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116 STAT. 1666              HELP AMERICA VOTE ACT OF 2002


Public Law 107-252, October 29, 2002

107th Congress



                                 An Act

 

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.  



    Be it enacted by the Senate and House of Representatives of the United States

	of America in Congress assembled,



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 State intends to use the payment in 

accordance with this section.



    (b) Use of Payment.--

            (1) In general.--A State shall use the funds provided under 

        a payment made under this section to carry out one 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, one-half 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, one-tenth 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 four 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 one additional term.

            (2) Terms of initial appointees.--As designated by the 

        President at the time of nomination, of the members first 

        appointed--

                    (A) two of the members (not more than one of whom 

                may be affiliated with the same political party) shall 

                be appointed for a term of 2 years; and

                    (B) two of the members (not more than one 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 three 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 three 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) Fifty-five shall be State election officials 

                selected by the chief State election official of each 

                State.

                    (B) Fifty-five 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 two 

        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 nine of its members to serve as the Executive 

        Board of the Standards Board, of whom--

                    (A) not more than five may be State election 

                officials;

                    (B) not more than five may be local election 

                officials; and

                    (C) not more than five 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) three shall serve for 1 term;

                    (B) three shall serve for 2 consecutive terms; and

                    (C) three 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) Two members appointed by the National Governors 

        Association.

            (2) Two members appointed by the National Conference of 

        State Legislatures.

            (3) Two members appointed by the National Association of 

        Secretaries of State.

            (4) Two members appointed by the National Association of 

        State Election Directors.

            (5) Two members appointed by the National Association of 

        Counties.

            (6) Two members appointed by the National Association of 

        County Recorders, Election Administrators, and Clerks.

            (7) Two members appointed by the United States Conference of 

        Mayors.

            (8) Two members appointed by the Election Center.

            (9) Two members appointed by the International Association 

        of County Recorders, Election Officials, and Treasurers.

            (10) Two members appointed by the United States Commission 

        on Civil Rights.

            (11) Two 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) Four members representing professionals in the field of 

        science and technology, of whom--

                    (A) one each shall be appointed by the Speaker and 

                the Minority Leader of the House of Representatives; and

                    (B) one each shall be appointed by the Majority 

                Leader and the Minority Leader of the Senate.

            (16) Eight members representing voter interests, of whom--

                    (A) four members shall be appointed by the Committee 

                on House Administration of the House of Representatives, 

                of whom two shall be appointed by the chair and two 

                shall be appointed by the ranking minority member; and

                    (B) four members shall be appointed by the Committee 

                on Rules and Administration of the Senate, of whom two 

                shall be appointed by the chair and two 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) Applicability.  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) Two representatives of the National Association 

                of State Election Directors selected by such Association 

                who are not members of the Standards Board or Board of 

                Advisors, and who are not of the same political party.

                    (E) Other individuals with technical and scientific 

                expertise relating to voting systems and voting 

                equipment.

            (2) Quorum.--A majority of the members of the Development 

        Committee shall constitute a quorum, except that the Development 

        Committee may not conduct any business prior to the appointment 

        of all of its members.



    (d) No Compensation for Service.--Members of the Development 

Committee shall not receive any compensation for their service, but 

shall be paid travel expenses, including per diem in lieu of 

subsistence, at rates authorized for employees of agencies

under subchapter I of chapter 57 of title 5, United States Code, while 

away from their homes or regular places of business in the performance 

of services for the Development Committee.

    (e) Technical Support From National Institute of Standards and 

Technology.--

            (1) In general.--At the request of the Development 

        Committee, the Director of the National Institute of Standards 

        and Technology shall provide the Development Committee with 

        technical support necessary for the Development Committee to 

        carry out its duties under this subtitle.

            (2) Technical support.--The technical support provided under 

        paragraph (1) shall include intramural research and development 

        in areas to support the development of the voluntary voting 

        system guidelines under this part, including--

                    (A) the security of computers, computer networks, 

                and computer data storage used in voting systems, 

                including the computerized list required under section 

                303(a);

                    (B) methods to detect and prevent fraud;

                    (C) the protection of voter privacy;

                    (D) the role of human factors in the design and 

                application of voting systems, including assistive 

                technologies for individuals with disabilities 

                (including blindness) and varying levels of literacy; 

                and

                    (E) remote access voting, including voting through 

                the Internet.

            (3) No private sector intellectual property rights in 

        guidelines.--No private sector individual or entity shall obtain 

        any intellectual property rights to any guideline or the 

        contents of any guideline (or any modification to any guideline) 

        adopted by the Commission under this Act.



    (f) Publication of Recommendations in Federal Register.--At the time 

the Commission adopts any voluntary voting system guideline pursuant to 

section 222, the Development Committee shall cause to have published in 

the Federal Register the recommendations it provided under this section 

to the Executive Director of the Commission concerning the guideline 

adopted.



SEC. 222. PROCESS FOR ADOPTION.



    (a) General Requirement for Notice and Comment.--Consistent with

	 the requirements of this section, the final adoption of the voluntary

	 voting system guidelines (or modification of such a guideline) shall

	 be carried out by the Commission in a manner that provides for each of the following:

            (1) Publication of notice of the proposed guidelines in the 

        Federal Register.

            (2) An opportunity for public comment on the proposed 

        guidelines.

            (3) An opportunity for a public hearing on the record.

            (4) Publication of the final guidelines in the Federal 

        Register.



    (b) Consideration of Recommendations of Development Committee; 

Submission of Proposed Guidelines to Board of Advisors and Standards 

Board.--

            (1) Consideration of recommendations of development 

        committee.--In developing the voluntary voting system guidelines 

        and modifications of such guidelines under this section,

        the Executive Director of the Commission shall take into 

        consideration the recommendations provided by the Technical 

        Guidelines Development Committee under section 221.

            (2) Board of advisors.--The Executive Director of the 

        Commission shall submit the guidelines proposed to be adopted 

        under this part (or any modifications to such guidelines) to the 

        Board of Advisors.

            (3) Standards board.--The Executive Director of the 

        Commission shall submit the guidelines proposed to be adopted 

        under this part (or any modifications to such guidelines) to the 

        Executive Board of the Standards Board, which shall review the 

        guidelines (or modifications) and forward its recommendations to 

        the Standards Board.



    (c) Review.--Upon receipt of voluntary voting system guidelines 

described in subsection (b) (or a modification of such guidelines) from 

the Executive Director of the Commission, the Board of Advisors and the 

Standards Board shall each review and submit comments and 

recommendations regarding the guideline (or modification) to the 

Commission.

    (d) Final Adoption.--

            (1) In general.--A voluntary voting system guideline 

        described in subsection (b) (or modification of such a 

        guideline) shall not be considered to be finally adopted by the 

        Commission unless the Commission votes to approve the final 

        adoption of the guideline (or modification), taking into 

        consideration the comments and recommendations submitted by the 

        Board of Advisors and the Standards Board under subsection (c).

            (2) Minimum period for consideration of comments and 

        recommendations.--The Commission may not vote on the final 

        adoption of a guideline described in subsection (b) (or 

        modification of such a guideline) until the expiration of the 

        90-day period which begins on the date the Executive Director of 

        the Commission submits the proposed guideline (or modification) 

        to the Board of Advisors and the Standards Board under 

        subsection (b).



    (e) Special Rule for Initial Set of Guidelines.--Notwithstanding any 

other provision of this part, the most recent set of voting system 

standards adopted by the Federal Election Commission prior to the date 

of the enactment of this Act shall be deemed to have been adopted by the 

Commission as of the date of the enactment of this Act as the first set 

of voluntary voting system guidelines adopted under this part.



Subtitle B--Testing, Certification, Decertification, and Recertification 

                 of Voting System Hardware and Software



SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS.



    (a) Certification and Testing.--

            (1) In general.--The Commission shall provide for the 

        testing, certification, decertification, and recertification of 

        voting system hardware and software by accredited laboratories.

            (2) Optional use by states.--At the option of a State, the 

        State may provide for the testing, certification, 

        decertification, or recertification of its voting system 

        hardware and software by the laboratories accredited by the 

        Commission under this section.



    (b) Laboratory Accreditation.--

            (1) Recommendations by national institute of standards and 

        technology.--Not later than 6 months after the Commission first

		adopts voluntary voting system guidelines under part 3 of 

		subtitle A, the Director of the National Institute of Standards

		and Technology shall conduct an evaluation of independent, 

		non-Federal laboratories and shall submit to the Commission a

		list of those laboratories the Director proposes to be accredited

		to carry out the testing, certification, decertification, and

		recertification provided for under this section.

            (2) Approval by commission.--

                    (A) In general.--The Commission shall vote on the 

                accreditation of any laboratory under this section, 

                taking into consideration the list submitted under 

                paragraph (1), and no laboratory may be accredited for 

                purposes of this section unless its accreditation is 

                approved by a vote of the Commission.

                    (B) Accreditation 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 eight 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  EST 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, one-half 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, one-tenth 

        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) Applicability.  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.



[[Page 116 STAT. 1695]]



            (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 two 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 such activities conform to the 

        State plan under section 254.



   PART 2--PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE 

                ACCESS FOR INDIVIDUALS WITH DISABILITIES



SEC. 261.  PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE

 			 ACCESS FOR INDIVIDUALS WITH DISABILITIES.



    (a) In General.--The Secretary of Health and Human Services shall 

make a payment to each eligible State and each eligible unit of local 

government (as described in section 263).

    (b) Use of Funds.--An eligible State and eligible unit of local 

government shall use the payment received under this part for--

            (1) making polling places, including the path of travel, 

        entrances, exits, and voting areas of each polling facility, 

        accessible to individuals with disabilities, including the blind 

        and visually impaired, in a manner that provides the same 

        opportunity for access and participation (including privacy and 

        independence) as for other voters; and

            (2) providing individuals with disabilities and the other 

        individuals described in paragraph (1) with information about 

        the accessibility of polling places, including outreach programs 

        to inform the individuals about the availability of accessible 

        polling places and training election officials, poll workers, 

        and election volunteers on how best to promote the access and 

        participation of individuals with disabilities in elections for 

        Federal office.



    (c) Schedule of Payments.--As soon as practicable after the date of 

the enactment of this Act (but in no event later than 6 months 

thereafter), and not less frequently than once each calendar year 

thereafter, the Secretary shall make payments under this part.



SEC. 262. AMOUNT OF PAYMENT.



    (a) In General.--The amount of a payment made to an eligible State 

or an eligible unit of local government for a year under this part shall 

be determined by the Secretary.

    (b) Continuing Availability of Funds After Appropriation.--A payment 

made to an eligible State or eligible unit of local government under 

this part shall be available without fiscal year limitation.



SEC. 263. REQUIREMENTS FOR ELIGIBILITY.



    (a) Application.--Each State or unit of local government that 

desires to receive a payment under this part for a fiscal year shall 

submit an application for the payment to the Secretary at such time and 

in such manner and containing such information as the Secretary shall 

require.

    (b) Contents of Application.--Each application submitted under 

subsection (a) shall--

            (1) describe the activities for which assistance under this 

        section is sought; and

            (2) provide such additional information and certifications 

        as the Secretary determines to be essential to ensure compliance 

        with the requirements of this part.



    (c) Protection Against Actions Based on Information in 

Application.--

            (1) In general.--No action may be brought under this Act 

        against a State or unit of local government on the basis of any 

        information contained in the application submitted under 

        subsection (a).

            (2) Exception for criminal acts.--Paragraph (1) may not be 

        construed to limit the liability of a State or unit of local 

        government for criminal acts or omissions.



SEC. 264. AUTHORIZATION OF APPROPRIATIONS.



    (a) In General.--There are authorized to be appropriated to carry 

out the provisions of this part the following amounts:

            (1) For fiscal year 2003, $50,000,000.

            (2) For fiscal year 2004, $25,000,000.

            (3) For fiscal year 2005, $25,000,000.



    (b) Availability.--Any amounts appropriated pursuant to the 

authority of subsection (a) shall remain available without fiscal year 

limitation until expended.



SEC. 265. REPORTS.



    (a) Reports by Recipients.--Not later than the 6 

months after the end of each fiscal year for which an eligible State or 

eligible unit of local government received a payment under this part, 

the State or unit shall submit a report to the Secretary on the 

activities conducted with the funds provided during the year, and shall 

include in the report a list of expenditures made with respect to each 

category of activities described in section 261(b).



    (b) Report by Secretary to Committees.--With respect to each fiscal 

year for which the Secretary makes payments under this part, the 

Secretary shall submit a report on the activities carried out under this 

part to the Committee on House Administration of the House of 

Representatives and the Committee on Rules and Administration of the 

Senate.



      PART 3--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS



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



    (a) In General.--The Commission shall make grants to assist entities 

in carrying out research and development to improve the quality, 

reliability, accuracy, accessibility, affordability, and security of 

voting equipment, election systems, and voting technology.

    (b) Eligibility.--An entity is eligible to receive a grant under 

this part if it submits to the Commission (at such time and in such form 

as the Commission may require) an application containing--

            (1) certifications that the research and development funded 

        with the grant will take into account the need to make voting 

        equipment fully accessible for individuals with disabilities, 

        including the blind and visually impaired, the need to ensure 

        that such individuals can vote independently and with privacy, 

        and the need to provide alternative language accessibility for 

        individuals with limited proficiency in the English language 

        (consistent with the requirements of the Voting Rights Act of 

        1965); and

            (2) such other information and certifications as the 

        Commission may require.



    (c) Applicability of Regulations Governing Patent Rights in 

Inventions Made With Federal Assistance.--Any invention made by the 

recipient of a grant under this part using funds provided under this 

part shall be subject to chapter 18 of title 35, United States Code 

(relating to patent rights in inventions made with Federal assistance).

    (d) Recommendation of Topics for Research.--

            (1) In general.--The Director of the 

        National Institute of Standards and Technology (hereafter in 

        this section referred to as the "Director") shall submit to 

        the Commission an annual list of the Director's suggestions for 

        issues which may be the subject of research funded with grants 

        awarded under this part during the year.

            (2) Review of grant applications received by commission.--

        The Commission shall submit each application it receives for a 

        grant under this part to the Director, who shall review the 

        application and provide the Commission with such comments as the 

        Director considers appropriate.

            (3) Monitoring and adjustment of grant activities at request 

        of commission.--After the Commission has awarded a grant under 

        this part, the Commission may request that the Director monitor 

        the grant, and (to the extent permitted under the terms of the 

        grant as awarded) the Director may recommend to the Commission 

        that the recipient of the grant modify and adjust the activities 

        carried out under the grant.

            (4) Evaluation of grants at request of commission.--

                    (A) In general.--In the case of a grant for which 

                the Commission submits the application to the Director 

                under paragraph (2) or requests that the Director 

                monitor the grant under paragraph (3), the Director 

                shall prepare and submit to the Commission an evaluation 

                of the grant and the activities carried out under the 

                grant.

                    (B) Inclusion in reports.--The Commission shall 

                include the evaluations submitted under subparagraph (A) 

                for a year in the report submitted for the year under 

                section 207.



    (e) Provision of Information on Projects.--The Commission may 

provide to the Technical Guidelines Development Committee under part 3 

of subtitle A such information regarding the activities funded under 

this part as the Commission deems necessary to assist the Committee in 

carrying out its duties.



SEC. 272. REPORT.



    (a) In General.--Each entity which receives a grant under this part 

shall submit to the Commission a report describing the activities 

carried out with the funds provided under the grant.

    (b) Deadline.--An entity shall submit a report required under 

subsection (a) not later than 60 days after the end of the fiscal year 

for which the entity received the grant which is the subject of the 

report.



SEC. 273. AUTHORIZATION OF APPROPRIATIONS.



    (a) In General.--There are authorized to be appropriated for grants 

under this part $20,000,000 for fiscal year 2003.

    (b) Availability of Funds.--Amounts appropriated pursuant to the 

authorization under this section shall remain available, without fiscal 

year limitation, until expended.



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



SEC. 281. PILOT PROGRAM.



    (a) In General.--The Commission shall make grants to carry out pilot 

programs under which new technologies in voting systems and equipment 

are tested and implemented on a trial basis so that the results of such 

tests and trials are reported to Congress.

    (b) Eligibility.--An entity is eligible to receive a grant under 

this part if it submits to the Commission (at such time and in such form 

as the Commission may require) an application containing--

            (1) certifications that the pilot programs funded with the 

        grant will take into account the need to make voting equipment 

        fully accessible for individuals with disabilities, including 

        the blind and visually impaired, the need to ensure that such 

        individuals can vote independently and with privacy, and the 

        need to provide alternative language accessibility for 

        individuals with limited proficiency in the English language 

        (consistent with the requirements of the Voting Rights Act of 

        1965 and the requirements of this Act); and

            (2) such other information and certifications as the 

        Commission may require.



    (c) Recommendation of Topics for Pilot Programs.--

            (1) In general.--The Director of the National Institute of 

        Standards and Technology (hereafter in this section referred to 

        as the "Director") shall submit to the Commission an annual 

        list of the Director's suggestions for issues which may be the 

        subject of pilot programs funded with grants awarded under this 

        part during the year.

            (2) Review of grant applications received by commission.--

        The Commission shall submit each application it receives for a 

        grant under this part to the Director, who shall review the 

        application and provide the Commission with such comments as the 

        Director considers appropriate.

            (3) Monitoring and adjustment of grant activities at request 

        of commission.--After the Commission has awarded a grant under 

        this part, the Commission may request that the Director monitor 

        the grant, and (to the extent permitted under the terms of the 

        grant as awarded) the Director may recommend to the Commission 

        that the recipient of the grant modify and adjust the activities 

        carried out under the grant.

            (4) Evaluation of grants at request of commission.--

                    (A) In general.--In the case of a grant for which 

                the Commission submits the application to the Director 

                under paragraph (2) or requests that the Director 

                monitor the grant under paragraph (3), the Director 

                shall prepare and submit to the Commission an evaluation 

                of the grant and the activities carried out under the 

                grant.

                    (B) Inclusion in reports.--The Commission shall 

                include the evaluations submitted under subparagraph (A) 

                for a year in the report submitted for the year under 

                section 207.

    (d) Provision of Information on Projects.--The Commission may 

provide to the Technical Guidelines Development Committee under part 3 

of subtitle A such information regarding the activities funded under 

this part as the Commission deems necessary to assist the Committee in 

carrying out its duties.



SEC. 282. REPORT.



    (a) In General.--Each entity which receives a grant under this part 

shall submit to the Commission a report describing the activities 

carried out with the funds provided under the grant.

    (b) Deadline.--An entity shall submit a report required under 

subsection (a) not later than 60 days after the end of the fiscal year 

for which the entity received the grant which is the subject of the 

report.



SEC. 283. AUTHORIZATION OF APPROPRIATIONS.



    (a) In General.--There are authorized to be appropriated for grants 

under this part $10,000,000 for fiscal year 2003.

    (b) Availability of Funds.--Amounts appropriated pursuant to the 

authorization under this section shall remain available, without fiscal 

year limitation, until expended.



                 PART 5--PROTECTION AND ADVOCACY SYSTEMS



SEC. 291. PAYMENTS FOR PROTECTION AND ADVOCACY SYSTEMS.



    (a) In General.--In addition to any other payments made under this 

subtitle, the Secretary of Health and Human Services shall pay the 

protection and advocacy system (as defined in section 102 of the 

Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 

U.S.C. 15002)) of each State to ensure full participation in the 

electoral process for individuals with disabilities, including 

registering to vote, casting a vote and accessing polling places. In 

providing such services, protection and advocacy systems shall have the 

same general authorities as they are afforded under subtitle C of title 

I of the Developmental Disabilities Assistance and Bill of Rights Act of 

2000 (42 U.S.C. 15041 et seq.).

    (b) Minimum Grant Amount.--The minimum amount of each grant to a 

protection and advocacy system shall be determined and allocated as set 

forth in subsections (c)(3), (c)(4), (c)(5), (e), and (g) of section 509 

of the Rehabilitation Act of 1973 (29 U.S.C. 794e), except that the 

amount of the grants to systems referred to in subsections (c)(3)(B) and 

(c)(4)(B) of that section shall be not less than $70,000 and $35,000, 

respectively.

    (c) Training and Technical Assistance Program.--

            (1) In general.--Not later than 90 days 

        after the date on which the initial appropriation of funds for a 

        fiscal year is made pursuant to the authorization under section 

        292, the Secretary shall set aside 7 percent of the amount 

        appropriated under such section and use such portion to make 

        payments to eligible entities to provide training and technical 

        assistance with respect to the activities carried out under this 

        section.

            (2) Use of funds.--A recipient of a payment under this 

        subsection may use the payment to support training in the use of 

        voting systems and technologies, and to demonstrate and evaluate 

        the use of such systems and technologies, by individuals with 

        disabilities (including blindness) in order to

        assess the availability and use of such systems and technologies 

        for such individuals. At least one 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 

                      one candidate for a single office--

                                    (I) notify the voter that the voter 

                                has selected more than one 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 one 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) <<NOTE: Procedures.>>  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



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 <<NOTE: Deadline.>> 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) Four directors (of whom not more than two may be 

        members of the same political party) shall be appointed by the 

        President.

            "(B) Two directors shall be appointed by the Speaker of the 

        House of Representatives.

            "(C) Two directors shall be appointed by the Minority 

        Leader of the House of Representatives.

            "(D) Two directors shall be appointed by the Majority 

        Leader of the Senate.

            "(E) Two 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 one 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 have been transferred to the Election Assistance Commission 

under this title or the amendments made by this title for such period of 

time as may reasonably be needed to facilitate the orderly transfer of 

such functions.

    (c) No Effect on Authorities of Office of Election Administration 

Prior to Appointment of Members of Commission.--During the period which 

begins on the date of the enactment of this Act and ends on the 

effective date described in subsection (a), the Office of Election 

Administration of the Federal Election Commission shall continue to have 

the authority to carry out any of the functions (including the 

development of voluntary standards for voting systems and procedures for 

the certification of voting systems) which it has the authority to carry

out as of the date of the enactment of this Act.



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



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

            LAWS.



    (a) Coverage Under Hatch Act.--Section 7323(b)(2)(B)(i)(I) of title 

5, United States Code, is amended by inserting "or the Election 

Assistance Commission" after "Commission".

    (b) Exclusion From Senior Executive Service.--Section 3132(a)(1)(C) 

of title 5, United States Code, is amended by inserting "or the 

Election Assistance Commission" after "Commission".



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



    (a) In General.--Section 8G(a)(2) of the Inspector General Act of 

1978 (5 U.S.C. App.) is amended by inserting "the Election Assistance 

Commission," after "Federal Election Commission,".

    (b) Effective Date.--The amendment 

made by subsection (a) shall take effect 180 days after the appointment 

of all members of the Election Assistance Commission under section 203.



                   TITLE IX--MISCELLANEOUS PROVISIONS



SEC. 901.  STATE DEFINED.



    In this Act, the term "State" includes the District of Columbia, 

the Commonwealth of Puerto Rico, Guam, American Samoa, and the United 

States Virgin Islands.



SEC. 902. AUDITS AND REPAYMENT OF FUNDS.



    (a) Recordkeeping Requirement.--Each recipient of a grant or other 

payment made under this Act shall keep such records with respect to the 

payment as are consistent with sound accounting principles, including 

records which fully disclose the amount and disposition by such 

recipient of funds, the total cost of the project or undertaking for 

which such funds are used, and the amount of that portion of the cost of 

the project or undertaking supplied by other sources, and such other 

records as will facilitate an effective audit.

    (b) Audits and Examinations.--

            (1) Audits and examinations.--Except as provided in 

        paragraph (5), each office making a grant or other payment under 

        this Act, or any duly authorized representative of such office, 

        may audit or examine any recipient of the grant or payment and 

        shall have access for the purpose of audit and examination to 

        any books, documents, papers, and records of the recipient which 

        in the opinion of the entity may be related or pertinent to the 

        grant or payment.

            (2) Recipients of assistance subject to provisions of 

        section.-- The provisions of this 

        section shall apply to all recipients of grants or other 

        payments under this Act, whether by direct grant, cooperative 

        agreement, or contract under this

        Act or by subgrant or subcontract from primary grantees or 

        contractors under this Act.

            (3) Mandatory audit.--In addition to audits conducted 

        pursuant to paragraph (1), all funds provided under this Act 

        shall be subject to mandatory audit by the Comptroller General 

        at least once during the lifetime of the program involved. For 

        purposes of an audit under this paragraph, the Comptroller 

        General shall have access to books, documents, papers, and 

        records of recipients of funds in the same manner as the office 

        making the grant or payment involved has access to such books, 

        documents, papers, and records under paragraph (1).

            (4) Special rule for payments by general services 

        administration.--With respect to any grant or payment made under 

        this Act by the Administrator of General Services, the Election 

        Assistance Commission shall be deemed to be the office making 

        the grant or payment for purposes of this section.

            (5) Special rule.--In the case of grants or payments made 

        under section 251, audits and examinations conducted under 

        paragraph (1) shall be performed on a regular basis (as 

        determined by the Commission).

            (6) Special rules for audits by the commission.--In addition 

        to the audits described in paragraph (1), the Election 

        Assistance Commission may conduct a special audit or special 

        examination of a recipient described in paragraph (1) upon a 

        vote of the Commission.



    (c) Recoupment of Funds.--If the Comptroller General determines as a 

result of an audit conducted under subsection (b) that--

            (1) a recipient of funds under this Act is not in compliance 

        with each of the requirements of the program under which the 

        funds are provided; or

            (2) an excess payment has been made to the recipient under 

        the program,

the recipient shall pay to the office which made the grant or payment 

involved a portion of the funds provided which reflects the proportion 

of the requirements with which the recipient is not in compliance, or 

the extent to which the payment is in excess, under the program 

involved.



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.



    Approved October 29, 2002.



LEGISLATIVE HISTORY--H.R. 3295 (S. 565):

---------------------------------------------------------------------------



HOUSE REPORTS: Nos. 107-329, Pt. 1 (Comm. on House Administration) and 

107-730 (Comm. of Conference).

CONGRESSIONAL RECORD:

                                                        Vol. 147 (2001):

                                    Dec. 12, considered and passed 

                                        House.

                                                        Vol. 148 (2002):

                                    Apr. 11, considered and passed 

                                        Senate, amended, in lieu of S. 

                                        565.

                                    Oct. 10, House agreed to conference 

                                        report.

                                    Oct. 15, 16, Senate considered, 

                                        receded from its amendment, and 

                                        agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

            Oct. 29, Presidential remarks and statement.



                                 
			
			
			
General Information Voting Section
Contact
Toll-free - (800) 253-3931
Telephone - (202) 307-2767
Fax - (202) 307-3961
Email - voting.section@usdoj.gov

By letter to the addresses below:

Mailing Contact
United States Postal Service mail (including certified mail and express mail) should be addressed to:

Voting Section
Civil Rights Division
U.S. Department of Justice
Room 7254 - NWB
950 Pennsylvania Ave., N.W.
Washington, DC 20530

Deliveries by overnight express service (such as Airborne, DHL, Federal Express or UPS) should be addressed to:

Voting Section
Civil Rights Division
U.S. Department of Justice
Room 7254 - NWB
1800 G St., N.W.
Washington, DC 20006
Redistricting Census Information
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