[Congressional Record Volume 148, Number 131 (Tuesday, October 8, 2002)]
[House]
[Pages H7247-H7268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONFERENCE REPORT ON H.R. 3295, HELP AMERICA VOTE ACT OF 2002

  Mr. Ney submitted the following conference report and statement on 
the bill (H.R. 3295) to establish a program to provide funds to States 
to replace punch card voting systems, to establish the Election 
Assistance Commission to assist in the administration of Federal 
elections and to otherwise provide assistance with the administration 
of certain Federal election laws and programs, to establish minimum 
election administration standards for States and units of local 
government with responsibility for the administration of Federal 
elections, and for other purposes:

                  Conference Report (H. Rept. 107-730)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the bill (H.R. 
     3295), to establish a program to provide funds to States to 
     replace punch card voting systems, to establish the Election 
     Assistance Commission to assist in the administration of 
     Federal elections and to otherwise provide assistance with 
     the administration of certain Federal election laws and 
     programs, to establish minimum election administration 
     standards for States and units of local government with 
     responsibility for the administration of Federal elections, 
     and for other purposes, having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate to the text of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

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

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

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 Part 1--Election Assistance Commission

Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Dissemination of information.

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

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

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

           Part 3--Technical Guidelines Development Committee

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

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

Sec. 231. Certification and testing of voting systems.

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

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

                    Subtitle D--Election Assistance

                     Part 1--Requirements Payments

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

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

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

     Part 3--Grants for Research on Voting Technology Improvements

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

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

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

                Part 5--Protection and Advocacy Systems

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

           Part 6--National Student and Parent Mock Election

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

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

                        Subtitle A--Requirements

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

                     Subtitle B--Voluntary Guidance

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

                         TITLE IV--ENFORCEMENT

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

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

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

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

Sec. 601. Help America Vote Foundation.

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

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

                   TITLE VIII--TRANSITION PROVISIONS

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

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

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

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

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

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

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

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

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     States Virgin Islands, \1/10\ of 1 percent of such aggregate 
     amount.
       (3) Voting age population proportion amount.--The voting 
     age population proportion amount described in this paragraph 
     is the product of--
       (A) the aggregate amount made available for payments under 
     this section minus the total of all of the minimum payment 
     amounts determined under paragraph (2); and
       (B) the voting age population proportion for the State (as 
     defined in paragraph (4)).
       (4) Voting age population proportion defined.--The term 
     ``voting age population proportion'' means, with respect to a 
     State, the amount equal to the quotient of--
       (A) the voting age population of the State (as reported in 
     the most recent decennial census); and
       (B) the total voting age population of all States (as 
     reported in the most recent decennial census).

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

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

     SEC. 103. GUARANTEED MINIMUM PAYMENT AMOUNT.

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

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 105. ADMINISTRATION OF PROGRAMS.

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

     SEC. 106. EFFECTIVE DATE.

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

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 PART 1--ELECTION ASSISTANCE COMMISSION

     SEC. 201. ESTABLISHMENT.

       There is hereby established as an independent entity the 
     Election Assistance Commission (hereafter in this title 
     referred to as the ``Commission''), consisting of the members 
     appointed under this part. Additionally, there is established 
     the Election Assistance Commission Standards Board (including 
     the Executive Board of such Board) and the Election 
     Assistance Commission Board of Advisors under part 2 
     (hereafter in this part referred to as the ``Standards 
     Board'' and the ``Board of Advisors'', respectively) and the 
     Technical Guidelines Development Committee under part 3.

     SEC. 202. DUTIES.

       The Commission shall serve as a national clearinghouse and 
     resource for the compilation of information and review of 
     procedures with respect to the administration of Federal 
     elections by--
       (1) carrying out the duties described in part 3 (relating 
     to the adoption of voluntary voting system guidelines), 
     including the maintenance of a clearinghouse of information 
     on the experiences of State and local governments in 
     implementing the guidelines and in operating voting systems 
     in general;
       (2) carrying out the duties described in subtitle B 
     (relating to the testing, certification, decertification, and 
     recertification of voting system hardware and software);

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       (3) carrying out the duties described in subtitle C 
     (relating to conducting studies and carrying out other 
     activities to promote the effective administration of Federal 
     elections);
       (4) carrying out the duties described in subtitle D 
     (relating to election assistance), and providing information 
     and training on the management of the payments and grants 
     provided under such subtitle;
       (5) carrying out the duties described in subtitle B of 
     title III (relating to the adoption of voluntary guidance); 
     and
       (6) developing and carrying out the Help America Vote 
     College Program under title V.

     SEC. 203. MEMBERSHIP AND APPOINTMENT.

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

     SEC. 204. STAFF.

       (a) Executive Director, General Counsel, and Other Staff.--
       (1) Executive director.--The Commission shall have an 
     Executive Director, who shall be paid at a rate not to exceed 
     the rate of basic pay for level V of the Executive Schedule 
     under section 5316 of title 5, United States Code.
       (2) Term of service for executive director.--The Executive 
     Director shall serve for a term of 4 years. An Executive 
     Director may serve for a longer period only if reappointed 
     for an additional term or terms by a vote of the Commission.
       (3) Procedure for appointment.--
       (A) In general.--When a vacancy exists in the position of 
     the Executive Director, the Standards Board and the Board of 
     Advisors shall each appoint a search committee to 
     recommend at least 3 nominees for the position.
       (B) Requiring consideration of nominees.--Except as 
     provided in subparagraph (C), the Commission shall consider 
     the nominees recommended by the Standards Board and the Board 
     of Advisors in appointing the Executive Director.
       (C) Interim service of general counsel.--If a vacancy 
     exists in the position of the Executive Director, the General 
     Counsel of the Commission shall serve as the acting Executive 
     Director until the Commission appoints a new Executive 
     Director in accordance with this paragraph.
       (D) Special rules for interim executive director.--
       (i) Convening of search committees.--The Standards Board 
     and the Board of Advisors shall each appoint a search 
     committee and recommend nominees for the position of 
     Executive Director in accordance with subparagraph (A) as 
     soon as practicable after the appointment of their members.
       (ii) Interim initial appointment.--Notwithstanding 
     subparagraph (B), the Commission may appoint an individual to 
     serve as an interim Executive Director prior to the 
     recommendation of nominees for the position by the Standards 
     Board or the Board of Advisors, except that such individual's 
     term of service may not exceed 6 months. Nothing in the 
     previous sentence may be construed to prohibit the individual 
     serving as the interim Executive Director from serving any 
     additional term.
       (4) General counsel.--The Commission shall have a General 
     Counsel, who shall be appointed by the Commission and who 
     shall serve under the Executive Director. The General Counsel 
     shall serve for a term of 4 years, and may serve for a longer 
     period only if reappointed for an additional term or terms by 
     a vote of the Commission.
       (5) Other staff.--Subject to rules prescribed by the 
     Commission, the Executive Director may appoint and fix the 
     pay of such additional personnel as the Executive Director 
     considers appropriate.
       (6) Applicability of certain civil service laws.--The 
     Executive Director, General Counsel, and staff of the 
     Commission may be appointed without regard to the provisions 
     of title 5, United States Code, governing appointments in the 
     competitive service, and may be paid without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     that title relating to classification and General Schedule 
     pay rates, except that an individual so appointed may not 
     receive pay in excess of the annual rate of basic pay for 
     level V of the Executive Schedule under section 5316 of that 
     title.
       (b) Experts and Consultants.--Subject to rules prescribed 
     by the Commission, the Executive Director may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5, United States Code, by a vote of the Commission.
       (c) Staff of Federal Agencies.--Upon request of the 
     Commission, the head of any Federal department or agency may 
     detail, on a reimbursable basis, any of the personnel of that 
     department or agency to the Commission to assist it in 
     carrying out its duties under this Act.
       (d) Arranging for Assistance for Board of Advisors and 
     Standards Board.--At the request of the Board of Advisors or 
     the Standards Board, the Commission may enter into such 
     arrangements as the Commission considers appropriate to make 
     personnel available to assist the Boards with carrying out 
     their duties under this title (including contracts with 
     private individuals for providing temporary personnel 
     services or the temporary detailing of personnel of the 
     Commission).
       (e) Consultation With Board of Advisors and Standards Board 
     on Certain Matters.--In preparing the program goals, long-
     term plans, mission statements, and related matters for the 
     Commission, the Executive Director and staff of the 
     Commission shall consult with the Board of Advisors and the 
     Standards Board.

     SEC. 205. POWERS.

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

     SEC. 206. DISSEMINATION OF INFORMATION.

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

     SEC. 207. ANNUAL REPORT.

       Not later than January 31 of each year (beginning with 
     2004), the Commission shall submit a report to the Committee 
     on House Administration of the House of Representatives and 
     the Committee on Rules and Administration of the Senate 
     detailing its activities during the fiscal year which ended 
     on September 30 of the previous calendar year, and shall 
     include in the report the following information:
       (1) A detailed description of activities conducted with 
     respect to each program carried out by the Commission under 
     this Act, including information on each grant or other 
     payment made under such programs.
       (2) A copy of each report submitted to the Commission by a 
     recipient of such grants or payments which is required under 
     such a program, including reports submitted by States 
     receiving requirements payments under part 1 of subtitle D, 
     and each other report submitted to the Commission under this 
     Act.

[[Page H7251]]

       (3) Information on the voluntary voting system guidelines 
     adopted or modified by the Commission under part 3 and 
     information on the voluntary guidance adopted under subtitle 
     B of title III.
       (4) All votes taken by the Commission.
       (5) Such other information and recommendations as the 
     Commission considers appropriate.

     SEC. 208. REQUIRING MAJORITY APPROVAL FOR ACTIONS.

       Any action which the Commission is authorized to carry out 
     under this Act may be carried out only with the approval of 
     at least 3 of its members.

     SEC. 209. LIMITATION ON RULEMAKING AUTHORITY.

       The Commission shall not have any authority to issue any 
     rule, promulgate any regulation, or take any other action 
     which imposes any requirement on any State or unit of local 
     government, except to the extent permitted under section 9(a) 
     of the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg-7(a)).

     SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

       In addition to the amounts authorized for payments and 
     grants under this title and the amounts authorized to be 
     appropriated for the program under section 503, there are 
     authorized to be appropriated for each of the fiscal years 
     2003 through 2005 such sums as may be necessary (but not to 
     exceed $10,000,000 for each such year) for the Commission to 
     carry out this title.

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

     SEC. 211. ESTABLISHMENT.

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

     SEC. 212. DUTIES.

       The Standards Board and the Board of Advisors shall each, 
     in accordance with the procedures described in part 3, review 
     the voluntary voting system guidelines under such part, the 
     voluntary guidance under title III, and the best practices 
     recommendations contained in the report submitted under 
     section 242(b).

     SEC. 213. MEMBERSHIP OF STANDARDS BOARD.

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

     SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.

       (a) In General.--The Board of Advisors shall be composed of 
     37 members appointed as follows:
       (1) 2 members appointed by the National Governors 
     Association.
       (2) 2 members appointed by the National Conference of State 
     Legislatures.
       (3) 2 members appointed by the National Association of 
     Secretaries of State.
       (4) 2 members appointed by the National Association of 
     State Election Directors.
       (5) 2 members appointed by the National Association of 
     Counties.
       (6) 2 members appointed by the National Association of 
     County Recorders, Election Administrators, and Clerks.
       (7) 2 members appointed by the United States Conference of 
     Mayors.
       (8) 2 members appointed by the Election Center.
       (9) 2 members appointed by the International Association of 
     County Recorders, Election Officials, and Treasurers.
       (10) 2 members appointed by the United States Commission on 
     Civil Rights.
       (11) 2 members appointed by the Architectural and 
     Transportation Barrier Compliance Board under section 502 of 
     the Rehabilitation Act of 1973 (29 U.S.C. 792).
       (12) The chief of the Office of Public Integrity of the 
     Department of Justice, or the chief's designee.
       (13) The chief of the Voting Section of the Civil Rights 
     Division of the Department of Justice or the chief's 
     designee.
       (14) The director of the Federal Voting Assistance Program 
     of the Department of Defense.
       (15) 4 members representing professionals in the field of 
     science and technology, of whom--
       (A) 1 each shall be appointed by the Speaker and the 
     Minority Leader of the House of Representatives; and
       (B) 1 each shall be appointed by the Majority Leader and 
     the Minority Leader of the Senate.
       (16) 8 members representing voter interests, of whom--
       (A) 4 members shall be appointed by the Committee on House 
     Administration of the House of Representatives, of whom 2 
     shall be appointed by the chair and 2 shall be appointed by 
     the ranking minority member; and
       (B) 4 members shall be appointed by the Committee on Rules 
     and Administration of the Senate, of whom 2 shall be 
     appointed by the chair and 2 shall be appointed by the 
     ranking minority member.
       (b) Manner of Appointments.--Appointments shall be made to 
     the Board of Advisors under subsection (a) in a manner which 
     ensures that the Board of Advisors will be bipartisan in 
     nature and will reflect the various geographic regions of the 
     United States.
       (c) Term of Service; Vacancy.--Members of the Board of 
     Advisors shall serve for a term of 2 years, and may be 
     reappointed. Any vacancy in the Board of Advisors shall be 
     filled in the manner in which the original appointment was 
     made.
       (d) Chair.--The Board of Advisors shall elect a Chair from 
     among its members.

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

       (a) Hearings and Sessions.--
       (1) In general.--To the extent that funds are made 
     available by the Commission, the Standards Board (acting 
     through the Executive Board) and the Board of Advisors may 
     each hold such hearings for the purpose of carrying out this 
     Act, sit and act at such times and places, take such 
     testimony, and receive such evidence as each such Board 
     considers advisable to carry out this title, except that the 
     Boards may not issue subpoenas requiring the attendance and 
     testimony of witnesses or the production of any evidence.
       (2) Meetings.--The Standards Board and the Board of 
     Advisors shall each hold a meeting of its members--
       (A) not less frequently than once every year for purposes 
     of voting on the voluntary voting system guidelines referred 
     to it under section 222;
       (B) in the case of the Standards Board, not less frequently 
     than once every 2 years for purposes of selecting the 
     Executive Board; and
       (C) at such other times as it considers appropriate for 
     purposes of conducting such other business as it considers 
     appropriate consistent with this title.
       (b) Information From Federal Agencies.--The Standards Board 
     and the Board of Advisors may each secure directly from any 
     Federal department or agency such information as the Board 
     considers necessary to carry out this Act. Upon request of 
     the Executive Board (in the case of the Standards Board) or 
     the Chair (in the case of the Board of Advisors), the head of 
     such department or agency shall furnish such information to 
     the Board.
       (c) Postal Services.--The Standards Board and the Board of 
     Advisors may use the United States mails in the same manner 
     and under the same conditions as a department or agency of 
     the Federal Government.
       (d) Administrative Support Services.--Upon the request of 
     the Executive Board (in the case of the Standards Board) or 
     the Chair (in

[[Page H7252]]

     the case of the Board of Advisors), the Administrator of the 
     General Services Administration shall provide to the Board, 
     on a reimbursable basis, the administrative support services 
     that are necessary to enable the Board to carry out its 
     duties under this title.
       (e) No Compensation for Service.--Members of the Standards 
     Board and members of the Board of Advisors shall not receive 
     any compensation for their service, but shall be paid travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Board.

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

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

           PART 3--TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

     SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.

       (a) Establishment.--There is hereby established the 
     Technical Guidelines Development Committee (hereafter in this 
     part referred to as the ``Development Committee'').
       (b) Duties.--
       (1) In general.--The Development Committee shall assist the 
     Executive Director of the Commission in the development of 
     the voluntary voting system guidelines.
       (2) Deadline for initial set of recommendations.--The 
     Development Committee shall provide its first set of 
     recommendations under this section to the Executive Director 
     of the Commission not later than 9 months after all of its 
     members have been appointed.
       (c) Membership.--
       (1) In general.--The Development Committee shall be 
     composed of the Director of the National Institute of 
     Standards and Technology (who shall serve as its chair), 
     together with a group of 14 other individuals appointed 
     jointly by the Commission and the Director of the National 
     Institute of Standards and Technology, consisting of the 
     following:
       (A) An equal number of each of the following:
       (i) Members of the Standards Board.
       (ii) Members of the Board of Advisors.
       (iii) Members of the Architectural and Transportation 
     Barrier Compliance Board under section 502 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 792).
       (B) A representative of the American National Standards 
     Institute.
       (C) A representative of the Institute of Electrical and 
     Electronics Engineers.
       (D) 2 representatives of the National Association of State 
     Election Directors selected by such Association who are not 
     members of the Standards Board or Board of Advisors, and who 
     are not of the same political party.
       (E) Other individuals with technical and scientific 
     expertise relating to voting systems and voting equipment.
       (2) Quorum.--A majority of the members of the Development 
     Committee shall constitute a quorum, except that the 
     Development Committee may not conduct any business prior to 
     the appointment of all of its members.
       (d) No Compensation for Service.--Members of the 
     Development Committee shall not receive any compensation for 
     their service, but shall be paid travel expenses, including 
     per diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Development Committee.
       (e) Technical Support From National Institute of Standards 
     and Technology.--
       (1) In general.--At the request of the Development 
     Committee, the Director of the National Institute of 
     Standards and Technology shall provide the Development 
     Committee with technical support necessary for the 
     Development Committee to carry out its duties under this 
     subtitle.
       (2) Technical support.--The technical support provided 
     under paragraph (1) shall include intramural research and 
     development in areas to support the development of the 
     voluntary voting system guidelines under this part, 
     including--
       (A) the security of computers, computer networks, and 
     computer data storage used in voting systems, including the 
     computerized list required under section 303(a);
       (B) methods to detect and prevent fraud;
       (C) the protection of voter privacy;
       (D) the role of human factors in the design and application 
     of voting systems, including assistive technologies for 
     individuals with disabilities (including blindness) and 
     varying levels of literacy; and
       (E) remote access voting, including voting through the 
     Internet.
       (3) No private sector intellectual property rights in 
     guidelines.--No private sector individual or entity shall 
     obtain any intellectual property rights to any guideline or 
     the contents of any guideline (or any modification to any 
     guideline) adopted by the Commission under this Act.
       (f) Publication of Recommendations in Federal Register.--At 
     the time the Commission adopts any voluntary voting system 
     guideline pursuant to section 222, the Development Committee 
     shall cause to have published in the Federal Register the 
     recommendations it provided under this section to the 
     Executive Director of the Commission concerning the guideline 
     adopted.

     SEC. 222. PROCESS FOR ADOPTION.

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

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

     SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS.

       (a) Certification and Testing.--
       (1) In general.--The Commission shall provide for the 
     testing, certification, decertification, and recertification 
     of voting system hardware and software by accredited 
     laboratories.
       (2) Optional use by states.--At the option of a State, the 
     State may provide for the testing, certification, 
     decertification, or recertification of its voting system 
     hardware and software by the laboratories accredited by the 
     Commission under this section.
       (b) Laboratory Accreditation.--
       (1) Recommendations by national institute of standards and 
     technology.--Not later than 6 months after the Commission 
     first adopts voluntary voting system guidelines under part 3 
     of subtitle A, the Director of the National Institute of 
     Standards and Technology shall conduct an evaluation of 
     independent, non-Federal laboratories and shall submit to the 
     Commission a list of those laboratories the Director proposes 
     to be accredited to carry out the testing, certification, 
     decertification, and recertification provided for under this 
     section.
       (2) Approval by commission.--
       (A) In general.--The Commission shall vote on the 
     accreditation of any laboratory under this section, taking 
     into consideration the list submitted under paragraph (1), 
     and no laboratory may be accredited for purposes of this 
     section unless its accreditation is approved by a vote of the 
     Commission.
       (B) Accreditation of laboratories not on director list.--
     The Commission shall publish an explanation for the 
     accreditation of any laboratory not included on the list 
     submitted by the Director of the National Institute of 
     Standards and Technology under paragraph (1).

[[Page H7253]]

       (c) Continuing Review by National Institute of Standards 
     and Technology.--
       (1) In general.--In cooperation with the Commission and in 
     consultation with the Standards Board and the Board of 
     Advisors, the Director of the National Institute of Standards 
     and Technology shall monitor and review, on an ongoing basis, 
     the performance of the laboratories accredited by the 
     Commission under this section, and shall make such 
     recommendations to the Commission as it considers appropriate 
     with respect to the continuing accreditation of such 
     laboratories, including recommendations to revoke the 
     accreditation of any such laboratory.
       (2) Approval by commission required for revocation.--The 
     accreditation of a laboratory for purposes of this section 
     may not be revoked unless the revocation is approved by a 
     vote of the Commission.
       (d) Transition.--Until such time as the Commission provides 
     for the testing, certification, decertification, and 
     recertification of voting system hardware and software by 
     accredited laboratories under this section, the accreditation 
     of laboratories and the procedure for the 
     testing, certification, decertification, and 
     recertification of voting system hardware and software 
     used as of the date of the enactment of this Act shall 
     remain in effect.

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

     SEC. 241. PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES.

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

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

       (a) Study.--
       (1) In general.--The Commission, in consultation with the 
     Secretary of Defense, shall conduct a study on the best 
     practices for facilitating voting by absent uniformed 
     services voters (as defined in section 107(1) of the 
     Uniformed and Overseas Citizens Absentee Voting Act) and 
     overseas voters (as defined in section 107(5) of such Act).
       (2) Issues considered.--In conducting the study under 
     paragraph (1) the Commission shall consider the following 
     issues:
       (A) The rights of residence of uniformed services voters 
     absent due to military orders.
       (B) The rights of absent uniformed services voters and 
     overseas voters to register to vote and cast absentee 
     ballots, including the right of such voters to cast a secret 
     ballot.
       (C) The rights of absent uniformed services voters and 
     overseas voters to submit absentee ballot applications early 
     during an election year.
       (D) The appropriate preelection deadline for mailing 
     absentee ballots to absent uniformed services voters and 
     overseas voters.
       (E) The appropriate minimum period between the mailing of 
     absentee ballots to absent uniformed services voters and 
     overseas voters and the deadline for receipt of such ballots.
       (F) The timely transmission of balloting materials to 
     absent uniformed services voters and overseas voters.
       (G) Security and privacy concerns in the transmission, 
     receipt, and processing of ballots from absent uniformed 
     services voters and overseas voters, including the need to 
     protect against fraud.
       (H) The use of a single application by absent uniformed 
     services voters and overseas voters for absentee ballots for 
     all Federal elections occurring during a year.
       (I) The use of a single application for voter registration 
     and absentee ballots by absent uniformed services voters and 
     overseas voters.
       (J) The use of facsimile machines and electronic means of 
     transmission of absentee ballot applications and absentee 
     ballots to absent uniformed services voters and overseas 
     voters.
       (K) Other issues related to the rights of absent uniformed 
     services voters and overseas voters to participate in 
     elections.
       (b) Report and Recommendations.--Not later than the date 
     that is 18 months after the date of the enactment of this 
     Act, the Commission shall submit to the President and 
     Congress a report on the study conducted under subsection 
     (a)(1) together with recommendations identifying the best 
     practices used with respect to the issues considered under 
     subsection (a)(2).

     SEC. 243. REPORT ON HUMAN FACTOR RESEARCH.

       Not later than 1 year after the date of the enactment of 
     this Act, the Commission, in consultation with the Director 
     of the National Institute of Standards and Technology, shall 
     submit a report to Congress which assesses the areas of human 
     factor research, including usability engineering and human-
     computer and human-machine interaction, which feasibly could 
     be applied to voting products and systems design to ensure 
     the usability and accuracy of voting products and systems, 
     including methods to improve access for individuals with 
     disabilities (including blindness) and individuals with 
     limited proficiency in the English language and to reduce 
     voter error and the number of spoiled ballots in elections.

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

       (a) Registration by Mail.--
       (1) Study.--
       (A) In general.--The Commission shall conduct a study of 
     the impact of section 303(b) on voters who register by mail.
       (B) Specific issues studied.--The study conducted under 
     subparagraph (A) shall include--
       (i) an examination of the impact of section 303(b) on first 
     time mail registrant voters who vote in person, including the 
     impact of such section on voter registration;
       (ii) an examination of the impact of such section on the 
     accuracy of voter rolls, including

[[Page H7254]]

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

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

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

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

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

     SEC. 247. CONSULTATION WITH STANDARDS BOARD AND BOARD OF 
                   ADVISORS.

       The Commission shall carry out its duties under this 
     subtitle in consultation with the Standards Board and the 
     Board of Advisors.

                    Subtitle D--Election Assistance

                     PART 1--REQUIREMENTS PAYMENTS

     SEC. 251. REQUIREMENTS PAYMENTS.

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

     SEC. 252. ALLOCATION OF FUNDS.

       (a) In General.--Subject to subsection (c), the amount of a 
     requirements payment made to a State for a year shall be 
     equal to the product of--
       (1) the total amount appropriated for requirements payments 
     for the year pursuant to the authorization under section 257; 
     and
       (2) the State allocation percentage for the State (as 
     determined under subsection (b)).
       (b) State Allocation Percentage Defined.--The ``State 
     allocation percentage'' for a State is the amount (expressed 
     as a percentage) equal to the quotient of--
       (1) the voting age population of the State (as reported in 
     the most recent decennial census); and
       (2) the total voting age population of all States (as 
     reported in the most recent decennial census).

[[Page H7255]]

       (c) Minimum Amount of Payment.--The amount of a 
     requirements payment made to a State for a year may not be 
     less than--
       (1) in the case of any of the several States or the 
     District of Columbia, \1/2\ of 1 percent of the total amount 
     appropriated for requirements payments for the year under 
     section 257; or
       (2) in the case of the Commonwealth of Puerto Rico, Guam, 
     American Samoa, or the United States Virgin Islands, \1/10\ 
     of 1 percent of such total amount.
       (d) Pro Rata Reductions.--The Administrator shall make such 
     pro rata reductions to the allocations determined under 
     subsection (a) as are necessary to comply with the 
     requirements of subsection (c).
       (e) Continuing Availability of Funds After Appropriation.--
     A requirements payment made to a State under this part shall 
     be available to the State without fiscal year limitation.

     SEC. 253. CONDITION FOR RECEIPT OF FUNDS.

       (a) In General.--A State is eligible to receive a 
     requirements payment for a fiscal year if the chief executive 
     officer of the State, or designee, in consultation and 
     coordination with the chief State election official, has 
     filed with the Commission a statement certifying that the 
     State is in compliance with the requirements referred to in 
     subsection (b). A State may meet the requirement of the 
     previous sentence by filing with the Commission a statement 
     which reads as follows: ``______ hereby certifies that it is 
     in compliance with the requirements referred to in section 
     253(b) of the Help America Vote Act of 2002.'' (with the 
     blank to be filled in with the name of the State involved).
       (b) State Plan Requirement; Certification of Compliance 
     With Applicable Laws and Requirements.--The requirements 
     referred to in this subsection are as follows:
       (1) The State has filed with the Commission a State plan 
     covering the fiscal year which the State certifies--
       (A) contains each of the elements described in section 254 
     with respect to the fiscal year;
       (B) is developed in accordance with section 255; and
       (C) meets the public notice and comment requirements of 
     section 256.
       (2) The State has filed with the Commission a plan for the 
     implementation of the uniform, nondiscriminatory 
     administrative complaint procedures required under section 
     402 (or has included such a plan in the State plan filed 
     under paragraph (1)), and has such procedures in place for 
     purposes of meeting the requirements of such section. If the 
     State does not include such an implementation plan in the 
     State plan filed under paragraph (1), the requirements of 
     sections 255(b) and 256 shall apply to the implementation 
     plan in the same manner as such requirements apply to the 
     State plan.
       (3) The State is in compliance with each of the laws 
     described in section 906, as such laws apply with respect to 
     this Act.
       (4) To the extent that any portion of the requirements 
     payment is used for activities other than meeting the 
     requirements of title III--
       (A) the State's proposed uses of the requirements payment 
     are not inconsistent with the requirements of title III; and
       (B) the use of the funds under this paragraph is consistent 
     with the requirements of section 251(b).
       (5) The State has appropriated funds for carrying out the 
     activities for which the requirements payment is made in an 
     amount equal to 5 percent of the total amount to be spent for 
     such activities (taking into account the requirements payment 
     and the amount spent by the State) and, in the case of a 
     State that uses a requirements payment as a reimbursement 
     under section 251(c)(2), an additional amount equal to the 
     amount of such reimbursement.
       (c) Methods of Compliance Left to Discretion of State.--The 
     specific choices on the methods of complying with the 
     elements of a State plan shall be left to the discretion of 
     the State.
       (d) Timing for Filing of Certification.--A State may not 
     file a statement of certification under subsection (a) until 
     the expiration of the 45-day period (or, in the case of a 
     fiscal year other than the first fiscal year for which a 
     requirements payment is made to the State under this 
     subtitle, the 30-day period) which begins on the date the 
     State plan under this subtitle is published in the Federal 
     Register pursuant to section 255(b).
       (e) Chief State Election Official Defined.--In this 
     subtitle, the ``chief State election official'' of a State is 
     the individual designated by the State under section 10 of 
     the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg-8) to be responsible for coordination of the State's 
     responsibilities under such Act.

     SEC. 254. STATE PLAN.

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

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

       (a) In General.--The chief State election official shall 
     develop the State plan under this subtitle through a 
     committee of appropriate individuals, including the chief 
     election officials of the 2 most populous jurisdictions 
     within the States, other local election officials, stake 
     holders (including representatives of groups of individuals 
     with disabilities), and other citizens, appointed for such 
     purpose by the chief State election official.
       (b) Publication of Plan by Commission.--After receiving the 
     State plan of a State under this subtitle, the Commission 
     shall cause to have the plan published in the Federal 
     Register.

     SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT.

       For purposes of section 251(a)(1)(C), a State plan meets 
     the public notice and comment requirements of this section 
     if--

[[Page H7256]]

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

     SEC. 257. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 258. REPORTS.

       Not later than 6 months after the end of each fiscal year 
     for which a State received a requirements payment under this 
     part, the State shall submit a report to the Commission on 
     the activities conducted with the funds provided during the 
     year, and shall include in the report--
       (1) a list of expenditures made with respect to each 
     category of activities described in section 251(b);
       (2) the number and type of articles of voting equipment 
     obtained with the funds; and
       (3) an analysis and description of the activities funded 
     under this part to meet the requirements of this Act and an 
     analysis and description of how such activities conform to 
     the State plan under section 254.

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

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

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

     SEC. 262. AMOUNT OF PAYMENT.

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

     SEC. 263. REQUIREMENTS FOR ELIGIBILITY.

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

     SEC. 264. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 265. REPORTS.

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

     PART 3--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

     SEC. 271. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY 
                   IMPROVEMENTS.

       (a) In General.--The Commission shall make grants to assist 
     entities in carrying out research and development to improve 
     the quality, reliability, accuracy, accessibility, 
     affordability, and security of voting equipment, election 
     systems, and voting technology.
       (b) Eligibility.--An entity is eligible to receive a grant 
     under this part if it submits to the Commission (at such time 
     and in such form as the Commission may require) an 
     application containing--
       (1) certifications that the research and development funded 
     with the grant will take into account the need to make voting 
     equipment fully accessible for individuals with disabilities, 
     including the blind and visually impaired, the need to ensure 
     that such individuals can vote independently and with 
     privacy, and the need to provide alternative language 
     accessibility for individuals with limited proficiency in the 
     English language (consistent with the requirements of the 
     Voting Rights Act of 1965); and
       (2) such other information and certifications as the 
     Commission may require.
       (c) Applicability of Regulations Governing Patent Rights in 
     Inventions Made With Federal Assistance.--Any invention made 
     by the recipient of a grant under this part using funds 
     provided under this part shall be subject to chapter 18 of 
     title 35, United States Code (relating to patent rights in 
     inventions made with Federal assistance).
       (d) Recommendation of Topics for Research.--
       (1) In general.--The Director of the National Institute of 
     Standards and Technology (hereafter in this section referred 
     to as the ``Director'') shall submit to the Commission an 
     annual list of the Director's suggestions for issues which 
     may be the subject of research funded with grants awarded 
     under this part during the year.
       (2) Review of grant applications received by commission.--
     The Commission shall submit each application it receives for 
     a grant under this part to the Director, who shall review the 
     application and provide the Commission with such comments as 
     the Director considers appropriate.
       (3) Monitoring and adjustment of grant activities at 
     request of commission.--After the Commission has awarded a 
     grant under this part, the Commission may request that the 
     Director monitor the grant, and (to the extent permitted 
     under the terms of the grant as awarded) the Director may 
     recommend to the Commission that the recipient of the grant 
     modify and adjust the activities carried out under the grant.
       (4) Evaluation of grants at request of commission.--
       (A) In general.--In the case of a grant for which the 
     Commission submits the application to the Director under 
     paragraph (2) or requests that the Director monitor the grant 
     under paragraph (3), the Director shall prepare and submit to 
     the Commission an evaluation of the grant and the activities 
     carried out under the grant.
       (B) Inclusion in reports.--The Commission shall include the 
     evaluations submitted under subparagraph (A) for a year in 
     the report submitted for the year under section 207.
       (e) Provision of Information on Projects.--The Commission 
     may provide to the Technical Guidelines Development Committee 
     under part 3 of subtitle A such information regarding the 
     activities funded under this part as the Commission deems 
     necessary to assist the Committee in carrying out its duties.

     SEC. 272. REPORT.

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

     SEC. 273. AUTHORIZATION OF APPROPRIATIONS.

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

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

     SEC. 281. PILOT PROGRAM.

       (a) In General.--The Commission shall make grants to carry 
     out pilot programs under which new technologies in voting 
     systems and equipment are tested and implemented on a trial 
     basis so that the results of such tests and trials are 
     reported to Congress.
       (b) Eligibility.--An entity is eligible to receive a grant 
     under this part if it submits to the Commission (at such time 
     and in such form as the Commission may require) an 
     application containing--
       (1) certifications that the pilot programs funded with the 
     grant will take into account the

[[Page H7257]]

     need to make voting equipment fully accessible for 
     individuals with disabilities, including the blind and 
     visually impaired, the need to ensure that such individuals 
     can vote independently and with privacy, and the need to 
     provide alternative language accessibility for individuals 
     with limited proficiency in the English language (consistent 
     with the requirements of the Voting Rights Act of 1965 and 
     the requirements of this Act); and
       (2) such other information and certifications as the 
     Commission may require.
       (c) Recommendation of Topics for Pilot Programs.--
       (1) In general.--The Director of the National Institute of 
     Standards and Technology (hereafter in this section referred 
     to as the ``Director'') shall submit to the Commission an 
     annual list of the Director's suggestions for issues which 
     may be the subject of pilot programs funded with grants 
     awarded under this part during the year.
       (2) Review of grant applications received by commission.--
     The Commission shall submit each application it receives for 
     a grant under this part to the Director, who shall review the 
     application and provide the Commission with such comments as 
     the Director considers appropriate.
       (3) Monitoring and adjustment of grant activities at 
     request of commission.--After the Commission has awarded a 
     grant under this part, the Commission may request that the 
     Director monitor the grant, and (to the extent permitted 
     under the terms of the grant as awarded) the Director may 
     recommend to the Commission that the recipient of the grant 
     modify and adjust the activities carried out under the grant.
       (4) Evaluation of grants at request of commission.--
       (A) In general.--In the case of a grant for which the 
     Commission submits the application to the Director under 
     paragraph (2) or requests that the Director monitor the grant 
     under paragraph (3), the Director shall prepare and submit to 
     the Commission an evaluation of the grant and the activities 
     carried out under the grant.
       (B) Inclusion in reports.--The Commission shall include the 
     evaluations submitted under subparagraph (A) for a year in 
     the report submitted for the year under section 207.
       (d) Provision of Information on Projects.--The Commission 
     may provide to the Technical Guidelines Development Committee 
     under part 3 of subtitle A such information regarding the 
     activities funded under this part as the Commission deems 
     necessary to assist the Committee in carrying out its duties.

     SEC. 282. REPORT.

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

     SEC. 283. AUTHORIZATION OF APPROPRIATIONS.

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

                PART 5--PROTECTION AND ADVOCACY SYSTEMS

     SEC. 291. PAYMENTS FOR PROTECTION AND ADVOCACY SYSTEMS.

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

     SEC. 292. AUTHORIZATION OF APPROPRIATIONS.

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

           PART 6--NATIONAL STUDENT AND PARENT MOCK ELECTION

     SEC. 295. NATIONAL STUDENT AND PARENT MOCK ELECTION.

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

     SEC. 296. AUTHORIZATION OF APPROPRIATIONS.

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

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

                        Subtitle A--Requirements

     SEC. 301. VOTING SYSTEMS STANDARDS.

       (a) Requirements.--Each voting system used in an election 
     for Federal office shall meet the following requirements:
       (1) In general.--
       (A) Except as provided in subparagraph (B), the voting 
     system (including any lever voting system, optical scanning 
     voting system, or direct recording electronic system) shall--
       (i) permit the voter to verify (in a private and 
     independent manner) the votes selected by the voter on the 
     ballot before the ballot is cast and counted;
       (ii) provide the voter with the opportunity (in a private 
     and independent manner) to change the ballot or correct any 
     error before the ballot is cast and counted (including the 
     opportunity to correct the error through the issuance of a 
     replacement ballot if the voter was otherwise unable to 
     change the ballot or correct any error); and
       (iii) if the voter selects votes for more than 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 jurisdiction that uses a paper ballot voting 
     system, a punch card voting system, or a central count voting 
     system (including mail-in absentee ballots and mail-in 
     ballots), may meet the requirements of subparagraph (A)(iii) 
     by--
       (i) establishing a voter education program specific to that 
     voting system that notifies each voter of the effect of 
     casting multiple votes for an office; and
       (ii) providing the voter with instructions on how to 
     correct the ballot before it is cast and counted (including 
     instructions on how to correct the error through the issuance 
     of a replacement ballot if the voter was otherwise unable to 
     change the ballot or correct any error).
       (C) The voting system shall ensure that any notification 
     required under this paragraph preserves the privacy of the 
     voter and the confidentiality of the ballot.
       (2) Audit capacity.--

[[Page H7258]]

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

     SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION 
                   REQUIREMENTS.

       (a) Provisional Voting Requirements.--If an individual 
     declares that such individual is a registered voter in the 
     jurisdiction in which the individual desires to vote and that 
     the individual is eligible to vote in an election for Federal 
     office, but the name of the individual does not appear on the 
     official list of eligible voters for the polling place or an 
     election official asserts that the individual is not eligible 
     to vote, such individual shall be permitted to cast a 
     provisional ballot as follows:
       (1) An election official at the polling place shall notify 
     the individual that the individual may cast a provisional 
     ballot in that election.
       (2) The individual shall be permitted to cast a provisional 
     ballot at that polling place upon the execution of a written 
     affirmation by the individual before an election official at 
     the polling place stating that the individual is--
       (A) a registered voter in the jurisdiction in which the 
     individual desires to vote; and
       (B) eligible to vote in that election.
       (3) An election official at the polling place shall 
     transmit the ballot cast by the individual or the voter 
     information contained in the written affirmation executed by 
     the individual under paragraph (2) to an appropriate State or 
     local election official for prompt verification under 
     paragraph (4).
       (4) If the appropriate State or local election official to 
     whom the ballot or voter information is transmitted under 
     paragraph (3) determines that the individual is eligible 
     under State law to vote, the individual's provisional ballot 
     shall be counted as a vote in that election in accordance 
     with State law.
       (5)(A) At the time that an individual casts a provisional 
     ballot, the appropriate State or local election official 
     shall give the individual written information that states 
     that any individual who casts a provisional ballot will be 
     able to ascertain under the system established under 
     subparagraph (B) whether the vote was counted, and, if the 
     vote was not counted, the reason that the vote was not 
     counted.
       (B) The appropriate State or local election official shall 
     establish a free access system (such as a toll-free telephone 
     number or an Internet website) that any individual who casts 
     a provisional ballot may access to discover whether the vote 
     of that individual was counted, and, if the vote was not 
     counted, the reason that the vote was not counted.

     States described in section 4(b) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg-2(b)) may meet the 
     requirements of this subsection using voter registration 
     procedures established under applicable State law. The 
     appropriate State or local official shall establish and 
     maintain reasonable procedures necessary to protect the 
     security, confidentiality, and integrity of personal 
     information collected, stored, or otherwise used by the free 
     access system established under paragraph (5)(B). Access to 
     information about an individual provisional ballot shall be 
     restricted to the individual who cast the ballot.
       (b) Voting Information Requirements.--
       (1) Public posting on election day.--The appropriate State 
     or local election official shall cause voting information to 
     be publicly posted at each polling place on the day of each 
     election for Federal office.
       (2) Voting information defined.--In this section, the term 
     ``voting information'' means--
       (A) a sample version of the ballot that will be used for 
     that election;
       (B) information regarding the date of the election and the 
     hours during which polling places will be open;
       (C) instructions on how to vote, including how to cast a 
     vote and how to cast a provisional ballot;
       (D) instructions for mail-in registrants and first-time 
     voters under section 303(b);
       (E) general information on voting rights under applicable 
     Federal and State laws, including information on the right of 
     an individual to cast a provisional ballot and instructions 
     on how to contact the appropriate officials if these rights 
     are alleged to have been violated; and
       (F) general information on Federal and State laws regarding 
     prohibitions on acts of fraud and misrepresentation.
       (c) Voters Who Vote After the Polls Close.--Any individual 
     who votes in an election for Federal office as a result of a 
     Federal or State court order or any other order extending the 
     time established for closing the polls by a State law in 
     effect 10 days before the date of that election may only vote 
     in that election by casting a provisional ballot under 
     subsection (a). Any such ballot cast under the preceding 
     sentence shall be separated and held apart from other 
     provisional ballots cast by those not affected by the order.
       (d) Effective Date for Provisional Voting and Voting 
     Information.--Each State and jurisdiction shall be required 
     to comply with the requirements of this section on and after 
     January 1, 2004.

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

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

[[Page H7259]]

       (2) Computerized list maintenance.--
       (A) In general.--The appropriate State or local election 
     official shall perform list maintenance with respect to the 
     computerized list on a regular basis as follows:
       (i) If an individual is to be removed from the computerized 
     list, such individual shall be removed in accordance with the 
     provisions of the National Voter Registration Act of 1993 (42 
     U.S.C. 1973gg et seq.), including subsections (a)(4), (c)(2), 
     (d), and (e) of section 8 of such Act (42 U.S.C. 1973gg-6).
       (ii) For purposes of removing names of ineligible voters 
     from the official list of eligible voters--

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

       (iii) Notwithstanding the preceding provisions of this 
     subparagraph, if a State is described in section 4(b) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     2(b)), that State shall remove the names of ineligible voters 
     from the computerized list in accordance with State law.
       (B) Conduct.--The list maintenance performed under 
     subparagraph (A) shall be conducted in a manner that ensures 
     that--
       (i) the name of each registered voter appears in the 
     computerized list;
       (ii) only voters who are not registered or who are not 
     eligible to vote are removed from the computerized list; and
       (iii) duplicate names are eliminated from the computerized 
     list.
       (3) Technological security of computerized list.--The 
     appropriate State or local official shall provide adequate 
     technological security measures to prevent the unauthorized 
     access to the computerized list established under this 
     section.
       (4) Minimum standard for accuracy of state voter 
     registration records.--The State election system shall 
     include provisions to ensure that voter registration records 
     in the State are accurate and are updated regularly, 
     including the following:
       (A) A system of file maintenance that makes a reasonable 
     effort to remove registrants who are ineligible to vote from 
     the official list of eligible voters. Under such system, 
     consistent with the National Voter Registration Act of 1993 
     (42 U.S.C. 1973gg et seq.), registrants who have not 
     responded to a notice and who have not voted in 2 consecutive 
     general elections for Federal office shall be removed from 
     the official list of eligible voters, except that no 
     registrant may be removed solely by reason of a failure to 
     vote.
       (B) Safeguards to ensure that eligible voters are not 
     removed in error from the official list of eligible voters.
       (5) Verification of voter registration information.--
       (A) Requiring provision of certain information by 
     applicants.--
       (i) In general.--Except as provided in clause (ii), 
     notwithstanding any other provision of law, an application 
     for voter registration for an election for Federal office may 
     not be accepted or processed by a State unless the 
     application includes--

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

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

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

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

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

       (B) Fail-safe voting.--
       (i) In person.--An individual who desires to vote in 
     person, but who does not meet the requirements of 
     subparagraph (A)(i), may cast a provisional ballot under 
     section 302(a).
       (ii) By mail.--An individual who desires to vote by mail 
     but who does not meet the requirements of subparagraph 
     (A)(ii) may cast such a ballot by mail and the ballot shall 
     be counted as a provisional ballot in accordance with section 
     302(a).
       (3) Inapplicability.--Paragraph (1) shall not apply in the 
     case of a person--
       (A) who registers to vote by mail under section 6 of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) 
     and submits as part of such registration either--
       (i) a copy of a current and valid photo identification; or
       (ii) a copy of a current utility bill, bank statement, 
     government check, paycheck, or government document that shows 
     the name and address of the voter;
       (B)(i) who registers to vote by mail under section 6 of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) 
     and submits with such registration either--

[[Page H7260]]

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

     SEC. 304. MINIMUM REQUIREMENTS.

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

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

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

                     Subtitle B--Voluntary Guidance

     SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION.

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

     SEC. 312. PROCESS FOR ADOPTION.

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

                         TITLE IV--ENFORCEMENT

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

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

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

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

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

     SEC. 501. ESTABLISHMENT OF PROGRAM.

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

     SEC. 502. ACTIVITIES UNDER PROGRAM.

       (a) In General.--In carrying out the Program, the 
     Commission (in consultation with the

[[Page H7261]]

     chief election official of each State) shall develop 
     materials, sponsor seminars and workshops, engage in 
     advertising targeted at students, make grants, and take such 
     other actions as it considers appropriate to meet the 
     purposes described in section 501(b).
       (b) Requirements for Grant Recipients.--In making grants 
     under the Program, the Commission shall ensure that the funds 
     provided are spent for projects and activities which are 
     carried out without partisan bias or without promoting any 
     particular point of view regarding any issue, and that each 
     recipient is governed in a balanced manner which does not 
     reflect any partisan bias.
       (c) Coordination With Institutions of Higher Education.--
     The Commission shall encourage institutions of higher 
     education (including community colleges) to participate in 
     the Program, and shall make all necessary materials and other 
     assistance (including materials and assistance to enable the 
     institution to hold workshops and poll worker training 
     sessions) available without charge to any institution which 
     desires to participate in the Program.

     SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

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

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

     SEC. 601. HELP AMERICA VOTE FOUNDATION.

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

              ``CHAPTER 1526--HELP AMERICA VOTE FOUNDATION

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

     ``Sec. 152601. Organization

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

     ``Sec. 152602. Purposes

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

     ``Sec. 152603. Board of directors

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

     ``Sec. 152604. Officers and employees

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

     ``Sec. 152605. Powers

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

     ``Sec. 152606. Principal office

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

     ``Sec. 152607. Service of process

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

     ``Sec. 152608. Annual audit

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

[[Page H7262]]

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

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

     ``Sec. 152610. Immunity of United States Government

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

     ``Sec. 152611. Authorization of appropriations

       ``There are authorized to be appropriated to the foundation 
     for carrying out the purposes of this chapter--
       ``(1) $5,000,000 for fiscal year 2003; and
       ``(2) such sums as may be necessary for each succeeding 
     fiscal year.

     ``Sec. 152612. Annual report

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

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

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

     SEC. 701. VOTING ASSISTANCE PROGRAMS.

       (a) Voting Assistance Officers.--Subsection (f) of section 
     1566 of title 10, United States Code, as added by section 
     1602(a) of the National Defense Authorization Act for Fiscal 
     Year 2002 (Public Law 107-107; 115 Stat. 1274), is amended--
       (1) by striking ``Voting assistance'' in the first sentence 
     and inserting ``(1) Voting assistance''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Under regulations and procedures (including 
     directives) prescribed by the Secretary, a member of the 
     armed forces appointed or assigned to duty as a voting 
     assistance officer shall, to the maximum extent practicable, 
     be given the time and resources needed to perform the 
     member's duties as a voting assistance officer during the 
     period in advance of a general election when members and 
     their dependents are preparing and submitting absentee 
     ballots.''.
       (b) Postmarking of Overseas Voting Materials.--Subsection 
     (g)(2) of such section is amended by adding at the end the 
     following: ``The Secretary shall, to the maximum extent 
     practicable, implement measures to ensure that a postmark or 
     other official proof of mailing date is provided on each 
     absentee ballot collected at any overseas location or vessel 
     at sea whenever the Department of Defense is responsible for 
     collecting mail for return shipment to the United States. The 
     Secretary shall ensure that the measures implemented under 
     the preceding sentence do not result in the delivery of 
     absentee ballots to the final destination of such ballots 
     after the date on which the election for Federal office is 
     held. Not later than the date that is 6 months after the date 
     of the enactment of the Help America Vote Act of 2002, the 
     Secretary shall submit to Congress a report describing the 
     measures to be implemented to ensure the timely transmittal 
     and postmarking of voting materials and identifying the 
     persons responsible for implementing such measures.''.
       (c) Providing Notice of Deadlines and Requirements.--Such 
     section is amended by adding at the end the following new 
     subsection:
       ``(h) Notice of Deadlines and Requirements.--The Secretary 
     of each military department, utilizing the voting assistance 
     officer network established for each military installation, 
     shall, to the maximum extent practicable, provide notice to 
     members of the Armed Forces stationed at that installation of 
     the last date before a general Federal election for which 
     absentee ballots mailed from a postal facility located at 
     that installation can reasonably be expected to be timely 
     delivered to the appropriate State and local election 
     officials.''.
       (d) Registration and Voting Information for Members and 
     Dependents.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(i) Registration and Voting Information for Members and 
     Dependents.--(1) The Secretary of each military department, 
     using a variety of means including both print and electronic 
     media, shall, to the maximum extent practicable, ensure that 
     members of the Armed Forces and their dependents who are 
     qualified to vote have ready access to information regarding 
     voter registration requirements and deadlines (including 
     voter registration), absentee ballot application requirements 
     and deadlines, and the availability of voting assistance 
     officers to assist members and dependents to understand and 
     comply with these requirements.
       ``(2) The Secretary of each military department shall make 
     the national voter registration form prepared for purposes of 
     the Uniformed and Overseas Citizens Absentee Voting Act by 
     the Federal Election Commission available so that each person 
     who enlists shall receive such form at the time of the 
     enlistment, or as soon thereafter as practicable.
       ``(3) Where practicable, a special day or days shall be 
     designated at each military installation for the purpose of 
     informing members of the Armed Forces and their dependents of 
     election timing, registration requirements, and voting 
     procedures.''.

     SEC. 702. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE 
                   INFORMATION ON REGISTRATION AND ABSENTEE 
                   BALLOTS FOR ALL VOTERS IN STATE.

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

     SEC. 703. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED 
                   AFTER GENERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 702, is amended by adding at the end the following 
     new subsection:
       ``(c) Report on Number of Absentee Ballots Transmitted and 
     Received.--Not later than 90 days after the date of each 
     regularly scheduled general election for Federal office, each 
     State and unit of local government which administered the 
     election shall (through the State, in the case of a unit of 
     local government) submit a report to the Election Assistance 
     Commission (established under the Help America Vote Act of 
     2002) on the combined number of absentee ballots transmitted 
     to absent uniformed services voters and overseas voters for 
     the election and the combined number of such ballots which 
     were returned by such voters and cast in the election, and 
     shall make such report available to the general public.''.
       (b) Development of Standardized Format for Reports.--The 
     Election Assistance Commission, working with the Election 
     Assistance Commission Board of Advisors and the Election 
     Assistance Commission Standards Board, shall develop a 
     standardized format for the reports submitted by States and 
     units of local government under section 102(c) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (as added 
     by subsection (a)), and shall make the format available to 
     the States and units of local government submitting such 
     reports.

     SEC. 704. EXTENSION OF PERIOD COVERED BY SINGLE ABSENTEE 
                   BALLOT APPLICATION.

       Section 104(a) of the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by 
     section 1606(b) of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1279), is 
     amended by striking ``during that year,'' and all that 
     follows and inserting the following: ``through the next 2 
     regularly scheduled general elections for Federal office 
     (including any runoff elections which may occur as a result 
     of the outcome of such general elections), the State shall 
     provide an absentee ballot to the voter for each such 
     subsequent election.''.

     SEC. 705. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER 
                   UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING 
                   ACT.

       (a) Educating Election Officials on Responsibilities Under 
     Act.--Section 101(b)(1) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(1)) is 
     amended by striking the semicolon at the end and inserting 
     the following: ``, and ensure that such officials are aware 
     of the requirements of this Act;''.
       (b) Development of Standard Oath for Use With Materials.--
       (1) In general.--Section 101(b) of such Act (42 U.S.C. 
     1973ff(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(7) prescribe a standard oath for use with any document 
     under this title affirming that a material misstatement of 
     fact in the completion of such a document may constitute 
     grounds for a conviction for perjury.''.
       (2) Requiring states to use standard oath.--Section 102(a) 
     of such Act (42 U.S.C. 1973ff-1(b)), as amended by section 
     702, is amended--
       (A) by striking ``and'' at the end of paragraph (3);

[[Page H7263]]

       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) if the State requires an oath or affirmation to 
     accompany any document under this title, use the standard 
     oath prescribed by the Presidential designee under section 
     101(b)(7).''.
       (c) Providing Statistical Analysis of Voter Participation 
     for Both Overseas Voters and Absent Uniformed Services 
     Voters.--Section 101(b)(6) of such Act (42 U.S.C. 
     1973ff(b)(6)) is amended by striking ``a general assessment'' 
     and inserting ``a separate statistical analysis''.

     SEC. 706. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND 
                   ABSENTEE BALLOT APPLICATIONS ON GROUNDS OF 
                   EARLY SUBMISSION.

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

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

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

                   TITLE VIII--TRANSITION PROVISIONS

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

     SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

       (a) Transfer of Functions of Office of Election 
     Administration of Federal Election Commission.--There are 
     transferred to the Election Assistance Commission established 
     under section 201 all functions which the Office of Election 
     Administration, established within the Federal Election 
     Commission, exercised before the date of the enactment of 
     this Act.
       (b) Conforming Amendment.--Section 311(a) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
       (1) in paragraph (8), by inserting ``and'' at the end;
       (2) in paragraph (9), by striking ``; and'' and inserting a 
     period; and
       (3) by striking paragraph (10) and the second and third 
     sentences.

     SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993.

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

     SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.

       (a) Property and Records.--The contracts, liabilities, 
     records, property, and other assets and interests of, or made 
     available in connection with, the offices and functions of 
     the Federal Election Commission which are transferred by this 
     subtitle are transferred to the Election Assistance 
     Commission for appropriate allocation.
       (b) Personnel.--
       (1) In general.--The personnel employed in connection with 
     the offices and functions of the Federal Election Commission 
     which are transferred by this subtitle are transferred to the 
     Election Assistance Commission.
       (2) Effect.--Any full-time or part-time personnel employed 
     in permanent positions shall not be separated or reduced in 
     grade or compensation because of the transfer under this 
     subsection during the 1-year period beginning on the date of 
     the enactment of this Act.

     SEC. 804. EFFECTIVE DATE; TRANSITION.

       (a) Effective Date.--This title and the amendments made by 
     this title shall take effect upon the appointment of all 
     members of the Election Assistance Commission under section 
     203.
       (b) Transition.--With the consent of the entity involved, 
     the Election Assistance Commission is authorized to utilize 
     the services of such officers, employees, and other personnel 
     of the entities from which functions have been transferred to 
     the Election Assistance Commission under this title or the 
     amendments made by this title for such period of time as 
     may reasonably be needed to facilitate the orderly 
     transfer of such functions.
       (c) No Effect on Authorities of Office of Election 
     Administration Prior to Appointment of Members of 
     Commission.--During the period which begins on the date of 
     the enactment of this Act and ends on the effective date 
     described in subsection (a), the Office of Election 
     Administration of the Federal Election Commission shall 
     continue to have the authority to carry out any of the 
     functions (including the development of voluntary standards 
     for voting systems and procedures for the certification of 
     voting systems) which it has the authority to carry out as of 
     the date of the enactment of this Act.

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

     SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN 
                   CIVIL SERVICE LAWS.

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

     SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

     SEC. 901. STATE DEFINED.

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

     SEC. 902. AUDITS AND REPAYMENT OF FUNDS.

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

     the recipient shall pay to the office which made the grant or 
     payment involved a portion of the funds provided which 
     reflects the proportion of the requirements with which the 
     recipient is not in compliance, or the extent to which the 
     payment is in excess, under the program involved.

[[Page H7264]]

     SEC. 903. CLARIFICATION OF ABILITY OF ELECTION OFFICIALS TO 
                   REMOVE REGISTRANTS FROM OFFICIAL LIST OF VOTERS 
                   ON GROUNDS OF CHANGE OF RESIDENCE.

       Section 8(b)(2) of the National Voter Registration Act of 
     1993 (42 U.S.C. 1973gg-6(b)(2)) is amended by striking the 
     period at the end and inserting the following: ``, except 
     that nothing in this paragraph may be construed to prohibit a 
     State from using the procedures described in subsections (c) 
     and (d) to remove an individual from the official list of 
     eligible voters if the individual--
       ``(A) has not either notified the applicable registrar (in 
     person or in writing) or responded during the period 
     described in subparagraph (B) to the notice sent by the 
     applicable registrar; and then
       ``(B) has not voted or appeared to vote in 2 or more 
     consecutive general elections for Federal office.''.

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

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

     SEC. 905. OTHER CRIMINAL PENALTIES.

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

     SEC. 906. NO EFFECT ON OTHER LAWS.

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

     From the Committee on House Administration, for consideration 
     of the House bill and the Senate amendments, and 
     modifications committed to conference:
     Robert Ney,
     Vernon J. Ehlers,
     John T. Doolittle,
     Thomas M. Reynolds,
     Steny H. Hoyer,
     Chaka Fattah,
     Jim Davis,
     From the Committee on Armed Services, for consideration of 
     secs. 601 and 606 of the House bill, and sec. 404 of the 
     Senate amendments, and modifications committed to conference:
     Bob Stump,
     John M. McHugh,
     Ike Skelton,
     From the Committee on the Judiciary, for consideration of 
     secs. 216, 221, title IV, secs. 502 and 503 of the House 
     bill, and secs. 101, 102, 104, subtitles A, B, and C of title 
     II, secs. 311, 501 and 502 of the Senate amendments, and 
     modifications committed to conference;
     John Conyers, Jr.,
     From the Committee on Science, for consideration of secs. 
     221-5, 241-3, 251-3, and 261 of the House bill, and sec. 101 
     of the Senate amendments, and modifications committed to 
     conference:
     Sherwood Boehlert,
     Constance Morella,
     Jim Barcia
       (Provided that Ms. Jackson-Lee of Texas is appointed in 
     lieu of Mr. Barcia for consideration of secs. 251-3 of the 
     House bill, and modifications committed to conference),
     Sheila Jackson-Lee,
     From the Committee on Ways and Means, for consideration of 
     secs. 103 sand 503 of the Senate amendments, and 
     modifications committed to conference:
     William Thomas,
     E. Clay Shaw, Jr.,
     Charles B. Rangel,
     For consideration of the House bill and Senate amendments, 
     and modifications committed to conference:
     Roy Blunt,
                                Managers on the Part of the House.

     Christopher J. Dodd,
     Richard J. Durbin,
     Mitch McConnell,
     Christopher S. Bond,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE ON CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the Senate to the bill (H.R. 3295), to 
     establish a program to provide funds to States to replace 
     punch card voting systems, to establish the Election 
     Assistance Commission to assist in the administration of 
     Federal elections and to otherwise provide assistance with 
     the administration of certain Federal election laws and 
     programs, to establish minimum election administration 
     standards for States and units of local government with 
     responsibility for the administration of Federal elections, 
     and for other purposes, submit the following joint statement 
     to the House and the Senate in explanation of the effect of 
     the action agreed upon by the managers and recommended in the 
     accompanying conference report:
       The Senate amendment to the text of the bill struck all of 
     the House bill after the enacting clause and inserted a 
     substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clarifying 
     changes.

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

     Sec. 101. Payments to States for activities to improve 
         administration of elections
       Provides payments to States to improve the administration 
     of federal elections, designates permitted uses of the funds, 
     and sets the size of the payment at an amount based on the 
     relative size of the voting-age population plus a minimum.
     Sec. 102. Replacement of punch card and lever voting machines
       Provides payments to States to replace punch card and lever 
     voting systems with other systems meeting the requirements of 
     this Act.
     Sec. 103. Guaranteed minimum payment amount
       Sets the minimum aggregate payment under Sec. 101 and 102 
     at $5 million.
     Sec. 104. Authorization of appropriations
       Authorizes $325 million in no-year funds for each program 
     under Sec. 101 and 102 plus sums necessary for administration 
     of the program, with unexpended or returned funds to be used 
     for requirements payments under title II.
     Sec. 105. Administration of programs
       Provides authority to expedite payments.
     Sec. 106. Effective date
       Requires payments to be made within 45 days of enactment.

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 Part 1--Election Assistance Commission

     Sec. 201. Establishment
       Establishes the Election Assistance Commission, the 
     Election Assistance Commission Standards Board, the Election 
     Assistance Board of Advisors, and the Technical Guidelines 
     Development Committee.
     Sec. 202. Duties
       Stipulates that the Commission will serve as a national 
     clearinghouse for information on federal elections and will 
     carry out duties described in this Title, in Title III, and 
     in Title V.
     Sec. 203. Membership and appointment
       Requires that the four Commission members are appointed by 
     the President with the advice and consent of the Senate.
     Sec. 204. Staff
       Creates positions for an Executive Director and General 
     Counsel and stipulates that the Executive Director may 
     appoint additional staff.
     Sec. 205. Powers
       Empowers the Commission to hold hearings, take testimony, 
     receive evidence, let contracts, obtain information from 
     Federal agencies and support from the General Services 
     Administration, and to use the mails as do other Federal 
     agencies.

[[Page H7265]]

     Sec. 206. Dissemination of information
       Requires the Commission to disseminate information on its 
     activities to the public on an ongoing basis.
     Sec. 207. Annual report
       Requires that the Commission submit a report to Congress by 
     January 1 of each year on its activities for the previous 
     fiscal year, including each program carried out, grant 
     payments made, a copy of submitted reports by grant 
     recipients, information on voluntary standards adopted, votes 
     taken by the Commission, and other appropriate information.
     Sec. 208. Requiring majority approval for actions
       Requires that any action of the Commission be approved by 
     three members.
     Sec. 209. Limitation on rulemaking authority
       Prohibits the Commission from imposing any rule, 
     regulation, or taking any action that imposes requirements on 
     State or local governments except as permitted under the 
     National Voter Registration Act of 1993.
     Sec. 210. Authorization of appropriations
       Authorizes a maximum appropriation of $10 million per year 
     for FY2003 through FY2005, in addition to grants and payments 
     authorized under the title.

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

     Sec. 211. Establishment
       Establishes a Standards Board and a Board of Advisors under 
     the Election Assistance Commission.
     Sec. 212. Duties
       Requires that the two boards review the guidelines 
     described in this title.
     Sec. 213. Membership of Standards Board
       Sets membership at 110, to include, from each State, the 
     chief election official and a local election official chosen 
     by peers in the State, with no two members from a state to be 
     from the same political party, and also requires the board to 
     select a nine-member Executive Board.
     Sec. 214. Membership of Board of Advisors
       Sets membership at 37, two each appointed by the National 
     Governors Association; the National Conference of State 
     Legislatures; the National Association of Secretaries of 
     State; the National Association of State Election Directors; 
     the National Association of Counties; the National 
     Association of County Recorders; Election Administrators, and 
     Clerks; the U.S. Conference of Mayors; the Election Center; 
     and the International Association of County Recorders, 
     Election Officials, and Treasurers; the U.S. Commission on 
     Civil Rights; the Architectural and Transportation Barrier 
     Compliance Board; plus the chief of the Office of Public 
     Integrity of the Department of Justice; the chief of the 
     Voting Section of the Civil Rights Division of the Department 
     of Justice; the director of the Federal Voting Assistance 
     Program of the Department of Defense; plus four members 
     representing professionals in the field of science and 
     technology; plus eight members representing voter interests, 
     of which four are appointed by the House Administration 
     Committee, two by the chairman and two by the ranking 
     minority member; and four members appointed by the Committee 
     on Rules and Administration of the Senate, two by the 
     chairman and two by the ranking minority member.
     Sec. 215. Powers of Boards; no compensation for service
       Empowers each board to hold hearings, take testimony, and 
     receive evidence, obtain information from Federal agencies 
     and support from the General Services Administration, and to 
     use the mails as do other Federal agencies. Prohibits 
     issuance of subpoenas. Requires each board to meet at least 
     yearly and prohibits compensation of board members, but 
     permits payment of travel expenses.
     Sec. 216. Status of Boards and members for purposes of claims 
         against Board
       Applies provisions of 28 U.S.C., Chapters 161 and 171, with 
     respect to liability of boards and members, with an exception 
     for criminal acts and other willful misconduct.

           Part 3--Technical Guidelines Development Committee

     Sec. 221. Technical Guidelines Development Committee
       Establishes a 15-member Technical Guidelines Development 
     Committee, to assist in the development of voluntary voting 
     system guidelines (and modifications), to be chaired by the 
     Director of the National Institute of Standards and 
     Technology (NIST), and with members appointed jointly by the 
     Director and the Commission and drawn from the Standards 
     Board, the Board of Advisors, the Compliance Board, the 
     Architectural and Transportation Barriers Compliance Board, 
     the American National Standards Institute, the Institute of 
     Electrical and Electronics Engineers, the National 
     Association of State Election Directors, and other persons 
     with relevant scientific and technical expertise. Prohibits 
     compensation of members, but permits payment of travel 
     expense, and requires publication of recommendations of the 
     Development Committee in the Federal Register when the 
     Commission adopts any guideline.
     Sec. 222. Process for adoption
       Requires the Executive Director of the Commission to take 
     recommendations of the Development Committee into account in 
     developing guidelines, and for the two boards to review the 
     proposed guidelines, with a vote of the Commission required 
     for adoption.

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

     Sec. 231. Certification and testing of voting systems
       Requires the Commission to provide for testing, 
     certification, decertification, and recertification of voting 
     systems by accredited laboratories; NIST provides a list of 
     recommended candidates for certification and provides for 
     continuing review of laboratory performance.

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

     Sec. 241. Periodic studies of election administration issues
       Requires periodic, publicly available studies to promote 
     improvements in election administration and methods of 
     voting.
     Sec. 242. Study, report, and recommendations on best 
         practices for facilitating military and overseas voting
       Requires a study, in consultation with DOD, on best 
     practices for facilitating voting by military and overseas 
     voters.
     Sec. 243. Report on human factor research
       Requires a report, in consultation with NIST, on 
     application of human factors research to voting systems.
     Sec. 244. Study and report on voters who register by mail and 
         use of social security information
       Requires a study of the impact of requirements in Sec. 
     303(b) for first time mail registrants, and a study, in 
     consultation with the Social Security Administration, on 
     using Social Security numbers in election administration.
     Sec. 245. Study and report on electronic voting and the 
         electoral process
       Requires a study of issues associated with the use of 
     electronic communication and Internet technologies in the 
     electoral process.
     Sec. 246. Study and report on free absentee ballot postage
       Requires a study, in consultation with the Postal Service, 
     on a program to waive or reduce postage for absentee ballots.
     Sec. 247. Consultation with Standards Board and Board of 
         Advisors
       Requires the Commission to consult with the Standards Board 
     and Board of Advisors in performing duties under this 
     subtitle.

                    Subtitle D--Election Assistance

                     Part 1--Requirements Payments

     Sec. 251. Requirements payments
       Requires the Commission to make yearly payments to 
     qualifying States to meet the requirements of the Act, 
     including certain retroactive payments, and for other 
     activities to improve election administration.
     Sec. 252. Allocation of funds
       Sets the size of a payment to an amount based on the 
     relative size of the voting-age population, designates a 
     minimum payment, and stipulates that funds can be retained 
     until expended.
     Sec. 253. Condition for receipt of funds
       Requires a State, to be eligible, to certify that it has 
     filed a plan with the Commission meeting the requirements of 
     Sec. 254-256 and a plan for implementing the requirements of 
     Sec. 402, that it will use the funds in a manner consistent 
     with Federal laws, as they apply to this Act, and with title 
     III requirements, and that it has provided a 5% match. Gives 
     States discretion to choose the method of compliance.
     Sec. 254. State plan
       Describes required elements of the State plan and required 
     elements and uses of the State Election Fund. Exempts State 
     and local jurisdictions from legal actions based on 
     information in the plan, except with respect to criminal 
     acts.
     Sec. 255. Process for development and filing of plan; 
         publication by Commission
       Requires the chief State election official to develop the 
     plan through a committee including local election officials 
     and other citizens, and requires the Commission to publish 
     submitted plans in the Federal Register.
     Sec. 256. Requirement for public notice and comment
       Requires a State to provide opportunity for public comments 
     on the State plan and to take them into account in finalizing 
     the plan.
     Sec. 257. Authorization of appropriations
       Authorizes a total of $3 billion for FY2003 through FY2005, 
     to remain available until expended.
     Sec. 258. Reports
       Requires a yearly report by the State on activities 
     conducted with the use of payments under this part.

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

     Sec. 261. Payments to States and units of local government to 
         assure access to disabled voters
       Requires the Secretary of Health and Human Services to make 
     yearly payments to eligible States and local governments to 
     assure access to polling places for individuals

[[Page H7266]]

     with disabilities, including the blind and visually impaired, 
     and to provide them with information on accessibility.
     Sec. 262. Amount of payment
       Requires the Secretary to determine payment amounts. 
     Specifies that payments can be retained until expended.
     Sec. 263. Requirements for eligibility
       Requires a jurisdiction seeking funds to file an 
     application that describes how the payment will be used and 
     provides other required information required by the 
     Secretary. Exempts State and local jurisdictions from legal 
     actions based on information in the application, except with 
     respect to criminal acts.
     Sec. 264. Authorization of appropriations
       Authorizes appropriations totaling $100 million for FY2003 
     through FY2005, to remain available until expended.
     Sec. 265. Reports
       Requires a report by recipients to the Secretary on 
     activities conducted and a yearly report by the Secretary to 
     Congress.

     Part 3--Grants for Research on Voting Technology Improvements

     Sec. 271. Grants for research on voting technology 
         improvements
       Establishes a grant program, to be administered in 
     consultation with NIST, for research and development to 
     improve election systems and technology.
     Sec. 272. Report
       Requires recipients to submit reports to the Commission 
     describing activities under the grant.
     Sec. 273. Authorization of appropriations
       Authorizes appropriations of $20 million for FY2003, to be 
     available until expended.

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

     Sec. 281. Pilot program
       Establishes a grant program, to be administered in 
     consultation with NIST, to test and implement new voting 
     technologies on a trial basis.
       It is the intent of the managers that such pilot programs 
     shall include initiatives with regard to election 
     administration methodologies.
     Sec. 282. Report
       Requires submission of a report to the Commission 
     describing activities under the grant.
     Sec. 283. Authorization of appropriations
       Authorizes appropriations of $10 million for FY2003, to be 
     available until expended.

                Part 5--Protection and Advocacy Systems

     Sec. 291. Payments for protection and advocacy systems
       Requires the Secretary of Health and Human Services to 
     award grants to entities in each State that represent persons 
     with disabilities to provide services to ensure such persons 
     full participation in the electoral process and sets minimum 
     grant amounts as specified in the Rehabilitation Act of 1973. 
     Also provides a 7% set-aside for grants for training and 
     technical assistance.
     Sec. 292. Authorization of appropriations
       Authorizes appropriations of $10 million per year for 
     FY2003 through FY2006 and such sums as necessary in 
     subsequent fiscal years; prohibits recipients from using 
     grant funds for litigation activities involving election-
     related accessibility.

           Part 6--National Student and Parent Mock Election

     Sec. 295. National Student and Parent Mock Election
       Authorizes the Election Assistance Commission to award 
     grants to a nonprofit, nonpartisan organization known as the 
     National Student and Parent Mock Election, to simulate 
     national elections that permit participation by students and 
     parents.
     Sec. 296. Authorization of Appropriations
       Authorizes $200,000 for FY2003 and such sums as necessary 
     in subsequent years.

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

                        Subtitle A--Requirements

     Sec. 301. Voting systems standards
       Beginning January 1, 2006, requires all voting systems used 
     in federal elections, while maintaining voter privacy and 
     ballot confidentiality, to (1) permit voters to verify their 
     selections on the ballot, notify them of overvotes, and 
     permit them to change their votes and correct any errors 
     before casting the ballot; however, jurisdictions using paper 
     ballot, punchcard, or central-count voting systems (including 
     absentee and mail-in ballots) may instead use voter education 
     and instruction programs for notification of overvotes; (2) 
     produce a permanent paper record for the voting system that 
     can be manually audited and is available as an official 
     record for recounts; and (3) provide to individuals with 
     disabilities, including the blind and visually impaired, the 
     same accessibility to voting as other voters, through use of 
     at least one DRE or properly equipped voting system at each 
     polling place; however, any system purchased with funds made 
     available under Title II on or after January 1, 2007 must 
     provide accessibility; (4) provide alternative language 
     accessibility as required by law; and (5) comply with the 
     error rate standards in the federal voting system standards 
     in effect on the date of enactment. Requires each State to 
     adopt uniform standards defining what constitutes a vote and 
     what will be counted as a vote for each certified voting 
     system.
       Stipulates that the above requirements do not compel a 
     jurisdiction to change to a different kind of voting system 
     if the system it uses, including any paper ballot system, 
     meets or can be modified to meet the requirements of this 
     section.
     Sec. 302. Provisional voting and voting information 
         requirements
       Requires that, beginning January 1, 2004, persons who claim 
     to be registered to vote in a federal election in a 
     jurisdiction but are not on the official list of registered 
     voters or are otherwise alleged to be ineligible be offered 
     and permitted to cast a provisional ballot, the ballot be 
     promptly verified and counted if determined to be valid under 
     State law, and the voter (and no one else) be able to 
     ascertain whether the ballot was counted (and if not, why 
     not) through a free-access system and be informed of that 
     option when the ballot is cast. Stipulates that States that 
     do not require voter registration or that are described in 
     section 4(b) of the National Voter Registration Act of 1993 
     (NVRA) may use applicable State law.
       Requires that a sample ballot and other voter information 
     be posted at polling places on election day.
       Requires that, if polling hours are extended as a result of 
     a court order, any ballot cast in a federal election during 
     that extension be provisional and be held separately from 
     other provisional ballots.
     Sec. 303. Computerized Statewide voter registration list 
         requirements and requirements for voters who register by 
         mail
       Beginning January 1, 2004--or 2006 if the State certifies 
     for good cause that it cannot meet that deadline--requires 
     States to implement and maintain an interactive, centralized, 
     and official Statewide computerized voter registration list 
     accessible to all election officials in the State, and that 
     contains registration information on every registered voter 
     in the State. Requires the system to use a unique 
     identification number for each registered voter and to be 
     coordinated with other State databases. Persons can be 
     removed from the list only under applicable provisions of 
     NVRA. Election officials shall perform list maintenance with 
     respect to the computerized list on a regular basis. If 
     individuals are to be removed from the computerized list, 
     they shall be removed in accordance with the provisions of 
     NVRA. Consistent with NVRA, registrants who have not 
     responded to a notice and have not voted in two consecutive 
     general elections for federal office shall be removed from 
     the official list of registered voters except that no 
     registration may be removed solely by reason of failure to 
     vote. Requires applicants to provide a valid driver's license 
     number or, for applicants who do not have a valid driver's 
     license number, the last four digits of the Social Security 
     number. The State shall assign a unique identifier to 
     individuals who do not have a valid driver's license number 
     or a Social Security number. Requires sharing of information 
     between voter registration and motor vehicle authority 
     databases. Amends Sec. 205(r) of the Social Security Act to 
     establish a mechanism for verifying the accuracy of 
     information provided by a State driver's licence agency with 
     respect to applications for voter registration. Requires 
     States to use the mechanism except those that, in accordance 
     with Sec. 7 of the Privacy Act of 1975, use the full Social 
     Security number for voter registration, for whom this 
     provision is optional.
       Beginning January 1, 2003, requires certain voters who 
     register by mail to present identification either when 
     registering or when voting. Applies to persons who have not 
     previously voted in a federal election in the State, or in 
     the jurisdiction if the State does not comply with the 
     requirements for a statewide computerized voter registration 
     list. Accepted identification includes a copy of a current 
     and valid photo identification (the original if voting in 
     person), utility bill, bank statement, or government document 
     that shows the name and address of the voter. Alternatively, 
     the voter may cast a provisional ballot. Does not apply if 
     the mail-in registration includes the voter's name, date of 
     birth, and driver's license number or the last 4 digits of 
     the Social Security number, and they match an existing State 
     identification record. Also does not apply to voters entitled 
     to vote otherwise than in person under federal law.
       Requires that mail-in voter registration forms developed 
     under NVRA include questions requiring voters to verify that 
     they are U.S. citizens and old enough to vote, and requires 
     States to notify voters who fail to complete the question on 
     citizenship and provide the applicant with an opportunity to 
     complete the form prior to the next election for Federal 
     office.
       It is the intent of the managers that such questions should 
     be clearly and conspicuously stated on the front of the 
     registration form.
       Requires States and localities to comply with provisions on 
     mail registration beginning January 1, 2004, except that they 
     must be prepared to receive stipulated mail-in registration 
     materials beginning January 1, 2003.
     Sec. 304. Minimum requirements
       Allows States to establish election technology and 
     administration requirements stricter than those established 
     under this title.

[[Page H7267]]

     Sec. 305. Methods of implementation left to discretion of 
         State
       Gives States discretion to choose the methods of 
     implementation.

                     Subtitle B--Voluntary Guidance

     Sec. 311. Adoption of voluntary guidance by Commission
       Requires the Commission to adopt voluntary guidance to 
     assist States in meeting requirements of subtitle A and to 
     update recommendations adopted with respect to Sec. 301 every 
     four years.
     Sec. 312. Process for adoption
       Requires that the adoption process include public notice, 
     comment, and hearings, and publication of the final 
     recommendations in the Federal Register.

                         TITLE IV--ENFORCEMENT

     Sec. 401. Actions by the Attorney General for declaratory and 
         injunctive relief
       Allows for civil action by the Attorney General to carry 
     out the requirements under Sec. 301-303.
     Sec. 402. Establishment of State-based administrative 
         complaint procedures to remedy grievances
       Requires States receiving funds under this Act to establish 
     and maintain administrative procedures to receive, process, 
     and act upon complaints about violations of provisions in 
     title III. Requires States not receiving funds to either 
     certify that they meet complaint-procedure requirements or to 
     submit a plan describing steps to be taken to meet title III 
     requirements. Such plan, if not approved by the Department of 
     Justice, shall result in the State being deemed to be out of 
     compliance with the requirements.

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

     Sec. 501. Establishment of program
       Requires the Commission to establish the ``Help America 
     Vote College Program'' to encourage students at institutions 
     of higher learning, including community colleges, to serve as 
     nonpartisan poll workers or assistants and to encourage 
     States and local governments to use students in that 
     capacity.
     Sec. 502. Activities under program
       Requires the Commission, in consultation with chief State 
     election officials, to develop materials, sponsor seminars 
     and workshops, advertise the program to students, make 
     grants, assist any institution that wishes to participate, 
     and take other appropriate actions. Limits grants to 
     nonpartisan undertakings and requires the Commission to 
     coordinate with institutions of higher learning and to make 
     materials and assistance available without charge.
     Sec. 503. Authorization of appropriations
       Authorizes appropriations of $5 million for FY2003 and sums 
     as necessary thereafter.

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

     Sec. 601. Help America Vote Foundation
       Amends Part B of subtitle II of 36 U.S.C. to establish the 
     federally chartered Help America Vote Foundation to mobilize 
     secondary school students to participate as nonpartisan poll 
     workers and assistants, to the extent permitted under State 
     law.
       Requires the foundation to act without partisan bias or 
     promotion of any particular point of view and to consult with 
     the chief election officials in the States, the District of 
     Columbia, and Puerto Rico, Guam, American Samoa, and the U.S. 
     Virgin Islands.
       Establishes a 12-member board of directors with four 
     appointed by the President, two by the Speaker of the House 
     of Representatives, two by the House minority leader, two by 
     the Senate majority leader, and two by the Senate minority 
     leader, and with the chairs and ranking Members of the House 
     Administration Committee and the Senate Rules and 
     Administration Committee as ex officio, nonvoting members.
       Sets the term of office at four years and stipulates that 
     members are not employees of the Federal government. 
     Prohibits compensation of board members, but permits payment 
     of travel expenses. Restricts personal liability of members 
     to gross negligence.
       Requires the board to meet at least yearly and to select a 
     member as chair, who shall not hold or have held any partisan 
     elected office or national political-party committee office.
       Permits the board to appoint and remove officers and 
     employees of the foundation and stipulates that they are not 
     employees of the Federal government except as otherwise 
     provided in this chapter.
       Grants the foundation such powers as necessary to carry out 
     this chapter and also the usual powers of a corporation 
     acting as a trustee in the District of Columbia, where the 
     foundation will be located. Requires the foundation to have a 
     designated agent to receive service of process for it.
       Permits the foundation to accept gifts, devises, and 
     bequests for its benefit and to let contracts. Also permits 
     it to sponsor an annual conference to honor persons who have 
     served as poll workers or participated in foundation programs 
     and activities.
       Requires an annual audit by an independent auditor.
       Permits the Attorney General to bring a civil action for 
     relief for behavior by the foundation that is inconsistent 
     with the purposes designated in this title.
       Excludes the U.S. government from any liability or 
     obligation incurred by the foundation.
       Authorizes $5 million for FY2003 and such sums as necessary 
     thereafter.
       Requires a report to the Commission on activities during 
     the prior fiscal year.

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

     Sec. 701. Voting assistance programs
       Amends 10 U.S.C. 1566 to require the Secretary of Defense 
     to establish procedures to provide the time and resources for 
     voting assistance officers to perform voting assistance 
     duties during the period in advance of a general election. 
     Requires the Secretary of Defense, to the maximum extent 
     possible, to implement procedures to ensure that a postmark 
     or other proof of mailing date is provided on each absentee 
     ballot. Requires the secretaries, through voting assistance 
     officers, to provide notice to members of the armed forces of 
     the last date before a general election for which ballots 
     mailed at the facility can be expected to be delivered in a 
     timely fashion to State and local election officials. 
     Requires the secretaries to ensure that members of the 
     military and their dependents have access to information on 
     voter registration and absentee ballot requirements and 
     deadlines. Requires that each person who enlists receive the 
     national voter registration form at the time of enlistment or 
     soon thereafter.
     Sec. 702. Designation of single State office to provide 
         information on registration and absentee ballots for all 
         voters in State
       Amends the Uniformed and Overseas Citizens Absentee Voting 
     Act (UOCAVA) to require each State to designate a single 
     office to provide information to all absent uniformed 
     services voters and overseas voters who wish to register or 
     vote in any jurisdiction in the State.
     Sec. 703. Report on absentee ballots transmitted and received 
         after general elections
       Amends the UOCAVA to require States to submit a public 
     report to the Commission on the number of absentee ballots 
     transmitted to absent uniformed services and overseas voters 
     and the number returned and cast in the election, and 
     requires the Commission to develop a standardized format for 
     such reports.
     Sec. 704. Extension of period covered by single absentee 
         ballot application
       Amends UOCAVA to require that an absentee ballot 
     application pertain to all elections for Federal office held 
     in the State through the next two regularly scheduled Federal 
     general elections.
     Sec. 705. Additional duties of Presidential designee under 
         Uniformed and Overseas Citizens Absentee Voting Act
       Amends UOCAVA to require the Presidential designee to 
     ensure that State officials are aware of the requirements of 
     that Act, and to prescribe a standard oath regarding perjury 
     in completion of a document required under the title. 
     Requires States to use the standard oath if the State 
     requires an oath or affirmation for any voting document.
     Sec. 706. Prohibition of refusal of voter registration and 
         absentee ballot applications on grounds of early 
         submission
       Amends UOCAVA to prevent States from refusing to accept or 
     process a valid voter registration or absentee ballot 
     application submitted by an absent uniformed services voter 
     on the grounds that the application was submitted before the 
     first date on which the State accepts or processes such 
     application for that year.
     Sec. 707. Other requirements to promote participation of 
         overseas and absent uniformed services voters
       Amends section 102 of UOCAVA to require a state to provide 
     to each absent uniformed services voter or overseas voter the 
     reason for rejecting an absentee ballot or voter registration 
     application.

                   TITLE VIII--TRANSITION PROVISIONS

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

     Sec. 801. Federal Election Campaign Act of 1971
       Amends section 311(a) of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 438(a)) and transfers to the Commission all 
     functions of the Office of Election Administration of the 
     Federal Election Commission.
     Sec. 802. National Voter Registration Act of 1993
       Amends section 9(a) of the National Voter Registration Act 
     of 1993 (42 U.S.C. 1973gg-7(a)) and transfers to the 
     Commission all functions that the Federal Election Commission 
     exercises under the National Voter Registration Act.
     Sec. 803. Transfer of property, records, and personnel
       Transfers to the Commission all personnel, contracts, 
     liabilities, records, property, and other assets or interests 
     of the offices and functions of the Federal Election 
     Commission that are transferred by this subtitle.
     Sec. 804. Effective date; transition
       Requires that this title take effect upon the appointment 
     of all members of the Commission, which is authorized to 
     utilize services from the entities from which functions will 
     be transferred as needed for an orderly transfer. Directs the 
     Office of Election Administration of the Federal Election to 
     continue its functions in the interim.

[[Page H7268]]

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

     Sec. 811. Treatment of Commission personnel under certain 
         civil service laws
       Amends 5 U.S.C. 7323(b)(2)(B)(i)(I) and 3132(a)(1)(C) to 
     specify that Commission personnel are covered by the Hatch 
     Act and that the Commission is excluded from the Senior 
     Executive Service.
     Sec. 812. Coverage under Inspector General Act of 1978
       Amends section 8G(a)(2) of the Inspector General Act of 
     1978 (5 U.S.C. App.) to provide for coverage under that Act.

                   TITLE IX--MISCELLANEOUS PROVISIONS

     Sec. 901. State defined
       Defines State to include the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, and the 
     United States Virgin Islands.
     Sec. 902. Audits and repayment of funds
       Requires recipients of grants or payments under the Act to 
     keep records consistent with sound accounting principles to 
     facilitate an effective audit. Authorizes each office that 
     makes a grant or payment to audit or examine books, 
     documents, papers and records of any recipient which are 
     deemed pertinent to the grant or payment. Stipulates that the 
     provision applies to all recipients of grants or payments 
     under the Act. Requires that all funds provided under the Act 
     are subject to mandatory audit by the Comptroller General at 
     least once during the lifetime of the program, with the same 
     access to records as the grant-making office. Stipulates that 
     the Election Administration Commission is deemed the office 
     making the grant with respect to General Services grants or 
     payments. Requires that, if the Comptroller General 
     determines that an excess payment has been made or the 
     recipient is not in compliance, the recipient must pay the 
     grant-making office an amount that reflects the excess 
     payment or the proportion representing noncompliance.
     Sec. 903. Clarification of ability of election officials to 
         remove registrants from official list of voters on 
         grounds of change of residence
       Amends the National Voter Registration Act of 1993 to 
     clarify the ability of election officials to remove from the 
     voter registration list the name of an individual who has not 
     responded to a notice from the registrar of voters and who 
     has not voted in two or more consecutive general elections 
     for Federal office.
       The minimum standard requires that removal of those deemed 
     ineligible must be done in a manner consistent with the 
     National Voter Registration Act (NVRA). The procedures 
     established by NVRA that guard against removal of eligible 
     registrants remain in effect under this Act. Accordingly, 
     H.R. 3295 leaves NVRA intact, and does not undermine it in 
     any way.
     Sec. 904. Review and report on adequacy of existing electoral 
         fraud statutes and penalties
       Requires the Attorney General to conduct a review of 
     existing criminal statutes to determine whether additional 
     statutory offenses are needed to secure the use of the 
     Internet in elections and whether existing penalties are 
     adequate with respect to such offenses. Requires the Attorney 
     General to submit a report on that review to the House and 
     Senate Judiciary Committees, the Senate Rules and 
     Administration Committee, and the House Administration 
     Committee.
     Sec. 905. Other criminal penalties
       Stipulates that individuals who provide false information 
     with respect to registering to vote or voting, or conspire to 
     provide such false information, will be fined, imprisoned, or 
     both in accordance with 42 U.S.C.1973i(c).
     Sec. 906. No effect on other laws
       Stipulates that nothing in the Act, except as specifically 
     provided in section 303(b), authorizes or requires conduct 
     prohibited by the Voting Rights Act of 1965, the Voting 
     Accessibility for the Elderly and Handicapped Act, the 
     Uniformed and Overseas Citizens Absentee Voting Act, the 
     National Voter Registration Act of 1993, the Americans With 
     Disabilities Act of 1990, or the Rehabilitation Act of 1973; 
     or may be construed to supersede, restrict, or limit those 
     Acts.

     From the Committee on House Administration, for consideration 
     of the House bill and the Senate amendments, and 
     modifications committed to conference:
     Robert Ney,
     Vernon J. Ehlers,
     John T. Doolittle,
     Thomas M. Reynolds,
     Steny H. Hoyer,
     Chaka Fattah,
     Jim Davis,
     From the Committee on Armed Services, for consideration of 
     secs. 601 and 606 of the House bill, and sec. 404 of the 
     Senate amendments, and modifications committed to conference:
     Bob Stump,
     John M. McHugh,
     Ike Skelton,
     From the Committee on the Judiciary, for consideration of 
     secs. 216, 221, title IV, secs. 502 and 503 of the House 
     bill, and secs. 101, 102, 104, subtitles A, B, and C of title 
     II, secs. 311, 501, and 502 of the Senate amendments, and 
     modifications committed to conference:
     John Conyers, Jr.,
     From the Committee on Science, for consideration of secs. 
     221-5, 241-3, 251-3, and 261 of the House bill, and sec. 101 
     of the Senate amendments, and modifications committed to 
     conference:
     Sherwood Boehlert,
     Constance Morella,
     Jim Barcia
       (Provided that Ms. Jackson-Lee of Texas is appointed in 
     lieu of Mr. Barcia for consideration of secs. 251-3 of the 
     House bill, and modifications committed to conference),
     Sheila Jackson-Lee,
     From the Committee on Ways and Means, for consideration of 
     secs. 103 and 503 of the Senate amendments, and modifications 
     committed to conference:
     William Thomas,
     E. Clay Shaw, Jr.,
     Charles B. Rangel,
     For consideration of the House bill and Senate amendments, 
     and modifications committed to conference:
     Roy Blunt,
                                Managers on the Part of the House.

     Christopher J. Dodd,
     Richard J. Durbin,
     Mitch McConnell,
     Christopher S. Bond,
     Managers on the Part of the Senate.

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