[Congressional Record Volume 148, Number 14 (Thursday, February 14, 2002)]
[Senate]
[Pages S865-S876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2878. Mr. DURBIN (for himself and Mr. Nelson of Florida) submitted 
an amendment intended to be proposed by him to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 3, line 9, strike through page 5, line 7, 
     and insert the following:
       (1) In general.--
       (A) Except as provided in subparagraph (B), the voting 
     system (including any lever voting system, optical scanning 
     voting system, optical scanning voting system, direct 
     recording electronic voting system, or punchcard voting 
     system) shall--
       (i) permit the voter to verify the votes selected by the 
     voter on the ballot before the ballot is cast and counted;
       (ii) provide the voter with the opportunity to change the 
     ballot or correct any error before the ballot is cast and 
     counted (including the opportunity to correct the error 
     through the issuance of a replacement ballot if the voter was 
     otherwise unable to change the ballot or correct any error); 
     and
       (iii) if the voter selects votes for more than 1 candidate 
     for a single office--

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

       (B) A State or locality that uses a paper ballot voting 
     system may meet the requirements of subparagraph (A) by--
                                  ____

  SA 2879. Mr. REID (for himself, Mr. Specter, and Mr. Feingold) 
proposed an amendment to the bill S. 565, to establish the Commission 
on Voting Rights and Procedures to study and make recommendations 
regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; as follows:

       At the end, add the following:

                      TITLE V--CIVIC PARTICIPATION

     SEC. 501. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) The right to vote is the most basic constitutive act of 
     citizenship and regaining the right to vote reintegrates 
     offenders into free society. The right to vote may not be 
     abridged or denied by the United States or by any State on 
     account of race, color, gender, or previous condition of 
     servitude. Basic constitutional principles of fairness and 
     equal protection require an equal opportunity for United 
     States citizens to vote in Federal elections.
       (2) Congress has ultimate supervisory power over Federal 
     elections, an authority that has repeatedly been upheld by 
     the Supreme Court.
       (3) Although State laws determine the qualifications for 
     voting in Federal elections, Congress must ensure that those 
     laws are in accordance with the Constitution. Currently, 
     those laws vary throughout the Nation, resulting in 
     discrepancies regarding which citizens may vote in Federal 
     elections.
       (4) An estimated 3,900,000 individuals in the United 
     States, or 1 in 50 adults, currently cannot vote as a result 
     of a felony conviction. Women represent about 500,000 of 
     those 3,900,000.
       (5) State disenfranchisement laws disproportionately impact 
     ethnic minorities.
       (6) Fourteen States disenfranchise ex-offenders who have 
     fully served their sentences, regardless of the nature or 
     seriousness of the offense.
       (7) In those States that disenfranchise ex-offenders who 
     have fully served their sentences, the right to vote can be 
     regained in theory, but in practice this possibility is often 
     illusory.
       (8) In 8 States, a pardon or order from the Governor is 
     required for an ex-offender to regain the right to vote. In 2 
     States, ex-offenders must obtain action by the parole or 
     pardon board to regain that right.
       (9) Offenders convicted of a Federal offense often have 
     additional barriers to regaining voting rights. In at least 
     16 States, Federal ex-offenders cannot use the State 
     procedure for restoring their voting rights. The only method 
     provided by Federal law for restoring voting rights to ex-
     offenders is a Presidential pardon.
       (10) Few persons who seek to have their right to vote 
     restored have the financial and political resources needed to 
     succeed.
       (11) Thirteen percent of the African-American adult male 
     population, or 1,400,000 African-American men, are 
     disenfranchised. Given current rates of incarceration, 3 in 
     10 African-American men in the next generation will be 
     disenfranchised at some point during their lifetimes. 
     Hispanic citizens are also disproportionately 
     disenfranchised, since those citizens are disproportionately 
     represented in the criminal justice system.
       (12) The discrepancies described in this subsection should 
     be addressed by Congress, in the name of fundamental fairness 
     and equal protection.
       (b) Purpose.--The purpose of this title is to restore 
     fairness in the Federal election process by ensuring that ex-
     offenders who have fully served their sentences are not 
     denied the right to vote.

     SEC. 502. DEFINITIONS.

       In this title:
       (1) Correctional institution or facility.--The term 
     ``correctional institution or facility'' means any prison, 
     penitentiary, jail, or other institution or facility for the 
     confinement of individuals convicted of criminal offenses, 
     whether publicly or privately operated, except that such term 
     does not include any residential community treatment center 
     (or similar public or private facility).
       (2) Election.--The term ``election'' means--
       (A) a general, special, primary, or runoff election;
       (B) a convention or caucus of a political party held to 
     nominate a candidate;
       (C) a primary election held for the selection of delegates 
     to a national nominating convention of a political party; or
       (D) a primary election held for the expression of a 
     preference for the nomination of persons for election to the 
     office of President.
       (3) Federal office.--The term ``Federal office'' means the 
     office of President or Vice President, or of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     Congress.
       (4) Parole.--The term ``parole'' means parole (including 
     mandatory parole), or conditional or supervised release 
     (including mandatory supervised release), imposed by a 
     Federal, State, or local court.
       (5) Probation.--The term ``probation'' means probation, 
     imposed by a Federal, State, or local court, with or without 
     a condition on the individual involved concerning--
       (A) the individual's freedom of movement;
       (B) the payment of damages by the individual;
       (C) periodic reporting by the individual to an officer of 
     the court; or
       (D) supervision of the individual by an officer of the 
     court.

     SEC. 503. RIGHTS OF CITIZENS.

       The right of an individual who is a citizen of the United 
     States to vote in any election for Federal office shall not 
     be denied or abridged because that individual has been 
     convicted of a criminal offense unless, at the time of the 
     election, such individual--
       (1) is serving a felony sentence in a correctional 
     institution or facility; or
       (2) is on parole or probation for a felony offense.

     SEC. 504. ENFORCEMENT.

       (a) Attorney General.--The Attorney General may bring a 
     civil action in a court of competent jurisdiction to obtain 
     such declaratory or injunctive relief as is necessary to 
     remedy a violation of this title.
       (b) Private Right of Action.--
       (1) Notice.--A person who is aggrieved by a violation of 
     this title may provide written notice of the violation to the 
     chief election official of the State involved.
       (2) Action.--Except as provided in paragraph (3), if the 
     violation is not corrected within 90 days after receipt of a 
     notice provided under paragraph (1), or within 20 days after 
     receipt of the notice if the violation occurred within 120 
     days before the date of an election for Federal office, the 
     aggrieved person may bring a civil action in such a court

[[Page S866]]

     to obtain the declaratory or injunctive relief with respect 
     to the violation.
       (3) Action for violation shortly before a federal 
     election.--If the violation occurred within 30 days before 
     the date of an election for Federal office, the aggrieved 
     person shall not be required to provide notice to the chief 
     election official of the State under paragraph (1) before 
     bringing a civil action in such a court to obtain the 
     declaratory or injunctive relief with respect to the 
     violation.

     SEC. 505. RELATION TO OTHER LAWS.

       (a) No Prohibition on Less Restrictive Laws.--Nothing in 
     this title shall be construed to prohibit a State from 
     enacting any State law that affords the right to vote in any 
     election for Federal office on terms less restrictive than 
     those terms established by this title.
       (b) No Limitation on Other Laws.--The rights and remedies 
     established by this title shall be in addition to all other 
     rights and remedies provided by law, and shall not supersede, 
     restrict, or limit the application of the Voting Rights Act 
     of 1965 (42 U.S.C. 1973 et seq.) or the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
                                  ____

  SA 2880. Mr. THOMAS (for himself and Mr. Enzi) submitted an amendment 
intended to be proposed by him to the bill S. 565, to establish the 
Commission on Voting Rights and Procedures to study and make 
recommendations regarding election technology, voting, and election 
administration, to establish a grant program under which the Office of 
Justice Programs and the Civil Rights Division of the Department of 
Justice shall provide assistance to States and localities in improving 
election technology and the administration of Federal elections, to 
require States to meet uniform and nondiscriminatory election 
technology and administration requirements for the 2004 Federal 
elections, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 5, strike line 22 and all that follows 
     through line 13 on page 6, and insert the following:
       (3) Accessibility for individuals with disabilities.--
       (A) In general.--The voting system shall--
       (i) be accessible for individuals with disabilities, 
     including nonvisual accessibility for the blind and visually 
     impaired, in a manner that provides the same opportunity for 
     access and participation (including privacy and independence) 
     as for other voters;
       (ii) except as provided in subparagraph (B), satisfy the 
     requirement of clause (i) through the use of at least 1 
     direct recording electronic voting system or other voting 
     system equipped for individuals with disabilities at each 
     polling place; and
       (iii) meet the voting system standards for disability 
     access if purchased with funds made available under title II 
     on or after January 1, 2007.
       (B) Access to voting systems in rural areas.--The 
     requirement of subparagraph (A)(ii) shall not apply to a 
     city, town, or unincorporated area in a State if--
       (i) pursuant to the most recent Decennial Census (including 
     any supplemental surveys thereto), the city, town, or area is 
     determined to have a population of less than 50,000 
     inhabitants (other than an urbanized area immediately 
     adjacent to a city, town, or unincorporated area that has a 
     populations in excess of 50,000 inhabitants); and
       (ii) the State submits, as part of the State plan submitted 
     under section 202, a plan demonstrating that individuals with 
     disabilities in the city, town, or unincorporated areas 
     involved will be permitted to vote through the use of--

       (I) direct recording electronic voting systems or other 
     voting systems equipped for individuals with disabilities 
     that are located at the office of each county clerk within 
     the areas involved, or the office of each chief election 
     official with jurisdiction over the areas involved, and that 
     are available to such individuals during normal business 
     hours for the entire period in which absentee ballots for the 
     election involved are permitted to be submitted; or
       (II) other voting systems determined to be appropriate to 
     provide voting accessibility to individuals with 
     disabilities.
                                  ____


  SA 2881. Mr. THOMAS submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 17, between lines 22 and 23, insert the following:
       (iii) Notwithstanding the preceding provisions of this 
     subparagraph, if a State is described in section 4(b) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     2(b)), that State shall remove the names of ineligible voters 
     from the computerized list in accordance with State law.
       On page 20, strike lines 14 through 16, and insert the 
     following:
       (B) who is--
       (i) entitled to vote by absentee ballot under the Uniformed 
     and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 
     et seq.);
       (ii) provided the right to vote otherwise than in person 
     under section 3(b)(2)(B)(ii) of the Voting Accessibility for 
     the Elderly and Handicapped Act (42 U.S.C. 1973ee-
     1(b)(2)(B)(ii)); or
       (iii) entitled to vote otherwise than in person under any 
     other Federal law.
       On page 21, between lines 8 and 9, insert the following:
       (5) Construction.--Nothing in this subsection shall be 
     construed to require a State that was not required to comply 
     with a provision of the National Voter Registration Act of 
     1993 (42 U.S.C. 1973gg et seq.) before the date of enactment 
     of this Act to comply with such a provision after such date.
                                  ____

  SA 2882. Mr. THOMAS submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2002 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 14, between lines 2 and 3, insert the following: 
     ``Nothing in this subsection shall be construed to limit a 
     State's ability to provide for additional requirements for 
     the casting, challenging, and counting of provisional 
     ballots, including requirements for identification and 
     allowing third parties to challenge voter eligibility. States 
     described in section 4(b) of the National Voter Registration 
     Act of 1993 (42 U.S.C. 1973gg-2(b)) may meet the requirements 
     of this subsection using voter registration procedures 
     established under applicable State law.''
                                  ____

  SA 2883. Mr. CLELAND (for himself and Mr. Miller) submitted an 
amendment intended to be proposed by him to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2002 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       Amend section 1(a) to read as follows:
       (a) Short Title.--This Act may be cited as the ``Martin 
     Luther King, Jr. Equal Protection of Voting Rights Act of 
     2001''.
                                  ____

  SA 2884. Mr. CLELAND submitted an amendment intended to be proposed 
by him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       Amend section 103(b)(3)(B) to read as follows:
       (B) who is--
       (i) an absent uniformed services voter or an overseas 
     voter, as defined in section 107 of the Uniform and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff--6);
       (ii) a handicapped or elderly voter, as defined in section 
     8 of the Voting Accessibility for the Elderly and Handicapped 
     Act (42 U.S.C. 1973ee--6); or
       (iii) described in a subparagraph of section 6(c)(2) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg--
     4(c)(2)).

[[Page S867]]

     
                                  ____
  SA 2885. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 18, between lines 7 and 8, insert the following:
       (4) Interaction with federal information.--
       (A) Access to federal information.--
       (i) In general.--Notwithstanding any other provision of 
     law, the Commissioner of Social Security, the Attorney 
     General, and the Commissioner of the Immigration and 
     Naturalization Service shall provide, upon request from a 
     State or locality maintaining a computerized centralized list 
     implemented under paragraph (1), only such information as is 
     necessary to determine the eligibility of an individual to 
     vote in such State or locality under the law of the State or 
     locality. Any State or locality that receives information 
     under this clause may only share such information with 
     election officials.
       (ii) Procedure.--The records under clause (i) shall be 
     provided in such place and such manner as the applicable 
     agency head determines appropriate to protect and prevent the 
     misuse of information.
       (iii) Duplicative information.--If a State or locality is 
     provided with access to applicable records under clause (i), 
     any other State or locality may access such records through 
     the State or locality that had access to the records under 
     such clause.
       (B) Applicable records.--For purposes of this subsection, 
     the term ``applicable records'' means--
       (i) in the case of the Social Security Administration, 
     information needed to verify--

       (I) the social security number of an individual; or
       (II) whether such individual is shown on the records of the 
     Commissioner of Social Security as being alive or deceased;

       (ii) in the case of the Immigration and Naturalization 
     Service, information needed to verify whether or not an 
     individual is a citizen of the United States or lawfully 
     admitted for permanent residence; and
       (iii) in the case of the Attorney General, information 
     regarding felony convictions of individuals.
       (C) Exception.--Subparagraph (A) shall not apply to any 
     request for a record of an individual if the applicable 
     agency head determines there are exceptional circumstances 
     warranting an exception (such as safety of the individual or 
     interference with an investigation).
                                  ____

  SA 2886. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 22, after line 25, insert the following:

     SEC. 105. COMPLIANCE WITH ELECTION TECHNOLOGY AND 
                   ADMINISTRATION REQUIREMENTS CONDITIONED ON 
                   FUNDING.

       Notwithstanding any other provision of this title, no State 
     or locality shall be required to meet a requirement of this 
     title prior to the date on which funds are appropriated 
     pursuant to the authorization contained in section 209.
                                  ____

  SA 2887. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. ____. 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.''.
                                  ____

  SA 2888. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. ____. MINIMUM STANDARDS FOR WHAT CONSTITUTES A VOTE.

       (a) In General.--The chief State election official of each 
     State shall certify in writing to the Election Administration 
     Commission that the State has enacted legislation that 
     establishes uniform standards that define what will 
     constitute a vote on each type of voting equipment used in 
     the State to conduct elections for Federal office.
       (b) Methods of Implementation Left to Discretion of 
     State.--The specific choices on the methods of implementing 
     the legislation enacted pursuant to subsection (a) shall be 
     left to the discretion of the State.
       (c) Enforcement.--
       (1) Report by commission to attorney general.--If a State 
     does not provide a certification under subsection (a) to the 
     Election Administration 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.
       (2) Action by attorney general.--After receiving notice 
     from the Commission under paragraph (1), 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 section.
       (d) Chief State Election Official Defined.--In this 
     section, the term ``chief State election official'' means, 
     with respect to a State, the individual designated by that 
     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.
       (e) Grants.--
       (1) In general.--The Uniform and Nondiscriminatory Election 
     Technology and Administration Requirements Grant Program 
     established by section 201(a) is authorized to make grants, 
     in the manner described in subtitle A of title II, to States 
     and localities to pay the costs of activities necessary to 
     meet the requirements of this section.
       (2) State plans.--A State plan under section 202 shall 
     include a description of how the State will use the funds 
     made available under subtitle A of title II to meet the 
     requirements of this section.
       (3) Authorized activities.--A State or locality may use 
     grant payments received under subtitle A of title II to meet 
     the requirements of this section.
       (4) Retroactive payments.--The Attorney General may make 
     retroactive payments to States and localities having an 
     application approved under section 203 for any costs for 
     activities necessary to meet the requirements of this section 
     that were incurred during the period referred to in section 
     206(b).
       (f) Effective Date.--The requirements of this section shall 
     take effect upon the expiration of the 2-year period which 
     begins on the date of 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 section 
     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.

[[Page S868]]

     SEC. ____. STUDIES AND REPORTS ON STATE RECOUNT AND CONTEST 
                   PROCEDURES.

       (a) Studies.--
       (1) In general.--The Election Administration Commission 
     established under section 301 (in this section referred to as 
     the ``Commission'') shall conduct periodic studies that 
     systematically examine the laws and procedures used by States 
     that govern--
       (A) recounts of ballots cast in elections for Federal 
     office; and
       (B) contests of determinations regarding whether votes are 
     counted in such elections.
       (2) Issues.--As part of the study conducted under paragraph 
     (1), the Commission shall--
       (A) identify the best practices used by States with respect 
     to the recounts and contests described in paragraph (1); and
       (B) study whether or not there is a need for more 
     consistency among State recount and contest procedures used 
     with respect to elections for Federal office.
       (b) Reports to the President and Congress.--The Commission 
     shall submit to the President and Congress a report on each 
     study conducted under subsection (a)(1) together with such 
     recommendations for administrative and legislative action as 
     the Commission determines is appropriate.
       (c) Recommendations to the States.--
       (1) Reports to states.--If the Commission determines that 
     the laws or procedures of a State with respect to the 
     recounts and contests described in subsection (a)(1) could be 
     improved, the Commission shall submit to the chief executive 
     of that State a report that--
       (A) identifies the best practices used by States with 
     respect to such recounts and contests; and
       (B) recommends ways in which the laws or procedures of that 
     State with respect to such recounts and contests could be 
     improved based on such practices.
       (2) Follow-up reports to states.--Not later than 1 year 
     after the Commission submits a report under paragraph (1), 
     the Commission shall, after consulting with State and local 
     election officials of the State to which the report was 
     submitted, issue a follow-up report to the chief executive of 
     that State describing the progress of the State in 
     implementing the recommendations of the Commission, or (if 
     applicable), the reasons that the State is not implementing 
     such recommendations.
                                  ____

  SA 2889. Mr. LIEBERMAN (for himself and Mr. Feingold) submitted an 
amendment intended to be proposed by him to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. ____. REPRESENTATION IN CONGRESS FOR DISTRICT OF 
                   COLUMBIA.

       Notwithstanding any other provision of law, the community 
     of American citizens who are residents of the District 
     constituting the seat of Government of the United States 
     shall have full voting representation in Congress.

     SEC. ____. EXEMPTION FROM TAX FOR INDIVIDUALS WHO ARE 
                   RESIDENTS OF THE DISTRICT OF COLUMBIA.

       (a) In General.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to items 
     specifically excluded from gross income) is amended by 
     inserting after section 138 the following new section:

     ``SEC. 138A. RESIDENTS OF THE DISTRICT OF COLUMBIA.

       ``(a) Exemption for Residents During Years Without Full 
     Voting Representation in Congress.--This section shall apply 
     with respect to any taxable year during which residents of 
     the District of Columbia are not represented in the House of 
     Representatives and the Senate by individuals who are elected 
     by the voters of the District and who have the same voting 
     rights in the House of Representatives and the Senate as 
     Members who represent States.
       ``(b) Residents for Entire Taxable Year.--An individual who 
     is a bona fide resident of the District of Columbia during 
     the entire taxable year shall be exempt from taxation under 
     this chapter for such taxable year.
       ``(c) Taxable Year of Change of Residence From District of 
     Columbia.--
       ``(1) In general.--In the case of an individual who has 
     been a bona fide resident of the District of Columbia for a 
     period of at least 2 years before the date on which such 
     individual changes his residence from the District of 
     Columbia, income which is attributable to that part of such 
     period of District of Columbia residence before such date 
     shall not be included in gross income and shall be exempt 
     from taxation under this chapter.
       ``(2) Deductions, etc. allocable to excluded amounts not 
     allowable.--An individual shall not be allowed--
       ``(A) as a deduction from gross income any deductions 
     (other than the deduction under section 151, relating to 
     personal exemptions), or
       ``(B) any credit,

     properly allocable or chargeable against amounts excluded 
     from gross income under this subsection.
       ``(d) Determination of Residency.--
       ``(1) In general.--For purposes of this section, the 
     determination of whether an individual is a bona fide 
     resident of the District of Columbia shall be made under 
     regulations prescribed by the Secretary.
       ``(2) Individuals registered to vote in other 
     jurisdictions.--No individual may be treated as a bona fide 
     resident of the District of Columbia for purposes of this 
     section with respect to a taxable year if at any time during 
     the year the individual is registered to vote in any other 
     jurisdiction.''.
       (b) No Wage Withholding.--Paragraph (8) of section 3401(a) 
     of such Code is amended by adding at the end the following 
     new subparagraph:
       ``(E) for services for an employer performed by an employee 
     if it is reasonable to believe that during the entire 
     calendar year the employee will be a bona fide resident of 
     the District of Columbia unless section 138A is not in effect 
     throughout such calendar year; or''.
       (c) Clerical Amendment.--The table of sections for part III 
     of subchapter B of chapter 1 of such Code is amended by 
     inserting after the item relating to section 138 the 
     following new item:

``Sec. 138A. Residents of the District of Columbia.''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after the date of enactment 
     of this Act.
       (2) Withholding.--The amendment made by subsection (b) 
     shall apply to remuneration paid after the date of enactment 
     of this Act.
                                  ____

  SA 2890. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; as 
follows:

       At the end of title IV, add the following:

     SEC. 402. AUTHORIZED LEAVE FOR FEDERAL EMPLOYEES TO PERFORM 
                   POLL WORKER SERVICE IN FEDERAL ELECTIONS.

       (a) Short Title.--This section may be cited as the 
     ``Federal Employee Voter Assistance Act of 2002''.
       (b) Leave for Federal Employees.--Chapter 63 of title 5, 
     United States Code, is amended by inserting after section 
     6328 the following:

     ``Sec. 6329. Leave for poll worker service

       ``(a) In this section, the term--
       ``(1) `employee' means an employee of an Executive agency 
     (other than the General Accounting Office) who is not a 
     political appointee;
       ``(2) `political appointee' means any individual who--
       ``(A) is employed in a position that requires appointment 
     by the President, by and with the advice and consent of the 
     Senate;
       ``(B) is employed in a position on the executive schedule 
     under sections 5312 through 5316;
       ``(C) is a noncareer appointee in the senior executive 
     service as defined under section 3132(a)(7); or
       ``(D) is employed in a position that is excepted from the 
     competitive service because of the confidential policy-
     determining, policy-making, or policy-advocating character of 
     the position; and
       ``(3) `poll worker service'--
       ``(A) means--
       ``(i) administrative and clerical, nonpartisan service 
     relating to a Federal election performed at a polling place 
     on the date of that election; and
       ``(ii) training before or on that date to perform service 
     described under clause (i); and
       ``(B) shall not include taking an active part in political 
     management or political campaigns as defined under section 
     7323(b)(4).
       ``(b)(1)(A) Subject to subparagraph (B), the head of an 
     agency shall grant an employee paid leave under this section 
     to perform poll worker service.
       ``(B) The head of an agency may deny any request for leave 
     under this section if the denial is based on the exigencies 
     of the public business.
       ``(2) Leave under this section--
       ``(A) shall be in addition to any other leave to which an 
     employee is otherwise entitled;
       ``(B) may not exceed 3 days in any calendar year; and

[[Page S869]]

       ``(C) may be used only in the calendar year in which that 
     leave is granted.
       ``(3) An employee requesting leave under this section shall 
     submit written documentation from election officials 
     substantiating the training and service of the employee.
       ``(4) An employee who uses leave under this section to 
     perform poll worker service may not receive payment for that 
     poll worker service.''.
       (b) Regulations.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations to carry out the amendments made 
     by this section.
       (2) Effective date.--This subsection shall take effect on 
     the date of enactment of this Act.
       (c) Reports.--
       (1) Initial report.--Not later than June 1, 2005, the 
     Office of Personnel Management shall submit a report to 
     Congress on the implementation of section 6329 of title 5, 
     United States Code (as added by this section), and the extent 
     of participation by Federal employees under that section.
       (2) Subsequent reports.--
       (A) In general.--Not later than 6 months after the date of 
     each general election for the Office of the President, the 
     Office of Personnel Management shall submit a report to 
     Congress on the participation of Federal employees under 
     section 6329 of title 5, United States Code (as added by this 
     section), with respect to all Federal elections which 
     occurred in the 54-month period preceding that submission 
     date.
       (B) Effective date.--This paragraph shall take effect on 
     January 1, 2008.
       (d) Technical and Conforming Amendments.--The table of 
     sections for chapter 63 of title 5, United States Code, is 
     amended by inserting after the item relating to section 6328 
     the following:

``6329. Leave for poll worker service.''.
       (e) Effective Date.--Except as otherwise provided in this 
     section, this section shall take effect 6 months after the 
     date of enactment of this Act.
                                  ____

  SA 2891. Mr. KYL proposed an amendment to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; as follows:

       On page 68, between lines 17 and 18, insert the following:

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

       Section 205(c)(2) of the Social Security Act (42 U.S.C. 
     405(c)(2)) is amended by adding at the end the following new 
     subparagraph:
       ``(I)(i) It is the policy of the United States that any 
     State (or political subdivision thereof) may, in the 
     administration of any voter registration or other election 
     law, use the social security account numbers issued by the 
     Commissioner of Social Security for the purpose of 
     establishing the identification of individuals affected by 
     such law, and may require any individual who is, or appears 
     to be, so affected to furnish to such State (or political 
     subdivision thereof) or any agency thereof having 
     administrative responsibility for the law involved, the 
     social security account number (or numbers, if such 
     individual has more than one such number) issued to such 
     individual by the Commissioner of Social Security.
       ``(ii) For purposes of clause (i), an agency of a State (or 
     political subdivision thereof) charged with the 
     administration of any voter registration or other election 
     law that did not use the social security account number for 
     identification under a law or regulation adopted before 
     January 1, 2002, may require an individual to disclose his or 
     her social security number to such agency solely for the 
     purpose of administering the laws referred to in such clause.
       ``(iii) If, and to the extent that, any provision of 
     Federal law enacted before the date of enactment of the Equal 
     Protection of Voting Rights Act of 2002 is inconsistent with 
     the policy set forth in clause (i), such provision shall, on 
     and after the date of the enactment of such Act, be null, 
     void, and of no effect.''.
                                  ____

  SA 2892. Mr. McCONNELL proposed an amendment to amendment SA 2891 
proposed by Mr. Kyl to the bill (S. 565) to establish the Commission on 
Voting Rights and Procedures to study and make recommendations 
regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; as follows:

       At the end of the amendment, add the following:
       (b) Construction.--Nothing in this section may be construed 
     to supersede any privacy guarantee under any Federal or State 
     law that applies with respect to a social security number.
                                  ____

  SA 2893. Mr. ENSIGN (for himself, Mr. Hatch, and Mr. Burns) submitted 
an amendment intended to be proposed by him to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 22, after line 25, insert the following:

     SEC. 105. COMPLIANCE WITH ELECTION TECHNOLOGY AND 
                   ADMINISTRATION REQUIREMENTS CONDITIONED ON 
                   FUNDING.

       Notwithstanding any other provision of this title, no State 
     or locally shall be required to meet a requirement of this 
     title prior to the date on which funds are appropriated at 
     the full authorized level contained in section 209.
                                  ____

  SA 2894. Mr. HOLLINGS (for himself and Mr. REID) submitted an 
amendment intended to be proposed by him to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC.  . ELECTION DAY HOLIDAY STUDY.

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

  SA 2895. Mr. DURBIN (for himself, Mr. Nelson of Florida, and Mr. 
Graham) proposed an amendment to the bill S. 565, to establish the 
Commission on Voting Rights and Procedures to study and make 
recommendations

[[Page S870]]

regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; as follows:

       Beginning on page 3, line 9, strike through page 5, line 
     14, and insert the following:
       (1) In general.--
       (A) Except as provided in subparagraph (B), the voting 
     system (including any lever voting system, optical scanning 
     voting system, direct recording electronic voting system, or 
     punchcard voting system) shall--
       (i) permit the voter to verify the votes selected by the 
     voter on the ballot before the ballot is cast and counted;
       (ii) provide the voter with the opportunity to change the 
     ballot or correct any error before the ballot is cast and 
     counted (including the opportunity to correct the error 
     through the issuance of a replacement ballot if the voter was 
     otherwise unable to change the ballot or correct any error); 
     and
       (iii) if the voter selects votes for more than 1 candidate 
     for a single office--

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

       (B) A State or locality that uses a paper ballot voting 
     system or a central count voting system (including mail-in 
     absentee ballots or mail-in ballots) may meet the 
     requirements of subparagraph (A) by--
       (i) establishing a voter education program specific to that 
     voting system that notifies each voter of the effect of 
     casting multiple votes for an office; and
       (ii) providing the voter with instructions on how to 
     correct the ballot before it is cast and counted (including 
     instructions on how to correct the error through the issuance 
     of a replacement ballot if the voter was otherwise unable to 
     change the ballot or correct any error).
                                  ____

  SA 2896. Mr. DASCHLE proposed an amendment to the bill H.R. 3090, to 
provide tax incentives for economic recovery; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Temporary 
     Extended Unemployment Compensation Act of 2002''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Federal-State agreements.
Sec. 3. Temporary extended unemployment compensation account.
Sec. 4. Payments to States having agreements under this Act.
Sec. 5. Financing provisions.
Sec. 6. Fraud and overpayments.
Sec. 7. Definitions.
Sec. 8. Applicability.

     SEC. 2. FEDERAL-STATE AGREEMENTS.

       (a) In General.--Any State which desires to do so may enter 
     into and participate in an agreement under this Act with the 
     Secretary of Labor (in this Act referred to as the 
     ``Secretary''). Any State which is a party to an agreement 
     under this Act may, upon providing 30 days written notice to 
     the Secretary, terminate such agreement.
       (b) Provisions of Agreement.--Any agreement under 
     subsection (a) shall provide that the State agency of the 
     State will make payments of temporary extended unemployment 
     compensation to individuals--
       (1) who--
       (A) first exhausted all rights to regular compensation 
     under the State law on or after the first day of the week 
     that includes September 11, 2001; or
       (B) have their 26th week of regular compensation under the 
     State law end on or after the first day of the week that 
     includes September 11, 2001;
       (2) who do not have any rights to regular compensation 
     under the State law of any other State; and
       (3) who are not receiving compensation under the 
     unemployment compensation law of any other country.
       (c) Coordination Rules.--
       (1) Temporary extended unemployment compensation to serve 
     as second-tier benefits.--Notwithstanding any other provision 
     of law, neither regular compensation, extended compensation, 
     nor additional compensation under any Federal or State law 
     shall be payable to any individual for any week for which 
     temporary extended unemployment compensation is payable to 
     such individual.
       (2) Treatment of other unemployment compensation.--After 
     the date on which a State enters into an agreement under this 
     Act, any regular compensation in excess of 26 weeks, any 
     extended compensation, and any additional compensation under 
     any Federal or State law shall be payable to an individual in 
     accordance with the State law after such individual has 
     exhausted any rights to temporary extended unemployment 
     compensation under the agreement.
       (d) Exhaustion of Benefits.--For purposes of subsection 
     (b)(1)(A), an individual shall be deemed to have exhausted 
     such individual's rights to regular compensation under a 
     State law when--
       (1) no payments of regular compensation can be made under 
     such law because the individual has received all regular 
     compensation available to the individual based on employment 
     or wages during the individual's base period; or
       (2) the individual's rights to such compensation have been 
     terminated by reason of the expiration of the benefit year 
     with respect to which such rights existed.
       (e) Weekly Benefit Amount, Terms and Conditions, Etc. 
     Relating to Temporary Extended Unemployment Compensation.--
     For purposes of any agreement under this Act--
       (1) the amount of temporary extended unemployment 
     compensation which shall be payable to an individual for any 
     week of total unemployment shall be equal to the amount of 
     regular compensation (including dependents' allowances) 
     payable to such individual under the State law for a week for 
     total unemployment during such individual's benefit year;
       (2) the terms and conditions of the State law which apply 
     to claims for regular compensation and to the payment thereof 
     shall apply to claims for temporary extended unemployment 
     compensation and the payment thereof, except where 
     inconsistent with the provisions of this Act or with the 
     regulations or operating instructions of the Secretary 
     promulgated to carry out this Act; and
       (3) the maximum amount of temporary extended unemployment 
     compensation payable to any individual for whom a temporary 
     extended unemployment compensation account is established 
     under section 3 shall not exceed the amount established in 
     such account for such individual.

     SEC. 3. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.

       (a) In General.--Any agreement under this Act shall provide 
     that the State will establish, for each eligible individual 
     who files an application for temporary extended unemployment 
     compensation, a temporary extended unemployment compensation 
     account.
       (b) Amount in Account.--
       (1) In general.--The amount established in an account under 
     subsection (a) shall be equal 13 times the individual's 
     weekly benefit amount.
       (2) Weekly benefit amount.--For purposes of paragraph 
     (1)(B), an individual's weekly benefit amount for any week is 
     an amount equal to the amount of regular compensation 
     (including dependents' allowances) under the State law 
     payable to the individual for such week for total 
     unemployment.

     SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS ACT.

       (a) General Rule.--There shall be paid to each State that 
     has entered into an agreement under this Act an amount equal 
     to 100 percent of the temporary extended unemployment 
     compensation paid to individuals by the State pursuant to 
     such agreement.
       (b) Determination of Amount.--Sums under subsection (a) 
     payable to any State by reason of such State having an 
     agreement under this Act shall be payable, either in advance 
     or by way of reimbursement (as may be determined by the 
     Secretary), in such amounts as the Secretary estimates the 
     State will be entitled to receive under this Act for each 
     calendar month, reduced or increased, as the case may be, by 
     any amount by which the Secretary finds that the Secretary's 
     estimates for any prior calendar month were greater or less 
     than the amounts which should have been paid to the State. 
     Such estimates may be made on the basis of such statistical, 
     sampling, or other method as may be agreed upon by the 
     Secretary and the State agency of the State involved.
       (c) Administrative Expenses.--There are appropriated out of 
     the employment security administration account (as 
     established by section 901(a) of the Social Security Act (42 
     U.S.C. 1101(a)) of the Unemployment Trust Fund, without 
     fiscal year limitation, such funds as may be necessary for 
     purposes of assisting States (as provided in title III of the 
     Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
     costs of administration of agreements under this Act.

     SEC. 5. FINANCING PROVISIONS.

       (a) In General.--Funds in the extended unemployment 
     compensation account (as established by section 905(a) of the 
     Social Security Act (42 U.S.C. 1105(a))), and the Federal 
     unemployment account (as established by section 904(g) of 
     such Act (42 U.S.C. 1104(g))), of the Unemployment Trust Fund 
     (as established by section 904(a) of such Act (42 U.S.C. 
     1104(a))) shall be used, in accordance with subsection (b), 
     for the making of payments (described in section 4(a)) to 
     States having agreements entered into under this Act.
       (b) Certification.--The Secretary shall from time to time 
     certify to the Secretary of the Treasury for payment to each 
     State the sums described in section 4(a) which are payable to 
     such State under this Act. The Secretary of the Treasury, 
     prior to audit or settlement by the General Accounting 
     Office, shall make payments to the State in accordance with 
     such certification by transfers from the extended 
     unemployment compensation account, as so established (or, to 
     the extent that there are insufficient funds in that

[[Page S871]]

     account, from the Federal unemployment account, as so 
     established) to the account of such State in the Unemployment 
     Trust Fund (as so established).

     SEC. 6. FRAUD AND OVERPAYMENTS.

       (a) In General.--If an individual knowingly has made, or 
     caused to be made by another, a false statement or 
     representation of a material fact, or knowingly has failed, 
     or caused another to fail, to disclose a material fact, and 
     as a result of such false statement or representation or of 
     such nondisclosure such individual has received any temporary 
     extended unemployment compensation under this Act to which 
     such individual was not entitled, such individual--
       (1) shall be ineligible for any further benefits under this 
     Act in accordance with the provisions of the applicable State 
     unemployment compensation law relating to fraud in connection 
     with a claim for unemployment compensation; and
       (2) shall be subject to prosecution under section 1001 of 
     title 18, United States Code.
       (b) Repayment.--In the case of individuals who have 
     received any temporary extended unemployment compensation 
     under this Act to which such individuals were not entitled, 
     the State shall require such individuals to repay those 
     benefits to the State agency, except that the State agency 
     may waive such repayment if it determines that--
       (1) the payment of such benefits was without fault on the 
     part of any such individual; and
       (2) such repayment would be contrary to equity and good 
     conscience.
       (c) Recovery by State Agency.--
       (1) In general.--The State agency may recover the amount to 
     be repaid, or any part thereof, by deductions from any 
     regular compensation or temporary extended unemployment 
     compensation payable to such individual under this Act or 
     from any unemployment compensation payable to such individual 
     under any Federal unemployment compensation law administered 
     by the State agency or under any other Federal law 
     administered by the State agency which provides for the 
     payment of any assistance or allowance with respect to any 
     week of unemployment, during the 3-year period after the date 
     such individuals received the payment of the temporary 
     extended unemployment compensation to which such individuals 
     were not entitled, except that no single deduction may exceed 
     50 percent of the weekly benefit amount from which such 
     deduction is made.
       (2) Opportunity for hearing.--No repayment shall be 
     required, and no deduction shall be made, until a 
     determination has been made, notice thereof and an 
     opportunity for a fair hearing has been given to the 
     individual, and the determination has become final.
       (d) Review.--Any determination by a State agency under this 
     section shall be subject to review in the same manner and to 
     the same extent as determinations under the State 
     unemployment compensation law, and only in that manner and to 
     that extent.

     SEC. 7. DEFINITIONS.

       In this Act, the terms ``compensation'', ``regular 
     compensation'', ``extended compensation'', ``additional 
     compensation'', ``benefit year'', ``base period'', ``State'', 
     ``State agency'', ``State law'', and ``week'' have the 
     respective meanings given such terms under section 205 of the 
     Federal-State Extended Unemployment Compensation Act of 1970 
     (26 U.S.C. 3304 note).

     SEC. 8. APPLICABILITY.

       An agreement entered into under this Act shall apply to 
     weeks of unemployment--
       (1) beginning after the date on which such agreement is 
     entered into; and
       (2) ending before January 6, 2003.
                                  ____

  SA 2897. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. ____. REDUCED RATE ABSENTEE BALLOT POSTAGE PILOT 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Pilot program.--The term ``pilot program'' means the 
     pilot program established under subsection (b).
       (2) Postal service.--The term ``Postal Service'' means the 
     United States Postal Service established under section 201 of 
     title 39, United States Code.
       (b) Establishment.--Notwithstanding any other provision of 
     law, the Federal Election Commission and the Postal Service 
     shall jointly establish a pilot program under which the 
     Postal Service shall waive the amount of postage, applicable 
     with respect to absentee ballots submitted by voters in 
     general elections for Federal office (other than balloting 
     materials mailed under section 3406 of title 39, United 
     States Code). Such pilot program shall not apply with respect 
     to the postage required to send the absentee ballots to 
     voters.
       (c) Pilot States.--The Federal Election Commission and the 
     Postal Service shall jointly select a State or States in 
     which to conduct the pilot program.
       (d) Duration.--The pilot program shall be conducted with 
     respect to absentee ballots submitted in the general election 
     for Federal office held in 2004.
       (e) Public Survey.--In order to assist the Federal Election 
     Commission in making the determinations under subsection 
     (f)(1), the Federal Election Commission and the Postal 
     Service shall jointly conduct a public survey of individuals 
     who participated in the pilot program.
       (f) Study and Report.--
       (1) Study.--The Federal Election Commission shall conduct a 
     study of the pilot program to determine--
       (A) the effectiveness of the pilot program;
       (B) the feasibility of nationally implementing the pilot 
     program; and
       (C) the demographics of voters who participated in the 
     pilot program.
       (2) Report.--
       (A) In general.--Not later than the date that is 90 days 
     after the date on which the general election for Federal 
     office for 2004 is held, the Federal Election Commission 
     shall submit to the Committees on Governmental Affairs and 
     Rules and Administration of the Senate and the Committees on 
     Government Reform and House Administration of the House of 
     Representatives a report on the pilot program together with 
     such recommendations for legislative and administrative 
     action as the Federal Election Commission determines 
     appropriate.
       (B) Recommendations regarding the elderly and disabled.--
     The report submitted under subparagraph (A) shall--
       (i) include recommendations of the Federal Election 
     Commission on whether to expand the pilot program to target 
     elderly individuals and individuals with disabilities; and
       (ii) identify methods of targeting such individuals.
       (g) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $1,000,000 for fiscal year 2004 to carry out this section.
       (2) Responsibilities contingent on funding.--The Federal 
     Election Commission and the Postal Service shall not be 
     required to carry out any responsibility under this section 
     unless the amount described in paragraph (1) is appropriated 
     to carry out this section.
                                  ____

  SA 2898. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; as 
follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. ____. REDUCED RATE ABSENTEE BALLOT POSTAGE PILOT 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Pilot program.--The term ``pilot program'' means the 
     pilot program established under subsection (b).
       (2) Postal service.--The term ``Postal Service'' means the 
     United States Postal Service established under section 201 of 
     title 39, United States Code.
       (b) Establishment.--Notwithstanding any other provision of 
     law, the Federal Election Commission and the Postal Service 
     shall jointly establish a pilot program under which the 
     Postal Service shall waive the amount of postage, applicable 
     with respect to absentee ballots submitted by voters in 
     general elections for Federal office (other than balloting 
     materials mailed under section 3406 of title 39, United 
     States Code). Such pilot program shall not apply with respect 
     to the postage required to send the absentee ballots to 
     voters.
       (c) Pilot States.--The Federal Election Commission and the 
     Postal Service shall jointly select a State or States in 
     which to conduct the pilot program.
       (d) Duration.--The pilot program shall be conducted with 
     respect to absentee ballots submitted in the general election 
     for Federal office held in 2004.
       (e) Public Survey.--In order to assist the Federal Election 
     Commission in making the determinations under subsection 
     (f)(1), the Federal Election Commission and the Postal 
     Service shall jointly conduct a public survey of individuals 
     who participated in the pilot program.
       (f) Study and Report.--
       (1) Study.--The Federal Election Commission shall conduct a 
     study of the pilot program to determine--
       (A) the effectiveness of the pilot program;
       (B) the feasibility of nationally implementing the pilot 
     program; and
       (C) the demographics of voters who participated in the 
     pilot program.

[[Page S872]]

       (2) Report.--
       (A) In general.--Not later than the date that is 90 days 
     after the date on which the general election for Federal 
     office for 2004 is held, the Federal Election Commission 
     shall submit to the Committees on Governmental Affairs and 
     Rules and Administration of the Senate and the Committees on 
     Government Reform and House Administration of the House of 
     Representatives a report on the pilot program together with 
     such recommendations for legislative and administrative 
     action as the Federal Election Commission determines 
     appropriate.
       (B) Recommendations regarding the elderly and disabled.--
     The report submitted under subparagraph (A) shall--
       (i) include recommendations of the Federal Election 
     Commission on whether to expand the pilot program to target 
     elderly individuals and individuals with disabilities; and
       (ii) identify methods of targeting such individuals.
       (g) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $1,000,000 for fiscal year 2004 to carry out this section.
       (2) Responsibilities contingent on funding.--The Federal 
     Election Commission and the Postal Service shall not be 
     required to carry out any responsibility under this section 
     unless the amount described in paragraph (1) is appropriated 
     to carry out this section.
                                  ____

  SA 2899. Mr. TORRICELLI submitted an amendment intended to be 
proposed by him to the bill S. 565, to establish the Commission on 
Voting Rights and Procedures to study and make recommendations 
regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements to the 2004 Federal elections, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. ____. TELEVISION MEDIA RATES.

       (a) Lowest Unit Charge.--Subsection (b) of section 315 of 
     the Communications Act of 1934 (47 U.S.C. 315) is amended--
       (1) by striking ``(b) The charges'' and inserting the 
     following:
       ``(b) Charges.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     charges'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively; and
       (3) by adding at the end the following:
       ``(2) Television.--The charges made for the use of any 
     television broadcast station, or by a provider of cable or 
     satellite television service, to any person who is a legally 
     qualified candidate for any public office in connection with 
     the campaign of such candidate for nomination for election, 
     or election, to such office shall not exceed, during the 
     periods referred to in paragraph (1)(A), the lowest charge of 
     the station (at any time during the 365-day period preceding 
     the date of the use) for the same amount of time for the same 
     period.''.
       (b) Rate Available for National Parties.--Section 315(b)(2) 
     of such Act (47 U.S.C. 315(b)(2), as added by subsection 
     (a)(3), is amended by inserting ``, or to a national 
     committee of a political party making expenditures under 
     section 315(d) of the Federal Election Campaign Act of 1971 
     on behalf of such candidate in connection with such 
     campaign,'' after ``such office''.
       (c) Preemption.--Section 315 of such Act (47 U.S.C. 315) is 
     amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Preemption.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     licensee shall not preempt the use of a television broadcast 
     station, or a provider of cable or satellite television 
     service, by an eligible candidate or political committee of a 
     political party who has purchased and paid for such use 
     pursuant to subsection (b)(2).
       ``(2) Circumstances beyond control of licensee.--If a 
     program to be broadcast by a television broadcast station, or 
     a provider of cable or satellite television service, is 
     preempted because of circumstances beyond the control of the 
     station, any candidate or party advertising spot scheduled to 
     be broadcast during that program may also be preempted.''.
       (d) Random Audits.--Section 315 of such Act (47 U.S.C. 
     315), as amended by subsection (c), is amended by inserting 
     after subsection (c) the following new subsection:
       ``(d) Random Audits.--
       ``(1) In general.--During the 45-day period preceding a 
     primary election and the 60-day period preceding a general 
     election, the Commission shall conduct random audits of 
     designated market areas to ensure that each television 
     broadcast station, and provider of cable or satellite 
     television service, in those markets is allocating television 
     broadcast advertising time in accordance with this section 
     and section 312.
       ``(2) Markets.--The random audits conducted under paragraph 
     (1) shall cover the following markets:
       ``(A) At least 6 of the top 50 largest designated market 
     areas (as defined in section 122(j)(2)(C) of title 17, United 
     States Code).
       ``(B) At least 3 of the 51-100 largest designated market 
     areas (as so defined).
       ``(C) At least 3 of the 101-150 largest designated market 
     areas (as so defined).
       ``(D) At least 3 of the 151-210 largest designated market 
     areas (as so defined).
       ``(3) Broadcast stations.--Each random audit shall include 
     each of the 3 largest television broadcast networks, 1 
     independent network, and 1 cable network.''.
       (e) Definition of Broadcasting Station.--Subsection (e) of 
     section 315 of such Act (47 U.S.C. 315(e)), as redesignated 
     by subsection (c)(1) of this section, is amended by inserting 
     ``, a television broadcast station, and a provider of cable 
     or satellite television service'' before the semicolon.
       (f) Stylistic Amendments.--Section 315 of such Act (47 
     U.S.C. 315) is amended--
       (1) in subsection (a), by inserting ``In General.--'' 
     before ``If any'';
       (2) in subsection (e), as redesignated by subsection (c)(1) 
     of this section, by inserting ``Definitions.--'' before ``For 
     purposes''; and
       (3) in subsection (f), as so redesignated, by inserting 
     ``Regulations.--'' before ``The Commission''.
                                  ____

  SA 2900. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements to the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 5, strike lines 19 through 21, and insert the 
     following:
       (2) Manual audit capacity.--
       (A) Permanent and unalterable paper record.--The voting 
     system shall produce a permanent and unalterable paper record 
     with a manual audit capacity for such system.
       (B) Correction of errors.--The voting system shall provide 
     the voter with an opportunity to change the ballot or correct 
     any error before the permanent and unalterable paper record 
     is produced.
       (C) Official record for recounts.--The printed record 
     produced under subparagraph (A) shall be available as an 
     official record for any recount conducted with respect to any 
     election for Federal office in which the system is used.
                                  ____

  SA 2901. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of Section 205, subsection (3), insert: (4) To 
     construct paved, asphalted, or similar surfaced parking lots, 
     driveways, approaches, roads, roadways, streets, easements, 
     sidewalks or similar access ways, and disabled access ramps 
     or other access mechanisms or features necessary for 
     accessibility for individuals with disabilities to reach or 
     enter a voting system, if the locality providing the 
     ``polling place'' described in subsection (a)(3)(B) is in a 
     ``rural'' area. For the purposes of this subsection ``rural'' 
     or ``rural area'' means a city, town, or unincorporated area 
     that has a population of 50,000 inhabitants or less (other 
     than an urbanized area immediately adjacent to a city, town 
     or unincorporated area that has a population in excess of 
     50,000 inhabitants), as based on the most recent Decennial 
     Census (including any supplemental surveys thereto).
                                  ____

  SA 2902. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of

[[Page S873]]

the Department of Justice shall provide assistance to States and 
localities in improving election technology and the administration of 
Federal elections, to require States to meet uniform and 
nondiscriminatory election technology and administration requirements 
for the 2004 Federal elections, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 39, strike lines 3 through 13, and insert the 
     following:
       (b) Federal Share.--The Federal share of the costs shall 
     be--
       (1) in the case of a State or locality that is in the 
     highest \1/3\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 90 percent;
       (2) in the case of a State or locality that is in the 
     middle \1/3\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 80 percent; and
       (3) in the case of a State or locality that is in the 
     lowest \1/3\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 70 percent.

       On page 45, strike lines 8 through 18, and insert the 
     following:
       (b) Federal Share.--The Federal share of the costs shall 
     be--
       (1) in the case of a State or locality that is in the 
     highest \1/3\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 90 percent;
       (2) in the case of a State or locality that is in the 
     middle \1/3\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 80 percent; and
       (3) in the case of a State or locality that is in the 
     lowest \1/3\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 70 percent.
                                  ____

  SA 2903. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 39, strike lines 3 through 13, and insert the 
     following:
       (b) Federal Share.--The Federal share of the costs shall 
     be--
       (1) in the case of a State or locality that is in the 
     highest \1/5\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 100 percent;
       (2) in the case of a State or locality that is in the 
     second highest \1/5\ of all States or localities with respect 
     to the number of individuals residing in such State or 
     locality whose income does not exceed the poverty line, as 
     determined based on the 2000 Decennial Census and any 
     supplemental survey thereto, 90 percent;
       (3) in the case of a State or locality that is in the 
     middle \1/5\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 80 percent;
       (4) in the case of a State or locality that is in the 
     second lowest \1/5\ of all States or localities with respect 
     to the number of individuals residing in such State or 
     locality whose income does not exceed the poverty line, as 
     determined based on the 2000 Decennial Census and any 
     supplemental survey thereto, 70 percent; and
       (5) in the case of a State or locality that is in the 
     lowest \1/5\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 60 percent.

       On page 45, strike lines 8 through 18, and insert the 
     following:
       (b) Federal Share.--The Federal share of the costs shall 
     be--
       (1) in the case of a State or locality that is in the 
     highest \1/5\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 100 percent;
       (2) in the case of a State or locality that is in the 
     second highest \1/5\ of all States or localities with respect 
     to the number of individuals whose income does not exceed the 
     poverty line, as determined based on the 2000 Decennial 
     Census and any supplemental survey thereto, 90 percent;
       (3) in the case of a State or locality that is in the 
     middle \1/5\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 80 percent;
       (4) in the case of a State or locality that is in the 
     second lowest \1/5\ of all States or localities with respect 
     to the number of individuals residing in such State or 
     locality whose income does not exceed the poverty line, as 
     determined based on the 2000 Decennial Census and any 
     supplemental survey thereto, 70 percent; and
       (5) in the case of a State or locality that is in the 
     lowest \1/5\ of all States or localities with respect to the 
     number of individuals residing in such State or locality 
     whose income does not exceed the poverty line, as determined 
     based on the 2000 Decennial Census and any supplemental 
     survey thereto, 60 percent.
                                  ____

  SA 2904. Mr. NELSON of Florida (for himself and Mr. Graham) proposed 
an amendment to the bill S. 565, to establish the Commission on Voting 
Rights and Procedures to study and make recommendations regarding 
election technology, voting, and election administration, to establish 
a grant program under which the Office of Justice Programs and the 
Civil Rights Division of the Department of Justice shall provide 
assistance to States and localities in improving election technology 
and the administration of Federal elections, to require States to meet 
uniform and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; as 
follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. ____. DEPARTMENT OF JUSTICE REPORTS ON VOTING RIGHTS 
                   VIOLATIONS IN THE 2000 ELECTIONS.

       (a) Status Reports.--
       (1) In general.--Not later than the date that is 60 days 
     after the date of enactment of this Act, and each 60 days 
     thereafter until the investigation of the Attorney General 
     regarding violations of voting rights that occurred during 
     the elections for Federal office conducted in November 2000 
     (in this section referred to as the ``investigation'') has 
     concluded, the Attorney General shall submit to Congress a 
     report on the status of the investigation.
       (2) Contents.--The report submitted under subsection (a) 
     shall contain the following:
       (A) An accounting of the resources that the Attorney 
     General has committed to the investigation prior to the date 
     of enactment of this Act and an estimate of the resources 
     that the Attorney General intends to commit to the 
     investigation after such date.
       (B) The date on which the Attorney General intends to 
     conclude the investigation.
       (C) A description of the measures that the Attorney General 
     has taken to ensure that the voting rights violations that 
     are the subject of the investigation do not occur during 
     subsequent elections for Federal office.
       (D) A description of any potential prosecutions for voting 
     rights violations resulting from the investigation and the 
     range of potential punishments for such violations.
       (b) Final Report.--Not later than the date that is 60 days 
     after the date of the conclusion of the investigation, the 
     Attorney General shall submit to Congress a final report on 
     the investigation that contains a summary of each preventive 
     action and each punitive action taken by the Attorney General 
     as part of the investigation and a justification for each 
     action taken.
                                  ____

  SA 2905. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election

[[Page S874]]

technology and administration requirements for the 2004 Federal 
elections, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 5, strike lines 19 through 21, and insert the 
     following:

     Audit Capacity.--
       The voting system shall produce a record with an audit 
     capacity for such system;
       (2) Manual audit capacity.--
       (A) Permanent and unalterable paper record.--The voting 
     system shall produce a permanent and unalterable paper record 
     with a manual audit capacity for such system.
       (B) Correction of errors.--The voting system shall provide 
     the voter with an opportunity to change the ballot or correct 
     any error before the permanent and unalterable paper record 
     is produced.
       (C) Official record for recounts.--The printed record 
     produced under subparagraph (A) shall be available as an 
     official record for any recount conducted with respect to any 
     election for Federal office in which the system is used.
                                  ____

  SA 2906. Mrs. CLINTON proposed an amendment to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; as follows:

       Beginning on page 8, line 19, strike through page 9, line 
     3, and insert the following:
       (5) Error rates.--
       (A) In general.--The error rate of the voting system in 
     counting ballots (determined by taking into account only 
     those errors which are attributable to the voting system and 
     not attributable to an act of the voter) shall not exceed the 
     error rate standards established under the voting systems 
     standards issued and maintained by the Director of the Office 
     of Election Administration of the Federal Election Commission 
     (as revised by the Director of such Office under subsection 
     (c)).
       (B) Residual ballot performance benchmark.--In addition to 
     the error rate standards described in subparagraph (A), the 
     Director of the Office of Election Administration of the 
     Federal Election Commission shall issue and maintain a 
     uniform benchmark for the residual ballot error rate that 
     jurisdictions may not exceed. For purposes of the preceding 
     sentence, the residual vote error rate shall be equal to the 
     combination of overvotes, spoiled or uncountable votes, and 
     undervotes cast in the contest at the top of the ballot, but 
     excluding an estimate, based upon the best available 
     research, of intentional undervotes. The Director shall base 
     the benchmark issued and maintained under this subparagraph 
     on evidence of good practice in representative jurisdictions.
                                  ____

  SA 2907. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 12, beginning with line 20, strike through page 14, 
     line 2, and insert the following:
       (5) At the time that an individual casts a provisional 
     ballot, the appropriate State or local election official 
     shall give the individual written information that states 
     that any individual who casts a provisional ballot will be 
     able to ascertain through a free access system (such as a 
     toll-free telephone number or an Internet website) whether 
     the vote was counted, and, if the vote was not counted, the 
     reason that the vote was not counted.
       (6) The appropriate State or local election official shall 
     establish a free access system (such as a toll-free telephone 
     number or an Internet website) that any individual who casts 
     a provisional ballot may access to discover whether the vote 
     of that individual was counted, and, if the vote was not 
     counted, the reason that the vote was not counted.
                                  ____

  SA 2908. Mr. McCONNELL (for Mr. Chafee (for himself and Mr. Reed)) 
proposed an amendment to the bill S. 565, to establish the Commission 
on Voting Rights and Procedures to study and make recommendations 
regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; as follows:

       At the end of section 206(b), add the following: ``A State 
     or locality that is engaged in a multi-year contract entered 
     into prior to January 1, 2001, is eligible to apply for a 
     grant under section 203 for payments made on or after January 
     1, 2001, pursuant to that contract.''.
                                  ____

  SA 2909. Mr. McCONNELL (for Mr. Gregg) proposed an amendment to the 
bill S. 565, to establish the Commission on Voting Rights and 
Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; as 
follows:

       On page 17, between lines 22 and 23, insert the following:
       (iii) Notwithstanding the preceding provisions of this 
     subparagraph, if a State is described in section 4(b) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     2(b)), that State shall remove the names of ineligible voters 
     from the computerized list in accordance with State law.
       On page 20, strike lines 13 through 15, and insert the 
     following:
       (B) who is--
       (i) entitled to vote by absentee ballot under the Uniformed 
     and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 
     et seq.);
       (ii) provided the right to vote otherwise than in person 
     under section 3(b)(2)(B)(ii) of the Voting Accessibility for 
     the Elderly and Handicapped Act (42 U.S.C. 1973ee-
     1(b)(2)(B)(ii)); or
       (iii) entitled to vote otherwise than in person under any 
     other Federal law.
       On page 21, between lines 6 and 7, insert the following:
       (5) Construction.--Nothing in this subsection shall be 
     construed to require a State that was not required to comply 
     with a provision of the National Voter Registration Act of 
     1993 (42 U.S.C. 1973gg et seq.) before the date of enactment 
     of this Act to comply with such a provision after such date.
       On page 14, between lines 2 and 3, insert the following:
     States described in section 4(b) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg-2(b)) may meet the 
     requirements of this subsection using voter registration 
     procedures established under applicable State law.
                                  ____

  SA 2910. Mr. McCONNELL (for Mr. McCain (for himself and Mr. Harkin)) 
proposed an amendment to the bill S. 565, to establish the Commission 
on Voting Rights and Procedures to study and make recommendations 
regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; as follows:

       On page 10, line 22, strike ``Commission'' and insert 
     ``Commission, in consultation with the Architectural and 
     Transportation Barriers Compliance Board,''.
       On page 64, line 19, strike ``316(a)(2)).'' and insert 
     ``316(a)(2)), except that--
       ``(1) the Architectural and Transportation Barriers 
     Compliance Board shall remain responsible under section 223 
     for the general policies and criteria for the approval of 
     applications submitted under section 222(a); and
       ``(2) in revising the voting systems standards under 
     section 101(c)(2) the Commission shall consult with the 
     Architectural and Transportation Barriers Compliance 
     Board.''.
                                  ____

  SA 2911. Mr. STEVENS (for himself and Mr. Inouye) submitted an 
amendment intended to be proposed by him

[[Page S875]]

to the bill S. 565, to establish the Commission on Voting Rights and 
Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. ____. FULL EQUALITY FOR AMERICANS ABROAD.

       (a) Inclusion of American Citizens Living Abroad in Future 
     Decennial Censuses.--The Secretary of Commerce shall ensure 
     that, in each decennial census of population taken after the 
     date of the enactment of this Act under title 13, United 
     States Code, all American citizens living abroad shall be 
     included for purposes of the tabulations required for the 
     apportionment of Representatives in Congress among the 
     several States, and for other purposes.
       (b) Report on Related Issues.--The Secretary of Commerce 
     shall submit to Congress by not later than September 30, 
     2002, a report on any methodological, logistical, and other 
     issues associated with the inclusion in future decennial 
     censuses of American citizens living abroad, for 
     apportionment, redistricting, and other purposes for which 
     decennial census results are used. Such report shall include 
     estimates of the number of Americans living abroad in the 
     following categories: Federal civilian employees, military 
     personnel, employees of business enterprises, employees of 
     non-profit entities, and individuals not otherwise described.
                                  ____

  SA 2912. Mr. DODD (for Mr. Harkin) proposed an amendment to the bill 
S. 565, to establish the Commission on Voting Rights and Procedures to 
study and make recommendations regarding election technology, voting, 
and election administration, to establish a grant program under which 
the Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; as follows:

       On page 28 of the amendment, after line 23, add the 
     following:
       (c) Protection and Advocacy Systems.--
       (1) In general.--In addition to any other payments made 
     under this section, the Attorney General shall pay the 
     protection and advocacy system (as defined in section 102 of 
     the Developmental Disabilities Assistance and Bill of Rights 
     Act of 2000 (42 U.S.C. 15002)) of each State to ensure full 
     participation in the electoral process for individuals with 
     disabilities, including registering to vote, casting a vote 
     and accessing polling places. In providing such services, 
     protection and advocacy systems shall have the same general 
     authorities as they are afforded under part C of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15041 et seq.).
       (2) Minimum grant amount.--The minimum amount of each grant 
     to a protection and advocacy system shall be determined and 
     allocated as set forth in subsections (c)(3), (c)(4), (c)(5), 
     (e), and (g) of section 509 of the Rehabilitation Act of 1973 
     (29 U.S.C. 794e), except that the amount of the grants to 
     systems referred to in subsections (c)(3)(B) and (c)(4)(B) of 
     that section shall be not less than $70,000 and $35,000, 
     respectively.
       On page 30, strike lines 23 through 25, and insert the 
     following:
       (b) Protection and Advocacy Systems.--In addition to any 
     other amounts authorized to be appropriated under this 
     section, there are authorized to be appropriated $10,000,000 
     for each of the fiscal years 2003, 2004, 2005, and 2006, and 
     for each subsequent fiscal year such sums as may be 
     necessary, for the purpose of making payments under section 
     206(c).
       (c) Availability.--Any amounts appropriated pursuant to the 
     authority of this section shall remain available until 
     expended.
                                  ____

  SA 2913. Mr. DODD (for Mr. Harkin (for himself and Mr. McCain)) 
proposed an amendment to the bill S. 565, to establish the Commission 
on Voting Rights and Procedures to study and make recommendations 
regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; as follows:

       At the end add the following:

     SEC. ____. VOTERS WITH DISABILITIES.

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

  SA 2914. Mr. DODD (for Mr. Schumer) proposed an amendment to the bill 
S. 565, to establish the Commission on Voting Rights and Procedures to 
study and make recommendations regarding election technology, voting, 
and election administration, to establish a grant program under which 
the Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; as follows:

       Beginning on page 18, line 20, strike through page 19, line 
     24, and insert the following:
       (2) Requirements.--
       (A) In general.--An individual meets the requirements of 
     this paragraph if the individual--
       (i) in the case of an individual who votes in person--

       (I) presents to the appropriate State or local election 
     official a current and valid photo identification;
       (II) presents to the appropriate State or local election 
     official a copy of a current utility bill, bank statement, 
     Government check, paycheck, or other Government document that 
     shows the name and address of the voter;
       (III) provides written affirmation on a form provided by 
     the appropriate State or local election official of the 
     individual's identity; or
       (IV) provides a signature or personal mark that matches the 
     signature or personal mark of the individual on record with a 
     State or local election official; or

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

       (I) a copy of a current and valid photo identification;
       (II) a copy of a current utility bill, bank statement, 
     Government check, paycheck, or other Government document that 
     shows the name and address of the voter; or
       (III) provides a signature or personal mark that matches 
     the signature or personal mark of the individual on record 
     with a State or local election official.

       (B) Provisional voting.--An individual who desires to vote 
     in person, but who does not meet the requirements of 
     subparagraph (A)(i), may cast a provisional ballot under 
     section 102(a).
       (3) Identity verification by signature or personal mark.--
       (A) In general.--In lieu of the requirements of paragraph 
     (1), a State may require each individual described in such 
     paragraph to provide a signature or personal mark for the 
     purpose of matching such signature or mark with the signature 
     or personal mark of that individual on record with a State or 
     local election official.
       On page 68, strike lines 19 and 20, and insert the 
     following:
       (a) In General.--Nothing in this Act may be construed to 
     authorize
                                  ____

  SA 2915. Ms. COLLINS (for herself Mr. Jeffords, Mr. Burns, Mr. Leahy, 
Mr. Roberts, Mr. Brownback, Mrs. Lincoln, Mr. Nelson of Nebraska, and 
Mr. Nickles) submitted an amendment

[[Page S876]]

intended to be proposed by her to the bill S. 565, to establish the 
Commission on Voting Rights and Procedures to study and make 
recommendations regarding election technology, voting, and election 
administration, to establish a grant program under which the Office of 
Justice Programs and the Civil Rights Division of the Department of 
Justice shall provide assistance to States and localities in improving 
election technology and the administration of Federal elections, to 
require States to meet uniform and nondiscriminatory election 
technology and administration requirements for the 2004 Federal 
elections, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 28, strike lines 12 through 16, and insert the 
     following:
       (a) Payments .--
       (1) In general.--Subject to paragraph (2), the Attorney 
     General shall pay to each State having an application 
     approved under section 203 the cost of the activities 
     described in that application.
       (2) Initial payment amount.--The Attorney General shall pay 
     to each State that submits an application under section 203 
     an amount equal to 0.5 percent of the amount appropriated 
     under section 209 for the fiscal year during which such 
     application is submitted to be used by such State for the 
     activities authorized under section 205.
       (b) Retroactive Payments.--
       On page 38, strike lines 15 through 19, and insert the 
     following:
       (1) In general.--Subject to paragraph (2), the Attorney 
     General shall pay to each State or locality having an 
     application approved under section 213 the Federal share of 
     the costs of the activities described in that application.
       (2) Initial payment amount.--The Attorney General shall pay 
     to each State that submits an application under section 212 
     an amount equal to 0.5 percent of the amount appropriated 
     under section 218 for the fiscal year in which such 
     application is submitted to be used by such State for the 
     activities authorized under section 214.
       (3) Retroactive payments.--The Attorney
       On page 45, strike lines 4 through 7, and insert the 
     following:
       (a) Payments.--
       (1) In general.--Subject to paragraph (2), the Attorney 
     General shall pay to each State or locality having an 
     application approved under section 223 the Federal share of 
     the costs of the activities described in that application.
       (2) Initial payment amount.--The Attorney General shall pay 
     to each State that submits an application under section 222 
     an amount equal to 0.5 percent of the amount appropriated 
     under section 228 for the fiscal year in which such 
     application is submitted to be used by such State for the 
     activities authorized under section 224.

                          ____________________