H. R. 3295 

One Hundred Seventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the twenty-third day of January, two thousand and two 

An Act 

To establish a program to provide funds to States to replace punch card voting 

systems, to establish the Election Assistance Commission to assist in the administration of Federal elections and to otherwise provide assistance with the administration of certain Federal election laws and programs, to establish minimum 

election administration standards for States and units of local government with 

responsibility for the administration of Federal elections, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Help America 

Vote Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

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

MACHINES 

Sec. 101. Payments to States for activities to improve administration of elections. 

Sec. 102. Replacement of punch card or lever voting machines. 

Sec. 103. Guaranteed minimum payment amount.

Sec. 104. Authorization of appropriations. 

Sec. 105. Administration of programs. 

Sec. 106. Effective date. 

TITLE II—COMMISSION 

Subtitle A—Establishment and General Organization 

PART 1—ELECTION ASSISTANCE COMMISSION 

Sec. 201. Establishment. 

Sec. 202. Duties. 

Sec. 203. Membership and appointment. 

Sec. 204. Staff. 

Sec. 205. Powers. 

Sec. 206. Dissemination of information. 

Sec. 207. Annual report. 

Sec. 208. Requiring majority approval for actions. 

Sec. 209. Limitation on rulemaking authority. 

Sec. 210. Authorization of appropriations. 

PART 2—ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF 

ADVISORS 

Sec. 211. Establishment. 

Sec. 212. Duties. 

Sec. 213. Membership of Standards Board. 

Sec. 214. Membership of Board of Advisors. 

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

Sec. 216. Status of Boards and members for purposes of claims against Board. 
H. R. 3295—2 

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. 

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

ACCESS FOR INDIVIDUALS WITH DISABILITIES 

Sec. 258. Reports. 

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. 
H. R. 3295—3 

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

Subtitle B—Voluntary Guidance 

Sec. 311. Adoption of voluntary guidance by Commission.

Sec. 312. Process for adoption. 

TITLE IV—ENFORCEMENT 

Sec. 401. Actions by the Attorney General for declaratory and injunctive relief.

Sec. 402. Establishment of State-based administrative complaint procedures to 

remedy grievances. 

TITLE V—HELP AMERICA VOTE COLLEGE PROGRAM 

Sec. 501. Establishment of program.

Sec. 502. Activities under program.

Sec. 503. Authorization of appropriations. 

TITLE VI—HELP AMERICA VOTE FOUNDATION 

Sec. 601. Help America Vote Foundation. 

TITLE VII—VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS 

CITIZENS 

Sec. 701. Voting assistance programs.

Sec. 702. Designation of single State office to provide information on registration 

and absentee ballots for all voters in State. 

Sec. 703. Report on absentee ballots transmitted and received after general elections. 

Sec. 704. Extension of period covered by single absentee ballot application.

Sec. 705. Additional duties of Presidential designee under Uniformed and Overseas 

Citizens Absentee Voting Act. Sec. 706. Prohibition of refusal of voter registration and absentee ballot applications on grounds of early submission. Sec. 707. Other requirements to promote participation of overseas and absent uniformed services voters. 

TITLE VIII—TRANSITION PROVISIONS 

Subtitle A—Transfer to Commission of Functions Under Certain Laws 

Sec. 801. Federal Election Campaign Act of 1971.

Sec. 802. National Voter Registration Act of 1993.

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

Sec. 804. Effective date; transition. 

Subtitle B—Coverage of Commission Under Certain Laws and Programs 

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

Sec. 812. Coverage under Inspector General Act of 1978. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. State defined. 

Sec. 902. Audits and repayment of funds.

Sec. 903. Clarification of ability of election officials to remove registrants from official list of voters on grounds of change of residence. Sec. 904. Review and report on adequacy of existing electoral fraud statutes and 

penalties. Sec. 905. Other criminal penalties.

Sec. 906. No effect on other laws. 

TITLE I—PAYMENTS TO STATES FOR 

ELECTION ADMINISTRATION IMPROVEMENTS AND REPLACEMENT OF 

PUNCH CARD AND LEVER VOTING MACHINES 

SEC. 101. PAYMENTS TO STATES FOR ACTIVITIES TO IMPROVE 

ADMINISTRATION OF ELECTIONS. 

(a) IN GENERAL.—Not later than 45 days after the date of 

the enactment of this Act, the Administrator of General Services
H. R. 3295—4 

(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 
H. R. 3295—5 

the voting age population proportion amount described in paragraph (3). 

(2) MINIMUM PAYMENT AMOUNT.—The minimum payment 

amount described in this paragraph is— 

(A) in the case of any of the several States or the 

District of Columbia, one-half of 1 percent of the aggregate 

amount made available for payments under this section; 

and 

(B) in the case of the Commonwealth of Puerto Rico, 

Guam, American Samoa, or the United States Virgin 

Islands, one-tenth of 1 percent of such aggregate amount. 

(3) VOTING AGE POPULATION PROPORTION AMOUNT.—The 

voting age population proportion amount described in this paragraph is the product of— 

(A) the aggregate amount made available for payments 

under this section minus the total of all of the minimum 

payment amounts determined under paragraph (2); and 

(B) the voting age population proportion for the State 

(as defined in paragraph (4)). 

(4) VOTING AGE POPULATION PROPORTION DEFINED.—The 

term ‘‘voting age population proportion’’ means, with respect 

to a State, the amount equal to the quotient of— 

(A) the voting age population of the State (as reported 

in the most recent decennial census); and 

(B) the total voting age population of all States (as 

reported in the most recent decennial census). 

SEC. 102. REPLACEMENT OF PUNCH CARD OR LEVER VOTING 

MACHINES. 

(a) ESTABLISHMENT OF PROGRAM.— 

(1) IN GENERAL.—Not later than 45 days after the date 

of the enactment of this Act, the Administrator shall establish 

a program under which the Administrator shall make a payment to each State eligible under subsection (b) in which a 

precinct within that State used a punch card voting system 

or a lever voting system to administer the regularly scheduled 

general election for Federal office held in November 2000 (in 

this section referred to as a ‘‘qualifying precinct’’). 

(2) USE OF FUNDS.—A State shall use the funds provided 

under a payment under this section (either directly or as 

reimbursement, including as reimbursement for costs incurred 

on or after January 1, 2001, under multiyear contracts) to 

replace punch card voting systems or lever voting systems 

(as the case may be) in qualifying precincts within that State 

with a voting system (by purchase, lease, or such other arrangement as may be appropriate) that— 

(A) does not use punch cards or levers; 

(B) is not inconsistent with the requirements of the 

laws described in section 906; and 

(C) meets the requirements of section 301. 

(3) DEADLINE.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), a State receiving a payment under the program under 

this section shall ensure that all of the punch card voting 

systems or lever voting systems in the qualifying precincts 
H. R. 3295—6 

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 pro- gram under this section fails to meet the deadline applicable 
H. R. 3295—7 

to the State under subsection (a)(3), the State shall pay to 

the Administrator an amount equal to the noncompliant precinct percentage of the amount of the funds provided to the 

State under the program. 

(2) NONCOMPLIANT PRECINCT PERCENTAGE DEFINED.—In 

this subsection, the term ‘‘noncompliant precinct percentage’’ 

means, with respect to a State, the amount (expressed as a 

percentage) equal to the quotient of— 

(A) the number of qualifying precincts within the State 

for which the State failed to meet the applicable deadline; 

and 

(B) the total number of qualifying precincts in the 

State. 

(e) PUNCH CARD VOTING SYSTEM DEFINED.—For purposes of 

this section, a ‘‘punch card voting system’’ includes any of the 

following voting systems: 

(1) C.E.S. 

(2) Datavote. 

(3) PBC Counter. 

(4) Pollstar. 

(5) Punch Card. 

(6) Vote Recorder. 

(7) Votomatic. 

SEC. 103. GUARANTEED MINIMUM PAYMENT AMOUNT. 

(a) IN GENERAL.—In addition to any other payments made 

under this title, the Administrator shall make a payment to each 

State to which a payment is made under either section 101 or 

102 and with respect to which the aggregate amount paid under 

such sections is less than $5,000,000 in an amount equal to the 

difference between the aggregate amount paid to the State under 

sections 101 and 102 and $5,000,000. In the case of the Commonwealth of Puerto Rico, Guam, American Samoa, and the United 

States Virgin Islands, the previous sentence shall be applied as 

if each reference to ‘‘$5,000,000’’ were a reference to ‘‘$1,000,000’’. 

(b) PRO RATA REDUCTIONS.—The Administrator shall make such 

pro rata reductions to the amounts described in sections 101(d) 

and 102(c) as are necessary to comply with the requirements of 

subsection (a). 

SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated for 

payments under this title $650,000,000, of which— 

(1) 50 percent shall be for payments under section 101; 

and 

(2) 50 percent shall be for payments under section 102. 

(b) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRIATION.—Any payment made to a State under this title shall be 

available to the State without fiscal year limitation (subject to 

subsection (c)(2)(B)). 

(c) USE OF RETURNED FUNDS AND FUNDS REMAINING UNEXPENDED FOR REQUIREMENTS PAYMENTS.— (1) IN GENERAL.—The amounts described in paragraph (2) 

shall be transferred to the Election Assistance Commission 

(established under title II) and used by the Commission to 

make requirements payments under part 1 of subtitle D of 

title II. 
H. R. 3295—8 

(2) AMOUNTS DESCRIBED.—The amounts referred to in this 

paragraph are as follows: 

(A) Any amounts paid to the Administrator by a State 

under section 102(d)(1). 

(B) Any amounts appropriated for payments under this 

title which remain unobligated as of September 1, 2003. 

(d) DEPOSIT OF AMOUNTS IN STATE ELECTION FUND.—When 

a State has established an election fund described in section 254(b), 

the State shall ensure that any funds provided to the State under 

this title are deposited and maintained in such fund. 

(e) AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATOR.— 

In addition to the amounts authorized under subsection (a), there 

are authorized to be appropriated to the Administrator such sums 

as may be necessary to administer the programs under this title. 

SEC. 105. ADMINISTRATION OF PROGRAMS. 

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

SEC. 106. EFFECTIVE DATE. 

The Administrator shall implement the programs established 

under this title in a manner that ensures that the Administrator 

is able to make payments under the program not later than the 

expiration of the 45-day period which begins on the date of the 

enactment of this Act. 

TITLE II—COMMISSION 

Subtitle A—Establishment and General 

Organization 

PART 1—ELECTION ASSISTANCE COMMISSION 

SEC. 201. ESTABLISHMENT. 

There is hereby established as an independent entity the Election Assistance Commission (hereafter in this title referred to as 

the ‘‘Commission’’), consisting of the members appointed under this 

part. Additionally, there is established the Election Assistance 

Commission Standards Board (including the Executive Board of 

such Board) and the Election Assistance Commission Board of 

Advisors under part 2 (hereafter in this part referred to as the 

‘‘Standards Board’’ and the ‘‘Board of Advisors’’, respectively) and 

the Technical Guidelines Development Committee under part 3. 

SEC. 202. DUTIES. 

The Commission shall serve as a national clearinghouse and 

resource for the compilation of information and review of procedures 

with respect to the administration of Federal elections by— (1) carrying out the duties described in part 3 (relating 

to the adoption of voluntary voting system guidelines), including 

the maintenance of a clearinghouse of information on the 

experiences of State and local governments in implementing 

the guidelines and in operating voting systems in general; 
H. R. 3295—9 

(2) carrying out the duties described in subtitle B (relating 

to the testing, certification, decertification, and recertification 

of voting system hardware and software); 

(3) carrying out the duties described in subtitle C (relating 

to conducting studies and carrying out other activities to promote the effective administration of Federal elections); 

(4) carrying out the duties described in subtitle D (relating 

to election assistance), and providing information and training 

on the management of the payments and grants provided under 

such subtitle; 

(5) carrying out the duties described in subtitle B of title 

III (relating to the adoption of voluntary guidance); and 

(6) developing and carrying out the Help America Vote 

College Program under title V. 

SEC. 203. MEMBERSHIP AND APPOINTMENT. 

(a) MEMBERSHIP.— 

(1) IN GENERAL.—The Commission shall have four members 

appointed by the President, by and with the advice and consent 

of the Senate. 

(2) RECOMMENDATIONS.—Before the initial appointment of 

the members of the Commission and before the appointment 

of any individual to fill a vacancy on the Commission, the 

Majority Leader of the Senate, the Speaker of the House of 

Representatives, the Minority Leader of the Senate, and the 

Minority Leader of the House of Representatives shall each 

submit to the President a candidate recommendation with 

respect to each vacancy on the Commission affiliated with 

the political party of the Member of Congress involved. 

(3) QUALIFICATIONS.—Each member of the Commission 

shall have experience with or expertise in election administration or the study of elections. 

(4) DATE OF APPOINTMENT.—The appointments of the members of the Commission shall be made not later than 120 

days after the date of the enactment of this Act. 

(b) TERM OF SERVICE.— 

(1) IN GENERAL.—Except as provided in paragraphs (2) 

and (3), members shall serve for a term of 4 years and may 

be reappointed for not more than one additional term. 

(2) TERMS OF INITIAL APPOINTEES.—As designated by the 

President at the time of nomination, of the members first 

appointed— 

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

may be affiliated with the same political party) shall be 

appointed for a term of 2 years; and 

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

may be affiliated with the same political party) shall be 

appointed for a term of 4 years. 

(3) VACANCIES.— 

(A) IN GENERAL.—A vacancy on the Commission shall 

be filled in the manner in which the original appointment 

was made and shall be subject to any conditions which 

applied with respect to the original appointment. 

(B) EXPIRED TERMS.—A member of the Commission 

shall serve on the Commission after the expiration of the 

member’s term until the successor of such member has 

taken office as a member of the Commission. 
H. R. 3295—10 

(C) UNEXPIRED TERMS.—An individual appointed to fill 

a vacancy shall be appointed for the unexpired term of 

the member replaced. 

(c) CHAIR AND VICE CHAIR.— 

(1) IN GENERAL.—The Commission shall select a chair and 

vice chair from among its members for a term of 1 year, 

except that the chair and vice chair may not be affiliated 

with the same political party. 

(2) NUMBER OF TERMS.—A member of the Commission may 

serve as the chairperson and vice chairperson for only 1 term 

each during the term of office to which such member is 

appointed. 

(d) COMPENSATION.— 

(1) IN GENERAL.—Each member of the Commission shall 

be compensated at the annual rate of basic pay prescribed 

for level IV of the Executive Schedule under section 5315 of 

title 5, United States Code. 

(2) OTHER ACTIVITIES.—No member appointed to the 

Commission under subsection (a) may engage in any other 

business, vocation, or employment while serving as a member 

of the Commission and shall terminate or liquidate such business, vocation, or employment before sitting as a member of 

the Commission. 

SEC. 204. STAFF. 

(a) EXECUTIVE DIRECTOR, GENERAL COUNSEL, AND OTHER 

STAFF.— 

(1) EXECUTIVE DIRECTOR.—The Commission shall have an 

Executive Director, who shall be paid at a rate not to exceed 

the rate of basic pay for level V of the Executive Schedule 

under section 5316 of title 5, United States Code. 

(2) TERM OF SERVICE FOR EXECUTIVE DIRECTOR.—The 

Executive Director shall serve for a term of 4 years. An Executive Director may serve for a longer period only if reappointed 

for an additional term or terms by a vote of the Commission. 

(3) PROCEDURE FOR APPOINTMENT.— 

(A) IN GENERAL.—When a vacancy exists in the position 

of the Executive Director, the Standards Board and the 

Board of Advisors shall each appoint a search committee 

to recommend at least three nominees for the position. 

(B) REQUIRING CONSIDERATION OF NOMINEES.—Except 

as provided in subparagraph (C), the Commission shall 

consider the nominees recommended by the Standards 

Board and the Board of Advisors in appointing the Executive Director. 

(C) INTERIM SERVICE OF GENERAL COUNSEL.—If a 

vacancy exists in the position of the Executive Director, 

the General Counsel of the Commission shall serve as 

the acting Executive Director until the Commission 

appoints a new Executive Director in accordance with this 

paragraph. 

(D) SPECIAL RULES FOR INTERIM EXECUTIVE 

DIRECTOR.— 

(i) CONVENING OF SEARCH COMMITTEES.—The 

Standards Board and the Board of Advisors shall each 

appoint a search committee and recommend nominees 

for the position of Executive Director in accordance 
H. R. 3295—11 

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. 
H. R. 3295—12 

SEC. 205. POWERS. 

(a) HEARINGS AND SESSIONS.—The Commission may hold such 

hearings for the purpose of carrying out this Act, sit and act 

at such times and places, take such testimony, and receive such 

evidence as the Commission considers advisable to carry out this 

Act. The Commission may administer oaths and affirmations to 

witnesses appearing before the Commission. 

(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission 

may secure directly from any Federal department or agency such 

information as the Commission considers necessary to carry out 

this Act. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission. 

(c) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as other departments and agencies of the Federal Government. 

(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of 

the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative 

support services that are necessary to enable the Commission to 

carry out its duties under this Act. 

(e) CONTRACTS.—The Commission may contract with and compensate persons and Federal agencies for supplies and services 

without regard to section 3709 of the Revised Statutes of the United 

States (41 U.S.C. 5). 

SEC. 206. DISSEMINATION OF INFORMATION. 

In carrying out its duties, the Commission shall, on an ongoing 

basis, disseminate to the public (through the Internet, published 

reports, and such other methods as the Commission considers appropriate) in a manner that is consistent with the requirements of 

chapter 19 of title 44, United States Code, information on the 

activities carried out under this Act. 

SEC. 207. ANNUAL REPORT. 

Not later than January 31 of each year (beginning with 2004), 

the Commission shall submit a report to the Committee on House 

Administration of the House of Representatives and the Committee 

on Rules and Administration of the Senate detailing its activities 

during the fiscal year which ended on September 30 of the previous 

calendar year, and shall include in the report the following information: 

(1) A detailed description of activities conducted with 

respect to each program carried out by the Commission under 

this Act, including information on each grant or other payment 

made under such programs. 

(2) A copy of each report submitted to the Commission 

by a recipient of such grants or payments which is required 

under such a program, including reports submitted by States 

receiving requirements payments under part 1 of subtitle D, 

and each other report submitted to the Commission under 

this Act. 

(3) Information on the voluntary voting system guidelines 

adopted or modified by the Commission under part 3 and 

information on the voluntary guidance adopted under subtitle 

B of title III. 

(4) All votes taken by the Commission. 
H. R. 3295—13 

(5) Such other information and recommendations as the 

Commission considers appropriate. 

SEC. 208. REQUIRING MAJORITY APPROVAL FOR ACTIONS. 

Any action which the Commission is authorized to carry out 

under this Act may be carried out only with the approval of at 

least three of its members. 

SEC. 209. LIMITATION ON RULEMAKING AUTHORITY. 

The Commission shall not have any authority to issue any 

rule, promulgate any regulation, or take any other action which 

imposes any requirement on any State or unit of local government, 

except to the extent permitted under section 9(a) of the National 

Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)). 

SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

In addition to the amounts authorized for payments and grants 

under this title and the amounts authorized to be appropriated 

for the program under section 503, there are authorized to be 

appropriated for each of the fiscal years 2003 through 2005 such 

sums as may be necessary (but not to exceed $10,000,000 for each 

such year) for the Commission to carry out this title. 

PART 2—ELECTION ASSISTANCE COMMISSION 

STANDARDS BOARD AND BOARD OF ADVISORS 

SEC. 211. ESTABLISHMENT. 

There are hereby established the Election Assistance Commission Standards Board (hereafter in this title referred to as the 

‘‘Standards Board’’) and the Election Assistance Commission Board 

of Advisors (hereafter in this title referred to as the ‘‘Board of 

Advisors’’). 

SEC. 212. DUTIES. 

The Standards Board and the Board of Advisors shall each, 

in accordance with the procedures described in part 3, review the 

voluntary voting system guidelines under such part, the voluntary 

guidance under title III, and the best practices recommendations 

contained in the report submitted under section 242(b). 

SEC. 213. MEMBERSHIP OF STANDARDS BOARD. 

(a) COMPOSITION.— 

(1) IN GENERAL.—Subject to certification by the chair of 

the Federal Election Commission under subsection (b), the 

Standards Board shall be composed of 110 members as follows: 

(A) Fifty-five shall be State election officials selected 

by the chief State election official of each State. 

(B) Fifty-five shall be local election officials selected 

in accordance with paragraph (2). 

(2) LIST OF LOCAL ELECTION OFFICIALS.—Each State’s local 

election officials, including the local election officials of Puerto 

Rico and the United States Virgin Islands, shall select (under 

a process supervised by the chief election official of the State) 

a representative local election official from the State for pur- poses of paragraph (1)(B). In the case of the District of 

Columbia, Guam, and American Samoa, the chief election offi- cial shall establish a procedure for selecting an individual to 

serve as a local election official for purposes of such paragraph, 
H. R. 3295—14 

except that under such a procedure the individual selected 

may not be a member of the same political party as the chief 

election official. 

(3) REQUIRING MIX OF POLITICAL PARTIES REPRESENTED.— 

The two members of the Standards Board who represent the 

same State may not be members of the same political party. 

(b) PROCEDURES FOR NOTICE AND CERTIFICATION OF APPOINTMENT.— 

(1) NOTICE TO CHAIR OF FEDERAL ELECTION COMMISSION.— 

Not later than 90 days after the date of the enactment of 

this Act, the chief State election official of the State shall 

transmit a notice to the chair of the Federal Election Commission containing— 

(A) the name of the State election official who agrees 

to serve on the Standards Board under this title; and 

(B) the name of the representative local election official 

from the State selected under subsection (a)(2) who agrees 

to serve on the Standards Board under this title. 

(2) CERTIFICATION.—Upon receiving a notice from a State 

under paragraph (1), the chair of the Federal Election Commission shall publish a certification that the selected State election 

official and the representative local election official are 

appointed as members of the Standards Board under this title. 

(3) EFFECT OF FAILURE TO PROVIDE NOTICE.—If a State 

does not transmit a notice to the chair of the Federal Election 

Commission under paragraph (1) within the deadline described 

in such paragraph, no representative from the State may 

participate in the selection of the initial Executive Board under 

subsection (c). 

(4) ROLE OF COMMISSION.—Upon the appointment of the 

members of the Election Assistance Commission, the Election 

Assistance Commission shall carry out the duties of the Federal 

Election Commission under this subsection. 

(c) EXECUTIVE BOARD.— 

(1) IN GENERAL.—Not later than 60 days after the last 

day on which the appointment of any of its members may 

be certified under subsection (b), the Standards Board shall 

select nine of its members to serve as the Executive Board 

of the Standards Board, of whom— 

(A) not more than five may be State election officials; 

(B) not more than five may be local election officials; 

and 

(C) not more than five may be members of the same 

political party. 

(2) TERMS.—Except as provided in paragraph (3), members 

of the Executive Board of the Standards Board shall serve 

for a term of 2 years and may not serve for more than 3 

consecutive terms. 

(3) STAGGERING OF INITIAL TERMS.—Of the members first 

selected to serve on the Executive Board of the Standards 

Board— 

(A) three shall serve for 1 term; 

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

(C) three shall serve for 3 consecutive terms, 

as determined by lot at the time the members are first 

appointed. 
H. R. 3295—15 

(4) DUTIES.—In addition to any other duties assigned under 

this title, the Executive Board of the Standards Board may 

carry out such duties of the Standards Board as the Standards 

Board may delegate. 

SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS. 

(a) IN GENERAL.—The Board of Advisors shall be composed 

of 37 members appointed as follows: 

(1) Two members appointed by the National Governors 

Association. 

(2) Two members appointed by the National Conference 

of State Legislatures. 

(3) Two members appointed by the National Association 

of Secretaries of State. 

(4) Two members appointed by the National Association 

of State Election Directors. 

(5) Two members appointed by the National Association 

of Counties. 

(6) Two members appointed by the National Association 

of County Recorders, Election Administrators, and Clerks. 

(7) Two members appointed by the United States Con- ference of Mayors. 

(8) Two members appointed by the Election Center. 

(9) Two members appointed by the International Associa- tion of County Recorders, Election Officials, and Treasurers. 

(10) Two members appointed by the United States Commis- sion 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. 
H. R. 3295—16 

Any vacancy in the Board of Advisors shall be filled in the manner 

in which the original appointment was made. 

(d) CHAIR.—The Board of Advisors shall elect a Chair from 

among its members. 

SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE. 

(a) HEARINGS AND SESSIONS.— (1) IN GENERAL.—To the extent that funds are made avail- able 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 advis- able 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 pur- poses of voting on the voluntary voting system guidelines 

referred to it under section 222; 

(B) in the case of the Standards Board, not less fre- quently 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 con- siders 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 Stand- ards Board and members of the Board of Advisors shall not receive 

any compensation for their service, but shall be paid travel 

expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 

of title 5, United States Code, while away from their homes or 

regular places of business in the performance of services for the 

Board. 

SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF 

CLAIMS AGAINST BOARD. 

(a) IN GENERAL.—The provisions of chapters 161 and 171 of 

title 28, United States Code, shall apply with respect to the liability 
H. R. 3295—17 

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 CON- DUCT.—Subsection (a) may not be construed to limit personal 

liability for criminal acts or omissions, willful or malicious mis- conduct, acts or omissions for private gain, or any other act or 

omission outside the scope of the service of a member of the Stand- ards Board or the Board of Advisors. 

PART 3—TECHNICAL GUIDELINES 

DEVELOPMENT COMMITTEE 

SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE. 

(a) ESTABLISHMENT.—There is hereby established the Technical 

Guidelines Development Committee (hereafter in this part referred 

to as the ‘‘Development Committee’’). 

(b) DUTIES.— (1) IN GENERAL.—The Development Committee shall assist 

the Executive Director of the Commission in the development 

of the voluntary voting system guidelines. 

(2) DEADLINE FOR INITIAL SET OF RECOMMENDATIONS.— The Development Committee shall provide its first set of rec- ommendations 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 Commis- sion 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 Transpor- tation Barrier Compliance Board under section 502 

of the Rehabilitation Act of 1973 (29 U.S.C. 792). 

(B) A representative of the American National Stand- ards 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 
H. R. 3295—18 

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

while away from their homes or regular places of business in 

the performance of services for the Development Committee. 

(e) TECHNICAL SUPPORT FROM NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 

(1) IN GENERAL.—At the request of the Development Committee, the Director of the National Institute of Standards 

and Technology shall provide the Development Committee with 

technical support necessary for the Development Committee 

to carry out its duties under this subtitle. 

(2) TECHNICAL SUPPORT.—The technical support provided 

under paragraph (1) shall include intramural research and 

development in areas to support the development of the voluntary voting system guidelines under this part, including— 

(A) the security of computers, computer networks, and 

computer data storage used in voting systems, including 

the computerized list required under section 303(a); 

(B) methods to detect and prevent fraud; 

(C) the protection of voter privacy; 

(D) the role of human factors in the design and application of voting systems, including assistive technologies for 

individuals with disabilities (including blindness) and 

varying levels of literacy; and 

(E) remote access voting, including voting through the 

Internet. 

(3) NO PRIVATE SECTOR INTELLECTUAL PROPERTY RIGHTS 

IN GUIDELINES.—No private sector individual or entity shall 

obtain any intellectual property rights to any guideline or the 

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

adopted by the Commission under this Act. 

(f) PUBLICATION OF RECOMMENDATIONS IN FEDERAL REGISTER.— 

At the time the Commission adopts any voluntary voting system 

guideline pursuant to section 222, the Development Committee 

shall cause to have published in the Federal Register the recommendations it provided under this section to the Executive 

Director of the Commission concerning the guideline adopted. 

SEC. 222. PROCESS FOR ADOPTION. 

(a) GENERAL REQUIREMENT FOR NOTICE AND COMMENT.—Consistent with the requirements of this section, the final adoption 

of the voluntary voting system guidelines (or modification of such 

a guideline) shall be carried out by the Commission in a manner 

that provides for each of the following: 

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

Federal Register. 

(2) An opportunity for public comment on the proposed 

guidelines. 

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

(4) Publication of the final guidelines in the Federal Register. 

(b) CONSIDERATION OF RECOMMENDATIONS OF DEVELOPMENT 

COMMITTEE; SUBMISSION OF PROPOSED GUIDELINES TO BOARD OF 

ADVISORS AND STANDARDS BOARD.— 

(1) CONSIDERATION OF RECOMMENDATIONS OF DEVELOPMENT 

COMMITTEE.—In developing the voluntary voting system guidelines and modifications of such guidelines under this section, 
H. R. 3295—19 

the Executive Director of the Commission shall take into consideration the recommendations provided by the Technical Guidelines Development Committee under section 221. 

(2) BOARD OF ADVISORS.—The Executive Director of the 

Commission shall submit the guidelines proposed to be adopted 

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

the Board of Advisors. 

(3) STANDARDS BOARD.—The Executive Director of the 

Commission shall submit the guidelines proposed to be adopted 

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

the Executive Board of the Standards Board, which shall review 

the guidelines (or modifications) and forward its recommendations to the Standards Board. 

(c) REVIEW.—Upon receipt of voluntary voting system guidelines 

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

from the Executive Director of the Commission, the Board of 

Advisors and the Standards Board shall each review and submit 

comments and recommendations regarding the guideline (or modification) to the Commission. 

(d) FINAL ADOPTION.— 

(1) IN GENERAL.—A voluntary voting system guideline 

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

shall not be considered to be finally adopted by the Commission 

unless the Commission votes to approve the final adoption 

of the guideline (or modification), taking into consideration 

the comments and recommendations submitted by the Board 

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

(2) MINIMUM PERIOD FOR CONSIDERATION OF COMMENTS 

AND RECOMMENDATIONS.—The Commission may not vote on 

the final adoption of a guideline described in subsection (b) 

(or modification of such a guideline) until the expiration of 

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

Director of the Commission submits the proposed guideline 

(or modification) to the Board of Advisors and the Standards 

Board under subsection (b). 

(e) SPECIAL RULE FOR INITIAL SET OF GUIDELINES.—Notwithstanding any other provision of this part, the most recent set 

of voting system standards adopted by the Federal Election Commission prior to the date of the enactment of this Act shall be deemed 

to have been adopted by the Commission as of the date of the 

enactment of this Act as the first set of voluntary voting system 

guidelines adopted under this part. 

Subtitle B—Testing, Certification, Decertification, and Recertification of Voting 

System Hardware and Software 

SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS. 

(a) CERTIFICATION AND TESTING.— 

(1) IN GENERAL.—The Commission shall provide for the 

testing, certification, decertification, and recertification of 

voting system hardware and software by accredited laboratories. 
H. R. 3295—20 

(2) OPTIONAL USE BY STATES.—At the option of a State, 

the State may provide for the testing, certification, decertification, or recertification of its voting system hardware and software by the laboratories accredited by the Commission under 

this section. 

(b) LABORATORY ACCREDITATION.— 

(1) RECOMMENDATIONS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—Not later than 6 months after the 

Commission first adopts voluntary voting system guidelines 

under part 3 of subtitle A, the Director of the National Institute 

of Standards and Technology shall conduct an evaluation of 

independent, non-Federal laboratories and shall submit to the 

Commission a list of those laboratories the Director proposes 

to be accredited to carry out the testing, certification, decertification, and recertification provided for under this section. 

(2) APPROVAL BY COMMISSION.— 

(A) IN GENERAL.—The Commission shall vote on the 

accreditation of any laboratory under this section, taking 

into consideration the list submitted under paragraph (1), 

and no laboratory may be accredited for purposes of this 

section unless its accreditation is approved by a vote of 

the Commission. 

(B) ACCREDITATION OF LABORATORIES NOT ON DIRECTOR 

LIST.—The Commission shall publish an explanation for 

the accreditation of any laboratory not included on the 

list submitted by the Director of the National Institute 

of Standards and Technology under paragraph (1). 

(c) CONTINUING REVIEW BY NATIONAL INSTITUTE OF STANDARDS 

AND TECHNOLOGY.— 

(1) IN GENERAL.—In cooperation with the Commission and 

in consultation with the Standards Board and the Board of 

Advisors, the Director of the National Institute of Standards 

and Technology shall monitor and review, on an ongoing basis, 

the performance of the laboratories accredited by the Commission under this section, and shall make such recommendations 

to the Commission as it considers appropriate with respect 

to the continuing accreditation of such laboratories, including 

recommendations to revoke the accreditation of any such laboratory. 

(2) APPROVAL BY COMMISSION REQUIRED FOR REVOCATION.— 

The accreditation of a laboratory for purposes of this section 

may not be revoked unless the revocation is approved by a 

vote of the Commission. 

(d) TRANSITION.—Until such time as the Commission provides 

for the testing, certification, decertification, and recertification of 

voting system hardware and software by accredited laboratories 

under this section, the accreditation of laboratories and the procedure for the testing, certification, decertification, and recertification 

of voting system hardware and software used as of the date of 

the enactment of this Act shall remain in effect. 
H. R. 3295—21 

Subtitle C—Studies and Other Activities 

To Promote Effective Administration of 

Federal Elections 

SEC. 241. PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES. 

(a) IN GENERAL.—On such periodic basis as the Commission 

may determine, the Commission shall conduct and make available 

to the public studies regarding the election administration issues 

described in subsection (b), with the goal of promoting methods 

of voting and administering elections which— 

(1) will be the most convenient, accessible, and easy to 

use for voters, including members of the uniformed services 

and overseas voters, individuals with disabilities, including the 

blind and visually impaired, and voters with limited proficiency 

in the English language; 

(2) will yield the most accurate, secure, and expeditious 

system for voting and tabulating election results; 

(3) will be nondiscriminatory and afford each registered 

and eligible voter an equal opportunity to vote and to have 

that vote counted; and 

(4) will be efficient and cost-effective for use. 

(b) ELECTION ADMINISTRATION ISSUES DESCRIBED.—For purposes of subsection (a), the election administration issues described 

in this subsection are as follows: 

(1) Methods and mechanisms of election technology and 

voting systems used in voting and counting votes in elections 

for Federal office, including the over-vote and under-vote 

notification capabilities of such technology and systems. 

(2) Ballot designs for elections for Federal office. 

(3) Methods of voter registration, maintaining secure and 

accurate lists of registered voters (including the establishment 

of a centralized, interactive, statewide voter registration list 

linked to relevant agencies and all polling sites), and ensuring 

that registered voters appear on the voter registration list 

at the appropriate polling site. 

(4) Methods of conducting provisional voting. 

(5) Methods of ensuring the accessibility of voting, registration, polling places, and voting equipment to all voters, 

including individuals with disabilities (including the blind and 

visually impaired), Native American or Alaska Native citizens, 

and voters with limited proficiency in the English language. 

(6) Nationwide statistics and methods of identifying, deterring, and investigating voting fraud in elections for Federal 

office. 

(7) Identifying, deterring, and investigating methods of 

voter intimidation. 

(8) Methods of recruiting, training, and improving the 

performance of poll workers. 

(9) Methods of educating voters about the process of registering to vote and voting, the operation of voting mechanisms, 

the location of polling places, and all other aspects of participating in elections. 

(10) The feasibility and advisability of conducting elections 

for Federal office on different days, at different places, and 
H. R. 3295—22 

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 con- tests 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 lan- guages and who have limited English proficiency. 

(15) Matters particularly relevant to voting and admin- istering elections in rural and urban areas. 

(16) Methods of voter registration for members of the uni- formed 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. 
H. R. 3295—23 

SEC. 242. STUDY, REPORT, AND RECOMMENDATIONS ON BEST PRACTICES FOR FACILITATING MILITARY AND OVERSEAS 

VOTING. 

(a) STUDY.— (1) IN GENERAL.—The Commission, in consultation with 

the Secretary of Defense, shall conduct a study on the best 

practices for facilitating voting by absent uniformed services 

voters (as defined in section 107(1) of the Uniformed and Over- seas Citizens Absentee Voting Act) and overseas voters (as 

defined in section 107(5) of such Act). 

(2) ISSUES CONSIDERED.—In conducting the study under 

paragraph (1) the Commission shall consider the following 

issues: 

(A) The rights of residence of uniformed services voters 

absent due to military orders. 

(B) The rights of absent uniformed services voters and 

overseas voters to register to vote and cast absentee ballots, 

including the right of such voters to cast a secret ballot. 

(C) The rights of absent uniformed services voters and 

overseas voters to submit absentee ballot applications early 

during an election year. 

(D) The appropriate preelection deadline for mailing 

absentee ballots to absent uniformed services voters and 

overseas voters. 

(E) The appropriate minimum period between the 

mailing of absentee ballots to absent uniformed services 

voters and overseas voters and the deadline for receipt 

of such ballots. 

(F) The timely transmission of balloting materials to 

absent uniformed services voters and overseas voters. 

(G) Security and privacy concerns in the transmission, 

receipt, and processing of ballots from absent uniformed 

services voters and overseas voters, including the need 

to protect against fraud. 

(H) The use of a single application by absent uniformed 

services voters and overseas voters for absentee ballots 

for all Federal elections occurring during a year. 

(I) The use of a single application for voter registration 

and absentee ballots by absent uniformed services voters 

and overseas voters. 

(J) The use of facsimile machines and electronic means 

of transmission of absentee ballot applications and absentee 

ballots to absent uniformed services voters and overseas 

voters. 

(K) Other issues related to the rights of absent uniformed services voters and overseas voters to participate 

in elections. 

(b) REPORT AND RECOMMENDATIONS.—Not later than the date 

that is 18 months after the date of the enactment of this Act, 

the Commission shall submit to the President and Congress a 

report on the study conducted under subsection (a)(1) together 

with recommendations identifying the best practices used with 

respect to the issues considered under subsection (a)(2). 

SEC. 243. REPORT ON HUMAN FACTOR RESEARCH. 

Not later than 1 year after the date of the enactment of this 

Act, the Commission, in consultation with the Director of the 
H. R. 3295—24 

National Institute of Standards and Technology, shall submit a 

report to Congress which assesses the areas of human factor 

research, including usability engineering and human-computer and 

human-machine interaction, which feasibly could be applied to 

voting products and systems design to ensure the usability and 

accuracy of voting products and systems, including methods to 

improve access for individuals with disabilities (including blindness) 

and individuals with limited proficiency in the English language 

and to reduce voter error and the number of spoiled ballots in 

elections. 

SEC. 244. STUDY AND REPORT ON VOTERS WHO REGISTER BY MAIL 

AND USE OF SOCIAL SECURITY INFORMATION. 

(a) REGISTRATION BY MAIL.— 

(1) STUDY.— 

(A) IN GENERAL.—The Commission shall conduct a 

study of the impact of section 303(b) on voters who register 

by mail. 

(B) SPECIFIC ISSUES STUDIED.—The study conducted 

under subparagraph (A) shall include— 

(i) an examination of the impact of section 303(b) 

on first time mail registrant voters who vote in person, 

including the impact of such section on voter registration; 

(ii) an examination of the impact of such section 

on the accuracy of voter rolls, including preventing 

ineligible names from being placed on voter rolls and 

ensuring that all eligible names are placed on voter 

rolls; and 

(iii) an analysis of the impact of such section on 

existing State practices, such as the use of signature 

verification or attestation procedures to verify the 

identity of voters in elections for Federal office, and 

an analysis of other changes that may be made to 

improve the voter registration process, such as 

verification or additional information on the registration card. 

(2) REPORT.—Not later than 18 months after the date on 

which section 303(b)(2) takes effect, the Commission shall 

submit a report to the President and Congress on the study 

conducted under paragraph (1)(A) together with such recommendations for administrative and legislative action as the 

Commission determines is appropriate. 

(b) USE OF SOCIAL SECURITY INFORMATION.—Not later than 

18 months after the date on which section 303(a)(5) takes effect, 

the Commission, in consultation with the Commissioner of Social 

Security, shall study and report to Congress on the feasibility 

and advisability of using Social Security identification numbers 

or other information compiled by the Social Security Administration 

to establish voter registration or other election law eligibility or 

identification requirements, including the matching of relevant 

information specific to an individual voter, the impact of such 

use on national security issues, and whether adequate safeguards 

or waiver procedures exist to protect the privacy of an individual 

voter. 
H. R. 3295—25 

SEC. 245. STUDY AND REPORT ON ELECTRONIC VOTING AND THE 

ELECTORAL PROCESS. 

(a) STUDY.— 

(1) IN GENERAL.—The Commission shall conduct a thorough 

study of issues and challenges, specifically to include the potential for election fraud, presented by incorporating communications and Internet technologies in the Federal, State, and local 

electoral process. 

(2) ISSUES TO BE STUDIED.—The Commission may include 

in the study conducted under paragraph (1) an examination 

of— 

(A) the appropriate security measures required and 

minimum standards for certification of systems or technologies in order to minimize the potential for fraud in 

voting or in the registration of qualified citizens to register 

and vote; 

(B) the possible methods, such as Internet or other 

communications technologies, that may be utilized in the 

electoral process, including the use of those technologies 

to register voters and enable citizens to vote online, and 

recommendations concerning statutes and rules to be 

adopted in order to implement an online or Internet system 

in the electoral process; 

(C) the impact that new communications or Internet 

technology systems for use in the electoral process could 

have on voter participation rates, voter education, public 

accessibility, potential external influences during the elections process, voter privacy and anonymity, and other 

issues related to the conduct and administration of elections; 

(D) whether other aspects of the electoral process, such 

as public availability of candidate information and citizen 

communication with candidates, could benefit from the 

increased use of online or Internet technologies; 

(E) the requirements for authorization of collection, 

storage, and processing of electronically generated and 

transmitted digital messages to permit any eligible person 

to register to vote or vote in an election, including applying 

for and casting an absentee ballot; 

(F) the implementation cost of an online or Internet 

voting or voter registration system and the costs of elections 

after implementation (including a comparison of total cost 

savings for the administration of the electoral process by 

using Internet technologies or systems); 

(G) identification of current and foreseeable online and 

Internet technologies for use in the registration of voters, 

for voting, or for the purpose of reducing election fraud, 

currently available or in use by election authorities; 

(H) the means by which to ensure and achieve equity 

of access to online or Internet voting or voter registration 

systems and address the fairness of such systems to all 

citizens; and 

(I) the impact of technology on the speed, timeliness, 

and accuracy of vote counts in Federal, State, and local 

elections. 

(b) REPORT.— 
H. R. 3295—26 

(1) SUBMISSION.—Not later than 20 months after the date 

of the enactment of this Act, the Commission shall transmit 

to the Committee on House Administration of the House of 

Representatives and the Committee on Rules and Administration of the Senate a report on the results of the study conducted 

under subsection (a), including such legislative recommendations or model State laws as are required to address the findings 

of the Commission. 

(2) INTERNET POSTING.—In addition to the dissemination 

requirements under chapter 19 of title 44, United States Code, 

the Election Administration Commission shall post the report 

transmitted under paragraph (1) on an Internet website. 

SEC. 246. STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE. 

(a) STUDY ON THE ESTABLISHMENT OF A FREE ABSENTEE BALLOT 

POSTAGE PROGRAM.— 

(1) IN GENERAL.—The Commission, in consultation with 

the Postal Service, shall conduct a study on the feasibility 

and advisability of the establishment of a program under which 

the Postal Service shall waive or otherwise reduce the amount 

of postage applicable with respect to absentee ballots submitted 

by voters in general elections for Federal office (other than 

balloting materials mailed under section 3406 of title 39, United 

States Code) that does not apply with respect to the postage 

required to send the absentee ballots to voters. 

(2) PUBLIC SURVEY.—As part of the study conducted under 

paragraph (1), the Commission shall conduct a survey of potential beneficiaries under the program described in such paragraph, including the elderly and disabled, and shall take into 

account the results of such survey in determining the feasibility 

and advisability of establishing such a program. 

(b) REPORT.— 

(1) SUBMISSION.—Not later than the date that is 1 year 

after the date of the enactment of this Act, the Commission 

shall submit to Congress a report on the study conducted under 

subsection (a)(1) together with recommendations for such legislative and administrative action as the Commission determines 

appropriate. 

(2) COSTS.—The report submitted under paragraph (1) shall 

contain an estimate of the costs of establishing the program 

described in subsection (a)(1). 

(3) IMPLEMENTATION.—The report submitted under paragraph (1) shall contain an analysis of the feasibility of implementing the program described in subsection (a)(1) with respect 

to the absentee ballots to be submitted in the general election 

for Federal office held in 2004. 

(4) RECOMMENDATIONS REGARDING THE ELDERLY AND DISABLED.—The report submitted under paragraph (1) shall— 

(A) include recommendations on ways that program 

described in subsection (a)(1) would target elderly individuals and individuals with disabilities; and 

(B) identify methods to increase the number of such 

individuals who vote in elections for Federal office. 

(c) POSTAL SERVICE DEFINED.—The term ‘‘Postal Service’’ means 

the United States Postal Service established under section 201 

of title 39, United States Code. 
H. R. 3295—27 

SEC. 247. CONSULTATION WITH STANDARDS BOARD AND BOARD OF 

ADVISORS. 

The Commission shall carry out its duties under this subtitle 

in consultation with the Standards Board and the Board of Advisors. 

Subtitle D—Election Assistance 

PART 1—REQUIREMENTS PAYMENTS 

SEC. 251. REQUIREMENTS PAYMENTS. 

(a) IN GENERAL.—The Commission shall make a requirements 

payment each year in an amount determined under section 252 

to each State which meets the conditions described in section 253 

for the year. 

(b) USE OF FUNDS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), a 

State receiving a requirements payment shall use the payment 

only to meet the requirements of title III. 

(2) OTHER ACTIVITIES.—A State may use a requirements 

payment to carry out other activities to improve the administration of elections for Federal office if the State certifies to the 

Commission that— 

(A) the State has implemented the requirements of 

title III; or 

(B) the amount expended with respect to such other 

activities does not exceed an amount equal to the minimum 

payment amount applicable to the State under section 

252(c). 

(c) RETROACTIVE PAYMENTS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

this subtitle, including the maintenance of effort requirements 

of section 254(a)(7), a State may use a requirements payment 

as a reimbursement for costs incurred in obtaining voting equipment which meets the requirements of section 301 if the State 

obtains the equipment after the regularly scheduled general 

election for Federal office held in November 2000. 

(2) SPECIAL RULE REGARDING MULTIYEAR CONTRACTS.—A 

State may use a requirements payment for any costs for voting 

equipment which meets the requirements of section 301 that, 

pursuant to a multiyear contract, were incurred on or after 

January 1, 2001, except that the amount that the State is 

otherwise required to contribute under the maintenance of 

effort requirements of section 254(a)(7) shall be increased by 

the amount of the payment made with respect to such multiyear 

contract. 

(d) ADOPTION OF COMMISSION GUIDELINES AND GUIDANCE NOT 

REQUIRED TO RECEIVE PAYMENT.—Nothing in this part may be 

construed to require a State to implement any of the voluntary 

voting system guidelines or any of the voluntary guidance adopted 

by the Commission with respect to any matter as a condition 

for receiving a requirements payment. 

(e) SCHEDULE OF PAYMENTS.—As soon as practicable after the 

initial appointment of all members of the Commission (but in no 

event later than 6 months thereafter), and not less frequently 

than once each calendar year thereafter, the Commission shall 

make requirements payments to States under this part. 
H. R. 3295—28 

(f) LIMITATION.—A State may not use any portion of a requirements payment— 

(1) to pay costs associated with any litigation, except to 

the extent that such costs otherwise constitute permitted uses 

of a requirements payment under this part; or 

(2) for the payment of any judgment. 

SEC. 252. ALLOCATION OF FUNDS. 

(a) IN GENERAL.—Subject to subsection (c), the amount of a 

requirements payment made to a State for a year shall be equal 

to the product of— (1) the total amount appropriated for requirements pay- ments for the year pursuant to the authorization under section 

257; and 

(2) the State allocation percentage for the State (as deter- mined 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, onetenth of 1 percent of such total amount. 

(d) PRO RATA REDUCTIONS.—The Administrator shall make 

such pro rata reductions to the allocations determined under subsection (a) as are necessary to comply with the requirements of 

subsection (c). 

(e) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRIATION.—A requirements payment made to a State under this part 

shall be available to the State without fiscal year limitation. 

SEC. 253. CONDITION FOR RECEIPT OF FUNDS. 

(a) IN GENERAL.—A State is eligible to receive a requirements 

payment for a fiscal year if the chief executive officer of the State, 

or designee, in consultation and coordination with the chief State 

election official, has filed with the Commission a statement certifying that the State is in compliance with the requirements referred 

to in subsection (b). A State may meet the requirement of the 

previous sentence by filing with the Commission a statement which 

reads as follows: ‘‘llllll 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— 
H. R. 3295—29 

(A) contains each of the elements described in section 

254 with respect to the fiscal year; 

(B) is developed in accordance with section 255; and 

(C) meets the public notice and comment requirements 

of section 256. 

(2) The State has filed with the Commission a plan for 

the implementation of the uniform, nondiscriminatory administrative complaint procedures required under section 402 (or 

has included such a plan in the State plan filed under paragraph (1)), and has such procedures in place for purposes of 

meeting the requirements of such section. If the State does 

not include such an implementation plan in the State plan 

filed under paragraph (1), the requirements of sections 255(b) 

and 256 shall apply to the implementation plan in the same 

manner as such requirements apply to the State plan. 

(3) The State is in compliance with each of the laws 

described in section 906, as such laws apply with respect to 

this Act. 

(4) To the extent that any portion of the requirements 

payment is used for activities other than meeting the requirements of title III— 

(A) the State’s proposed uses of the requirements payment are not inconsistent with the requirements of title 

III; and 

(B) the use of the funds under this paragraph is consistent with the requirements of section 251(b). 

(5) The State has appropriated funds for carrying out the 

activities for which the requirements payment is made in an 

amount equal to 5 percent of the total amount to be spent 

for such activities (taking into account the requirements pay- ment and the amount spent by the State) and, in the case 

of a State that uses a requirements payment as a reimburse- ment under section 251(c)(2), an additional amount equal to 

the amount of such reimbursement. 

(c) METHODS OF COMPLIANCE LEFT TO DISCRETION OF STATE.— 

The specific choices on the methods of complying with the elements 

of a State plan shall be left to the discretion of the State. 

(d) TIMING FOR FILING OF CERTIFICATION.—A State may not 

file a statement of certification under subsection (a) until the expiration of the 45-day period (or, in the case of a fiscal year other 

than the first fiscal year for which a requirements payment is 

made to the State under this subtitle, the 30-day period) which 

begins on the date the State plan under this subtitle is published 

in the Federal Register pursuant to section 255(b). 

(e) CHIEF STATE ELECTION OFFICIAL DEFINED.—In this subtitle, 

the ‘‘chief State election official’’ of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–8) to be responsible for 

coordination of the State’s responsibilities under such Act. 

SEC. 254. STATE PLAN. 

(a) IN GENERAL.—The State plan shall contain a description 

of each of the following: 

(1) How the State will use the requirements payment to 

meet the requirements of title III, and, if applicable under 

section 251(a)(2), to carry out other activities to improve the 

administration of elections. 
H. R. 3295—30 

(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 Statebased 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— 
H. R. 3295—31 

(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. 
H. R. 3295—32 

SEC. 255. PROCESS FOR DEVELOPMENT AND FILING OF PLAN; 

PUBLICATION BY COMMISSION. 

(a) IN GENERAL.—The chief State election official shall develop 

the State plan under this subtitle through a committee of appropriate individuals, including the chief election officials of the two 

most populous jurisdictions within the States, other local election 

officials, stake holders (including representatives of groups of 

individuals with disabilities), and other citizens, appointed for such 

purpose by the chief State election official. 

(b) PUBLICATION OF PLAN BY COMMISSION.—After receiving the 

State plan of a State under this subtitle, the Commission shall 

cause to have the plan published in the Federal Register. 

SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT. 

For purposes of section 251(a)(1)(C), a State plan meets the 

public notice and comment requirements of this section if— 

(1) not later than 30 days prior to the submission of the 

plan, the State made a preliminary version of the plan available 

for public inspection and comment; 

(2) the State publishes notice that the preliminary version 

of the plan is so available; and 

(3) the State took the public comments made regarding 

the preliminary version of the plan into account in preparing 

the plan which was filed with the Commission. 

SEC. 257. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—In addition to amounts transferred under 

section 104(c), there are authorized to be appropriated for requirements payments under this part the following amounts: 

(1) For fiscal year 2003, $1,400,000,000. 

(2) For fiscal year 2004, $1,000,000,000. 

(3) For fiscal year 2005, $600,000,000. 

(b) AVAILABILITY.—Any amounts appropriated pursuant to the 

authority of subsection (a) shall remain available without fiscal 

year limitation until expended. 

SEC. 258. REPORTS. 

Not later than 6 months after the end of each fiscal year 

for which a State received a requirements payment under this 

part, the State shall submit a report to the Commission on the 

activities conducted with the funds provided during the year, and 

shall include in the report— 

(1) a list of expenditures made with respect to each category 

of activities described in section 251(b); 

(2) the number and type of articles of voting equipment 

obtained with the funds; and 

(3) an analysis and description of the activities funded 

under this part to meet the requirements of this Act and 

an analysis and description of how such activities conform 

to the State plan under section 254. 
H. R. 3295—33 

PART 2—PAYMENTS TO STATES AND UNITS OF 

LOCAL GOVERNMENT TO ASSURE ACCESS 

FOR INDIVIDUALS WITH DISABILITIES 

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

TO ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES. 

(a) IN GENERAL.—The Secretary of Health and Human Services 

shall make a payment to each eligible State and each eligible 

unit of local government (as described in section 263). 

(b) USE OF FUNDS.—An eligible State and eligible unit of local 

government shall use the payment received under this part for— (1) making polling places, including the path of travel, 

entrances, exits, and voting areas of each polling facility, acces- sible to individuals with disabilities, including the blind and 

visually impaired, in a manner that provides the same oppor- tunity for access and participation (including privacy and 

independence) as for other voters; and 

(2) providing individuals with disabilities and the other 

individuals described in paragraph (1) with information about 

the accessibility of polling places, including outreach programs 

to inform the individuals about the availability of accessible 

polling places and training election officials, poll workers, and 

election volunteers on how best to promote the access and 

participation of individuals with disabilities in elections for 

Federal office. 

(c) SCHEDULE OF PAYMENTS.—As soon as practicable after the 

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

6 months thereafter), and not less frequently than once each calendar year thereafter, the Secretary shall make payments under 

this part. 

SEC. 262. AMOUNT OF PAYMENT. 

(a) IN GENERAL.—The amount of a payment made to an eligible 

State or an eligible unit of local government for a year under 

this part shall be determined by the Secretary. 

(b) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRIA- TION.—A payment made to an eligible State or eligible unit of 

local government under this part shall be available without fiscal 

year limitation. 

SEC. 263. REQUIREMENTS FOR ELIGIBILITY. 

(a) APPLICATION.—Each State or unit of local government that 

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

shall submit an application for the payment to the Secretary at 

such time and in such manner and containing such information 

as the Secretary shall require. 

(b) CONTENTS OF APPLICATION.—Each application submitted 

under subsection (a) shall— (1) describe the activities for which assistance under this 

section is sought; and 

(2) provide such additional information and certifications 

as the Secretary determines to be essential to ensure compliance with the requirements of this part. 

(c) PROTECTION AGAINST ACTIONS BASED ON INFORMATION IN 

APPLICATION.— 
H. R. 3295—34 

(1) IN GENERAL.—No action may be brought under this 

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

of any information contained in the application submitted under 

subsection (a). 

(2) EXCEPTION FOR CRIMINAL ACTS.—Paragraph (1) may 

not be construed to limit the liability of a State or unit of 

local government for criminal acts or omissions. 

SEC. 264. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out the provisions of this part the following amounts: 

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

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

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

(b) AVAILABILITY.—Any amounts appropriated pursuant to the 

authority of subsection (a) shall remain available without fiscal 

year limitation until expended. 

SEC. 265. REPORTS. 

(a) REPORTS BY RECIPIENTS.—Not later than the 6 months 

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

eligible unit of local government received a payment under this 

part, the State or unit shall submit a report to the Secretary 

on the activities conducted with the funds provided during the 

year, and shall include in the report a list of expenditures made 

with respect to each category of activities described in section 

261(b). 

(b) REPORT BY SECRETARY TO COMMITTEES.—With respect to 

each fiscal year for which the Secretary makes payments under 

this part, the Secretary shall submit a report on the activities 

carried out under this part to the Committee on House Administration of the House of Representatives and the Committee on Rules 

and Administration of the Senate. 

PART 3—GRANTS FOR RESEARCH ON VOTING 

TECHNOLOGY IMPROVEMENTS 

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

(a) IN GENERAL.—The Commission shall make grants to assist 

entities in carrying out research and development to improve the 

quality, reliability, accuracy, accessibility, affordability, and security 

of voting equipment, election systems, and voting technology. 

(b) ELIGIBILITY.—An entity is eligible to receive a grant under 

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

such form as the Commission may require) an application 

containing— 

(1) certifications that the research and development funded 

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

equipment fully accessible for individuals with disabilities, 

including the blind and visually impaired, the need to ensure 

that such individuals can vote independently and with privacy, 

and the need to provide alternative language accessibility for 

individuals with limited proficiency in the English language 

(consistent with the requirements of the Voting Rights Act 

of 1965); and 
H. R. 3295—35 

(2) such other information and certifications as the 

Commission may require. 

(c) APPLICABILITY OF REGULATIONS GOVERNING PATENT RIGHTS 

IN INVENTIONS MADE WITH FEDERAL ASSISTANCE.—Any invention 

made by the recipient of a grant under this part using funds 

provided under this part shall be subject to chapter 18 of title 

35, United States Code (relating to patent rights in inventions 

made with Federal assistance). 

(d) RECOMMENDATION OF TOPICS FOR RESEARCH.— 

(1) IN GENERAL.—The Director of the National Institute 

of Standards and Technology (hereafter in this section referred 

to as the ‘‘Director’’) shall submit to the Commission an annual 

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

subject of research funded with grants awarded under this 

part during the year. 

(2) REVIEW OF GRANT APPLICATIONS RECEIVED BY COMMISSION.—The Commission shall submit each application it 

receives for a grant under this part to the Director, who shall 

review the application and provide the Commission with such 

comments as the Director considers appropriate. 

(3) MONITORING AND ADJUSTMENT OF GRANT ACTIVITIES AT 

REQUEST OF COMMISSION.—After the Commission has awarded 

a grant under this part, the Commission may request that 

the Director monitor the grant, and (to the extent permitted 

under the terms of the grant as awarded) the Director may 

recommend to the Commission that the recipient of the grant 

modify and adjust the activities carried out under the grant. 

(4) EVALUATION OF GRANTS AT REQUEST OF COMMISSION.— 

(A) IN GENERAL.—In the case of a grant for which 

the Commission submits the application to the Director 

under paragraph (2) or requests that the Director monitor 

the grant under paragraph (3), the Director shall prepare 

and submit to the Commission an evaluation of the grant 

and the activities carried out under the grant. 

(B) INCLUSION IN REPORTS.—The Commission shall 

include the evaluations submitted under subparagraph (A) 

for a year in the report submitted for the year under 

section 207. 

(e) PROVISION OF INFORMATION ON PROJECTS.—The Commission 

may provide to the Technical Guidelines Development Committee 

under part 3 of subtitle A such information regarding the activities 

funded under this part as the Commission deems necessary to 

assist the Committee in carrying out its duties. 

SEC. 272. REPORT. 

(a) IN GENERAL.—Each entity which receives a grant under 

this part shall submit to the Commission a report describing the 

activities carried out with the funds provided under the grant. 

(b) DEADLINE.—An entity shall submit a report required under 

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

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

of the report. 

SEC. 273. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated for 

grants under this part $20,000,000 for fiscal year 2003. 
H. R. 3295—36 

(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant 

to the authorization under this section shall remain available, with- out fiscal year limitation, until expended. 

PART 4—PILOT PROGRAM FOR TESTING OF 

EQUIPMENT AND TECHNOLOGY 

SEC. 281. PILOT PROGRAM. 

(a) IN GENERAL.—The Commission shall make grants to carry 

out pilot programs under which new technologies in voting systems 

and equipment are tested and implemented on a trial basis so 

that the results of such tests and trials are reported to Congress. 

(b) ELIGIBILITY.—An entity is eligible to receive a grant under 

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

such form as the Commission may require) an application 

containing— 

(1) certifications that the pilot programs funded with the 

grant will take into account the need to make voting equipment 

fully accessible for individuals with disabilities, including the 

blind and visually impaired, the need to ensure that such 

individuals can vote independently and with privacy, and the 

need to provide alternative language accessibility for individ- uals 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 COMMIS- SION.—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. 
H. R. 3295—37 

(d) PROVISION OF INFORMATION ON PROJECTS.—The Commission 

may provide to the Technical Guidelines Development Committee 

under part 3 of subtitle A such information regarding the activities 

funded under this part as the Commission deems necessary to 

assist the Committee in carrying out its duties. 

SEC. 282. REPORT. 

(a) IN GENERAL.—Each entity which receives a grant under 

this part shall submit to the Commission a report describing the 

activities carried out with the funds provided under the grant. 

(b) DEADLINE.—An entity shall submit a report required under 

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

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

of the report. 

SEC. 283. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated for 

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

(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant 

to the authorization under this section shall remain available, without fiscal year limitation, until expended. 

PART 5—PROTECTION AND ADVOCACY 

SYSTEMS 

SEC. 291. PAYMENTS FOR PROTECTION AND ADVOCACY SYSTEMS. 

(a) IN GENERAL.—In addition to any other payments made 

under this subtitle, the Secretary of Health and Human Services 

shall pay the protection and advocacy system (as defined in section 

102 of the Developmental Disabilities Assistance and Bill of Rights 

Act of 2000 (42 U.S.C. 15002)) of each State to ensure full participation in the electoral process for individuals with disabilities, 

including registering to vote, casting a vote and accessing polling 

places. In providing such services, protection and advocacy systems 

shall have the same general authorities as they are afforded under 

subtitle C of title I of the Developmental Disabilities Assistance 

and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.). 

(b) MINIMUM GRANT AMOUNT.—The minimum amount of each 

grant to a protection and advocacy system shall be determined 

and allocated as set forth in subsections (c)(3), (c)(4), (c)(5), (e), 

and (g) of section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 

794e), except that the amount of the grants to systems referred 

to in subsections (c)(3)(B) and (c)(4)(B) of that section shall be 

not less than $70,000 and $35,000, respectively. 

(c) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.— 

(1) IN GENERAL.—Not later than 90 days after the date 

on which the initial appropriation of funds for a fiscal year 

is made pursuant to the authorization under section 292, the 

Secretary shall set aside 7 percent of the amount appropriated 

under such section and use such portion to make payments 

to eligible entities to provide training and technical assistance 

with respect to the activities carried out under this section. 

(2) USE OF FUNDS.—A recipient of a payment under this 

subsection may use the payment to support training in the 

use of voting systems and technologies, and to demonstrate 

and evaluate the use of such systems and technologies, by 

individuals with disabilities (including blindness) in order to 
H. R. 3295—38 

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 tech- nical 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 dem- onstrated experience in voting issues for individuals with 

disabilities; 

(B) is governed by a board with respect to which the 

majority of its members are individuals with disabilities 

or family members of such individuals or individuals who 

are blind; and 

(C) submits to the Secretary an application at such 

time, in such manner, and containing such information 

as the Secretary may require. 

SEC. 292. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—In addition to any other amounts authorized 

to be appropriated under this subtitle, there are authorized to 

be appropriated $10,000,000 for each of the fiscal years 2003, 2004, 

2005, and 2006, and for each subsequent fiscal year such sums 

as may be necessary, for the purpose of making payments under 

section 291(a); except that none of the funds provided by this 

subsection shall be used to initiate or otherwise participate in 

any litigation related to election-related disability access, notwithstanding the general authorities that the protection and advocacy 

systems are otherwise afforded under subtitle C of title I of the 

Developmental Disabilities Assistance and Bill of Rights Act of 

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

(b) AVAILABILITY.—Any amounts appropriated pursuant to the 

authority of this section shall remain available until expended. 

PART 6—NATIONAL STUDENT AND PARENT 

MOCK ELECTION 

SEC. 295. NATIONAL STUDENT AND PARENT MOCK ELECTION. 

(a) IN GENERAL.—The Election Assistance Commission is 

authorized to award grants to the National Student and Parent 

Mock Election, a national nonprofit, nonpartisan organization that 

works to promote voter participation in American elections to enable 

it to carry out voter education activities for students and their 

parents. Such activities may— 

(1) include simulated national elections at least 5 days 

before the actual election that permit participation by students 

and parents from each of the 50 States in the United States, 

its territories, the District of Columbia, and United States 

schools overseas; and 

(2) consist of— 

(A) school forums and local cable call-in shows on the 

national issues to be voted upon in an ‘‘issues forum’’; 

(B) speeches and debates before students and parents 

by local candidates or stand-ins for such candidates; 

(C) quiz team competitions, mock press conferences, 

and speech writing competitions; 

(D) weekly meetings to follow the course of the campaign; or 
H. R. 3295—39 

(E) school and neighborhood campaigns to increase 

voter turnout, including newsletters, posters, telephone 

chains, and transportation. 

(b) REQUIREMENT.—The National Student and Parent Mock 

Election shall present awards to outstanding student and parent 

mock election projects. 

SEC. 296. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out the provisions of this subtitle $200,000 for fiscal year 2003 and such sums 

as may be necessary for each of the 6 succeeding fiscal years. 

TITLE III—UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY 

AND ADMINISTRATION REQUIREMENTS 

Subtitle A—Requirements 

SEC. 301. VOTING SYSTEMS STANDARDS. 

(a) REQUIREMENTS.—Each voting system used in an election 

for Federal office shall meet the following requirements: 

(1) IN GENERAL.— 

(A) Except as provided in subparagraph (B), the voting 

system (including any lever voting system, optical scanning 

voting system, or direct recording electronic system) shall— 

(i) permit the voter to verify (in a private and 

independent manner) the votes selected by the voter 

on the ballot before the ballot is cast and counted; 

(ii) provide the voter with the opportunity (in a 

private and independent manner) to change the ballot 

or correct any error before the ballot is cast and 

counted (including the opportunity to correct the error 

through the issuance of a replacement ballot if the 

voter was otherwise unable to change the ballot or 

correct any error); and 

(iii) if the voter selects votes for more than one 

candidate for a single office— 

(I) notify the voter that the voter has selected 

more than one candidate for a single office on 

the ballot; 

(II) notify the voter before the ballot is cast 

and counted of the effect of casting multiple votes 

for the office; and 

(III) provide the voter with the opportunity 

to correct the ballot before the ballot is cast and 

counted. 

(B) A State or jurisdiction that uses a paper ballot 

voting system, a punch card voting system, or a central 

count voting system (including mail-in absentee ballots 

and mail-in ballots), may meet the requirements of 

subparagraph (A)(iii) by— 
H. R. 3295—40 

(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 
H. R. 3295—41 

counted as a vote for each category of voting system used 

in the State. 

(b) VOTING SYSTEM DEFINED.—In this section, the term ‘‘voting 

system’’ means— 

(1) the total combination of mechanical, electromechanical, 

or electronic equipment (including the software, firmware, and 

documentation required to program, control, and support the 

equipment) that is used— 

(A) to define ballots; 

(B) to cast and count votes; 

(C) to report or display election results; and 

(D) to maintain and produce any audit trail information; and 

(2) the practices and associated documentation used— 

(A) to identify system components and versions of such 

components; 

(B) to test the system during its development and 

maintenance; 

(C) to maintain records of system errors and defects; 

(D) to determine specific system changes to be made 

to a system after the initial qualification of the system; 

and 

(E) to make available any materials to the voter (such 

as notices, instructions, forms, or paper ballots). 

(c) CONSTRUCTION.— 

(1) IN GENERAL.—Nothing in this section shall be construed 

to prohibit a State or jurisdiction which used a particular 

type of voting system in the elections for Federal office held 

in November 2000 from using the same type of system after 

the effective date of this section, so long as the system meets 

or is modified to meet the requirements of this section. 

(2) PROTECTION OF PAPER BALLOT VOTING SYSTEMS.—For 

purposes of subsection (a)(1)(A)(i), the term ‘‘verify’’ may not 

be defined in a manner that makes it impossible for a paper 

ballot voting system to meet the requirements of such subsection or to be modified to meet such requirements. 

(d) EFFECTIVE DATE.—Each State and jurisdiction shall be 

required to comply with the requirements of this section on and 

after January 1, 2006. 

SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS. 

(a) PROVISIONAL VOTING REQUIREMENTS.—If an individual 

declares that such individual is a registered voter in the jurisdiction 

in which the individual desires to vote and that the individual 

is eligible to vote in an election for Federal office, but the name 

of the individual does not appear on the official list of eligible 

voters for the polling place or an election official asserts that the 

individual is not eligible to vote, such individual shall be permitted 

to cast a provisional ballot as follows: 

(1) An election official at the polling place shall notify 

the individual that the individual may cast a provisional ballot 

in that election. 

(2) The individual shall be permitted to cast a provisional 

ballot at that polling place upon the execution of a written 

affirmation by the individual before an election official at the 

polling place stating that the individual is— 
H. R. 3295—42 

(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 
H. R. 3295—43 

(F) general information on Federal and State laws 

regarding prohibitions on acts of fraud and misrepresentation. 

(c) VOTERS WHO VOTE AFTER THE POLLS CLOSE.—Any individual who votes in an election for Federal office as a result of 

a Federal or State court order or any other order extending the 

time established for closing the polls by a State law in effect 

10 days before the date of that election may only vote in that 

election by casting a provisional ballot under subsection (a). Any 

such ballot cast under the preceding sentence shall be separated 

and held apart from other provisional ballots cast by those not 

affected by the order. 

(d) EFFECTIVE DATE FOR PROVISIONAL VOTING AND VOTING 

INFORMATION.—Each State and jurisdiction shall be required to 

comply with the requirements of this section on and after January 

1, 2004. 

SEC. 303. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST 

REQUIREMENTS AND REQUIREMENTS FOR VOTERS WHO 

REGISTER BY MAIL. 

(a) COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST 

REQUIREMENTS.— 

(1) IMPLEMENTATION.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), each State, acting through the chief State election 

official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, 

interactive computerized statewide voter registration list 

defined, maintained, and administered at the State level 

that contains the name and registration information of 

every legally registered voter in the State and assigns 

a unique identifier to each legally registered voter in the 

State (in this subsection referred to as the ‘‘computerized 

list’’), and includes the following: 

(i) The computerized list shall serve as the single 

system for storing and managing the official list of 

registered voters throughout the State. 

(ii) The computerized list contains the name and 

registration information of every legally registered 

voter in the State. 

(iii) Under the computerized list, a unique identifier is assigned to each legally registered voter in the 

State. 

(iv) The computerized list shall be coordinated with 

other agency databases within the State. 

(v) Any election official in the State, including 

any local election official, may obtain immediate electronic access to the information contained in the 

computerized list. 

(vi) All voter registration information obtained by 

any local election official in the State shall be electronically entered into the computerized list on an expedited 

basis at the time the information is provided to the 

local official. 

(vii) The chief State election official shall provide 

such support as may be required so that local election 
H. R. 3295—44 

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: 
H. R. 3295—45 

(A) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote 

from the official list of eligible voters. Under such system, 

consistent with the National Voter Registration Act of 1993 

(42 U.S.C. 1973gg et seq.), registrants who have not 

responded to a notice and who have not voted in 2 consecutive general elections for Federal office shall be removed 

from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to 

vote. 

(B) Safeguards to ensure that eligible voters are not 

removed in error from the official list of eligible voters. 

(5) VERIFICATION OF VOTER REGISTRATION INFORMATION.— 

(A) REQUIRING PROVISION OF CERTAIN INFORMATION BY 

APPLICANTS.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

notwithstanding any other provision of law, an application for voter registration for an election for Federal 

office may not be accepted or processed by a State 

unless the application includes— 

(I) in the case of an applicant who has been 

issued a current and valid driver’s license, the 

applicant’s driver’s license number; or 

(II) in the case of any other applicant (other 

than an applicant to whom clause (ii) applies), 

the last 4 digits of the applicant’s social security 

number. 

(ii) SPECIAL RULE FOR APPLICANTS WITHOUT 

DRIVER’S LICENSE OR SOCIAL SECURITY NUMBER.—If an 

applicant for voter registration for an election for Federal office has not been issued a current and valid 

driver’s license or a social security number, the State 

shall assign the applicant a number which will serve 

to identify the applicant for voter registration purposes. 

To the extent that the State has a computerized list 

in effect under this subsection and the list assigns 

unique identifying numbers to registrants, the number 

assigned under this clause shall be the unique identifying number assigned under the list. 

(iii) DETERMINATION OF VALIDITY OF NUMBERS PROVIDED.—The State shall determine whether the 

information provided by an individual is sufficient to 

meet the requirements of this subparagraph, in accordance with State law. 

(B) REQUIREMENTS FOR STATE OFFICIALS.— 

(i) SHARING INFORMATION IN DATABASES.—The 

chief State election official and the official responsible 

for the State motor vehicle authority of a State shall 

enter into an agreement to match information in the 

database of the statewide voter registration system 

with information in the database of the motor vehicle 

authority to the extent required to enable each such 

official to verify the accuracy of the information provided on applications for voter registration. 

(ii) AGREEMENTS WITH COMMISSIONER OF SOCIAL 

SECURITY.—The official responsible for the State motor 

vehicle authority shall enter into an agreement with 
H. R. 3295—46 

the Commissioner of Social Security under section 

205(r)(8) of the Social Security Act (as added by 

subparagraph (C)). 

(C) ACCESS TO FEDERAL INFORMATION.—Section 205(r) 

of the Social Security Act (42 U.S.C. 405(r)) is amended 

by adding at the end the following new paragraph: 

‘‘(8)(A) The Commissioner of Social Security shall, upon the 

request of the official responsible for a State driver’s license agency 

pursuant to the Help America Vote Act of 2002— 

‘‘(i) enter into an agreement with such official for the purpose of verifying applicable information, so long as the requirements of subparagraphs (A) and (B) of paragraph (3) are met; 

and 

‘‘(ii) include in such agreement safeguards to assure the 

maintenance of the confidentiality of any applicable information 

disclosed and procedures to permit such agency to use the 

applicable information for the purpose of maintaining its 

records. 

‘‘(B) Information provided pursuant to an agreement under 

this paragraph shall be provided at such time, in such place, and 

in such manner as the Commissioner determines appropriate. 

‘‘(C) The Commissioner shall develop methods to verify the 

accuracy of information provided by the agency with respect to 

applications for voter registration, for whom the last 4 digits of 

a social security number are provided instead of a driver’s license 

number. 

‘‘(D) For purposes of this paragraph— 

‘‘(i) the term ‘applicable information’ means information 

regarding whether— 

‘‘(I) the name (including the first name and any family 

forename or surname), the date of birth (including the 

month, day, and year), and social security number of an 

individual provided to the Commissioner match the 

information contained in the Commissioner’s records, and 

‘‘(II) such individual is shown on the records of the 

Commissioner as being deceased; and 

‘‘(ii) the term ‘State driver’s license agency’ means the 

State agency which issues driver’s licenses to individuals within 

the State and maintains records relating to such licensure. 

‘‘(E) Nothing in this paragraph may be construed to require 

the provision of applicable information with regard to a request 

for a record of an individual if the Commissioner determines there 

are exceptional circumstances warranting an exception (such as 

safety of the individual or interference with an investigation). 

‘‘(F) Applicable information provided by the Commission pursuant to an agreement under this paragraph or by an individual 

to any agency that has entered into an agreement under this 

paragraph shall be considered as strictly confidential and shall 

be used only for the purposes described in this paragraph and 

for carrying out an agreement under this paragraph. Any officer 

or employee or former officer or employee of a State, or any officer 

or employee or former officer or employee of a contractor of a 

State who, without the written authority of the Commissioner, 

publishes or communicates any applicable information in such 

individual’s possession by reason of such employment or position 

as such an officer, shall be guilty of a felony and upon conviction 
H. R. 3295—47 

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— 
H. R. 3295—48 

(A) who registers to vote by mail under section 6 of 

the National Voter Registration Act of 1993 (42 U.S.C. 

1973gg–4) and submits as part of such registration either— 

(i) a copy of a current and valid photo identification; or 

(ii) a copy of a current utility bill, bank statement, 

government check, paycheck, or government document 

that shows the name and address of the voter; 

(B)(i) who registers to vote by mail under section 6 

of the National Voter Registration Act of 1993 (42 U.S.C. 

1973gg–4) and submits with such registration either— 

(I) a driver’s license number; or 

(II) at least the last 4 digits of the individual’s 

social security number; and 

(ii) with respect to whom a State or local election 

official matches the information submitted under clause 

(i) with an existing State identification record bearing the 

same number, name and date of birth as provided in such 

registration; or 

(C) who is— 

(i) entitled to vote by absentee ballot under the 

Uniformed and Overseas Citizens Absentee Voting Act 

(42 U.S.C. 1973ff–1 et seq.); 

(ii) provided the right to vote otherwise than in 

person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 

1973ee–1(b)(2)(B)(ii)); or 

(iii) entitled to vote otherwise than in person under 

any other Federal law. 

(4) CONTENTS OF MAIL-IN REGISTRATION FORM.— 

(A) IN GENERAL.—The mail voter registration form 

developed under section 6 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–4) shall include the 

following: 

(i) The question ‘‘Are you a citizen of the United 

States of America?’’ and boxes for the applicant to 

check to indicate whether the applicant is or is not 

a citizen of the United States. 

(ii) The question ‘‘Will you be 18 years of age 

on or before election day?’’ and boxes for the applicant 

to check to indicate whether or not the applicant will 

be 18 years of age or older on election day. 

(iii) The statement ‘‘If you checked ‘no’ in response 

to either of these questions, do not complete this form.’’. 

(iv) A statement informing the individual that if 

the form is submitted by mail and the individual is 

registering for the first time, the appropriate information required under this section must be submitted 

with the mail-in registration form in order to avoid 

the additional identification requirements upon voting 

for the first time. 

(B) INCOMPLETE FORMS.—If an applicant for voter reg- istration 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 
H. R. 3295—49 

the registration form prior to the next election for Federal 

office (subject to State law). 

(5) CONSTRUCTION.—Nothing in this subsection shall be 

construed to require a State that was not required to comply 

with a provision of the National Voter Registration Act of 

1993 (42 U.S.C. 1973gg et seq.) before the date of the enactment 

of this Act to comply with such a provision after such date. 

(c) PERMITTED USE OF LAST 4 DIGITS OF SOCIAL SECURITY 

NUMBERS.—The last 4 digits of a social security number described 

in subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered to be a social security number for purposes of section 7 of 

the Privacy Act of 1974 (5 U.S.C. 552a note). 

(d) EFFECTIVE DATE.— 

(1) COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST 

REQUIREMENTS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), each State and jurisdiction shall be required to comply 

with the requirements of subsection (a) on and after 

January 1, 2004. 

(B) WAIVER.—If a State or jurisdiction certifies to the 

Commission not later than January 1, 2004, that the State 

or jurisdiction will not meet the deadline described in 

subparagraph (A) for good cause and includes in the certification the reasons for the failure to meet such deadline, 

subparagraph (A) shall apply to the State or jurisdiction 

as if the reference in such subparagraph to ‘‘January 1, 

2004’’ were a reference to ‘‘January 1, 2006’’. 

(2) REQUIREMENT FOR VOTERS WHO REGISTER BY MAIL.— 

(A) IN GENERAL.—Each State and jurisdiction shall 

be required to comply with the requirements of subsection 

(b) on and after January 1, 2004, and shall be prepared 

to receive registration materials submitted by individuals 

described in subparagraph (B) on and after the date 

described in such subparagraph. 

(B) APPLICABILITY WITH RESPECT TO INDIVIDUALS.—The 

provisions of subsection (b) shall apply to any individual 

who registers to vote on or after January 1, 2003. 

SEC. 304. MINIMUM REQUIREMENTS. 

The requirements established by this title are minimum 

requirements and nothing in this title shall be construed to prevent 

a State from establishing election technology and administration 

requirements that are more strict than the requirements established 

under this title so long as such State requirements are not inconsistent with the Federal requirements under this title or any law 

described in section 906. 

SEC. 305. METHODS OF IMPLEMENTATION LEFT TO DISCRETION OF 

STATE. 

The specific choices on the methods of complying with the 

requirements of this title shall be left to the discretion of the 

State. 
H. R. 3295—50 

Subtitle B—Voluntary Guidance 

SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION. 

(a) IN GENERAL.—To assist States in meeting the requirements 

of subtitle A, the Commission shall adopt voluntary guidance con- sistent with such requirements in accordance with the procedures 

described in section 312. 

(b) DEADLINES.—The Commission shall adopt the recommenda- tions under this section not later than— (1) in the case of the recommendations with respect to 

section 301, January 1, 2004; 

(2) in the case of the recommendations with respect to 

section 302, October 1, 2003; and 

(3) in the case of the recommendations with respect to 

section 303, October 1, 2003. 

(c) QUADRENNIAL UPDATE.—The Commission shall review and 

update recommendations adopted with respect to section 301 no 

less frequently than once every 4 years. 

SEC. 312. PROCESS FOR ADOPTION. 

The adoption of the voluntary guidance under this subtitle 

shall be carried out by the Commission in a manner that provides 

for each of the following: 

(1) Publication of notice of the proposed recommendations 

in the Federal Register. 

(2) An opportunity for public comment on the proposed 

recommendations. 

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

(4) Publication of the final recommendations in the Federal 

Register. 

TITLE IV—ENFORCEMENT 

SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY 

AND INJUNCTIVE RELIEF. 

The Attorney General may bring a civil action against any 

State or jurisdiction in an appropriate United States District Court 

for such declaratory and injunctive relief (including a temporary 

restraining order, a permanent or temporary injunction, or other 

order) as may be necessary to carry out the uniform and nondiscriminatory election technology and administration requirements under 

sections 301, 302, and 303. 

SEC. 402. ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COMPLAINT PROCEDURES TO REMEDY GRIEVANCES. 

(a) ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COM- PLAINT 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 nondiscrim- inatory. 
H. R. 3295—51 

(B) Under the procedures, any person who believes 

that there is a violation of any provision of title III 

(including a violation which has occurred, is occurring, 

or is about to occur) may file a complaint. 

(C) Any complaint filed under the procedures shall 

be in writing and notarized, and signed and sworn by 

the person filing the complaint. 

(D) The State may consolidate complaints filed under 

subparagraph (B). 

(E) At the request of the complainant, there shall 

be a hearing on the record. 

(F) If, under the procedures, the State determines that 

there is a violation of any provision of title III, the State 

shall provide the appropriate remedy. 

(G) If, under the procedures, the State determines 

that there is no violation, the State shall dismiss the complaint and publish the results of the procedures. 

(H) The State shall make a final determination with 

respect to a complaint prior to the expiration of the 90-

day period which begins on the date the complaint is filed, 

unless the complainant consents to a longer period for 

making such a determination. 

(I) If the State fails to meet the deadline applicable 

under subparagraph (H), the complaint shall be resolved 

within 60 days under alternative dispute resolution procedures established for purposes of this section. The record 

and other materials from any proceedings conducted under 

the complaint procedures established under this section 

shall be made available for use under the alternative dispute resolution procedures. 

(b) REQUIRING ATTORNEY GENERAL APPROVAL OF COMPLIANCE 

PLAN FOR STATES NOT RECEIVING FUNDS.— 

(1) IN GENERAL.—Not later than January 1, 2004, each 

nonparticipating State shall elect— 

(A) to certify to the Commission that the State meets 

the requirements of subsection (a) in the same manner 

as a State receiving a payment under this Act; or 

(B) to submit a compliance plan to the Attorney General which provides detailed information on the steps the 

State will take to ensure that it meets the requirements 

of title III. 

(2) STATES WITHOUT APPROVED PLAN DEEMED OUT OF 

COMPLIANCE.—A nonparticipating State (other than a State 

which makes the election described in paragraph (1)(A)) shall 

be deemed to not meet the requirements of title III if the 

Attorney General has not approved a compliance plan submitted by the State under this subsection. 

(3) NONPARTICIPATING STATE DEFINED.—In this section, a 

‘‘nonparticipating State’’ is a State which, during 2003, does 

not notify any office which is responsible for making payments 

to States under any program under this Act of its intent to 

participate in, and receive funds under, the program. 
H. R. 3295—52 

TITLE V—HELP AMERICA VOTE 

COLLEGE PROGRAM 

SEC. 501. ESTABLISHMENT OF PROGRAM. 

(a) IN GENERAL.—Not later than 1 year after the appointment 

of its members, the Election Assistance Commission shall develop 

a program to be known as the ‘‘Help America Vote College Program’’ 

(hereafter in this title referred to as the ‘‘Program’’). 

(b) PURPOSES OF PROGRAM.—The purpose of the Program shall 

be— 

(1) to encourage students enrolled at institutions of higher 

education (including community colleges) to assist State and 

local governments in the administration of elections by serving 

as nonpartisan poll workers or assistants; and 

(2) to encourage State and local governments to use the 

services of the students participating in the Program. 

SEC. 502. ACTIVITIES UNDER PROGRAM. 

(a) IN GENERAL.—In carrying out the Program, the Commission 

(in consultation with the chief election official of each State) shall 

develop materials, sponsor seminars and workshops, engage in 

advertising targeted at students, make grants, and take such other 

actions as it considers appropriate to meet the purposes described 

in section 501(b). 

(b) REQUIREMENTS FOR GRANT RECIPIENTS.—In making grants 

under the Program, the Commission shall ensure that the funds 

provided are spent for projects and activities which are carried 

out without partisan bias or without promoting any particular 

point of view regarding any issue, and that each recipient is governed in a balanced manner which does not reflect any partisan 

bias. 

(c) COORDINATION WITH INSTITUTIONS OF HIGHER EDUCATION.— 

The Commission shall encourage institutions of higher education 

(including community colleges) to participate in the Program, and 

shall make all necessary materials and other assistance (including 

materials and assistance to enable the institution to hold workshops 

and poll worker training sessions) available without charge to any 

institution which desires to participate in the Program. 

SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

In addition to any funds authorized to be appropriated to the 

Commission under section 210, there are authorized to be appropriated to carry out this title— (1) $5,000,000 for fiscal year 2003; and 

(2) such sums as may be necessary for each succeeding 

fiscal year. 

TITLE VI—HELP AMERICA VOTE 

FOUNDATION 

SEC. 601. HELP AMERICA VOTE FOUNDATION. 

(a) IN GENERAL.—Part B of subtitle II of title 36, United States 

Code, is amended by inserting after chapter 1525 the following: 
H. R. 3295—53 

‘‘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. 

‘‘§ 152601. Organization 

‘‘(a) FEDERAL CHARTER.—The Help America Vote Foundation 

(in this chapter, the ‘foundation’) is a federally chartered corpora- tion. ‘‘(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. 

‘‘§ 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. 

‘‘§ 152603. Board of directors 

‘‘(a) GENERAL.—The board of directors is the governing body 

of the foundation. 
H. R. 3295—54 

‘‘(b) MEMBERS AND APPOINTMENT.—(1) The board consists of 

12 directors, who shall be appointed not later than 60 days after 

the date of the enactment of this chapter as follows: 

‘‘(A) Four directors (of whom not more than two may be 

members of the same political party) shall be appointed by 

the President. 

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

the House of Representatives. 

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

Leader of the House of Representatives. 

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

Leader of the Senate. 

‘‘(E) Two directors shall be appointed by the Minority 

Leader of the Senate. 

‘‘(2) In addition to the directors described in paragraph (1), 

the chair and ranking minority member of the Committee on House 

Administration of the House of Representatives (or their designees) 

and the chair and ranking minority member of the Committee 

on Rules and Administration of the Senate (or their designees) 

shall each serve as an ex officio nonvoting member of the board. 

‘‘(3) A director is not an employee of the Federal Government 

and appointment to the board does not constitute appointment 

as an officer or employee of the United States Government for 

the purpose of any law of the United States (except as may otherwise be provided in this chapter). 

‘‘(4) The terms of office of the directors are 4 years. 

‘‘(5) A vacancy on the board shall be filled in the manner 

in which the original appointment was made. 

‘‘(c) CHAIR.—The directors shall select one of the directors as 

the chair of the board. The individual selected may not be a current 

or former holder of any partisan elected office or a current or 

former officer of any national committee of a political party. 

‘‘(d) QUORUM.—The number of directors constituting a quorum 

of the board shall be established under the bylaws of the foundation. 

‘‘(e) MEETINGS.—The board shall meet at the call of the chair 

of the board for regularly scheduled meetings, except that the 

board shall meet not less often than annually. 

‘‘(f) REIMBURSEMENT OF EXPENSES.—Directors shall serve without compensation but may receive travel expenses, including per 

diem in lieu of subsistence, in accordance with sections 5702 and 

5703 of title 5. 

‘‘(g) LIABILITY OF DIRECTORS.—Directors are not personally 

liable, except for gross negligence. 

‘‘§ 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
H. R. 3295—55 

‘‘(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. 

‘‘§ 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. 

‘‘§ 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. 
H. R. 3295—56 

‘‘§ 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. 

‘‘§ 152608. Annual audit 

‘‘The foundation shall enter into a contract with an independent 

auditor to conduct an annual audit of the foundation. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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’’. 
H. R. 3295—57 

TITLE VII—VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS 

SEC. 701. VOTING ASSISTANCE PROGRAMS. 

(a) VOTING ASSISTANCE OFFICERS.—Subsection (f) of section 

1566 of title 10, United States Code, as added by section 1602(a) 

of the National Defense Authorization Act for Fiscal Year 2002 

(Public Law 107–107; 115 Stat. 1274), is amended— (1) by striking ‘‘Voting assistance’’ in the first sentence 

and inserting ‘‘(1) Voting assistance’’; and 

(2) by adding at the end the following new paragraph: ‘‘(2) Under regulations and procedures (including directives) 

prescribed by the Secretary, a member of the armed forces appointed 

or assigned to duty as a voting assistance officer shall, to the 

maximum extent practicable, be given the time and resources 

needed to perform the member’s duties as a voting assistance officer 

during the period in advance of a general election when members 

and their dependents are preparing and submitting absentee 

ballots.’’. 

(b) POSTMARKING OF OVERSEAS VOTING MATERIALS.—Subsection (g)(2) of such section is amended by adding at the end 

the following: ‘‘The Secretary shall, to the maximum extent practicable, implement measures to ensure that a postmark or other 

official proof of mailing date is provided on each absentee ballot 

collected at any overseas location or vessel at sea whenever the 

Department of Defense is responsible for collecting mail for return 

shipment to the United States. The Secretary shall ensure that 

the measures implemented under the preceding sentence do not 

result in the delivery of absentee ballots to the final destination 

of such ballots after the date on which the election for Federal 

office is held. Not later than the date that is 6 months after 

the date of the enactment of the Help America Vote Act of 2002, 

the Secretary shall submit to Congress a report describing the 

measures to be implemented to ensure the timely transmittal and 

postmarking of voting materials and identifying the persons responsible for implementing such measures.’’. 

(c) PROVIDING NOTICE OF DEADLINES AND REQUIREMENTS.— 

Such section is amended by adding at the end the following new 

subsection: 

‘‘(h) NOTICE OF DEADLINES AND REQUIREMENTS.—The Secretary 

of each military department, utilizing the voting assistance officer 

network established for each military installation, shall, to the 

maximum extent practicable, provide notice to members of the 

Armed Forces stationed at that installation of the last date before 

a general Federal election for which absentee ballots mailed from 

a postal facility located at that installation can reasonably be 

expected to be timely delivered to the appropriate State and local 

election officials.’’. 

(d) REGISTRATION AND VOTING INFORMATION FOR MEMBERS AND 

DEPENDENTS.—Such section is further amended by adding at the 

end the following new subsection: ‘‘(i) REGISTRATION AND VOTING INFORMATION FOR MEMBERS AND 

DEPENDENTS.—(1) The Secretary of each military department, using 

a variety of means including both print and electronic media, shall, 
H. R. 3295—58 

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 require- ments 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 Fed- eral 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, reg- istration 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 PROCE- DURES FOR ALL VOTERS IN STATE.— ‘‘(1) IN GENERAL.—Each State shall designate a single office 

which shall be responsible for providing information regarding 

voter registration procedures and absentee ballot procedures 

to be used by absent uniformed services voters and overseas 

voters with respect to elections for Federal office (including 

procedures relating to the use of the Federal write-in absentee 

ballot) to all absent uniformed services voters and overseas 

voters who wish to register to vote or vote in any jurisdiction 

in the State. ‘‘(2) RECOMMENDATION REGARDING USE OF OFFICE TO 

ACCEPT AND PROCESS MATERIALS.—Congress recommends that 

the State office designated under paragraph (1) be responsible 

for carrying out the State’s duties under this Act, including 

accepting valid voter registration applications, absentee ballot 

applications, and absentee ballots (including Federal write-in 

absentee ballots) from all absent uniformed services voters 

and overseas voters who wish to register to vote or vote in 

any jurisdiction in the State.’’. 

SEC. 703. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND 

RECEIVED AFTER GENERAL ELECTIONS. 

(a) IN GENERAL.—Section 102 of the Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended 

by section 702, is amended by adding at the end the following 

new subsection: 

‘‘(c) REPORT ON NUMBER OF ABSENTEE BALLOTS TRANSMITTED 

AND RECEIVED.—Not later than 90 days after the date of each 

regularly scheduled general election for Federal office, each State 

and unit of local government which administered the election shall
H. R. 3295—59 

(through the State, in the case of a unit of local government) 

submit a report to the Election Assistance Commission (established 

under the Help America Vote Act of 2002) on the combined number 

of absentee ballots transmitted to absent uniformed services voters 

and overseas voters for the election and the combined number 

of such ballots which were returned by such voters and cast in 

the election, and shall make such report available to the general 

public.’’. (b) DEVELOPMENT OF STANDARDIZED FORMAT FOR REPORTS.— The Election Assistance Commission, working with the Election 

Assistance Commission Board of Advisors and the Election Assist- ance Commission Standards Board, shall develop a standardized 

format for the reports submitted by States and units of local govern- ment under section 102(c) of the Uniformed and Overseas Citizens 

Absentee Voting Act (as added by subsection (a)), and shall make 

the format available to the States and units of local government 

submitting such reports. 

SEC. 704. EXTENSION OF PERIOD COVERED BY SINGLE ABSENTEE 

BALLOT APPLICATION. 

Section 104(a) of the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973ff–1), as amended by section 1606(b) 

of the National Defense Authorization Act for Fiscal Year 2002 

(Public Law 107–107; 115 Stat. 1279), is amended by striking ‘‘during that year,’’ and all that follows and inserting the following: ‘‘through the next 2 regularly scheduled general elections for Fed- eral 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 Citi- zens 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 MATE- RIALS.— (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
H. R. 3295—60 

(C) by adding at the end the following new paragraph: 

‘‘(5) if the State requires an oath or affirmation to accompany any document under this title, use the standard oath 

prescribed by the Presidential designee under section 

101(b)(7).’’. 

(c) PROVIDING STATISTICAL ANALYSIS OF VOTER PARTICIPATION 

FOR BOTH OVERSEAS VOTERS AND ABSENT UNIFORMED SERVICES 

VOTERS.—Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is 

amended by striking ‘‘a general assessment’’ and inserting ‘‘a separate statistical analysis’’. 

SEC. 706. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND 

ABSENTEE BALLOT APPLICATIONS ON GROUNDS OF 

EARLY SUBMISSION. 

(a) IN GENERAL.—Section 104 of the Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff–3), as amended 

by section 1606(b) of the National Defense Authorization Act for 

Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1279), is amended 

by adding at the end the following new subsection: 

‘‘(e) PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS 

OF EARLY SUBMISSION.—A State may not refuse to accept or process, 

with respect to any election for Federal office, any otherwise valid 

voter registration application or absentee ballot application 

(including the postcard form prescribed under section 101) submitted by an absent uniformed services voter during a year on 

the grounds that the voter submitted the application before the 

first date on which the State otherwise accepts or processes such 

applications for that year submitted by absentee voters who are 

not members of the uniformed services.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to elections for Federal office that occur 

after January 1, 2004. 

SEC. 707. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF 

OVERSEAS AND ABSENT UNIFORMED SERVICES VOTERS. 

Section 102 of the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973ff–1), as amended by the preceding 

provisions of this title, is amended by adding at the end the following new subsection: 

‘‘(d) REGISTRATION NOTIFICATION.—With respect to each absent 

uniformed services voter and each overseas voter who submits 

a voter registration application or an absentee ballot request, if 

the State rejects the application or request, the State shall provide 

the voter with the reasons for the rejection.’’. 

TITLE VIII—TRANSITION PROVISIONS 

Subtitle A—Transfer to Commission of 

Functions Under Certain Laws 

SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971. 

(a) TRANSFER OF FUNCTIONS OF OFFICE OF ELECTION ADMINISTRATION OF FEDERAL ELECTION COMMISSION.—There are transferred to the Election Assistance Commission established under 

section 201 all functions which the Office of Election Administration, 
H. R. 3295—61 

established within the Federal Election Commission, exercised 

before the date of the enactment of this Act. 

(b) CONFORMING AMENDMENT.—Section 311(a) of the Federal 

Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended— 

(1) in paragraph (8), by inserting ‘‘and’’ at the end; 

(2) in paragraph (9), by striking ‘‘; and’’ and inserting 

a period; and 

(3) by striking paragraph (10) and the second and third 

sentences. 

SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993. 

(a) TRANSFER OF FUNCTIONS.—There are transferred to the 

Election Assistance Commission established under section 201 all 

functions which the Federal Election Commission exercised under 

section 9(a) of the National Voter Registration Act of 1993 (42 

U.S.C. 1973gg–7(a)) before the date of the enactment of this Act. 

(b) CONFORMING AMENDMENT.—Section 9(a) of the National 

Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)) is amended 

by striking ‘‘Federal Election Commission’’ and inserting ‘‘Election 

Assistance Commission’’. 

SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL. 

(a) PROPERTY AND RECORDS.—The contracts, liabilities, records, 

property, and other assets and interests of, or made available in 

connection with, the offices and functions of the Federal Election 

Commission which are transferred by this subtitle are transferred 

to the Election Assistance Commission for appropriate allocation. 

(b) PERSONNEL.— 

(1) IN GENERAL.—The personnel employed in connection 

with the offices and functions of the Federal Election Commission which are transferred by this subtitle are transferred 

to the Election Assistance Commission. 

(2) EFFECT.—Any full-time or part-time personnel employed 

in permanent positions shall not be separated or reduced in 

grade or compensation because of the transfer under this subsection during the 1-year period beginning on the date of the 

enactment of this Act. 

SEC. 804. EFFECTIVE DATE; TRANSITION. 

(a) EFFECTIVE DATE.—This title and the amendments made 

by this title shall take effect upon the appointment of all members 

of the Election Assistance Commission under section 203. 

(b) TRANSITION.—With the consent of the entity involved, the 

Election Assistance Commission is authorized to utilize the services 

of such officers, employees, and other personnel of the entities 

from which functions have been transferred to the Election Assistance Commission under this title or the amendments made by 

this title for such period of time as may reasonably be needed 

to facilitate the orderly transfer of such functions. 

(c) NO EFFECT ON AUTHORITIES OF OFFICE OF ELECTION 

ADMINISTRATION PRIOR TO APPOINTMENT OF MEMBERS OF COMMISSION.—During the period which begins on the date of the enactment 

of this Act and ends on the effective date described in subsection 

(a), the Office of Election Administration of the Federal Election 

Commission shall continue to have the authority to carry out any 

of the functions (including the development of voluntary standards 

for voting systems and procedures for the certification of voting 
H. R. 3295—62 

systems) which it has the authority to carry out as of the date 

of the enactment of this Act. 

Subtitle B—Coverage of Commission 

Under Certain Laws and Programs 

SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN 

CIVIL SERVICE LAWS. 

(a) COVERAGE UNDER HATCH ACT.—Section 7323(b)(2)(B)(i)(I) 

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

Election Assistance Commission’’ after ‘‘Commission’’. 

(b) EXCLUSION FROM SENIOR EXECUTIVE SERVICE.—Section 

3132(a)(1)(C) of title 5, United States Code, is amended by inserting 

‘‘or the Election Assistance Commission’’ after ‘‘Commission’’. 

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

(a) IN GENERAL.—Section 8G(a)(2) of the Inspector General 

Act of 1978 (5 U.S.C. App.) is amended by inserting ‘‘the Election 

Assistance Commission,’’ after ‘‘Federal Election Commission,’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect 180 days after the appointment of all members 

of the Election Assistance Commission under section 203. 

TITLE IX—MISCELLANEOUS 

PROVISIONS 

SEC. 901. STATE DEFINED. 

In this Act, the term ‘‘State’’ includes the District of Columbia, 

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

the United States Virgin Islands. 

SEC. 902. AUDITS AND REPAYMENT OF FUNDS. 

(a) RECORDKEEPING REQUIREMENT.—Each recipient of a grant 

or other payment made under this Act shall keep such records 

with respect to the payment as are consistent with sound accounting 

principles, including records which fully disclose the amount and 

disposition by such recipient of funds, the total cost of the project 

or undertaking for which such funds are used, and the amount 

of that portion of the cost of the project or undertaking supplied 

by other sources, and such other records as will facilitate an effective 

audit. 

(b) AUDITS AND EXAMINATIONS.— (1) AUDITS AND EXAMINATIONS.—Except as provided in 

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

under this Act, or any duly authorized representative of such 

office, may audit or examine any recipient of the grant or 

payment and shall have access for the purpose of audit and 

examination to any books, documents, papers, and records of 

the recipient which in the opinion of the entity may be related 

or pertinent to the grant or payment. 

(2) RECIPIENTS OF ASSISTANCE SUBJECT TO PROVISIONS OF 

SECTION.—The provisions of this section shall apply to all recipients of grants or other payments under this Act, whether 

by direct grant, cooperative agreement, or contract under this 
H. R. 3295—63 

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.’’. 
H. R. 3295—64 

SEC. 904. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELECTORAL FRAUD STATUTES AND PENALTIES. 

(a) REVIEW.—The Attorney General shall conduct a review of 

existing criminal statutes concerning election offenses to 

determine— 

(1) whether additional statutory offenses are needed to 

secure the use of the Internet for election purposes; and 

(2) whether existing penalties provide adequate punish- ment and deterrence with respect to such offenses. 

(b) REPORT.—The Attorney General shall submit a report to 

the Committees on the Judiciary of the Senate and House of Representatives, the Committee on Rules and Administration of the 

Senate, and the Committee on House Administration of the House 

of Representatives on the review conducted under subsection (a) 

together with such recommendations for legislative and administrative action as the Attorney General determines appropriate. 

SEC. 905. OTHER CRIMINAL PENALTIES. 

(a) CONSPIRACY TO DEPRIVE VOTERS OF A FAIR ELECTION.— 

Any individual who knowingly and willfully gives false information 

in registering or voting in violation of section 11(c) of the National 

Voting Rights Act of 1965 (42 U.S.C. 1973i(c)), or conspires with 

another to violate such section, shall be fined or imprisoned, or 

both, in accordance with such section. 

(b) FALSE INFORMATION IN REGISTERING AND VOTING.—Any 

individual who knowingly commits fraud or knowingly makes a 

false statement with respect to the naturalization, citizenry, or 

alien registry of such individual in violation of section 1015 of 

title 18, United States Code, shall be fined or imprisoned, or both, 

in accordance with such section. 

SEC. 906. NO EFFECT ON OTHER LAWS. 

(a) IN GENERAL.—Except as specifically provided in section 

303(b) of this Act with regard to the National Voter Registration 

Act of 1993 (42 U.S.C. 1973gg et seq.), nothing in this Act may 

be construed to authorize or require conduct prohibited under any 

of the following laws, or to supersede, restrict, or limit the application of such laws: 

(1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et 

seq.). 

(2) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.). 

(3) The Uniformed and Overseas Citizens Absentee Voting 

Act (42 U.S.C. 1973ff et seq.). 

(4) The National Voter Registration Act of 1993 (42 U.S.C. 

1973gg et seq.). 

(5) The Americans with Disabilities Act of 1990 (42 U.S.C. 

12101 et seq.). 

(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 
H. R. 3295—65 

(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. 

Speaker of the House of Representatives. 

Vice President of the United States and 

President of the Senate.