H. R. 3295—12
SEC. 205. POWERS.
(a) HEARINGS AND SESSIONS.—The Commission may hold such
hearings for the purpose of carrying out this Act, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this
Act. The Commission may administer oaths and affirmations to
witnesses appearing before the Commission.
(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission
may secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
this Act. Upon request of the Commission, the head of such depart-
ment or agency shall furnish such information to the Commission.
(c) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of
the Commission, the Administrator of General Services shall pro-
vide to the Commission, on a reimbursable basis, the administrative
support services that are necessary to enable the Commission to
carry out its duties under this Act.
(e) CONTRACTS.—The Commission may contract with and com-
pensate persons and Federal agencies for supplies and services
without regard to section 3709 of the Revised Statutes of the United
States (41 U.S.C. 5).
SEC. 206. DISSEMINATION OF INFORMATION.
In carrying out its duties, the Commission shall, on an ongoing
basis, disseminate to the public (through the Internet, published
reports, and such other methods as the Commission considers appro-
priate) in a manner that is consistent with the requirements of
chapter 19 of title 44, United States Code, information on the
activities carried out under this Act.
SEC. 207. ANNUAL REPORT.
Not later than January 31 of each year (beginning with 2004),
the Commission shall submit a report to the Committee on House
Administration of the House of Representatives and the Committee
on Rules and Administration of the Senate detailing its activities
during the fiscal year which ended on September 30 of the previous
calendar year, and shall include in the report the following informa-
tion:
(1) A detailed description of activities conducted with
respect to each program carried out by the Commission under
this Act, including information on each grant or other payment
made under such programs.
(2) A copy of each report submitted to the Commission
by a recipient of such grants or payments which is required
under such a program, including reports submitted by States
receiving requirements payments under part 1 of subtitle D,
and each other report submitted to the Commission under
this Act.
(3) Information on the voluntary voting system guidelines
adopted or modified by the Commission under part 3 and
information on the voluntary guidance adopted under subtitle
B of title III.
(4) All votes taken by the Commission.
H. R. 3295—13
(5) Such other information and recommendations as the
Commission considers appropriate.
SEC. 208. REQUIRING MAJORITY APPROVAL FOR ACTIONS.
Any action which the Commission is authorized to carry out
under this Act may be carried out only with the approval of at
least three of its members.
SEC. 209. LIMITATION ON RULEMAKING AUTHORITY.
The Commission shall not have any authority to issue any
rule, promulgate any regulation, or take any other action which
imposes any requirement on any State or unit of local government,
except to the extent permitted under section 9(a) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)).
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
In addition to the amounts authorized for payments and grants
under this title and the amounts authorized to be appropriated
for the program under section 503, there are authorized to be
appropriated for each of the fiscal years 2003 through 2005 such
sums as may be necessary (but not to exceed $10,000,000 for each
such year) for the Commission to carry out this title.
PART 2—ELECTION ASSISTANCE COMMISSION
STANDARDS BOARD AND BOARD OF ADVISORS
SEC. 211. ESTABLISHMENT.
There are hereby established the Election Assistance Commis-
sion Standards Board (hereafter in this title referred to as the
‘‘Standards Board’’) and the Election Assistance Commission Board
of Advisors (hereafter in this title referred to as the ‘‘Board of
Advisors’’).
SEC. 212. DUTIES.
The Standards Board and the Board of Advisors shall each,
in accordance with the procedures described in part 3, review the
voluntary voting system guidelines under such part, the voluntary
guidance under title III, and the best practices recommendations
contained in the report submitted under section 242(b).
SEC. 213. MEMBERSHIP OF STANDARDS BOARD.
(a) COMPOSITION.—
(1) IN GENERAL.—Subject to certification by the chair of
the Federal Election Commission under subsection (b), the
Standards Board shall be composed of 110 members as follows:
(A) Fifty-five shall be State election officials selected
by the chief State election official of each State.
(B) Fifty-five shall be local election officials selected
in accordance with paragraph (2).
(2) LIST OF LOCAL ELECTION OFFICIALS.—Each State’s local
election officials, including the local election officials of Puerto
Rico and the United States Virgin Islands, shall select (under
a process supervised by the chief election official of the State)
a representative local election official from the State for pur-
poses of paragraph (1)(B). In the case of the District of
Columbia, Guam, and American Samoa, the chief election offi-
cial shall establish a procedure for selecting an individual to
serve as a local election official for purposes of such paragraph,
H. R. 3295—14
except that under such a procedure the individual selected
may not be a member of the same political party as the chief
election official.
(3) REQUIRING MIX OF POLITICAL PARTIES REPRESENTED.—
The two members of the Standards Board who represent the
same State may not be members of the same political party.
(b) PROCEDURES FOR NOTICE AND CERTIFICATION OF APPOINT-
MENT.—
(1) NOTICE TO CHAIR OF FEDERAL ELECTION COMMISSION.—
Not later than 90 days after the date of the enactment of
this Act, the chief State election official of the State shall
transmit a notice to the chair of the Federal Election Commis-
sion containing—
(A) the name of the State election official who agrees
to serve on the Standards Board under this title; and
(B) the name of the representative local election official
from the State selected under subsection (a)(2) who agrees
to serve on the Standards Board under this title.
(2) CERTIFICATION.—Upon receiving a notice from a State
under paragraph (1), the chair of the Federal Election Commis-
sion shall publish a certification that the selected State election
official and the representative local election official are
appointed as members of the Standards Board under this title.
(3) EFFECT OF FAILURE TO PROVIDE NOTICE.—If a State
does not transmit a notice to the chair of the Federal Election
Commission under paragraph (1) within the deadline described
in such paragraph, no representative from the State may
participate in the selection of the initial Executive Board under
subsection (c).
(4) ROLE OF COMMISSION.—Upon the appointment of the
members of the Election Assistance Commission, the Election
Assistance Commission shall carry out the duties of the Federal
Election Commission under this subsection.
(c) EXECUTIVE BOARD.—
(1) IN GENERAL.—Not later than 60 days after the last
day on which the appointment of any of its members may
be certified under subsection (b), the Standards Board shall
select nine of its members to serve as the Executive Board
of the Standards Board, of whom—
(A) not more than five may be State election officials;
(B) not more than five may be local election officials;
and
(C) not more than five may be members of the same
political party.
(2) TERMS.—Except as provided in paragraph (3), members
of the Executive Board of the Standards Board shall serve
for a term of 2 years and may not serve for more than 3
consecutive terms.
(3) STAGGERING OF INITIAL TERMS.—Of the members first
selected to serve on the Executive Board of the Standards
Board—
(A) three shall serve for 1 term;
(B) three shall serve for 2 consecutive terms; and
(C) three shall serve for 3 consecutive terms,
as determined by lot at the time the members are first
appointed.
H. R. 3295—15
(4) DUTIES.—In addition to any other duties assigned under
this title, the Executive Board of the Standards Board may
carry out such duties of the Standards Board as the Standards
Board may delegate.
SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.
(a) IN GENERAL.—The Board of Advisors shall be composed
of 37 members appointed as follows:
(1) Two members appointed by the National Governors
Association.
(2) Two members appointed by the National Conference
of State Legislatures.
(3) Two members appointed by the National Association
of Secretaries of State.
(4) Two members appointed by the National Association
of State Election Directors.
(5) Two members appointed by the National Association
of Counties.
(6) Two members appointed by the National Association
of County Recorders, Election Administrators, and Clerks.
(7) Two members appointed by the United States Con-
ference of Mayors.
(8) Two members appointed by the Election Center.
(9) Two members appointed by the International Associa-
tion of County Recorders, Election Officials, and Treasurers.
(10) Two members appointed by the United States Commis-
sion on Civil Rights.
(11) Two members appointed by the Architectural and
Transportation Barrier Compliance Board under section 502
of the Rehabilitation Act of 1973 (29 U.S.C. 792).
(12) The chief of the Office of Public Integrity of the Depart-
ment of Justice, or the chief’s designee.
(13) The chief of the Voting Section of the Civil Rights
Division of the Department of Justice or the chief’s designee.
(14) The director of the Federal Voting Assistance Program
of the Department of Defense.
(15) Four members representing professionals in the field
of science and technology, of whom—
(A) one each shall be appointed by the Speaker and
the Minority Leader of the House of Representatives; and
(B) one each shall be appointed by the Majority Leader
and the Minority Leader of the Senate.
(16) Eight members representing voter interests, of whom—
(A) four members shall be appointed by the Committee
on House Administration of the House of Representatives,
of whom two shall be appointed by the chair and two
shall be appointed by the ranking minority member; and
(B) four members shall be appointed by the Committee
on Rules and Administration of the Senate, of whom two
shall be appointed by the chair and two shall be appointed
by the ranking minority member.
(b) MANNER OF APPOINTMENTS.—Appointments shall be made
to the Board of Advisors under subsection (a) in a manner which
ensures that the Board of Advisors will be bipartisan in nature
and will reflect the various geographic regions of the United States.
(c) TERM
OF SERVICE; VACANCY.—Members of the Board of
Advisors shall serve for a term of 2 years, and may be reappointed.
H. R. 3295—16
Any vacancy in the Board of Advisors shall be filled in the manner
in which the original appointment was made.
(d) CHAIR.—The Board of Advisors shall elect a Chair from
among its members.
SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE.
(a) HEARINGS AND SESSIONS.—
(1) IN GENERAL.—To the extent that funds are made avail-
able by the Commission, the Standards Board (acting through
the Executive Board) and the Board of Advisors may each
hold such hearings for the purpose of carrying out this Act,
sit and act at such times and places, take such testimony,
and receive such evidence as each such Board considers advis-
able to carry out this title, except that the Boards may not
issue subpoenas requiring the attendance and testimony of
witnesses or the production of any evidence.
(2) MEETINGS.—The Standards Board and the Board of
Advisors shall each hold a meeting of its members—
(A) not less frequently than once every year for pur-
poses of voting on the voluntary voting system guidelines
referred to it under section 222;
(B) in the case of the Standards Board, not less fre-
quently than once every 2 years for purposes of selecting
the Executive Board; and
(C) at such other times as it considers appropriate
for purposes of conducting such other business as it con-
siders appropriate consistent with this title.
(b) INFORMATION FROM FEDERAL AGENCIES.—The Standards
Board and the Board of Advisors may each secure directly from
any Federal department or agency such information as the Board
considers necessary to carry out this Act. Upon request of the
Executive Board (in the case of the Standards Board) or the Chair
(in the case of the Board of Advisors), the head of such department
or agency shall furnish such information to the Board.
(c) POSTAL SERVICES.—The Standards Board and the Board
of Advisors may use the United States mails in the same manner
and under the same conditions as a department or agency of the
Federal Government.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of
the Executive Board (in the case of the Standards Board) or the
Chair (in the case of the Board of Advisors), the Administrator
of the General Services Administration shall provide to the Board,
on a reimbursable basis, the administrative support services that
are necessary to enable the Board to carry out its duties under
this title.
(e) NO COMPENSATION FOR SERVICE.—Members of the Stand-
ards Board and members of the Board of Advisors shall not receive
any compensation for their service, but shall be paid travel
expenses, including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Board.
SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF
CLAIMS AGAINST BOARD.
(a) IN GENERAL.—The provisions of chapters 161 and 171 of
title 28, United States Code, shall apply with respect to the liability
H. R. 3295—17
of the Standards Board, the Board of Advisors, and their members
for acts or omissions performed pursuant to and in the course
of the duties and responsibilities of the Board.
(b) EXCEPTION FOR CRIMINAL ACTS AND OTHER WILLFUL CON-
DUCT.—Subsection (a) may not be construed to limit personal
liability for criminal acts or omissions, willful or malicious mis-
conduct, acts or omissions for private gain, or any other act or
omission outside the scope of the service of a member of the Stand-
ards Board or the Board of Advisors.
PART 3—TECHNICAL GUIDELINES
DEVELOPMENT COMMITTEE
SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.
(a) ESTABLISHMENT.—There is hereby established the Technical
Guidelines Development Committee (hereafter in this part referred
to as the ‘‘Development Committee’’).
(b) DUTIES.—
(1) IN GENERAL.—The Development Committee shall assist
the Executive Director of the Commission in the development
of the voluntary voting system guidelines.
(2) DEADLINE
FOR
INITIAL
SET
OF
RECOMMENDATIONS.—
The Development Committee shall provide its first set of rec-
ommendations under this section to the Executive Director
of the Commission not later than 9 months after all of its
members have been appointed.
(c) MEMBERSHIP.—
(1) IN
GENERAL.—The Development Committee shall be
composed of the Director of the National Institute of Standards
and Technology (who shall serve as its chair), together with
a group of 14 other individuals appointed jointly by the Commis-
sion and the Director of the National Institute of Standards
and Technology, consisting of the following:
(A) An equal number of each of the following:
(i) Members of the Standards Board.
(ii) Members of the Board of Advisors.
(iii) Members of the Architectural and Transpor-
tation Barrier Compliance Board under section 502
of the Rehabilitation Act of 1973 (29 U.S.C. 792).
(B) A representative of the American National Stand-
ards Institute.
(C) A representative of the Institute of Electrical and
Electronics Engineers.
(D) Two representatives of the National Association
of State Election Directors selected by such Association
who are not members of the Standards Board or Board
of Advisors, and who are not of the same political party.
(E) Other individuals with technical and scientific
expertise relating to voting systems and voting equipment.
(2) QUORUM.—A majority of the members of the Develop-
ment Committee shall constitute a quorum, except that the
Development Committee may not conduct any business prior
to the appointment of all of its members.
(d) NO COMPENSATION FOR SERVICE.—Members of the Develop-
ment Committee shall not receive any compensation for their
service, but shall be paid travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
H. R. 3295—18
under subchapter I of chapter 57 of title 5, United States Code,
while away from their homes or regular places of business in
the performance of services for the Development Committee.
(e) TECHNICAL SUPPORT FROM NATIONAL INSTITUTE OF STAND-
ARDS AND TECHNOLOGY.—
(1) IN GENERAL.—At the request of the Development Com-
mittee, the Director of the National Institute of Standards
and Technology shall provide the Development Committee with
technical support necessary for the Development Committee
to carry out its duties under this subtitle.
(2) TECHNICAL SUPPORT.—The technical support provided
under paragraph (1) shall include intramural research and
development in areas to support the development of the vol-
untary voting system guidelines under this part, including—
(A) the security of computers, computer networks, and
computer data storage used in voting systems, including
the computerized list required under section 303(a);
(B) methods to detect and prevent fraud;
(C) the protection of voter privacy;
(D) the role of human factors in the design and applica-
tion of voting systems, including assistive technologies for
individuals with disabilities (including blindness) and
varying levels of literacy; and
(E) remote access voting, including voting through the
Internet.
(3) NO PRIVATE SECTOR INTELLECTUAL PROPERTY RIGHTS
IN GUIDELINES.—No private sector individual or entity shall
obtain any intellectual property rights to any guideline or the
contents of any guideline (or any modification to any guideline)
adopted by the Commission under this Act.
(f) PUBLICATION OF RECOMMENDATIONS IN FEDERAL REGISTER.—
At the time the Commission adopts any voluntary voting system
guideline pursuant to section 222, the Development Committee
shall cause to have published in the Federal Register the rec-
ommendations it provided under this section to the Executive
Director of the Commission concerning the guideline adopted.
SEC. 222. PROCESS FOR ADOPTION.
(a) GENERAL REQUIREMENT FOR NOTICE AND COMMENT.—Con-
sistent with the requirements of this section, the final adoption
of the voluntary voting system guidelines (or modification of such
a guideline) shall be carried out by the Commission in a manner
that provides for each of the following:
(1) Publication of notice of the proposed guidelines in the
Federal Register.
(2) An opportunity for public comment on the proposed
guidelines.
(3) An opportunity for a public hearing on the record.
(4) Publication of the final guidelines in the Federal Reg-
ister.
(b) CONSIDERATION
OF RECOMMENDATIONS
OF DEVELOPMENT
COMMITTEE; SUBMISSION OF PROPOSED GUIDELINES TO BOARD OF
ADVISORS AND STANDARDS BOARD.—
(1) CONSIDERATION OF RECOMMENDATIONS OF DEVELOPMENT
COMMITTEE.—In developing the voluntary voting system guide-
lines and modifications of such guidelines under this section,
H. R. 3295—19
the Executive Director of the Commission shall take into consid-
eration the recommendations provided by the Technical Guide-
lines Development Committee under section 221.
(2) BOARD OF ADVISORS.—The Executive Director of the
Commission shall submit the guidelines proposed to be adopted
under this part (or any modifications to such guidelines) to
the Board of Advisors.
(3) STANDARDS
BOARD.—The Executive Director of the
Commission shall submit the guidelines proposed to be adopted
under this part (or any modifications to such guidelines) to
the Executive Board of the Standards Board, which shall review
the guidelines (or modifications) and forward its recommenda-
tions to the Standards Board.
(c) REVIEW.—Upon receipt of voluntary voting system guidelines
described in subsection (b) (or a modification of such guidelines)
from the Executive Director of the Commission, the Board of
Advisors and the Standards Board shall each review and submit
comments and recommendations regarding the guideline (or modi-
fication) to the Commission.
(d) FINAL ADOPTION.—
(1) IN
GENERAL.—A voluntary voting system guideline
described in subsection (b) (or modification of such a guideline)
shall not be considered to be finally adopted by the Commission
unless the Commission votes to approve the final adoption
of the guideline (or modification), taking into consideration
the comments and recommendations submitted by the Board
of Advisors and the Standards Board under subsection (c).
(2) MINIMUM
PERIOD
FOR
CONSIDERATION
OF
COMMENTS
AND
RECOMMENDATIONS.—The Commission may not vote on
the final adoption of a guideline described in subsection (b)
(or modification of such a guideline) until the expiration of
the 90-day period which begins on the date the Executive
Director of the Commission submits the proposed guideline
(or modification) to the Board of Advisors and the Standards
Board under subsection (b).
(e) SPECIAL RULE FOR INITIAL SET OF GUIDELINES.—Notwith-
standing any other provision of this part, the most recent set
of voting system standards adopted by the Federal Election Commis-
sion prior to the date of the enactment of this Act shall be deemed
to have been adopted by the Commission as of the date of the
enactment of this Act as the first set of voluntary voting system
guidelines adopted under this part.
Subtitle B—Testing, Certification, Decerti-
fication, and Recertification of Voting
System Hardware and Software
SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS.
(a) CERTIFICATION AND TESTING.—
(1) IN GENERAL.—The Commission shall provide for the
testing, certification, decertification, and recertification of
voting system hardware and software by accredited labora-
tories.
H. R. 3295—20
(2) OPTIONAL USE BY STATES.—At the option of a State,
the State may provide for the testing, certification, decertifica-
tion, or recertification of its voting system hardware and soft-
ware by the laboratories accredited by the Commission under
this section.
(b) LABORATORY ACCREDITATION.—
(1) RECOMMENDATIONS BY NATIONAL INSTITUTE OF STAND-
ARDS AND TECHNOLOGY.—Not later than 6 months after the
Commission first adopts voluntary voting system guidelines
under part 3 of subtitle A, the Director of the National Institute
of Standards and Technology shall conduct an evaluation of
independent, non-Federal laboratories and shall submit to the
Commission a list of those laboratories the Director proposes
to be accredited to carry out the testing, certification, decerti-
fication, and recertification provided for under this section.
(2) APPROVAL BY COMMISSION.—
(A) IN GENERAL.—The Commission shall vote on the
accreditation of any laboratory under this section, taking
into consideration the list submitted under paragraph (1),
and no laboratory may be accredited for purposes of this
section unless its accreditation is approved by a vote of
the Commission.
(B) ACCREDITATION OF LABORATORIES NOT ON DIRECTOR
LIST.—The Commission shall publish an explanation for
the accreditation of any laboratory not included on the
list submitted by the Director of the National Institute
of Standards and Technology under paragraph (1).
(c) CONTINUING REVIEW BY NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY.—
(1) IN GENERAL.—In cooperation with the Commission and
in consultation with the Standards Board and the Board of
Advisors, the Director of the National Institute of Standards
and Technology shall monitor and review, on an ongoing basis,
the performance of the laboratories accredited by the Commis-
sion under this section, and shall make such recommendations
to the Commission as it considers appropriate with respect
to the continuing accreditation of such laboratories, including
recommendations to revoke the accreditation of any such labora-
tory.
(2) APPROVAL BY COMMISSION REQUIRED FOR REVOCATION.—
The accreditation of a laboratory for purposes of this section
may not be revoked unless the revocation is approved by a
vote of the Commission.
(d) TRANSITION.—Until such time as the Commission provides
for the testing, certification, decertification, and recertification of
voting system hardware and software by accredited laboratories
under this section, the accreditation of laboratories and the proce-
dure for the testing, certification, decertification, and recertification
of voting system hardware and software used as of the date of
the enactment of this Act shall remain in effect.
H. R. 3295—21
Subtitle C—Studies and Other Activities
To Promote Effective Administration of
Federal Elections
SEC. 241. PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES.
(a) IN GENERAL.—On such periodic basis as the Commission
may determine, the Commission shall conduct and make available
to the public studies regarding the election administration issues
described in subsection (b), with the goal of promoting methods
of voting and administering elections which—
(1) will be the most convenient, accessible, and easy to
use for voters, including members of the uniformed services
and overseas voters, individuals with disabilities, including the
blind and visually impaired, and voters with limited proficiency
in the English language;
(2) will yield the most accurate, secure, and expeditious
system for voting and tabulating election results;
(3) will be nondiscriminatory and afford each registered
and eligible voter an equal opportunity to vote and to have
that vote counted; and
(4) will be efficient and cost-effective for use.
(b) ELECTION ADMINISTRATION ISSUES DESCRIBED.—For pur-
poses of subsection (a), the election administration issues described
in this subsection are as follows:
(1) Methods and mechanisms of election technology and
voting systems used in voting and counting votes in elections
for Federal office, including the over-vote and under-vote
notification capabilities of such technology and systems.
(2) Ballot designs for elections for Federal office.
(3) Methods of voter registration, maintaining secure and
accurate lists of registered voters (including the establishment
of a centralized, interactive, statewide voter registration list
linked to relevant agencies and all polling sites), and ensuring
that registered voters appear on the voter registration list
at the appropriate polling site.
(4) Methods of conducting provisional voting.
(5) Methods of ensuring the accessibility of voting, registra-
tion, polling places, and voting equipment to all voters,
including individuals with disabilities (including the blind and
visually impaired), Native American or Alaska Native citizens,
and voters with limited proficiency in the English language.
(6) Nationwide statistics and methods of identifying, deter-
ring, and investigating voting fraud in elections for Federal
office.
(7) Identifying, deterring, and investigating methods of
voter intimidation.
(8) Methods of recruiting, training, and improving the
performance of poll workers.
(9) Methods of educating voters about the process of reg-
istering to vote and voting, the operation of voting mechanisms,
the location of polling places, and all other aspects of partici-
pating in elections.
(10) The feasibility and advisability of conducting elections
for Federal office on different days, at different places, and
H. R. 3295—22
during different hours, including the advisability of establishing
a uniform poll closing time and establishing—
(A) a legal public holiday under section 6103 of title
5, United States Code, as the date on which general elec-
tions for Federal office are held;
(B) the Tuesday next after the 1st Monday in
November, in every even numbered year, as a legal public
holiday under such section;
(C) a date other than the Tuesday next after the 1st
Monday in November, in every even numbered year as
the date on which general elections for Federal office are
held; and
(D) any date described in subparagraph (C) as a legal
public holiday under such section.
(11) Federal and State laws governing the eligibility of
persons to vote.
(12) Ways that the Federal Government can best assist
State and local authorities to improve the administration of
elections for Federal office and what levels of funding would
be necessary to provide such assistance.
(13)(A) The laws and procedures used by each State that
govern—
(i) recounts of ballots cast in elections for Federal office;
(ii) contests of determinations regarding whether votes
are counted in such elections; and
(iii) standards that define what will constitute a vote
on each type of voting equipment used in the State to
conduct elections for Federal office.
(B) The best practices (as identified by the Commission)
that are used by States with respect to the recounts and con-
tests described in clause (i).
(C) Whether or not there is a need for more consistency
among State recount and contest procedures used with respect
to elections for Federal office.
(14) The technical feasibility of providing voting materials
in eight or more languages for voters who speak those lan-
guages and who have limited English proficiency.
(15) Matters particularly relevant to voting and admin-
istering elections in rural and urban areas.
(16) Methods of voter registration for members of the uni-
formed services and overseas voters, and methods of ensuring
that such voters receive timely ballots that will be properly
and expeditiously handled and counted.
(17) The best methods for establishing voting system
performance benchmarks, expressed as a percentage of residual
vote in the Federal contest at the top of the ballot.
(18) Broadcasting practices that may result in the broadcast
of false information concerning the location or time of operation
of a polling place.
(19) Such other matters as the Commission determines
are appropriate.
(c) REPORTS.—The Commission shall submit to the President
and to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate a report on each study conducted under subsection
(a) together with such recommendations for administrative and
legislative action as the Commission determines is appropriate.
H. R. 3295—23
SEC. 242. STUDY, REPORT, AND RECOMMENDATIONS ON BEST PRAC-
TICES FOR FACILITATING MILITARY AND OVERSEAS
VOTING.
(a) STUDY.—
(1) IN GENERAL.—The Commission, in consultation with
the Secretary of Defense, shall conduct a study on the best
practices for facilitating voting by absent uniformed services
voters (as defined in section 107(1) of the Uniformed and Over-
seas Citizens Absentee Voting Act) and overseas voters (as
defined in section 107(5) of such Act).
(2) ISSUES CONSIDERED.—In conducting the study under
paragraph (1) the Commission shall consider the following
issues:
(A) The rights of residence of uniformed services voters
absent due to military orders.
(B) The rights of absent uniformed services voters and
overseas voters to register to vote and cast absentee ballots,
including the right of such voters to cast a secret ballot.
(C) The rights of absent uniformed services voters and
overseas voters to submit absentee ballot applications early
during an election year.
(D) The appropriate preelection deadline for mailing
absentee ballots to absent uniformed services voters and
overseas voters.
(E) The appropriate minimum period between the
mailing of absentee ballots to absent uniformed services
voters and overseas voters and the deadline for receipt
of such ballots.
(F) The timely transmission of balloting materials to
absent uniformed services voters and overseas voters.
(G) Security and privacy concerns in the transmission,
receipt, and processing of ballots from absent uniformed
services voters and overseas voters, including the need
to protect against fraud.
(H) The use of a single application by absent uniformed
services voters and overseas voters for absentee ballots
for all Federal elections occurring during a year.
(I) The use of a single application for voter registration
and absentee ballots by absent uniformed services voters
and overseas voters.
(J) The use of facsimile machines and electronic means
of transmission of absentee ballot applications and absentee
ballots to absent uniformed services voters and overseas
voters.
(K) Other issues related to the rights of absent uni-
formed services voters and overseas voters to participate
in elections.
(b) REPORT AND RECOMMENDATIONS.—Not later than the date
that is 18 months after the date of the enactment of this Act,
the Commission shall submit to the President and Congress a
report on the study conducted under subsection (a)(1) together
with recommendations identifying the best practices used with
respect to the issues considered under subsection (a)(2).
SEC. 243. REPORT ON HUMAN FACTOR RESEARCH.
Not later than 1 year after the date of the enactment of this
Act, the Commission, in consultation with the Director of the
H. R. 3295—24
National Institute of Standards and Technology, shall submit a
report to Congress which assesses the areas of human factor
research, including usability engineering and human-computer and
human-machine interaction, which feasibly could be applied to
voting products and systems design to ensure the usability and
accuracy of voting products and systems, including methods to
improve access for individuals with disabilities (including blindness)
and individuals with limited proficiency in the English language
and to reduce voter error and the number of spoiled ballots in
elections.
SEC. 244. STUDY AND REPORT ON VOTERS WHO REGISTER BY MAIL
AND USE OF SOCIAL SECURITY INFORMATION.
(a) REGISTRATION BY MAIL.—
(1) STUDY.—
(A) IN
GENERAL.—The Commission shall conduct a
study of the impact of section 303(b) on voters who register
by mail.
(B) SPECIFIC
ISSUES
STUDIED.—The study conducted
under subparagraph (A) shall include—
(i) an examination of the impact of section 303(b)
on first time mail registrant voters who vote in person,
including the impact of such section on voter registra-
tion;
(ii) an examination of the impact of such section
on the accuracy of voter rolls, including preventing
ineligible names from being placed on voter rolls and
ensuring that all eligible names are placed on voter
rolls; and
(iii) an analysis of the impact of such section on
existing State practices, such as the use of signature
verification or attestation procedures to verify the
identity of voters in elections for Federal office, and
an analysis of other changes that may be made to
improve the voter registration process, such as
verification or additional information on the registra-
tion card.
(2) REPORT.—Not later than 18 months after the date on
which section 303(b)(2) takes effect, the Commission shall
submit a report to the President and Congress on the study
conducted under paragraph (1)(A) together with such rec-
ommendations for administrative and legislative action as the
Commission determines is appropriate.
(b) USE OF SOCIAL SECURITY INFORMATION.—Not later than
18 months after the date on which section 303(a)(5) takes effect,
the Commission, in consultation with the Commissioner of Social
Security, shall study and report to Congress on the feasibility
and advisability of using Social Security identification numbers
or other information compiled by the Social Security Administration
to establish voter registration or other election law eligibility or
identification requirements, including the matching of relevant
information specific to an individual voter, the impact of such
use on national security issues, and whether adequate safeguards
or waiver procedures exist to protect the privacy of an individual
voter.
H. R. 3295—25
SEC. 245. STUDY AND REPORT ON ELECTRONIC VOTING AND THE
ELECTORAL PROCESS.
(a) STUDY.—
(1) IN GENERAL.—The Commission shall conduct a thorough
study of issues and challenges, specifically to include the poten-
tial for election fraud, presented by incorporating communica-
tions and Internet technologies in the Federal, State, and local
electoral process.
(2) ISSUES TO BE STUDIED.—The Commission may include
in the study conducted under paragraph (1) an examination
of—
(A) the appropriate security measures required and
minimum standards for certification of systems or tech-
nologies in order to minimize the potential for fraud in
voting or in the registration of qualified citizens to register
and vote;
(B) the possible methods, such as Internet or other
communications technologies, that may be utilized in the
electoral process, including the use of those technologies
to register voters and enable citizens to vote online, and
recommendations concerning statutes and rules to be
adopted in order to implement an online or Internet system
in the electoral process;
(C) the impact that new communications or Internet
technology systems for use in the electoral process could
have on voter participation rates, voter education, public
accessibility, potential external influences during the elec-
tions process, voter privacy and anonymity, and other
issues related to the conduct and administration of elec-
tions;
(D) whether other aspects of the electoral process, such
as public availability of candidate information and citizen
communication with candidates, could benefit from the
increased use of online or Internet technologies;
(E) the requirements for authorization of collection,
storage, and processing of electronically generated and
transmitted digital messages to permit any eligible person
to register to vote or vote in an election, including applying
for and casting an absentee ballot;
(F) the implementation cost of an online or Internet
voting or voter registration system and the costs of elections
after implementation (including a comparison of total cost
savings for the administration of the electoral process by
using Internet technologies or systems);
(G) identification of current and foreseeable online and
Internet technologies for use in the registration of voters,
for voting, or for the purpose of reducing election fraud,
currently available or in use by election authorities;
(H) the means by which to ensure and achieve equity
of access to online or Internet voting or voter registration
systems and address the fairness of such systems to all
citizens; and
(I) the impact of technology on the speed, timeliness,
and accuracy of vote counts in Federal, State, and local
elections.
(b) REPORT.—
H. R. 3295—26
(1) SUBMISSION.—Not later than 20 months after the date
of the enactment of this Act, the Commission shall transmit
to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administra-
tion of the Senate a report on the results of the study conducted
under subsection (a), including such legislative recommenda-
tions or model State laws as are required to address the findings
of the Commission.
(2) INTERNET POSTING.—In addition to the dissemination
requirements under chapter 19 of title 44, United States Code,
the Election Administration Commission shall post the report
transmitted under paragraph (1) on an Internet website.
SEC. 246. STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE.
(a) STUDY ON THE ESTABLISHMENT OF A FREE ABSENTEE BALLOT
POSTAGE PROGRAM.—
(1) IN GENERAL.—The Commission, in consultation with
the Postal Service, shall conduct a study on the feasibility
and advisability of the establishment of a program under which
the Postal Service shall waive or otherwise reduce the amount
of postage applicable with respect to absentee ballots submitted
by voters in general elections for Federal office (other than
balloting materials mailed under section 3406 of title 39, United
States Code) that does not apply with respect to the postage
required to send the absentee ballots to voters.
(2) PUBLIC SURVEY.—As part of the study conducted under
paragraph (1), the Commission shall conduct a survey of poten-
tial beneficiaries under the program described in such para-
graph, including the elderly and disabled, and shall take into
account the results of such survey in determining the feasibility
and advisability of establishing such a program.
(b) REPORT.—
(1) SUBMISSION.—Not later than the date that is 1 year
after the date of the enactment of this Act, the Commission
shall submit to Congress a report on the study conducted under
subsection (a)(1) together with recommendations for such legis-
lative and administrative action as the Commission determines
appropriate.
(2) COSTS.—The report submitted under paragraph (1) shall
contain an estimate of the costs of establishing the program
described in subsection (a)(1).
(3) IMPLEMENTATION.—The report submitted under para-
graph (1) shall contain an analysis of the feasibility of imple-
menting the program described in subsection (a)(1) with respect
to the absentee ballots to be submitted in the general election
for Federal office held in 2004.
(4) RECOMMENDATIONS REGARDING THE ELDERLY AND DIS-
ABLED.—The report submitted under paragraph (1) shall—
(A) include recommendations on ways that program
described in subsection (a)(1) would target elderly individ-
uals and individuals with disabilities; and
(B) identify methods to increase the number of such
individuals who vote in elections for Federal office.
(c) POSTAL SERVICE DEFINED.—The term ‘‘Postal Service’’ means
the United States Postal Service established under section 201
of title 39, United States Code.
H. R. 3295—27
SEC. 247. CONSULTATION WITH STANDARDS BOARD AND BOARD OF
ADVISORS.
The Commission shall carry out its duties under this subtitle
in consultation with the Standards Board and the Board of Advisors.
Subtitle D—Election Assistance
PART 1—REQUIREMENTS PAYMENTS
SEC. 251. REQUIREMENTS PAYMENTS.
(a) IN GENERAL.—The Commission shall make a requirements
payment each year in an amount determined under section 252
to each State which meets the conditions described in section 253
for the year.
(b) USE OF FUNDS.—
(1) IN GENERAL.—Except as provided in paragraph (2), a
State receiving a requirements payment shall use the payment
only to meet the requirements of title III.
(2) OTHER ACTIVITIES.—A State may use a requirements
payment to carry out other activities to improve the administra-
tion of elections for Federal office if the State certifies to the
Commission that—
(A) the State has implemented the requirements of
title III; or
(B) the amount expended with respect to such other
activities does not exceed an amount equal to the minimum
payment amount applicable to the State under section
252(c).
(c) RETROACTIVE PAYMENTS.—
(1) IN GENERAL.—Notwithstanding any other provision of
this subtitle, including the maintenance of effort requirements
of section 254(a)(7), a State may use a requirements payment
as a reimbursement for costs incurred in obtaining voting equip-
ment which meets the requirements of section 301 if the State
obtains the equipment after the regularly scheduled general
election for Federal office held in November 2000.
(2) SPECIAL RULE REGARDING MULTIYEAR CONTRACTS.—A
State may use a requirements payment for any costs for voting
equipment which meets the requirements of section 301 that,
pursuant to a multiyear contract, were incurred on or after
January 1, 2001, except that the amount that the State is
otherwise required to contribute under the maintenance of
effort requirements of section 254(a)(7) shall be increased by
the amount of the payment made with respect to such multiyear
contract.
(d) ADOPTION OF COMMISSION GUIDELINES AND GUIDANCE NOT
REQUIRED TO RECEIVE PAYMENT.—Nothing in this part may be
construed to require a State to implement any of the voluntary
voting system guidelines or any of the voluntary guidance adopted
by the Commission with respect to any matter as a condition
for receiving a requirements payment.
(e) SCHEDULE OF PAYMENTS.—As soon as practicable after the
initial appointment of all members of the Commission (but in no
event later than 6 months thereafter), and not less frequently
than once each calendar year thereafter, the Commission shall
make requirements payments to States under this part.
H. R. 3295—28
(f) LIMITATION.—A State may not use any portion of a require-
ments payment—
(1) to pay costs associated with any litigation, except to
the extent that such costs otherwise constitute permitted uses
of a requirements payment under this part; or
(2) for the payment of any judgment.
SEC. 252. ALLOCATION OF FUNDS.
(a) IN GENERAL.—Subject to subsection (c), the amount of a
requirements payment made to a State for a year shall be equal
to the product of—
(1) the total amount appropriated for requirements pay-
ments for the year pursuant to the authorization under section
257; and
(2) the State allocation percentage for the State (as deter-
mined under subsection (b)).
(b) STATE
ALLOCATION
PERCENTAGE
DEFINED.—The ‘‘State
allocation percentage’’ for a State is the amount (expressed as
a percentage) equal to the quotient of—
(1) the voting age population of the State (as reported
in the most recent decennial census); and
(2) the total voting age population of all States (as reported
in the most recent decennial census).
(c) MINIMUM AMOUNT OF PAYMENT.—The amount of a require-
ments payment made to a State for a year may not be less than—
(1) in the case of any of the several States or the District
of Columbia, one-half of 1 percent of the total amount appro-
priated for requirements payments for the year under section
257; or
(2) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, or the United States Virgin Islands, one-
tenth of 1 percent of such total amount.
(d) PRO RATA REDUCTIONS.—The Administrator shall make
such pro rata reductions to the allocations determined under sub-
section (a) as are necessary to comply with the requirements of
subsection (c).
(e) CONTINUING AVAILABILITY
OF FUNDS AFTER APPROPRIA-
TION.—A requirements payment made to a State under this part
shall be available to the State without fiscal year limitation.
SEC. 253. CONDITION FOR RECEIPT OF FUNDS.
(a) IN GENERAL.—A State is eligible to receive a requirements
payment for a fiscal year if the chief executive officer of the State,
or designee, in consultation and coordination with the chief State
election official, has filed with the Commission a statement certi-
fying that the State is in compliance with the requirements referred
to in subsection (b). A State may meet the requirement of the
previous sentence by filing with the Commission a statement which
reads as follows: ‘‘llllll hereby certifies that it is in compli-
ance with the requirements referred to in section 253(b) of the
Help America Vote Act of 2002.’’ (with the blank to be filled in
with the name of the State involved).
(b) STATE PLAN REQUIREMENT; CERTIFICATION OF COMPLIANCE
WITH APPLICABLE LAWS AND REQUIREMENTS.—The requirements
referred to in this subsection are as follows:
(1) The State has filed with the Commission a State plan
covering the fiscal year which the State certifies—
H. R. 3295—29
(A) contains each of the elements described in section
254 with respect to the fiscal year;
(B) is developed in accordance with section 255; and
(C) meets the public notice and comment requirements
of section 256.
(2) The State has filed with the Commission a plan for
the implementation of the uniform, nondiscriminatory adminis-
trative complaint procedures required under section 402 (or
has included such a plan in the State plan filed under para-
graph (1)), and has such procedures in place for purposes of
meeting the requirements of such section. If the State does
not include such an implementation plan in the State plan
filed under paragraph (1), the requirements of sections 255(b)
and 256 shall apply to the implementation plan in the same
manner as such requirements apply to the State plan.
(3) The State is in compliance with each of the laws
described in section 906, as such laws apply with respect to
this Act.
(4) To the extent that any portion of the requirements
payment is used for activities other than meeting the require-
ments of title III—
(A) the State’s proposed uses of the requirements pay-
ment are not inconsistent with the requirements of title
III; and
(B) the use of the funds under this paragraph is con-
sistent with the requirements of section 251(b).
(5) The State has appropriated funds for carrying out the
activities for which the requirements payment is made in an
amount equal to 5 percent of the total amount to be spent
for such activities (taking into account the requirements pay-
ment and the amount spent by the State) and, in the case
of a State that uses a requirements payment as a reimburse-
ment under section 251(c)(2), an additional amount equal to
the amount of such reimbursement.
(c) METHODS OF COMPLIANCE LEFT TO DISCRETION OF STATE.—
The specific choices on the methods of complying with the elements
of a State plan shall be left to the discretion of the State.
(d) TIMING FOR FILING OF CERTIFICATION.—A State may not
file a statement of certification under subsection (a) until the expira-
tion of the 45-day period (or, in the case of a fiscal year other
than the first fiscal year for which a requirements payment is
made to the State under this subtitle, the 30-day period) which
begins on the date the State plan under this subtitle is published
in the Federal Register pursuant to section 255(b).
(e) CHIEF STATE ELECTION OFFICIAL DEFINED.—In this subtitle,
the ‘‘chief State election official’’ of a State is the individual des-
ignated by the State under section 10 of the National Voter Reg-
istration Act of 1993 (42 U.S.C. 1973gg–8) to be responsible for
coordination of the State’s responsibilities under such Act.
SEC. 254. STATE PLAN.
(a) IN GENERAL.—The State plan shall contain a description
of each of the following:
(1) How the State will use the requirements payment to
meet the requirements of title III, and, if applicable under
section 251(a)(2), to carry out other activities to improve the
administration of elections.
H. R. 3295—30
(2) How the State will distribute and monitor the distribu-
tion of the requirements payment to units of local government
or other entities in the State for carrying out the activities
described in paragraph (1), including a description of—
(A) the criteria to be used to determine the eligibility
of such units or entities for receiving the payment; and
(B) the methods to be used by the State to monitor
the performance of the units or entities to whom the pay-
ment is distributed, consistent with the performance goals
and measures adopted under paragraph (8).
(3) How the State will provide for programs for voter edu-
cation, election official education and training, and poll worker
training which will assist the State in meeting the requirements
of title III.
(4) How the State will adopt voting system guidelines and
processes which are consistent with the requirements of section
301.
(5) How the State will establish a fund described in sub-
section (b) for purposes of administering the State’s activities
under this part, including information on fund management.
(6) The State’s proposed budget for activities under this
part, based on the State’s best estimates of the costs of such
activities and the amount of funds to be made available,
including specific information on—
(A) the costs of the activities required to be carried
out to meet the requirements of title III;
(B) the portion of the requirements payment which
will be used to carry out activities to meet such require-
ments; and
(C) the portion of the requirements payment which
will be used to carry out other activities.
(7) How the State, in using the requirements payment,
will maintain the expenditures of the State for activities funded
by the payment at a level that is not less than the level
of such expenditures maintained by the State for the fiscal
year ending prior to November 2000.
(8) How the State will adopt performance goals and meas-
ures that will be used by the State to determine its success
and the success of units of local government in the State
in carrying out the plan, including timetables for meeting each
of the elements of the plan, descriptions of the criteria the
State will use to measure performance and the process used
to develop such criteria, and a description of which official
is to be held responsible for ensuring that each performance
goal is met.
(9) A description of the uniform, nondiscriminatory State-
based administrative complaint procedures in effect under sec-
tion 402.
(10) If the State received any payment under title I, a
description of how such payment will affect the activities pro-
posed to be carried out under the plan, including the amount
of funds available for such activities.
(11) How the State will conduct ongoing management of
the plan, except that the State may not make any material
change in the administration of the plan unless the change—
H. R. 3295—31
(A) is developed and published in the Federal Register
in accordance with section 255 in the same manner as
the State plan;
(B) is subject to public notice and comment in accord-
ance with section 256 in the same manner as the State
plan; and
(C) takes effect only after the expiration of the 30-
day period which begins on the date the change is published
in the Federal Register in accordance with subparagraph
(A).
(12) In the case of a State with a State plan in effect
under this subtitle during the previous fiscal year, a description
of how the plan reflects changes from the State plan for the
previous fiscal year and of how the State succeeded in carrying
out the State plan for such previous fiscal year.
(13) A description of the committee which participated in
the development of the State plan in accordance with section
255 and the procedures followed by the committee under such
section and section 256.
(b) REQUIREMENTS FOR ELECTION FUND.—
(1) ELECTION FUND DESCRIBED.—For purposes of subsection
(a)(5), a fund described in this subsection with respect to a
State is a fund which is established in the treasury of the
State government, which is used in accordance with paragraph
(2), and which consists of the following amounts:
(A) Amounts appropriated or otherwise made available
by the State for carrying out the activities for which the
requirements payment is made to the State under this
part.
(B) The requirements payment made to the State under
this part.
(C) Such other amounts as may be appropriated under
law.
(D) Interest earned on deposits of the fund.
(2) USE OF FUND.—Amounts in the fund shall be used
by the State exclusively to carry out the activities for which
the requirements payment is made to the State under this
part.
(3) TREATMENT OF STATES THAT REQUIRE CHANGES TO STATE
LAW.—In the case of a State that requires State legislation
to establish the fund described in this subsection, the Commis-
sion shall defer disbursement of the requirements payment
to such State until such time as legislation establishing the
fund is enacted.
(c) PROTECTION AGAINST ACTIONS BASED ON INFORMATION IN
PLAN.—
(1) IN GENERAL.—No action may be brought under this
Act against a State or other jurisdiction on the basis of any
information contained in the State plan filed under this part.
(2) EXCEPTION
FOR
CRIMINAL
ACTS.—Paragraph (1) may
not be construed to limit the liability of a State or other
jurisdiction for criminal acts or omissions.
H. R. 3295—32
SEC. 255. PROCESS FOR DEVELOPMENT AND FILING OF PLAN;
PUBLICATION BY COMMISSION.
(a) IN GENERAL.—The chief State election official shall develop
the State plan under this subtitle through a committee of appro-
priate individuals, including the chief election officials of the two
most populous jurisdictions within the States, other local election
officials, stake holders (including representatives of groups of
individuals with disabilities), and other citizens, appointed for such
purpose by the chief State election official.
(b) PUBLICATION OF PLAN BY COMMISSION.—After receiving the
State plan of a State under this subtitle, the Commission shall
cause to have the plan published in the Federal Register.
SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT.
For purposes of section 251(a)(1)(C), a State plan meets the
public notice and comment requirements of this section if—
(1) not later than 30 days prior to the submission of the
plan, the State made a preliminary version of the plan available
for public inspection and comment;
(2) the State publishes notice that the preliminary version
of the plan is so available; and
(3) the State took the public comments made regarding
the preliminary version of the plan into account in preparing
the plan which was filed with the Commission.
SEC. 257. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—In addition to amounts transferred under
section 104(c), there are authorized to be appropriated for require-
ments payments under this part the following amounts:
(1) For fiscal year 2003, $1,400,000,000.
(2) For fiscal year 2004, $1,000,000,000.
(3) For fiscal year 2005, $600,000,000.
(b) AVAILABILITY.—Any amounts appropriated pursuant to the
authority of subsection (a) shall remain available without fiscal
year limitation until expended.
SEC. 258. REPORTS.
Not later than 6 months after the end of each fiscal year
for which a State received a requirements payment under this
part, the State shall submit a report to the Commission on the
activities conducted with the funds provided during the year, and
shall include in the report—
(1) a list of expenditures made with respect to each category
of activities described in section 251(b);
(2) the number and type of articles of voting equipment
obtained with the funds; and
(3) an analysis and description of the activities funded
under this part to meet the requirements of this Act and
an analysis and description of how such activities conform
to the State plan under section 254.
H. R. 3295—33
PART 2—PAYMENTS TO STATES AND UNITS OF
LOCAL GOVERNMENT TO ASSURE ACCESS
FOR INDIVIDUALS WITH DISABILITIES
SEC. 261. PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT
TO ASSURE ACCESS FOR INDIVIDUALS WITH DISABIL-
ITIES.
(a) IN GENERAL.—The Secretary of Health and Human Services
shall make a payment to each eligible State and each eligible
unit of local government (as described in section 263).
(b) USE OF FUNDS.—An eligible State and eligible unit of local
government shall use the payment received under this part for—
(1) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility, acces-
sible to individuals with disabilities, including the blind and
visually impaired, in a manner that provides the same oppor-
tunity for access and participation (including privacy and
independence) as for other voters; and
(2) providing individuals with disabilities and the other
individuals described in paragraph (1) with information about
the accessibility of polling places, including outreach programs
to inform the individuals about the availability of accessible
polling places and training election officials, poll workers, and
election volunteers on how best to promote the access and
participation of individuals with disabilities in elections for
Federal office.
(c) SCHEDULE OF PAYMENTS.—As soon as practicable after the
date of the enactment of this Act (but in no event later than
6 months thereafter), and not less frequently than once each cal-
endar year thereafter, the Secretary shall make payments under
this part.
SEC. 262. AMOUNT OF PAYMENT.
(a) IN GENERAL.—The amount of a payment made to an eligible
State or an eligible unit of local government for a year under
this part shall be determined by the Secretary.
(b) CONTINUING AVAILABILITY
OF FUNDS AFTER APPROPRIA-
TION.—A payment made to an eligible State or eligible unit of
local government under this part shall be available without fiscal
year limitation.
SEC. 263. REQUIREMENTS FOR ELIGIBILITY.
(a) APPLICATION.—Each State or unit of local government that
desires to receive a payment under this part for a fiscal year
shall submit an application for the payment to the Secretary at
such time and in such manner and containing such information
as the Secretary shall require.
(b) CONTENTS
OF APPLICATION.—Each application submitted
under subsection (a) shall—
(1) describe the activities for which assistance under this
section is sought; and
(2) provide such additional information and certifications
as the Secretary determines to be essential to ensure compli-
ance with the requirements of this part.
(c) PROTECTION AGAINST ACTIONS BASED ON INFORMATION IN
APPLICATION.—
H. R. 3295—34
(1) IN GENERAL.—No action may be brought under this
Act against a State or unit of local government on the basis
of any information contained in the application submitted under
subsection (a).
(2) EXCEPTION
FOR
CRIMINAL
ACTS.—Paragraph (1) may
not be construed to limit the liability of a State or unit of
local government for criminal acts or omissions.
SEC. 264. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
carry out the provisions of this part the following amounts:
(1) For fiscal year 2003, $50,000,000.
(2) For fiscal year 2004, $25,000,000.
(3) For fiscal year 2005, $25,000,000.
(b) AVAILABILITY.—Any amounts appropriated pursuant to the
authority of subsection (a) shall remain available without fiscal
year limitation until expended.
SEC. 265. REPORTS.
(a) REPORTS
BY RECIPIENTS.—Not later than the 6 months
after the end of each fiscal year for which an eligible State or
eligible unit of local government received a payment under this
part, the State or unit shall submit a report to the Secretary
on the activities conducted with the funds provided during the
year, and shall include in the report a list of expenditures made
with respect to each category of activities described in section
261(b).
(b) REPORT BY SECRETARY TO COMMITTEES.—With respect to
each fiscal year for which the Secretary makes payments under
this part, the Secretary shall submit a report on the activities
carried out under this part to the Committee on House Administra-
tion of the House of Representatives and the Committee on Rules
and Administration of the Senate.
PART 3—GRANTS FOR RESEARCH ON VOTING
TECHNOLOGY IMPROVEMENTS
SEC. 271. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVE-
MENTS.
(a) IN GENERAL.—The Commission shall make grants to assist
entities in carrying out research and development to improve the
quality, reliability, accuracy, accessibility, affordability, and security
of voting equipment, election systems, and voting technology.
(b) ELIGIBILITY.—An entity is eligible to receive a grant under
this part if it submits to the Commission (at such time and in
such form as the Commission may require) an application
containing—
(1) certifications that the research and development funded
with the grant will take into account the need to make voting
equipment fully accessible for individuals with disabilities,
including the blind and visually impaired, the need to ensure
that such individuals can vote independently and with privacy,
and the need to provide alternative language accessibility for
individuals with limited proficiency in the English language
(consistent with the requirements of the Voting Rights Act
of 1965); and
H. R. 3295—35
(2) such other information and certifications as the
Commission may require.
(c) APPLICABILITY OF REGULATIONS GOVERNING PATENT RIGHTS
IN INVENTIONS MADE WITH FEDERAL ASSISTANCE.—Any invention
made by the recipient of a grant under this part using funds
provided under this part shall be subject to chapter 18 of title
35, United States Code (relating to patent rights in inventions
made with Federal assistance).
(d) RECOMMENDATION OF TOPICS FOR RESEARCH.—
(1) IN GENERAL.—The Director of the National Institute
of Standards and Technology (hereafter in this section referred
to as the ‘‘Director’’) shall submit to the Commission an annual
list of the Director’s suggestions for issues which may be the
subject of research funded with grants awarded under this
part during the year.
(2) REVIEW OF GRANT APPLICATIONS RECEIVED BY COMMIS-
SION.—The Commission shall submit each application it
receives for a grant under this part to the Director, who shall
review the application and provide the Commission with such
comments as the Director considers appropriate.
(3) MONITORING AND ADJUSTMENT OF GRANT ACTIVITIES AT
REQUEST OF COMMISSION.—After the Commission has awarded
a grant under this part, the Commission may request that
the Director monitor the grant, and (to the extent permitted
under the terms of the grant as awarded) the Director may
recommend to the Commission that the recipient of the grant
modify and adjust the activities carried out under the grant.
(4) EVALUATION OF GRANTS AT REQUEST OF COMMISSION.—
(A) IN GENERAL.—In the case of a grant for which
the Commission submits the application to the Director
under paragraph (2) or requests that the Director monitor
the grant under paragraph (3), the Director shall prepare
and submit to the Commission an evaluation of the grant
and the activities carried out under the grant.
(B) INCLUSION
IN
REPORTS.—The Commission shall
include the evaluations submitted under subparagraph (A)
for a year in the report submitted for the year under
section 207.
(e) PROVISION OF INFORMATION ON PROJECTS.—The Commission
may provide to the Technical Guidelines Development Committee
under part 3 of subtitle A such information regarding the activities
funded under this part as the Commission deems necessary to
assist the Committee in carrying out its duties.
SEC. 272. REPORT.
(a) IN GENERAL.—Each entity which receives a grant under
this part shall submit to the Commission a report describing the
activities carried out with the funds provided under the grant.
(b) DEADLINE.—An entity shall submit a report required under
subsection (a) not later than 60 days after the end of the fiscal
year for which the entity received the grant which is the subject
of the report.
SEC. 273. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated for
grants under this part $20,000,000 for fiscal year 2003.