(B) The rights of absent uniformed serv-
ices voters and overseas voters to register to
vote and cast absentee ballots.
(C) The rights of absent uniformed serv-
ices voters and overseas voters to submit absen-
tee ballot applications early during an election
year.
(D) The appropriate pre-election deadline
for mailing absentee ballots to absent uniformed
services voters and overseas voters.
(E) The appropriate minimum period be-
tween 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 over-
seas voters, including the need to protect
against fraud.
(H) The use of a single application by ab-
sent uniformed services voters and overseas vot-
ers 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 uni-
formed services voters and overseas voters.
(J) The use of facsimile machines and elec-
tronic means of transmission of absentee ballot
applications and absentee ballots to absent uni-
formed services voters and overseas voters.
(K) Other issues related to the rights of
absent uniformed services voters and overseas
voters to participate in elections.
(7) Carry out the provisions of section 9 of the
National Voter Registration Act of 1993 (42 U.S.C.
1973gg–7) regarding mail voter registration.
(8) Make information on the Federal election
system available to the public and the media.
(9) At the request of State officials, assist such
officials in the review of election or vote counting
procedures in Federal elections, through bipartisan
panels of election professionals assembled by the
Commission for such purpose.
(10) Compile and make available to the public
the official certified results of general elections for
Federal office and reports comparing the rates of
voter registration, voter turnout, voting system func-
tions, and ballot errors among jurisdictions in the
United States.
(11) Gather information and serve as a clear-
inghouse concerning issues relating to Federal,
State, and local elections.
(b) 
ELECTION
ADMINISTRATION
ISSUES
DE-
SCRIBED.—The election administration issues described in
this subsection are as follows:
(1) Current and alternate methods and mecha-
nisms of voting and counting votes in elections for
Federal office.
(2) Current and alternate ballot designs for
elections for Federal office.
(3) Current and alternate methods of voter reg-
istration, maintaining secure and accurate lists of
registered voters (including the establishment of a
centralized, interactive, statewide voter registration
list linked to relevant agencies and all polling sites),
and ensuring that all registered voters appear on the
polling list at the appropriate polling site.
(4) Current and alternate methods of con-
ducting provisional voting.
(5) Current and alternate methods of ensuring
the accessibility of voting, registration, polling
places, and voting equipment to all voters, including
disabled voters and voters with limited English pro-
ficiency.
(6) Current and alternate methods of voter reg-
istration for members of the uniformed services and
overseas voters, and methods of ensuring that such
voters receive timely ballots that will be properly and
expeditiously handled and counted.
(7) Current and alternate methods of recruiting
and improving the performance of poll workers.
(8) Federal and State laws governing the eligi-
bility of persons to vote.
(9) Current and alternate methods of educating
voters about the process of registering to vote and
voting, the operation of voting mechanisms, the loca-
tion of polling places, and all other aspects of par-
ticipating in elections.
(10) Matters particularly relevant to voting and
administering elections in rural and urban areas.
(11) Conducting elections for Federal office on
different days, at different places, and during dif-
ferent hours, including the advisability of estab-
lishing a uniform poll closing time.
(12) The ways that the Federal Government
can best assist State and local authorities to improve
the administration of elections for Federal office and
what levels of funding would be necessary to provide
such assistance.
(c) CONSULTATION WITH STANDARDS BOARD AND
BOARD OF ADVISORS.—The Commission shall carry out
its duties under this subtitle in consultation with the
Standards Board and the Board of Advisors.
SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COM-
MITTEE.
(a) ESTABLISHMENT.—There is hereby established
the Technical Standards Development Committee (here-
after in this subtitle referred to as the ‘‘Development Com-
mittee’’).
(b) DUTIES.—
(1) IN GENERAL.—The Development Committee
shall assist the Executive Director of the Commis-
sion in the development of voluntary standards
under this subtitle by recommending standards (and
modifications to standards) to ensure the usability,
accuracy, security, accessibility, and integrity of vot-
ing systems and voting equipment.
(2) DEADLINE
FOR
INITIAL
SET
OF
REC-
OMMENDATIONS.—The 
Development 
Committee
shall provide its first set of recommendations under
this section to the Executive Director of the Com-
mission not later than 9 months after all of its mem-
bers have been appointed.
(c) MEMBERSHIP.—
(1) IN GENERAL.—The Development Committee
shall be composed of the Director of the National
Institute of Standards and Technology (who shall
serve as its chair), together with a group of 14 other
individuals appointed jointly by the Commission and
the Director of the National Institute of Standards
and Technology, consisting of the following:
(A) An equal number of each of the fol-
lowing:
(i) Members of the Standards Board.
(ii) Members of the Board of Advi-
sors.
(iii) Members of the Architectural and
Transportation Barrier Compliance Board
under section 502 of the Rehabilitation Act
of 1973 (29 U.S.C. 792).
(B) A representative of the American Na-
tional Standards Institute.
(C) Other individuals with technical and
scientific expertise relating to voting systems
and voting equipment.
(2) QUORUM.—A majority of the members of
the Development Committee shall constitute a
quorum, except that the Development Committee
may not conduct any business prior to the appoint-
ment of all of its members.
(d) NO COMPENSATION FOR SERVICE.—Members of
the Development Committee shall not receive any com-
pensation for their service, but shall be paid travel ex-
penses, 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 per-
formance of services for the Development Committee.
(e) TECHNICAL SUPPORT FROM NATIONAL INSTI-
TUTE OF STANDARDS AND TECHNOLOGY.—At the request
of the Development Committee, the Director of the Na-
tional Institute of Standards and Technology shall provide
the Development Committee with technical support nec-
essary for the Development Committee to carry out its du-
ties under this subtitle.
(f) PUBLICATION OF RECOMMENDATIONS IN FED-
ERAL REGISTER.—At the time the Commission adopts any
standard pursuant to section 223, the Development Com-
mittee shall cause to have published in the Federal Reg-
ister the recommendations it provided under this section
to the Executive Director of the Commission concerning
the standard adopted.
SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STAND-
ARDS.
(a) CONSIDERATION OF RECOMMENDATIONS OF DE-
VELOPMENT COMMITTEE; SUBMISSION
OF PROPOSED
VOLUNTARY STANDARDS TO BOARD OF ADVISORS AND
STANDARDS BOARD.—
(1) CONSIDERATION OF RECOMMENDATIONS OF
DEVELOPMENT
COMMITTEE.—In developing stand-
ards and modifications for purposes of this section,
the Executive Director of the Commission shall take
into consideration the recommendations provided by
the Technical Standards Development Committee
under section 222.
(2) BOARD OF ADVISORS.—The Executive Di-
rector of the Commission shall submit each of the
voluntary engineering and procedural performance
standards (described in section 221(a)(1)), each of
the 
voluntary 
standards 
described 
in 
section
221(a)(4), and each of the voluntary election man-
agement practice standards (described in section
221(a)(6)) developed by the Executive Director (or
any modifications to such standards) to the Board
of Advisors.
(3) STANDARDS BOARD.—The Executive Direc-
tor of the Commission shall submit each of the vol-
untary engineering and procedural performance
standards (described in section 221(a)(1)), each of
the 
voluntary 
standards 
described 
in 
section
221(a)(4), and each of the voluntary election man-
agement practice standards (described in section
221(a)(6)) developed by the Executive Director (or
any modifications to such standards) to the Execu-
tive Board of the Standards Board, who shall review
the standard (or modification) and forward its rec-
ommendations to the Standards Board.
(b) REVIEW.—Upon receipt of a voluntary standard
described in subsection (a) (or modification of such a
standard) from the Executive Director of the Commission,
the Board of Advisors and the Standards Board shall each
review and submit comments and recommendations re-
garding the standard (or modification) to the Commission.
(c) FINAL APPROVAL.—
(1) IN
GENERAL.—A voluntary standard de-
scribed in subsection (a) (or modification of such a
standard) shall not be considered to be finally adopt-
ed by the Commission unless the majority of the
members of the Commission vote to approve the
final adoption of the standard (or modification), tak-
ing into consideration the comments and rec-
ommendations submitted by the Board of Advisors
and the Standards Board under subsection (b).
(2) MINIMUM PERIOD FOR CONSIDERATION OF
COMMENTS AND RECOMMENDATIONS.—The Commis-
sion may not vote on the final adoption of a vol-
untary standard described in subsection (a) (or
modification of such a standard) until the expiration
of the 90-day period which begins on the date the
Executive Director of the Commission submits the
standard (or modification) to the Board of Advisors
and the Standards Board under subsection (a).
SEC. 224. CERTIFICATION AND TESTING OF VOTING SYS-
TEMS.
(a) CERTIFICATION AND TESTING.—
(1) IN GENERAL.—The Commission shall pro-
vide for the testing, certification, decertification, and
recertification of voting system hardware and soft-
ware by accredited laboratories.
(2) OPTIONAL USE BY STATES.—At the option
of a State, the State may provide for the testing,
certification, decertification, or recertification of its
voting system hardware and software by the labora-
tories accredited by the Commission under this sec-
tion.
(b) LABORATORY ACCREDITATION.—
(1) RECOMMENDATIONS
BY
NATIONAL
INSTI-
TUTE OF STANDARDS AND TECHNOLOGY.—Not later
than 6 months after the Commission first adopts
voluntary engineering and procedural performance
standards under this subtitle, the Director of the
National Institute of Standards and Technology
shall conduct an evaluation of independent, non-Fed-
eral laboratories and shall submit to the Commission
a list of those laboratories the Director proposes to
be accredited to carry out the testing, certification,
decertification, and recertification provided for under
this section.
(2) APPROVAL BY COMMISSION.—The Commis-
sion shall vote on the proposed accreditation of each
laboratory on the list submitted under paragraph
(1), and no laboratory may be accredited for pur-
poses of this section unless its accreditation is ap-
proved by a majority vote of the members of the
Commission.
(c) CONTINUING REVIEW BY NATIONAL INSTITUTE
OF STANDARDS AND TECHNOLOGY.—
(1) IN
GENERAL.—In cooperation with the
Commission and in consultation with the Standards
Board and the Board of Advisors, the Director of
the National Institute of Standards and Technology
shall monitor and review, on an ongoing basis, the
performance of the laboratories accredited by the
Commission under this section, and shall make such
recommendations to the Commission as it considers
appropriate with respect to the continuing accredita-
tion 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 majority vote of the
members of the Commission.
SEC. 225. DISSEMINATION OF INFORMATION.
On an ongoing basis, the Commission shall dissemi-
nate to the public (through the Internet, published re-
ports, and such other methods as the Commission con-
siders appropriate) information on the activities carried
out under this subtitle, including—
(1) the voluntary election standards adopted by
the Commission, together with guidelines for apply-
ing the standards and other information to assist in
their implementation;
(2) the list of laboratories accredited to carry
out testing, certification, decertification, and recer-
tification of voting system hardware and software
under section 224; and
(3) a list of voting system hardware and soft-
ware products which have been certified pursuant to
section 224 as meeting the applicable voluntary
standards adopted by the Commission under this
subtitle.
Subtitle C—Election Assistance
PART 1—ELECTION FUND PAYMENTS TO STATES
FOR VOTING SYSTEM IMPROVEMENTS
SEC. 231. ELECTION FUND PAYMENTS TO STATES FOR VOT-
ING SYSTEM IMPROVEMENTS.
(a) IN GENERAL.—The Commission shall make an
Election Fund payment each year in an amount deter-
mined under section 232 to each State which meets the
requirements described in section 233 for the year.
(b) USE OF FUNDS.—A State receiving an Election
Fund payment shall use the payment for any or all of the
following activities:
(1) Establishing and maintaining accurate lists
of eligible voters.
(2) Encouraging eligible voters to vote.
(3) Improving verification and identification of
voters at the polling place.
(4) Improving equipment and methods for cast-
ing and counting votes.
(5) Recruiting and training election official and
poll workers.
(6) Improving the quantity and quality of avail-
able polling places.
(7) Educating voters about their rights and re-
sponsibilities.
(8) Assuring access for voters with physical dis-
abilities.
(9) Carrying out other activities to improve the
administration of elections in the State.
(c) ADOPTION OF COMMISSION STANDARDS NOT RE-
QUIRED TO RECEIVE PAYMENT.—Nothing in this part
may be construed to require a State to implement any of
the voluntary standards adopted by the Commission with
respect to any matter as a condition for receiving an Elec-
tion Fund payment.
(d) SCHEDULE OF PAYMENTS.—As soon as prac-
ticable after all members of the Commission are appointed
(but in no event later than 6 months thereafter), and not
less frequently than once each calendar year thereafter,
the Commission shall make Election Fund payments to
States under this part.
SEC. 232. ALLOCATION OF FUNDS.
(a) IN GENERAL.—Subject to subsection (c), the
amount of an Election Fund payment made to a State
for a year shall be equal to the product of—
(1) the total amount appropriated for Election
Fund payments for the year under section 234; and
(2) the State allocation percentage for the State
(as determined under subsection (b)).
(b) STATE ALLOCATION PERCENTAGE DEFINED.—
The ‘‘State allocation percentage’’ for a State is the
amount (expressed as a percentage) equal to the quotient
of—
(1) the voting age population of the State; and
(2) the total voting age population of all States.
(c) MINIMUM AMOUNT OF PAYMENT.—The amount
of an Election Fund payment made to a State for a year
may not be less than—
(1) in the case of any of the several States or
the District of Columbia, 1⁄2 of 1 percent of the total
amount appropriated for Election Fund payments
for the year under section 234; or
(2) in the case of the Commonwealth of Puerto
Rico, Guam, American Samoa, or the United States
Virgin Islands, 20 percent of the amount described
in paragraph (1).
(d) CONTINUING AVAILABILITY OF FUNDS AFTER
APPROPRIATION.—An Election Fund payment made to a
State under this part shall be available to the State with-
out fiscal year limitation.
SEC. 233. CONDITIONS FOR RECEIPT OF FUNDS.
(a) IN GENERAL.—In order to receive an Election
Fund payment for a fiscal year, the chief State election
official of the State shall provide the Commission with the
following certifications:
(1) A certification that the State has authorized
and appropriated funds for carrying out the activi-
ties for which the Election Fund payment is made
in an amount equal to 25 percent of the total
amount to be spent for such activities (taking into
account the Election Fund payment and the amount
spent by the State).
(2) A certification that the State has set a uni-
form Statewide benchmark for voting system per-
formance in each local jurisdiction administering
elections, expressed as a percentage of residual vote
in the contest at the top of the ballot, and requires
local jurisdictions to report data relevant to this
benchmark after each general election for Federal
office.
(3) A certification that the State is in compli-
ance with the voluntary voting system standards and
certification processes adopted by the Commission or
that the State has enacted legislation establishing its
own State voting system standards and processes
which (at a minimum) ensure that new voting mech-
anisms have the audit capacity to produce a record
for each ballot cast.
(4) A certification that—
(A) in each precinct or polling place in the
State, there is at least one voting system avail-
able which is fully accessible to individuals with
physical disabilities; and
(B) if the State uses any portion of its
Election Fund payment to obtain new voting
machines, at least one voting machine in each
polling place in the State will be fully accessible
to individuals with physical disabilities.
(5) A certification that the State has estab-
lished a fund described in subsection (b) for pur-
poses of administering its activities under this part.
(6) A certification that, in administering elec-
tion systems, the State is in compliance with the ex-
isting applicable requirements of the Voting Rights
Act of 1965 (42 U.S.C. 1973 et seq.), the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg
et seq.), the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.), and
the Americans With Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(7) A certification that the State provides for
voter education and poll worker training programs
to improve access to and participation in the elec-
toral process, and provides relevant training in the
requirements of the National Voter Registration Act
of 1993 for personnel of State motor vehicle author-
ity offices and other voter registration agencies des-
ignated by the State under such Act.
(8) A certification that the Election Fund pay-
ment has not and will not supplant funds provided
under existing programs funded in the State for car-
rying out the activities for which the Election Fund
payment is made.
(b) REQUIREMENTS FOR ELECTION FUND.—
(1) ELECTION
FUND
DESCRIBED.—For pur-
poses 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 govern-
ment, which is used in accordance with paragraph
(2), and which consists of the following amounts:
SEC. 234. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for Election
Fund payments under this part an aggregate amount of
$2,250,000,000 for fiscal years 2002 through 2004.
PART 2—GRANTS FOR RESEARCH ON VOTING
TECHNOLOGY IMPROVEMENTS
SEC. 241. GRANTS FOR RESEARCH ON VOTING TECH-
NOLOGY IMPROVEMENTS.
(a) IN GENERAL.—The Commission shall make
grants to assist entities in carrying out research and devel-
opment to improve the quality, reliability, accuracy, acces-
sibility, 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 re-
quire) an application containing—
(1) assurances that the research and develop-
ment funded with the grant will take into account
the need to make voting equipment fully accessible
for individuals with disabilities (including blind indi-
viduals), the need to ensure that such individuals
can vote independently and with privacy, and the
need to provide alternative language accessibility for
individuals with limited proficiency in the English
language (consistent with the requirements of the
Voting Rights Act of 1965); and
(2) such other information and assurances as
the Commission may require.
(c) APPLICABILITY
OF REGULATIONS GOVERNING
PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL
ASSISTANCE.—Any invention made by the recipient of a
grant under this part using funds provided under this part
shall be subject to chapter 18 of title 35, United States
Code (relating to patent rights in inventions made with
Federal assistance).
SEC. 242. REPORT.
(a) IN GENERAL.—Each entity which receives a
grant under this part shall submit to the Commission,
Congress, and the President a report describing the activi-
ties carried out with the funds provided under the grant.
(b) DEADLINE.—An entity shall submit a report re-
quired under subsection (a) not later than 60 days after
the end of the fiscal year for which the entity received
the grant which is the subject of the report.
SEC. 243. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants
under this part $20,000,000 for fiscal year 2002.
PART 3—PILOT PROGRAM FOR TESTING OF
EQUIPMENT AND TECHNOLOGY
SEC. 251. PILOT PROGRAM.
(a) IN GENERAL.—The Commission shall make
grants to carry out pilot programs under which new tech-
nologies in voting systems and equipment are implemented
on a trial basis.
(b) ELIGIBILITY.—An entity is eligible to receive a
grant under this part if it submits to the Commission (at
such time and in such form as the Commission may re-
quire) an application containing—
(1) assurances that the pilot programs funded
with the grant will take into account the need to
make voting equipment fully accessible for individ-
uals with disabilities (including blind individuals),
the need to ensure that such individuals can vote
independently and with privacy, and the need to pro-
vide alternative language accessibility for individuals
with limited proficiency in the English language
(consistent with the requirements of the Voting
Rights Act of 1965); and
(2) such other information and assurances as
the Commission may require.
SEC. 252. REPORT.
(a) IN GENERAL.—Each entity which receives a
grant under this part shall submit to the Commission,
Congress, and the President a report describing the activi-
ties carried out with the funds provided under the grant.
(b) DEADLINE.—An entity shall submit a report re-
quired under subsection (a) not later than 60 days after
the end of the fiscal year for which the entity received
the grant which is the subject of the report.
SEC. 253. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants
under this part $10,000,000 for fiscal year 2002.
PART 4—MISCELLANEOUS
SEC. 261. ROLE OF NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY.
(a) RECOMMENDATION OF TOPICS FOR RESEARCH
UNDER VOTING RESEARCH GRANTS AND PILOT PRO-
GRAMS.—The Director of the National Institute of Stand-
ards and Technology (hereafter in this section referred to
as the ‘‘Director’’) shall submit to the Commission an an-
nual list of the Director’s suggestions for issues which may
be the subject of research funded with grants awarded
under part 2 and part 3 during the year.
(b) REVIEW OF GRANT APPLICATIONS RECEIVED BY
COMMISSION.—The Commission shall submit each appli-
cation it receives for a grant under part 2 or part 3 to
the Director, who shall review the application and provide
the Commission with such comments as the Director con-
siders appropriate.
(c) MONITORING AND ADJUSTMENT OF GRANT AC-
TIVITIES.—After the Commission has awarded a grant
under part 2 or part 3, the Director shall monitor the
grant and (to the extent permitted under the terms of the
grant as awarded) may recommend to the Commission
that the recipient of the grant modify and adjust the ac-
tivities carried out under the grant.
(d) EVALUATION OF COMPLETED GRANTS.—
(1) IN
GENERAL.—After the recipient of a
grant awarded by the Commission has completed the
terms of the grant, the Director shall prepare and
submit to the Commission an evaluation of the grant
and the activities carried out under the grant.
(2) INCLUSION IN REPORTS.—The Commission
shall include the evaluations submitted under para-
graph (1) for a year in the report submitted for the
year under section 262.
(e) INTRAMURAL RESEARCH AND DEVELOPMENT.—
The Director shall establish a program for intramural re-
search and development in areas to support the develop-
ment of voluntary technical standards for voting products
and systems, including—
(1) the security of computers, computer net-
works, and computer data storage used in voting
products and systems, including the Statewide voter
registration networks required under the minimum
standard described in section 502(1);
(2) methods to detect and prevent fraud;
(3) the protection of voter privacy;
(4) the role of human factors in the design and
application of voting products and systems, including
assistive technologies for individuals with disabilities
and varying levels of literacy; and
(5) remote access voting, including voting
through the Internet.
SEC. 262. REPORTS.
(a) ANNUAL REPORTS ON ACTIVITIES.—Not later
than 90 days after the end of each fiscal year, the Com-
mission shall submit a report to the Committee on House
Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate on
the activities carried out by the Commission under this
subtitle during the previous fiscal year, and shall include
in the report a description of all applications for Election
Fund payments and grants received by the Commission
during the year under this subtitle and the disposition of
such applications.
(b) REPORT ON HUMAN FACTOR RESEARCH.—Not
later than 1 year after the date of the enactment of this
Act, the Commission, in consultation with the Director of
the National Institute of Standards and Technology, shall
submit a report to Congress which assesses the areas of
human factor research, including usability engineering
and human-computer and human-machine interaction,
which feasibly could be applied to voting products and sys-
tems design to ensure the usability and accuracy of voting
products and systems, including methods to improve ac-
cess for individuals with disabilities and to reduce voter
error and the number of spoiled ballots in elections.
SEC. 263. AUDIT.
(a) IN GENERAL.—As a condition of receiving funds
under this subtitle, a State or entity described in part 2
or part 3 shall agree that such funds shall be subject to
audit if 2 or more members of the Commission vote to
require an audit.
(b) MANDATORY AUDIT.—In addition to audits con-
ducted pursuant to subsection (a), all funds provided
under this subtitle shall be subject to mandatory audit at
least once during the lifetime of the programs under this
subtitle.
TITLE III—HELP AMERICA VOTE
COLLEGE PROGRAM
SEC. 301. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 1 year after the
appointment of its members, the Election Assistance Com-
mission shall develop a program to be known as the ‘‘Help
America Vote College Program’’ (hereafter in this title re-
ferred to as the ‘‘Program’’).
(b) PURPOSES OF PROGRAM.—The purpose of the
Program shall be—
(1) to encourage students enrolled at institu-
tions of higher education (including community col-
leges) to assist State and local governments in the
administration of elections by serving as nonpartisan
poll workers or assistants; and
(2) to encourage State and local governments to
use the services of the students participating in the
Program.
SEC. 302. ACTIVITIES UNDER PROGRAM.
(a) IN GENERAL.—In carrying out the Program, the
Commission (in consultation with the chief election official
of each State) shall develop materials, sponsor seminars
and workshops, engage in advertising targeted at stu-
dents, make grants, and take such other actions as it con-
siders appropriate to meet the purposes described in sec-
tion 301(b).
(b) REQUIREMENTS FOR GRANT RECIPIENTS.—In
making grants under the Program, the Commission shall
ensure that the funds provided are spent for projects and
activities which are carried out without partisan bias or
without promoting any particular point of view regarding
any issue, and that each recipient is governed in a bal-
anced manner which does not reflect any partisan bias.
(c) COORDINATION WITH INSTITUTIONS OF HIGHER
EDUCATION.—The Commission shall encourage institu-
tions of higher education (including community colleges)
to participate in the Program, and shall make all nec-
essary 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 Pro-
gram.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
In addition to any funds authorized to be appro-
priated to the Commission under section 207, there are
authorized to be appropriated to carry out this title—
(1) $5,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for each
succeeding fiscal year.
TITLE IV—HELP AMERICA VOTE
FOUNDATION
SEC. 401. HELP AMERICA VOTE FOUNDATION.
(a) IN GENERAL.—Part B of subtitle II of title 36,
United States Code, is amended by inserting after chapter
1525 the following:
‘‘CHAPTER 1526—HELP AMERICA VOTE
FOUNDATION
‘‘Sec.
‘‘152601. Organization.
‘‘152602. Purposes.
‘‘152603. Board of directors.
‘‘152604. Officers and employees.
‘‘152605. Powers.
‘‘152606. Principal office.
‘‘152607. Service of process.
‘‘152608. Annual audit.
‘‘152609. Civil action by Attorney General for equitable relief.
‘‘152610. Immunity of United States Government.
‘‘152611. Authorization of appropriations.
‘‘152612. Annual report.
‘‘§ 152601. Organization
‘‘(a) FEDERAL CHARTER.—The Help America Vote
Foundation (in this chapter, the ‘foundation’) is a feder-
ally chartered corporation.
‘‘(b) NATURE OF FOUNDATION.—The foundation is
a charitable and nonprofit corporation and is not an agen-
cy 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 (includ-
ing students educated in the home) in the United
States to participate in the election process in a non-
partisan manner as poll workers or assistants;
‘‘(2) place secondary school students (including
students educated in the home) as nonpartisan poll
workers or assistants to local election officials in
precinct polling places across the United States; and
‘‘(3) establish cooperative efforts with State and
local election officials, local educational agencies, su-
perintendents 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 pur-
poses 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 en-
sure that each participant in its activities is governed in
a balanced manner which does not reflect any partisan
bias.
‘‘(c) CONSULTATION WITH STATE ELECTION OFFI-
CIALS.—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 gov-
erning body of the foundation.
‘‘(b) MEMBERS AND APPOINTMENT.—(1) The board
consists of 12 directors, who shall be appointed not later
than 60 days after the date of the enactment of this chap-
ter as follows:
‘‘(A) 4 directors (of whom not more than 2 may
be members of the same political party) shall be ap-
pointed by the President.
‘‘(B) 2 directors shall be appointed by the
Speaker of the House of Representatives.
‘‘(C) 2 directors shall be appointed by the mi-
nority leader of the House of Representatives.
‘‘(D) 2 directors shall be appointed by the ma-
jority leader of the Senate.
‘‘(d) QUORUM.—The number of directors constituting
a quorum of the board shall be established under the by-
laws 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 annu-
ally.
‘‘(f) REIMBURSEMENT
OF
EXPENSES.—Directors
shall serve without compensation but may receive travel
expenses, including per diem in lieu of subsistence, in ac-
cordance 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 EMPLOY-
EES.—The board of directors appoints, removes, and re-
places 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 gov-
ernment (except as may otherwise be provided
in this chapter);
‘‘(B) shall be appointed and removed with-
out regard to the provisions of title 5 governing
appointments in the competitive service; and
‘‘(C) may be paid without regard to chap-
ter 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 gov-
ernment who travel on official business, officers and
employees of the foundation who travel while en-
gaged in the performance of their duties under this
chapter shall be deemed to be employees of the Fed-
eral government.
‘‘§ 152605. Powers
‘‘(a) GENERAL.—The foundation may—
‘‘(1) adopt a constitution and bylaws;
‘‘(2) adopt a seal which shall be judicially no-
ticed; and
‘‘(3) do any other act necessary to carry out
this chapter.
‘‘(b) POWERS AS TRUSTEE.—To carry out its pur-
poses, the foundation has the usual powers of a corpora-
tion acting as a trustee in the District of Columbia, includ-
ing 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 prop-
erty 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 inter-
est is for the benefit of the foundation.
‘‘(d) CONTRACTS.—The foundation may enter into
such contracts with public and private entities as it con-
siders appropriate to carry out its purposes.
‘‘(e) ANNUAL CONFERENCE IN WASHINGTON MET-
ROPOLITAN 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 deter-
mines otherwise. However, the foundation may conduct
business throughout the States, territories, and posses-
sions of the United States.
‘‘§ 152607. Service of process
‘‘The foundation shall have a designated agent to re-
ceive 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 equi-
table relief
‘‘The Attorney General may bring a civil action in
the United States District Court for the District of Colum-
bia for appropriate equitable relief if the foundation—
‘‘(1) engages or threatens to engage in any act,
practice, or policy that is inconsistent with the pur-
poses 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 foun-
dation for carrying out the purposes of this chapter—
‘‘(1) $5,000,000 for fiscal year 2002; and
‘‘(2) such sums as may be necessary for each
succeeding fiscal year.
‘‘§ 152612. Annual report
‘‘As soon as practicable after the end of each fiscal
year, the foundation shall submit a report to the Commis-
sion, the President, and Congress on the activities of the
foundation during the prior fiscal year, including a com-
plete statement of its receipts, expenditures, and invest-
ments. 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 expe-
rience of educating participants about the electoral proc-
ess.’’.
(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
1523 the following new item:
‘‘1526. Help America Vote Foundation ......................................152601’’.
TITLE V—MINIMUM STANDARDS
FOR STATE ELECTION SYSTEMS
SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYS-
TEMS.
(a) IN GENERAL.—The chief State election official of
each State shall certify in writing to the Election Assist-
ance Commission that—
(1) in administering election systems, the State
is in compliance with the existing applicable require-
ments of the Voting Rights Act of 1965, the Na-
tional Voter Registration Act of 1993, the Uni-
formed and Overseas Citizens Absentee Voting Act,
the Voting Accessibility for the Elderly and Handi-
capped Act, and the Americans With Disabilities Act
of 1990; and
(2) the State has enacted legislation to enable
the State to meet each of the minimum standards
for State election systems described in section 502.
(b) METHODS OF IMPLEMENTATION LEFT TO DIS-
CRETION OF STATE.—The specific choices on the methods
of implementing the legislation enacted pursuant to sub-
section (a)(2) shall be left to the discretion of the State.
(c) CHIEF STATE ELECTION OFFICIAL DEFINED.—
In this title, the ‘‘chief State election official’’ of a State
is the individual designated by the State under section 10
of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg–8) to be responsible for coordination of the State’s
responsibilities under such Act.
SEC. 502. STANDARDS DESCRIBED.
The minimum standards for State election systems
described in this section are as follows:
(1) The State will implement a Statewide voter
registration system networked to every local jurisdic-
tion in the State, with provisions for sharing data
with other States, except that this paragraph shall
not apply in the case of a State in which, under law
in effect continuously on and after the date of the
enactment of this Act, there is no voter registration
requirement for any voter in the State with respect
to an election for Federal office.
(2) The State election system includes provi-
sions to ensure that voter registration records in the
State are accurate and are updated regularly, in-
cluding the following:
(A) A system of file maintenance which re-
moves registrants who are ineligible to vote
from the official list of eligible voters. Under
such system, consistent with the National Voter
Registration Act of 1993, registrants who have
not voted in 2 or more consecutive general elec-
tions for Federal office and who have not re-
sponded to a notice shall be removed from the
official list of eligible voters, except that no reg-
istrant may be removed solely by reason of a
failure to vote.
(B) Safeguards to ensure that eligible vot-
ers are not removed in error from the official
list of eligible voters.
(3) The State permits, by the deadline required
under section 504(b), in-precinct provisional voting
by every voter who claims to be qualified to vote in
the State, or has adopted an alternative which
achieves the same objective, except that this para-
graph shall not apply in the case of a State in
which, under law in effect continuously on and after
the date of the enactment of this Act, all votes in
the State in general elections for Federal office are
cast by mail.
(4) The State has adopted uniform standards
that define what will constitute a vote on each cat-
egory of voting equipment certified for use in the
State.
(5) The State has implemented safeguards to
ensure that absent uniformed services voters (as de-
fined in section 107(1) of the Uniformed and Over-
seas Citizens Absentee Voting Act) and overseas vot-
ers (as defined in section 107(5) of such Act) in the
jurisdiction have the opportunity to vote and to have
their votes counted.
(6) The State requires new voting systems to
provide a practical and effective means for voters
with physical disabilities to cast a secret ballot.
(7) If the State uses voting systems which give
voters the opportunity to correct errors, the State
shall ensure that voters are able to check for and
correct errors under conditions which assure privacy.
States, and units of local government within the
States, replacing all voting machines within their ju-
risdiction shall ensure that the new voting system
gives voters the opportunity to correct errors before
the vote is cast.
SEC. 503. ENFORCEMENT.
(a) REPORT BY COMMISSION TO ATTORNEY GEN-
ERAL.—If a State does not provide a certification under
section 501 to the Election Assistance Commission, or if
the Commission has credible evidence that a State’s cer-
tification is false or that a State is carrying out activities
in violation of the terms of the certification, the Commis-
sion shall notify the Attorney General.
(b) ACTION BY ATTORNEY GENERAL.—After receiv-
ing notice from the Commission under subsection (a), the
Attorney General may bring a civil action against a State
in an appropriate district court for such declaratory or in-
junctive relief as may be necessary to remedy a violation
of this title.
SEC. 504. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the requirements of this title shall take effect upon
the expiration of the 2-year period which begins on the
date of the enactment of this Act, except that if the chief
State election official of a State certifies that good cause
exists to waive the requirements of this title with respect
to the State until the date of the regularly scheduled gen-
eral election for Federal office held in November 2004,
the requirements shall apply with respect to the State be-
ginning on the date of such election.
(b) DEADLINES FOR IMPLEMENTATION OF PROVI-
SIONAL VOTING.—The minimum standard described in
section 502(3) (relating to permitting in-precinct provi-
sional voting) shall apply with respect to the regularly
scheduled general election for Federal office held in No-
vember 2002 and each succeeding election for Federal of-
fice, except that if the chief State election official of a
State certifies that good cause exists to delay the imple-
mentation of such standard in the State, the standard
shall apply in the State with respect to the regularly
scheduled general election for Federal office held in No-
vember 2004 and each succeeding election for Federal of-
fice held in the State.
TITLE VI—VOTING RIGHTS OF
MILITARY 
MEMBERS 
AND
OVERSEAS CITIZENS
SEC. 601. VOTING ASSISTANCE PROGRAMS.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1566. Voting assistance: compliance assessments;
assistance
‘‘(a) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to require that the Army, Navy, Air
Force, and Marine Corps ensure their compliance with any
directives issued by the Secretary of Defense in imple-
menting any voting assistance program.
‘‘(b) VOTING ASSISTANCE PROGRAMS DEFINED.—In
this section, the term ‘voting assistance programs’
means—
‘‘(1) the Federal Voting Assistance Program
carried out under the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff et
seq.); and
‘‘(2) any similar program.
‘‘(c) ANNUAL EFFECTIVENESS
AND COMPLIANCE
REVIEWS.—(1) The Inspector General of each of the
Army, Navy, Air Force, and Marine Corps shall conduct—