[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Enrolled Bill (ENR)]

        H.R.3295

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 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 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

TITLE I--PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND 
           REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES

Sec. 101. Payments to States for activities to improve administration of 
          elections.
Sec. 102. Replacement of punch card or lever voting machines.
Sec. 103. Guaranteed minimum payment amount.
Sec. 104. Authorization of appropriations.
Sec. 105. Administration of programs.
Sec. 106. Effective date.

                          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. Dissemination of information.
Sec. 207. Annual report.
Sec. 208. Requiring majority approval for actions.
Sec. 209. Limitation on rulemaking authority.
Sec. 210. 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.

           Part 3--Technical Guidelines Development Committee

Sec. 221. Technical Guidelines Development Committee.
Sec. 222. Process for adoption.

Subtitle B--Testing, Certification, Decertification, and Recertification 
                 of Voting System Hardware and Software

Sec. 231. Certification and testing of voting systems.

     Subtitle C--Studies and Other Activities To Promote Effective 
                   Administration of Federal Elections

Sec. 241. Periodic studies of election administration issues.
Sec. 242. Study, report, and recommendations on best practices for 
          facilitating military and overseas voting.
Sec. 243. Report on human factor research.
Sec. 244. Study and report on voters who register by mail and use of 
          social security information.
Sec. 245. Study and report on electronic voting and the electoral 
          process.
Sec. 246. Study and report on free absentee ballot postage.
Sec. 247. Consultation with Standards Board and Board of Advisors.

                     Subtitle D--Election Assistance

                      Part 1--Requirements Payments

Sec. 251. Requirements payments.
Sec. 252. Allocation of funds.
Sec. 253. Condition for receipt of funds.
Sec. 254. State plan.
Sec. 255. Process for development and filing of plan; publication by 
          Commission.
Sec. 256. Requirement for public notice and comment.
Sec. 257. Authorization of appropriations.
Sec. 258. Reports.

   Part 2--Payments to States and Units of Local Government To Assure 
                Access for Individuals With Disabilities

Sec. 261. Payments to States and units of local government to assure 
          access for individuals with disabilities.
Sec. 262. Amount of payment.
Sec. 263. Requirements for eligibility.
Sec. 264. Authorization of appropriations.
Sec. 265. Reports.

      Part 3--Grants for Research on Voting Technology Improvements

Sec. 271. Grants for research on voting technology improvements.
Sec. 272. Report.
Sec. 273. Authorization of appropriations.

      Part 4--Pilot Program for Testing of Equipment and Technology

Sec. 281. Pilot program.
Sec. 282. Report.
Sec. 283. Authorization of appropriations.

                 Part 5--Protection and Advocacy Systems

Sec. 291. Payments for protection and advocacy systems.
Sec. 292. Authorization of appropriations.

            Part 6--National Student and Parent Mock Election

Sec. 295. National Student and Parent Mock Election.
Sec. 296. Authorization of appropriations.

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

                        Subtitle A--Requirements

Sec. 301. Voting systems standards.
Sec. 302. Provisional voting and voting information requirements.
Sec. 303. Computerized statewide voter registration list requirements 
          and requirements for voters who register by mail.
Sec. 304. Minimum requirements.
Sec. 305. Methods of implementation left to discretion of State.

                     Subtitle B--Voluntary Guidance

Sec. 311. Adoption of voluntary guidance by Commission.
Sec. 312. Process for adoption.

                          TITLE IV--ENFORCEMENT

Sec. 401. Actions by the Attorney General for declaratory and injunctive 
          relief.
Sec. 402. Establishment of State-based administrative complaint 
          procedures to remedy grievances.

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

Sec. 501. Establishment of program.
Sec. 502. Activities under program.
Sec. 503. Authorization of appropriations.

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

Sec. 601. Help America Vote Foundation.

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

Sec. 701. Voting assistance programs.
Sec. 702. Designation of single State office to provide information on 
          registration and absentee ballots for all voters in State.
Sec. 703. Report on absentee ballots transmitted and received after 
          general elections.
Sec. 704. Extension of period covered by single absentee ballot 
          application.
Sec. 705. Additional duties of Presidential designee under Uniformed and 
          Overseas Citizens Absentee Voting Act.
Sec. 706. Prohibition of refusal of voter registration and absentee 
          ballot applications on grounds of early submission.
Sec. 707. Other requirements to promote participation of overseas and 
          absent uniformed services voters.

                    TITLE VIII--TRANSITION PROVISIONS

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

Sec. 801. Federal Election Campaign Act of 1971.
Sec. 802. National Voter Registration Act of 1993.
Sec. 803. Transfer of property, records, and personnel.
Sec. 804. Effective date; transition.

   Subtitle B--Coverage of Commission Under Certain Laws and Programs

Sec. 811. Treatment of Commission personnel under certain civil service 
          laws.
Sec. 812. Coverage under Inspector General Act of 1978.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. State defined.
Sec. 902. Audits and repayment of funds.
Sec. 903. Clarification of ability of election officials to remove 
          registrants from official list of voters on grounds of change 
          of residence.
Sec. 904. Review and report on adequacy of existing electoral fraud 
          statutes and penalties.
Sec. 905. Other criminal penalties.
Sec. 906. No effect on other laws.

 TITLE I--PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS 
        AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES

SEC. 101. PAYMENTS TO STATES FOR ACTIVITIES TO IMPROVE ADMINISTRATION 
              OF ELECTIONS.

    (a) In General.--Not later than 45 days after the date of the 
enactment of this Act, the Administrator of General Services (in this 
title referred to as the ``Administrator'') shall establish a program 
under which the Administrator shall make a payment to each State in 
which the chief executive officer of the State, or designee, in 
consultation and coordination with the chief State election official, 
notifies the Administrator not later than 6 months after the date of 
the enactment of this Act that the State intends to use the payment in 
accordance with this section.
    (b) Use of Payment.--
        (1) In general.--A State shall use the funds provided under a 
    payment made under this section to carry out one or more of the 
    following activities:
            (A) Complying with the requirements under title III.
            (B) Improving the administration of elections for Federal 
        office.
            (C) Educating voters concerning voting procedures, voting 
        rights, and voting technology.
            (D) Training election officials, poll workers, and election 
        volunteers.
            (E) Developing the State plan for requirements payments to 
        be submitted under part 1 of subtitle D of title II.
            (F) Improving, acquiring, leasing, modifying, or replacing 
        voting systems and technology and methods for casting and 
        counting votes.
            (G) Improving the accessibility and quantity of polling 
        places, including providing physical access for individuals 
        with disabilities, providing nonvisual access for individuals 
        with visual impairments, and providing assistance to Native 
        Americans, Alaska Native citizens, and to individuals with 
        limited proficiency in the English language.
            (H) Establishing toll-free telephone hotlines that voters 
        may use to report possible voting fraud and voting rights 
        violations, to obtain general election information, and to 
        access detailed automated information on their own voter 
        registration status, specific polling place locations, and 
        other relevant information.
        (2) Limitation.--A State may not use the funds provided under a 
    payment made under this section--
            (A) to pay costs associated with any litigation, except to 
        the extent that such costs otherwise constitute permitted uses 
        of a payment under this section; or
            (B) for the payment of any judgment.
    (c) Use of Funds To Be Consistent With Other Laws and 
Requirements.--In order to receive a payment under the program under 
this section, the State shall provide the Administrator with 
certifications that--
        (1) the State will use the funds provided under the payment in 
    a manner that is consistent with each of the laws described in 
    section 906, as such laws relate to the provisions of this Act; and
        (2) the proposed uses of the funds are not inconsistent with 
    the requirements of title III.
    (d) Amount of Payment.--
        (1) In general.--Subject to section 103(b), the amount of 
    payment made to a State under this section shall be the minimum 
    payment amount described in paragraph (2) plus the voting age 
    population proportion amount described in paragraph (3).
        (2) Minimum payment amount.--The minimum payment amount 
    described in this paragraph is--
            (A) in the case of any of the several States or the 
        District of Columbia, one-half of 1 percent of the aggregate 
        amount made available for payments under this section; and
            (B) in the case of the Commonwealth of Puerto Rico, Guam, 
        American Samoa, or the United States Virgin Islands, one-tenth 
        of 1 percent of such aggregate amount.
        (3) Voting age population proportion amount.--The voting age 
    population proportion amount described in this paragraph is the 
    product of--
            (A) the aggregate amount made available for payments under 
        this section minus the total of all of the minimum payment 
        amounts determined under paragraph (2); and
            (B) the voting age population proportion for the State (as 
        defined in paragraph (4)).
        (4) Voting age population proportion defined.--The term 
    ``voting age population proportion'' means, with respect to a 
    State, the amount equal to the quotient of--
            (A) the voting age population of the State (as reported in 
        the most recent decennial census); and
            (B) the total voting age population of all States (as 
        reported in the most recent decennial census).

SEC. 102. REPLACEMENT OF PUNCH CARD OR LEVER VOTING MACHINES.

    (a) Establishment of Program.--
        (1) In general.--Not later than 45 days after the date of the 
    enactment of this Act, the Administrator shall establish a program 
    under which the Administrator shall make a payment to each State 
    eligible under subsection (b) in which a precinct within that State 
    used a punch card voting system or a lever voting system to 
    administer the regularly scheduled general election for Federal 
    office held in November 2000 (in this section referred to as a 
    ``qualifying precinct'').
        (2) Use of funds.--A State shall use the funds provided under a 
    payment under this section (either directly or as reimbursement, 
    including as reimbursement for costs incurred on or after January 
    1, 2001, under multiyear contracts) to replace punch card voting 
    systems or lever voting systems (as the case may be) in qualifying 
    precincts within that State with a voting system (by purchase, 
    lease, or such other arrangement as may be appropriate) that--
            (A) does not use punch cards or levers;
            (B) is not inconsistent with the requirements of the laws 
        described in section 906; and
            (C) meets the requirements of section 301.
        (3) Deadline.--
            (A) In general.--Except as provided in subparagraph (B), a 
        State receiving a payment under the program under this section 
        shall ensure that all of the punch card voting systems or lever 
        voting systems in the qualifying precincts within that State 
        have been replaced in time for the regularly scheduled general 
        election for Federal office to be held in November 2004.
            (B) Waiver.--If a State certifies to the Administrator not 
        later than January 1, 2004, that the State will not meet the 
        deadline described in subparagraph (A) for good cause and 
        includes in the certification the reasons for the failure to 
        meet such deadline, the State shall ensure that all of the 
        punch card voting systems or lever voting systems in the 
        qualifying precincts within that State will be replaced in time 
        for the first election for Federal office held after January 1, 
        2006.
    (b) Eligibility.--
        (1) In general.--A State is eligible to receive a payment under 
    the program under this section if it submits to the Administrator a 
    notice not later than the date that is 6 months after the date of 
    the enactment of this Act (in such form as the Administrator may 
    require) that contains--
            (A) certifications that the State will use the payment 
        (either directly or as reimbursement, including as 
        reimbursement for costs incurred on or after January 1, 2001, 
        under multiyear contracts) to replace punch card voting systems 
        or lever voting systems (as the case may be) in the qualifying 
        precincts within the State by the deadline described in 
        subsection (a)(3);
            (B) certifications that the State will continue to comply 
        with the laws described in section 906;
            (C) certifications that the replacement voting systems will 
        meet the requirements of section 301; and
            (D) such other information and certifications as the 
        Administrator may require which are necessary for the 
        administration of the program.
        (2) Compliance of states that require changes to state law.--In 
    the case of a State that requires State legislation to carry out an 
    activity covered by any certification submitted under this 
    subsection, the State shall be permitted to make the certification 
    notwithstanding that the legislation has not been enacted at the 
    time the certification is submitted and such State shall submit an 
    additional certification once such legislation is enacted.
    (c) Amount of Payment.--
        (1) In general.--Subject to paragraph (2) and section 103(b), 
    the amount of payment made to a State under the program under this 
    section shall be equal to the product of--
            (A) the number of the qualifying precincts within the 
        State; and
            (B) $4,000.
        (2) Reduction.--If the amount of funds appropriated pursuant to 
    the authority of section 104(a)(2) is insufficient to ensure that 
    each State receives the amount of payment calculated under 
    paragraph (1), the Administrator shall reduce the amount specified 
    in paragraph (1)(B) to ensure that the entire amount appropriated 
    under such section is distributed to the States.
    (d) Repayment of Funds for Failure To Meet Deadlines.--
        (1) In general.--If a State receiving funds under the program 
    under this section fails to meet the deadline applicable to the 
    State under subsection (a)(3), the State shall pay to the 
    Administrator an amount equal to the noncompliant precinct 
    percentage of the amount of the funds provided to the State under 
    the program.
        (2) Noncompliant precinct percentage defined.--In this 
    subsection, the term ``noncompliant precinct percentage'' means, 
    with respect to a State, the amount (expressed as a percentage) 
    equal to the quotient of--
            (A) the number of qualifying precincts within the State for 
        which the State failed to meet the applicable deadline; and
            (B) the total number of qualifying precincts in the State.
    (e) Punch Card Voting System Defined.--For purposes of this 
section, a ``punch card voting system'' includes 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.

SEC. 103. GUARANTEED MINIMUM PAYMENT AMOUNT.

    (a) In General.--In addition to any other payments made under this 
title, the Administrator shall make a payment to each State to which a 
payment is made under either section 101 or 102 and with respect to 
which the aggregate amount paid under such sections is less than 
$5,000,000 in an amount equal to the difference between the aggregate 
amount paid to the State under sections 101 and 102 and $5,000,000. In 
the case of the Commonwealth of Puerto Rico, Guam, American Samoa, and 
the United States Virgin Islands, the previous sentence shall be 
applied as if each reference to ``$5,000,000'' were a reference to 
``$1,000,000''.
    (b) Pro Rata Reductions.--The Administrator shall make such pro 
rata reductions to the amounts described in sections 101(d) and 102(c) 
as are necessary to comply with the requirements of subsection (a).

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for 
payments under this title $650,000,000, of which--
        (1) 50 percent shall be for payments under section 101; and
        (2) 50 percent shall be for payments under section 102.
    (b) Continuing Availability of Funds After Appropriation.--Any 
payment made to a State under this title shall be available to the 
State without fiscal year limitation (subject to subsection (c)(2)(B)).
    (c) Use of Returned Funds and Funds Remaining Unexpended for 
Requirements Payments.--
        (1) In general.--The amounts described in paragraph (2) shall 
    be transferred to the Election Assistance Commission (established 
    under title II) and used by the Commission to make requirements 
    payments under part 1 of subtitle D of title II.
        (2) Amounts described.--The amounts referred to in this 
    paragraph are as follows:
            (A) Any amounts paid to the Administrator by a State under 
        section 102(d)(1).
            (B) Any amounts appropriated for payments under this title 
        which remain unobligated as of September 1, 2003.
    (d) Deposit of Amounts in State Election Fund.--When a State has 
established an election fund described in section 254(b), the State 
shall ensure that any funds provided to the State under this title are 
deposited and maintained in such fund.
    (e) Authorization of Appropriations for Administrator.--In addition 
to the amounts authorized under subsection (a), there are authorized to 
be appropriated to the Administrator such sums as may be necessary to 
administer the programs under this title.

SEC. 105. ADMINISTRATION OF PROGRAMS.

    In administering the programs under this title, the Administrator 
shall take such actions as the Administrator considers appropriate to 
expedite the payment of funds to States.

SEC. 106. EFFECTIVE DATE.

    The Administrator shall implement the programs established under 
this title in a manner that ensures that the Administrator is able to 
make payments under the program not later than the expiration of the 
45-day period which begins on the date of the enactment of this Act.

                          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 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) and the 
Election Assistance Commission Board of Advisors under part 2 
(hereafter in this part referred to as the ``Standards Board'' and the 
``Board of Advisors'', respectively) and the Technical Guidelines 
Development Committee under part 3.

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 part 3 (relating to 
    the adoption of voluntary voting system guidelines), including the 
    maintenance of a clearinghouse of information on the experiences of 
    State and local governments in implementing the guidelines and in 
    operating voting systems in general;
        (2) carrying out the duties described in subtitle B (relating 
    to the testing, certification, decertification, and recertification 
    of voting system hardware and software);
        (3) carrying out the duties described in subtitle C (relating 
    to conducting studies and carrying out other activities to promote 
    the effective administration of Federal elections);
        (4) carrying out the duties described in subtitle D (relating 
    to election assistance), and providing information and training on 
    the management of the payments and grants provided under such 
    subtitle;
        (5) carrying out the duties described in subtitle B of title 
    III (relating to the adoption of voluntary guidance); and
        (6) developing and carrying out the Help America Vote College 
    Program under title V.

SEC. 203. MEMBERSHIP AND APPOINTMENT.

    (a) Membership.--
        (1) In general.--The Commission shall have four members 
    appointed by the President, by and with the advice and consent of 
    the Senate.
        (2) Recommendations.--Before the initial appointment of the 
    members of the Commission and before the appointment of any 
    individual to fill a vacancy on the Commission, the Majority Leader 
    of the Senate, the Speaker of the House of Representatives, the 
    Minority Leader of the Senate, and the Minority Leader of the House 
    of Representatives shall each submit to the President a candidate 
    recommendation with respect to each vacancy on the Commission 
    affiliated with the political party of the Member of Congress 
    involved.
        (3) Qualifications.--Each member of the Commission shall have 
    experience with or expertise in election administration or the 
    study of elections.
        (4) Date of appointment.--The appointments of the members of 
    the Commission shall be made not later than 120 days after the date 
    of the 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 nomination, of the members first 
    appointed--
            (A) two of the members (not more than one of whom may be 
        affiliated with the same political party) shall be appointed 
        for a term of 2 years; and
            (B) two of the members (not more than one 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 shall serve 
        on the Commission after the expiration of the member's term 
        until the successor of such member has taken office as a member 
        of the Commission.
            (C) Unexpired terms.--An individual appointed to fill a 
        vacancy shall be appointed for the unexpired term of the member 
        replaced.
    (c) Chair and Vice Chair.--
        (1) In general.--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.
        (2) Number of terms.--A member of the Commission may serve as 
    the chairperson and vice chairperson for only 1 term each during 
    the term of office to which such member is appointed.
    (d) Compensation.--
        (1) In general.--Each member of the Commission shall be 
    compensated at the annual rate of basic pay prescribed for level IV 
    of the Executive Schedule under section 5315 of title 5, United 
    States Code.
        (2) Other activities.--No member appointed to the Commission 
    under subsection (a) may engage in any other business, vocation, or 
    employment while serving as a member of the Commission and shall 
    terminate or liquidate such business, vocation, or employment 
    before sitting as a member of the Commission.

SEC. 204. STAFF.

    (a) Executive Director, General Counsel, and Other Staff.--
        (1) Executive director.--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 under section 5316 
    of title 5, United States Code.
        (2) Term of service for executive director.--The Executive 
    Director shall serve for a term of 4 years. An Executive Director 
    may serve for a longer period only if reappointed for an additional 
    term or terms by a vote of the Commission.
        (3) Procedure for appointment.--
            (A) In general.--When a vacancy exists in the position of 
        the Executive Director, the Standards Board and the Board of 
        Advisors shall each appoint a search committee to recommend at 
        least three 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) Interim service of general counsel.--If a vacancy 
        exists in the position of the Executive Director, the General 
        Counsel of the Commission shall serve as the acting Executive 
        Director until the Commission appoints a new Executive Director 
        in accordance with this paragraph.
            (D) Special rules for interim 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 an interim 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 interim Executive 
            Director from serving any additional term.
        (4) General counsel.--The Commission shall have a General 
    Counsel, who shall be appointed by the Commission and who shall 
    serve under the Executive Director. The General Counsel shall serve 
    for a term of 4 years, and may serve for a longer period only if 
    reappointed for an additional term or terms by a vote of the 
    Commission.
        (5) 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.
        (6) Applicability of certain civil service laws.--The Executive 
    Director, General Counsel, 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 under 
    section 5316 of that title.
    (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, by a vote of the Commission.
    (c) Staff of Federal Agencies.--Upon request of the Commission, 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 Board of Advisors or the Standards Board, 
the Commission may enter into such arrangements as the Commission 
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 
Board of Advisors and the Standards Board.

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 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 
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. DISSEMINATION OF INFORMATION.

    In carrying out its duties, the Commission shall, on an ongoing 
basis, disseminate to the public (through the Internet, published 
reports, and such other methods as the Commission considers 
appropriate) in a manner that is consistent with the requirements of 
chapter 19 of title 44, United States Code, information on the 
activities carried out under this Act.

SEC. 207. ANNUAL REPORT.

    Not later than January 31 of each year (beginning with 2004), 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 detailing its activities during 
the fiscal year which ended on September 30 of the previous calendar 
year, and shall include in the report the following information:
        (1) A detailed description of activities conducted with respect 
    to each program carried out by the Commission under this Act, 
    including information on each grant or other payment made under 
    such programs.
        (2) A copy of each report submitted to the Commission by a 
    recipient of such grants or payments which is required under such a 
    program, including reports submitted by States receiving 
    requirements payments under part 1 of subtitle D, and each other 
    report submitted to the Commission under this Act.
        (3) Information on the voluntary voting system guidelines 
    adopted or modified by the Commission under part 3 and information 
    on the voluntary guidance adopted under subtitle B of title III.
        (4) All votes taken by the Commission.
        (5) Such other information and recommendations as the 
    Commission considers appropriate.

SEC. 208. REQUIRING MAJORITY APPROVAL FOR ACTIONS.

    Any action which the Commission is authorized to carry out under 
this Act may be carried out only with the approval of at least three of 
its members.

SEC. 209. 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 section 9(a) of the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg-7(a)).

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    In addition to the amounts authorized for payments and grants under 
this title and the amounts authorized to be appropriated for the 
program under section 503, there are authorized to be appropriated for 
each of the fiscal years 2003 through 2005 such sums as may be 
necessary (but not to exceed $10,000,000 for each such year) for the 
Commission to carry out 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 part 3, review the 
voluntary voting system guidelines under such part, the voluntary 
guidance under title III, and the best practices recommendations 
contained in the report submitted under section 242(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) Fifty-five shall be State election officials selected 
        by the chief State election official of each State.
            (B) Fifty-five shall be local election officials selected 
        in accordance with paragraph (2).
        (2) List of local election officials.--Each State's local 
    election officials, including the local election officials of 
    Puerto Rico and the United States Virgin Islands, 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 two 
    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 the 
    chair of the Federal Election Commission containing--
            (A) the name of the State election official who 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 agrees to 
        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 initial 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 nine of its 
    members to serve as the Executive Board of the Standards Board, of 
    whom--
            (A) not more than five may be State election officials;
            (B) not more than five may be local election officials; and
            (C) not more than five 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) three shall serve for 1 term;
            (B) three shall serve for 2 consecutive terms; and
            (C) three 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 37 
members appointed as follows:
        (1) Two members appointed by the National Governors 
    Association.
        (2) Two members appointed by the National Conference of State 
    Legislatures.
        (3) Two members appointed by the National Association of 
    Secretaries of State.
        (4) Two members appointed by the National Association of State 
    Election Directors.
        (5) Two members appointed by the National Association of 
    Counties.
        (6) Two members appointed by the National Association of County 
    Recorders, Election Administrators, and Clerks.
        (7) Two members appointed by the United States Conference of 
    Mayors.
        (8) Two members appointed by the Election Center.
        (9) Two members appointed by the International Association of 
    County Recorders, Election Officials, and Treasurers.
        (10) Two members appointed by the United States Commission on 
    Civil Rights.
        (11) Two members appointed by the Architectural and 
    Transportation Barrier Compliance Board under section 502 of the 
    Rehabilitation Act of 1973 (29 U.S.C. 792).
        (12) The chief of the Office of Public Integrity of the 
    Department of Justice, or the chief's designee.
        (13) The chief of the Voting Section of the Civil Rights 
    Division of the Department of Justice or the chief's designee.
        (14) The director of the Federal Voting Assistance Program of 
    the Department of Defense.
        (15) Four members representing professionals in the field of 
    science and technology, of whom--
            (A) one each shall be appointed by the Speaker and the 
        Minority Leader of the House of Representatives; and
            (B) one each shall be appointed by the Majority Leader and 
        the Minority Leader of the Senate.
        (16) Eight members representing voter interests, of whom--
            (A) four members shall be appointed by the Committee on 
        House Administration of the House of Representatives, of whom 
        two shall be appointed by the chair and two shall be appointed 
        by the ranking minority member; and
            (B) four members shall be appointed by the Committee on 
        Rules and Administration of the Senate, of whom two shall be 
        appointed by the chair and two shall be appointed by the 
        ranking minority member.
    (b) Manner of 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 voluntary voting system guidelines referred to 
        it under section 222;
            (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.

           PART 3--TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.

    (a) Establishment.--There is hereby established the Technical 
Guidelines Development Committee (hereafter in this part 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 the 
    voluntary voting system guidelines.
        (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) A representative of the Institute of Electrical and 
        Electronics Engineers.
            (D) Two representatives of the National Association of 
        State Election Directors selected by such Association who are 
        not members of the Standards Board or Board of Advisors, and 
        who are not of the same political party.
            (E) 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.--
        (1) In general.--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.
        (2) Technical support.--The technical support provided under 
    paragraph (1) shall include intramural research and development in 
    areas to support the development of the voluntary voting system 
    guidelines under this part, including--
            (A) the security of computers, computer networks, and 
        computer data storage used in voting systems, including the 
        computerized list required under section 303(a);
            (B) methods to detect and prevent fraud;
            (C) the protection of voter privacy;
            (D) the role of human factors in the design and application 
        of voting systems, including assistive technologies for 
        individuals with disabilities (including blindness) and varying 
        levels of literacy; and
            (E) remote access voting, including voting through the 
        Internet.
        (3) No private sector intellectual property rights in 
    guidelines.--No private sector individual or entity shall obtain 
    any intellectual property rights to any guideline or the contents 
    of any guideline (or any modification to any guideline) adopted by 
    the Commission under this Act.
    (f) Publication of Recommendations in Federal Register.--At the 
time the Commission adopts any voluntary voting system guideline 
pursuant to section 222, 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 
guideline adopted.

SEC. 222. PROCESS FOR ADOPTION.

    (a) General Requirement for Notice and Comment.--Consistent with 
the requirements of this section, the final adoption of the voluntary 
voting system guidelines (or modification of such a guideline) shall be 
carried out by the Commission in a manner that provides for each of the 
following:
        (1) Publication of notice of the proposed guidelines in the 
    Federal Register.
        (2) An opportunity for public comment on the proposed 
    guidelines.
        (3) An opportunity for a public hearing on the record.
        (4) Publication of the final guidelines in the Federal 
    Register.
    (b) Consideration of Recommendations of Development Committee; 
Submission of Proposed Guidelines to Board of Advisors and Standards 
Board.--
        (1) Consideration of recommendations of development 
    committee.--In developing the voluntary voting system guidelines 
    and modifications of such guidelines under this section, the 
    Executive Director of the Commission shall take into consideration 
    the recommendations provided by the Technical Guidelines 
    Development Committee under section 221.
        (2) Board of advisors.--The Executive Director of the 
    Commission shall submit the guidelines proposed to be adopted under 
    this part (or any modifications to such guidelines) to the Board of 
    Advisors.
        (3) Standards board.--The Executive Director of the Commission 
    shall submit the guidelines proposed to be adopted under this part 
    (or any modifications to such guidelines) to the Executive Board of 
    the Standards Board, which shall review the guidelines (or 
    modifications) and forward its recommendations to the Standards 
    Board.
    (c) Review.--Upon receipt of voluntary voting system guidelines 
described in subsection (b) (or a modification of such guidelines) 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 guideline (or modification) to the 
Commission.
    (d) Final Adoption.--
        (1) In general.--A voluntary voting system guideline described 
    in subsection (b) (or modification of such a guideline) shall not 
    be considered to be finally adopted by the Commission unless the 
    Commission votes to approve the final adoption of the guideline (or 
    modification), taking into consideration the comments and 
    recommendations submitted by the Board of Advisors and the 
    Standards Board under subsection (c).
        (2) Minimum period for consideration of comments and 
    recommendations.--The Commission may not vote on the final adoption 
    of a guideline described in subsection (b) (or modification of such 
    a guideline) until the expiration of the 90-day period which begins 
    on the date the Executive Director of the Commission submits the 
    proposed guideline (or modification) to the Board of Advisors and 
    the Standards Board under subsection (b).
    (e) Special Rule for Initial Set of Guidelines.--Notwithstanding 
any other provision of this part, the most recent set of voting system 
standards adopted by the Federal Election Commission prior to the date 
of the enactment of this Act shall be deemed to have been adopted by 
the Commission as of the date of the enactment of this Act as the first 
set of voluntary voting system guidelines adopted under this part.

       Subtitle B--Testing, Certification, Decertification, and 
         Recertification of Voting System Hardware and Software

SEC. 231. 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 voting system guidelines under part 3 of subtitle 
    A, the Director of the National Institute of Standards and 
    Technology shall conduct an evaluation of independent, non-Federal 
    laboratories and shall submit to the Commission a list of those 
    laboratories the Director proposes to be accredited to carry out 
    the testing, certification, decertification, and recertification 
    provided for under this section.
        (2) Approval by commission.--
            (A) In general.--The Commission shall vote on the 
        accreditation of any laboratory under this section, taking into 
        consideration the list submitted under paragraph (1), and no 
        laboratory may be accredited for purposes of this section 
        unless its accreditation is approved by a vote of the 
        Commission.
            (B) Accreditation of laboratories not on director list.--
        The Commission shall publish an explanation for the 
        accreditation of any laboratory not included on the list 
        submitted by the Director of the National Institute of 
        Standards and Technology under paragraph (1).
    (c) Continuing Review by National Institute of Standards and 
Technology.--
        (1) In general.--In cooperation with the Commission and in 
    consultation with the Standards Board and the Board of Advisors, 
    the Director of the National Institute of Standards and Technology 
    shall monitor and review, on an ongoing basis, the performance of 
    the laboratories accredited by the Commission under this section, 
    and shall make such recommendations to the Commission as it 
    considers appropriate with respect to the continuing accreditation 
    of such laboratories, including recommendations to revoke the 
    accreditation of any such laboratory.
        (2) Approval by commission required for revocation.--The 
    accreditation of a laboratory for purposes of this section may not 
    be revoked unless the revocation is approved by a vote of the 
    Commission.
    (d) Transition.--Until such time as the Commission provides for the 
testing, certification, decertification, and recertification of voting 
system hardware and software by accredited laboratories under this 
section, the accreditation of laboratories and the procedure for the 
testing, certification, decertification, and recertification of voting 
system hardware and software used as of the date of the enactment of 
this Act shall remain in effect.

     Subtitle C--Studies and Other Activities To Promote Effective 
                  Administration of Federal Elections

SEC. 241. PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES.

    (a) In General.--On such periodic basis as the Commission may 
determine, the Commission shall conduct and make available to the 
public studies regarding the election administration issues described 
in subsection (b), with the goal of promoting methods of voting and 
administering elections which--
        (1) will be the most convenient, accessible, and easy to use 
    for voters, including members of the uniformed services and 
    overseas voters, individuals with disabilities, including the blind 
    and visually impaired, and voters with limited proficiency in the 
    English language;
        (2) will yield the most accurate, secure, and expeditious 
    system for voting and tabulating election results;
        (3) will be nondiscriminatory and afford each registered and 
    eligible voter an equal opportunity to vote and to have that vote 
    counted; and
        (4) will be efficient and cost-effective for use.
    (b) Election Administration Issues Described.--For purposes of 
subsection (a), the election administration issues described in this 
subsection are as follows:
        (1) Methods and mechanisms of election technology and voting 
    systems used in voting and counting votes in elections for Federal 
    office, including the over-vote and under-vote notification 
    capabilities of such technology and systems.
        (2) Ballot designs for elections for Federal office.
        (3) 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 registered voters appear on the voter registration list at the 
    appropriate polling site.
        (4) Methods of conducting provisional voting.
        (5) Methods of ensuring the accessibility of voting, 
    registration, polling places, and voting equipment to all voters, 
    including individuals with disabilities (including the blind and 
    visually impaired), Native American or Alaska Native citizens, and 
    voters with limited proficiency in the English language.
        (6) Nationwide statistics and methods of identifying, 
    deterring, and investigating voting fraud in elections for Federal 
    office.
        (7) Identifying, deterring, and investigating methods of voter 
    intimidation.
        (8) Methods of recruiting, training, and improving the 
    performance of poll workers.
        (9) 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) The feasibility and advisability of conducting elections 
    for Federal office on different days, at different places, and 
    during different hours, including the advisability of establishing 
    a uniform poll closing time and establishing--
            (A) a legal public holiday under section 6103 of title 5, 
        United States Code, as the date on which general elections for 
        Federal office are held;
            (B) the Tuesday next after the 1st Monday in November, in 
        every even numbered year, as a legal public holiday under such 
        section;
            (C) a date other than the Tuesday next after the 1st Monday 
        in November, in every even numbered year as the date on which 
        general elections for Federal office are held; and
            (D) any date described in subparagraph (C) as a legal 
        public holiday under such section.
        (11) Federal and State laws governing the eligibility of 
    persons to vote.
        (12) 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.
        (13)(A) The laws and procedures used by each State that 
    govern--
            (i) recounts of ballots cast in elections for Federal 
        office;
            (ii) contests of determinations regarding whether votes are 
        counted in such elections; and
            (iii) standards that define what will constitute a vote on 
        each type of voting equipment used in the State to conduct 
        elections for Federal office.
        (B) The best practices (as identified by the Commission) that 
    are used by States with respect to the recounts and contests 
    described in clause (i).
        (C) Whether or not there is a need for more consistency among 
    State recount and contest procedures used with respect to elections 
    for Federal office.
        (14) The technical feasibility of providing voting materials in 
    eight or more languages for voters who speak those languages and 
    who have limited English proficiency.
        (15) Matters particularly relevant to voting and administering 
    elections in rural and urban areas.
        (16) 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.
        (17) The best methods for establishing voting system 
    performance benchmarks, expressed as a percentage of residual vote 
    in the Federal contest at the top of the ballot.
        (18) Broadcasting practices that may result in the broadcast of 
    false information concerning the location or time of operation of a 
    polling place.
        (19) Such other matters as the Commission determines are 
    appropriate.
    (c) Reports.--The Commission shall submit to the President and to 
the Committee on House Administration of the House of Representatives 
and the Committee on Rules and Administration of the Senate a report on 
each study conducted under subsection (a) together with such 
recommendations for administrative and legislative action as the 
Commission determines is appropriate.

SEC. 242. STUDY, REPORT, AND RECOMMENDATIONS ON BEST PRACTICES FOR 
              FACILITATING MILITARY AND OVERSEAS VOTING.

    (a) Study.--
        (1) In general.--The Commission, in consultation with the 
    Secretary of Defense, shall conduct a study on the best practices 
    for facilitating voting by 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).
        (2) Issues considered.--In conducting the study under paragraph 
    (1) the Commission shall consider the following issues:
            (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, 
        including the right of such voters to cast a secret ballot.
            (C) The rights of absent uniformed services voters and 
        overseas voters to submit absentee ballot applications early 
        during an election year.
            (D) The appropriate preelection 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.
    (b) Report and Recommendations.--Not later than the date that is 18 
months after the date of the enactment of this Act, the Commission 
shall submit to the President and Congress a report on the study 
conducted under subsection (a)(1) together with recommendations 
identifying the best practices used with respect to the issues 
considered under subsection (a)(2).

SEC. 243. 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 individuals with limited proficiency in the 
English language and to reduce voter error and the number of spoiled 
ballots in elections.

SEC. 244. STUDY AND REPORT ON VOTERS WHO REGISTER BY MAIL AND USE OF 
              SOCIAL SECURITY INFORMATION.

    (a) Registration by Mail.--
        (1) Study.--
            (A) In general.--The Commission shall conduct a study of 
        the impact of section 303(b) on voters who register by mail.
            (B) Specific issues studied.--The study conducted under 
        subparagraph (A) shall include--
                (i) an examination of the impact of section 303(b) on 
            first time mail registrant voters who vote in person, 
            including the impact of such section on voter registration;
                (ii) an examination of the impact of such section on 
            the accuracy of voter rolls, including preventing 
            ineligible names from being placed on voter rolls and 
            ensuring that all eligible names are placed on voter rolls; 
            and
                (iii) an analysis of the impact of such section on 
            existing State practices, such as the use of signature 
            verification or attestation procedures to verify the 
            identity of voters in elections for Federal office, and an 
            analysis of other changes that may be made to improve the 
            voter registration process, such as verification or 
            additional information on the registration card.
        (2) Report.--Not later than 18 months after the date on which 
    section 303(b)(2) takes effect, the Commission shall submit a 
    report to the President and Congress on the study conducted under 
    paragraph (1)(A) together with such recommendations for 
    administrative and legislative action as the Commission determines 
    is appropriate.
    (b) Use of Social Security Information.--Not later than 18 months 
after the date on which section 303(a)(5) takes effect, the Commission, 
in consultation with the Commissioner of Social Security, shall study 
and report to Congress on the feasibility and advisability of using 
Social Security identification numbers or other information compiled by 
the Social Security Administration to establish voter registration or 
other election law eligibility or identification requirements, 
including the matching of relevant information specific to an 
individual voter, the impact of such use on national security issues, 
and whether adequate safeguards or waiver procedures exist to protect 
the privacy of an individual voter.

SEC. 245. STUDY AND REPORT ON ELECTRONIC VOTING AND THE ELECTORAL 
              PROCESS.

    (a) Study.--
        (1) In general.--The Commission shall conduct a thorough study 
    of issues and challenges, specifically to include the potential for 
    election fraud, presented by incorporating communications and 
    Internet technologies in the Federal, State, and local electoral 
    process.
        (2) Issues to be studied.--The Commission may include in the 
    study conducted under paragraph (1) an examination of--
            (A) the appropriate security measures required and minimum 
        standards for certification of systems or technologies in order 
        to minimize the potential for fraud in voting or in the 
        registration of qualified citizens to register and vote;
            (B) the possible methods, such as Internet or other 
        communications technologies, that may be utilized in the 
        electoral process, including the use of those technologies to 
        register voters and enable citizens to vote online, and 
        recommendations concerning statutes and rules to be adopted in 
        order to implement an online or Internet system in the 
        electoral process;
            (C) the impact that new communications or Internet 
        technology systems for use in the electoral process could have 
        on voter participation rates, voter education, public 
        accessibility, potential external influences during the 
        elections process, voter privacy and anonymity, and other 
        issues related to the conduct and administration of elections;
            (D) whether other aspects of the electoral process, such as 
        public availability of candidate information and citizen 
        communication with candidates, could benefit from the increased 
        use of online or Internet technologies;
            (E) the requirements for authorization of collection, 
        storage, and processing of electronically generated and 
        transmitted digital messages to permit any eligible person to 
        register to vote or vote in an election, including applying for 
        and casting an absentee ballot;
            (F) the implementation cost of an online or Internet voting 
        or voter registration system and the costs of elections after 
        implementation (including a comparison of total cost savings 
        for the administration of the electoral process by using 
        Internet technologies or systems);
            (G) identification of current and foreseeable online and 
        Internet technologies for use in the registration of voters, 
        for voting, or for the purpose of reducing election fraud, 
        currently available or in use by election authorities;
            (H) the means by which to ensure and achieve equity of 
        access to online or Internet voting or voter registration 
        systems and address the fairness of such systems to all 
        citizens; and
            (I) the impact of technology on the speed, timeliness, and 
        accuracy of vote counts in Federal, State, and local elections.
    (b) Report.--
        (1) Submission.--Not later than 20 months after the date of the 
    enactment of this Act, the Commission shall transmit to the 
    Committee on House Administration of the House of Representatives 
    and the Committee on Rules and Administration of the Senate a 
    report on the results of the study conducted under subsection (a), 
    including such legislative recommendations or model State laws as 
    are required to address the findings of the Commission.
        (2) Internet posting.--In addition to the dissemination 
    requirements under chapter 19 of title 44, United States Code, the 
    Election Administration Commission shall post the report 
    transmitted under paragraph (1) on an Internet website.

SEC. 246. STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE.

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

SEC. 247. 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.

                    Subtitle D--Election Assistance

                     PART 1--REQUIREMENTS PAYMENTS

SEC. 251. REQUIREMENTS PAYMENTS.

    (a) In General.--The Commission shall make a requirements payment 
each year in an amount determined under section 252 to each State which 
meets the conditions described in section 253 for the year.
    (b) Use of Funds.--
        (1) In general.--Except as provided in paragraph (2), a State 
    receiving a requirements payment shall use the payment only to meet 
    the requirements of title III.
        (2) Other activities.--A State may use a requirements payment 
    to carry out other activities to improve the administration of 
    elections for Federal office if the State certifies to the 
    Commission that--
            (A) the State has implemented the requirements of title 
        III; or
            (B) the amount expended with respect to such other 
        activities does not exceed an amount equal to the minimum 
        payment amount applicable to the State under section 252(c).
    (c) Retroactive Payments.--
        (1) In general.--Notwithstanding any other provision of this 
    subtitle, including the maintenance of effort requirements of 
    section 254(a)(7), a State may use a requirements payment as a 
    reimbursement for costs incurred in obtaining voting equipment 
    which meets the requirements of section 301 if the State obtains 
    the equipment after the regularly scheduled general election for 
    Federal office held in November 2000.
        (2) Special rule regarding multiyear contracts.--A State may 
    use a requirements payment for any costs for voting equipment which 
    meets the requirements of section 301 that, pursuant to a multiyear 
    contract, were incurred on or after January 1, 2001, except that 
    the amount that the State is otherwise required to contribute under 
    the maintenance of effort requirements of section 254(a)(7) shall 
    be increased by the amount of the payment made with respect to such 
    multiyear contract.
    (d) Adoption of Commission Guidelines and Guidance Not Required To 
Receive Payment.--Nothing in this part may be construed to require a 
State to implement any of the voluntary voting system guidelines or any 
of the voluntary guidance adopted by the Commission with respect to any 
matter as a condition for receiving a requirements payment.
    (e) Schedule of Payments.--As soon as practicable after the initial 
appointment of all members of the Commission (but in no event later 
than 6 months thereafter), and not less frequently than once each 
calendar year thereafter, the Commission shall make requirements 
payments to States under this part.
    (f) Limitation.--A State may not use any portion of a requirements 
payment--
        (1) to pay costs associated with any litigation, except to the 
    extent that such costs otherwise constitute permitted uses of a 
    requirements payment under this part; or
        (2) for the payment of any judgment.

SEC. 252. ALLOCATION OF FUNDS.

    (a) In General.--Subject to subsection (c), the amount of a 
requirements payment made to a State for a year shall be equal to the 
product of--
        (1) the total amount appropriated for requirements payments for 
    the year pursuant to the authorization under section 257; 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 (as reported in the 
    most recent decennial census); and
        (2) the total voting age population of all States (as reported 
    in the most recent decennial census).
    (c) Minimum Amount of Payment.--The amount of a requirements 
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, one-half of 1 percent of the total amount appropriated 
    for requirements payments for the year under section 257; or
        (2) in the case of the Commonwealth of Puerto Rico, Guam, 
    American Samoa, or the United States Virgin Islands, one-tenth of 1 
    percent of such total amount.
    (d) Pro Rata Reductions.--The Administrator shall make such pro 
rata reductions to the allocations determined under subsection (a) as 
are necessary to comply with the requirements of subsection (c).
    (e) Continuing Availability of Funds After Appropriation.--A 
requirements payment made to a State under this part shall be available 
to the State without fiscal year limitation.

SEC. 253. CONDITION FOR RECEIPT OF FUNDS.

    (a) In General.--A State is eligible to receive a requirements 
payment for a fiscal year if the chief executive officer of the State, 
or designee, in consultation and coordination with the chief State 
election official, has filed with the Commission a statement certifying 
that the State is in compliance with the requirements referred to in 
subsection (b). A State may meet the requirement of the previous 
sentence by filing with the Commission a statement which reads as 
follows: ``____________ hereby certifies that it is in compliance with 
the requirements referred to in section 253(b) of the Help America Vote 
Act of 2002.'' (with the blank to be filled in with the name of the 
State involved).
    (b) State Plan Requirement; Certification of Compliance With 
Applicable Laws and Requirements.--The requirements referred to in this 
subsection are as follows:
        (1) The State has filed with the Commission a State plan 
    covering the fiscal year which the State certifies--
            (A) contains each of the elements described in section 254 
        with respect to the fiscal year;
            (B) is developed in accordance with section 255; and
            (C) meets the public notice and comment requirements of 
        section 256.
        (2) The State has filed with the Commission a plan for the 
    implementation of the uniform, nondiscriminatory administrative 
    complaint procedures required under section 402 (or has included 
    such a plan in the State plan filed under paragraph (1)), and has 
    such procedures in place for purposes of meeting the requirements 
    of such section. If the State does not include such an 
    implementation plan in the State plan filed under paragraph (1), 
    the requirements of sections 255(b) and 256 shall apply to the 
    implementation plan in the same manner as such requirements apply 
    to the State plan.
        (3) The State is in compliance with each of the laws described 
    in section 906, as such laws apply with respect to this Act.
        (4) To the extent that any portion of the requirements payment 
    is used for activities other than meeting the requirements of title 
    III--
            (A) the State's proposed uses of the requirements payment 
        are not inconsistent with the requirements of title III; and
            (B) the use of the funds under this paragraph is consistent 
        with the requirements of section 251(b).
        (5) The State has appropriated funds for carrying out the 
    activities for which the requirements payment is made in an amount 
    equal to 5 percent of the total amount to be spent for such 
    activities (taking into account the requirements payment and the 
    amount spent by the State) and, in the case of a State that uses a 
    requirements payment as a reimbursement under section 251(c)(2), an 
    additional amount equal to the amount of such reimbursement.
    (c) Methods of Compliance Left to Discretion of State.--The 
specific choices on the methods of complying with the elements of a 
State plan shall be left to the discretion of the State.
    (d) Timing for Filing of Certification.--A State may not file a 
statement of certification under subsection (a) until the expiration of 
the 45-day period (or, in the case of a fiscal year other than the 
first fiscal year for which a requirements payment is made to the State 
under this subtitle, the 30-day period) which begins on the date the 
State plan under this subtitle is published in the Federal Register 
pursuant to section 255(b).
    (e) 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. 254. STATE PLAN.

    (a) In General.--The State plan shall contain a description of each 
of the following:
        (1) How the State will use the requirements payment to meet the 
    requirements of title III, and, if applicable under section 
    251(a)(2), to carry out other activities to improve the 
    administration of elections.
        (2) How the State will distribute and monitor the distribution 
    of the requirements payment to units of local government or other 
    entities in the State for carrying out the activities described in 
    paragraph (1), including a description of--
            (A) the criteria to be used to determine the eligibility of 
        such units or entities for receiving the payment; and
            (B) the methods to be used by the State to monitor the 
        performance of the units or entities to whom the payment is 
        distributed, consistent with the performance goals and measures 
        adopted under paragraph (8).
        (3) How the State will provide for programs for voter 
    education, election official education and training, and poll 
    worker training which will assist the State in meeting the 
    requirements of title III.
        (4) How the State will adopt voting system guidelines and 
    processes which are consistent with the requirements of section 
    301.
        (5) How the State will establish a fund described in subsection 
    (b) for purposes of administering the State's activities under this 
    part, including information on fund management.
        (6) The State's proposed budget for activities under this part, 
    based on the State's best estimates of the costs of such activities 
    and the amount of funds to be made available, including specific 
    information on--
            (A) the costs of the activities required to be carried out 
        to meet the requirements of title III;
            (B) the portion of the requirements payment which will be 
        used to carry out activities to meet such requirements; and
            (C) the portion of the requirements payment which will be 
        used to carry out other activities.
        (7) How the State, in using the requirements payment, will 
    maintain the expenditures of the State for activities funded by the 
    payment at a level that is not less than the level of such 
    expenditures maintained by the State for the fiscal year ending 
    prior to November 2000.
        (8) How the State will adopt performance goals and measures 
    that will be used by the State to determine its success and the 
    success of units of local government in the State in carrying out 
    the plan, including timetables for meeting each of the elements of 
    the plan, descriptions of the criteria the State will use to 
    measure performance and the process used to develop such criteria, 
    and a description of which official is to be held responsible for 
    ensuring that each performance goal is met.
        (9) A description of the uniform, nondiscriminatory State-based 
    administrative complaint procedures in effect under section 402.
        (10) If the State received any payment under title I, a 
    description of how such payment will affect the activities proposed 
    to be carried out under the plan, including the amount of funds 
    available for such activities.
        (11) How the State will conduct ongoing management of the plan, 
    except that the State may not make any material change in the 
    administration of the plan unless the change--
            (A) is developed and published in the Federal Register in 
        accordance with section 255 in the same manner as the State 
        plan;
            (B) is subject to public notice and comment in accordance 
        with section 256 in the same manner as the State plan; and
            (C) takes effect only after the expiration of the 30-day 
        period which begins on the date the change is published in the 
        Federal Register in accordance with subparagraph (A).
        (12) In the case of a State with a State plan in effect under 
    this subtitle during the previous fiscal year, a description of how 
    the plan reflects changes from the State plan for the previous 
    fiscal year and of how the State succeeded in carrying out the 
    State plan for such previous fiscal year.
        (13) A description of the committee which participated in the 
    development of the State plan in accordance with section 255 and 
    the procedures followed by the committee under such section and 
    section 256.
    (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 
        requirements payment is made to the State under this part.
            (B) The requirements 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 
    requirements payment is made to the State under this part.
        (3) Treatment of states that require changes to state law.--In 
    the case of a State that requires State legislation to establish 
    the fund described in this subsection, the Commission shall defer 
    disbursement of the requirements payment to such State until such 
    time as legislation establishing the fund is enacted.
    (c) Protection Against Actions Based on Information in Plan.--
        (1) In general.--No action may be brought under this Act 
    against a State or other jurisdiction on the basis of any 
    information contained in the State plan filed under this part.
        (2) Exception for criminal acts.--Paragraph (1) may not be 
    construed to limit the liability of a State or other jurisdiction 
    for criminal acts or omissions.

SEC. 255. PROCESS FOR DEVELOPMENT AND FILING OF PLAN; PUBLICATION BY 
              COMMISSION.

    (a) In General.--The chief State election official shall develop 
the State plan under this subtitle through a committee of appropriate 
individuals, including the chief election officials of the two most 
populous jurisdictions within the States, other local election 
officials, stake holders (including representatives of groups of 
individuals with disabilities), and other citizens, appointed for such 
purpose by the chief State election official.
    (b) Publication of Plan by Commission.--After receiving the State 
plan of a State under this subtitle, the Commission shall cause to have 
the plan published in the Federal Register.

SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT.

    For purposes of section 251(a)(1)(C), a State plan meets the public 
notice and comment requirements of this section if--
        (1) not later than 30 days prior to the submission of the plan, 
    the State made a preliminary version of the plan available for 
    public inspection and comment;
        (2) the State publishes notice that the preliminary version of 
    the plan is so available; and
        (3) the State took the public comments made regarding the 
    preliminary version of the plan into account in preparing the plan 
    which was filed with the Commission.

SEC. 257. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to amounts transferred under section 
104(c), there are authorized to be appropriated for requirements 
payments under this part the following amounts:
        (1) For fiscal year 2003, $1,400,000,000.
        (2) For fiscal year 2004, $1,000,000,000.
        (3) For fiscal year 2005, $600,000,000.
    (b) Availability.--Any amounts appropriated pursuant to the 
authority of subsection (a) shall remain available without fiscal year 
limitation until expended.

SEC. 258. REPORTS.

    Not later than 6 months after the end of each fiscal year for which 
a State received a requirements 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 251(b);
        (2) the number and type of articles of voting equipment 
    obtained with the funds; and
        (3) an analysis and description of the activities funded under 
    this part to meet the requirements of this Act and an analysis and 
    description of how such activities conform to the State plan under 
    section 254.

  PART 2--PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE 
                ACCESS FOR INDIVIDUALS WITH DISABILITIES

SEC. 261. PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE 
              ACCESS FOR INDIVIDUALS WITH DISABILITIES.

    (a) In General.--The Secretary of Health and Human Services shall 
make a payment to each eligible State and each eligible unit of local 
government (as described in section 263).
    (b) Use of Funds.--An eligible State and eligible unit of local 
government shall use the payment received under this part for--
        (1) making polling places, including the path of travel, 
    entrances, exits, and voting areas of each polling facility, 
    accessible to individuals with disabilities, including the blind 
    and visually impaired, in a manner that provides the same 
    opportunity for access and participation (including privacy and 
    independence) as for other voters; and
        (2) providing individuals with disabilities and the other 
    individuals described in paragraph (1) with information about the 
    accessibility of polling places, including outreach programs to 
    inform the individuals about the availability of accessible polling 
    places and training election officials, poll workers, and election 
    volunteers on how best to promote the access and participation of 
    individuals with disabilities in elections for Federal office.
    (c) Schedule of Payments.--As soon as practicable after the date of 
the enactment of this Act (but in no event later than 6 months 
thereafter), and not less frequently than once each calendar year 
thereafter, the Secretary shall make payments under this part.

SEC. 262. AMOUNT OF PAYMENT.

    (a) In General.--The amount of a payment made to an eligible State 
or an eligible unit of local government for a year under this part 
shall be determined by the Secretary.
    (b) Continuing Availability of Funds After Appropriation.--A 
payment made to an eligible State or eligible unit of local government 
under this part shall be available without fiscal year limitation.

SEC. 263. REQUIREMENTS FOR ELIGIBILITY.

    (a) Application.--Each State or unit of local government that 
desires to receive a payment under this part for a fiscal year shall 
submit an application for the payment to the Secretary at such time and 
in such manner and containing such information as the Secretary shall 
require.
    (b) Contents of Application.--Each application submitted under 
subsection (a) shall--
        (1) describe the activities for which assistance under this 
    section is sought; and
        (2) provide such additional information and certifications as 
    the Secretary determines to be essential to ensure compliance with 
    the requirements of this part.
    (c) Protection Against Actions Based on Information in 
Application.--
        (1) In general.--No action may be brought under this Act 
    against a State or unit of local government on the basis of any 
    information contained in the application submitted under subsection 
    (a).
        (2) Exception for criminal acts.--Paragraph (1) may not be 
    construed to limit the liability of a State or unit of local 
    government for criminal acts or omissions.

SEC. 264. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out the provisions of this part the following amounts:
        (1) For fiscal year 2003, $50,000,000.
        (2) For fiscal year 2004, $25,000,000.
        (3) For fiscal year 2005, $25,000,000.
    (b) Availability.--Any amounts appropriated pursuant to the 
authority of subsection (a) shall remain available without fiscal year 
limitation until expended.

SEC. 265. REPORTS.

    (a) Reports by Recipients.--Not later than the 6 months after the 
end of each fiscal year for which an eligible State or eligible unit of 
local government received a payment under this part, the State or unit 
shall submit a report to the Secretary on the activities conducted with 
the funds provided during the year, and shall include in the report a 
list of expenditures made with respect to each category of activities 
described in section 261(b).
    (b) Report by Secretary to Committees.--With respect to each fiscal 
year for which the Secretary makes payments under this part, the 
Secretary shall submit a report on the activities carried out under 
this part to the Committee on House Administration of the House of 
Representatives and the Committee on Rules and Administration of the 
Senate.

     PART 3--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

SEC. 271. 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) certifications 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 the blind and visually impaired, 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 certifications 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).
    (d) Recommendation of Topics for Research.--
        (1) In general.--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 this part during the 
    year.
        (2) Review of grant applications received by commission.--The 
    Commission shall submit each application it receives for a grant 
    under this part to the Director, who shall review the application 
    and provide the Commission with such comments as the Director 
    considers appropriate.
        (3) Monitoring and adjustment of grant activities at request of 
    commission.--After the Commission has awarded a grant under this 
    part, the Commission may request that the Director monitor the 
    grant, and (to the extent permitted under the terms of the grant as 
    awarded) the Director may recommend to the Commission that the 
    recipient of the grant modify and adjust the activities carried out 
    under the grant.
        (4) Evaluation of grants at request of commission.--
            (A) In general.--In the case of a grant for which the 
        Commission submits the application to the Director under 
        paragraph (2) or requests that the Director monitor the grant 
        under paragraph (3), the Director shall prepare and submit to 
        the Commission an evaluation of the grant and the activities 
        carried out under the grant.
            (B) Inclusion in reports.--The Commission shall include the 
        evaluations submitted under subparagraph (A) for a year in the 
        report submitted for the year under section 207.
    (e) Provision of Information on Projects.--The Commission may 
provide to the Technical Guidelines Development Committee under part 3 
of subtitle A such information regarding the activities funded under 
this part as the Commission deems necessary to assist the Committee in 
carrying out its duties.

SEC. 272. REPORT.

    (a) In General.--Each entity which receives a grant under this part 
shall submit to the Commission 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. 273. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for grants 
under this part $20,000,000 for fiscal year 2003.
    (b) Availability of Funds.--Amounts appropriated pursuant to the 
authorization under this section shall remain available, without fiscal 
year limitation, until expended.

     PART 4--PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY

SEC. 281. 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 tested and implemented on a trial basis so that the 
results of such tests and trials are reported to Congress.
    (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) certifications 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 the 
    blind and visually impaired, 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 the requirements 
    of this Act); and
        (2) such other information and certifications as the Commission 
    may require.
    (c) Recommendation of Topics for Pilot Programs.--
        (1) In general.--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 
    pilot programs funded with grants awarded under this part during 
    the year.
        (2) Review of grant applications received by commission.--The 
    Commission shall submit each application it receives for a grant 
    under this part to the Director, who shall review the application 
    and provide the Commission with such comments as the Director 
    considers appropriate.
        (3) Monitoring and adjustment of grant activities at request of 
    commission.--After the Commission has awarded a grant under this 
    part, the Commission may request that the Director monitor the 
    grant, and (to the extent permitted under the terms of the grant as 
    awarded) the Director may recommend to the Commission that the 
    recipient of the grant modify and adjust the activities carried out 
    under the grant.
        (4) Evaluation of grants at request of commission.--
            (A) In general.--In the case of a grant for which the 
        Commission submits the application to the Director under 
        paragraph (2) or requests that the Director monitor the grant 
        under paragraph (3), the Director shall prepare and submit to 
        the Commission an evaluation of the grant and the activities 
        carried out under the grant.
            (B) Inclusion in reports.--The Commission shall include the 
        evaluations submitted under subparagraph (A) for a year in the 
        report submitted for the year under section 207.
    (d) Provision of Information on Projects.--The Commission may 
provide to the Technical Guidelines Development Committee under part 3 
of subtitle A such information regarding the activities funded under 
this part as the Commission deems necessary to assist the Committee in 
carrying out its duties.

SEC. 282. REPORT.

    (a) In General.--Each entity which receives a grant under this part 
shall submit to the Commission 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. 283. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for grants 
under this part $10,000,000 for fiscal year 2003.
    (b) Availability of Funds.--Amounts appropriated pursuant to the 
authorization under this section shall remain available, without fiscal 
year limitation, until expended.

                PART 5--PROTECTION AND ADVOCACY SYSTEMS

SEC. 291. PAYMENTS FOR PROTECTION AND ADVOCACY SYSTEMS.

    (a) In General.--In addition to any other payments made under this 
subtitle, the Secretary of Health and Human Services shall pay the 
protection and advocacy system (as defined in section 102 of the 
Developmental Disabilities Assistance and Bill of Rights Act of 2000 
(42 U.S.C. 15002)) of each State to ensure full participation in the 
electoral process for individuals with disabilities, including 
registering to vote, casting a vote and accessing polling places. In 
providing such services, protection and advocacy systems shall have the 
same general authorities as they are afforded under subtitle C of title 
I of the Developmental Disabilities Assistance and Bill of Rights Act 
of 2000 (42 U.S.C. 15041 et seq.).
    (b) Minimum Grant Amount.--The minimum amount of each grant to a 
protection and advocacy system shall be determined and allocated as set 
forth in subsections (c)(3), (c)(4), (c)(5), (e), and (g) of section 
509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e), except that the 
amount of the grants to systems referred to in subsections (c)(3)(B) 
and (c)(4)(B) of that section shall be not less than $70,000 and 
$35,000, respectively.
    (c) Training and Technical Assistance Program.--
        (1) In general.--Not later than 90 days after the date on which 
    the initial appropriation of funds for a fiscal year is made 
    pursuant to the authorization under section 292, the Secretary 
    shall set aside 7 percent of the amount appropriated under such 
    section and use such portion to make payments to eligible entities 
    to provide training and technical assistance with respect to the 
    activities carried out under this section.
        (2) Use of funds.--A recipient of a payment under this 
    subsection may use the payment to support training in the use of 
    voting systems and technologies, and to demonstrate and evaluate 
    the use of such systems and technologies, by individuals with 
    disabilities (including blindness) in order to assess the 
    availability and use of such systems and technologies for such 
    individuals. At least one of the recipients under this subsection 
    shall use the payment to provide training and technical assistance 
    for nonvisual access.
        (3) Eligibility.--An entity is eligible to receive a payment 
    under this subsection if the entity--
            (A) is a public or private nonprofit entity with 
        demonstrated experience in voting issues for individuals with 
        disabilities;
            (B) is governed by a board with respect to which the 
        majority of its members are individuals with disabilities or 
        family members of such individuals or individuals who are 
        blind; and
            (C) submits to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.

SEC. 292. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any other amounts authorized to be 
appropriated under this subtitle, there are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2003, 2004, 2005, 
and 2006, and for each subsequent fiscal year such sums as may be 
necessary, for the purpose of making payments under section 291(a); 
except that none of the funds provided by this subsection shall be used 
to initiate or otherwise participate in any litigation related to 
election-related disability access, notwithstanding the general 
authorities that the protection and advocacy systems are otherwise 
afforded under subtitle C of title I of the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
    (b) Availability.--Any amounts appropriated pursuant to the 
authority of this section shall remain available until expended.

           PART 6--NATIONAL STUDENT AND PARENT MOCK ELECTION

SEC. 295. NATIONAL STUDENT AND PARENT MOCK ELECTION.

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

SEC. 296. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the provisions 
of this subtitle $200,000 for fiscal year 2003 and such sums as may be 
necessary for each of the 6 succeeding fiscal years.

   TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND 
                      ADMINISTRATION REQUIREMENTS
                        Subtitle A--Requirements

SEC. 301. VOTING SYSTEMS STANDARDS.

    (a) Requirements.--Each voting system used in an election for 
Federal office shall meet the following requirements:
        (1) In general.--
            (A) Except as provided in subparagraph (B), the voting 
        system (including any lever voting system, optical scanning 
        voting system, or direct recording electronic system) shall--
                (i) permit the voter to verify (in a private and 
            independent manner) the votes selected by the voter on the 
            ballot before the ballot is cast and counted;
                (ii) provide the voter with the opportunity (in a 
            private and independent manner) to change the ballot or 
            correct any error before the ballot is cast and counted 
            (including the opportunity to correct the error through the 
            issuance of a replacement ballot if the voter was otherwise 
            unable to change the ballot or correct any error); and
                (iii) if the voter selects votes for more than one 
            candidate for a single office--

                    (I) notify the voter that the voter has selected 
                more than one candidate for a single office on the 
                ballot;
                    (II) notify the voter before the ballot is cast and 
                counted of the effect of casting multiple votes for the 
                office; and
                    (III) provide the voter with the opportunity to 
                correct the ballot before the ballot is cast and 
                counted.

            (B) A State or jurisdiction that uses a paper ballot voting 
        system, a punch card voting system, or a central count voting 
        system (including mail-in absentee ballots and mail-in 
        ballots), may meet the requirements of subparagraph (A)(iii) 
        by--
                (i) establishing a voter education program specific to 
            that voting system that notifies each voter of the effect 
            of casting multiple votes for an office; and
                (ii) providing the voter with instructions on how to 
            correct the ballot before it is cast and counted (including 
            instructions on how to correct the error through the 
            issuance of a replacement ballot if the voter was otherwise 
            unable to change the ballot or correct any error).
            (C) The voting system shall ensure that any notification 
        required under this paragraph preserves the privacy of the 
        voter and the confidentiality of the ballot.
        (2) Audit capacity.--
            (A) In general.--The voting system shall produce a record 
        with an audit capacity for such system.
            (B) Manual audit capacity.--
                (i) The voting system shall produce a permanent paper 
            record with a manual audit capacity for such system.
                (ii) The voting system shall provide the voter with an 
            opportunity to change the ballot or correct any error 
            before the permanent paper record is produced.
                (iii) The paper record produced under subparagraph (A) 
            shall be available as an official record for any recount 
            conducted with respect to any election in which the system 
            is used.
        (3) Accessibility for individuals with disabilities.--The 
    voting system shall--
            (A) be accessible for individuals with disabilities, 
        including nonvisual accessibility for the blind and visually 
        impaired, in a manner that provides the same opportunity for 
        access and participation (including privacy and independence) 
        as for other voters;
            (B) satisfy the requirement of subparagraph (A) through the 
        use of at least one direct recording electronic voting system 
        or other voting system equipped for individuals with 
        disabilities at each polling place; and
            (C) if purchased with funds made available under title II 
        on or after January 1, 2007, meet the voting system standards 
        for disability access (as outlined in this paragraph).
        (4) Alternative language accessibility.--The voting system 
    shall provide alternative language accessibility pursuant to the 
    requirements of section 203 of the Voting Rights Act of 1965 (42 
    U.S.C. 1973aa-1a).
        (5) Error rates.--The error rate of the voting system in 
    counting ballots (determined by taking into account only those 
    errors which are attributable to the voting system and not 
    attributable to an act of the voter) shall comply with the error 
    rate standards established under section 3.2.1 of the voting 
    systems standards issued by the Federal Election Commission which 
    are in effect on the date of the enactment of this Act.
        (6) Uniform definition of what constitutes a vote.--Each State 
    shall adopt uniform and nondiscriminatory standards that define 
    what constitutes a vote and what will be counted as a vote for each 
    category of voting system used in the State.
    (b) Voting System Defined.--In this section, the term ``voting 
system'' means--
        (1) the total combination of mechanical, electromechanical, or 
    electronic equipment (including the software, firmware, and 
    documentation required to program, control, and support the 
    equipment) that is used--
            (A) to define ballots;
            (B) to cast and count votes;
            (C) to report or display election results; and
            (D) to maintain and produce any audit trail information; 
        and
        (2) the practices and associated documentation used--
            (A) to identify system components and versions of such 
        components;
            (B) to test the system during its development and 
        maintenance;
            (C) to maintain records of system errors and defects;
            (D) to determine specific system changes to be made to a 
        system after the initial qualification of the system; and
            (E) to make available any materials to the voter (such as 
        notices, instructions, forms, or paper ballots).
    (c) Construction.--
        (1) In general.--Nothing in this section shall be construed to 
    prohibit a State or jurisdiction which used a particular type of 
    voting system in the elections for Federal office held in November 
    2000 from using the same type of system after the effective date of 
    this section, so long as the system meets or is modified to meet 
    the requirements of this section.
        (2) Protection of paper ballot voting systems.--For purposes of 
    subsection (a)(1)(A)(i), the term ``verify'' may not be defined in 
    a manner that makes it impossible for a paper ballot voting system 
    to meet the requirements of such subsection or to be modified to 
    meet such requirements.
    (d) Effective Date.--Each State and jurisdiction shall be required 
to comply with the requirements of this section on and after January 1, 
2006.

SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.

    (a) Provisional Voting Requirements.--If an individual declares 
that such individual is a registered voter in the jurisdiction in which 
the individual desires to vote and that the individual is eligible to 
vote in an election for Federal office, but the name of the individual 
does not appear on the official list of eligible voters for the polling 
place or an election official asserts that the individual is not 
eligible to vote, such individual shall be permitted to cast a 
provisional ballot as follows:
        (1) An election official at the polling place shall notify the 
    individual that the individual may cast a provisional ballot in 
    that election.
        (2) The individual shall be permitted to cast a provisional 
    ballot at that polling place upon the execution of a written 
    affirmation by the individual before an election official at the 
    polling place stating that the individual is--
            (A) a registered voter in the jurisdiction in which the 
        individual desires to vote; and
            (B) eligible to vote in that election.
        (3) An election official at the polling place shall transmit 
    the ballot cast by the individual or the voter information 
    contained in the written affirmation executed by the individual 
    under paragraph (2) to an appropriate State or local election 
    official for prompt verification under paragraph (4).
        (4) If the appropriate State or local election official to whom 
    the ballot or voter information is transmitted under paragraph (3) 
    determines that the individual is eligible under State law to vote, 
    the individual's provisional ballot shall be counted as a vote in 
    that election in accordance with State law.
        (5)(A) At the time that an individual casts a provisional 
    ballot, the appropriate State or local election official shall give 
    the individual written information that states that any individual 
    who casts a provisional ballot will be able to ascertain under the 
    system established under subparagraph (B) whether the vote was 
    counted, and, if the vote was not counted, the reason that the vote 
    was not counted.
        (B) The appropriate State or local election official shall 
    establish a free access system (such as a toll-free telephone 
    number or an Internet website) that any individual who casts a 
    provisional ballot may access to discover whether the vote of that 
    individual was counted, and, if the vote was not counted, the 
    reason that the vote was not counted.
States described in section 4(b) of the National Voter Registration Act 
of 1993 (42 U.S.C. 1973gg-2(b)) may meet the requirements of this 
subsection using voter registration procedures established under 
applicable State law. The appropriate State or local official shall 
establish and maintain reasonable procedures necessary to protect the 
security, confidentiality, and integrity of personal information 
collected, stored, or otherwise used by the free access system 
established under paragraph (5)(B). Access to information about an 
individual provisional ballot shall be restricted to the individual who 
cast the ballot.
    (b) Voting Information Requirements.--
        (1) Public posting on election day.--The appropriate State or 
    local election official shall cause voting information to be 
    publicly posted at each polling place on the day of each election 
    for Federal office.
        (2) Voting information defined.--In this section, the term 
    ``voting information'' means--
            (A) a sample version of the ballot that will be used for 
        that election;
            (B) information regarding the date of the election and the 
        hours during which polling places will be open;
            (C) instructions on how to vote, including how to cast a 
        vote and how to cast a provisional ballot;
            (D) instructions for mail-in registrants and first-time 
        voters under section 303(b);
            (E) general information on voting rights under applicable 
        Federal and State laws, including information on the right of 
        an individual to cast a provisional ballot and instructions on 
        how to contact the appropriate officials if these rights are 
        alleged to have been violated; and
            (F) general information on Federal and State laws regarding 
        prohibitions on acts of fraud and misrepresentation.
    (c) Voters Who Vote After the Polls Close.--Any individual who 
votes in an election for Federal office as a result of a Federal or 
State court order or any other order extending the time established for 
closing the polls by a State law in effect 10 days before the date of 
that election may only vote in that election by casting a provisional 
ballot under subsection (a). Any such ballot cast under the preceding 
sentence shall be separated and held apart from other provisional 
ballots cast by those not affected by the order.
    (d) Effective Date for Provisional Voting and Voting Information.--
Each State and jurisdiction shall be required to comply with the 
requirements of this section on and after January 1, 2004.

SEC. 303. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS 
              AND REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.

    (a) Computerized Statewide Voter Registration List Requirements.--
        (1) Implementation.--
            (A) In general.--Except as provided in subparagraph (B), 
        each State, acting through the chief State election official, 
        shall implement, in a uniform and nondiscriminatory manner, a 
        single, uniform, official, centralized, interactive 
        computerized statewide voter registration list defined, 
        maintained, and administered at the State level that contains 
        the name and registration information of every legally 
        registered voter in the State and assigns a unique identifier 
        to each legally registered voter in the State (in this 
        subsection referred to as the ``computerized list''), and 
        includes the following:
                (i) The computerized list shall serve as the single 
            system for storing and managing the official list of 
            registered voters throughout the State.
                (ii) The computerized list contains the name and 
            registration information of every legally registered voter 
            in the State.
                (iii) Under the computerized list, a unique identifier 
            is assigned to each legally registered voter in the State.
                (iv) The computerized list shall be coordinated with 
            other agency databases within the State.
                (v) Any election official in the State, including any 
            local election official, may obtain immediate electronic 
            access to the information contained in the computerized 
            list.
                (vi) All voter registration information obtained by any 
            local election official in the State shall be 
            electronically entered into the computerized list on an 
            expedited basis at the time the information is provided to 
            the local official.
                (vii) The chief State election official shall provide 
            such support as may be required so that local election 
            officials are able to enter information as described in 
            clause (vi).
                (viii) The computerized list shall serve as the 
            official voter registration list for the conduct of all 
            elections for Federal office in the State.
            (B) Exception.--The requirement under subparagraph (A) 
        shall not apply to a State in which, under a State law in 
        effect continuously on and after the date of the enactment of 
        this Act, there is no voter registration requirement for 
        individuals in the State with respect to elections for Federal 
        office.
        (2) Computerized list maintenance.--
            (A) In general.--The appropriate State or local election 
        official shall perform list maintenance with respect to the 
        computerized list on a regular basis as follows:
                (i) If an individual is to be removed from the 
            computerized list, such individual shall be removed in 
            accordance with the provisions of the National Voter 
            Registration Act of 1993 (42 U.S.C. 1973gg et seq.), 
            including subsections (a)(4), (c)(2), (d), and (e) of 
            section 8 of such Act (42 U.S.C. 1973gg-6).
                (ii) For purposes of removing names of ineligible 
            voters from the official list of eligible voters--

                    (I) under section 8(a)(3)(B) of such Act (42 U.S.C. 
                1973gg-6(a)(3)(B)), the State shall coordinate the 
                computerized list with State agency records on felony 
                status; and
                    (II) by reason of the death of the registrant under 
                section 8(a)(4)(A) of such Act (42 U.S.C. 1973gg-
                6(a)(4)(A)), the State shall coordinate the 
                computerized list with State agency records on death.

                (iii) Notwithstanding the preceding provisions of this 
            subparagraph, if a State is described in section 4(b) of 
            the National Voter Registration Act of 1993 (42 U.S.C. 
            1973gg-2(b)), that State shall remove the names of 
            ineligible voters from the computerized list in accordance 
            with State law.
            (B) Conduct.--The list maintenance performed under 
        subparagraph (A) shall be conducted in a manner that ensures 
        that--
                (i) the name of each registered voter appears in the 
            computerized list;
                (ii) only voters who are not registered or who are not 
            eligible to vote are removed from the computerized list; 
            and
                (iii) duplicate names are eliminated from the 
            computerized list.
        (3) Technological security of computerized list.--The 
    appropriate State or local official shall provide adequate 
    technological security measures to prevent the unauthorized access 
    to the computerized list established under this section.
        (4) Minimum standard for accuracy of state voter registration 
    records.--The State election system shall include 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 that makes a reasonable 
        effort to remove 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 (42 
        U.S.C. 1973gg et seq.), registrants who have not responded to a 
        notice and who have not voted in 2 consecutive general 
        elections for Federal office 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.
        (5) Verification of voter registration information.--
            (A) Requiring provision of certain information by 
        applicants.--
                (i) In general.--Except as provided in clause (ii), 
            notwithstanding any other provision of law, an application 
            for voter registration for an election for Federal office 
            may not be accepted or processed by a State unless the 
            application includes--

                    (I) in the case of an applicant who has been issued 
                a current and valid driver's license, the applicant's 
                driver's license number; or
                    (II) in the case of any other applicant (other than 
                an applicant to whom clause (ii) applies), the last 4 
                digits of the applicant's social security number.

                (ii) Special rule for applicants without driver's 
            license or social security number.--If an applicant for 
            voter registration for an election for Federal office has 
            not been issued a current and valid driver's license or a 
            social security number, the State shall assign the 
            applicant a number which will serve to identify the 
            applicant for voter registration purposes. To the extent 
            that the State has a computerized list in effect under this 
            subsection and the list assigns unique identifying numbers 
            to registrants, the number assigned under this clause shall 
            be the unique identifying number assigned under the list.
                (iii) Determination of validity of numbers provided.--
            The State shall determine whether the information provided 
            by an individual is sufficient to meet the requirements of 
            this subparagraph, in accordance with State law.
            (B) Requirements for state officials.--
                (i) Sharing information in databases.--The chief State 
            election official and the official responsible for the 
            State motor vehicle authority of a State shall enter into 
            an agreement to match information in the database of the 
            statewide voter registration system with information in the 
            database of the motor vehicle authority to the extent 
            required to enable each such official to verify the 
            accuracy of the information provided on applications for 
            voter registration.
                (ii) Agreements with commissioner of social security.--
            The official responsible for the State motor vehicle 
            authority shall enter into an agreement with the 
            Commissioner of Social Security under section 205(r)(8) of 
            the Social Security Act (as added by subparagraph (C)).
            (C) Access to federal information.--Section 205(r) of the 
        Social Security Act (42 U.S.C. 405(r)) is amended by adding at 
        the end the following new paragraph:
    ``(8)(A) The Commissioner of Social Security shall, upon the 
request of the official responsible for a State driver's license agency 
pursuant to the Help America Vote Act of 2002--
        ``(i) enter into an agreement with such official for the 
    purpose of verifying applicable information, so long as the 
    requirements of subparagraphs (A) and (B) of paragraph (3) are met; 
    and
        ``(ii) include in such agreement safeguards to assure the 
    maintenance of the confidentiality of any applicable information 
    disclosed and procedures to permit such agency to use the 
    applicable information for the purpose of maintaining its records.
    ``(B) Information provided pursuant to an agreement under this 
paragraph shall be provided at such time, in such place, and in such 
manner as the Commissioner determines appropriate.
    ``(C) The Commissioner shall develop methods to verify the accuracy 
of information provided by the agency with respect to applications for 
voter registration, for whom the last 4 digits of a social security 
number are provided instead of a driver's license number.
    ``(D) For purposes of this paragraph--
        ``(i) the term `applicable information' means information 
    regarding whether--
            ``(I) the name (including the first name and any family 
        forename or surname), the date of birth (including the month, 
        day, and year), and social security number of an individual 
        provided to the Commissioner match the information contained in 
        the Commissioner's records, and
            ``(II) such individual is shown on the records of the 
        Commissioner as being deceased; and
        ``(ii) the term `State driver's license agency' means the State 
    agency which issues driver's licenses to individuals within the 
    State and maintains records relating to such licensure.
    ``(E) Nothing in this paragraph may be construed to require the 
provision of applicable information with regard to a request for a 
record of an individual if the Commissioner determines there are 
exceptional circumstances warranting an exception (such as safety of 
the individual or interference with an investigation).
    ``(F) Applicable information provided by the Commission pursuant to 
an agreement under this paragraph or by an individual to any agency 
that has entered into an agreement under this paragraph shall be 
considered as strictly confidential and shall be used only for the 
purposes described in this paragraph and for carrying out an agreement 
under this paragraph. Any officer or employee or former officer or 
employee of a State, or any officer or employee or former officer or 
employee of a contractor of a State who, without the written authority 
of the Commissioner, publishes or communicates any applicable 
information in such individual's possession by reason of such 
employment or position as such an officer, shall be guilty of a felony 
and upon conviction thereof shall be fined or imprisoned, or both, as 
described in section 208.''.
            (D) Special rule for certain states.--In the case of a 
        State which is permitted to use social security numbers, and 
        provides for the use of social security numbers, on 
        applications for voter registration, in accordance with section 
        7 of the Privacy Act of 1974 (5 U.S.C. 552a note), the 
        provisions of this paragraph shall be optional.
    (b) Requirements for Voters Who Register by Mail.--
        (1) In general.--Notwithstanding section 6(c) of the National 
    Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c)) and subject 
    to paragraph (3), a State shall, in a uniform and nondiscriminatory 
    manner, require an individual to meet the requirements of paragraph 
    (2) if--
            (A) the individual registered to vote in a jurisdiction by 
        mail; and
            (B)(i) the individual has not previously voted in an 
        election for Federal office in the State; or
            (ii) the individual has not previously voted in such an 
        election in the jurisdiction and the jurisdiction is located in 
        a State that does not have a computerized list that complies 
        with the requirements of subsection (a).
        (2) Requirements.--
            (A) In general.--An individual meets the requirements of 
        this paragraph if the individual--
                (i) in the case of an individual who votes in person--

                    (I) presents to the appropriate State or local 
                election official a current and valid photo 
                identification; or
                    (II) presents to the appropriate State or local 
                election official a copy of a current utility bill, 
                bank statement, government check, paycheck, or other 
                government document that shows the name and address of 
                the voter; or

                (ii) in the case of an individual who votes by mail, 
            submits with the ballot--

                    (I) a copy of a current and valid photo 
                identification; or
                    (II) a copy of a current utility bill, bank 
                statement, government check, paycheck, or other 
                government document that shows the name and address of 
                the voter.

            (B) Fail-safe voting.--
                (i) In person.--An individual who desires to vote in 
            person, but who does not meet the requirements of 
            subparagraph (A)(i), may cast a provisional ballot under 
            section 302(a).
                (ii) By mail.--An individual who desires to vote by 
            mail but who does not meet the requirements of subparagraph 
            (A)(ii) may cast such a ballot by mail and the ballot shall 
            be counted as a provisional ballot in accordance with 
            section 302(a).
        (3) Inapplicability.--Paragraph (1) shall not apply in the case 
    of a person--
            (A) who registers to vote by mail under section 6 of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) 
        and submits as part of such registration either--
                (i) a copy of a current and valid photo identification; 
            or
                (ii) a copy of a current utility bill, bank statement, 
            government check, paycheck, or government document that 
            shows the name and address of the voter;
            (B)(i) who registers to vote by mail under section 6 of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) 
        and submits with such registration either--
                (I) a driver's license number; or
                (II) at least the last 4 digits of the individual's 
            social security number; and
            (ii) with respect to whom a State or local election 
        official matches the information submitted under clause (i) 
        with an existing State identification record bearing the same 
        number, name and date of birth as provided in such 
        registration; or
            (C) who is--
                (i) entitled to vote by absentee ballot under the 
            Uniformed and Overseas Citizens Absentee Voting Act (42 
            U.S.C. 1973ff-1 et seq.);
                (ii) provided the right to vote otherwise than in 
            person under section 3(b)(2)(B)(ii) of the Voting 
            Accessibility for the Elderly and Handicapped Act (42 
            U.S.C. 1973ee-1(b)(2)(B)(ii)); or
                (iii) entitled to vote otherwise than in person under 
            any other Federal law.
        (4) Contents of mail-in registration form.--
            (A) In general.--The mail voter registration form developed 
        under section 6 of the National Voter Registration Act of 1993 
        (42 U.S.C. 1973gg-4) shall include the following:
                (i) The question ``Are you a citizen of the United 
            States of America?'' and boxes for the applicant to check 
            to indicate whether the applicant is or is not a citizen of 
            the United States.
                (ii) The question ``Will you be 18 years of age on or 
            before election day?'' and boxes for the applicant to check 
            to indicate whether or not the applicant will be 18 years 
            of age or older on election day.
                (iii) The statement ``If you checked `no' in response 
            to either of these questions, do not complete this form.''.
                (iv) A statement informing the individual that if the 
            form is submitted by mail and the individual is registering 
            for the first time, the appropriate information required 
            under this section must be submitted with the mail-in 
            registration form in order to avoid the additional 
            identification requirements upon voting for the first time.
            (B) Incomplete forms.--If an applicant for voter 
        registration fails to answer the question included on the mail 
        voter registration form pursuant to subparagraph (A)(i), the 
        registrar shall notify the applicant of the failure and provide 
        the applicant with an opportunity to complete the form in a 
        timely manner to allow for the completion of the registration 
        form prior to the next election for Federal office (subject to 
        State law).
        (5) Construction.--Nothing in this subsection shall be 
    construed to require a State that was not required to comply with a 
    provision of the National Voter Registration Act of 1993 (42 U.S.C. 
    1973gg et seq.) before the date of the enactment of this Act to 
    comply with such a provision after such date.
    (c) Permitted Use of Last 4 Digits of Social Security Numbers.--The 
last 4 digits of a social security number described in subsections 
(a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered to be a 
social security number for purposes of section 7 of the Privacy Act of 
1974 (5 U.S.C. 552a note).
    (d) Effective Date.--
        (1) Computerized statewide voter registration list 
    requirements.--
            (A) In general.--Except as provided in subparagraph (B), 
        each State and jurisdiction shall be required to comply with 
        the requirements of subsection (a) on and after January 1, 
        2004.
            (B) Waiver.--If a State or jurisdiction certifies to the 
        Commission not later than January 1, 2004, that the State or 
        jurisdiction will not meet the deadline described in 
        subparagraph (A) for good cause and includes in the 
        certification the reasons for the failure to meet such 
        deadline, subparagraph (A) shall apply to the State or 
        jurisdiction as if the reference in such subparagraph to 
        ``January 1, 2004'' were a reference to ``January 1, 2006''.
        (2) Requirement for voters who register by mail.--
            (A) In general.--Each State and jurisdiction shall be 
        required to comply with the requirements of subsection (b) on 
        and after January 1, 2004, and shall be prepared to receive 
        registration materials submitted by individuals described in 
        subparagraph (B) on and after the date described in such 
        subparagraph.
            (B) Applicability with respect to individuals.--The 
        provisions of subsection (b) shall apply to any individual who 
        registers to vote on or after January 1, 2003.

SEC. 304. MINIMUM REQUIREMENTS.

    The requirements established by this title are minimum requirements 
and nothing in this title shall be construed to prevent a State from 
establishing election technology and administration requirements that 
are more strict than the requirements established under this title so 
long as such State requirements are not inconsistent with the Federal 
requirements under this title or any law described in section 906.

SEC. 305. METHODS OF IMPLEMENTATION LEFT TO DISCRETION OF STATE.

    The specific choices on the methods of complying with the 
requirements of this title shall be left to the discretion of the 
State.

                     Subtitle B--Voluntary Guidance

SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION.

    (a) In General.--To assist States in meeting the requirements of 
subtitle A, the Commission shall adopt voluntary guidance consistent 
with such requirements in accordance with the procedures described in 
section 312.
    (b) Deadlines.--The Commission shall adopt the recommendations 
under this section not later than--
        (1) in the case of the recommendations with respect to section 
    301, January 1, 2004;
        (2) in the case of the recommendations with respect to section 
    302, October 1, 2003; and
        (3) in the case of the recommendations with respect to section 
    303, October 1, 2003.
    (c) Quadrennial Update.--The Commission shall review and update 
recommendations adopted with respect to section 301 no less frequently 
than once every 4 years.

SEC. 312. PROCESS FOR ADOPTION.

    The adoption of the voluntary guidance under this subtitle shall be 
carried out by the Commission in a manner that provides for each of the 
following:
        (1) Publication of notice of the proposed recommendations in 
    the Federal Register.
        (2) An opportunity for public comment on the proposed 
    recommendations.
        (3) An opportunity for a public hearing on the record.
        (4) Publication of the final recommendations in the Federal 
    Register.

                         TITLE IV--ENFORCEMENT

SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY AND 
              INJUNCTIVE RELIEF.

    The Attorney General may bring a civil action against any State or 
jurisdiction in an appropriate United States District Court for such 
declaratory and injunctive relief (including a temporary restraining 
order, a permanent or temporary injunction, or other order) as may be 
necessary to carry out the uniform and nondiscriminatory election 
technology and administration requirements under sections 301, 302, and 
303.

SEC. 402. ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COMPLAINT 
              PROCEDURES TO REMEDY GRIEVANCES.

    (a) Establishment of State-Based Administrative Complaint 
Procedures To Remedy Grievances.--
        (1) Establishment of procedures as condition of receiving 
    funds.--If a State receives any payment under a program under this 
    Act, the State shall be required to establish and maintain State-
    based administrative complaint procedures which meet the 
    requirements of paragraph (2).
        (2) Requirements for procedures.--The requirements of this 
    paragraph are as follows:
            (A) The procedures shall be uniform and nondiscriminatory.
            (B) Under the procedures, any person who believes that 
        there is a violation of any provision of title III (including a 
        violation which has occurred, is occurring, or is about to 
        occur) may file a complaint.
            (C) Any complaint filed under the procedures shall be in 
        writing and notarized, and signed and sworn by the person 
        filing the complaint.
            (D) The State may consolidate complaints filed under 
        subparagraph (B).
            (E) At the request of the complainant, there shall be a 
        hearing on the record.
            (F) If, under the procedures, the State determines that 
        there is a violation of any provision of title III, the State 
        shall provide the appropriate remedy.
            (G) If, under the procedures, the State determines that 
        there is no violation, the State shall dismiss the complaint 
        and publish the results of the procedures.
            (H) The State shall make a final determination with respect 
        to a complaint prior to the expiration of the 90-day period 
        which begins on the date the complaint is filed, unless the 
        complainant consents to a longer period for making such a 
        determination.
            (I) If the State fails to meet the deadline applicable 
        under subparagraph (H), the complaint shall be resolved within 
        60 days under alternative dispute resolution procedures 
        established for purposes of this section. The record and other 
        materials from any proceedings conducted under the complaint 
        procedures established under this section shall be made 
        available for use under the alternative dispute resolution 
        procedures.
    (b) Requiring Attorney General Approval of Compliance Plan for 
States Not Receiving Funds.--
        (1) In general.--Not later than January 1, 2004, each 
    nonparticipating State shall elect--
            (A) to certify to the Commission that the State meets the 
        requirements of subsection (a) in the same manner as a State 
        receiving a payment under this Act; or
            (B) to submit a compliance plan to the Attorney General 
        which provides detailed information on the steps the State will 
        take to ensure that it meets the requirements of title III.
        (2) States without approved plan deemed out of compliance.--A 
    nonparticipating State (other than a State which makes the election 
    described in paragraph (1)(A)) shall be deemed to not meet the 
    requirements of title III if the Attorney General has not approved 
    a compliance plan submitted by the State under this subsection.
        (3) Nonparticipating state defined.--In this section, a 
    ``nonparticipating State'' is a State which, during 2003, does not 
    notify any office which is responsible for making payments to 
    States under any program under this Act of its intent to 
    participate in, and receive funds under, the program.

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

SEC. 501. 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. 502. 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 501(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. 503. AUTHORIZATION OF APPROPRIATIONS.

    In addition to any funds authorized to be appropriated to the 
Commission under section 210, there are authorized to be appropriated 
to carry out this title--
        (1) $5,000,000 for fiscal year 2003; and
        (2) such sums as may be necessary for each succeeding fiscal 
    year.

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

SEC. 601. 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 (to the extent permitted under applicable State law);
        ``(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 (to the extent permitted under applicable State law); 
    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) Four directors (of whom not more than two may be members 
    of the same political party) shall be appointed by the President.
        ``(B) Two directors shall be appointed by the Speaker of the 
    House of Representatives.
        ``(C) Two directors shall be appointed by the Minority Leader 
    of the House of Representatives.
        ``(D) Two directors shall be appointed by the Majority Leader 
    of the Senate.
        ``(E) Two 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) In 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 2003; 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 VII--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS

SEC. 701. VOTING ASSISTANCE PROGRAMS.

    (a) Voting Assistance Officers.--Subsection (f) of section 1566 of 
title 10, United States Code, as added by section 1602(a) of the 
National Defense Authorization Act for Fiscal Year 2002 (Public Law 
107-107; 115 Stat. 1274), is amended--
        (1) by striking ``Voting assistance'' in the first sentence and 
    inserting ``(1) Voting assistance''; and
        (2) by adding at the end the following new paragraph:
    ``(2) Under regulations and procedures (including directives) 
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.''.
    (b) Postmarking of Overseas Voting Materials.--Subsection (g)(2) of 
such section is amended by adding at the end the following: ``The 
Secretary shall, to the maximum extent practicable, implement measures 
to ensure that a postmark or other official proof of mailing date is 
provided on each absentee ballot collected at any overseas location or 
vessel at sea whenever the Department of Defense is responsible for 
collecting mail for return shipment to the United States. The Secretary 
shall ensure that the measures implemented under the preceding sentence 
do not result in the delivery of absentee ballots to the final 
destination of such ballots after the date on which the election for 
Federal office is held. Not later than the date that is 6 months after 
the date of the enactment of the Help America Vote Act of 2002, 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.''.
    (c) Providing Notice of Deadlines and Requirements.--Such section 
is amended by adding at the end the following new subsection:
    ``(h) Notice of Deadlines and Requirements.--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.''.
    (d) Registration and Voting Information for Members and 
Dependents.--Such section is further amended by adding at the end the 
following new subsection:
    ``(i) 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 shall receive such 
form at the time of the enlistment, 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.''.

SEC. 702. 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 to be 
    used by absent uniformed services voters and overseas voters with 
    respect to elections for Federal office (including procedures 
    relating to the use of the Federal write-in absentee ballot) to all 
    absent uniformed services voters and overseas voters who wish to 
    register to vote or vote in any jurisdiction in the State.
        ``(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. 703. 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 702, 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 2002) on the combined number of absentee ballots 
transmitted to absent uniformed services voters and overseas voters for 
the election and the combined 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. 704. EXTENSION OF PERIOD COVERED BY SINGLE ABSENTEE BALLOT 
              APPLICATION.

    Section 104(a) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-1), as amended by section 1606(b) of the 
National Defense Authorization Act for Fiscal Year 2002 (Public Law 
107-107; 115 Stat. 1279), is amended by striking ``during that year,'' 
and all that follows and inserting the following: ``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 to the 
voter for each such subsequent election.''.

SEC. 705. 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 ensure 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 section 702, 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. 706. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND ABSENTEE 
              BALLOT APPLICATIONS ON GROUNDS OF EARLY SUBMISSION.

    (a) In General.--Section 104 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-3), as amended by section 1606(b) 
of the National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 115 Stat. 1279), is amended by adding at the end the 
following new subsection:
    ``(e) Prohibition of Refusal of Applications on Grounds of Early 
Submission.--A State may not refuse to accept or process, with respect 
to any election for Federal office, any otherwise valid voter 
registration application or absentee ballot application (including the 
postcard form prescribed under section 101) submitted by an absent 
uniformed services voter during a year on the grounds that the voter 
submitted the application before the first date on which the State 
otherwise accepts or processes such applications for that year 
submitted by absentee voters who are not members of the uniformed 
services.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections for Federal office that occur after 
January 1, 2004.

SEC. 707. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF OVERSEAS AND 
              ABSENT UNIFORMED SERVICES VOTERS.

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

                   TITLE VIII--TRANSITION PROVISIONS
   Subtitle A--Transfer to Commission of Functions Under Certain Laws

SEC. 801. 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 Election Administration, established within the Federal 
Election Commission, exercised before the date of the 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. 802. 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 section 9(a) of the 
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) before 
the date of the 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. 803. 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. 804. 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.
    (c) No Effect on Authorities of Office of Election Administration 
Prior to Appointment of Members of Commission.--During the period which 
begins on the date of the enactment of this Act and ends on the 
effective date described in subsection (a), the Office of Election 
Administration of the Federal Election Commission shall continue to 
have the authority to carry out any of the functions (including the 
development of voluntary standards for voting systems and procedures 
for the certification of voting systems) which it has the authority to 
carry out as of the date of the enactment of this Act.

   Subtitle B--Coverage of Commission Under Certain Laws and Programs

SEC. 811. 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. 812. 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 IX--MISCELLANEOUS PROVISIONS

SEC. 901. 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. 902. AUDITS AND REPAYMENT OF FUNDS.

    (a) Recordkeeping Requirement.--Each recipient of a grant or other 
payment made under this Act shall keep such records with respect to the 
payment as are consistent with sound accounting principles, including 
records which fully disclose the amount and disposition by such 
recipient of funds, the total cost of the project or undertaking for 
which such funds are used, and the amount of that portion of the cost 
of the project or undertaking supplied by other sources, and such other 
records as will facilitate an effective audit.
    (b) Audits and Examinations.--
        (1) Audits and examinations.--Except as provided in paragraph 
    (5), each office making a grant or other payment under this Act, or 
    any duly authorized representative of such office, may audit or 
    examine any recipient of the grant or payment and shall have access 
    for the purpose of audit and examination to any books, documents, 
    papers, and records of the recipient which in the opinion of the 
    entity may be related or pertinent to the grant or payment.
        (2) Recipients of assistance subject to provisions of 
    section.--The provisions of this section shall apply to all 
    recipients of grants or other payments under this Act, whether by 
    direct grant, cooperative agreement, or contract under this Act or 
    by subgrant or subcontract from primary grantees or contractors 
    under this Act.
        (3) Mandatory audit.--In addition to audits conducted pursuant 
    to paragraph (1), all funds provided under this Act shall be 
    subject to mandatory audit by the Comptroller General at least once 
    during the lifetime of the program involved. For purposes of an 
    audit under this paragraph, the Comptroller General shall have 
    access to books, documents, papers, and records of recipients of 
    funds in the same manner as the office making the grant or payment 
    involved has access to such books, documents, papers, and records 
    under paragraph (1).
        (4) Special rule for payments by general services 
    administration.--With respect to any grant or payment made under 
    this Act by the Administrator of General Services, the Election 
    Assistance Commission shall be deemed to be the office making the 
    grant or payment for purposes of this section.
        (5) Special rule.--In the case of grants or payments made under 
    section 251, audits and examinations conducted under paragraph (1) 
    shall be performed on a regular basis (as determined by the 
    Commission).
        (6) Special rules for audits by the commission.--In addition to 
    the audits described in paragraph (1), the Election Assistance 
    Commission may conduct a special audit or special examination of a 
    recipient described in paragraph (1) upon a vote of the Commission.
    (c) Recoupment of Funds.--If the Comptroller General determines as 
a result of an audit conducted under subsection (b) that--
        (1) a recipient of funds under this Act is not in compliance 
    with each of the requirements of the program under which the funds 
    are provided; or
        (2) an excess payment has been made to the recipient under the 
    program,
the recipient shall pay to the office which made the grant or payment 
involved a portion of the funds provided which reflects the proportion 
of the requirements with which the recipient is not in compliance, or 
the extent to which the payment is in excess, under the program 
involved.

SEC. 903. 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--
            ``(A) has not either notified the applicable registrar (in 
        person or in writing) or responded during the period described 
        in subparagraph (B) to the notice sent by the applicable 
        registrar; and then
            ``(B) has not voted or appeared to vote in 2 or more 
        consecutive general elections for Federal office.''.

SEC. 904. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELECTORAL FRAUD 
              STATUTES AND PENALTIES.

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

SEC. 905. OTHER CRIMINAL PENALTIES.

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

SEC. 906. NO EFFECT ON OTHER LAWS.

    (a) In General.--Except as specifically provided in section 303(b) 
of this Act with regard to the National Voter Registration Act of 1993 
(42 U.S.C. 1973gg et seq.), nothing in this Act may be construed to 
authorize or require conduct prohibited under any of the following 
laws, or to supersede, restrict, or limit the application of such laws:
        (1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
        (2) The Voting Accessibility for the Elderly and Handicapped 
    Act (42 U.S.C. 1973ee et seq.).
        (3) The Uniformed and Overseas Citizens Absentee Voting Act (42 
    U.S.C. 1973ff et seq.).
        (4) The National Voter Registration Act of 1993 (42 U.S.C. 
    1973gg et seq.).
        (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
    12101 et seq.).
        (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
    (b) No Effect on Preclearance or Other Requirements Under Voting 
Rights Act.--The approval by the Administrator or the Commission of a 
payment or grant application under title I or title II, or any other 
action taken by the Commission or a State under such title, shall not 
be considered to have any effect on requirements for preclearance under 
section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c) or any 
other requirements of such Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.