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[House Report 107-329]
[From the U.S. Government Publishing Office]

107th Congress                                            Rept. 107-329
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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

 
                     HELP AMERICA VOTE ACT OF 2001

                                _______
                                

 December 10, 2001.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Ney, from the Committee on House Administration, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3295]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on House Administration, to whom was referred 
the bill (H.R. 3295) to establish a program to provide funds to 
States to replace punch card voting systems, to establish the 
Election Assistance Commission to assist in the administration 
of Federal elections and to otherwise provide assistance with 
the administration of certain Federal election laws and 
programs, to establish minimum election administration 
standards for States and units of local government with 
responsibility for the administration of Federal elections, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Help America Vote 
Act of 2001''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                  TITLE I--PUNCH CARD VOTING MACHINES

                  Subtitle A--Replacement of Machines

Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.

         Subtitle B--Enhancing Performance of Existing Systems

Sec. 111. Establishment of program.
Sec. 112. Eligibility.
Sec. 113. Amount of payment.
Sec. 114. Audit and repayment of funds.

                     Subtitle C--General Provisions

Sec. 121. Authorization of appropriations.
Sec. 122. Punch card voting system defined.

                          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. Limitation on rulemaking authority.
Sec. 207. 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.

                Subtitle B--Voluntary Election Standards

Sec. 221. Development of voluntary election standards.
Sec. 222. Technical standards development committee.
Sec. 223. Process for adoption of voluntary standards.
Sec. 224. Certification and testing of voting systems.
Sec. 225. Dissemination of information.

                    Subtitle C--Election Assistance

Part 1--Election Fund Payments to States for Voting System Improvements

Sec. 231. Election fund payments to States for voting system 
improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.

     Part 2--Grants for Research on Voting Technology Improvements

Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.

     Part 3--Pilot Program for Testing of Equipment and Technology

Sec. 251. Pilot program.
Sec. 252. Report.
Sec. 253. Authorization of appropriations.

                         Part 4--Miscellaneous

Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.

              TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM

Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.

                 TITLE IV--HELP AMERICA VOTE FOUNDATION

Sec. 401. Help America Vote Foundation.

         TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS

Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.

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

Sec. 601. Voting assistance programs.
Sec. 602. Designation of single State office to provide information on 
registration and absentee ballots for all voters in State.
Sec. 603. Report on absentee ballots transmitted and received after 
general elections.
Sec. 604. Simplification of voter registration and absentee ballot 
application procedures for absent uniformed services and overseas 
voters.
Sec. 605. Additional duties of Presidential designee under Uniformed 
and Overseas Citizens Absentee Voting Act.
Sec. 606. Use of buildings on military installations and reserve 
component facilities as polling places.

      TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL

Sec. 701. Reduced postage rates for official election mail.

                   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. Miscellaneous provisions to protect integrity of election 
process.
Sec. 903. No effect on other laws.

                  TITLE I--PUNCH CARD VOTING MACHINES

                  Subtitle A--Replacement of Machines

SEC. 101. ESTABLISHMENT OF PROGRAM.

  (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of General Services (hereafter 
in this title referred to as the ``Administrator'') shall establish a 
program under which the Administrator shall make a one-time payment to 
each eligible State or unit of local government which used a punch card 
voting system to administer the regularly scheduled general election 
for Federal office held in November 2000.
  (b) Use of Funds.--A State or unit of local government shall use the 
funds provided under a payment under this subtitle (either directly or 
as reimbursement) to replace its punch card voting system with a voting 
system which does not use punch cards (by purchase, lease, or such 
other arrangement as may be appropriate).
  (c) Deadline.--
          (1) In general.--A State or unit of local government 
        receiving a payment under the program under this subtitle 
        shall--
                  (A) obligate the funds provided for the uses 
                described in subsection (b) not later than the date of 
                the regularly scheduled general election for Federal 
                office to be held in November 2002; and
                  (B) ensure that all of the punch card voting systems 
                under its jurisdiction have been replaced in time for 
                the regularly scheduled general election for Federal 
                office to be held in November 2004.
          (2) Waiver.--If a State or unit of local government provides 
        the Election Assistance Commission (established under section 
        201) (not later than the date of the regularly scheduled 
        general election for Federal office to be held in November 
        2002) with a notice that the State or unit will not meet the 
        deadlines described in paragraph (1) and includes in the notice 
        the reasons for the failure to meet such deadlines, and the 
        Commission finds that there is good cause for the failure to 
        meet such deadlines, paragraph (1) shall apply to the State or 
        unit as if--
                  (A) the reference in paragraph (1)(A) to ``November 
                2002'' were a reference to ``November 2004''; and
                  (B) the reference in paragraph (1)(B) to ``November 
                2004'' were a reference to ``November 2006''.

SEC. 102. ELIGIBILITY.

  (a) States.--A State is eligible to receive a payment under the 
program under this subtitle if it submits to the Administrator an 
application not later than 120 days after the date of the enactment of 
this Act (in such form as the Administrator may require) which 
contains--
          (1) assurances that the State will use the payment (either 
        directly or as reimbursement) to replace punch card voting 
        systems in jurisdictions within the State which used such 
        systems to carry out the general Federal election held in 
        November 2000;
          (2) assurances that in replacing punch card voting systems 
        the State will continue to meets its duties under the Voting 
        Accessibility for the Elderly and Handicapped Act (42 U.S.C. 
        1973ee et seq.) and the Americans With Disabilities Act;
          (3) assurances that in replacing punch card voting systems 
        the State will provide for alternative language accessibility 
        for individuals with limited English proficiency, consistent 
        with the requirements of the Voting Rights Act of 1965 and any 
        other applicable provisions of law; and
          (4) such other information and assurances as the 
        Administrator may require which are necessary for the 
        administration of the program.
  (b) Unit of Local Government.--A unit of local government is eligible 
to receive a payment under the program under this subtitle if it 
submits to the Administrator--
          (1) not later than the date of the regularly scheduled 
        general election for Federal office to be held in November 
        2002, a statement of its intent to participate in the program, 
        including assurances that the State in which the unit is 
        located--
                  (A) failed to submit an application under subsection 
                (a) within the deadline specified under such 
                subsection,
                  (B) is otherwise not eligible to receive a payment 
                under the program, or
                  (C) will not use the payment to replace punch card 
                voting systems in the unit; and
          (2) an application (at such time and in such form as the 
        Administrator may require) which contains similar assurances to 
        those required to be provided by a State in its application 
        under subsection (a).

SEC. 103. AMOUNT OF PAYMENT.

  (a) In General.--The amount of payment made to a State or unit of 
local government under the program under this subtitle shall be equal 
to the applicable per precinct matching rate of the cost to the State 
or unit (as the case may be) of replacing the punch card voting systems 
used in each precinct in the State or unit (as the case may be), except 
that in no case may the amount of the payment exceed the product of--
          (1) the number of voting precincts administered by the State 
        or unit which used a punch card voting system to carry out the 
        general Federal election held in November 2000; and
          (2) $6,000.
  (b) Applicable Per Precinct Matching Rate Defined.--In subsection 
(a), the ``applicable per precinct matching rate'' is--
          (1) 90 percent; or
          (2) 95 percent, in the case of a precinct whose average per 
        capita income is within the lowest quartile of average per 
        capita incomes for all precincts in the United States (as 
        determined by the 2000 decennial census).

SEC. 104. AUDIT AND REPAYMENT OF FUNDS.

  (a) Audit.--Funds provided under the program under this subtitle 
shall be subject to audit by the Administrator.
  (b) Repayment for Failure to Meet Deadlines.--If a State or unit of 
local government (as the case may be) receiving funds under the program 
under this subtitle fails to meet the deadlines applicable to the State 
or unit under section 101(c), the State or unit shall pay to the 
Administrator an amount equal to the amount of the funds provided to 
the State or unit under the program.

SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.

  For purposes of this subtitle, a ``punch card voting system'' means 
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.

         Subtitle B--Enhancing Performance of Existing Systems

SEC. 111. ESTABLISHMENT OF PROGRAM.

  (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator shall establish a program 
under which the Administrator shall make a one-time payment to each 
eligible State or unit of local government which used a punch card 
voting system to administer the regularly scheduled general election 
for Federal office held in November 2000.
  (b) Use of Funds.--A State or unit of local government shall use the 
funds provided under a payment under this subtitle (either directly or 
as reimbursement) to make technical enhancements to the performance of 
its punch card voting system (by any arrangement as may be 
appropriate).
  (c) Deadline.--
          (1) In general.--A State or unit of local government 
        receiving a payment under the program under this subtitle 
        shall--
                  (A) obligate the funds provided for the uses 
                described in subsection (b) not later than the date of 
                the regularly scheduled general election for Federal 
                office to be held in November 2002; and
                  (B) ensure that technical enhancements have been made 
                to the performance of all of the punch card voting 
                systems under its jurisdiction in time for the 
                regularly scheduled general election for Federal office 
                to be held in November 2004.
          (2) Waiver.--If a State or unit of local government provides 
        the Election Assistance Commission (established under section 
        201) (not later than the date of the regularly scheduled 
        general election for Federal office to be held in November 
        2002) with a notice that the State or unit will not meet the 
        deadlines described in paragraph (1) and includes in the notice 
        the reasons for the failure to meet such deadlines, and the 
        Commission finds that there is good cause for the failure to 
        meet such deadlines, paragraph (1) shall apply to the State or 
        unit as if--
                  (A) the reference in paragraph (1)(A) to ``November 
                2002'' were a reference to ``November 2004''; and
                  (B) the reference in paragraph (1)(B) to ``November 
                2004'' were a reference to ``November 2006''.

SEC. 112. ELIGIBILITY.

  (a) States.--Subject to subsection (c), a State is eligible to 
receive a payment under the program under this subtitle if it submits 
to the Administrator an application not later than 120 days after the 
date of the enactment of this Act (in such form as the Administrator 
may require) which contains--
          (1) assurances that the State will use the payment (either 
        directly or as reimbursement) to make technical enhancements to 
        the performance of punch card voting systems in jurisdictions 
        within the State which used such systems to carry out the 
        general Federal election held in November 2000;
          (2) assurances that in enhancing the performance of such 
        voting systems the State will continue to meets its duties 
        under the Voting Accessibility for the Elderly and Handicapped 
        Act (42 U.S.C. 1973ee et seq.) and the Americans With 
        Disabilities Act; and
          (3) such other information and assurances as the 
        Administrator may require which are necessary for the 
        administration of the program.
  (b) Units of Local Government.--Subject to subsection (c), a unit of 
local government is eligible to receive a payment under the program 
under this subtitle if it submits to the Administrator--
          (1) not later than the date of the regularly scheduled 
        general election for Federal office to be held in November 
        2002, a statement of its intent to participate in the program, 
        including assurances that the State in which the unit is 
        located--
                  (A) failed to submit an application under subsection 
                (a) within the deadline specified under such 
                subsection,
                  (B) is otherwise not eligible to receive a payment 
                under the program, or
                  (C) will not use the payment to enhance the 
                performance of punch card voting systems in the unit; 
                and
          (2) an application (at such time and in such form as the 
        Administrator may require) which contains similar assurances to 
        those required to be provided by a State in its application 
        under subsection (a).
  (c) Prohibiting Participation in Punch Card Replacement Program.--A 
State or unit of local government is not eligible to receive a payment 
under the program under this subtitle if the State or unit receives a 
payment under the program under subtitle A.

SEC. 113. AMOUNT OF PAYMENT.

  (a) In General.--The amount of payment made to a State or unit of 
local government under the program under this subtitle shall be equal 
to the applicable per precinct matching rate of the cost to the State 
or unit (as the case may be) of the activities to be funded with the 
payment under the program in each precinct in the State or unit (as the 
case may be) , except that in no case may the amount of the payment 
exceed the product of--
          (1) the number of voting precincts administered by the State 
        or unit which used a punch card voting system to carry out the 
        general Federal election held in November 2000; and
          (2) $2,000.
  (b) Applicable Per Precinct Matching Rate Defined.--In subsection 
(a), the ``applicable per precinct matching rate'' is--
          (1) 90 percent; or
          (2) 95 percent, in the case of a precinct whose average per 
        capita income is within the lowest quartile of average per 
        capita incomes for all precincts in the United States (as 
        determined by the 2000 decennial census).

SEC. 114. AUDIT AND REPAYMENT OF FUNDS.

  (a) Audit.--Funds provided under the program under this subtitle 
shall be subject to audit by the Administrator.
  (b) Repayment for Failure to Meet Requirements.--If a State or unit 
of local government (as the case may be) receiving funds under the 
program under this subtitle fails to meet the deadlines applicable to 
the State or unit under section 111(c), the State or unit shall pay to 
the Administrator an amount equal to the amount of the funds provided 
to the State or unit under the program.

                     Subtitle C--General Provisions

SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated for payments 
under this title $400,000,000, to remain available until expended 
(subject to subsection (b)).
  (b) Use of Returned Funds and Funds Remaining Unexpended for Election 
Fund Payments.--
          (1) In general.--The amounts referred to in paragraph (2) 
        shall be transferred to the Election Assistance Commission 
        (established under title II) and used by the Commission to make 
        Election Fund payments under part 1 of subtitle C of title II.
          (2) Amounts described.--The amounts referred to in this 
        paragraph are as follows:
                  (A) Any amounts appropriated pursuant to the 
                authorization under this section which remain 
                unobligated as of the date of the regularly scheduled 
                general election for Federal office held in November 
                2002.
                  (B) Any amounts paid to the Administrator by a State 
                or unit of local government under section 104(b).
                  (B) Any amounts paid to the Administrator by a State 
                or unit of local government under section 114(b).

SEC. 122. PUNCH CARD VOTING SYSTEM DEFINED.

  For purposes of this title, a ``punch card voting system'' means 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.

                          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 in the executive 
branch the Election Assistance Commission (hereafter in this title 
referred to as the ``Commission''), consisting of--
          (1) the members appointed under this part;
          (2) the Election Assistance Commission Standards Board 
        established under part 2 (including the Executive Board of such 
        Board); and
          (3) the Election Assistance Commission Board of Advisors 
        established under part 2.

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 subtitle B (relating 
        to voluntary election standards);
          (2) carrying out the duties described in subtitle C (relating 
        to election assistance); and
          (3) developing and carrying out the Help America Vote College 
        Program under title III.

SEC. 203. MEMBERSHIP AND APPOINTMENT.

  (a) Membership.--
          (1) In general.--The Commission shall have 4 members 
        appointed by the President, by and with the consent of the 
        Senate, of whom--
                  (A) 1 shall be appointed from among a list of 
                nominees submitted by the majority leader of the 
                Senate;
                  (B) 1 shall be appointed from among a list of 
                nominees submitted by the minority leader of the 
                Senate;
                  (C) 1 shall be appointed from among a list of 
                nominees submitted by the Speaker of the House of 
                Representatives; and
                  (D) 1 shall be appointed from among a list of 
                nominees submitted by the minority leader of the House 
                of Representatives.
          (2) Qualifications.--Each member of the Commission shall have 
        experience with or expertise in election administration or the 
        study of elections, except that no individual may serve as a 
        member of the Commission if the individual is an officer or 
        employee of the Federal Government at any time during the 
        period of service on the Commission.
          (3) Date of appointment.--The appointments of the members of 
        the Commission shall be made not later than 30 days after the 
        date of 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 appointment, of the members first 
        appointed--
                  (A) 2 of the members (not more than 1 of whom may be 
                affiliated with the same political party) shall be 
                appointed for a term of 2 years; and
                  (B) 2 of the members (not more than 1 of whom may be 
                affiliated with the same political party) shall be 
                appointed for a term of 4 years.
          (3) Vacancies.--
                  (A) In general.--A vacancy on the Commission shall be 
                filled in the manner in which the original appointment 
                was made and shall be subject to any conditions which 
                applied with respect to the original appointment.
                  (B) Expired terms.--A member of the Commission may 
                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 chosen to fill a 
                vacancy shall be appointed for the unexpired term of 
                the member replaced.
  (c) Chair and Vice Chair.--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.
  (d) Compensation.--
          (1) In general.--Members of the Commission shall each be paid 
        at an annual rate equal to $30,000.
          (2) Travel expenses.--Members of the Commission shall each 
        receive 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 Commission.
          (3) Outside employment permitted.--A member of the Commission 
        may hold any other office or employment not inconsistent or in 
        conflict with the member's duties, responsibilities, and powers 
        as a member of the Commission.

SEC. 204. STAFF.

  (a) Executive Director and Other Staff.--
          (1) In general.--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.
          (2) Term of service for executive director.--Except as 
        provided in paragraph (3)(C), the Executive Director shall 
        serve for a term of 4 years. An Executive Director may be 
        reappointed for additional terms.
          (3) Procedure for appointment.--
                  (A) In general.--When a vacancy exists in the 
                position of the Executive Director, the Election 
                Assistance Commission Standards Board and the Election 
                Assistance Commission Board of Advisors (described in 
                part 2) shall each appoint a search committee to 
                recommend not fewer than 3 nominees for the position.
                  (B) Requiring consideration of nominees.--Except as 
                provided in subparagraph (C), the Commission shall 
                consider the nominees recommended by the Standards 
                Board and the Board of Advisors in appointing the 
                Executive Director.
                  (C) Special rules for first 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 the first 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 first Executive 
                        Director from serving any additional term.
          (4) 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.
          (5) Applicability of certain civil service laws.--The 
        Executive Director 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.
  (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, with the approval of a majority of the members of the Commission.
  (c) Staff of Federal Agencies.--Upon request of the Chair, 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 Election Assistance Commission Board of 
Advisors or the Election Assistance Commission Standards Board 
established under part 2, the Executive Director shall enter into such 
arrangements as the Executive Director 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 
Election Assistance Commission Board of Advisors and the Election 
Assistance Commission Standards Board established under part 2.

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 Chair 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 Chair 
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. 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 the National Voter Registration Act of 1993.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

  In addition to the amounts authorized for payments and grants under 
subtitle C and the amounts authorized to be appropriated for the 
program under section 303, there are authorized to be appropriated for 
each of the fiscal years 2002 through 2004 such sums as may be 
necessary (but not to exceed $10,000,000 for each such year) for the 
Commission to carry out its duties under 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 section 223, review any of 
the voluntary engineering and procedural performance standards 
described in section 221(a)(1), any of the voluntary standards 
described in section 221(a)(4), and any of the voluntary election 
management practice standards described in section 221(a)(6) (and any 
modifications to such standards) which are recommended by the 
Commission under subtitle B.

SEC. 213. MEMBERSHIP OF STANDARDS BOARD.

  (a) Composition.--
          (1) In general.--Subject to certification by the chair of the 
        Federal Election Commission under subsection (b), the Standards 
        Board shall be composed of 110 members as follows:
                  (A) 55 shall be the chief State election officials of 
                each State.
                  (B) 55 shall be local election officials selected in 
                accordance with paragraph (2).
          (2) List of local election officials.--Each State's local 
        election officials shall select (under a process supervised by 
        the chief election official of the State) a representative 
        local election official from the State for purposes of 
        paragraph (1)(B). In the case of the District of Columbia, 
        Guam, and American Samoa, the chief election official shall 
        establish a procedure for selecting an individual to serve as a 
        local election official for purposes of such paragraph, except 
        that under such a procedure the individual selected may not be 
        a member of the same political party as the chief election 
        official.
          (3) Requiring mix of political parties represented.--The 2 
        members of the Standards Board who represent the same State may 
        not be members of the same political party.
  (b) Procedures for Notice and Certification of Appointment.--
          (1) Notice to chair of federal election commission.--Not 
        later than 90 days after the date of the enactment of this Act, 
        a State shall transmit a notice to chair of the Federal 
        Election Commission containing--
                  (A) a statement that the chief election official of 
                the State 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 will 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 chief 
        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 Executive Board under 
        subsection (c).
          (4) Role of commission.--Upon the appointment of the members 
        of the Election Assistance Commission, the Election Assistance 
        Commission shall carry out the duties of the Federal Election 
        Commission under this subsection.
  (c) Executive Board.--
          (1) In general.--Not later than 60 days after the last day on 
        which the appointment of any of its members may be certified 
        under subsection (b), the Standards Board shall select 9 of its 
        members to serve as the Executive Board of the Standards Board, 
        of whom--
                  (A) not more than 5 may be chief State election 
                officials;
                  (B) not more than 5 may be local election officials; 
                and
                  (C) not more than 5 may be members of the same 
                political party.
          (2) Terms.--Except as provided in paragraph (3), members of 
        the Executive Board of the Standards Board shall serve for a 
        term of 2 years and may not serve for more than 3 consecutive 
        terms.
          (3) Staggering of initial terms.--Of the members first 
        selected to serve on the Executive Board of the Standards 
        Board--
                  (A) 3 shall serve for one term;
                  (B) 3 shall serve for 2 consecutive terms; and
                  (C) 3 shall serve for 3 consecutive terms,
        as determined by lot at the time the members are first 
        appointed.
          (4) Duties.--In addition to any other duties assigned under 
        this title, the Executive Board of the Standards Board may 
        carry out such duties of the Standards Board as the Standards 
        Board may delegate.

SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.

  (a) In General.--The Board of Advisors shall be composed of 25 
members appointed as follows:
          (1) 2 members appointed by the United States Commission on 
        Civil Rights.
          (2) 2 members appointed by the Architectural and 
        Transportation Barrier Compliance Board under section 502 of 
        the Rehabilitation Act of 1973 (29 U.S.C. 792).
          (3) 2 members appointed by the National Governors 
        Association.
          (4) 2 members appointed by the National Conference of State 
        Legislatures.
          (5) 2 members appointed by the National Association of 
        Secretaries of State.
          (6) 2 members appointed by the National Association of State 
        Election Directors.
          (7) 2 members appointed by the National Association of 
        Counties.
          (8) 2 members appointed by the National Association of County 
        Recorders, Election Administrators, and Clerks.
          (9) 2 members appointed by the United States Conference of 
        Mayors.
          (10) 2 members appointed by the Election Center.
          (11) 2 members appointed by the International Association of 
        County Recorders, Election Officials, and Treasurers.
          (12) 2 members representing professionals in the field of 
        science and technology, of whom 1 shall be appointed by the 
        Speaker of the House of Representatives and 1 shall be 
        appointed by the majority leader of the Senate (or, if the 
        majority leader is a member of the same political party as the 
        Speaker, by the minority leader of the Senate).
          (13) The chief of the Office of Public Integrity of the 
        Department of Justice, or the chief's designee.
  (b) Diversity in 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 standards referred to it 
                under section 223;
                  (B) in the case of the Standards Board, not less 
                frequently than once every 2 years for purposes of 
                selecting the Executive Board; and
                  (C) at such other times as it considers appropriate 
                for purposes of conducting such other business as it 
                considers appropriate consistent with this title.
  (b) Information From Federal Agencies.--The Standards Board and the 
Board of Advisors may each secure directly from any Federal department 
or agency such information as the Board considers necessary to carry 
out this Act. Upon request of the Executive Board (in the case of the 
Standards Board) or the Chair (in the case of the Board of Advisors), 
the head of such department or agency shall furnish such information to 
the Board.
  (c) Postal Services.--The Standards Board and the Board of Advisors 
may use the United States mails in the same manner and under the same 
conditions as a department or agency of the Federal Government.
  (d) Administrative Support Services.--Upon the request of the 
Executive Board (in the case of the Standards Board) or the Chair (in 
the case of the Board of Advisors), the Administrator of the General 
Services Administration shall provide to the Board, on a reimbursable 
basis, the administrative support services that are necessary to enable 
the Board to carry out its duties under this title.
  (e) No Compensation for Service.--Members of the Standards Board and 
members of the Board of Advisors shall not receive any compensation for 
their service, but shall be paid travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the performance 
of services for the Board.

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

  (a) In General.--The provisions of chapters 161 and 171 of title 28, 
United States Code, shall apply with respect to the liability of the 
Standards Board, theBoard 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.

                Subtitle B--Voluntary Election Standards

SEC. 221. DEVELOPMENT OF VOLUNTARY ELECTION STANDARDS.

  (a) In General.--The Commission shall:
          (1) In accordance with section 223, develop (through the 
        Executive Director of the Commission), adopt, and update (not 
        less often than every 4 years thereafter) voluntary engineering 
        and procedural performance standards for voting systems used in 
        Federal elections which shall meet the following requirements:
                  (A) The scope of the standards should include 
                security (including a documentary audit for non-ballot 
                systems), the procedures for certification and 
                decertification of software and hardware, the 
                assessment of usability, and operational guidelines for 
                the proper use and maintenance of equipment.
                  (B) The standards should provide that voters have the 
                opportunity to correct errors at the precinct or other 
                polling place, either within the voting equipment 
                itself or in the operational guidelines to 
                administrators for using the equipment, under 
                conditions which assure privacy to the voter.
                  (C) Each voting tally system certified for use should 
                include as part of the certification a proposed 
                statement of what constitutes a proper vote in the 
                design and operation of the system.
                  (D) New voting equipment systems certified either by 
                the Federal government or by any State should provide a 
                practical and effective means for voters with physical 
                disabilities to cast a secret ballot.
          (2) Maintain a clearinghouse of information on the 
        experiences of State and local governments in implementing the 
        voluntary standards described in paragraph (1) and in operating 
        voting systems in general.
          (3) In accordance with section 224, provide for the voluntary 
        testing, certification, decertification, and recertification of 
        voting systems.
          (4) Advise States and units of local government regarding 
        compliance with the requirements of the Voting Accessibility 
        for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.) 
        and compliance with other Federal laws regarding accessibility 
        of registration facilities and polling places. Additionally, in 
        accordance with section 223, the Commission shall develop 
        (through the Executive Director of the Commission), adopt, and 
        update (not less often than every 4 years thereafter) voluntary 
        standards for maintaining and enhancing the accessibility and 
        privacy of registration facilities, polling places, and voting 
        methods with the goal of promoting for all individuals, 
        including the elderly and individuals with disabilities, the 
        accessibility of polling places and the effective use of voting 
        systems and voting equipment which provide the opportunity for 
        casting a secure and secret ballot, and shall include in such 
        standards voluntary guidelines regarding accessibility and 
        ease-of-use for States and units of local government to use 
        when obtaining voting equipment and selecting polling places. 
        In carrying out this paragraph, the Commission shall consult 
        with the Architectural and Transportation Barrier Compliance 
        Board under section 502 of the Rehabilitation Act of 1973 (29 
        U.S.C. 792) and other individuals and entities with expertise 
        in the accessibility of facilities for individuals with 
        disabilities.
          (5) Make periodic studies available to the public regarding 
        the election administration issues described in subsection (b), 
        with the goal of promoting methods of voting and administering 
        elections which--
                  (A) will be the most convenient, accessible, and easy 
                to use for voters, including members of the uniformed 
                services, blind and disabled voters, and voters with 
                limited English proficiency;
                  (B) will yield the most accurate, secure, and 
                expeditious system for voting and tabulating election 
                results;
                  (C) will be nondiscriminatory and afford each 
                registered and eligible voter an equal opportunity to 
                vote; and
                  (D) will be efficient and cost-effective for use.
          (6) In accordance with section 223, develop (through the 
        Executive Director of the Commission), adopt, and update (not 
        less often than every 4 years) voluntary election management 
        practice standards for State and local election officials to 
        maintain and enhance the administration of Federal elections, 
        including standards developed in consultation with the 
        Secretary of Defense to govern the treatment of 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) 
        which will include provisions to address each of the following:
                  (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.
                  (C) The rights of absent uniformed services voters 
                and overseas voters to submit absentee ballot 
                applications early during an election year.
                  (D) The appropriate pre-election 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.
          (7) Carry out the provisions of section 9 of the National 
        Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding 
        mail voter registration.
          (8) Make information on the Federal election system available 
        to the public and the media.
          (9) At the request of State officials, assist such officials 
        in the review of election or vote counting procedures in 
        Federal elections, through bipartisan panels of election 
        professionals assembled by the Commission for such purpose.
          (10) Compile and make available to the public the official 
        certified results of general elections for Federal office and 
        reports comparing the rates of voter registration, voter 
        turnout, voting system functions, and ballot errors among 
        jurisdictions in the United States.
          (11) Gather information and serve as a clearinghouse 
        concerning issues relating to Federal, State, and local 
        elections.
  (b) Election Administration Issues Described.--The election 
administration issues described in this subsection are as follows:
          (1) Current and alternate methods and mechanisms of voting 
        and counting votes in elections for Federal office.
          (2) Current and alternate ballot designs for elections for 
        Federal office.
          (3) Current and alternate 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 all registered voters 
        appear on the polling list at the appropriate polling site.
          (4) Current and alternate methods of conducting provisional 
        voting.
          (5) Current and alternate methods of ensuring the 
        accessibility of voting, registration, polling places, and 
        voting equipment to all voters, including disabled voters and 
        voters with limited English proficiency.
          (6) Current and alternate 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.
          (7) Current and alternate methods of recruiting and improving 
        the performance of poll workers.
          (8) Federal and State laws governing the eligibility of 
        persons to vote.
          (9) Current and alternate 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) Matters particularly relevant to voting and 
        administering elections in rural and urban areas.
          (11) 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.
          (12) The 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.
  (c) 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.

SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COMMITTEE.

  (a) Establishment.--There is hereby established the Technical 
Standards Development Committee (hereafter in this subtitle 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 
        voluntary standards under this subtitle by recommending 
        standards (and modifications to standards) to ensure the 
        usability, accuracy, security, accessibility, and integrity of 
        voting systems and voting equipment.
          (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) 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.--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.
  (f) Publication of Recommendations in Federal Register.--At the time 
the Commission adopts any standard pursuant to section 223, 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 standard adopted.

SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STANDARDS.

  (a) Consideration of Recommendations of Development Committee; 
Submission of Proposed Voluntary Standards to Board of Advisors and 
Standards Board.--
          (1) Consideration of recommendations of development 
        committee.--In developing standards and modifications for 
        purposes of this section, the Executive Director of the 
        Commission shall take into consideration the recommendations 
        provided by the Technical Standards Development Committee under 
        section 222.
          (2) Board of advisors.--The Executive Director of the 
        Commission shall submit each of the voluntary engineering and 
        procedural performance standards (described in section 
        221(a)(1)), each of the voluntary standards described in 
        section 221(a)(4), and each of the voluntary election 
        management practice standards (described in section 221(a)(6)) 
        developed by the Executive Director (or any modifications to 
        such standards) to the Board of Advisors.
          (3) Standards board.--The Executive Director of the 
        Commission shall submit each of the voluntary engineering and 
        procedural performance standards (described in section 
        221(a)(1)), each of the voluntary standards described in 
        section 221(a)(4), and each of the voluntary election 
        management practice standards (described in section 221(a)(6)) 
        developed by the Executive Director (or any modifications to 
        such standards) to the Executive Board of the Standards Board, 
        who shall review the standard (or modification) and forward its 
        recommendations to the Standards Board.
  (b) Review.--Upon receipt of a voluntary standard described in 
subsection (a) (or modification of such a standard) 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 standard (or modification) to the Commission.
  (c) Final Approval.--
          (1) In general.--A voluntary standard described in subsection 
        (a) (or modification of such a standard) shall not be 
        considered to be finally adopted by the Commission unless the 
        majority of the members of the Commission vote to approve the 
        final adoption of the standard (or modification), taking into 
        consideration the comments and recommendations submitted by the 
        Board of Advisors and the Standards Board under subsection (b).
          (2) Minimum period for consideration of comments and 
        recommendations.--The Commission may not vote on the final 
        adoption of a voluntary standard described in subsection (a) 
        (or modification of such a standard) until the expiration of 
        the 90-day period which begins on the date the Executive 
        Director of the Commission submits the standard (or 
        modification) to the Board of Advisors and the Standards Board 
        under subsection (a).

SEC. 224. 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 engineering and procedural performance 
        standards under this subtitle, 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.--The Commission shall vote on the 
        proposed accreditation of each laboratory on the list submitted 
        under paragraph (1), and no laboratory may be accredited for 
        purposes of this section unless its accreditation is approved 
        by a majority vote of the members of the Commission.
  (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 
suchlaboratories, 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 majority 
        vote of the members of the Commission.

SEC. 225. DISSEMINATION OF INFORMATION.

  On an ongoing basis, the Commission shall disseminate to the public 
(through the Internet, published reports, and such other methods as the 
Commission considers appropriate) information on the activities carried 
out under this subtitle, including--
          (1) the voluntary election standards adopted by the 
        Commission, together with guidelines for applying the standards 
        and other information to assist in their implementation;
          (2) the list of laboratories accredited to carry out testing, 
        certification, decertification, and recertification of voting 
        system hardware and software under section 224; and
          (3) a list of voting system hardware and software products 
        which have been certified pursuant to section 224 as meeting 
        the applicable voluntary standards adopted by the Commission 
        under this subtitle.

                    Subtitle C--Election Assistance

PART 1--ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM IMPROVEMENTS

SEC. 231. ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM 
                    IMPROVEMENTS.

  (a) In General.--The Commission shall make an Election Fund payment 
each year in an amount determined under section 232 to each State which 
meets the requirements described in section 233 for the year.
  (b) Use of funds.--A State receiving an Election Fund payment shall 
use the payment for any or all of the following activities:
          (1) Establishing and maintaining accurate lists of eligible 
        voters.
          (2) Encouraging eligible voters to vote.
          (3) Improving verification and identification of voters at 
        the polling place.
          (4) Improving equipment and methods for casting and counting 
        votes.
          (5) Recruiting and training election official and poll 
        workers.
          (6) Improving the quantity and quality of available polling 
        places.
          (7) Educating voters about their rights and responsibilities.
          (8) Assuring access for voters with physical disabilities.
          (9) Carrying out other activities to improve the 
        administration of elections in the State.
  (c) Adoption of Commission Standards Not Required to Receive 
Payment.--Nothing in this part may be construed to require a State to 
implement any of the voluntary standards adopted by the Commission with 
respect to any matter as a condition for receiving an Election Fund 
payment.
  (d) Schedule of Payments.--As soon as practicable after all members 
of the Commission are appointed (but in no event later than 6 months 
thereafter), and not less frequently than once each calendar year 
thereafter, the Commission shall make Election Fund payments to States 
under this part.

SEC. 232. ALLOCATION OF FUNDS.

  (a) In General.--Subject to subsection (c), the amount of an Election 
Fund payment made to a State for a year shall be equal to the product 
of--
          (1) the total amount appropriated for Election Fund payments 
        for the year under section 234; 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; and
          (2) the total voting age population of all States.
  (c) Minimum Amount of Payment.--The amount of an Election Fund 
payment made to a State for a year may not be less than--
          (1) in the case of any of the several States or the District 
        of Columbia, \1/2\ of 1 percent of the total amount 
        appropriated for Election Fund payments for the year under 
        section 234; or
          (2) in the case of the Commonwealth of Puerto Rico, Guam, 
        American Samoa, or the United States Virgin Islands, 20% of the 
        amount described in paragraph (1).
  (d) Continuing Availability of Funds After Appropriation.--An 
Election Fund payment made to a State under this part shall be 
available to the State without fiscal year limitation.

SEC. 233. CONDITIONS FOR RECEIPT OF FUNDS.

  (a) In General.--In order to receive an Election Fund payment for a 
fiscal year, the chief State election official of the State shall 
provide the Commission with the following certifications:
          (1) A certification that the State has authorized and 
        appropriated funds for carrying out the activities for which 
        the Election Fund payment is made in an amount equal to 25 
        percent of the total amount to be spent for such activities 
        (taking into account the Election Fund payment and the amount 
        spent by the State).
          (2) A certification that the State has set a uniform 
        Statewide benchmark for voting system performance in each local 
        jurisdiction administering elections, expressed as a percentage 
        of residual vote in the contest at the top of the ballot, and 
        requires local jurisdictions to report data relevant to this 
        benchmark after each general election for Federal office.
          (3) A certification that the State is in compliance with the 
        voluntary voting system standards and certification processes 
        adopted by the Commission or that the State has enacted 
        legislation establishing its own State voting system standards 
        and processes which (at a minimum) ensure that new voting 
        mechanisms have the audit capacity to produce a record for each 
        ballot cast.
          (4) A certification that--
                  (A) in each precinct or polling place in the State, 
                there is at least one voting system available which is 
                fully accessible to individuals with physical 
                disabilities; and
                  (B) if the State uses any portion of its Election 
                Fund payment to obtain new voting machines, at least 
                one voting machine in each polling place in the State 
                will be fully accessible to individuals with physical 
                disabilities.
          (5) A certification that the State has established a fund 
        described in subsection (b) for purposes of administering its 
        activities under this part.
          (6) A certification that, in administering election systems, 
        the State is in compliance with the existing applicable 
        requirements of the Voting Rights Act of 1965 (42 U.S.C. 1973 
        et seq.), the National Voter Registration Act of 1993 (42 
        U.S.C. 1973gg et seq.), the Voting Accessibility for the 
        Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.), and the 
        Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.).
          (7) A certification that the State provides for voter 
        education and poll worker training programs to improve access 
        to and participation in the electoral process, and provides 
        relevant training in the requirements of the National Voter 
        Registration Act of 1993 for personnel of State motor vehicle 
        authority offices and other voter registration agencies 
        designated by the State under such Act.
          (8) A certification that the Election Fund payment has not 
        and will not supplant funds provided under existing programs 
        funded in the State for carrying out the activities for which 
        the Election Fund payment is made.
  (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 Election Fund payment is made to the State under 
                this part.
                  (B) The Election Fund 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 
        Election Fund payment is made to the State under this part.
  (c) Methods of Compliance Left to Discretion of State.--The specific 
choices on the methods of complying with the requirements described in 
subsection (a) shall be left to the discretion of the State.
  (d) 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. 234. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for Election Fund payments 
under this part an aggregate amount of $2,250,000,000 for fiscal years 
2002 through 2004.

     PART 2--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

SEC. 241. 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) assurances 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 blind individuals), 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 assurances 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).

SEC. 242. REPORT.

  (a) In General.--Each entity which receives a grant under this part 
shall submit to the Commission, Congress, and the President 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. 243. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for grants under this part 
$20,000,000 for fiscal year 2002.

     PART 3--PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY

SEC. 251. 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 implemented on a trial basis.
  (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) assurances 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 blind 
        individuals), 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 assurances as the Commission 
        may require.

SEC. 252. REPORT.

  (a) In General.--Each entity which receives a grant under this part 
shall submit to the Commission, Congress, and the President 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. 253. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for grants under this part 
$10,000,000 for fiscal year 2002.

                         PART 4--MISCELLANEOUS

SEC. 261. ROLE OF NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.

  (a) Recommendation of Topics for Research Under Voting Research 
Grants and Pilot Programs.--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 part 2 and part 3 during the year.
  (b) Review of Grant Applications Received by Commission.--The 
Commission shall submit each application it receives for a grant under 
part 2 or part 3 to the Director, who shall review the application and 
provide the Commission with such comments as the Director considers 
appropriate.
  (c) Monitoring and Adjustment of Grant Activities.--After the 
Commission has awarded a grant under part 2 or part 3, the Director 
shall monitor the grant and (to the extent permitted under the terms of 
the grant as awarded) may recommend to the Commission that the 
recipient of the grant modify and adjust the activities carried out 
under the grant.
  (d) Evaluation of Completed Grants.--
          (1) In general.--After the recipient of a grant awarded by 
        the Commission has completed the terms of the grant, the 
        Director shall prepare and submit to the Commission an 
        evaluation of the grant and the activities carried out under 
        the grant.
          (2) Inclusion in reports.--The Commission shall include the 
        evaluations submitted under paragraph (1) for a year in the 
        report submitted for the year under section 262.
  (e) Intramural Research and Development.--The Director shall 
establish a program for intramural research and development in areas to 
support the development of voluntary technical standards for voting 
products and systems, including--
          (1) the security of computers, computer networks, and 
        computer data storage used in voting products and systems, 
        including the Statewide voter registration networks required 
        under the minimum standard described in section 502(1);
          (2) methods to detect and prevent fraud;
          (3) the protection of voter privacy;
          (4) the role of human factors in the design and application 
        of voting products and systems, including assistive 
        technologies for individuals with disabilities and varying 
        levels of literacy; and
          (5) remote access voting, including voting through the 
        Internet.

SEC. 262. REPORTS.

  (a) Annual Reports on Activities.--Not later than 90 days after the 
end of each fiscal year, 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 on the 
activities carried out by the Commission under this subtitle during the 
previous fiscal year, and shall include in the report a description of 
all applications for Election Fund payments and grants received by the 
Commission during the year under this subtitle and the disposition of 
such applications.
  (b) 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 and to reduce voter error and the number 
of spoiled ballots in elections.

SEC. 263. AUDIT.

  (a) In General.--As a condition of receiving funds under this 
subtitle, a State or entity described in part 2 or part 3 shall agree 
that such funds shall be subject to audit if 2 or more members of the 
Commission vote to require an audit.
  (b) Mandatory Audit.--In addition to audits conducted pursuant to 
subsection (a), all funds provided under this subtitle shall be subject 
to mandatory audit at least once during the lifetime of the programs 
under this subtitle.

              TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM

SEC. 301. 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. 302. 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 301(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. 303. AUTHORIZATION OF APPROPRIATIONS.

  In addition to any funds authorized to be appropriated to the 
Commission under section 207, there are authorized to be appropriated 
to carry out this title--
          (1) $5,000,000 for fiscal year 2002; and
          (2) such sums as may be necessary for each succeeding fiscal 
        year.

                 TITLE IV--HELP AMERICA VOTE FOUNDATION

SEC. 401. 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;
          ``(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; and
          ``(3) establish cooperative efforts with State and local 
        election officials, local educational agencies, superintendents 
        and principals of public and private secondary schools, and 
        other appropriate nonprofit charitable and educational 
        organizations exempt from taxation under section 501(a) of the 
        Internal Revenue Code of 1986 as an organization described in 
        section 501(c)(3) of such Code to further the purposes of the 
        foundation.
  ``(b) Requiring Activities To Be Carried Out on Nonpartisan Basis.--
The foundation shall carry out its purposes without partisan bias or 
without promoting any particular point of view regarding any issue, and 
shall ensure that each participant in its activities is governed in a 
balanced manner which does not reflect any partisan bias.
  ``(c) Consultation With State Election Officials.--The foundation 
shall carry out its purposes under this section in consultation with 
the chief election officials of the States, the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, and the United 
States Virgin Islands.

``Sec. 152603. Board of directors

  ``(a) General.--The board of directors is the governing body of the 
foundation.
  ``(b) Members and Appointment.--(1) The board consists of 12 
directors, who shall be appointed not later than 60 days after the date 
of the enactment of this chapter as follows:
          ``(A) 4 directors (of whom not more than 2 may be members of 
        the same political party) shall be appointed by the President.
          ``(B) 2 directors shall be appointed by the Speaker of the 
        House of Representatives.
          ``(C) 2 directors shall be appointed by the minority leader 
        of the House of Representatives.
          ``(D) 2 directors shall be appointed by the majority leader 
        of the Senate.
          ``(E) 2 directors shall be appointed by the minority leader 
        of the Senate.
  ``(2) In addition to the directors described in paragraph (1), the 
chair and ranking minority member of the Committee on House 
Administration of the House of Representatives (or their designees) and 
the chair and ranking minority member of the Committee on Rules and 
Administration of the Senate (or their designees) shall each serve as 
an ex officio nonvoting member of the board.
  ``(3) A director is not an employee of the Federal government and 
appointment to the board does not constitute appointment as an officer 
or employee of the United States Government for the purpose of any law 
of the United States (except as may otherwise be provided in this 
chapter).
  ``(4) The terms of office of the directors are 4 years.
  ``(5) A vacancy on the board shall be filled in the manner in which 
the original appointment was made.
  ``(c) Chair.--The directors shall select 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) 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 2002; 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 V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS

SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS.

  (a) In General.--The chief State election official of each State 
shall certify in writing to the Election Assistance Commission that--
          (1) in administering election systems, the State is in 
        compliance with the existing applicable requirements of the 
        Voting Rights Act of 1965, the National Voter Registration Act 
        of 1993, the Uniformed and Overseas Citizens Absentee Voting 
        Act, the Voting Accessibility for the Elderly and Handicapped 
        Act, and the Americans With Disabilities Act of 1990; and
          (2) the State has enacted legislation to enable the State to 
        meet each of the minimum standards for State election systems 
        described in section 502.
  (b) Methods of Implementation Left to Discretion of State.--The 
specific choices on the methods of implementing the legislation enacted 
pursuant to subsection (a)(2) shall be left to the discretion of the 
State.
  (c) Chief State Election Official Defined.--In this title, 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. 502. STANDARDS DESCRIBED.

  The minimum standards for State election systems described in this 
section are as follows:
          (1) The State will implement a Statewide voter registration 
        system networked to every local jurisdiction in the State, with 
        provisions for sharing data with other States, except that this 
        paragraph shall not apply in the case of a State in which, 
        under law in effect continuously on and after the date of the 
        enactment of this Act, there is no voter registration 
        requirement for any voter in the State with respect to an 
        election for Federal office.
          (2) The State election system includes 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 which removes 
                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, registrants who have not voted in 2 or more 
                consecutive general elections for Federal office and 
                who have not responded to a notice 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.
          (3) The State permits, by the deadline required under section 
        504(b), in-precinct provisional voting by every voter who 
        claims to be qualified to vote in the State, or has adopted an 
        alternative which achieves the same objective, except that this 
        paragraph shall not apply in the case of a State in which, 
        under law in effect continuously on and after the date of the 
        enactment of this Act, all votes in the State in general 
        elections for Federal office are cast by mail.
          (4) The State has adopted uniform standards that define what 
        will constitute a vote on each category of voting equipment 
        certified for use in the State.
          (5) The State has implemented safeguards to ensure that 
        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) in 
        the jurisdiction have the opportunity to vote and to have their 
        votes counted.
          (6) The State requires new voting systems to provide a 
        practical and effective means for voters with physical 
        disabilities to cast a secret ballot.
          (7) If the State uses voting systems which give voters the 
        opportunity to correct errors, the State shall ensure that 
        voters are able to check for and correct errors under 
        conditions which assure privacy. States, and units of local 
        government within the States, replacing all voting machines 
        within their jurisdiction shall ensure that the new voting 
        system gives voters the opportunity to correct errors before 
        the vote is cast.

SEC. 503. ENFORCEMENT.

  (a) Report by Commission to Attorney General.--If a State does not 
provide a certification under section 501 to the Election Assistance 
Commission, or if the Commission has credible evidence that a State's 
certification is false or that a State is carrying out activities in 
violation of the terms of the certification, the Commission shall 
notify the Attorney General.
  (b) Action by Attorney General.--After receiving notice from the 
Commission under subsection (a), the Attorney General may bring a civil 
action against a State in an appropriate district court for such 
declaratory or injunctive relief as may be necessary to remedy a 
violation of this title.

SEC. 504. EFFECTIVE DATE.

  (a) In General.--Except as provided in subsection (b), the 
requirements of this title shall take effect upon the expiration of the 
2-year period which begins on the date of the enactment of this Act, 
except that if the chief State election official of a State certifies 
that good cause exists to waive the requirements of this title with 
respect to the State until the date of the regularly scheduled general 
election for Federal office held in November 2004, the requirements 
shall apply with respect to the State beginning on the date of such 
election.
  (b) Deadlines for Implementation of Provisional Voting.--The minimum 
standard described in section 502(3) (relating to permitting in-
precinct provisional voting) shall apply with respect to the regularly 
scheduled general election for Federal office held in November 2002 and 
each succeeding election for Federal office, except that if the chief 
State election official of a State certifies that good cause exists to 
delay the implementation of such standard in the State, the standard 
shall apply in the State with respect to the regularly scheduled 
general election for Federal office held in November 2004 and each 
succeeding election for Federal office held in the State.

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

SEC. 601. VOTING ASSISTANCE PROGRAMS.

  (a) In General.--(1) Chapter 80 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 1566. Voting assistance: compliance assessments; assistance

  ``(a) Regulations.--The Secretary of Defense shall prescribe 
regulations to require that the Army, Navy, Air Force, and Marine Corps 
ensure their compliance with any directives issued by the Secretary of 
Defense in implementing any voting assistance program.
  ``(b) Voting Assistance Programs Defined.--In this section, the term 
`voting assistance programs' means--
          ``(1) the Federal Voting Assistance Program carried out under 
        the Uniformed and Overseas Citizens Absentee Voting Act (42 
        U.S.C. 1973ff et seq.); and
          ``(2) any similar program.
  ``(c) Annual Effectiveness and Compliance Reviews.--(1) The Inspector 
General of each of the Army, Navy, Air Force, and Marine Corps shall 
conduct--
          ``(A) an annual review of the effectiveness of voting 
        assistance programs; and
          ``(B) an annual review of the compliance with voting 
        assistance programs of that armed force.
  ``(2) Upon the completion of each annual review under paragraph (1), 
each Inspector General specified in that paragraph shall submit to the 
Inspector General of the Department of Defense a report on the results 
of each such review. Such report shall be submitted in time each year 
to be reflected in the report of the Inspector General of the 
Department of Defense under paragraph (3).
  ``(3) Not later than March 31 each year, the Inspector General of the 
Department of Defense shall submit to Congress a report on--
          ``(A) the effectiveness during the preceding calendar year of 
        voting assistance programs; and
          ``(B) the level of compliance during the preceding calendar 
        year with voting assistance programs of each of the Army, Navy, 
        Air Force, and Marine Corps.
  ``(d) Inspector General Assessments.--(1) The Inspector General of 
the Department of Defense shall periodically conduct at Department of 
Defense installations unannounced assessments of the compliance at 
those installations with--
          ``(A) the requirements of the Uniformed and Overseas Citizens 
        Absentee Voting Act (42 U.S.C. 1973ff et seq.);
          ``(B) Department of Defense regulations regarding that Act 
        and the Federal Voting Assistance Program carried out under 
        that Act; and
          ``(C) other requirements of law regarding voting by members 
        of the armed forces.
  ``(2) The Inspector General shall conduct an assessment under 
paragraph (1) at not less than 10 Department of Defense installations 
each calendar year.
  ``(3) Each assessment under paragraph (1) shall include a review of 
such compliance--
          ``(A) within units to which are assigned, in the aggregate, 
        not less than 20 percent of the personnel assigned to duty at 
        that installation;
          ``(B) within a representative survey of members of the armed 
        forces assigned to that installation and their dependents; and
          ``(C) within unit voting assistance officers to measure 
        program effectiveness.
  ``(e) Regular Military Department Assessments.--The Secretary of each 
military department shall include in the set of issues and programs to 
be reviewed during any management effectiveness review or inspection at 
the installation level an assessment of compliance with the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) 
and with Department of Defense regulations regarding the Federal Voting 
Assistance Program.
  ``(f) Voting Assistance Officers.--(1) Voting assistance officers 
shall be appointed or assigned under Department of Defense regulations. 
Commanders at all levels are responsible for ensuring that unit voting 
officers are trained and equipped to provide information and assistance 
to members of the armed forces on voting matters. Performance 
evaluation reports pertaining to a member who has been assigned to 
serve as a voting assistance officer shall comment on the performance 
of the member as a voting assistance officer. The Secretary of each 
military department shall certify to Congress that (at a minimum) a 
voting assistance officer has been appointed or assigned for each 
military installation and major command under the jurisdiction of the 
department and that a replacement will be appointed if the original 
officer is no longer able to serve.
  ``(2) Under regulations and procedures 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.
  ``(3) As part of each assessment prepared by the Secretary of a 
military department under subsection (e), the Secretary shall--
          ``(A) specify the number of members of the armed forces under 
        the jurisdiction of the Secretary who are appointed or assigned 
        to duty as voting assistance officers;
          ``(B) specify the ratio of voting assistance officers to 
        active duty members of the armed forces under the jurisdiction 
        of the Secretary;
          ``(C) indicate whether this number and ratio comply with the 
        requirements of the Federal Voting Assistance Program; and
          ``(D) describe the training such members receive to perform 
        their duties as voting assistance officers.
  ``(g) 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 requirement.
  ``(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, reenlists, or 
voluntarily extends an enlistment or who completes a permanent change 
of station in an active or reserve component of the Army, Navy, Air 
Force, or Marine Corps shall receive such form at the time of the 
enlistment, reenlistment, extension, or completion of the permanent 
change of station, 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.
  ``(h) Delivery of Mail From Overseas Preceding Federal Elections.--
(1) During the four months preceding a general Federal election month, 
the Secretary of Defense shall periodically conduct surveys of all 
overseas locations and vessels at sea with military units responsible 
for collecting mail for return shipment to the United States and all 
port facilities in the United States and overseas where military-
related mail is collected for shipment to overseas locations or to the 
United States. The purpose of each survey shall be to determine if 
voting materials are awaiting shipment at any such location and, if so, 
the length of time that such materials have been held at that location. 
During the fourth and third months before a general Federal election 
month, such surveys shall be conducted biweekly. During the second and 
first months before a general Federal election month, such surveys 
shall be conducted weekly.
  ``(2) The Secretary shall ensure that voting materials are 
transmitted expeditiously by military postal authorities at all times. 
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 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.
  ``(3) 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.
  ``(4) In this section, the term `general Federal election month' 
means November in an even-numbered year.''.
  (2) The table of sections at the beginning of such chapter is amended 
by adding at the end the following new item:

``1566. Voting assistance: compliance assessments; assistance.''.
  (b) Initial Report.--The first report under section 1566(c)(3) of 
title 10, United States Code, as added by subsection (a), shall be 
submitted not later than March 31, 2003.

SEC. 602. 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 
        (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. 603. 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 602, 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 2001) on the number of absentee ballots transmitted to 
absent uniformed services voters and overseas voters for the election 
and the 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. 604. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE BALLOT 
                    APPLICATION PROCEDURES FOR ABSENT UNIFORMED 
                    SERVICES AND OVERSEAS VOTERS.

  (a) Requiring States to Accept Official Form For Simultaneous Voter 
Registration and Absentee Ballot Application; Deadline for Processing 
Application.--
          (1) In general.--Section 102(a) of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
        by section 602, is amended--
                  (A) by amending paragraph (2) to read as follows:
          ``(2) accept and process, with respect to any election for 
        Federal office, any otherwise valid voter registration 
        application and absentee ballot application from an absent 
        uniformed services voter or overseas voter, if the application 
        is received by the appropriate State election official not less 
        than 30 days before the election;'';
                  (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                  (C) by adding at the end the following new paragraph:
          ``(4) use the official post card form (prescribed under 
        section 101) for simultaneous voter registration application 
        and absentee ballot application.''.
          (2) Conforming amendments.--Section 101(b)(2) of such Act (42 
        U.S.C. 1973ff(b)(2)) is amended by striking ``as recommended in 
        section 104'' and inserting ``as required under section 
        102(4)''.
  (b) Use of Single Application for All Subsequent Elections.--Section 
104 of such Act (42 U.S.C. 1973ff-3) is amended to read as follows:

``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

  ``(a) In General.--If a State accepts and processes an official post 
card form (prescribed under section 101) submitted by an absent 
uniformed services voter or overseas voter for simultaneous voter 
registration and absentee ballot application (in accordance with 
section 102(a)(4)) and the voter requests that the application be 
considered an application for an absentee ballot for each subsequent 
election for Federal office held in the State during that year, the 
State shall provide an absentee ballot to the voter for each subsequent 
election for Federal office held in the State during that year.
  ``(b) Exception for Voters Changing Registration.--Subsection (a) 
shall not apply with respect to a voter registered to vote in a State 
for any election held after the voter notifies the State that the voter 
no longer wishes to be registered to vote in the State or after the 
State determines that the voter has registered to vote in another 
State.
  ``(c) Revision of Official Post Card Form.--The Presidential designee 
shall revise the official post card form (prescribed under section 101) 
to enable a voter using the form to--
          ``(1) request an absentee ballot for each election for 
        Federal office held in a State during a year; or
          ``(2) request an absentee ballot for only the next scheduled 
        election for Federal office held in a State.
  ``(d) No Effect on Voter Removal Programs.--Nothing in this section 
may be construed to prevent a State from removing any voter from the 
rolls of registered voters in the State under any program or method 
permitted under section 8 of the National Voter Registration Act of 
1993.''.

SEC. 605. 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 ensuring 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 sections 603 
        and 605(a), 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 Breakdown Between Overseas Voters and Absent Uniformed 
Services Voters in Statistical Analysis of Voter Participation.--
Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is amended by 
inserting after ``participation'' the following: ``(listed separately 
for overseas voters and absent uniformed services voters)''.

SEC. 606. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE 
                    COMPONENT FACILITIES AS POLLING PLACES.

  (a) Limited Use of Military Installations Authorized.--Section 2670 
of title 10, United States Code, is amended--
          (1) by striking ``Under'' and inserting ``(a) Use by Red 
        Cross.--Under'';
          (2) by striking ``this section'' and inserting ``this 
        subsection''; and
          (3) by adding at the end the following new subsection:
  ``(b) Use as Polling Places.--(1) Notwithstanding any other provision 
of law, the Secretary of a military department may make a building 
located on a military installation under the jurisdiction of the 
Secretary available for use as a polling place in any Federal, State, 
or local public election, but only if such use is limited to eligible 
voters who reside on that military installation.
  ``(2) If a building located on a military installation is made 
available under paragraph (1) as the site of a polling place, the 
Secretary shall continue to make the building available for subsequent 
elections unless the Secretary provides to the appropriate State or 
local election officials advance notice, in a reasonable and timely 
manner, of the reasons why the building will no longer be made 
available as a polling place.
  ``(3) In this section, the term `military installation' has the 
meaning given the term in section 2687(e) of this title.''.
  (b) Use of Reserve Component Facilities.--(1) Section 18235 of title 
10, United States Code, is amended by adding at the end the following 
new subsection:
  ``(c) Pursuant to a lease or other agreement under subsection (a)(2), 
the Secretary may make a facility covered by subsection (a) available 
for use as a polling place in any Federal, State, or local public 
election notwithstanding any other provision of law. If a facility is 
made available as the site of a polling place with respect to an 
election, the Secretary shall continue to make the facility available 
for subsequent elections unless the Secretary provides to the 
appropriate State or local election officials advance notice, in a 
reasonable and timely manner, of the reasons why the facility will no 
longer be made available as a polling place.''.
  (2) Section 18236 of such title is amended by adding at the end the 
following:
  ``(e) Pursuant to a lease or other agreement under subsection (c)(1), 
a State may make a facility covered by subsection (c) available for use 
as a polling place in any Federal, State, or local public election 
notwithstanding any other provision of law.''.
  (c) Conforming Amendments to Title 18.--(1) Section 592 of title 18, 
United States Code, is amended by adding at the end the following new 
sentence:
  ``This section shall not apply to the actions of members of the Armed 
Forces at any polling place on a military installation where a general 
or special election is held in accordance with section 2670(b), 18235, 
or 18236 of title 10.''.
  (2) Section 593 of such title is amended by adding at the end the 
following new sentence:
  ``This section shall not apply to the actions of members of the Armed 
Forces at any polling place on a military installation where a general 
or special election is held in accordance with section 2670(b), 18235, 
or 18236 of title 10.''.
  (d) Conforming Amendment to Voting Rights Law.--Section 2003 of the 
Revised Statutes of the United States (42 U.S.C. 1972) is amended by 
adding at the end the following new sentence: ``Making a military 
installation or reserve component facility available as a polling place 
in a Federal, State, or local public election in accordance with 
section 2670(b), 18235, or 18236 of title 10, United States Code, is 
deemed to be consistent with this section.''.
  (e) Clerical amendments.--(1) The heading of section 2670 of title 
10, United States Code, is amended to read as follows:

``Sec. 2670. Buildings on military installations: use by American 
                    National Red Cross and as polling places in 
                    Federal, State, and local elections''.

  (2) The item relating to such section in the table of sections at the 
beginning of chapter 159 of such title is amended to read as follows:

``2670. Buildings on military installations: use by American National 
Red Cross and as polling places in Federal, State, and local 
elections.''.

      TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL

SEC. 701. REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL.

  (a) In General.--Section 3629 of title 39, United States Code, is 
amended to read as follows:

``Sec. 3629. Reduced rates for official election mail

  ``(a) Notwithstanding any other provision of this title, the rate of 
postage for any first-class mail matter shall, in the case of official 
election mail, be equal to 50 percent of the regular first-class rate, 
subject to subsection (c).
  ``(b) For purposes of this section, the term `official election mail' 
means any mailing by a State or local election official that--
          ``(1) is mailed in the course of official business;
          ``(2) consists of voter registration or election information 
        or assistance prepared and mailed in a nonpartisan manner; and
          ``(3) bears such logo or other markings as the Postal Service 
        may require.
Such term does not include any mailing that includes any mail matter 
intended to promote government action unrelated to the conduct of an 
election.
  ``(c) Nothing in this section shall, with respect to any official 
election mail, be considered to make unavailable--
          ``(1) any free mailing privilege under section 3406 or any 
        other provision of law for which such mail otherwise qualifies; 
        or
          ``(2) any reduced rate of postage under section 3626 or any 
        other provision of law for which such mail otherwise qualifies, 
        if lower than the rate that would otherwise apply under 
        subsection (a).''.
  (b) Clerical Amendment.--The table of sections for chapter 36 of 
title 39, United States Code, is amended by striking the item relating 
to section 3629 and inserting the following:

``3629. Reduced rates for official election mail.''.

                   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 the Election Administration, established within the 
Federal Election Commission, exercised before the date of 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 the National Voter 
Registration Act of 1993 before the date of 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.

   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. MISCELLANEOUS PROVISIONS TO PROTECT INTEGRITY OF ELECTION 
                    PROCESS.

  (a) 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 has not 
voted or appeared to vote in 2 or more consecutive general elections 
for Federal office and has not notified the applicable registrar (in 
person or in writing) or responded to a notice sent by the applicable 
registrar during the period in which such elections are held that the 
individual intends to remain registered in the registrar's 
jurisdiction.''.
  (b) Prohibiting Efforts by Poll Workers to Coerce Voters to Cast 
Votes for Every Office on Ballot.--Section 594 of title 18, United 
States Code, is amended--
          (1) by striking ``Whoever'' and inserting ``(a) Whoever''; 
        and
          (2) by adding at the end the following new subsection:
  ``(b) For purposes of subsection (a), a poll worker who urges or 
encourages a voter who has not cast a vote for each office listed on 
the ballot to return to the voting booth to cast votes for every 
office, or who otherwise intimidates, harasses, or coerces the voter to 
vote for each such office (or who attempts to intimidate, harass, or 
coerce the voter to vote for each such office), shall be considered to 
have intimidated, threatened, or coerced (or to have attempted to 
intimidate, threaten, or coerce) the voter for the purpose of 
interfering with the voter's right to vote as the voter may choose. 
Nothing in this subsection shall prohibit a poll worker from providing 
information to a voter who requests assistance.''.

SEC. 903. NO EFFECT ON OTHER LAWS.

  (a) In General.--Nothing in this Act and no action taken pursuant to 
this Act shall supersede, restrict, or limit the application of the 
Voting Rights Act of 1965, the National Voter Registration Act of 1993, 
the Voting Accessibility for the Elderly and Handicapped Act, or the 
Americans with Disabilities Act of 1990.
  (b) No Conduct Authorized Which is Prohibited Under Other Laws.--
Nothing in this Act authorizes or requires any conduct which is 
prohibited by the Voting Rights Act of 1965, the National Voter 
Registration Act of 1993, or the Americans with Disabilities Act of 
1990.
  (c) Application to States, Local Governments, and Commission.--Except 
as specifically provided in the case of the National Voter Registration 
Act of 1993, nothing in this Act may be construed to affect the 
application of the Voting Rights Act of 1965, the National Voter 
Registration Act of 1993, or the Americans with Disabilities Act of 
1990 to any State, unit of local government, or other person, or to 
grant to the Election Assistance Commission the authority to carry out 
activities inconsistent with such Acts.

                       Purpose of the Legislation

    The purpose of H.R. 3295, the Help America Vote Act of 
2001, can be stated very simply--it is to improve our country's 
election system. The circumstances surrounding the election 
that took place in November 2000 brought an increased focus on 
the process of election administration, and highlighted the 
need for improvements. The Help America Vote Act of 2001 will 
make it possible to implement needed improvements.
    Historically, elections in this country have been 
administered at the state and local level. This system has many 
benefits that must be preserved. The dispersal of 
responsibility for election administration has made it 
impossible for a single centrally controlled authority to 
dictate how elections will be run, and thereby be able to 
control the outcome. This leaves the power and responsibility 
for running elections where it should be, in the hands of the 
citizens of this country. Local control has the further added 
benefit of allowing for flexibility, so that local authorities 
can tailor their procedures to meet the demands of disparate 
and unique communities. Further by leaving the responsibility 
for election administration in the hands of local authorities, 
if a problem arises, the citizens who live within their 
jurisdictions know whom to hold accountable. The local 
authorities who bear the responsibility cannot now, and should 
not in the future be able to, point the finger of blame at some 
distant, unaccountable, centralized bureaucracy.
    While local control must be preserved, it is time to 
recognize that the federal government can play a valuable roll 
by assisting state and local government in modernizing their 
election systems. H.R. 3295 will, for the first time, give the 
state and local governments some financial assistance, from the 
federal government, to improve their election infrastructure.

                       Summary of the Legislation

                     punch card replacement program

    The disadvantages of punch card voting systems were 
highlighted during the recount that took place in Florida 
following the November 2000 election. Large portions of the 
American public have lost confidence in them. For systems that 
use a blank punch card, a failure to properly align the card 
behind the ballot can result in the casting of a vote for a 
candidate the voter did not mean to select. The perforated chad 
on the punch card may not be completely punched out, so the 
machine counter does not register any vote for that office. In 
the event of a close election, punch cards are ill suited to a 
recount. Running the ballots through a counter repeatedly 
during a recount can result in the detachment of additional 
chads, essentially creating votes that were never meant to be 
cast. If a manual recount must be resorted to, officials are 
faced with the unenviable task of attempting to divine the 
intent of a voter based on the amount of depression or partial 
detachment of a chad.
    H.R. 3295 seeks to make punch card systems a part of our 
history, not our future. It authorizes $400 million to replace 
them. Any State or jurisdiction that used punch card voting 
systems in the November 2000 general election is eligible to 
receive up to $6000 per precinct to replace them. They must 
obligate the funds before the next federal election in November 
2002, and must have all their punch card systems replaced 
before the election in November 2004 (though they can get 
either deadline extended by 2 years for good cause shown). To 
hasten the dispersal of these dollars, this program will be 
administered by the General Services Administration.
    Some jurisdictions may choose not to replace their punch 
card systems, but H.R. 3295 makes funds available to those 
jurisdictions that want to modernize their systems. 
Additionally, the bill makes available funds for enhancement of 
these systems. For example, punch card systems can be made far 
more reliable if they are counted at the precinct, rather than 
at a central location. The enhancement program will provide 
funds to make improvements that will restore public confidence 
in punch card machines where they remain in use.

                     election assistance commission

    H.R. 3295 creates a new federal commission that will be 
tasked with providing information and assistance to state and 
local governments on best practices to successfully administer 
elections. The Commission has been structured to perform an 
advisory, as opposed to an administrative roll, in elections. 
The Commission has no rule making authority. The four 
commissioners will be recommended by the congressional 
leadership and will be appointed by the President. No more than 
two commissioners may be of the same party, to assure that the 
Commission acts in a nonpartisan fashion. The Commissioners 
will have experience or expertise in election administration or 
the study of elections, and will serve on a part time basis.
    In establishing this commission, the Committee sought to 
involve the state and local officials who will be tasked with 
carrying out its recommendations. Two boards were created under 
the Commission, the Advisory Board and the Standards Board. The 
twenty-five member Advisory Board will consist of 
representatives from various groups that are involved with or 
care about election administration issues. The Standards Board 
will consist of the chief state election official, and a local 
election official, from each of the 50 states, the District of 
Columbia and the territories. The Boards will review and 
comment on any proposed standards prior to consideration by the 
Commission. Since those who serve on the Board will determine 
if their jurisdictions will adopt any of the voluntary 
standards approved, their thoughts and comments will be given 
serious attention by the Commission.
    There is also created under the Commission a Technical 
Standards Development Committee. The Development Committee will 
assist the Executive Director of the Commission in the 
development of voluntary standards by recommending standards 
pertaining to the usability, accuracy, security, accessibility 
and integrity of voting systems and equipment. The Development 
Committee will be chaired by the Director of the National 
Institute of Standards and Technology, and will consist of 
members of the Board of Advisors and members of the Standards 
Board, among others.
    Once the Development Committee has developed proposed 
voluntary standards, it will submit them to the Executive 
Director. The Executive Director shall then forward the 
standards (as developed or with modifications) to the Boards 
for review and comment. After the Boards have had an 
opportunity to review or comment, the standards will be 
forwarded to the Commission, which can approve them by majority 
vote.
    This process will ensure that the standards are developed 
in a way that involves persons with real world technical 
expertise and experience in election administration. It is a 
process designed to give the people who will be responsible for 
administering elections, the state and local elections 
officials, a voice in the standards development process. By 
heeding that voice, the Commission should be able to make 
recommendations that truly reflect the recognized best 
practices of election administration.
    The Commission will have grant making power. In addition to 
distributing the election fund payments, the bill authorizes 
two grant programs. One grant program will be devoted to 
research on voting technology improvements, the second will 
distribute grants for pilot programs to test equipment and 
technology. The research and development program is designed to 
encourage innovative technological and management strategies 
that will improve the accessibility, efficiency and security of 
election systems. This program in conjunction with the pilot 
program should foster development of these strategies where it 
may not be cost effective for the private sector to conduct 
research on their own. Universities, local jurisdictions, and 
the private sector are eligible to participate alone or as 
partners. Ideas that can be explored could include, for 
example, developing ways to communicate in different ways to 
voters about their registration status before the election. 
This would avoid unnecessary confusion on Election Day about 
whether voters are registered and where they should vote. Use 
of the Internet or telephone systems in this initiative could 
preclude a great deal of confusion on Election Day and minimize 
unnecessary administrative burdens processing provisional 
ballots post election. These and other ideas could be explored 
to ensure that our election system and its associated 
technologies are constantly being improved.

                           funding conditions

    H.R. 3295 authorizes $2.25 billion over three years for 
Election Fund payments. These funds will be provided to states 
at a matching rate of 75% (federal) to 25% (state). States will 
be permitted to use these dollars for a range of activities 
which improve election administration. This will give states 
the opportunity to direct fund payments to the areas where the 
resources are most needed. Jurisdictions that want to modernize 
their voting equipment can use election fund payments for that 
purpose. Others may have more pressing needs for modernized 
statewide registration systems, or better education and 
training of voters and poll workers. The Election Fund is 
designed to allow states to determine their greatest needs, and 
direct resources where they are most needed.
    While the States will have flexibility in deciding where to 
direct dollars, they will be required to meet certain 
requirements as a condition of receiving funds. These funding 
conditions are not intended to be unduly burdensome, or to 
require states to incur obligations that will exceed the amount 
of funds appropriated and made available to the States. They 
will, however, ensure that the federal dollars are being spent 
appropriately, and that recipients meet certain criteria. The 
Commission will disperse election fund payments, and will 
monitor compliance with the funding conditions.

            help america vote foundation and college program

    There is a critical shortage of poll-workers in this 
country. Many election officials fear the problem will grow 
even worse as the volunteers they rely on, many of them 
retirees, grow older with little national effort to recruit new 
volunteers. Experienced and well trained poll workers are 
essential to making our elections run properly. They provide 
assistance to voters, make sure proper procedures are followed, 
and guard the integrity of our elections.
    A second well recognized problem in this country is the 
disengagement of our young people from the electoral process. 
For far too many of our young citizens, politics is a confusing 
and uninteresting side show in which they have no desire to 
participate.
    The creation of the Help America Vote Foundation and 
College Program is designed to address both of these problems. 
These programs will encourage civic involvement by high school 
and college students by making them available for service as 
non-partisan poll workers and assistants to local election 
authorities. This will have the two-fold benefit of alleviating 
the shortage of volunteers, while also exposing our youth to 
the electoral process. Ideally, many of those who will become 
exposed to the election process for the first time through this 
program, will cultivate a life long interest in the process, 
and will continue to serve as election volunteers for many 
years, or at a minimum continue to be engaged in American civic 
life as informed citizens and voters.
    The College Program will be administered by the Election 
Assistance Commission. The High School Program will be set up 
as a federally chartered corporation. The Commission will make 
grants for the college program, while thefederal corporation 
created will administer the High School program. Both programs must be 
carried out without partisan bias, and without promoting any particular 
point of view regarding any issue.

                           minimum standards

    The minimum standards in H.R. 3295 require States to meet 
certain criteria, regardless of whether or not they accept 
election fund payments. While they impose minimum requirements, 
they allow the states to develop their own laws and procedures 
to fulfill the requirements. The goal of the minimum standards 
is to improve our election system without issuing dictates that 
would rob states of the ability to craft their own solutions.
    The Minimum Standards are:
    (1) The State will implement a Statewide voter registration 
system networked to every local jurisdiction in the State, with 
provisions for sharing data with other States, except that this 
paragraph shall not apply in the case of a State in which, 
under law in effect continuously on and after the date of the 
enactment of this Act, there is no voter registration 
requirement for any voter in the State with respect to an 
election for Federal office.
    One of the most exciting and promising reforms that the 
Committee explored is statewide registration. In its June 2001 
report to Congress, the bipartisan Federal Election Commission, 
after consulting with state and local election officials, 
recommended that states ``1) develop and implement a statewide 
computerized voter registration database; 2) insure that all 
local registration offices are computerized; and 3) link their 
statewide computerized system, where feasible, with the 
computerized systems of the collateral public agencies relevant 
to the NVRA (motor-vehicle offices, public-assistance offices, 
etc.)''. The bi-partisan National Commission on Federal 
Election Reform (``Ford/Carter Commission'') also recommended 
states adopt such a system, as did the nation's election 
administrators in their non-partisan National Task Force on 
Election Reform.
    Creation of such a system will make the registration lists 
more accurate, and easier to update. It should reduce the 
incidence of voters appearing at a polling place only to 
discover that no record of their registration can be found. 
When voters move from one jurisdiction to another within that 
state, the statewide system will be able to track that 
movement. If for some reason a voter remained registered at 
their old address, the election officials will be able to see 
that and take corrective action. Requiring states to develop 
statewide databases will modernize and improve registration 
nationwide.
    People are mobile, but more than three-quarters of all 
residential moves are in-state. An effective statewide database 
can therefore be quite useful, including its capacity to 
address such common issues as the registration of in-state 
college students and people with second homes within a state. 
But perhaps the most important beneficiaries of statewide 
registration systems will be members of lower-income groups, 
who are more likely to move than higher-income groups within 
the same state.
    The minimum standard requires states to create a single 
database that is official, centralized and administered at the 
state level. Databases which simply link existing local 
databases do not qualify as satisfying this requirement. 
Multiple databases linking various vendor or local government 
programs to a statewide system is not sufficient to satisfy 
this requirement. The intent of the minimum standard is to 
establish one database that is identical and is the same 
program throughout the state and local jurisdictions so that 
all training can be uniform, all records requirements are 
identical, and that the state has full authority for 
maintenance and quality matters related to the database. The 
intent is also to assure that there are not jurisdictional nor 
vendor issues in terms of operability, problem resolution, or 
other types of reasons for one part of the system not matching 
the other.
    It is likely that states will find it necessary to create a 
unique identifier to distinguish registered voters who happen 
to have the same name and/or birth date. The unique identifier 
so created will be used to assure that list maintenance 
functions are attributable to the correct voter; so as to avoid 
removing registrants who happen to have the same name and birth 
date as a felon, for example. States are encouraged to use the 
unique identifier to share information with other governmental 
offices for purposes such as death certificates, court and tax 
records, etc., to assure proper maintenance of voter records, 
file integrity, and protection of voter rights. It is the 
intent of Congress to encourage the states to develop each 
statewide database system in such a manner that it will be 
possible at some point in the future for states to share data 
between them for the appropriate additions and removal of 
voters from their rolls.
    (2) The State election system includes 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 which removes 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, registrants who have not voted in 2 
or more consecutive general elections for federal office and 
who have not responded to a notice 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.
    States must ensure that their registration list is accurate 
and is updated regularly.Leaving ineligible voters on the rolls 
leads to a number of problems. It increases costs as more ballots must 
be printed and more mailings must be sent out to voters that have died 
or moved away. This is a waste of vital resources that serves no 
purpose. One of the most damaging effects of inaccurate rolls is that 
they lead to the public perception that the process can be easily 
manipulated. When the number of voters on a registration list exceeds a 
jurisdiction's voting age population (itself an artificially high 
number because it includes non-citizens and person only temporarily in 
the jurisdiction), the perception is that the process has no integrity 
and accountability. Furthermore, when ineligible voters are left on 
rolls indefinitely, it invites fraud. Those who wish to commit fraud 
can vote in more than one jurisdiction, or more problematic, cast 
multiple votes in the names of those they know are no longer eligible.
    A fraudulent vote that nullifies a legal one, 
disenfranchises the legal voter as surely as if his or her vote 
had never been cast at all. States are therefore obligated to 
maintain accurate lists, and thereby minimize the opportunities 
for and the incidence of fraud.
    The minimum standard requires that removal of those deemed 
ineligible must be done in a manner consistent with the 
National Voter Registration Act. The procedures established by 
NVRA that guard against removal of eligible registrants remain 
in effect under this law. Accordingly, H.R. 3295 leaves NVRA 
intact, and does not undermine it in any way.
    (3) The State permits, by the deadline required under 
section 504(b), in-precinct provisional voting by every voter 
who claims to be qualified to vote in the State, or has adopted 
an alternative which achieves the same objective, except that 
this paragraph shall not apply in the case of a State in which, 
under law in effect continuously on and after the date of the 
enactment of this Act, all votes in the State in general 
elections for Federal office are cast by mail.
    The Committee spent considerable time and energy learning 
about in-precinct provisional voting. In spite of the statewide 
registration system and file maintenance requirements, there 
will still be some instances where a voter who is qualified to 
vote does not appear on the registration list when they present 
themselves to vote.
    In-precinct provisional voting enables people whose 
eligibility is in doubt to vote in their precinct, without 
having to travel somewhere else to swear they are eligible to 
vote, and have their registration verified in the days 
following an election. The Committee believes provisional 
voting is necessary to the administration of a fair, 
democratic, and effective election system, and represents the 
ultimate safeguard to ensuring a person's right to vote. For 
these reasons, the Committee has included it in the bill. Under 
the bill, in-precinct provisional voting will be required in 
every jurisdiction except states that have or plan to adopt an 
alternative which achieves the same objective, such as same-day 
registration or voting-by-mail.
    Studies of the nation's election system find that a 
significant problem voters experience is to arrive at the 
polling place believing that they are eligible to vote, and 
then to be turned away because the election workers cannot find 
their names on the list of qualified voters.
    There are at least eight reasons this occurs:
    1. Voters may be turned away because of administrative 
errors. Poll workers may overlook their names or not match them 
up with a different spelling. In most jurisdictions, poll 
workers work from printed lists of voters produced for each 
precinct. Staff in the offices that produce these lists can 
make clerical errors.
    2. Poll workers may overlook a voter's name on the precinct 
roster, or may not be aware that the voter is listed on a 
supplemental roster containing the names of voters who 
registered shortly before the election.
    3. Voters may have their names improperly removed from the 
voting rolls.
    4. Voters may appear at the wrong precinct because they did 
not receive, or received but did not heed, a notice that their 
polling place had moved.
    5. Motor-vehicle departments or social-service agencies 
that are supposed to make registration applications available 
to clients may improperly handle the applications or fail to 
forward them to proper election officials in a timely manner.
    6. Voters may fail to notify their registrar, or fail to 
re-register, after a change of address.
    7. Well-intentioned organizations seeking to register 
voters may mishandle registration materials.
    8. Otherwise qualified citizens may simply fail to 
register.
    Whatever the cause, eligible citizens may believe they have 
registered. Unfortunately, when they subsequently attempt to 
vote, they are not on the list. In-precinct provisional voting, 
or an alternative which achieves the same objective, such as 
same-day registration (currently used by Idaho, Maine, New 
Hampshire, Wisconsin, Wyoming, and Minnesota); voting-by-mail 
(used by Oregon and Washington State); or no voter registration 
requirement (North Dakota), can solve this problem.
    In-precinct provisional voting has four key advantages:
    1. Legally qualified voters are no longer turned away at 
the polls.
    2. In-precinct provisional voting limits the ability of 
states to impose extra hurdles that may have the effect of 
deterring the use of provisional voting. For example,in 
Pennsylvania, voters whose names do not appear on the precinct rosters 
are required to travel to police stations to see an election judge, who 
determines whether or not they have the right to vote. Voters must then 
return to the polling location in order to cast their votes. Many 
voters, who are faced with the choice of traveling to the police 
station or leaving, ultimately do not vote either because they are 
intimidated by going to a police station or because it is logistically 
difficult or inconvenient.
    3. Voter participation is easier and more efficient, as 
poll workers can provide an option to voters who may be angry 
or frustrated by their absence from the registration list. 
These often ill-trained and low-paid temporary workers do not 
have to research or resolve cases on the spot, while other 
voters impatiently wait in line. Nor are more senior election 
officials tied down in resolving such questions during Election 
Day.
    4. Voter registration becomes more accurate. The process 
becomes another way to amend registrations for people who 
evidently wish to vote. Officials can detect and correct 
mistakes and the research process, by helping senior 
administrators notice which problems are causing the mistakes, 
thus can help many other current and potential voters.
    (4) The State has adopted uniform standards that define 
what will constitute a vote on each category of voting 
equipment certified for use in the State.
    Requiring states to have a uniform standard for what 
constitutes a vote will ensure that voters receive the equal 
protection of the laws with respect to the counting of their 
ballots. Votes should be counted using objective standards put 
in place before an election contest. Whether or not a vote is 
counted should not depend on where a voter happens to live, nor 
should it depend on varying subjective interpretations of state 
laws by local election officials. Similarly marked ballots 
should not be discarded in one jurisdiction, but counted in 
another.
    As Americans learned in November and December 2000, a major 
part of the problem in Florida was that the vote-counting 
process was subjective and inconsistent, with definitions of 
what constitutes a vote varying from jurisdiction to 
jurisdiction. The United States Supreme Court found such a 
standardless process to be a violation of the Equal Protection 
Clause of the Constitution.
    As the Committee discovered, Florida is not alone. Most 
states do not prescribe a standard for election officials to 
follow in recounting votes. Amorphous statutory references to 
the ``intent of the voter'' invite still more confusion and 
ambiguity. ``Intent of the voter'' is not a standard but rather 
a subjective judgment, virtually guaranteeing litigation. It is 
unfair to voters, to candidates and to democracy.
    The crux of the problem is that all systems that rely on 
individual ballots inherently raise questions as to whether a 
particular configuration is or is not a ``vote.'' Such systems 
include traditional paper ballots, punch card ballots, connect 
the arrow ballots, or optical scan ballots, all of which the 
voter must alter in some manner to create a vote. Lever systems 
and DRE machines do not create a ballot with voter marks; 
therefore, there is no particular mark available to review.
    Because every vote properly cast must be counted, and 
recounts are routinely conducted to make certain that all 
ballots have been properly counted, the Committee believes that 
uniform standards for what constitutes a vote must be adopted 
by all states. The definition of a vote shall be as objective 
as possible and spelled out in clear language before Election 
Day.
    (5) The State has implemented safeguards to ensure that 
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) in 
the jurisdiction have the opportunity to vote and to have their 
votes counted.
    States must implement safeguards to ensure that absent 
uniformed service personnel and overseas voters have the 
opportunity to vote and have their votes counted. Those serving 
in our military and citizens living abroad face many hurdles 
when it comes to registering, receiving ballots and casting 
them timely. States must take action to ensure that these 
voters have the opportunity to vote and have their votes 
counted. States need to recognize the difficulties faced by 
these voters, and take steps to see that their votes are 
counted. (See below for additional provisions affecting these 
voters).
    (6) The State requires new voting systems to provide a 
practical and effective means for voters with physical 
disabilities to cast a secret ballot.
    Advancements in technology make it possible for voters with 
physical disabilities to cast a secret ballot. New systems 
should strive to make it possible for voters with physical 
disabilities to cast secret ballots. (See below for additional 
provisions affecting these voters).
    (7) If the State uses voting systems which give voters the 
opportunity to correct errors, the State shall ensure that 
voters are able to check for and correct errors under 
conditions which assure privacy. States, and units of local 
government within the States, replacing all voting machines 
within their jurisdiction shall ensure that the new voting 
system gives voters the opportunity to correct errors before 
the vote is cast.
    In the 2000 presidential election, nearly two million 
voters, 2% of those who went to the polls, either did not mark 
their ballot, or marked it in a way that no vote was counted in 
the presidential contest. Election experts call these votes in 
which no choice is counted ``residual votes.'' These millions 
of voters either spoiled their ballots by 
``overvoting''(appearing to vote for more than one candidate), or by 
``undervoting'' (they marked their choice in a manner that could not be 
counted, or they marked no choice at all). Of course, an undervoted 
ballot is not necessarily ``spoiled''. Millions of voters intentionally 
do not vote in certain contests for various reasons, complicated the 
task of determining voter rates.
    As the Committee learned in our June hearing, the consensus 
among engineers, computer scientists, and political scientists 
who study election systems is that the number of residual votes 
and the rate of voter error are greatly affected by the kind of 
equipment that is used. According to one expert who testified 
before the Committee on what is known as ``human usability 
studies,'' predictably high levels of user error are evidence 
of system failure, flawed instructions, or faulty system 
design.
    Whatever the specific causes for residual votes, the fact 
remains that some votes go uncounted because voters have no 
opportunity to detect and correct errors before they cast their 
ballots. Fortunately, there are voting systems available that 
permit voters to correct ballots in the precinct before they 
are cast.
    The bill will ensure that as jurisdictions scrap obsolete 
voting systems, they replace them with systems that have the 
capability to detect errors, for poll site voting (the 
provisions for second chance voting cannot currently be applied 
to absentee or mail balloting since the ballot and the voter 
are separated before counting). To be sure, this provision will 
not instantly mandate that all machines in all polling places 
by a date certain have a second-chance voting capability. The 
Committee seriously explored the proposal to require all 
200,000 jurisdictions nationwide to have second-chance voting 
by 2004 or, at the latest, 2006. Jurisdictions that failed to 
meet the deadline would be subject to suite in federal court. 
As the Committee learned more about the production capability 
of the voting machine industry, the timelines and procurement 
processes counties and states must go through to award 
contracts to voting-machine vendors, and the huge costs 
involved, the Committee decided that an aggressive deadline 
might cause more serious problems than it would solve. One 
disturbing possibility was that jurisdictions that could not 
meet the deadline, most likely poorer ones, might have their 
election systems shut down or seriously disrupted during an 
election while other jurisdictions in the state, most likely 
affluent ones, that met the deadline could proceed with their 
elections. The Committee was hard-pressed to imagine a more 
chilling 14th Amendment problem than this, where some eligible 
voters in a state could exercise the franchise while others 
could not.
    As to whether the term ``error'' means overvote, undervote, 
or something else, the Committee referred to the findings of 
the National Commission on Federal Election Reform, commonly 
known as the ``Ford-Carter Commission.'' The Commission's 
definition of ``error'' is set forth in the accompanying 
document.
    As already noted, many voters intentionally do not vote in 
every race. The purpose of second chance technology is to 
provide voters information about their ballot. Voter privacy is 
an important right that must be protected. While voters should 
have the opportunity to verify the accuracy of their ballot, 
they should not be forced to do so under the scrutiny of a poll 
worker. Once a voter is satisfied of the accuracy of their 
ballot, it is not the roll or responsibility of a poll worker 
to inquire as to the voters intent.
    Poll workers should, upon request, be available to provide 
assistance to voters, but voters should not be prompted by poll 
workers, or have to explain to poll workers why they have not 
voted in a certain race. The bill ensures voter privacy, by 
requiring that jurisdictions whose machines have second chance 
technology must ensure that voters are able to check for and 
correct errors on their ballots under conditions which assure 
privacy.

                      MILITARY AND OVERSEAS VOTERS

    Those who serve in our military, and citizens living 
abroad, face peculiar hardships when attempting to vote. 
Relatively simple things like applying for and transmitting 
ballots can become a very difficult and lengthy process for 
these voters. Steps must be taken to protect the rights of 
these citizens. Military voters risk their very lives in 
defense of this country. We must repay them by doing everything 
possible to see that they are able to vote and have their votes 
counted.
    A recent report by the General Accounting Office revealed 
that over 40% of the installations they visited had not 
assigned voting assistance officers. The Department of Defense 
must make certain that a sufficient number of voting assistance 
officers are assigned, and that those who are assigned are 
doing their duties. H.R. 3295 requires the Secretary of Defense 
to certify to Congress that, at a minimum, a voting assistance 
officer has been assigned to every installation and major 
command.
    The bill also makes voter registration forms available to 
service personnel at the time of enlistment, reenlistment or 
extension of enlistment, to make it easier for them to 
register. The Secretary of Defense must also ensure that all 
ballots are properly postmarked, or marked with some other 
official mark, so that state officials can determine when the 
ballot left the voter's hands.
    States are also required to designate a single point of 
contact for those in the service and living abroad, to make it 
easier for them to obtain needed information about elections, 
registration and voting.
    The bill contains a number of the key provisions of the 
Uniformed and Overseas Citizen Absentee Voting Reform Act of 
2001, H.R. 1997, which will help remove existing obstacles to 
absentee voting now confronting members of our armed services 
and overseas voters. Those obstacles contributed to the 
appallingly high level of rejected ballots in Florida and to 
the inability to vote of many others who wished to do so.
    Similarly, the provision requiring the collection and 
publication of statistics on overseas voting by the states will 
fill one of the most serious gaps in our ability to monitor the 
adequacy of the overseas absentee voting regime. For the first 
time, we will all have thesame information about voting access 
for overseas voters that we now have routinely for voters at home.

 accessibility standards and voting rights of persons with disabilities

Sections 102, 112, 221, 233 and 501 and Compliance with the Americans 
        with Disabilities Act and the Voting Accessibility for the 
        Elderly and Handicapped Act

    In this bill, the Committee reaffirms that public entities, 
such as States and localities and their responsible officials, 
must comply to the extent required by law with the Americans 
with Disabilities Act (ADA) and the Voting Accessibility for 
the Elderly and Handicapped Act (VAEHA).
    The committee bill will enhance compliance with the ADA and 
VAEHA by enlisting a range of officials in the process of 
regulating accessibility problems and solutions. For example, 
the bill requires that the chief election official of each 
State certify the State's compliance with the applicable 
provisions of the ADA and the VAEHA, and requires that 
recipients of election funds provide assurance of compliance 
with such laws as a condition of their acceptance of federal 
money.

Section 903 and preservation of existing law

    Section 903 expressly provides that noting in the bill will 
supersede, restrict, or limit the application of the VAEHA, the 
ADA, the Voting Rights Act or the National Voting Registration 
Act, nor will it authorize or require any conduct prohibited 
under any of these laws. Thus, the bill continues unchanged--
the role of the Department of Justice (DOJ) as the agency 
responsible for authoritatively construing the ADA and 
promulgating regulations.

Voluntary accessibility standards in sections 221 and 222

    The Committee bill creates mechanisms for providing States 
and localities with technical guidance about improving 
accessibility through the adoption of voluntary standards by 
the Election Assistance Commission. The Committee expects that 
the voluntary standards will offer examples of achievable 
methods for ensuring accessibility. One example might include 
the moving of a polling place from an inaccessible historic 
library building to an accessible city hall building nearby.
    These voluntary standards to be issued by the Commission 
would not, however, replace accessibility regulations and 
technical assistance provided by the DOJ for individuals with 
disabilities. Rather, these standards must be consistent with 
DOJ's regulations, and not serve as authorization for a level 
of accessibility lower than required by the regulations. In 
fact, this need for harmonious standards is the reason the bill 
directs the Commission to consult with the Architecture and 
Transportation Barrier Compliance Board in developing its 
voluntary standards.
    If a state accepts election fund payments, the bill 
requires the state to certify its compliance with the voluntary 
standards for voting systems. This means that a state which 
accepts funds will be bound by at least two independent sources 
of law: the state's contractual duty to comply with the 
Commission's standards for voting systems, and the state's 
statutory duty to comply with the ADA. While the Committee 
anticipates that the Commission will take great care to create 
voluntary standards in a manner that conforms to existing law, 
compliance with the Commission's standards cannot provide any 
``safe harbor'' against liability under the ADA or other 
applicable laws.

Eligibility for election assistance funding under section 233

    One of the eligibility requirements for election assistance 
funding is that there must be at least one voting system 
available in each precinct or polling place that is fully 
accessible to individuals with disabilities. This means that if 
a State accepts any election assistance funding, the State is 
required to purchase a fully accessible voting system for each 
precinct or polling place that does not already have such a 
Summary

                  TITLE I--PUNCH CARD VOTING MACHINES

                  Subtitle A--Replacement of Machines

Sec. 101. Establishment of program

    Provides for a one-time payment, through the General 
Services Administration, to State or local government to 
replace punch card voting systems with other kinds. Requires 
recipients to obligate funds by the November 2002 Federal 
election and complete replacement by the 2004 election, but 
deadlines may be extended two years if approved by the Election 
Assistance Commission established in Sec. 201.

Sec. 102. Eligibility

    Requires that State applications include assurances that 
the State will use the payment to replace punch card systems 
used in the 2000 election, continue to comply with the Voting 
Accessibility for the Elderly and Handicapped Act and Americans 
With Disabilities Act,and provide for alternative language 
accessibility as required by the Voting Rights Act and other laws.
    Permits a local government to apply if the State does not, 
is ineligible, or will not use the payment to replace punch 
card systems. Requires that the application include similar 
assurances as those required of States.

Sec. 103. Amount of payment

    Sets payment at 90% of replacement cost, or 95% for 
precincts where per capita income is within the lowest quartile 
for the United States, with a maximum of $6,000 times the 
number of precincts using punch card systems in the 
jurisdiction during the 2000 election.

Sec. 104. Audit and repayment of funds

    Makes payments subject to audit. Requires recipients that 
fail to meet deadlines to return the funds unless granted a 
waiver.

Sec. 105. Punch card voting system defined

    Defines punch card voting systems to include C.E.S., 
Datavote, PBC Counter, Pollstar, Punch Card, Vote Recorder, and 
Votomatic.

         Subtitle A--Enhancing Performance of Existing Systems

Sec. 111. Establishment of program

    Provides for a one-time payment, through the General 
Services Administration, to State or local governments to 
enhance performance of punch card voting systems, with 
deadlines as in Sec. 101.

Sec. 112. Eligibility

    Similiar to Sec. 102, except funds used for enhancement 
rather than replacement of systems; also, jurisdictions may not 
participate in both programs.

Sec. 113. Amount of payment

    Similar to Sec. 103 except maximum is $2,000 times the 
number of covered precincts.

Sec. 113. Audit and repayment of funds

    Makes payments subject to audit. Requires recipients that 
fail to meet deadlines to return the funds.

                     Subtitle C--General Provisions

Sec. 121. Authorization of appropriations

    Authorizes appropriations of $400 million, to remain 
available until expended. Repaid or unobligated funds will be 
transferred to the Election Assistance Commission.

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 Part I--Election Assistance Commission

Sec. 201. Establishment

    Creates an independent executive branch agency called the 
Election Assistance Commission.

Sec. 202. Duties

    Stipulates that the Commission will serve as a national 
clearinghouse and resource on the administration of Federal 
elections as described in this title and title III.

Sec. 203. Membership and appointment

    Requires that the four Commission members have election-
related experience or expertise and that they be appointed by 
the President with the consent of the Senate, with one member 
each chosen from nominees submitted by the President Pro 
Tempore of the Senate, the Senate minority leader, the Speaker 
of the House of Representatives, and the House minority leader.
    Establishes staggered four-year terms for members, 
renewable once, and prohibits members from being officers or 
employees of the Federal government while serving. Requires 
members to select a chair and vice chair from different 
political parties.
    Sets a commissioner's salary at $30,000, plus travel 
expenses, and permits outside employment.

Sec. 204. Staff

    Creates position of Executive Director to be appointed by 
the Commission for a four-year renewable term and permits that 
person to appoint additional staff and use outside experts. 
Requires staff to consult with the two boards established in 
this title.

Sec. 205. Powers

    Empowers the Commission to hold hearings, take testimony, 
receive evidence, let contracts, obtain information from 
Federal agencies and support from the General Services 
Administration, and to use the mails as do other Federal 
agencies.

Sec. 206. Limitation on rulemaking authority

    Prohibits the Commission from imposing requirements on 
State or local governments except as permitted under the 
National Voter Registration Act.

Sec. 207. Authorization of appropriations

    Authorizes a maximum appropriation of $10 million per year 
through FY2004.

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

Sec. 211. Establishment

    Creates a Standards Board and a Board of Advisors under the 
Election Assistance Commission.

Sec. 212. Duties

    Requires that the two boards review the standards described 
in this title.

Sec. 213. Membership of Standards Board

    Sets membership at 110, to include, from each State, the 
chief election official and a local election official chosen by 
peers in the State, with no two members from a State to be from 
the same political party.
    Requires board to select a nine-member Executive Board, 
with no more than five to be chief election officials, local 
election officials, or from the same party. Sets two-year 
staggered terms with a maximum of two consecutive renewals.

Sec. 214. Membership of Board of Advisors

    Sets membership at 25, two each appointed by the U.S. 
Commission on Civil Rights; the Architectural and 
Transportation Barrier Compliance Board; the National Governors 
Association; the National Conference of State Legislatures; the 
National Association of Secretaries of State; the National 
Association of State Election Directors; the National 
Association of Counties; the National Association of County 
Recorders, Election Administrators, and Clerks; the U.S. 
Conference of Mayors; the Election Center; and the 
International Association of County Recorders, Election 
Officials, and Treasurers; with the Speaker of the House and 
the Senate majority leader each appointing one professional in 
science and technology; and with the chief of the Office of 
Public Integrity of the Department of Justice or designee also 
a member. Requires bipartisan, geographically diverse appoints.
    Sets two-year, renewable terms. Requires election of a 
chair from among the members.

Sec. 215. Powers of boards; no compensation for service

    Empowers each board to hold hearings, take testimony, and 
receive evidence, obtain information from Federal agencies and 
support from the General Services Administration, and to use 
the mails as do other Federal agencies. Prohibits issuance of 
subpoenas. Requires each board to meet at least yearly to vote 
on standards, and the Standards Board to meet at least every 
two years to select the Executive Board. Prohibits compensation 
of board members, but permits payment of travel expenses.

Sec. 216. Status of boards and members for purposes of claims against 
        board

    Applies provisions of 28 U.S.C., Chapters 161 and 171, with 
respect to liability of boards and members, with an exception 
for criminal acts and other willful misconduct.

                Subtitle B--Voluntary Election Standards

Sec. 221. Development of voluntary election standards

    Requires the Commission, in consultation with the two 
boards, to develop and adopt voluntary voting system standards, 
accessibility standards, and election management standards, and 
update them at least every four years.
    Requires that the voting system standards include security, 
certification and decertification procedures, usability 
assessment, and operational guidelines; provide for error 
correction by voters; include for each certified system what is 
proposed to constitute a vote; and provide that certified new 
systems permit voters with disabilities to cast a secret 
ballot.
    Requires the Commission to serve as a clearinghouse of 
information on experiences of State and local governments in 
implementing the standards and in operating voting systems; and 
to make available to the public studies on certain specified 
issues in election administration, information on the Federal 
election system, election results, and information concerning 
issues relating to Federal, State, and local elections.
    Requires consultation with the Compliance Board and other 
experts with respect to accessibility standards, and that the 
election management standards address the treatment of 
uniformed and overseas voters, in consultation with the 
Secretary of Defense.
    Requires the Commission to provide for voluntary testing, 
certification, decertification, and recertification of voting 
systems; to advise State and local governments on complying 
with Federal laws regarding accessibility of registration and 
polling places; to carry out the provisions of the National 
Voter Registration Act regarding voter registration by mail; 
and to assist State officials in review of Federal election 
procedures.

Sec. 222. Technical Standards Development Committee

    Establishes a 15-member Technical Standards Development 
committee, to recommend voting system standards and 
modifications, to be chaired by the Director of the National 
Institute of Standards and Technology (NIST), and with members 
appointed jointly by the Director and the Commission and drawn 
from the Standards Board, the Board of Advisors, the Compliance 
Board, the American National Standards Institute, and other 
persons with relevant scientific and technical expertise. 
Requires NIST to provide technical support.
    Prohibits compensation of members, but permits payment of 
travel expenses.
    Requires, when the Commission adopts any standard, 
publication of corresponding recommendations of the Development 
Committee in the Federal Register.

Sec. 223. Process for adoption of voluntary standards

    Requires the Executive Director of the Commission to take 
recommendations of the Development Committee into account in 
developing standards, and for the two boards to review the 
proposed standards, with majority vote of the Commission 
required for adoption.

Sec. 224. Certification and testing of voting systems

    Requires that testing and certification of voting systems 
be performed by nonfederal laboratories accredited by the 
Commission, from a list of candidates submitted by the Director 
of NIST, who will also monitor and review laboratory 
performance and, when appropriate, make recommendations to the 
Commission regarding continuing accreditation.

Sec. 225. Dissemination of information

    Requires the Commission to disseminate to the public--via 
the Internet, published reports, and other means--information 
on the standards and guidelines for applying them, the list of 
accredited laboratories, a list of certified voting system 
hardware and software, and other activities carried out under 
this subtitle.

                    Subtitle C--Election Assistance

Part 1--Election Fund Payments to States for Voting System Improvements

Sec. 231. Election fund payments to States for voting system 
        improvements

    Requires the Commission to make payments to qualifying 
States to improve the administration of elections.

Sec. 232. Allocation of funds

    Sets the size of payment to a State at the greater of 
either a percentage of the total amount appropriated for that 
year, based on the size of the voting age population in that 
State as compared to the total for all States; or 0.5 percent 
of the total appropriated, except 0.1 percent for Puerto Rico, 
Guam, American Samoa, or the U.S. Virgin Islands.

Sec. 233. Conditions for receipt of funds

    Requires a State, to be eligible, to certify that it has 
established an Election Fund, provided a 25 percent match, and 
set benchmarks for voting system performance; complies with the 
voluntary voting system standards and certification processes 
described in subtitle B or has established statutory standards 
that provide for error correction by voters and for auditing of 
ballots; provides one or more fully accessible voting systems 
in each precinct; complies with Federal voting rights law; and 
provides for voter education and training of poll workers and 
personnel involved in voter registration. Also requires the 
State to certify that the Federal share will not supplant 
existing State funds. Gives States discretion to choose the 
method of compliance

Sec. 234. Authorization of appropriations

    Authorizes appropriations totaling $2.25 billion through 
FY2004.

     Part 2--Grants for Research on Voting Technology Improvements

Sec. 241. Grants for research on voting technology improvements

    Establishes a grant program to be administered by the 
Commission for research and development to improve election 
systems and technology. Requires applicants to assure that 
funded activities will take accessibility needs into account. 
Applies 18 U.S.C. 35 with respect to patent rights.

Sec. 242. Report

    Requires submission of a report describing activities under 
the grant.

Sec. 243. Authorization of appropriations

    Authorizes appropriations of $20 million for FY 2002.

     Part 3--Pilot Program for Testing of Equipment and Technology

Sec. 251. Pilot program

    Establishes a grant program to be administered by the 
Commission to implement new voting technologies on a trial 
basis. Requires applicants to assure that the funded activities 
will take accessibility needs into account.

Sec. 252. Report

    Requires submission of a report describing activities under 
the grant.

Sec. 253. Authorization of appropriations

    Authorizes appropriations of $10 million for FY2002.

                         Part 4--Miscellaneous

Sec. 261. Role of National Institute of Standards and Technology

    Requires the Director of NIST to submit annually to the 
Commission a list of suggestions for issues to be addressed by 
the grant programs, review grant applications, monitor grant 
activities and recommend modifications as necessary, and 
evaluate completed grants. Also requires the Director to 
establish an intramural research and development program within 
NIST to support the development of voluntary technical 
standards.

Sec. 262. Reports

    Requires submission of an annual report to Congress by the 
Commission and a report on the application of human factors 
research to voting systems.

Sec. 263. Audit

    Provides for the Commission to audit recipients of funds 
and requires that each program established under the subtitle 
be audited at least once during its lifetime.

              TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM

Sec. 301. Establishment of program

    Requires the Commission to establish the ``Help America 
Vote Program,'' with the purpose of encouraging students at 
colleges, universities, and community colleges to serve as 
nonpartisan poll workers or assistants and to encourage State 
and local governments to use students in that capacity.

Sec. 302. Activities under program

    Requires the Commission, in consultation with chief State 
election officials, to develop materials, sponsor seminars and 
workshops, advertise the program to students, make grants, 
assist any institution that wishes to participate, and take 
other appropriate actions. Limits grants to nonpartisan 
undertakings that do not promote a point of view or an issue.

Sec. 303. Authorization of appropriations

    Authorizes appropriations of $5 million for FY2002 and sums 
necessary thereafter.

                 TITLE IV--HELP AMERICA VOTE FOUNDATION

Sec. 401. Help America Vote Foundation

    Amends Part B of subtitle II of 36 U.S.C. to establish the 
federally chartered Help America Vote Foundation to mobilize 
secondary school students to participate as nonpartisan poll 
workers and assistants, and to establish cooperative efforts 
with election officials, local educational agencies, public and 
private school officials, and other appropriate nonprofit 
organizations.
    Requires the foundation to act without partisan bias or 
promotion of any particular point of view and to consult with 
the chief State election officials.
    Establishes a 12-member board of directors with four 
appointed by the President (not more than two from the same 
political party), two by the Speaker of the House of 
Representatives, two by the House minority leader, two by the 
Senate majority leader, and two by the Senate minority leader, 
and with the chairs and ranking Members of the House 
Administration Committee and the Senate Rules and 
Administration Committee as ex officio, nonvoting members.
    Sets the term of office at four years and stipulates that 
members are not employees of the Federal government. Prohibits 
compensation of board members, but permits payment of travel 
expenses. Restricts personal liability of members to gross 
negligence.
    Requires the board to meet at least yearly and to select a 
member as chair, who shall not hold or have held any partisan 
elected office or national political-party committee office.
    Permits the board to appoint and remove officers and 
employees of the foundation and stipulates that they are not 
employees of the Federal government except as otherwise 
provided in this chapter.
    Grants the foundation such powers as necessary to carry out 
this chapter and also the usual powers of a corporation acting 
as a trustee in the District of Columbia, where the foundation 
will be located. Permits it to conduct business throughout the 
United States. Requires the foundation to have a designated 
agent to receive service of process for it.
    Permits the foundation to accept gifts, devises, and 
bequests for its benefit and to let contracts. Also permits it 
to sponsor an annual conference to honor persons who have 
served as poll workers or participated in foundation programs 
and activities.
    Requires an annual audit by an independent auditor.
    Permits the Attorney General to bring a civil action for 
relief for behavior by the foundation that is inconsistent with 
the purposes designated in this title.
    Excludes the U.S. government from any liability or 
obligation incurred by the foundation.
    Authorizes $5 million for FY 2002 and such sums as 
necessary thereafter.

         TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS

Sec. 501. Minimum standards for State election systems

    Requires each State to certify to the Commission that it is 
in compliance with the Voting Rights Act of 1965, the National 
Voter Registration Act of 1993, the Uniformed and Overseas 
Citizens Absentee Voting Act, the Voting Accessibility for the 
Elderly and Handicapped Act, and the Americans With 
Disabilities Act of 1990; and that it has, by statute, 
established standards for its election systems as described in 
this title. Gives States discretion to choose the method of 
implementation.

Sec. 502. Standards described

    Sets minimum standards, to include a statewide, networked 
voter registration system in States requiring registration; 
provisions to ensure accurate, updated registration records; 
in-precinct provisional voting; uniform standards for what 
constitutes a vote for each certified voting system; safeguards 
for voting by uniformed and overseas voters; requirements that 
new voting systems provide for voters with physical 
disabilities to cast a secret ballot; and requirements that new 
voting systems give voters the opportunity to correct errors 
under conditions which assure privacy.

Sec. 503. Enforcement

    Requires the Commission to notify the Attorney General if a 
State fails to comply, and authorizes the Attorney General, if 
so notified, to bring a civil action to remedy the violation.

Sec. 504. Effective date

    Sets effective date for the provisional voting standard at 
the November 2002 Federal election and for other provisions in 
the title at two years from enactment, but permits an extension 
to the November 2004 Federal election.

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

Sec. 601. Voting assistance programs

    Amends 10 U.S.C. Chapter 80 to require the Secretary of 
Defense to ensure compliance by the military services with the 
Federal Voting Assistance Program and any similar programs.
    Requires the Inspector General of each service to conduct 
an annual review of the effectiveness of and compliance with 
the programs and to submit the review to the Inspector General 
for the Department of Defense (DOD), who will prepare an annual 
report to Congress. Requires the DOD Inspector General to 
conduct, at 10 or more installations each year, periodic, 
unannounced assessments of compliance with requirements of law 
regarding voting by members of the armed forces.
    Requires the secretary of each military department to 
assess compliance as part of installation review or inspection, 
and to certify to Congress that, for each installation and 
major command, a voting assistance officer, has been appointed 
and given the time and resources to perform voting assistance 
duties. Also requires the secretaries to specify the number of 
voting action officers appointed and the ratio of voting action 
officers to active duty members, to assess compliance of those 
numbers with requirements, and to describe the training that 
voting action officers receive.
    Requires the secretaries to ensure that members of the 
military and their dependents have access to information on 
voter registration and absentee ballot requirements and 
deadlines. Requires that each person who enlists, reenlists, or 
completes a permanent change of station receive the national 
voter registration form.
    Requires the secretaries, through voting assistance 
officers, to provide notice to members of the armed forces of 
the last date before a general election for which ballots 
mailed at the facility can be expected to be delivered in a 
timely fashion to State and local election officials.
    Requires the Secretary of Defense to ensure that voting 
materials are transmitted expeditiously, to conduct periodic 
surveys of mail shipments at all overseas locations and vessels 
at sea during the four months preceding an election, and to 
implement measures to ensure that a postmark or other proof of 
mailing date is provided on each absentee ballot.

Sec. 602. Designation of single State office to provide information on 
        registration and absentee ballots for all voters in State

    Amends the Uniformed and Overseas Citizens Absentee Voting 
Act (UOCAVA) to require each State to designate a single office 
to provide information to members of the armed services 
concerning absentee registration and voting in the State. 
Recommends that the office be responsible for carrying out 
duties under this Act.

Sec. 603. Report on absentee ballots transmitted and received after 
        general elections

    Requires that after a Federal election, States submit a 
public report to the Commission on the number of absentee 
ballots transmitted to absent uniformed services and overseas 
voters and the number returned and cast in the election. 
Requires the Commission to develop a standardized format for 
such reports.

Sec. 604. Simplification of voter registration and absentee ballot 
        application procedures for absent uniformed services and 
        overseas voters

    Amends UOCAVA to require States to accept the post card 
form as a simultaneous voter registration and absentee ballot 
application, and to require that an absentee ballot application 
pertain to all elections for Federal office held in the State 
during that year, if the applicant so requests. Requires the 
Presidential designee for UOCAVA to revise the official post 
card form to enable a voter to request an absentee ballot 
either for each Federal election held in a State during a year 
or for only the next schedules Federal election.

Sec. 605. Additional duties of presidential designee under Uniformed 
        and Overseas Citizens Absentee Voting Act

    Amends UOCAVA to require the Presidential designee to 
ensure that State officials are aware of the requirements of 
that Act, and to prescribe a standard oath regarding perjury in 
completion of a document required under the title. Requires 
States to use the standard oath if the State requires an oath 
or affirmation for any voting document.
    Amends UOCAVA to require separate statistical analysis for 
overseas voters and absent uniformed services voters.

Sec. 606. Use of Buildings on Military Installations and Reserve 
        Component Facilities as Polling Places

    Amends 10 U.S.C. 2670 and 18235; 18 U.S.C. 592 and 593; and 
42 U.S.C. 2003 to permit the secretary of a military department 
to make a building located on a military installation available 
for use as a polling place, in any Federal, State, or local 
election, for eligible voters who reside on that military 
installation. Requires that such a polling place continue to be 
available for subsequent elections unless the secretary 
provides appropriate advance notice to State and local 
officials of the reasons why it will not.

      TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL

Sec. 701. Reduced postage rates for official election mail

    Amends 39 U.S.C. 3629 to establish a postage rate of 50% of 
the regular first-class rate for any State and local official 
election mail.

                   TITLE VIII--TRANSITION PROVISIONS

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

Sec. 801. Federal Election Campaign Act of 1971

    Amends section 311 (a) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 438 (a)) Transfers to the Commission, upon 
appointment of all members, all functions of the Office of 
Election Administration of the Federal Election Commission.

Sec. 802 National Voter Registration Act of 1993

    Amends section 9(a) of the National Voter Registration Act 
of 1993 (42 U.S.C. 1973gg-7(a)). Transfers to the Commission 
all functions that the Federal Election Commission exercises 
under the National Voter Registration Act.

Sec. 803. Transfer of property, records, and personnel

    Transfers to the Commission all personnel, contracts, 
liabilities, records, property, and other assets or interests 
of the offices and functions of the Federal Election Commission 
that are transferred by this subtitle.

Sec. 804. Effective date; transition

    Requires that this title take effect upon the appointment 
of all members of the Commission, which is authorized to 
utilize services from the entities from which functions will be 
transferred as needed for an orderly transfer.

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

Sec. 811. Treatment of commission personnel under certain civil service 
        laws

    Amends 5 U.S.C. 7323(b)(2)(B)(i)(I) and 3132(a)(1)(C) to 
specify that Commission personnel are covered by the Hatch Act 
and that the Commission is excluded from the Senior Executive 
Service.

Sec. 812. Coverage under Inspector General Act of 1978

    Amends section 8G(a)(2) of the Inspector General Act of 
1978 (5 U.S.C. App.) to provide for coverage under that Act.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. State defined

    Defines State to include the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, and the 
United States Virgin Islands.

Sec. 902. Miscellaneous provisions to protect integrity of election 
        process

    Amends the National Voter Registration Act of 1993 to 
clarify the ability of election officials to remove from the 
voter registration list the name of an individual who has not 
voted in two or more consecutive general elections for Federal 
office and who has not notified the registrar of an intent to 
remain registered in the registrar's jurisdiction or who has 
not responded to a notice from the registrar of voters. Amends 
18 U.S.C. 594 to prohibit poll workers from intimidating, 
harassing, or coercing voters to cast votes for every office on 
the ballot, but not from providing information to a voter who 
requests assistance.

Sec. 903. No effect on other laws

    Stipulates that nothing in the Act authorizes or requires 
conduct prohibited by the Voting Rights Act of 1965, the 
National Voter Registration Act of 1993, or the Americans With 
Disabilities Act of 1990; or may be construed to supersede, 
restrict, or limit those Acts or the Voting Accessibility for 
the Elderly and Handicapped Act.

               Committee Consideration of the Legislation

                       introduction and referral

    On November 14, 2001, Mr. Ney, Mr. Hoyer, Mr. Blunt and Mr. 
Fattah introduced H.R. 3295, which was referred to the 
Committee on House Administration, the Committee on the 
Judiciary, the Committee on Armed Services, the Committee on 
Government Reform and the Committee on Science

                                hearings

    The Committee on House Administration held four hearings on 
election reform in the first session of the 107th Congress.
    On April 25, 2001, the Committee held the first hearing on 
Election Reform.
    Members present: Mr. Ney, Mr. Ehlers, Mr. Mica, Mr. Linder, 
Mr. Reynolds, Mr. Hoyer, Mr. Fattah, Mr. Davis.
    Witnesses: J. Kenneth Blackwell, Secretary of State, Ohio; 
Sharon Priest, Secretary of State, Arkansas; Katherine Harris, 
Secretary of State, Florida; Rebecca Vigil-Giron, Secretary of 
State, New Mexico; Ron Thornburgh, Secretary of State, Kansas; 
Martin Stephens, Speaker of the Utah House of Representatives; 
John Adams Hurson, Majority Leader, Maryland House of 
Delegates; Kenneth Mayfield, Commissioner, Dallas County, 
Texas; Deborah Phillips, President--The Voting Integrity 
Project; Kristen Cox, National Federation of the Blind; Hilary 
Shelton, Director NAACP Washington Bureau; Dennis Duggan, 
American Legion.
    On May 10, 2001, the Committee held its second hearing on 
Election Reform.
    Members present: Mr. Ney, Mr. Ehlers, Mr. Mica, Mr. 
Reynolds, Mr. Hoyer, Mr. Davis.
    Witnesses: Doug Lewis, Director--The Election Center; Conny 
McCormack, Los Angeles County Registrar-Recorder/County Clerk; 
Connie Schmidt, Election Commissioner, Johnson County, Kansas; 
Carolyn Jackson, Administrator of Elections, Hamilton County, 
Tennessee; Pam Iorio, Supervisor of Elections, Hillsborough 
County, Florida; Linda Lamone, Administrator, Maryland State 
Administrative Board of Election Laws.
    On May 17, 2001, the Committee held its third hearing on 
Election Reform.
    Members present: Mr. Ney, Mr. Ehlers, Mr. Linder, Mr. 
Hoyer, Mr. Fattah, Mr. Davis.
    Witnesses: Tom Davis, Managing Member, iPaper/Diversified 
Dynamics; William F. Welsh III, Chairman, Election Systems and 
Software; Brian O'Conner, Executive Vice President, Global 
Election Systems, Inc.; David E. Hart, Chairman, Hart 
InterCivic, Inc.; Richard Caruso, Chairman, Shoup Voting 
Solutions; Marlene Duffy Young, Regional Marketing 
Representative, Unilect; James Minadeo, Product Manager, 
Avante; Scott Faibaron, Regional Sales Manager, Envox (US) 
Ltd.; Mark Strama, Vice President, Public Elections, 
election.com; David Chaum, Founder, SureVote; Ralph Munro, 
Board of Directors, VoteHere; Dennis Vadura, CEO, Web Tools 
International.
    On May 24, 2001, the Committee held its fourth hearing on 
Election Reform.
    Members present: Mr. Ney, Mr. Ehlers, Mr. Doolittle, Mr. 
Hoyer, and Mr. Fattah.
    Witnesses: Christopher Baum, Vice President, Gartner Group; 
Thomas R. Palfrey, Professor, California Institute of 
Technology; David Woods, Professor, Ohio State University; 
Ronald Rivest, Professor, Massachusetts Institute of 
Technology.

                                 markup

    On Thursday November 15, 2001, the Committee met to mark up 
H.R. 3295. The Committee favorably reported H.R. 3295, as 
amended, by a recorded vote (8-0), a quorum being present.

             Matters Required Under the Rules of the House

                         committee record votes

    Clause 3(b) of House rule XIII requires the results of each 
record vote on an amendment or motion to report, together with 
the names of those voting for and against, to be printed in the 
committee report.

Amendment No. 1

    Offered by Mr. Reynolds. The first vote during the markup 
came on the amendment offered by Mr. Reynolds.
    The amendment would allow, but not require, military base 
commanders to locate polling places on their installations.
    The amendment was approved by a voice vote a quorum being 
present.

Amendment No. 2

    Offered by Mr. Hoyer. The second vote during the markup 
came on the amendment offered by Mr. Hoyer. This amendment 
would add additional voting system accessibility requirements 
for the disabled and those with limited proficiency in English.
    The vote on the amendment was 3-4 and the amendment was not 
agreed to.

------------------------------------------------------------------------
             Member                   Yes           No         Present
------------------------------------------------------------------------
Mr. Ney........................  ............            X   ...........
Mr. Linder.....................  ............            X   ...........
Mr. Doolittle..................  ............            X   ...........
Mr. Reynolds...................  ............            X   ...........
Mr. Hoyer......................            X   ............  ...........
Mr. Fattah.....................            X   ............  ...........
Mr. Davis......................            X   ............  ...........
                                ----------------------------------------
      Total....................            3             4   ...........
------------------------------------------------------------------------

    The Committee then voted on H.R. 3295, as amended. The bill 
as amended was agreed to by a recorded vote (8-0).

------------------------------------------------------------------------
             Member                   Yes           No         Present
------------------------------------------------------------------------
Mr. Ney........................            X   ............  ...........
Mr. Ehlers.....................            X   ............  ...........
Mr. Linder.....................            X   ............  ...........
Mr. Doolittle..................            X   ............  ...........
Mr. Reynolds...................            X   ............  ...........
Mr. Hoyer......................            X   ............  ...........
Mr. Fattah.....................            X   ............  ...........
Mr. Davis......................            X   ............  ...........
                                ----------------------------------------
      Total....................            8             0   ...........
------------------------------------------------------------------------

    The Committee then voted to report H.R. 3295 favorably, as 
amended. The vote to report favorably was approved by recorded 
vote (8-0).

------------------------------------------------------------------------
             Member                   Yes           No         Present
------------------------------------------------------------------------
Mr. Ney........................            X   ............  ...........
Mr. Ehlers.....................            X   ............  ...........
Mr. Linder.....................            X   ............  ...........
Mr. Doolittle..................            X   ............  ...........
Mr. Reynolds...................            X   ............  ...........
Mr. Hoyer......................            X   ............  ...........
Mr. Fattah.....................            X   ............  ...........
Mr. Davis......................            X   ............  ...........
                                ----------------------------------------
      Total....................            8             0   ...........
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) rule XIII of the Rules of 
the House of Representatives, the Committee states that the 
findings and recommendations of the Convention Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                General Performance Goals and Objectives

    The Committee states, with respect to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, that 
the goal and objective of H.R. 3295 is to improve the election 
infrastructure in the United States.

                        Constitutional Authority

    In compliance with clause 3(d)(1) of rule XIII, the 
Committee states that Article 1, Section 4 of the U.S. 
Constitution grants Congress the authority to make laws 
governing the time, place and manner of holding Federal 
elections.

                            Federal Mandates

    The Committee states, with respect to section 423 of the 
Congressional Budget Act of 1974, that the bill does not 
include any significant Federal mandate.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any committee on a bill or joint 
resolution to include a committee statement on the extent to 
which the bill or joint resolution is intended to preempt state 
or local law. The Committee states that H.R. 3295 is not 
intended to preempt any state or local law.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, the following estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 30, 2001.
Hon. Robert W. Ney,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3295, the Help 
America Vote Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz and Matthew Pickford (for federal costs); Susan Sieg 
Tompkins (for the impact on state, local, and tribal 
governments): and Paige Piper/Bach (for the impact on the 
private sector).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3295, Help America Vote Act of 2001

    Summary: H.R. 3295 would authorize the appropriation of 
about $2.8 billion over fiscal year 2002 through 2006, mostly 
for grants to states and localities to improve voting 
technology and election administration. The bill would 
establish the Election Assistance Commission to undertake 
activities to improve the administration of elections and would 
set minimum standards for national elections. H.R. 3295 also 
would require the Department of Defense to implement a voting 
assistance program for military personnel and other overseas 
U.S. citizens. Finally, the bill would provide reduced postage 
rates for official election mailings.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 3295 would cost about $2.8 
billion over the 2002-2006 period. In addition, we estimate 
that enacting the bill would increase costs to the U.S. Postal 
Service by about $100 million over the 2002-2003 period. 
(Postal Service spending is classified as off-budget and is not 
subject to pay-as-you-go procedures.) The bill would not 
otherwise affect direct spending or receipts so pay-as-you-go 
procedures would not apply.
    Section 4 of the Unfunded Mandates Reform Act (UMRA) 
excludes from the application of that act any legislative 
provisions that enforce the constitutional rights of 
individuals. CBO has determined that title V and certain 
sections of title VI would fall within that exclusion. Other 
provisions of the bill would provide grants to states to 
improve voting procedures and technology. Any costs to state, 
local, or tribal governments as a result of participating in 
those programs would be incurred voluntarily. The remaining 
provisions of the bill contain no intergovernmental or private-
sector mandates and would impose no costs on state, local, or 
tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3295 is shown in the following table. 
The costs of this legislation fall within budget functions 050 
(national defense), 370 (commerce and housing credit), and 800 
(general government).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2002    2003    2004    2005    2006
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Grants to replace punch card
 voting machines:
    Authorization Level.........     400       0       0       0       0
    Estimated Outlays...........     200     200       0       0       0
Voting system improvements:
    Authorization Level.........     750     750     750       0       0
    Estimated Outlays...........      75     600     750     675     150
Election Assistance Commission:
    Estimated Authorization            3       4       4       4       4
     Level......................
    Estimated Outlays...........       1       2       3       3       3
Other provisions:
    Estimated Authorization           37      14      12      12      14
     Level......................
    Estimated Outlays...........      20      26      12      12      14
Total:
    Estimated Authorization        1,190     768     766      16      18
     Level......................
    Estimated Outlays...........     296     828     765     690     167

                  CHANGES IN OFF-BUDGET DIRECT SPENDING

U.S. Postal Service\1\
    Estimated Budget Authority..      50      55       0       0       0
    Estimated Outlays...........      50      55       0       0       0
------------------------------------------------------------------------
\1\ These estimated costs would be offset, overtime, by postal rate
  increases.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted by the end of calendar year 2001 and that 
the necessary amounts will be appropriated each year. CBO 
estimates that implementing H.R. 3295 would cost $2.8 billion 
over the 2002-2006 period, mostly for voting system 
improvements. The bill would also increase spending of the 
Postal Service, which is classified as off-budget.

Spending subject to appropriation

    Grants to Replace Punch-Card Voting Machines. H.R. 3295 
would authorize the appropriation of $400 million for fiscal 
year 2002 for payments for state and local governments to 
replace punch card voting systems. State and local governments 
that apply for these funds would be able to receive a maximum 
of $6,000 per precinct.
    Voting System Improvements. The bill would authorize the 
appropriation of $2.25 billion over the 2002-2004 period to pay 
for grants to states and localities for improving voting 
technology and upgrading equipment, improving voter 
registration systems, increasing access for voters with 
disabilities, and enhancing training for poll workers. CBO 
expects that most of the funds to replace machines and so 
implement improvements would be spent in fiscal years 2003 
through 2005.
    Election Assistance Commission. Title II would authorize 
the appropriation of up to $10 million annually to establish 
the Election Assistance Commission. The four-member, bipartisan 
commission would advise state and local governments on election 
administration. This work would include developing voluntary 
election management standards, serving as a clearinghouse for 
information, and reviewing procedures affecting the 
administration of federal elections. The bill also would 
transfer all the functions of the Office of Election 
Administration of the Federal Election Commission to the new 
commission. CBO estimates that the commission would require 
funding of $3 million to $4 million annually with estimated 
outlays of about $12 million over the 2002-2006 period.
    Other Provisions. H.R. 3295 also would authorize 
appropriations for several other programs aimed at improving 
the election process, including grants to study and improve 
voting technology, pilot programs to test new technologies, and 
programs to encourage citizens to get involved in the election 
process. CBO estimates that, in total, implementing these 
programs would cost $84 million over the 2002-2006 period.
    H.R. 3295 would direct the Secretary of Defense to 
coordinate all voting activities for members of the military 
and other overseas U.S. citizens, includes training voting 
assistance officers, conducting mail delivery surveys, and 
providing information on voter registration requirements and 
deadlines of the various states. Based on information from the 
Department of Defense, CBO estimates that implementing this 
section of the bill would result in no significant costs.

Off-budget costs (direct spending)

    For official mailings sent to voters by local election 
officials via first-class mail, H.R. 3295 would reduce the 
postage rate by 50 percent. CBO expects that the reduced 
postage rate would apply to two mailings every year to each of 
the 150 million registered voters in the United States. The 
current first-class rate is 34 cents and is expected to rise to 
37 cents by fiscal year 2003, so CBO estimates this provision 
would cost the Postal Service about $50 million in 2002 and 
about $55 million in 2003. Over time, there would be no net 
effect from this provision because the Postal Service is 
required to set rates so that it covers all costs. Postal 
Service spending and collections are classified as off-budget 
and would not be subject to pay-as-you-go procedures.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: Section 4 of 
UMRA excludes from the application of that act any legislative 
provisions that enforce the constitutional rights of 
individuals. CBO has determined that title V and certain 
sections of title VI would fall within that exclusion because 
they enforce an individual's right to vote, and to have that 
vote counted.
    Other provisions of the bill would benefit state and local 
governments. Specifically, title I would provide grants to 
states to replace or upgrade punch card voting systems. 
Provisions of title II would provide payments to states to 
improve election administration and voter education. In both 
cases, states must provide up to 25 percent in matching funds 
to be eligible to receive the assistance. The matching 
requirement as well as any other costs to state, local, or 
tribal governments as a result of participating in these 
programs would be incurred voluntarily.
    The remaining provisions of the bill contain no 
intergovernmental or private-sector mandates and would impose 
no costs on state, local, or tribal governments.
    Estimate prepared by: Federal Costs: Mark Grabowicz and 
Matthew Pickford. Impact on State, Local, and Tribal 
Governments: Susan Sieg Tompkins. Impact on the Private Sector: 
Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 36, UNITED STATES CODE

           *       *       *       *       *       *       *

SUBTITLE II--PATRIOTIC AND NATIONAL ORGANIZATIONS

           *       *       *       *       *       *       *

                         PART B--ORGANIZATIONS

      AGRICULTURAL HALL OF FAME....................................20101
     * * * * * * *
      Help America Vote Foundation................................152601
     * * * * * * *

PART B--ORGANIZATIONS

           *       *       *       *       *       *       *

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

Sec. 152603. Board of directors

  (a) General.--The board of directors is the governing body of 
the foundation.
  (b) Members and Appointment.--(1) The board consists of 12 
directors, who shall be appointed not later than 60 days after 
the date of the enactment of this chapter as follows:
          (A) 4 directors (of whom not more than 2 may be 
        members of the same political party) shall be appointed 
        by the President.
          (B) 2 directors shall be appointed by the Speaker of 
        the House of Representatives.
          (C) 2 directors shall be appointed by the minority 
        leader of the House of Representatives.
          (D) 2 directors shall be appointed by the majority 
        leader of the Senate.
          (E) 2 directors shall be appointed by the minority 
        leader of the Senate.
  (2) In addition to the directors described in paragraph (1), 
the chair and ranking minority member of the Committee on House 
Administration of the House of Representatives (or their 
designees) and the chair and ranking minority member of the 
Committee on Rules and Administration of the Senate (or their 
designees) shall each serve as an ex officio nonvoting member 
of the board.
  (3) A director is not an employee of the Federal government 
and appointment to the board does not constitute appointment as 
an officer or employee of the United States Government for the 
purpose of any law of the United States (except as may 
otherwise be provided in this chapter).
  (4) The terms of office of the directors are 4 years.
  (5) A vacancy on the board shall be filled in the manner in 
which the original appointment was made.
  (c) Chair.--The directors shall select 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) 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 2002; 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.

           *       *       *       *       *       *       *

                              ----------                              

TITLE 10, UNITED STATES CODE

           *       *       *       *       *       *       *

Subtitle A--General Military Law

           *       *       *       *       *       *       *

PART II--PERSONNEL

           *       *       *       *       *       *       *

 CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES

Sec.
1561.  Complaints of sexual harassment: investigation by commanding 
          officers.
     * * * * * * *
1566.  Voting assistance: compliance assessments; assistance.
     * * * * * * *

Sec. 1566. Voting assistance: compliance assessments; assistance

  (a) Regulations.--The Secretary of Defense shall prescribe 
regulations to require that the Army, Navy, Air Force, and 
Marine Corps ensure their compliance with any directives issued 
by the Secretary of Defense in implementing any voting 
assistance program.
  (b) Voting Assistance Programs Defined.--In this section, the 
term ``voting assistance programs'' means--
          (1) the Federal Voting Assistance Program carried out 
        under the Uniformed and Overseas Citizens Absentee 
        Voting Act (42 U.S.C. 1973ff et seq.); and
          (2) any similar program.
  (c) Annual Effectiveness and Compliance Reviews.--(1) The 
Inspector General of each of the Army, Navy, Air Force, and 
Marine Corps shall conduct--
          (A) an annual review of the effectiveness of voting 
        assistance programs; and
          (B) an annual review of the compliance with voting 
        assistance programs of that armed force.
  (2) Upon the completion of each annual review under paragraph 
(1), each Inspector General specified in that paragraph shall 
submit to the Inspector General of the Department of Defense a 
report on the results of each such review. Such report shall be 
submitted in time each year to be reflected in the report of 
the Inspector General of the Department of Defense under 
paragraph (3).
  (3) Not later than March 31 each year, the Inspector General 
of the Department of Defense shall submit to Congress a report 
on--
          (A) the effectiveness during the preceding calendar 
        year of voting assistance programs; and
          (B) the level of compliance during the preceding 
        calendar year with voting assistance programs of each 
        of the Army, Navy, Air Force, and Marine Corps.
  (d) Inspector General Assessments.--(1) The Inspector General 
of the Department of Defense shall periodically conduct at 
Department of Defense installations unannounced assessments of 
the compliance at those installations with--
          (A) the requirements of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff et 
        seq.);
          (B) Department of Defense regulations regarding that 
        Act and the Federal Voting Assistance Program carried 
        out under that Act; and
          (C) other requirements of law regarding voting by 
        members of the armed forces.
  (2) The Inspector General shall conduct an assessment under 
paragraph (1) at not less than 10 Department of Defense 
installations each calendar year.
  (3) Each assessment under paragraph (1) shall include a 
review of such compliance--
          (A) within units to which are assigned, in the 
        aggregate, not less than 20 percent of the personnel 
        assigned to duty at that installation;
          (B) within a representative survey of members of the 
        armed forces assigned to that installation and their 
        dependents; and
          (C) within unit voting assistance officers to measure 
        program effectiveness.
  (e) Regular Military Department Assessments.--The Secretary 
of each military department shall include in the set of issues 
and programs to be reviewed during any management effectiveness 
review or inspection at the installation level an assessment of 
compliance with the Uniformed and Overseas Citizens Absentee 
VotingAct (42 U.S.C. 1973ff et seq.) and with Department of 
Defense regulations regarding the Federal Voting Assistance Program.
  (f) Voting Assistance Officers.--(1) Voting assistance 
officers shall be appointed or assigned under Department of 
Defense regulations. Commanders at all levels are responsible 
for ensuring that unit voting officers are trained and equipped 
to provide information and assistance to members of the armed 
forces on voting matters. Performance evaluation reports 
pertaining to a member who has been assigned to serve as a 
voting assistance officer shall comment on the performance of 
the member as a voting assistance officer. The Secretary of 
each military department shall certify to Congress that (at a 
minimum) a voting assistance officer has been appointed or 
assigned for each military installation and major command under 
the jurisdiction of the department and that a replacement will 
be appointed if the original officer is no longer able to 
serve.
  (2) Under regulations and procedures 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.
  (3) As part of each assessment prepared by the Secretary of a 
military department under subsection (e), the Secretary shall--
          (A) specify the number of members of the armed forces 
        under the jurisdiction of the Secretary who are 
        appointed or assigned to duty as voting assistance 
        officers;
          (B) specify the ratio of voting assistance officers 
        to active duty members of the armed forces under the 
        jurisdiction of the Secretary;
          (C) indicate whether this number and ratio comply 
        with the requirements of the Federal Voting Assistance 
        Program; and
          (D) describe the training such members receive to 
        perform their duties as voting assistance officers.
  (g) 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 requirement.
  (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, reenlists, or voluntarily extends an enlistment or who 
completes a permanent change of station in an active or reserve 
component of the Army, Navy, Air Force, or Marine Corps shall 
receive such form at the time of the enlistment, reenlistment, 
extension, or completion of the permanent change of station, 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.
  (h) Delivery of Mail From Overseas Preceding Federal 
Elections.--(1) During the four months preceding a general 
Federal election month, the Secretary of Defense shall 
periodically conduct surveys of all overseas locations and 
vessels at sea with military units responsible for collecting 
mail for return shipment to the United States and all port 
facilities in the United States and overseas where military-
related mail is collected for shipment to overseas locations or 
to the United States. The purpose of each survey shall be to 
determine if voting materials are awaiting shipment at any such 
location and, if so, the length of time that such materials 
have been held at that location. During the fourth and third 
months before a general Federal election month, such surveys 
shall be conducted biweekly. During the second and first months 
before a general Federal election month, such surveys shall be 
conducted weekly.
  (2) The Secretary shall ensure that voting materials are 
transmitted expeditiously by military postal authorities at all 
times. 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 
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.
  (3) 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.
  (4) In this section, the term ``general Federal election 
month'' means November in an even-numbered year.

           *       *       *       *       *       *       *

PART IV--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *

  CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF 
                           NONEXCESS PROPERTY

Sec.
2661.  Miscellaneous administrative provisions relating to real 
          property.
     * * * * * * *
[2670.  Licenses: military installations; erection and use of buildings; 
          American National Red Cross.]
2670.  Buildings on military installations: use by American National Red 
          Cross and as polling places in Federal, State, and local 
          elections.
     * * * * * * *

[Sec. 2670. Licenses: military installations; erection and use of 
                    buildings; American National Red Cross]

  [Under]

Sec. 2670. Buildings on military installations: use by American 
                    National Red Cross and as polling places in 
                    Federal, State, and local elections

  (a) Use by Red Cross.--Under such conditions as he may 
prescribe, the Secretary of any military department may issue a 
revocable license to the American National Red Cross to--
          (1) * * *

           *       *       *       *       *       *       *

Supplies stored in buildings erected or used under this 
[section] subsection are available to aid the civilian 
population in a serious national disaster.
  (b) Use as Polling Places.--(1) Notwithstanding any other 
provision of law, the Secretary of a military department may 
make a building located on a military installation under the 
jurisdiction of the Secretary available for use as a polling 
place in any Federal, State, or local public election, but only 
if such use is limited to eligible voters who reside on that 
military installation.
  (2) If a building located on a military installation is made 
available under paragraph (1) as the site of a polling place, 
the Secretary shall continue to make the building available for 
subsequent elections unless the Secretary provides to the 
appropriate State or local election officials advance notice, 
in a reasonable and timely manner, of the reasons why the 
building will no longer be made available as a polling place.
  (3) In this section, the term ``military installation'' has 
the meaning given the term in section 2687(e) of this title.

           *       *       *       *       *       *       *

Subtitle E--Reserve Components

           *       *       *       *       *       *       *

PART V--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *

CHAPTER 1803--FACILITIES FOR RESERVE COMPONENTS

           *       *       *       *       *       *       *

Sec. 18235. Administration; other use permitted by Secretary

  (a) * * *

           *       *       *       *       *       *       *

  (c) Pursuant to a lease or other agreement under subsection 
(a)(2), the Secretary may make a facility covered by subsection 
(a) available for use as a polling place in any Federal, State, 
or local public election notwithstanding any other provision of 
law. If a facility is made available as the site of a polling 
place with respect to an election, the Secretary shall continue 
to make the facility available for subsequent elections unless 
the Secretary provides to the appropriate State or local 
election officials advance notice, in a reasonable and timely 
manner, of the reasons why the facility will no longer be made 
available as a polling place.

Sec. 18236. Contributions to States; other use permitted by States

  (a) * * *

           *       *       *       *       *       *       *

  (e) Pursuant to a lease or other agreement under subsection 
(c)(1), a State may make a facility covered by subsection (c) 
available for use as a polling place in any Federal, State, or 
local public election notwithstanding any other provision of 
law.

           *       *       *       *       *       *       *

                              ----------                              

UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT

           *       *       *       *       *       *       *

 TITLE I--REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS 
          AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE

SEC. 101. FEDERAL RESPONSIBILITIES.

  (a) * * *

           *       *       *       *       *       *       *

  (b) Duties of Presidential Designee.--The Presidential 
designee shall--
          (1) consult State and local election officials in 
        carrying out this title[;], and ensuring that such 
        officials are aware of the requirements of this Act;
          (2) prescibe an official post card form, containing 
        both an absentee voter registration application and an 
        absentee ballot application, for use by the States [as 
        recommended in section 104] as required under section 
        102(4);

           *       *       *       *       *       *       *

          (5) compile and distribute (A) descriptive material 
        on State absentee registration and voting procedures, 
        and (B) to the extent practicable, facts relating to 
        specific elections, including dates, offices involved, 
        and the text of ballot questions; [and]
          (6) not later than the end of each year after a 
        Presidential election year, transmit to the President 
        and the Congress a report on the effectiveness of 
        assistance under this title, including a statistical 
        analysis of uniformed services voter participation 
        (listed separately for overseas voters and absent 
        uniformed services voters), a general assessment of 
        overseas nonmilitary participation, and a description 
        of State-Federal cooperation[.]; and
          (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.

           *       *       *       *       *       *       *

SEC. 102. STATE RESPONSIBILITIES.

  (a) In General.--Each State shall--
          (1) * * *
          [(2) accept and process, with respect to any general, 
        special, primary, or runoff election for Federal 
        office, any otherwise valid voter registration 
        application from an absent uniformed services voter or 
        overseas voter, if the application is received by the 
        appropriate State election official not less than 30 
        days before the election; and]
          (2) accept and process, with respect to any election 
        for Federal office, any otherwise valid voter 
        registration application and absentee ballot 
        application from an absent uniformed services voter or 
        overseas voter, if the application is received by the 
        appropriate State election official not less than 30 
        days before the election;
          (3) permit overseas voters to use Federal write-in 
        absentee ballots (in accordance with section 103) in 
        general elections for Federal office[.];
          (4) use the official post card form (prescribed under 
        section 101) for simultaneous voter registration 
        application and absentee ballot application; and
          (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).
  (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 (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 acceptingvalid 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.
  (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 
2001) on the number of absentee ballots transmitted to absent 
uniformed services voters and overseas voters for the election 
and the 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.

           *       *       *       *       *       *       *

[SEC. 104. RECOMMENDATION TO THE STATES TO MAXIMIZE ACCESS TO THE POLLS 
                    BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS 
                    VOTERS.

  [To afford maximum access to the polls by absent uniformed 
services voters and overseas voters, it is recommended that the 
States--
          [(1) use the official post card form (prescribed 
        under section 101) for simultaneous voter registration 
        application and absentee ballot application;
          [(2) adopt the suggested design for absentee ballot 
        mailing envelopes prescribed under section 101;
          [(3) waive registration requirements for absent 
        uniformed services voters and overseas voters who, by 
        reason of service or residence, do not have an 
        opportunity to register;
          [(4) if an application other than an official post 
        card form (prescribed under section 101) is required 
        for absentee registration, provide that registration 
        forms be sent with the absentee ballot and may be 
        returned with it;
          [(5) expedite processing of balloting materials with 
        respect to absent uniformed services voters and 
        overseas voters;
          [(6) permit any oath required for a document under 
        this title to be administered by a commissioned officer 
        of the Armed Forces or any official authorized to 
        administer oaths under Federal law or the law of the 
        State or other place where the oath is administered;
          [(7) assure that absentee ballots are mailed to 
        absent uniformed services voters and overseas voters at 
        the earliest opportunity;
          [(8) assist the Presidential designee in compiling 
        statistical and other information relating to this 
        title; and
          [(9) provide late registration procedures for persons 
        recently separated from the Armed Forces.]

SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

  (a) In General.--If a State accepts and processes an official 
post card form (prescribed under section 101) submitted by an 
absent uniformed services voter or overseas voter for 
simultaneous voter registration and absentee ballot application 
(in accordance with section 102(a)(4)) and the voter requests 
that the application be considered an application for an 
absentee ballot for each subsequent election for Federal office 
held in the State during that year, the State shall provide an 
absentee ballot to the voter for each subsequent election for 
Federal office held in the State during that year.
  (b) Exception for Voters Changing Registration.--Subsection 
(a) shall not apply with respect to a voter registered to vote 
in a State for any election held after the voter notifies the 
State that the voter no longer wishes to be registered to vote 
in the State or after the State determines that the voter has 
registered to vote in another State.
  (c) Revision of Official Post Card Form.--The Presidential 
designee shall revise the official post card form (prescribed 
under section 101) to enable a voter using the form to--
          (1) request an absentee ballot for each election for 
        Federal office held in a State during a year; or
          (2) request an absentee ballot for only the next 
        scheduled election for Federal office held in a State.
  (d) No Effect on Voter Removal Programs.--Nothing in this 
section may be construed to prevent a State from removing any 
voter from the rolls of registered voters in the State under 
any program or method permitted under section 8 of the National 
Voter Registration Act of 1993.

           *       *       *       *       *       *       *

                              ----------                              

TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *

PART I--CRIMES

           *       *       *       *       *       *       *

CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES

           *       *       *       *       *       *       *

Sec. 592. Troops at polls

  Whoever, being an officer of the Army or Navy, or other 
person in the civil, military, or naval service of the United 
States, orders, brings, keeps, or has under his authority or 
control any troops or armed men at any place where a general or 
special election is held, unless such force be necessary to 
repel armed enemies of the United States, shall be fined under 
this title or imprisoned not more than five years, or both; and 
be disqualified from holding any office of honor, profit, or 
trust under the United States.
  This section shall not prevent any officer or member of the 
armed forces of the United States from exercising the right of 
suffrage in any election district to which he may belong, if 
otherwise qualified according to the laws of the State in which 
he offers to vote.
  This section shall not apply to the actions of members of the 
Armed Forces at any polling place on a military installation 
where a general or special election is held in accordance with 
section 2670(b), 18235, or 18236 of title 10.

Sec. 593. Interference by armed forces

  Whoever, being an officer or member of the Armed Forces of 
the United States, prescribes or fixes or attempts to prescribe 
or fix, whether by proclamation, order or otherwise, the 
qualifications of voters at any election in any State; or
  Whoever, being such officer or member, prevents or attempts 
to prevent by force, threat, intimidation, advice or otherwise 
any qualified voter of any State from fully exercising the 
right of suffrage at any general or special election; or
  Whoever, being such officer or member, orders or compels or 
attempts to compel any election officer in any State to receive 
a vote from a person not legally qualified to vote; or
  Whoever, being such officer or member, imposes or attempts to 
impose any regulations for conducting any general or special 
election in a State, different from those prescribed by law; or
  Whoever, being such officer or member, interferes in any 
manner with an election officer's discharge of his duties--
  Shall be fined under this title or imprisoned not more than 
five years, or both; and disqualified from holding any office 
of honor, profit or trust under the United States.
  This section shall not prevent any officer or member of the 
Armed Forces from exercising the right of suffrage in any 
district to which he may belong, if otherwise qualified 
according to the laws of the State of such district.
  This section shall not apply to the actions of members of the 
Armed Forces at any polling place on a military installation 
where a general or special election is held in accordance with 
section 2670(b), 18235, or 18236 of title 10.

Sec. 594. Intimidation of voters

  (a) Whoever intimidates, threatens, coerces, or attempts to 
intimidate, threaten, or coerce, any other person for the 
purpose of interfering with the right of such other person to 
vote or to vote as he may choose, or of causing such other 
person to vote for, or not to vote for, any candidate for the 
office of President, Vice President, Presidential elector, 
Member of the Senate, Member of the House of Representatives, 
Delegate from the District of Columbia, or Resident 
Commissioner, at any election held solely or in part for the 
purpose of electing such candidate, shall be fined under this 
title or imprisoned not more than one year, or both.
  (b) For purposes of subsection (a), a poll worker who urges 
or encourages a voter who has not cast a vote for each office 
listed on the ballot to return to the voting booth to cast 
votes for every office, or who otherwise intimidates, harasses, 
or coerces the voter to vote for each such office (or who 
attempts to intimidate, harass, or coerce the voter to vote for 
each such office), shall be considered to have intimidated, 
threatened, or coerced (or to have attempted to intimidate, 
threaten, or coerce) the voter for the purpose of interfering 
with the voter's right to vote as the voter may choose. Nothing 
in this subsection shall prohibit a poll worker from providing 
information to a voter who requests assistance.

           *       *       *       *       *       *       *

                              ----------                              

       SECTION 2003 OF THE REVISED STATUTES OF THE UNITED STATES

  Sec. 2003. No officer of the Army or Navy of the United 
States shall prescribe or fix, or attempt to prescribe or fix, 
by proclamation, order, or otherwise, the qualifications of 
voters in any State, or in any manner interfere with the 
freedom of any election in any State, or with the exercise of 
the free right of suffrage in any State. Making a military 
installation or reserve component facility available as a 
polling place in a Federal, State, or local public election in 
accordance with section 2670(b), 18235, or 18236 of title 10, 
United States Code, is deemed to be consistent with this 
section.
                              ----------                              

TITLE 39, UNITED STATES CODE

           *       *       *       *       *       *       *

PART IV--MAIL MATTER

           *       *       *       *       *       *       *

            CHAPTER 36--POSTAL RATES, CLASSES, AND SERVICES

                  SUBCHAPTER I--POSTAL RATE COMMISSION

Sec.
3601. Establishment.
     * * * * * * *

           SUBCHAPTER II--PERMANENT RATES AND CLASSES OF MAIL

3621. Authority to fix rates and classes.
     * * * * * * *
[3629. Reduced rates for voter registration purposes.]
3629. Reduced rates for official election mail.
     * * * * * * *

SUBCHAPTER II--PERMANENT RATES AND CLASSES OF MAIL

           *       *       *       *       *       *       *

[Sec. 3629. Reduced rates for voter registration purposes

  [The Postal Service shall make available to a State or local 
voting registration official the rate for any class of mail 
that is available to a qualified nonprofit organization under 
section 3626 for the purpose of making a mailing that the 
official certifies is required or authorized by the National 
Voter Registration Act of 1993.]

Sec. 3629. Reduced rates for official election mail

  (a) Notwithstanding any other provision of this title, the 
rate of postage for any first-class mail matter shall, in the 
case of official election mail, be equal to 50 percent of the 
regular first-class rate, subject to subsection (c).
  (b) For purposes of this section, the term ``official 
election mail'' means any mailing by a State or local election 
official that--
          (1) is mailed in the course of official business;
          (2) consists of voter registration or election 
        information or assistance prepared and mailed in a 
        nonpartisan manner; and
          (3) bears such logo or other markings as the Postal 
        Service may require.
Such term does not include any mailing that includes any mail 
matter intended to promote government action unrelated to the 
conduct of an election.
  (c) Nothing in this section shall, with respect to any 
official election mail, be considered to make unavailable--
          (1) any free mailing privilege under section 3406 or 
        any other provision of law for which such mail 
        otherwise qualifies; or
          (2) any reduced rate of postage under section 3626 or 
        any other provision of law for which such mail 
        otherwise qualifies, if lower than the rate that would 
        otherwise apply under subsection (a).

           *       *       *       *       *       *       *

                              ----------                              

        SECTION 311 OF THE FEDERAL ELECTION CAMPAIGN ACT OF 1971

                       administrative provisions

  Sec. 311. (a) The Commission shall--
          (1) * * *

           *       *       *       *       *       *       *

          (8) prescribe rules, regulations, and forms to carry 
        out the provisions of this Act, in accordance with the 
        provisions of subsection (d); and
          (9) transmit to the President and to each House of 
        the Congress no later than June 1 of each year, a 
        report which states in detail the activities of the 
        Commission in carrying out its duties under this Act, 
        and any recommendations for any legislative or other 
        action the Commission considers appropriate[; and].
          [(10) serve as a national clearinghouse for the 
        compilation of information and review of procedures 
        with respect to the administration of Federal 
        elections. The Commission may enter into contracts for 
        the purpose of conducting studies under this paragraph. 
        Reports or studies made under this paragraph shall be 
        available to the public upon the payment of the cost 
        thereof, except that copies shall be made available 
        without cost, upon request, to agencies and branches of 
        the Federal Government.]

           *       *       *       *       *       *       *

                              ----------                              

NATIONAL VOTER REGISTRATION ACT OF 1993

           *       *       *       *       *       *       *

SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF VOTER 
                    REGISTRATION.

  (a) * * *

           *       *       *       *       *       *       *

  (b) Confirmation of Voter Registration.--Any State program or 
activity to protect the integrity of the electoral process by 
ensuring the maintenance of an accurate and current voter 
registration roll for elections for Federal office--
          (1) * * *
          (2) shall not result in the removal of the name of 
        any person from the official list of voters registered 
        to vote in an election for Federal office by reason of 
        the person's failure to vote[.], 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 has not voted or 
        appeared to vote in 2 or more consecutive general 
        elections for Federal office and has not notified the 
        applicable registrar (in person or in writing) or 
        responded to a notice sent by the applicable registrar 
        during the period in which such elections are held that 
        the individual intends to remain registered in the 
        registrar's jurisdiction.

           *       *       *       *       *       *       *

SEC. 9. FEDERAL COORDINATION AND REGULATIONS.

  (a) In General.--The [Federal Election Commission] Election 
Assistance Commission--
          (1) * * *

           *       *       *       *       *       *       *

                              ----------                              

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *

PART III--EMPLOYEES

           *       *       *       *       *       *       *

                  Subpart B--Employment and Retention

CHAPTER 31--AUTHORITY FOR EMPLOYMENT

           *       *       *       *       *       *       *

SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE

           *       *       *       *       *       *       *

Sec. 3132. Definitions and exclusions

  (a) For the purpose of this subchapter--
          (1) ``agency'' means an Executive agency, except a 
        Government corporation and the General Accounting 
        Office, but does not include--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) the Federal Election Commission or the 
                Election Assistance Commission; or

           *       *       *       *       *       *       *

Subpart F--Labor-Management and Employee Relations

           *       *       *       *       *       *       *

CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT

           *       *       *       *       *       *       *

SUBCHAPTER III--POLITICAL ACTIVITIES

           *       *       *       *       *       *       *

Sec. 7323. Political activity authorized; prohibitions

  (a) * * *
  (b)(1) * * *
  (2)(A) * * *
  (B) The provisions of subparagraph (A) shall apply to--
          (i) an employee of--
                  (I) the Federal Election Commission or the 
                Election Assistance Commission;

           *       *       *       *       *       *       *

                              ----------                              

            SECTION 8G OF THE INSPECTOR GENERAL ACT OF 1978

   requirements for federal entities and designated federal entities

  Sec. 8G. (a) Notwithstanding section 11 of this Act, as used 
in this section--
          (1) * * *
          (2) the term ``designated Federal entity'' means 
        Amtrak, the Appalachian Regional Commission, the Board 
        of Governors of the Federal Reserve System, the Board 
        for International Broadcasting, the Commodity Futures 
        Trading Commission, the Consumer Product Safety 
        Commission, the Corporation for Public Broadcasting, 
        the Equal Employment Opportunity Commission, the Farm 
        Credit Administration, the Federal Communications 
        Commission, the Federal Deposit Insurance Corporation, 
        the Federal Election Commission, the Election 
        Assistance Commission, the Federal Housing Finance 
        Board, the Federal Labor Relations Authority, the 
        Federal Maritime Commission, the Federal Trade 
        Commission, the Legal Services Corporation, the 
        National Archives and Records Administration, the 
        National Credit Union Administration, the National 
        Endowment for the Arts, the National Endowment for the 
        Humanities, the National Labor Relations Board, the 
        National Science Foundation, the Panama Canal 
        Commission, the Peace Corps, the Pension Benefit 
        Guaranty Corporation, the Securities and Exchange 
        Commission, the Smithsonian Institution, the United 
        States International Trade Commission, and the United 
        States Postal Service;

           *       *       *       *       *       *       *

                ADDITIONAL VIEWS OF HON. STENY H. HOYER

    I write to offer my additional views regarding the 
importance of ensuring accessibility in voting for people with 
disabilities. The bill in its present form offers significant 
gains in voting accessibility for persons with disabilities, 
especially those with visual impairments. For example, the bill 
requires that, in a state receiving election fund payments, 
every polling place or precinct have at least one voting system 
(hardware and software) that is fully accessible. However, 
while I agree with everything in the committee report, I wish 
to emphasize the need to take further steps beyond this bill 
and beyond the Americans with Disabilities Act to ensure 
complete accessibility in voting and registration services for 
persons with disabilities.
    Complete voting access must be assured for every voter 
regardless of whether a state or locality accepts federal 
election funds and without regard to any significant cost 
constraints. Voting is one of the fundamental rights of 
citizens in a Republic. As such, the right should not depend 
upon the vagaries of local budgets--certainly not in an 
affluent society like ours. Physical access to the ballot box 
should be unconditional. Every polling place in America should 
be accessible to persons with the full range of disabilities. 
Every polling place should have already at least one voting 
machine or method that is fully accessible, that is, a voting 
machine or method that allows a voter with a disability to vote 
in a manner that is as reliable, fraud-resistant, private, 
independent and anonymous as that available to anyone else.
    One of our most profound accomplishments since the founding 
of the United States is the progressive broadening of the 
franchise to include African-Americans, women and others 
subject to pervasive discrimination. In this process, we have 
learned that few of the rights or interests of a particular 
group of Americans can be secure so long as that group lacks 
the right to vote for officials who will be accountable to 
them. We have also learned that, as more adult citizens become 
full participants in our polity, the democratic process is 
enriched for all. We are still in the process of learning this 
lesson with regard to persons with disabilities.
    Most of the ongoing discrimination against persons with 
disabilities concerning voting is no longer motivated by 
deliberate efforts do exclude. However, as the recent GAO 
report on accessibility documents, the choice, design and 
administration of polling places, voting methods and machines 
continues in many instances to be driven by a careless 
assumption on the part of election administrators that all 
voters are able-bodied. The General Accounting Office recently 
found, for example, that many polling places have high door 
thresholds and inaccessible parking places, and that, even when 
ramps are installed, in many instances they are hazardous to 
users. Policymakers must strive to highlight the need to 
administer every aspect of elections in a way that recognizes 
that a portion of the electorate does not enjoy the full range 
of abilities, disabilities and impairments.
    The right to vote is an almost sacred right that should not 
be casually traded off against other rights and interests. See, 
e.g., Harper v. Virginia State Board of Elections, 383 U.S. 
663, 667 (voting is a fundamental right, any alleged 
infringement of which, must be meticulously scrutinized); 
Kramer v. Union Free School District No. 15, 395 U.S. 621, 626 
(1969) (``statutes distributing the franchise constitute the 
foundation of our representative society [requiring careful 
examination of a State's stated interests]'') Corresponding to 
the fundamental nature of this right, government officials and 
election administrators at all levels of government must 
recognize we have a fundamental obligation to guarantee full 
access to the ballot box for every qualified citizen. Thus, I 
hope the Senate will go beyond the achievements of this bill to 
provide a guarantee of full accessibility that is not dependent 
upon a state's acceptance of federal funds and that is not 
limited by any significant cost constraints. Further, I hope we 
then accept those additional requirements when we meet with the 
Senate in conference.
    However, even before Congress takes additional steps, we 
should remember, as the committee report explains, that we 
already have powerful tools for electoral reform available to 
us, one of which is the Americans with Disabilities Act of 1990 
(ADA). In the preamble to that Act, we found that voting is a 
``critical area'' and that discrimination against individuals 
with disabilities, especially discrimination in the form of 
isolation and segregation, persists. To redress this 
discrimination, the ADA insists upon both equality and 
integration for persons with disabilities.
    In the past decade, the ADA has already improved electoral 
access for persons with disabilities, both through voluntary 
compliance and through successful litigation in recent cases 
such as New York v. Schoharie, 82 F.Supp.2d 19 (N.D.N.Y. 2000) 
and Doe v. Rowe, 156 F.Supp.2d 35 (D. Me. 2001). But, as the 
GAO report documents, there is plenty of work left to be done 
to achieve compliance with the ADA. While the ADA provides an 
undue burden defense to its general mandates, it still provides 
a great deal of leverage for correcting the kinds of problems 
documented by the GAO.
    Under the ADA, all voting and registration procedures and 
services must be accessible. Accessibility includes affording 
individuals with disabilities an opportunity to cast a ballot 
in a manner that is as private, independent and anonymous as 
that afforded other voters, and to vote in an integrated 
setting with other voters. The ADA includes an integration 
mandate that bars attempts to achieve accessibility through 
separate-but-equal kinds of arrangements, a mandate that is 
limited only by the undue burden defense. See, e.g., Olmstead 
v. L.C. by Zimring, 527 U.S. 581 (1999).
    Of course, the ADA's mandate to offer equal and integrated 
voting methods to persons with disabilities does nothing to 
deny a State or local government the right to provide generally 
to the electorate alternative voting methods such as absentee 
balloting. Nor does it deny an individual with a disability the 
right to receive a reasonable accommodation in the form of an 
absentee ballot, curbside voting, or assistance from a poll 
worker or other individual of his or her choice (other than an 
individual who is the voter's employer or agent of that 
employer or officer or agent of the voter's union).
    But the fact that an individual with a disability might 
want to use an absentee ballot or curbside voting as a means of 
gaining access to voting does not relieve a State or locality 
from its obligation to make polling places as integrated and 
accessible as possible. Thus, to comply with the ADA, a pubic 
entity (such as a State or unit of local government or a 
responsible government official) must first survey its polling 
places and move inaccessible polling places to accessible 
locations. The defense of undue burden is unavailable if there 
are accessible places that may reasonably serve as polling 
places. It will be a rare case in which the need to move a 
polling place to another location will create an undue burden.
    Simple compliance with this requirement--that accessible 
polling places be chosen in the first place--will result in 
significant increased accessibility without costing any 
additional money. Normally, an alteration in polling location 
will only require a different way of thinking about what 
constitutes an appropriate polling place.
    There may well be situations in which no accessible place 
is reasonably available as a polling place. In such cases, the 
public entity must make changes to existing polling places to 
ensure accessibility, such as installing a ramp providing 
access for those who use wheelchairs. This obligation, however, 
is subject to an ``undue burden'' defense. Thus, in some 
situations, the entity will not be required to make a polling 
place accessible, and instead, will be permitted to offer 
access to voting through such means as curbside voting or 
absentee balloting.
    It is important to note, however, that a State or unit of 
local government may not, as a first resort, depend upon 
curbside voting or absentee balloting as its sole means to make 
polling places accessible. Rather, as noted, the government 
must first determine whether an integrated means of access can 
be achieved within the ``undue burden'' limitation. If such 
access cannot be achieved within that standard, the public 
entity may then rely upon alternative, less-integrated means of 
access to the act of voting, for example, curbside voting or 
absentee balloting.
    The undue burden standard makes allowance for the 
limitations of poor or rural jurisdictions lacking the 
resources to achieve a level of accessibility equivalent to 
that of larger, wealthier or more populous areas. However, an 
undue burden defense must be assessed in terms of actual--
rather than merely formal--resource constraints. An undue 
burden means significant difficulty or expense in light of the 
budget of the unit of government responsible for funding 
registration services, polling places and voting methods, 
together with any coordinated budget with, or budgetary 
resources available from, other units of State and local 
government. See, e.g., H.R. Rep. No. 101-485 (1990), reprinted 
in Comm. on Educ. and Labor, 101st Cong., Legislative History 
of the Americans with Disabilities Act, at 340-343 (1990) 
(providing guidance on the analogous undue hardship 
determination in the employment context.)

                                                    Steny H. Hoyer.

                                
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