[House Report 107-730]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-730

======================================================================



 
                     HELP AMERICA VOTE ACT OF 2002

                                _______
                                

                October 8, 2002.--Ordered to be printed

                                _______
                                

   Mr. Ney, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 3295]

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

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

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

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 Part 1--Election Assistance Commission

Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Dissemination of information.
Sec. 207. Annual report.
Sec. 208. Requiring majority approval for actions.
Sec. 209. Limitation on rulemaking authority.
Sec. 210. Authorization of appropriations.

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

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

           Part 3--Technical Guidelines Development Committee

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

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

Sec. 231. Certification and testing of voting systems.

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

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

                     Subtitle D--Election Assistance

                      Part 1--Requirements Payments

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

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

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

      Part 3--Grants for Research on Voting Technology Improvements

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

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

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

                 Part 5--Protection and Advocacy Systems

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

            Part 6--National Student and Parent Mock Election

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

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

                        Subtitle A--Requirements

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

                     Subtitle B--Voluntary Guidance

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

                          TITLE IV--ENFORCEMENT

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

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

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

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

Sec. 601. Help America Vote Foundation.

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

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

                    TITLE VIII--TRANSITION PROVISIONS

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

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

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

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

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

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

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

    (a) In General.--Not later than 45 days after the date of 
the enactment of this Act, the Administrator of General 
Services (in this title referred to as the ``Administrator'') 
shall establish a program under which the Administrator shall 
make a payment to each State in which the chief executive 
officer of the State, or designee, in consultation and 
coordination with the chief State election official, notifies 
the Administrator not later than 6 months after the date of the 
enactment of this Act that the Stateintends to use the payment 
in accordance with this section.
    (b) Use of Payment.--
            (1) In general.--A State shall use the funds 
        provided under a payment made under this section to 
        carry out 1 or more of the following activities:
                    (A) Complying with the requirements under 
                title III.
                    (B) Improving the administration of 
                elections for Federal office.
                    (C) Educating voters concerning voting 
                procedures, voting rights, and voting 
                technology.
                    (D) Training election officials, poll 
                workers, and election volunteers.
                    (E) Developing the State plan for 
                requirements payments to be submitted under 
                part 1 of subtitle D of title II.
                    (F) Improving, acquiring, leasing, 
                modifying, or replacing voting systems and 
                technology and methods for casting and counting 
                votes.
                    (G) Improving the accessibility and 
                quantity of polling places, including providing 
                physical access for individuals with 
                disabilities, providing nonvisual access for 
                individuals with visual impairments, and 
                providing assistance to Native Americans, 
                Alaska Native citizens, and to individuals with 
                limited proficiency in the English language.
                    (H) Establishing toll-free telephone 
                hotlines that voters may use to report possible 
                voting fraud and voting rights violations, to 
                obtain general election information, and to 
                access detailed automated information on their 
                own voter registration status, specific polling 
                place locations, and other relevant 
                information.
            (2) Limitation.--A State may not use the funds 
        provided under a payment made under this section--
                    (A) to pay costs associated with any 
                litigation, except to the extent that such 
                costs otherwise constitute permitted uses of a 
                payment under this section; or
                    (B) for the payment of any judgment.
    (c) Use of Funds To Be Consistent With Other Laws and 
Requirements.--In order to receive a payment under the program 
under this section, the State shall provide the Administrator 
with certifications that--
            (1) the State will use the funds provided under the 
        payment in a manner that is consistent with each of the 
        laws described in section 906, as such laws relate to 
        the provisions of this Act; and
            (2) the proposed uses of the funds are not 
        inconsistent with the requirements of title III.
    (d) Amount of Payment.--
            (1) In general.--Subject to section 103(b), the 
        amount of payment made to a State under this section 
        shall be the minimum payment amount described in 
        paragraph (2) plus the voting age population proportion 
        amount described in paragraph (3).
            (2) Minimum payment amount.--The minimum payment 
        amount described in this paragraph is--
                    (A) in the case of any of the several 
                States or the District of Columbia, \1/2\ of 1 
                percent of the aggregate amount made available 
                for payments under this section; and
                    (B) in the case of the Commonwealth of 
                Puerto Rico, Guam, American Samoa, or the 
                United States Virgin Islands, \1/10\ of 1 
                percent of such aggregate amount.
            (3) Voting age population proportion amount.--The 
        voting age population proportion amount described in 
        this paragraph is the product of--
                    (A) the aggregate amount made available for 
                payments under this section minus the total of 
                all of the minimum payment amounts determined 
                under paragraph (2); and
                    (B) the voting age population proportion 
                for the State (as defined in paragraph (4)).
            (4) Voting age population proportion defined.--The 
        term ``voting age population proportion'' means, with 
        respect to a State, the amount equal to the quotient 
        of--
                    (A) the voting age population of the State 
                (as reported in the most recent decennial 
                census); and
                    (B) the total voting age population of all 
                States (as reported in the most recent 
                decennial census).

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

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

SEC. 103. GUARANTEED MINIMUM PAYMENT AMOUNT.

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

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 105. ADMINISTRATION OF PROGRAMS.

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

SEC. 106. EFFECTIVE DATE.

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

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 PART 1--ELECTION ASSISTANCE COMMISSION

SEC. 201. ESTABLISHMENT.

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

SEC. 202. DUTIES.

    The Commission shall serve as a national clearinghouse and 
resource for the compilation of information and review of 
procedures with respect to the administration of Federal 
elections by--
            (1) carrying out the duties described in part 3 
        (relating to the adoption of voluntary voting system 
        guidelines), including the maintenance of a 
        clearinghouse of information on the experiences of 
        State and local governments in implementing the 
        guidelines and in operating voting systems in general;
            (2) carrying out the duties described in subtitle B 
        (relating to the testing, certification, 
        decertification, and recertification of voting system 
        hardware and software);
            (3) carrying out the duties described in subtitle C 
        (relating to conducting studies and carrying out other 
        activities to promote the effective administration of 
        Federal elections);
            (4) carrying out the duties described in subtitle D 
        (relating to election assistance), and providing 
        information and training on the management of the 
        payments and grants provided under such subtitle;
            (5) carrying out the duties described in subtitle B 
        of title III (relating to the adoption of voluntary 
        guidance); and
            (6) developing and carrying out the Help America 
        Vote College Program under title V.

SEC. 203. MEMBERSHIP AND APPOINTMENT.

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

SEC. 204. STAFF.

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

SEC. 205. POWERS.

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

SEC. 206. DISSEMINATION OF INFORMATION.

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

SEC. 207. ANNUAL REPORT.

    Not later than January 31 of each year (beginning with 
2004), the Commission shall submit a report to the Committee on 
House Administration of the House of Representatives and the 
Committee on Rules and Administration of the Senate detailing 
its activities during the fiscal year which ended on September 
30 of the previous calendar year, and shall include in the 
report the following information:
            (1) A detailed description of activities conducted 
        with respect to each program carried out by the 
        Commission under this Act, including information on 
        each grant or other payment made under such programs.
            (2) A copy of each report submitted to the 
        Commission by a recipient of such grants or payments 
        which is required under such a program, including 
        reports submitted by States receiving requirements 
        payments under part 1 of subtitle D, and each other 
        report submitted to the Commission under this Act.
            (3) Information on the voluntary voting system 
        guidelines adopted or modified by the Commission under 
        part 3 and information on the voluntary guidance 
        adopted under subtitle B of title III.
            (4) All votes taken by the Commission.
            (5) Such other information and recommendations as 
        the Commission considers appropriate.

SEC. 208. REQUIRING MAJORITY APPROVAL FOR ACTIONS.

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

SEC. 209. LIMITATION ON RULEMAKING AUTHORITY.

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

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

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

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

SEC. 211. ESTABLISHMENT.

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

SEC. 212. DUTIES.

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

SEC. 213. MEMBERSHIP OF STANDARDS BOARD.

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

SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.

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

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

    (a) Hearings and Sessions.--
            (1) In general.--To the extent that funds are made 
        available by the Commission, the Standards Board 
        (acting through the Executive Board) and the Board of 
        Advisors may each hold such hearings for the purpose of 
        carrying out this Act, sit and act at such times and 
        places, take such testimony, and receive such evidence 
        as each such Board considers advisable to carry out 
        this title, except that the Boards may not issue 
        subpoenas requiring the attendance and testimony of 
        witnesses or the production of any evidence.
            (2) Meetings.--The Standards Board and the Board of 
        Advisors shall each hold a meeting of its members--
                    (A) not less frequently than once every 
                year for purposes of voting on the voluntary 
                voting system guidelines referred to it under 
                section 222;
                    (B) in the case of the Standards Board, not 
                less frequently than once every 2 years for 
                purposes of selecting the Executive Board; and
                    (C) at such other times as it considers 
                appropriate for purposes of conducting such 
                other business as it considers appropriate 
                consistent with this title.
    (b) Information From Federal Agencies.--The Standards Board 
and the Board of Advisors may each secure directly from any 
Federal department or agency such information as the Board 
considers necessary to carry out this Act. Upon request of the 
Executive Board (in the case of the Standards Board) or the 
Chair (in the case of the Board of Advisors), the head of such 
department or agency shall furnish such information to the 
Board.
    (c) Postal Services.--The Standards Board and the Board of 
Advisors may use the United States mails in the same manner and 
under the same conditions as a department or agency of the 
Federal Government.
    (d) Administrative Support Services.--Upon the request of 
the Executive Board (in the case of the Standards Board) or the 
Chair (in the case of the Board of Advisors), the Administrator 
of the General Services Administration shall provide to the 
Board, on a reimbursable basis, the administrative support 
services that are necessary to enable the Board to carry out 
its duties under this title.
    (e) No Compensation for Service.--Members of the Standards 
Board and members of the Board of Advisors shall not receive 
any compensation for their service, but shall be paid travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Board.

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

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

           PART 3--TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.

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

SEC. 222. PROCESS FOR ADOPTION.

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

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

SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS.

    (a) Certification and Testing.--
            (1) In general.--The Commission shall provide for 
        the testing, certification, decertification, and 
        recertification of voting system hardware and software 
        by accredited laboratories.
            (2) Optional use by states.--At the option of a 
        State, the State may provide for the testing, 
        certification, decertification, or recertification of 
        its voting system hardware and software by the 
        laboratories accredited by the Commission under this 
        section.
    (b) Laboratory Accreditation.--
            (1) Recommendations by national institute of 
        standards and technology.--Not later than 6 months 
        after the Commission first adopts voluntary voting 
        system guidelines under part 3 of subtitle A, the 
        Director of the National Institute of Standards and 
        Technology shall conduct an evaluation of independent, 
        non-Federal laboratories and shall submit to the 
        Commission a list of those laboratories the Director 
        proposes to be accredited to carry out the testing, 
        certification, decertification, and recertification 
        provided for under this section.
            (2) Approval by commission.--
                    (A) In general.--The Commission shall vote 
                on the accreditation of any laboratory under 
                this section, taking into consideration the 
                list submitted under paragraph (1), and no 
                laboratory may be accredited for purposes of 
                this section unless its accreditation is 
                approved by a vote of the Commission.
                    (B) Accreditation of laboratories not on 
                director list.--The Commission shall publish an 
                explanation for the accreditation of any 
                laboratory not included on the list submitted 
                by the Director of the National Institute of 
                Standards and Technology under paragraph (1).
    (c) Continuing Review by National Institute of Standards 
and Technology.--
            (1) In general.--In cooperation with the Commission 
        and in consultation with the Standards Board and the 
        Board of Advisors, the Director of the National 
        Institute of Standards and Technology shall monitor and 
        review, on an ongoing basis, the performance of the 
        laboratories accredited by the Commission under this 
        section, and shall make such recommendations to the 
        Commission as it considers appropriate with respect to 
        the continuing accreditation of such laboratories, 
        including recommendations to revoke the accreditation 
        of any such laboratory.
            (2) Approval by commission required for 
        revocation.--The accreditation of a laboratory for 
        purposes of this section may not be revoked unless the 
        revocation is approved by a vote of the Commission.
    (d) Transition.--Until such time as the Commission provides 
for the testing, certification, decertification, and 
recertification of voting system hardware and software by 
accredited laboratories under this section, the accreditation 
of laboratories and the procedure for the 
testing,certification, decertification, and recertification of voting 
system hardware and software used as of the date of the enactment of 
this Act shall remain in effect.

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

SEC. 241. PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES.

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

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

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

SEC. 243. REPORT ON HUMAN FACTOR RESEARCH.

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

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

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

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

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

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

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

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

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

                    Subtitle D--Election Assistance

                     PART 1--REQUIREMENTS PAYMENTS

SEC. 251. REQUIREMENTS PAYMENTS.

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

SEC. 252. ALLOCATION OF FUNDS.

    (a) In General.--Subject to subsection (c), the amount of a 
requirements payment made to a State for a year shall be equal 
to the product of--
            (1) the total amount appropriated for requirements 
        payments for the year pursuant to the authorization 
        under section 257; and
            (2) the State allocation percentage for the State 
        (as determined under subsection (b)).
    (b) State Allocation Percentage Defined.--The ``State 
allocation percentage'' for a State is the amount (expressed as 
a percentage) equal to the quotient of--
            (1) the voting age population of the State (as 
        reported in the most recent decennial census); and
            (2) the total voting age population of all States 
        (as reported in the most recent decennial census).
    (c) Minimum Amount of Payment.--The amount of a 
requirements payment made to a State for a year may not be less 
than--
            (1) in the case of any of the several States or the 
        District of Columbia, \1/2\ of 1 percent of the total 
        amount appropriated for requirements payments for the 
        year under section 257; or
            (2) in the case of the Commonwealth of Puerto Rico, 
        Guam, American Samoa, or the United States Virgin 
        Islands, \1/10\ of 1 percent of such total amount.
    (d) Pro Rata Reductions.--The Administrator shall make such 
pro rata reductions to the allocations determined under 
subsection (a) as are necessary to comply with the requirements 
of subsection (c).
    (e) Continuing Availability of Funds After Appropriation.--
A requirements payment made to a State under this part shall be 
available to the State without fiscal year limitation.

SEC. 253. CONDITION FOR RECEIPT OF FUNDS.

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

SEC. 254. STATE PLAN.

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

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

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

SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT.

    For purposes of section 251(a)(1)(C), a State plan meets 
the public notice and comment requirements of this section if--
            (1) not later than 30 days prior to the submission 
        of the plan, the State made a preliminary version of 
        the plan available for public inspection and comment;
            (2) the State publishes notice that the preliminary 
        version of the plan is so available; and
            (3) the State took the public comments made 
        regarding the preliminary version of the plan into 
        account in preparing the plan which was filed with the 
        Commission.

SEC. 257. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 258. REPORTS.

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

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

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

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

SEC. 262. AMOUNT OF PAYMENT.

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

SEC. 263. REQUIREMENTS FOR ELIGIBILITY.

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

SEC. 264. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 265. REPORTS.

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

     PART 3--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

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

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

SEC. 272. REPORT.

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

SEC. 273. AUTHORIZATION OF APPROPRIATIONS.

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

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

SEC. 281. PILOT PROGRAM.

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

SEC. 282. REPORT.

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

SEC. 283. AUTHORIZATION OF APPROPRIATIONS.

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

                PART 5--PROTECTION AND ADVOCACY SYSTEMS

SEC. 291. PAYMENTS FOR PROTECTION AND ADVOCACY SYSTEMS.

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

SEC. 292. AUTHORIZATION OF APPROPRIATIONS.

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

           PART 6--NATIONAL STUDENT AND PARENT MOCK ELECTION

SEC. 295. NATIONAL STUDENT AND PARENT MOCK ELECTION.

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

SEC. 296. AUTHORIZATION OF APPROPRIATIONS.

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

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

                        Subtitle A--Requirements

SEC. 301. VOTING SYSTEMS STANDARDS.

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

SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.

    (a) Provisional Voting Requirements.--If an individual 
declares that such individual is a registered voter in the 
jurisdiction in which the individual desires to vote and that 
the individual is eligible to vote in an election for Federal 
office, but the name of the individual does not appear on the 
official list of eligible voters for the polling place or an 
election official asserts that the individual is not eligible 
to vote, such individual shall be permitted to cast a 
provisional ballot as follows:
            (1) An election official at the polling place shall 
        notify the individual that the individual may cast a 
        provisional ballot in that election.
            (2) The individual shall be permitted to cast a 
        provisional ballot at that polling place upon the 
        execution of a written affirmation by the individual 
        before an election official at the polling place 
        stating that the individual is--
                    (A) a registered voter in the jurisdiction 
                in which the individual desires to vote; and
                    (B) eligible to vote in that election.
            (3) An election official at the polling place shall 
        transmit the ballot cast by the individual or the voter 
        information contained in the written affirmation 
        executed by the individual under paragraph (2) to an 
        appropriate State or local election official for prompt 
        verification under paragraph (4).
            (4) If the appropriate State or local election 
        official to whom the ballot or voter information is 
        transmitted under paragraph (3) determines that the 
        individual is eligible under State law to vote, the 
        individual's provisional ballot shall be counted as a 
        vote in that election in accordance with State law.
            (5)(A) At the time that an individual casts a 
        provisional ballot, the appropriate State or local 
        election official shall give the individual written 
        information that states that any individual who casts a 
        provisional ballot will be able to ascertain under the 
        system established under subparagraph (B) whether 
        the vote was counted, and, if the vote was not counted, 
        the reason that the vote was not counted.
            (B) The appropriate State or local election 
        official shall establish a free access system (such as 
        a toll-free telephone number or an Internet website) 
        that any individual who casts a provisional ballot may 
        access to discover whether the vote of that individual 
        was counted, and, if the vote was not counted, the 
        reason that the vote was not counted.
States described in section 4(b) of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-2(b)) may meet the 
requirements of this subsection using voter registration 
procedures established under applicable State law. The 
appropriate State or local official shall establish and 
maintain reasonable procedures necessary to protect the 
security, confidentiality, and integrity of personal 
information collected, stored, or otherwise used by the free 
access system established under paragraph (5)(B). Access to 
information about an individual provisional ballot shall be 
restricted to the individual who cast the ballot.
    (b) Voting Information Requirements.--
            (1) Public posting on election day.--The 
        appropriate State or local election official shall 
        cause voting information to be publicly posted at each 
        polling place on the day of each election for Federal 
        office.
            (2) Voting information defined.--In this section, 
        the term ``voting information'' means--
                    (A) a sample version of the ballot that 
                will be used for that election;
                    (B) information regarding the date of the 
                election and the hours during which polling 
                places will be open;
                    (C) instructions on how to vote, including 
                how to cast a vote and how to cast a 
                provisional ballot;
                    (D) instructions for mail-in registrants 
                and first-time voters under section 303(b);
                    (E) general information on voting rights 
                under applicable Federal and State laws, 
                including information on the right of an 
                individual to cast a provisional ballot and 
                instructions on how to contact the appropriate 
                officials if these rights are alleged to have 
                been violated; and
                    (F) general information on Federal and 
                State laws regarding prohibitions on acts of 
                fraud and misrepresentation.
    (c) Voters Who Vote After the Polls Close.--Any individual 
who votes in an election for Federal office as a result of a 
Federal or State court order or any other order extending the 
time established for closing the polls by a State law in effect 
10 days before the date of that election may only vote in that 
election by casting a provisional ballot under subsection (a). 
Any such ballot cast under the preceding sentence shall be 
separated and held apart from other provisional ballots cast by 
those not affected by the order.
    (d) Effective Date for Provisional Voting and Voting 
Information.--Each State and jurisdiction shall be required to 
comply with the requirements of this section on and after 
January 1, 2004.

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

    (a) Computerized Statewide Voter Registration List 
Requirements.--
            (1) Implementation.--
                    (A) In general.--Except as provided in 
                subparagraph (B), each State, acting through 
                the chief State election official, shall 
                implement, in a uniform and nondiscriminatory 
                manner, a single, uniform, official, 
                centralized, interactive computerized statewide 
                voter registration list defined, maintained, 
                and administered at the State level that 
                contains the name and registration information 
                of every legally registered voter in the State 
                and assigns a unique identifier to each legally 
                registered voter in the State (in this 
                subsection referred to as the ``computerized 
                list''), and includes the following:
                            (i) The computerized list shall 
                        serve as the single system for storing 
                        and managing the official list of 
                        registered voters throughout the State.
                            (ii) The computerized list contains 
                        the name and registration information 
                        of every legally registered voter in 
                        the State.
                            (iii) Under the computerized list, 
                        a unique identifier is assigned to each 
                        legally registered voter in the State.
                            (iv) The computerized list shall be 
                        coordinated with other agency databases 
                        within the State.
                            (v) Any election official in the 
                        State, including any local election 
                        official, may obtain immediate 
                        electronic access to the information 
                        contained in the computerized list.
                            (vi) All voter registration 
                        information obtained by any local 
                        election official in the State shall be 
                        electronically entered into the 
                        computerized list on an expedited basis 
                        at the time the information is provided 
                        to the local official.
                            (vii) The chief State election 
                        official shall provide such support as 
                        may be required so that local election 
                        officials are able to enter information 
                        as described in clause (vi).
                            (viii) The computerized list shall 
                        serve as the official voter 
                        registration list for the conduct of 
                        all elections for Federal office in the 
                        State.
                    (B) Exception.--The requirement under 
                subparagraph (A) shall not apply to a State in 
                which, under a State law in effect continuously 
                on and after the date of the enactment of this 
                Act, there is no voter registration requirement 
                for individuals in the State with respect to 
                elections for Federal office.
            (2) Computerized list maintenance.--
                    (A) In general.--The appropriate State or 
                local election official shall perform list 
                maintenance with respect to the computerized 
                list on a regular basis as follows:
                            (i) If an individual is to be 
                        removed from the computerized list, 
                        such individual shall be removed in 
                        accordance with the provisions of the 
                        National Voter Registration Act of 1993 
                        (42 U.S.C. 1973gg et seq.), including 
                        subsections (a)(4), (c)(2), (d), and 
                        (e) of section 8 of such Act (42 U.S.C. 
                        1973gg-6).
                            (ii) For purposes of removing names 
                        of ineligible voters from the official 
                        list of eligible voters--
                                    (I) under section 
                                8(a)(3)(B) of such Act (42 
                                U.S.C. 1973gg-6(a)(3)(B)), the 
                                State shall coordinate the 
                                computerized list with State 
                                agency records on felony 
                                status; and
                                    (II) by reason of the death 
                                of the registrant under section 
                                8(a)(4)(A) of such Act (42 
                                U.S.C. 1973gg-6(a)(4)(A)), the 
                                State shall coordinate the 
                                computerized list with State 
                                agency records on death.
                            (iii) Notwithstanding the preceding 
                        provisions of this subparagraph, if a 
                        State is described in section 4(b) of 
                        the National Voter Registration Act of 
                        1993 (42 U.S.C. 1973gg-2(b)), that 
                        State shall remove the names of 
                        ineligible voters from the computerized 
                        list in accordance with State law.
                    (B) Conduct.--The list maintenance 
                performed under subparagraph (A) shall be 
                conducted in a manner that ensures that--
                            (i) the name of each registered 
                        voter appears in the computerized list;
                            (ii) only voters who are not 
                        registered or who are not eligible to 
                        vote are removed from the computerized 
                        list; and
                            (iii) duplicate names are 
                        eliminated from the computerized list.
            (3) Technological security of computerized list.--
        The appropriate State or local official shall provide 
        adequate technological security measures to prevent the 
        unauthorized access to the computerized list 
        established under this section.
            (4) Minimum standard for accuracy of state voter 
        registration records.--The State election system shall 
        include provisions to ensure that voter registration 
        records in the State are accurate and are updated 
        regularly, including the following:
                    (A) A system of file maintenance that makes 
                a reasonable effort to remove registrants who 
                are ineligible to vote from the official list 
                of eligible voters. Under such system, 
                consistent with the National Voter Registration 
                Act of 1993 (42 U.S.C. 1973gg et seq.), 
                registrants who have not responded to a notice 
                and who have not voted in 2 consecutive general 
                elections for Federal office shall be removed 
                from the official list of eligible voters, 
                except that no registrant may be removed solely 
                by reason of a failure to vote.
                    (B) Safeguards to ensure that eligible 
                voters are not removed in error from the 
                official list of eligible voters.
            (5) Verification of voter registration 
        information.--
                    (A) Requiring provision of certain 
                information by applicants.--
                            (i) In general.--Except as provided 
                        in clause (ii), notwithstanding any 
                        other provision of law, an application 
                        for voter registration for an election 
                        for Federal office may not be accepted 
                        or processed by a State unless the 
                        application includes--
                                    (I) in the case of an 
                                applicant who has been issued a 
                                current and valid driver's 
                                license, the applicant's 
                                driver's license number; or
                                    (II) in the case of any 
                                other applicant (other than an 
                                applicant to whom clause (ii) 
                                applies), the last 4 digits of 
                                the applicant's social security 
                                number.
                            (ii) Special rule for applicants 
                        without driver's license or social 
                        security number.--If an applicant for 
                        voter registration for an election for 
                        Federal office has not been issued a 
                        current and valid driver's license or a 
                        social security number, the State shall 
                        assign the applicant a number which 
                        will serve to identify the applicant 
                        for voter registration purposes. To the 
                        extent that the State has a 
                        computerized list in effect under this 
                        subsection and the list assigns unique 
                        identifying numbers to registrants, the 
                        number assigned under this clause shall 
                        be the unique identifying number 
                        assigned under the list.
                            (iii) Determination of validity of 
                        numbers provided.--The State shall 
                        determine whether the information 
                        provided by an individual is sufficient 
                        to meet the requirements of this 
                        subparagraph, in accordance with State 
                        law.
                    (B) Requirements for state officials.--
                            (i) Sharing information in 
                        databases.--The chief State election 
                        official and the official responsible 
                        for the State motor vehicle authority 
                        of a State shall enter into an 
                        agreement to match information in the 
                        database of the statewide voter 
                        registration system with information in 
                        the database of the motor vehicle 
                        authority to the extent required to 
                        enable each such official to verify the 
                        accuracy of the information provided on 
                        applications for voter registration.
                            (ii) Agreements with commissioner 
                        of social security.--The official 
                        responsible for the State motor vehicle 
                        authority shall enter into an agreement 
                        with the Commissioner of Social 
                        Security under section 205(r)(8) of the 
                        Social Security Act (as added by 
                        subparagraph (C)).
                    (C) Access to federal information.--Section 
                205(r) of the Social Security Act (42 U.S.C. 
                405(r)) is amended by adding at the end the 
                following new paragraph:
    ``(8)(A) The Commissioner of Social Security shall, upon 
the request of the official responsible for a State driver's 
license agency pursuant to the Help America Vote Act of 2002--
            ``(i) enter into an agreement with such official 
        for the purpose of verifying applicable information, so 
        long as the requirements of subparagraphs (A) and (B) 
        of paragraph (3) are met; and
            ``(ii) include in such agreement safeguards to 
        assure the maintenance of the confidentiality of any 
        applicable information disclosed and procedures to 
        permit such agency to use the applicable information 
        for the purpose of maintaining its records.
    ``(B) Information provided pursuant to an agreement under 
this paragraph shall be provided at such time, in such place, 
and in such manner as the Commissioner determines appropriate.
    ``(C) The Commissioner shall develop methods to verify the 
accuracy of information provided by the agency with respect to 
applications for voter registration, for whom the last 4 digits 
of a social security number are provided instead of a driver's 
license number.
    ``(D) For purposes of this paragraph--
            ``(i) the term `applicable information' means 
        information regarding whether--
                    ``(I) the name (including the first name 
                and any family forename or surname), the date 
                of birth (including the month, day, and year), 
                and social security number of an individual 
                provided to the Commissioner match the 
                information contained in the Commissioner's 
                records, and
                    ``(II) such individual is shown on the 
                records of the Commissioner as being deceased; 
                and
            ``(ii) the term `State driver's license agency' 
        means the State agency which issues driver's licenses 
        to individuals within the State and maintains records 
        relating to such licensure.
    ``(E) Nothing in this paragraph may be construed to require 
the provision of applicable information with regard to a 
request for a record of an individual if the Commissioner 
determines there are exceptional circumstances warranting an 
exception (such as safety of the individual or interference 
with an investigation).
    ``(F) Applicable information provided by the Commission 
pursuant to an agreement under this paragraph or by an 
individual to any agency that has entered into an agreement 
under this paragraph shall be considered as strictly 
confidential and shall be used only for the purposes described 
in this paragraph and for carrying out an agreement under this 
paragraph. Any officer or employee or former officer or 
employee of a State, or any officer or employee or former 
officer or employee of a contractor of a State who, without the 
written authority of the Commissioner, publishes or 
communicates any applicable information in such individual's 
possession by reason of such employment or position as such an 
officer, shall be guilty of a felony and upon conviction 
thereof shall be fined or imprisoned, or both, as described in 
section 208.''.
                    (D) Special rule for certain states.--In 
                the case of a State which is permitted to use 
                social security numbers, and provides for the 
                use of social security numbers, on applications 
                for voter registration, in accordance with 
                section 7 of the Privacy Act of 1974 (5 U.S.C. 
                552a note), the provisions of this paragraph 
                shall be optional.
    (b) Requirements for Voters Who Register by Mail.--
            (1) In general.--Notwithstanding section 6(c) of 
        the National Voter Registration Act of 1993 (42 U.S.C. 
        1973gg-4(c)) and subject to paragraph (3), a State 
        shall, in a uniform and nondiscriminatory manner, 
        require an individual to meet the requirements of 
        paragraph (2) if--
                    (A) the individual registered to vote in a 
                jurisdiction by mail; and
                    (B)(i) the individual has not previously 
                voted in an election for Federal office in the 
                State; or
                    (ii) the individual has not previously 
                voted in such an election in the jurisdiction 
                and the jurisdiction is located in a State that 
                does not have a computerized list that complies 
                with the requirements of subsection (a).
            (2) Requirements.--
                    (A) In general.--An individual meets the 
                requirements of this paragraph if the 
                individual--
                            (i) in the case of an individual 
                        who votes in person--
                                    (I) presents to the 
                                appropriate State or local 
                                election official a current and 
                                valid photo identification; or
                                    (II) presents to the 
                                appropriate State or local 
                                election official a copy of a 
                                current utility bill, bank 
                                statement, government check, 
                                paycheck, or other government 
                                document that shows the name 
                                and address of the voter; or
                            (ii) in the case of an individual 
                        who votes by mail, submits with the 
                        ballot--
                                    (I) a copy of a current and 
                                valid photo identification; or
                                    (II) a copy of a current 
                                utility bill, bank statement, 
                                government check, paycheck, or 
                                other government document that 
                                shows the name and address of 
                                the voter.
                    (B) Fail-safe voting.--
                            (i) In person.--An individual who 
                        desires to vote in person, but who does 
                        not meet the requirements of 
                        subparagraph (A)(i), may cast a 
                        provisional ballot under section 
                        302(a).
                            (ii) By mail.--An individual who 
                        desires to vote by mail but who does 
                        not meet the requirements of 
                        subparagraph (A)(ii) may cast such a 
                        ballot by mail and the ballot shall be 
                        counted as a provisional ballot in 
                        accordance with section 302(a).
            (3) Inapplicability.--Paragraph (1) shall not apply 
        in the case of a person--
                    (A) who registers to vote by mail under 
                section 6 of the National Voter Registration 
                Act of 1993 (42 U.S.C. 1973gg-4) and submits as 
                part of such registration either--
                            (i) a copy of a current and valid 
                        photo identification; or
                            (ii) a copy of a current utility 
                        bill, bank statement, government check, 
                        paycheck, or government document that 
                        shows the name and address of the 
                        voter;
                    (B)(i) who registers to vote by mail under 
                section 6 of the National Voter Registration 
                Act of 1993 (42 U.S.C. 1973gg-4) and submits 
                with such registration either--
                            (I) a driver's license number; or
                            (II) at least the last 4 digits of 
                        the individual's social security 
                        number; and
                    (ii) with respect to whom a State or local 
                election official matches the information 
                submitted under clause (i) with an existing 
                State identification record bearing the same 
                number, name and date of birth as provided in 
                such registration; or
                    (C) who is--
                            (i) entitled to vote by absentee 
                        ballot under the Uniformed and Overseas 
                        Citizens Absentee Voting Act (42 U.S.C. 
                        1973ff-1 et seq.);
                            (ii) provided the right to vote 
                        otherwise than in person under section 
                        3(b)(2)(B)(ii) of the Voting 
                        Accessibility for the Elderly and 
                        Handicapped Act (42 U.S.C. 1973ee-
                        1(b)(2)(B)(ii)); or
                            (iii) entitled to vote otherwise 
                        than in person under any other Federal 
                        law.
            (4) Contents of mail-in registration form.--
                    (A) In general.--The mail voter 
                registration form developed under section 6 of 
                the National Voter Registration Act of 1993 (42 
                U.S.C. 1973gg-4) shall include the following:
                            (i) The question ``Are you a 
                        citizen of the United States of 
                        America?'' and boxes for the applicant 
                        to check to indicate whether the 
                        applicant is or is not a citizen of the 
                        United States.
                            (ii) The question ``Will you be 18 
                        years of age on or before election 
                        day?'' and boxes for the applicant to 
                        check to indicate whether or not the 
                        applicant will be 18 years of age or 
                        older on election day.
                            (iii) The statement ``If you 
                        checked `no' in response to either of 
                        these questions, do not complete this 
                        form.''.
                            (iv) A statement informing the 
                        individual that if the form is 
                        submitted by mail and the individual is 
                        registering for the first time, the 
                        appropriate information required under 
                        this section must be submitted with the 
                        mail-in registration form in order to 
                        avoid the additional identification 
                        requirements upon voting for the first 
                        time.
                    (B) Incomplete forms.--If an applicant for 
                voter registration fails to answer the question 
                included on the mail voter registration form 
                pursuant to subparagraph (A)(i), the registrar 
                shall notify the applicant of the failure and 
                provide the applicant with an opportunity to 
                complete the form in a timely manner to allow 
                for the completion of the registration form 
                prior to the next election for Federal office 
                (subject to State law).
            (5) Construction.--Nothing in this subsection shall 
        be construed to require a State that was not required 
        to comply with a provision of the National Voter 
        Registration Act of 1993 (42 U.S.C. 1973gg et seq.) 
        before the date of the enactment of this Act to comply 
        with such a provision after such date.
    (c) Permitted Use of Last 4 Digits of Social Security 
Numbers.--The last 4 digits of a social security number 
described in subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) 
shall not be considered to be a social security number for 
purposes of section 7 of the Privacy Act of 1974 (5 U.S.C. 552a 
note).
    (d) Effective Date.--
            (1) Computerized statewide voter registration list 
        requirements.--
                    (A) In general.--Except as provided in 
                subparagraph (B), each State and jurisdiction 
                shall be required to comply with the 
                requirements of subsection (a) on and after 
                January 1, 2004.
                    (B) Waiver.--If a State or jurisdiction 
                certifies to the Commission not later than 
                January 1, 2004, that the State or jurisdiction 
                will not meet the deadline described in 
                subparagraph (A) for good cause and includes in 
                the certification the reasons for the failure 
                to meet such deadline, subparagraph (A) shall 
                apply to the State or jurisdiction as if the 
                reference in such subparagraph to ``January 1, 
                2004'' were a reference to ``January 1, 2006''.
            (2) Requirement for voters who register by mail.--
                    (A) In general.--Each State and 
                jurisdiction shall be required to comply with 
                the requirements of subsection (b) on and after 
                January 1, 2004, and shall be prepared to 
                receive registration materials submitted by 
                individuals described in subparagraph (B) on 
                and after the date described in such 
                subparagraph.
                    (B) Applicability with respect to 
                individuals.--The provisions of subsection (b) 
                shall apply to any individual who registers to 
                vote on or after January 1, 2003.

SEC. 304. MINIMUM REQUIREMENTS.

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

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

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

                     Subtitle B--Voluntary Guidance

SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION.

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

SEC. 312. PROCESS FOR ADOPTION.

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

                         TITLE IV--ENFORCEMENT

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

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

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

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

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

SEC. 501. ESTABLISHMENT OF PROGRAM.

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

SEC. 502. ACTIVITIES UNDER PROGRAM.

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

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

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

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

SEC. 601. HELP AMERICA VOTE FOUNDATION.

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

              ``CHAPTER 1526--HELP AMERICA VOTE FOUNDATION

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

``Sec. 152601. Organization

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

``Sec. 152602. Purposes

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

``Sec. 152603. Board of directors

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

``Sec. 152604. Officers and employees

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

``Sec. 152605. Powers

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

``Sec. 152606. Principal office

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

``Sec. 152607. Service of process

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

``Sec. 152608. Annual audit

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

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

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

``Sec. 152610. Immunity of United States Government

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

``Sec. 152611. Authorization of appropriations

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

``Sec. 152612. Annual report

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

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

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

SEC. 701. VOTING ASSISTANCE PROGRAMS.

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

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

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

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

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

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

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

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

    (a) Educating Election Officials on Responsibilities Under 
Act.--Section 101(b)(1) of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff(b)(1)) is amended by 
striking the semicolon at the end and inserting the following: 
``, and ensure that such officials are aware of the 
requirements of this Act;''.
    (b) Development of Standard Oath for Use With Materials.--
            (1) In general.--Section 101(b) of such Act (42 
        U.S.C. 1973ff(b)) is amended--
                    (A) by striking ``and'' at the end of 
                paragraph (5);
                    (B) by striking the period at the end of 
                paragraph (6) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) prescribe a standard oath for use with any 
        document under this title affirming that a material 
        misstatement of fact in the completion of such a 
        document may constitute grounds for a conviction for 
        perjury.''.
            (2) Requiring states to use standard oath.--Section 
        102(a) of such Act (42 U.S.C. 1973ff-1(b)), as amended 
        by section 702, is amended--
                    (A) by striking ``and'' at the end of 
                paragraph (3);
                    (B) by striking the period at the end of 
                paragraph (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) if the State requires an oath or affirmation 
        to accompany any document under this title, use the 
        standard oath prescribed by the Presidential designee 
        under section 101(b)(7).''.
    (c) Providing Statistical Analysis of Voter Participation 
for Both Overseas Voters and Absent Uniformed Services 
Voters.--Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) 
is amended by striking ``a general assessment'' and inserting 
``a separate statistical analysis''.

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

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

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

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

                   TITLE VIII--TRANSITION PROVISIONS

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

SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

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

SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993.

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

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

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

SEC. 804. EFFECTIVE DATE; TRANSITION.

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

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

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

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

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

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. STATE DEFINED.

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

SEC. 902. AUDITS AND REPAYMENT OF FUNDS.

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

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

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

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

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

SEC. 905. OTHER CRIMINAL PENALTIES.

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

SEC. 906. NO EFFECT ON OTHER LAWS.

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

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

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

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE ON CONFERENCE

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

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

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

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 Part 1--Election Assistance Commission

Sec. 201. Establishment
      Establishes the Election Assistance Commission, the 
Election Assistance Commission Standards Board, the Election 
Assistance Board of Advisors, and the Technical Guidelines 
Development Committee.
Sec. 202. Duties
      Stipulates that the Commission will serve as a national 
clearinghouse for information on federal elections and will 
carry out duties described in this Title, in Title III, and in 
Title V.
Sec. 203. Membership and appointment
      Requires that the four Commission members are appointed 
by the President with the advice and consent of the Senate.
Sec. 204. Staff
      Creates positions for an Executive Director and General 
Counsel and stipulates that the Executive Director may appoint 
additional staff.
Sec. 205. Powers
      Empowers the Commission to hold hearings, take testimony, 
receive evidence, let contracts, obtain information from 
Federal agencies and support from the General Services 
Administration, and to use the mails as do other Federal 
agencies.
Sec. 206. Dissemination of information
      Requires the Commission to disseminate information on its 
activities to the public on an ongoing basis.
Sec. 207. Annual report
      Requires that the Commission submit a report to Congress 
by January 1 of each year on its activities for the previous 
fiscal year, including each program carried out, grant payments 
made, a copy of submitted reports by grant recipients, 
information on voluntary standards adopted, votes taken by the 
Commission, and other appropriate information.
Sec. 208. Requiring majority approval for actions
      Requires that any action of the Commission be approved by 
three members.
Sec. 209. Limitation on rulemaking authority
      Prohibits the Commission from imposing any rule, 
regulation, or taking any action that imposes requirements on 
State or local governments except as permitted under the 
National Voter Registration Act of 1993.
Sec. 210. Authorization of appropriations
      Authorizes a maximum appropriation of $10 million per 
year for FY2003 through FY2005, in addition to grants and 
payments authorized under the title.

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

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

           Part 3--Technical Guidelines Development Committee

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

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

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

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

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

                    Subtitle D--Election Assistance

                     Part 1--Requirements Payments

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

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

Sec. 261. Payments to States and units of local government to assure 
        access to disabled voters
      Requires the Secretary of Health and Human Services to 
make yearly payments to eligible States and local governments 
to assure access to polling places for individuals with 
disabilities, including the blind and visually impaired, and to 
provide them with information on accessibility.
Sec. 262. Amount of payment
      Requires the Secretary to determine payment amounts. 
Specifies that payments can be retained until expended.
Sec. 263. Requirements for eligibility
      Requires a jurisdiction seeking funds to file an 
application that describes how the payment will be used and 
provides other required information required by the Secretary. 
Exempts State and local jurisdictions from legal actions based 
on information in the application, except with respect to 
criminal acts.
Sec. 264. Authorization of appropriations
      Authorizes appropriations totaling $100 million for 
FY2003 through FY2005, to remain available until expended.
Sec. 265. Reports
      Requires a report by recipients to the Secretary on 
activities conducted and a yearly report by the Secretary to 
Congress.

     Part 3--Grants for Research on Voting Technology Improvements

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

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

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

                Part 5--Protection and Advocacy Systems

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

           Part 6--National Student and Parent Mock Election

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

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

                        Subtitle A--Requirements

Sec. 301. Voting systems standards
      Beginning January 1, 2006, requires all voting systems 
used in federal elections, while maintaining voter privacy and 
ballot confidentiality, to (1) permit voters to verify their 
selections on the ballot, notify them of overvotes, and permit 
them to change their votes and correct any errors before 
casting the ballot; however, jurisdictions using paper ballot, 
punchcard, or central-count voting systems (including absentee 
and mail-in ballots) may instead use voter education and 
instruction programs for notification of overvotes; (2) produce 
a permanent paper record for the voting system that can be 
manually audited and is available as an official record for 
recounts; and (3) provide to individuals with disabilities, 
including the blind and visually impaired, the same 
accessibility to voting as other voters, through use of at 
least one DRE or properly equipped voting system at each 
polling place; however, any system purchased with funds made 
available under Title II on or after January 1, 2007 must 
provide accessibility; (4) provide alternative language 
accessibility as required by law; and (5) comply with the error 
rate standards in the federal voting system standards in effect 
on the date of enactment. Requires each State to adopt uniform 
standards defining what constitutes a vote and what will be 
counted as a vote for each certified voting system.
      Stipulates that the above requirements do not compel a 
jurisdiction to change to a different kind of voting system if 
the system it uses, including any paper ballot system, meets or 
can be modified to meet the requirements of this section.
Sec. 302. Provisional voting and voting information requirements
      Requires that, beginning January 1, 2004, persons who 
claim to be registered to vote in a federal election in a 
jurisdiction but are not on the official list of registered 
voters or are otherwise alleged to be ineligible be offered and 
permitted to cast a provisional ballot, the ballot be promptly 
verified and counted if determined to be valid under State law, 
and the voter (and no one else) be able to ascertain whether 
the ballot was counted (and if not, why not) through a free-
access system and be informed of that option when the ballot is 
cast. Stipulates that States that do not require voter 
registration or that are described in section 4(b) of the 
National Voter Registration Act of 1993 (NVRA) may use 
applicable State law.
      Requires that a sample ballot and other voter information 
be posted at polling places on election day.
      Requires that, if polling hours are extended as a result 
of a court order, any ballot cast in a federal election during 
that extension be provisional and be held separately from other 
provisional ballots.
Sec. 303. Computerized Statewide voter registration list requirements 
        and requirements for voters who register by mail
      Beginning January 1, 2004--or 2006 if the State certifies 
for good cause that it cannot meet that deadline--requires 
States to implement and maintain an interactive, centralized, 
and official Statewide computerized voter registration list 
accessible to all election officials in the State, and that 
contains registration information on every registered voter in 
the State. Requires the system to use a unique identification 
number for each registered voter and to be coordinated with 
other State databases. Persons can be removed from the list 
only under applicable provisions of NVRA. Election officials 
shall perform list maintenance with respect to the computerized 
list on a regular basis. If individuals are to be removed from 
the computerized list, they shall be removed in accordance with 
the provisions of NVRA. Consistent with NVRA, registrants who 
have not responded to a notice and have not voted in two 
consecutive general elections for federal office shall be 
removed from the official list of registered voters except that 
no registration may be removed solely by reason of failure to 
vote. Requires applicants to provide a valid driver's license 
number or, for applicants who do not have a valid driver's 
license number, the last four digits of the Social Security 
number. The State shall assign a unique identifier to 
individuals who do not have a valid driver's license number or 
a Social Security number. Requires sharing of information 
between voter registration and motor vehicle authority 
databases. Amends Sec. 205(r) of the Social Security Act to 
establish a mechanism for verifying the accuracy of information 
provided by a State driver's licence agency with respect to 
applications for voter registration. Requires States to use the 
mechanism except those that, in accordance with Sec. 7 of the 
Privacy Act of 1975, use the full Social Security number for 
voter registration, for whom this provision is optional.
      Beginning January 1, 2003, requires certain voters who 
register by mail to present identification either when 
registering or when voting. Applies to persons who have not 
previously voted in a federal election in the State, or in the 
jurisdiction if the State does not comply with the requirements 
for a statewide computerized voter registration list. Accepted 
identification includes a copy of a current and valid photo 
identification (the original if voting in person), utility 
bill, bank statement, or government document that shows the 
name and address of the voter. Alternatively, the voter may 
cast a provisional ballot. Does not apply if the mail-in 
registration includes the voter's name, date of birth, and 
driver's license number or the last 4 digits of the Social 
Security number, and they match an existing State 
identification record. Also does not apply to voters entitled 
to vote otherwise than in person under federal law.
      Requires that mail-in voter registration forms developed 
under NVRA include questions requiring voters to verify that 
they are U.S. citizens and old enough to vote, and requires 
States to notify voters who fail to complete the question on 
citizenship and provide the applicant with an opportunity to 
complete the form prior to the next election for Federal 
office.
      It is the intent of the managers that such questions 
should be clearly and conspicuously stated on the front of the 
registration form.
      Requires States and localities to comply with provisions 
on mail registration beginning January 1, 2004, except that 
they must be prepared to receive stipulated mail-in 
registration materials beginning January 1, 2003.
Sec. 304. Minimum requirements
      Allows States to establish election technology and 
administration requirements stricter than those established 
under this title.
Sec. 305. Methods of implementation left to discretion of State
      Gives States discretion to choose the methods of 
implementation.

                     Subtitle B--Voluntary Guidance

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

                         TITLE IV--ENFORCEMENT

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

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

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

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

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

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

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

                   TITLE VIII--TRANSITION PROVISIONS

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

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

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

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

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

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

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

                                  
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