[House Report 107-331]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-331

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PROVIDING FOR CONSIDERATION OF H.R. 3295, HELP AMERICA VOTE ACT OF 2001

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 December 11, 2001.--Referred to the House Calendar and ordered to be 
                                printed

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   Mr. Reynolds, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 311]

    The Committee on Rules, having had under consideration 
House Resolution 311, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration in the House of 
H.R. 3295, the Help America Vote Act of 2001, under a closed 
rule. The rule provides one hour of debate equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on House Administration.
    The rule waives all points of order against consideration 
of the bill. This includes a waiver of clause 4(a) of rule XIII 
requiring a three-day layover of the committee report.
    The rule provides that the amendment recommended by the 
Committee on House Administration now printed in the bill, 
modified by the amendment printed in this report, shall be 
considered as adopted.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                            committee votes

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 61

    Date: December 11, 2001.
    Measure: H.R. 3295.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment in the 
nature of a sunstitute offered by Mr. Menendez, which amends 
section 502(2)(A) to specify that voters may only be purged 
from the rolls consistent with the National Voter Registration 
Act of 1993. Strikes Section 902(a). Requires provisional 
voting for every voter, except in states with mail in voting. 
If a voter's name does not appear on the rolls, an election 
official at the polling place must notify the voter that a 
provisional ballot may be cast upon written affirmation, the 
ballot must be transferred to the appropriate State or local 
election official for prompt verification and tabulation, and 
the voter must be notified of the disposition and treatment of 
the vote. Requires that all voting systems and polling places 
must be accessible for disabled voters and voters with special 
needs, and provides those voters with the same opportunity for 
access and participation as other voters. Requires alternative 
language accessibility for those with limited proficiency in 
English, by 2006. Requires that a state's error rate does not 
exceed the determined voting systems error rate standard by 
2006. Requires the Attorney General to verify that the state 
certification is accurate and to enforce the minimum standards. 
Adds a new section 504, entitled Technical Specifications and 
Guidelines, that specifies that accessibility requirements of 
voting systems and polling places must be developed by the 
Architectural and Transportation Barrier Compliance Board, in 
consultation with the Election Assistance Commission and the 
Office of Civil Rights of the Department of Justice, which must 
develop provisional voting requirements, alternative language 
accessibility requirements, correction of errors in voting 
systems requirements, and voting error standards. Requires that 
these specifications and guidelines must be developed no later 
than one year after the enactment of this legislation. Requires 
that the minimum standards must apply no later than January 1, 
2006.
    Results: Defeated 3 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 62

    Date: December 11, 2001.
    Measure: H.R. 3295.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the Hastings of Florida 
amendment to amend the bill's section on minimum national 
standards to include full accessibility to polling places, as 
well as full accessibility to technology, for people with 
disabilities as a requirement for states to receive money. 
States must meet voluntary minimum standards to receive any 
funding.
    Results: Defeated 3 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; Hastings (FL)--Yea; Dreier--Nay.

            summary of amendment to be considered as adopted

    (Summaries derived from information provided by sponsors.)
    Ney--Manager's Amendment. Requires jurisdictions receiving 
funds under the punch card replacement program to ``consider 
the use of new technology by individuals with disabilities 
(including blindness).'' Specifies that the term ``physical 
disabilities'' includes blindness. Clarifies the Commission 
structure to demonstrate that the Election Assistance 
Commission (EAC) consists of the 4 members appointed by the 
President and in addition the Advisory Board and the Standards 
Board. Changes the appointment to the standards board from the 
chief state election official to a selected state election 
official. Requires states receiving funds to report to the EAC 
on how they were spent. Allows a single absentee ballot 
application from a military or overseas voter to suffice as an 
application for each subsequent election in the state, through 
the next 2 general federal elections. Requires states procuring 
new voting machines within their jurisdiction to ensure that 
they allow for second chance voting. Requires overseas and 
military voter participation to be separately reported. Strikes 
Title 7, which allowed official election mail to be mailed at 
50% of the first class rate. Inserts the term ``either'' in 
section 902, to clarify that a voter can only be removed from 
the registration rolls after the voter has both failed to vote 
in two consecutive elections for federal office, and not 
responded to a notice.

      text of amendment to be considered as adopted under the rule

  In section 102(a)(2), strike the semicolon and insert the 
following: ``, and will consider the use of new technology by 
individuals with disabilities (including blindness)''.
  Amend section 201 to read as follows:

SEC. 201. ESTABLISHMENT.

  There is hereby established as an independent entity in the 
executive branch the Election Assistance Commission (hereafter 
in this title referred to as the ``Commission''), consisting of 
the members appointed under this part. Additionally, there is 
established the Election Assistance Commission Standards Board 
(including the Executive Board of such Board) under part 2 and 
the Election Assistance Commission Board of Advisors under part 
2.
  In section 202(2), strike the semicolon and insert the 
following: ``, and providing information and training on the 
management of the grants provided under such subtitle;''.
  Amend section 213(a)(1)(A) to read as follows:
                  (A) 55 shall be State election officials 
                selected by the chief State election officials 
                of each State.
  In section 213(b)(1)--
          (1) in the matter preceding subparagraph (A), strike 
        ``a State'' and insert ``the chief State election 
        official of the State''; and
          (2) in subparagraph (A), strike ``the chief State 
        election official of the State'' and insert ``the 
        selected State election official''.
  In section 213(b)(2), strike ``chief election official'' and 
insert ``selected State election official''.
  In section 213(c)(1)(A), strike ``chief''.
  In section 221(a)(1)(D), insert ``(including blindness)'' 
after ``disabilities''.
  In the second sentence of section 221(a)(4), insert 
``(including blindness)'' after ``disabilities''.
  In section 231(b)(8), insert ``(including blindness)'' after 
``disabilities''.
  In section 233(a)(4), insert ``(including blindness)'' after 
``disabilities'' each place it appears in subparagraphs (A) and 
(B).
  Add at the end of part 1 of subtitle C of title II the 
following new section (and conform the table of contents 
accordingly):

SEC. 235. REPORTS.

  Not later than the 6 months after the end of each fiscal year 
for which a State received an Election Fund payment under this 
part, the State shall submit a report to the Commission on the 
activities conducted with the funds provided during the year, 
and shall include in the report--
          (1) a list of expenditures made with respect to each 
        category of activities described in section 231(b); and
          (2) the number and type of articles of voting 
        equipment obtained with the funds.
  In section 261(e)(4), insert ``(including blindness)'' after 
``disabilities''.
  In section 262(b), insert ``(including blindness)'' after 
``disabilities''.
  In section 502(1), strike ``a Statewide'' and insert ``an 
official Statewide''.
  In section 502(6), insert ``(including blindness)'' after 
``disabilities''.
  In the second sentence of section 502(7), strike ``replacing 
all voting machines within their jurisdiction'' and insert the 
following: ``procuring new voting machines within their 
jurisdiction, except for States and units replacing or 
supplementing existing equipment (within the same voting 
system),''.
  In section 104 of the Uniformed and Overseas Citizens 
Absentee Voting Act, as proposed to be amended by section 
604(b) of the bill--
          (1) in subsection (a), strike ``an application for'' 
        and all that follows and insert the following: ``an 
        application for an absentee ballot for each subsequent 
        election for Federal office held in the State through 
        the next 2 regularly scheduled general elections for 
        Federal office (including any runoff elections which 
        may occur as a result of the outcome of such general 
        elections), the State shall provide an absentee ballot 
        for each such election.''; and
          (2) in subsection (c)(1), strike ``during a year'' 
        and insert ``for which the voter may be provided an 
        absentee ballot under subsection (a)''.
  Amend section 605(c) to read as follows:
  (c) Providing Statistical Analysis of Voter Participation for 
Both Overseas Voters and Absent Uniformed Services Voters.--
Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is 
amended by striking ``a general assessment'' and inserting ``a 
separate statistical analysis''.
  Strike title VII (and redesignate the succeeding provisions 
and conform the table of contents accordingly).
  In the matter proposed to be inserted in section 8(b)(2) of 
the National Voter Registration Act of 1993 by section 902(a) 
of the bill, strike ``has not notified'' and insert ``has not 
either notified''.

                                
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