[Congressional Record Volume 148, Number 133 (Thursday, October 10, 2002)]
[House]
[Pages H7836-H7854]
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. Mr. Speaker, pursuant to the order of the House of October 
9, 2002, I call up the conference report 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.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to the order of House of Wednesday, 
October 9, 2002, the conference report is considered as having been 
read.
  (For conference report and statement, see proceedings of the House of 
October 8, 2002, at page H 7247.)
  The SPEAKER pro tempore. The gentleman from Ohio (Mr. Ney) and the 
gentleman from Maryland (Mr. Hoyer) each will control 30 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Ney).


                             General Leave

  Mr. NEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 3295.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this has been a long, winding process that is about to 
conclude tonight, in what I think is going to be known as one of the 
most important votes that any Member of this body can cast, not only 
for this session but for the future, for decades to come, of the future 
of the voting process for the citizens of the United States.

[[Page H7837]]

  I am pleased to present to the House the conference report for H.R. 
3295, the Help America Vote Act of 2002. This legislation will have a 
profound and positive impact on the way we conduct Federal elections in 
this country. At the heart of the bill are some fundamental principles:
  One, that every eligible citizen shall have the right to vote.
  Two, that no legal vote will be canceled by an illegal vote.
  Three, that every vote will be counted equally and fairly, according 
to the law.
  When this legislation goes into effect, the voting citizens in this 
country will have the right to a provisional ballot, so no voter will 
be turned away from a polling place, no voter will be disenfranchised, 
just because their name does not appear on a registration list.
  Henceforth, instead of simply being told to go home, the voters will 
be able to cast a provisional ballot which will be counted according to 
State law.
  Voters will now also be able to have the opportunity to check for 
errors and verify the accuracy of their ballot in privacy before it is 
cast. No more will voters have to wonder if their vote was properly 
recorded or not. By guaranteeing them the right to verify the accuracy 
of their ballot in privacy, voters will be able to leave the polling 
place confident and certain that their vote was cast and counted in 
complete secrecy as they intended it to be.
  This bill contains tremendous advances for individuals with 
disabilities. This legislation requires that every polling place in the 
country have at least one voting system that is accessible to the 
disabled, meaning individuals with disabilities, including the blind 
and visually impaired. They will now have the right to cast a secret 
and secure ballot in the same manner as all other Americans do.
  No longer will individuals with disabilities have to rely on an 
assistant, or compromise the secrecy of their ballot. They will be able 
to vote in a private and independent manner, the same way all their 
fellow citizens do, many for the first time in their lives.
  The legislation establishes a maximum error rate for voting system 
performance. This error rate is a measure of the performance of voting 
system prototypes under laboratory conditions to determine that the 
system counts votes accurately in accordance with national standards 
stands in Section 3.2.1 of the Voting System Standards adopted by the 
FEC.
  I will include Section 3.2.1. for the record.
  At the heart of our elections system is the process of how we 
maintain our records on who is eligible to vote. Currently, thousands 
of election jurisdictions across the country manage these records 
independently. Some employ the latest technologies and database 
management techniques to ensure accuracy and reliability. Others need 
improvement.
  This bill will require each State to develop a Statewide registration 
system. These systems will modernize, centralize and improve current 
methods for ensuring the accuracy of registration lists.
  The current system in many States creates inefficiencies and 
duplications, as voters often move from one jurisdiction to another 
within a State without notifying the jurisdiction that they used to 
live in before they made the move. The result is that a single 
individual may appear on more than one registration list in a State.
  These Statewide systems will make it possible for States to more 
effectively maintain voter registration information, as they should. 
States will have more accurate systems to protect voters from being 
mistakenly removed from the list, while ensuring that costly duplicates 
that invite voter fraud are quickly removed.
  The lists maintained by the State will be the official list used to 
determine who is registered to vote on Election Day. Uniformity and 
integrity in the system will be assured as local election jurisdictions 
will no longer be able to maintain separate lists.
  This bill contains important new guarantees for military and overseas 
voters. Military voters will be guaranteed assistance and information 
that they need from the Department of Defense so they can complete and 
return their ballots on time. The military is required to mark all 
ballots so it can be determined when they were mailed, so no valid 
military ballot will be rejected for lack of a postmark. All enlistees 
will receive a voter registration form upon enlistment. We all know how 
important that is for those who are serving their country and laying 
their lives on the line.

  State election officials must establish a single office where 
military and overseas voters can get information on how to vote in that 
State. For the first time, they will be required to accept ballots 
mailed early from military personnel whose duties, for example, on a 
submarine, may prevent them from mailing ballots on a date close to the 
election. For the first time, we will have a report on the number of 
applications received and absentee ballots sent out to military and 
overseas voters, together with the number of those ballots that have 
been returned. Studies of these numbers may help us determine how to 
future improve participation and turnout among those voters.
  Our election system is dependent on tens of thousands of election 
officials and 1.5 million volunteer poll workers in over 7,000 
jurisdictions serving over 150 million voters across this great 
country. In the general election for Federal office, all of these 
people come together during a 24-hour period to chose our leaders. It 
is an incredibly complicated process that must be choreographed 
precisely to ensure its success. This means that education and training 
is critical to the success of our elections system. This legislation 
provides needed funds to complete that task across the United States.
  A provision in this package that has been the subject, frankly, of 
some controversy is the voter ID provision that was included in the 
Senate-passed bill and is included in this conference report.
  I want to emphasize this provision does not require voters to present 
an actual photo ID. In recognition of the fact that some citizens do 
not have such an ID, the bill allows a voter a number of options to 
identify themselves, including a bank statement, utility bill or 
government check. The provision applies only to first-time voters who 
register by mail. Language has been added to ensure it will be 
administered in a uniform and non-discriminatory manner, Mr. Speaker.
  The voter ID provision is very important and will go a long way 
toward enhancing the integrity of our election process. People should 
not be permitted to register by mail and then vote by mail without ever 
having to demonstrate in some fashion they are the actual human being 
who is eligible to vote. I think this is at least the minimal we can 
ask.
  This provision will help to end the practice of ghost voting, whereby 
people who do not exist are miraculously somehow able to vote. We 
should all keep in mind that a person whose vote is canceled out by an 
illegal vote has been disenfranchised every bit as much as an 
individual who has simply also been turned away from the polls. In 
either case, that is not the correct thing to do. This ID provision 
will protect against fraud of this type, and I am glad the conference 
saw fit to include it in the package.
  Mr. Speaker, the election that took place in November of 2000 
demonstrated there are serious problems in our election system. While 
the initial attention was focused on Florida, we have all learned over 
the past 2 years that the problems encountered were not unique but in 
fact were widespread. We just simply did not know it because there was 
not an election of the magnitude of the presidential that brought all 
of this to light through the national media.
  While the problems varied from State to State, one common problem was 
a failure to devote sufficient resources to election infrastructure. 
Not surprising, when State and local officials are faced with the 
decision of how to spend their limited resources and have to choose 
between things citizens use every day, like roads and schools, or spend 
it on equipment that might get used only a couple of times a year, like 
election equipment, the latter has often come up short; and this bill 
will help to solve that.
  This lack of resources has left States with old and unreliable voting 
equipment, inadequate training and education of voters and poll workers 
and, frankly, poor registration systems.

[[Page H7838]]

                              {time}  2045

  While State and local governments have been charged with the 
responsibility of running elections for Federal office, they have 
simply received no assistance from the Federal Government. This bill 
changes that.
  It is time for the Federal Government to provide some funding to make 
sure that the world's greatest democracy has an election system it can 
have pride and confidence in. And remember, when we take our thoughts 
of democracy across the waters and we try to monitor elections, we have 
to have our own house in order so that we have the confidence that 
other countries will see that our system is the best it can be.
  The Help America Vote Act will provide Federal financial assistance 
to the tune of $3.9 billion in authorized funding over the next 3 
years. We can no longer ask State and local governments to bear all of 
the expense without any assistance from us.
  I would also note that according to figures from the Congressional 
Research Service and the State Department, the United States has spent 
more than $3 billion over the past 7 years to promote democracy abroad. 
I support that; I think we need to be promoting democracy in other 
countries. I just believe we need to start spending some Federal 
dollars to bolster our own democracy here at home.
  I would also note that meeting the requirements of this act will not 
be cheap. If we want and expect State and local governments to meet the 
requirements we are imposing on them, we will have to provide the 
funding that will make it possible for them to do so. If we do not, we 
have done nothing more than pass another unfunded mandate to the 
States, and we do not want to do that. This bill will cause States and 
localities to fundamentally restructure their election systems in a 
host of tremendous ways. We need to provide the funding to make sure 
that happens.
  In addition to the funding it provides, the bill will assist the 
States with their election administration problems by creating a new 
Federal election assistance commission. This independent, bipartisan 
entity will be responsible for providing advice, guidance, and 
assistance to the States. It will act as a clearinghouse for 
information and make recommendations on best practices.
  I want to stress that the name of the commission, the Election 
Assistance Commission, is not an accident. The commission's purpose is 
to assist States with solving their problems. It is not meant and does 
not have the power to dictate to States how to run their elections. 
This will not be a bill where Washington, D.C. turns around and says, 
this is the way you do it. It will not have rulemaking authority. The 
fundamental premise of the legislation on the commission was to have no 
rulemaking authority, and it cannot impose its will on the States; but 
I have to tell my colleagues, it has a heart to this commission, and it 
has the ability to make changes.
  This commission was an important point the gentleman from Maryland 
(Mr. Hoyer) and I talked about when we devised the Ney-Hoyer bill, 
because we wanted to make sure it worked for local governments and we 
wanted to make sure that this would be carried out.
  Historically, elections in this country have been administered at the 
State and local level. This system has had many benefits that have to 
be preserved. The dispersal responsibility for election administration 
has made it impossible for a single centrally controlled authority to 
dictate how elections will be run and thereby be able to control the 
outcome. This leaves the power of responsibility for running elections 
right where it needs to be: in the hands of the citizens of this 
country. Local control has the further added benefits of allowing for 
flexibility so that local authorities can tailor their procedures to 
meet demands and unique community needs.
  Further, by leaving the responsibility for election administration in 
the hands of local authorities, if a problem arises, the citizens who 
live within their jurisdictions know whom to hold accountable. The 
local authorities who bear the responsibility cannot now and not in the 
future be able to point the finger of blame at some distant, 
unaccountable, centralized bureaucracy.
  By necessity, elections must occur at the State and local level. One-
size-fits-all solutions do not work and only lead to inefficiencies. 
States and locales must retain the power and the flexibility to tailor 
solutions to their own unique problems. This legislation will pose 
certain basic requirements that all jurisdictions will have to meet, 
but they will retain the flexibility to meet the requirements in the 
most effective manner.
  State and local officials from every State in America will have a 
voice on this commission. While the commissioners will have expertise 
and experience with election issues and administration, they can still 
benefit from the advice and council of those who are on the ground, 
running elections around this country. State and local election 
officials in each State will ultimately bear the responsibility for 
carrying out the commission's recommendations so their voices must be 
heard as these guidelines and recommendations and best practices are 
developed.
  The Help America Vote Act strikes the appropriate balance between 
local and Federal involvement. It provides for Federal assistance, 
acknowledging the responsibility we share to ensure that the elections 
that send all of us to Washington are conducted properly, without 
concentrating power in Washington in a manner that will prove at best 
ineffective, and at worst dangerous.
  This conference report has received the support of a very diverse 
group of organizations that care about how elections are run in this 
country. I would like to introduce into the Record the statements of 
support from the following organizations: the National Commission on 
Federal Election Reform (Ford-Carter Commission), National Conference 
of State Legislatures, National Association of Secretaries of State, 
National Association of Counties, The Election Center, National 
Federation of the Blind, Common Cause, National Association of State 
Election Directors, United Auto Workers, AFL-CIO, NAACP, American 
Foundation for the Blind, National Association of Protection Advocacy 
Systems, and United Cerebral Palsy Association.
  Mr. Speaker, let me also say that I have presented the thrust of the 
bill, I have presented the heart of the bill. We have a couple of 
speakers, and then I am going to conclude by also telling how this bill 
got here.

[Media release from the National Commission on Federal Election Reform]

Former Presidents Ford and Carter Welcome the Agreement Reached by the 
                Congress on Election Reform Legislation

       Oct. 4, 2002.--Today, former Presidents Gerald R. Ford and 
     Jimmy Carter, along with Lloyd Cutler and Bob Michel, co-
     chairs of the National Commission on Federal Election Reform, 
     welcomed the bipartisan agreement struck by the House and 
     Senate Conference Committee on a bill to reform federal 
     elections.
       ``The bill represents a delicate balance of shared 
     responsibilities between levels of government,'' Ford and 
     Carter said. ``This comprehensive bill can ensure that 
     America's electoral system will again be a source of national 
     pride and a model to all the world.'' Indeed, all four of the 
     co-chairs share the belief of Congressman John Lewis (D-GA) 
     and others that, if passed by both Houses and signed by 
     President Bush, this legislation can provide the most 
     meaningful improvements in voting safeguards since the civil 
     rights laws of the 1960s.
       For more information on the National Commission on Federal 
     Election Reform, please contact Ryan Coonerty at 202-321-8862 
     or Margaret Edwards at 434-466-3587.
                                  ____

                                               National Conference


                                        of State Legislatures,

                                  Washington, DC, October 7, 2002.
     Hon. Robert Byrd,
     Chairman, Senate Appropriations Committee, Capitol Building, 
         Washington, DC.
     Hon. Bill Young,
     Chairman, House Appropriations Committee, Capitol Building, 
         Washington, DC.
       Dear Chairmen Byrd and Young: On behalf of the nation's 
     state legislators, we urge to make reform of our nation's 
     election processes a reality by providing sufficient funding 
     to implement H.R. 3295. The conference agreement announced 
     today will provide an effective means for states and counties 
     to update their election processes without federalizing 
     election administration. NCSL worked closely with the 
     conferees in the development of this legislation and is 
     satisfied that it keeps election administration at the state 
     and local level, limits the role of the U.S. Justice 
     Department to enforcement, does not create a federal private 
     right of action, and establishes an advisory commission that 
     will include two state legislators

[[Page H7839]]

     to assist with implementation. NCSL commends the conferees 
     for their work on this landmark legislation and is committed 
     to implementing the provisions of H.R. 3295 to ensure every 
     voter's right to a fair and accurate election.
       To ensure proper implementation and avoid imposing 
     expensive unfunded mandates on the states, it is critical 
     that the federal government immediately deliver sufficient 
     funding for states to implement the requirements of this 
     bill. Neither of the existing versions of appropriations 
     legislation provides sufficient funding for election reform. 
     We urge you to fully fund H.R. 3295 at the authorized level 
     of $2.16 billion for FY 2003.
       The Congressional Budget Office has estimated that it may 
     cost states up to $3.19 billion in one-time costs to begin 
     implementing the provisions of this legislation. In this 
     current fiscal environment, it will be extraordinarily 
     difficult for states to implement the minimum standards in 
     the bill without immediate federal financial support. States 
     are already facing budget shortfalls for FY 2003 of 
     approximately $58 billion. Thirteen states have reported 
     budget gaps in excess of 10 percent of their general fund 
     budgets. To satisfy their balanced budget requirements, 
     states are being forced to draw down their reserves, cut 
     budgets, and even raise taxes.
       We look forward to working with you to keep the commitment 
     of the states and the federal government to implementing H.R. 
     3295. If we can be of assistance in this or any other matter, 
     please contact Susan Parnas Frederick (202-624-3566; 
     [email protected]) or Alysoun McLaughlin (202-624-
     8691; [email protected]) in NCSL's state-federal 
     relations office in Washington, D.C.
           Sincerely,
     Senator Angela Z. Monson, Oklahoma,
       President, NSCL.
     Speaker, Martin R. Stephens, Utah,
       President-elect, NCSI.
                                  ____

                                              National Association


                                      of Secretaries of State,

                                  Washington, DC, October 9, 2002.
     Committee on House Administration,
     Longworth Building,
     Washington, DC.
       Dear Chairman Ney and Ranking Member Hoyer: The National 
     Association of Secretaries of State (NASS) congratulates you 
     on the completion of H.R. 3295, the ``Help America Vote 
     Act.'' The bill is a landmark piece of bipartisan 
     legislation, and we want to express our sincere thanks for 
     your leadership during the conference negotiations. We also 
     commend your Senate colleagues: Senators Chris Dodd, Mitch 
     McConnell and Kit Bond.
       The nation's secretaries of state, particularly those who 
     serve as chief state election officials, consider this bill 
     an opportunity to reinvigorate the election reform process. 
     The ``Help America Vote Act'' serves as a federal response 
     that stretches across party lines and provides a substantial 
     infusion of federal money to help purchase new voting 
     equipment and improve the legal, administrative and 
     educational aspects of elections. In fact, our association 
     endorsed the original draft of H.R. 3295 in November 2001.
       Specifically, the National Association of State (NASS) is 
     confident that passage of the final version of H.R. 3295 will 
     authorize significant funding to help states achieve the 
     following reforms:
       Upgrades to, or replacement of, voting equipment and 
     related technology;
       Creation of statewide voter registration databases to 
     manage and update voter registration rolls;
       Improvement of poll worker training programs and new 
     resources to recruit more poll workers throughout the states;
       Increases in the quality and scope of voter education 
     programs in the states and localities;
       Improvement of ballot review procedures, whereby voters 
     would be allowed to review ballots and correct errors before 
     casting their votes;
       Improved access for voters with physical disabilities, who 
     will be allowed to vote privately and independently for the 
     first time in many states and localities;
       Creation of provisional ballots for voters who are not 
     listed on registration rolls, but claim to be registered and 
     qualified to vote.
       We want to make sure the states will get the funding levels 
     they've been promised, and that Congress will provide 
     adequate time to enact the most substantial reforms. Please 
     be assured that the nation's secretaries of state are ready 
     to move forward once Congress passes H.R. 3295 and the 
     President signs it.
       If we can be of further assistance to you, your staff 
     members, or your colleagues in the U.S. House of 
     Representatives, please contact our office at (202) 624-3525.
           Best regards,

                                                 Dan Gwadosky,

                                                   NASS President,
     Maine Secretary of State.
                                  ____



                             National Association of Counties,

                                  Washington, DC, October 9, 2002.
     Hon. Bob Ney,
     Chairman, House Administration Committee, House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.
     Hon. Steny Hoyer,
     Ranking Democrat, House Administration Committee, House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.
       Dear Chairman Ney and Representative Hoyer: We would like 
     to congratulate you and thank you for your leadership, 
     perseverance and hard work in reaching agreement in the 
     House-Senate conference on the ``Help America Vote Act of 
     2002.'' We believe the final bill is a balanced approach to 
     reforming election laws and practices and to providing 
     resources to help counties and states in improving and 
     upgrading voting equipment. The National Association of 
     Counties supports H.R. 3295 as it was approved by the House-
     Senate conference Committee.
       We are very concerned about Congress providing the funds to 
     implement the new law. While there is much confusion at this 
     time about the appropriation process for FY2003, we strongly 
     urge the leadership of the House and Senate and President 
     Bush to support inclusion of $2.16 billion in a continuing 
     resolution. This is the amount authorized for FY2003 by the 
     ``Help America Vote Act.'' We believe that funding and 
     improving voting practices in the United States is as 
     important as our efforts to strengthen homeland security.
       Thank you again for your continuing efforts to fund and 
     implement this new law.
           Sincerely,
                                                   Larry E. Naake,
     Executive Director.
                                  ____



                                              Election Center,

                                     Houston, TX, October 8, 2002.
     Hon. Robert Ney,
     Hon. Steny Hoyer,
     Hon. Christopher Dodd,
     Hon. Mitch McConnell,
     House Administration Committee and Senate Rules Committee, 
         Washington, DC.
       Congressmen Ney and Hoyer and Senators Dodd and McConnell: 
     On behalf of the elections community of America, I want to 
     congratulate each of you for accomplishing what grizzled 
     veterans said could not be done: you have produced bi-
     partisan legislation that will help America cure the worst of 
     the problems discovered in Election 2000.
       The Election Center neither supports nor opposes 
     legislation--our members nationwide will do that on their 
     own--but we can state what we believe the impact of the 
     legislation will do for American elections.
       This bill is not perfect. Few pieces of legislation that 
     deal with complex issues are. And I know that there have been 
     public comments from some quarters that they dislike 
     provisions contained in the legislation. I hope that we all 
     can remember that agreements between the two parties are hard 
     to satisfy when we talk about something as fundamental as the 
     democratic process.
       As leaders of the committees of jurisdiction in the U.S. 
     House and the U.S. Senate you have fashioned legislation 
     which does, however, address many of the serious problems 
     discovered in Election 2000. You have found methods which 
     reach and solve many of the real problems and provides a role 
     for each level of government. Real progress is offered in 
     your legislation in assuring Americans that they will be able 
     to go exercise their right to vote and have those votes 
     counted.
       Finding the right balance of voter protections, integrity 
     of the process, and yet not upsetting the ability of states 
     and local governments to maintain responsibility for this 
     process has not been an easy task. You have managed to reach 
     consensus that protects the rights of minorities, extends new 
     services to the blind and disabled, to military and overseas 
     voters, and allows the states to help rebuild the 
     infrastructure of elections. The months of delay waiting on 
     bi-partisan legislation have developed a true compromise 
     bill. While perfection may not have been reached, it is a 
     good compromise for our democracy.
       Congratulations on a job well done. This is responsible 
     legislation.
           Sincerely,
                                                    R. Doug Lewis,
     Executive Director.
                                  ____

                                               National Federation


                                                 of the Blind,

                                   Baltimore, MD, October 9, 2002.
     Hon. Robert Ney,
     Chairman,
     Hon. Steny H. Hoyer,
     Ranking Minority Member,
     Committee on House Administration, House of Representatives, 
         Washington, DC
       Dear Mr. Chairman and Congressman Hoyer: I am writing to 
     express the strong support of the National Federation of the 
     Blind (NFB) for the Help America Vote Act of 2002. Thanks to 
     your efforts and strong bipartisan support, this legislation 
     includes provisions designed to guarantee that all blind 
     persons will have equal access to voting procedures and 
     technology. We particularly endorse the standard set for 
     blind people to be able to vote privately and independently 
     at each polling place throughout the United States.
       While the 2000 election demonstrated significant problems 
     with our electoral system, consensus regarding the solution 
     proved to be much more difficult to find. Part of that 
     solution will now include installation of up-to-date 
     technology for voting throughout the United States. This 
     means that voting technology will change, and devices 
     purchased now will set the pattern for decades to come.
       With more than 50,000 members representing every state, the 
     District of Columbia, and Puerto Rico, the NFB is the largest 
     organization of blind people in the United States. As such we 
     know about blindness

[[Page H7840]]

     from our own experience. The right to vote and cast a truly 
     secret ballot is one of our highest priorities, and modern 
     technology can now support this goal. For that reason, we 
     strongly support the Help America Vote Act of 2002 and 
     appreciate your efforts to enact this legislation.
           Sincerely,
                                                     James Gashel,
     Director of Governmental Affairs.
                                  ____


        Common Cause President Praises Election Reform Agreement

       Statement by Scott Harshbarger, president and chief 
     executive officer of Common Cause, on the conference 
     agreement on the election reform bill:
       ``The Help America Vote Act of 2002 is, as Senator 
     Christopher Dodd (D-CT) has said, the first major piece of 
     civil rights legislation in the 21st century. Nearly two 
     years after we all learned that our system of voting had 
     serious flaws, Congress will pass these unprecedented 
     reforms.
       ``For the first time, the federal government has set high 
     standards for state election officials to follow, while 
     authorizing grants to help them comply. Billions of dollars 
     will be spent to across the country improve election systems.
       ``This bill, while not perfect, will make those systems 
     better. Registration lists will be more accurate. Voting 
     machines will be modernized. Provisional ballots will be 
     given to voters who encounter problems at the polling place. 
     Students will be trained as poll workers.
       ``As Common Cause knows from a seven-year fight to pass 
     campaign finance reform, compromise often comes slowly. We 
     thank the bill's sponsors, Senators Dodd, Mitch McConnell (R-
     KY), Christopher Bond (R-MO), and Representatives Robert Ney 
     (R-OH) and Steny Hoyer (D-MD) for their work. Their 
     persistence--even when negotiations bogged down--brought this 
     bill through.
       ``After the President signs this bill, states will need to 
     act. Implementing this bill will require state legislatures 
     to change laws, election officials to adopt new practices, 
     polling places to alter their procedures, and poll workers to 
     be retrained.
       ``These far-reaching changes will not come easily. The 
     bill's enforcement provisions are not as strong as the 1993 
     Motor Voter law or the 1965 Voter Rights Act. Some states may 
     lag behind and fail to implement these changes properly; some 
     polling places will experience problems like in Florida this 
     year; others may have problems implementing the new 
     identification provisions.
       ``Common Cause and our state chapters will work with civil 
     rights groups and others to ensure that states fully and 
     fairly implement the new requirements. We will help serve as 
     the voters' watchdogs: citizen vigilance can protect voters 
     from non-compliant states.
       ``Voters can now look forward to marked improvements at the 
     polls in the years ahead, thanks to the bipartisan leadership 
     of the bill's sponsors.''
                                  ____

                                           National Association of


                                     State Election Directors,

                                                 October 10, 2002.
     Hon. Bob Ney,
     Hon. Steny Hoyer,
     House Administration Committee, Longworth House Office 
         Building, Washington, DC.
       Dear Congressmen Ney and Hoyer: The National Association of 
     State Election Directors (NASED) congratulates you on the 
     successful completion of the final conference report on H.R. 
     3295. This initiative will significantly affect the manner in 
     which elections are conducted in the United States. On 
     balance, H.R. 3295 represents improvements to the 
     administration of elections. As administrators of elections 
     in each state we express our appreciation to you and your 
     staff for providing us access to the process and reaching out 
     to seek our views and positions on how to efficiently and 
     effectively administer elections.
       As with all election legislation, H.R. 3295 is a compromise 
     package, which places new challenges and opportunities before 
     state and local election officials. We stand ready to 
     implement H.R. 3295 once it is passed by Congress and signed 
     into law by the President. Implementation of this bill will 
     be impossible without the full $3.9 billion appropriation 
     that is authorized. The success of this bold congressional 
     initiative rests in large measure upon the appropriation of 
     sufficient funds to bring the bill's objectives to reality.
       We found the bipartisan approach to this legislation 
     refreshing and beneficial. Thank you again for including 
     NASED in the congressional consideration of the bill.
       If we can be of further assistance, please contact our 
     office at (202) 624-5460.
           Sincerely,
                                                   Brook Thompson,
     President.
                                  ____

         International Union, United Automobile, Aerospace & 
           Agricultural Implement Workers of America,
                                  Washington, DC, October 8, 2002.
       Dear Senator Dodd: This week the Senate may take up the 
     conference report on the election reform legislation (H.R. 
     3295, the Help America Vote Act). The UAW supports this 
     important legislation and urges you to vote for this 
     conference report.
       In our judgment, the conference report on H.R. 3295 will 
     make significant improvements in our nation's election 
     system. In particular, this legislation will require the 
     states to allow registered individuals to cast provisional 
     ballots if their names are mistakenly excluded from voter 
     registration lists at their polling places. It also requires 
     the states to ensure that voting machines allow voters to 
     verify and correct their votes before casting them. And it 
     requires the states to develop centralized, statewide voter 
     registration lists to ensure the accuracy of their voter 
     registration records. The legislation authorizes substantial 
     new federal funding to help the states implement these 
     reforms.
       The UAW urges Congress to closely monitor progress by the 
     states and federal government in implementing the provisions 
     of this legislation. We believe it is especially important to 
     make sure that the voter identification requirements are not 
     implemented in a manner that disenfranchises or discriminates 
     against any group of voters.
       Thank you for considering our views on this important 
     legislation to reform our nation's election system.
           Sincerely,
                                                     Alan Reuther,
     Legislative Director.
                                  ____

         American Federation of Labor and Congress of Industrial 
           Organizations,
                                  Washington, DC, October 8, 2002.
       Dear Senator: The AFL-CIO supports the conference report on 
     H.R. 3295, the Help America Vote Act.
       This conference report will help improve our nation's 
     election system in several important ways. It will allow 
     registered individuals to cast provisional ballots even if 
     their names are mistakenly excluded from voter registration 
     lists at their polling places. It will require states to 
     develop centralized, statewide voter registration lists to 
     ensure the accuracy of their voter registration records. It 
     will also require states to provide at least one voting 
     machine per polling place that is accessible to the disabled 
     and ensure that their voting machines allow voters to verify 
     and correct their votes before casting them.
       Since the actual number of individuals enfranchised or 
     disenfranchised by the conference report on H.R. 3295 will 
     depend on how the states and the federal government implement 
     its provisions, the AFL-CIO will closely monitor the progress 
     of this new law--especially its voter identification 
     requirements. We will also increase our voter education 
     efforts to ensure that individuals know and understand their 
     new rights and responsibilities.
           Sincerely,

                                               William Samuel,

                                                         Director,
     Department of Legislation.
                                  ____

                                      National Association for the


                                Advancement of Colored People,

                                  Washington, DC, October 8, 2002.
     Re conference report to H.R. 3295, the Help America Vote Act 
         (election reform).

       Dear Senators: The National Association for the Advancement 
     of Colored People (NAACP), our Nation's oldest, largest and 
     most widely-recognized grassroots civil rights organization 
     supports the conference report on H.R. 3295, the Help America 
     Vote Act and we urge you to work quickly towards its 
     enactment.
       Since its inception over 90 years ago the NAACP has fought, 
     and many of our members have died, to ensure that every 
     American is allowed to cast a free and unfettered vote and to 
     have that vote counted. Thus, election reform has been one of 
     our top legislative priorities for the 107th Congress and we 
     have worked very closely with members from both houses to 
     ensure that the final product is as comprehensive and as 
     nondiscriminatory as possible.
       Thus we are pleased that the final product contains many of 
     the elements that we saw as essential to addressing several 
     of the flaws in our Nation's electoral system. Specifically, 
     the NAACP strongly supports the provisions requiring 
     provisional ballots and statewide voter registration lists, 
     as well as those ensuring that each polling place have at 
     least one voting machine that is accessible to the disabled 
     and ensuring that the voting machines allow voters to verify 
     and correct their votes before casting them.
       The NAACP recognizes that the actual effectiveness of the 
     final version of H.R. 3295 will depend upon how the states 
     and the federal government implement the provisions contained 
     in the new law. Thus, the NAACP intends to remain vigilant 
     and review the progress of this new law at the local and 
     state levels and make sure that no provision, especially the 
     voter identification requirements, are being abused to 
     disenfranchise eligible voters.
       Again, on behalf of the NAACP and our more than 500,000 
     members nation-wide, I urge you to support the swift 
     enactment of the conference report on H.R. 3295, the Help 
     America Vote Act. Thank you in advance for your attention to 
     this matter; if you have any questions or comments I hope 
     that you will feel free to contact me at (202) 638-2269.
           Sincerely,
                                                Hilary O. Shelton,
                                                         Director.

[[Page H7841]]

     
                                  ____
                                               American Foundation


                                                for the Blind,

                                  Washington, DC, October 2, 2002.
     Hon. Christopher Dodd,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Dodd: The American Foundation for the Blind 
     supports the conference report for S. 565 and H.R. 3295. We 
     are pleased that the conference report contains the 
     disability provisions of the Senate bill.
       Already this year, in some jurisdictions, blind and 
     visually impaired voters have, for the first time, been able 
     to cast a secret and independent ballot. We look forward to 
     the day when all voters with visual impairments will have 
     full and independent access to the electoral process.
       The mission of the American Foundation for the Blind (AFB) 
     is to enable people who are blind or visually impaired to 
     achieve equality of access and opportunity that will ensure 
     freedom of choice in their lives. AFB led the field of 
     blindness in advocating the enactment of the Americans with 
     Disabilities Act of 1990 (ADA). Today, AFB continues its work 
     to protect the rights of blind and visually impaired people 
     to equal access to employment, information, and the programs 
     and services of state and local government.
           Sincerely,

                                            Paul W. Schroeder,

                                                   Vice President,
     Governmental Relations.
                                  ____

                                                   United Cerebral


                                           Palsy Associations,

                                  Washington, DC, October 9, 2002.
       Dear Senator Dodd: United Cerebral Palsy Association and 
     affiliates support the conference report on H.R. 3295, the 
     Help America Vote Act. We also take this opportunity to 
     commend you for the work you did to ensure that all people 
     with disabilities have equal access under this act.
       This legislation, while not perfect, will go a long way in 
     improving the ability of people with disabilities to exercise 
     their constitutional right and responsibility to vote. The 
     funding allocated for the multiple provisions of H.R. 3295 is 
     critical, and we pledge to work with Congress to ensure that 
     this funding is made available.
       UCP stands ready to assist states' and local entities as 
     they work toward compliance of this very important 
     legislation. The changes outlined in the bill must be adopted 
     swiftly, correctly and fairly, and it will be incumbent upon 
     us all to help in this process.
       Finally, UCP applauds you and your colleagues on your 
     dogged determination to pass legislation that will make 
     distinct improvements at the polls and in the lives of voters 
     with disabilities.
           Sincerely,
                                                Patricia Sandusky,
     Interim Executive Director.
                                  ____

                                           National Association of


                                Protection & Advocacy Systems,

                                                  October 9, 2002.
     Hon. Chris Dodd,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Dodd: The Protection and Advocacy System (P&A) 
     and the Client Assistance Programs (CAPs) comprised a 
     federally mandated, nationwide network of disability rights 
     agencies. Each year these agencies provide education, 
     information and referral services to hundreds of thousands of 
     people with disabilities and their families. They also 
     provide individual advocacy and/or legal representation to 
     tens of thousands of people in all the states and 
     territories. The National Association for Protection and 
     Advocacy Systems (NAPAS) is the membership organization for 
     the P&A network. In that capacity, NAPAS wants to offer its 
     support for the passage of ``The Help America Vote Act of 
     2002 (H.R. 3295).
       NAPAS believes that the disability provisions in the bill 
     go far to ensure that people with all types of disabilities--
     physical, mental, cognitive, or sensory--will have much 
     improved opportunities to exercise their right to vote. Not 
     only does this bill offer individuals with disabilities 
     better access to voting places and voting machines, but it 
     also will help provide election workers and others with the 
     skills to ensure that the voting place is a welcome 
     environment for people with disabilities. NAPAS is very 
     pleased that P&A network will play an active role in helping 
     implement the disability provisions in this bill.
       NAPAS is well aware that there are still some concerns with 
     certain provisions of the bill. We hope that these concerns 
     can be worked out, if not immediately, then as the bill is 
     implemented. It would be extremely unfortunate if people 
     continued to face barriers to casting their ballot after this 
     bill is signed into law.
       Finally, we want to thank the bill's sponsors, Senators 
     Dodd (D-CT) and McConnell (R-KY) and Representatives Ney (R-
     OH) and Hoyer (D-MD) for their hard work and perseverance. We 
     look forward to working with each of them to ensure the swift 
     and effective implementation of this important legislation.
           Sincerely,
                                          Bernadette Franks-Ongoy,
     President.
                                  ____


                      Federal Election Commission


                 voting system standards--section 3.2.1

     3.2.1 Accuracy Requirements
       Voting system accuracy addresses the accuracy of data for 
     each of the individual ballot positions that could be 
     selected by a voter, including the positions that are not 
     selected. For a voting system, accuracy is defined as the 
     ability of the system to capture, record, store, consolidate 
     and report the specific selections and absence of selections, 
     made by the voter for each ballot position without error. 
     Required accuracy is defined in terms of an error rate that 
     for testing purposes represents the maximum number of errors 
     allowed while processing a specified volume of data. This 
     rate is set at a sufficiently stringent level such that the 
     likelihood of voting system errors affecting the outcome of 
     an election is exceptionally remote even in the closest of 
     elections.
       The error rate is defined using a convention that 
     recognizes differences in how vote data is processed by 
     different types of voting systems. Paper-based and DRE 
     systems have different processing steps. Some differences 
     also exist between precinct count and central count systems. 
     Therefore, the acceptable error rate applies separately and 
     distinctly to each of the following functions:
       a. For all paper-based systems: (1) Scanning ballot 
     positions on paper ballots to detect selections for 
     individual candidates and contests; and (2) conversion of 
     selections detected on paper ballots into digital data.
       b. For all DRE systems: (1) Recording the voter selections 
     of candidates and contests into voting data storage; and (2) 
     independently from voting data storage, recording voter 
     selections of candidates and contests into ballot image 
     storage.
       c. For precinct-count systems (paper-based and DRE): 
     Consolidation of vote selection data from multiple precinct-
     based systems to generate jurisdiction-wide vote counts, 
     including storage and reporting of the consolidated vote 
     data.
       d. For central-count systems (paper-based and DRE): 
     Consolidation of vote selection data from multiple counting 
     devices to generate jurisdiction-wide vote counts, including 
     storage reporting of the consolidated vote data.
       Fort testing purposes, the acceptable error rate is defined 
     using two parameters: the desired error rate to be achieved, 
     and the maximum error rate that should be accepted by the 
     test process.
       For each processing function indicated above, the system 
     shall achieve a target error rate of no more than one in 
     10,000,000 ballot positions, with a maximum acceptable error 
     rate in the test process of one in 500,000 ballot positions.

  Mr. Speaker, I reserve the balance of my time.
  Mr. HOYER. Mr. Speaker, I yield myself 3 minutes.
  Twenty-three months ago, uncertainty gripped our great democracy. The 
United States of America, the wealthiest and most technologically 
advanced Nation in the world had failed, in my opinion, its most basic 
election duty: the duty to count every citizen's vote and count it 
accurately.
  The votes of an estimated 4 million to 6 million Americans went 
uncounted in November of 2000. This national disgrace cried out for 
comprehensive Federal reform. Thus, I am proud today to strongly 
support the historic, bipartisan conference report before us, the first 
Civil Rights Act of the 21st century.
  The Help America Vote Act of 2002 is the most comprehensive package 
of voting reforms since enactment of the Voting Rights Act of 1965. The 
conference report authorizes unprecedented Federal assistance: $3.9 
billion over 3 years to help States improve and upgrade every aspect of 
their election systems. This funding will replace outdated voting 
equipment, train poll workers, educate voters, upgrade voter lists, and 
make polling places accessible for the disabled.
  Furthermore, this legislation prescribes an array of new voting 
rights and responsibilities. States will now be required to provide 
provisional balance to ensure no voter is turned away at the polls. It 
requires that we give voters the opportunity to check for and correct 
ballot errors. It provides at least one voting machine per precinct 
that allows disabled voters, including those with visual impairments, 
to vote privately and independently; and it provides for an 
implementation of a computerized statewide voter registration database 
to ensure accurate lists.
  In addition, the conference report will require States to set 
standards for counting ballots and to define what constitutes a vote. 
To ensure the integrity of our election system, first-time voters who 
register by mail will be required to produce some form of 
identification and States will be obligated to maintain accurate voting 
registration lists.
  This legislation, Mr. Speaker, also establishes a bipartisan 4-member 
elections assistance commission which will issue voluntary guidelines 
regarding

[[Page H7842]]

voting systems, administer grants, and study election issues. To ensure 
compliance, the conference report requires States to set up 
administrative grievance procedures. The U.S. Department of Justice 
will also be responsible for Federal enforcement.
  Finally, let me remind my colleagues that passage of this conference 
report does not finish the journey. We now have, in my opinion, Mr. 
Speaker, a moral opportunity to ensure that this authorization is fully 
funded. I urge my colleagues to support this conference report. It will 
strengthen the foundation of democracy and shore up public confidence 
in this most basic expression of American citizenship, the right to 
vote and to have one's vote counted.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NEY. Mr. Speaker, I yield 5 minutes to the gentleman from 
Michigan (Mr. Ehlers).
  Mr. EHLERS. Mr. Speaker, I rise to engage the chairman of the 
Committee on House Administration and sponsor of this legislation in a 
brief colloquy.
  I commend the chairman's effort in crafting this important 
legislation and bringing it before us today. In particular, I wish to 
thank him and his staff for working so closely with me in incorporating 
provisions of H.R. 2275, which I introduced with the gentleman from 
Michigan (Mr. Barcia) and which was passed by the Committee on Science 
last year. My legislation established an independent commission charged 
with developing technical standards to ensure the usability, accuracy, 
security, accessibility, and integrity of voting systems. This concept 
is included in the conference report in section 221 in the form of the 
Technical Guidelines Development Committee.
  The conference report charges this committee with the duty of 
developing voluntary voting system guidelines and then recommending 
these technical standards to the newly created election assistance 
commission.
  I am seeking clarification from the chairman that it is his intent 
that these guidelines should include standards to ensure the usability, 
accuracy, security, accessibility, and integrity of voting systems, 
including those areas described in section 221(e)(2).
  Mr. Speaker, I yield to the gentleman from Ohio (Mr. Ney), the 
chairman of the Committee on House Administration, to respond to this 
request.
  Mr. NEY. Mr. Speaker, the gentleman's interpretation of the language 
in the conference agreement is correct.
  Mr. EHLERS. Mr. Speaker, I thank the chairman for his assurance and 
for his hard work on this conference report.
  Mr. Speaker, reclaiming my time, I rise in support of the conference 
agreement on H.R. 3295, the Help America Vote Act of 2002. I thank the 
gentleman from Ohio (Mr. Ney), the chairman, and the gentleman from 
Maryland (Mr. Hoyer), the ranking member, for their hard work on this. 
We have all worked very hard to produce this bill, but their leadership 
is what pulled it through.
  For a month after the November 2000 election, we watched in disbelief 
as Florida's troubled election system became a national drama and 
fodder for the late-night talk shows. Polling station workers across 
Florida struggled to discern the true intent of a voter based on their 
interpretation of the now-infamous hanging chad. Because of Florida's 
problems, the most precious component of our democracy, the expression 
of the free will of individual voters, was turned into a battle between 
attorneys. After the dust settled, we put Florida's voting system under 
a microscope and analyzed the flaws that troubled citizens and 
legislators alike.
  After the Florida voting problems occurred, I, as a scientist, 
quickly realized that we needed to improve the technical flaws in our 
voting systems before State and local officials made large investments 
of taxpayer dollars in new voting equipment that may, in fact, be 
substandard. Scientists at MIT and Cal Tech came to the same 
realization and launched a joint research project to uncover the 
technicals flaws in our voting systems and equipment. I thank them for 
their work and for their cooperation with us in this area.
  After careful analysis of the problem and the MIT and Cal Tech study, 
I was appalled to discover many potential problems. For example, a high 
school computer hacker, or any other hacker, could sabotage some 
computer voting systems and make them display erroneous vote totals. In 
response to these problems, I drafted H.R. 2275 in conjunction with my 
colleague, the gentleman from Michigan (Mr. Barcia).
  In analyzing flaws of voting equipment, one of the key issues I 
identified was that the FEC's standards for voting equipment had been 
woefully inadequate for many years. It was very clear that we needed 
legislation to improve the process for developing technical standards 
for voting equipment, and H.R. 2275 was designed to address this need.
  The legislation before us today contains almost all of H.R. 2275's 
provisions. It will improve voting equipment, because while we can 
debate the particulars of how to administer an election or which voting 
equipment to buy, no one will disagree that any voting system should be 
based on the best possible standards to ensure the usability, accuracy, 
security, accessibility, and integrity of voting equipment.
  I know that new technical standards do not capture the public's 
attention, but they are the very foundation upon which voting accuracy 
and reliability rests, just as all of our commerce rests on reliable 
universal standards.

                              {time}  2100

  This conference report takes the concepts from H.R. 2275 and corrects 
a glaring flaw in our existing technical standards development process 
by creating a new 14-member panel chaired by the director of the 
National Institute of Standards and Technology. This panel will develop 
and recommend voluntary technical standards to ensure the usability, 
accuracy, security, accessibility and integrity of voting systems. A 
newly created Election Assistance Commission will then determine 
whether or not to adopt these voluntary standards.
  Finally, the Commission will publish a central list of systems that 
are certified as meeting the current Federal standards. Since these 
standards are voluntary, States are still free to choose voting systems 
that are not certified, but now State election officials will be able 
to use this list to guide the purchasing decisions. This is a 
relatively simple, straightforward process that will lead to great 
improvement throughout our voting system.
  With these provisions, voters can rest assured that casting their 
vote on equipment that meets the new Federal standards will mean that 
their vote counts.
  I would also like to point out the strong anti-fraud provisions in 
this legislation. We must not only guarantee that each vote counts, we 
must also ensure these votes are not diluted by fraudulent votes. This 
bill will guard against fraud of many different types and will ensure 
that votes will be recorded accurately. We certainly do not want a 
return to the Tammany Halls or the Boss Prendergasts of the past.
  Once again, I thank the gentleman from Ohio (Chairman Ney) and the 
ranking member, the gentleman from Maryland (Mr. Hoyer), for working 
with me to incorporate my thoughts in this legislation. I believe our 
collaboration has made a good bill even better, and I urge all of my 
colleagues to support this bill.
  Mr. Speaker, I rise in support of the conference agreement on H.R. 
3295, the Help America Vote Act of 2002.
  For a month after the November 2000 election, we watched in disbelief 
as Florida's troubled election system became a national drama and 
fodder for the late night network shows. Polling station workers across 
Florida struggled to discern the true intent of a voter based on their 
interpretation of the now infamous ``hanging chad.'' Because of 
Florida's problems, the most precious component of democracy--the 
expression of the free will of individual voters--was turned into a 
battle between lawyers. After the dust settled, we put Florida's voting 
system under a microscope and analyzed the flaws that troubled citizens 
and legislators alike.
  But the problems Florida faced weren't unique, nor were they new. 
Fraud, outdated and inadequate voting equipment, poor access for 
handicapped voters, poor training of polling station workers, and voter 
disenfranchisement have occurred in local, state, and national 
elections for years. But it took Florida's elections to spur 
Congressional action to correct these flaws. We can be proud that the 
agreement before us today addresses, and takes

[[Page H7843]]

action to correct, each of these issues, among others.
  After the Florida voting problems occurred, as a scientist I quickly 
realized that we needed to improve the technical flaws in our voting 
systems before state and local officials made large investments of 
taxpayer dollars in new voting equipment that may, in fact, be 
substandard. Scientists at MIT and Caltech came to the same realization 
and launched a joint research project to uncover the technical flaws in 
our voting systems and equipment. I thank them for their work and for 
their collaboration with me in this area.
  After careful analysis of the problem and the MIT and Caltech study, 
I was appalled to discover many potential problems. For example, a high 
school computer hacker, or any other hacker could sabotage some 
computer voting systems and make them display erroneous vote totals. In 
response I drafted H.R. 2275, in conjunction with my colleague from 
Michigan, Mr. Barcia, to address the many problems we found. In 
analyzing the flaws in voting equipment, one of the key issues I 
identified was that the Federal Election Commission's standards for 
voting equipment have been woefully inadequate for many years. It was 
very clear that we needed legislation to improve the process for 
developing technical standards for voting equipment, and H.R. 2275 was 
designed to address this need. My legislation was reported out of the 
House Science Committee with the encouragement of Science Committee 
Chairman Boehlert.
  The legislation before us today contains almost all of H.R. 2275's 
provisions. It will improve voting equipment because, while we can 
debate the particulars of how to administer an election or which voting 
equipment to buy, no one will disagree that any voting system should be 
based on the best possible standards to ensure the usability, 
accuracy, security, accessibility, and integrity of voting equipment. I 
know that new technical standards do not capture the public's 
attention, but they are the very foundation upon which voting accuracy 
and reliability rests, just as all our commerce rests on reliable, 
universal standards. From the moment that you walk into a voting booth 
until your vote is officially recorded, the adequacy of the standards 
underlying this process will help determine whether or not your vote is 
recorded correctly. For example, standards help ensure that new ``touch 
screen'' technology does not bias your vote for one candidate over 
another, that voting equipment will afford access to all individuals 
with disabilities, and that your vote will be transmitted securely and 
recorded correctly.

  This conference report takes the concepts from H.R. 2275 and corrects 
a glaring flaw in our existing technical standards development process 
by creating a new 14-member panel, chaired by the Director of The 
National Institute of Standards and Technology (NIST). This panel will 
develop and recommend voluntary technical standards to ensure the 
usability, accuracy, security, accessibility, and integrity of voting 
systems. A newly created Election Assistance Commission will then 
determine whether or not to adopt these voluntary standards. Once the 
Commission adopts these standards, labs accredited by the Commission 
will be able to test voting equipment and certify that new equipment 
meets the federal standards. Finally, the Commission will publish a 
central list of systems that are certified as meeting the current 
federal standards. Since these standards are voluntary, states are 
still free to choose voting systems that are not certified, but now 
state election officials will be able to use this list to guide their 
purchasing decisions.
  The legislation also includes a research and development program to 
support the standards development process and to develop better voting 
technology and systems. This is critical because research must underpin 
decisions that the standards development committee will be making. In 
addition, we need research to help improve our voting equipment and 
systems for future elections.
  This is a relatively simple, straightforward process that will lead 
to great improvement throughout our voting system. With these 
provisions, voters can rest assured that casting their vote on 
equipment that meets the new federal standards will mean that their 
vote counts. I would also like to point out the strong anti-fraud 
provisions in this legislation. We must not only guarantee that each 
vote counts; we must also insure those votes are not diluted by 
fraudulent votes. While flawed voting equipment can undermine a 
person's right to have their vote recorded accurately, fraud can 
undermine our entire voting system. In my 25 years in elected office I 
have seen voting fraud in many different forms. It occurs more often 
than the American people know. The anti-fraud provisions in this 
legislation are common-sense measures that reasonable people will agree 
that we must have in order to preserve the integrity of our elections. 
We don't want any new Tammany Halls or Boss Preudergasts in the USA!
  I want to thank Chairman Ney and Ranking Member Hoyer again for 
working with me to incorporate my thoughts on this legislation. I 
believe our collaboration has made a good bill even better, and I urge 
all of my colleagues to support the bill.
  Mr. HOYER. Mr. Speaker, I yield 4\1/2\ minutes to the gentleman from 
Michigan (Mr. Conyers), one of the most senior Members of this House, 
the ranking member of the Committee on the Judiciary, a giant in the 
civil rights movement of this country, whose voice is always heard on 
behalf of those who are dispossessed, downtrodden, or discriminated 
against. It is an honor to be his friend and an honor to serve with him 
in this House.
  Mr. CONYERS. Mr. Speaker, I want to thank the manager, the gentleman 
from Maryland (Mr. Hoyer), for his kind introduction, but, more 
importantly for what he did to help us come here today; on February 28 
for his bill; on March 27 for my bill. We have been working tirelessly, 
and I have come to know the gentleman from Iowa (Mr. Ney), the chairman 
of the committee that had jurisdiction. I commend him. We have come a 
long, long way together.
  I am very grateful to the gentleman from Michigan (Mr. Ehlers) for 
his technological contributions.
  To the gentlewoman from California (Ms. Waters), who headed the 
Election Reform Task Force for the Democratic Caucus, I praise her, 
whose study was a classic, along with that of the Commission on Civil 
Rights, the Carter-Ford Election Reform Commission, and more than a 
dozen other historic studies that have gone into this measure.
  I am also pleased to have had and enjoy the support of the caucus of 
which I am a dean, the Congressional Black Caucus. I am very grateful 
to all of them for their work, not just in forming the legislation and 
contributing to the process, but going to Florida and going across the 
country and putting their time in.
  I am looking at the gentlewoman from Florida (Ms. Brown) in 
particular, who I appreciate; and our other sister on the Committee on 
the Judiciary, the gentlewoman from Texas (Ms. Jackson-Lee); and the 
Chairperson of the caucus, the gentlewoman from Texas (Ms. Eddie 
Bernice Johnson), who was heroic in this matter.
  So I stand here, Mr. Speaker, commending all of our friends. I cannot 
omit the chairman of the committee in the Senate, Chris Dodd, who 
worked tirelessly for 18 months to bring us to this point, a point that 
was brought to us by the fact that 6 million votes were thrown out in 
the last Presidential election. Forty-seven percent of the disabled 
encountered physical barriers at the voting place, and 10 times as many 
African American voters in Florida were likely to have had their ballot 
discarded in the last Presidential election. So we have worked on a 
bill with major standards.
  What does this bill do?
  One, nobody can spoil a ballot anymore in America when this bill 
becomes law, no way. If you vote, the machine selected by the State, or 
another apparatus, has to make sure that the voter has not spoiled his 
ballot or her ballot before they walk out of that booth.
  Number two, there is provisional voting, so any election dispute is 
protected; that one is not sent to a phone number that nobody ever 
answers or a building where the office is closed. The vote is allowed 
in a separate stack, and then the determination that it be included or 
not is a permanent record kept to be re-examined by the voter or 
authorities.
  Three, it says that that voting site must be accessible to the 
disabled.
  Finally, we have provisions written about language requirements. Many 
people went to the polls and could not read the English language 
carefully or clearly enough.
  Then, of course, there is $3.9 billion of funds.
  The last point, this is not a perfect bill. We fought against voter 
ID provisions, citizen check-offs, Social Security numbers. We are 
going to watch it carefully in the next Congress. If it requires 
correcting, everybody on this side of the aisle and the chairman of the 
subcommittee promises that we will take whatever corrective action is 
necessary.
  I thank Congress for their efforts in this movement.
  Mr. HOYER. Mr. Speaker, I yield myself such time as I may consume.

[[Page H7844]]

  Mr. Speaker, I thank the gentleman for his contribution; but not just 
tonight, I thank the gentleman for his contribution over a career of 
fighting for people and ensuring that their rights are observed and 
expanded.
  Mr. Speaker, I yield 4 minutes to the gentleman from Texas (Mr. 
Gonzalez), the son of an extraordinary Member of this House who fought 
for the little people of America all the time and was a giant in this 
House; and his son, of which he would be supremely proud, promises to 
be equally committed to people.
  Mr. GONZALEZ. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  To my esteemed colleague, the gentleman from Maryland, I thank him 
very much for those wonderfully kind words. Dad was incredibly unique 
for many, many reasons; and he is missed.
  First, I would like to start off saying that I stand here today in 
opposition to this bill. It is a difficult time to stand here against a 
bill that does contain some very good language and make some giant 
strides in election reform. The drawbacks, though, basically will 
cancel out the true benefits of this bill.
  I will start off by giving credit where credit is due, and that is 
for everyone who worked so hard out of this House to get out a decent 
bill that took the best parts of what the Senate had to offer to 
attempt a compromise, bring it in here in some form that would be 
acceptable to a majority of the Members. I know that took a lot of 
work, and there has been progress. I thank the Members for their 
efforts.
  For the first time in the United States election history, an ID 
requirement is mandated. I attended hearings in Pennsylvania; missed a 
couple, I believe, in Illinois; was in Florida and Texas, California, 
because we had committees, we had commissions, that conducted hearings 
throughout this Nation. Not once, not once was there ever pointed out 
that there was a problem that would require a national ID requirement. 
This came out of the clear blue.
  The Members that sit in this House tonight will tell us in their 
conversations, it did not emanate out of this House, not from Members 
of the House of Representatives.
  What am I talking about? I will tell the Members what I am talking 
about: They have made voter registration, and the very act of voting, 
more difficult. As good as this bill is, it complicates the process, 
and it will disenfranchise individuals, individuals that live in my 
community, because all of the Members run for office. We know the 
registration process, and we know the voting process because we become 
part of it, and we are in those neighborhoods.
  What this bill does for mail-in registration: no driver's license, no 
ballot; no utility bill, no ballot; no government check, no ballot; no 
bank statement, no ballot; no Social Security number, no ballot.
  Now, Members may say, we will provide them provisional ballots. Those 
do not count. Those do not really count. We are talking about what 
happened in Florida. This gives some sort of a voting right, whatever a 
provisional ballot really is, because that vote truly is not going to 
be counted until something is cleared up.
  On top of it, on top of it now, we are going to have a driver's 
license or a Social Security or a special four-digit assigned number. 
That is not just for mail-in ballots, Mr. Speaker, that is anybody, 
first-time registrants within a State. Even if they cross the county 
line, they still go through all of this. If they do not have a driver's 
license, they should give us the last four digits of their Social 
Security number. If they do not have that, we will assign them a 
number.
  But if they do have a driver's license, if they do have a Social 
Security number and we use the last four digits, we need those 
verified. We are going to have those verified before we have a database 
system in place by 2004, because all this goes into effect. States will 
get waivers, move it to 2006. We will not even have the ability to do 
this.
  If any Member has ever been part of a voter registration drive, they 
know how it is done. There is a deputy that goes up there, because no 
one can simply go and have something filled out and take it back. They 
will be asking for the driver's license. They do not have it? Then the 
Social Security.
  But for a mail-in ballot, which a majority of the ballots in my 
community are submitted in this fashion, why? How long has it been 
since these Members have actually looked at the voter registration card 
in their counties? It is simple, it is unique, it is efficient. There 
has never been a problem that would mandate the type of requirement 
that we will be instituting on a nationwide basis. This will impact 
communities. It will impact the Latino communities.
  I end by advising everybody that the Mexican American Legal Defense 
and Educational Fund, the NAACP Legal Defense and Educational Fund, the 
National Council of La Raza, the National Association of Latino Elected 
and Appointed Officials, and the National Puerto Rican Coalition all 
oppose this legislation.
  Mr. NEY. Mr. Speaker, I yield 3 minutes to the gentleman from New 
Jersey (Mr. Menendez).
  (Mr. MENENDEZ asked and was given permission to revise and extend his 
remarks.)
  Mr. MENENDEZ. Mr. Speaker, I thank the distinguished chairman for 
yielding time to me, and I thank the ranking member.
  Mr. Speaker, let me say, in this great country of ours democracy can 
only flourish when we make all our voices heard. That is why it is 
important to do all we can to ensure that no vote is nullified.
  I want to commend the sponsors of the Help America Vote Act. Much 
hard work went into crafting this legislation that seeks to address the 
problems that plague our Nation's voting system; and when this bill was 
first debated on the House floor, I sought to offer an amendment to 
enhance the civil rights provisions of the bill, including ensuring 
accessibility of polling places, provision for provisional voting, and 
strengthening the National Voter Registration Act. I am pleased that 
some of these things were included in the final bill.

                              {time}  2115

  However, I want to join my colleague, the gentleman from Texas (Mr. 
Gonzalez), in our concerns about other provisions that were added in 
the conference report. While these new identification provisions may be 
offered to ensure that our voting system is free of error and fraud, I 
fear these provisions may lead to further disenfranchise many Latino 
voters.
  Under this bill, a Federal requirement for voter identification is 
created. This will be the first time ever such a provision exists in 
our Nation's law. I fear this starts a dangerous precedent. States will 
be required to ask a voter registration applicant or a first-time voter 
for a current driver's license number or the last four digits of their 
Social Security number or have a new four-digit number created and 
assigned to this applicant.
  At a time that we should be encouraging people to come and register 
and be part of the democratic process, these new requirements add 
burdensome responsibilities in the process of voter registration and 
ultimately discourage voters. These people are citizens, and they know 
that you have to be a citizen to register to vote, which is why this 
whole other provision of checkoff, of citizenship checkoff, further 
delays the process and causes the possibility for registrars who may 
not see that checkoff take place to delay the ability of that 
individual to ultimately vote.
  Lastly, we speak from experience, through manipulation of voter laws 
and voter intimidation. Many parts of our community and many parts of 
this country, including in my home State of New Jersey, have had laws 
used against them to ensure that they cannot vote. So in our objection 
we are concerned about the implementation of laws as written, and we 
are raising concerns about the potential or unequal administration of 
the law. We have seen it happen in the past, and we hope it will not 
continue in the future.
  It is not just Hispanics, by the way. When Wisconsin looked at making 
changes to their voting laws, they conducted a study that found over 
120,000 Wisconsin residents who did not have a driver's license or 
photo identification cards. Well, individuals such as these have their 
voices and their votes ultimately will be heard.

[[Page H7845]]

  I intend to vote for the bill because clearly there are many good 
provisions in it, and it provides desperately needed resources so that 
all of our States can update their voting systems, but we want to wave 
our sabers now and let it be understood that we intend to follow this 
process every step of the way, through the regulatory process, through 
what is promulgated in that regard, through its implementation to make 
sure that no citizen, particularly citizens of Hispanic decent, enter 
this democratic process with greater difficulty or with the inability 
to have their vote and their voice considered.
  Mr. HOYER. Mr. Speaker, I thank the gentleman from New Jersey (Mr. 
Menendez) for his comments. I think they were well taken, as the 
comments from the gentleman from Texas were well taken. And I will join 
him and I know the gentleman from Ohio (Mr. Ney) will as well to ensure 
that their fears are not realized.
  Mr. Speaker, how much time remains on our side?
  The SPEAKER pro tempore (Mr. Simpson). The gentleman from Maryland 
(Mr. Hoyer) has 18\1/2\ minutes remaining. The gentleman from Ohio (Mr. 
Ney) has 6\1/2\ minutes remaining.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to my distinguished 
colleague, the gentleman from Pennsylvania (Mr. Fattah), the next 
ranking Democrat on the committee who has been such a critical 
participant in forging this legislation.
  Mr. FATTAH. Mr. Speaker, let me thank the managers of this bill for 
their work, not just here on the floor but more importantly in the 
conference committee. And also I add kudos to Senator Dodd, who has 
really worked hard with the gentleman from Ohio (Mr. Ney) and the 
gentleman from Maryland (Mr. Hoyer) and also to pay deference to the 
dean, the gentleman from Michigan (Mr. Conyers).
  This is a good bill. It is not, as we now know, a perfect bill; but 
it is a bill that moves this process forward.
  Mr. Speaker, I served as a teller here in the House, and I had to 
record the results from the Florida election and the Presidential race 
in the year 2000. And we know that not only were there votes not 
counted by many in the State of Florida, but throughout this country 
there are holes in our democracy. And this bill is an attempt to 
respond to that.
  We have worked the will of the conference committee, merging ideas in 
the Senate and the House. There are things in this bill that I am sure 
your Senate colleagues would rather not be there and things we prefer 
not be a part of this bill, but there is a shared consensus of the 
conferees; and we would hope that it would receive an overwhelming 
favorable endorsement here in the House, and I think it will move our 
democracy toward a more perfect Union.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. The Chair would remind Members that it is 
not in order to cast reflections on the Senate, either positively or 
negatively on individual Senators.
  Mr. HOYER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I know the Speaker of the House, the gentleman from 
Illinois (Mr. Hastert), is on the floor and he is about to leave. With 
him is his deputy chief of staff, Mr. Stokke. Before he leaves, I want 
to take the opportunity to thank him and Mr. Stokke. Both of these 
gentlemen were vitally interested in this legislation. Both were 
extraordinarily helpful in seeking its passage. The Speaker has 
committed to the gentleman from Ohio (Mr. Ney) and I that he will work 
with us to make sure that this obligation is not an unfunded mandate, 
but in fact that we give the States the resources necessary. I wanted 
to thank the Speaker before he leaves the floor and thank Mr. Stokke, 
as well.
  Mr. NEY. Mr. Speaker, I reserve the balance of my time.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Florida (Mr. Davis), a member of our committee who has 
been intimately involved throughout this consideration and was so 
important in making sure that we had a bill that we could pass.
  Mr. DAVIS of Florida. Mr. Speaker, I wanted to commend the gentleman 
from Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) on 
their work.
  Mr. Speaker, as a Floridian I need to provide a little more sober 
assessment as to where we are and where we need to go.
  I painfully need to first point out that we began discussing this 
issue right after the November 2000 elections, and it has taken the 
verge of the next set of elections to revisit the issue. We should not 
just be talking about this issue at election time. This is a burden we 
all bear, Federal, State and local. The people that testified before 
the House Administration Committee pointed out to us that the 
legislation, if it was going to work, was not just about replacing 
machines. It was about making sure that we had qualified people who 
were trained to use the machines. And, unfortunately, once again in my 
home State of Florida we have provided another painful lesson as to 
just how right they were.
  Let me also point out that tonight is only half the battle. This is 
an authorization bill; but the guts of the bill, apart from some of the 
issues that have been discussed earlier, have to do with some of the 
funding that needs to be provided. I want to urge the President for the 
first time to stand up and be counted on this and to release the funds 
that he has sequestered that would provide the first $400 million in 
installment for this bill and to work with Democrats and Republicans to 
fund this bill, because without funding, the bill will only be an 
expression. It will not be action by this Congress.
  So this is the beginning tonight. I applaud the gentleman from 
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney), but we need 
to get to work on finishing the bill.
  Mr. HOYER. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Waters), who chaired the special committee on election 
reform and held hearings all over this country and heard from literally 
hundreds of citizens on the issues confronting them at election time. 
``Revitalizing Our Nation's Election System'' is a report issued by the 
Waters Commission, which was extraordinarily helpful to the gentleman 
from Ohio (Mr. Ney) and me in bringing this legislation to fruition. I 
thank her for that. I thank her for the contributions she has made. I 
am honored to serve with her.
  Ms. WATERS. Mr. Speaker, I would like to thank the gentleman from 
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) for the hard 
work they put in trying to get this election law passed so that we 
would not experience what we have experienced in Florida and other 
parts of this country.
  Mr. Speaker, my ancestors could not vote. My ancestors were blocked 
from being able to vote with such tactics as forcing them to have to 
pay poll taxes and take literacy tests. And we saw some of the same 
kind of tactics used in Florida and some other parts of this country in 
the national election that basically stunned the world. And so when the 
Democratic House minority leader, the gentleman from Missouri (Mr. 
Gephardt), asked me to lead the Democratic Caucus Special Committee on 
election reform, I said, yes, I must do this.
  The committee was given the responsibility to travel throughout 
America and examine our Nation's voting practices and equipment. Over a 
6-month period, this committee held six public field hearings in 
Philadelphia, San Antonio, Chicago, Jacksonville, Cleveland, and Los 
Angeles. We heard from election experts.
  We heard from election experts and hundreds of voters about what is 
right and wrong with our election system. I was overwhelmed about the 
outpouring of interest and the support we received from our Nation's 
voters.
  The conference report before us today authorizes grants to test new 
voting equipment and increases access to polling places by voters with 
disabilities. The conference report establishes election standards that 
require States to allow voters to check and correct their ballots, 
provide access to disabled voters, allow provisional voting when there 
is question of an individual's eligibility.
  This is not a perfect conference report, and I had to think long and 
hard about supporting it. I do not like any ID requirements. We do not 
have any in California. I do not like having to ask people for a 
driver's license or a Social Security number.

[[Page H7846]]

  But despite those things that I do not like and what I think is wrong 
with this bill, I am going to support it because we need to get started 
with correcting what is wrong with our election systems here in 
America. And hopefully, we will continue to work on this so that we can 
come up with perfect legislation to deal with those problems.
  Mr. HOYER. Mr. Speaker, I thank the gentlewoman for her comments and 
again would pledge with the gentleman from Ohio (Mr. Ney) and myself 
and the gentleman from Michigan (Mr. Conyers) and others to continue to 
work with her towards those solutions.
  Mr. Speaker, I yield 1 minute to the distinguished gentleman from 
North Carolina (Mr. Price). The gentleman has been involved with 
election reform as long as I can remember. He is an extraordinary 
leader on this bill and in this House on these issues.
  Mr. PRICE of North Carolina. Mr. Speaker, I thank the gentleman for 
yielding me time.
  Mr. Speaker, I rise in strong support of the conference report on the 
Help America Vote Act. I want to congratulate the gentleman from 
Maryland (Mr. Hoyer), the gentleman from Ohio (Mr. Ney), the gentleman 
from Michigan (Mr. Conyers), and others who have relentlessly pursued 
this historic bipartisan agreement.
  Mr. Speaker, the problems that Florida experienced at the polling 
places and its primaries again this year demonstrate that our last 
national election was not just a once-in-a-life-time phenomenon. The 
problems that plagued us 2 years ago will continue to occur if we do 
not take action to address them. This legislation takes that action.
  It requires States to meet minimum Federal election standards. It 
authorizes funds to help implement those standards and to educate 
voters, improve equipment, train poll workers and improve access for 
disabled voters. It also incorporates key elements of legislation I 
helped author, the Voting Improvement Act, H.R. 775, to buy out 
unreliable and outdated punch card machines, the type of equipment that 
has the highest error rate.
  Mr. Speaker, now more than ever we need to make sure that every 
American can participate fully in our democratic form of government. We 
must ensure that every vote is counted. I urge my colleagues to take a 
significant step towards achieving these goals by joining me in support 
of the conference report, H.R. 3295.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished 
gentlewoman from Texas (Ms. Eddie Bernice Johnson), the distinguished 
chair of the Congressional Black Caucus, who has been involved since 
the very first day in demanding that we pass election reform, in 
focusing in on election reform and working towards the adoption of the 
bill; and I thank her for her efforts.
  (Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to 
revise and extend her remarks.)
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I want to use this 
minute to say that I want to thank the gentleman from Ohio (Mr. Ney), 
whom I visited the very first day of the session to talk about this, 
and the gentleman from Maryland (Mr. Hoyer), who stayed the course, and 
Senator Dodd and the Senate who led the deliberations in the Senate.
  There was such an overwhelming outcry from this Nation and 
internationally that came to the Black Caucus after January 6, 2001, 
that we knew we had to act.

                              {time}  2130

  This became the number one priority for the Congressional Black 
Caucus to do something about election reform.
  The faith in the system had gone. Today hopefully it will start to 
restore it. This is not to say this is a perfect bill, but it is to say 
that it is a major, major step in the right direction; and we hope that 
the President will keep his word to me. He made it a public statement 
when he said he will support it, and he would see that the money would 
be in the budget.
  We appreciate it; and, Mr. Speaker, this is the civil rights bill of 
the new millennium.
  Mr. Speaker, I rise today in support of H.R. 3295, a bill that will 
restore integrity to our nation's voting system. I strongly urge my 
colleagues to support this legislation.
  Mr. Speaker, today is a proud day for the Congressional Black Caucus. 
Throughout this Congress, election reform has been our number one 
legislative priority.
  On January 6, 2001, our Members walked out of this chamber to protest 
the voting irregularities and intimidation that resulted in a President 
who was appointed by the Supreme Court, rather than elected by the 
people.
  We said we would not rest until the right to vote of every American 
was protected.
  Mr. Speaker, I am proud to say that after 21 months of floor speeches 
and field hearings, we are very, very close to delivering on our word.
  Now, this legislation is not perfect. But it is a tremendous step 
forward. And, with the 2002 elections just a mere 26 days away, and the 
2004 elections on the horizon, it's time to move the ball down the 
field.
  It's time to implement the centralized voter registration and 
standardized balloting called for by this bill.
  It's time that we fund training and technical assistance programs to 
educate poll workers and replace faulty voting machinery.
  And it's time to implement provisional balloting, so that no voter 
will get turned away from the polls if their eligibility is challenged.
  These provisions will all go a long way toward correcting the 
disenfranchisement that we witnessed in 2000.
  However, because I believe that these regulations should be enacted 
quickly, I am concerned that this legislation gives states waivers to 
push back their deadlines for many of these protections.
  I am also troubled that this legislation authorizes funding for these 
programs without appropriating the $3.9 billion dollars that they will 
require.
  Lastly, for far too long, we have seen voting regulations corrupted 
and used to deny the votes of millions of people, especially people of 
color.
  We must remain vigilant that the voter protections in this 
legislation are implemented evenly and effectively. And we must ensure 
that they are enforced with the full weight of our justice system.
  Our work is cut out for us. It is easy to see that this legislation 
is really only the beginning. But it is a good beginning.
  Now, I must thank the Members of the Conference Committee from both 
Chambers for working many, many late nights to complete their work on 
this legislation.
  In particular, I would like to thank the gentleman from Maryland, Mr. 
Hoyer, who has been battling to extend these important protections to 
our nation's voters. I would also like to commend Chairman Ney for his 
work in helping reach this compromise.
  Finally, let me thank the Members of the Congressional Black Caucus 
for their extraordinary work. In particular, I must commend the 
gentleman from Michigan, Mr. Conyers, for his leadership in co-
authorizing one of the original House election reform bills and for 
working to ensure that this bill became a reality.
  As I conclude, let me remind my colleagues: The time to improve our 
elections system is now. We must make sure all Americans can register 
to vote, remain on the rolls once registered, vote free from 
harassment, and have those votes counted. I believe that this bill 
achieves those goals.
  I call upon my colleagues to vote in favor of this legislation today. 
Mr. Speaker, we must act before another day has passed.

  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from Rhode 
Island (Mr. Langevin), a freshman Member of this House, an 
extraordinary Member of this House, who has been very much involved in 
the adoption of this bill as former Secretary of State in the 
administration of elections and a person who has confronted the 
challenges of barriers to participation. His participation was critical 
to the passage of this measure.
  (Mr. LANGEVIN asked and was given permission to revise and extend his 
remarks.)
  Mr. LANGEVIN. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I am pleased to be here on this historic day to urge 
passage of H.R. 3295, the Help America Vote Act. The measure sets 
minimum standards for elections and provides States with the much-
needed resources to upgrade voting equipment, improve election accuracy 
and provide voter education and poll worker training.
  This legislation has rightly been called the first civil rights 
legislation of the 21st century because it will ensure that all 
Americans can participate fully in our democracy by being guaranteed 
the fundamental right to vote.
  We would not be here without the leadership of the gentleman from 
Ohio (Mr. Ney) and the gentleman from Maryland (Mr. Hoyer), my good 
friends on the Committee on House Administration. Their diligent 
efforts to craft a

[[Page H7847]]

bipartisan election reform bill demonstrates the successes that we may 
enjoy by setting aside our differences and working for the good of the 
American people. I particularly appreciate their work to make our 
polling places and election equipment accessible to people with 
disabilities.
  I encourage my colleagues to vote for this measure.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Florida (Ms. Brown), who has stood on this floor, stood up in Florida 
and stood in every forum to demand that we do what we can to ensure 
that every person's vote counts.
  (Ms. BROWN of Florida asked and was given permission to revise and 
extend her remarks.)
  Ms. BROWN of Florida. Mr. Speaker, to the gentleman from Ohio (Mr. 
Ney), the gentleman from Maryland (Mr. Hoyer), Congressional Black 
Caucus, and I have got to say Senator Dodd, we would not be here today 
if it was not for their leadership.
  I tell my colleagues this is a great day. I know this is not a 
perfect bill, but it is the perfect beginning. I say that over and over 
again because, as I stand here today, 27,000 of my constituents' votes 
were thrown out because of old equipment. Do my colleagues hear me? 
Twenty-seven thousand votes that have not been counted to date.
  And I want to say to the young people, it does matter who is in 
charge. It matters who is in charge, and this is the first step that we 
have taken to correct that, the first step.
  I know that all of the civil rights community is not happy with this 
bill. I am not happy with it. The reason why I am not happy with it is 
because it took so long to get here. I wanted it here for the midterm 
elections. It is not, but it will be for the 2004 election.
  Mr. Speaker, this is not a perfect bill but, for me, it is the 
greatest accomplishment of the 107th Congress. The greatest thing we 
have done is to make sure that what happened in the 2000 election never 
happens again in this country.
  Mr. Speaker, I am here today to say that it matters who is in charge.
  To the young people, I want you to know that your vote does matter, 
and that every vote counts. And voting matters because the person in 
charge sets the agenda. In Florida, and here in Washington, it is very 
clear just who is in charge and who is setting the agenda. Clearly, the 
Republican party thinks it is much more important to cut taxes and send 
the Federal budget into deficit than to focus on issues like election 
reform, health care, Social Security, and education.
  There is no perfect bill, but this bill is a beginning. It has been 
628 days since the 2000 election, and here we are, nearly 2 years 
later, and have just passed an election reform bill. I am thrilled we 
finally have an election reform bill though: We now have a bill which 
gives over $170 million to the State of Florida for election reform, 
and $3.6 billion to the States overall. Not perfect, but a good start. 
This bill requires States to do things they should have done long, long 
ago: Provisional balloting, replacing outdated punch-card voting 
machines, properly trained poll workers, educating voters, and 
upgrading voter lists . . .  and making polling places more accessible 
for the disabled.

  Everyone in this country and throughout the world knows that the 2000 
elections were a complete sham. In my district alone, Florida's Third 
Congressional District, 27,000 of my constituents' votes were thrown 
out. Let me repeat that: 27,000. Now I know who won the last election 
and it was not the person sitting in the White House right now who is 
guiding this country into war.
  And the incredible thing is that since the 2000 elections, in the 
State of Florida, Governor Bush has only spent $32 million to overhaul 
the voting system. So, Florida, with 16 million people, spent $32 
million, while our neighbor, Georgia, with only 8 million residents, 
spent $54 million on election reform.
  I guess we see where the Florida Governor's priorities lie. He, like 
the Republican party here in Washington, is mainly interested in tax 
cuts for the country club group. Election reform just isn't very high 
up on their list.
  In fact, the Governor did not even allow enough time during the 
Florida primaries to hold mock elections to educate voters and poll 
workers before the primaries.
  Now I know there is no perfect bill, and I know many in the civil 
rights community and many here tonight are not happy with this 
compromise. And I am disappointed it has taken so long to reach a 
compromise and get an election reform bill passed. And I'm unhappy the 
conference report today will not pass in time to affect the mid-term 
elections. But I am happy to see we are ending the 107th Congress with 
a bill, and that we are finally addressing the problem of elections in 
this country. No, Mr. Speaker, this bill is not perfect, but it is to 
me, the greatest accomplishment of the 107th Congress, and I urge my 
colleagues to vote ``yes'' on the conference report.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Simpson). The Chair would remind all 
Members it is not in order to refer to individual Senators except as 
the sponsor of a measure.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from New 
York (Mrs. Maloney).
  (Mrs. MALONEY of New York asked and was given permission to revise 
and extend her remarks.)
  Mrs. MALONEY of New York. Mr. Speaker, I rise in support of the 
conference report and important civil rights bill that will make much-
needed reforms in the way that we vote. For too long Americans had to 
deal with outdated polling practices, alleged fraud and confusing 
voting equipment and inexperienced poll workers. While the bill is not 
perfect, with this legislation we will begin to make improvements that 
prevent election controversies that continue to emerge in different 
parts of the Nation.
  I am pleased to see that two provisions that I offered along with the 
gentleman from New York (Mr. Reynolds), my friend and colleague, have 
been included in the legislation. The bill ensures that overseas voters 
who fill out an application for voter registration will automatically 
receive an absentee ballot for two Federal general elections following 
registration. Additionally, the bill establishes an office in each 
State to respond to overseas voters inquiries. Overseas voters deserve 
the same opportunities to cast their ballots in elections as those who 
are able to make it to their local polling place on election day.
  This is a movement towards truly every vote counting, and I commend 
the great leadership of the gentleman from Maryland (Mr. Hoyer) and the 
gentleman from Ohio (Mr. Ney).
  Overseas voters deserve the same opportunities to cast their ballots 
in elections as those who are able to make it to their local polling 
place on election day.
  I have spoken with Ambassadors, members of the armed services, and 
other American citizens living abroad who have expressed their desire 
to establish a more effective voting process for those living overseas.
  Our constituents deserve to be a part of the electoral process no 
matter where they live.
  With the passage of this legislation, we will ensure that each 
citizen's vote truly does count.
  I'd like to commend my colleagues Chairman Ney and Ranking Member 
Hoyer for their work on this issue and for bringing this bipartisan 
legislation to the floor.
  I urge my colleagues to support this bill.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Michigan (Ms. Kilpatrick).
  (Ms. KILPATRICK asked and was given permission to revise and extend 
her remarks.)
  Ms. KILPATRICK. Mr. Speaker, I thank the gentleman from Ohio (Mr. 
Ney), as well as the gentleman from Maryland (Mr. Hoyer) for yielding 
the time and bringing the bill to the floor, some 20 plus months after 
the worst catastrophe in American history happened in our country.
  The right to vote and have that vote counted is the most sacred thing 
an American citizen can have, and this bill begins the process of 
rectifying the very bad past that we experienced in 2000.
  I want to commend the work of the committee. I want to work with my 
colleagues to see it implemented properly. I like the emphasis on high 
school and college students and voter education.
  On that, I want to work with the committee to see that literacy is 
addressed. Too many people in America cannot read or read between the 
4th and 6th grade level. We have got to make sure that the election 
materials reach that population so that it can vote.
  With that, Mr. Speaker, I will cast my vote for this bill and ask 
that we continue to do the things necessary so all people's vote count 
and all people who are registered can vote.
  Mr. Speaker, I rise today in support of the conference report on H.R. 
3295, the Help America Vote Act. I also want to commend

[[Page H7848]]

Chairman Ney and Ranking Member Hoyer for their hard work on this 
landmark legislation.
  In the aftermath of the 2000 election and the ensuing controversy 
that prevailed, it became abundantly clear that it was essential for 
our Nation to overhaul election administration processes. Our 
consideration of this act could not occur at a more favorable time 
because the specter of possible voter fraud, voter disenfranchisement 
and ballot confusion remain.
  H.R. 3295 authorizes $3.9 billion over 3 years to help States replace 
punch card and lever voting machines to improve the administration of 
elections. As we prepare for mid-term elections, once again the 
political stakes are high.
  H.R. 3295 is important legislation because its enactment will enable 
voters to check for and correct ballot errors in a private and 
independent manner. The act will also ensure that legitimate voters 
will not be turned away from the polls. Furthermore, H.R. 3295 requires 
that States maintain clean and accurate voter lists.
  As the Representative for the 15th Congressional District in 
Michigan, I am acutely aware of the vital importance of empowering 
every prospective voter. In the recent past, numerous black voters were 
disenfranchised due to the imposition of insidious practices designed 
to prohibit voter participation. Literacy tests, poll taxes, and voter 
intimidation were employed successfully to thwart black voter 
participation. However, a new day has dawned and Americans can now look 
forward to the overhaul of election administration.
  I do, however, want to alert my colleagues to a concern I have about 
voter literacy, a problem that affects American voters. The average 
American reads on a 4th to 6th grade level. Therefore, it is imperative 
that we take steps to ensure that voting instructions and materials 
accommodate the literacy level of the average American. I am pleased 
that the conference report includes provisions to make voting sites 
accessible to persons with disabilities, and it affirms the Voting 
Rights Act of 1965. Nonetheless, I continue to have reservations about 
the potential for voter disenfranchisement.
  As a former educator, I recognize the importance of reading and 
comprehending written material. I refer my colleagues to the provision 
in the bill that authorizes a total of $3 billion over fiscal year 2003 
through fiscal year 2005 that can be used in part to provide voter 
education. It is my hope that some part of those resources will be used 
to address voter literacy.
  I am pleased to support the conference report, and I am confident the 
provisions of the bill will usher in critical changes that will serve 
to enhance the legitimacy of our electoral process.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Florida (Mrs. Meek), an extraordinary Member of this body who will be 
leaving this body and we will be poorer for it, who experienced 
firsthand the trauma of people coming to the ballot box and being 
unable to cast their vote and being assured that it counts.
  (Mrs. MEEK of Florida asked and was given permission to revise and 
extend her remarks.)
  Mrs. MEEK of Florida. Mr. Speaker, I want to thank the gentleman from 
Maryland (Mr. Hoyer), my good friend, for yielding me the time.
  It was once said that all that is required for evil to triumph is for 
good people to do nothing. We had some very good people doing something 
on this: the gentleman from Maryland (Mr. Hoyer), the gentleman from 
Ohio (Mr. Ney), the gentlewoman from California (Ms. Waters), the 
Congressional Black Caucus, the gentlewoman from Florida (Ms. Brown) 
and the entire lot, they wanted to do something, not just say nothing 
could be done because of the problems. The problems were faced.
  We do not have a perfect bill, but we have the very best we could 
get, and it could not have been done without the people that I just 
mentioned. So I am glad that I lived to see this bill happen, and we 
all are very emotional about it because of the fact this, to us, is an 
emancipation of some of the problems we have had with voting in this 
country, and I want to thank the writers of this bill and the people 
who participated in it.
  For once, we will go forward to do something better for this country 
and so that everybody can be created equal.
  Mr. Speaker, this Conference Report is an important milestone for 
democracy in America. I am thrilled that the election reform conferees 
have heeded the will of the Congress and the American people and 
reached an Election Reform Conference Agreement that takes enormous 
steps toward ensuring that every voter counts equally and that every 
vote cast is counted. Last week, when this House overwhelmingly 
approved my Motion to Instruct the Election Reform Conferees to produce 
a Conference Report by October 4, 2002, the prospects for election 
reform were still very much in doubt.
  I congratulate my good friends Representative Steny Hoyer, Senator 
Chris Dodd, Chairman Bob Ney, Senator Mitch McConnell, Senator Charles 
Schumer, Senator Kit Bond, the Chair of the Congressional Black Caucus 
Representative Eddie Bernice Johnson, Representative John Conyers, 
Representative Maxine Waters, Representative Corrine Brown, 
Representative Alcee Hastings, my other CBC Colleagues, and my South 
Florida Democratic Colleagues Peter Deutsch and Robert Wexler on this 
outstanding achievement.
  From the day of the 2000 Presidential election catastrophe in Florida 
and elsewhere to today, including last month's primary election fiasco 
in Florida, I vowed that I would not rest until the Congress passed and 
adequately funded a real election reform bill and the President signed 
it into law. The Conference Agreement is an important step toward 
achieving my goal. The next step is to honor our shared commitment to 
adequately fund the implementation of this legislation through our 
appropriations process so that we do not create an unfunded mandate for 
the states.
  As many of you know, I had a problem myself in last month's primary 
election when I stopped by a library branch in my precinct to cast an 
early vote. I was delayed from voting for more than 30 minutes because 
the only computer available was not working and the election officials 
on duty said that they couldn't verify that I was an eligible voter. So 
the need for election reform is not some abstract matter to me. It is 
something real and very personal. When I said, ``No more Florida voting 
problems'', I meant it. It remains extremely important to me to achieve 
real election reform for my constituents before I conclude my 
congressional service.
  Mr. Speaker, the Conference Report is an historic achievement, 
certainly the most important piece of election and voting rights 
legislation since the Voting Rights Act of 1965. It will mean millions 
of dollars in Federal assistance to Florida and every other state and 
will go a long way toward making voting rights problems, such as those 
that occurred in Florida, a thing of the past.
  The Conference Report contains such important protections as 
provisional voting, 2nd-chance voting, privacy in voting for voters 
with disabilities, statewide computerized lists of registered voters, 
and uniform and nondiscriminatory standards for counting ballots so 
that your chance to have your vote counted will not depend on where you 
live. It also authorizes $3.8 billion in funding over the next three 
years to help states replace and renovate voting equipment, train poll 
workers, educate voters, upgrade voter lists, and make polling places 
more accessible for the disabled.

  When this Conference Report becomes law, no qualified voter can ever 
again be turned away from the polling place without first being offered 
the opportunity to cast a provisional ballot. Voters will be able to 
correct their ballots easily if they make a mistake and vote for the 
wrong candidate, or nullify their ballot by voting for too many 
candidates.
  Mr. Speaker, this is not a perfect bill. Like virtually every 
Conference Agreement, the Conference Report is the product of 
negotiation and compromise. As a result, it contains some provisions 
from the Senate bill, like the voter ID requirements for first time 
voters and the related and redundant citizenship check-off declaration, 
that would not be in the bill if I alone had been able to draft it.
  Some civil rights organizations have expressed their concerns that 
the voter ID provisions and the citizenship check-off requirement could 
have a discriminatory and disproportionate impact on those prospective 
voters, such as racial and ethnic minorities, students, the poor, and 
people with disabilities, who are substantially less likely to have 
photo identification than other voters. Given my commitment to voting 
rights, I take these concerns seriously, but, they do not affect my 
support for this Conference Report.
  To address the concerns about voter ID, I urge the Election 
Assistance Commission to be established by this Conference Report to 
carefully monitor the implementation of the voter ID requirements by 
the states so that the Commission may make recommendations for further 
reform if it uncovers evidence that these requirements are interfering 
with the opportunity of any qualified voter to vote and have his vote 
counted.
  Mr. Speaker, when the House and the Senate approve this Conference 
Report and the President signs it, and we fully fund its 
implementation, we will take an enormous step toward ensuring that all 
qualified voters receive an equal right to vote and to have their vote 
counted.
  I urge all my Colleagues to support this Conference Report.

[[Page H7849]]

  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Connecticut (Ms. DeLauro), assistant Democratic leader, outspoken 
strong fighter for a citizen's right to vote, have that vote counted, 
an extraordinarily effective worker on behalf of the passage of this 
bill.
  Ms. DeLAURO. Mr. Speaker, I rise in strong support of this 
legislation and thank those who have made it possible.
  Not long ago we took our right to vote for granted, but what occurred 
in Florida 2 years ago and again last month reminded all Americans how 
very sacred that right is. The right to vote is a cornerstone of our 
democracy, the most basic and most essential expression of citizenship. 
When that right is put into doubt, when citizens cannot know that a 
ballot cast is a ballot counted and that their unique voice has not 
been heard, it undermines confidence of our entire political system as 
well as the government formed on the foundation of our ballots.
  People must simply have the confidence that their vote counts. That 
is what this legislation is about. It authorizes nearly $4 billion 
during the next 3 years to modernize our equipment, poll worker 
training, voter education, improved voter lists, improved voter access, 
provisions that would alert voters to improperly marked ballots like 
those we saw during the last presidential election. It goes a long way 
toward restoring the integrity of our electoral system.
  Our work is not done. We must make sure that the funds for this bill 
are not merely authorized but appropriated so that this historic 
legislation does not become just another empty promise. At a time when 
American leadership in the world is critical, following through 
reforming on our election system is simply too important to address 
halfheartedly.
  I am proud to support it.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Texas (Ms. Jackson-Lee), a member of the conference committee who 
succeeded Barbara Jordan in her seat, an extraordinary fighter for our 
Constitution and for our people, and she is following in that 
tradition.
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished 
gentleman from Maryland very much for yielding me the time.
  The gentleman from Maryland (Mr. Hoyer) did stay the course and the 
gentleman from Ohio (Mr. Ney), the chairman and the gentleman from 
Michigan (Mr. Conyers), and to be admonished, I know I will be, Senator 
Dodd. The work that they all have done has brought us to this place.
  When I went to Florida, I saw many people in the aftermath of the 
2000 election as we sought the recount; and they were minorities, they 
were elderly, they were Jewish Americans, they were Hispanic Americans. 
They were Americans, and each of them said that their vote had not been 
counted.
  Today, let me thank my colleagues because we do have the civil rights 
act of the millennium but, more importantly, the most historic piece of 
legislation since the Voter Rights Act of 1965 which helped create the 
seat that Barbara Jordan held in this United States Congress.
  So I am very gratified that we will now have provisional balloting. 
We will now have State-wide registration. We will now have the ability 
for disabled individuals to access the voting place. We will now have 
the ability for funding so that we can get rid of punch cards and we 
can get rid of paper ballots if the communities desire to do so.
  Might I say that I am very grateful as well that the thousands of 
people who have been purged from the rolls now will have language in 
this legislation that they must have notice before they are purged. I 
am grateful that that particular provision that I desired to get in in 
working with the advocacy groups, we were able to clarify it. Because 
thousands of persons were purged off the rolls without knowing in the 
State of Texas, and thousands were purged off in the State of Florida. 
We have much work to do.
  I am opposed to the photo ID. I am opposed to discriminating against 
people because they are Hispanic or ethnic minorities. The photo ID, 
let us work on that.
  This is a great bill, and I offer my support, but there is more work 
to be done.
  Mr. Speaker, first, I would like to thank Mr. Hoyer, Mr. Conyers, Mr. 
Dodd in the Senate, Mr. Hall and Mr. Barcia of the Science Committee
  I rise in support of the Help America Vote Act, although there are 
issues that should still be resolved. After the election debacles of 
the past two years, I had hoped that we could have produced a perfect 
solution to the problems that plague our voting systems. Unfortunately, 
we did not. But I feel that that should not keep us from passing this 
landmark piece of legislation. This is a major civil rights initiative 
of this century.
  The bill we have before us takes a great stride toward giving the 
American people the fair and efficient system of voting that the 
American people deserve, but it should not be the final step. Even 
after this Act is signed into law, as I assume it will be, we must 
continue to be vigilant--looking for obstacles that disenfranchise 
legal voters, and removing those obstacles.
  As a Member of the Judiciary Committee and of the Science Committee, 
I have been actively involved in the development of this bill. Indeed, 
I served as a conferee on several parts of the legislation. In it, 
there is much in it to be pleased with. Voting is the cornerstone of 
any democracy, and must be above all suspicion. Every vote should be 
counted to ensure that every voter is being heard.
  One excellent provision of this bill is that it follows the 
recommendation of the National Commission on Election Reform by taking 
full advantage of the expertise and experience at the National 
Institute of Standards and Technology (NIST). NIST has long been 
reporting on voting standards and technologies, and should be the 
perfect group to direct and coordinate efforts to develop performance-
based standards for voting equipment. Such standards will improve the 
accuracy, integrity, and security of our polling systems.
  When this bill first came out of conference, it included language 
that would have forced any state employing these standards to pay 
royalties to the company that developed it, although those standards 
were developed with taxpayers funds. Thanks to a well-coordinated, 
bipartisan effort by us conferees from the Science Committee, this 
language was removed. We also ensured that once standards are created, 
that NIST will also be charged with accrediting the labs that will 
certify election equipment, to make it more likely that smart plans 
will translate into real benefits.
  Other victories have come in the field of purging of registered voter 
lists. Although purging of voter-rolls, may be a well-intentioned 
attempt to remove inappropriate votes from being cast--such purging has 
rarely, if ever, been done effectively and fairly. Done improperly, 
purging can be an expensive tool for discrimination or mistreatment. 
Consistently through the history of our nation, purging has been a 
mechanism for silencing minorities, and the socio-economically 
disadvantaged.

  In Florida alone, thousands of eligible voters have been 
misidentified as being as felons who are unable to vote: 3,700 before 
election 1998, and 11,000 before election 2000. There is no reason to 
think that this is a Florida-specific problem. This means that perhaps 
hundreds of thousands of American citizens, living in the richest 
Democracy in the world, are having their fundamental right to vote 
stripped due to clerical errors. This is absolutely unacceptable. I 
have fought to preserve language in this bill that will ensure that 
voters are not unfairly purged from the voting rolls. In Texas 
thousands of voters were purged from the rolls without notice. The 
language I insisted on adding requires notice to be given to the voter 
and two federal elections to occur before that voter would be purged.
  I know that this is a somewhat contentious piece of legislation. I 
had hoped that election reform would draw us all together in the name 
of reaffirming the principles of democracy. There are several groups, 
whose opinions I deeply respect, who feel we should reject this bill 
because it is not perfect. They are, as I am, concerned that some 
provisions--such as the reliance on driver's licenses and social 
security numbers and utility bills as forms of identification--could be 
used to disenfranchise the elderly, the disabled, the homeless, racial 
and ethnic minorities who might not have such documentation. This would 
bring about a disproportionate burden on voters who deserve to vote and 
have their vote counted.
  We are also worried that simple errors in filling out registration 
forms--such as the failure to check a box, or to supply a driver's 
license number--could jeopardize a person's ability to vote. Such 
restrictions could significantly hamper the efforts of get-out-the-vote 
campaigns that enable hundreds of thousands of Americans to take part 
in the Democratic process each election year. There will always be a 
balancing-act between making it easy for people to vote, and making it 
difficult for people to commit voter-fraud. Although it is not perfect, 
I feel the present bill is a decent compromise.

[[Page H7850]]

  As the world's greatest Democracy, we must ensure that our elections 
meet the highest standards of integrity. Pushing the cause of Democracy 
is primary part of our foreign policy. The eyes of the world are upon 
us every two years as Americans go to the polls. It is a disservice, 
not only to the American people, but to all people around the world who 
aspire to our level of freedom--when we sink to the lows that were seen 
in Florida in 2000, and again this year.
  The Help America Vote Act of 2002, will set the bar for our 
elections, and election-systems of the future. We should always seek to 
raise that bar as technology improves and obstacles are recognized. 
However, with elections upcoming, now is the perfect time to 
demonstrate our commitment to progress in making each vote count. Mr. 
Speaker, I support the Help America Vote Act, and urge my colleagues to 
do the same, and look forward to the bill being fully funded.
  Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Illinois (Ms. Schakowsky), a member of the Waters Commission on which I 
also had the opportunity to serve.
  Ms. SCHAKOWSKY. Mr. Speaker, I want to congratulate the gentleman 
from Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) for 
succeeding in bringing forward an election reform bill that will help 
move our election system into the 21st century. I thank the gentleman 
from Maryland (Mr. Hoyer) for making this a top priority and 
relentlessly fighting for its passage.
  I had the privilege of being one of the vice chairs of the Democratic 
Caucus Special Committee on Election Reform under the able leadership 
of our chairwoman, the gentlewoman from California (Ms. Waters), who 
tirelessly traveled the country holding many hearings. From young and 
old voters, people of color and with disabilities, we heard a clear 
message. Without minimum election standards and a commitment of Federal 
dollars, voters will continue to be disenfranchised and history doomed 
to repeat itself.
  I am particularly pleased that this legislation includes a crucial 
proposal similar to legislation I introduced last year, the Provisional 
Voting Rights Act of 2001. Under provisional voting, duly registered 
voters can feel confident that if their name does not appear on the 
registration list they will be permitted to vote. They will not have to 
go to a police station or leave the polling place in order to get their 
provisional ballot.
  Any meaningful election reform proposal must include this measure and 
the Help Americans Vote Act does.

                              {time}  2145

  It is not perfect, but it will bring us closer to ensuring that every 
citizen can vote and every vote will be counted.
  Mr. HOYER. Mr. Speaker, I yield myself the balance of my time.
  We come now to the end of this debate. It has been a short debate, 
too short a debate; but it has been a long road from November 2000 to 
today. It was a road taken by many people.
  Paul Vinovich, the chief counsel of our committee, Chet Kalis, who 
has done an extraordinary job on this bill and was one of the anchors, 
in my opinion, as we worked through this bill. Roman Buehler, who had 
strong contributions to this bill and a great knowledge that he brought 
to the consideration of this bill. Pat Leahy, who did an extraordinary 
job himself. Matt Petersen, Maria Robinson, Keith Abouchar, Dr. 
Abouchar, of my staff, who from the very first of this bill has worked 
daily on its provisions. Len Shambon, Bill Cable, Matt Pinkus, Noah 
Wofsy, Bob Bean, Neil Volz, who are no longer with us; and Beth Stein, 
who now works in the Senate.
  All of these staffers have played an extraordinary role.
  Mr. Speaker, I acknowledged earlier the Speaker of the House. I want 
to acknowledge the gentleman from Missouri (Mr. Gephardt), who was 
steadfast in his support of this process and whose help was absolutely 
critical to the final product and who met with the gentleman from Ohio 
(Mr. Ney) and me when we requested him to do so to discuss how we could 
move this bill forward.
  And then, Mr. Speaker, let me say to the gentleman from Florida (Mr. 
Young), who is on the floor here today, that the gentleman from the 
State of Florida, the chairman of the Committee on Appropriations, my 
dear and close friend, one of the giants of this institution, his 
commitment to funding this legislation was and is absolutely critical. 
He and the Speaker have been extraordinarily supportive. And now we 
come to a challenge to get the $2 billion that we are going to need for 
this year and the $1 billion after that and the $1 billion after that 
to ensure that this is not an empty promise.
  Mr. Speaker, there are two bills I think that when I end my career I 
will look back on as being the most important bills in which I was 
involved: one that I had the privilege of sponsoring, the Americans 
with Disabilities Act, and this bill I have had the privilege of 
cosponsoring with my friend, the gentleman from Ohio (Mr. Ney).
  There was an article in the paper just a few days ago talking about 
the gentleman from Ohio and me and our relationship and how we worked 
together in a nonpartisan fashion. Not in a bipartisan fashion, but in 
a nonpolitical, nonpartisan fashion, knowing full well that Americans 
expect us to work together to make sure this institution works as well 
as it possibly can, with fairness to all 435 Members. I am blessed by 
the fact that the gentleman from Ohio is committed to that objective 
and he runs an open, fair, and effective committee. I am pleased and 
honored to be his colleague.
  I want to say as well that I am honored to have served in this House 
that has come to this day in a bipartisan fashion. When the roll is 
called, we are going to see the overwhelming majority of Republicans 
and the overwhelming majority of Democrats vote to ensure that every 
American not only has the right to vote but will be assured that this 
greatest of democracies will ensure that every individual, high or low, 
black or white, rich or poor, will be assured that their vote will 
count.
  Mr. NEY. Mr. Speaker, I yield myself the balance of my time.
  It has been said that this bill will make it easier to vote and 
harder to cheat, and that is true; but this bill goes way beyond a 
simple phrase, and I want to thank everybody that has made this bill 
possible.
  I want to thank the people who worked on the Ford-Carter Commission, 
obviously, Presidents Ford and Carter. Their commission performed a 
tremendous service and their recommendations had a profound effect. I 
had the pleasure 2 days ago to be able to talk personally to Presidents 
Ford and Carter, and they expressed their tremendous support for this 
measure and their thanks to the Congress for passing it.
  I want to thank the members of the conference committee. First, of 
course, the gentleman from Maryland (Mr. Hoyer). If it were not for the 
gentleman from Maryland, and he came to me and he proposed the ideas 
and he had a vision, if it were not for him, we simply would not have 
had the product in the direction obviously out of the House to be where 
we are at today, and I want to thank him for his integrity. He is a 
distinguished ranking member. He heeded the call to make elections 
work, to restore the faith in our system; and without his persistence 
and gentle persuasion at critical moments, this bill would not have 
been possible. And I want to thank him for what he has done for his 
country and for the citizens.
  I want to recognize the gentleman from Michigan (Mr. Ehlers), who 
provided invaluable support for the scientific end of it; the gentleman 
from New York (Mr. Reynolds), whose concern over the rights of military 
and overseas voters are strongly reflected in this bill; the gentleman 
from California (Mr. Doolittle), who insisted on strong anti-fraud and 
privacy protections; the gentleman from Arizona (Mr. Stump) and the 
gentleman from New York (Mr. McHugh), from the Committee on Armed 
Services, who helped to make this bill a landmark piece of legislation 
for military voters; the gentleman from Illinois (Mr. Kirk).
  And although he is not a conferee, I want to especially mention the 
gentleman from Indiana (Mr. Buyer), whose detailed input on the 
military voting issue significantly improved the bill. The gentleman 
from California (Mr. Thomas) and the gentleman from Florida (Mr. Shaw), 
from the Committee on Ways and Means, should be given the credit for 
crafting the provisions to protect voter privacy. The gentleman from 
New York (Mr. Boehlert)

[[Page H7851]]

and the gentlewoman from Maryland (Mrs. Morella) made sure also that 
the voice of the scientific community came through.
  I also want to pay special tribute to the gentleman from Missouri 
(Mr. Blunt), the chief deputy whip, whose advice and guidance through 
the process based on his experience as the Missouri Secretary of State 
was essential to the final compromise.
  I also want to thank the Members on the minority side who served on 
the conference committee: the gentleman from Pennsylvania (Mr. Fattah), 
the gentleman from Florida (Mr. Davis), who are tremendous Members. We 
are very blessed on House Administration, on both sides of the aisle, 
to have such terrific members: the gentleman from Missouri (Mr. 
Skelton) and the gentleman from Michigan (Mr. Conyers), who gave advice 
and who was always willing to be there; the gentleman from Michigan 
(Mr. Barcia); the gentlewoman from Texas (Ms. Jackson-Lee); the 
gentleman from New York (Mr. Rangel); and the gentleman from Rhode 
Island (Mr. Langevin), whose support on the disabilities issue was 
tremendous; the gentlewoman from Texas (Ms. Eddie Bernice Johnson), who 
always was concerned through the whole process to be part of it; and 
many other Members, Mr. Speaker.
  I especially wanted to thank also the gentleman from Missouri (Mr. 
Gephardt), who met with the gentleman from Maryland (Mr. Hoyer) and me, 
and also I want to thank the Speaker of the House, the gentleman from 
Illinois (Mr. Hastert), whose unwavering support through the past 2 
years kept this process on track and has gotten us to where we are 
today. He had the commitment and the faith this could be done. And Mike 
Stokke, his staff member.
  I want to thank the groups whose efforts and support made this 
possible: the National Association of Counties, including their staff, 
Ralph Tabour; the National Association of Secretaries of State, 
including our Secretary of State Ken Blackwell of Ohio, who picked up 
the phone on the first day after the gentleman from Maryland (Mr. 
Hoyer) and I got together and said he wanted to be a part of the 
process to help, through the Secretaries of State; Ron Thornburg, past 
president of NASS, Secretary of State for Kansas; also Sharon Priest, 
Secretary of State of Arkansas, valuable input, and their executive 
director, Leslie Reynolds.
  The National Conference of State Legislatures, NCSL, including 
Speaker Marty Stephens from Utah and staff Susan Parnes-Frederick. The 
Election Center and their executive director, Doug Lewis. The National 
Federation of the Blind, including their staff Jim McCarthy. The 
National Commission on Federal Election Reform, executive director 
Phillip Zelikow.
  And I want to mention our staff for their extraordinary, and I mean 
extraordinary, efforts. People talk about conference committees. There 
were discussions and they started at 10 a.m. and they ended at 3:15 and 
then started the next day at 8 a.m. and they ended at 2:15. There was a 
great deal of time put in on a very technical bill.
  But I want to thank, from the Committee on House Administration, Paul 
Vinovich, our staff director, Chet Kalis, Roman Buhler, Matt Petersen, 
Pat Leahy, Maria Robinson, Chris Krueger, and also Will Heaton, our 
chief of staff of our personnel office, who kept that going. Not with 
us today, Neil Volz, who was originally in the process, and Jim Forbes, 
who was press secretary then, and our current press secretary, Brian 
Walsh. All of them had an integral part in making this happen.
  For the gentleman from Maryland (Mr. Hoyer) and the staff of the 
Committee on House Administration, Bill Cable, Keith Abouchar, Lenny 
Shambon, all were extremely valuable.
  Mr. Speaker, I want to thank my wife, Liz, and my son, Bobby, and my 
daughter, Kayla, for putting up with me not spending enough time with 
them in the last couple of weeks.
  Also the staff of Senator Chris Dodd: Kennie Gill and Ronnie 
Gillespie and Sean Marr. The staff of Senator Mitch McConnell: Brian 
Lewis and Leon Sequeria. For Senator Kit Bond: Julie Damman and Jack 
Bartling. And especially legislative counsel Noah Wofsy for the House 
and Jim Scott for the Senate.
  From the Senate side, there is no question the integrity, the desire, 
the vision, the perseverance of Senator Dodd. If it were not for that, 
we also would not be here tonight. He has done something that will live 
on for a long time, also along with the other two Senators, Mitch 
McConnell and Kit Bond.
  As I said at the beginning of this process, Mr. Speaker, so many 
months ago, that for this effort to succeed we would have to be doing 
it in a bipartisan manner. We are about to witness the realization and 
fulfillment of that prediction.
  I am grateful to my friends on the other side of the aisle, as well 
as on the other side of the Capitol, for their willingness to put 
partisanship aside and work together to produce this much-needed piece 
of legislation for the American people.
  The United States of America is the world's greatest democracy. We 
need an election system that is worthy of that legacy. This bill will 
give us an election system that all Americans can have pride in. 
Langston Hughes, the poet, wrote, ``Dream your dreams, but be willing 
to pay the sacrifice to make them come true.'' Our veterans have 
sacrificed with their blood, from the beginning of this country through 
the revolution, to make sure we can be here tonight to debate and argue 
all these points that are important to us. And on top of that, people 
died to get the right to vote in this country. We cannot forget that.
  So, therefore, this bill is important. This is the bill that is going 
to produce, long after we are gone, the results that we need to have 
faith in the system.
  In closing, Mr. Speaker, we talk about what we can do for our 
constituency, and there are a lot of issues. We debate important 
issues, such as if we are going to go to war or not, and issues 
important to our domestic agenda. But people have to be here to be able 
to vote on those issues. They have to be elected at all levels 
throughout the United States. And the greatest gift we can give, as 
Members of this House tonight, the greatest gift we can give to our 
constituency is to vote for this measure and take back to our 
constituency the ability to have them have faith in the system; a 
knowledge that tonight America did her work on the floor of this House, 
as boards of elections do their work every single election across our 
great country.
  And also Members can take the gift back to their people that tonight 
the body politic worked for the good of the people. The body politic 
did something that, again, long after we are gone, people will benefit 
from. Tonight America shines. We need everyone's vote and support.
  Mr. DAVIS of Illinois. Mr. Speaker, I wish to express my support for 
the conference bill on election reform, H.R. 3295. Members of both 
parties have worked very hard to reach agreement on this measure over 
several months. Although I am concerned that some of the bill's 
provisions relating to voter identification will not make it easier for 
new voters to cast their ballots, I believe this legislation represents 
significant progress in addressing the problems we witnessed in our 
last national election.
  I am especially pleased that the language in this bill relating to 
the accessibility of voting systems for people with disabilities 
reflects the stronger provisions for participation outlined in Mr. 
Langevin's July 9 motion to instruct, which I and several of my 
colleagues cosponsored.
  Thanks to Mr. Shimkus and Mr. Ehrlich for their help in making the 
conferees aware of the importance of these provisions. Their 
recognition that this bill must ensure people with disabilities will be 
able to exercise their fundamental right to cast a secret ballot 
demonstrates that full participation in the electoral process by all 
Americans is truly a bipartisan concern.
  I commend the members of the conference committee for their work on 
this bill and I urge its passage.
  Ms. SOLIS. Mr. Speaker, I rise to express my concerns about the Help 
America Vote Act Conference Report, H.R. 3295. I am pleased that this 
conference report includes provisions that help voters in the greater 
Los Angeles area. For example, it provides money for the upgrade of our 
voting system. This will greatly assist the Los Angeles County 
Registrar Recorder and County Clerk transition out of the punch-card 
voting system.
  However, I'm disappointed that this conference agreement also 
includes provisions that can lead to the disproportionate 
disenfranchisement of our Nation's minority voters. It requires first-
time voters who register by mail

[[Page H7852]]

to bring current photo identification to the polls or a copy of a 
current utility bill, bank statement, paycheck, or other government 
document that shows the name and current address of the voter. Our 
Federal courts have recognized that the use of a photo ID causes a 
disparate impact on ethnic and racial minority communities. 
Nevertheless, the photo ID requirement is still part of this bill.
  Also problematic is the variation in consequences for failing to meet 
presumably equal voting prerequisites--being a citizen and being over 
the age of 18. Unfortunately, this bill has harsher consequences for 
voters who inadvertently forget to check a box affirming their 
citizenship than for voters who forget to certify they are 18 or older. 
This may lead to the disenfranchisement of voters who are English 
language learners or new to the voting system, including Latinos and 
Asians.
  In addition, I am concerned about the provision that restricts access 
to information about provisional ballots to the individual who cast 
that ballot. Unquestionably, the confidentiality of votes cast as well 
as personal information should be protected. But information about 
provisional ballots such as where they were issued, should not be 
hidden from commissions that review and ensure fair voting. Based on 
this provision, it is unclear if commissions would have full access to 
information that would help them determine any inconsistencies in the 
provisional voting process.
  While this bill is called the Help America Vote Act, I am afraid it 
may not help the fastest growing population in America--Latinos--vote.
  Mr. HOLT. Mr. Speaker, I support the Help America Vote Act and 
applaud Representatives Hoyer and Ney for their good work on this 
legislation.
  The turmoil surrounding the 2000 Presidential election showed our 
Nation that we need to improve the instruments of voting and the means 
of electing our office holders. Even the Supreme Court Justices spoke 
of the need for uniform voting procedures. This bill does much to 
advance democracy.
  Many of the problems with our electoral process lie in the 
disparities of our voting system. For instance, while some counties 
have modern voting machines that leave little room for error, others 
use dated punch-card ballots that can lead to the now-famous hanging 
and dimpled chads. In fact, studies show that 18 percent of Americans 
vote using technology that prevailed around the time Thomas Edison 
invented the light bulb. And nearly 33 percent of Americans vote by 
punching out chads, a system implemented during the Johnson 
administration. Yet many States and localities continue to use these 
outdated systems because of the exorbitant cost to replace them.
  This bill takes many important steps towards that much-needed 
electoral reform. The Help America Vote Act would create the Election 
Assistance Commission and authorizes studies to analyze issues ranging 
from ballot design to voter accessibility.
  However, this legislation goes beyond studies and agencies. It would 
authorize over $400 million to buyout existing punch card voting 
devices from states and counties. Moreover, this legislation will 
provide $2.25 billion to establish and maintain more accurate voter 
registration lists.
  The bill also establishes minimum standards for State election 
systems. These standards include uniform means for determining what 
constitutes a vote on different types of equipment, sets new standards 
to accommodate individuals with disabilities, gives voters the 
opportunity to correct voting errors, ensures that uniformed and 
overseas voters have their votes counted, and requires more accurate 
registration lists.
  Moreover, this bill authorizes the Attorney General to monitor and 
enforce these standards.
  I am happy to support this bill as a step ahead in civil and voting 
rights.
  Mr. BOEHLERT. Mr. Speaker, I rise in strong support of the Help 
America Vote Act, a bill that is the product of many days and nights of 
hard work on both sides of the aisle and both Houses of Congress. It is 
the product, too, of the collaborative efforts of the Science Committee 
and the House Administration Committee.
  This bill is a carefully constructed compromise. It expands the right 
to vote by requiring that states allow provisional voting. It includes 
commonsense measures to prevent fraud. And, by providing over $3 
billion to States to buy out antiquated voting machines, train poll 
workers, educate voters, and improve the administration of Federal 
elections, the bill helps ensure that fiscally strapped States and 
localities will still be able to meet the tough requirements the bill 
imposes.
  But perhaps one of the most fundamental reforms--taken from 
provisions passed by the Science Committee last year--is the 
improvement the bill makes in the way technical standards are developed 
for voting equipment. Most Americans pay no attention to this arcane 
field of technical specifications, tolerances, and error rates--and 
that's as it should be. For when it goes right, no one notices.
  But when it goes wrong--when the chads of punch card ballots don't 
align correctly, or when electronic voting machines automatically shut 
down before the polls are supposed to--the entire world quickly becomes 
all too familiar with its technical vocabulary.
  Strong technical standards will become even more important as the 
country strives to live up to the new requirements of this bill, 
especially the requirement that each state compile a computerized 
database of all its registered voters. Such lists will surely make vast 
improvements in how America votes, but if they are not also to expose 
us to the misdeeds of hackers and other cyber criminals, we must 
develop robust computer security standards to protect these systems.
  I want to thank Mr. Ney, the chairman of the House Administration 
Committee, for his hard work on crafting this bill and his willingness 
to include provisions of the Science Committee's to strengthen the way 
critical, but often overlooked, voting equipment standards are 
developed.
  I urge my colleagues to support this important bill.
  Mrs. JONES of Ohio. Mr. Speaker, I rise to talk about a piece of 
legislation that, if passed, will remove the barriers that have blocked 
many American citizens' right to vote. If Congress agrees to the 
passage of H.R. 3295, the Help America Vote Act of 2002, antiquated 
machines will be replaced, adequate assistance will be provided for our 
Nation's elections, nondiscriminatory and uniform requirements would be 
enforced, improved military and overseas voters ballot access will be 
provided, and the opportunity for young Americans to be involved in the 
voting process will be established.
  Without legislation that helps Americans to have their vote count, 
barriers of participation will continue to plague many of our 
communities, and; therefore, increase the growing number of outdated 
voting equipment, alleged intimidation by police and lack of 
translators, as mandated by law.
  As recent as the last Presidential election, the National Association 
for the Advancement of Colored People, NAACP, requested an 
investigation into the voting practices. The 14th amendment, which 
ensures equal protection under the law, was the basis for the Supreme 
Court's decision not to allow recounting in Florida. Ironically, an 
amendment designed in 1866 to protect the rights of minorities was used 
to protect a system which disenfranchised them in 2000.
  It is also interesting that in addition to the votes that were not 
counted in Florida, there were voting irregularities in the 11th 
Congressional District of Ohio. Thousands of voters on the mostly 
African American east side of Cleveland, OH, went to vote, only to be 
turned away. Because of a 1996 State law cutting Cleveland precincts by 
a quarter, their polling places had been changed. The Cuyahoga County 
Board of Elections said that it sent postcards to registered voters 
telling them of the switch. But of 85 African Americans who were asked 
about the postcards during 2\1/2\ days of interviews done by the Los 
Angeles Times, only one said he received notification.
  ``I never got a card, never,'' said Francis Lundrum, an East 
Cleveland native. He said he bellowed at an election worker: ``I am a 
veteran of the United States armed forces! I want to vote!''
  It did no good.
  Lundrum and the others who were turned away should have been given 
provisional ballots, to be certified later. Among those who did not get 
a voting ballot was Chuck Conway, Jr., who stated, ``I think there was 
some stinky stuff going on.''
  As a U.S. Representative, it truly saddens me to hear of voting 
irregularities, not only with my constituency, but to all who were not 
afforded the right to have their vote count. I urge my colleagues to 
seriously consider what will happen to the future of our democratic 
process if we do not pass this sensible piece of legislation. It is my 
hope that for our next general election cycle, Americans can proudly 
say that every vote does count. I urge my colleagues to vote in favor 
of H.R. 3295.
  Ms. McCARTHY of Missouri. Mr. Speaker, I rise in support of the 
conference report on H.R. 3295, the Help American Vote Act. I 
wholeheartedly endorse the meaningful collaboration of the bipartisan 
group, led by my colleagues Congressman Ney and Congressman Hoyer.
  The Help American Vote Act corrects the mistakes with our election 
system that were highlighted in the aftermath of the 2000 election. I 
have seen firsthand the challenges inadequately equipped polling places 
and poorly trained poll workers pose to our communities. This measure 
will go far in ensuring everyone's right and access to a vote.
  I introduced bipartisan election reform legislation to establish a 
federal grant program to provide assistance to States for modernizing

[[Page H7853]]

and enhancing voting procedures and administration. The substantive 
changes that my legislation proposes are contained in the detailed 
election reform conference report we will pass today. I applaud this 
bill because it provides states with both the standards and the funding 
to make real election reform happen. This legislation authorizes $3.0 
billion over 3 years--for a grant program administered by the 
commission to help States meet election requirements, train poll 
workers, provide voter education, and administer elections.
  The Help American Vote Act also requires States to abide by uniform 
and nondiscriminatory requirements, such as providing provisional 
ballots, implementing statewide voter registration databases and 
ensuring that each precinct has at least one machine that is accessible 
to the disabled. It also establishes an Election Assistance Commission, 
a bipartisan commission that will issue voluntary guidelines, issue 
grants, and administer research grants, and pilot projects.
  Mr. Speaker, this bill would provide the most meaningful reform to 
our democratic election system since the civil rights laws were enacted 
in the 1960s. It is time to pass real election reform, time to Help 
American Vote. This legislation will restore the confidence of the 
American people in our election process and encourage all citizens to 
take part in one of the paramount processes that defines us as a 
nation. Strengthening our election system strengthens our democracy.
  Mr. Speaker, I urge my colleagues to vote ``yes'' on this conference 
report.
  Mr. VITTER. Mr. Speaker, I rise in support of the election reform 
conference report before us today.
  I have strongly advocated election reform in my home State of 
Louisiana in the past and continue to do so here in Congress. I am 
pleased that this legislation is a strong step toward correcting many 
of the flaws in the current system.
  Following the 2000 election, I was incensed that there would be any 
attempt by political operatives to disenfranchise our brave men and 
women in the Armed Services overseas. In response I introduced 
legislation to remedy the situation, and am pleased to see the 
conference report takes important measures similar to the ones I 
proposed to ensure military overseas ballots are counted. Our service 
personnel deserve no less.
  I applaud the efforts of the conference to address the issue of voter 
fraud as well. Statewide voting lists, presenting identification when 
voting, purging names from lists for those that do not vote, and 
strengthening penalties for those convicted of voting fraud will all 
help States deal with the problem of vote fraud, which is an assault on 
our democratic system.
  Lastly, I would like to commend the conferees for their work in 
helping ensure that the disabled have access to voting machines in each 
precinct. Voters should never be disenfranchised because of any sort of 
disability and I now hope Congress will follow through with funds.
  I would like to commend Chairman Ney, who met with me on a number of 
occasions to work on a variety of election reform issues, as well as 
Ranking Member Hoyer and all the conferees that worked out this 
compromise.
  I urge my colleagues to support the election reform conference 
report.
  Mr. HASTINGS of Florida. Mr. Speaker, I rise in strong support of the 
conference report of H.R. 3295, the Help America Vote Act.
  I begin by thanking my good friend from Maryland, Mr. Hoyer, for 
keeping this issue at the forefront of this body's agenda. Given the 
daunting task of bringing this conference report to the floor, the 
gentleman from Maryland has remained the voice of justice for the tens 
of thousands of Americans who had their right to vote stolen from them 
on Election Day 2000. I thank him for his work and leadership on this 
issue and so many others.
  Additionally, I commend the chairman from Ohio, Mr. Ney, for his 
continued efforts to get this bill to the floor. Even while Members of 
the chairman's own party were fighting against this bill and the 
President still refuses to make election reform a priority, I have 
never doubted the chairman's sincerity and resolve to get this bill 
passed.
  Mr. Speaker, 628 days have passed since Election Day 2000 and, until 
today, Congress has remained largely silent. Just last month, in 
Florida, my constituents reaped the first-hand benefits of Federal 
inaction. On November 5, voters throughout this country will be 
returning to the same broken election system of 2000 because it took 
Congress nearly 2 years to act.
  So, while I will ultimately support this conference report, I cannot 
come to the floor today with the same jubilation and admiration for 
this bill that some of my colleagues have. Frankly, we should be 
ashamed of ourselves. While we improved our homeland security, we 
neglected the integrity of our democracy.

  The conference report that the House is considering has many 
qualities that hold true to the title's implication. That is, the bill 
actually helps Americans vote. Improving voter accessibility, 
establishing statewide voter registration lists, determining what 
constitutes a vote, increasing voter education and poll worker 
training, and providing States with the dollars to meet these 
standards, are just a few of the good qualities of the report.
  However, this bill is not perfect by any means. The ID provisions in 
the report drastically alter voter registration and absentee voting 
procedures. The inclusion of these provisions will ultimately 
discourage and intimidate first-time and veteran voters alike. Further, 
the opt-out until 2006 provisions provide States with an opportunity to 
delay reform until after the next Presidential election. After the last 
election, I expected these provisions to be removed. But they weren't.
  Mr. Speaker, the passage of today's conference report is merely the 
first step in true election reform. Congress must now put its money 
where its mouth is and appropriate the $3.9 billion authorized in this 
report. Unfunded mandates are just lip service, and States need our 
help. If Congress fails to fund election reform in 2003, 2004, and 
2005, then we can count on many states opting our until 2006. This 
places the reliability of our election system in jeopardy for 4 more 
years.
  As I have said so many times before, we must never again find 
ourselves questioning the methods by which we choose our elected 
officials. Hopefully, we never will. After all, help is on the way--
though it may take a few years to get there.
  I urge my colleagues to support the conference report.
  The SPEAKER pro tempore (Mr. Simpson). All time for debate has 
expired.
  Without objection, the previous question is ordered on the conference 
report.
  There was no objection.
  The SPEAKER pro tempore. The question is on the conference report.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HOYER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 357, 
nays 48, not voting 26, as follows:

                             [Roll No. 462]

                               YEAS--357

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barrett
     Bartlett
     Barton
     Bass
     Bentsen
     Bereuter
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bono
     Boozman
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Calvert
     Camp
     Cantor
     Capito
     Capps
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Combest
     Condit
     Conyers
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dingell
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Ferguson
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Horn
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, Dan
     Miller, George
     Mollohan
     Moore

[[Page H7854]]


     Moran (VA)
     Morella
     Myrick
     Nadler
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Osborne
     Ose
     Owens
     Oxley
     Pallone
     Pascrell
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reynolds
     Riley
     Rivers
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott
     Serrano
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Terry
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Upton
     Visclosky
     Vitter
     Walden
     Walsh
     Waters
     Watkins (OK)
     Watson (CA)
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (FL)

                                NAYS--48

     Barr
     Becerra
     Bonilla
     Callahan
     Cannon
     Capuano
     Coble
     Collins
     Cubin
     Duncan
     Everett
     Filner
     Flake
     Gonzalez
     Goode
     Goodlatte
     Gutknecht
     Hoekstra
     Hostettler
     Istook
     Jones (NC)
     Kerns
     Kingston
     Lucas (OK)
     Mica
     Miller, Jeff
     Moran (KS)
     Napolitano
     Otter
     Pastor
     Paul
     Putnam
     Rodriguez
     Sabo
     Schaffer
     Sensenbrenner
     Sessions
     Smith (MI)
     Souder
     Thomas
     Thornberry
     Toomey
     Udall (NM)
     Velazquez
     Wamp
     Watt (NC)
     Watts (OK)
     Whitfield

                             NOT VOTING--26

     Berman
     Blagojevich
     Bonior
     Cooksey
     Coyne
     Dicks
     Ehrlich
     Ganske
     Gutierrez
     Houghton
     Jenkins
     King (NY)
     Lipinski
     Manzullo
     Matsui
     Miller, Gary
     Murtha
     Neal
     Ortiz
     Reyes
     Roukema
     Stump
     Sununu
     Taylor (NC)
     Waxman
     Young (AK)

                              {time}  2227

  Messrs. COBLE, COLLINS, JEFF MILLER of Florida, CANNON, OTTER, WAMP, 
FILNER, CAPUANO, WHITFIELD, SOUDER, HOEKSTRA, and Ms. VELAZQUEZ changed 
their vote from ``yea'' to ``nay.''
  Messrs. SAWYER, PETRI, GREEN of Texas, and OBEY changed their vote 
from ``nay'' to ``yea.''
  So the conference report was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore (Mr. Simpson). Without objection, the House 
insists on its disagreement to the Senate amendment to the title.
  There was no objection.

                          ____________________