I

107TH CONGRESS

1ST SESSION H. R. 1170

To protect voting rights, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 22, 2001

Mr. CONYERS (for himself, Mr. BONIOR, Mr. FROST, Mr. DOOLEY of California, Ms. WATERS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr.

REYES, Ms. SCHAKOWSKY, Mr. BERMAN, Mr. SCOTT, Mr. WATT of North

Carolina, Ms. LOFGREN, Ms. JACKSON-LEE of Texas, Mr. WEXLER, Ms.

BALDWIN, Mr. RANGEL, Mr. OWENS, Mr. TOWNS, Mr. LEWIS of Georgia,

Mr. PAYNE, Ms. NORTON, Mr. JEFFERSON, Mrs. CLAYTON, Mr. BISHOP,

Ms. BROWN of Florida, Mr. CLYBURN, Mr. FATTAH, Mr. HASTINGS of

Florida, Mr. HILLIARD, Ms. MCKINNEY, Mrs. MEEK of Florida, Mr.

RUSH, Mr. WYNN, Mr. THOMPSON of Mississippi, Mr. JACKSON of Illinois, Ms. MILLENDER-MCDONALD, Ms. CARSON of Indiana, Mrs.

CHRISTENSEN, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. FORD, Ms.

KILPATRICK, Ms. LEE, Mr. MEEKS of New York, Mrs. JONES of Ohio,

Mr. CLAY, Mr. STARK, Mr. LAFALCE, Mr. KLECZKA, Ms. SLAUGHTER,

Ms. PELOSI, Mr. ANDREWS, Ms. DELAURO, Mr. OLVER, Mr. DEUTSCH,

Mr. FILNER, Ms. ROYBAL-ALLARD, Ms. VELA ́ZQUEZ, Mr. BLAGOJEVICH,

Mr. KUCINICH, Mrs. MCCARTHY of New York, Mr. MCGOVERN, Ms.

SANCHEZ, Mr. RODRIGUEZ, Mr. BRADY of Pennsylvania, Ms. BERKLEY,

Mr. CAPUANO, Mr. CROWLEY, Mr. GONZALEZ, Mr. HOEFFEL, Mr. HOLT,

Mr. UDALL of Colorado, Mr. BACA, and Ms. MCCOLLUM) introduced the

following bill; which was referred to the Committee on the Judiciary, and

in addition to the Committee on House Administration, for a period to

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

A BILL

To protect voting rights, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Equal Protection of Voting Rights Act of 2001’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—REQUIREMENTS FOR EQUAL PROTECTION OF VOTING

RIGHTS

Sec. 101. Requirements for equal protection of voting rights.

‘‘SUBPART 4—REQUIREMENTS FOR EQUAL PROTECTION OF VOTING RIGHTS

‘‘CHAPTER A—VOTING RIGHTS IN FEDERAL ELECTIONS

‘‘Sec. 531. Requirements for protection of voting rights.

‘‘Sec. 532. Requiring States to meet requirements.

‘‘Sec. 533. Reimbursement for costs of meeting requirements.

‘‘Sec. 534. Responsibilities of Attorney General.

‘‘Sec. 535. Technical specifications and guidelines.

‘‘CHAPTER B—VOTING RIGHTS IN STATE AND LOCAL ELECTIONS

‘‘Sec. 541. Equal protection of voting rights for State and local elections.

‘‘Sec. 542. Reimbursement for costs of carrying out activities.

‘‘Sec. 543. Responsibilities of Attorney General.

‘‘Sec. 544. Technical specifications and guidelines.

‘‘CHAPTER C—DEFINITIONS

‘‘Sec. 551. Definitions.

TITLE II—EARLY BIRD AND GOOD CITIZEN GRANT PROGRAM

Sec. 201. Early bird and good citizen grant program.

‘‘SUBPART 5—EARLY BIRD AND GOOD CITIZEN GRANT PROGRAM

‘‘Sec. 571. Establishment of Early Bird and Good Citizen grant program.

‘‘Sec. 572. Authorized activities.

‘‘Sec. 573. General policies and criteria for the approval of applications of

States and localities; requirements of State plans.

‘‘Sec. 574. Submission of applications of States and localities.

‘‘Sec. 575. Approval of applications of States and localities.

‘‘Sec. 576. Federal matching funds.

‘‘Sec. 577. Audits and examinations of States and localities.
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‘‘Sec. 578. Reports to Congress and the Attorney General.

‘‘Sec. 579. Nondiscrimination.

‘‘Sec. 580. Definitions of State and locality.

‘‘Sec. 581. Authorization of appropriations.

TITLE III—COMMISSION ON VOTING RIGHTS AND PROCEDURES

Sec. 301. Establishment.

Sec. 302. Membership of the Commission.

Sec. 303. Duties of the Commission.

Sec. 304. Powers of the Commission.

Sec. 305. Commission personnel matters.

Sec. 306. Termination of the Commission.

Sec. 307. Authorization of appropriations for the Commission.

TITLE IV—ANTITRUST EXEMPTION

Sec. 401. Antitrust exemption for cooperative activities relating to compliance

of voting systems with requirements.

Sec. 402. Antitrust laws defined.

TITLE V—MISCELLANEOUS

Sec. 501. Relationship to other laws.

Sec. 502. Severability.

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) The right to vote is a fundamental and in4 controvertible right under the Constitution.

5 (2) The United States Supreme Court held in

6 Bush v. Gore that a lack of uniform and nondiscrim7 inatory standards with respect to Presidential elec8 tions violates the Equal Protection Clause of the

9 14th amendment to the Constitution of the United

10 States.

11 (3) There is overwhelming evidence that dis12 parate procedures and antiquated machinery are po13 tentially resulting in the disenfranchisement of mil14 lions of voters.
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1 (4) There is overwhelming evidence that dis2 parate procedures and antiquated machinery have a

3 disproportionate racial impact.

4 (5) Congress has authority under section 4 of

5 article I of the Constitution of the United States,

6 section 5 of the 14th amendment to the Constitution

7 of the United States, and section 2 of the 15th

8 amendment to the Constitution of the United States

9 to enact legislation to address the equal protection

10 and other constitutional violations that may be

11 caused by outdated voting systems.

12 (6) Congress should encourage and enable every

13 eligible American to vote by reaffirming that the

14 right to vote is a fundamental right under the Con15 stitution.

16 (7) Congress should encourage and enable every

17 eligible American to vote by reaffirming that the

18 United States is a democratic Government ‘‘of the

19 people, by the people, and for the people’’ where

20 every vote counts.

21 (8) Congress should encourage and enable every

22 eligible American to vote by eliminating procedural,

23 physical, and technological obstacles to voting.
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1 (9) Congress should counter discrimination in

2 voting by removing barriers to the exercise of the

3 constitutionally protected right to vote.

4 (10) There is a concern that persons with dis5 abilities and impairments face difficulties in voting.

6 (11) There are practices designed to purge ille7 gal voters from voter rolls which result in the elimi8 nation of legal voters as well.

9 (12) State governments have already begun to

10 examine ways to improve the administration of elec11 tions and to modernize mechanisms and machinery

12 for voting.

13 (13) Congress has an obligation to ensure that

14 the necessary resources are available to States and

15 localities to ensure the equal protection of voting

16 rights and to ensure the integrity of and full partici17 pation of all Americans in the democratic elections

18 process.
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1 TITLE I—REQUIREMENTS FOR

2 EQUAL PROTECTION OF VOT3 ING RIGHTS

4 SEC. 101. REQUIREMENTS FOR EQUAL PROTECTION OF

5 VOTING RIGHTS.

6 Part E of title I of Public Law 90–351 (42 U.S.C.

7 3750 et seq.) is amended by adding at the end the fol8 lowing new subpart:

9 ‘‘Subpart 4—Requirements For Equal Protection of

10 Voting Rights

11 ‘‘CHAPTER A—VOTING RIGHTS IN FEDERAL

12 ELECTIONS

13 ‘‘SEC. 531. REQUIREMENTS FOR PROTECTION OF VOTING

14 RIGHTS.

15 ‘‘(a) VOTING SYSTEMS.—To carry out section 5 of

16 the fourteenth amendment to the Constitution of the

17 United States, each voting system used in an election for

18 Federal office shall meet the following requirements:

19 ‘‘(1) The system shall permit the voter to verify

20 the votes selected by the voter on a ballot before the

21 ballot is cast and tabulated, and shall provide the

22 voter with the opportunity to correct any error be23 fore the ballot is cast and tabulated.

24 ‘‘(2) If the voter selects votes for more than one

25 candidate for a single office, the system shall notify
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1 the voter before the ballot is cast and tabulated of

2 the effect of casting multiple votes for the office, and

3 shall provide the voter with the opportunity to cor4 rect the ballot before the ballot is cast and tab5 ulated.

6 ‘‘(3) If the voter selects votes for fewer than the

7 number of candidates for which votes may be cast,

8 the system shall notify the voter before the ballot is

9 cast and tabulated of the effect of undervoting, and

10 shall provide the voter with the opportunity to cor11 rect the ballot before the ballot is cast and tab12 ulated.

13 ‘‘(4) The system shall produce an auditable

14 record for each ballot cast.

15 ‘‘(5) The system shall be accessible for individ16 uals with disabilities and other individuals with spe17 cial needs, including providing nonvisual accessibility

18 for the blind and visually impaired which provides

19 the same opportunity for access and participation

20 (including privacy and independence) as for other

21 voters, and shall provide alternative language acces22 sibility for individuals with limited proficiency in the

23 English language.
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1 ‘‘(6) The voting system’s error rate shall be as

2 close to zero as practicable when the system is prop3 erly used.

4 ‘‘(b) PROVISIONAL VOTING.—To carry out section 5

5 of the fourteenth amendment to the Constitution of the

6 United States, if the name of an individual who claims

7 to be a registrant eligible to vote at a polling place in an

8 election for Federal office does not appear on the official

9 list of registrants eligible to vote at the polling place, or

10 it is otherwise asserted by an election official that the indi11 vidual is not eligible to vote at the polling place—

12 ‘‘(1) an election official at the polling place

13 shall notify the individual that the individual may

14 cast a provisional ballot in the election;

15 ‘‘(2) the individual shall be permitted to cast a

16 vote at that polling place upon written affirmation

17 by the individual before an election official at that

18 polling place that the individual is so eligible;

19 ‘‘(3) an election official at the polling place

20 shall transfer the ballot cast by the individual to an

21 appropriate State or local election official for prompt

22 verification of the claim made by the individual in

23 the affirmation required under paragraph (2);

24 ‘‘(4) if the appropriate State or local election

25 official verifies the claim made by the individual in
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1 the affirmation, the individual’s vote shall be tab2 ulated; and

3 ‘‘(5) the appropriate State or local election offi4 cial shall notify the individual in writing of the dis5 position of the individual’s claim and the treatment

6 of the individual’s vote.

7 ‘‘(c) SAMPLE BALLOT.—

8 ‘‘(1) MAILINGS TO VOTERS.—To carry out sec9 tion 5 of the fourteenth amendment to the Constitu10 tion of the United States, not later than 10 days

11 prior to the date of an election for Federal office,

12 each individual who is registered to vote in such

13 election shall be mailed a sample version of the bal14 lot which will be used for the election by the appro15 priate election official, together with—

16 ‘‘(A) information regarding the date of the

17 election and the hours during which polling

18 places will be open;

19 ‘‘(B) instructions on how to cast a vote on

20 the ballot; and

21 ‘‘(C) general information on voting rights

22 under Federal and applicable State laws and in23 structions on how to contact the appropriate of24 ficials if these rights are alleged to be violated.
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1 ‘‘(2) PUBLICATION AND POSTING.—The sample

2 version of the ballot which will be used for an elec3 tion for Federal office and which is mailed under

4 paragraph (1) shall be published in a newspaper of

5 general circulation in the applicable geographic area

6 not later than 10 days prior to the date of the elec7 tion, and shall be posted publicly at each polling

8 place on the date of the election.

9 ‘‘SEC. 532. REQUIRING STATES TO MEET REQUIREMENTS.

10 ‘‘To carry out section 5 of the fourteenth amendment

11 to the Constitution of the United States, each State shall

12 meet the requirements of section 531 with respect to elec13 tions for Federal office held in the State beginning not

14 later than the regularly scheduled general election for Fed15 eral office held in the State in 2004.

16 ‘‘SEC. 533. REIMBURSEMENT FOR COSTS OF MEETING RE17 QUIREMENTS.

18 ‘‘(a) IN GENERAL.—The Attorney General shall

19 make payments to each State to reimburse the State for

20 the costs incurred by the State in meeting the require21 ments of section 531.

22 ‘‘(b) REGULATIONS.—The Attorney General shall

23 make the payments required under this section in accord24 ance with such requirements as the Attorney General may

25 by regulation establish, including requirements relating to
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1 the timing of payments, the submission of claims by

2 States, and the review of such claims by the Attorney Gen3 eral.

4 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated to the Attorney General

6 such sums as may be necessary for making payments

7 under this section.

8 ‘‘SEC. 534. RESPONSIBILITIES OF ATTORNEY GENERAL.

9 ‘‘(a) IN GENERAL.—The Attorney General shall be

10 responsible for carrying out this chapter, in accordance

11 with such regulations as the Attorney General may issue.

12 ‘‘(b) ENFORCEMENT.—

13 ‘‘(1) IN GENERAL.—The Attorney General may

14 bring a civil action in an appropriate district court

15 for such relief (including declaratory or injunctive

16 relief) as may be necessary to carry out this chapter.

17 ‘‘(2) RELATION TO OTHER LAWS.—The rem18 edies established by this subsection are in addition

19 to all other rights and remedies provided by law.

20 ‘‘(c) ACTION THROUGH ASSISTANT ATTORNEY GEN21 ERAL FOR CIVIL RIGHTS.—The Attorney General shall

22 issue regulations pursuant to this section, and shall other23 wise carry out this chapter, through the Assistant Attor24 ney General for the Civil Rights Division.
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1 ‘‘SEC. 535. TECHNICAL SPECIFICATIONS AND GUIDELINES.

2 ‘‘(a) IN GENERAL.—To carry out section 5 of the

3 fourteenth amendment to the Constitution of the United

4 States, in accordance with the requirements of this chap5 ter, and in consultation with the Office of Election Admin6 istration of the Federal Election Commission, the Office

7 of Civil Rights of the Department of Justice shall

8 develop—

9 ‘‘(1) technical specifications with respect to the

10 voting system requirements provided under section

11 531(a);

12 ‘‘(2) guidelines with respect to the provisional

13 voting requirements provided under section 531(b);

14 and

15 ‘‘(3) guidelines with respect to the sample ballot

16 requirements provided under section 531(c).

17 ‘‘(b) DEADLINE FOR INITIAL SPECIFICATIONS AND

18 GUIDELINES.—The Office of Civil Rights shall develop the

19 initial set of technical specifications and guidelines under

20 subsection (a) not later than 1 year after the date of the

21 enactment of this Act.

22 ‘‘(c) PROVISION OF CONTINUING INFORMATION.—

23 After preparing the initial set of technical specifications

24 and guidelines under subsection (a), the Office of Civil

25 Rights shall continue to provide information to assist the

26 Attorney General in carrying out this chapter, including
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1 preparing revised technical specifications and guidelines at

2 such times as the Attorney General considers appropriate.

3 ‘‘CHAPTER B—VOTING RIGHTS IN STATE AND

4 LOCAL ELECTIONS

5 ‘‘SEC. 541. EQUAL PROTECTION OF VOTING RIGHTS FOR

6 STATE AND LOCAL ELECTIONS.

7 ‘‘(a) VOTING SYSTEMS.—To carry out section 5 of

8 the fourteenth amendment to the Constitution of the

9 United States, the Attorney General shall provide reim10 bursement to each State (in accordance with section 542)

11 which protects voting rights by ensuring that each voting

12 system used for elections for State and local office meets

13 the following requirements:

14 ‘‘(1) The system shall permit the voter to verify

15 the votes selected by the voter on a ballot before the

16 ballot is cast and tabulated, and shall provide the

17 voter with the opportunity to correct any error be18 fore the ballot is cast and tabulated.

19 ‘‘(2) If the voter selects votes for more than one

20 candidate for a single office, the system shall notify

21 the voter before the ballot is cast and tabulated of

22 the effect of casting multiple votes for the office, and

23 shall provide the voter with the opportunity to cor24 rect the ballot before the ballot is cast and tab25 ulated.
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1 ‘‘(3) If the voter selects votes for fewer than the

2 number of candidates for which votes may be cast,

3 the system shall notify the voter before the ballot is

4 cast and tabulated of the effect of undervoting, and

5 shall provide the voter with the opportunity to cor6 rect the ballot before the ballot is cast and tab7 ulated.

8 ‘‘(4) The system shall produce an auditable

9 record for each ballot cast.

10 ‘‘(5) The system shall be accessible for individ11 uals with disabilities and other individuals with spe12 cial needs, including providing nonvisual accessibility

13 for the blind and visually impaired which provides

14 the same opportunity for access and participation

15 (including privacy and independence) as for other

16 voters, and shall provide alternative language acces17 sibility for individuals with limited proficiency in the

18 English language.

19 ‘‘(6) The voting system’s error rate shall be as

20 close to zero as practicable when the system is prop21 erly used.

22 ‘‘(b) PROVISIONAL VOTING.—To carry out section 5

23 of the fourteenth amendment to the Constitution of the

24 United States, the Attorney General shall provide reim25 bursement to each State (in accordance with section 542)
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1 which protects voting rights by ensuring that if the name

2 of an individual who claims to be a registrant eligible to

3 vote at a polling place in an election for State or local

4 office does not appear on the official list of registrants

5 eligible to vote at the polling place, or it is otherwise as6 serted by an election official that the individual is not eligi7 ble to vote at the polling place—

8 ‘‘(1) an election official at the polling place

9 shall notify the individual that the individual may

10 cast a provisional ballot in the election;

11 ‘‘(2) the individual shall be permitted to cast a

12 vote at that polling place upon written affirmation

13 by the individual before an election official at that

14 polling place that the individual is so eligible;

15 ‘‘(3) an election official at the polling place

16 shall transfer the ballot cast by the individual to an

17 appropriate State or local election official for prompt

18 verification of the claim made by the individual in

19 the affirmation required under paragraph (2);

20 ‘‘(4) if the appropriate State or local election

21 official verifies the claim made by the individual in

22 the affirmation, the individual’s vote shall be tab23 ulated; and

24 ‘‘(5) the appropriate State or local election offi25 cial shall notify the individual in writing of the dis-
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1 position of the individual’s claim and the treatment

2 of the individual’s vote.

3 ‘‘(c) SAMPLE BALLOT.—

4 ‘‘(1) MAILINGS TO VOTERS.—To carry out sec5 tion 5 of the fourteenth amendment to the Constitu6 tion of the United States, the Attorney General shall

7 provide reimbursement to each State (in accordance

8 with section 542) which protects voting rights by en9 suring that each individual who is registered to vote

10 in an election for State or local office is mailed a

11 sample version of the ballot which will be used for

12 the election by the appropriate election official (not

13 later than 10 days prior to the date of the election),

14 together with—

15 ‘‘(A) information regarding the date of the

16 election and the hours during which polling

17 places will be open;

18 ‘‘(B) instructions on how to cast a vote on

19 the ballot; and

20 ‘‘(C) general information on voting rights

21 under Federal and applicable State laws and in22 structions on how to contact the appropriate of23 ficials if these rights are alleged to be violated.

24 ‘‘(2) PUBLICATION AND POSTING.—To carry

25 out section 5 of the fourteenth amendment to the
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1 Constitution of the United States, the Attorney Gen2 eral shall provide reimbursement to each State (in

3 accordance with section 542) which protects voting

4 rights by ensuring that the sample version of the

5 ballot which will be used for an election for State or

6 local office and which is mailed under paragraph (1)

7 is published in a newspaper of general circulation in

8 the applicable geographic area not later than 10

9 days prior to the date of the election, and is posted

10 publicly at each polling place on the date of the elec11 tion.

12 ‘‘SEC. 542. REIMBURSEMENT FOR COSTS OF CARRYING OUT

13 ACTIVITIES.

14 ‘‘(a) IN GENERAL.—The Attorney General shall

15 make payments to each State to reimburse the State for

16 the costs incurred by the State in carrying out the activi17 ties described in section 541.

18 ‘‘(b) REGULATIONS.—The Attorney General shall

19 make the payments required under this section in accord20 ance with such requirements as the Attorney General may

21 by regulation establish, including requirements relating to

22 the timing of payments, the submission of claims by

23 States, and the review of such claims by the Attorney Gen24 eral.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Attorney General

3 such sums as may be necessary for making payments

4 under this section.

5 ‘‘SEC. 543. RESPONSIBILITIES OF ATTORNEY GENERAL.

6 ‘‘(a) IN GENERAL.—The Attorney General shall be

7 responsible for carrying out this chapter, in accordance

8 with such regulations as the Attorney General may issue.

9 ‘‘(b) ENFORCEMENT.—

10 ‘‘(1) IN GENERAL.—The Attorney General may

11 bring a civil action in an appropriate district court

12 for such relief (including declaratory or injunctive

13 relief) as may be necessary to carry out this chapter.

14 ‘‘(2) RELATION TO OTHER LAWS.—The rem15 edies established by this subsection are in addition

16 to all other rights and remedies provided by law.

17 ‘‘(c) ACTION THROUGH ASSISTANT ATTORNEY GEN18 ERAL FOR CIVIL RIGHTS.—The Attorney General shall

19 issue regulations pursuant to this section, and shall other20 wise carry out this chapter, through the Assistant Attor21 ney General for the Civil Rights Division.

22 ‘‘SEC. 544. TECHNICAL SPECIFICATIONS AND GUIDELINES.

23 ‘‘(a) IN GENERAL.—To carry out section 5 of the

24 fourteenth amendment to the Constitution of the United

25 States, in accordance with the requirements of this chap-
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1 ter, and in consultation with the Office of Election Admin2 istration of the Federal Election Commission, the Office

3 of Civil Rights of the Department of Justice shall

4 develop—

5 ‘‘(1) technical specifications with respect to the

6 voting system activities described in section 541(a);

7 ‘‘(2) guidelines with respect to the provisional

8 voting activities described in section 541(b); and

9 ‘‘(3) guidelines with respect to the sample ballot

10 activities described in section 541(c).

11 ‘‘(b) DEADLINE FOR INITIAL SPECIFICATIONS AND

12 GUIDELINES.—The Office of Civil Rights shall develop the

13 initial set of technical specifications and guidelines under

14 subsection (a) not later than 1 year after the date of the

15 enactment of this Act.

16 ‘‘(c) PROVISION OF CONTINUING INFORMATION.—

17 After preparing the initial set of technical specifications

18 and guidelines under subsection (a), the Office of Civil

19 Rights shall continue to provide information to assist the

20 Attorney General in carrying out this chapter, including

21 preparing revised technical specifications and guidelines at

22 such times as the Attorney General considers appropriate.

23 ‘‘CHAPTER C—DEFINITIONS

24 ‘‘SEC. 551. DEFINITIONS.

25 ‘‘In this subpart, the following definitions shall apply:
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1 ‘‘(1) The term ‘election’ means a general, spe2 cial, primary, or runoff election, or a convention or

3 caucus of a political party which has authority to

4 nominate a candidate for elected office.

5 ‘‘(2) The term ‘State’ means each of the several

6 States, the District of Columbia, the Commonwealth

7 of Puerto Rico, American Samoa, Guam, and the

8 United States Virgin Islands.’’.

9 TITLE II—EARLY BIRD AND

10 GOOD CITIZEN GRANT PRO11 GRAM

12 SEC. 201. EARLY BIRD AND GOOD CITIZEN GRANT PRO13 GRAM.

14 Part E of title I of Public Law 90–351 (42 U.S.C.

15 3750 et seq.), as amended by section 101, is amended by

16 adding at the end the following new subpart:

17 ‘‘Subpart 5—Early Bird and Good Citizen Grant

18 Program

19 ‘‘SEC. 571. ESTABLISHMENT OF EARLY BIRD AND GOOD CIT20 IZEN GRANT PROGRAM.

21 ‘‘(a) IN GENERAL.—Pursuant to section 5 of the

22 fourteenth amendment to the Constitution of the United

23 States, there is established a grant program to provide

24 equal protection of voting rights, under which the Attor25 ney General, subject to the general policies and criteria
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1 for the approval of applications established under section

2 573 and in consultation with the Assistant Attorney Gen3 eral for the Civil Rights Division, is authorized to make

4 grants to States and localities to pay the Federal share

5 of the costs of the activities described in section 572.

6 ‘‘(b) ACTION THROUGH OFFICE OF JUSTICE PRO7 GRAMS AND ASSISTANT ATTORNEY GENERAL FOR CIVIL

8 RIGHTS.—In carrying out this subpart, the Attorney Gen9 eral shall act through the Assistant Attorney General for

10 the Office of Justice Programs and the Assistant Attorney

11 General for the Civil Rights Division.

12 ‘‘SEC. 572. AUTHORIZED ACTIVITIES.

13 ‘‘A State or locality may use grant payments received

14 under this subpart—

15 ‘‘(1) to improve, acquire, or replace voting

16 equipment or technology and improve the accessi17 bility of polling places, including providing physical

18 access for persons with disabilities and to other indi19 viduals with special needs and nonvisual access for

20 voters with visual impairments, and assistance to

21 voters with limited proficiency in the English lan22 guage;

23 ‘‘(2) to implement new election administration

24 procedures to increase voter participation and reduce
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1 disenfranchisement, such as ‘same-day’ voter reg2 istration procedures;

3 ‘‘(3) to educate voters concerning voting proce4 dures, voting rights or voting technology, and to

5 train election personnel; or

6 ‘‘(4) upon completion of the final report under

7 section 303(c)(2) of the Equal Protection of Voting

8 Rights Act of 2001, to implement recommendations

9 contained in such report under section

10 303(c)(2)(B)(ii) of such Act.

11 ‘‘SEC. 573. GENERAL POLICIES AND CRITERIA FOR THE AP12 PROVAL OF APPLICATIONS OF STATES AND

13 LOCALITIES; REQUIREMENTS OF STATE

14 PLANS.

15 ‘‘(a) GENERAL POLICIES.—The Attorney General

16 shall establish general policies with respect to the approval

17 of applications of States and localities, the awarding of

18 grants, and the use of assistance made available under this

19 subpart.

20 ‘‘(b) CRITERIA.—

21 ‘‘(1) IN GENERAL.—The Attorney General shall

22 establish criteria with respect to the approval of ap23 plications of States and localities submitted under

24 section 574, including the requirements for State

25 plans under paragraph (2).
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1 ‘‘(2) REQUIREMENTS OF STATE PLANS.—Attor2 ney General shall not approve an application of a

3 State unless the State plan of that State provides

4 for each of the following:

5 ‘‘(A) Uniform and nondiscriminatory

6 standards within the State for the equal protec7 tion of voting rights which meet the require8 ments for voting systems, provisional voting,

9 and sample ballots described in section 531.

10 ‘‘(B) Accuracy of the records of eligible

11 voters in the State to ensure that legally reg12 istered voters appear in such records and pre13 vent any purging of such records to remove ille14 gal voters that results in the elimination of

15 legal voters as well.

16 ‘‘(C) Uniform and nondiscriminatory vot17 ing standards that ensure—

18 ‘‘(i) ease and convenience of voting for

19 all voters, including accuracy, non-intimi20 dation, and nondiscrimination;

21 ‘‘(ii) conditions for nonvisual access

22 and other access for voters with special

23 needs that provide the same opportunity

24 for access and participation, including pri25 vacy and independence;
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1 ‘‘(iii) compliance with the Voting Ac2 cessibility for the Elderly and Handicapped

3 Act (42 U.S.C. 1973ee et seq.);

4 ‘‘(iv) compliance with the Voting

5 Rights Act of 1965 (42 U.S.C. 1973aa et

6 seq.), including sections 203 and 4(f)(4);

7 ‘‘(v) compliance with the National

8 Voter Registration Act of 1993 (42 U.S.C.

9 1973gg et seq.); and

10 ‘‘(vi) overseas voters and absent uni11 formed service voters (as such terms are

12 defined in section 107 of the Uniformed

13 and Overseas Citizens Absentee Voting Act

14 (42 U.S.C. 1973ff–6)) have a meaningful

15 opportunity to exercise their voting rights

16 as citizens of the United States.

17 ‘‘(D) Voter education programs regarding

18 the right to vote and methodology and proce19 dures for participating in elections and training

20 programs for election personnel and volunteers,

21 including procedures to carry out subparagraph

22 (E).

23 ‘‘(E) An effective method of notifying vot24 ers at polling places on the day of election of
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1 basic voting procedures to effectuate their vote

2 as provided for in State and Federal law.

3 ‘‘(F) A timetable for meeting the elements

4 of the plan.

5 ‘‘(3) CONSISTENCY WITH REQUIREMENTS FOR

6 EQUAL PROTECTION OF VOTING RIGHTS.—The cri7 teria established by the Attorney General under this

8 subsection and the State plans required under this

9 subsection shall be consistent with the requirements

10 for the equal protection of voting rights under sec11 tion 531.

12 ‘‘(c) CONSULTATION.—In establishing the general

13 policies and criteria under this section, the Attorney Gen14 eral shall consult with the Assistant Attorney General for

15 the Civil Rights Division.

16 ‘‘SEC. 574. SUBMISSION OF APPLICATIONS OF STATES AND

17 LOCALITIES.

18 ‘‘(a) SUBMISSION OF APPLICATIONS BY STATES.—

19 ‘‘(1) IN GENERAL.—Subject to paragraph (3),

20 the chief executive officer of each State desiring to

21 receive a grant under this subpart shall submit an

22 application to the Attorney General at such time, in

23 such manner, and accompanied by such additional

24 information as the Attorney General, in consultation
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1 with the Assistant Attorney General for the Civil

2 Rights Division, may reasonably require.

3 ‘‘(2) CONTENTS OF APPLICATIONS.—Each ap4 plication submitted under paragraph (1) shall in5 clude the following:

6 ‘‘(A) STATE PLAN.—A State plan that—

7 ‘‘(i) is developed in consultation with

8 State and local election officials;

9 ‘‘(ii) describes the activities authorized

10 under section 572 for which assistance

11 under this subpart is sought; and

12 ‘‘(iii) contains a detailed explanation

13 of how the State will comply with the re14 quirements described in section 573(b).

15 ‘‘(B) COMPLIANCE WITH FEDERAL MATCH16 ING REQUIREMENTS.—An assurance that the

17 State will pay the non-Federal share of the

18 costs of the activities for which assistance is

19 sought from non-Federal sources that may be

20 accompanied by a request for a waiver of the

21 matching requirements under section 576(b)(2).

22 ‘‘(C) ADDITIONAL ASSURANCES.—Such ad23 ditional assurances as the Attorney General, in

24 consultation with the Assistant Attorney Gen25 eral for the Civil Rights Division, determines to
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1 be essential to ensure compliance with the re2 quirements of this subpart.

3 ‘‘(3) AVAILABILITY OF STATE PLANS FOR RE4 VIEW AND COMMENT.—A State submitting an appli5 cation under this section shall make the State plan

6 proposed to be included in that application available

7 to the public for review and comment prior to the

8 submission of the application.

9 ‘‘(b) SUBMISSION OF APPLICATIONS BY LOCAL10 ITIES.—

11 ‘‘(1) IN GENERAL.—If a State has submitted an

12 application under subsection (a), a locality of that

13 State may submit an application for assistance to

14 the Attorney General at such time, in such manner,

15 and accompanied by such additional information as

16 the Attorney General, in consultation with the As17 sistant Attorney General for the Civil Rights Divi18 sion, may reasonably require.

19 ‘‘(2) CONTENTS OF APPLICATIONS.—Each ap20 plication submitted by a locality under paragraph

21 (1) shall include the following:

22 ‘‘(A) CONSISTENCY WITH STATE PLAN.—

23 Information similar to the information required

24 to be submitted under the State plan under
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1 subsection (a)(2)(A) that is not inconsistent

2 with that plan.

3 ‘‘(B) NONDUPLICATION OF EFFORT.—As4 surances that any assistance directly provided

5 to the locality under this subpart is not avail6 able to that locality through the State.

7 ‘‘(C) COMPLIANCE WITH FEDERAL MATCH8 ING REQUIREMENTS.—A description of how the

9 locality will pay the non-Federal share from

10 non-Federal sources that may be accompanied

11 by a request for a waiver of the matching re12 quirements under section 576(b)(2).

13 ‘‘(D) ADDITIONAL ASSURANCES.—Such

14 additional assurances as the Attorney General,

15 in consultation with the Assistant Attorney

16 General for the Civil Rights Division, deter17 mines to be essential to ensure compliance with

18 the requirements of this subpart.

19 ‘‘SEC. 575. APPROVAL OF APPLICATIONS OF STATES AND

20 LOCALITIES.

21 ‘‘(a) APPROVAL OF STATE APPLICATIONS.—

22 ‘‘(1) IN GENERAL.—The Attorney General, in

23 consultation with the Assistant Attorney General for

24 the Civil Rights Division, shall approve applications

25 in accordance with the general policies and criteria
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1 for the approval of applications established under

2 section 573.

3 ‘‘(2) PUBLICATION OF STATE PLANS AND SO4 LICITATION OF COMMENTS.—After receiving an ap5 plication of a State submitted under section

6 574(a)(1), the Attorney General shall publish the

7 State plan contained in that application in the Fed8 eral Register and solicit comments on the plan from

9 the public. The publication of and the solicitation of

10 comments on such a plan pursuant to this sub11 section shall not be treated as an exercise of rule12 making authority by the Attorney General for pur13 poses of subchapter II of chapter 5 of title 5, United

14 States Code.

15 ‘‘(3) APPROVAL.—At any time after the expira16 tion of the 30-day period which begins on the date

17 the State plan is published in the Federal Register

18 under subsection (a), and taking into consideration

19 any comments received under such subsection, the

20 Attorney General, in consultation with the Assistant

21 Attorney General for the Civil Rights Division, shall

22 approve or disapprove the application that contains

23 the State plan published under paragraph (2) in ac24 cordance with the general policies and criteria estab25 lished under section 573.
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1 ‘‘(b) APPROVAL OF APPLICATIONS OF LOCALITIES.—

2 If the Attorney General has approved the application of

3 a State under subsection (a), the Attorney General, in con4 sultation with the Assistant Attorney General for the Civil

5 Rights Division, may approve an application submitted by

6 a locality of that State under section 574(b) in accordance

7 with the general policies and criteria established under

8 section 573.

9 ‘‘SEC. 576. FEDERAL MATCHING FUNDS.

10 ‘‘(a) PAYMENTS.—Subject to subsection (d), the At11 torney General shall pay to each State or locality having

12 an application approved under section 575 the Federal

13 share of the cost of the activities described in that applica14 tion.

15 ‘‘(b) FEDERAL SHARE.—

16 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

17 and (3), for purposes of subsection (a), the Federal

18 share shall be 80 percent.

19 ‘‘(2) WAIVER.—The Attorney General may

20 specify a Federal share greater than 80 percent

21 under terms and conditions consistent with this sub22 part.

23 ‘‘(3) INCENTIVE FOR EARLY ACTION.—For any

24 recipient of a grant whose application was received
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1 prior to March 1, 2002, the Federal share shall be

2 90 percent.

3 ‘‘(c) NON-FEDERAL SHARE.—The non-Federal share

4 of payments under this subpart may be in cash or in kind

5 fairly evaluated, including planned equipment or services.

6 ‘‘(d) COORDINATION WITH EQUAL PROTECTION OF

7 VOTING RIGHTS REQUIREMENTS.—

8 ‘‘(1) PROHIBITING PAYMENTS UNDER GRANT

9 PROGRAM FOR ACTIVITIES SUBJECT TO REIMBURSE10 MENT UNDER SUBPART 4.—Notwithstanding any

11 other provision of this subpart, the Attorney General

12 may not make any payment under this subpart for

13 any portion of the cost of any activity which is sub14 ject to reimbursement under subpart 4.

15 ‘‘(2) PROHIBITING PAYMENTS FOR RELATED

16 ACTIVITIES INCONSISTENT WITH REQUIREMENTS.—

17 In addition to the restriction described in paragraph

18 (1), the Attorney General may not make any pay19 ment under this subpart for the cost of any other

20 activity relating to voting systems, provisional vot21 ing, or sample ballots which is not consistent with

22 the requirements for the equal protection of voting

23 rights under section 531.
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1 ‘‘SEC. 577. AUDITS AND EXAMINATIONS OF STATES AND LO2 CALITIES.

3 ‘‘(a) RECORDKEEPING REQUIREMENT.—Each recipi4 ent of a grant under this subpart shall keep such records

5 as the Attorney General, in consultation with the Assistant

6 Attorney General for the Civil Rights Division, shall pre7 scribe.

8 ‘‘(b) AUDIT AND EXAMINATION.—The Attorney Gen9 eral and the Comptroller General, or any authorized rep10 resentative of the Attorney General or the Comptroller

11 General, shall audit any recipient of a grant under this

12 subpart and shall have access to any record of a recipient

13 of a grant under this subpart that the Attorney General

14 or the Comptroller General determines may be related to

15 a grant received under this subpart for the purpose of con16 ducting an audit or examination.

17 ‘‘SEC. 578. REPORTS TO CONGRESS AND THE ATTORNEY

18 GENERAL.

19 ‘‘(a) REPORTS TO CONGRESS.—Not later than Janu20 ary 31, 2003, and each year thereafter, the Attorney Gen21 eral shall submit to the President and Congress a report

22 on the program under this subpart for the preceding year.

23 Each report shall contain the following:

24 ‘‘(1) A description and analysis of any activities

25 funded by a grant awarded under this subpart.
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1 ‘‘(2) Any recommendation for legislative or ad2 ministrative action that the Attorney General con3 siders appropriate.

4 ‘‘(b) REPORTS TO THE ATTORNEY GENERAL.—The

5 Attorney General shall require each recipient of a grant

6 under this subpart to submit reports to the Attorney Gen7 eral, at such time, in such manner, and containing such

8 information as the Attorney General considers appro9 priate.

10 ‘‘SEC. 579. NONDISCRIMINATION.

11 ‘‘For the purpose of applying the prohibitions against

12 discrimination on the basis of age under the Age Discrimi13 nation Act of 1975 (42 U.S.C. 6101 et seq.), on the basis

14 of handicap under section 504 of the Rehabilitation Act

15 of 1973, on the basis of sex under title IX of the Edu16 cation Amendments of 1972 (20 U.S.C. 1681 et seq.), or

17 on the basis of race, color, or national origin under title

18 VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et

19 seq.), programs and activities funded or otherwise finan20 cially assisted in whole or in part under this subpart are

21 considered to be programs and activities receiving Federal

22 financial assistance.

23 ‘‘SEC. 580. DEFINITIONS OF STATE AND LOCALITY.

24 ‘‘In this subpart:
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1 ‘‘(1) STATE.—The term ‘State’ means each of

2 the several States, the District of Columbia, the

3 Commonwealth of Puerto Rico, American Samoa,

4 Guam, and the United States Virgin Islands.

5 ‘‘(2) LOCALITY.—The term ‘locality’ means a

6 political subdivision of a State.

7 ‘‘SEC. 581. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘(a) AUTHORIZATION.—

9 ‘‘(1) IN GENERAL.—There are authorized to be

10 appropriated to the Department of Justice—

11 ‘‘(A) $700,000,000 for fiscal year 2002;

12 and

13 ‘‘(B) such amounts as necessary for each

14 of fiscal years 2003, 2004, 2005, and 2006.

15 ‘‘(2) USE OF AMOUNTS.—Amounts appro16 priated under paragraph (1) shall be for the purpose

17 of—

18 ‘‘(A) awarding grants under this subpart;

19 and

20 ‘‘(B) paying for the costs of administering

21 the program to award such grants.

22 ‘‘(b) LIMITATION.—Not more than 1 percent of any

23 sums appropriated under paragraph (1) of subsection (a)

24 may be used to pay for the administrative costs described

25 in paragraph (2)(B) of such subsection.
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1 ‘‘(c) SUPPLEMENTAL APPROPRIATIONS.—There are

2 authorized to be appropriated as supplemental appropria3 tions for fiscal year 2001 such sums as the Department

4 of Justice considers necessary to carry out the provisions

5 of this subpart.’’.

6 TITLE III—COMMISSION ON VOT7 ING RIGHTS AND PROCE8 DURES

9 SEC. 301. ESTABLISHMENT.

10 Pursuant to section 5 of the fourteenth amendment

11 to the Constitution of the United States, there is estab12 lished the Commission on Voting Rights and Procedures

13 (in this title referred to as the ‘‘Commission’’).

14 SEC. 302. MEMBERSHIP OF THE COMMISSION.

15 (a) NUMBER AND APPOINTMENT.—The Commission

16 shall be composed of 12 members of whom—

17 (1) 6 members shall be appointed by the Presi18 dent;

19 (2) 3 members shall be appointed by the Minor20 ity Leader of the Senate (or, if the Minority Leader

21 is a member of the same political party as the Presi22 dent, by the Majority Leader of the Senate); and

23 (3) 3 members shall be appointed by the Minor24 ity Leader of the House of Representatives (or, if

25 the Minority Leader is a member of the same polit-
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1 ical party as the President, by the Majority Leader

2 of the House of Representatives).

3 (b) QUALIFICATIONS.—Each member appointed

4 under subsection (a) shall be chosen on the basis of—

5 (1) experience with, and knowledge of—

6 (A) election law;

7 (B) election technology;

8 (C) Federal, State, or local election admin9 istration;

10 (D) the Constitution; or

11 (E) the history of the United States; and

12 (2) integrity, impartiality, and good judgment.

13 (c) PERIOD OF APPOINTMENT; VACANCIES.—

14 (1) PERIOD OF APPOINTMENT.—Each member

15 shall be appointed for the life of the Commission.

16 (2) LOCALITIES.—

17 (A) IN GENERAL.—A vacancy in the Com18 mission shall not affect its powers.

19 (B) MANNER OF REPLACEMENT.—Not

20 later than 60 days after the date of the va21 cancy, a vacancy on the Commission shall be

22 filled in the same manner as the original ap23 pointment was made and shall be subject to any

24 conditions which applied with respect to the

25 original appointment.
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1 (d) CHAIRPERSON; VICE CHAIRPERSON.—

2 (1) IN GENERAL.—The Commission shall elect

3 a chairperson and vice chairperson from among its

4 members.

5 (2) POLITICAL AFFILIATION.—The chairperson

6 and vice chairperson may not be affiliated with the

7 same political party.

8 (e) DATE OF APPOINTMENT.—The appointments of

9 the members of the Commission shall be made not later

10 than 45 days after the date of enactment of this Act.

11 (f) MEETINGS.—

12 (1) IN GENERAL.—The Commission shall meet

13 at the call of the chairperson.

14 (2) INITIAL MEETING.—Not later than 20 days

15 after the date on which all members of the Commis16 sion have been appointed, the Commission shall hold

17 its first meeting.

18 (3) QUORUM.—A majority of the members of

19 the Commission shall constitute a quorum, but a

20 lesser number of members may hold hearings.

21 (g) VOTING.—Each action of the Commission shall

22 be approved by a majority vote of the entire Commission.

23 Each member shall have 1 vote.

24 SEC. 303. DUTIES OF THE COMMISSION.

25 (a) STUDY.—
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1 (1) IN GENERAL.—The Commission shall con2 duct a thorough study of the following issues with

3 respect to elections for Federal, State, and local of4 fice:

5 (A) Access to ballots and polling places, in6 cluding timely notice of voting locations and

7 matters relating to access for—

8 (i) voters with disabilities;

9 (ii) voters with visual impairments;

10 (iii) voters with limited English lan11 guage proficiency;

12 (iv) voters who need assistance in

13 order to understand the voting process or

14 how to cast a ballot; and

15 (v) other voters with special needs.

16 (B) Voter registration and maintenance of

17 voter rolls, including the use of provisional vot18 ing and standards for reenfranchisement of vot19 ers.

20 (C) Alternative voting methods.

21 (D) Voter intimidation, both real and per22 ceived.

23 (E) Accuracy of voting, election proce24 dures, and election technology.

25 (F) Voter education.
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1 (G) Election personnel and volunteer train2 ing.

3 (H) Election technology and systems.

4 (I) Designs of ballots and the uniformity of

5 ballots.

6 (J) The effect of the capacity of voting

7 machines on the efficiency of election adminis8 tration, including how the number of ballots

9 which may be processed by a single machine

10 over a period of time affects the number of ma11 chines needed to carry out an election at a par12 ticular polling place and the number of polling

13 places and other facilities necessary to serve the

14 voters.

15 (K)(i) The implementation of title I of the

16 Uniformed and Overseas Citizens Absentee Vot17 ing Act (42 U.S.C. 1973ff et seq.) and the

18 amendments made by title II of that Act by—

19 (I) the Secretary of Defense, acting as

20 the Presidential designee under section

21 101 of that Act (42 U.S.C. 1973ff);

22 (II) each other Federal Government

23 official having responsibilities under that

24 Act; and

25 (III) each State; and
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1 (ii) whether any legislative or administra2 tive action is necessary to provide a meaningful

3 opportunity for each absent uniformed services

4 voter (as defined in section 107(1) of that Act

5 (42 U.S.C. 1973ff–6(1))) and each overseas

6 voter (as defined in section 107(5) of that Act

7 (42 U.S.C. 1973ff–6(5))) to register to vote

8 and vote in elections for Federal office.

9 (L) The feasibility and advisability of es10 tablishing the date on which elections are held

11 as a Federal or State holiday.

12 (M) The feasibility and advisability of es13 tablishing modified polling place hours, and the

14 effects thereof.

15 (N) How the Federal Government can, on

16 a permanent basis, best provide ongoing assist17 ance to State and local authorities to improve

18 the administration of elections, and whether an

19 existing or a new Federal agency should provide

20 such assistance.

21 (2) WEBSITE.—In addition to any other publi22 cation activities the Commission may be required to

23 carry out, for purposes of conducting the study

24 under this subsection the Commission shall establish
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1 an Internet website to facilitate public comment and

2 participation.

3 (b) RECOMMENDATIONS.—

4 (1) RECOMMENDATIONS OF BEST PRACTICES IN

5 VOTING AND ELECTION ADMINISTRATION.—The

6 Commission shall develop specific recommendations

7 with respect to the matters studied under subsection

8 (a) that identify those methods of voting and admin9 istering elections studied by the Commission that

10 would—

11 (A) be convenient, accessible, nondiscrim12 inatory, and easy to use for all voters, including

13 voters with disabilities, absent uniformed serv14 ices voters, overseas voters, and other voters

15 with special needs, including voters with limited

16 English language proficiency or who otherwise

17 need assistance in order to understand the vot18 ing process or to cast a ballot;

19 (B) yield the broadest participation; and

20 (C) produce accurate results.

21 (2) RECOMMENDATIONS FOR PROVIDING FED22 ERAL ASSISTANCE.—The Commission shall develop

23 specific recommendations with respect to the matters

24 studied under subsection (a)(1)(N) on how the Fed25 eral Government can, on a permanent basis, best
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1 provide ongoing assistance to State and local au2 thorities to improve the administration of elections,

3 and identify whether an existing or a new Federal

4 agency should provide such assistance.

5 (3) RECOMMENDATIONS FOR VOTER PARTICIPA6 TION IN ELECTIONS.—The Commission shall develop

7 specific recommendations with respect to the matters

8 studied under subsection (a) on methods—

9 (A) to increase voter registration;

10 (B) to increase the accuracy of voter rolls

11 and participation and inclusion of legal voters;

12 (C) to improve voter education; and

13 (D) to improve the training of election per14 sonnel and volunteers.

15 (4) CONSISTENCY WITH REQUIREMENTS FOR

16 EQUAL PROTECTION OF VOTING RIGHTS.—The Com17 mission shall ensure that the specific recommenda18 tions developed under this subsection are consistent

19 with the equal protection of voting rights require20 ments under section 531 of Public Law 90–351 (as

21 added by section 101).

22 (c) REPORTS.—

23 (1) INTERIM REPORTS.—Not later than the

24 date on which the Commission submits the final re25 port under paragraph (2), the Commission may sub-
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1 mit to the President and Congress such interim re2 ports as a majority of the members of the Commis3 sion determine appropriate.

4 (2) FINAL REPORT.—

5 (A) IN GENERAL.—Not later than 1 year

6 after the date of enactment of this Act, the

7 Commission shall submit to the President and

8 Congress a final report that has received the

9 approval of a majority of the members of the

10 Commission.

11 (B) CONTENT.—The final report shall

12 contain—

13 (i) a detailed statement of the find14 ings and conclusions of the Commission on

15 the matters studied under subsection (a);

16 (ii) a detailed statement of the rec17 ommendations developed under subsection

18 (b) which received a majority vote of the

19 members of the Commission; and

20 (iii) any dissenting or minority opin21 ions of the members of the Commission.

22 SEC. 304. POWERS OF THE COMMISSION.

23 (a) HEARINGS.—The Commission or, at its direction,

24 any subcommittee or member of the Commission, may, for

25 the purpose of carrying out this title—
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1 (1) hold such hearings, sit and act at such

2 times and places, take such testimony, receive such

3 evidence, and administer such oaths; and

4 (2) require, by subpoena or otherwise, the at5 tendance and testimony of such witnesses and the

6 production of such books, records, correspondence,

7 memoranda, papers, documents, tapes, and materials

8 as the Commission or such subcommittee or member

9 considers advisable.

10 (b) ISSUANCE AND ENFORCEMENT OF SUB11 POENAS.—

12 (1) ISSUANCE.—Any subpoena issued under

13 subsection (a) shall be issued by the chairperson and

14 vice chairperson of the Commission acting jointly.

15 Each subpoena shall bear the signature of the chair16 person of the Commission and shall be served by any

17 person or class of persons designated by the chair18 person for that purpose.

19 (2) ENFORCEMENT.—In the case of contumacy

20 or failure to obey a subpoena issued under sub21 section (a), the United States district court for the

22 judicial district in which the subpoenaed person re23 sides, is served, or may be found may issue an order

24 requiring such person to appear at any designated

25 place to testify or to produce documentary or other
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1 evidence. Any failure to obey the order of the court

2 may be punished by the court as a contempt of that

3 court.

4 (c) WITNESS ALLOWANCES AND FEES.—Section

5 1821 of title 28, United States Code, shall apply to wit6 nesses requested or subpoenaed to appear at any hearing

7 of the Commission. The per diem and mileage allowances

8 for witnesses shall be paid from funds available to pay the

9 expenses of the Commission.

10 (d) INFORMATION FROM FEDERAL AGENCIES.—The

11 Commission may secure directly from any Federal depart12 ment or agency such information as the Commission con13 siders necessary to carry out this title. Upon request of

14 the chairperson and vice chairperson of the Commission

15 acting jointly, the head of such department or agency shall

16 furnish such information to the Commission.

17 (e) POSTAL SERVICES.—The Commission may use

18 the United States mails in the same manner and under

19 the same conditions as other departments and agencies of

20 the Federal Government.

21 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

22 request of the chairperson and vice chairperson of the

23 Commission acting jointly, the Administrator of the Gen24 eral Services Administration shall provide to the Commis25 sion, on a reimbursable basis, the administrative support
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1 services that are necessary to enable the Commission to

2 carry out its duties under this title.

3 (g) GIFTS AND DONATIONS.—The Commission may

4 accept, use, and dispose of gifts or donations of services

5 or property to carry out this title.

6 (h) APPLICATION OF FEDERAL ADVISORY COM7 MITTEE ACT.—Except as otherwise provided in this Act,

8 the Commission shall be subject to the requirements of

9 the Federal Advisory Committee Act (5 U.S.C. App.).

10 SEC. 305. COMMISSION PERSONNEL MATTERS.

11 (a) COMPENSATION OF MEMBERS.—Each member of

12 the Commission who is not an officer or employee of the

13 Federal Government shall be compensated at a rate equal

14 to the daily equivalent of the annual rate of basic pay pre15 scribed for level IV of the Executive Schedule under sec16 tion 5315 of title 5, United States Code, for each day (in17 cluding travel time) during which such member is engaged

18 in the performance of the duties of the Commission. All

19 members of the Commission who are officers or employees

20 of the United States shall serve without compensation in

21 addition to that received for their services as officers or

22 employees of the United States.

23 (b) TRAVEL EXPENSES.—The members of the Com24 mission shall be allowed travel expenses, including per

25 diem in lieu of subsistence, at rates authorized for employ-
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1 ees of agencies under subchapter I of chapter 57 of title

2 5, United States Code, while away from their homes or

3 regular places of business in the performance of services

4 for the Commission.

5 (c) STAFF.—

6 (1) IN GENERAL.—The chairperson and vice

7 chairperson of the Commission, acting jointly, may,

8 without regard to the civil service laws and regula9 tions, appoint and terminate an executive director

10 and such other additional personnel as may be nec11 essary to enable the Commission to perform its du12 ties. The employment of an executive director shall

13 be subject to confirmation by the Commission.

14 (2) COMPENSATION.—The chairperson and vice

15 chairperson of the Commission, acting jointly, may

16 fix the compensation of the executive director and

17 other personnel without regard to chapter 51 and

18 subchapter III of chapter 53 of title 5, United

19 States Code, relating to classification of positions

20 and General Schedule pay rates, except that the rate

21 of pay for the executive director and other personnel

22 may not exceed the rate payable for level V of the

23 Executive Schedule under section 5316 of such title.

24 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any

25 Federal Government employee may be detailed to the
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1 Commission without reimbursement, and such detail shall

2 be without interruption or loss of civil service status or

3 privilege.

4 (e) PROCUREMENT OF TEMPORARY AND INTERMIT5 TENT SERVICES.—The chairperson and vice chairperson

6 of the Commission, acting jointly, may procure temporary

7 and intermittent services under section 3109(b) of title 5,

8 United States Code, at rates for individuals which do not

9 exceed the daily equivalent of the annual rate of basic pay

10 prescribed for level V of the Executive Schedule under sec11 tion 5316 of such title.

12 SEC. 306. TERMINATION OF THE COMMISSION.

13 The Commission shall terminate 45 days after the

14 date on which the Commission submits its final report and

15 recommendations under section 303(c)(2).

16 SEC. 307. AUTHORIZATION OF APPROPRIATIONS FOR THE

17 COMMISSION.

18 (a) IN GENERAL.—There are authorized to be appro19 priated such sums as may be necessary to carry out the

20 purposes of this title.

21 (b) AVAILABILITY.—Any sums appropriated under

22 the authorization contained in this section shall remain

23 available, without fiscal year limitation, until expended.
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1 TITLE IV—ANTITRUST

2 EXEMPTION

3 SEC. 401. ANTITRUST EXEMPTION FOR COOPERATIVE AC4 TIVITIES RELATING TO COMPLIANCE OF VOT5 ING SYSTEMS WITH REQUIREMENTS

6 (a) IN GENERAL.—Subject to subsection (b), the

7 antitrust laws shall not apply to the sharing of any infor8 mation, research, or data relating to the development or

9 sale of voting systems and related products which is car10 ried out to promote the compliance of voting systems with

11 the requirements described in chapter A of subpart 4 of

12 part E of title I of Public Law 90–351 (as added by sec13 tion 201).

14 (b) LIMITATION.—The exemption provided in sub15 section (a) shall not apply to any activity which results

16 in price fixing or the boycott of any person.

17 SEC. 402. ANTITRUST LAWS DEFINED.

18 In this title, the term ‘‘antitrust laws’’ has the mean19 ing given such term in subsection (a) of the first section

20 of the Clayton Act (15 U.S.C. 12(a)), except that such

21 term includes section 5 of the Federal Trade Commission

22 Act (15 U.S.C. 45) to the extent that such section applies

23 to unfair methods of competition.
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1 TITLE V—MISCELLANEOUS

2 SEC. 501. RELATIONSHIP TO OTHER LAWS.

3 (a) IN GENERAL.—Nothing in this Act may be con4 strued to authorize or require conduct prohibited under

5 the following laws, or supersede, restrict, or limit such

6 laws:

7 (1) The National Voter Registration Act of

8 1993 (42 U.S.C. 1973gg et seq.).

9 (2) The Voting Rights Act of 1965 (42 U.S.C.

10 1973aa et seq.).

11 (3) The Voting Accessibility for the Elderly and

12 Handicapped Act (42 U.S.C. 1973ee et seq.).

13 (4) The Uniformed and Overseas Citizens Ab14 sentee Voting Act (42 U.S.C. 1973ff et seq.).

15 (5) The Americans with Disabilities Act of

16 1990 (42 U.S.C. 1994 et seq.).

17 (b) NO EFFECT ON PRECLEARANCE OR OTHER RE18 QUIREMENTS UNDER VOTING RIGHTS ACT.—The ap19 proval by the Attorney General of a State’s application

20 for a grant under subpart 5 of part E of title I of Public

21 Law 90–351 (as added by section 201), or any other ac22 tion taken by the Attorney General or a State under such

23 subpart, shall not be considered to have any effect on re24 quirements for preclearance under section 5 of the Voting

25 Rights Act of 1965 or any other requirements of such Act.
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•HR 1170 IH

1 SEC. 502. SEVERABILITY.

2 If any provision of this Act or any amendment made

3 by this Act, or the application of a provision or amend4 ment to any person or circumstance, is held to be uncon5 stitutional, the remainder of this Act and the amendments

6 made by this Act, and the application of the provisions

7 and amendment to any other person or circumstance, shall

8 not be affected by the holding.

Æ