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[107th Congress Public Law 252]
[From the U.S. Government Printing Office]

[DOCID: f:publ252.107]

[[Page 1665]]

                      HELP AMERICA VOTE ACT OF 2002

[[Page 116 STAT. 1666]]

Public Law 107-252
107th Congress

                                 An Act

 
To establish a program to provide funds to States to replace punch card 
   voting systems, to establish the Election Assistance Commission to 
   assist in the administration of Federal elections and to otherwise 
 provide assistance with the administration of certain Federal election 
    laws and programs, to establish minimum election administration 
 standards for States and units of local government with responsibility 
       for the administration of Federal elections, and for other 
            purposes. <<NOTE: Oct. 29, 2002 -  [H.R. 3295]>> 

    Be it enacted by the Senate and House of <<NOTE: Help America Vote 
Act of 2002.>> Representatives of the United States of America in 
Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 42 USC 15301 note.>> Title.--This Act may be cited 
as the ``Help America Vote Act of 2002''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

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

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

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 Part 1--Election Assistance Commission

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

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

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

[[Page 116 STAT. 1667]]

           Part 3--Technical Guidelines Development Committee

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

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

Sec. 231. Certification and testing of voting systems.

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

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

                     Subtitle D--Election Assistance

                      Part 1--Requirements Payments

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

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

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

      Part 3--Grants for Research on Voting Technology Improvements

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

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

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

                 Part 5--Protection and Advocacy Systems

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

            Part 6--National Student and Parent Mock Election

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

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

                        Subtitle A--Requirements

Sec. 301. Voting systems standards.
Sec. 302. Provisional voting and voting information requirements.
Sec. 303. Computerized statewide voter registration list requirements 
           and requirements for voters who register by mail.
Sec. 304. Minimum requirements.

[[Page 116 STAT. 1668]]

Sec. 305. Methods of implementation left to discretion of State.

                     Subtitle B--Voluntary Guidance

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

                          TITLE IV--ENFORCEMENT

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

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

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

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

Sec. 601. Help America Vote Foundation.

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

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

                    TITLE VIII--TRANSITION PROVISIONS

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

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

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

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

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

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

SEC. 101. <<NOTE: 42 USC 15301.>> PAYMENTS TO STATES FOR ACTIVITIES TO 
            IMPROVE ADMINISTRATION OF ELECTIONS.

    (a) In <<NOTE: Deadlines. Notification.>> General.--Not later than 
45 days after the date of the enactment of this Act, the Administrator 
of General Services

[[Page 116 STAT. 1669]]

(in this title referred to as the ``Administrator'') shall establish a 
program under which the Administrator shall make a payment to each State 
in which the chief executive officer of the State, or designee, in 
consultation and coordination with the chief State election official, 
notifies the Administrator not later than 6 months after the date of the 
enactment of this Act that the State intends to use the payment in 
accordance with this section.

    (b) Use of Payment.--
            (1) In general.--A State shall use the funds provided under 
        a payment made under this section to carry out one or more of 
        the following activities:
                    (A) Complying with the requirements under title III.
                    (B) Improving the administration of elections for 
                Federal office.
                    (C) Educating voters concerning voting procedures, 
                voting rights, and voting technology.
                    (D) Training election officials, poll workers, and 
                election volunteers.
                    (E) Developing the State plan for requirements 
                payments to be submitted under part 1 of subtitle D of 
                title II.
                    (F) Improving, acquiring, leasing, modifying, or 
                replacing voting systems and technology and methods for 
                casting and counting votes.
                    (G) Improving the accessibility and quantity of 
                polling places, including providing physical access for 
                individuals with disabilities, providing nonvisual 
                access for individuals with visual impairments, and 
                providing assistance to Native Americans, Alaska Native 
                citizens, and to individuals with limited proficiency in 
                the English language.
                    (H) Establishing toll-free telephone hotlines that 
                voters may use to report possible voting fraud and 
                voting rights violations, to obtain general election 
                information, and to access detailed automated 
                information on their own voter registration status, 
                specific polling place locations, and other relevant 
                information.
            (2) Limitation.--A State may not use the funds provided 
        under a payment made under this section--
                    (A) to pay costs associated with any litigation, 
                except to the extent that such costs otherwise 
                constitute permitted uses of a payment under this 
                section; or
                    (B) for the payment of any judgment.

    (c) Use of Funds To Be Consistent With Other Laws and 
Requirements.--In order to receive a payment under the program under 
this section, the State shall provide the Administrator with 
certifications that--
            (1) the State will use the funds provided under the payment 
        in a manner that is consistent with each of the laws described 
        in section 906, as such laws relate to the provisions of this 
        Act; and
            (2) the proposed uses of the funds are not inconsistent with 
        the requirements of title III.

    (d) Amount of Payment.--
            (1) In general.--Subject to section 103(b), the amount of 
        payment made to a State under this section shall be the minimum 
        payment amount described in paragraph (2) plus

[[Page 116 STAT. 1670]]

        the voting age population proportion amount described in 
        paragraph (3).
            (2) Minimum payment amount.--The minimum payment amount 
        described in this paragraph is--
                    (A) in the case of any of the several States or the 
                District of Columbia, one-half of 1 percent of the 
                aggregate amount made available for payments under this 
                section; and
                    (B) in the case of the Commonwealth of Puerto Rico, 
                Guam, American Samoa, or the United States Virgin 
                Islands, one-tenth of 1 percent of such aggregate 
                amount.
            (3) Voting age population proportion amount.--The voting age 
        population proportion amount described in this paragraph is the 
        product of--
                    (A) the aggregate amount made available for payments 
                under this section minus the total of all of the minimum 
                payment amounts determined under paragraph (2); and
                    (B) the voting age population proportion for the 
                State (as defined in paragraph (4)).
            (4) Voting age population proportion defined.--The term 
        ``voting age population proportion'' means, with respect to a 
        State, the amount equal to the quotient of--
                    (A) the voting age population of the State (as 
                reported in the most recent decennial census); and
                    (B) the total voting age population of all States 
                (as reported in the most recent decennial census).

SEC. 102. <<NOTE: 42 USC 15302.>> REPLACEMENT OF PUNCH CARD OR LEVER 
            VOTING MACHINES.

    (a) Establishment of Program.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 45 days 
        after the date of the enactment of this Act, the Administrator 
        shall establish a program under which the Administrator shall 
        make a payment to each State eligible under subsection (b) in 
        which a precinct within that State used a punch card voting 
        system or a lever voting system to administer the regularly 
        scheduled general election for Federal office held in November 
        2000 (in this section referred to as a ``qualifying precinct'').
            (2) Use of funds.--A State shall use the funds provided 
        under a payment under this section (either directly or as 
        reimbursement, including as reimbursement for costs incurred on 
        or after January 1, 2001, under multiyear contracts) to replace 
        punch card voting systems or lever voting systems (as the case 
        may be) in qualifying precincts within that State with a voting 
        system (by purchase, lease, or such other arrangement as may be 
        appropriate) that--
                    (A) does not use punch cards or levers;
                    (B) is not inconsistent with the requirements of the 
                laws described in section 906; and
                    (C) meets the requirements of section 301.
            (3) Deadline.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a State receiving a payment under the program under 
                this section shall ensure that all of the punch card 
                voting systems or lever voting systems in the qualifying 
                precincts

[[Page 116 STAT. 1671]]

                within that State have been replaced in time for the 
                regularly scheduled general election for Federal office 
                to be held in November 2004.
                    (B) Waiver.--If a State certifies to the 
                Administrator not later than January 1, 2004, that the 
                State will not meet the deadline described in 
                subparagraph (A) for good cause and includes in the 
                certification the reasons for the failure to meet such 
                deadline, the State shall ensure that all of the punch 
                card voting systems or lever voting systems in the 
                qualifying precincts within that State will be replaced 
                in time for the first election for Federal office held 
                after January 1, 2006.

    (b) Eligibility.--
            (1) In general.--A State is eligible to receive a payment 
        under the program under this section if it submits to the 
        Administrator a notice not later than the date that is 6 months 
        after the date of the enactment of this Act (in such form as the 
        Administrator may require) that contains--
                    (A) certifications that the State will use the 
                payment (either directly or as reimbursement, including 
                as reimbursement for costs incurred on or after January 
                1, 2001, under multiyear contracts) to replace punch 
                card voting systems or lever voting systems (as the case 
                may be) in the qualifying precincts within the State by 
                the deadline described in subsection (a)(3);
                    (B) certifications that the State will continue to 
                comply with the laws described in section 906;
                    (C) certifications that the replacement voting 
                systems will meet the requirements of section 301; and
                    (D) such other information and certifications as the 
                Administrator may require which are necessary for the 
                administration of the program.
            (2) Compliance of states that require changes to state 
        law.--In the case of a State that requires State legislation to 
        carry out an activity covered by any certification submitted 
        under this subsection, the State shall be permitted to make the 
        certification notwithstanding that the legislation has not been 
        enacted at the time the certification is submitted and such 
        State shall submit an additional certification once such 
        legislation is enacted.

    (c) Amount of Payment.--
            (1) In general.--Subject to paragraph (2) and section 
        103(b), the amount of payment made to a State under the program 
        under this section shall be equal to the product of--
                    (A) the number of the qualifying precincts within 
                the State; and
                    (B) $4,000.
            (2) Reduction.--If the amount of funds appropriated pursuant 
        to the authority of section 104(a)(2) is insufficient to ensure 
        that each State receives the amount of payment calculated under 
        paragraph (1), the Administrator shall reduce the amount 
        specified in paragraph (1)(B) to ensure that the entire amount 
        appropriated under such section is distributed to the States.

    (d) Repayment of Funds for Failure To Meet Deadlines.--
            (1) In general.--If a State receiving funds under the 
        program under this section fails to meet the deadline applicable

[[Page 116 STAT. 1672]]

        to the State under subsection (a)(3), the State shall pay to the 
        Administrator an amount equal to the noncompliant precinct 
        percentage of the amount of the funds provided to the State 
        under the program.
            (2) Noncompliant precinct percentage defined.--In this 
        subsection, the term ``noncompliant precinct percentage'' means, 
        with respect to a State, the amount (expressed as a percentage) 
        equal to the quotient of--
                    (A) the number of qualifying precincts within the 
                State for which the State failed to meet the applicable 
                deadline; and
                    (B) the total number of qualifying precincts in the 
                State.

    (e) Punch Card Voting System Defined.--For purposes of this section, 
a ``punch card voting system'' includes any of the following voting 
systems:
            (1) C.E.S.
            (2) Datavote.
            (3) PBC Counter.
            (4) Pollstar.
            (5) Punch Card.
            (6) Vote Recorder.
            (7) Votomatic.

SEC. 103. <<NOTE: 42 USC 15303.>> GUARANTEED MINIMUM PAYMENT AMOUNT.

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

SEC. 104. <<NOTE: 42 USC 15304.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for 
payments under this title $650,000,000, of which--
            (1) 50 percent shall be for payments under section 101; and
            (2) 50 percent shall be for payments under section 102.

    (b) Continuing Availability of Funds After Appropriation.--Any 
payment made to a State under this title shall be available to the State 
without fiscal year limitation (subject to subsection (c)(2)(B)).
    (c) Use of Returned Funds and Funds Remaining Unexpended for 
Requirements Payments.--
            (1) In general.--The amounts described in paragraph (2) 
        shall be transferred to the Election Assistance Commission 
        (established under title II) and used by the Commission to make 
        requirements payments under part 1 of subtitle D of title II.

[[Page 116 STAT. 1673]]

            (2) Amounts described.--The amounts referred to in this 
        paragraph are as follows:
                    (A) Any amounts paid to the Administrator by a State 
                under section 102(d)(1).
                    (B) Any amounts appropriated for payments under this 
                title which remain unobligated as of September 1, 2003.

    (d) Deposit of Amounts in State Election Fund.--When a State has 
established an election fund described in section 254(b), the State 
shall ensure that any funds provided to the State under this title are 
deposited and maintained in such fund.
    (e) Authorization of Appropriations for Administrator.--In addition 
to the amounts authorized under subsection (a), there are authorized to 
be appropriated to the Administrator such sums as may be necessary to 
administer the programs under this title.

SEC. 105. <<NOTE: 42 USC 15305.>> ADMINISTRATION OF PROGRAMS.

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

SEC. 106. <<NOTE: Deadline. 42 USC 15306.>> EFFECTIVE DATE.

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

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 PART 1--ELECTION ASSISTANCE COMMISSION

SEC. 201. <<NOTE: 42 USC 15321.>> ESTABLISHMENT.

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

SEC. 202. <<NOTE: 42 USC 15322.>> DUTIES.

    The Commission shall serve as a national clearinghouse and resource 
for the compilation of information and review of procedures with respect 
to the administration of Federal elections by--
            (1) carrying out the duties described in part 3 (relating to 
        the adoption of voluntary voting system guidelines), including 
        the maintenance of a clearinghouse of information on the 
        experiences of State and local governments in implementing the 
        guidelines and in operating voting systems in general;

[[Page 116 STAT. 1674]]

            (2) carrying out the duties described in subtitle B 
        (relating to the testing, certification, decertification, and 
        recertification of voting system hardware and software);
            (3) carrying out the duties described in subtitle C 
        (relating to conducting studies and carrying out other 
        activities to promote the effective administration of Federal 
        elections);
            (4) carrying out the duties described in subtitle D 
        (relating to election assistance), and providing information and 
        training on the management of the payments and grants provided 
        under such subtitle;
            (5) carrying out the duties described in subtitle B of title 
        III (relating to the adoption of voluntary guidance); and
            (6) developing and carrying out the Help America Vote 
        College Program under title V.

SEC. 203. <<NOTE: 42 USC 15323.>> MEMBERSHIP AND APPOINTMENT.

    (a) Membership.--
            (1) In <<NOTE: President.>> general.--The Commission shall 
        have four members appointed by the President, by and with the 
        advice and consent of the Senate.
            (2) Recommendations.--Before the initial appointment of the 
        members of the Commission and before the appointment of any 
        individual to fill a vacancy on the Commission, the Majority 
        Leader of the Senate, the Speaker of the House of 
        Representatives, the Minority Leader of the Senate, and the 
        Minority Leader of the House of Representatives shall each 
        submit to the President a candidate recommendation with respect 
        to each vacancy on the Commission affiliated with the political 
        party of the Member of Congress involved.
            (3) Qualifications.--Each member of the Commission shall 
        have experience with or expertise in election administration or 
        the study of elections.
            (4) Date of <<NOTE: Deadline.>> appointment.--The 
        appointments of the members of the Commission shall be made not 
        later than 120 days after the date of the enactment of this Act.

    (b) Term of Service.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), members shall serve for a term of 4 years and may be 
        reappointed for not more than one additional term.
            (2) Terms of initial appointees.--As designated by the 
        President at the time of nomination, of the members first 
        appointed--
                    (A) two of the members (not more than one of whom 
                may be affiliated with the same political party) shall 
                be appointed for a term of 2 years; and
                    (B) two of the members (not more than one of whom 
                may be affiliated with the same political party) shall 
                be appointed for a term of 4 years.
            (3) Vacancies.--
                    (A) In general.--A vacancy on the Commission shall 
                be filled in the manner in which the original 
                appointment was made and shall be subject to any 
                conditions which applied with respect to the original 
                appointment.
                    (B) Expired terms.--A member of the Commission shall 
                serve on the Commission after the expiration of the 
                member's term until the successor of such member has 
                taken office as a member of the Commission.

[[Page 116 STAT. 1675]]

                    (C) Unexpired terms.--An individual appointed to 
                fill a vacancy shall be appointed for the unexpired term 
                of the member replaced.

    (c) Chair and Vice Chair.--
            (1) In general.--The Commission shall select a chair and 
        vice chair from among its members for a term of 1 year, except 
        that the chair and vice chair may not be affiliated with the 
        same political party.
            (2) Number of terms.--A member of the Commission may serve 
        as the chairperson and vice chairperson for only 1 term each 
        during the term of office to which such member is appointed.

    (d) Compensation.--
            (1) In general.--Each member of the Commission shall be 
        compensated at the annual rate of basic pay prescribed for level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code.
            (2) Other activities.--No member appointed to the Commission 
        under subsection (a) may engage in any other business, vocation, 
        or employment while serving as a member of the Commission and 
        shall terminate or liquidate such business, vocation, or 
        employment before sitting as a member of the Commission.

SEC. 204. <<NOTE: 42 USC 15324.>> STAFF.

    (a) Executive Director, General Counsel, and Other Staff.--
            (1) Executive director.--The Commission shall have an 
        Executive Director, who shall be paid at a rate not to exceed 
        the rate of basic pay for level V of the Executive Schedule 
        under section 5316 of title 5, United States Code.
            (2) Term of service for executive director.--The Executive 
        Director shall serve for a term of 4 years. An Executive 
        Director may serve for a longer period only if reappointed for 
        an additional term or terms by a vote of the Commission.
            (3) Procedure for appointment.--
                    (A) In general.--When a vacancy exists in the 
                position of the Executive Director, the Standards Board 
                and the Board of Advisors shall each appoint a search 
                committee to recommend at least three nominees for the 
                position.
                    (B) Requiring consideration of nominees.--Except as 
                provided in subparagraph (C), the Commission shall 
                consider the nominees recommended by the Standards Board 
                and the Board of Advisors in appointing the Executive 
                Director.
                    (C) Interim service of general counsel.--If a 
                vacancy exists in the position of the Executive 
                Director, the General Counsel of the Commission shall 
                serve as the acting Executive Director until the 
                Commission appoints a new Executive Director in 
                accordance with this paragraph.
                    (D) Special rules for interim executive director.--
                          (i) Convening of search committees.--The 
                      Standards Board and the Board of Advisors shall 
                      each appoint a search committee and recommend 
                      nominees for the position of Executive Director in 
                      accordance

[[Page 116 STAT. 1676]]

                      with subparagraph (A) as soon as practicable after 
                      the appointment of their members.
                          (ii) Interim initial appointment.--
                      Notwithstanding subparagraph (B), the Commission 
                      may appoint an individual to serve as an interim 
                      Executive Director prior to the recommendation of 
                      nominees for the position by the Standards Board 
                      or the Board of Advisors, except that such 
                      individual's term of service may not exceed 6 
                      months. Nothing in the previous sentence may be 
                      construed to prohibit the individual serving as 
                      the interim Executive Director from serving any 
                      additional term.
            (4) General counsel.--The Commission shall have a General 
        Counsel, who shall be appointed by the Commission and who shall 
        serve under the Executive Director. The General Counsel shall 
        serve for a term of 4 years, and may serve for a longer period 
        only if reappointed for an additional term or terms by a vote of 
        the Commission.
            (5) Other staff.--Subject to rules prescribed by the 
        Commission, the Executive Director may appoint and fix the pay 
        of such additional personnel as the Executive Director considers 
        appropriate.
            (6) Applicability of certain civil service laws.--The 
        Executive Director, General Counsel, and staff of the Commission 
        may be appointed without regard to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and may be paid without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of that title 
        relating to classification and General Schedule pay rates, 
        except that an individual so appointed may not receive pay in 
        excess of the annual rate of basic pay for level V of the 
        Executive Schedule under section 5316 of that title.

    (b) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the Executive Director may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, by a vote of the Commission.
    (c) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.
    (d) Arranging for Assistance for Board of Advisors and Standards 
Board.--At the request of the Board of Advisors or the Standards Board, 
the Commission may enter into such arrangements as the Commission 
considers appropriate to make personnel available to assist the Boards 
with carrying out their duties under this title (including contracts 
with private individuals for providing temporary personnel services or 
the temporary detailing of personnel of the Commission).
    (e) Consultation With Board of Advisors and Standards Board on 
Certain Matters.--In preparing the program goals, long-term plans, 
mission statements, and related matters for the Commission, the 
Executive Director and staff of the Commission shall consult with the 
Board of Advisors and the Standards Board.

[[Page 116 STAT. 1677]]

SEC. 205. <<NOTE: 42 USC 15325.>> POWERS.

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

SEC. 206. <<NOTE: 42 USC 15326.>> DISSEMINATION OF INFORMATION.

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

SEC. 207. <<NOTE: 42 USC 15327.>> ANNUAL REPORT.

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

[[Page 116 STAT. 1678]]

            (5) Such other information and recommendations as the 
        Commission considers appropriate.

SEC. 208. <<NOTE: 42 USC 15328.>> REQUIRING MAJORITY APPROVAL FOR 
            ACTIONS.

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

SEC. 209. <<NOTE: 42 USC 15329.>> LIMITATION ON RULEMAKING AUTHORITY.

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

SEC. 210. <<NOTE: 42 USC 15330.>> AUTHORIZATION OF APPROPRIATIONS.

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

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

SEC. 211. <<NOTE: 42 USC 15341.>> 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. <<NOTE: 42 USC 15342.>> DUTIES.

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

SEC. 213. <<NOTE: 42 USC 15343.>> MEMBERSHIP OF STANDARDS BOARD.

    (a) Composition.--
            (1) In general.--Subject to certification by the chair of 
        the Federal Election Commission under subsection (b), the 
        Standards Board shall be composed of 110 members as follows:
                    (A) Fifty-five shall be State election officials 
                selected by the chief State election official of each 
                State.
                    (B) Fifty-five shall be local election officials 
                selected in accordance with paragraph (2).
            (2) List of local election officials.--Each State's local 
        election officials, including the local election officials of 
        Puerto Rico and the United States Virgin Islands, shall select 
        (under a process supervised by the chief election official of 
        the State) a representative local election official from the 
        State for purposes of paragraph (1)(B). In the case of the 
        District of Columbia, Guam, and American Samoa, the chief 
        election official shall establish a procedure for selecting an 
        individual to serve as a local election official for purposes of 
        such paragraph,

[[Page 116 STAT. 1679]]

        except that under such a procedure the individual selected may 
        not be a member of the same political party as the chief 
        election official.
            (3) Requiring mix of political parties represented.--The two 
        members of the Standards Board who represent the same State may 
        not be members of the same political party.

    (b) Procedures for Notice and Certification of Appointment.--
            (1) Notice <<NOTE: Deadline.>> to chair of federal election 
        commission.--Not later than 90 days after the date of the 
        enactment of this Act, the chief State election official of the 
        State shall transmit a notice to the chair of the Federal 
        Election Commission containing--
                    (A) the name of the State election official who 
                agrees to serve on the Standards Board under this title; 
                and
                    (B) the name of the representative local election 
                official from the State selected under subsection (a)(2) 
                who agrees to serve on the Standards Board under this 
                title.
            (2) <<NOTE: Publication.>>  Certification.--Upon receiving a 
        notice from a State under paragraph (1), the chair of the 
        Federal Election Commission shall publish a certification that 
        the selected State election official and the representative 
        local election official are appointed as members of the 
        Standards Board under this title.
            (3) Effect of failure to provide notice.--If a State does 
        not transmit a notice to the chair of the Federal Election 
        Commission under paragraph (1) within the deadline described in 
        such paragraph, no representative from the State may participate 
        in the selection of the initial Executive Board under subsection 
        (c).
            (4) Role of commission.--Upon the appointment of the members 
        of the Election Assistance Commission, the Election Assistance 
        Commission shall carry out the duties of the Federal Election 
        Commission under this subsection.

    (c) Executive Board.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 60 days 
        after the last day on which the appointment of any of its 
        members may be certified under subsection (b), the Standards 
        Board shall select nine of its members to serve as the Executive 
        Board of the Standards Board, of whom--
                    (A) not more than five may be State election 
                officials;
                    (B) not more than five may be local election 
                officials; and
                    (C) not more than five may be members of the same 
                political party.
            (2) Terms.--Except as provided in paragraph (3), members of 
        the Executive Board of the Standards Board shall serve for a 
        term of 2 years and may not serve for more than 3 consecutive 
        terms.
            (3) Staggering of initial terms.--Of the members first 
        selected to serve on the Executive Board of the Standards 
        Board--
                    (A) three shall serve for 1 term;
                    (B) three shall serve for 2 consecutive terms; and
                    (C) three shall serve for 3 consecutive terms,
        as determined by lot at the time the members are first 
        appointed.

[[Page 116 STAT. 1680]]

            (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. <<NOTE: 42 USC 15344.>> MEMBERSHIP OF BOARD OF ADVISORS.

    (a) In General.--The Board of Advisors shall be composed of 37 
members appointed as follows:
            (1) Two members appointed by the National Governors 
        Association.
            (2) Two members appointed by the National Conference of 
        State Legislatures.
            (3) Two members appointed by the National Association of 
        Secretaries of State.
            (4) Two members appointed by the National Association of 
        State Election Directors.
            (5) Two members appointed by the National Association of 
        Counties.
            (6) Two members appointed by the National Association of 
        County Recorders, Election Administrators, and Clerks.
            (7) Two members appointed by the United States Conference of 
        Mayors.
            (8) Two members appointed by the Election Center.
            (9) Two members appointed by the International Association 
        of County Recorders, Election Officials, and Treasurers.
            (10) Two members appointed by the United States Commission 
        on Civil Rights.
            (11) Two members appointed by the Architectural and 
        Transportation Barrier Compliance Board under section 502 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 792).
            (12) The chief of the Office of Public Integrity of the 
        Department of Justice, or the chief's designee.
            (13) The chief of the Voting Section of the Civil Rights 
        Division of the Department of Justice or the chief's designee.
            (14) The director of the Federal Voting Assistance Program 
        of the Department of Defense.
            (15) Four members representing professionals in the field of 
        science and technology, of whom--
                    (A) one each shall be appointed by the Speaker and 
                the Minority Leader of the House of Representatives; and
                    (B) one each shall be appointed by the Majority 
                Leader and the Minority Leader of the Senate.
            (16) Eight members representing voter interests, of whom--
                    (A) four members shall be appointed by the Committee 
                on House Administration of the House of Representatives, 
                of whom two shall be appointed by the chair and two 
                shall be appointed by the ranking minority member; and
                    (B) four members shall be appointed by the Committee 
                on Rules and Administration of the Senate, of whom two 
                shall be appointed by the chair and two shall be 
                appointed by the ranking minority member.

    (b) Manner of Appointments.--Appointments shall be made to the Board 
of Advisors under subsection (a) in a manner which ensures that the 
Board of Advisors will be bipartisan in nature and will reflect the 
various geographic regions of the United States.
    (c) Term of Service; Vacancy.--Members of the Board of Advisors 
shall serve for a term of 2 years, and may be reappointed.

[[Page 116 STAT. 1681]]

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. <<NOTE: 42 USC 15345.>> POWERS OF BOARDS; NO COMPENSATION FOR 
            SERVICE.

    (a) Hearings and Sessions.--
            (1) In general.--To the extent that funds are made available 
        by the Commission, the Standards Board (acting through the 
        Executive Board) and the Board of Advisors may each hold such 
        hearings for the purpose of carrying out this Act, sit and act 
        at such times and places, take such testimony, and receive such 
        evidence as each such Board considers advisable to carry out 
        this title, except that the Boards may not issue subpoenas 
        requiring the attendance and testimony of witnesses or the 
        production of any evidence.
            (2) Meetings.--The Standards Board and the Board of Advisors 
        shall each hold a meeting of its members--
                    (A) not less frequently than once every year for 
                purposes of voting on the voluntary voting system 
                guidelines referred to it under section 222;
                    (B) in the case of the Standards Board, not less 
                frequently than once every 2 years for purposes of 
                selecting the Executive Board; and
                    (C) at such other times as it considers appropriate 
                for purposes of conducting such other business as it 
                considers appropriate consistent with this title.

    (b) Information From Federal Agencies.--The Standards Board and the 
Board of Advisors may each secure directly from any Federal department 
or agency such information as the Board considers necessary to carry out 
this Act. Upon request of the Executive Board (in the case of the 
Standards Board) or the Chair (in the case of the Board of Advisors), 
the head of such department or agency shall furnish such information to 
the Board.
    (c) Postal Services.--The Standards Board and the Board of Advisors 
may use the United States mails in the same manner and under the same 
conditions as a department or agency of the Federal Government.
    (d) Administrative Support Services.--Upon the request of the 
Executive Board (in the case of the Standards Board) or the Chair (in 
the case of the Board of Advisors), the Administrator of the General 
Services Administration shall provide to the Board, on a reimbursable 
basis, the administrative support services that are necessary to enable 
the Board to carry out its duties under this title.
    (e) No Compensation for Service.--Members of the Standards Board and 
members of the Board of Advisors shall not receive any compensation for 
their service, but shall be paid travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the performance of 
services for the Board.

SEC. 216. <<NOTE: 42 USC 15346.>> STATUS OF BOARDS AND MEMBERS FOR 
            PURPOSES OF CLAIMS AGAINST BOARD.

    (a) <<NOTE: Applicability.>>  In General.--The provisions of 
chapters 161 and 171 of title 28, United States Code, shall apply with 
respect to the liability

[[Page 116 STAT. 1682]]

of the Standards Board, the Board of Advisors, and their members for 
acts or omissions performed pursuant to and in the course of the duties 
and responsibilities of the Board.

    (b) Exception for Criminal Acts and Other Willful Conduct.--
Subsection (a) may not be construed to limit personal liability for 
criminal acts or omissions, willful or malicious misconduct, acts or 
omissions for private gain, or any other act or omission outside the 
scope of the service of a member of the Standards Board or the Board of 
Advisors.

           PART 3--TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

SEC. 221. <<NOTE: 42 USC 15361.>> TECHNICAL GUIDELINES DEVELOPMENT 
            COMMITTEE.

    (a) Establishment.--There is hereby established the Technical 
Guidelines Development Committee (hereafter in this part referred to as 
the ``Development Committee'').
    (b) Duties.--
            (1) In general.--The Development Committee shall assist the 
        Executive Director of the Commission in the development of the 
        voluntary voting system guidelines.
            (2) Deadline for initial set of recommendations.--The 
        Development Committee shall provide its first set of 
        recommendations under this section to the Executive Director of 
        the Commission not later than 9 months after all of its members 
        have been appointed.

    (c) Membership.--
            (1) In general.--The Development Committee shall be composed 
        of the Director of the National Institute of Standards and 
        Technology (who shall serve as its chair), together with a group 
        of 14 other individuals appointed jointly by the Commission and 
        the Director of the National Institute of Standards and 
        Technology, consisting of the following:
                    (A) An equal number of each of the following:
                          (i) Members of the Standards Board.
                          (ii) Members of the Board of Advisors.
                          (iii) Members of the Architectural and 
                      Transportation Barrier Compliance Board under 
                      section 502 of the Rehabilitation Act of 1973 (29 
                      U.S.C. 792).
                    (B) A representative of the American National 
                Standards Institute.
                    (C) A representative of the Institute of Electrical 
                and Electronics Engineers.
                    (D) Two representatives of the National Association 
                of State Election Directors selected by such Association 
                who are not members of the Standards Board or Board of 
                Advisors, and who are not of the same political party.
                    (E) Other individuals with technical and scientific 
                expertise relating to voting systems and voting 
                equipment.
            (2) Quorum.--A majority of the members of the Development 
        Committee shall constitute a quorum, except that the Development 
        Committee may not conduct any business prior to the appointment 
        of all of its members.

    (d) No Compensation for Service.--Members of the Development 
Committee shall not receive any compensation for their service, but 
shall be paid travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies

[[Page 116 STAT. 1683]]

under subchapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the performance 
of services for the Development Committee.
    (e) Technical Support From National Institute of Standards and 
Technology.--
            (1) In general.--At the request of the Development 
        Committee, the Director of the National Institute of Standards 
        and Technology shall provide the Development Committee with 
        technical support necessary for the Development Committee to 
        carry out its duties under this subtitle.
            (2) Technical support.--The technical support provided under 
        paragraph (1) shall include intramural research and development 
        in areas to support the development of the voluntary voting 
        system guidelines under this part, including--
                    (A) the security of computers, computer networks, 
                and computer data storage used in voting systems, 
                including the computerized list required under section 
                303(a);
                    (B) methods to detect and prevent fraud;
                    (C) the protection of voter privacy;
                    (D) the role of human factors in the design and 
                application of voting systems, including assistive 
                technologies for individuals with disabilities 
                (including blindness) and varying levels of literacy; 
                and
                    (E) remote access voting, including voting through 
                the Internet.
            (3) No private sector intellectual property rights in 
        guidelines.--No private sector individual or entity shall obtain 
        any intellectual property rights to any guideline or the 
        contents of any guideline (or any modification to any guideline) 
        adopted by the Commission under this Act.

    (f) Publication of Recommendations in Federal Register.--At the time 
the Commission adopts any voluntary voting system guideline pursuant to 
section 222, the Development Committee shall cause to have published in 
the Federal Register the recommendations it provided under this section 
to the Executive Director of the Commission concerning the guideline 
adopted.

SEC. 222. <<NOTE: 42 USC 15362.>> PROCESS FOR ADOPTION.

    (a) <<NOTE: Federal Register, publication.>>  General Requirement 
for Notice and Comment.--Consistent with the requirements of this 
section, the final adoption of the voluntary voting system guidelines 
(or modification of such a guideline) shall be carried out by the 
Commission in a manner that provides for each of the following:
            (1) Publication of notice of the proposed guidelines in the 
        Federal Register.
            (2) An opportunity for public comment on the proposed 
        guidelines.
            (3) An opportunity for a public hearing on the record.
            (4) Publication of the final guidelines in the Federal 
        Register.

    (b) Consideration of Recommendations of Development Committee; 
Submission of Proposed Guidelines to Board of Advisors and Standards 
Board.--
            (1) Consideration of recommendations of development 
        committee.--In developing the voluntary voting system guidelines 
        and modifications of such guidelines under this section,

[[Page 116 STAT. 1684]]

        the Executive Director of the Commission shall take into 
        consideration the recommendations provided by the Technical 
        Guidelines Development Committee under section 221.
            (2) Board of advisors.--The Executive Director of the 
        Commission shall submit the guidelines proposed to be adopted 
        under this part (or any modifications to such guidelines) to the 
        Board of Advisors.
            (3) Standards board.--The Executive Director of the 
        Commission shall submit the guidelines proposed to be adopted 
        under this part (or any modifications to such guidelines) to the 
        Executive Board of the Standards Board, which shall review the 
        guidelines (or modifications) and forward its recommendations to 
        the Standards Board.

    (c) Review.--Upon receipt of voluntary voting system guidelines 
described in subsection (b) (or a modification of such guidelines) from 
the Executive Director of the Commission, the Board of Advisors and the 
Standards Board shall each review and submit comments and 
recommendations regarding the guideline (or modification) to the 
Commission.
    (d) Final Adoption.--
            (1) In general.--A voluntary voting system guideline 
        described in subsection (b) (or modification of such a 
        guideline) shall not be considered to be finally adopted by the 
        Commission unless the Commission votes to approve the final 
        adoption of the guideline (or modification), taking into 
        consideration the comments and recommendations submitted by the 
        Board of Advisors and the Standards Board under subsection (c).
            (2) Minimum period for consideration of comments and 
        recommendations.--The Commission may not vote on the final 
        adoption of a guideline described in subsection (b) (or 
        modification of such a guideline) until the expiration of the 
        90-day period which begins on the date the Executive Director of 
        the Commission submits the proposed guideline (or modification) 
        to the Board of Advisors and the Standards Board under 
        subsection (b).

    (e) Special Rule for Initial Set of Guidelines.--Notwithstanding any 
other provision of this part, the most recent set of voting system 
standards adopted by the Federal Election Commission prior to the date 
of the enactment of this Act shall be deemed to have been adopted by the 
Commission as of the date of the enactment of this Act as the first set 
of voluntary voting system guidelines adopted under this part.

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

SEC. 231. <<NOTE: 42 USC 15371.>> 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.

[[Page 116 STAT. 1685]]

            (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 <<NOTE: Deadline. Records.>> later than 6 
        months after the Commission first adopts voluntary voting system 
        guidelines under part 3 of subtitle A, the Director of the 
        National Institute of Standards and Technology shall conduct an 
        evaluation of independent, non-Federal laboratories and shall 
        submit to the Commission a list of those laboratories the 
        Director proposes to be accredited to carry out the testing, 
        certification, decertification, and recertification provided for 
        under this section.
            (2) Approval by commission.--
                    (A) In general.--The Commission shall vote on the 
                accreditation of any laboratory under this section, 
                taking into consideration the list submitted under 
                paragraph (1), and no laboratory may be accredited for 
                purposes of this section unless its accreditation is 
                approved by a vote of the Commission.
                    (B) Accreditation laboratories not on director 
                list.-- <<NOTE: Publication.>> The Commission shall 
                publish an explanation for the accreditation of any 
                laboratory not included on the list submitted by the 
                Director of the National Institute of Standards and 
                Technology under paragraph (1).

    (c) Continuing Review by National Institute of Standards and 
Technology.--
            (1) In general.--In cooperation with the Commission and in 
        consultation with the Standards Board and the Board of Advisors, 
        the Director of the National Institute of Standards and 
        Technology shall monitor and review, on an ongoing basis, the 
        performance of the laboratories accredited by the Commission 
        under this section, and shall make such recommendations to the 
        Commission as it considers appropriate with respect to the 
        continuing accreditation of such laboratories, including 
        recommendations to revoke the accreditation of any such 
        laboratory.
            (2) Approval by commission required for revocation.--The 
        accreditation of a laboratory for purposes of this section may 
        not be revoked unless the revocation is approved by a vote of 
        the Commission.

    (d) Transition.--Until such time as the Commission provides for the 
testing, certification, decertification, and recertification of voting 
system hardware and software by accredited laboratories under this 
section, the accreditation of laboratories and the procedure for the 
testing, certification, decertification, and recertification of voting 
system hardware and software used as of the date of the enactment of 
this Act shall remain in effect.

[[Page 116 STAT. 1686]]

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

SEC. 241. <<NOTE: 42 USC 15381.>> PERIODIC STUDIES OF ELECTION 
            ADMINISTRATION ISSUES.

    (a) <<NOTE: Public information.>>  In General.--On such periodic 
basis as the Commission may determine, the Commission shall conduct and 
make available to the public studies regarding the election 
administration issues described in subsection (b), with the goal of 
promoting methods of voting and administering elections which--
            (1) will be the most convenient, accessible, and easy to use 
        for voters, including members of the uniformed services and 
        overseas voters, individuals with disabilities, including the 
        blind and visually impaired, and voters with limited proficiency 
        in the English language;
            (2) will yield the most accurate, secure, and expeditious 
        system for voting and tabulating election results;
            (3) will be nondiscriminatory and afford each registered and 
        eligible voter an equal opportunity to vote and to have that 
        vote counted; and
            (4) will be efficient and cost-effective for use.

    (b) Election Administration Issues Described.--For purposes of 
subsection (a), the election administration issues described in this 
subsection are as follows:
            (1) Methods and mechanisms of election technology and voting 
        systems used in voting and counting votes in elections for 
        Federal office, including the over-vote and under-vote 
        notification capabilities of such technology and systems.
            (2) Ballot designs for elections for Federal office.
            (3) Methods of voter registration, maintaining secure and 
        accurate lists of registered voters (including the establishment 
        of a centralized, interactive, statewide voter registration list 
        linked to relevant agencies and all polling sites), and ensuring 
        that registered voters appear on the voter registration list at 
        the appropriate polling site.
            (4) Methods of conducting provisional voting.
            (5) Methods of ensuring the accessibility of voting, 
        registration, polling places, and voting equipment to all 
        voters, including individuals with disabilities (including the 
        blind and visually impaired), Native American or Alaska Native 
        citizens, and voters with limited proficiency in the English 
        language.
            (6) Nationwide statistics and methods of identifying, 
        deterring, and investigating voting fraud in elections for 
        Federal office.
            (7) Identifying, deterring, and investigating methods of 
        voter intimidation.
            (8) Methods of recruiting, training, and improving the 
        performance of poll workers.
            (9) Methods of educating voters about the process of 
        registering to vote and voting, the operation of voting 
        mechanisms, the location of polling places, and all other 
        aspects of participating in elections.
            (10) The feasibility and advisability of conducting 
        elections for Federal office on different days, at different 
        places, and

[[Page 116 STAT. 1687]]

        during different hours, including the advisability of 
        establishing a uniform poll closing time and establishing--
                    (A) a legal public holiday under section 6103 of 
                title 5, United States Code, as the date on which 
                general elections for Federal office are held;
                    (B) the Tuesday next after the 1st Monday in 
                November, in every even numbered year, as a legal public 
                holiday under such section;
                    (C) a date other than the Tuesday next after the 1st 
                Monday in November, in every even numbered year as the 
                date on which general elections for Federal office are 
                held; and
                    (D) any date described in subparagraph (C) as a 
                legal public holiday under such section.
            (11) Federal and State laws governing the eligibility of 
        persons to vote.
            (12) Ways that the Federal Government can best assist State 
        and local authorities to improve the administration of elections 
        for Federal office and what levels of funding would be necessary 
        to provide such assistance.
            (13)(A) The laws and procedures used by each State that 
        govern--
                    (i) recounts of ballots cast in elections for 
                Federal office;
                    (ii) contests of determinations regarding whether 
                votes are counted in such elections; and
                    (iii) standards that define what will constitute a 
                vote on each type of voting equipment used in the State 
                to conduct elections for Federal office.
            (B) The best practices (as identified by the Commission) 
        that are used by States with respect to the recounts and 
        contests described in clause (i).
            (C) Whether or not there is a need for more consistency 
        among State recount and contest procedures used with respect to 
        elections for Federal office.
            (14) The technical feasibility of providing voting materials 
        in eight or more languages for voters who speak those languages 
        and who have limited English proficiency.
            (15) Matters particularly relevant to voting and 
        administering elections in rural and urban areas.
            (16) Methods of voter registration for members of the 
        uniformed services and overseas voters, and methods of ensuring 
        that such voters receive timely ballots that will be properly 
        and expeditiously handled and counted.
            (17) The best methods for establishing voting system 
        performance benchmarks, expressed as a percentage of residual 
        vote in the Federal contest at the top of the ballot.
            (18) Broadcasting practices that may result in the broadcast 
        of false information concerning the location or time of 
        operation of a polling place.
            (19) Such other matters as the Commission determines are 
        appropriate.

    (c) Reports.--The Commission shall submit to the President and to 
the Committee on House Administration of the House of Representatives 
and the Committee on Rules and Administration of the Senate a report on 
each study conducted under subsection (a) together with such 
recommendations for administrative and legislative action as the 
Commission determines is appropriate.

[[Page 116 STAT. 1688]]

SEC. 242. <<NOTE: 42 USC 15382.>> STUDY, REPORT, AND RECOMMENDATIONS ON 
            BEST PRACTICES FOR FACILITATING MILITARY AND OVERSEAS 
            VOTING.

    (a) Study.--
            (1) In general.--The Commission, in consultation with the 
        Secretary of Defense, shall conduct a study on the best 
        practices for facilitating voting by absent uniformed services 
        voters (as defined in section 107(1) of the Uniformed and 
        Overseas Citizens Absentee Voting Act) and overseas voters (as 
        defined in section 107(5) of such Act).
            (2) Issues considered.--In conducting the study under 
        paragraph (1) the Commission shall consider the following 
        issues:
                    (A) The rights of residence of uniformed services 
                voters absent due to military orders.
                    (B) The rights of absent uniformed services voters 
                and overseas voters to register to vote and cast 
                absentee ballots, including the right of such voters to 
                cast a secret ballot.
                    (C) The rights of absent uniformed services voters 
                and overseas voters to submit absentee ballot 
                applications early during an election year.
                    (D) The appropriate preelection deadline for mailing 
                absentee ballots to absent uniformed services voters and 
                overseas voters.
                    (E) The appropriate minimum period between the 
                mailing of absentee ballots to absent uniformed services 
                voters and overseas voters and the deadline for receipt 
                of such ballots.
                    (F) The timely transmission of balloting materials 
                to absent uniformed services voters and overseas voters.
                    (G) Security and privacy concerns in the 
                transmission, receipt, and processing of ballots from 
                absent uniformed services voters and overseas voters, 
                including the need to protect against fraud.
                    (H) The use of a single application by absent 
                uniformed services voters and overseas voters for 
                absentee ballots for all Federal elections occurring 
                during a year.
                    (I) The use of a single application for voter 
                registration and absentee ballots by absent uniformed 
                services voters and overseas voters.
                    (J) The use of facsimile machines and electronic 
                means of transmission of absentee ballot applications 
                and absentee ballots to absent uniformed services voters 
                and overseas voters.
                    (K) Other issues related to the rights of absent 
                uniformed services voters and overseas voters to 
                participate in elections.

    (b) <<NOTE: Deadline.>>  Report and Recommendations.--Not later than 
the date that is 18 months after the date of the enactment of this Act, 
the Commission shall submit to the President and Congress a report on 
the study conducted under subsection (a)(1) together with 
recommendations identifying the best practices used with respect to the 
issues considered under subsection (a)(2).

SEC. 243. <<NOTE: 42 USC 15383.>> REPORT ON HUMAN FACTOR RESEARCH.

    Not <<NOTE: Deadline.>> later than 1 year after the date of the 
enactment of this Act, the Commission, in consultation with the Director 
of the

[[Page 116 STAT. 1689]]

National Institute of Standards and Technology, shall submit a report to 
Congress which assesses the areas of human factor research, including 
usability engineering and human-computer and human-machine interaction, 
which feasibly could be applied to voting products and systems design to 
ensure the usability and accuracy of voting products and systems, 
including methods to improve access for individuals with disabilities 
(including blindness) and individuals with limited proficiency in the 
English language and to reduce voter error and the number of spoiled 
ballots in elections.

SEC. 244. <<NOTE: 42 USC 15384.>> STUDY AND REPORT ON VOTERS WHO 
            REGISTER BY MAIL AND USE OF SOCIAL SECURITY INFORMATION.

    (a) Registration by Mail.--
            (1) Study.--
                    (A) In general.--The Commission shall conduct a 
                study of the impact of section 303(b) on voters who 
                register by mail.
                    (B) Specific issues studied.--The study conducted 
                under subparagraph (A) shall include--
                          (i) an examination of the impact of section 
                      303(b) on first time mail registrant voters who 
                      vote in person, including the impact of such 
                      section on voter registration;
                          (ii) an examination of the impact of such 
                      section on the accuracy of voter rolls, including 
                      preventing ineligible names from being placed on 
                      voter rolls and ensuring that all eligible names 
                      are placed on voter rolls; and
                          (iii) an analysis of the impact of such 
                      section on existing State practices, such as the 
                      use of signature verification or attestation 
                      procedures to verify the identity of voters in 
                      elections for Federal office, and an analysis of 
                      other changes that may be made to improve the 
                      voter registration process, such as verification 
                      or additional information on the registration 
                      card.
            (2) <<NOTE: Deadline.>>  Report.--Not later than 18 months 
        after the date on which section 303(b)(2) takes effect, the 
        Commission shall submit a report to the President and Congress 
        on the study conducted under paragraph (1)(A) together with such 
        recommendations for administrative and legislative action as the 
        Commission determines is appropriate.

    (b) <<NOTE: Deadline.>>  Use of Social Security Information.--Not 
later than 18 months after the date on which section 303(a)(5) takes 
effect, the Commission, in consultation with the Commissioner of Social 
Security, shall study and report to Congress on the feasibility and 
advisability of using Social Security identification numbers or other 
information compiled by the Social Security Administration to establish 
voter registration or other election law eligibility or identification 
requirements, including the matching of relevant information specific to 
an individual voter, the impact of such use on national security issues, 
and whether adequate safeguards or waiver procedures exist to protect 
the privacy of an individual voter.

[[Page 116 STAT. 1690]]

SEC. 245. <<NOTE: 42 USC 15385.>> STUDY AND REPORT ON ELECTRONIC VOTING 
            AND THE ELECTORAL PROCESS.

    (a) Study.--
            (1) In general.--The Commission shall conduct a thorough 
        study of issues and challenges, specifically to include the 
        potential for election fraud, presented by incorporating 
        communications and Internet technologies in the Federal, State, 
        and local electoral process.
            (2) Issues to be studied.--The Commission may include in the 
        study conducted under paragraph (1) an examination of--
                    (A) the appropriate security measures required and 
                minimum standards for certification of systems or 
                technologies in order to minimize the potential for 
                fraud in voting or in the registration of qualified 
                citizens to register and vote;
                    (B) the possible methods, such as Internet or other 
                communications technologies, that may be utilized in the 
                electoral process, including the use of those 
                technologies to register voters and enable citizens to 
                vote online, and recommendations concerning statutes and 
                rules to be adopted in order to implement an online or 
                Internet system in the electoral process;
                    (C) the impact that new communications or Internet 
                technology systems for use in the electoral process 
                could have on voter participation rates, voter 
                education, public accessibility, potential external 
                influences during the elections process, voter privacy 
                and anonymity, and other issues related to the conduct 
                and administration of elections;
                    (D) whether other aspects of the electoral process, 
                such as public availability of candidate information and 
                citizen communication with candidates, could benefit 
                from the increased use of online or Internet 
                technologies;
                    (E) the requirements for authorization of 
                collection, storage, and processing of electronically 
                generated and transmitted digital messages to permit any 
                eligible person to register to vote or vote in an 
                election, including applying for and casting an absentee 
                ballot;
                    (F) the implementation cost of an online or Internet 
                voting or voter registration system and the costs of 
                elections after implementation (including a comparison 
                of total cost savings for the administration of the 
                electoral process by using Internet technologies or 
                systems);
                    (G) identification of current and foreseeable online 
                and Internet technologies for use in the registration of 
                voters, for voting, or for the purpose of reducing 
                election fraud, currently available or in use by 
                election authorities;
                    (H) the means by which to ensure and achieve equity 
                of access to online or Internet voting or voter 
                registration systems and address the fairness of such 
                systems to all citizens; and
                    (I) the impact of technology on the speed, 
                timeliness, and accuracy of vote counts in Federal, 
                State, and local elections.

    (b) Report.--

[[Page 116 STAT. 1691]]

            (1) <<NOTE: Deadline.>>  Submission.--Not later than 20 
        months after the date of the enactment of this Act, the 
        Commission shall transmit to the Committee on House 
        Administration of the House of Representatives and the Committee 
        on Rules and Administration of the Senate a report on the 
        results of the study conducted under subsection (a), including 
        such legislative recommendations or model State laws as are 
        required to address the findings of the Commission.
            (2) Internet posting.--In addition to the dissemination 
        requirements under chapter 19 of title 44, United States Code, 
        the Election Administration Commission shall post the report 
        transmitted under paragraph (1) on an Internet website.

SEC. 246. <<NOTE: 42 USC 15386.>> STUDY AND REPORT ON FREE ABSENTEE 
            BALLOT POSTAGE.

    (a) Study on the Establishment of a Free Absentee Ballot Postage 
Program.--
            (1) In general.--The Commission, in consultation with the 
        Postal Service, shall conduct a study on the feasibility and 
        advisability of the establishment of a program under which the 
        Postal Service shall waive or otherwise reduce the amount of 
        postage applicable with respect to absentee ballots submitted by 
        voters in general elections for Federal office (other than 
        balloting materials mailed under section 3406 of title 39, 
        United States Code) that does not apply with respect to the 
        postage required to send the absentee ballots to voters.
            (2) Public survey.--As part of the study conducted under 
        paragraph (1), the Commission shall conduct a survey of 
        potential beneficiaries under the program described in such 
        paragraph, including the elderly and disabled, and shall take 
        into account the results of such survey in determining the 
        feasibility and advisability of establishing such a program.

    (b) Report.--
            (1) <<NOTE: Deadline.>>  Submission.--Not later than the 
        date that is 1 year after the date of the enactment of this Act, 
        the Commission shall submit to Congress a report on the study 
        conducted under subsection (a)(1) together with recommendations 
        for such legislative and administrative action as the Commission 
        determines appropriate.
            (2) Costs.--The report submitted under paragraph (1) shall 
        contain an estimate of the costs of establishing the program 
        described in subsection (a)(1).
            (3) Implementation.--The report submitted under paragraph 
        (1) shall contain an analysis of the feasibility of implementing 
        the program described in subsection (a)(1) with respect to the 
        absentee ballots to be submitted in the general election for 
        Federal office held in 2004.
            (4) Recommendations regarding the elderly and disabled.--The 
        report submitted under paragraph (1) shall--
                    (A) include recommendations on ways that program 
                described in subsection (a)(1) would target elderly 
                individuals and individuals with disabilities; and
                    (B) identify methods to increase the number of such 
                individuals who vote in elections for Federal office.

    (c) Postal Service Defined.--The term ``Postal Service'' means the 
United States Postal Service established under section 201 of title 39, 
United States Code.

[[Page 116 STAT. 1692]]

SEC. 247. <<NOTE: 42 USC 15387.>> CONSULTATION WITH STANDARDS BOARD AND 
            BOARD OF ADVISORS.

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

                     Subtitle D--Election Assistance

                      PART 1--REQUIREMENTS PAYMENTS

SEC. 251. <<NOTE: 42 USC 15401.>> REQUIREMENTS PAYMENTS.

    (a) In General.--The Commission shall make a requirements payment 
each year in an amount determined under section 252 to each State which 
meets the conditions described in section 253 for the year.
    (b) Use of Funds.--
            (1) In general.--Except as provided in paragraph (2), a 
        State receiving a requirements payment shall use the payment 
        only to meet the requirements of title III.
            (2) Other activities.--A State may use a requirements 
        payment to carry out other activities to improve the 
        administration of elections for Federal office if the State 
        certifies to the Commission that--
                    (A) the State has implemented the requirements of 
                title III; or
                    (B) the amount expended with respect to such other 
                activities does not exceed an amount equal to the 
                minimum payment amount applicable to the State under 
                section 252(c).

    (c) Retroactive Payments.--
            (1) In general.--Notwithstanding any other provision of this 
        subtitle, including the maintenance of effort requirements of 
        section 254(a)(7), a State may use a requirements payment as a 
        reimbursement for costs incurred in obtaining voting equipment 
        which meets the requirements of section 301 if the State obtains 
        the equipment after the regularly scheduled general election for 
        Federal office held in November 2000.
            (2) Special rule regarding multiyear contracts.--A State may 
        use a requirements payment for any costs for voting equipment 
        which meets the requirements of section 301 that, pursuant to a 
        multiyear contract, were incurred on or after January 1, 2001, 
        except that the amount that the State is otherwise required to 
        contribute under the maintenance of effort requirements of 
        section 254(a)(7) shall be increased by the amount of the 
        payment made with respect to such multiyear contract.

    (d) Adoption of Commission Guidelines and Guidance Not Required To 
Receive Payment.--Nothing in this part may be construed to require a 
State to implement any of the voluntary voting system guidelines or any 
of the voluntary guidance adopted by the Commission with respect to any 
matter as a condition for receiving a requirements payment.
    (e) Schedule of Payments.--As soon as practicable after the initial 
appointment of all members of the Commission (but in no event later than 
6 months thereafter), and not less frequently than once each calendar 
year thereafter, the Commission shall make requirements payments to 
States under this part.

[[Page 116 STAT. 1693]]

    (f) Limitation.--A State may not use any portion of a requirements 
payment--
            (1) to pay costs associated with any litigation, except to 
        the extent that such costs otherwise constitute permitted uses 
        of a requirements payment under this part; or
            (2) for the payment of any judgment.

SEC. 252. <<NOTE: 42 USC 15402.>> ALLOCATION OF FUNDS.

    (a) In General.--Subject to subsection (c), the amount of a 
requirements payment made to a State for a year shall be equal to the 
product of--
            (1) the total amount appropriated for requirements payments 
        for the year pursuant to the authorization under section 257; 
        and
            (2) the State allocation percentage for the State (as 
        determined under subsection (b)).

    (b) State Allocation Percentage Defined.--The ``State allocation 
percentage'' for a State is the amount (expressed as a percentage) equal 
to the quotient of--
            (1) the voting age population of the State (as reported in 
        the most recent decennial census); and
            (2) the total voting age population of all States (as 
        reported in the most recent decennial census).

    (c) Minimum Amount of Payment.--The amount of a requirements payment 
made to a State for a year may not be less than--
            (1) in the case of any of the several States or the District 
        of Columbia, one-half of 1 percent of the total amount 
        appropriated for requirements payments for the year under 
        section 257; or
            (2) in the case of the Commonwealth of Puerto Rico, Guam, 
        American Samoa, or the United States Virgin Islands, one-tenth 
        of 1 percent of such total amount.

    (d) Pro Rata Reductions.--The Administrator shall make such pro rata 
reductions to the allocations determined under subsection (a) as are 
necessary to comply with the requirements of subsection (c).
    (e) Continuing Availability of Funds After Appropriation.--A 
requirements payment made to a State under this part shall be available 
to the State without fiscal year limitation.

SEC. 253. <<NOTE: 42 USC 15403.>> CONDITION FOR RECEIPT OF FUNDS.

    (a) In General.--A State is eligible to receive a requirements 
payment for a fiscal year if the chief executive officer of the State, 
or designee, in consultation and coordination with the chief State 
election official, has filed with the Commission a statement certifying 
that the State is in compliance with the requirements referred to in 
subsection (b). A State may meet the requirement of the previous 
sentence by filing with the Commission a statement which reads as 
follows: ``____________ hereby certifies that it is in compliance with 
the requirements referred to in section 253(b) of the Help America Vote 
Act of 2002.'' (with the blank to be filled in with the name of the 
State involved).
    (b) State Plan Requirement; Certification of Compliance With 
Applicable Laws and Requirements.--The requirements referred to in this 
subsection are as follows:
            (1) The State has filed with the Commission a State plan 
        covering the fiscal year which the State certifies--

[[Page 116 STAT. 1694]]

                    (A) contains each of the elements described in 
                section 254 with respect to the fiscal year;
                    (B) is developed in accordance with section 255; and
                    (C) meets the public notice and comment requirements 
                of section 256.
            (2) The State has filed with the Commission a plan for the 
        implementation of the uniform, nondiscriminatory administrative 
        complaint procedures required under section 402 (or has included 
        such a plan in the State plan filed under paragraph (1)), and 
        has such procedures in place for purposes of meeting the 
        requirements of such section. <<NOTE: Applicability.>>  If the 
        State does not include such an implementation plan in the State 
        plan filed under paragraph (1), the requirements of sections 
        255(b) and 256 shall apply to the implementation plan in the 
        same manner as such requirements apply to the State plan.
            (3) <<NOTE: Applicability.>>  The State is in compliance 
        with each of the laws described in section 906, as such laws 
        apply with respect to this Act.
            (4) To the extent that any portion of the requirements 
        payment is used for activities other than meeting the 
        requirements of title III--
                    (A) the State's proposed uses of the requirements 
                payment are not inconsistent with the requirements of 
                title III; and
                    (B) the use of the funds under this paragraph is 
                consistent with the requirements of section 251(b).
            (5) The State has appropriated funds for carrying out the 
        activities for which the requirements payment is made in an 
        amount equal to 5 percent of the total amount to be spent for 
        such activities (taking into account the requirements payment 
        and the amount spent by the State) and, in the case of a State 
        that uses a requirements payment as a reimbursement under 
        section 251(c)(2), an additional amount equal to the amount of 
        such reimbursement.

    (c) Methods of Compliance Left to Discretion of State.--The specific 
choices on the methods of complying with the elements of a State plan 
shall be left to the discretion of the State.
    (d) Timing for Filing of Certification.--A State may not file a 
statement of certification under subsection (a) until the expiration of 
the 45-day period (or, in the case of a fiscal year other than the first 
fiscal year for which a requirements payment is made to the State under 
this subtitle, the 30-day period) which begins on the date the State 
plan under this subtitle is published in the Federal Register pursuant 
to section 255(b).
    (e) Chief State Election Official Defined.--In this subtitle, the 
``chief State election official'' of a State is the individual 
designated by the State under section 10 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for 
coordination of the State's responsibilities under such Act.

SEC. 254. <<NOTE: 42 USC 15404.>> STATE PLAN.

    (a) In General.--The State plan shall contain a description of each 
of the following:
            (1) How the State will use the requirements payment to meet 
        the requirements of title III, and, if applicable under section 
        251(a)(2), to carry out other activities to improve the 
        administration of elections.

[[Page 116 STAT. 1695]]

            (2) How the State will distribute and monitor the 
        distribution of the requirements payment to units of local 
        government or other entities in the State for carrying out the 
        activities described in paragraph (1), including a description 
        of--
                    (A) the criteria to be used to determine the 
                eligibility of such units or entities for receiving the 
                payment; and
                    (B) the methods to be used by the State to monitor 
                the performance of the units or entities to whom the 
                payment is distributed, consistent with the performance 
                goals and measures adopted under paragraph (8).
            (3) How the State will provide for programs for voter 
        education, election official education and training, and poll 
        worker training which will assist the State in meeting the 
        requirements of title III.
            (4) How the State will adopt voting system guidelines and 
        processes which are consistent with the requirements of section 
        301.
            (5) How the State will establish a fund described in 
        subsection (b) for purposes of administering the State's 
        activities under this part, including information on fund 
        management.
            (6) The State's proposed budget for activities under this 
        part, based on the State's best estimates of the costs of such 
        activities and the amount of funds to be made available, 
        including specific information on--
                    (A) the costs of the activities required to be 
                carried out to meet the requirements of title III;
                    (B) the portion of the requirements payment which 
                will be used to carry out activities to meet such 
                requirements; and
                    (C) the portion of the requirements payment which 
                will be used to carry out other activities.
            (7) How the State, in using the requirements payment, will 
        maintain the expenditures of the State for activities funded by 
        the payment at a level that is not less than the level of such 
        expenditures maintained by the State for the fiscal year ending 
        prior to November 2000.
            (8) How the State will adopt performance goals and measures 
        that will be used by the State to determine its success and the 
        success of units of local government in the State in carrying 
        out the plan, including timetables for meeting each of the 
        elements of the plan, descriptions of the criteria the State 
        will use to measure performance and the process used to develop 
        such criteria, and a description of which official is to be held 
        responsible for ensuring that each performance goal is met.
            (9) A description of the uniform, nondiscriminatory State-
        based administrative complaint procedures in effect under 
        section 402.
            (10) If the State received any payment under title I, a 
        description of how such payment will affect the activities 
        proposed to be carried out under the plan, including the amount 
        of funds available for such activities.
            (11) How the State will conduct ongoing management of the 
        plan, except that the State may not make any material change in 
        the administration of the plan unless the change--

[[Page 116 STAT. 1696]]

                    (A) is developed and published in the Federal 
                Register in accordance with section 255 in the same 
                manner as the State plan;
                    (B) is subject to public notice and comment in 
                accordance with section 256 in the same manner as the 
                State plan; and
                    (C) takes effect only after the expiration of the 
                30-day period which begins on the date the change is 
                published in the Federal Register in accordance with 
                subparagraph (A).
            (12) In the case of a State with a State plan in effect 
        under this subtitle during the previous fiscal year, a 
        description of how the plan reflects changes from the State plan 
        for the previous fiscal year and of how the State succeeded in 
        carrying out the State plan for such previous fiscal year.
            (13) A description of the committee which participated in 
        the development of the State plan in accordance with section 255 
        and the procedures followed by the committee under such section 
        and section 256.

    (b) Requirements for Election Fund.--
            (1) Election fund described.--For purposes of subsection 
        (a)(5), a fund described in this subsection with respect to a 
        State is a fund which is established in the treasury of the 
        State government, which is used in accordance with paragraph 
        (2), and which consists of the following amounts:
                    (A) Amounts appropriated or otherwise made available 
                by the State for carrying out the activities for which 
                the requirements payment is made to the State under this 
                part.
                    (B) The requirements payment made to the State under 
                this part.
                    (C) Such other amounts as may be appropriated under 
                law.
                    (D) Interest earned on deposits of the fund.
            (2) Use of fund.--Amounts in the fund shall be used by the 
        State exclusively to carry out the activities for which the 
        requirements payment is made to the State under this part.
            (3) Treatment of states that require changes to state law.--
        In the case of a State that requires State legislation to 
        establish the fund described in this subsection, the Commission 
        shall defer disbursement of the requirements payment to such 
        State until such time as legislation establishing the fund is 
        enacted.

    (c) Protection Against Actions Based on Information in Plan.--
            (1) In general.--No action may be brought under this Act 
        against a State or other jurisdiction on the basis of any 
        information contained in the State plan filed under this part.
            (2) Exception for criminal acts.--Paragraph (1) may not be 
        construed to limit the liability of a State or other 
        jurisdiction for criminal acts or omissions.

[[Page 116 STAT. 1697]]

SEC. 255. <<NOTE: 42 USC 15405.>> PROCESS FOR DEVELOPMENT AND FILING OF 
            PLAN; PUBLICATION BY COMMISSION.

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

SEC. 256. <<NOTE: 42 USC 15406.>> REQUIREMENT FOR PUBLIC NOTICE AND 
            COMMENT.

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

SEC. 257. <<NOTE: 42 USC 15407.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to amounts transferred under section 
104(c), there are authorized to be appropriated for requirements 
payments under this part the following amounts:
            (1) For fiscal year 2003, $1,400,000,000.
            (2) For fiscal year 2004, $1,000,000,000.
            (3) For fiscal year 2005, $600,000,000.

    (b) Availability.--Any amounts appropriated pursuant to the 
authority of subsection (a) shall remain available without fiscal year 
limitation until expended.

SEC. 258. <<NOTE: 42 USC 15408.>> REPORTS.

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

[[Page 116 STAT. 1698]]

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

SEC. 261. <<NOTE: 42 USC 15421.>> PAYMENTS TO STATES AND UNITS OF LOCAL 
            GOVERNMENT TO ASSURE ACCESS FOR INDIVIDUALS WITH 
            DISABILITIES.

    (a) In General.--The Secretary of Health and Human Services shall 
make a payment to each eligible State and each eligible unit of local 
government (as described in section 263).
    (b) Use of Funds.--An eligible State and eligible unit of local 
government shall use the payment received under this part for--
            (1) making polling places, including the path of travel, 
        entrances, exits, and voting areas of each polling facility, 
        accessible to individuals with disabilities, including the blind 
        and visually impaired, in a manner that provides the same 
        opportunity for access and participation (including privacy and 
        independence) as for other voters; and
            (2) providing individuals with disabilities and the other 
        individuals described in paragraph (1) with information about 
        the accessibility of polling places, including outreach programs 
        to inform the individuals about the availability of accessible 
        polling places and training election officials, poll workers, 
        and election volunteers on how best to promote the access and 
        participation of individuals with disabilities in elections for 
        Federal office.

    (c) Schedule of Payments.--As soon as practicable after the date of 
the enactment of this Act (but in no event later than 6 months 
thereafter), and not less frequently than once each calendar year 
thereafter, the Secretary shall make payments under this part.

SEC. 262. <<NOTE: 42 USC 15422.>> AMOUNT OF PAYMENT.

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

SEC. 263. <<NOTE: 42 USC 15423.>> REQUIREMENTS FOR ELIGIBILITY.

    (a) Application.--Each State or unit of local government that 
desires to receive a payment under this part for a fiscal year shall 
submit an application for the payment to the Secretary at such time and 
in such manner and containing such information as the Secretary shall 
require.
    (b) Contents of Application.--Each application submitted under 
subsection (a) shall--
            (1) describe the activities for which assistance under this 
        section is sought; and
            (2) provide such additional information and certifications 
        as the Secretary determines to be essential to ensure compliance 
        with the requirements of this part.

    (c) Protection Against Actions Based on Information in 
Application.--

[[Page 116 STAT. 1699]]

            (1) In general.--No action may be brought under this Act 
        against a State or unit of local government on the basis of any 
        information contained in the application submitted under 
        subsection (a).
            (2) Exception for criminal acts.--Paragraph (1) may not be 
        construed to limit the liability of a State or unit of local 
        government for criminal acts or omissions.

SEC. 264. <<NOTE: 42 USC 15424.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out the provisions of this part the following amounts:
            (1) For fiscal year 2003, $50,000,000.
            (2) For fiscal year 2004, $25,000,000.
            (3) For fiscal year 2005, $25,000,000.

    (b) Availability.--Any amounts appropriated pursuant to the 
authority of subsection (a) shall remain available without fiscal year 
limitation until expended.

SEC. 265. <<NOTE: 42 USC 15425.>> REPORTS.

    (a) Reports by <<NOTE: Deadline.>> Recipients.--Not later than the 6 
months after the end of each fiscal year for which an eligible State or 
eligible unit of local government received a payment under this part, 
the State or unit shall submit a report to the Secretary on the 
activities conducted with the funds provided during the year, and shall 
include in the report a list of expenditures made with respect to each 
category of activities described in section 261(b).

    (b) Report by Secretary to Committees.--With respect to each fiscal 
year for which the Secretary makes payments under this part, the 
Secretary shall submit a report on the activities carried out under this 
part to the Committee on House Administration of the House of 
Representatives and the Committee on Rules and Administration of the 
Senate.

      PART 3--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

SEC. 271. <<NOTE: 42 USC 15441.>> GRANTS FOR RESEARCH ON VOTING 
            TECHNOLOGY IMPROVEMENTS.

    (a) In General.--The Commission shall make grants to assist entities 
in carrying out research and development to improve the quality, 
reliability, accuracy, accessibility, affordability, and security of 
voting equipment, election systems, and voting technology.
    (b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Commission (at such time and in such form 
as the Commission may require) an application containing--
            (1) certifications that the research and development funded 
        with the grant will take into account the need to make voting 
        equipment fully accessible for individuals with disabilities, 
        including the blind and visually impaired, the need to ensure 
        that such individuals can vote independently and with privacy, 
        and the need to provide alternative language accessibility for 
        individuals with limited proficiency in the English language 
        (consistent with the requirements of the Voting Rights Act of 
        1965); and

[[Page 116 STAT. 1700]]

            (2) such other information and certifications as the 
        Commission may require.

    (c) Applicability of Regulations Governing Patent Rights in 
Inventions Made With Federal Assistance.--Any invention made by the 
recipient of a grant under this part using funds provided under this 
part shall be subject to chapter 18 of title 35, United States Code 
(relating to patent rights in inventions made with Federal assistance).
    (d) Recommendation of Topics for Research.--
            (1) <<NOTE: Records.>>  In general.--The Director of the 
        National Institute of Standards and Technology (hereafter in 
        this section referred to as the ``Director'') shall submit to 
        the Commission an annual list of the Director's suggestions for 
        issues which may be the subject of research funded with grants 
        awarded under this part during the year.
            (2) Review of grant applications received by commission.--
        The Commission shall submit each application it receives for a 
        grant under this part to the Director, who shall review the 
        application and provide the Commission with such comments as the 
        Director considers appropriate.
            (3) Monitoring and adjustment of grant activities at request 
        of commission.--After the Commission has awarded a grant under 
        this part, the Commission may request that the Director monitor 
        the grant, and (to the extent permitted under the terms of the 
        grant as awarded) the Director may recommend to the Commission 
        that the recipient of the grant modify and adjust the activities 
        carried out under the grant.
            (4) Evaluation of grants at request of commission.--
                    (A) In general.--In the case of a grant for which 
                the Commission submits the application to the Director 
                under paragraph (2) or requests that the Director 
                monitor the grant under paragraph (3), the Director 
                shall prepare and submit to the Commission an evaluation 
                of the grant and the activities carried out under the 
                grant.
                    (B) Inclusion in reports.--The Commission shall 
                include the evaluations submitted under subparagraph (A) 
                for a year in the report submitted for the year under 
                section 207.

    (e) Provision of Information on Projects.--The Commission may 
provide to the Technical Guidelines Development Committee under part 3 
of subtitle A such information regarding the activities funded under 
this part as the Commission deems necessary to assist the Committee in 
carrying out its duties.

SEC. 272. <<NOTE: 42 USC 15442.>> REPORT.

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

SEC. 273. <<NOTE: 42 USC 15443.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for grants 
under this part $20,000,000 for fiscal year 2003.

[[Page 116 STAT. 1701]]

    (b) Availability of Funds.--Amounts appropriated pursuant to the 
authorization under this section shall remain available, without fiscal 
year limitation, until expended.

  PART 4--PILOT <<NOTE: Grants.>> PROGRAM FOR TESTING OF EQUIPMENT AND 
TECHNOLOGY

SEC. 281. <<NOTE: 42 USC 15451.>> PILOT PROGRAM.

    (a) In General.--The Commission shall make grants to carry out pilot 
programs under which new technologies in voting systems and equipment 
are tested and implemented on a trial basis so that the results of such 
tests and trials are reported to Congress.
    (b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Commission (at such time and in such form 
as the Commission may require) an application containing--
            (1) certifications that the pilot programs funded with the 
        grant will take into account the need to make voting equipment 
        fully accessible for individuals with disabilities, including 
        the blind and visually impaired, the need to ensure that such 
        individuals can vote independently and with privacy, and the 
        need to provide alternative language accessibility for 
        individuals with limited proficiency in the English language 
        (consistent with the requirements of the Voting Rights Act of 
        1965 and the requirements of this Act); and
            (2) such other information and certifications as the 
        Commission may require.

    (c) Recommendation of Topics for Pilot Programs.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology (hereafter in this section referred to 
        as the ``Director'') shall submit to the Commission an annual 
        list of the Director's suggestions for issues which may be the 
        subject of pilot programs funded with grants awarded under this 
        part during the year.
            (2) Review of grant applications received by commission.--
        The Commission shall submit each application it receives for a 
        grant under this part to the Director, who shall review the 
        application and provide the Commission with such comments as the 
        Director considers appropriate.
            (3) Monitoring and adjustment of grant activities at request 
        of commission.--After the Commission has awarded a grant under 
        this part, the Commission may request that the Director monitor 
        the grant, and (to the extent permitted under the terms of the 
        grant as awarded) the Director may recommend to the Commission 
        that the recipient of the grant modify and adjust the activities 
        carried out under the grant.
            (4) Evaluation of grants at request of commission.--
                    (A) In general.--In the case of a grant for which 
                the Commission submits the application to the Director 
                under paragraph (2) or requests that the Director 
                monitor the grant under paragraph (3), the Director 
                shall prepare and submit to the Commission an evaluation 
                of the grant and the activities carried out under the 
                grant.
                    (B) Inclusion in reports.--The Commission shall 
                include the evaluations submitted under subparagraph (A) 
                for a year in the report submitted for the year under 
                section 207.

[[Page 116 STAT. 1702]]

    (d) Provision of Information on Projects.--The Commission may 
provide to the Technical Guidelines Development Committee under part 3 
of subtitle A such information regarding the activities funded under 
this part as the Commission deems necessary to assist the Committee in 
carrying out its duties.

SEC. 282. <<NOTE: 42 USC 15452.>> REPORT.

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

SEC. 283. <<NOTE: 42 USC 15453.>> AUTHORIZATION OF APPROPRIATIONS.

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

                 PART 5--PROTECTION AND ADVOCACY SYSTEMS

SEC. 291. <<NOTE: 42 USC 15461.>> PAYMENTS FOR PROTECTION AND ADVOCACY 
            SYSTEMS.

    (a) In General.--In addition to any other payments made under this 
subtitle, the Secretary of Health and Human Services shall pay the 
protection and advocacy system (as defined in section 102 of the 
Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 
U.S.C. 15002)) of each State to ensure full participation in the 
electoral process for individuals with disabilities, including 
registering to vote, casting a vote and accessing polling places. In 
providing such services, protection and advocacy systems shall have the 
same general authorities as they are afforded under subtitle C of title 
I of the Developmental Disabilities Assistance and Bill of Rights Act of 
2000 (42 U.S.C. 15041 et seq.).
    (b) Minimum Grant Amount.--The minimum amount of each grant to a 
protection and advocacy system shall be determined and allocated as set 
forth in subsections (c)(3), (c)(4), (c)(5), (e), and (g) of section 509 
of the Rehabilitation Act of 1973 (29 U.S.C. 794e), except that the 
amount of the grants to systems referred to in subsections (c)(3)(B) and 
(c)(4)(B) of that section shall be not less than $70,000 and $35,000, 
respectively.
    (c) Training and Technical Assistance Program.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 90 days 
        after the date on which the initial appropriation of funds for a 
        fiscal year is made pursuant to the authorization under section 
        292, the Secretary shall set aside 7 percent of the amount 
        appropriated under such section and use such portion to make 
        payments to eligible entities to provide training and technical 
        assistance with respect to the activities carried out under this 
        section.
            (2) Use of funds.--A recipient of a payment under this 
        subsection may use the payment to support training in the use of 
        voting systems and technologies, and to demonstrate and evaluate 
        the use of such systems and technologies, by individuals with 
        disabilities (including blindness) in order to

[[Page 116 STAT. 1703]]

        assess the availability and use of such systems and technologies 
        for such individuals. At least one of the recipients under this 
        subsection shall use the payment to provide training and 
        technical assistance for nonvisual access.
            (3) Eligibility.--An entity is eligible to receive a payment 
        under this subsection if the entity--
                    (A) is a public or private nonprofit entity with 
                demonstrated experience in voting issues for individuals 
                with disabilities;
                    (B) is governed by a board with respect to which the 
                majority of its members are individuals with 
                disabilities or family members of such individuals or 
                individuals who are blind; and
                    (C) submits to the Secretary an application at such 
                time, in such manner, and containing such information as 
                the Secretary may require.

SEC. 292. <<NOTE: 42 USC 15462.>> AUTHORIZATION OF APPROPRIATIONS.

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

            PART 6--NATIONAL STUDENT AND PARENT MOCK ELECTION

SEC. 295. <<NOTE: 42 USC 15471.>> NATIONAL STUDENT AND PARENT MOCK 
            ELECTION.

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

[[Page 116 STAT. 1704]]

                    (E) school and neighborhood campaigns to increase 
                voter turnout, including newsletters, posters, telephone 
                chains, and transportation.

    (b) Requirement.--The <<NOTE: Awards.>>  National Student and Parent 
Mock Election shall present awards to outstanding student and parent 
mock election projects.

SEC. 296. <<NOTE: 42 USC 15472.>> AUTHORIZATION OF APPROPRIATIONS.

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

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

                        Subtitle A--Requirements

SEC. 301. <<NOTE: 42 USC 15481.>> VOTING SYSTEMS STANDARDS.

    (a) Requirements.--Each voting system used in an election for 
Federal office shall meet the following requirements:
            (1) In general.--
                    (A) Except as provided in subparagraph (B), the 
                voting system (including any lever voting system, 
                optical scanning voting system, or direct recording 
                electronic system) shall--
                          (i) permit the voter to verify (in a private 
                      and independent manner) the votes selected by the 
                      voter on the ballot before the ballot is cast and 
                      counted;
                          (ii) provide the voter with the opportunity 
                      (in a private and independent manner) to change 
                      the ballot or correct any error before the ballot 
                      is cast and counted (including the opportunity to 
                      correct the error through the issuance of a 
                      replacement ballot if the voter was otherwise 
                      unable to change the ballot or correct any error); 
                      and
                          (iii) if the voter selects votes for more than 
                      one candidate for a single office--
                                    (I) notify the voter that the voter 
                                has selected more than one candidate for 
                                a single office on the ballot;
                                    (II) notify the voter before the 
                                ballot is cast and counted of the effect 
                                of casting multiple votes for the 
                                office; and
                                    (III) provide the voter with the 
                                opportunity to correct the ballot before 
                                the ballot is cast and counted.
                    (B) A State or jurisdiction that uses a paper ballot 
                voting system, a punch card voting system, or a central 
                count voting system (including mail-in absentee ballots 
                and mail-in ballots), may meet the requirements of 
                subparagraph (A)(iii) by--

[[Page 116 STAT. 1705]]

                          (i) establishing a voter education program 
                      specific to that voting system that notifies each 
                      voter of the effect of casting multiple votes for 
                      an office; and
                          (ii) providing the voter with instructions on 
                      how to correct the ballot before it is cast and 
                      counted (including instructions on how to correct 
                      the error through the issuance of a replacement 
                      ballot if the voter was otherwise unable to change 
                      the ballot or correct any error).
                    (C) The voting system shall ensure that any 
                notification required under this paragraph preserves the 
                privacy of the voter and the confidentiality of the 
                ballot.
            (2) Audit capacity.--
                    (A) In general.--The voting system shall produce a 
                record with an audit capacity for such system.
                    (B) Manual audit capacity.--
                          (i) The voting system shall produce a 
                      permanent paper record with a manual audit 
                      capacity for such system.
                          (ii) The voting system shall provide the voter 
                      with an opportunity to change the ballot or 
                      correct any error before the permanent paper 
                      record is produced.
                          (iii) The paper record produced under 
                      subparagraph (A) shall be available as an official 
                      record for any recount conducted with respect to 
                      any election in which the system is used.
            (3) Accessibility for individuals with disabilities.--The 
        voting system shall--
                    (A) be accessible for individuals with disabilities, 
                including nonvisual accessibility for the blind and 
                visually impaired, in a manner that provides the same 
                opportunity for access and participation (including 
                privacy and independence) as for other voters;
                    (B) satisfy the requirement of subparagraph (A) 
                through the use of at least one direct recording 
                electronic voting system or other voting system equipped 
                for individuals with disabilities at each polling place; 
                and
                    (C) if purchased with funds made available under 
                title II on or after January 1, 2007, meet the voting 
                system standards for disability access (as outlined in 
                this paragraph).
            (4) Alternative language accessibility.--The voting system 
        shall provide alternative language accessibility pursuant to the 
        requirements of section 203 of the Voting Rights Act of 1965 (42 
        U.S.C. 1973aa-1a).
            (5) Error rates.--The error rate of the voting system in 
        counting ballots (determined by taking into account only those 
        errors which are attributable to the voting system and not 
        attributable to an act of the voter) shall comply with the error 
        rate standards established under section 3.2.1 of the voting 
        systems standards issued by the Federal Election Commission 
        which are in effect on the date of the enactment of this Act.
            (6) Uniform definition of what constitutes a vote.--Each 
        State shall adopt uniform and nondiscriminatory standards that 
        define what constitutes a vote and what will be

[[Page 116 STAT. 1706]]

        counted as a vote for each category of voting system used in the 
        State.

    (b) Voting System Defined.--In this section, the term ``voting 
system'' means--
            (1) the total combination of mechanical, electromechanical, 
        or electronic equipment (including the software, firmware, and 
        documentation required to program, control, and support the 
        equipment) that is used--
                    (A) to define ballots;
                    (B) to cast and count votes;
                    (C) to report or display election results; and
                    (D) to maintain and produce any audit trail 
                information; and
            (2) the practices and associated documentation used--
                    (A) to identify system components and versions of 
                such components;
                    (B) to test the system during its development and 
                maintenance;
                    (C) to maintain records of system errors and 
                defects;
                    (D) to determine specific system changes to be made 
                to a system after the initial qualification of the 
                system; and
                    (E) to make available any materials to the voter 
                (such as notices, instructions, forms, or paper 
                ballots).

    (c) Construction.--
            (1) In general.--Nothing in this section shall be construed 
        to prohibit a State or jurisdiction which used a particular type 
        of voting system in the elections for Federal office held in 
        November 2000 from using the same type of system after the 
        effective date of this section, so long as the system meets or 
        is modified to meet the requirements of this section.
            (2) Protection of paper ballot voting systems.--For purposes 
        of subsection (a)(1)(A)(i), the term ``verify'' may not be 
        defined in a manner that makes it impossible for a paper ballot 
        voting system to meet the requirements of such subsection or to 
        be modified to meet such requirements.

    (d) Effective Date.--Each State and jurisdiction shall be required 
to comply with the requirements of this section on and after January 1, 
2006.

SEC. 302. <<NOTE: 42 USC 15482.>> PROVISIONAL VOTING AND VOTING 
            INFORMATION REQUIREMENTS.

    (a) Provisional Voting Requirements.--If an individual declares that 
such individual is a registered voter in the jurisdiction in which the 
individual desires to vote and that the individual is eligible to vote 
in an election for Federal office, but the name of the individual does 
not appear on the official list of eligible voters for the polling place 
or an election official asserts that the individual is not eligible to 
vote, such individual shall be permitted to cast a provisional ballot as 
follows:
            (1) <<NOTE: Notification.>>  An election official at the 
        polling place shall notify the individual that the individual 
        may cast a provisional ballot in that election.
            (2) The individual shall be permitted to cast a provisional 
        ballot at that polling place upon the execution of a written 
        affirmation by the individual before an election official at the 
        polling place stating that the individual is--

[[Page 116 STAT. 1707]]

                    (A) a registered voter in the jurisdiction in which 
                the individual desires to vote; and
                    (B) eligible to vote in that election.
            (3) An election official at the polling place shall transmit 
        the ballot cast by the individual or the voter information 
        contained in the written affirmation executed by the individual 
        under paragraph (2) to an appropriate State or local election 
        official for prompt verification under paragraph (4).
            (4) If the appropriate State or local election official to 
        whom the ballot or voter information is transmitted under 
        paragraph (3) determines that the individual is eligible under 
        State law to vote, the individual's provisional ballot shall be 
        counted as a vote in that election in accordance with State law.
            (5)(A) At the time that an individual casts a provisional 
        ballot, the appropriate State or local election official shall 
        give the individual written information that states that any 
        individual who casts a provisional ballot will be able to 
        ascertain under the system established under subparagraph (B) 
        whether the vote was counted, and, if the vote was not counted, 
        the reason that the vote was not counted.
            (B) The appropriate State or local election official shall 
        establish a free access system (such as a toll-free telephone 
        number or an Internet website) that any individual who casts a 
        provisional ballot may access to discover whether the vote of 
        that individual was counted, and, if the vote was not counted, 
        the reason that the vote was not counted.

States described in section 4(b) of the National Voter Registration Act 
of 1993 (42 U.S.C. 1973gg-2(b)) may meet the requirements of this 
subsection using voter registration procedures established under 
applicable State law. The appropriate State or local official shall 
establish and maintain reasonable procedures necessary to protect the 
security, confidentiality, and integrity of personal information 
collected, stored, or otherwise used by the free access system 
established under paragraph (5)(B). Access to information about an 
individual provisional ballot shall be restricted to the individual who 
cast the ballot.
    (b) Voting Information Requirements.--
            (1) Public posting on election day.--The appropriate State 
        or local election official shall cause voting information to be 
        publicly posted at each polling place on the day of each 
        election for Federal office.
            (2) Voting information defined.--In this section, the term 
        ``voting information'' means--
                    (A) a sample version of the ballot that will be used 
                for that election;
                    (B) information regarding the date of the election 
                and the hours during which polling places will be open;
                    (C) instructions on how to vote, including how to 
                cast a vote and how to cast a provisional ballot;
                    (D) instructions for mail-in registrants and first-
                time voters under section 303(b);
                    (E) general information on voting rights under 
                applicable Federal and State laws, including information 
                on the right of an individual to cast a provisional 
                ballot and instructions on how to contact the 
                appropriate officials if these rights are alleged to 
                have been violated; and

[[Page 116 STAT. 1708]]

                    (F) general information on Federal and State laws 
                regarding prohibitions on acts of fraud and 
                misrepresentation.

    (c) Voters Who Vote After the Polls Close.--Any individual who votes 
in an election for Federal office as a result of a Federal or State 
court order or any other order extending the time established for 
closing the polls by a State law in effect 10 days before the date of 
that election may only vote in that election by casting a provisional 
ballot under subsection (a). Any such ballot cast under the preceding 
sentence shall be separated and held apart from other provisional 
ballots cast by those not affected by the order.
    (d) Effective Date for Provisional Voting and Voting Information.--
Each State and jurisdiction shall be required to comply with the 
requirements of this section on and after January 1, 2004.

SEC. 303. <<NOTE: 42 USC 15483.>> COMPUTERIZED STATEWIDE VOTER 
            REGISTRATION LIST REQUIREMENTS AND REQUIREMENTS FOR VOTERS 
            WHO REGISTER BY MAIL.

    (a) Computerized Statewide Voter Registration List Requirements.--
            (1) Implementation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each State, acting through the chief State election 
                official, shall implement, in a uniform and 
                nondiscriminatory manner, a single, uniform, official, 
                centralized, interactive computerized statewide voter 
                registration list defined, maintained, and administered 
                at the State level that contains the name and 
                registration information of every legally registered 
                voter in the State and assigns a unique identifier to 
                each legally registered voter in the State (in this 
                subsection referred to as the ``computerized list''), 
                and includes the following:
                          (i) The computerized list shall serve as the 
                      single system for storing and managing the 
                      official list of registered voters throughout the 
                      State.
                          (ii) The computerized list contains the name 
                      and registration information of every legally 
                      registered voter in the State.
                          (iii) Under the computerized list, a unique 
                      identifier is assigned to each legally registered 
                      voter in the State.
                          (iv) The computerized list shall be 
                      coordinated with other agency databases within the 
                      State.
                          (v) Any election official in the State, 
                      including any local election official, may obtain 
                      immediate electronic access to the information 
                      contained in the computerized list.
                          (vi) All voter registration information 
                      obtained by any local election official in the 
                      State shall be electronically entered into the 
                      computerized list on an expedited basis at the 
                      time the information is provided to the local 
                      official.
                          (vii) The chief State election official shall 
                      provide such support as may be required so that 
                      local election

[[Page 116 STAT. 1709]]

                      officials are able to enter information as 
                      described in clause (vi).
                          (viii) The computerized list shall serve as 
                      the official voter registration list for the 
                      conduct of all elections for Federal office in the 
                      State.
                    (B) Exception.--The requirement under subparagraph 
                (A) shall not apply to a State in which, under a State 
                law in effect continuously on and after the date of the 
                enactment of this Act, there is no voter registration 
                requirement for individuals in the State with respect to 
                elections for Federal office.
            (2) Computerized list maintenance.--
                    (A) In general.--The appropriate State or local 
                election official shall perform list maintenance with 
                respect to the computerized list on a regular basis as 
                follows:
                          (i) If an individual is to be removed from the 
                      computerized list, such individual shall be 
                      removed in accordance with the provisions of the 
                      National Voter Registration Act of 1993 (42 U.S.C. 
                      1973gg et seq.), including subsections (a)(4), 
                      (c)(2), (d), and (e) of section 8 of such Act (42 
                      U.S.C. 1973gg-6).
                          (ii) For purposes of removing names of 
                      ineligible voters from the official list of 
                      eligible voters--
                                    (I) under section 8(a)(3)(B) of such 
                                Act (42 U.S.C. 1973gg-6(a)(3)(B)), the 
                                State shall coordinate the computerized 
                                list with State agency records on felony 
                                status; and
                                    (II) by reason of the death of the 
                                registrant under section 8(a)(4)(A) of 
                                such Act (42 U.S.C. 1973gg-6(a)(4)(A)), 
                                the State shall coordinate the 
                                computerized list with State agency 
                                records on death.
                          (iii) Notwithstanding the preceding provisions 
                      of this subparagraph, if a State is described in 
                      section 4(b) of the National Voter Registration 
                      Act of 1993 (42 U.S.C. 1973gg-2(b)), that State 
                      shall remove the names of ineligible voters from 
                      the computerized list in accordance with State 
                      law.
                    (B) Conduct.--The list maintenance performed under 
                subparagraph (A) shall be conducted in a manner that 
                ensures that--
                          (i) the name of each registered voter appears 
                      in the computerized list;
                          (ii) only voters who are not registered or who 
                      are not eligible to vote are removed from the 
                      computerized list; and
                          (iii) duplicate names are eliminated from the 
                      computerized list.
            (3) Technological security of computerized list.--The 
        appropriate State or local official shall provide adequate 
        technological security measures to prevent the unauthorized 
        access to the computerized list established under this section.
            (4) Minimum standard for accuracy of state voter 
        registration records.--The State election system shall include 
        provisions to ensure that voter registration records in the 
        State are accurate and are updated regularly, including the 
        following:

[[Page 116 STAT. 1710]]

                    (A) A system of file maintenance that makes a 
                reasonable effort to remove registrants who are 
                ineligible to vote from the official list of eligible 
                voters. Under such system, consistent with the National 
                Voter Registration Act of 1993 (42 U.S.C. 1973gg et 
                seq.), registrants who have not responded to a notice 
                and who have not voted in 2 consecutive general 
                elections for Federal office shall be removed from the 
                official list of eligible voters, except that no 
                registrant may be removed solely by reason of a failure 
                to vote.
                    (B) Safeguards to ensure that eligible voters are 
                not removed in error from the official list of eligible 
                voters.
            (5) Verification of voter registration information.--
                    (A) Requiring provision of certain information by 
                applicants.--
                          (i) In general.--Except as provided in clause 
                      (ii), notwithstanding any other provision of law, 
                      an application for voter registration for an 
                      election for Federal office may not be accepted or 
                      processed by a State unless the application 
                      includes--
                                    (I) in the case of an applicant who 
                                has been issued a current and valid 
                                driver's license, the applicant's 
                                driver's license number; or
                                    (II) in the case of any other 
                                applicant (other than an applicant to 
                                whom clause (ii) applies), the last 4 
                                digits of the applicant's social 
                                security number.
                          (ii) Special rule for applicants without 
                      driver's license or social security number.--If an 
                      applicant for voter registration for an election 
                      for Federal office has not been issued a current 
                      and valid driver's license or a social security 
                      number, the State shall assign the applicant a 
                      number which will serve to identify the applicant 
                      for voter registration purposes. To the extent 
                      that the State has a computerized list in effect 
                      under this subsection and the list assigns unique 
                      identifying numbers to registrants, the number 
                      assigned under this clause shall be the unique 
                      identifying number assigned under the list.
                          (iii) Determination of validity of numbers 
                      provided.--The State shall determine whether the 
                      information provided by an individual is 
                      sufficient to meet the requirements of this 
                      subparagraph, in accordance with State law.
                    (B) Requirements for state officials.--
                          (i) <<NOTE: Contracts.>>  Sharing information 
                      in databases.--The chief State election official 
                      and the official responsible for the State motor 
                      vehicle authority of a State shall enter into an 
                      agreement to match information in the database of 
                      the statewide voter registration system with 
                      information in the database of the motor vehicle 
                      authority to the extent required to enable each 
                      such official to verify the accuracy of the 
                      information provided on applications for voter 
                      registration.
                          (ii) Agreements with commissioner of social 
                      security.--The official responsible for the State 
                      motor vehicle authority shall enter into an 
                      agreement with

[[Page 116 STAT. 1711]]

                      the Commissioner of Social Security under section 
                      205(r)(8) of the Social Security Act (as added by 
                      subparagraph (C)).
                    (C) Access to federal information.--Section 205(r) 
                of the Social Security Act (42 U.S.C. 405(r)) is amended 
                by adding at the end the following new paragraph:

    ``(8)(A) The Commissioner of Social Security shall, upon the request 
of the official responsible for a State driver's license agency pursuant 
to the Help America Vote Act of 2002--
            ``(i) <<NOTE: Contracts.>>  enter into an agreement with 
        such official for the purpose of verifying applicable 
        information, so long as the requirements of subparagraphs (A) 
        and (B) of paragraph (3) are met; and
            ``(ii) <<NOTE: Confidentiality.>>  include in such agreement 
        safeguards to assure the maintenance of the confidentiality of 
        any applicable information disclosed and procedures to permit 
        such agency to use the applicable information for the purpose of 
        maintaining its records.

    ``(B) Information provided pursuant to an agreement under this 
paragraph shall be provided at such time, in such place, and in such 
manner as the Commissioner determines appropriate.
    ``(C) <<NOTE: Procedures.>>  The Commissioner shall develop methods 
to verify the accuracy of information provided by the agency with 
respect to applications for voter registration, for whom the last 4 
digits of a social security number are provided instead of a driver's 
license number.

    ``(D) For purposes of this paragraph--
            ``(i) the term `applicable information' means information 
        regarding whether--
                    ``(I) the name (including the first name and any 
                family forename or surname), the date of birth 
                (including the month, day, and year), and social 
                security number of an individual provided to the 
                Commissioner match the information contained in the 
                Commissioner's records, and
                    ``(II) such individual is shown on the records of 
                the Commissioner as being deceased; and
            ``(ii) the term `State driver's license agency' means the 
        State agency which issues driver's licenses to individuals 
        within the State and maintains records relating to such 
        licensure.

    ``(E) Nothing in this paragraph may be construed to require the 
provision of applicable information with regard to a request for a 
record of an individual if the Commissioner determines there are 
exceptional circumstances warranting an exception (such as safety of the 
individual or interference with an investigation).
    ``(F) Applicable information provided by the Commission pursuant to 
an agreement under this paragraph or by an individual to any agency that 
has entered into an agreement under this paragraph shall be considered 
as strictly confidential and shall be used only for the purposes 
described in this paragraph and for carrying out an agreement under this 
paragraph. <<NOTE: Penalties.>>  Any officer or employee or former 
officer or employee of a State, or any officer or employee or former 
officer or employee of a contractor of a State who, without the written 
authority of the Commissioner, publishes or communicates any applicable 
information in such individual's possession by reason of such employment 
or position as such an officer, shall be guilty of a felony and upon 
conviction

[[Page 116 STAT. 1712]]

thereof shall be fined or imprisoned, or both, as described in section 
208.''.
                    (D) Special rule for certain states.--In the case of 
                a State which is permitted to use social security 
                numbers, and provides for the use of social security 
                numbers, on applications for voter registration, in 
                accordance with section 7 of the Privacy Act of 1974 (5 
                U.S.C. 552a note), the provisions of this paragraph 
                shall be optional.

    (b) Requirements for Voters Who Register by Mail.--
            (1) In general.--Notwithstanding section 6(c) of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c)) 
        and subject to paragraph (3), a State shall, in a uniform and 
        nondiscriminatory manner, require an individual to meet the 
        requirements of paragraph (2) if--
                    (A) the individual registered to vote in a 
                jurisdiction by mail; and
                    (B)(i) the individual has not previously voted in an 
                election for Federal office in the State; or
                    (ii) the individual has not previously voted in such 
                an election in the jurisdiction and the jurisdiction is 
                located in a State that does not have a computerized 
                list that complies with the requirements of subsection 
                (a).
            (2) Requirements.--
                    (A) In general.--An individual meets the 
                requirements of this paragraph if the individual--
                          (i) in the case of an individual who votes in 
                      person--
                                    (I) presents to the appropriate 
                                State or local election official a 
                                current and valid photo identification; 
                                or
                                    (II) presents to the appropriate 
                                State or local election official a copy 
                                of a current utility bill, bank 
                                statement, government check, paycheck, 
                                or other government document that shows 
                                the name and address of the voter; or
                          (ii) in the case of an individual who votes by 
                      mail, submits with the ballot--
                                    (I) a copy of a current and valid 
                                photo identification; or
                                    (II) a copy of a current utility 
                                bill, bank statement, government check, 
                                paycheck, or other government document 
                                that shows the name and address of the 
                                voter.
                    (B) Fail-safe voting.--
                          (i) In person.--An individual who desires to 
                      vote in person, but who does not meet the 
                      requirements of subparagraph (A)(i), may cast a 
                      provisional ballot under section 302(a).
                          (ii) By mail.--An individual who desires to 
                      vote by mail but who does not meet the 
                      requirements of subparagraph (A)(ii) may cast such 
                      a ballot by mail and the ballot shall be counted 
                      as a provisional ballot in accordance with section 
                      302(a).
            (3) Inapplicability.--Paragraph (1) shall not apply in the 
        case of a person--

[[Page 116 STAT. 1713]]

                    (A) who registers to vote by mail under section 6 of 
                the National Voter Registration Act of 1993 (42 U.S.C. 
                1973gg-4) and submits as part of such registration 
                either--
                          (i) a copy of a current and valid photo 
                      identification; or
                          (ii) a copy of a current utility bill, bank 
                      statement, government check, paycheck, or 
                      government document that shows the name and 
                      address of the voter;
                    (B)(i) who registers to vote by mail under section 6 
                of the National Voter Registration Act of 1993 (42 
                U.S.C. 1973gg-4) and submits with such registration 
                either--
                          (I) a driver's license number; or
                          (II) at least the last 4 digits of the 
                      individual's social security number; and
                    (ii) with respect to whom a State or local election 
                official matches the information submitted under clause 
                (i) with an existing State identification record bearing 
                the same number, name and date of birth as provided in 
                such registration; or
                    (C) who is--
                          (i) entitled to vote by absentee ballot under 
                      the Uniformed and Overseas Citizens Absentee 
                      Voting Act (42 U.S.C. 1973ff-1 et seq.);
                          (ii) provided the right to vote otherwise than 
                      in person under section 3(b)(2)(B)(ii) of the 
                      Voting Accessibility for the Elderly and 
                      Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)); 
                      or
                          (iii) entitled to vote otherwise than in 
                      person under any other Federal law.
            (4) Contents of mail-in registration form.--
                    (A) In general.--The mail voter registration form 
                developed under section 6 of the National Voter 
                Registration Act of 1993 (42 U.S.C. 1973gg-4) shall 
                include the following:
                          (i) The question ``Are you a citizen of the 
                      United States of America?'' and boxes for the 
                      applicant to check to indicate whether the 
                      applicant is or is not a citizen of the United 
                      States.
                          (ii) The question ``Will you be 18 years of 
                      age on or before election day?'' and boxes for the 
                      applicant to check to indicate whether or not the 
                      applicant will be 18 years of age or older on 
                      election day.
                          (iii) The statement ``If you checked `no' in 
                      response to either of these questions, do not 
                      complete this form.''.
                          (iv) A statement informing the individual that 
                      if the form is submitted by mail and the 
                      individual is registering for the first time, the 
                      appropriate information required under this 
                      section must be submitted with the mail-in 
                      registration form in order to avoid the additional 
                      identification requirements upon voting for the 
                      first time.
                    (B) <<NOTE: Notification.>>  Incomplete forms.--If 
                an applicant for voter registration fails to answer the 
                question included on the mail voter registration form 
                pursuant to subparagraph (A)(i), the registrar shall 
                notify the applicant of the failure and provide the 
                applicant with an opportunity to complete the form in a 
                timely manner to allow for the completion of

[[Page 116 STAT. 1714]]

                the registration form prior to the next election for 
                Federal office (subject to State law).
            (5) Construction.--Nothing in this subsection shall be 
        construed to require a State that was not required to comply 
        with a provision of the National Voter Registration Act of 1993 
        (42 U.S.C. 1973gg et seq.) before the date of the enactment of 
        this Act to comply with such a provision after such date.

    (c) Permitted Use of Last 4 Digits of Social Security Numbers.--The 
last 4 digits of a social security number described in subsections 
(a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered to be a 
social security number for purposes of section 7 of the Privacy Act of 
1974 (5 U.S.C. 552a note).
    (d) Effective Date.--
            (1) Computerized statewide voter registration list 
        requirements.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each State and jurisdiction shall be required to 
                comply with the requirements of subsection (a) on and 
                after January 1, 2004.
                    (B) <<NOTE: Applicability.>>  Waiver.--If a State or 
                jurisdiction certifies to the Commission not later than 
                January 1, 2004, that the State or jurisdiction will not 
                meet the deadline described in subparagraph (A) for good 
                cause and includes in the certification the reasons for 
                the failure to meet such deadline, subparagraph (A) 
                shall apply to the State or jurisdiction as if the 
                reference in such subparagraph to ``January 1, 2004'' 
                were a reference to ``January 1, 2006''.
            (2) Requirement for voters who register by mail.--
                    (A) In general.--Each State and jurisdiction shall 
                be required to comply with the requirements of 
                subsection (b) on and after January 1, 2004, and shall 
                be prepared to receive registration materials submitted 
                by individuals described in subparagraph (B) on and 
                after the date described in such subparagraph.
                    (B) Applicability with respect to individuals.--The 
                provisions of subsection (b) shall apply to any 
                individual who registers to vote on or after January 1, 
                2003.

SEC. 304. <<NOTE: 42 USC 15484.>> MINIMUM REQUIREMENTS.

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

SEC. 305. <<NOTE: 42 USC 15485.>> METHODS OF IMPLEMENTATION LEFT TO 
            DISCRETION OF STATE.

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

[[Page 116 STAT. 1715]]

                     Subtitle B--Voluntary Guidance

SEC. 311. <<NOTE: 42 USC 15501.>> ADOPTION OF VOLUNTARY GUIDANCE BY 
            COMMISSION.

    (a) In General.--To assist States in meeting the requirements of 
subtitle A, the Commission shall adopt voluntary guidance consistent 
with such requirements in accordance with the procedures described in 
section 312.
    (b) Deadlines.--The Commission shall adopt the recommendations under 
this section not later than--
            (1) in the case of the recommendations with respect to 
        section 301, January 1, 2004;
            (2) in the case of the recommendations with respect to 
        section 302, October 1, 2003; and
            (3) in the case of the recommendations with respect to 
        section 303, October 1, 2003.

    (c) Quadrennial Update.--The Commission shall review and update 
recommendations adopted with respect to section 301 no less frequently 
than once every 4 years.

SEC. 312. <<NOTE: Federal Register, publication. Public information. 42 
            USC 15502.>> PROCESS FOR ADOPTION.

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

                          TITLE IV--ENFORCEMENT

SEC. 401. <<NOTE: 42 USC 15511.>> ACTIONS BY THE ATTORNEY GENERAL FOR 
            DECLARATORY AND INJUNCTIVE RELIEF.

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

SEC. 402. <<NOTE: 42 USC 15512.>> ESTABLISHMENT OF STATE-BASED 
            ADMINISTRATIVE COMPLAINT PROCEDURES TO REMEDY GRIEVANCES.

    (a) Establishment of State-Based Administrative Complaint Procedures 
To Remedy Grievances.--
            (1) Establishment of procedures as condition of receiving 
        funds.--If a State receives any payment under a program under 
        this Act, the State shall be required to establish and maintain 
        State-based administrative complaint procedures which meet the 
        requirements of paragraph (2).
            (2) Requirements for procedures.--The requirements of this 
        paragraph are as follows:
                    (A) The procedures shall be uniform and 
                nondiscriminatory.

[[Page 116 STAT. 1716]]

                    (B) Under the procedures, any person who believes 
                that there is a violation of any provision of title III 
                (including a violation which has occurred, is occurring, 
                or is about to occur) may file a complaint.
                    (C) Any complaint filed under the procedures shall 
                be in writing and notarized, and signed and sworn by the 
                person filing the complaint.
                    (D) The State may consolidate complaints filed under 
                subparagraph (B).
                    (E) At the request of the complainant, there shall 
                be a hearing on the record.
                    (F) If, under the procedures, the State determines 
                that there is a violation of any provision of title III, 
                the State shall provide the appropriate remedy.
                    (G) If, under the procedures, the State determines 
                that there is no violation, the State shall dismiss the 
                complaint and publish the results of the procedures.
                    (H) <<NOTE: Deadline.>>  The State shall make a 
                final determination with respect to a complaint prior to 
                the expiration of the 90-day period which begins on the 
                date the complaint is filed, unless the complainant 
                consents to a longer period for making such a 
                determination.
                    (I) <<NOTE: Deadline.>>  If the State fails to meet 
                the deadline applicable under subparagraph (H), the 
                complaint shall be resolved within 60 days under 
                alternative dispute resolution procedures established 
                for purposes of this section. <<NOTE: Records.>>  The 
                record and other materials from any proceedings 
                conducted under the complaint procedures established 
                under this section shall be made available for use under 
                the alternative dispute resolution procedures.

    (b) Requiring Attorney General Approval of Compliance Plan for 
States Not Receiving Funds.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than January 
        1, 2004, each nonparticipating State shall elect--
                    (A) to certify to the Commission that the State 
                meets the requirements of subsection (a) in the same 
                manner as a State receiving a payment under this Act; or
                    (B) to submit a compliance plan to the Attorney 
                General which provides detailed information on the steps 
                the State will take to ensure that it meets the 
                requirements of title III.
            (2) States without approved plan deemed out of compliance.--
        A nonparticipating State (other than a State which makes the 
        election described in paragraph (1)(A)) shall be deemed to not 
        meet the requirements of title III if the Attorney General has 
        not approved a compliance plan submitted by the State under this 
        subsection.
            (3) Nonparticipating state defined.--In this section, a 
        ``nonparticipating State'' is a State which, during 2003, does 
        not notify any office which is responsible for making payments 
        to States under any program under this Act of its intent to 
        participate in, and receive funds under, the program.

[[Page 116 STAT. 1717]]

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

SEC. <<NOTE: 42 USC 15521.>> 501. ESTABLISHMENT OF PROGRAM.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after 
the appointment of its members, the Election Assistance Commission shall 
develop a program to be known as the ``Help America Vote College 
Program'' (hereafter in this title referred to as the ``Program'').

    (b) Purposes of Program.--The purpose of the Program shall be--
            (1) to encourage students enrolled at institutions of higher 
        education (including community colleges) to assist State and 
        local governments in the administration of elections by serving 
        as nonpartisan poll workers or assistants; and
            (2) to encourage State and local governments to use the 
        services of the students participating in the Program.

SEC. 502. <<NOTE: 42 USC 15522.>> ACTIVITIES UNDER PROGRAM.

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

SEC. 503. <<NOTE: 42 USC 15523.>> AUTHORIZATION OF APPROPRIATIONS.

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

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

SEC. 601. HELP AMERICA VOTE FOUNDATION.

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

[[Page 116 STAT. 1718]]

              ``CHAPTER 1526--HELP AMERICA VOTE FOUNDATION

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

``Sec. 152601. Organization

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

``Sec. 152602. Purposes

    ``(a) In General.--The purposes of the foundation are to--
            ``(1) mobilize secondary school students (including students 
        educated in the home) in the United States to participate in the 
        election process in a nonpartisan manner as poll workers or 
        assistants (to the extent permitted under applicable State law);
            ``(2) place secondary school students (including students 
        educated in the home) as nonpartisan poll workers or assistants 
        to local election officials in precinct polling places across 
        the United States (to the extent permitted under applicable 
        State law); and
            ``(3) establish cooperative efforts with State and local 
        election officials, local educational agencies, superintendents 
        and principals of public and private secondary schools, and 
        other appropriate nonprofit charitable and educational 
        organizations exempt from taxation under section 501(a) of the 
        Internal Revenue Code of 1986 as an organization described in 
        section 501(c)(3) of such Code to further the purposes of the 
        foundation.

    ``(b) Requiring Activities To Be Carried Out on Nonpartisan Basis.--
The foundation shall carry out its purposes without partisan bias or 
without promoting any particular point of view regarding any issue, and 
shall ensure that each participant in its activities is governed in a 
balanced manner which does not reflect any partisan bias.
    ``(c) Consultation With State Election Officials.--The foundation 
shall carry out its purposes under this section in consultation with the 
chief election officials of the States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, and the United States 
Virgin Islands.

``Sec. 152603. Board of directors

    ``(a) General.--The board of directors is the governing body of the 
foundation.

[[Page 116 STAT. 1719]]

    ``(b) Members <<NOTE: Deadline.>> and Appointment.--(1) The board 
consists of 12 directors, who shall be appointed not later than 60 days 
after the date of the enactment of this chapter as follows:
            ``(A) Four directors (of whom not more than two may be 
        members of the same political party) shall be appointed by the 
        President.
            ``(B) Two directors shall be appointed by the Speaker of the 
        House of Representatives.
            ``(C) Two directors shall be appointed by the Minority 
        Leader of the House of Representatives.
            ``(D) Two directors shall be appointed by the Majority 
        Leader of the Senate.
            ``(E) Two directors shall be appointed by the Minority 
        Leader of the Senate.

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

``Sec. 152604. Officers and employees

    ``(a) Appointment of Officers and Employees.--The board of directors 
appoints, removes, and replaces officers and employees of the 
foundation.
    ``(b) Status and Compensation of Employees.--
            ``(1) In general.--Officers and employees of the 
        foundation--
                    ``(A) are not employees of the Federal Government 
                (except as may otherwise be provided in this chapter);
                    ``(B) shall be appointed and removed without regard 
                to the provisions of title 5 governing appointments in 
                the competitive service; and

[[Page 116 STAT. 1720]]

                    ``(C) may be paid without regard to chapter 51 and 
                subchapter III of chapter 53 of title 5.
            ``(2) Availability of federal employee rates for travel.--
        For purposes of any schedules of rates negotiated by the 
        Administrator of General Services for the use of employees of 
        the Federal Government who travel on official business, officers 
        and employees of the foundation who travel while engaged in the 
        performance of their duties under this chapter shall be deemed 
        to be employees of the Federal Government.

``Sec. 152605. Powers

    ``(a) In General.--The foundation may--
            ``(1) adopt a constitution and bylaws;
            ``(2) adopt a seal which shall be judicially noticed; and
            ``(3) do any other act necessary to carry out this chapter.

    ``(b) Powers as Trustee.--To carry out its purposes, the foundation 
has the usual powers of a corporation acting as a trustee in the 
District of Columbia, including the power--
            ``(1) to accept, receive, solicit, hold, administer, and use 
        any gift, devise, or bequest, either absolutely or in trust, of 
        property or any income from or other interest in property;
            ``(2) to acquire property or an interest in property by 
        purchase or exchange;
            ``(3) unless otherwise required by an instrument of 
        transfer, to sell, donate, lease, invest, or otherwise dispose 
        of any property or income from property;
            ``(4) to borrow money and issue instruments of indebtedness;
            ``(5) to make contracts and other arrangements with public 
        agencies and private organizations and persons and to make 
        payments necessary to carry out its functions;
            ``(6) to sue and be sued; and
            ``(7) to do any other act necessary and proper to carry out 
        the purposes of the foundation.

    ``(c) Encumbered or Restricted Gifts.--A gift, devise, or bequest 
may be accepted by the foundation even though it is encumbered, 
restricted, or subject to beneficial interests of private persons, if 
any current or future interest is for the benefit of the foundation.
    ``(d) Contracts.--The foundation may enter into such contracts with 
public and private entities as it considers appropriate to carry out its 
purposes.
    ``(e) Annual Conference in Washington Metropolitan Area.--During 
each year (beginning with 2003), the foundation may sponsor a conference 
in the Washington, D.C. metropolitan area to honor secondary school 
students and other individuals who have served (or plan to serve) as 
poll workers and assistants and who have otherwise participated in the 
programs and activities of the foundation.

``Sec. 152606. Principal office

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

[[Page 116 STAT. 1721]]

``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. <<NOTE: Contracts.>> Annual audit

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

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

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

``Sec. 152610. Immunity of United States Government

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

``Sec. 152611. Authorization of appropriations

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

``Sec. 152612. Annual report

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

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

[[Page 116 STAT. 1722]]

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

SEC. 701. VOTING ASSISTANCE PROGRAMS.

    (a) Voting Assistance Officers.--Subsection (f) of section 1566 of 
title 10, United States Code, as added by section 1602(a) of the 
National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1274), is amended--
            (1) by striking ``Voting assistance'' in the first sentence 
        and inserting ``(1) Voting assistance''; and
            (2) by adding at the end the following new paragraph:

    ``(2) <<NOTE: Regulations. Procedures.>> Under regulations and 
procedures (including directives) prescribed by the Secretary, a member 
of the armed forces appointed or assigned to duty as a voting assistance 
officer shall, to the maximum extent practicable, be given the time and 
resources needed to perform the member's duties as a voting assistance 
officer during the period in advance of a general election when members 
and their dependents are preparing and submitting absentee ballots.''.

    (b) <<NOTE: Procedures.>>  Postmarking of Overseas Voting 
Materials.--Subsection (g)(2) of such section is amended by adding at 
the end the following: ``The Secretary shall, to the maximum extent 
practicable, implement measures to ensure that a postmark or other 
official proof of mailing date is provided on each absentee ballot 
collected at any overseas location or vessel at sea whenever the 
Department of Defense is responsible for collecting mail for return 
shipment to the United States. The Secretary shall ensure that the 
measures implemented under the preceding sentence do not result in the 
delivery of absentee ballots to the final destination of such ballots 
after the date on which the election for Federal office is 
held. <<NOTE: Deadline. Reports.>>  Not later than the date that is 6 
months after the date of the enactment of the Help America Vote Act of 
2002, the Secretary shall submit to Congress a report describing the 
measures to be implemented to ensure the timely transmittal and 
postmarking of voting materials and identifying the persons responsible 
for implementing such measures.''.

    (c) Providing Notice of Deadlines and Requirements.--Such section is 
amended by adding at the end the following new subsection:
    ``(h) Notice of Deadlines and Requirements.--The Secretary of each 
military department, utilizing the voting assistance officer network 
established for each military installation, shall, to the maximum extent 
practicable, provide notice to members of the Armed Forces stationed at 
that installation of the last date before a general Federal election for 
which absentee ballots mailed from a postal facility located at that 
installation can reasonably be expected to be timely delivered to the 
appropriate State and local election officials.''.
    (d) Registration and Voting Information for Members and 
Dependents.--Such section is further amended by adding at the end the 
following new subsection:
    ``(i) Registration and Voting Information for Members and 
Dependents.--(1) The Secretary of each military department, using a 
variety of means including both print and electronic media, shall,

[[Page 116 STAT. 1723]]

to the maximum extent practicable, ensure that members of the Armed 
Forces and their dependents who are qualified to vote have ready access 
to information regarding voter registration requirements and deadlines 
(including voter registration), absentee ballot application requirements 
and deadlines, and the availability of voting assistance officers to 
assist members and dependents to understand and comply with these 
requirements.
    ``(2) The Secretary of each military department shall make the 
national voter registration form prepared for purposes of the Uniformed 
and Overseas Citizens Absentee Voting Act by the Federal Election 
Commission available so that each person who enlists shall receive such 
form at the time of the enlistment, or as soon thereafter as 
practicable.
    ``(3) Where practicable, a special day or days shall be designated 
at each military installation for the purpose of informing members of 
the Armed Forces and their dependents of election timing, registration 
requirements, and voting procedures.''.

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

    Section 102 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff-1) is amended--
            (1) by inserting ``(a) In General.--'' before ``Each 
        State''; and
            (2) by adding at the end the following new subsection:

    ``(b) Designation of Single State Office To Provide Information on 
Registration and Absentee Ballot Procedures for All Voters in State.--
            ``(1) In general.--Each State shall designate a single 
        office which shall be responsible for providing information 
        regarding voter registration procedures and absentee ballot 
        procedures to be used by absent uniformed services voters and 
        overseas voters with respect to elections for Federal office 
        (including procedures relating to the use of the Federal write-
        in absentee ballot) to all absent uniformed services voters and 
        overseas voters who wish to register to vote or vote in any 
        jurisdiction in the State.
            ``(2) Recommendation regarding use of office to accept and 
        process materials.--Congress recommends that the State office 
        designated under paragraph (1) be responsible for carrying out 
        the State's duties under this Act, including accepting valid 
        voter registration applications, absentee ballot applications, 
        and absentee ballots (including Federal write-in absentee 
        ballots) from all absent uniformed services voters and overseas 
        voters who wish to register to vote or vote in any jurisdiction 
        in the State.''.

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

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 702, is 
amended by adding at the end the following new subsection:
    ``(c) Report on Number of Absentee Ballots Transmitted and 
Received.--Not <<NOTE: Deadline. Public information.>>  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

[[Page 116 STAT. 1724]]

(through the State, in the case of a unit of local government) submit a 
report to the Election Assistance Commission (established under the Help 
America Vote Act of 2002) on the combined number of absentee ballots 
transmitted to absent uniformed services voters and overseas voters for 
the election and the combined number of such ballots which were returned 
by such voters and cast in the election, and shall make such report 
available to the general public.''.

    (b) <<NOTE: 42 USC 1973ff-1 note.>>  Development of Standardized 
Format for Reports.--The Election Assistance Commission, working with 
the Election Assistance Commission Board of Advisors and the Election 
Assistance Commission Standards Board, shall develop a standardized 
format for the reports submitted by States and units of local government 
under section 102(c) of the Uniformed and Overseas Citizens Absentee 
Voting Act (as added by subsection (a)), and shall make the format 
available to the States and units of local government submitting such 
reports.

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

    Section 104(a) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-1), <<NOTE: 42 USC 1973ff-3.>> as amended 
by section 1606(b) of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107-107; 115 Stat. 1279), is amended by striking 
``during that year,'' and all that follows and inserting the following: 
``through the next 2 regularly scheduled general elections for Federal 
office (including any runoff elections which may occur as a result of 
the outcome of such general elections), the State shall provide an 
absentee ballot to the voter for each such subsequent election.''.

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

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

[[Page 116 STAT. 1725]]

                    (C) by adding at the end the following new 
                paragraph:
            ``(5) if the State requires an oath or affirmation to 
        accompany any document under this title, use the standard oath 
        prescribed by the Presidential designee under section 
        101(b)(7).''.

    (c) Providing Statistical Analysis of Voter Participation for Both 
Overseas Voters and Absent Uniformed Services Voters.--Section 101(b)(6) 
of such Act (42 U.S.C. 1973ff(b)(6)) is amended by striking ``a general 
assessment'' and inserting ``a separate statistical analysis''.

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

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

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

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

                    TITLE VIII--TRANSITION PROVISIONS

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

SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) <<NOTE: 42 USC 15531.>>  Transfer of Functions of Office of 
Election Administration of Federal Election Commission.--There are 
transferred to the Election Assistance Commission established under 
section 201 all functions which the Office of Election Administration,

[[Page 116 STAT. 1726]]

established within the Federal Election Commission, exercised before the 
date of the enactment of this Act.

    (b) Conforming Amendment.--Section 311(a) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
            (1) in paragraph (8), by inserting ``and'' at the end;
            (2) in paragraph (9), by striking ``; and'' and inserting a 
        period; and
            (3) by striking paragraph (10) and the second and third 
        sentences.

SEC. 802. <<NOTE: 42 USC 15532.>> NATIONAL VOTER REGISTRATION ACT OF 
            1993.

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

SEC. 803. <<NOTE: 42 USC 15533.>> 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. <<NOTE: 42 USC 15534.>> EFFECTIVE DATE; TRANSITION.

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

[[Page 116 STAT. 1727]]

systems) which it has the authority to carry out as of the date of the 
enactment of this Act.

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

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

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

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

    (a) In General.--Section 8G(a)(2) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by inserting ``the Election Assistance 
Commission,'' after ``Federal Election Commission,''.
    (b) <<NOTE: 5 USC app. 8G note.>>  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. <<NOTE: 42 USC 15541.>> 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. <<NOTE: 42 USC 15542.>> AUDITS AND REPAYMENT OF FUNDS.

    (a) Recordkeeping Requirement.--Each recipient of a grant or other 
payment made under this Act shall keep such records with respect to the 
payment as are consistent with sound accounting principles, including 
records which fully disclose the amount and disposition by such 
recipient of funds, the total cost of the project or undertaking for 
which such funds are used, and the amount of that portion of the cost of 
the project or undertaking supplied by other sources, and such other 
records as will facilitate an effective audit.
    (b) Audits and Examinations.--
            (1) Audits and examinations.--Except as provided in 
        paragraph (5), each office making a grant or other payment under 
        this Act, or any duly authorized representative of such office, 
        may audit or examine any recipient of the grant or payment and 
        shall have access for the purpose of audit and examination to 
        any books, documents, papers, and records of the recipient which 
        in the opinion of the entity may be related or pertinent to the 
        grant or payment.
            (2) Recipients of assistance subject to provisions of 
        section.-- <<NOTE: Applicability.>> The provisions of this 
        section shall apply to all recipients of grants or other 
        payments under this Act, whether by direct grant, cooperative 
        agreement, or contract under this

[[Page 116 STAT. 1728]]

        Act or by subgrant or subcontract from primary grantees or 
        contractors under this Act.
            (3) Mandatory audit.--In addition to audits conducted 
        pursuant to paragraph (1), all funds provided under this Act 
        shall be subject to mandatory audit by the Comptroller General 
        at least once during the lifetime of the program involved. For 
        purposes of an audit under this paragraph, the Comptroller 
        General shall have access to books, documents, papers, and 
        records of recipients of funds in the same manner as the office 
        making the grant or payment involved has access to such books, 
        documents, papers, and records under paragraph (1).
            (4) Special rule for payments by general services 
        administration.--With respect to any grant or payment made under 
        this Act by the Administrator of General Services, the Election 
        Assistance Commission shall be deemed to be the office making 
        the grant or payment for purposes of this section.
            (5) Special rule.--In the case of grants or payments made 
        under section 251, audits and examinations conducted under 
        paragraph (1) shall be performed on a regular basis (as 
        determined by the Commission).
            (6) Special rules for audits by the commission.--In addition 
        to the audits described in paragraph (1), the Election 
        Assistance Commission may conduct a special audit or special 
        examination of a recipient described in paragraph (1) upon a 
        vote of the Commission.

    (c) Recoupment of Funds.--If the Comptroller General determines as a 
result of an audit conducted under subsection (b) that--
            (1) a recipient of funds under this Act is not in compliance 
        with each of the requirements of the program under which the 
        funds are provided; or
            (2) an excess payment has been made to the recipient under 
        the program,

the recipient shall pay to the office which made the grant or payment 
involved a portion of the funds provided which reflects the proportion 
of the requirements with which the recipient is not in compliance, or 
the extent to which the payment is in excess, under the program 
involved.

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

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

[[Page 116 STAT. 1729]]

SEC. 904. <<NOTE: 42 USC 15543.>> REVIEW AND REPORT ON ADEQUACY OF 
            EXISTING ELECTORAL FRAUD STATUTES AND PENALTIES.

    (a) Review.--The Attorney General shall conduct a review of existing 
criminal statutes concerning election offenses to determine--
            (1) whether additional statutory offenses are needed to 
        secure the use of the Internet for election purposes; and
            (2) whether existing penalties provide adequate punishment 
        and deterrence with respect to such offenses.

    (b) Report.--The Attorney General shall submit a report to the 
Committees on the Judiciary of the Senate and House of Representatives, 
the Committee on Rules and Administration of the Senate, and the 
Committee on House Administration of the House of Representatives on the 
review conducted under subsection (a) together with such recommendations 
for legislative and administrative action as the Attorney General 
determines appropriate.

SEC. 905. <<NOTE: 42 USC 15544.>> OTHER CRIMINAL PENALTIES.

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

SEC. 906. <<NOTE: 42 USC 15545.>> NO EFFECT ON OTHER LAWS.

    (a) In General.--Except as specifically provided in section 303(b) 
of this Act with regard to the National Voter Registration Act of 1993 
(42 U.S.C. 1973gg et seq.), nothing in this Act may be construed to 
authorize or require conduct prohibited under any of the following laws, 
or to supersede, restrict, or limit the application of such laws:
            (1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
            (2) The Voting Accessibility for the Elderly and Handicapped 
        Act (42 U.S.C. 1973ee et seq.).
            (3) The Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff et seq.).
            (4) The National Voter Registration Act of 1993 (42 U.S.C. 
        1973gg et seq.).
            (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
            (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

[[Page 116 STAT. 1730]]

    (b) No Effect on Preclearance or Other Requirements Under Voting 
Rights Act.--The approval by the Administrator or the Commission of a 
payment or grant application under title I or title II, or any other 
action taken by the Commission or a State under such title, shall not be 
considered to have any effect on requirements for preclearance under 
section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c) or any 
other requirements of such Act.

    Approved October 29, 2002.

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

HOUSE REPORTS: Nos. 107-329, Pt. 1 (Comm. on House Administration) and 
107-730 (Comm. of Conference).
CONGRESSIONAL RECORD:
                                                        Vol. 147 (2001):
                                    Dec. 12, considered and passed 
                                        House.
                                                        Vol. 148 (2002):
                                    Apr. 11, considered and passed 
                                        Senate, amended, in lieu of S. 
                                        565.
                                    Oct. 10, House agreed to conference 
                                        report.
                                    Oct. 15, 16, Senate considered, 
                                        receded from its amendment, and 
                                        agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Oct. 29, Presidential remarks and statement.

                                  <all>
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