[House Report 107-730]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-730
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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.