials selected 
                by the chief State election officials of each State.
                    (B) 55 shall be local election officials selected 
                in accordance with paragraph (2).
            (2) List of local election officials.--Each State's local 
        election officials shall select (under a process supervised by 
        the chief election official of the State) a representative 
        local election official from the State for purposes of 
        paragraph (1)(B). In the case of the District of Columbia, 
        Guam, and American Samoa, the chief election official shall 
        establish a procedure for selecting an individual to serve as a 
        local election official for purposes of such paragraph, except 
        that under such a procedure the individual selected may not be 
        a member of the same political party as the chief election 
        official.
            (3) Requiring mix of political parties represented.--The 2 
        members of the Standards Board who represent the same State may 
        not be members of the same political party.
    (b) Procedures for Notice and Certification of Appointment.--
            (1) Notice to chair of federal election commission.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the chief State election official of the State shall transmit a 
        notice to chair of the Federal Election Commission containing--
                    (A) a statement that the selected State election 
                official agrees to serve on the Standards Board under 
                this title; and
                    (B) the name of the representative local election 
                official from the State selected under subsection 
                (a)(2) who will serve on the Standards Board under this 
                title.
            (2) Certification.--Upon receiving a notice from a State 
        under paragraph (1), the chair of the Federal Election 
        Commission shall publish a certification that the selected 
        State election official and the representative local election 
        official are appointed as members of the Standards Board under 
        this title.
            (3) Effect of failure to provide notice.--If a State does 
        not transmit a notice to the chair of the Federal Election 
        Commission under paragraph (1) within the deadline described in 
        such paragraph, no representative from the State may 
        participate in the selection of the Executive Board under 
        subsection (c).
            (4) Role of commission.--Upon the appointment of the 
        members of the Election Assistance Commission, the Election 
        Assistance Commission shall carry out the duties of the Federal 
        Election Commission under this subsection.
    (c) Executive Board.--
            (1) In general.--Not later than 60 days after the last day 
        on which the appointment of any of its members may be certified 
        under subsection (b), the Standards Board shall select 9 of its 
        members to serve as the Executive Board of the Standards Board, 
        of whom--
                    (A) not more than 5 may be State election 
                officials;
                    (B) not more than 5 may be local election 
                officials; and
                    (C) not more than 5 may be members of the same 
                political party.
            (2) Terms.--Except as provided in paragraph (3), members of 
        the Executive Board of the Standards Board shall serve for a 
        term of 2 years and may not serve for more than 3 consecutive 
        terms.
            (3) Staggering of initial terms.--Of the members first 
        selected to serve on the Executive Board of the Standards 
        Board--
                    (A) 3 shall serve for one term;
                    (B) 3 shall serve for 2 consecutive terms; and
                    (C) 3 shall serve for 3 consecutive terms,
        as determined by lot at the time the members are first 
        appointed.
            (4) Duties.--In addition to any other duties assigned under 
        this title, the Executive Board of the Standards Board may 
        carry out such duties of the Standards Board as the Standards 
        Board may delegate.

SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.

    (a) In General.--The Board of Advisors shall be composed of 25 
members appointed as follows:
            (1) 2 members appointed by the United States Commission on 
        Civil Rights.
            (2) 2 members appointed by the Architectural and 
        Transportation Barrier Compliance Board under section 502 of 
        the Rehabilitation Act of 1973 (29 U.S.C. 792).
            (3) 2 members appointed by the National Governors 
        Association.
            (4) 2 members appointed by the National Conference of State 
        Legislatures.
            (5) 2 members appointed by the National Association of 
        Secretaries of State.
            (6) 2 members appointed by the National Association of 
        State Election Directors.
            (7) 2 members appointed by the National Association of 
        Counties.
            (8) 2 members appointed by the National Association of 
        County Recorders, Election Administrators, and Clerks.
            (9) 2 members appointed by the United States Conference of 
        Mayors.
            (10) 2 members appointed by the Election Center.
            (11) 2 members appointed by the International Association 
        of County Recorders, Election Officials, and Treasurers.
            (12) 2 members representing professionals in the field of 
        science and technology, of whom 1 shall be appointed by the 
        Speaker of the House of Representatives and 1 shall be 
        appointed by the majority leader of the Senate (or, if the 
        majority leader is a member of the same political party as the 
        Speaker, by the minority leader of the Senate).
            (13) The chief of the Office of Public Integrity of the 
        Department of Justice, or the chief's designee.
    (b) Diversity in Appointments.--Appointments shall be made to the 
Board of Advisors under subsection (a) in a manner which ensures that 
the Board of Advisors will be bipartisan in nature and will reflect the 
various geographic regions of the United States.
    (c) Term of Service; Vacancy.--Members of the Board of Advisors 
shall serve for a term of 2 years, and may be reappointed. Any vacancy 
in the Board of Advisors shall be filled in the manner in which the 
original appointment was made.
    (d) Chair.--The Board of Advisors shall elect a Chair from among 
its members.

SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE.

    (a) Hearings and Sessions.--
            (1) In general.--To the extent that funds are made 
        available by the Commission, the Standards Board (acting 
        through the Executive Board) and the Board of Advisors may each 
        hold such hearings for the purpose of carrying out this Act, 
        sit and act at such times and places, take such testimony, and 
        receive such evidence as each such Board considers advisable to 
        carry out this title, except that the Boards may not issue 
        subpoenas requiring the attendance and testimony of witnesses 
        or the production of any evidence.
            (2) Meetings.--The Standards Board and the Board of 
        Advisors shall each hold a meeting of its members--
                    (A) not less frequently than once every year for 
                purposes of voting on the standards referred to it 
                under section 223;
                    (B) in the case of the Standards Board, not less 
                frequently than once every 2 years for purposes of 
                selecting the Executive Board; and
                    (C) at such other times as it considers appropriate 
                for purposes of conducting such other business as it 
                considers appropriate consistent with this title.
    (b) Information From Federal Agencies.--The Standards Board and the 
Board of Advisors may each secure directly from any Federal department 
or agency such information as the Board considers necessary to carry 
out this Act. Upon request of the Executive Board (in the case of the 
Standards Board) or the Chair (in the case of the Board of Advisors), 
the head of such department or agency shall furnish such information to 
the Board.
    (c) Postal Services.--The Standards Board and the Board of Advisors 
may use the United States mails in the same manner and under the same 
conditions as a department or agency of the Federal Government.
    (d) Administrative Support Services.--Upon the request of the 
Executive Board (in the case of the Standards Board) or the Chair (in 
the case of the Board of Advisors), the Administrator of the General 
Services Administration shall provide to the Board, on a reimbursable 
basis, the administrative support services that are necessary to enable 
the Board to carry out its duties under this title.
    (e) No Compensation for Service.--Members of the Standards Board 
and members of the Board of Advisors shall not receive any compensation 
for their service, but shall be paid 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 Board.

SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF CLAIMS AGAINST 
              BOARD.

    (a) In General.--The provisions of chapters 161 and 171 of title 
28, United States Code, shall apply with respect to the liability of 
the Standards Board, the Board of Advisors, and their members for acts 
or omissions performed pursuant to and in the course of the duties and 
responsibilities of the Board.
    (b) Exception for Criminal Acts and Other Willful Conduct.--
Subsection (a) may not be construed to limit personal liability for 
criminal acts or omissions, willful or malicious misconduct, acts or 
omissions for private gain, or any other act or omission outside the 
scope of the service of a member of the Standards Board or the Board of 
Advisors.

                Subtitle B--Voluntary Election Standards

SEC. 221. DEVELOPMENT OF VOLUNTARY ELECTION STANDARDS.

    (a) In General.--The Commission shall:
            (1) In accordance with section 223, develop (through the 
        Executive Director of the Commission), adopt, and update (not 
        less often than every 4 years thereafter) voluntary engineering 
        and procedural performance standards for voting systems used in 
        Federal elections which shall meet the following requirements:
                    (A) The scope of the standards should include 
                security (including a documentary audit for non-ballot 
                systems), the procedures for certification and 
                decertification of software and hardware, the 
                assessment of usability, and operational guidelines for 
                the proper use and maintenance of equipment.
                    (B) The standards should provide that voters have 
                the opportunity to correct errors at the precinct or 
                other polling place, either within the voting equipment 
                itself or in the operational guidelines to 
                administrators for using the equipment, under 
                conditions which assure privacy to the voter.
                    (C) Each voting tally system certified for use 
                should include as part of the certification a proposed 
                statement of what constitutes a proper vote in the 
                design and operation of the system.
                    (D) New voting equipment systems certified either 
                by the Federal government or by any State should 
                provide a practical and effective means for voters with 
                physical disabilities (including blindness) to cast a 
                secret ballot.
            (2) Maintain a clearinghouse of information on the 
        experiences of State and local governments in implementing the 
        voluntary standards described in paragraph (1) and in operating 
        voting systems in general.
            (3) In accordance with section 224, provide for the 
        voluntary testing, certification, decertification, and 
        recertification of voting systems.
            (4) Advise States and units of local government regarding 
        compliance with the requirements of the Voting Accessibility 
        for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.) 
        and compliance with other Federal laws regarding accessibility 
        of registration facilities and polling places. Additionally, in 
        accordance with section 223, the Commission shall develop 
        (through the Executive Director of the Commission), adopt, and 
        update (not less often than every 4 years thereafter) voluntary 
        standards for maintaining and enhancing the accessibility and 
        privacy of registration facilities, polling places, and voting 
        methods with the goal of promoting for all individuals, 
        including the elderly and individuals with disabilities 
        (including blindness), the accessibility of polling places and 
        the effective use of voting systems and voting equipment which 
        provide the opportunity for casting a secure and secret ballot, 
        and shall include in such standards voluntary guidelines 
        regarding accessibility and ease-of-use for States and units of 
        local government to use when obtaining voting equipment and 
        selecting polling places. In carrying out this paragraph, the 
        Commission shall consult with the Architectural and 
        Transportation Barrier Compliance Board under section 502 of 
        the Rehabilitation Act of 1973 (29 U.S.C. 792) and other 
        individuals and entities with expertise in the accessibility of 
        facilities for individuals with disabilities.
            (5) Make periodic studies available to the public regarding 
        the election administration issues described in subsection (b), 
        with the goal of promoting methods of voting and administering 
        elections which--
                    (A) will be the most convenient, accessible, and 
                easy to use for voters, including members of the 
                uniformed services, blind and disabled voters, and 
                voters with limited English proficiency;
                    (B) will yield the most accurate, secure, and 
                expeditious system for voting and tabulating election 
                results;
                    (C) will be nondiscriminatory and afford each 
                registered and eligible voter an equal opportunity to 
                vote; and
                    (D) will be efficient and cost-effective for use.
            (6) In accordance with section 223, develop (through the 
        Executive Director of the Commission), adopt, and update (not 
        less often than every 4 years) voluntary election management 
        practice standards for State and local election officials to 
        maintain and enhance the administration of Federal elections, 
        including standards developed in consultation with the 
        Secretary of Defense to govern the treatment of absent 
        uniformed services voters (as defined in section 107(1) of the 
        Uniformed and Overseas Citizens Absentee Voting Act) and 
        overseas voters (as defined in section 107(5) of such Act) 
        which will include provisions to address each of the following:
                    (A) The rights of residence of uniformed services 
                voters absent due to military orders.
                    (B) The rights of absent uniformed services voters 
                and overseas voters to register to vote and cast 
                absentee ballots.
                    (C) The rights of absent uniformed services voters 
                and overseas voters to submit absentee ballot 
                applications early during an election year.
                    (D) The appropriate pre-election deadline for 
                mailing absentee ballots to absent uniformed services 
                voters and overseas voters.
                    (E) The appropriate minimum period between the 
                mailing of absentee ballots to absent uniformed 
                services voters and overseas voters and the deadline 
                for receipt of such ballots.
                    (F) The timely transmission of balloting materials 
                to absent uniformed services voters and overseas 
                voters.
                    (G) Security and privacy concerns in the 
                transmission, receipt, and processing of ballots from 
                absent uniformed services voters and overseas voters, 
                including the need to protect against fraud.
                    (H) The use of a single application by absent 
                uniformed services voters and overseas voters for 
                absentee ballots for all Federal elections occurring 
                during a year.
                    (I) The use of a single application for voter 
                registration and absentee ballots by absent uniformed 
                services voters and overseas voters.
                    (J) The use of facsimile machines and electronic 
                means of transmission of absentee ballot applications 
                and absentee ballots to absent uniformed services 
                voters and overseas voters.
                    (K) Other issues related to the rights of absent 
                uniformed services voters and overseas voters to 
                participate in elections.
            (7) Carry out the provisions of section 9 of the National 
        Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding 
        mail voter registration.
            (8) Make information on the Federal election system 
        available to the public and the media.
            (9) At the request of State officials, assist such 
        officials in the review of election or vote counting procedures 
        in Federal elections, through bipartisan panels of election 
        professionals assembled by the Commission for such purpose.
            (10) Compile and make available to the public the official 
        certified results of general elections for Federal office and 
        reports comparing the rates of voter registration, voter 
        turnout, voting system functions, and ballot errors among 
        jurisdictions in the United States.
            (11) Gather information and serve as a clearinghouse 
        concerning issues relating to Federal, State, and local 
        elections.
    (b) Election Administration Issues Described.--The election 
administration issues described in this subsection are as follows:
            (1) Current and alternate methods and mechanisms of voting 
        and counting votes in elections for Federal office.
            (2) Current and alternate ballot designs for elections for 
        Federal office.
            (3) Current and alternate methods of voter registration, 
        maintaining secure and accurate lists of registered voters 
        (including the establishment of a centralized, interactive, 
        statewide voter registration list linked to relevant agencies 
        and all polling sites), and ensuring that all registered voters 
        appear on the polling list at the appropriate polling site.
            (4) Current and alternate methods of conducting provisional 
        voting.
            (5) Current and alternate methods of ensuring the 
        accessibility of voting, registration, polling places, and 
        voting equipment to all voters, including disabled voters and 
        voters with limited English proficiency.
            (6) Current and alternate methods of voter registration for 
        members of the uniformed services and overseas voters, and 
        methods of ensuring that such voters receive timely ballots 
        that will be properly and expeditiously handled and counted.
            (7) Current and alternate methods of recruiting and 
        improving the performance of poll workers.
            (8) Federal and State laws governing the eligibility of 
        persons to vote.
            (9) Current and alternate methods of educating voters about 
        the process of registering to vote and voting, the operation of 
        voting mechanisms, the location of polling places, and all 
        other aspects of participating in elections.
            (10) Matters particularly relevant to voting and 
        administering elections in rural and urban areas.
            (11) 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.
            (12) The 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.
    (c) Consultation With Standards Board and Board of Advisors.--The 
Commission shall carry out its duties under this subtitle in 
consultation with the Standards Board and the Board of Advisors.

SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COMMITTEE.

    (a) Establishment.--There is hereby established the Technical 
Standards Development Committee (hereafter in this subtitle referred to 
as the ``Development Committee'').
    (b) Duties.--
            (1) In general.--The Development Committee shall assist the 
        Executive Director of the Commission in the development of 
        voluntary standards under this subtitle by recommending 
        standards (and modifications to standards) to ensure the 
        usability, accuracy, security, accessibility, and integrity of 
        voting systems and voting equipment.
            (2) Deadline for initial set of recommendations.--The 
        Development Committee shall provide its first set of 
        recommendations under this section to the Executive Director of 
        the Commission not later than 9 months after all of its members 
        have been appointed.
    (c) Membership.--
            (1) In general.--The Development Committee shall be 
        composed of the Director of the National Institute of Standards 
        and Technology (who shall serve as its chair), together with a 
        group of 14 other individuals appointed jointly by the 
        Commission and the Director of the National Institute of 
        Standards and Technology, consisting of the following:
                    (A) An equal number of each of the following:
                            (i) Members of the Standards Board.
                            (ii) Members of the Board of Advisors.
                            (iii) Members of the Architectural and 
                        Transportation Barrier Compliance Board under 
                        section 502 of the Rehabilitation Act of 1973 
                        (29 U.S.C. 792).
                    (B) A representative of the American National 
                Standards Institute.
                    (C) Other individuals with technical and scientific 
                expertise relating to voting systems and voting 
                equipment.
            (2) Quorum.--A majority of the members of the Development 
        Committee shall constitute a quorum, except that the 
        Development Committee may not conduct any business prior to the 
        appointment of all of its members.
    (d) No Compensation for Service.--Members of the Development 
Committee shall not receive any compensation for their service, but 
shall be paid 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 Development Committee.
    (e) Technical Support From National Institute of Standards and 
Technology.--At the request of the Development Committee, the Director 
of the National Institute of Standards and Technology shall provide the 
Development Committee with technical support necessary for the 
Development Committee to carry out its duties under this subtitle.
    (f) Publication of Recommendations in Federal Register.--At the 
time the Commission adopts any standard pursuant to section 223, the 
Development Committee shall cause to have published in the Federal 
Register the recommendations it provided under this section to the 
Executive Director of the Commission concerning the standard adopted.

SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STANDARDS.

    (a) Consideration of Recommendations of Development Committee; 
Submission of Proposed Voluntary Standards to Board of Advisors and 
Standards Board.--
            (1) Consideration of recommendations of development 
        committee.--In developing standards and modifications for 
        purposes of this section, the Executive Director of the 
        Commission shall take into consideration the recommendations 
        provided by the Technical Standards Development Committee under 
        section 222.
            (2) Board of advisors.--The Executive Director of the 
        Commission shall submit each of the voluntary engineering and 
        procedural performance standards (described in section 
        221(a)(1)), each of the voluntary standards described in 
        section 221(a)(4), and each of the voluntary election 
        management practice standards (described in section 221(a)(6)) 
        developed by the Executive Director (or any modifications to 
        such standards) to the Board of Advisors.
            (3) Standards board.--The Executive Director of the 
        Commission shall submit each of the voluntary engineering and 
        procedural performance standards (described in section 
        221(a)(1)), each of the voluntary standards described in 
        section 221(a)(4), and each of the voluntary election 
        management practice standards (described in section 221(a)(6)) 
        developed by the Executive Director (or any modifications to 
        such standards) to the Executive Board of the Standards Board, 
        who shall review the standard (or modification) and forward its 
        recommendations to the Standards Board.
    (b) Review.--Upon receipt of a voluntary standard described in 
subsection (a) (or modification of such a standard) from the Executive 
Director of the Commission, the Board of Advisors and the Standards 
Board shall each review and submit comments and recommendations 
regarding the standard (or modification) to the Commission.
    (c) Final Approval.--
            (1) In general.--A voluntary standard described in 
        subsection (a) (or modification of such a standard) shall not 
        be considered to be finally adopted by the Commission unless 
        the majority of the members of the Commission vote to approve 
        the final adoption of the standard (or modification), taking 
        into consideration the comments and recommendations submitted 
        by the Board of Advisors and the Standards Board under 
        subsection (b).
            (2) Minimum period for consideration of comments and 
        recommendations.--The Commission may not vote on the final 
        adoption of a voluntary standard described in subsection (a) 
        (or modification of such a standard) until the expiration of 
        the 90-day period which begins on the date the Executive 
        Director of the Commission submits the standard (or 
        modification) to the Board of Advisors and the Standards Board 
        under subsection (a).

SEC. 224. CERTIFICATION AND TESTING OF VOTING SYSTEMS.

    (a) Certification and Testing.--
            (1) In general.--The Commission shall provide for the 
        testing, certification, decertification, and recertification of 
        voting system hardware and software by accredited laboratories.
            (2) Optional use by states.--At the option of a State, the 
        State may provide for the testing, certification, 
        decertification, or recertification of its voting system 
        hardware and software by the laboratories accredited by the 
        Commission under this section.
    (b) Laboratory Accreditation.--
            (1) Recommendations by national institute of standards and 
        technology.--Not later than 6 months after the Commission first 
        adopts voluntary engineering and procedural performance 
        standards under this subtitle, the Director of the National 
        Institute of Standards and Technology shall conduct an 
        evaluation of independent, non-Federal laboratories and shall 
        submit to the Commission a list of those laboratories the 
        Director proposes to be accredited to carry out the testing, 
        certification, decertification, and recertification provided 
        for under this section.
            (2) Approval by commission.--The Commission shall vote on 
        the proposed accreditation of each laboratory on the list 
        submitted under paragraph (1), and no laboratory may be 
        accredited for purposes of this section unless its 
        accreditation is approved by a majority vote of the members of 
        the Commission.
    (c) Continuing Review by National Institute of Standards and 
Technology.--
            (1) In general.--In cooperation with the Commission and in 
        consultation with the Standards Board and the Board of 
        Advisors, the Director of the National Institute of Standards 
        and Technology shall monitor and review, on an ongoing basis, 
        the performance of the laboratories accredited by the 
        Commission under this section, and shall make such 
        recommendations to the Commission as it considers appropriate 
        with respect to the continuing accreditation of such 
        laboratories, including recommendations to revoke the 
        accreditation of any such laboratory.
            (2) Approval by commission required for revocation.--The 
        accreditation of a laboratory for purposes of this section may 
        not be revoked unless the revocation is approved by a majority 
        vote of the members of the Commission.

SEC. 225. DISSEMINATION OF INFORMATION.

    On an ongoing basis, the Commission shall disseminate to the public 
(through the Internet, published reports, and such other methods as the 
Commission considers appropriate) information on the activities carried 
out under this subtitle, including--
            (1) the voluntary election standards adopted by the 
        Commission, together with guidelines for applying the standards 
        and other information to assist in their implementation;
            (2) the list of laboratories accredited to carry out 
        testing, certification, decertification, and recertification of 
        voting system hardware and software under section 224; and
            (3) a list of voting system hardware and software products 
        which have been certified pursuant to section 224 as meeting 
        the applicable voluntary standards adopted by the Commission 
        under this subtitle.

                    Subtitle C--Election Assistance

PART 1--ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM IMPROVEMENTS

SEC. 231. ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM 
              IMPROVEMENTS.

    (a) In General.--The Commission shall make an Election Fund payment 
each year in an amount determined under section 232 to each State which 
meets the requirements described in section 233 for the year.
    (b) Use of Funds.--A State receiving an Election Fund payment shall 
use the payment for any or all of the following activities:
            (1) Establishing and maintaining accurate lists of eligible 
        voters.
            (2) Encouraging eligible voters to vote.
            (3) Improving verification and identification of voters at 
        the polling place.
            (4) Improving equipment and methods for casting and 
        counting votes.
            (5) Recruiting and training election official and poll 
        workers.
            (6) Improving the quantity and quality of available polling 
        places.
            (7) Educating voters about their rights and 
        responsibilities.
            (8) Assuring access for voters with physical disabilities 
        (including blindness).
            (9) Carrying out other activities to improve the 
        administration of elections in the State.
    (c) Adoption of Commission Standards Not Required To Receive 
Payment.--Nothing in this part may be construed to require a State to 
implement any of the voluntary standards adopted by the Commission with 
respect to any matter as a condition for receiving an Election Fund 
payment.
    (d) Schedule of Payments.--As soon as practicable after all members 
of the Commission are appointed (but in no event later than 6 months 
thereafter), and not less frequently than once each calendar year 
thereafter, the Commission shall make Election Fund payments to States 
under this part.

SEC. 232. ALLOCATION OF FUNDS.

    (a) In General.--Subject to subsection (c), the amount of an 
Election Fund payment made to a State for a year shall be equal to the 
product of--
            (1) the total amount appropriated for Election Fund 
        payments for the year under section 234; and
            (2) the State allocation percentage for the State (as 
        determined under subsection (b)).
    (b) State Allocation Percentage Defined.--The ``State allocation 
percentage'' for a State is the amount (expressed as a percentage) 
equal to the quotient of--
            (1) the voting age population of the State; and
            (2) the total voting age population of all States.
    (c) Minimum Amount of Payment.--The amount of an Election Fund 
payment made to a State for a year may not be less than--
            (1) in the case of any of the several States or the 
        District of Columbia, \1/2\ of 1 percent of the total amount 
        appropriated for Election Fund payments for the year under 
        section 234; or
            (2) in the case of the Commonwealth of Puerto Rico, Guam, 
        American Samoa, or the United States Virgin Islands, 20 percent 
        of the amount described in paragraph (1).
    (d) Continuing Availability of Funds After Appropriation.--An 
Election Fund payment made to a State under this part shall be 
available to the State without fiscal year limitation.

SEC. 233. CONDITIONS FOR RECEIPT OF FUNDS.

    (a) In General.--In order to receive an Election Fund payment for a 
fiscal year, the chief State election official of the State shall 
provide the Commission with the following certifications:
            (1) A certification that the State has authorized and 
        appropriated funds for carrying out the activities for which 
        the Election Fund payment is made in an amount equal to 25 
        percent of the total amount to be spent for such activities 
        (taking into account the Election Fund payment and the amount 
        spent by the State).
            (2) A certification that the State has set a uniform 
        Statewide benchmark for voting system performance in each local 
        jurisdiction administering elections, expressed as a percentage 
        of residual vote in the contest at the top of the ballot, and 
        requires local jurisdictions to report data relevant to this 
        benchmark after each general election for Federal office.
            (3) A certification that the State is in compliance with 
        the voluntary voting system standards and certification 
        processes adopted by the Commission or that the State has 
        enacted legislation establishing its own State voting system 
        standards and processes which (at a minimum) ensure that new 
        voting mechanisms have the audit capacity to produce a record 
        for each ballot cast.
            (4) A certification that--
                    (A) in each precinct or polling place in the State, 
                there is at least one voting system available which is 
                fully accessible to individuals with physical 
                disabilities (including blindness); and
                    (B) if the State uses any portion of its Election 
                Fund payment to obtain new voting machines, at least 
                one voting machine in each polling place in the State 
                will be fully accessible to individuals with physical 
                disabilities (including blindness).
            (5) A certification that the State has established a fund 
        described in subsection (b) for purposes of administering its 
        activities under this part.
            (6) A certification that, in administering election 
        systems, the State is in compliance with the existing 
        applicable requirements of the Voting Rights Act of 1965 (42 
        U.S.C. 1973 et seq.), the National Voter Registration Act of 
        1993 (42 U.S.C. 1973gg et seq.), the Voting Accessibility for 
        the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.), and 
        the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.).
            (7) A certification that the State provides for voter 
        education and poll worker training programs to improve access 
        to and participation in the electoral process, and provides 
        relevant training in the requirements of the National Voter 
        Registration Act of 1993 for personnel of State motor vehicle 
        authority offices and other voter registration agencies 
        designated by the State under such Act.
            (8) A certification that the Election Fund payment has not 
        and will not supplant funds provided under existing programs 
        funded in the State for carrying out the activities for which 
        the Election Fund payment is made.
    (b) Requirements for Election Fund.--
            (1) Election fund described.--For purposes of subsection 
        (a)(5), a fund described in this subsection with respect to a 
        State is a fund which is established in the treasury of the 
        State government, which is used in accordance with paragraph 
        (2), and which consists of the following amounts:
                    (A) Amounts appropriated or otherwise made 
                available by the State for carrying out the activities 
                for which the Election Fund payment is made to the 
                State under this part.
                    (B) The Election Fund payment made to the State 
                under this part.
                    (C) Such other amounts as may be appropriated under 
                law.
                    (D) Interest earned on deposits of the fund.
            (2) Use of fund.--Amounts in the fund shall be used by the 
        State exclusively to carry out the activities for which the 
        Election Fund payment is made to the State under this part.
    (c) Methods of Compliance Left to Discretion of State.--The 
specific choices on the methods of complying with the requirements 
described in subsection (a) shall be left to the discretion of the 
State.
    (d) Chief State Election Official Defined.--In this subtitle, the 
``chief State election official'' of a State is the individual 
designated by the State under section 10 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for 
coordination of the State's responsibilities under such Act.

SEC. 234. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for Election Fund payments 
under this part an aggregate amount of $2,250,000,000 for fiscal years 
2002 through 2004.

SEC. 235. REPORTS.

    Not later than the 6 months after the end of each fiscal year for 
which a State received an Election Fund payment under this part, the 
State shall submit a report to the Commission on the activities 
conducted with the funds provided during the year, and shall include in 
the report--
            (1) a list of expenditures made with respect to each 
        category of activities described in section 231(b); and
            (2) the number and type of articles of voting equipment 
        obtained with the funds.

     PART 2--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

SEC. 241. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS.

    (a) In General.--The Commission shall make grants to assist 
entities in carrying out research and development to improve the 
quality, reliability, accuracy, accessibility, affordability, and 
security of voting equipment, election systems, and voting technology.
    (b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Commission (at such time and in such 
form as the Commission may require) an application containing--
            (1) assurances that the research and development funded 
        with the grant will take into account the need to make voting 
        equipment fully accessible for individuals with disabilities 
        (including blind individuals), the need to ensure that such 
        individuals can vote independently and with privacy, and the 
        need to provide alternative language accessibility for 
        individuals with limited proficiency in the English language 
        (consistent with the requirements of the Voting Rights Act of 
        1965); and
            (2) such other information and assurances as the Commission 
        may require.
    (c) Applicability of Regulations Governing Patent Rights in 
Inventions Made With Federal Assistance.--Any invention made by the 
recipient of a grant under this part using funds provided under this 
part shall be subject to chapter 18 of title 35, United States Code 
(relating to patent rights in inventions made with Federal assistance).

SEC. 242. REPORT.

    (a) In General.--Each entity which receives a grant under this part 
shall submit to the Commission, Congress, and the President a report 
describing the activities carried out with the funds provided under the 
grant.
    (b) Deadline.--An entity shall submit a report required under 
subsection (a) not later than 60 days after the end of the fiscal year 
for which the entity received the grant which is the subject of the 
report.

SEC. 243. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for grants under this part 
$20,000,000 for fiscal year 2002.

     PART 3--PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY

SEC. 251. PILOT PROGRAM.

    (a) In General.--The Commission shall make grants to carry out 
pilot programs under which new technologies in voting systems and 
equipment are implemented on a trial basis.
    (b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Commission (at such time and in such 
form as the Commission may require) an application containing--
            (1) assurances that the pilot programs funded with the 
        grant will take into account the need to make voting equipment 
        fully accessible for individuals with disabilities (including 
        blind individuals), the need to ensure that such individuals 
        can vote independently and with privacy, and the need to 
        provide alternative language accessibility for individuals with 
        limited proficiency in the English language (consistent with 
        the requirements of the Voting Rights Act of 1965); and
            (2) such other information and assurances as the Commission 
        may require.

SEC. 252. REPORT.

    (a) In General.--Each entity which receives a grant under this part 
shall submit to the Commission, Congress, and the President a report 
describing the activities carried out with the funds provided under the 
grant.
    (b) Deadline.--An entity shall submit a report required under 
subsection (a) not later than 60 days after the end of the fiscal year 
for which the entity received the grant which is the subject of the 
report.

SEC. 253. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for grants under this part 
$10,000,000 for fiscal year 2002.

                         PART 4--MISCELLANEOUS

SEC. 261. ROLE OF NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.

    (a) Recommendation of Topics for Research Under Voting Research 
Grants and Pilot Programs.--The Director of the National Institute of 
Standards and Technology (hereafter in this section referred to as the 
``Director'') shall submit to the Commission an annual list of the 
Director's suggestions for issues which may be the subject of research 
funded with grants awarded under part 2 and part 3 during the year.
    (b) Review of Grant Applications Received by Commission.--The 
Commission shall submit each application it receives for a grant under 
part 2 or part 3 to the Director, who shall review the application and 
provide the Commission with such comments as the Director considers 
appropriate.
    (c) Monitoring and Adjustment of Grant Activities.--After the 
Commission has awarded a grant under part 2 or part 3, the Director 
shall monitor the grant and (to the extent permitted under the terms of 
the grant as awarded) may recommend to the Commission that the 
recipient of the grant modify and adjust the activities carried out 
under the grant.
    (d) Evaluation of Completed Grants.--
            (1) In general.--After the recipient of a grant awarded by 
        the Commission has completed the terms of the grant, the 
        Director shall prepare and submit to the Commission an 
        evaluation of the grant and the activities carried out under 
        the grant.
            (2) Inclusion in reports.--The Commission shall include the 
        evaluations submitted under paragraph (1) for a year in the 
        report submitted for the year under section 262.
    (e) Intramural Research and Development.--The Director shall 
establish a program for intramural research and development in areas to 
support the development of voluntary technical standards for voting 
products and systems, including--
            (1) the security of computers, computer networks, and 
        computer data storage used in voting products and systems, 
        including the Statewide voter registration networks required 
        under the minimum standard described in section 502(1);
            (2) methods to detect and prevent fraud;
            (3) the protection of voter privacy;
            (4) the role of human factors in the design and application 
        of voting products and systems, including assistive 
        technologies for individuals with disabilities (including 
        blindness) and varying levels of literacy; and
            (5) remote access voting, including voting through the 
        Internet.

SEC. 262. REPORTS.

    (a) Annual Reports on Activities.--Not later than 90 days after the 
end of each fiscal year, the Commission shall submit a report to the 
Committee on House Administration of the House of Representatives and 
the Committee on Rules and Administration of the Senate on the 
activities carried out by the Commission under this subtitle during the 
previous fiscal year, and shall include in the report a description of 
all applications for Election Fund payments and grants received by the 
Commission during the year under this subtitle and the disposition of 
such applications.
    (b) Report on Human Factor Research.--Not later than 1 year after 
the date of the enactment of this Act, the Commission, in consultation 
with the Director of the National Institute of Standards and 
Technology, shall submit a report to Congress which assesses the areas 
of human factor research, including usability engineering and human-
computer and human-machine interaction, which feasibly could be applied 
to voting products and systems design to ensure the usability and 
accuracy of voting products and systems, including methods to improve 
access for individuals with disabilities (including blindness) and to 
reduce voter error and the number of spoiled ballots in elections.

SEC. 263. AUDIT.

    (a) In General.--As a condition of receiving funds under this 
subtitle, a State or entity described in part 2 or part 3 shall agree 
that such funds shall be subject to audit if 2 or more members of the 
Commission vote to require an audit.
    (b) Mandatory Audit.--In addition to audits conducted pursuant to 
subsection (a), all funds provided under this subtitle shall be subject 
to mandatory audit at least once during the lifetime of the programs 
under this subtitle.

              TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM

SEC. 301. ESTABLISHMENT OF PROGRAM.

    (a) In General.--Not later than 1 year after the appointment of its 
members, the Election Assistance Commission shall develop a program to 
be known as the ``Help America Vote College Program'' (hereafter in 
this title referred to as the ``Program'').
    (b) Purposes of Program.--The purpose of the Program shall be--
            (1) 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
            (2) to encourage State and local governments to use the 
        services of the students participating in the Program.

SEC. 302. ACTIVITIES UNDER PROGRAM.

    (a) 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 
section 301(b).
    (b) 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.
    (c) 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.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    In addition to any funds authorized to be appropriated to the 
Commission under section 207, there are authorized to be appropriated 
to carry out this title--
            (1) $5,000,000 for fiscal year 2002; and
            (2) such sums as may be necessary for each succeeding 
        fiscal year.

                 TITLE IV--HELP AMERICA VOTE FOUNDATION

SEC. 401. HELP AMERICA VOTE FOUNDATION.

    (a) In General.--Part B of subtitle II of title 36, United States 
Code, is amended by inserting after chapter 1525 the following:

              ``CHAPTER 1526--HELP AMERICA VOTE FOUNDATION

``Sec.
``152601. Organization.
``152602. Purposes.
``152603. Board of directors.
``152604. Officers and employees.
``152605. Powers.
``152606. Principal office.
``152607. Service of process.
``152608. Annual audit.
``152609. Civil action by Attorney General for equitable relief.
``152610. Immunity of United States Government.
``152611. Authorization of appropriations.
``152612. Annual report.
``Sec. 152601. Organization
    ``(a) Federal Charter.--The Help America Vote Foundation (in this 
chapter, the `foundation') is a federally chartered corporation.
    ``(b) Nature of Foundation.--The foundation is a charitable and 
nonprofit corporation and is not an agency or establishment of the 
United States Government.
    ``(c) Perpetual Existence.--Except as otherwise provided, the 
foundation has perpetual existence.
``Sec. 152602. Purposes
    ``(a) In General.--The purposes of the foundation are to--
            ``(1) mobilize secondary school students (including 
        students educated in the home) in the United States to 
        participate in the election process in a nonpartisan manner as 
        poll workers or assistants;
            ``(2) place secondary school students (including students 
        educated in the home) as nonpartisan poll workers or assistants 
        to local election officials in precinct polling places across 
        the United States; and
            ``(3) establish cooperative efforts with State and local 
        election officials, local educational agencies, superintendents 
        and principals of public and private secondary schools, and 
        other appropriate nonprofit charitable and educational 
        organizations exempt from taxation under section 501(a) of the 
        Internal Revenue Code of 1986 as an organization described in 
        section 501(c)(3) of such Code to further the purposes of the 
        foundation.
    ``(b) Requiring Activities To Be Carried Out on Nonpartisan 
Basis.--The foundation shall carry out its purposes without partisan 
bias or without promoting any particular point of view regarding any 
issue, and shall ensure that each participant in its activities is 
governed in a balanced manner which does not reflect any partisan bias.
    ``(c) Consultation With State Election Officials.--The foundation 
shall carry out its purposes under this section in consultation with 
the chief election officials of the States, the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, and the United 
States Virgin Islands.
``Sec. 152603. Board of directors
    ``(a) General.--The board of directors is the governing body of the 
foundation.
    ``(b) Members and Appointment.--(1) The board consists of 12 
directors, who shall be appointed not later than 60 days after the date 
of the enactment of this chapter as follows:
            ``(A) 4 directors (of whom not more than 2 may be members 
        of the same political party) shall be appointed by the 
        President.
            ``(B) 2 directors shall be appointed by the Speaker of the 
        House of Representatives.
            ``(C) 2 directors shall be appointed by the minority leader 
        of the House of Representatives.
            ``(D) 2 directors shall be appointed by the majority leader 
        of the Senate.
            ``(E) 2 directors shall be appointed by the minority leader 
        of the Senate.
    ``(2) In addition to the directors described in paragraph (1), the 
chair and ranking minority member of the Committee on House 
Administration of the House of Representatives (or their designees) and 
the chair and ranking minority member of the Committee on Rules and 
Administration of the Senate (or their designees) shall each serve as 
an ex officio nonvoting member of the board.
    ``(3) A director is not an employee of the Federal government and 
appointment to the board does not constitute appointment as an officer 
or employee of the United States Government for the purpose of any law 
of the United States (except as may otherwise be provided in this 
chapter).
    ``(4) The terms of office of the directors are 4 years.
    ``(5) A vacancy on the board shall be filled in the manner in which 
the original appointment was made.
    ``(c) Chair.--The directors shall select one of the directors as 
the chair of the board. The individual selected may not be a current or 
former holder of any partisan elected office or a current or former 
officer of any national committee of a political party.
    ``(d) Quorum.--The number of directors constituting a quorum of the 
board shall be established under the bylaws of the foundation.
    ``(e) Meetings.--The board shall meet at the call of the chair of 
the board for regularly scheduled meetings, except that the board shall 
meet not less often than annually.
    ``(f) Reimbursement of Expenses.--Directors shall serve without 
compensation but may receive travel expenses, including per diem in 
lieu of subsistence, in accordance with sections 5702 and 5703 of title 
5.
    ``(g) Liability of Directors.--Directors are not personally liable, 
except for gross negligence.
``Sec. 152604. Officers and employees
    ``(a) Appointment of Officers and Employees.--The board of 
directors appoints, removes, and replaces officers and employees of the 
foundation.
    ``(b) Status and Compensation of Employees.--
            ``(1) In general.--Officers and employees of the 
        foundation--
                    ``(A) are not employees of the Federal government 
                (except as may otherwise be provided in this chapter);
                    ``(B) shall be appointed and removed without regard 
                to the provisions of title 5 governing appointments in 
                the competitive service; and
                    ``(C) may be paid without regard to chapter 51 and 
                subchapter III of chapter 53 of title 5.
            ``(2) Availability of federal employee rates for travel.--
        For purposes of any schedules of rates negotiated by the 
        Administrator of General Services for the use of employees of 
        the Federal government who travel on official business, 
        officers and employees of the foundation who travel while 
        engaged in the performance of their duties under this chapter 
        shall be deemed to be employees of the Federal government.
``Sec. 152605. Powers
    ``(a) General.--The foundation may--
            ``(1) adopt a constitution and bylaws;
            ``(2) adopt a seal which shall be judicially noticed; and
            ``(3) do any other act necessary to carry out this chapter.
    ``(b) Powers as Trustee.--To carry out its purposes, the foundation 
has the usual powers of a corporation acting as a trustee in the 
District of Columbia, including the power--
            ``(1) to accept, receive, solicit, hold, administer, and 
        use any gift, devise, or bequest, either absolutely or in 
        trust, of property or any income from or other interest in 
        property;
            ``(2) to acquire property or an interest in property by 
        purchase or exchange;
            ``(3) unless otherwise required by an instrument of 
        transfer, to sell, donate, lease, invest, or otherwise dispose 
        of any property or income from property;
            ``(4) to borrow money and issue instruments of 
        indebtedness;
            ``(5) to make contracts and other arrangements with public 
        agencies and private organizations and persons and to make 
        payments necessary to carry out its functions;
            ``(6) to sue and be sued; and
            ``(7) to do any other act necessary and proper to carry out 
        the purposes of the foundation.
    ``(c) Encumbered or Restricted Gifts.--A gift, devise, or bequest 
may be accepted by the foundation even though it is encumbered, 
restricted, or subject to beneficial interests of private persons, if 
any current or future interest is for the benefit of the foundation.
    ``(d) Contracts.--The foundation may enter into such contracts with 
public and private entities as it considers appropriate to carry out 
its purposes.
    ``(e) Annual Conference in Washington Metropolitan Area.--During 
each year (beginning with 2003), the foundation may sponsor a 
conference in the Washington, D.C., metropolitan area to honor 
secondary school students and other individuals who have served (or 
plan to serve) as poll workers and assistants and who have otherwise 
participated in the programs and activities of the foundation.
``Sec. 152606. Principal office
    ``The principal office of the foundation shall be in the District 
of Columbia unless the board of directors determines otherwise. 
However, the foundation may conduct business throughout the States, 
territories, and possessions of the United States.
``Sec. 152607. Service of process
    ``The foundation shall have a designated agent to receive service 
of process for the foundation. Notice to or service on the agent, or 
mailed to the business address of the agent, is notice to or service on 
the foundation.
``Sec. 152608. Annual audit
    ``The foundation shall enter into a contract with an independent 
auditor to conduct an annual audit of the foundation.
``Sec. 152609. Civil action by Attorney General for equitable relief
    ``The Attorney General may bring a civil action in the United 
States District Court for the District of Columbia for appropriate 
equitable relief if the foundation--
            ``(1) engages or threatens to engage in any act, practice, 
        or policy that is inconsistent with the purposes in section 
        152602 of this title; or
            ``(2) refuses, fails, or neglects to carry out its 
        obligations under this chapter or threatens to do so.
``Sec. 152610. Immunity of United States Government
    ``The United States Government is not liable for any debts, 
defaults, acts, or omissions of the foundation. The full faith and 
credit of the Government does not extend to any obligation of the 
foundation.
``Sec. 152611. Authorization of appropriations
    ``There are authorized to be appropriated to the foundation for 
carrying out the purposes of this chapter--
            ``(1) $5,000,000 for fiscal year 2002; and
            ``(2) such sums as may be necessary for each succeeding 
        fiscal year.
``Sec. 152612. Annual report
    ``As soon as practicable after the end of each fiscal year, the 
foundation shall submit a report to the Commission, the President, and 
Congress on the activities of the foundation during the prior fiscal 
year, including a complete statement of its receipts, expenditures, and 
investments. Such report shall contain information gathered from 
participating secondary school students describing the nature of the 
work they performed in assisting local election officials and the value 
they derived from the experience of educating participants about the 
electoral process.''.
    (b) Clerical Amendment.--The table of chapters for part B of 
subtitle II of title 36, United States Code, is amended by inserting 
after the item relating to chapter 1525 the following new item:

``1526. Help America Vote Foundation........................  152601''.

         TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS

SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS.

    (a) In General.--The chief State election official of each State 
shall certify in writing to the Election Assistance Commission that--
            (1) in administering election systems, the State is in 
        compliance with the existing applicable requirements of the 
        Voting Rights Act of 1965, the National Voter Registration Act 
        of 1993, the Uniformed and Overseas Citizens Absentee Voting 
        Act, the Voting Accessibility for the Elderly and Handicapped 
        Act, and the Americans With Disabilities Act of 1990; and
            (2) the State has enacted legislation to enable the State 
        to meet each of the minimum standards for State election 
        systems described in section 502.
    (b) Methods of Implementation Left to Discretion of State.--The 
specific choices on the methods of implementing the legislation enacted 
pursuant to subsection (a)(2) shall be left to the discretion of the 
State.
    (c) Chief State Election Official Defined.--In this title, the 
``chief State election official'' of a State is the individual 
designated by the State under section 10 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for 
coordination of the State's responsibilities under such Act.

SEC. 502. STANDARDS DESCRIBED.

    The minimum standards for State election systems described in this 
section are as follows:
            (1) The State will implement an official Statewide voter 
        registration system networked to every local jurisdiction in 
        the State, with provisions for sharing data with other States, 
        except that this paragraph shall not apply in the case of a 
        State in which, under law in effect continuously on and after 
        the date of the enactment of this Act, there is no voter 
        registration requirement for any voter in the State with 
        respect to an election for Federal office.
            (2) The State election system includes provisions to ensure 
        that voter registration records in the State are accurate and 
        are updated regularly, including the following:
                    (A) A system of file maintenance which removes 
                registrants who are ineligible to vote from the 
                official list of eligible voters. Under such system, 
                consistent with the National Voter Registration Act of 
                1993, registrants who have not voted in 2 or more 
                consecutive general elections for Federal office and 
                who have not responded to a notice shall be removed 
                from the official list of eligible voters, except that 
                no registrant may be removed solely by reason of a 
                failure to vote.
                    (B) Safeguards to ensure that eligible voters are 
                not removed in error from the official list of eligible 
                voters.
            (3) The State permits, by the deadline required under 
        section 504(b), in-precinct provisional voting by every voter 
        who claims to be qualified to vote in the State, or has adopted 
        an alternative which achieves the same objective, except that 
        this paragraph shall not apply in the case of a State in which, 
        under law in effect continuously on and after the date of the 
        enactment of this Act, all votes in the State in general 
        elections for Federal office are cast by mail.
            (4) The State has adopted uniform standards that define 
        what will constitute a vote on each category of voting 
        equipment certified for use in the State.
            (5) The State has implemented safeguards to ensure that 
        absent uniformed services voters (as defined in section 107(1) 
        of the Uniformed and Overseas Citizens Absentee Voting Act) and 
        overseas voters (as defined in section 107(5) of such Act) in 
        the jurisdiction have the opportunity to vote and to have their 
        votes counted.
            (6) The State requires new voting systems to provide a 
        practical and effective means for voters with physical 
        disabilities (including blindness) to cast a secret ballot.
            (7) If the State uses voting systems which give voters the 
        opportunity to correct errors, the State shall ensure that 
        voters are able to check for and correct errors under 
        conditions which assure privacy. States, and units of local 
        government within the States, procuring new voting machines 
        within their jurisdiction, except for States and units 
        replacing or supplementing existing equipment (within the same 
        voting system), shall ensure that the new voting system gives 
        voters the opportunity to correct errors before the vote is 
        cast.

SEC. 503. ENFORCEMENT.

    (a) Report by Commission to Attorney General.--If a State does not 
provide a certification under section 501 to the Election Assistance 
Commission, or if the Commission has credible evidence that a State's 
certification is false or that a State is carrying out activities in 
violation of the terms of the certification, the Commission shall 
notify the Attorney General.
    (b) Action by Attorney General.--After receiving notice from the 
Commission under subsection (a), the Attorney General may bring a civil 
action against a State in an appropriate district court for such 
declaratory or injunctive relief as may be necessary to remedy a 
violation of this title.

SEC. 504. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
requirements of this title shall take effect upon the expiration of the 
2-year period which begins on the date of the enactment of this Act, 
except that if the chief State election official of a State certifies 
that good cause exists to waive the requirements of this title with 
respect to the State until the date of the regularly scheduled general 
election for Federal office held in November 2004, the requirements 
shall apply with respect to the State beginning on the date of such 
election.
    (b) Deadlines for Implementation of Provisional Voting.--The 
minimum standard described in section 502(3) (relating to permitting 
in-precinct provisional voting) shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2002 and each succeeding election for Federal office, except 
that if the chief State election official of a State certifies that 
good cause exists to delay the implementation of such standard in the 
State, the standard shall apply in the State with respect to the 
regularly scheduled general election for Federal office held in 
November 2004 and each succeeding election for Federal office held in 
the State.

   TITLE VI--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS

SEC. 601. VOTING ASSISTANCE PROGRAMS.

    (a) In General.--(1) Chapter 80 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1566. Voting assistance: compliance assessments; assistance
    ``(a) Regulations.--The Secretary of Defense shall prescribe 
regulations to require that the Army, Navy, Air Force, and Marine Corps 
ensure their compliance with any directives issued by the Secretary of 
Defense in implementing any voting assistance program.
    ``(b) Voting Assistance Programs Defined.--In this section, the 
term `voting assistance programs' means--
            ``(1) the Federal Voting Assistance Program carried out 
        under the Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff et seq.); and
            ``(2) any similar program.
    ``(c) Annual Effectiveness and Compliance Reviews.--(1) The 
Inspector General of each of the Army, Navy, Air Force, and Marine 
Corps shall conduct--
            ``(A) an annual review of the effectiveness of voting 
        assistance programs; and
            ``(B) an annual review of the compliance with voting 
        assistance programs of that armed force.
    ``(2) Upon the completion of each annual review under paragraph 
(1), each Inspector General specified in that paragraph shall submit to 
the Inspector General of the Department of Defense a report on the 
results of each such review. Such report shall be submitted in time 
each year to be reflected in the report of the Inspector General of the 
Department of Defense under paragraph (3).
    ``(3) Not later than March 31 each year, the Inspector General of 
the Department of Defense shall submit to Congress a report on--
            ``(A) the effectiveness during the preceding calendar year 
        of voting assistance programs; and
            ``(B) the level of compliance during the preceding calendar 
        year with voting assistance programs of each of the Army, Navy, 
        Air Force, and Marine Corps.
    ``(d) Inspector General Assessments.--(1) The Inspector General of 
the Department of Defense shall periodically conduct at Department of 
Defense installations unannounced assessments of the compliance at 
those installations with--
            ``(A) the requirements of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);
            ``(B) Department of Defense regulations regarding that Act 
        and the Federal Voting Assistance Program carried out under 
        that Act; and
            ``(C) other requirements of law regarding voting by members 
        of the armed forces.
    ``(2) The Inspector General shall conduct an assessment under 
paragraph (1) at not less than 10 Department of Defense installations 
each calendar year.
    ``(3) Each assessment under paragraph (1) shall include a review of 
such compliance--
            ``(A) within units to which are assigned, in the aggregate, 
        not less than 20 percent of the personnel assigned to duty at 
        that installation;
            ``(B) within a representative survey of members of the 
        armed forces assigned to that installation and their 
        dependents; and
            ``(C) within unit voting assistance officers to measure 
        program effectiveness.
    ``(e) Regular Military Department Assessments.--The Secretary of 
each military department shall include in the set of issues and 
programs to be reviewed during any management effectiveness review or 
inspection at the installation level an assessment of compliance with 
the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff et seq.) and with Department of Defense regulations regarding 
the Federal Voting Assistance Program.
    ``(f) Voting Assistance Officers.--(1) Voting assistance officers 
shall be appointed or assigned under Department of Defense regulations. 
Commanders at all levels are responsible for ensuring that unit voting 
officers are trained and equipped to provide information and assistance 
to members of the armed forces on voting matters. Performance 
evaluation reports pertaining to a member who has been assigned to 
serve as a voting assistance officer shall comment on the performance 
of the member as a voting assistance officer. The Secretary of each 
military department shall certify to Congress that (at a minimum) a 
voting assistance officer has been appointed or assigned for each 
military installation and major command under the jurisdiction of the 
department and that a replacement will be appointed if the original 
officer is no longer able to serve.
    ``(2) Under regulations and procedures prescribed by the Secretary, 
a member of the armed forces appointed or assigned to duty as a voting 
assistance officer shall, to the maximum extent practicable, be given 
the time and resources needed to perform the member's duties as a 
voting assistance officer during the period in advance of a general 
election when members and their dependents are preparing and submitting 
absentee ballots.
    ``(3) As part of each assessment prepared by the Secretary of a 
military department under subsection (e), the Secretary shall--
            ``(A) specify the number of members of the armed forces 
        under the jurisdiction of the Secretary who are appointed or 
        assigned to duty as voting assistance officers;
            ``(B) specify the ratio of voting assistance officers to 
        active duty members of the armed forces under the jurisdiction 
        of the Secretary;
            ``(C) indicate whether this number and ratio comply with 
        the requirements of the Federal Voting Assistance Program; and
            ``(D) describe the training such members receive to perform 
        their duties as voting assistance officers.
    ``(g) Registration and Voting Information for Members and 
Dependents.--(1) The Secretary of each military department, using a 
variety of means including both print and electronic media, shall, to 
the maximum extent practicable, ensure that members of the armed forces 
and their dependents who are qualified to vote have ready access to 
information regarding voter registration requirements and deadlines 
(including voter registration), absentee ballot application 
requirements and deadlines, and the availability of voting assistance 
officers to assist members and dependents to understand and comply with 
these requirements.
    ``(2) The Secretary of each military department shall make the 
national voter registration form prepared for purposes of the Uniformed 
and Overseas Citizens Absentee Voting Act by the Federal Election 
Commission available so that each person who enlists, reenlists, or 
voluntarily extends an enlistment or who completes a permanent change 
of station in an active or reserve component of the Army, Navy, Air 
Force, or Marine Corps shall receive such form at the time of the 
enlistment, reenlistment, extension, or completion of the permanent 
change of station, or as soon thereafter as practicable.
    ``(3) Where practicable, a special day or days shall be designated 
at each military installation for the purpose of informing members of 
the armed forces and their dependents of election timing, registration 
requirements, and voting procedures.
    ``(h) Delivery of Mail From Overseas Preceding Federal Elections.--
(1) During the four months preceding a general Federal election month, 
the Secretary of Defense shall periodically conduct surveys of all 
overseas locations and vessels at sea with military units responsible 
for collecting mail for return shipment to the United States and all 
port facilities in the United States and overseas where military-
related mail is collected for shipment to overseas locations or to the 
United States. The purpose of each survey shall be to determine if 
voting materials are awaiting shipment at any such location and, if so, 
the length of time that such materials have been held at that location. 
During the fourth and third months before a general Federal election 
month, such surveys shall be conducted biweekly. During the second and 
first months before a general Federal election month, such surveys 
shall be conducted weekly.
    ``(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 submit to Congress a report describing the 
measures to be implemented to ensure the timely transmittal and 
postmarking of voting materials and identifying the persons responsible 
for implementing such measures.
    ``(3) The Secretary of each military department, utilizing the 
voting assistance officer network established for each military 
installation, 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.
    ``(4) In this section, the term `general Federal election month' 
means November in an even-numbered year.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``1566. Voting assistance: compliance assessments; assistance.''.
    (b) Initial Report.--The first report under section 1566(c)(3) of 
title 10, United States Code, as added by subsection (a), shall be 
submitted not later than March 31, 2003.

SEC. 602. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION ON 
              REGISTRATION AND ABSENTEE BALLOTS FOR ALL VOTERS IN 
              STATE.

    Section 102 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff-1) is amended--
            (1) by inserting ``(a) In General.--'' before ``Each 
        State''; and
            (2) by adding at the end the following new subsection:
    ``(b) Designation of Single State Office To Provide Information on 
Registration and Absentee Ballot Procedures for All Voters in State.--
            ``(1) In general.--Each State shall designate a single 
        office which shall be responsible for providing information 
        regarding voter registration procedures and absentee ballot 
        procedures (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.
            ``(2) Recommendation regarding use of office to accept and 
        process materials.--Congress recommends that the State office 
        designated under paragraph (1) be responsible for carrying out 
        the State's duties under this Act, including accepting valid 
        voter registration applications, absentee ballot applications, 
        and absentee ballots (including Federal write-in absentee 
        ballots) from all absent uniformed services voters and overseas 
        voters who wish to register to vote or vote in any jurisdiction 
        in the State.''.

SEC. 603. 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 section 602, is 
amended by adding at the end the following new subsection:
    ``(c) Report on Number of Absentee Ballots Transmitted and 
Received.--Not later than 90 days after the date of each regularly 
scheduled general election for Federal office, each State and unit of 
local government which administered the election shall (through the 
State, in the case of a unit of local government) submit a report to 
the Election Assistance Commission (established under the Help America 
Vote Act of 2001) on the number of absentee ballots transmitted to 
absent uniformed services voters and overseas voters for the election 
and the number of such ballots which 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 
Assistance Commission, working with the Election Assistance Commission 
Board of Advisors and the Election Assistance Commission Standards 
Board, shall develop a standardized format for the reports submitted by 
States and units of local government under section 102(c) 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. 604. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE BALLOT 
              APPLICATION PROCEDURES FOR ABSENT UNIFORMED SERVICES AND 
              OVERSEAS VOTERS.

    (a) Requiring States To Accept Official Form for Simultaneous Voter 
Registration and Absentee Ballot Application; Deadline for Processing 
Application.--
            (1) In general.--Section 102(a) of the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as 
        amended by section 602, is amended--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) accept and process, with respect to any election for 
        Federal office, any otherwise valid voter registration 
        application and absentee ballot application from an absent 
        uniformed services voter or overseas voter, if the application 
        is received by the appropriate State election official not less 
        than 30 days before the election;'';
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) use the official post card form (prescribed under 
        section 101) for simultaneous voter registration application 
        and absentee ballot application.''.
            (2) Conforming amendments.--Section 101(b)(2) of such Act 
        (42 U.S.C. 1973ff(b)(2)) is amended by striking ``as 
        recommended in section 104'' and inserting ``as required under 
        section 102(4)''.
    (b) Use of Single Application for All Subsequent Elections.--
Section 104 of such Act (42 U.S.C. 1973ff-3) is amended to read as 
follows:

``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

    ``(a) In General.--If a State accepts and processes an official 
post card form (prescribed under section 101) submitted by an absent 
uniformed services voter or overseas voter for simultaneous voter 
registration and absentee ballot application (in accordance with 
section 102(a)(4)) and the voter requests that the application be 
considered an application for an absentee ballot for each subsequent 
election for Federal office held in the State through the next 2 
regularly scheduled general elections for Federal office (including any 
runoff elections which may occur as a result of the outcome of such 
general elections), the State shall provide an absentee ballot for each 
such election.
    ``(b) Exception for Voters Changing Registration.--Subsection (a) 
shall not apply with respect to a voter registered to vote in a State 
for any election held after the voter notifies the State that the voter 
no longer wishes to be registered to vote in the State or after the 
State determines that the voter has registered to vote in another 
State.
    ``(c) Revision of Official Post Card Form.--The Presidential 
designee shall revise the official post card form (prescribed under 
section 101) to enable a voter using the form to--
            ``(1) request an absentee ballot for each election for 
        Federal office held in a State for which the voter may be 
        provided an absentee ballot under subsection (a); or
            ``(2) request an absentee ballot for only the next 
        scheduled election for Federal office held in a State.
    ``(d) No Effect on Voter Removal Programs.--Nothing in this section 
may be construed to prevent a State from removing any voter from the 
rolls of registered voters in the State under any program or method 
permitted under section 8 of the National Voter Registration Act of 
1993.''.

SEC. 605. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER UNIFORMED 
              AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.

    (a) Educating Election Officials on Responsibilities Under Act.--
Section 101(b)(1) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff(b)(1)) is amended by striking the 
semicolon at the end and inserting the following: ``, and ensuring that 
such officials are aware of the requirements of this Act;''.
    (b) Development of Standard Oath for Use With Materials.--
            (1) In general.--Section 101(b) of such Act (42 U.S.C. 
        1973ff(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) prescribe a standard oath for use with any document 
        under this title affirming that a material misstatement of fact 
        in the completion of such a document may constitute grounds for 
        a conviction for perjury.''.
            (2) Requiring states to use standard oath.--Section 102(a) 
        of such Act (42 U.S.C. 1973ff-1(b)), as amended by sections 603 
        and 605(a), is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) if the State requires an oath or affirmation to 
        accompany any document under this title, use the standard oath 
        prescribed by the Presidential designee under section 
        101(b)(7).''.
    (c) Providing Statistical Analysis of Voter Participation for Both 
Overseas Voters and Absent Uniformed Services Voters.--Section 
101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is amended by striking 
``a general assessment'' and inserting ``a separate statistical 
analysis''.

SEC. 606. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE 
              COMPONENT FACILITIES AS POLLING PLACES.

    (a) Limited Use of Military Installations Authorized.--Section 2670 
of title 10, United States Code, is amended--
            (1) by striking ``Under'' and inserting ``(a) Use by Red 
        Cross.--Under'';
            (2) by striking ``this section'' and inserting ``this 
        subsection''; and
            (3) by adding at the end the following new subsection:
    ``(b) Use as Polling Places.--(1) Notwithstanding any other 
provision of law, the Secretary of a military department may make a 
building located on a military installation under the jurisdiction of 
the Secretary available for use as a polling place in any Federal, 
State, or local public election, but only if such use is limited to 
eligible voters who reside on that military installation.
    ``(2) If a building located on a military installation is made 
available under paragraph (1) as the site of a polling place, the 
Secretary shall continue to make the building available for subsequent 
elections unless the Secretary provides to the appropriate State or 
local election officials advance notice, in a reasonable and timely 
manner, of the reasons why the building will no longer be made 
available as a polling place.
    ``(3) In this section, the term `military installation' has the 
meaning given the term in section 2687(e) of this title.''.
    (b) Use of Reserve Component Facilities.--(1) Section 18235 of 
title 10, United States Code, is amended by adding at the end the 
following new subsection:
    ``(c) Pursuant to a lease or other agreement under subsection 
(a)(2), the Secretary may make a facility covered by subsection (a) 
available for use as a polling place in any Federal, State, or local 
public election notwithstanding any other provision of law. If a 
facility is made available as the site of a polling place with respect 
to an election, the Secretary shall continue to make the facility 
available for subsequent elections unless the Secretary provides to the 
appropriate State or local election officials advance notice, in a 
reasonable and timely manner, of the reasons why the facility will no 
longer be made available as a polling place.''.
    (2) Section 18236 of such title is amended by adding at the end the 
following:
    ``(e) Pursuant to a lease or other agreement under subsection 
(c)(1), a State may make a facility covered by subsection (c) available 
for use as a polling place in any Federal, State, or local public 
election notwithstanding any other provision of law.''.
    (c) Conforming Amendments to Title 18.--(1) Section 592 of title 
18, United States Code, is amended by adding at the end the following 
new sentence:
    ``This section shall not apply to the actions of members of the 
Armed Forces at any polling place on a military installation where a 
general or special election is held in accordance with section 2670(b), 
18235, or 18236 of title 10.''.
    (2) Section 593 of such title is amended by adding at the end the 
following new sentence:
    ``This section shall not apply to the actions of members of the 
Armed Forces at any polling place on a military installation where a 
general or special election is held in accordance with section 2670(b), 
18235, or 18236 of title 10.''.
    (d) Conforming Amendment to Voting Rights Law.--Section 2003 of the 
Revised Statutes of the United States (42 U.S.C. 1972) is amended by 
adding at the end the following new sentence: ``Making a military 
installation or reserve component facility available as a polling place 
in a Federal, State, or local public election in accordance with 
section 2670(b), 18235, or 18236 of title 10, United States Code, is 
deemed to be consistent with this section.''.
    (e) Clerical Amendments.--(1) The heading of section 2670 of title 
10, United States Code, is amended to read as follows:
``Sec. 2670. Buildings on military installations: use by American 
              National Red Cross and as polling places in Federal, 
              State, and local elections''.
    (2) The item relating to such section in the table of sections at 
the beginning of chapter 159 of such title is amended to read as 
follows:

``2670. Buildings on military installations: use by American National 
                            Red Cross and as polling places in Federal, 
                            State, and local elections.''.

                    TITLE VII--TRANSITION PROVISIONS

   Subtitle A--Transfer to Commission of Functions Under Certain Laws

SEC. 701. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) Transfer of Functions of Office of Election Administration of 
Federal Election Commission.--There are transferred to the Election 
Assistance Commission established under section 201 all functions which 
the Office of the Election Administration, established within the 
Federal Election Commission, exercised before the date of enactment of 
this Act.
    (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. 702. NATIONAL VOTER REGISTRATION ACT OF 1993.

    (a) Transfer of Functions.--There are transferred to the Election 
Assistance Commission established under section 201 all functions which 
the Federal Election Commission exercised under the National Voter 
Registration Act of 1993 before the date of enactment of this Act.
    (b) Conforming Amendment.--Section 9(a) of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is amended by striking 
``Federal Election Commission'' and inserting ``Election Assistance 
Commission''.

SEC. 703. 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 Assistance Commission for appropriate allocation.
    (b) Personnel.--
            (1) In general.--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 Assistance Commission.
            (2) Effect.--Any full-time or part-time personnel employed 
        in permanent positions shall not be separated or reduced in 
        grade or compensation because of the transfer under this 
        subsection during the 1-year period beginning on the date of 
        the enactment of this Act.

SEC. 704. EFFECTIVE DATE; TRANSITION.

    (a) Effective Date.--This title and the amendments made by this 
title shall take effect upon the appointment of all members of the 
Election Assistance Commission under section 203.
    (b) Transition.--With the consent of the entity involved, the 
Election Assistance 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 Election Assistance 
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 B--Coverage of Commission Under Certain Laws and Programs

SEC. 711. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN CIVIL SERVICE 
              LAWS.

    (a) Coverage Under Hatch Act.--Section 7323(b)(2)(B)(i)(I) of title 
5, United States Code, is amended by inserting ``or the Election 
Assistance Commission'' after ``Commission''.
    (b) Exclusion From Senior Executive Service.--Section 3132(a)(1)(C) 
of title 5, United States Code, is amended by inserting ``or the 
Election Assistance Commission'' after ``Commission''.

SEC. 712. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.

    (a) In General.--Section 8G(a)(2) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by inserting ``the Election Assistance 
Commission,'' after ``Federal Election Commission,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the appointment of all members of the 
Election Assistance Commission under section 203.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801. STATE DEFINED.

    In this Act, the term ``State'' includes the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, and the United 
States Virgin Islands.

SEC. 802. MISCELLANEOUS PROVISIONS TO PROTECT INTEGRITY OF ELECTION 
              PROCESS.

    (a) Clarification of Ability of Election Officials To Remove 
Registrants From Official List of Voters on Grounds of Change of 
Residence.--Section 8(b)(2) of the National Voter Registration Act of 
1993 (42 U.S.C. 1973gg-6(b)(2)) is amended by striking the period at 
the end and inserting the following: ``, except that nothing in this 
paragraph may be construed to prohibit a State from using the 
procedures described in subsections (c) and (d) to remove an individual 
from the official list of eligible voters if the individual has not 
voted or appeared to vote in 2 or more consecutive general elections 
for Federal office and has not either notified the applicable registrar 
(in person or in writing) or responded to a notice sent by the 
applicable registrar during the period in which such elections are held 
that the individual intends to remain registered in the registrar's 
jurisdiction.''.
    (b) Prohibiting Efforts by Poll Workers To Coerce Voters To Cast 
Votes for Every Office on Ballot.--Section 594 of title 18, United 
States Code, is amended--
            (1) by striking ``Whoever'' and inserting ``(a) Whoever''; 
        and
            (2) by adding at the end the following new subsection:
    ``(b) For purposes of subsection (a), a poll worker who urges or 
encourages a voter who has not cast a vote for each office listed on 
the ballot to return to the voting booth to cast votes for every 
office, or who otherwise intimidates, harasses, or coerces the voter to 
vote for each such office (or who attempts to intimidate, harass, or 
coerce the voter to vote for each such office), shall be considered to 
have intimidated, threatened, or coerced (or to have attempted to 
intimidate, threaten, or coerce) the voter for the purpose of 
interfering with the voter's right to vote as the voter may choose. 
Nothing in this subsection shall prohibit a poll worker from providing 
information to a voter who requests assistance.''.

SEC. 803. NO EFFECT ON OTHER LAWS.

    (a) In General.--Nothing in this Act and no action taken pursuant 
to this Act shall supersede, restrict, or limit the application of the 
Voting Rights Act of 1965, the National Voter Registration Act of 1993, 
the Voting Accessibility for the Elderly and Handicapped Act, or the 
Americans with Disabilities Act of 1990.
    (b) No Conduct Authorized Which is Prohibited Under Other Laws.--
Nothing in this Act authorizes or requires any conduct which is 
prohibited by the Voting Rights Act of 1965, the National Voter 
Registration Act of 1993, or the Americans with Disabilities Act of 
1990.
    (c) Application to States, Local Governments, and Commission.--
Except as specifically provided in the case of the National Voter 
Registration Act of 1993, nothing in this Act may be construed to 
affect the application of the Voting Rights Act of 1965, the National 
Voter Registration Act of 1993, or the Americans with Disabilities Act 
of 1990 to any State, unit of local government, or other person, or to 
grant to the Election Assistance Commission the authority to carry out 
activities inconsistent with such Acts.

            Passed the House of Representatives December 12, 2001.

            Attest:

                                                                 Clerk.
107th CONGRESS

  1st Session

                               H. R. 3295

_______________________________________________________________________

                                 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.