[Congressional Record Volume 147, Number 172 (Wednesday, December 12, 2001)]
[House]
[Pages H9264-H9308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     HELP AMERICA VOTE ACT OF 2001

  Mr. NEY. Mr. Speaker, pursuant to House Resolution 311, I call up the 
bill (H.R. 3295) 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.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Fossella). Pursuant to House Resolution 
311, the bill is considered read for amendment.
  The text of H.R. 3295 is as follows:

                               H.R. 3295

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                  TITLE I--PUNCH CARD VOTING MACHINES

                  Subtitle A--Replacement of Machines

Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.

         Subtitle B--Enhancing Performance of Existing Systems

Sec. 111. Establishment of program.
Sec. 112. Eligibility.
Sec. 113. Amount of payment.
Sec. 114. Audit and repayment of funds.

                     Subtitle C--General Provisions

Sec. 121. Authorization of appropriations.
Sec. 122. Punch card voting system defined.

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 Part 1--Election Assistance Commission

Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Limitation on rulemaking authority.
Sec. 207. Authorization of appropriations.

  Part 2--Election Assistance Commission Standards Board and Board of 
                                Advisors

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

                Subtitle B--Voluntary Election Standards

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

                    Subtitle C--Election Assistance

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

Sec. 231. Election fund payments to States for voting system 
              improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.

     Part 2--Grants for Research on Voting Technology Improvements

Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.

     Part 3--Pilot Program for Testing of Equipment and Technology

Sec. 251. Pilot program.
Sec. 252. Report.
Sec. 253. Authorization of appropriations.

                         Part 4--Miscellaneous

Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.

              TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM

Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.

                 TITLE IV--HELP AMERICA VOTE FOUNDATION

Sec. 401. Help America Vote Foundation.

         TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS

Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.

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

Sec. 601. Voting assistance programs.
Sec. 602. Designation of single State office to provide information on 
              registration and absentee ballots for all voters in 
              State.
Sec. 603. Report on absentee ballots transmitted and received after 
              general elections.
Sec. 604. Simplification of voter registration and absentee ballot 
              application procedures for absent uniformed services and 
              overseas voters.
Sec. 605. Additional duties of Presidential designee under Uniformed 
              and Overseas Citizens Absentee Voting Act.

      TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL

Sec. 701. Reduced postage rates for official election mail.

                   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. Miscellaneous provisions to protect integrity of election 
              process.
Sec. 903. No effect on other laws.

                  TITLE I--PUNCH CARD VOTING MACHINES

                  Subtitle A--Replacement of Machines

     SEC. 101. ESTABLISHMENT OF PROGRAM.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Administrator of General 
     Services (hereafter in this title referred to as the 
     ``Administrator'') shall establish a program under which the 
     Administrator shall make a one-time payment to each 
     eligible State or unit of local government which used a 
     punch card voting system to administer the regularly 
     scheduled general election for Federal office held in 
     November 2000.
       (b) Use of Funds.--A State or unit of local government 
     shall use the funds provided under a payment under this 
     subtitle (either directly or as reimbursement) to replace its 
     punch card voting system with a voting system which does not 
     use punch cards (by purchase, lease, or such other 
     arrangement as may be appropriate).

[[Page H9265]]

       (c) Deadline.--
       (1) In general.--A State or unit of local government 
     receiving a payment under the program under this subtitle 
     shall--
       (A) obligate the funds provided for the uses described in 
     subsection (b) not later than the date of the regularly 
     scheduled general election for Federal office to be held in 
     November 2002; and
       (B) ensure that all of the punch card voting systems under 
     its jurisdiction have been replaced in time for the regularly 
     scheduled general election for Federal office to be held in 
     November 2004.
       (2) Waiver.--If a State or unit of local government 
     provides the Election Assistance Commission (established 
     under section 201) (not later than the date of the regularly 
     scheduled general election for Federal office to be held in 
     November 2002) with a notice that the State or unit will not 
     meet the deadlines described in paragraph (1) and includes in 
     the notice the reasons for the failure to meet such 
     deadlines, and the Commission finds that there is good cause 
     for the failure to meet such deadlines, paragraph (1) shall 
     apply to the State or unit as if--
       (A) the reference in paragraph (1)(A) to ``November 2002'' 
     were a reference to ``November 2004''; and
       (B) the reference in paragraph (1)(B) to ``November 2004'' 
     were a reference to ``November 2006''.

     SEC. 102. ELIGIBILITY.

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

     SEC. 103. AMOUNT OF PAYMENT.

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

     SEC. 104. AUDIT AND REPAYMENT OF FUNDS.

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

     SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.

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

         Subtitle B--Enhancing Performance of Existing Systems

     SEC. 111. ESTABLISHMENT OF PROGRAM.

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

     SEC. 112. ELIGIBILITY.

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

     SEC. 113. AMOUNT OF PAYMENT.

       (a) In General.--The amount of payment made to a State or 
     unit of local government under the program under this 
     subtitle shall be equal to the applicable per precinct 
     matching rate of the cost to the State or unit (as the case 
     may be) of the activities to be funded with the payment under 
     the program in each precinct in the State or unit (as the 
     case may be), except that in no case may the amount of the 
     payment exceed the product of--
       (1) the number of voting precincts administered by the 
     State or unit which used a

[[Page H9266]]

     punch card voting system to carry out the general Federal 
     election held in November 2000; and
       (2) $2,000.
       (b) Applicable Per Precinct Matching Rate Defined.--In 
     subsection (a), the ``applicable per precinct matching rate'' 
     is--
       (1) 90 percent; or
       (2) 95 percent, in the case of a precinct whose average per 
     capita income is within the lowest quartile of average per 
     capita incomes for all precincts in the United States (as 
     determined by the 2000 decennial census).

     SEC. 114. AUDIT AND REPAYMENT OF FUNDS.

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

                     Subtitle C--General Provisions

     SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 122. PUNCH CARD VOTING SYSTEM DEFINED.

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

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 PART 1--ELECTION ASSISTANCE COMMISSION

     SEC. 201. ESTABLISHMENT.

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

     SEC. 202. DUTIES.

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

     SEC. 203. MEMBERSHIP AND APPOINTMENT.

       (a) Membership.--
       (1) In general.--The Commission shall have 4 members 
     appointed by the President, by and with the consent of the 
     Senate, of whom--
       (A) 1 shall be appointed from among a list of nominees 
     submitted by the majority leader of the Senate;
       (B) 1 shall be appointed from among a list of nominees 
     submitted by the minority leader of the Senate;
       (C) 1 shall be appointed from among a list of nominees 
     submitted by the Speaker of the House of Representatives; and
       (D) 1 shall be appointed from among a list of nominees 
     submitted by the minority leader of the House of 
     Representatives.
       (2) Qualifications.--Each member of the Commission shall 
     have experience with or expertise in election administration 
     or the study of elections, except that no individual may 
     serve as a member of the Commission if the individual is an 
     officer or employee of the Federal Government at any time 
     during the period of service on the Commission.
       (3) Date of appointment.--The appointments of the members 
     of the Commission shall be made not later than 30 days after 
     the date of enactment of this Act.
       (b) Term of Service.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), members shall serve for a term of 4 years and may be 
     reappointed for not more than one additional term.
       (2) Terms of initial appointees.--As designated by the 
     President at the time of appointment, of the members first 
     appointed--
       (A) 2 of the members (not more than 1 of whom may be 
     affiliated with the same political party) shall be appointed 
     for a term of 2 years; and
       (B) 2 of the members (not more than 1 of whom may be 
     affiliated with the same political party) shall be appointed 
     for a term of 4 years.
       (3) Vacancies.--
       (A) In general.--A vacancy on the Commission shall be 
     filled in the manner in which the original appointment was 
     made and shall be subject to any conditions which applied 
     with respect to the original appointment.
       (B) Expired terms.--A member of the Commission may serve on 
     the Commission after the expiration of the member's term 
     until the successor of such member has taken office as a 
     member of the Commission.
       (C) Unexpired terms.--An individual chosen to fill a 
     vacancy shall be appointed for the unexpired term of the 
     member replaced.
       (c) Chair and Vice Chair.--The Commission shall select a 
     chair and vice chair from among its members for a term of 1 
     year, except that the chair and vice chair may not be 
     affiliated with the same political party.
       (d) Compensation.--
       (1) In general.--Members of the Commission shall each be 
     paid at an annual rate equal to $30,000.
       (2) Travel expenses.--Members of the Commission shall each 
     receive travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Outside employment permitted.--A member of the 
     Commission may hold any other office or employment not 
     inconsistent or in conflict with the member's duties, 
     responsibilities, and powers as a member of the Commission.

     SEC. 204. STAFF.

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

[[Page H9267]]

     department or agency to the Commission to assist it in 
     carrying out its duties under this Act.
       (d) Arranging for Assistance for Board of Advisors and 
     Standards Board.--At the request of the Election Assistance 
     Commission Board of Advisors or the Election Assistance 
     Commission Standards Board established under part 2, the 
     Executive Director shall enter into such arrangements as the 
     Executive Director considers appropriate to make personnel 
     available to assist the Boards with carrying out their duties 
     under this title (including contracts with private 
     individuals for providing temporary personnel services or the 
     temporary detailing of personnel of the Commission).
       (e) Consultation With Board of Advisors and Standards Board 
     on Certain Matters.--In preparing the program goals, long-
     term plans, mission statements, and related matters for the 
     Commission, the Executive Director and staff of the 
     Commission shall consult with the Election Assistance 
     Commission Board of Advisors and the Election Assistance 
     Commission Standards Board established under part 2.

     SEC. 205. POWERS.

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

     SEC. 206. LIMITATION ON RULEMAKING AUTHORITY.

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

     SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

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

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

     SEC. 211. ESTABLISHMENT.

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

     SEC. 212. DUTIES.

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

     SEC. 213. MEMBERSHIP OF STANDARDS BOARD.

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

     SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.

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

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

       (a) Hearings and Sessions.--

[[Page H9268]]

       (1) In general.--To the extent that funds are made 
     available by the Commission, the Standards Board (acting 
     through the Executive Board) and the Board of Advisors may 
     each hold such hearings for the purpose of carrying out this 
     Act, sit and act at such times and places, take such 
     testimony, and receive such evidence as each such Board 
     considers advisable to carry out this title, except that the 
     Boards may not issue subpoenas requiring the attendance and 
     testimony of witnesses or the production of any evidence.
       (2) Meetings.--The Standards Board and the Board of 
     Advisors shall each hold a meeting of its members--
       (A) not less frequently than once every year for purposes 
     of voting on the standards referred to it under section 223;
       (B) in the case of the Standards Board, not less frequently 
     than once every 2 years for purposes of selecting the 
     Executive Board; and
       (C) at such other times as it considers appropriate for 
     purposes of conducting such other business as it considers 
     appropriate consistent with this title.
       (b) Information From Federal Agencies.--The Standards Board 
     and the Board of Advisors may each secure directly from any 
     Federal department or agency such information as the Board 
     considers necessary to carry out this Act. Upon request of 
     the Executive Board (in the case of the Standards Board) or 
     the Chair (in the case of the Board of Advisors), the head of 
     such department or agency shall furnish such information to 
     the Board.
       (c) Postal Services.--The Standards Board and the Board of 
     Advisors may use the United States mails in the same manner 
     and under the same conditions as a department or agency of 
     the Federal Government.
       (d) Administrative Support Services.--Upon the request of 
     the Executive Board (in the case of the Standards Board) or 
     the Chair (in the case of the Board of Advisors), the 
     Administrator of the General Services Administration shall 
     provide to the Board, on a reimbursable basis, the 
     administrative support services that are necessary to enable 
     the Board to carry out its duties under this title.
       (e) No Compensation for Service.--Members of the Standards 
     Board and members of the Board of Advisors shall not receive 
     any compensation for their service, but shall be paid travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Board.

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

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

                Subtitle B--Voluntary Election Standards

     SEC. 221. DEVELOPMENT OF VOLUNTARY ELECTION STANDARDS.

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

[[Page H9269]]

       (1) Current and alternate methods and mechanisms of voting 
     and counting votes in elections for Federal office.
       (2) Current and alternate ballot designs for elections for 
     Federal office.
       (3) Current and alternate methods of voter registration, 
     maintaining secure and accurate lists of registered voters 
     (including the establishment of a centralized, interactive, 
     statewide voter registration list linked to relevant agencies 
     and all polling sites), and ensuring that all registered 
     voters appear on the polling list at the appropriate polling 
     site.
       (4) Current and alternate methods of conducting provisional 
     voting.
       (5) Current and alternate methods of ensuring the 
     accessibility of voting, registration, polling places, and 
     voting equipment to all voters, including disabled voters and 
     voters with limited English proficiency.
       (6) Current and alternate methods of voter registration for 
     members of the uniformed services and overseas voters, and 
     methods of ensuring that such voters receive timely ballots 
     that will be properly and expeditiously handled and counted.
       (7) Current and alternate methods of recruiting and 
     improving the performance of poll workers.
       (8) Federal and State laws governing the eligibility of 
     persons to vote.
       (9) Current and alternate methods of educating voters about 
     the process of registering to vote and voting, the operation 
     of voting mechanisms, the location of polling places, and all 
     other aspects of participating in elections.
       (10) Matters particularly relevant to voting and 
     administering elections in rural and urban areas.
       (11) Conducting elections for Federal office on different 
     days, at different places, and during different hours, 
     including the advisability of establishing a uniform poll 
     closing time.
       (12) The ways that the Federal Government can best assist 
     State and local authorities to improve the administration of 
     elections for Federal office and what levels of funding would 
     be necessary to provide such assistance.
       (c) Consultation With Standards Board and Board of 
     Advisors.--The Commission shall carry out its duties under 
     this subtitle in consultation with the Standards Board and 
     the Board of Advisors.

     SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COMMITTEE.

       (a) Establishment.--There is hereby established the 
     Technical Standards Development Committee (hereafter in this 
     subtitle referred to as the ``Development Committee'').
       (b) Duties.--
       (1) In general.--The Development Committee shall assist the 
     Executive Director of the Commission in the development of 
     voluntary standards under this subtitle by recommending 
     standards (and modifications to standards) to ensure the 
     usability, accuracy, security, accessibility, and integrity 
     of voting systems and voting equipment.
       (2) Deadline for initial set of recommendations.--The 
     Development Committee shall provide its first set of 
     recommendations under this section to the Executive Director 
     of the Commission not later than 9 months after all of its 
     members have been appointed.
       (c) Membership.--
       (1) In general.--The Development Committee shall be 
     composed of the Director of the National Institute of 
     Standards and Technology (who shall serve as its chair), 
     together with a group of 14 other individuals appointed 
     jointly by the Commission and the Director of the National 
     Institute of Standards and Technology, consisting of the 
     following:
       (A) An equal number of each of the following:
       (i) Members of the Standards Board.
       (ii) Members of the Board of Advisors.
       (iii) Members of the Architectural and Transportation 
     Barrier Compliance Board under section 502 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 792).
       (B) A representative of the American National Standards 
     Institute.
       (C) Other individuals with technical and scientific 
     expertise relating to voting systems and voting equipment.
       (2) Quorum.--A majority of the members of the Development 
     Committee shall constitute a quorum, except that the 
     Development Committee may not conduct any business prior to 
     the appointment of all of its members.
       (d) No Compensation for Service.--Members of the 
     Development Committee shall not receive any compensation for 
     their service, but shall be paid travel expenses, including 
     per diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Development Committee.
       (e) Technical Support From National Institute of Standards 
     and Technology.--At the request of the Development Committee, 
     the Director of the National Institute of Standards and 
     Technology shall provide the Development Committee with 
     technical support necessary for the Development Committee to 
     carry out its duties under this subtitle.
       (f) Publication of Recommendations in Federal Register.--At 
     the time the Commission adopts any standard pursuant to 
     section 223, the Development Committee shall cause to have 
     published in the Federal Register the recommendations it 
     provided under this section to the Executive Director of the 
     Commission concerning the standard adopted.

     SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STANDARDS.

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

     SEC. 224. CERTIFICATION AND TESTING OF VOTING SYSTEMS.

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

[[Page H9270]]

     SEC. 225. DISSEMINATION OF INFORMATION.

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

                    Subtitle C--Election Assistance

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

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

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

     SEC. 232. ALLOCATION OF FUNDS.

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

     SEC. 233. CONDITIONS FOR RECEIPT OF FUNDS.

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

     SEC. 234. AUTHORIZATION OF APPROPRIATIONS.

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

     PART 2--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

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

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

     SEC. 242. REPORT.

       (a) In General.--Each entity which receives a grant under 
     this part shall submit to the Commission, Congress, and the 
     President a report describing the activities carried out with 
     the funds provided under the grant.
       (b) Deadline.--An entity shall submit a report required 
     under subsection (a) not later

[[Page H9271]]

     than 60 days after the end of the fiscal year for which the 
     entity received the grant which is the subject of the report.

     SEC. 243. AUTHORIZATION OF APPROPRIATIONS.

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

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

     SEC. 251. PILOT PROGRAM.

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

     SEC. 252. REPORT.

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

     SEC. 253. AUTHORIZATION OF APPROPRIATIONS.

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

                         PART 4--MISCELLANEOUS

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

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

     SEC. 262. REPORTS.

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

     SEC. 263. AUDIT.

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

              TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM

     SEC. 301. ESTABLISHMENT OF PROGRAM.

       (a) In General.--Not later than 1 year after the 
     appointment of its members, the Election Assistance 
     Commission shall develop a program to be known as the ``Help 
     America Vote College Program'' (hereafter in this title 
     referred to as the ``Program'').
       (b) Purposes of Program.--The purpose of the Program shall 
     be--
       (1) to encourage students enrolled at institutions of 
     higher education (including community colleges) to assist 
     State and local governments in the administration of 
     elections by serving as nonpartisan poll workers or 
     assistants; and
       (2) to encourage State and local governments to use the 
     services of the students participating in the Program.

     SEC. 302. ACTIVITIES UNDER PROGRAM.

       (a) In General.--In carrying out the Program, the 
     Commission (in consultation with the chief election official 
     of each State) shall develop materials, sponsor seminars and 
     workshops, engage in advertising targeted at students, make 
     grants, and take such other actions as it considers 
     appropriate to meet the purposes described in section 301(b).
       (b) Requirements for Grant Recipients.--In making grants 
     under the Program, the Commission shall ensure that the funds 
     provided are spent for projects and activities which are 
     carried out without partisan bias or without promoting any 
     particular point of view regarding any issue, and that each 
     recipient is governed in a balanced manner which does not 
     reflect any partisan bias.
       (c) Coordination With Institutions of Higher Education.--
     The Commission shall encourage institutions of higher 
     education (including community colleges) to participate in 
     the Program, and shall make all necessary materials and other 
     assistance (including materials and assistance to enable the 
     institution to hold workshops and poll worker training 
     sessions) available without charge to any institution which 
     desires to participate in the Program.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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

                 TITLE IV--HELP AMERICA VOTE FOUNDATION

     SEC. 401. HELP AMERICA VOTE FOUNDATION.

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

              ``CHAPTER 1526--HELP AMERICA VOTE FOUNDATION

``Sec.
``152601. Organization.
``152602. Purposes.
``152603. Board of directors.
``152604. Officers and employees.
``152605. Powers.
``152606. Principal office.
``152607. Service of process.
``152608. Annual audit.
``152609. Civil action by Attorney General for equitable relief.
``152610. Immunity of United States Government.
``152611. Authorization of appropriations.
``152612. Annual report.

     ``Sec. 152601. Organization

       ``(a) Federal Charter.--The Help America Vote Foundation 
     (in this chapter, the `foundation') is a federally chartered 
     corporation.
       ``(b) Nature of Foundation.--The foundation is a charitable 
     and nonprofit corporation and is not an agency or 
     establishment of the United States Government.
       ``(c) Perpetual Existence.--Except as otherwise provided, 
     the foundation has perpetual existence.

     ``Sec. 152602. Purposes

       ``(a) In General.--The purposes of the foundation are to--
       ``(1) mobilize secondary school students (including 
     students educated in the home) in the United States to 
     participate in the election process in a nonpartisan manner 
     as poll workers or assistants;
       ``(2) place secondary school students (including students 
     educated in the home) as nonpartisan poll workers or 
     assistants to local election officials in precinct polling 
     places across the United States; and
       ``(3) establish cooperative efforts with State and local 
     election officials, local educational agencies, 
     superintendents and principals of public and private 
     secondary

[[Page H9272]]

     schools, and other appropriate nonprofit charitable and 
     educational organizations exempt from taxation under section 
     501(a) of the Internal Revenue Code of 1986 as an 
     organization described in section 501(c)(3) of such Code to 
     further the purposes of the foundation.
       ``(b) Requiring Activities to be Carried Out on Nonpartisan 
     Basis.--The foundation shall carry out its purposes without 
     partisan bias or without promoting any particular point of 
     view regarding any issue, and shall ensure that each 
     participant in its activities is governed in a balanced 
     manner which does not reflect any partisan bias.
       ``(c) Consultation With State Election Officials.--The 
     foundation shall carry out its purposes under this section in 
     consultation with the chief election officials of the States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, American Samoa, and the United States Virgin Islands.

     ``Sec. 152603. Board of directors

       ``(a) General.--The board of directors is the governing 
     body of the foundation.
       ``(b) Members and Appointment.--(1) The board consists of 
     12 directors, who shall be appointed not later than 60 days 
     after the date of the enactment of this chapter as follows:
       ``(A) 4 directors (of whom not more than 2 may be members 
     of the same political party) shall be appointed by the 
     President.
       ``(B) 2 directors shall be appointed by the Speaker of the 
     House of Representatives.
       ``(C) 2 directors shall be appointed by the minority leader 
     of the House of Representatives.
       ``(D) 2 directors shall be appointed by the majority leader 
     of the Senate.
       ``(E) 2 directors shall be appointed by the minority leader 
     of the Senate.
       ``(2) In addition to the directors described in paragraph 
     (1), the chair and ranking minority member of the Committee 
     on House Administration of the House of Representatives (or 
     their designees) and the chair and ranking minority member of 
     the Committee on Rules and Administration of the Senate (or 
     their designees) shall each serve as an ex officio nonvoting 
     member of the board.
       ``(3) A director is not an employee of the Federal 
     government and appointment to the board does not constitute 
     appointment as an officer or employee of the United States 
     Government for the purpose of any law of the United States 
     (except as may otherwise be provided in this chapter).
       ``(4) The terms of office of the directors are 4 years.
       ``(5) A vacancy on the board shall be filled in the manner 
     in which the original appointment was made.
       ``(c) Chair.--The directors shall select one of the 
     directors as the chair of the board. The individual selected 
     may not be a current or former holder of any partisan elected 
     office or a current or former officer of any national 
     committee of a political party.
       ``(d) Quorum.--The number of directors constituting a 
     quorum of the board shall be established under the bylaws of 
     the foundation.
       ``(e) Meetings.--The board shall meet at the call of the 
     chair of the board for regularly scheduled meetings, except 
     that the board shall meet not less often than annually.
       ``(f) Reimbursement of Expenses.--Directors shall serve 
     without compensation but may receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5.
       ``(g) Liability of Directors.--Directors are not personally 
     liable, except for gross negligence.

     ``Sec. 152604. Officers and employees

       ``(a) Appointment of Officers and Employees.--The board of 
     directors appoints, removes, and replaces officers and 
     employees of the foundation.
       ``(b) Status and Compensation of Employees.--
       ``(1) In general.--Officers and employees of the 
     foundation--
       ``(A) are not employees of the Federal government (except 
     as may otherwise be provided in this chapter);
       ``(B) shall be appointed and removed without regard to the 
     provisions of title 5 governing appointments in the 
     competitive service; and
       ``(C) may be paid without regard to chapter 51 and 
     subchapter III of chapter 53 of title 5.
       ``(2) Availability of federal employee rates for travel.--
     For purposes of any schedules of rates negotiated by the 
     Administrator of General Services for the use of employees of 
     the Federal government who travel on official business, 
     officers and employees of the foundation who travel while 
     engaged in the performance of their duties under this chapter 
     shall be deemed to be employees of the Federal government.

     ``Sec. 152605. Powers

       ``(a) General.--The foundation may--
       ``(1) adopt a constitution and bylaws;
       ``(2) adopt a seal which shall be judicially noticed; and
       ``(3) do any other act necessary to carry out this chapter.
       ``(b) Powers as Trustee.--To carry out its purposes, the 
     foundation has the usual powers of a corporation acting as a 
     trustee in the District of Columbia, including the power--
       ``(1) to accept, receive, solicit, hold, administer, and 
     use any gift, devise, or bequest, either absolutely or in 
     trust, of property or any income from or other interest in 
     property;
       ``(2) to acquire property or an interest in property by 
     purchase or exchange;
       ``(3) unless otherwise required by an instrument of 
     transfer, to sell, donate, lease, invest, or otherwise 
     dispose of any property or income from property;
       ``(4) to borrow money and issue instruments of 
     indebtedness;
       ``(5) to make contracts and other arrangements with public 
     agencies and private organizations and persons and to make 
     payments necessary to carry out its functions;
       ``(6) to sue and be sued; and
       ``(7) to do any other act necessary and proper to carry out 
     the purposes of the foundation.
       ``(c) Encumbered or Restricted Gifts.--A gift, devise, or 
     bequest may be accepted by the foundation even though it is 
     encumbered, restricted, or subject to beneficial interests of 
     private persons, if any current or future interest is for the 
     benefit of the foundation.
       ``(d) Contracts.--The foundation may enter into such 
     contracts with public and private entities as it considers 
     appropriate to carry out its purposes.
       ``(e) Annual Conference in Washington Metropolitan Area.--
     During each year (beginning with 2003), the foundation may 
     sponsor a conference in the Washington, D.C., metropolitan 
     area to honor secondary school students and other individuals 
     who have served (or plan to serve) as poll workers and 
     assistants and who have otherwise participated in the 
     programs and activities of the foundation.

     ``Sec. 152606. Principal office

       ``The principal office of the foundation shall be in the 
     District of Columbia unless the board of directors determines 
     otherwise. However, the foundation may conduct business 
     throughout the States, territories, and possessions of the 
     United States.

     ``Sec. 152607. Service of process

       ``The foundation shall have a designated agent to receive 
     service of process for the foundation. Notice to or service 
     on the agent, or mailed to the business address of the agent, 
     is notice to or service on the foundation.

     ``Sec. 152608. Annual audit

       ``The foundation shall enter into a contract with an 
     independent auditor to conduct an annual audit of the 
     foundation.

     ``Sec. 152609. Civil action by Attorney General for equitable 
       relief

       ``The Attorney General may bring a civil action in the 
     United States District Court for the District of Columbia for 
     appropriate equitable relief if the foundation--
       ``(1) engages or threatens to engage in any act, practice, 
     or policy that is inconsistent with the purposes in section 
     152602 of this title; or
       ``(2) refuses, fails, or neglects to carry out its 
     obligations under this chapter or threatens to do so.

     ``Sec. 152610. Immunity of United States Government

       ``The United States Government is not liable for any debts, 
     defaults, acts, or omissions of the foundation. The full 
     faith and credit of the Government does not extend to any 
     obligation of the foundation.

     ``Sec. 152611. Authorization of appropriations

       ``There are authorized to be appropriated to the foundation 
     for carrying out the purposes of this chapter--
       ``(1) $5,000,000 for fiscal year 2002; and
       ``(2) such sums as may be necessary for each succeeding 
     fiscal year.

     ``Sec. 152612. Annual report

       ``As soon as practicable after the end of each fiscal year, 
     the foundation shall submit a report to the Commission, the 
     President, and Congress on the activities of the foundation 
     during the prior fiscal year, including a complete statement 
     of its receipts, expenditures, and investments. Such report 
     shall contain information gathered from participating 
     secondary school students describing the nature of the work 
     they performed in assisting local election officials and the 
     value they derived from the experience of educating 
     participants about the electoral process.''.
       (b) Clerical Amendment.--The table of chapters for part B 
     of subtitle II of title 36, United States Code, is amended by 
     inserting after the item relating to chapter 1523 the 
     following new item:

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

         TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS

     SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS.

       (a) In General.--The chief State election official of each 
     State shall certify in writing to the Election Assistance 
     Commission that--
       (1) in administering election systems, the State is in 
     compliance with the existing applicable requirements of the 
     Voting Rights Act of 1965, the National Voter Registration 
     Act of 1993, the Uniformed and Overseas Citizens Absentee 
     Voting Act, the Voting Accessibility for the Elderly and 
     Handicapped Act, and the Americans With Disabilities Act of 
     1990; and
       (2) the State has enacted legislation to enable the State 
     to meet each of the minimum standards for State election 
     systems described in section 502.
       (b) Methods of Implementation Left to Discretion of 
     State.--The specific choices on the methods of implementing 
     the legislation enacted pursuant to subsection (a)(2) shall 
     be left to the discretion of the State.

[[Page H9273]]

       (c) Chief State Election Official Defined.--In this title, 
     the ``chief State election official'' of a State is the 
     individual designated by the State under section 10 of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) 
     to be responsible for coordination of the State's 
     responsibilities under such Act.

     SEC. 502. STANDARDS DESCRIBED.

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

     SEC. 503. ENFORCEMENT.

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

     SEC. 504. EFFECTIVE DATE.

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

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

     SEC. 601. VOTING ASSISTANCE PROGRAMS.

       (a) In General.--(1) Chapter 80 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1566. Voting assistance: compliance assessments; 
       assistance

       ``(a) Regulations.--The Secretary of Defense shall 
     prescribe regulations to require that the Army, Navy, Air 
     Force, and Marine Corps ensure their compliance with any 
     directives issued by the Secretary of Defense in implementing 
     any voting assistance program.
       ``(b) Voting Assistance Programs Defined.--In this section, 
     the term `voting assistance programs' means--
       ``(1) the Federal Voting Assistance Program carried out 
     under the Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.); and
       ``(2) any similar program.
       ``(c) Annual Effectiveness and Compliance Reviews.--(1) The 
     Inspector General of each of the Army, Navy, Air Force, and 
     Marine Corps shall conduct--
       ``(A) an annual review of the effectiveness of voting 
     assistance programs; and
       ``(B) an annual review of the compliance with voting 
     assistance programs of that armed force.
       ``(2) Upon the completion of each annual review under 
     paragraph (1), each Inspector General specified in that 
     paragraph shall submit to the Inspector General of the 
     Department of Defense a report on the results of each such 
     review. Such report shall be submitted in time each year to 
     be reflected in the report of the Inspector General of the 
     Department of Defense under paragraph (3).
       ``(3) Not later than March 31 each year, the Inspector 
     General of the Department of Defense shall submit to Congress 
     a report on--
       ``(A) the effectiveness during the preceding calendar year 
     of voting assistance programs; and
       ``(B) the level of compliance during the preceding calendar 
     year with voting assistance programs of each of the Army, 
     Navy, Air Force, and Marine Corps.
       ``(d) Inspector General Assessments.--(1) The Inspector 
     General of the Department of Defense shall periodically 
     conduct at Department of Defense installations unannounced 
     assessments of the compliance at those installations with--
       ``(A) the requirements of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);
       ``(B) Department of Defense regulations regarding that Act 
     and the Federal Voting Assistance Program carried out under 
     that Act; and
       ``(C) other requirements of law regarding voting by members 
     of the armed forces.
       ``(2) The Inspector General shall conduct an assessment 
     under paragraph (1) at not less than 10 Department of Defense 
     installations each calendar year.
       ``(3) Each assessment under paragraph (1) shall include a 
     review of such compliance--
       ``(A) within units to which are assigned, in the aggregate, 
     not less than 20 percent of the personnel assigned to duty at 
     that installation;
       ``(B) within a representative survey of members of the 
     armed forces assigned to that installation and their 
     dependents; and
       ``(C) within unit voting assistance officers to measure 
     program effectiveness.
       ``(e) Regular Military Department Assessments.--The 
     Secretary of each military department shall include in the 
     set of issues and programs to be reviewed during any 
     management effectiveness review or inspection at the 
     installation level an assessment of compliance with the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff et seq.) and with Department of Defense 
     regulations regarding the Federal Voting Assistance Program.
       ``(f) Voting Assistance Officers.--(1) Voting assistance 
     officers shall be appointed or assigned under Department of 
     Defense regulations. Commanders at all levels are responsible 
     for ensuring that unit voting officers are trained and 
     equipped to provide information and assistance to members of 
     the armed forces on voting matters. Performance evaluation 
     reports pertaining to a member who has been assigned to serve 
     as a voting assistance officer shall comment on the 
     performance of the member as a voting assistance officer. The 
     Secretary of each military department shall certify to 
     Congress that (at a minimum) a voting assistance officer has 
     been appointed or assigned for each military installation and 
     major command under the jurisdiction of the department and 
     that a replacement will be appointed if the original officer 
     is no longer able to serve.
       ``(2) Under regulations and procedures prescribed by the 
     Secretary, a member of the armed forces appointed or assigned 
     to duty as a voting assistance officer shall, to the maximum 
     extent practicable, be given the time and resources needed to 
     perform the member's duties as a voting assistance officer 
     during the period in advance of a general election when 
     members and their dependents are preparing and submitting 
     absentee ballots.
       ``(3) As part of each assessment prepared by the Secretary 
     of a military department under subsection (e), the Secretary 
     shall--
       ``(A) specify the number of members of the armed forces 
     under the jurisdiction of the Secretary who are appointed or 
     assigned to duty as voting assistance officers;
       ``(B) specify the ratio of voting assistance officers to 
     active duty members of the armed forces under the 
     jurisdiction of the Secretary;
       ``(C) indicate whether this number and ratio comply with 
     the requirements of the Federal Voting Assistance Program; 
     and

[[Page H9274]]

       ``(D) describe the training such members receive to perform 
     their duties as voting assistance officers.
       ``(g) Registration and Voting Information for Members and 
     Dependents.--(1) The Secretary of each military department, 
     using a variety of means including both print and electronic 
     media, shall, to the maximum extent practicable, ensure that 
     members of the armed forces and their dependents who are 
     qualified to vote have ready access to information regarding 
     voter registration requirements and deadlines (including 
     voter registration), absentee ballot application requirements 
     and deadlines, and the availability of voting assistance 
     officers to assist members and dependents to understand and 
     comply with these requirements.
       ``(2) The Secretary of each military department shall make 
     the national voter registration form prepared for purposes of 
     the Uniformed and Overseas Citizens Absentee Voting Act by 
     the Federal Election Commission available so that each person 
     who enlists, reenlists, or voluntarily extends an enlistment 
     or who completes a permanent change of station in an active 
     or reserve component of the Army, Navy, Air Force, or Marine 
     Corps shall receive such form at the time of the enlistment, 
     reenlistment, extension, or completion of the permanent 
     change of station, or as soon thereafter as practicable.
       ``(3) Where practicable, a special day or days shall be 
     designated at each military installation for the purpose of 
     informing members of the armed forces and their dependents of 
     election timing, registration requirements, and voting 
     procedures.
       ``(h) Delivery of Mail From Overseas Preceding Federal 
     Elections.--(1) During the four months preceding a general 
     Federal election month, the Secretary of Defense shall 
     periodically conduct surveys of all overseas locations and 
     vessels at sea with military units responsible for collecting 
     mail for return shipment to the United States and all port 
     facilities in the United States and overseas where military-
     related mail is collected for shipment to overseas locations 
     or to the United States. The purpose of each survey shall be 
     to determine if voting materials are awaiting shipment at any 
     such location and, if so, the length of time that such 
     materials have been held at that location. During the fourth 
     and third months before a general Federal election month, 
     such surveys shall be conducted biweekly. During the second 
     and first months before a general Federal election month, 
     such surveys shall be conducted weekly.
       ``(2) The Secretary shall ensure that voting materials are 
     transmitted expeditiously by military postal authorities at 
     all times. The Secretary shall, to the maximum extent 
     practicable, implement measures to ensure that a postmark or 
     other official proof of mailing date is provided on each 
     absentee ballot collected at any overseas location or vessel 
     at sea whenever the Department of Defense is responsible for 
     collecting mail for return shipment to the United States. The 
     Secretary shall submit to Congress a report describing the 
     measures to be implemented to ensure the timely transmittal 
     and postmarking of voting materials and identifying the 
     persons responsible for implementing such measures.
       ``(3) The Secretary of each military department, utilizing 
     the voting assistance officer network established for each 
     military installation, shall, to the maximum extent 
     practicable, provide notice to members of the armed forces 
     stationed at that installation of the last date before a 
     general Federal election for which absentee ballots mailed 
     from a postal facility located at that installation can 
     reasonably be expected to be timely delivered to the 
     appropriate State and local election officials.
       ``(4) In this section, the term `general Federal election 
     month' means November in an even-numbered year.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``1566. Voting assistance: compliance assessments; assistance.''.

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

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

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

     SEC. 603. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED 
                   AFTER GENERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 602, is amended by adding at the end the following 
     new subsection:
       ``(c) Report on Number of Absentee Ballots Transmitted and 
     Received.--Not later than 90 days after the date of each 
     regularly scheduled general election for Federal office, each 
     State and unit of local government which administered the 
     election shall (through the State, in the case of a unit of 
     local government) submit a report to the Election Assistance 
     Commission (established under the Help America Vote Act of 
     2001) on the number of absentee ballots transmitted to absent 
     uniformed services voters and overseas voters for the 
     election and the number of such ballots which were returned 
     by such voters and cast in the election, and shall make such 
     report available to the general public.''.
       (b) Development of Standardized Format for Reports.--The 
     Election Assistance Commission, working with the Election 
     Assistance Commission Board of Advisors and the Election 
     Assistance Commission Standards Board, shall develop a 
     standardized format for the reports submitted by States and 
     units of local government under section 102(c) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (as added 
     by subsection (a)), and shall make the format available to 
     the States and units of local government submitting such 
     reports.

     SEC. 604. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE 
                   BALLOT APPLICATION PROCEDURES FOR ABSENT 
                   UNIFORMED SERVICES AND OVERSEAS VOTERS.

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

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

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

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

       (a) Educating Election Officials on Responsibilities Under 
     Act.--Section 101(b)(1)

[[Page H9275]]

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

      TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL

     SEC. 701. REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL.

       (a) In General.--Section 3629 of title 39, United States 
     Code, is amended to read as follows:

     ``Sec. 3629. Reduced rates for official election mail

       ``(a) Notwithstanding any other provision of this title, 
     the rate of postage for any first-class mail matter shall, in 
     the case of official election mail, be equal to 50 percent of 
     the regular first-class rate, subject to subsection (c).
       ``(b) For purposes of this section, the term `official 
     election mail' means any mailing by a State or local election 
     official that--
       ``(1) is mailed in the course of official business;
       ``(2) consists of voter registration or election 
     information or assistance prepared and mailed in a 
     nonpartisan manner; and
       ``(3) bears such logo or other markings as the Postal 
     Service may require.
     Such term does not include any mailing that includes any mail 
     matter intended to promote government action unrelated to the 
     conduct of an election.
       ``(c) Nothing in this section shall, with respect to any 
     official election mail, be considered to make unavailable--
       ``(1) any free mailing privilege under section 3406 or any 
     other provision of law for which such mail otherwise 
     qualifies; or
       ``(2) any reduced rate of postage under section 3626 or any 
     other provision of law for which such mail otherwise 
     qualifies, if lower than the rate that would otherwise apply 
     under subsection (a).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     36 of title 39, United States Code, is amended by striking 
     the item relating to section 3629 and inserting the 
     following:

``3629. Reduced rates for official election mail.''.

                   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 the 
     Election Administration, established within the Federal 
     Election Commission, exercised before the date of enactment 
     of this Act.
       (b) Conforming Amendment.--Section 311(a) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
       (1) in paragraph (8), by inserting ``and'' at the end;
       (2) in paragraph (9), by striking ``; and'' and inserting a 
     period; and
       (3) by striking paragraph (10) and the second and third 
     sentences.

     SEC. 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 the National Voter Registration Act of 1993 before the 
     date of enactment of this Act.
       (b) Conforming Amendment.--Section 9(a) of the National 
     Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is 
     amended by striking ``Federal Election Commission'' and 
     inserting ``Election Assistance Commission''.

     SEC. 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.

   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. MISCELLANEOUS PROVISIONS TO PROTECT INTEGRITY OF 
                   ELECTION PROCESS.

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

     SEC. 903. NO EFFECT ON OTHER LAWS.

       (a) In General.--Nothing in this Act and no action taken 
     pursuant to this Act shall supersede, restrict, or limit the 
     application of the Voting Rights Act of 1965, the National 
     Voter Registration Act of 1993, the

[[Page H9276]]

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

  The SPEAKER pro tempore. The amendment printed in the bill, modified 
by the amendment printed in House Report 107-331, is adopted.
  The text of H.R. 3295, as amended, as modified, is as follows:

                               H.R. 3295

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                  TITLE I--PUNCH CARD VOTING MACHINES

                  Subtitle A--Replacement of Machines

Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.

         Subtitle B--Enhancing Performance of Existing Systems

Sec. 111. Establishment of program.
Sec. 112. Eligibility.
Sec. 113. Amount of payment.
Sec. 114. Audit and repayment of funds.

                     Subtitle C--General Provisions

Sec. 121. Authorization of appropriations.
Sec. 122. Punch card voting system defined.

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 Part 1--Election Assistance Commission

Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Limitation on rulemaking authority.
Sec. 207. Authorization of appropriations.

  Part 2--Election Assistance Commission Standards Board and Board of 
                                Advisors

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

                Subtitle B--Voluntary Election Standards

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

                    Subtitle C--Election Assistance

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

Sec. 231. Election fund payments to States for voting system 
              improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.
Sec. 235. Reports

     Part 2--Grants for Research on Voting Technology Improvements

Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.

     Part 3--Pilot Program for Testing of Equipment and Technology

Sec. 251. Pilot program.
Sec. 252. Report.
Sec. 253. Authorization of appropriations.

                         Part 4--Miscellaneous

Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.

              TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM

Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.

                 TITLE IV--HELP AMERICA VOTE FOUNDATION

Sec. 401. Help America Vote Foundation.

         TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS

Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.

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

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

                    TITLE VII--TRANSITION PROVISIONS

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

Sec. 701. Federal Election Campaign Act of 1971.
Sec. 702. National Voter Registration Act of 1993.
Sec. 703. Transfer of property, records, and personnel.
Sec. 704. Effective date; transition.

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

Sec. 711. Treatment of Commission personnel under certain civil service 
              laws.
Sec. 712. Coverage under Inspector General Act of 1978.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

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

                  TITLE I--PUNCH CARD VOTING MACHINES

                  Subtitle A--Replacement of Machines

     SEC. 101. ESTABLISHMENT OF PROGRAM.

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

     SEC. 102. ELIGIBILITY.

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

[[Page H9277]]

       (1) not later than the date of the regularly scheduled 
     general election for Federal office to be held in November 
     2002, a statement of its intent to participate in the 
     program, including assurances that the State in which the 
     unit is located--
       (A) failed to submit an application under subsection (a) 
     within the deadline specified under such subsection,
       (B) is otherwise not eligible to receive a payment under 
     the program, or
       (C) will not use the payment to replace punch card voting 
     systems in the unit; and
       (2) an application (at such time and in such form as the 
     Administrator may require) which contains similar assurances 
     to those required to be provided by a State in its 
     application under subsection (a).

     SEC. 103. AMOUNT OF PAYMENT.

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

     SEC. 104. AUDIT AND REPAYMENT OF FUNDS.

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

     SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.

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

         Subtitle B--Enhancing Performance of Existing Systems

     SEC. 111. ESTABLISHMENT OF PROGRAM.

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

     SEC. 112. ELIGIBILITY.

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

     SEC. 113. AMOUNT OF PAYMENT.

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

     SEC. 114. AUDIT AND REPAYMENT OF FUNDS.

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

                     Subtitle C--General Provisions

     SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 122. PUNCH CARD VOTING SYSTEM DEFINED.

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

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 PART 1--ELECTION ASSISTANCE COMMISSION

     SEC. 201. ESTABLISHMENT.

       There is hereby established as an independent entity in the 
     executive branch the Election Assistance Commission 
     (hereafter in this title referred to as the ``Commission''), 
     consisting of

[[Page H9278]]

     the members appointed under this part. Additionally, there is 
     established the Election Assistance Commission Standards 
     Board (including the Executive Board of such Board) under 
     part 2 and the Election Assistance Commission Board of 
     Advisors under part 2.

     SEC. 202. DUTIES.

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

     SEC. 203. MEMBERSHIP AND APPOINTMENT.

       (a) Membership.--
       (1) In general.--The Commission shall have 4 members 
     appointed by the President, by and with the consent of the 
     Senate, of whom--
       (A) 1 shall be appointed from among a list of nominees 
     submitted by the majority leader of the Senate;
       (B) 1 shall be appointed from among a list of nominees 
     submitted by the minority leader of the Senate;
       (C) 1 shall be appointed from among a list of nominees 
     submitted by the Speaker of the House of Representatives; and
       (D) 1 shall be appointed from among a list of nominees 
     submitted by the minority leader of the House of 
     Representatives.
       (2) Qualifications.--Each member of the Commission shall 
     have experience with or expertise in election administration 
     or the study of elections, except that no individual may 
     serve as a member of the Commission if the individual is an 
     officer or employee of the Federal Government at any time 
     during the period of service on the Commission.
       (3) Date of appointment.--The appointments of the members 
     of the Commission shall be made not later than 30 days after 
     the date of enactment of this Act.
       (b) Term of Service.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), members shall serve for a term of 4 years and may be 
     reappointed for not more than one additional term.
       (2) Terms of initial appointees.--As designated by the 
     President at the time of appointment, of the members first 
     appointed--
       (A) 2 of the members (not more than 1 of whom may be 
     affiliated with the same political party) shall be appointed 
     for a term of 2 years; and
       (B) 2 of the members (not more than 1 of whom may be 
     affiliated with the same political party) shall be appointed 
     for a term of 4 years.
       (3) Vacancies.--
       (A) In general.--A vacancy on the Commission shall be 
     filled in the manner in which the original appointment was 
     made and shall be subject to any conditions which applied 
     with respect to the original appointment.
       (B) Expired terms.--A member of the Commission may serve on 
     the Commission after the expiration of the member's term 
     until the successor of such member has taken office as a 
     member of the Commission.
       (C) Unexpired terms.--An individual chosen to fill a 
     vacancy shall be appointed for the unexpired term of the 
     member replaced.
       (c) Chair and Vice Chair.--The Commission shall select a 
     chair and vice chair from among its members for a term of 1 
     year, except that the chair and vice chair may not be 
     affiliated with the same political party.
       (d) Compensation.--
       (1) In general.--Members of the Commission shall each be 
     paid at an annual rate equal to $30,000.
       (2) Travel expenses.--Members of the Commission shall each 
     receive travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Outside employment permitted.--A member of the 
     Commission may hold any other office or employment not 
     inconsistent or in conflict with the member's duties, 
     responsibilities, and powers as a member of the Commission.

     SEC. 204. STAFF.

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

     SEC. 205. POWERS.

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

     SEC. 206. LIMITATION ON RULEMAKING AUTHORITY.

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

     SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

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

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

     SEC. 211. ESTABLISHMENT.

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

     SEC. 212. DUTIES.

       The Standards Board and the Board of Advisors shall each, 
     in accordance with the procedures described in section 223, 
     review any of the

[[Page H9279]]

     voluntary engineering and procedural performance standards 
     described in section 221(a)(1), any of the voluntary 
     standards described in section 221(a)(4), and any of the 
     voluntary election management practice standards described in 
     section 221(a)(6) (and any modifications to such standards) 
     which are recommended by the Commission under subtitle B.

     SEC. 213. MEMBERSHIP OF STANDARDS BOARD.

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

     SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.

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

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

       (a) Hearings and Sessions.--
       (1) In general.--To the extent that funds are made 
     available by the Commission, the Standards Board (acting 
     through the Executive Board) and the Board of Advisors may 
     each hold such hearings for the purpose of carrying out this 
     Act, sit and act at such times and places, take such 
     testimony, and receive such evidence as each such Board 
     considers advisable to carry out this title, except that the 
     Boards may not issue subpoenas requiring the attendance and 
     testimony of witnesses or the production of any evidence.
       (2) Meetings.--The Standards Board and the Board of 
     Advisors shall each hold a meeting of its members--
       (A) not less frequently than once every year for purposes 
     of voting on the standards referred to it under section 223;
       (B) in the case of the Standards Board, not less frequently 
     than once every 2 years for purposes of selecting the 
     Executive Board; and
       (C) at such other times as it considers appropriate for 
     purposes of conducting such other business as it considers 
     appropriate consistent with this title.
       (b) Information From Federal Agencies.--The Standards Board 
     and the Board of Advisors may each secure directly from any 
     Federal department or agency such information as the Board 
     considers necessary to carry out this Act. Upon request of 
     the Executive Board (in the case of the Standards Board) or 
     the Chair (in the case of the Board of Advisors), the head of 
     such department or agency shall furnish such information to 
     the Board.
       (c) Postal Services.--The Standards Board and the Board of 
     Advisors may use the United States mails in the same manner 
     and under the same conditions as a department or agency of 
     the Federal Government.
       (d) Administrative Support Services.--Upon the request of 
     the Executive Board (in the case of the Standards Board) or 
     the Chair (in the case of the Board of Advisors), the 
     Administrator of the General Services Administration shall 
     provide to the Board, on a reimbursable basis, the 
     administrative support services that are necessary to enable 
     the Board to carry out its duties under this title.
       (e) No Compensation for Service.--Members of the Standards 
     Board and members of the Board of Advisors shall not receive 
     any compensation for their service, but shall be paid travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Board.

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

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

                Subtitle B--Voluntary Election Standards

     SEC. 221. DEVELOPMENT OF VOLUNTARY ELECTION STANDARDS.

       (a) In General.--The Commission shall:
       (1) In accordance with section 223, develop (through the 
     Executive Director of the Commission), adopt, and update (not 
     less often than every 4 years thereafter) voluntary 
     engineering and procedural performance standards for voting 
     systems used in Federal elections which shall meet the 
     following requirements:
       (A) The scope of the standards should include security 
     (including a documentary audit for non-ballot systems), the 
     procedures for certification and decertification of software 
     and hardware, the assessment of usability, and operational 
     guidelines for the proper use and maintenance of equipment.
       (B) The standards should provide that voters have the 
     opportunity to correct errors at the precinct or other 
     polling place, either within the voting equipment itself or 
     in the operational guidelines to administrators for using the 
     equipment, under conditions which assure privacy to the 
     voter.
       (C) Each voting tally system certified for use should 
     include as part of the certification a proposed statement of 
     what constitutes a proper vote in the design and operation of 
     the system.

[[Page H9280]]

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

     SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COMMITTEE.

       (a) Establishment.--There is hereby established the 
     Technical Standards Development Committee (hereafter in this 
     subtitle referred to as the ``Development Committee'').
       (b) Duties.--
       (1) In general.--The Development Committee shall assist the 
     Executive Director of the Commission in the development of 
     voluntary standards under this subtitle by recommending 
     standards (and modifications to standards) to ensure the 
     usability, accuracy, security, accessibility, and integrity 
     of voting systems and voting equipment.
       (2) Deadline for initial set of recommendations.--The 
     Development Committee shall provide its first set of 
     recommendations under this section to the Executive Director 
     of the Commission not later than 9 months after all of its 
     members have been appointed.
       (c) Membership.--
       (1) In general.--The Development Committee shall be 
     composed of the Director of the National Institute of 
     Standards and Technology (who shall serve as its chair), 
     together with a group of 14 other individuals appointed 
     jointly by the Commission and the Director of the National 
     Institute of Standards and Technology, consisting of the 
     following:
       (A) An equal number of each of the following:
       (i) Members of the Standards Board.
       (ii) Members of the Board of Advisors.
       (iii) Members of the Architectural and Transportation 
     Barrier Compliance Board under section 502 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 792).
       (B) A representative of the American National Standards 
     Institute.
       (C) Other individuals with technical and scientific 
     expertise relating to voting systems and voting equipment.
       (2) Quorum.--A majority of the members of the Development 
     Committee shall constitute a quorum, except that the 
     Development Committee may not conduct any business prior to 
     the appointment of all of its members.
       (d) No Compensation for Service.--Members of the 
     Development Committee shall not receive any compensation for 
     their service, but shall be paid travel expenses, including 
     per diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Development Committee.
       (e) Technical Support From National Institute of Standards 
     and Technology.--At the request of the Development Committee, 
     the Director of the National Institute of Standards and 
     Technology shall provide the Development Committee with 
     technical support necessary for the Development Committee to 
     carry out its duties under this subtitle.
       (f) Publication of Recommendations in Federal Register.--At 
     the time the Commission adopts any standard pursuant to 
     section 223, the Development Committee shall cause to have 
     published in the Federal Register the recommendations it 
     provided under this section to the Executive Director of the 
     Commission concerning the standard adopted.

[[Page H9281]]

     SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STANDARDS.

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

     SEC. 224. CERTIFICATION AND TESTING OF VOTING SYSTEMS.

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

     SEC. 225. DISSEMINATION OF INFORMATION.

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

                    Subtitle C--Election Assistance

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

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

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

     SEC. 232. ALLOCATION OF FUNDS.

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

     SEC. 233. CONDITIONS FOR RECEIPT OF FUNDS.

       (a) In General.--In order to receive an Election Fund 
     payment for a fiscal year, the chief State election official 
     of the State shall provide the Commission with the following 
     certifications:
       (1) A certification that the State has authorized and 
     appropriated funds for carrying out the activities for which 
     the Election Fund payment is made in an amount equal to 25 
     percent of the total amount to be spent for such activities 
     (taking into account the Election Fund payment and the amount 
     spent by the State).
       (2) A certification that the State has set a uniform 
     Statewide benchmark for voting system performance in each 
     local jurisdiction administering elections, expressed as a 
     percentage of residual vote in the contest at the top of the 
     ballot, and requires local jurisdictions to report data 
     relevant to this benchmark after each general election for 
     Federal office.
       (3) A certification that the State is in compliance with 
     the voluntary voting system standards and certification 
     processes adopted by the Commission or that the State has 
     enacted legislation establishing its own State voting system 
     standards and processes which (at a minimum) ensure that new 
     voting mechanisms have the audit capacity to produce a record 
     for each ballot cast.
       (4) A certification that--
       (A) in each precinct or polling place in the State, there 
     is at least one voting system available which is fully 
     accessible to individuals with physical disabilities 
     including blindness; and
       (B) if the State uses any portion of its Election Fund 
     payment to obtain new voting machines, at least one voting 
     machine in each polling place in the State will be fully 
     accessible to individuals with physical disabilities, 
     including blindness.
       (5) A certification that the State has established a fund 
     described in subsection (b) for purposes of administering its 
     activities under this part.

[[Page H9282]]

       (6) A certification that, in administering election 
     systems, the State is in compliance with the existing 
     applicable requirements of the Voting Rights Act of 1965 (42 
     U.S.C. 1973 et seq.), the National Voter Registration Act of 
     1993 (42 U.S.C. 1973gg et seq.), the Voting Accessibility for 
     the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.), 
     and the Americans With Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.).
       (7) A certification that the State provides for voter 
     education and poll worker training programs to improve access 
     to and participation in the electoral process, and provides 
     relevant training in the requirements of the National Voter 
     Registration Act of 1993 for personnel of State motor vehicle 
     authority offices and other voter registration agencies 
     designated by the State under such Act.
       (8) A certification that the Election Fund payment has not 
     and will not supplant funds provided under existing programs 
     funded in the State for carrying out the activities for which 
     the Election Fund payment is made.
       (b) Requirements for Election Fund.--
       (1) Election fund described.--For purposes of subsection 
     (a)(5), a fund described in this subsection with respect to a 
     State is a fund which is established in the treasury of the 
     State government, which is used in accordance with paragraph 
     (2), and which consists of the following amounts:
       (A) Amounts appropriated or otherwise made available by the 
     State for carrying out the activities for which the Election 
     Fund payment is made to the State under this part.
       (B) The Election Fund payment made to the State under this 
     part.
       (C) Such other amounts as may be appropriated under law.
       (D) Interest earned on deposits of the fund.
       (2) Use of fund.--Amounts in the fund shall be used by the 
     State exclusively to carry out the activities for which the 
     Election Fund payment is made to the State under this part.
       (c) Methods of Compliance Left to Discretion of State.--The 
     specific choices on the methods of complying with the 
     requirements described in subsection (a) shall be left to the 
     discretion of the State.
       (d) Chief State Election Official Defined.--In this 
     subtitle, the ``chief State election official'' of a State is 
     the individual designated by the State under section 10 of 
     the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg-8) to be responsible for coordination of the State's 
     responsibilities under such Act.

     SEC. 234. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 235. REPORTS

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

     PART 2--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

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

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

     SEC. 242. REPORT.

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

     SEC. 243. AUTHORIZATION OF APPROPRIATIONS.

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

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

     SEC. 251. PILOT PROGRAM.

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

     SEC. 252. REPORT.

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

     SEC. 253. AUTHORIZATION OF APPROPRIATIONS.

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

                         PART 4--MISCELLANEOUS

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

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

     SEC. 262. REPORTS.

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

     SEC. 263. AUDIT.

       (a) In General.--As a condition of receiving funds under 
     this subtitle, a State or entity described in part 2 or part 
     3 shall agree that such funds shall be subject to audit if 2 
     or more members of the Commission vote to require an audit.

[[Page H9283]]

       (b) Mandatory Audit.--In addition to audits conducted 
     pursuant to subsection (a), all funds provided under this 
     subtitle shall be subject to mandatory audit at least once 
     during the lifetime of the programs under this subtitle.

              TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM

     SEC. 301. ESTABLISHMENT OF PROGRAM.

       (a) In General.--Not later than 1 year after the 
     appointment of its members, the Election Assistance 
     Commission shall develop a program to be known as the ``Help 
     America Vote College Program'' (hereafter in this title 
     referred to as the ``Program'').
       (b) Purposes of Program.--The purpose of the Program shall 
     be--
       (1) to encourage students enrolled at institutions of 
     higher education (including community colleges) to assist 
     State and local governments in the administration of 
     elections by serving as nonpartisan poll workers or 
     assistants; and
       (2) to encourage State and local governments to use the 
     services of the students participating in the Program.

     SEC. 302. ACTIVITIES UNDER PROGRAM.

       (a) In General.--In carrying out the Program, the 
     Commission (in consultation with the chief election official 
     of each State) shall develop materials, sponsor seminars and 
     workshops, engage in advertising targeted at students, make 
     grants, and take such other actions as it considers 
     appropriate to meet the purposes described in section 301(b).
       (b) Requirements for Grant Recipients.--In making grants 
     under the Program, the Commission shall ensure that the funds 
     provided are spent for projects and activities which are 
     carried out without partisan bias or without promoting any 
     particular point of view regarding any issue, and that each 
     recipient is governed in a balanced manner which does not 
     reflect any partisan bias.
       (c) Coordination With Institutions of Higher Education.--
     The Commission shall encourage institutions of higher 
     education (including community colleges) to participate in 
     the Program, and shall make all necessary materials and other 
     assistance (including materials and assistance to enable the 
     institution to hold workshops and poll worker training 
     sessions) available without charge to any institution which 
     desires to participate in the Program.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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

                 TITLE IV--HELP AMERICA VOTE FOUNDATION

     SEC. 401. HELP AMERICA VOTE FOUNDATION.

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

              ``CHAPTER 1526--HELP AMERICA VOTE FOUNDATION

``Sec.
``152601. Organization.
``152602. Purposes.
``152603. Board of directors.
``152604. Officers and employees.
``152605. Powers.
``152606. Principal office.
``152607. Service of process.
``152608. Annual audit.
``152609. Civil action by Attorney General for equitable relief.
``152610. Immunity of United States Government.
``152611. Authorization of appropriations.
``152612. Annual report.

     ``Sec. 152601. Organization

       ``(a) Federal Charter.--The Help America Vote Foundation 
     (in this chapter, the `foundation') is a federally chartered 
     corporation.
       ``(b) Nature of Foundation.--The foundation is a charitable 
     and nonprofit corporation and is not an agency or 
     establishment of the United States Government.
       ``(c) Perpetual Existence.--Except as otherwise provided, 
     the foundation has perpetual existence.

     ``Sec. 152602. Purposes

       ``(a) In General.--The purposes of the foundation are to--
       ``(1) mobilize secondary school students (including 
     students educated in the home) in the United States to 
     participate in the election process in a nonpartisan manner 
     as poll workers or assistants;
       ``(2) place secondary school students (including students 
     educated in the home) as nonpartisan poll workers or 
     assistants to local election officials in precinct polling 
     places across the United States; and
       ``(3) establish cooperative efforts with State and local 
     election officials, local educational agencies, 
     superintendents and principals of public and private 
     secondary schools, and other appropriate nonprofit charitable 
     and educational organizations exempt from taxation under 
     section 501(a) of the Internal Revenue Code of 1986 as an 
     organization described in section 501(c)(3) of such Code to 
     further the purposes of the foundation.
       ``(b) Requiring Activities To Be Carried Out on Nonpartisan 
     Basis.--The foundation shall carry out its purposes without 
     partisan bias or without promoting any particular point of 
     view regarding any issue, and shall ensure that each 
     participant in its activities is governed in a balanced 
     manner which does not reflect any partisan bias.
       ``(c) Consultation With State Election Officials.--The 
     foundation shall carry out its purposes under this section in 
     consultation with the chief election officials of the States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, American Samoa, and the United States Virgin Islands.

     ``Sec. 152603. Board of directors

       ``(a) General.--The board of directors is the governing 
     body of the foundation.
       ``(b) Members and Appointment.--(1) The board consists of 
     12 directors, who shall be appointed not later than 60 days 
     after the date of the enactment of this chapter as follows:
       ``(A) 4 directors (of whom not more than 2 may be members 
     of the same political party) shall be appointed by the 
     President.
       ``(B) 2 directors shall be appointed by the Speaker of the 
     House of Representatives.
       ``(C) 2 directors shall be appointed by the minority leader 
     of the House of Representatives.
       ``(D) 2 directors shall be appointed by the majority leader 
     of the Senate.
       ``(E) 2 directors shall be appointed by the minority leader 
     of the Senate.
       ``(2) In addition to the directors described in paragraph 
     (1), the chair and ranking minority member of the Committee 
     on House Administration of the House of Representatives (or 
     their designees) and the chair and ranking minority member of 
     the Committee on Rules and Administration of the Senate (or 
     their designees) shall each serve as an ex officio nonvoting 
     member of the board.
       ``(3) A director is not an employee of the Federal 
     government and appointment to the board does not constitute 
     appointment as an officer or employee of the United States 
     Government for the purpose of any law of the United States 
     (except as may otherwise be provided in this chapter).
       ``(4) The terms of office of the directors are 4 years.
       ``(5) A vacancy on the board shall be filled in the manner 
     in which the original appointment was made.
       ``(c) Chair.--The directors shall select one of the 
     directors as the chair of the board. The individual selected 
     may not be a current or former holder of any partisan elected 
     office or a current or former officer of any national 
     committee of a political party.
       ``(d) Quorum.--The number of directors constituting a 
     quorum of the board shall be established under the bylaws of 
     the foundation.
       ``(e) Meetings.--The board shall meet at the call of the 
     chair of the board for regularly scheduled meetings, except 
     that the board shall meet not less often than annually.
       ``(f) Reimbursement of Expenses.--Directors shall serve 
     without compensation but may receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5.
       ``(g) Liability of Directors.--Directors are not personally 
     liable, except for gross negligence.

     ``Sec. 152604. Officers and employees

       ``(a) Appointment of Officers and Employees.--The board of 
     directors appoints, removes, and replaces officers and 
     employees of the foundation.
       ``(b) Status and Compensation of Employees.--
       ``(1) In general.--Officers and employees of the 
     foundation--
       ``(A) are not employees of the Federal government (except 
     as may otherwise be provided in this chapter);
       ``(B) shall be appointed and removed without regard to the 
     provisions of title 5 governing appointments in the 
     competitive service; and
       ``(C) may be paid without regard to chapter 51 and 
     subchapter III of chapter 53 of title 5.
       ``(2) Availability of federal employee rates for travel.--
     For purposes of any schedules of rates negotiated by the 
     Administrator of General Services for the use of employees of 
     the Federal government who travel on official business, 
     officers and employees of the foundation who travel while 
     engaged in the performance of their duties under this chapter 
     shall be deemed to be employees of the Federal government.

     ``Sec. 152605. Powers

       ``(a) General.--The foundation may--
       ``(1) adopt a constitution and bylaws;
       ``(2) adopt a seal which shall be judicially noticed; and
       ``(3) do any other act necessary to carry out this chapter.
       ``(b) Powers as Trustee.--To carry out its purposes, the 
     foundation has the usual powers of a corporation acting as a 
     trustee in the District of Columbia, including the power--
       ``(1) to accept, receive, solicit, hold, administer, and 
     use any gift, devise, or bequest, either absolutely or in 
     trust, of property or any income from or other interest in 
     property;
       ``(2) to acquire property or an interest in property by 
     purchase or exchange;
       ``(3) unless otherwise required by an instrument of 
     transfer, to sell, donate, lease, invest, or otherwise 
     dispose of any property or income from property;
       ``(4) to borrow money and issue instruments of 
     indebtedness;
       ``(5) to make contracts and other arrangements with public 
     agencies and private organizations and persons and to make 
     payments necessary to carry out its functions;
       ``(6) to sue and be sued; and
       ``(7) to do any other act necessary and proper to carry out 
     the purposes of the foundation.
       ``(c) Encumbered or Restricted Gifts.--A gift, devise, or 
     bequest may be accepted by the foundation even though it is 
     encumbered, restricted, or subject to beneficial interests of 
     private persons, if any current or future interest is for the 
     benefit of the foundation.
       ``(d) Contracts.--The foundation may enter into such 
     contracts with public and private entities as it considers 
     appropriate to carry out its purposes.
       ``(e) Annual Conference in Washington Metropolitan Area.--
     During each year (beginning with 2003), the foundation may 
     sponsor

[[Page H9284]]

     a conference in the Washington, D.C., metropolitan area to 
     honor secondary school students and other individuals who 
     have served (or plan to serve) as poll workers and assistants 
     and who have otherwise participated in the programs and 
     activities of the foundation.

     ``Sec. 152606. Principal office

       ``The principal office of the foundation shall be in the 
     District of Columbia unless the board of directors determines 
     otherwise. However, the foundation may conduct business 
     throughout the States, territories, and possessions of the 
     United States.

     ``Sec. 152607. Service of process

       ``The foundation shall have a designated agent to receive 
     service of process for the foundation. Notice to or service 
     on the agent, or mailed to the business address of the agent, 
     is notice to or service on the foundation.

     ``Sec. 152608. Annual audit

       ``The foundation shall enter into a contract with an 
     independent auditor to conduct an annual audit of the 
     foundation.

     ``Sec. 152609. Civil action by Attorney General for equitable 
       relief

       ``The Attorney General may bring a civil action in the 
     United States District Court for the District of Columbia for 
     appropriate equitable relief if the foundation--
       ``(1) engages or threatens to engage in any act, practice, 
     or policy that is inconsistent with the purposes in section 
     152602 of this title; or
       ``(2) refuses, fails, or neglects to carry out its 
     obligations under this chapter or threatens to do so.

     ``Sec. 152610. Immunity of United States Government

       ``The United States Government is not liable for any debts, 
     defaults, acts, or omissions of the foundation. The full 
     faith and credit of the Government does not extend to any 
     obligation of the foundation.

     ``Sec. 152611. Authorization of appropriations

       ``There are authorized to be appropriated to the foundation 
     for carrying out the purposes of this chapter--
       ``(1) $5,000,000 for fiscal year 2002; and
       ``(2) such sums as may be necessary for each succeeding 
     fiscal year.

     ``Sec. 152612. Annual report

       ``As soon as practicable after the end of each fiscal year, 
     the foundation shall submit a report to the Commission, the 
     President, and Congress on the activities of the foundation 
     during the prior fiscal year, including a complete statement 
     of its receipts, expenditures, and investments. Such report 
     shall contain information gathered from participating 
     secondary school students describing the nature of the work 
     they performed in assisting local election officials and the 
     value they derived from the experience of educating 
     participants about the electoral process.''.
       (b) Clerical Amendment.--The table of chapters for part B 
     of subtitle II of title 36, United States Code, is amended by 
     inserting after the item relating to chapter 1525 the 
     following new item:

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

         TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS

     SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS.

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

     SEC. 502. STANDARDS DESCRIBED.

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

     SEC. 503. ENFORCEMENT.

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

     SEC. 504. EFFECTIVE DATE.

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

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

     SEC. 601. VOTING ASSISTANCE PROGRAMS.

       (a) In General.--(1) Chapter 80 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1566. Voting assistance: compliance assessments; 
       assistance

       ``(a) Regulations.--The Secretary of Defense shall 
     prescribe regulations to require that the Army, Navy, Air 
     Force, and Marine Corps ensure their compliance with any  
     directives issued by the Secretary of Defense in 
     implementing any voting assistance program.
       ``(b) Voting Assistance Programs Defined.--In this section, 
     the term `voting assistance programs' means--
       ``(1) the Federal Voting Assistance Program carried out 
     under the Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.); and
       ``(2) any similar program.
       ``(c) Annual Effectiveness and Compliance Reviews.--(1) The 
     Inspector General of each of the Army, Navy, Air Force, and 
     Marine Corps shall conduct--
       ``(A) an annual review of the effectiveness of voting 
     assistance programs; and
       ``(B) an annual review of the compliance with voting 
     assistance programs of that armed force.
       ``(2) Upon the completion of each annual review under 
     paragraph (1), each Inspector General specified in that 
     paragraph shall submit to the Inspector General of the 
     Department of Defense a report on the results of each such 
     review. Such report shall be submitted in time each year to 
     be reflected in the report of the Inspector General of the 
     Department of Defense under paragraph (3).
       ``(3) Not later than March 31 each year, the Inspector 
     General of the Department of Defense shall submit to Congress 
     a report on--
       ``(A) the effectiveness during the preceding calendar year 
     of voting assistance programs; and

[[Page H9285]]

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

``1566. Voting assistance: compliance assessments; assistance.''.

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

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

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

     SEC. 603. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED 
                   AFTER GENERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 602, is amended by adding at the end the following 
     new subsection:
       ``(c) Report on Number of Absentee Ballots Transmitted and 
     Received.--Not later than 90 days after the date of each 
     regularly scheduled general election for Federal office, each 
     State and unit of local government which administered the 
     election shall (through the State, in the case of a unit of 
     local government) submit a report to the Election Assistance 
     Commission (established under the Help America Vote Act of 
     2001) on the number of absentee ballots transmitted to absent 
     uniformed services voters and overseas voters for the 
     election and the number of such ballots which were returned 
     by such voters and cast in the election, and shall make such 
     report available to the general public.''.
       (b) Development of Standardized Format for Reports.--The 
     Election Assistance Commission, working with the Election 
     Assistance Commission Board of Advisors and the Election 
     Assistance Commission Standards Board, shall develop a 
     standardized format for the reports submitted by States and 
     units of local government under section 102(c) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (as added 
     by subsection (a)), and shall make the format available to 
     the States and units of local government submitting such 
     reports.

     SEC. 604. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE 
                   BALLOT APPLICATION PROCEDURES FOR ABSENT 
                   UNIFORMED SERVICES AND OVERSEAS VOTERS.

       (a) Requiring States To Accept Official Form for 
     Simultaneous Voter Registration and Absentee Ballot 
     Application; Deadline for Processing Application.--
       (1) In general.--Section 102(a) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42  U.S.C. 1973ff-1), 
     as amended by section 602, is amended--
       (A) by amending paragraph (2) to read as follows:

[[Page H9286]]

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

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

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

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

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

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

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

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

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 159 of such title is 
     amended to read as follows:

``2670. Buildings on military installations: use by American National 
              Red Cross and as polling places in Federal, State, and 
              local elections.''.
``3629. Reduced rates for official election mail.''.

                   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 the 
     Election Administration, established within the Federal 
     Election Commission, exercised before the date of enactment 
     of this Act.
       (b) Conforming Amendment.--Section 311(a) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
       (1) in paragraph (8), by inserting ``and'' at the end;
       (2) in paragraph (9), by striking ``; and'' and inserting a 
     period; and
       (3) by striking paragraph (10) and the second and third 
     sentences.

     SEC. 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 the National Voter Registration Act of 1993 before the 
     date of enactment of this Act.
       (b) Conforming Amendment.--Section 9(a) of the National 
     Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is 
     amended by striking ``Federal Election Commission'' and 
     inserting ``Election Assistance Commission''.

     SEC. 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

[[Page H9287]]

     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.

   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. MISCELLANEOUS PROVISIONS TO PROTECT INTEGRITY OF 
                   ELECTION PROCESS.

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

     SEC. 903. NO EFFECT ON OTHER LAWS.

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

  The SPEAKER pro tempore. The gentleman from Ohio (Mr. Ney) and the 
gentleman from Maryland (Mr. Hoyer) each will control 30 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Ney).
  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 3295, the Help America 
Vote Act of 2001. This legislation is a culmination of a long series of 
hearings, discussions, and negotiations.
  In crafting this bipartisan election reform bill, we heard from and 
consulted with groups from across the United States that represent the 
interests of voters, election officials, State and local governments, 
and others who care about this issue.
  From the outset of this process, my goal was to craft legislation 
that could be supported by Members from both sides of the aisle. That 
is critical in this process.
  Mr. Speaker, I recognize the gentleman from Maryland (Mr. Hoyer), our 
ranking member of the Committee on House Administration, and all of the 
Members on both sides of the aisle from that committee, because if it 
were not for the gentleman from Maryland (Mr. Hoyer), his diligence, 
and the integrity, the will and desire to improve elections in one of 
the most important bills in the history of this country in the election 
process, besides the Voting Rights Act, we would not be standing here 
today.
  The fact that we have 173 cosponsors on the bill, 63 Republicans and 
110 Democrats, more cosponsors than any other election reform bill in 
the House, I think demonstrates that we achieved the goal that we 
wanted. That is the way it should be. Improving our country's election 
system should not and cannot be a partisan issue. Everybody in the 
United States has the right to vote and has to feel secure that their 
vote counts.
  Republicans and Democrats nationwide and here in this Congress agree 
on the necessity of ensuring that all citizens who wish to vote can, 
and that their votes will be counted accurately. This bill would 
advance us towards that goal.
  The first title of the bill is the punch card replacement program. 
The title authorizes $400 million to allow those jurisdictions that 
used punch card voting systems in the November 2000 election to get rid 
of them. It is obvious that we need to get rid of these antiquated 
technologies and replace them with machines voters have confidence in.
  I hope, Mr. Speaker, that one day the way we will see punch card 
machines in the United States is to go to the Smithsonian in order to 
view them. Mr. Speaker, this bill authorizes funds to make that happen.
  This bill creates a new Election Assistance Commission called the 
EAC. This new commission will assume the functions of the Office of 
Election Administration currently under the Federal Election 
Commission.
  The new EAC will serve as a national clearinghouse for the compiling 
of information and review of procedures affecting the administration of 
Federal elections. The EAC will also be charged with developing new 
voluntary election management practice standards. It will distribute 
the election fund payments, research and development grants, and pilot 
programs authorized by this bill.
  I will point out that the name we chose for this commission is not by 
accident. The purpose of this commission is to assist State and local 
governments with their election administration problems; its purpose is 
not to dictate solutions or hand down bureaucratic mandates.
  In fact, one of the first premises that our ranking member, the 
gentleman from Maryland (Mr. Hoyer) and I agreed on, and we received 
sympathy on this issue around the entire Congress, I believe, is that 
it will not be a rulemaking body. It will have teeth, it will have an 
advisory board that the gentleman from Maryland (Mr. Hoyer) has 
suggested, and a standards board of local officials across the U.S. 
that we had suggested, but in fact, it will not be dictating through 
rules and regulations on a daily basis of how local elections will be 
carried out.
  The commissioners serve part-time. Of the four commissioners, no more 
than two can be from the same party, so bipartisanship is assured. 
Additionally, it must consult with and consider recommendations of the 
advisory board

[[Page H9288]]

and the standards board that I mentioned previously. These boards, 
again, will consist of election officials and other interested groups 
who have interest in or expertise in election issues. These boards will 
have a voice on this commission, and that voice will be heard.
  In addition to the funds authorized for punch card replacement, this 
bill authorizes $2.25 billion for election fund payments to the States. 
The election fund payments will be used for a variety of things, from 
purchasing new equipment to updating registration systems, to assuring 
access for those with physical disabilities to the polls, to increasing 
poll worker education and training, sending sample ballots, and a wide 
variety of other uses that are, once again, good for the United States 
election system.

  The fund is designed to allow a State to determine its greatest needs 
and to devote the resources to those needs. Along with these funds come 
funding conditions.
  States that take fund payments must certify, for example, that they 
have provided $1 to match every $3 provided by the Federal Government, 
a 25 percent match. They also must demonstrate that they have 
established a statewide benchmark for voting system performance, and 
also that they have adopted the voluntary election standards developed 
by the new Election Assistance Commission, or they have developed their 
own standards that will do the job; and that they have in each precinct 
or polling place a voting system in place which is fully accessible to 
people who have a form of disability.
  These funding conditions will ensure that the Federal dollars are 
spent appropriately, and that the EAC will monitor compliance with 
these conditions.
  This bill also creates the Help America Vote program. This was an 
idea that the gentleman from Maryland (Mr. Hoyer) brought forth that I 
think is tremendous. We have it at the high school level and at the 
college level. This program is designed to get the country's young 
people involved in the energetic give and take of public debate through 
our democratic process through volunteer service as nonpartisan poll 
workers and assistants.
  One common view that we heard from election officials across the 
Nation in both parties was that there is a critical shortage of poll 
workers. This program will have the two-fold benefit of helping with 
this shortage, while also getting our young people involved in their 
democracy.
  All of us in this institution constantly talk about getting young 
people involved in the process, getting them to be registered to vote. 
This component on this bill, this part, maybe has not been talked about 
daily in the media, Mr. Speaker, but it is, I think, one of the most 
valuable things also that we are doing in this bill.
  Title V is the minimum standards section of the bill. During 
negotiations, some feared that having funding conditions was not 
adequate because voters who might live in States that did not take the 
funds would not be protected. Others opposed intrusive Federal mandates 
that could become burdensome and inefficient.
  The minimum standards we included in this bill strike the appropriate 
middle ground. That is why I believe, Mr. Speaker, we see a wide 
variety of people from this House, Members from both parties, from all 
the political spectrums, who have cosponsored this, because we achieved 
that middle ground that we needed. The minimum standards guarantee 
certain protections for all voters in the United States without 
imposing an intrusive, federally-designed system.
  There are seven minimum standards. Briefly, they are:
  The State will implement a statewide registration system that is 
networked to every jurisdiction in the State;
  The State has a system of file maintenance which ensures that the 
voting rolls are accurate and are updated regularly;
  The State permits in-precinct provisional voting by any voter who 
claims to be qualified to vote;
  The State has adopted uniform standards to define what constitutes a 
vote on the different types of voting equipment in use in the State;
  The State has implemented safeguards to ensure that military service 
personnel and citizens living overseas have the opportunity to vote and 
have their vote counted;
  The State requires that new voting systems provide a practical and 
effective means for voters with physical disabilities to cast a secret 
ballot;
  And also, States that have technology that allows voters to check for 
errors must ensure that they are able to do so under conditions which 
assure privacy, and States replacing their voting systems must do so 
with machines that give voters the opportunity to correct errors before 
the ballot is cast.
  The Commission will monitor compliance with these minimum standards, 
and can make a referral to the Justice Department in cases of 
noncompliance.
  Mr. Speaker, this bill will also help assure the voting rights of our 
service personnel and overseas citizens. That was a huge issue, as we 
know, that has come to light, and we appreciate the work that many 
Members of the House did on this in giving input, people such as the 
gentlewoman from New York (Mrs. Maloney) and the gentleman from New 
York (Mr. Reynolds); the gentleman from Indiana (Mr. Buyer), and many 
others.
  It includes a number of provisions that will make it easier for our 
service personnel to obtain ballots and transmit them in a timely 
fashion.
  Additionally, we will require the Department of Defense to make sure 
that there are an adequate number of voting assistance officers 
assigned, and to make sure that ballots are properly postmarked so they 
cannot be challenged.
  Mr. Speaker, this bill, once again, is the culmination of a lot of 
hard work. It is carefully crafted and written in the spirit of 
bipartisan and compromise. I think it is a package that really deserves 
support.
  I also want to thank the gentleman from Missouri (Mr. Blunt), who is 
a former Secretary of State. He gave us, from the first day forward, 
some dynamic ideas and great support on this bill.
  Again, I want to thank the gentleman from Maryland (Mr. Hoyer). We 
could not be here if it was not for his spirit on this, and his resolve 
to make sure that we have good elections in this country.
  Mr. Speaker, this bill evolved from a punch card issue into something 
way beyond that that has teeth, that makes changes, but does it in a 
responsible way. That is why we have the support of local governments. 
Speaker Marty Stevens of the National Council of State Legislators and 
all their staff are supporting this bill; also President Jimmy Carter 
and President Gerald Ford; Phillip Zellico, the executive director of 
the National Commission on Election Reform; Ron Thornberg, a Republican 
Secretary of State from Kansas and president of the National 
Association of Secretaries of State; Sharon Priest, a Democrat from 
Arkansas and past president of this association; and Ken Blackwell, a 
Republican from Ohio.
  On a bipartisan basis, the Secretaries of State stepped up to the 
plate to once again help us to craft this bill; Ralph Taber of NACO, 
Doug Lewis, executive director of the Elections Center, and many, many 
others.
  The staffs of the Committee on House Administration on both sides of 
the aisle all came together to make these ideas gel, but all with the 
same spirit.
  As we look around at what has happened to this country, as we look 
around at those who have tried to attack our very foundation, we 
realize that the election of individuals from all levels is important, 
because we do have the greatest democracy in the world. We want the 
people to feel comfortable with our election process.

                              {time}  1345

  This bill does that. It helps America vote, and I urge its support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HOYER. Mr. Speaker, I yield myself 5\1/2\ minutes.
  Let me at the outset say that no one could have had a more positive 
partner in working on this legislation than I had in the gentleman from 
Ohio (Mr. Ney). The chairman of the Committee on House Administration 
is dedicated and committed to producing a positive product. He has done 
that. I have been pleased to work with him in this process, and I thank 
him for his leadership.

[[Page H9289]]

  Mr. Speaker, 1 year ago tonight in Bush v. Gore, the United States 
Supreme Court effectively determined the outcome of our last 
Presidential election. But today this House has an historic opportunity 
to let this day be remembered not for one of the most controversial 
decisions in the court's history, but for congressional action to 
protect our most cherished democratic right: the right to vote and the 
right to have that vote counted.
  One hundred million Americans went to the polls on November 7, 2000, 
but an estimated 6 million, according to the CalTech-MIT study, failed 
to have their votes counted.
  Thus, today, on this 1-year anniversary of Bush v. Gore, I am pleased 
to join our colleague, the gentleman from Ohio (Mr. Ney), the chairman 
of our committee, and Members from both sides of the aisle in strongly 
supporting H.R. 3295, the Help America Vote Act of 2001.
  This bipartisan election reform legislation, the most widely 
supported election reform bill in the House with 173 cosponsors, 
addresses virtually every major election system flaw that came to light 
after our last national election. The Help America Vote Act is an 
important mixture of Federal assistance to States and minimum election 
standards.
  It will require, not ask, but require, all States to adopt a state-
wide voter registration system linked to local jurisdiction; in-
precinct provisional balloting; a system for maintaining the accuracy 
of voter registration records; uniform standards for defining what 
constitutes a vote on different types of voting equipment in different 
parts of the States; assurances that overseas military voters have 
their votes counted; assurances that voters have the right and 
opportunity to correct errors; and practical and effective means for 
disabled voters to cast secret ballots on new voting equipment.
  These election standards are not discretionary, nor are they 
dependent on the States' receiving Federal assistance under the bill. 
States shall enact them, and they shall be enforced.
  The Help America Vote Act also authorizes, as the chairman has said, 
$2.65 billion for Federal election reform, which includes $400 million 
for buyout of the infamous punch cards. The remaining $2.25 million 
will help States establish and maintain accurate lists of eligible 
voters, improve equipment, educate voters, recruit and train poll 
workers, and assure access for disabled voters.
  This bipartisan legislation is the product of numerous hearings, at 
least four in the Committee on House Administration, the most of any 
congressional committee this year, in which we received invaluable 
input from State and local officials.
  Furthermore, this legislation has been endorsed by, among others, the 
National Commission on Federal Election Reform, known as the Ford-
Carter Commission; the National Association of Secretaries of State; 
the National Conference of State Legislatures; the National Association 
of Counties; the National Association of County Recorders, Election 
Officials and Clerks; the Election Center; the National Federation of 
the Blind; and the League of Women Voters of Los Angeles County.
  Why is this important? Because it is those individuals who will have 
to run elections, and the fact that they are supportive of these 
requirements and these procedures is critically important to the next 
election.
  In fact, in a recent op-ed column in the Washington Post, former 
Presidents Ford and Carter observed: ``With the exception of the civil 
rights laws of the 1960s, this bill,'' that is on the floor today, 
``could provide the most important improvements in our democratic 
election system in our lifetimes.''
  This is an extraordinarily good bill. It is not a perfect bill, but 
it goes much further than anybody would have thought at the beginning 
of this session.
  Finally, I want to specifically thank the gentleman from Michigan 
(Mr. Conyers), the ranking Democrat of the Committee on the Judiciary, 
and the gentlewoman from California (Ms. Waters), the chairman of the 
Democratic Caucus Special Committee on Election Reform. Their insight 
and tireless advocacy on this important issue has improved this bill. 
H.R. 3295, in fact, incorporates many of their recommendations.
  This legislation is not a magic elixir. However, it will 
significantly improve the integrity of our election process, encourage 
voter participation and restore public confidence in our system. In 
short, it is a historic opportunity for this House to right the 
undemocratic wrongs in our election system.
  Election reform is a down payment on the right that defines us as a 
people. That is an investment in democracy that I urge every one of my 
colleagues to make today. This is a good bill. Let us vote for it. Let 
us pass it to the Senate. Let us take action.
  Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Horn).
  Mr. HORN. Mr. Speaker, today, the House has an opportunity to address 
the many problems that were uncovered in past years' Presidential 
elections. In Florida and many other States, the past election made 
clear that there are serious doubts about how we conduct some of our 
elections.
  This bill sets minimum Federal standards that the States must meet, 
and it provides more than $2.6 billion in Federal funds to help them 
meet those standards.
  The bill specifically provides $400 million to begin getting rid of 
all the other punch card voting machines that were such a problem in 
Florida and many other places. Former Presidents Carter and Ford headed 
a national commission to examine solutions for all of the problems in 
our electoral system. They endorse this bill, so does the Los Angeles 
Times and dozens of other newspapers. It is a sensible step to protect 
the rights of voters, and we should pass it without further delay.
  The legislation before us is well balanced, generally bipartisan. I 
congratulate the gentleman from Ohio (Chairman Ney) and the gentleman 
from Maryland (Mr. Hoyer) for this wonderful bill that we have before 
us. They have produced excellent work in doing this; and the bill 
before us, H.R. 3295, the Help America Vote Act, offers a comprehensive 
and sensible response that will help to eliminate those doubts and 
restore the integrity and credibility of our elections.
  Mr. HOYER. Mr. Speaker, will the gentleman yield?
  Mr. HORN. I yield to the gentleman from Maryland.
  Mr. HOYER. Mr. Speaker, I want to thank the gentleman. The gentleman 
from California (Mr. Horn) has been involved since the very first day 
of this session and we introduced a bill that was not as comprehensive 
as this. The gentleman was a sponsor and has worked with us ever since. 
I thank him for his involvement.
  Mr. HORN. Mr. Speaker, I thank the gentleman. The gentleman from 
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) have spent 
hours to do this. And when the 50 States say this is good, one can 
imagine that Members of this body think it is good.
  Mr. HOYER. Mr. Speaker, I yield 2 minutes to the very distinguished 
gentleman from Georgia (Mr. Lewis). There is no one in this House, 
perhaps no one in this country, who has fought harder, risked more, 
shown more courage and commitment in assuring that every American has 
the right to vote.
  Mr. LEWIS of Georgia. Mr. Speaker, I want to thank the gentleman from 
Ohio (Mr. Ney) and the gentleman from Maryland (Mr. Hoyer) for bringing 
this bill to the floor. I want to thank my friend and colleague, the 
gentleman from Maryland (Mr. Hoyer), for yielding me time. I know this 
has not been easy for the two of you, but you brought us to where we 
are today.
  Mr. Speaker, I rise today in support of moving the process of 
election reform forward. It has been over a year since the 2000 
election and other elections have already been held. What happened in 
Florida last year and so many other places in our Nation must never 
ever happen again. Voters were denied the right to vote by incorrect 
voting lists, confusing ballots, and out-of-date voting machines.
  The right to vote is precious. It is almost sacred. People died for 
the right to vote, and we must do whatever we can to protect that 
right. This is not a perfect bill. This bill is not a cure-all, but it 
is a step forward in correcting the problems with our election system 
and opening up the political process.
  Many, many years ago I fought to give people a voice in the outcome 
of

[[Page H9290]]

elections, to get people included in the political process, to ensure 
their right to vote. And 40 years later I remain committed to that 
goal.
  As I said before, this bill does not solve all of the problems, and 
it is not all that many of us wanted; but it does help to move this 
process forward this year, right here and now. It is past time that we 
address this important voting rights issue, and this bill is a 
necessary step in the right direction. I urge all of my colleagues to 
support this bill. It is the most important voting rights bill since 
the passing of the Voting Rights Act in 1965, 36 years ago. Vote for 
this bill.
  Mr. NEY. Mr. Speaker, I yield 3 minutes to my distinguished 
colleague, the gentleman from Michigan (Mr. Ehlers), who is also sort 
of the unofficial science advisor of the House Administration Committee 
and we appreciate his support.
  (Mr. EHLERS asked and was given permission to revise and extend his 
remarks.)
  Mr. EHLERS. Mr. Speaker, I am very pleased to rise in support of this 
bill. I rise on the premise that every registered citizen has the right 
to vote, can vote, and should vote. I also believe that every citizen 
who votes has the right to be assured that his or her vote is counted 
accurately and, furthermore, that that vote is protected against 
dilution by fraud of others who vote more than once or who vote 
illegally.
  I have served in local, State and national office for over 25 years. 
During that time I have seen and participated in many elections. The 
problems we saw last year in Florida are not unique. These problems 
occur frequently, and I believe this bill will help to solve many of 
these election difficulties.
  While we can debate the particulars of how to administer an election 
or which voting equipment to buy, we know that all voting equipment 
should be based on the strongest possible standards for usability, 
accuracy, security, accessibility, and integrity. In order to achieve 
all of that, I introduced a bill earlier this year, H.R. 2275, which 
would help to assist in establishing the technical standards for voting 
equipment, making use of the resources of the National Institute of 
Standards and Technology, which is uniquely qualified to do this. I am 
very pleased that those provisions of H.R. 2275 have been incorporated 
into the bill that is before us.

                              {time}  1400

  These provisions originally would have created a commission chaired 
by the Director of the National Institute of Standards and Technology 
and comprised of local election directors. This commission would have 
been responsible for developing voluntary technical standards to ensure 
the usability, accuracy, security, accessibility, and integrity of 
voting systems and voting equipment.
  Those provisions have been carried over to this bill. It is a near 
perfect fit because it creates the process by which the Election 
Assistance Commission in this bill can develop and will develop 
technical standards, which currently are woefully inadequate under 
current guidelines. These provisions that have been inserted in this 
bill will help strengthen the bill, providing much-needed research into 
improving voting equipment.
  This bill includes a grant program for developing better voting 
technology and making sure that our existing systems are secure. It 
also includes a research program inside the National Institute of 
Standards and Technology that will review, among other things, the role 
of human factors in the design and use of voting machines.
  In summary, this legislation will ensure that the Election 
Administration Commission will have an effective, transparent, 
informed, and complete process for the development of voluntary 
technical standards for voting equipment and systems. I am very pleased 
to have participated in the creation of this bill, and I urge that we 
adopt it.
  Mr. HOYER. Mr. Speaker, I am honored to yield 3 minutes to the 
gentleman from Philadelphia, Pennsylvania (Mr. Fattah), my 
distinguished colleague on the Committee on House Administration who 
has worked very hard on this bill for the last 8 months.
  Mr. FATTAH. Mr. Speaker, let me say first that I want to congratulate 
the principal sponsors of this, the gentleman from Ohio (Mr. Ney) and 
the gentleman from Maryland (Mr. Hoyer). Their work, along with the 
others on the committee, have really done a tremendous service for the 
country by moving this issue forward.
  I join my colleague, the gentleman from Georgia (Mr. Lewis), when he 
says that this is a necessary step towards election reform. It was just 
a year ago today that the Supreme Court ruled and stopped the vote 
counting in Florida. It was an international disgrace the way that the 
process unfolded, and with so many people's votes were discarded by 
machinery that did not work, or processes that did not comply with what 
was necessary to have every single person being able to cast a vote and 
to have that vote counted.
  This bill moves us towards real election reform. It is imperfect, but 
it is part of a process in which I think that this is a bill that is 
much better than any of us could have hoped for leaving the House. We 
would hope that the other body will act and that then we would have a 
conference committee and a final product so that the people who we 
represent can be assured that in the next election, that some of the 
items that have been identified in this legislation, in terms of proxy 
voting and in terms of access and standards at the State level, and 
doing away with outdated machinery, along with the $2.6 billion in 
Federal resources that assist States in this effort, will be part of 
the final product.
  So, again, I want to thank Chairman Ney, who I think has exhibited 
extraordinary leadership in moving this forward, and Ranking Member 
Hoyer, bringing together a bipartisan group of people. I am happy to be 
one of the principal cosponsors of this legislation.
  I know there are some who are disappointed in the rule. I am 
disappointed in the rule. I would have preferred that we would have 
been able to have a more open process here on the floor in terms of the 
House fashioning its will. But I am mindful that as we go forward, we 
all have a responsibility and we are burdened with it to try to make 
real reform happen. And as we go forward and through this process 
today, I know that when we pass this out of the House, as has been 
mentioned before, that since the 1965 Voting Rights Act, this will be 
the most important voting rights legislation that the House has sent 
forward in many, many years.
  So I want to urge the House to support it. I know that when we come 
to the final resolution on election reform, this bill will be the 
linchpin for the action that the entire Congress, along with a 
Presidential signature, will give to the American people; and that is a 
much better electoral system.
  Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Nebraska (Mr. Terry).
  (Mr. TERRY asked and was given permission to revise and extend his 
remarks.)
  Mr. TERRY. Mr. Speaker, I believe in the empowerment of local, 
county, and State governments. I believe that they, being closer to the 
people, can provide services better and cheaper. The Federal Government 
does ask that those local governments perform tasks on behalf of the 
Federal Government. Running elections is such a request. In fact, it is 
not a request, it is a mandate in the United States Constitution. Yet 
we do not partner and we do not help in the running of those Federal 
elections.
  The consequences are outdated machines, poor election personnel 
training, poor coordination, bad voter lists, all making the system 
vulnerable to fraud. The Federal Government, with H.R. 3295, 
establishes that partnership, helping States and counties more 
efficiently run Federal elections.
  This act enhances the credibility of the election system by providing 
some financial help to States and counties to upgrade from a punch card 
system to a newer technology less fraught with danger. It, importantly, 
also helps those States who moved forward to upgrade while Congress 
here debated, discussed and compromised.
  This act helps to set minimum standards for elections, to avoid 
confusion in the future. It helps train election officials. It helps 
ensure, and this is an important aspect, it helps ensure that the votes 
of our overseas men and women, and those in the service, will count. It

[[Page H9291]]

requests States clean up their voter lists, and it allows our youth 
more participation in the process.
  These are all extremely positive movements in the right direction for 
the future of our democracy, and I encourage my colleagues to help 
secure future elections by voting ``yes.''
  Mr. HOYER. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from Florida (Ms. Brown), who has been as strong a voice on behalf of 
election reform as we have in this country.
  Ms. BROWN of Florida. Mr. Speaker, I thank the gentleman for yielding 
me this time, and I want to thank the chairman and the ranking member 
both for their leadership on this matter.
  One year ago today, 10 p.m., I was standing in front of the Supreme 
Court. And I tell my colleagues that it was the coldest night I have 
ever experienced in my life. And I am not talking about the weather. I 
am talking about when the Supreme Court selected the President of the 
United States.
  Nobody feels more about this bill than I do, because my constituents 
were disenfranchised. There is no one in Florida who looks like me that 
believes we had a fair election in Florida. There is no one who looks 
like me that does not feel that we had a coup d'etat here in the United 
States. Harsh words. But the television today, and others, talked about 
what happened at the Supreme Court. But they said, well, everything is 
okay. Well, the end does not justify the means. We have to make sure 
that what happened in Florida never happens again.
  Now, this bill is not a perfect bill. I have been an elected official 
for 20 years. I have never seen a perfect bill. But this bill is a 
perfect beginning, and I support it and urge my colleagues to vote for 
it. It starts us on our way.
  One provision that I want to talk about that is in this bill is the 
provisional balloting, wherein 17,000 people would have had an 
opportunity to have their vote counted if that had been enacted.
  Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from West 
Virginia (Mrs. Capito).
  Mrs. CAPITO. Mr. Speaker, I rise today in strong support of H.R. 
3295, the Help America Vote Act of 2001. I want to thank my colleagues, 
the gentleman from Ohio (Mr. Ney) and the gentleman from Maryland (Mr. 
Hoyer) for creating this bill that will strengthen our Nation's voting 
system and enhance America's democracy.
  The 2000 election highlighted obviously the inaccuracies and 
inconsistencies in our voting systems. As the country waited to hear 
the final outcome of the Presidential election, many began to take a 
closer look at our voting systems. What we saw were outdated 
technologies and a lack of uniformity.
  In my home State of West Virginia, 12 counties of the 55 counties 
still use the punch ballot. It is easily manipulated and archaic, but 
these 12 counties lack the funds to replace these machines. With the 
$3.6 million that West Virginia will receive in this bill, all those 
machines will be replaced.
  But I think it is interesting to note that there are four other 
operating voting systems in our small State of West Virginia; optic 
scans, paper ballots, lever machines, and a highly innovative votronic 
technology. The lack of uniformity and compatibility creates confusion. 
This plan will help eliminate that. All States will be able to benefit 
from the flexible funds, which can be used to enable access to voters 
with disabilities, strengthen voter turnout, and to consolidate our 
statewide registration systems.
  Voting for an elected official is the hallmark of American democracy. 
When citizens cast their votes, they are exercising a fundamental right 
that our forefathers worked to achieve for all generations. With our 
country at war, we must also be concerned now, more than ever, about 
ensuring the accuracy of the votes of our men and women overseas. This 
bill, H.R. 3295, addresses this concern.
  Voting is an important and fundamental American right and should 
never be casually regarded. But our citizens need to have the 
confidence in their voting systems so they will eagerly and willingly 
cast their votes and feel confident that they are participating in a 
strong and efficient democracy.
  Mr. Speaker, I urge my colleagues to support the bipartisan Help 
America Vote Act.
  Mr. HOYER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from 
New Jersey (Mr. Pascrell), the distinguished former Mayor of Patterson, 
who has been involved in elections for a long time and worked very hard 
on election reform.
  Mr. PASCRELL. Mr. Speaker, I thank the gentleman from Maryland (Mr. 
Hoyer) for yielding me this time, and thanks to the Chairman, the 
gentleman from Ohio (Mr. Ney), for all his work.
  The great poet Langston Hughes asked, ``What happens to a dream 
deferred?'' Well, in the case of the dream of fair and equal treatment 
at the polls, a dream deferred is a dream denied. Let us defer these 
dreams no longer. Let us take this critical step to ensure that all 
Americans have their votes counted.
  Last year's presidential election was a civics lesson for all of us. 
Not only did we learn that every vote counts, we learned that every 
vote is not counted. Although we all saw what happened in Florida, we 
realized the problems existed in every State and in every municipality.
  In Atlanta's Fulton County, which uses punch card voting machines, 
one in every 16 ballots for president was invalidated. In many Chicago 
precincts that have high African American populations, one of every six 
ballots was thrown out. If we do not address this blatant irregularity 
and inequality, then we are letting down the thousands of Americans who 
take the time to vote each year.
  This bill is the right approach. Buying out our punch card systems, 
improving equipment, recruiting and training poll workers, improving 
access for people with disabilities, and educating voters about their 
rights are the things we must be doing. And we should require States to 
adopt minimum election standards, whether it comes to voter 
registration or provisional voting.
  When one voice is stifled because of outdated election procedures, it 
stifles our collective system, Mr. Speaker, as a Nation. And none of us 
should tolerate it any more.
  Mr. NEY. Mr. Speaker, I would like to inquire as to how much time is 
remaining.
  The SPEAKER pro tempore (Mr. LaHood). The gentleman from Ohio (Mr. 
Ney) has 10 minutes remaining and the gentleman from Maryland (Mr. 
Hoyer) has 16\1/2\ minutes remaining.
  Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentleman from New 
York (Mr. Grucci).
  Mr. GRUCCI. Mr. Speaker, I would like to thank the chairman for 
yielding me this time, and I rise today in support of H.R. 3295, the 
Help America Vote Act.
  After experiencing the confusion and the uncertainty of the 2000 
election, Congress must act to restore America's confidence in our 
voting system. H.R. 3295 does just that. This bill will strengthen our 
election system while ensuring lawful and impartial voting for every 
citizen.

                              {time}  1415

  Mr. Speaker, our government is based on participation by every 
citizen. The voice of the citizens in our government is heard through 
their vote. This legislation will ensure that every voice be heard. 
This bill not only allows citizens to vote with peace of mind, but also 
strengthens our democratic process.
  The Help America Vote Act authorizes $400 million to buy out the 
problematic and outdated punch card voting machines, as well as 
establishing minimum standards for State election systems. Some of the 
requirements include that States have a voter registration system 
linked to local jurisdictions, systems to maintain the accuracy of 
voter registration records, and the adoption of uniform standards 
defining what constitutes a vote.
  At a time when we honor the service of our brave men and women 
overseas, this bill includes a system to ensure that both uniformed 
military men and women and overseas voters have their votes counted.
  As a member of the Committee on Science, I am proud to see that some 
of our provisions that our committee

[[Page H9292]]

 passed earlier this year are included in H.R. 3295. One of the key 
provisions of the bill is the creation of the Help America Vote College 
Program. This important program would encourage college students to 
assist State and local governments in the administration of local 
elections by working as nonpartisan poll workers. By energizing our 
college students, we encourage young people to speak out, using both 
their voice and vote, to become more active in their government.
  Mr. Speaker, there is a great need to improve the way our election 
system operates in America. We need to ensure that all Americans have 
their voices heard at the polls and their votes recorded fairly. I 
encourage all of my colleagues to support H.R. 3295.
  Mr. HOYER. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Speaker, first of all, let me commend the 
gentleman from Ohio (Mr. Ney) and the gentleman from Maryland (Mr. 
Hoyer) for the development of this legislation. I also thank the 
gentlemen for working with me and my colleagues, the gentleman from 
Illinois (Mr. Shimkus) and the gentleman from Maryland (Mr. Ehrlich), 
to ensure that individuals who are visually impaired and blind are able 
to vote independently. We appreciate the inclusion of much of our 
amendment in the manager's amendment.
  Mr. Speaker, the question I would like to ask the gentleman from Ohio 
is what does the gentleman envision by the term ``fully accessible'' as 
it relates to the bill?
  Mr. NEY. Mr. Speaker, will the gentleman yield?
  Mr. DAVIS of Illinois. I yield to the gentleman from Ohio.
  Mr. NEY. Mr. Speaker, I thank the gentleman for this very important 
question. It is my hope and expectation that ``fully accessible'' would 
mean that blind persons would have the ability to vote in private and 
have the ability to independently verify the vote cast.
  Mr. DAVIS of Illinois. Mr. Speaker, I certainly appreciate that 
clarification and share the gentleman's expectation. I feel there is 
nothing more important than the right to the franchise and for the 
ability for all people to exercise that right independently and 
secretly. Again, I thank the gentleman for his accommodation and thank 
the gentleman for the development of this legislation.
  Mr. NEY. Mr. Speaker, if the gentleman would continue to yield, I 
thank the gentleman for his very important work on this issue, and also 
for the work of the gentleman from Illinois (Mr. Shimkus).
  Mr. Speaker, I yield 1 minute to the gentleman from Ohio (Mr. 
Portman).
  Mr. PORTMAN. Mr. Speaker, there is a broad consensus in this country 
that we need to make some commonsense changes to our election laws. I 
commend the gentleman from Ohio (Chairman Ney) and the gentleman from 
Maryland (Mr. Hoyer), the ranking member, for reflecting those wishes 
from around the country and bringing them here to this House today to 
pass what is a truly bipartisan, truly commonsense approach to making 
our elections work better.
  There is a lot to like about this bill. It provides States that still 
use punch-card voting systems with necessary funding to replace those 
outdated systems. This is something that came up in the last 
Presidential election, and something that needs to be addressed. It is 
not only a bipartisan issue, it is a nonpartisan issue that people care 
about at the local level.
  It also takes steps to see that States will set up state-wide voter 
registration systems and make sure that voter rolls are properly 
maintained, which is very important to the integrity of elections.
  It also encourages high school and college students to become 
nonpartisan poll workers to get involved in the system. But doing all 
that, it also respects the fact that State and local government must 
continue to be the overseers of the process of elections. There is a 
lot to like in this bill, including the way in which these two 
gentlemen put it together. I commend them and urge support from both 
sides of the aisle.
  Mr. HOYER. Mr. Speaker, I yield myself 10 seconds.
  Mr. Speaker, I want to say to the gentleman from Ohio (Mr. Portman), 
I thank the gentleman for his words. There are, frankly, not very many 
better legislators in this Congress than the gentleman from Ohio (Mr. 
Portman). He has done some extraordinary work through the years, and I 
appreciate his comments. I want him to know what a positive partner, as 
I said at the beginning of this process, the gentleman from Ohio (Mr. 
Ney) is.
  Mr. Speaker, I yield 2 minutes to the gentleman from Rhode Island 
(Mr. Langevin), a former Secretary of State of Rhode Island.
  Mr. LANGEVIN. Mr. Speaker, today I rise in support of H.R. 3295, the 
Help America Vote Act. Fixing the shortcomings in our election system 
is no easy task, and I commend the gentleman from Ohio (Mr. Ney) and 
the gentleman from Maryland (Mr. Hoyer) for their tireless efforts to 
craft strong, bipartisan legislation, and for allowing me to assist in 
its development.
  As Rhode Island's Secretary of State, I replaced our ancient lever 
voting machines with state-of-the-art voting equipment and created a 
system guaranteeing that every vote is counted and every person with a 
disability has 100 percent voting access; and that is exactly what we 
must demand in every State.
  H.R. 3295 will let States like Rhode Island build on their successes. 
By counting State expenditures for ongoing election improvement 
programs toward the 25 percent State match requirement, these model 
States may implement new and innovative accessible voting technologies 
and serve as even better models for other States to emulate.
  The Help America Vote Act also sets minimum standards for election 
administration and voting accessibility. Because 84 percent of the 
Nation's polling places are inaccessible to the physically disabled, I 
strongly encourage State election officials to follow Rhode Island's 
cost-effective model and guarantee to all Americans the fundamental 
right to vote independently.
  This bill offers many good improvements, but we must go further. We 
must ensure full voting access to all people with disabilities. I have 
advocated for the access board to develop national standards and 
deadlines for polling place accessibility, and I will continue to push 
for this mandate.
  Today's legislation will lay the foundation of a great new era of 
public participation in the democratic process. While it is not a 
perfect bill, it is an important first step in addressing the 
inequities of our Nation's voting systems, and I encourage my 
colleagues to support it.
  Mr. NEY. Mr. Speaker, I yield myself 10 seconds.
  Mr. Speaker, I thank the gentleman from Rhode Island (Mr. Langevin). 
He has brought his expertise as Secretary of State to the table here in 
the House and has been a tremendous resource working with us throughout 
the process.
  Mr. Speaker, I yield 1 minute to the gentleman from Delaware (Mr. 
Castle).
  Mr. CASTLE. Mr. Speaker, I, too, rise in support of H.R. 3295; and I, 
too, congratulate the sponsors for the work that they have done.
  My State happens to be very advanced. We have a fully electronic 
system; and while some States such as Delaware have such a modernized 
voting system, we will be able to use these funds for voter outreach 
and training poll workers and making polls more accessible to disabled 
voters. There are a lot of good things in this bill.
  Mr. Speaker, these gentlemen deserve congratulations; but I would 
like to speak to a couple of things. One, since I have been involved in 
elected politics, and I have seen all kinds of problems in Wilmington, 
Delaware, and the State of Delaware, I have seen a lot of improvements. 
The sanctity of the vote to people is of extraordinary importance. 
Americans have the right across the United States of America to feel 
that their vote is going to be counted and their vote counts as much as 
the President of the United States. That is at the heart of democracy, 
and that is why it is so important that Congress speaks to this today.
  The fairness of elections is important. We need to feel it is not the 
Supreme Court, but the people of the United States of America who are 
deciding who our elected officials are

[[Page H9293]]

going to be. It is also very significant that we are addressing those 
problems as well; and the issues of disabilities are important. I hope 
all Members support the legislation.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from 
Missouri (Mr. Clay).
  Mr. CLAY. Mr. Speaker, I rise in support of the Help America Vote Act 
of 2001. I do this with some reservations. However, it is necessary 
that we pass this bill today. I thank the gentleman from Ohio (Mr. Ney) 
and the gentleman from Maryland (Mr. Hoyer) for their persistence in 
bringing this bill to the floor.
  The election of 2000 disenfranchised millions of voters and 
illustrated the shambles in which we find our current voting system. 
The right to vote is sacred and guaranteed by the Constitution. This 
right was made a mockery during the election of 2000. Congress must act 
to guarantee that every single vote is counted, and that did not happen 
in 2000.
  Many citizens have died trying to secure and protect the right to 
vote in this country. James Chaney, Michael Schwerner, and Andy Goodman 
died in Philadelphia, Mississippi, in 1964 because of their efforts to 
protect the right of others to vote. I will not let their deaths be in 
vain. I hope that other Members of this body share that sensitivity. 
The bill is not perfect, but it is a compromise and a work in progress. 
Let us keep the process alive and vote for this bill. Let us send it to 
the Senate and allow them to work their will on their side.
  The SPEAKER pro tempore. Does the gentleman from Ohio, the manager of 
the bill, yield for a unanimous consent request?
  Mr. NEY. Mr. Speaker, I yield 1 minute to the gentleman from Oklahoma 
(Mr. Istook).
  Mr. ISTOOK. Mr. Speaker, I appreciate the efforts of the gentleman 
from Ohio (Mr. Ney) and all Members who have been involved in this 
legislation. Many of us have a concern, however, that although this 
addresses with some special funding States who have not been as 
diligent about updating their electoral machinery, although States 
which have been more apathetic are rewarded under this, there is no 
reward, no incentive, for States which have been diligent.
  My State of Oklahoma is one such diligent State. Oklahoma spent $20 
million to create optical scanning voting equipment in every precinct 
in every county in Oklahoma. I applaud the foresight of our former 
State election board secretaries, Lee Slater and Lance Ward, in doing 
so. The amendment, which was intended to be a part of a manager's 
amendment that ended up not being, is simply to say that States which 
have funded an optical scanner or electronic system on a state-wide 
basis would be reimbursed at the same per-precinct rate as States whose 
equipment we seek to replace under the bill.


                       request to offer amendment

  Mr. ISTOOK. Mr. Speaker, I ask unanimous consent to offer the 
amendment at the desk.
  The SPEAKER pro tempore (Mr. LaHood). Is there objection to the 
request of the gentleman from Oklahoma?
  Mr. PASCRELL. Mr. Speaker, I object.
  The SPEAKER pro tempore. Objection is heard.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from 
Maryland (Mr. Cardin), the former Speaker of the House in Maryland.
  (Mr. CARDIN asked and was given permission to revise and extend his 
remarks.)
  Mr. CARDIN. Mr. Speaker, first, I congratulate the gentleman from 
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) for the 
manner in which they have brought forward this legislation. Along with 
the gentleman from Maryland (Mr. Hoyer) and other Members of this body, 
I serve as a representative on the Commission on Security and 
Cooperation in Europe. That group monitors human rights and democratic 
issues in the European countries, the United States, and Canada. We 
have the responsibility at times to monitor elections in developing 
countries.

                              {time}  1430

  My point, Mr. Speaker, is that if our 2000 election was monitored by 
that body, it would not have passed international standards. I 
congratulate all that are responsible for bringing forward this 
legislation because it is an appropriate Federal response to start us 
down the road to guarantee to the American people that our State 
election process will, in fact, count every vote. It is the way that we 
should begin. It is good legislation, I urge my colleagues to support 
it, but let us not lose sight of the fact that we have a long way to 
go.
  Mr. Speaker, I rise today in strong support of H.R. 3295, the Help 
America Vote Act. I want to commend the House Administration Committee 
for working in a bipartisan manner to bring this legislation to the 
floor. I am pleased to be an original co-sponsor of this very important 
legislation.
  It has been a full year since the contested presidential election of 
2000 which tested our democratic institutions. Last year the American 
people understood that our democratic process is more important than 
the victor, and the Americans accepted the outcome as final. That said, 
we must ensure that we as a nation never have to go through such an 
experience again. There must never be a question as to whether every 
vote was counted. We are the strongest democracy in the world and every 
American must be secure in knowing that his or her vote counts.
  Mr. Speaker, this landmark legislation authorizes $2.25 billion for 
fiscal years 2002 through 2004 for payments to states for specified 
activities related to administering elections. In order to receive 
federal funding under this program, states must provide at least a 25% 
match of the federal funds. The bill authorizes the use of funds for 
states to replace punch card voting systems with more reliable voting 
systems, or to upgrade their existing voting equipment. Specifically, 
the bill authorizes $400 million for one-time payments to states or 
counties to replace current punch card voting machines with more 
reliable systems in time for the November 2002 elections.
  The bill also establishes an Election Assistance Commission, with a 
$10 million annual budget, that would serve as a clearinghouse for 
information on federal elections, oversee the development of voluntary 
election standards, and provide funds to states to improve election 
administration. The bill also includes provisions intended to 
facilitate absentee voting by military and other overseas voters.
  The bill requires states to adopt minimum election standards, and to 
make several important changes in their voting systems, including: a 
statewide voter registration system linked to local jurisdictions; in-
precinct provisional voting when questions arise about a voter's 
eligibility; a system for maintaining the accuracy of voter 
registration records; uniform standards defining what constitutes a 
vote on different types of voting equipment; assurances that military 
and overseas voters will have their votes counted; assurances that 
voters have the opportunity to correct errors; and practical and 
effective means for voters with disabilities to cast secret ballots.
  Mr. Speaker, I am also aware that for some civil rights organizations 
that this legislation does not go far enough to ensure every American's 
right to vote and to have every vote counted. I sympathize with this 
view, and would like to note that I am a co-sponsor of H.R. 1170, the 
Equal Protection of Voting Rights Act, introduced by the ranking member 
of the Judiciary Committee, Mr. Conyers. H.R. 1170 seeks to strengthen 
federal Voting Rights Act protections for citizens pursuant to the 
guidelines set down by the United States Supreme Court in Bush v. Gore. 
In some respects H.R. 1170 goes farther to strengthen voting rights 
protections than H.R. 3295, and I would therefore urge the Judiciary 
Committee to mark up and report this legislation to the full House 
during the second session of the 107th Congress.

  However, Mr. Speaker, we cannot allow the perfect to be the enemy of 
the good. The Help America Vote Act provides unprecedented federal 
resources to the states to modernize and upgrade their voting systems. 
The bill also requires states to adopt minimum election standards that 
will ensure that every vote is counted.
  There are other very important provisions in H.R. 3295 that I would 
like to address.
  For example, the bill strengthens existing civil rights protections. 
The bill is the first legislation to be reported by a house Committee 
that specifically requires state compliance ``with the existing 
applicable requirements'' of the ADA in the administration of 
elections. By expressly linking the ADA to elections, H.R. 3295 will 
give courts solid legislative foundation to apply ADA protections to 
the voting process. Moreover, one of the eligibility requirements for 
election assistance funding under H.R. 3295 is that there be at least 
one voting system available in each precinct or polling place that is 
fully accessible to voters with disabilities. Furthermore, it must be 
noted that the Help America Vote Act requires states

[[Page H9294]]

to certify that they are in compliance with the ADA, the Voting Rights 
Act, the Voting Accessibility for the Elderly and Handicapped Act, and 
the National Voter Registration Act.
  In addition, the legislation addresses the second-chance voting 
requirement. The bill clearly prescribes that states must adopt an 
election standards that assures that voters have the opportunity to 
correct errors. Furthermore, H.R. 3295 requires jurisdictions that 
currently have voting machines that can detect errors to use that 
error-detection capability, and that all new voting machines purchased 
must be capable of detecting errors so that voters may correct possible 
errors.
  The legislation also provides for voter education. Part of the $2.25 
billion provided for states authorizes that states to ``educate voters 
about their rights and responsibilities.''
  In conclusion, Mr. Speaker, Congress and the states have a lot of 
work to do before the next Presidential election in 2004. Voting is our 
most basic right, and Congress must take a role to ensure that all 
states have modern voting equipment that will count every vote 
accurately and fairly. Anything less than that weakens our democracy. I 
urge my colleagues to support H.R. 3295 as a critical first step in 
strengthening our democratic process.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished 
gentlewoman from Oregon (Ms. Hooley).
  Ms. HOOLEY of Oregon. Mr. Speaker, first I would like to thank the 
gentleman from Ohio (Mr. Ney) and the gentleman from Maryland (Mr. 
Hoyer) and the committee for the terrific job they have done on a piece 
of legislation that we need to pass.
  I rise today to engage in a colloquy with my colleague from Maryland.
  Millions of Americans now enjoy the convenience and security of 
voting at home by absentee ballot or, in my State, through an all vote 
by mail system. Is there anything in this bill that would define the 
home as a polling place with the intention of stopping or curbing 
absentee and at-home voting or, as we know it, vote by mail?
  Mr. HOYER. Mr. Speaker, will the gentlewoman yield?
  Ms. HOOLEY of Oregon. I yield to the gentleman from Maryland.
  Mr. HOYER. I appreciate the gentlewoman's request for clarification. 
I want to say emphatically, nothing in this bill defines anyone's home, 
nor do we interpret in any way a home as being included as a polling 
place with the intention of stopping or curbing absentee and at-home 
voting.
  In recognition of Oregon's all-mail voting law, the bill exempted 
Oregon and other States with all-mail voting from the provisional 
voting requirements applicable to polling places. So nothing in this 
bill should be of concern to your State's all-mail voting process.
  Ms. HOOLEY of Oregon. I thank the gentleman.
  Mr. Speaker, I include the following letter for the Record:

                                                  State of Oregon,


                                                State Capitol,

                                      Salem, OR, December 3, 2001.
     Hon. Darlene Hooley,
     House of Representatives, Longworth Building, Washington, DC.
       Dear Representative Hooley: It has come to my attention 
     that H.R. 3295, the Ney-Hoyer elections reform bill, may come 
     to a vote in the House as early as this week. I support this 
     legislation but I request your assistance in seeking 
     clarification on one section of the bill prior to a vote of 
     the House. Clarification of this section could be very 
     important in protecting Oregon's vote-by-mail system, which 
     as you know is supported by an overwhelming majority of 
     Oregonians.
       Subtitle B--Voluntary Elections Standards, Section 221 
     (a)(1)(B), states that ``The Standards should provide that 
     voters have the opportunity to correct errors at the precinct 
     or other polling place, either within the voting equipment 
     itself or in the operational guidelines to administrators for 
     using the equipment, under conditions which assure privacy to 
     the voter.''
       I believe we need a clarification or assurance from the 
     sponsors that they do not define the home as a polling place 
     in a vote-by-mail or absentee voting environment. If the 
     standard above were interpreted as applying to a home, it 
     would have the effect of banning Oregon's vote-by-mail system 
     for federal elections and absentee voting for federal 
     elections in all states that allow it. It is hard to believe 
     that the drafters intended to do such a thing, but a 
     clarification could clear up any potential questions.
       Thank you for your assistance in this matter. If you have 
     any questions, contact Deputy Secretary of State Paddy 
     McGuire or me at 503-986-1523.
           My Best,
                                                    Bill Bradbury,
                                               Secretary of State.

  Mr. HOYER. Mr. Speaker, I yield 2 minutes to the gentleman from North 
Carolina (Mr. Price), one of our most distinguished members, a 
professor of political science, the author of many books on politics, 
who probably understands the election system as well as any of us.
  (Mr. PRICE of North Carolina asked and was given permission to revise 
and extend his remarks.)
  Mr. PRICE of North Carolina. Mr. Speaker, I thank the gentleman for 
his kind words, and I am proud to stand in support of this bill.
  Mr. Speaker, last year's election revealed dangerous cracks in our 
voting system. This was most obvious in Florida where a month-long 
spectacle left Americans skeptical of the fairness and the legitimacy 
of our election system. But the problems were not limited to Florida. 
Studies have indicated that the votes of more than 6 million Americans 
went uncounted during last year's election cycle. The American people 
deserve better than that. They expect real election reform that ensures 
that every single vote counts and is counted.
  H.R. 3295 takes a significant step toward improving the integrity of 
the election system and making certain that every vote will count. The 
bill grants $2.25 billion to help States educate voters about their 
rights; to improve equipment, ballots, and voter instruction; to 
recruit and train poll workers, and to improve access for disabled 
voters. The States would be required to implement basic standards for 
fair and accurate voting. This would include a statewide voter 
registration system linked to every jurisdiction, in-precinct 
provisional voting for voters whose credentials are challenged, and 
means for voters with disabilities to cast secret ballots.
  H.R. 3295 also incorporates and builds on legislation I helped 
author, the Voting Improvement Act, H.R. 775. In particular, it would 
provide $400 million, up to $6,000 per precinct, to buy out unreliable 
and outdated punch card machines, the type of equipment that has the 
highest error rate.
  Punch card machine use is widespread. Thirty-four percent of the 
American people cast their votes on this kind of machinery, including 
eight counties in my State of North Carolina. But a 12-year study done 
by CalTech and MIT found the spoilage rate for punch cards was 
unacceptably high, almost 3 percent nationwide. That means a million 
votes have been lost since 1988 due to punch card machine error and 
malfunction.
  Mr. Speaker, now more than ever, we need to make certain that every 
American can participate fully and with confidence in our democratic 
form of government. We must ensure that every vote is counted. I urge 
my colleagues to take a significant step toward achieving this goal by 
joining me in support of H.R. 3295.
  Mr. HOYER. Mr. Speaker, I yield 30 seconds to the distinguished 
gentlewoman from New York (Mrs. Maloney) who has done as much for 
counting every American as anybody in America and who has done as much 
for overseas voters as anybody in America working with our colleague, 
the gentleman from New York (Mr. Reynolds).
  (Mrs. MALONEY of New York asked and was given permission to revise 
and extend her remarks.)
  Mrs. MALONEY of New York. Mr. Speaker, I thank the gentleman for his 
kind words and his leadership and congratulate him and the gentleman 
from Ohio (Mr. Ney) for bringing this important bill to the floor which 
takes steps to correct the registration balloting and vote counting 
problems that disenfranchised so many Americans last year.
  I also want to thank my good friend from the great State of New York 
(Mr. Reynolds) for being an important voice for the voting rights of 
Americans living abroad. We introduced a bill together, the Uniformed 
and Overseas Citizen Absentee Voting Reform Act and many of the 
elements of this bill are incorporated in the underlying important 
bill.
  Though this legislation isn't perfect it's a positive step toward 
preventing another presidential election fiasco. The bill includes 
several improvements to the election process, including authorizing 
funds to help states and counties replace outdated punch card voting

[[Page H9295]]

systems. In addition, the bill establishes a minimum standard for state 
election systems to ensure that votes cast on all types of equipment 
are counted.
  I would like to take a moment to discuss my concerns about the 
difficulty of Americans living abroad and participating in our election 
process. Congressman Reynolds and I introduced H.R. 1997, the Uniformed 
and Overseas Citizen Absentee Voting Reform Act of 2001. Though not all 
of the provisions of that legislation are included in this bill, this 
legislation does include many helpful provisions.
  One would allow an absentee ballot application to apply to two 
consecutive general federal elections. These applications can be 
particularly difficult to obtain for overseas residents whose Board of 
Election in the U.S. do not keep regular business hours.
  Another provision requiring the collection and publication of 
statistics on overseas voting by the states will fill a serious gap in 
our overseas voting monitoring system. The legislation also contains 
provisions to promote participation in voting assistance programs. They 
include providing voting assistance officers on military installations, 
and designating an office in each state, whose sole responsibility is 
to provide information on voter registration procedures and an absentee 
ballot application to any overseas citizen.
  Passing the Help American Vote Act of 2001 would be a victory for the 
Democratic process. I urge a ``yes'' vote.
  Mr. NEY. Mr. Speaker, I yield 1 minute to the gentleman from Indiana 
(Mr. Pence).
  (Mr. PENCE asked and was given permission to revise and extend his 
remarks.)
  Mr. PENCE. Mr. Speaker, I rise today in support of the Help America 
Vote Act and would like to commend Chairman Ney and Ranking Member 
Hoyer for their unyielding and bipartisan work on this important 
legislation.
  I also want to commend my colleagues who have taken to the floor 
today to talk about an issue that many of us 12 months ago would have 
found much more contentious than we have heard today. Long before there 
were wars and long before threats of anthrax on this Hill, we found 
ourselves locked as a Nation in a battle over the very integrity of the 
electoral process in America. In a bipartisan way, Chairman Ney and 
Ranking Member Hoyer and the members of the relevant committee have 
come together and said, here is how we can come together to improve the 
very integrity of the electoral system, leaving past controversies over 
elections in the past, where they belong.
  The Help America Vote Act will allow us to strengthen voter list 
management, voting standards, overseas military votes and even 
encourage the Nation's youth to participate more in our elections. And 
without encroaching upon States' rights in elections, we will also 
provide much needed resources for new machines.
  I urge all of my colleagues to support this important bipartisan 
measure and strengthen the American voting system.
  Mr. HOYER. Mr. Speaker, it gives me a great deal of pleasure to yield 
1\1/4\ minutes to the distinguished gentlewoman from Texas (Ms. Eddie 
Bernice Johnson), chair of the Congressional Black Caucus.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, let me quickly 
express my appreciation for the leadership of the gentleman from Ohio 
(Mr. Ney) and the gentleman from Maryland (Mr. Hoyer). It has not been 
an easy job for them, and I understand that because I have been in 
touch this entire year. They have reached out and attempted to address 
what we consider a very fundamental right in any democracy, and most 
especially this one.
  Winning and losing is all a part of a democracy. All of us can accept 
that, as long as we know that we can look upon this board and count the 
numbers correctly and get the results. The least we ask is for when 
people vote, that their votes be counted. We must make sure that their 
votes can be counted with the machinery that is needed.
  I can appreciate the positive points in this bill of assisting those 
States who need assistance to implement this bill. I am hoping that as 
this bill moves along that it will be corrected and improved with more 
collaboration with the Senate side in conference. I do feel, however, 
that this is a step in the right direction.
  Mr. HOYER. Mr. Speaker, I am pleased to yield 30 seconds to the 
distinguished gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, let me thank the gentleman 
from Ohio (Mr. Ney) and the gentleman from Maryland (Mr. Hoyer). After 
the Florida election debacle, we deserve a response. I would only say 
that this is a step in the right direction. The gentleman from Maryland 
knows that I would have voted against the rule and I am supporting the 
motion to recommit to address the disabilities issues and a lot of the 
civil rights issues, not specifically addressed in the Election Reform 
bill. I believe that this Congress must have a bill that can be signed 
by the President that includes the Conyers and Dodd legislative 
provision on Election Reform. But I do believe we have made the right 
decision to address the need for Election Reform by debating this 
legislation today.
  Let me close by saying no matter what we do in election reform, we 
have to make sure we have a national holiday. I hope we will address 
H.R. 934 that provides us a national holiday that is different from 
Veterans Day to ensure that we all can vote, but we must move forward 
so that we can answer the questions raised by of the American people by 
confirming that every single vote must count.
  Mr. Speaker, last week the House Judiciary Committee held a hearing 
on H.R. 3295, the ``Help America Vote Act of 2001'' and addressed one 
of the most important issues in America today: electoral reform.
  I was pleased that the Judiciary Committee continued to address this 
serious issue, so that we can finally remedy the systemic 
disenfranchisement of voters evinced most dramatically and tragically 
by the 2000 presidential election.
  The need for comprehensive electoral reform legislation is great. 
According to a report issued by Caltech and MIT, as many as 6 million 
Americans were denied their fundamental right to vote and to have their 
votes counted. More recently, in last month's Houston Mayoral runoff in 
Harris County, Texas, which I represent, a computer problem cut off 
access to the county's voter registration data base. As a result, 
voters were either turned away from the polls or were told by election 
officials that they could only vote if they had voter registration 
cards. Many could not vote at all.
  The legislation before us today, H.R. 3295, is one of numerous 
efforts to reform a system which clearly needs fixing. As the Chair of 
the Congressional Election Reform Caucus, I applaud such efforts and 
would like to thank Congressman Ney and Hoyer for their efforts. 
However, I am concerned with several problematic provisions in the bill 
which have the potential for the bill to fall short of the kind of 
comprehensive legislation that would ensure that every American's vote 
is cast and counted, particularly the aspect of the legislation that 
makes these standards voluntary and not mandatory.
  I am particularly offended by the decision of the Rules Committee to 
preclude amendments to this legislation which would remedy several 
provisions that need correcting. For example, under Congressman 
Menendez's proposed amendment, provisional voting which would help 
eliminate voting disparity, would have been included in the bill. 
Similarly, an amendment by Congressman Danny K. Davis would have 
addressed the very serious problems of voter intimidation and fraud. 
Unfortunately, because of the closed rule, productive provisions like 
these will not appear in this bill.
  Opponents of this bill in its current state make a compelling 
argument that it may actually reverse voting protections as provided 
under current law. First and foremost, the bill lacks standards 
requiring accessibility to voting for language minorities, disabled 
voters, and the elderly. Additionally, the bill lacks standards for 
voting rights education and for educating voters as to where and how to 
vote. Moreover, the minimum standards included in the bill are 
generally unenforceable because actions can only be taken against a 
state for failing to meet ``standards'' if the newly created federal 
agency receives credible information that the state has submitted false 
information. As such, the new agency would have no authority to gather 
information from the states.
  Other problematic provisions are numerous. For example, the bill 
fails to ensure that Americans are allowed to cast important 
provisional ballots where their eligibility is questioned at the polls. 
The bill fails to ensure, regardless of race or ethnicity, that the 
voters have access to voting machines that perform accurately. The bill 
also deviates from current federal law by allowing for voter names to 
be ``purged'' from the voting rolls, and fails to provide protections 
ensured by computerized statewide voter registration lists. Finally, 
the bill fails to ensure that voters with disabilities are adequately 
assured of their voting rights, and fails

[[Page H9296]]

to ensure that all voters have access to machines that are easily and 
universally operable.
  Alternatively, I believe that we should strongly consider the recent 
bi-partisan efforts of Senators Dodd and Daschle, and Representatives 
Conyers and Morella in their recent introduction of S. 565/H.R. 1170, 
the ``Equal Protection of Voting Rights Act''. This bill would provide 
greatly needed grants to states and localities for federal election 
administration systems that are part of state plans developed by the 
Governors and approved by the U.S. Attorney General. The requirements 
in the above legislature, S. 565/H.R. 1170 are mandatory. I am an 
original co-sponsor of that legislation.

  Under H.R. 1170, states would have to include uniform national 
standards for accessibility, nondiscriminatory standards addressing 
election technology, provisional voting and sample ballots, and would 
be mandated to provide funds for voter education and worker training 
programs. Additionally, a truly bipartisan Commission on Voting Rights 
and Procedures would be created, consisting of 12 members; 6 appointed 
by the President, 3 appointed by Senate Minority Leader, and 3 
appointed by House Minority Leader. The Commission would examine 
issues, develop ``best practices'' and issue a report within one year.
  The report would include consideration of the best ways for the 
federal government to permanently assist state and local governments. 
H.R. 1170 is an important effort on behalf of America's right to vote 
deserving of all of our support.
  Additionally, I would like to raise several key issues not addressed 
in either bill which are deserving of our attention. First, beyond the 
egregious voting irregularities already noted, millions of Americans 
were denied their fundamental right to vote simply because they were 
unable to vote due to prior work commitments. This is the phenomenon of 
voting disparity present in most elections in America between those who 
can afford to take time off work to vote and those who cannot. In fact, 
this perpetual disparity threatens the very fabric of our 
representational democracy.
  In August, 2001 the non-partisan National Commission on Federal 
Election Reform, also known as the ``Ford-Carter Commission'' attempted 
to remedy this problem when it issued its policy recommendations with 
respect to electoral reform. Its premature recommendation for an 
Election Day holiday was as follows: ``in evenly numbered years the 
Veterans Day national holiday be held on the Tuesday next after the 
first Monday in November also serve as our Election Day.''
  I take exception with this recommendation because it is precisely 
because of the sacrifices made by our Nation's Veterans for our 
freedom, our flag, and the American people that we are today able to 
vote. Their sacrifice, particularly in light of the September 11 
attacks and the ongoing war on terror, reminds us that we cannot take 
our freedoms and democracy for granted. As such, this important day 
should be preserved and honored at all costs. That's why, on March 7, 
2001 I introduced H.R. 934 which ensures that the fundamental right to 
vote is guaranteed to every citizen of the United States without 
interference with Veterans Day. H.R. 934 establishes Presidential 
Election Day on the Tuesday next after the first Monday in November in 
2004 and each fourth year thereafter, as a legal public holiday so that 
all Americans can vote irrespective of their economic status. 
Importantly, it also recognizes the sacrifices of Veterans and the 
sanctity of Veterans Day by ensuring that Election Day never falls on 
Veterans Day.
  I feel strongly that these issues should be noted in any discussion 
related to electoral reform.
  While I thank the sponsors of H.R. 3295 for their efforts to reform 
our badly corrupted election system, the bill is lacking in several key 
areas, where other bills do not. The many areas for improvement in this 
bill should be addressed.
  Mr. HOYER. Mr. Speaker, it gives me a great deal of pleasure to yield 
1 minute to one of my very good friends in this House, the gentlewoman 
from Florida (Mrs. Meek), who represents so ably South Florida, a 
former member of the State Senate.
  Mrs. MEEK of Florida. Mr. Speaker, I thank the gentleman from 
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) for giving 
me this opportunity. It took me a very long time to get here. My father 
and my mother could not have stood here and expressed themselves as I 
am going to do today. I am thankful for that opportunity. It could be 
better, but we are at the point now to make it as good as we can.
  Some good writer said a long time ago that perfect should not be the 
enemy of the good. I repeat it. Perfect should not be the enemy of the 
good. This bill is not a perfect bill, but it is a very perfect step. 
Many of the things that we have wished for and as I stood with my poor 
colleagues and poor constituents in Florida on Election Day, had you 
been there with me, you would have been happy today to come here and 
say ``yes'' on this bill, because you will have told this country you 
have helped America understand that even though how lowly or where they 
come from or what their nationality is, that this Congress would one 
day address this, even if by minimal standards only.
  I want to thank again the gentleman from Maryland and the gentleman 
from Ohio for this bill.
  Mr. HOYER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Davis), one of the members of the Committee on House 
Administration who, as a freshman, was the Democratic leader with the 
Republican leader that worked together on election reform. He has been 
one of the most tenacious and effective advocates of meaningful 
election reform.
  Mr. DAVIS of Florida. Mr. Speaker, at stake on Election Day was not 
just the selection of Al Gore or George W. Bush as President of the 
United States. What was at stake was the legitimacy of the process by 
which we made that choice. The bitter truth is that in Florida, my home 
State, the margin of error exceeded the margin of victory. Our fragile 
and somewhat faulty election system collapsed under the weight of the 
most closely contested presidential election in my lifetime.
  The ultimate tragedy was that one year ago today when the Supreme 
Court effectively ended the recount, many Americans who voted on the 
losing side of that race had lost confidence in the legitimacy of the 
process. My State, Florida, as well as many other States, has been 
through as much soul searching on this problem and how to avoid 
repeating it than probably any State in the country. We came to some 
clear conclusions that were adopted in a State law that was enacted in 
Florida earlier this year. The crux of that solution, which is 
addressed in this bill today, is to replace the punch card machine with 
a technology that allows the voter the opportunity to verify that his 
or her vote is both complete and accurate.
  This bill authorizes $400 million to Florida and States across the 
country to make that change. At a time in which the economy is dipping 
and State and local revenue is at a shortage, it is more important than 
ever that we adopt this bill and appropriate the entire $2.65 billion 
not just to replace the punch card machine but to educate voters, to 
train and recruit poll workers so that what happened in Florida will 
never happen again throughout the entire country. And when we have the 
next election for President or any election, regardless of how people 
vote, they will have confidence in the legitimacy of the process by 
which we as a democracy select our leaders.
  Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from 
Virginia (Mr. Moran).

                              {time}  1445

  Mr. MORAN of Virginia. Mr. Speaker, the greatest democracy in the 
world deserves the best and most equitable electoral system. This bill 
will restore voter turnout and, most importantly, voter confidence. 
What happened a year ago was neither fair nor right. It was not fair to 
either of the candidates. This will ensure that we have fair, equitable 
elections; and I strongly urge unanimous support for this bill.
  This legislation will ensure that all votes cast in elections count. 
It will assure that all states must meet minimum voting standards. It 
will also establish a new federal agency, the Elections Assistance 
Commission, to develop standards for voter registration, voter 
assistance programs for those citizens who serve in the military or 
live abroad, and vote counting.
  The Ney-Hoyer bill also mandates that those jurisdictions that are 
receiving funds under the punch card replacement program, must consider 
the use of new technology by citizens with physical disabilities such 
as blindness.
  Let us send a message to the American people, to our students and 
newly naturalized citizens eager to vote for the first time. Let that 
message be that we will build the best, most equitable electoral system 
possible.
  This legislation is our best chance of increasing voter turnout and 
voter confidence in our electoral system.

[[Page H9297]]

  I urge my colleagues today to vote for fair, democratic elections, by 
voting for the Help America Vote Act of 2001.
  Mr. HOYER. Mr. Chairman, I yield myself 40 seconds to enter into a 
colloquy with the gentleman from Ohio (Mr. Ney).
  Mr. Speaker, I have heard from some individuals who are concerned, as 
I am, that the section in this bill that clarifies the National Voter 
Registration Act, section 902(a), does not make reference to subsection 
(e) of 1973gg-6 of that act.
  Is it the gentleman's understanding that this subsection (e) will 
remain in full force and effect with the passage of this bill?
  Mr. NEY. Mr. Speaker, will the gentleman yield?
  Mr. HOYER. I yield to the gentleman from Ohio.
  Mr. NEY. To answer the question, Mr. Speaker, and to my distinguished 
colleague, yes. As the bill says in section 903, nothing in this bill 
shall supercede, restrict or limit the application of NVRA. Of course, 
subsection (e) remains in the law in full force and effect exactly as 
it is now, and this bill would not change that.
  Mr. HOYER. Mr. Speaker, reclaiming my time, I thank the gentleman. I 
would say to my colleagues that I am very concerned about provisional 
voting. It needs to be real. That is why I took such care to make sure 
that the National Voter Registration Act, known as motor voter, was not 
adversely affected in any way. I appreciate the chairman's assertion.
  Mr. Speaker, I am pleased to yield 30 seconds to my friend, the 
gentleman from New York (Mr. Boehlert), I might say at the request of 
my distinguished chairman. I am pleased to accede to his request.
  Mr. BOEHLERT. Mr. Speaker, the gentleman is getting much too 
conservative in his advanced years.
  Mr. Speaker, I am especially pleased that the bill includes 
provisions of H.R. 2275, our Committee on Science's bill to reform 
voting technology standards. Standards are technical and arcane and 
obscure and sometimes even boring, but they can make the difference 
between having voting equipment that correctly tallies the public's 
votes and sowing confusion and chaos.
  Our bill gives the lead role in developing standards to the National 
Institute of Standards and Technology, which is a premier Federal lab 
with unparalleled expertise in standards. We ensure that the best 
technical minds in the country will work with Federal, State and local 
officials on developing standards and on certifying the labs that will 
determine whether the standards are met.
  The SPEAKER pro tempore (Mr. LaHood). Both sides have 2\1/4\ minutes 
remaining. The gentleman from Ohio (Mr. Ney) has the right to close.
  Mr. HOYER. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Illinois (Mr. Jackson).
  (Mr. JACKSON of Illinois asked and was given permission to revise and 
extend his remarks.)
  Mr. JACKSON of Illinois. Mr. Speaker, I rise in strong opposition to 
H.R. 3295. As it is currently drafted, the Help America Vote Act of 
2001 plainly fails to address the grave problems so many Americans 
faced in the 2000 elections and continued to face this year.

  In our democracy, we must apply a gold standard when it comes to 
creating a fair, effective, and efficient electoral system. Americans 
citizens have fought, bled and died to protect all citizens from 
discrimination in their ability to vote. Therefore, the bloodied nose 
of the Rev. C.T. Vivian, and the use of fire hoses and the jailing of 
children to prevent some Americans from voting, must not be forgotten. 
The deaths of Schwerner, Goodman and Cheney must not be in vain. The 
struggle and advances in the 1965 Voting Rights Act and its extension 
and expansions in 1970, 1975, and 1982 must not be undercut. The Motor 
Voter Act must not be made less effective.
  Congress needs to ensure that when it passes election reform 
legislation it truly solves the problems that voters throughout our 
nation encounter as they cast their ballots. Comprehensive electoral 
reform must move us forward with minimum mandatory standards that 
ensure uniformity and nondiscrimination. Under these standards all 
voters must have effective machinery that allows them to cast the vote 
they intend and to correct their ballot if they make a mistake. 
Comprehensive electoral reform must guarantee that legally registered 
voters are not erroneously purged from registration rolls, that voters 
are notified of and given the opportunity to cast provisional ballots, 
and finally, it must require that voters are informed of their rights 
under state and federal law. The one bill that goes the distance and 
addresses these problems head on is the Equal Protection of Voting 
Rights Act of 2001, introduced by Senator Christopher Dodd and 
Congressman John Conyers.
  A simple examination of the details of the Help America Vote Act 
makes clear that there are serious problems that prevent it from 
bringing about true election reform and which actually take steps 
backward.
  H.R. 3295 has inadequate minimum standards for machinery. It does not 
ensure that voting systems, even those newly purchased with federal 
monies, will be accessible, give the voter notice of overvotes and 
undervotes and the opportunity to correct their ballot before it is 
cast, and will meet a national error rate standard. Comprehensive 
electoral reform must provide these minimum requirements for all voting 
machines if it is to correct the problems that voters all over our 
nation faced on election day 2000 and 2001.
  H.R. 3295 creates a loophole that allows states to opt out of 
provisional balloting. Provisional balloting is critical to ensure that 
registered voters have the ability to cast provisional ballots when 
there is confusion over issues of registration, identification or 
voting rights at the polling place. H.R. 3295 allows states to adopt 
``an alternative'' to provisional balloting which in practice will 
undermine the access to and uniformity of provisional ballots. 
Furthermore, H.R. 3295 does nothing to guarantee that voters are aware 
of their right to cast a provisional ballot. More often than not, 
election officials do not provide adequate notification to voters that 
they can cast a provisional ballot. Therefore, for a provisional ballot 
measure to be meaningful and be a true safeguard, as it is intended to 
be, it must require that election officials notify voters that they can 
receive a provisional ballot and also notify the voter of the final 
result. Problems with registration cannot be remedied unless voters 
know whether their ballot is counted.
  H.R. 3295 rolls back existing federal law that protects people from 
being purged if they have not voted. Two provisions in H.R. 3295 take a 
significant step backward to undermine the protections provided to 
voters against purging for erroneous information. These provisions turn 
the National Voter Registration Act of 1993 (the ``NVRA'') on its head 
by allowing state officials to remove individuals from registration 
lists because they have not voted in two successive federal elections 
and then don't respond to a notice. Current federal law does not allow 
voters to be purged from the rolls for not voting. However, the 
language of H.R. 3295 appears to allow such a practice and specifically 
amends a section of the National Voter Registration Act to change 
language which prevents voters from being purged for not voting. (See 
H.R. 3295, Section 502(2)(a) and Section 902(a)). Under these 
provisions, voters will be disenfranchised because the result of the 
purge is that they are not properly registered and, thus, cannot then 
have the safeguard of a provisional ballot to vote.
  Additionally, H.R. 3295, as it is currently drafted, also eliminates 
the ``fail safe'' provision of the NVRA which allows voters to correct 
erroneous information that caused the purge and then confirm their 
address in writing so that they can cast their ballot at the polling 
place. (42 U.S.C. Sec. 1973gg-6(g)). Without this provision voters can 
be removed from the polls with no opportunity to correct inaccurate 
information and will also not be able to cast an effective provisional 
ballot because the erroneous registration information drops them from 
the registration list so election officials will be unable to count the 
provisional ballot.
  Finally, H.R. 3295 does not require full compliance with federal 
voting rights laws and offers no check on states to make sure they are 
in compliance. It is essential to election reform that as states 
contemplate how they will spend federal money there is a means to 
ensure that they are currently in compliance with existing federal 
voting rights laws. H.R. 3295 offers no such provision. This bill by 
simply allowing states to self certify their compliance, and only in 
area of ``administering election systems'' (which narrows where states 
need to be in compliance), offers no real protection for taxpayers as 
states spend millions of federal dollars without having to be in 
compliance with federal law. True election reform must have in place a 
mechanism that requires the Attorney General to check for compliance 
prior to releasing funds for electoral reform.
  These provisions make clear, and other elements of the legislation 
confirm, that H.R. 3295, cannot meet the concerns and problems that 
voters continue to face at polling places around the country. Going 
part of the way, as H.R. 3295 would have us do, and turning back the 
clock on important current voting rights laws, is not an acceptable 
legislative compromise, but a compromise of principle of the right to 
vote. True election reform must safeguard existing law and then move to 
solve the problems

[[Page H9298]]

  I urge members to vote ``no.''
  Mr. HOYER. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, we have come to a time after 11\1/2\ months of work on a 
bill which, although there is still controversy attached to it, has 
created, I think, great consensus. That consensus has been articulated 
on this floor, and that consensus is a conviction that every American 
ought to be assured the right to vote, full access to the polls and 
education so they know what they are voting for or against, and 
assistance in making sure that their vote is accurately cast.
  In addition, we dedicate resources to ensure that the technology, 
once that citizen has voted, to make sure that that citizen's vote is 
correctly counted. As has been said on both sides of the aisle, it is 
central to democracy that that happen.
  The former Governor of Delaware, one of our most respected 
colleagues, the gentleman from Delaware (Mr. Castle), said it best, 
that when on election day we vote and Americans go to the polls, both 
Presidents and paupers go to the polling place, and each will have his 
or her vote counted, and it will count equally.
  That is the majesty of America; that is the general use of our 
democracy. That is central to our philosophy, and it must be our 
continuing commitment. For when one American's vote is not counted, 
when one American is prohibited by whatever means from coming to the 
polls, from casting their ballot, from participating in democracy, we 
lessen that democracy, and we lessen the promise of our Founding 
Fathers.
  The gentlewoman from Florida (Ms. Brown) said it best I think on this 
floor: ``This bill perhaps is not perfect, but it is,'' as she said, 
``a perfect beginning.''
  Mr. Speaker, I urge all of my colleagues to vote for the Help America 
Vote Act.
  Mr. NEY. Mr. Speaker, I yield 1 minute to the gentleman from Illinois 
(Mr. Kirk).
  (Mr. KIRK asked and was given permission to revise and extend his 
remarks.)
  Mr. KIRK. Mr. Speaker, I would like to thank the gentleman from Ohio 
(Chairman Ney), the gentleman from California (Chairman Thomas), the 
gentleman from Maryland (Mr. Hoyer), the gentleman from Rhode Island 
(Mr. Langevin), and the gentleman from New York (Mr. Reynolds) for 
their support for my language which will allow polling places near 
military families.
  This language clarifies an arcane statute that outlaws ``military 
presence at voting facilities.'' It allowed the Department of Defense 
to vastly overreach their legislative authority in 1999 to ban polling 
on military bases. Nothing damages the military franchise more than 
this action.
  The U.S. Code that our language amends was enacted in 1865 in 
response to irregularities during the 1863 elections. At that time it 
was an appropriate response. However, the 1999 DOD interpretation made 
voting for our men and women in uniform very difficult. When the DOD 
issued the directive to base commanders banning voting, it forced 
existing polling places to be closed; and according to CRS in an April 
2000 survey, at least 20 States had to close polling places that were 
vulnerable. Some of these places had been voting for over 15 years.
  It is time to return control of voting to local officials. I applaud 
the gentleman for putting this in and assuring that our military 
franchise is upheld.
  Mr. NEY. Mr. Speaker, I yield 25 seconds to the gentleman from 
California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Speaker, I thank the gentleman for yielding me 
time.
  Mr. Speaker, both sides had problems with the election. I think the 
number one thing that upset me was the dispatchment of hundreds of 
lawyers trying to disenfranchise our military from voting based on 
technicalities. I am also glad that this bill allows our military to 
vote on bases, because many of those young men and women cannot get off 
base for transportation. I want to thank both Members for this.
  I would also like to thank the gentleman from Ohio (Mr. Ney) for 
during the anthrax scare on the Committee on House Administration, for 
his team working diligently with the gentleman from Maryland (Mr. 
Hoyer) in correcting that.
  Mr. NEY. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, in conclusion, let me just say that our patriots who 
founded this country and the veterans have over the years sacrificed 
for the greatest democracy, which we are humble to be a part of.
  Langston Hughes, the great American poet, said, ``Dream your dreams; 
be willing to pay the sacrifice to make them come true.''
  Many people have sacrificed to have our democracy so we can have our 
debate. What we are doing today is coming together to keep that dream 
alive, to keep it moving, and to help America vote.
  I urge support of the bill.
  Mr. HOYER. Mr. Speaker, I submit for the Record a clarification 
concerning Section 502(7) on line 16 of H.R. 3295, Union Calendar 201, 
regarding the term ``error.'' In using the term ``error'', the 
Committee on House Administration referred to the findings of the 
National Commission on Federal Election Reform, also known as the 
``Ford-Carter Commission.''
  The Commission's definition of ``error'' is set forth in the 
accompanying letter from Philip Zelikow, executive director of the 
National Commission on Federal Election Reform, to me and dated 
November 16, 2001. It responds to a letter sent by me dated November 
14, 2001. In complying with the Minimum Standard, the Committee on 
House Administration expects states and jurisdictions to buy voting 
machines that detect errors of the kind described in the letter, 
commonly referred to as ``overvotes,'' ``undervotes,'' and ``residual 
votes.''
  The two letters follow:

                                         House of Representatives,


                            Committee on House Administration,

                                Washington, DC, November 14, 2001.
     Mr. Philip D. Zelikow,
     Executive Director, The National Commission on Election 
         Reform, Charlottesville, VA.
       Dear Director Zelikow: In an effort to craft Federal policy 
     addressing electoral reform recommendations contained in the 
     Commission's report, the Commission's use of the word 
     ``error'' has sparked much attention and debate. I would very 
     much appreciate a response containing a definition of what 
     the Commission contemplated in using the word ``error'' in 
     the context of the Ford--Carter Commission report. I will use 
     your letter to establish the legislative record regarding 
     electoral reform legislation.
       With kindest regards, I am
           Sincerely yours,
      Steny H. Hoyer.
                                  ____

                                           The National Commission


                                    On Federal Election Reform

                                                November 16, 2001.
     Congressman Steny Hoyer,
     House of Representatives, Longworth Office Building, 
         Washington, DC.
       Dear Congressman Hoyer: Thank you for your letter of 
     November 14. You asked how the Commission defined voter error 
     in the context of the Commission's report.
       In its discussions the Commission viewed voter error as 
     occurring when a voter casts a ballot for a candidate whom 
     the voter had not meant to choose, or when a voter 
     unknowingly invalidates a ballot, or when a voter 
     inadvertently fails to register a choice while having wanted 
     to make one. Voters being human, not all voter errors can 
     reliably be detected or avoided. Voter error also presents 
     itself in many ways, depending on the voting systems and 
     administrative practices in different jurisdictions. But the 
     Commission did find that there are ways to reduce the 
     likelihood of error. These include voter education, better 
     equipment, improved software and ballot design, and more 
     uniform and objective definitions of that actions will and 
     will not be counted as a vote for each category of machine. 
     All of these subjects are addressed in your current bill, 
     H.R. 3295.
       Please contact me if I can be of any further assistance.
           Sincerely,
                                                   Philip Zelikow,
                                                Eecutive Director.

  Mr. HOEFFEL. Mr. Speaker, I rise in support of H.R. 3295, the Help 
America Vote Act of 2001.
  The 2000 presidential election demonstrated the need for reform of 
the nation's electoral system.
  There is no doubt that tens of thousands of voters were 
disenfranchised in the election. It is quite probable that similar 
numbers have been disenfranchised in other elections, but the closeness 
of the 2000 presidential election highlighted the problem like no 
other.
  A nation that can launch a craft to a space station hundreds of miles 
above the earth, should be able to count every ballot accurately.
  I believe the federal government must take a leading role in this 
effort by establishing minimum voting standards and providing funding 
to modernize voting systems. When you introduce technology into an 
election, it leaves

[[Page H9299]]

room for error. My Congressional district is a clear example of this.
  Prior to my election to Congress in 1998, I served for seven years as 
a County Commissioner in Montgomery County, Pennsylvania, a County of 
over 700,000 people. During my tenure, I supervised the replacement of 
the old, mechanical voting machines in Montgomery County with those 
using the more modern advanced touch screen technology that are widely 
recognized as the most reliable voting machines in terms of accuracy of 
vote tabulation.
  A Congressional study of the rates of uncounted votes in 40 
congressional districts nationwide found that voters in Montgomery 
County were less likely to have their votes discarded than voters in 
most of the other districts surveyed. These results are directly 
attributable to the modern voting machines used in Montgomery County.
  This bipartisan legislation before us today is not perfect; no bill 
is. However, H.R. 3295 is a good starting point to ensure that every 
vote is counted.
  This legislation authorizes a total of $2.65 billion for federal 
election reform.
  The Help America Vote Act provides states that use punch card voting 
systems with funding to replace these outdated and unreliable machines. 
Punch card machines produced the controversial ``hanging chads'' which 
illustrate how flawed our system of electing Presidents can be.
  H.R. 3295 also requires states to adopt minimum election standards, 
including a statewide voter registration system, in-precinct 
provisional voting, assurances that voters who make errors will be able 
to correct them, and means for disabled voters to cast secret ballots 
on new voting equipment.
  Mr. Speaker, I urge passage of the important legislation.
  Ms. SCHAKOWSKY. Mr. Speaker, one year ago today the Supreme Court, by 
a vote of 5-4, determined the outcome of the 2000 Presidential 
election. Today, the U.S. House of Representatives, by considering the 
Help America Vote Act, is taking a measured step forward to ensure that 
future elections will be decided in the polling place instead of the 
courthouse.
  During the 2000 election, six million votes were not counted and 
voters were turned away at the polls, harassed, or intimidated. The 
American people expected that, by now, Congress would have taken action 
on election reform so that history would not repeat itself. But until 
today, we have not.
  I traveled the country with my colleagues, including Representative 
Maxine Waters, Chairperson of the Democratic Caucus Special Committee 
on election Reform, and met with disenfranchised voters, who demanded 
that the federal government repair the deficiencies of the last 
election. And we should have delivered on that demand months ago by 
passing the Equal Protection of Voting Rights Act of 2001, a 
comprehensive reform bill introduced by Representative John Conyers. 
That legislation, which is endorsed by civil rights, labor, disability 
and voter rights organizations, is the benchmark for true reform. It 
thoughtfully addresses concerns raised during last year's election, 
including voter records, accessibility, and equal opportunity at the 
voting place.
  Now, with less than a year before the next general election, Congress 
is running out of time. The Equal Protection of Voting Rights Act is 
not scheduled for consideration by the House, and what is before us is 
the Help America Vote Act of 2001. By passing this bill, we are moving 
the legislative train out of the station. While the Help America Vote 
Act contains provisions I strongly support, including funds to help 
states improve some aspects of their election systems and to involve 
younger voters in the process, I believe this bill contains flaws that 
must be addressed.
  I am concerned that the Help America Vote Act is broad and ambiguous 
and does not give clear direction to states, particularly in regards to 
provisional voting. I will work to strengthen that section of the bill. 
In addition, I strongly believe that Congress must set federal minimum 
standards to ensure that no eligible voter is denied the right to vote. 
However, the standards in the Help America Vote Act do not go far 
enough to ensure that all voters with disabilities have access to the 
polls and to guarantee that all machines notify voters of undervotes 
and overvotes. Furthermore, the legislation does not require states to 
provide adequate voting machinery to poor and minority districts.
  This legislation is not the final answer to our election woes. As a 
matter of fact, far from it. However, this bill puts Congress squarely 
on record as supporting a measure of election reform. I commend the 
Democratic author of the bill, Representative Steny Hoyer, for his 
dedication, and I pledge to work with him and my colleagues, including 
civil rights and election reform leaders Maxine Waters and John 
Conyers, to ensure that the final product truly addresses the serious 
flaws that resulted in last year's election fiasco. Every American is 
entitled the right to vote and the right to have his or her vote 
counted.
  Mr. FORBES. Mr. Speaker, as a cosponsor of the Help America Vote Act, 
I rise in strong support of this landmark bipartisan legislation.
  My home state of Virginia was one of the few states to hold an 
election this year. Thankfully, there appear to have been no major 
problems revealed in the administration of that election. But, the 
memories of the 2000 election are still fresh in the American mind and 
it is clear that we as a society must address the flaws that were 
revealed in that election cycle.
  The Help America Vote Act is a fair and reasonable compromise on an 
issue that is still being hotly debated and considered in states across 
the nation. It provides $400 million in federal funds for a buy-out of 
the infamous punch card ballot machines. Great and honest minds can 
disagree about whether these machines have a substantially higher rate 
of error than other systems. But, one thing is absolutely clear: The 
American people have no faith in punch card ballots. There are strong 
alternatives available, and this federal funding will enable 
communities large and small to afford those alternatives.
  The bill also provides a mechanism for getting more people involved 
in the civics of elections. We all agree that voting is an important 
civic duty. But, our responsibility as citizens does not end there. 
Voting only works when good people step forward and participate as 
electoral officers at polling places. These are the non-partisan 
assistants who give up a full day of work or personal time to make the 
process work. Unfortunately, the number of people who are participating 
in this way is waning. The Help America Vote Program and Help America 
Vote Foundation established by this legislation will go far to bring 
more people into this process.
  I am also very pleased, Mr. Speaker, that this bill includes 
provisions of the voting standards legislation produced be the House 
Science Committee, of which I am a member, earlier this year. Debates 
about standards are arcane and technical, but they are vitally 
important to ensuring that the procedures we put in place work.
  I am proud to be a cosponsor of this legislation, and I urge my 
colleagues to support it toady on the floor.
  Mr. GILMAN. Mr. Speaker, I rise in strong support of H.R. 3295, the 
Help America Vote Act of 2001, which will effectively implement long-
needed minimum election standards throughout our Nation. The flaws 
within our current system became widely evident during the 2000 
Presidential election season. I had the opportunity in November of 2000 
to serve along with some of my congressional colleagues as an observer 
during the Florida recounts. During that process, I observed first hand 
the problems of utilizing the antiquated punch card ballot.
  Accordingly, following that election I joined my colleagues in 
calling for a broad and practical revision of the system. I commend my 
colleagues, the gentleman from Ohio Mr. Ney and the gentleman from 
Maryland Mr. Hoyer in crafting a bi-partisan bill that addresses those 
concerns.
  H.R. 3295 will provide individual States with the means to replace 
antiquated voting machines with newer, and more modern voting 
technology. Moreover, this legislation establishes a nonpartisan 
election assistant commission which will oversee the Nation's federal 
election process and ensure that minimum standards are being followed 
in federal elections. The commission will also implement a reporting 
procedure to ensure that individual States satisfactorily provide 
information to members of the armed services concerning absentee 
registration and voting in the state.

  Also notable in H.R. 3295 is the ``Help America Vote College 
Program'' which encourages university students to take a more active 
role in our Nation's democratic election process by serving as 
nonpartisan poll workers or assistants. In promoting active and 
participatory public service by our Nation's young adults, our Nation's 
democratic tradition will be strengthened.
  I thank my colleagues Mr. Ney and Mr. Hoyer for introducing this 
timely and important legislation. It is high time we implement real 
reform in our Nation's election system. I am pleased to be an original 
co-sponsor of this bill and I urge my colleagues to support this 
measure.
  Ms. HARMAN. Mr. Speaker, I rise in strong support of HR 3295, the 
``Help America Vote Act,'' introduced by my colleagues, Bob Ney and 
Steny Hoyer. The bill before us is an important step in reforming our 
electoral process and rebuilding public confidence.
  We are well aware that our administration of elections was tested by 
last year's presidential election contest. The American political 
system proved resilient, but not before putting many aspects of the 
election process under a microscope. That microscope revealed many 
problems, beginning with ballot design, voting machines, and the rules 
by which registration

[[Page H9300]]

lists are respected and ballots counted. Most importantly, those 
problems were not isolated in one or just a few states.
  The election fiasco did have the benefit of returning to the 
legislative agenda the issue of election reform. Beginning with the 
National Commission on Federal Election Reform and culminating in this 
bill, the cause of reform has taken significant strides since last 
November. We must continue that momentum.
  Like the main sponsors of the bill, I believe we need to enact a bill 
that improves the balloting process before the 2002 elections. If we 
stake out the perfect positions--however principled--we could well face 
the same kind of delays and difficulties that prevented for months 
enactment of a much-needed aviation security bill. Election reform is 
needed and we must use the sense of urgency to achieve results, and 
achieve them quickly.
  Importantly, the bill before us starts with the premise echoed in the 
Article I, Section 4 of the Constitution that ``the times, places and 
manner of holding elections . . . shall be prescribed in each State.''
  This admonition is balanced against language in the same Section of 
the Constitution simultaneously giving Congress the discretion to alter 
such regulations. And, in fact, the exercise of that Congressional 
authority has been critical to protecting our citizens' right to vote 
and ensuring the basic fairness and integrity of the election process. 
H.R. 3295 is part of that historic legacy.
  For my own State of California and County of Los Angeles, passage of 
the bill is critically important. Several months ago, California 
Secretary of State Bill Jones decertified every one of Los Angeles 
County's punch card machines. This means that Los Angeles County, the 
largest election jurisdiction in the United States with over 4 million 
registered voters, must purchase and install tens of thousands of new 
machines under an incredible time constraint. Conny McCormack, the 
Country Registrar-Recorder, estimates that replacing the machines will 
cost more than $100 million--an impossible financial burden without 
federal assistance.
  H.R. 3295 provides that assistance--more than $2.6 billion to improve 
election systems through poll worker training, access for disabled, and 
removal of punch card ballot machines. In doing so, the bill strikes 
the right balance in setting out the federal government's role in this 
partnership by requiring every state to be in compliance with minimum 
standards.
  These minimum standards will ensure that voter registration rolls be 
accurate and complete, making them less vulnerable to fraud and 
incorrect removal of eligible voters. The minimum standards will also 
allow for inprecinct provisional ballots, so that a voter who believes 
he or she has been wrongfully removed from the voter rolls will have 
the opportunity to immediately cast a ballot and have their eligibility 
determined later. The standards required by the Act will assist both 
military and overseas voters as well as voters with disabilities. 
Furthermore, the Act leaves every one of the existing, landmark voting 
rights laws intact and strengthens compliance.
  Mr. Speaker, as a mother, I am well aware that perfection is not an 
option. The bill is endorsed by an impressive list of individuals, 
including California's Secretary of State, Bill Jones, who said the 
``measure makes a critical investment in the foundation of our 
Republic.'' It is also supported by the co-chairs of the National 
Commission on Election Reform--Presidents Carter and Ford, Bob Michel 
and Lloyd Carter--who said in a recent Washington Post op-ed, that the 
commission's ``most important recommendations are fully adopted in 
(H.R. 3295).''
  I urge prompt passage of H.R. 3295.
  Mr. COSTELLO. Mr. Speaker, I rise today in support of H.R. 3295. The 
2000 Presidential election was a source of great controversy and 
diminishing confidence in our electoral system. Voters have a broad 
range of concerns resulting from the 2000 election, including outdated 
voting machines and procedures, potentially confusing ballots, 
allegations of ballot tampering and biased reporting, 
disenfranchisement, and the use of unethical practices to garner votes. 
Above all, the 2000 election made clear to all Americans that the 
election process in many parts of this country must be reformed.
  I believe this legislation is a good start at correcting the flaws in 
our electoral system. This legislation authorizes $400 million to 
buyout the punch card voting machines that caused so many problems 
during the 2000 Presidential election. In addition, H.R. 3295 
authorizes another $2.25 billion over the next 3 years to aid states in 
acquiring new voting equipment and improving their electoral systems 
with help and monitoring from a new, bipartisan Federal Election 
Assistance Commission.
  Furthermore, I support this bill because it establishes minimum 
standards for state election systems, enforced by the Department of 
Justice and the Federal Election Assistance Commission, that would 
require states to have a voter registration system linked to local 
jurisdictions in the state, adopt uniform standards defining what 
constitutes a vote on the different types of voting equipment, ensure 
that absent uniformed and overseas voters have their votes counted, and 
give voters the opportunities to correct errors before they leave the 
polling place.
  Finally, H.R. 3295 creates a small grant program which trains college 
and high school students to work at the polls on election day, thereby 
filling a crucial shortage of election personnel and encouraging 
participation among young people in the electoral process.
  Mr. Speaker, I acknowledge this legislation could do more to help 
minorities and disabled Americans, many of whom were disenfranchised 
during the 2000 election. I expect changes to be made to this 
legislation during consideration in the Senate, and will support 
stronger provisions as a final version is crafted. However, this 
legislation moves the process forward and that is critical at this 
time. For these reasons, I support this legislation and encourage my 
colleagues to do the same.
  Mr. REYES. Mr. Speaker, I urge my colleagues today to vote against 
H.R. 3295, the Help America Vote Act. While this bill makes efforts to 
improve our electoral system, I oppose it because it fails to provide 
key safeguards that ensure every voter will be able to cast a ballot 
and have that ballot counted.
  As the Chair of the Congressional Hispanic Caucus, I proudly support 
the election reform principles our Caucus adopted earlier this year. 
Thanks largely to the hard work of Congressman Charlie Gonzalez, who 
chairs the Hispanic Caucus' Civil Rights Task Force, we developed a set 
of principles which state that election reform should include minimum 
standards, guarantee accessibility for language minorities and the 
disabled, provide for provisional ballots, and establish a voter bill 
of rights.
  Unfortunately, H.R. 3295 fails to adequately address these 
principles, which are tremendously important to Hispanic voters and 
those who expect fairness at the polling place. This bill was brought 
to the floor on the back of an unfair rule that did not allow any 
debate on critical amendments that would have made the difference 
between complete election reform that takes into consideration the 
principles I just mentioned, and incomplete reform, which, 
unfortunately, ignores the necessity of improving the electoral system 
for all voters with full consideration of their rights as participants 
in a democratic process. I therefore urge Members to vote against the 
rule and vote in favor of the motion to recommit.
  Election reform legislation should establish and enforce minimum 
standards for election technologies, voter education, and election 
worker training. We cannot let local jurisdictions opt out of ensuring 
that our elections are fair and accurate. States and localities must 
comply with all federal voter rights safeguards, including those 
established by new election reform legislation and those guaranteed by 
the Voting Rights Act and the National Voter Registration Act.
  Election reform legislation must reinforce the existing minority 
language provisions of the Voting Rights Act, which ensure that voters 
in areas with a significantly large language minority population can 
receive a ballot and election information in a language other than 
English. While this bill does contain language that would ensure 
accessibility for voters with limited English proficiency for optional 
activities, there is no reinforcement of existing language access 
requirements. These laws have been poorly enforced, as the 2000 
election demonstrated, and many jurisdictions fail to comply with them.
  To combat voter disenfranchisement, election reform must include poll 
worker training and a voter bill of rights that empowers voters through 
pro-active steps, including the use of sample ballots, that educate 
them about their rights and voting process. Voters have a right to know 
that if they are standing in line to vote before polls close, they 
can't be turned away; that they cannot be asked for more than one form 
of identification; and that they have the right to a provisional 
ballot.
  Currently, H.R. 3295 does not significantly address these important 
issues. While it provides funds for new voting equipment, poll worker 
training and voter education, H.R. 3295 would allow jurisdictions to 
continue disenfranchising voters by using abysmally inaccurate voting 
machines and by poorly administering elections.
  Based on these reasons, I hope my colleague will join me in voting 
against final passage of H.R. 3295.
  Ms. KILPATRICK. Mr. Speaker, during the 2000 Presidential election, 
nearly 100 million Americans went to the polls to vote. Of those who 
went, nearly 6 million votes were discarded and thrown out due to 
faulty machines. In addition to these 6 million wasted votes, there 
were countless Americans who were not allowed to vote due to erroneous 
records and over zealous vote purging efforts. Many of

[[Page H9301]]

these people, unfortunately, were from poor and minority communities.
  The election reform legislation we are considering today does not 
establish adequate voting rights protections to prevent many of the 
problems that we experienced in the 2000 presidential elections. 
According to Civil Rights Organizations like the ACLU, there are three 
goals that legislation must accomplish to achieve maximum election 
results. Voters should be able to count on uniformity of voting 
equipment and laws, adequate accessibility to the polls and accuracy in 
the accounting of votes.
  A critical issue in any election reform measure is the enforcement of 
some minimum uniform standards for elections. After all, the Supreme 
Court rejected the Florida Presidential election recount because of the 
lack of uniformity in the standards used to recount the votes. I 
personally find it ironic that the Court chose to limit uniform 
standards to uniform state laws as opposed to uniform Federal laws, 
which would require all states to meet minimum uniform election 
standards.
  The Ney-Hoyer bill does not adequately address the issue of uniform 
standards and in many ways continues wide and varied election practices 
from state to state. The Ney-Hoyer bill includes an opt-out provision 
that would allow any state to easily avoid complying with suggested 
federal standards.
  The bill makes token suggestions to states to take greater efforts to 
address the serious problems facing non-English speaking minorities and 
the disabled in casting their ballots. Disabled and non-English 
speaking voters face hurdles to proper access due to physical and 
language barriers at the polling place. They, perhaps most of all, need 
a bill that provides voter education so that citizens know how to vote 
and are aware of the constitutional right to vote.
  The bill simply encourages states to take steps to provide for 
provisional voting as opposed to mandating compliance with federal 
standards. This again allows states to choose whether or not to take 
steps that would make our voting system more uniform across the 
country. For example, provisional voting, which would allow voters to 
challenge erroneous records, is a highly recommended reform to our 
current voting system. Under this measure states are given the option 
to implement this recommendation.
  The most disturbing provisions in the bill are provisions, I believe, 
that would push voters from the rolls. Under the legislation, voters 
would be disqualified from casting their ballots if they fail to vote 
in two elections and fail to respond to a mailed notice. This 
contradicts current law and subjects voters to continued vigilance to 
ensure that their names are not inadvertently removed from the voting 
rolls.
  I am also disappointed that the rule only allows for an hour of 
debate on a bill that claims to be election reform. The rule only 
allows for one hour of general debate with no opportunity to amend the 
bill. How can we consider a bill affecting the most fundamental 
attribute of democracy--voting--and not have the opportunity to fully 
debate and amend the provisions of the bill? Furthermore the bill was 
not fully vetted by the appropriate committees in the House. Voting 
legislation is generally within the jurisdiction of the Judiciary 
Committee, which deals with issues of a constitutional or judicial 
nature. The Judiciary Committee never considered this bill.
  I did not cosign this election reform bill. I cosponsored a bill 
offered by Mr. Conyers, H.R. 1170, the Equal Protection of Voting 
Rights Act. I would add that Mr. Conyers is the ranking member of the 
Judiciary Committee. That bill takes substantive steps to apply uniform 
voting standards across the country and provides enforcement mechanisms 
that ensure compliance with these standards. It was my hope that the 
Rules Committee would at least allow this bill to be considered as a 
substitute amendment to the bill. Once again, the leadership in the 
House has chosen politics over the people. Once again, the rights of 
the people, through their elected representatives, to consider all the 
relevant alternatives is being abridged. Once again, we are being 
forced to consider a limited measure that does not adequately address 
the concerns of the majority of the American people.
  We are on the heels of the 2002 elections and we are just now 
considering an election reform measure. If the upcoming elections are 
anything like the 2000 presidential election, it is my fear that we are 
in for more of the same. Mr. Speaker, I urge my colleagues to vote 
against the rule and final passage of this token election reform 
legislation.
  Mr. SENSENBRENNER. Mr. Speaker, I rise in opposition to H.R. 3295, 
the ``Help America Vote Act of 2001.''
  I am particularly concerned about a problem my home state of 
Wisconsin will face under section five of the bill and its mandatory 
requirement that each state implement a statewide voter registration 
system. The state of Wisconsin does not require statewide voter 
registration in communities with populations of less than 5,000. This 
bill will require Wisconsin to comply by requiring registration at the 
expense of the local governments in communities where registration is 
not required by law. This legislative provision will place a 
substantial administrative and financial burden on the state and, 
perhaps result in an unfunded federal mandate.
  Mr. Speaker, I also have a significant concern that my constituents 
in my home state of Wisconsin will be double taxed under Section One of 
H.R. 3295. That is the section which furnishes states with funds to 
buyout their punchcard voting machinery. However, Wisconsin has already 
phased out the use of punchcard voting systems on their own, at the 
expense of the local counties and municipalities, to the tune of over 
$650,000. How can it be justified that my constituents will be double 
taxed to pay for replacing punch card machines? The first tax paid by 
Wisconsin residents was in the form of local tax revenues and the 
second tax will be in the form of federal tax dollars.
  And, let me be very clear here, the local tax revenues spent on 
punchcard machines could easily have been spent on other important 
local needs, especially if they knew federal money was on the way. The 
elimination of these punchcard systems may be a laudable goal, however, 
it clearly unfair to double tax the residents of Wisconsin in order to 
pay for upgrades in another state when that state did not determine it 
was important enough to them to use their own resources to pay for the 
elimination of punchcard ballots.
  The basic principle of ``one person, one vote'' is one that crosses 
party lines, for voting is not a partisan issue, it is an American 
issue. All Americans want to know that the vote they cast, for the 
candidate of their choice, will be counted fairly and accurately.
  Unfortunately, it is also the concern of a great many Americans that 
widespread voter fraud is diluting or cancelling out the value of their 
legally cast vote. For example, in Madison, Wisconsin, students from 
the University of Wisconsin bragged about voting two and three times in 
last year's presidential election. Coincidently these students recanted 
their statements when pressed. Perhaps it was when they realized that 
voting two and three times violated state and federal election laws. 
However, this is just one minor example of what has been allowed to 
occur in jurisdictions all around this country without any tangible 
consequences. Another example of rampant voter fraud can be found when 
examining the events surrounding the 2000 election in St. Louis, 
Missouri. There were hundreds of felons, non-citizens, duplicate and 
dead voters who cast ballots for candidates illegally. And in the city 
of Philadelphia, there were over 5,000 voters registered at vacant 
city-owned lots.
  I strongly believe we must seriously examine allegations of voter 
fraud and press for the prosecution of those who are found to have 
violated existing laws. We should also examine existing federal 
statutes and the Department of Justice prosecution guidelines to 
determine if stiffer federal penalties and fines and greater 
enforcement is necessary. It should become routine that when evidence 
of voter fraud is found, perpetrators can expect to be prosecuted to 
the fullest extent of the law. For vote fraud is not a victimless 
crime. It is crime which erodes the integrity of the very system our 
forefathers put into place to insure the continuance of the freedoms we 
hold dear. It is time we get serious about insuring the integrity of 
the election process, and protecting the public trust in the election 
system of the United States.
  This legislation does not go far enough to address the issue of voter 
fraud and it will continue to flourish without significant legislative 
changes. I fear that once this legislation is passed, this Congress 
will not come back to examine measures aimed at eliminating voter 
fraud, proposals such as requiring photo identification at the polls, 
requiring proof of citizenship and requiring removal of dead voters 
from current voting rolls are just a few provisions which need to be 
considered.
  The individual states across the country have been hard at work in 
2001 reviewing their election laws with a fine-tooth comb, identifying 
the weak spots and potential causes for concern, and, most importantly 
. . . developing solutions. Reforming election laws is a complex job 
but it is one that is best left to the states. This hard work will 
certainly continue into 2002 but look at what has happened so far at 
the state level: more than 1,770 bills have been introduced, 249 have 
been passed and 487 bills are still pending.
  One of the most profound examples of state reform is in Florida where 
they have passed the most sweeping election reforms of any state so 
far. These reforms include, among other things, the banning of punch 
card ballots by providing $24 million to counties to purchase optical 
scan or electronic systems, $6 million for voter education and poll 
worker recruitment and training, and $2 million to create a statewide 
voter registration database. Their bill also provides for uniform 
ballot design, no-excuse absentee voting and provisional balloting. 
However, Florida made these changes

[[Page H9302]]

after consideration of their unique needs and goals without federal 
mandates from Congress, such as those required under H.R. 3295. And, 
many other states legislatures have followed suit by passing their own 
election reform bills without the direction from Congress. As was the 
case in Wisconsin a few years back, individual states are proving that 
they are the best able to determine what solutions will work 
effectively for their unique needs and the focus of election reform 
should be left to them.
  Ensuring fair and honest elections by eliminating voter fraud, 
improving voting techniques, eliminating disenfranchisement, and 
respecting the constitutional role of the states and localities should 
not be partisan issues. Our fundamental system of elections is sound, 
and just as with all things, there is always room for improvement. 
However, we need to make certain that legislation does in fact provide 
improvement and not just rhetoric and that Congress is not simply 
throwing $2.65 billion at this issue so we can claim we've solved all 
alleged problems.
  Mr. STARK. Mr. Speaker, I rise today in support of H.R. 3295, the 
Help America Vote Act. The deeply troubled election of 2000 taught us 
many lessons. Chief among them was the need to improve our election 
system. When hanging chads and butterfly ballots kept the presidency in 
the balance, America's credibility as the oldest democracy in the world 
was compromised. The American people have overwhelmingly called on 
Congress to act, and this bill is at least a step in the right 
direction.
  The Help America Vote Act does several things to improve our election 
system. First, it establishes minimum election standards that all 
states should meet. The bill requires each state to maintain a complete 
and accurate voter registration system and to maintain uniform 
standards on what constitutes a vote for different voting machines. It 
requires states to have safeguards ensuring that military and other 
overseas voters have their votes counted and ensures that voters who 
make errors in their ballots have the opportunity to correct them. The 
bill provides $400 million to replace unreliable punch-card voting 
systems, whose problems were so dramatically displayed on our 
television screen a year ago. It also authorizes another $2.25 billion 
to help states establish and maintain accurate lists of voters, improve 
equipment, recruit and train poll workers and educate voters about 
their rights.
  Despite these good provisions, I have several serious concerns about 
the bill. First, the bill allows states to purge voters from the 
registration rolls if they don't vote in one election without giving 
them enough notice that their names are being purged. This weakens the 
very successful Motor Voter Law, which provides voters with these 
protections. In addition, the bill allows states to create alternatives 
to the provisional ballot, something that has allowed citizens who are 
not registered to vote to still have their voices heard. This bill 
provides no standard to ensure that all wishing to vote will be able to 
do so on election day. Finally, the bill is woefully inadequate in 
providing protection for people with disabilities and those with 
limited English ability. The bill should ensure that all Americans, 
regardless of color, creed, or handicap, have the ability to cast a 
vote and have it counted.
  Nevertheless, I support H.R. 3295 because it moves the process of 
election reform forward and I think is an improvement from the status 
quo. It is unfortunate, however, that the House Leadership refused to 
allow amendments to the bill that would have corrected its flawed 
provisions. I will work with my friends in the Civil Rights, disability 
and labor communities to make this bill better. I am hopeful that the 
Senate will also pass an election reform bill and that we can improve 
upon this bill in conference. The election of 2000 revealed gaping 
holes in our election system. To maintain our nation's standing around 
the world and, more importantly, to maintained government's credibility 
with our own citizens, the Congress must make reform a top priority.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 311, the previous question is ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


               Motion to Recommit Offered by Mr. Menendez

  Mr. MENENDEZ. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. MENENDEZ. I am, Mr. Speaker, in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:
       Mr. Menendez moves to recommit the bill H.R. 3295 to the 
     Committee on House Administration with instructions to report 
     the same back to the House forthwith with the following 
     amendments:
       Amend section 502(2)(A) to read as follows:
       (A) A system of file maintenance which removes registrants 
     who are ineligible to vote from the official list of eligible 
     voters consistent with the National Voter Registration Act of 
     1993.
       Amend section 502(3) to read as follows:
       (3) The State permits, by the deadline required under 
     section 505(b), in-precinct provisional voting by every voter 
     who claims to be qualified to vote in the State, except that 
     this paragraph shall not apply in the case of a State in 
     which, under law in effect continuously on and after the date 
     of the enactment of this Act, all votes in the State in 
     general elections for Federal office are cast by mail. Under 
     the in-precinct provisional voting described in the previous 
     sentence, if the name of an individual who claims to be a 
     registrant eligible to vote at a polling place in an election 
     for Federal office does not appear on the official list of 
     registrants eligible to vote at the polling place, or it is 
     otherwise asserted by an election official that the 
     individual is not eligible to vote at the polling place--
       (A) an election official at the polling place shall notify 
     the individual that the individual may cast a provisional 
     ballot in the election;
       (B) the individual shall be permitted to cast a vote at 
     that polling place upon written affirmation by the individual 
     before an election official at that polling place that the 
     individual is so eligible;
       (C) an election official at the polling place shall 
     transfer the ballot cast by the individual to an appropriate 
     State or local election official for prompt verification of 
     the claim made by the individual in the affirmation required 
     under subparagraph (B);
       (D) if the appropriate State or local election official 
     verifies the claim made by the individual in the affirmation, 
     the individual's vote shall be tabulated; and
       (E) the appropriate State or local election official shall 
     notify the individual in writing of the disposition of the 
     individual's claim and the treatment of the individual's 
     vote.
       Strike paragraphs (6) and (7) of section 502 and insert the 
     following:
       (6) Effective January 1, 2006, the State requires all 
     voting systems--
       (A) to be accessible for individuals with disabilities and 
     other individuals with special needs, including providing 
     nonvisual accessibility for the blind and visually impaired 
     which provides the same opportunity for access and 
     participation (including privacy and independence) as for 
     other voters; and
       (B) to provide alternative language accessibility for 
     individuals with limited proficiency in the English language 
     with respect to each political subdivision in the State for 
     which, as determined by the Director of the Bureau of the 
     Census--
       (i) the number of voting-age citizens who have limited 
     proficiency in the English language and who have a single 
     language other than English as their first language is at 
     least 5 percent of the total number of voting-age citizens,
       (ii) in the case of a political subdivision which contains 
     all or any part of an Indian reservation, the number of 
     voting-age American Indian or Alaskan Native citizens within 
     the reservation who have limited proficiency in the English 
     language is at least 5 percent of the total number of voting-
     age citizens on the reservation, or
       (iii) there are at least 10,000 voting-age citizens who 
     have limited proficiency in the English language and who have 
     a single language other than English as their first language.
       (7) Effective January 1, 2006, the State requires all 
     voting systems--
       (A) to permit the voter to verify the votes selected by the 
     voter on a ballot before the ballot is cast and tabulated;
       (B) to notify the voter before the ballot is cast and 
     tabulated of the effect of casting multiple votes for a 
     single office or fewer votes than the number of candidates 
     for which votes may be cast; and
       (C) to provide the voter with the opportunity to correct 
     the ballot before the ballot is cast and tabulated.
       (8) Effective January 1, 2006, the State requires that the 
     error rate in counting and tabulating ballots by all voting 
     systems may not exceed the error rate provided under the 
     voting system error rate standards developed pursuant to 
     section 504(a)(2).
       (9) Effective January 1, 2004, the States requires all 
     polling places to be accessible to individuals with 
     disabilities and other individuals with special needs.
       Amend section 503 to read as follows:

     SEC. 503. ENFORCEMENT.

       (a) In General.--The Attorney General shall be responsible 
     for verifying that State certifications under section 501 are 
     accurate and for enforcing the requirements of section 502 
     with respect to State election systems, in accordance with 
     such regulations as the Attorney General may issue.
       (b) Relief.--
       (1) In general.--The Attorney General may bring a civil 
     action in an appropriate district court for such relief 
     (including declaratory or injunctive relief) as may be 
     necessary to carry out this title.
       (2) Relation to other laws.--The remedies established by 
     this subsection are in addition to all other rights and 
     remedies provided by law.
       (c) Action Through Assistant Attorney General for Civil 
     Rights.--The Attorney

[[Page H9303]]

     General shall issue regulations pursuant to this section, and 
     shall otherwise carry out the Attorney General's 
     responsibilities under this title, through the Assistant 
     Attorney General for the Civil Rights Division.
       Insert after section 503 the following new section (and 
     redesignate the succeeding provision and conform the table of 
     contents accordingly):

     SEC. 504. TECHNICAL SPECIFICATIONS AND GUIDELINES.

       (a) In General.--
       (1) Accessibility requirements.--In consultation with the 
     Election Assistance Commission and the Office of Civil Rights 
     of the Department of Justice, the Architectural and 
     Transportation Barrier Compliance Board under section 502 of 
     the Rehabilitation Act of 1973 (29 U.S.C. 792) (hereafter in 
     this section referred to as the ``Compliance Board'') shall 
     develop technical specifications with respect to each of the 
     following:
       (A) The voting system accessibility requirements (relating 
     to individuals with disabilities and other individuals with 
     special needs) described in section 502(6)(A).
       (B) The polling place accessibility requirements described 
     in section 502(9).
       (2) Other requirements.--In consultation with the Election 
     Assistance Commission and the Compliance Board, the Office of 
     Civil Rights shall develop technical specifications and 
     guidelines with respect to each of the following:
       (A) The provisional voting requirements described in 
     section 502(3).
       (B) The alternative language accessibility requirements 
     described in section 502(6)(B).
       (C) The requirements relating to the correction of errors 
     in voting systems described in section 502(7).
       (D) The voting system error rate standards described in 
     section 502(8).
       (b) Deadline for Initial Specifications and Guidelines.--
     The Compliance Board and the Office of Civil Rights shall 
     each develop the initial set of technical specifications and 
     guidelines under subsection (a) not later than 1 year after 
     the date of the enactment of this Act.
       (c) Provision of Continuing Information.--After preparing 
     the initial set of technical specifications and guidelines 
     under subsection (a), the Compliance Board and the Office of 
     Civil Rights shall continue to provide information to assist 
     the Attorney General in carrying out this title, including 
     preparing revised technical specifications and guidelines at 
     such times as the Attorney General considers appropriate.
       In section 505 (as redesignated above)--
       (1) in subsection (a), strike ``subsection (b)'' and insert 
     ``subsections (b) and (c)''; and
       (2) add at the end the following new subsection:
       (c) Other Deadlines.--(1) The minimum standards described 
     in paragraphs (6), (7), and (8) of section 502 shall apply 
     not later than January 1, 2006.
       (2) The minimum standard described in section 502(9) shall 
     apply not later than January 1, 2004.
       Amend section 902 to read as follows:

     SEC. 902. PROHIBITING EFFORTS BY POLL WORKERS TO COERCE 
                   VOTERS TO CAST VOTES FOR EVERY OFFICE ON 
                   BALLOT.

       Section 594 of title 18, United States Code, is amended--
       (1) by striking ``Whoever'' and inserting ``(a) Whoever''; 
     and
       (2) by adding at the end the following new subsection:
       ``(b) For purposes of subsection (a), a poll worker who 
     urges or encourages a voter who has not cast a vote for each 
     office listed on the ballot to return to the voting booth to 
     cast votes for every office, or who otherwise intimidates, 
     harasses, or coerces the voter to vote for each such office 
     (or who attempts to intimidate, harass, or coerce the voter 
     to vote for each such office), shall be considered to have 
     intimidated, threatened, or coerced (or to have attempted to 
     intimidate, threaten, or coerce) the voter for the purpose of 
     interfering with the voter's right to vote as the voter may 
     choose. Nothing in this subsection shall prohibit a poll 
     worker from providing information to a voter who requests 
     assistance.''.

  Mr. MENENDEZ (during the reading). Mr. Speaker, I ask unanimous 
consent that the motion to recommit be considered as read and printed 
in the RECORD.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from New Jersey is recognized 
for 5 minutes in support of his motion to recommit.
  (Mr. MENENDEZ asked and was given permission to revise and extend his 
remarks.)
  Mr. MENENDEZ. Mr. Speaker, there is one principle alone that should 
be guiding our debate on this election reform, and that is every 
American has a full and equal opportunity to vote. It is a simple but 
extraordinarily important proposition, because it forms the 
justification of and expression for our democracy.
  Any undermining of that principle, even the perception of 
undermining, can do great damage to us.
  One person, one vote. We all know the questions about our system that 
the last Federal election left with our citizens. We must never allow a 
repeat of that. The Ney-Hoyer bill is a good step in that direction. 
Most importantly, their bill commits the resources we need to replace 
outdated voting systems. However, the bill turns a standard we passed 
in the Motor Voter Act on its head.
  The Motor Voter Act says that before someone is removed from the 
voting rolls, they must be given written notice, and then have two 
elections to correct the removal at the ballot place before the removal 
is finalized. The Motor Voter Act stands for the principle that before 
you take away someone's right to vote, you give them a chance to prove 
they are still legally voting in the correct place.
  The bill as written, however, says if you fail to vote in two 
elections, you can be purged from the rolls. In other words, if you do 
not vote, you can lose the right to vote. Our motion simply states that 
the rules of the Motor Voter Law should continue to govern.
  Given the number of false purges we saw in the last election, it is 
critical that the right to provisional voting is guaranteed. There 
should be no need for alternatives. If an improperly purged voter is 
turned away on election day, that error is irreversible.
  For disabled voters, the bill requires that States provide a 
``practical and effective'' means to vote. Keeping in mind the guiding 
principle of equal and full access, we believe ``separate but equal'' 
is not good enough for disabled voters. With our technology and 
ingenuity, there is no reason why we cannot create uniform systems that 
can accommodate almost all of our disabled and non-disabled voters, and 
our amendment allows 4 years to make the necessary changes.
  The bottom line is that currently 14 million disabled voters cannot 
cast a secret ballot, and there is no excuse for this. The bill does 
not guarantee that this will change. Our motion does.
  For voters with different native languages, the Ney-Hoyer bill relies 
on current law. We simply give that standard to any other group of 
Americans so situated.
  These are Federal elections, and we have a responsibility to ensure 
that a voting procedure in Florida is subject to the same minimum 
standards as a voting procedure in New Jersey. That is why our 
amendment gives the Attorney General the direct responsibility for 
certifying that States are in compliance with the minimum standards in 
this bill, without an intermediary. It is that important.
  How many of us would be satisfied with the counsel of patience and 
delay if it were our right to vote that was being compromised? Very few 
of us, I think. When it comes to the right to vote, there is no margin 
for error. Every vote must be ensured, counted and protected equally. 
But in all of these ways, our motion eliminates the margin for error 
and makes it better. So I certainly urge my colleagues to support the 
motion.
  Mr. Speaker, I yield to the distinguished gentlewoman from Texas (Ms. 
Eddie Bernice Johnson), the Chair of the Congressional Black Caucus.
  (Ms. Eddie Bernice Johnson of Texas asked and was given permission to 
revise and extend her remarks.)
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, several universities 
and news organizations have conducted studies, and every study has 
found that votes cast are not being counted. The House Committee on 
Government Reform minority staff conducted a study in 40 congressional 
districts and found that the highest percentage of undervotes were in 
places which had poor and minority populations.
  Mr. Speaker, there are volumes of evidence which clearly and 
convincingly prove that the election system in this country is broken 
and must be fixed.

                              {time}  1500

  We deeply believe in a need to safeguard the rights and liberties of 
the American people. I join the gentleman

[[Page H9304]]

from New Jersey (Mr. Menendez), the gentlewoman from Connecticut (Ms. 
DeLauro) and the gentleman from Connecticut (Mr. Shays) in offering 
this motion to recommit. I joined them in requesting that the Committee 
on Rules, once again, allow the amendment, which would only allow 
purged voters from the voting rolls through means consistent with 
national voter registration and for the handicap to have the ability to 
vote, and provisional voting.
  Mr. Speaker, I will submit the rest of my statement. This is so basic 
and fundamental to our democracy. I just cannot imagine anyone not 
being in support of these recommendations that we made to make this 
democracy real.
  Mr. MENENDEZ. Mr. Speaker, I yield the balance of the time to the 
gentlewoman from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Speaker, our entire system of government is based on 
the premise of one person, one vote. For our democracy to work, people 
must have confidence that their vote counts. We have a responsibility 
to do all that we can to make sure that every citizen is able to fully 
exercise their fundamental right to vote.
  This motion to recommit ensures that polling places are accessible, 
voting equipment is updated, voters are not mistakenly taken off the 
rolls, and that these standards are endorsed.
  In cities and towns across this country it remains more difficult to 
go to the polls and cast a vote than it is to make a simple withdrawal 
from an ATM machine. There is something wrong with that, I say to my 
colleagues.
  The world looks to America as a shining example of democracy in 
action. We need to act today to ensure that every American has the 
right to participate in that democracy by casting a vote that will be 
counted. I urge my colleagues to vote ``yes'' on the motion to 
recommit.
  Mr. NEY. Mr. Speaker, I rise to stand in opposition to the motion to 
recommit, and I claim the time in opposition.
  Mr. Speaker, I yield 40 seconds to the gentleman from Maryland (Mr. 
Hoyer).
  Mr. HOYER. Mr. Speaker, I rise simply to say that the objectives of 
this motion to recommit I think are worthwhile and good, but I want to 
make the record clear. The gentleman from Ohio (Mr. Ney) and I have had 
a colloquy on section 3 of the National Voter Registration Act. It is 
the committee's view that nothing in this bill changes or diminishes in 
any way any provision, including provisional voting, of the National 
Voter Registration Act. In fact, I made it a condition to my 
participation in the bipartisan bill that that be the case.
  In addition to that understanding with the gentleman from Ohio (Mr. 
Ney) and all of us on the committee and the staff, we have contacted 
the Attorney General's Office and I would include at this point in time 
in the Record a letter that was received by the gentleman from Ohio 
(Mr. Ney) and myself on December 10, 2001 from the Assistant Attorney 
General.
                                            Department of Justice,


                                Office of Legislative Affairs,

                                Washington, DC, December 10, 2001.
     Hon. Steny Hoyer,
     Ranking Minority Member, Committee on House Administration, 
         House of Representatives, Washington, DC.
       Dear Congressman Hoyer: This letter responds to your letter 
     of November 29, 2001 regarding the effect of H.R. 3295. the 
     ``Help America Vote Act,'' upon the National Voter 
     Registration Act of 1993 (``NVRA'').
       Although several provisions in the bill affect the list 
     maintenance provisions in section 8 of the NVRA, it is 
     evident that the bill is not designed to modify the NVRA and, 
     in fact, it does not alter or undermine the NVRA's 
     requirements. Section 903 of the bill itself specifically 
     provides that nothing in H.R. 3295 ``shall supercede, 
     restrict or limit the application of . . . NVRA,'' that 
     nothing in the bill ``authorizes or requires any conduct 
     which is prohibited by the NVRA,'' and that nothing in the 
     bill ``may be construed to affect the application of the . . 
     . NVRA . . . to any State'' (except as specifically provided 
     in the bill). These provisions would guide the Department's 
     enforcement efforts if the bill becomes law.
       Various parts of the bill reference the NVRA and appear 
     designed to clarify and strengthen enforcement of the NVRA's 
     list maintenance provisions. Section 502(2) would require all 
     50 States and the District of Columbia, Puerto Rico, Guam, 
     American Samoa, and the United States Virgin Islands to adopt 
     a system of list maintenance ensuring that voter registration 
     lists are accurate and updated regularly, and that removes 
     registrants who are ineligible to vote. Under this system, 
     ``consistent with the [NVRA],'' registrants who have not 
     voted in 2 or more consecutive Federal general elections and 
     who have not responded to a notice would be required to be 
     removed from the list of eligible voters, except that no 
     registrant could be removed solely by reason of failure to 
     vote. This system also would have to have safeguards to 
     ensure that eligible voters were not removed in error. 
     Section 501(a)-(b) would require all States to 
     enact legislation to adopt such a list maintenance system, 
     but properly would leave States discretion as to the 
     specific methods of implementing such a system.
       Secton 902(a) entitled ``Clarification of ability of 
     election officials to remove registrants . . . on grounds of 
     change of residence,'' would amend the NVRA's existing 
     requirement (at 42 U.S.C. 1973gg-6(b)(2)) that any general 
     program not result in removal of voters' names due to their 
     ``failure to vote.'' However, the amendment in section 902(a) 
     merely would clarify that nothing in section 19733gg-6(b)(2) 
     was intended to prohibit a State from using the procedures 
     already in sections 1973gg-6(c)-(d) to remove the names of 
     voters who have not voted or have not appeared to vote in two 
     or more consecutive Federal general elections and who have 
     not notified the registrar, or responded to a notice sent by 
     the registrar, that they intend to remain registered in the 
     jurisdiction. As an amendment to the NVRA, this provision 
     would apply only in the 45 jurisdictions covered by the NVRA 
     (44 States and the District of Columbia).
       In view of the bill's several affirmations that removal of 
     names from voter rolls should be carried out in a manner 
     consistent with the NVRA and in view of the general 
     affirmations in section 903 that the bill will not restrict 
     or limit the NVRA, the bill's list maintenance provisions can 
     and should be read consistently with the NVRA's existing list 
     maintenance procedures, which basically are: section 1973gg-
     6(c) suggests the Postal Service National Change of Address 
     program as one example of a means of identifying voters who 
     have become ineligible because they have moved outside the 
     jurisdiction. Section 1973gg-6(d) them provides a 
     confirmation process that States must follow before removing 
     voters identified as potentially ineligible due to having 
     moved. As above, voters may be removed if: (1) they do not 
     respond to the registrar's notice and do not vote or appear 
     to vote in two Federal general elections; or (2) they confirm 
     in writing that they have moved outside the jurisdiction.
       Many States, following guidance from the Federal Election 
     Commission, legislatively adopted or legislatively revised 
     list maintenance provisions after passage of the NVRA. See, 
     e.g., Ak. Stat. 15.07.130; Fl. Stat. 98.065, 98.075, 98.093; 
     Ga. Stat. 21-2-231 to 21-2-235; Va. Stat. 24.2-427 to 24.2-
     428.2. To the extent that the 45 jurisdictions covered by the 
     NVRA have adopted list maintenance programs consistent with 
     42 U.S.C.. 1973gg-6, we conclude that the new clarifying 
     provisions of section 902(a) of the bill would not require 
     those States to amend their programs. Likewise, State 
     legislation consistent with the NVRA probably would meet the 
     new, less specific, minimum standards for list maintenance 
     required in section 502(2) of H.R. 3295. If this 
     interpretation differs with that of the drafters of the bill, 
     some clarification may be warranted.
       Thank you for the opportunity to present our views. Please 
     do not hesitate to call upon us if we may be of additional 
     assistance. The Office of Management and Budget has advised 
     us that from the perspective of the Administration's program, 
     there is no objection to submission of this letter.
           Sincerely,
                                                 Daniel J. Bryant,
                                       Assistant Attorney General.
       Identical letter sent to the Honorable Bob Ney, Chairman.

  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
  I wanted to point out just a couple of items about this motion to 
recommit, and I do respect the gentleman from New Jersey and his 
intentions. But this does eliminate provisions to improve list 
maintenance, and this is something that we all have fought very hard 
for. Democrats and Republicans from across the country want to make 
sure that they have the best voter lists possible and that they are in 
the best condition possible. That was a bipartisan request. This would 
eliminate the provisions to improve list maintenance.
  Also, unless I have read this wrong, this also would deal with the 
issue of accessibility at the polling places. We are talking about 
200,000 polling places, and this theory that was brought forward in 
committee on the basis of what this motion to recommit is about was 
discussed in the committee. No one could even give us an estimate of 
the billions and billions of dollars. Also, I would raise this issue: 
are we going to use taxpayers' dollars, then, to fund something the 
private sector should do, if one votes at a mall or a church? There are 
a lot of significant issues to that provision itself.

[[Page H9305]]

  As far as the issue of persons with disabilities, let me just quote 
from the bill, and this is an important issue that I care about and a 
lot of people in this country obviously do care about, and it has been 
stated many times through this process that this bill makes one of the 
first significant steps in trying to help persons who have some form of 
a disability to vote.
  The Ney-Hoyer bill is an important breakthrough for the voting rights 
of persons with disabilities. All new voting systems must provide a 
practical and effective means for voters with physical disabilities to 
cast a secret ballot. That is language from the Ford-Carter Commission. 
All States receiving Federal funds under this bill must certify that in 
each precinct or polling place, there is at least one voting system 
available which is fully accessible to individuals with physical 
disabilities. It also states that it uses Federal funds to purchase new 
machines, and must ensure that at least one voting machine in each 
polling place in the State will be fully accessible to individuals with 
physical disabilities.
  This bill has also been endorsed by the National Federation of the 
Blind.
  Mr. Speaker, I just want to urge my colleagues to hold to the bill, 
the Ney-Hoyer bill, and defeat the motion to recommit. Also, Mr. 
Speaker, at this time I include for the Record the following letters of 
endorsement.

                                           National Association of


                                                     Counties,

                                Washington, DC, November 21, 2001.
     Hon. Bob Ney,
     Chairman, Committee on House Administration, Longworth House 
         Office Building, Washington, DC.

     Hon. Steny Hoyer,
     Ranking Member, Committee on House Administration, Longworth 
         House Office Building, Washington, DC.
       Dear Representatives Ney and Hoyer: We want to commend you 
     for your hard work and perseverance in introducing a 
     bipartisan election reform bill. The legislation is a 
     compromise and not everyone is going to agree with all of its 
     provisions which includes some of our county officials.
       The National Association of Counties (NACo) would like to 
     go on record as supporting H.R. 3295 as it was reported by 
     the House Administration Committee. We would have to review 
     this position if extensive changes are made on the House 
     floor or in the Senate.
       NACo still has concerns about Congress providing adequate 
     funding for carrying out the mandates in the bill. We believe 
     the authorizations would be adequate but we also would like 
     to see a commitment from the leadership on providing 
     sufficient appropriations in FY2002 and FY2003. We will be 
     urging President Bush to request the full authorization 
     amounts in his budget for FY2003.
       We will be sending letters to all Members urging them to 
     vote for H.R. 3295. We also will be urging county officials 
     to contact their state delegations to support the bill.
       If you have any questions, please call me or Ralph Tabor on 
     our staff (202-942-4254).
           Sincerely,
                                                   Larry E. Naake,
     Executive Director.
                                  ____



                                              Election Center,

                                Houston, Texas, November 26, 2001.
     Hon. Robert Ney,
     Hon. Steny Hoyer,
     House Administration Committee, Longworth House Office 
         Building, Washington, DC.
       Congressmans Ney and Hoyer: On behalf of the elections 
     community of America. I want to congratulate the two of you 
     for accomplishing what grizzled veterans said could not be 
     done: you have produced true bi-partisan legislation that 
     will help America cure the worst of the problems discovered 
     in Election 2000.
       As you are aware, the rules and laws under which The 
     Election Center was formed prevent us from lobbying for or 
     against any legislation--our members nationwide will do that 
     on their own--but we can speak to what we believe the impact 
     of the legislation will do for American elections.
       The two of you have shown what men of goodwill can do when 
     a difficult issue arises. Obviously there were partisan 
     considerations involved in this legislation and each of you 
     was a noble champion for your party's particular view--but 
     you also showed that you could find a way to reach consensus 
     and still effect meaningful legislation.
       I know this bill will not please all voter groups--even the 
     elections community find items they dislike in this 
     legislation. I know there are already claims that it does not 
     go far enough for some--or too far for others. you and the 
     House Administration Committee have fashioned legislation 
     which does, however, address the serious problems discovered 
     in Election 2000. You have found methods which reach and 
     solve the real problems without doing it in heavy handed 
     Federal edicts.
       Finding the right balance of voter protections and yet not 
     upsetting the rights of states and local governments to 
     maintain responsibility for this process has not been an easy 
     task but you have managed to reach consensus that protects 
     the rights of minorities and even extends new services to the 
     blind and disabled, to military and overseas voters, and 
     provides new poll workers for elections. The months of delay 
     waiting on bi-partisan legislation have been well spent in 
     developing a true compromise bill.
       Congratulations on a job well done. This is responsible 
     legislation.
           Sincerely,
                                                    R. Doug Lewis,
     Executive Director.
                                  ____

         A National Association of County Recorders, Election 
           Officials and Clerks,
                                    Durham, NC, November 26, 2001.
       Honorable Robert W. Ney: The National Association of County 
     Recorders, Election Officials and Clerks (NACRC) would like 
     to go on record in support of H.R. 3295 sponsored by Bob Ney, 
     Chairman of the House Administration Committee, and Steny 
     Hoyer, Ranking Member of the House Administration Committee.
       We support the bill in its current form. If there are 
     extensive changes, we would have to review our support at 
     that time.
       Although we have studied all of the provisions and are not 
     happy with each and every one, we do feel we can support the 
     majority of the bill. We are particularly pleased that it is 
     a bipartisan effort.
       As election officials we truly strive to conduct all 
     elections as fairly and accurately as possible and we feel 
     this cannot be done when partisanship is present.
       Please feel free to contact me if you have any questions at 
     253.798.3189.
           Sincerely,

                                   Cathy Pearsall-Stipek, CPO,

                                    NACRC President, Pierce County
                                 Auditor--Supervisor of Elections.
                                            National Conference of


                                           State Legislatures,

                                                November 26, 2001.
     Hon. Bob Ney,
     Chair, Committee on House Administration, House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.

     Hon. Steny H. Hoyer,
     Ranking Member, Committee on House Administration, House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.
       Dear Representatives Ney and Hoyer: We are writing to 
     express the support of the National Conference of State 
     Legislatures for H.R. 3295, the ``Help America Vote Act of 
     2001.'' We commend you on your leadership in undertaking to 
     draft sound election reform legislation and appreciate your 
     steadfast willingness to work with states to craft a balanced 
     bill for states and the American people. H.R. 3295 provides 
     an effective means for states to update and change their 
     election processes without an unduly burdensome federal 
     presence, and with much-needed federal financial support.
       State legislators are committed to a fair election process. 
     The bipartisan NCSL Elections Reform Task Force adopted ten 
     core principles that embody the fundamental views of 
     elections in the states. The first principle is that ``the 
     right to vote is perhaps the most basic and fundamental of 
     all the rights guaranteed by the U.S. democratic form of 
     government. Implicit in that right is the right to have one's 
     vote count and the right to have as nearly perfect an 
     election proceeding as can be provided.'' NCSL believes that 
     the core principles enumerated in H.R. 3295 are consistent 
     with the findings of our own Election Reform Task Force and 
     identify an appropriate role for the federal government in 
     meeting the states shared commitments to modernizing the 
     voting process and ensuring the integrity of the ballot.
       Although H.R. 3295 contains minimum standards that will 
     require states to certify that they have enacted legislation 
     to provide for such things as a statewide voter registration 
     database and provisional voting, these standards do not 
     mandate how states should fulfill these requirements, thus 
     allowing for necessary state flexibility in the 
     implementation of the standards. It is only through a 
     flexible approach to election reform that states can 
     meaningfully improve elections processes for all voters. NCSL 
     is satisfied that H.R. 3295 provides sufficient state 
     flexibility.
       We also wish to underscore the importance of receiving an 
     appropriate amount of federal monies to assist states with 
     the implementation of those standards that may otherwise be 
     too costly. In these uncertain times and tight state budgets, 
     federal financial assistance is critical to states' 
     compliance with these new federal standards. We understand 
     there is a commitment from Speaker Hastert and the 
     Administration that sufficient federal funds will be 
     appropriated to meet the needs of the states under this bill. 
     We urge you to continue to strive for federal funding.
       We again thank you for your excellent leadership on this 
     issue and look forward to working with you for passage of 
     this bill. Please have your staff contact Susan Parnas 
     Frederick at (202) 624-3566 of Alysoun McLaughlin at (202) 
     624-8691 or by e-mail at [email protected], 
     alysoun.mclaughlin @ncsl.org. Thank you.
           Sincerely,
     Speaker Martin R. Stephens,
       Utah House of Representatives.

[[Page H9306]]

     Representative Daniel T. Bluc,
       North Carolina House of Representatives.
                                  ____

         International Association of Clerks, Recorders, Election 
           Officials and Treasurers,
                                   Chicago, IL, November 29, 2001.
     Hon. Robert Ney,
     Hon. Steny Hoyer,
     House Administration Committee, Longworth House Office 
         Building, Washington, DC.
       Dear Congressmen Ney and Hoyer: As President of the 
     International Association of Clerks, Recorders, Election 
     Officials, and Treasurers (IACREOT), and Executive Director 
     of the Chicago Board of Election Commissioners, one of the 
     Nation's largest election jurisdictions, I have been asked 
     for my opinion concerning H.R. 3295, known as the Ney-Hoyer 
     Bill on election reform.
       Obviously, you have undertaken a very difficult challenge 
     in fashioning an election reform proposal to meet the needs 
     of thousands of election jurisdictions throughout the nation. 
     I want to congratulate you and your committee on a very 
     thoughtful and thorough legislative package that will help 
     ensure that every vote in this great nation is counted, and 
     counted accurately. Although I have some specific 
     reservations and suggestions on some of the bill's 
     provisions, I think overall it is the best proposal among the 
     many we have seen since the November 2000 Presidential 
     Election.
       At a later date, I would be honored to appear before your 
     committee to present my specific recommendations to make this 
     legislation even more palatable. I know you and your 
     committee have worked very hard on this bill. Again, please 
     accept my congratulations.
           Sincerely,
                                                      Lance Gough,
     President.
                                  ____

                                               National Federation


                                                 of the Blind,

                                 Baltimore, MD, December 11, 2001.
     Hon. Robert Ney,
     Chairman, Committee on House Administration, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing to express the support of 
     the National Federation of the Blind for the Help America 
     Vote Act of 2001 (H.R. 3295), including language we requested 
     to address the needs of people who are blind. Thanks to your 
     efforts and understanding, this legislation points the way 
     for blind people to vote privately and independently.
       While the 2000 election demonstrated significant problems 
     with our electoral system, consensus regarding the solution 
     has been much more difficult to find. Nonetheless, it is 
     clear that installation of up-to-date technology will occur 
     throughout the United States. This means that voting 
     technology will change, and devices purchased now will set 
     the pattern for decades to come. Therefore, requirements for 
     nonvisual access must be an essential component of the new 
     design.
       With more than 50,000 members, representing every state, 
     the District of Columbia, and Puerto Rico, the NFB is the 
     largest organization of blind people in the United States. As 
     such we know about blindness from our own experience. The 
     right to vote and cast a truly secret ballot is one of our 
     highest priorities, and modern technology can now support 
     this goal. For that reason, we support any legislation that 
     will accomplish this objective. Thank you for your assistance 
     in addressing this concern as part of the Help America Vote 
     Act of 2001.
           Sincerely,
                                                     James Gashel,
     Director of Governmental Affairs.
                                  ____



                                      Ohio Secretary of State,

                                  Columbus, OH, November 20, 2001.
     Hon. Bob Ney,
     Chairman, Committee on House Administration, Longworth House 
         Office Building, Washington, DC.
       Dear Bob: For the last year, professional election 
     officials across the nation have wrestled with the challenges 
     brought to light as a result of the 2000 Presidential 
     Election. At the heart of the issue is the suitability for 
     ongoing use of punch card voting systems and the need for 
     statewide uniform standards of election administration within 
     each state.
       It has been my pleasure to work with you and the House 
     Administrative Committee as you have worked so hard to reach 
     a bi-partisan compromise for election reform. I am very 
     pleased to see that you have built a consensus for reform and 
     offer you my whole-hearted endorsement of HR 3295, the Help 
     America Vote Act of 2001.
       This important legislation reflects the best balance of 
     federal involvement and local control of elections that I 
     have seen to date. You have reached a fine balance that 
     reflects the serious need for election reform without 
     federalizing the election process and minimizing local 
     election administration, as some proposals do. By funding the 
     buy-out of punch card ballot systems, your bill will help 
     guarantee that we never again see the debacle that occurred 
     in Florida because of punch card balloting inconsistencies. 
     By requiring the adoption of reasonable ballot-counting 
     standards, you also make sure that states are prepared to 
     deal with ballot-counting questions before an election is 
     contested and not after the fact. This will be a tremendous 
     benefit to all Americans.
       I realize there are some that wish the federal government 
     to mandate a uniform voting system and standards for every 
     jurisdiction. I believe this would be a terrible mistake. 
     Election officials everywhere recognize the solutions for one 
     precinct may not work the same in the next--particularly when 
     separated by thousands of miles. Almost every election reform 
     report I have seen confirms this important fact. While states 
     can and should be held accountable for adopting uniform 
     standards for their voting machines, each state should be 
     left the option of choosing solutions that work the best. The 
     cookie cutter approach will not work for elections and I 
     encourage you to continue your efforts to fight this 
     movement.
       To assist you in the passage of this critical legislation, 
     I will be sending a copy of this letter to every Secretary of 
     State in the nation, every election official in Ohio and 
     every county commissioner in Ohio. I will also be discussing 
     your legislation in an upcoming article in our Spirit of Ohio 
     publication, so even more Ohioans can learn of your good work 
     and will know how to contact you to lend their support. If 
     there is any further assistance I can provide you, please do 
     not hesitate to let me know.
       Again, thank you very much for all you are doing. I look 
     forward to seeing Congress pass balanced and meaningful 
     election reform legislation--HR 3295.
           Sincerely,
                                             J. Kenneth Blackwell,
                                          Ohio Secretary of State.
                                                State of Wisconsin


                                              Elections Board,

                                   Madison, WI, December 10, 2001.
     To: Members, Wisconsin Congressional Delegation.
     From: Kevin J. Kennedy, Executive Director, Wisconsin State 
         elections Board.
     Subj: Ney/Hoyer Election Legislation (H.R. 3295).
       H.R. 3295 sponsored by Congressmen Ney and Hoyer is 
     scheduled for a vote in the House of Representatives this 
     Wednesday, December 12, 2001. The Ney/Hoyer proposal is one 
     of several election reform proposals initiated at the federal 
     level. In my opinion it contains the most comprehensive set 
     of solutions to problems identified in the 2000 election. It 
     most closely reflects the items of consensus identified in 
     the numerous commissions that submitted reports this summer.
       The State Elections Board has not taken a position on any 
     recommended federal legislation. However, as Wisconsin's 
     chief election officer for the past 19 years I would like to 
     urge your serious consideration of H.R. 3295.
       I had the privilege of serving on the Election Center Task 
     Force that consisted entirely of state and local election 
     administrators. Many of our recommendations are reflected in 
     H.R. 3295. The bipartisan proposal strikes a very reasonable 
     balance among the competing interests at stake. Most 
     importantly, the legislation recognizes the role of state and 
     local government in election administration.
       Several stakeholders, including State Election Directors, 
     would like to see more far reaching initiatives. However, 
     given the highly partisan atmosphere in which election reform 
     is discussed, I believe that this legislation provides the 
     most realistic solution. The legislation provides a mechanism 
     for developing realistic standards in conjunction with state 
     and local election administrators and a reasonable funding 
     mechanism.
       None of the minimum standards described in the legislation 
     adversely impact Wisconsin. With the exception of a statewide 
     voter registration database, Wisconsin already meets or 
     exceeds the minimum standards articulated in the legislation. 
     Quite frankly the state legislature recognizes that a 
     statewide voter registration database is inevitable. If 
     funding accompanies the bill, it can be used to assist 
     Wisconsin in getting the system in place.
       H.R. 3295 provides an excellent opportunity to address the 
     lack of confidence in the electoral process that has been 
     fanned by the media. I encourage you to support the bill when 
     it comes up for a vote this week. I would be happy to discuss 
     the impact of this legislation on Wisconsin with you or a 
     member of your staff. Our website, elections.state.wi.us, 
     contains links to the major reports on election reform.
       Please contact me with any questions. I can be reached at 
     608-266-8087.
                                  ____

                                         House of Representatives,


                                         Committee on Science,

                                Washington, DC, November 20, 2001.
     Hon. Bob Ney,
     Chairman, Committee on House Administration, House of 
         Representatives, Washington, DC.
       Dear Bob: On November 14, 2001, you introduced H.R. 3295, 
     the ``Help America Vote Act of 2001.'' The bill was referred 
     to the Committee on House Administration, and in addition to 
     the Committee on Science (among others). The bill contains 
     provisions that fall within the jurisdiction of the Committee 
     on Science.
       In deference to your desire to bring this legislation 
     before the House in an expeditious manner, I will not 
     exercise this Committee's right to mark-up H.R. 3295. Despite 
     waiving its consideration of H.R. 3295, the Science Committee 
     does not waive its jurisdiction over H.R. 3295. Additionally, 
     the Science Committee expressly reserves its authority to 
     seek conferees on any provision that are within its 
     jurisdiction during any House-Senate conference that may be 
     convened on this legislation or like provisions in H.R. 3295 
     or similar legislation which falls within the Science 
     Committee's jurisdiction. I ask for your commitment to 
     support any

[[Page H9307]]

     request by the Science Committee for conferees on H.R. 3295 
     as well as any similar or related legislation.
       I would also like to take this opportunity to thank you for 
     including provision of H.R. 2275 within H.R. 3295. As a 
     result of the negotiation between our Committees, the 
     provisions of the Science Committee's bill to improve voting 
     technology (H.R. 2275) have been incorporated into the Ney-
     Hoyer (H.R. 3295) bill. The thrust of the Science Committee 
     bill was to set up a process to ensure that proper technical 
     standards would be developed to improve voting technology and 
     that a reliable system would be set up to test equipment 
     against those standards. Virtually every provision of the 
     Science Committee bill has been included in the House 
     Administration Committee legislation. Because of the hard 
     work and cooperation between our Committees, the new 
     standards will ensure that voting machines tally voters' 
     ballots accurately. They will help reduce voter error by 
     ensuring that new voting equipment is user-friendly. 
     Additionally, these standards will ensure that voting 
     machines are accessible to the disabled.
       I request that you include this exchange of letters as part 
     of your report on H.R. 3295. I look forward to continuing to 
     work with you on matters of mutual concern.
       Thank you for your consideration and attention regarding 
     these matters.
           Sincerely,
                                             Sherwood L. Boehlert,
     Chairman.
                                  ____

                                         House of Representatives,


                                  Committee on Armed Services,

                                 Washington, DC, December 7, 2001.
     Hon. J. Dennis Hastert,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Mr. Speaker: In recognition of the desire to expedite 
     floor consideration of H.R. 3295, the Help America Vote Act 
     of 2001, the Committee on Armed Services agrees to waive its 
     right to consider this legislation. H.R. 3295, as introduced 
     on November 14, 2001, contains subject matter that falls 
     within the legislative jurisdiction of the Committee on Armed 
     Services pursuant to rule X of the Rules of the House of 
     Representatives.
       The Committee on Armed Services takes this action with the 
     understanding that the Committee's jurisdiction over the 
     provisions in question is in no way diminished or altered, 
     and that the Committee's right to the appointment of 
     conferees during any conference on the bill remains intact.
           Sincerely,
                                                        Bob Stump,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                               Committee on Government Reform,

                                Washington, DC, December 11, 2001.
     Hon. Robert W. Ney,
     Chairman, Committee on House Administration,
     Washington, DC.
       Dear Mr. Chairman: As you know, under Rule X of the Rules 
     of the House of Representatives, Establishment and 
     Jurisdiction of Standing Committees, the Committee on 
     Government Reform has exclusive jurisdiction over matters 
     relating to transportation of the mail, and all matters 
     involving the United States Postal Service. H.R. 3295, the 
     ``Help America Vote Act of 2001,'' includes language that 
     falls within the jurisdiction of the Committee (Title VII--
     Reduced Postage Rates for Official Election Mail). In its 
     present form Title VII would create an open-ended subsidy 
     that would be difficult to administer, and would be financed 
     by a ``tax'' on postal customers.
       I appreciate both you and your staff consulting with my 
     Committee on your legislation. In accordance with our 
     discussions you have agreed to remove Section VII of the 
     bill. The Government Reform Committee will no longer have any 
     jurisdictional claim over the legislation, since no other 
     provisions of the bill are under the purview of the 
     Committee.
       Under the National Voting Rights Act of 1993, Congress 
     contemplated that election officials would have the ability 
     to access the same reduced mailing rates available to non-
     profit organizations. As you mentioned there have been a 
     number of problems associated with the implementation of this 
     part of the law. I am strongly committed to working closely 
     with State and local election officials, the United States 
     Postal Service and you to solve this problem. If this effort 
     proves to be problematic I stand ready to examine 
     alternatives--including a possible legislative solution.
       Thank you again for your consultation and I would ask that 
     a copy of this letter be included in the Congressional Record 
     during Floor consideration. I look forward to continuing 
     cooperation on matters within the jurisdiction of both 
     committees.
           Sincerely,
                                                       Dan Burton,
                                                         Chairman.

  Mr. NEY. Mr. Speaker, I urge the motion to recommit be defeated, and 
I urge support of the bill, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. LaHood). Without objection, the previous 
question is ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. MENENDEZ. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 9 of rule XX, this 15-minute vote on the motion to 
recommit will be followed by a 5-minute vote, if ordered, on the 
question of passage.
  Pursuant to clause 8 of rule XX, proceedings will then resume on the 
three motions to suspend the rules and the one corrections bill 
postponed from yesterday, on which the yeas and nays are ordered, each 
of which will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 197, 
nays 226, not voting 10, as follows:

                             [Roll No. 488]

                               YEAS--197

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lynch
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Shays
     Sherman
     Shows
     Slaughter
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NAYS--226

     Aderholt
     Akin
     Armey
     Bachus
     Baird
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Cox
     Cramer
     Crane
     Crenshaw
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (TX)
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Manzullo
     McCrery
     McHugh

[[Page H9308]]


     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Mollohan
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Souder
     Stearns
     Stenholm
     Stump
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Traficant
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (FL)

                             NOT VOTING--10

     Buyer
     Cubin
     Delahunt
     Dooley
     Evans
     Gonzalez
     Granger
     Hostettler
     Luther
     Young (AK)

                              {time}  1529

  Messrs. GALLEGLY, McHUGH, SHERWOOD, BARTLETT of Maryland, SOUDER, 
FLETCHER, BONILLA, TERRY, WATTS of Oklahoma, PICKERING, and FOLEY 
changed their vote from ``yea'' to ``nay.''
  Mr. BLUMENAUER, Ms. WATERS, and Ms. CARSON of Indiana changed their 
vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.

                              {time}  1530

  The SPEAKER pro tempore (Mr. LaHood). The question is on passage of 
the bill.
  The question was taken; and the Speaker pro tempore announced that 
the yeas appeared to have it.
  Mr. HOYER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 362, 
nays 63, not voting 9, as follows:

                             [Roll No. 489]

                               YEAS--362

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Ballenger
     Barcia
     Barrett
     Bartlett
     Bass
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bono
     Boozman
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (SC)
     Bryant
     Burr
     Burton
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clement
     Clyburn
     Collins
     Combest
     Condit
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crenshaw
     Crowley
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeGette
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Gordon
     Goss
     Graham
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hill
     Hilleary
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Horn
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kind (WI)
     King (NY)
     Kirk
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Largent
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller, Dan
     Miller, Gary
     Miller, George
     Miller, Jeff
     Mink
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Myrick
     Nadler
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pence
     Peterson (MN)
     Peterson (PA)
     Phelps
     Pickering
     Pitts
     Platts
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Reynolds
     Riley
     Rivers
     Roemer
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Rothman
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Schiff
     Schrock
     Serrano
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watson (CA)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (FL)

                                NAYS--63

     Baldwin
     Barr
     Barton
     Becerra
     Blagojevich
     Bonilla
     Bonior
     Brown (OH)
     Capuano
     Clayton
     Coble
     Conyers
     Culberson
     Davis (IL)
     Doggett
     Flake
     Frank
     Goode
     Gutierrez
     Hefley
     Hilliard
     Hinchey
     Jackson (IL)
     Jackson-Lee (TX)
     Jones (NC)
     Jones (OH)
     Kilpatrick
     Kingston
     Kleczka
     Kucinich
     McDermott
     McGovern
     McKinney
     Meehan
     Mollohan
     Murtha
     Napolitano
     Olver
     Pastor
     Paul
     Payne
     Pelosi
     Petri
     Pombo
     Putnam
     Rahall
     Reyes
     Rodriguez
     Rohrabacher
     Roybal-Allard
     Rush
     Sanchez
     Schaffer
     Scott
     Sensenbrenner
     Sessions
     Shadegg
     Shows
     Smith (MI)
     Solis
     Toomey
     Waters
     Watt (NC)

                             NOT VOTING--9

     Buyer
     Cubin
     Delahunt
     Dooley
     Gonzalez
     Granger
     Hostettler
     Luther
     Young (AK)

                              {time}  1539

  Mr. SCHAFFER and Mr. RUSH changed their votes from ``yea'' to 
``nay.''
  Mr. NEAL of Massachusetts changed his vote from ``nay'' to ``yea.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________