Help America Vote Act

  You can view this document as a PDF file.   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.                    (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) >  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 > 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.                                      > 
Updated August 6, 2015