United States (except as may otherwise be provided in this
chapter).
‘‘(4) The terms of office of the directors are 4 years.
‘‘(5) A vacancy on the board shall be filled in the
manner in which the original appointment was made.
‘‘(c) CHAIR.—The directors shall select one of the di-
rectors as the chair of the board. The individual selected
may not be a current or former holder of any partisan
elected office or a current or former officer of any national
committee of a political party.
‘‘(d) QUORUM.—The number of directors constituting
a quorum of the board shall be established under the 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
1525 the following new item:
‘‘1526. Help America Vote Foundation ......................................152601’’.
TITLE V—MINIMUM STANDARDS
FOR STATE ELECTION SYSTEMS
SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION 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 an official State-
wide voter registration system networked to every
local jurisdiction in the State, with provisions for
sharing data with other States, except that this
paragraph shall not apply in the case of a State in
which, under law in effect continuously on and after
the date of the enactment of this Act, there is no
voter registration requirement for any voter in the
State with respect to an election for Federal office.
(2) The State election system includes 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 (including blindness) 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, procuring new voting machines within their
jurisdiction, except for States and units replacing or
supplementing existing equipment (within the same
voting system), shall ensure that the new voting sys-
tem gives voters the opportunity to correct errors be-
fore 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—
‘‘(A) an annual review of the effectiveness of
voting assistance programs; and
‘‘(B) an annual review of the compliance with
voting assistance programs of that armed force.
‘‘(2) Upon the completion of each annual review
under paragraph (1), each Inspector General specified in
that paragraph shall submit to the Inspector General of
the Department of Defense a report on the results of each
such review. Such report shall be submitted in time each
year to be reflected in the report of the Inspector General
of the Department of Defense under paragraph (3).
‘‘(3) Not later than March 31 each year, the Inspec-
tor General of the Department of Defense shall submit
to Congress a report on—
‘‘(A) the effectiveness during the preceding cal-
endar year of voting assistance programs; and
‘‘(B) the level of compliance during the pre-
ceding calendar year with voting assistance pro-
grams of each of the Army, Navy, Air Force, and
Marine Corps.
‘‘(d) INSPECTOR GENERAL ASSESSMENTS.—(1) The
Inspector General of the Department of Defense shall pe-
riodically conduct at Department of Defense installations
unannounced assessments of the compliance at those in-
stallations with—
‘‘(A) the requirements of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.);
‘‘(B) Department of Defense regulations re-
garding that Act and the Federal Voting Assistance
Program carried out under that Act; and
‘‘(C) other requirements of law regarding voting
by members of the armed forces.
‘‘(2) The Inspector General shall conduct an assess-
ment under paragraph (1) at not less than 10 Department
of Defense installations each calendar year.
‘‘(3) Each assessment under paragraph (1) shall in-
clude a review of such compliance—
‘‘(A) within units to which are assigned, in the
aggregate, not less than 20 percent of the personnel
assigned to duty at that installation;
‘‘(B) within a representative survey of members
of the armed forces assigned to that installation and
their dependents; and
‘‘(C) within unit voting assistance officers to
measure program effectiveness.
‘‘(e) REGULAR MILITARY DEPARTMENT ASSESS-
MENTS.—The Secretary of each military department shall
include in the set of issues and programs to be reviewed
during any management effectiveness review or inspection
at the installation level an assessment of compliance with
the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.) and with Department of De-
fense regulations regarding the Federal Voting Assistance
Program.
‘‘(f) VOTING ASSISTANCE OFFICERS.—(1) Voting as-
sistance officers shall be appointed or assigned under De-
partment of Defense regulations. Commanders at all levels
are responsible for ensuring that unit voting officers are
trained and equipped to provide information and assist-
ance to members of the armed forces on voting matters.
Performance evaluation reports pertaining to a member
who has been assigned to serve as a voting assistance offi-
cer shall comment on the performance of the member as
a voting assistance officer. The Secretary of each military
department shall certify to Congress that (at a minimum)
a voting assistance officer has been appointed or assigned
for each military installation and major command under
the jurisdiction of the department and that a replacement
will be appointed if the original officer is no longer able
to serve.
‘‘(2) Under regulations and procedures prescribed by
the Secretary, a member of the armed forces appointed
or assigned to duty as a voting assistance officer shall,
to the maximum extent practicable, be given the time and
resources needed to perform the member’s duties as a vot-
ing assistance officer during the period in advance of a
general election when members and their dependents are
preparing and submitting absentee ballots.
‘‘(3) As part of each assessment prepared by the Sec-
retary of a military department under subsection (e), the
Secretary shall—
‘‘(A) specify the number of members of the
armed forces under the jurisdiction of the Secretary
who are appointed or assigned to duty as voting as-
sistance officers;
‘‘(B) specify the ratio of voting assistance offi-
cers to active duty members of the armed forces
under the jurisdiction of the Secretary;
‘‘(C) indicate whether this number and ratio
comply with the requirements of the Federal Voting
Assistance Program; and
‘‘(D) describe the training such members re-
ceive to perform their duties as voting assistance of-
ficers.
‘‘(g) REGISTRATION AND VOTING INFORMATION FOR
MEMBERS AND DEPENDENTS.—(1) The Secretary of each
military department, using a variety of means including
both print and electronic media, shall, to the maximum
extent practicable, ensure that members of the armed
forces and their dependents who are qualified to vote have
ready access to information regarding voter registration
requirements and deadlines (including voter registration),
absentee ballot application requirements and deadlines,
and the availability of voting assistance officers to assist
members and dependents to understand and comply with
these requirements.
‘‘(2) The Secretary of each military department shall
make the national voter registration form prepared for
purposes of the Uniformed and Overseas Citizens Absen-
tee Voting Act by the Federal Election Commission avail-
able so that each person who enlists, reenlists, or volun-
tarily extends an enlistment or who completes a perma-
nent change of station in an active or reserve component
of the Army, Navy, Air Force, or Marine Corps shall re-
ceive such form at the time of the enlistment, reenlist-
ment, extension, or completion of the permanent change
of station, or as soon thereafter as practicable.
‘‘(3) Where practicable, a special day or days shall
be designated at each military installation for the purpose
of informing members of the armed forces and their de-
pendents of election timing, registration requirements, and
voting procedures.
‘‘(h) DELIVERY
OF MAIL FROM OVERSEAS PRE-
CEDING FEDERAL ELECTIONS.—(1) During the four
months preceding a general Federal election month, the
Secretary of Defense shall periodically conduct surveys of
all overseas locations and vessels at sea with military units
responsible for collecting mail for return shipment to the
United States and all port facilities in the United States
and overseas where military-related mail is collected for
shipment to overseas locations or to the United States.
The purpose of each survey shall be to determine if voting
materials are awaiting shipment at any such location and,
if so, the length of time that such materials have been
held at that location. During the fourth and third months
before a general Federal election month, such surveys
shall be conducted biweekly. During the second and first
months before a general Federal election month, such sur-
veys shall be conducted weekly.
‘‘(2) The Secretary shall ensure that voting materials
are transmitted expeditiously by military postal authorities
at all times. The Secretary shall, to the maximum extent
practicable, implement measures to ensure that a post-
mark or other official proof of mailing date is provided
on each absentee ballot collected at any overseas location
or vessel at sea whenever the Department of Defense is
responsible for collecting mail for return shipment to the
United States. The Secretary shall submit to Congress a
report describing the measures to be implemented to en-
sure the timely transmittal and postmarking of voting ma-
terials and identifying the persons responsible for imple-
menting such measures.
‘‘(3) The Secretary of each military department, uti-
lizing the voting assistance officer network established for
each military installation, shall, to the maximum extent
practicable, provide notice to members of the armed forces
stationed at that installation of the last date before a gen-
eral Federal election for which absentee ballots mailed
from a postal facility located at that installation can rea-
sonably be expected to be timely delivered to the appro-
priate State and local election officials.
‘‘(4) In this section, the term ‘general Federal elec-
tion month’ means November in an even-numbered year.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘1566. Voting assistance: compliance assessments; assistance.’’.
(b) INITIAL REPORT.—The first report under section
1566(c)(3) of title 10, United States Code, as added by
subsection (a), shall be submitted not later than March
31, 2003.
SEC. 602. DESIGNATION OF SINGLE STATE OFFICE TO PRO-
VIDE INFORMATION ON REGISTRATION AND
ABSENTEE BALLOTS FOR ALL VOTERS IN
STATE.
Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Each State’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO
PROVIDE INFORMATION ON REGISTRATION AND ABSEN-
TEE
BALLOT
PROCEDURES
FOR
ALL
VOTERS
IN
STATE.—
‘‘(1) IN GENERAL.—Each State shall designate
a single office which shall be responsible for pro-
viding information regarding voter registration pro-
cedures and absentee ballot procedures (including
procedures relating to the use of the Federal write-
in absentee ballot) to all absent uniformed services
voters and overseas voters who wish to register to
vote or vote in any jurisdiction in the State.
‘‘(2) RECOMMENDATION
REGARDING
USE
OF
OFFICE
TO
ACCEPT
AND
PROCESS
MATERIALS.—
Congress recommends that the State office des-
ignated under paragraph (1) be responsible for car-
rying out the State’s duties under this Act, including
accepting valid voter registration applications, absen-
tee ballot applications, and absentee ballots (includ-
ing Federal write-in absentee ballots) from all absent
uniformed services voters and overseas voters who
wish to register to vote or vote in any jurisdiction
in the State.’’.
SEC. 603. REPORT ON ABSENTEE BALLOTS TRANSMITTED
AND RECEIVED AFTER GENERAL ELECTIONS.
(a) IN GENERAL.—Section 102 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–
1), as amended by section 602, is amended by adding at
the end the following new subsection:
‘‘(c) REPORT ON NUMBER OF ABSENTEE BALLOTS
TRANSMITTED AND RECEIVED.—Not later than 90 days
after the date of each regularly scheduled general election
for Federal office, each State and unit of local government
which administered the election shall (through the State,
in the case of a unit of local government) submit a report
to the Election Assistance Commission (established under
the Help America Vote Act of 2001) on the number of
absentee ballots transmitted to absent uniformed services
voters and overseas voters for the election and the number
of such ballots which were returned by such voters and
cast in the election, and shall make such report available
to the general public.’’.
(b) DEVELOPMENT OF STANDARDIZED FORMAT FOR
REPORTS.—The Election Assistance Commission, working
with the Election Assistance Commission Board of Advi-
sors and the Election Assistance Commission Standards
Board, shall develop a standardized format for the reports
submitted by States and units of local government under
section 102(c) of the Uniformed and Overseas Citizens
Absentee Voting Act (as added by subsection (a)), and
shall make the format available to the States and units
of local government submitting such reports.
SEC. 604. SIMPLIFICATION OF VOTER REGISTRATION AND
ABSENTEE 
BALLOT 
APPLICATION 
PROCE-
DURES FOR ABSENT UNIFORMED SERVICES
AND OVERSEAS VOTERS.
(a) REQUIRING STATES TO ACCEPT OFFICIAL FORM
FOR SIMULTANEOUS VOTER REGISTRATION AND ABSEN-
TEE BALLOT APPLICATION; DEADLINE FOR PROCESSING
APPLICATION.—
(1) IN GENERAL.—Section 102(a) of the Uni-
formed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff–1), as amended by section 602,
is amended—
(A) by amending paragraph (2) to read as
follows:
‘‘(2) accept and process, with respect to any
election for Federal office, any otherwise valid voter
registration application and absentee ballot applica-
tion from an absent uniformed services voter or
overseas voter, if the application is received by the
appropriate State election official not less than 30
days before the election;’’;
(B) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) use the official post card form (prescribed
under section 101) for simultaneous voter registra-
tion application and absentee ballot application.’’.
(2) 
CONFORMING
AMENDMENTS.—Section
101(b)(2) of such Act (42 U.S.C. 1973ff(b)(2)) is
amended by striking ‘‘as recommended in section
104’’ and inserting ‘‘as required under section
102(4)’’.
(b) USE OF SINGLE APPLICATION FOR ALL SUBSE-
QUENT ELECTIONS.—Section 104 of such Act (42 U.S.C.
1973ff–3) is amended to read as follows:
‘‘SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSE-
QUENT ELECTIONS.
‘‘(a) IN GENERAL.—If a State accepts and processes
an official post card form (prescribed under section 101)
submitted by an absent uniformed services voter or over-
seas voter for simultaneous voter registration and absen-
tee ballot application (in accordance with section
102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each
subsequent election for Federal office held in the State
through the next 2 regularly scheduled general elections
for Federal office (including any runoff elections which
may occur as a result of the outcome of such general elec-
tions), the State shall provide an absentee ballot for each
such election.
‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA-
TION.—Subsection (a) shall not apply with respect to a
voter registered to vote in a State for any election held
after the voter notifies the State that the voter no longer
wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in
another State.
‘‘(c) REVISION OF OFFICIAL POST CARD FORM.—
The Presidential designee shall revise the official post card
form (prescribed under section 101) to enable a voter
using the form to—
‘‘(1) request an absentee ballot for each election
for Federal office held in a State for which the voter
may be provided an absentee ballot under subsection
(a); or
‘‘(2) request an absentee ballot for only the
next scheduled election for Federal office held in a
State.
‘‘(d) NO EFFECT ON VOTER REMOVAL PROGRAMS.—
Nothing in this section may be construed to prevent a
State from removing any voter from the rolls of registered
voters in the State under any program or method per-
mitted under section 8 of the National Voter Registration
Act of 1993.’’.
SEC. 605. ADDITIONAL DUTIES OF PRESIDENTIAL DES-
IGNEE UNDER UNIFORMED AND OVERSEAS
CITIZENS ABSENTEE VOTING ACT.
(a) EDUCATING ELECTION OFFICIALS ON RESPON-
SIBILITIES UNDER ACT.—Section 101(b)(1) of the Uni-
formed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff(b)(1)) is amended by striking the semicolon
at the end and inserting the following: ‘‘, and ensuring
that such officials are aware of the requirements of this
Act;’’.
(b) DEVELOPMENT OF STANDARD OATH FOR USE
WITH MATERIALS.—
(1) IN GENERAL.—Section 101(b) of such Act
(42 U.S.C. 1973ff(b)) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (5);
(B) by striking the period at the end of
paragraph (6) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(7) prescribe a standard oath for use with any
document under this title affirming that a material
misstatement of fact in the completion of such a
document may constitute grounds for a conviction
for perjury.’’.
(2) REQUIRING
STATES
TO
USE
STANDARD
OATH.—Section 102(a) of such Act (42 U.S.C.
1973ff–1(b)), as amended by sections 603 and
605(a), is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(5) if the State requires an oath or affirmation
to accompany any document under this title, use the
standard oath prescribed by the Presidential des-
ignee under section 101(b)(7).’’.
(c) PROVIDING STATISTICAL ANALYSIS OF VOTER
PARTICIPATION FOR BOTH OVERSEAS VOTERS AND AB-
SENT UNIFORMED SERVICES VOTERS.—Section 101(b)(6)
of such Act (42 U.S.C. 1973ff(b)(6)) is amended by strik-
ing ‘‘a general assessment’’ and inserting ‘‘a separate sta-
tistical analysis’’.
100
SEC. 606. USE OF BUILDINGS ON MILITARY INSTALLATIONS
AND RESERVE COMPONENT FACILITIES AS
POLLING PLACES.
(a) LIMITED USE OF MILITARY INSTALLATIONS AU-
THORIZED.—Section 2670 of title 10, United States Code,
is amended—
(1) by striking ‘‘Under’’ and inserting ‘‘(a) USE
BY RED CROSS.—Under’’;
(2) by striking ‘‘this section’’ and inserting
‘‘this subsection’’; and
(3) by adding at the end the following new sub-
section:
‘‘(b) USE
AS
POLLING
PLACES.—(1) Notwith-
standing any other provision of law, the Secretary of a
military department may make a building located on a
military installation under the jurisdiction of the Secretary
available for use as a polling place in any Federal, State,
or local public election, but only if such use is limited to
eligible voters who reside on that military installation.
‘‘(2) If a building located on a military installation
is made available under paragraph (1) as the site of a
polling place, the Secretary shall continue to make the
building available for subsequent elections unless the Sec-
retary provides to the appropriate State or local election
officials advance notice, in a reasonable and timely man-
101
ner, of the reasons why the building will no longer be made
available as a polling place.
‘‘(3) In this section, the term ‘military installation’
has the meaning given the term in section 2687(e) of this
title.’’.
(b) USE OF RESERVE COMPONENT FACILITIES.—(1)
Section 18235 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(c) Pursuant to a lease or other agreement under
subsection (a)(2), the Secretary may make a facility cov-
ered by subsection (a) available for use as a polling place
in any Federal, State, or local public election notwith-
standing any other provision of law. If a facility is made
available as the site of a polling place with respect to an
election, the Secretary shall continue to make the facility
available for subsequent elections unless the Secretary
provides to the appropriate State or local election officials
advance notice, in a reasonable and timely manner, of the
reasons why the facility will no longer be made available
as a polling place.’’.
(2) Section 18236 of such title is amended by adding
at the end the following:
‘‘(e) Pursuant to a lease or other agreement under
subsection (c)(1), a State may make a facility covered by
subsection (c) available for use as a polling place in any
102
Federal, State, or local public election notwithstanding
any other provision of law.’’.
(c) CONFORMING AMENDMENTS TO TITLE 18.—(1)
Section 592 of title 18, United States Code, is amended
by adding at the end the following new sentence:
‘‘This section shall not apply to the actions of mem-
bers of the Armed Forces at any polling place on a mili-
tary installation where a general or special election is held
in accordance with section 2670(b), 18235, or 18236 of
title 10.’’.
(2) Section 593 of such title is amended by adding
at the end the following new sentence:
‘‘This section shall not apply to the actions of mem-
bers of the Armed Forces at any polling place on a mili-
tary installation where a general or special election is held
in accordance with section 2670(b), 18235, or 18236 of
title 10.’’.
(d) CONFORMING AMENDMENT TO VOTING RIGHTS
LAW.—Section 2003 of the Revised Statutes of the United
States (42 U.S.C. 1972) is amended by adding at the end
the following new sentence: ‘‘Making a military installa-
tion or reserve component facility available as a polling
place in a Federal, State, or local public election in accord-
ance with section 2670(b), 18235, or 18236 of title 10,
103
United States Code, is deemed to be consistent with this
section.’’.
(e) CLERICAL AMENDMENTS.—(1) The heading of
section 2670 of title 10, United States Code, is amended
to read as follows:
‘‘§ 2670. Buildings on military installations: use by
American National Red Cross and as poll-
ing places in Federal, State, and local
elections’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
‘‘2670. Buildings on military installations: use by American National Red Cross
and as polling places in Federal, State, and local elections.’’.
TITLE VII—TRANSITION
PROVISIONS
Subtitle A—Transfer to Commis-
sion of Functions Under Certain
Laws
SEC. 701. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) TRANSFER OF FUNCTIONS OF OFFICE OF ELEC-
TION ADMINISTRATION OF FEDERAL ELECTION COMMIS-
SION.—There are transferred to the Election Assistance
Commission established under section 201 all functions
which the Office of the Election Administration, estab-
104
lished within the Federal Election Commission, exercised
before the date of enactment of this Act.
(b) CONFORMING AMENDMENT.—Section 311(a) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
438(a)) is amended—
(1) in paragraph (8), by inserting ‘‘and’’ at the
end;
(2) in paragraph (9), by striking ‘‘; and’’ and
inserting a period; and
(3) by striking paragraph (10) and the second
and third sentences.
SEC. 702. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Election Assistance Commission established
under section 201 all functions which the Federal Election
Commission exercised under the National Voter Registra-
tion Act of 1993 before the date of enactment of this Act.
(b) CONFORMING AMENDMENT.—Section 9(a) of the
National Voter Registration Act of 1993 (42 U.S.C.
1973gg–7(a)) is amended by striking ‘‘Federal Election
Commission’’ and inserting ‘‘Election Assistance Commis-
sion’’.
105
SEC. 703. TRANSFER OF PROPERTY, RECORDS, AND PER-
SONNEL.
(a) PROPERTY AND RECORDS.—The contracts, liabil-
ities, records, property, and other assets and interests of,
or made available in connection with, the offices and func-
tions of the Federal Election Commission which are trans-
ferred by this subtitle are transferred to the Election As-
sistance Commission for appropriate allocation.
(b) PERSONNEL.—
(1) IN GENERAL.—The personnel employed in
connection with the offices and functions of the Fed-
eral Election Commission which are transferred by
this subtitle are transferred to the Election Assist-
ance Commission.
(2) EFFECT.—Any full-time or part-time per-
sonnel employed in permanent positions shall not be
separated or reduced in grade or compensation be-
cause of the transfer under this subsection during
the 1-year period beginning on the date of the enact-
ment of this Act.
SEC. 704. EFFECTIVE DATE; TRANSITION.
(a) EFFECTIVE DATE.—This title and the amend-
ments made by this title shall take effect upon the ap-
pointment of all members of the Election Assistance Com-
mission under section 203.
106
(b) TRANSITION.—With the consent of the entity in-
volved, the Election Assistance Commission is authorized
to utilize the services of such officers, employees, and
other personnel of the entities from which functions have
been transferred to the Election Assistance Commission
under this title or the amendments made by this title for
such period of time as may reasonably be needed to facili-
tate the orderly transfer of such functions.
Subtitle B—Coverage of Commis-
sion Under Certain Laws and
Programs
SEC. 711. TREATMENT OF COMMISSION PERSONNEL UNDER
CERTAIN CIVIL SERVICE LAWS.
(a) 
COVERAGE
UNDER
HATCH
ACT.—Section
7323(b)(2)(B)(i)(I) of title 5, United States Code, is
amended by inserting ‘‘or the Election Assistance Com-
mission’’ after ‘‘Commission’’.
(b) EXCLUSION FROM SENIOR EXECUTIVE SERV-
ICE.—Section 3132(a)(1)(C) of title 5, United States
Code, is amended by inserting ‘‘or the Election Assistance
Commission’’ after ‘‘Commission’’.
SEC. 712. COVERAGE UNDER INSPECTOR GENERAL ACT OF
1978.
(a) IN GENERAL.—Section 8G(a)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by insert-
107
ing ‘‘the Election Assistance Commission,’’ after ‘‘Federal
Election Commission,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 180 days after the appoint-
ment of all members of the Election Assistance Commis-
sion under section 203.
TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 801. STATE DEFINED.
In this Act, the term ‘‘State’’ includes the District
of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, and the United States Virgin Islands.
SEC. 802. MISCELLANEOUS PROVISIONS TO PROTECT IN-
TEGRITY OF ELECTION PROCESS.
(a) CLARIFICATION OF ABILITY OF ELECTION OFFI-
CIALS TO REMOVE REGISTRANTS FROM OFFICIAL LIST
OF VOTERS ON GROUNDS OF CHANGE OF RESIDENCE.—
Section 8(b)(2) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg–6(b)(2)) is amended by striking
the period at the end and inserting the following: ‘‘, except
that nothing in this paragraph may be construed to pro-
hibit a State from using the procedures described in sub-
sections (c) and (d) to remove an individual from the offi-
cial list of eligible voters if the individual has not voted
or appeared to vote in 2 or more consecutive general elec-
108
tions for Federal office and has not either notified the ap-
plicable registrar (in person or in writing) or responded
to a notice sent by the applicable registrar during the pe-
riod in which such elections are held that the individual
intends to remain registered in the registrar’s jurisdic-
tion.’’.
(b) PROHIBITING EFFORTS BY POLL WORKERS TO
COERCE VOTERS TO CAST VOTES FOR EVERY OFFICE ON
BALLOT.—Section 594 of title 18, United States Code, is
amended—
(1) by striking ‘‘Whoever’’ and inserting ‘‘(a)
Whoever’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) For purposes of subsection (a), a poll worker
who urges or encourages a voter who has not cast a vote
for each office listed on the ballot to return to the voting
booth to cast votes for every office, or who otherwise in-
timidates, harasses, or coerces the voter to vote for each
such office (or who attempts to intimidate, harass, or co-
erce the voter to vote for each such office), shall be consid-
ered to have intimidated, threatened, or coerced (or to
have attempted to intimidate, threaten, or coerce) the
voter for the purpose of interfering with the voter’s right
to vote as the voter may choose. Nothing in this subsection
109
shall prohibit a poll worker from providing information to
a voter who requests assistance.’’.
SEC. 803. NO EFFECT ON OTHER LAWS.
(a) IN GENERAL.—Nothing in this Act and no action
taken pursuant to this Act shall supersede, restrict, or
limit the application of the Voting Rights Act of 1965,
the National Voter Registration Act of 1993, the Voting
Accessibility for the Elderly and Handicapped Act, or the
Americans with Disabilities Act of 1990.
(b) NO CONDUCT AUTHORIZED WHICH IS PROHIB-
ITED UNDER OTHER LAWS.—Nothing in this Act author-
izes or requires any conduct which is prohibited by the
Voting Rights Act of 1965, the National Voter Registra-
tion Act of 1993, or the Americans with Disabilities Act
of 1990.
(c) APPLICATION TO STATES, LOCAL GOVERNMENTS,
AND COMMISSION.—Except as specifically provided in the
case of the National Voter Registration Act of 1993, noth-
ing in this Act may be construed to affect the application
of the Voting Rights Act of 1965, the National Voter Reg-
istration Act of 1993, or the Americans with Disabilities
Act of 1990 to any State, unit of local government, or
other person, or to grant to the Election Assistance Com-
110
mission the authority to carry out activities inconsistent
with such Acts.
Passed the House of Representatives December 12,
2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 3295
AN ACT
To establish a program to provide funds to States
to replace punch card voting systems, to establish
the Election Assistance Commission to assist in
the administration of Federal elections and to
otherwise provide assistance with the administra-
tion of certain Federal election laws and pro-
grams, to establish minimum election administra-
tion standards for States and units of local gov-
ernment with responsibility for the administra-
tion of Federal elections, and for other purposes.