[Congressional Record Volume 148, Number 19 (Thursday, February 28, 2002)]
[Senate]
[Pages S1370-S1375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2943. Mr. LEVIN (for himself and Mrs. Hutchison) 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 purpose; which was ordered to lie on 
the table; as follows:

       On page 14, between lines 2 and 3, insert the following:

     Notwithstanding the preceding provisions of this subsection, 
     a State that had a State law in effect before the date of 
     enactment of this Act that provides for a provisional 
     balloting process shall be deemed to meet the requirements of 
     this subsection as long as such State law is in effect so 
     long as such process includes the following components:
       (1) Verification of the registration, identity, and 
     residence of the individual seeking to cast a provisional 
     ballot.
       (2) An affidavit executed by the individual seeking to cast 
     a provisional ballot in the precinct asserting that he or she 
     is a registered voter of the jurisdiction and eligible to 
     vote in the election.
       (3) Procedures by which the ballot that is tabulated on 
     election day may be retrievable after the election should 
     there be an issue over the individual's eligibility to have 
     voted in the election.
                                  ____

  SA 2944. Mr. ROCKEFELLER 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 purpose; which was ordered to lie on the table; as follows:

       On page 68, between lines 2 and 3, insert the following:

     SEC. __. STUDY AND REPORT ON PERMANENT REGISTRATION OF 
                   OVERSEAS VOTERS; ADMINISTRATION OF OVERSEAS 
                   VOTING BY A SINGLE STATE OFFICE.

       (a) Study and Report on Permanent Registration of Overseas 
     Voters.--
       (1) Study.--The Election Administration Commission 
     established under section 301 (in this subsection referred to 
     as the ``Commission''), shall conduct a study on the 
     feasibility and advisability of providing for permanent 
     registration of overseas voters under section 104 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-3), as amended by section 1606(b) of the 
     National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107; 115 Stat. 1279).
       (2) Report.--The Commission shall submit a report to 
     Congress on the study conducted under paragraph (1) together 
     with such recommendations for legislative and administrative 
     action as the Commission determines appropriate.
       (b) Administration of Overseas Voting by a Single State 
     Office.--Section 102 of the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by 
     section 1606(a)(1) of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1278), is 
     amended--
       (1) by inserting ``(a) In General.--'' before ``Each 
     State''; and
       (2) by adding at the end the following new subsection:
       ``(b) Designation of Single State Office To Provide 
     Information on Registration and Absentee Ballot Procedures 
     for All Voters in the State.--
       ``(1) In general.--Each State shall designate a single 
     office which shall be responsible for providing information 
     regarding voter registration procedures and absentee ballot 
     procedures to be used with respect to elections for Federal 
     office (including procedures relating to the use of the 
     Federal write-in absentee ballot) to all absent uniformed 
     services voters and overseas voters who wish to register to 
     vote or vote in any jurisdiction in the State.
       ``(2) Use of office to accept and process materials.--The 
     State office designated under paragraph (1) shall be 
     responsible for carrying out the State's duties under this 
     Act that relate to the distribution of information and 
     ballots (but not for carrying out any duties relating to the 
     receipt or counting of ballots), including accepting valid 
     voter registration applications, absentee ballot 
     applications, and absentee ballots (including Federal write-
     in absentee ballots) from all absent uniformed services 
     voters and overseas voters who wish to register to vote or 
     vote in any jurisdiction in the State.''.
       (c) Study and Report on Expansion of Single State Office 
     Duties.--
       (1) Study.--The Election Administration Commission 
     established under section 301 (in this subsection referred to 
     as the ``Commission''), shall conduct a study on the 
     feasibility and advisability of including the duties relating 
     to the receipt and counting of ballots described in section 
     102(b) of such Act (as added by subsection (b)) in the duties 
     of the State office designated under paragraph (1) of such 
     section (as so added).
       (2) Report.--The Commission shall submit a report to 
     Congress on the study conducted

[[Page S1371]]

     under paragraph (1) together with such recommendations for 
     legislative and administrative action as the Commission 
     determines appropriate.

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

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

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

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1), as amended by section 402, 
     is amended by adding at the end the following new subsection:
       ``(d) Registration Notification.--With respect to each 
     absent uniformed services voter and each overseas voter who 
     submits a voter registration application or an absentee 
     ballot request, if the State rejects the application or 
     request, the State shall provide the voter with the reasons 
     for the rejection.''.

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

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

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

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

  SA 2945. 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 62, between lines 16 and 17, insert the following:

           Subtitle B--Election Administration Advisory Board

     SEC. 311. ESTABLISHMENT OF THE ELECTION ADMINISTRATION 
                   ADVISORY BOARD.

       There is established the Election Administration Advisory 
     Board (in this title referred to as the ``Board'').

     SEC. 312. MEMBERSHIP OF THE BOARD.

       (a) Number and Appointment.--The Board shall be composed of 
     24 members appointed by the Election Administration 
     Commission established under section 201 (in this title 
     referred to as the ``Commission'') as follows:
       (1) 12 members appointed by the chairperson of the 
     Commission.
       (2) 12 members appointed by the vice chairperson of the 
     Commission.
       (b) Qualifications.--
       (1) In general.--Members appointed under subsection (a) 
     shall have experience administering State and local 
     elections.
       (2) Prohibition.--A member of the Board appointed under 
     paragraph (1) may not be a candidate (as defined in section 
     301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     431)), or hold a Federal office  (as defined in such section) 
     while serving as a member of the Board.
       (3) Federal officers and employees.--No member of the Board 
     may be an officer or employee of the Federal Government.
       (c) Date of Appointment.--The appointments of the members 
     of the Board under subsection (a) shall be made not later 
     than 90 days after the date on which all the members of the 
     Commission have been appointed under section 202.
       (d) Period of Appointment; Vacancies.--
       (1) Period of appointment.--Members shall be appointed for 
     a period of 2 years, except that of the members first 
     appointed, 6 members appointed by the chairperson of the 
     Commission shall be appointed for a term of 3 years and 6 
     members appointed by the vice chairperson of the Commission 
     shall be appointed for a term of 3 years.
       (2) Vacancies.--
       (A) In general.--A vacancy on the Board shall not affect 
     its powers, but shall be filled in the manner in which the 
     original appointment was made. The appointment made to fill 
     the vacancy shall be subject to any conditions that applied 
     with respect to the original appointment.
       (B) Filling unexpired term.--An individual chosen to fill a 
     vacancy on the Board occurring prior to the expiration of the 
     term for which the individual's predecessor was appointed 
     shall be appointed for the unexpired term of the member 
     replaced.
       (3) Expiration of terms.--A member of the Board may serve 
     on the Board after the expiration of the member's term until 
     the successor of such member has taken office as a member of 
     the Board.
       (e) Chairperson; Vice Chairperson.--
       (1) In general.--The Board shall elect a chairperson and 
     vice chairperson from among its members to serve a term of 1 
     year.
       (2) Political affiliation.--The chairperson and vice 
     chairperson may not be affiliated with the same political 
     party.

     SEC. 313. DUTY OF THE BOARD.

       It shall be the duty of the Board to advise the Commission 
     on the following matters:
       (1) The revision and adoption of general policies and 
     procedures under subparagraph (A) and clauses (ii) and (iii) 
     of subparagraph (B) of section 305(b)(2).
       (2) The revision of voting system standards under section 
     101(c)(2).
       (3) Upon the request of the Commission, other matters 
     relating to the administration of elections.

     SEC. 314. MEETINGS OF THE BOARD.

       (a) In General.--The Board shall meet at the call of the 
     chairperson.
       (b) Annual Meeting Required.--The Board shall meet not less 
     often than annually.
       (c) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Board have been appointed, the 
     Board shall hold its first meeting.
       (d) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 315. VOTING.

       Each action of the Board shall be approved by a majority 
     vote of the members of the Board. Each member of the Board 
     shall have 1 vote.

     SEC. 316. BOARD PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Board 
     shall serve without compensation, notwithstanding section 
     1342 of title 31, United States Code.
       (b) Travel Expenses.--Each member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Board.

     SEC. 317. TERMINATION OF THE BOARD.

       Section 14 of the Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Board.

     SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Board such sums as may be necessary to carry out this 
     title.
       (b) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.
                                  ____

  SA 2946. Mrs. FEINSTEIN 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

[[Page S1372]]

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, add the following:

     SEC.   . RETROACTIVE PAYMENTS FOR CERTAIN DRE VOTING SYSTEMS.

       In addition to any other payment made under section 206 or 
     215, the Attorney General may make retroactive payments under 
     such section (as appropriate) to any State or locality having 
     an application approved under section 203 or 213 (as 
     appropriate) for any costs incurred by such State or locality 
     for the purpose of acquiring a direct recording electronic 
     voting system during calendar year 2000 if that State or 
     locality is continuing to make payments for such system as of 
     the date of enactment of this Act.
                                  ____

  SA 2947. Mr. DODD 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 69, after line 19, add the following:

     SEC. 403. SEVERABILITY OF PROVISIONS.

       If any provision of this Act or the application thereof to 
     any person or circumstances is held invalid, the remainder of 
     this Act and the application of the provision to other 
     persons not similarly situated or to other circumstances 
     shall not be affected thereby.
                                  ____

  SA 2948. 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 the entire period in 
     which absentee ballots for the election involved are 
     permitted to be submitted, at least 30 days in advance of the 
     election and up through the day of the election; or
       (II) other voting systems determined to be appropriate to 
     provide voting accessibility to individuals with 
     disabilities.
                                  ____


  SA 2949. Mr. SESSIONS 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 purpose; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. NATIONAL DEMONSTRATION PROGRAM IN EXPERIENCE-BASED 
                   CIVIC EDUCATION.

       (a) General Authority.--The Attorney General is authorized 
     to award a grant or contract to The Citizenship Trust and its 
     American Village for the operation of a national educational 
     demonstration and resource program in experience-based civic 
     education that works to promote citizenship and voter 
     participation.
       (b) Educational Activities and Program Content.--The grant 
     or contract awarded under subsection (a) shall include 
     provisions to--
       (1) support, enhance, and expand the `Securing the 
     Blessings of Liberty' experienced-based civic education 
     program administered by The Citizenship Trust and its 
     American Village national civic education center;
       (2) foster increased student learning of challenging and 
     critical content in civics, government, and American history 
     through comprehensive programs, projects, and activities 
     which directly involve students as active participants in 
     simulations, reenactments of historical and contemporary 
     civic events, dramatizations, debates, proceedings, and other 
     programs which illustrate and model important 
     responsibilities of citizens; and
       (3) demonstrate ways in which comprehensive experienced-
     based civic education programs can be implemented by States, 
     school districts, public and private schools, classrooms, and 
     other non-profit entities by developing and making available 
     programs, training, seminars, projects, materials, media, 
     resources and other services.

     The content focus of activities under paragraph (2) shall be 
     on the basic principles of the Constitution, the Bill of 
     Rights, key founding documents and events in the history of 
     the United States, and the important role of individual 
     citizens in the founding and sustaining of the American 
     system of liberty and self-government.
       (c) Availability and Emphasis.--The program and activities 
     carried out under this section shall be available as a 
     national demonstration and resource project to serve public 
     and private elementary and secondary schools throughout the 
     United States. The emphasis of such activities shall be on 
     the experiential component of civic education through a 
     cooperative effort with other civic education programs. Such 
     activities shall model and demonstrate ways in which 
     experience-based civic education can enhance student 
     knowledge and skills in critical areas of civics and 
     government.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, $650,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     of the succeeding 6 fiscal years.
                                  ____

  SA 2950. Mr. McCONNEL 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 
                   RECEIPT OF FUNDS.

       Notwithstanding any other provision of this title, no State 
     or locality shall be required to meet a requirement of this 
     title

[[Page S1373]]

     unless that State or locality elects to apply for a grant 
     under title II and has received funding under that title for 
     the purpose of meeting such requirement.
                                  ____

  SA 2951. Mr. DASCHLE (for himself and Mr. Wyden) 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, strike lines 19 and 20, and insert the 
     following:
       ``(a) In General.--Nothing in this Act may be construed to 
     authorize''.
                                  ____

  SA 2952. Mr. DASCHLE (for himself and Mr. Wyden) 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 18, line 8, strike through page 19, line 
     24, and insert the following:
       (b) Requirements for Voters Who Register by Mail.--
       (1) In general.--Notwithstanding section 6(c) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     4(c)) and subject to paragraphs (3) and (4), a State shall, 
     in a uniform and nondiscriminatory manner, require an 
     individual to meet the requirements of paragraph (2) if--
       (A) the individual has registered to vote in a jurisdiction 
     by mail; and
       (B) the individual has not previously voted in an election 
     for Federal office in that State.
       (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 for matching 
     with 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 for matching 
     with 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.--
     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.
                                  ____

  SA 2953. Mr. REID (for himself, Mr. Schumer, and Mr. Wyden) 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 purpose; which was ordered to lie on 
the table; as follows:

       Beginning on page 18, line 8, strike through page 19, line 
     24, and insert the following:
       (b) Requirements for Voters Who Register by Mail.--
       (1) In general.--Notwithstanding section 6(c) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     4(c)) and subject to paragraphs (3) and (4), a State shall, 
     in a uniform and nondiscriminatory manner, require an 
     individual to meet the requirements of paragraph (2) if--
       (A) the individual has registered to vote in a jurisdiction 
     by mail; and
       (B) the individual has not previously voted in an election 
     for Federal office in that State.
       (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 for matching 
     with 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 for matching 
     with 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.--
     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.
       (4) Relationship to other laws.--Notwithstanding section 
     402(a), nothing in this Act may be construed to authorize or 
     require conduct prohibited under any of the laws described in 
     such section, or supersede, restrict, or limit any of the 
     laws described in such section.
                                  ____

  SA 2954. Mr. BOND 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, add the following:

     SEC.   . PURGING OF VOTER REGISTRATION LISTS.

       Not less than once every 2 years, each jurisdiction shall 
     tally the number of registered voters in that jurisdiction 
     and compare that number with the number of citizens of voting 
     age in that jurisdiction, as determined by the U.S. Census 
     Bureau. If the number of registered voters exceeds the number 
     of citizens of voting age in that jurisdiction, the 
     jurisdiction shall provide notice as described in section 
     8(d)(2) of the National Voter Registration Act of 1993 (42 
     U.S.C. 1973gg-6(d)(2)) to each citizen of voting age in that 
     jurisdiction and shall remove the name of each citizen from 
     the official list of eligible voters if that citizen does not 
     return the card provided as part of such notice and has not 
     voted in the election for Federal office immediately 
     preceding, and

[[Page S1374]]

     the election for Federal office immediately following, the 
     date on which such notice was provided.
                                  ____

  SA 2955. Mr. BOND 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 administrative 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 21, between lines 6 and 7, insert the following:
       (6) Free voter identification cards.--A State or locality 
     shall not meet the requirements of this subsection unless the 
     State or locality issues, upon request, to any registered 
     voter who lacks appropriate documentation a voter 
     identification card that contains the name, address, and 
     photo of the voter and that is valid only for purposes of the 
     requirements of this subsection. A State or locality may not 
     charge any fee for the issuance of the voter identification 
     card.
                                  ____

  SA 2956. Mr. BOND 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 15, between lines 2 and 3, insert the following:
       (b) Recently Registered Voters.--Any individual who 
     registers to vote in an election for Federal office on or 
     after the date that is 21 days before the date of the 
     election may only vote in that election by casting a 
     provisional ballot under subsection (a).
       (c) Voters Who Vote After the Polls Close.--Any individual 
     who votes in an election for Federal office for any reason, 
     including a Federal or State court order, after the time set 
     for closing the polls by a State law in effect 10 days before 
     the date of that election may only vote in that election by 
     casting a provisional ballot under subsection (a).
                                  ____

  SA 2957. 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:

       At the end, add the following:

     SEC. __. CLARIFICATION OF ABILITY OF ELECTION OFFICIALS TO 
                   REMOVE REGISTRANTS FROM OFFICIAL LIST OF VOTERS 
                   ON GROUNDS OF CHANGE OF RESIDENCE.

       (a) In General.--Section 8(b)(2) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg-6(b)(2)) is 
     amended by striking the period at the end and inserting the 
     following: ``, except that nothing in this paragraph may be 
     construed to prohibit a State from using the procedures 
     described in subsections (c) and (d) to remove an individual 
     from the official list of eligible voters if the individual 
     has not voted or appeared to vote in 2 or more consecutive 
     general elections for Federal office and has not either 
     notified the applicable registrar (in person or in writing) 
     or responded to a notice sent by the applicable registrar 
     during the period in which such elections are held that the 
     individual intends to remain registered in the registrar's 
     jurisdiction.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the day after the date of enactment of 
     this Act.
                                  ____

  SA 2958. Mr. DODD 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, strike lines 17 through 19, and insert the 
     following:
       (B) The individual has not previously voted in an election 
     for Federal office in the State.
                                  ____

  SA 2959. Mr. DODD 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 21, strike lines 19 through 23, and insert the 
     following:
       (2) Requirements for voters who register by mail.--
       (A) Each State and locality shall be required to comply 
     with the requirements of subsection (b) on and after January 
     1, 2004; and
       (B) The provisions of section (b) shall apply to any 
     individual who registers to vote on or after the first day 
     after the date on which voters must be registered under the 
     law of that State in order to be eligible to vote in the 
     election for Federal office to be held in 2002.
                                  ____

  SA 2960. Mr. SESSIONS 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 47, after line 19, insert the following:

          Subtitle D--Federal Election Antifraud Pilot Program

     SEC. 231. ESTABLISHMENT OF THE FEDERAL ELECTION ANTIFRAUD 
                   PILOT PROGRAM.

       There is established a Federal Election Antifraud Pilot 
     Program under which the Attorney General is authorized to 
     make grants to States and localities to pay the costs of the 
     activities described in section 234.

     SEC. 232. APPLICATION.

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

     SEC. 233. APPROVAL OF APPLICATIONS.

       The Attorney General shall establish general policies and 
     criteria for the approval of applications submitted under 
     section 232(a).

[[Page S1375]]

     SEC. 234. AUTHORIZED ACTIVITIES.

       A State or locality may use grant payments received under 
     this subtitle--
       (1) for the purchase, lease, installation, use, and 
     operation of video cameras or other surveillance equipment at 
     registration and polling sites in order to monitor compliance 
     with the Voting Rights Act of 1965 (42 U.S.C. 1973a et seq.) 
     and other Federal and State voting rights laws;
       (2) for the costs of employing law enforcement officers at 
     registration and polling sites in order to monitor compliance 
     with the Voting Rights Act of 1965 (42 U.S.C. 1973a et seq.) 
     and other Federal and State voting rights laws. Such law 
     enforcement officers working at registration and polling 
     sites shall be readily identifiable to the public so that the 
     law enforcement officer can be easily recognized and located 
     in the event that a voter desires to complain that their 
     voting rights have been or are being violated; and
       (3) for the costs of implementing a photographic or 
     biometric identification program for all registered voters in 
     the State.

     SEC. 235. PAYMENTS.

       The Attorney General shall pay to each State or locality 
     having an application approved under section 233 the costs of 
     the activities described in that application.

     SEC. 236. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.

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

     SEC. 237. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.

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

     SEC. 238. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for fiscal year 2003 to carry out the provisions of 
     this subtitle.

     SEC. 239. EFFECTIVE DATE.

       The Access Board shall establish the general policies and 
     criteria for the approval of applications under section 233 
     in a manner that ensures that the Attorney General is able to 
     approve applications not later than October 1, 2002.
                                  ____

  SA 2961. Mr. SPECTER (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 end, add the following:

     SEC. __. STUDY AND REPORT ON SECURING THE VOTING RIGHTS OF 
                   INDIVIDUALS WHO HAVE SERVED THEIR SENTENCES.

       (a) Study.--
       (1) In general.--The Election Administration Commission 
     established under section 301 (in this section referred to as 
     the ``Commission'') shall conduct a study on the feasibility 
     and advisability of prohibiting States from restricting the 
     right of an individual who is a citizen of the United States 
     to vote in any election for Federal office because that 
     individual has been convicted of a criminal offense unless, 
     at the time of the election, such individual--
       (A) is serving a felony sentence in a correctional 
     institution or facility; or
       (B) is on parole or probation for a felony offense.
       (2) Issues studied.--In conducting the study under 
     paragraph (1) the Commission shall determine--
       (A) whether the application of State laws that determine 
     the qualifications for voting in Federal elections result in 
     unfair discrepancies regarding which citizens may vote in 
     Federal elections;
       (B) the number of individuals in the United States that 
     cannot vote in elections for Federal office as a result of a 
     felony conviction;
       (C) whether State disenfranchisement laws 
     disproportionately impact ethnic minorities;
       (D) the number of States that disenfranchise ex-offenders 
     who have fully served their sentences, regardless of the 
     nature or seriousness of the offense;
       (E) whether the nature and seriousness of the offense 
     should be considered in determining whether voting rights may 
     be restored to an ex-offender; and
       (F) the number of individuals who have regained the right 
     to vote after losing that right as the result of a felony 
     conviction and the feasibility and costs of regaining the 
     right to vote through a pardon process on the State or 
     Federal level.
       (b) Report.--Not later than the date that is 1 year after 
     the date of enactment of this Act, the Commission shall 
     submit to Congress a report on the study conducted under 
     subsection (a)(1) together with recommendations for such 
     legislative and administrative action as the Commission 
     determines appropriate.
                                  ____

  SA 2962. Mr. KYL 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, add the following:

     SEC.   . CONSTRUCTION REGARDING STATE REQUIREMENT OF PROOF OF 
                   CITIZENSHIP FOR VOTER REGISTRATION.

       Notwithstanding any other provision of law, nothing in this 
     Act shall be construed to prohibit a State from requiring an 
     individual to provide proof of the citizenship of that 
     individual before permitting that individual to register to 
     vote in an election for Federal office.
                                  ____

  SA 2963. 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.

                          ____________________