H. R. 3295—45
(A) A system of file maintenance that makes a reason-
able effort to remove registrants who are ineligible to vote
from the official list of eligible voters. Under such system,
consistent with the National Voter Registration Act of 1993
(42 U.S.C. 1973gg et seq.), registrants who have not
responded to a notice and who have not voted in 2 consecu-
tive general elections for Federal office 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 voters are not
removed in error from the official list of eligible voters.
(5) VERIFICATION OF VOTER REGISTRATION INFORMATION.—
(A) REQUIRING PROVISION OF CERTAIN INFORMATION BY
APPLICANTS.—
(i) IN GENERAL.—Except as provided in clause (ii),
notwithstanding any other provision of law, an applica-
tion for voter registration for an election for Federal
office may not be accepted or processed by a State
unless the application includes—
(I) in the case of an applicant who has been
issued a current and valid driver’s license, the
applicant’s driver’s license number; or
(II) in the case of any other applicant (other
than an applicant to whom clause (ii) applies),
the last 4 digits of the applicant’s social security
number.
(ii) SPECIAL
RULE
FOR
APPLICANTS
WITHOUT
DRIVER’S LICENSE OR SOCIAL SECURITY NUMBER.—If an
applicant for voter registration for an election for Fed-
eral office has not been issued a current and valid
driver’s license or a social security number, the State
shall assign the applicant a number which will serve
to identify the applicant for voter registration purposes.
To the extent that the State has a computerized list
in effect under this subsection and the list assigns
unique identifying numbers to registrants, the number
assigned under this clause shall be the unique identi-
fying number assigned under the list.
(iii) DETERMINATION OF VALIDITY OF NUMBERS PRO-
VIDED.—The State shall determine whether the
information provided by an individual is sufficient to
meet the requirements of this subparagraph, in accord-
ance with State law.
(B) REQUIREMENTS FOR STATE OFFICIALS.—
(i) SHARING
INFORMATION
IN
DATABASES.—The
chief State election official and the official responsible
for the State motor vehicle authority of a State shall
enter into an agreement to match information in the
database of the statewide voter registration system
with information in the database of the motor vehicle
authority to the extent required to enable each such
official to verify the accuracy of the information pro-
vided on applications for voter registration.
(ii) AGREEMENTS WITH COMMISSIONER OF SOCIAL
SECURITY.—The official responsible for the State motor
vehicle authority shall enter into an agreement with
H. R. 3295—46
the Commissioner of Social Security under section
205(r)(8) of the Social Security Act (as added by
subparagraph (C)).
(C) ACCESS TO FEDERAL INFORMATION.—Section 205(r)
of the Social Security Act (42 U.S.C. 405(r)) is amended
by adding at the end the following new paragraph:
‘‘(8)(A) The Commissioner of Social Security shall, upon the
request of the official responsible for a State driver’s license agency
pursuant to the Help America Vote Act of 2002—
‘‘(i) enter into an agreement with such official for the pur-
pose of verifying applicable information, so long as the require-
ments of subparagraphs (A) and (B) of paragraph (3) are met;
and
‘‘(ii) include in such agreement safeguards to assure the
maintenance of the confidentiality of any applicable information
disclosed and procedures to permit such agency to use the
applicable information for the purpose of maintaining its
records.
‘‘(B) Information provided pursuant to an agreement under
this paragraph shall be provided at such time, in such place, and
in such manner as the Commissioner determines appropriate.
‘‘(C) The Commissioner shall develop methods to verify the
accuracy of information provided by the agency with respect to
applications for voter registration, for whom the last 4 digits of
a social security number are provided instead of a driver’s license
number.
‘‘(D) For purposes of this paragraph—
‘‘(i) the term ‘applicable information’ means information
regarding whether—
‘‘(I) the name (including the first name and any family
forename or surname), the date of birth (including the
month, day, and year), and social security number of an
individual provided to the Commissioner match the
information contained in the Commissioner’s records, and
‘‘(II) such individual is shown on the records of the
Commissioner as being deceased; and
‘‘(ii) the term ‘State driver’s license agency’ means the
State agency which issues driver’s licenses to individuals within
the State and maintains records relating to such licensure.
‘‘(E) Nothing in this paragraph may be construed to require
the provision of applicable information with regard to a request
for a record of an individual if the Commissioner determines there
are exceptional circumstances warranting an exception (such as
safety of the individual or interference with an investigation).
‘‘(F) Applicable information provided by the Commission pursu-
ant to an agreement under this paragraph or by an individual
to any agency that has entered into an agreement under this
paragraph shall be considered as strictly confidential and shall
be used only for the purposes described in this paragraph and
for carrying out an agreement under this paragraph. Any officer
or employee or former officer or employee of a State, or any officer
or employee or former officer or employee of a contractor of a
State who, without the written authority of the Commissioner,
publishes or communicates any applicable information in such
individual’s possession by reason of such employment or position
as such an officer, shall be guilty of a felony and upon conviction
H. R. 3295—47
thereof shall be fined or imprisoned, or both, as described in section
208.’’.
(D) SPECIAL RULE FOR CERTAIN STATES.—In the case
of a State which is permitted to use social security num-
bers, and provides for the use of social security numbers,
on applications for voter registration, in accordance with
section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note),
the provisions of this paragraph shall be optional.
(b) REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.—
(1) IN
GENERAL.—Notwithstanding section 6(c) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg–
4(c)) and subject to paragraph (3), a State shall, in a uniform
and nondiscriminatory manner, require an individual to meet
the requirements of paragraph (2) if—
(A) the individual registered to vote in a jurisdiction
by mail; and
(B)(i) the individual has not previously voted in an
election for Federal office in the State; or
(ii) the individual has not previously voted in such
an election in the jurisdiction and the jurisdiction is located
in a State that does not have a computerized list that
complies with the requirements of subsection (a).
(2) REQUIREMENTS.—
(A) IN
GENERAL.—An individual meets the require-
ments of this paragraph if the individual—
(i) in the case of an individual who votes in
person—
(I) presents to the appropriate State or local
election official a current and valid photo identi-
fication; or
(II) presents to the appropriate State or local
election official a copy of a current utility bill,
bank statement, government check, paycheck, or
other government document that shows the name
and address of the voter; or
(ii) in the case of an individual who votes by mail,
submits with the ballot—
(I) a copy of a current and valid photo identi-
fication; or
(II) a copy of a current utility bill, bank state-
ment, government check, paycheck, or other
government document that shows the name and
address of the voter.
(B) FAIL-SAFE VOTING.—
(i) IN PERSON.—An individual who desires to vote
in person, but who does not meet the requirements
of subparagraph (A)(i), may cast a provisional ballot
under section 302(a).
(ii) BY MAIL.—An individual who desires to vote
by mail but who does not meet the requirements of
subparagraph (A)(ii) may cast such a ballot by mail
and the ballot shall be counted as a provisional ballot
in accordance with section 302(a).
(3) INAPPLICABILITY.—Paragraph (1) shall not apply in the
case of a person—
H. R. 3295—48
(A) who registers to vote by mail under section 6 of
the National Voter Registration Act of 1993 (42 U.S.C.
1973gg–4) and submits as part of such registration either—
(i) a copy of a current and valid photo identifica-
tion; or
(ii) a copy of a current utility bill, bank statement,
government check, paycheck, or government document
that shows the name and address of the voter;
(B)(i) who registers to vote by mail under section 6
of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg–4) and submits with such registration either—
(I) a driver’s license number; or
(II) at least the last 4 digits of the individual’s
social security number; and
(ii) with respect to whom a State or local election
official matches the information submitted under clause
(i) with an existing State identification record bearing the
same number, name and date of birth as provided in such
registration; or
(C) who is—
(i) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff–1 et seq.);
(ii) provided the right to vote otherwise than in
person under section 3(b)(2)(B)(ii) of the Voting Accessi-
bility for the Elderly and Handicapped Act (42 U.S.C.
1973ee–1(b)(2)(B)(ii)); or
(iii) entitled to vote otherwise than in person under
any other Federal law.
(4) CONTENTS OF MAIL-IN REGISTRATION FORM.—
(A) IN
GENERAL.—The mail voter registration form
developed under section 6 of the National Voter Registra-
tion Act of 1993 (42 U.S.C. 1973gg–4) shall include the
following:
(i) The question ‘‘Are you a citizen of the United
States of America?’’ and boxes for the applicant to
check to indicate whether the applicant is or is not
a citizen of the United States.
(ii) The question ‘‘Will you be 18 years of age
on or before election day?’’ and boxes for the applicant
to check to indicate whether or not the applicant will
be 18 years of age or older on election day.
(iii) The statement ‘‘If you checked ‘no’ in response
to either of these questions, do not complete this form.’’.
(iv) A statement informing the individual that if
the form is submitted by mail and the individual is
registering for the first time, the appropriate informa-
tion required under this section must be submitted
with the mail-in registration form in order to avoid
the additional identification requirements upon voting
for the first time.
(B) INCOMPLETE FORMS.—If an applicant for voter reg-
istration fails to answer the question included on the mail
voter registration form pursuant to subparagraph (A)(i),
the registrar shall notify the applicant of the failure and
provide the applicant with an opportunity to complete the
form in a timely manner to allow for the completion of
H. R. 3295—49
the registration form prior to the next election for Federal
office (subject to State law).
(5) CONSTRUCTION.—Nothing in this subsection shall be
construed to require a State that was not required to comply
with a provision of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg et seq.) before the date of the enactment
of this Act to comply with such a provision after such date.
(c) PERMITTED USE
OF LAST 4 DIGITS
OF SOCIAL SECURITY
NUMBERS.—The last 4 digits of a social security number described
in subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be consid-
ered to be a social security number for purposes of section 7 of
the Privacy Act of 1974 (5 U.S.C. 552a note).
(d) EFFECTIVE DATE.—
(1) COMPUTERIZED
STATEWIDE
VOTER
REGISTRATION
LIST
REQUIREMENTS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), each State and jurisdiction shall be required to comply
with the requirements of subsection (a) on and after
January 1, 2004.
(B) WAIVER.—If a State or jurisdiction certifies to the
Commission not later than January 1, 2004, that the State
or jurisdiction will not meet the deadline described in
subparagraph (A) for good cause and includes in the certifi-
cation the reasons for the failure to meet such deadline,
subparagraph (A) shall apply to the State or jurisdiction
as if the reference in such subparagraph to ‘‘January 1,
2004’’ were a reference to ‘‘January 1, 2006’’.
(2) REQUIREMENT FOR VOTERS WHO REGISTER BY MAIL.—
(A) IN
GENERAL.—Each State and jurisdiction shall
be required to comply with the requirements of subsection
(b) on and after January 1, 2004, and shall be prepared
to receive registration materials submitted by individuals
described in subparagraph (B) on and after the date
described in such subparagraph.
(B) APPLICABILITY WITH RESPECT TO INDIVIDUALS.—The
provisions of subsection (b) shall apply to any individual
who registers to vote on or after January 1, 2003.
SEC. 304. MINIMUM REQUIREMENTS.
The requirements established by this title are minimum
requirements and nothing in this title shall be construed to prevent
a State from establishing election technology and administration
requirements that are more strict than the requirements established
under this title so long as such State requirements are not incon-
sistent with the Federal requirements under this title or any law
described in section 906.
SEC. 305. METHODS OF IMPLEMENTATION LEFT TO DISCRETION OF
STATE.
The specific choices on the methods of complying with the
requirements of this title shall be left to the discretion of the
State.
H. R. 3295—50
Subtitle B—Voluntary Guidance
SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION.
(a) IN GENERAL.—To assist States in meeting the requirements
of subtitle A, the Commission shall adopt voluntary guidance con-
sistent with such requirements in accordance with the procedures
described in section 312.
(b) DEADLINES.—The Commission shall adopt the recommenda-
tions under this section not later than—
(1) in the case of the recommendations with respect to
section 301, January 1, 2004;
(2) in the case of the recommendations with respect to
section 302, October 1, 2003; and
(3) in the case of the recommendations with respect to
section 303, October 1, 2003.
(c) QUADRENNIAL UPDATE.—The Commission shall review and
update recommendations adopted with respect to section 301 no
less frequently than once every 4 years.
SEC. 312. PROCESS FOR ADOPTION.
The adoption of the voluntary guidance under this subtitle
shall be carried out by the Commission in a manner that provides
for each of the following:
(1) Publication of notice of the proposed recommendations
in the Federal Register.
(2) An opportunity for public comment on the proposed
recommendations.
(3) An opportunity for a public hearing on the record.
(4) Publication of the final recommendations in the Federal
Register.
TITLE IV—ENFORCEMENT
SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY
AND INJUNCTIVE RELIEF.
The Attorney General may bring a civil action against any
State or jurisdiction in an appropriate United States District Court
for such declaratory and injunctive relief (including a temporary
restraining order, a permanent or temporary injunction, or other
order) as may be necessary to carry out the uniform and nondiscrim-
inatory election technology and administration requirements under
sections 301, 302, and 303.
SEC. 402. ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COM-
PLAINT PROCEDURES TO REMEDY GRIEVANCES.
(a) ESTABLISHMENT
OF STATE-BASED ADMINISTRATIVE COM-
PLAINT PROCEDURES TO REMEDY GRIEVANCES.—
(1) ESTABLISHMENT
OF
PROCEDURES
AS
CONDITION
OF
RECEIVING FUNDS.—If a State receives any payment under a
program under this Act, the State shall be required to establish
and maintain State-based administrative complaint procedures
which meet the requirements of paragraph (2).
(2) REQUIREMENTS FOR PROCEDURES.—The requirements of
this paragraph are as follows:
(A) The procedures shall be uniform and nondiscrim-
inatory.
H. R. 3295—51
(B) Under the procedures, any person who believes
that there is a violation of any provision of title III
(including a violation which has occurred, is occurring,
or is about to occur) may file a complaint.
(C) Any complaint filed under the procedures shall
be in writing and notarized, and signed and sworn by
the person filing the complaint.
(D) The State may consolidate complaints filed under
subparagraph (B).
(E) At the request of the complainant, there shall
be a hearing on the record.
(F) If, under the procedures, the State determines that
there is a violation of any provision of title III, the State
shall provide the appropriate remedy.
(G) If, under the procedures, the State determines
that there is no violation, the State shall dismiss the com-
plaint and publish the results of the procedures.
(H) The State shall make a final determination with
respect to a complaint prior to the expiration of the 90-
day period which begins on the date the complaint is filed,
unless the complainant consents to a longer period for
making such a determination.
(I) If the State fails to meet the deadline applicable
under subparagraph (H), the complaint shall be resolved
within 60 days under alternative dispute resolution proce-
dures established for purposes of this section. The record
and other materials from any proceedings conducted under
the complaint procedures established under this section
shall be made available for use under the alternative dis-
pute resolution procedures.
(b) REQUIRING ATTORNEY GENERAL APPROVAL OF COMPLIANCE
PLAN FOR STATES NOT RECEIVING FUNDS.—
(1) IN GENERAL.—Not later than January 1, 2004, each
nonparticipating State shall elect—
(A) to certify to the Commission that the State meets
the requirements of subsection (a) in the same manner
as a State receiving a payment under this Act; or
(B) to submit a compliance plan to the Attorney Gen-
eral which provides detailed information on the steps the
State will take to ensure that it meets the requirements
of title III.
(2) STATES
WITHOUT
APPROVED
PLAN
DEEMED
OUT
OF
COMPLIANCE.—A nonparticipating State (other than a State
which makes the election described in paragraph (1)(A)) shall
be deemed to not meet the requirements of title III if the
Attorney General has not approved a compliance plan sub-
mitted by the State under this subsection.
(3) NONPARTICIPATING STATE DEFINED.—In this section, a
‘‘nonparticipating State’’ is a State which, during 2003, does
not notify any office which is responsible for making payments
to States under any program under this Act of its intent to
participate in, and receive funds under, the program.
H. R. 3295—52
TITLE V—HELP AMERICA VOTE
COLLEGE PROGRAM
SEC. 501. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 1 year after the appointment
of its members, the Election Assistance Commission shall develop
a program to be known as the ‘‘Help America Vote College Program’’
(hereafter in this title referred to as the ‘‘Program’’).
(b) PURPOSES OF PROGRAM.—The purpose of the Program shall
be—
(1) to encourage students enrolled at institutions of higher
education (including community colleges) to assist State and
local governments in the administration of elections by serving
as nonpartisan poll workers or assistants; and
(2) to encourage State and local governments to use the
services of the students participating in the Program.
SEC. 502. ACTIVITIES UNDER PROGRAM.
(a) IN GENERAL.—In carrying out the Program, the Commission
(in consultation with the chief election official of each State) shall
develop materials, sponsor seminars and workshops, engage in
advertising targeted at students, make grants, and take such other
actions as it considers appropriate to meet the purposes described
in section 501(b).
(b) REQUIREMENTS FOR GRANT RECIPIENTS.—In making grants
under the Program, the Commission shall ensure that the funds
provided are spent for projects and activities which are carried
out without partisan bias or without promoting any particular
point of view regarding any issue, and that each recipient is gov-
erned in a balanced manner which does not reflect any partisan
bias.
(c) COORDINATION WITH INSTITUTIONS OF HIGHER EDUCATION.—
The Commission shall encourage institutions of higher education
(including community colleges) to participate in the Program, and
shall make all necessary materials and other assistance (including
materials and assistance to enable the institution to hold workshops
and poll worker training sessions) available without charge to any
institution which desires to participate in the Program.
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
In addition to any funds authorized to be appropriated to the
Commission under section 210, there are authorized to be appro-
priated to carry out this title—
(1) $5,000,000 for fiscal year 2003; and
(2) such sums as may be necessary for each succeeding
fiscal year.
TITLE VI—HELP AMERICA VOTE
FOUNDATION
SEC. 601. HELP AMERICA VOTE FOUNDATION.
(a) IN GENERAL.—Part B of subtitle II of title 36, United States
Code, is amended by inserting after chapter 1525 the following:
H. R. 3295—53
‘‘CHAPTER 1526—HELP AMERICA VOTE FOUNDATION
‘‘Sec.
‘‘152601. Organization.
‘‘152602. Purposes.
‘‘152603. Board of directors.
‘‘152604. Officers and employees.
‘‘152605. Powers.
‘‘152606. Principal office.
‘‘152607. Service of process.
‘‘152608. Annual audit.
‘‘152609. Civil action by Attorney General for equitable relief.
‘‘152610. Immunity of United States Government.
‘‘152611. Authorization of appropriations.
‘‘152612. Annual report.
‘‘§ 152601. Organization
‘‘(a) FEDERAL CHARTER.—The Help America Vote Foundation
(in this chapter, the ‘foundation’) is a federally chartered corpora-
tion.
‘‘(b) NATURE OF FOUNDATION.—The foundation is a charitable
and nonprofit corporation and is not an agency or establishment
of the United States Government.
‘‘(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the
foundation has perpetual existence.
‘‘§ 152602. Purposes
‘‘(a) IN GENERAL.—The purposes of the foundation are to—
‘‘(1) mobilize secondary school students (including students
educated in the home) in the United States to participate
in the election process in a nonpartisan manner as poll workers
or assistants (to the extent permitted under applicable State
law);
‘‘(2) place secondary school students (including students
educated in the home) as nonpartisan poll workers or assistants
to local election officials in precinct polling places across the
United States (to the extent permitted under applicable State
law); and
‘‘(3) establish cooperative efforts with State and local elec-
tion officials, local educational agencies, superintendents and
principals of public and private secondary schools, and other
appropriate nonprofit charitable and educational organizations
exempt from taxation under section 501(a) of the Internal Rev-
enue Code of 1986 as an organization described in section
501(c)(3) of such Code to further the purposes of the foundation.
‘‘(b) REQUIRING ACTIVITIES TO BE CARRIED OUT
ON NON-
PARTISAN BASIS.—The foundation shall carry out its purposes with-
out partisan bias or without promoting any particular point of
view regarding any issue, and shall ensure that each participant
in its activities is governed in a balanced manner which does
not reflect any partisan bias.
‘‘(c) CONSULTATION WITH STATE ELECTION OFFICIALS.—The
foundation shall carry out its purposes under this section in con-
sultation with the chief election officials of the States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, and the United States Virgin Islands.
‘‘§ 152603. Board of directors
‘‘(a) GENERAL.—The board of directors is the governing body
of the foundation.
H. R. 3295—54
‘‘(b) MEMBERS AND APPOINTMENT.—(1) The board consists of
12 directors, who shall be appointed not later than 60 days after
the date of the enactment of this chapter as follows:
‘‘(A) Four directors (of whom not more than two may be
members of the same political party) shall be appointed by
the President.
‘‘(B) Two directors shall be appointed by the Speaker of
the House of Representatives.
‘‘(C) Two directors shall be appointed by the Minority
Leader of the House of Representatives.
‘‘(D) Two directors shall be appointed by the Majority
Leader of the Senate.
‘‘(E) Two directors shall be appointed by the Minority
Leader of the Senate.
‘‘(2) In addition to the directors described in paragraph (1),
the chair and ranking minority member of the Committee on House
Administration of the House of Representatives (or their designees)
and the chair and ranking minority member of the Committee
on Rules and Administration of the Senate (or their designees)
shall each serve as an ex officio nonvoting member of the board.
‘‘(3) A director is not an employee of the Federal Government
and appointment to the board does not constitute appointment
as an officer or employee of the United States Government for
the purpose of any law of the United States (except as may other-
wise be provided in this chapter).
‘‘(4) The terms of office of the directors are 4 years.
‘‘(5) A vacancy on the board shall be filled in the manner
in which the original appointment was made.
‘‘(c) CHAIR.—The directors shall select one of the directors as
the chair of the board. The individual selected may not be a current
or former holder of any partisan elected office or a current or
former officer of any national committee of a political party.
‘‘(d) QUORUM.—The number of directors constituting a quorum
of the board shall be established under the bylaws of the foundation.
‘‘(e) MEETINGS.—The board shall meet at the call of the chair
of the board for regularly scheduled meetings, except that the
board shall meet not less often than annually.
‘‘(f) REIMBURSEMENT OF EXPENSES.—Directors shall serve with-
out compensation but may receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702 and
5703 of title 5.
‘‘(g) LIABILITY
OF DIRECTORS.—Directors are not personally
liable, except for gross negligence.
‘‘§ 152604. Officers and employees
‘‘(a) APPOINTMENT OF OFFICERS AND EMPLOYEES.—The board
of directors appoints, removes, and replaces officers and employees
of the foundation.
‘‘(b) STATUS AND COMPENSATION OF EMPLOYEES.—
‘‘(1) 
IN
GENERAL.—Officers 
and 
employees 
of 
the
foundation—
‘‘(A) are not employees of the Federal Government
(except as may otherwise be provided in this chapter);
‘‘(B) shall be appointed and removed without regard
to the provisions of title 5 governing appointments in the
competitive service; and
H. R. 3295—55
‘‘(C) may be paid without regard to chapter 51 and
subchapter III of chapter 53 of title 5.
‘‘(2) AVAILABILITY
OF
FEDERAL
EMPLOYEE
RATES
FOR
TRAVEL.—For purposes of any schedules of rates negotiated
by the Administrator of General Services for the use of
employees of the Federal Government who travel on official
business, officers and employees of the foundation who travel
while engaged in the performance of their duties under this
chapter shall be deemed to be employees of the Federal Govern-
ment.
‘‘§ 152605. Powers
‘‘(a) IN GENERAL.—The foundation may—
‘‘(1) adopt a constitution and bylaws;
‘‘(2) adopt a seal which shall be judicially noticed; and
‘‘(3) do any other act necessary to carry out this chapter.
‘‘(b) POWERS
AS TRUSTEE.—To carry out its purposes, the
foundation has the usual powers of a corporation acting as a trustee
in the District of Columbia, including the power—
‘‘(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust, of
property or any income from or other interest in property;
‘‘(2) to acquire property or an interest in property by pur-
chase or exchange;
‘‘(3) unless otherwise required by an instrument of transfer,
to sell, donate, lease, invest, or otherwise dispose of any prop-
erty or income from property;
‘‘(4) to borrow money and issue instruments of indebted-
ness;
‘‘(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 encum-
bered, restricted, or subject to beneficial interests of private persons,
if any current or future interest is for the benefit of the foundation.
‘‘(d) CONTRACTS.—The foundation may enter into such contracts
with public and private entities as it considers appropriate to carry
out its purposes.
‘‘(e) ANNUAL
CONFERENCE
IN
WASHINGTON
METROPOLITAN
AREA.—During each year (beginning with 2003), the foundation
may sponsor a conference in the Washington, D.C. metropolitan
area to honor secondary school students and other individuals who
have served (or plan to serve) as poll workers and assistants and
who have otherwise participated in the programs and activities
of the foundation.
‘‘§ 152606. Principal office
‘‘The principal office of the foundation shall be in the District
of Columbia unless the board of directors determines otherwise.
However, the foundation may conduct business throughout the
States, territories, and possessions of the United States.
H. R. 3295—56
‘‘§ 152607. Service of process
‘‘The foundation shall have a designated agent to receive service
of process for the foundation. Notice to or service on the agent,
or mailed to the business address of the agent, is notice to or
service on the foundation.
‘‘§ 152608. Annual audit
‘‘The foundation shall enter into a contract with an independent
auditor to conduct an annual audit of the foundation.
‘‘§ 152609. Civil action by Attorney General for equitable
relief
‘‘The Attorney General may bring a civil action in the United
States District Court for the District of Columbia for appropriate
equitable relief if the foundation—
‘‘(1) engages or threatens to engage in any act, practice,
or policy that is inconsistent with the purposes in section
152602 of this title; or
‘‘(2) refuses, fails, or neglects to carry out its obligations
under this chapter or threatens to do so.
‘‘§ 152610. Immunity of United States Government
‘‘The United States Government is not liable for any debts,
defaults, acts, or omissions of the foundation. The full faith and
credit of the Government does not extend to any obligation of
the foundation.
‘‘§ 152611. Authorization of appropriations
‘‘There are authorized to be appropriated to the foundation
for carrying out the purposes of this chapter—
‘‘(1) $5,000,000 for fiscal year 2003; and
‘‘(2) such sums as may be necessary for each succeeding
fiscal year.
‘‘§ 152612. Annual report
‘‘As soon as practicable after the end of each fiscal year, the
foundation shall submit a report to the Commission, the President,
and Congress on the activities of the foundation during the prior
fiscal year, including a complete statement of its receipts, expendi-
tures, and investments. Such report shall contain information gath-
ered from participating secondary school students describing the
nature of the work they performed in assisting local election officials
and the value they derived from the experience of educating partici-
pants about the electoral process.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for part B
of subtitle II of title 36, United States Code, is amended by inserting
after the item relating to chapter 1525 the following new item:
‘‘1526. Help America Vote Foundation ..........................................................
152601’’.
H. R. 3295—57
TITLE VII—VOTING RIGHTS OF MILI-
TARY MEMBERS AND OVERSEAS CITI-
ZENS
SEC. 701. VOTING ASSISTANCE PROGRAMS.
(a) VOTING ASSISTANCE OFFICERS.—Subsection (f) of section
1566 of title 10, United States Code, as added by section 1602(a)
of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107–107; 115 Stat. 1274), is amended—
(1) by striking ‘‘Voting assistance’’ in the first sentence
and inserting ‘‘(1) Voting assistance’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Under regulations and procedures (including directives)
prescribed by the Secretary, a member of the armed forces appointed
or assigned to duty as a voting assistance officer shall, to the
maximum extent practicable, be given the time and resources
needed to perform the member’s duties as a voting assistance officer
during the period in advance of a general election when members
and their dependents are preparing and submitting absentee
ballots.’’.
(b) POSTMARKING
OF
OVERSEAS
VOTING
MATERIALS.—Sub-
section (g)(2) of such section is amended by adding at the end
the following: ‘‘The Secretary shall, to the maximum extent prac-
ticable, implement measures to ensure that a postmark or other
official proof of mailing date is provided on each absentee ballot
collected at any overseas location or vessel at sea whenever the
Department of Defense is responsible for collecting mail for return
shipment to the United States. The Secretary shall ensure that
the measures implemented under the preceding sentence do not
result in the delivery of absentee ballots to the final destination
of such ballots after the date on which the election for Federal
office is held. Not later than the date that is 6 months after
the date of the enactment of the Help America Vote Act of 2002,
the Secretary shall submit to Congress a report describing the
measures to be implemented to ensure the timely transmittal and
postmarking of voting materials and identifying the persons respon-
sible for implementing such measures.’’.
(c) PROVIDING NOTICE OF DEADLINES AND REQUIREMENTS.—
Such section is amended by adding at the end the following new
subsection:
‘‘(h) NOTICE OF DEADLINES AND REQUIREMENTS.—The Secretary
of each military department, utilizing the voting assistance officer
network established for each military installation, shall, to the
maximum extent practicable, provide notice to members of the
Armed Forces stationed at that installation of the last date before
a general Federal election for which absentee ballots mailed from
a postal facility located at that installation can reasonably be
expected to be timely delivered to the appropriate State and local
election officials.’’.
(d) REGISTRATION AND VOTING INFORMATION FOR MEMBERS AND
DEPENDENTS.—Such section is further amended by adding at the
end the following new subsection:
‘‘(i) REGISTRATION AND VOTING INFORMATION FOR MEMBERS AND
DEPENDENTS.—(1) The Secretary of each military department, using
a variety of means including both print and electronic media, shall,
H. R. 3295—58
to the maximum extent practicable, ensure that members of the
Armed Forces and their dependents who are qualified to vote have
ready access to information regarding voter registration require-
ments and deadlines (including voter registration), absentee ballot
application requirements and deadlines, and the availability of
voting assistance officers to assist members and dependents to
understand and comply with these requirements.
‘‘(2) The Secretary of each military department shall make
the national voter registration form prepared for purposes of the
Uniformed and Overseas Citizens Absentee Voting Act by the Fed-
eral Election Commission available so that each person who enlists
shall receive such form at the time of the enlistment, or as soon
thereafter as practicable.
‘‘(3) Where practicable, a special day or days shall be designated
at each military installation for the purpose of informing members
of the Armed Forces and their dependents of election timing, reg-
istration requirements, and voting procedures.’’.
SEC. 702. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE
INFORMATION 
ON 
REGISTRATION 
AND 
ABSENTEE
BALLOTS FOR ALL VOTERS IN STATE.
Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff–1) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Each State’’;
and
(2) by adding at the end the following new subsection:
‘‘(b) DESIGNATION
OF
SINGLE
STATE
OFFICE
TO
PROVIDE
INFORMATION
ON REGISTRATION
AND ABSENTEE BALLOT PROCE-
DURES FOR ALL VOTERS IN STATE.—
‘‘(1) IN GENERAL.—Each State shall designate a single office
which shall be responsible for providing information regarding
voter registration procedures and absentee ballot procedures
to be used by absent uniformed services voters and overseas
voters with respect to elections for Federal office (including
procedures relating to the use of the Federal write-in absentee
ballot) to all absent uniformed services voters and overseas
voters who wish to register to vote or vote in any jurisdiction
in the State.
‘‘(2) RECOMMENDATION
REGARDING
USE
OF
OFFICE
TO
ACCEPT AND PROCESS MATERIALS.—Congress recommends that
the State office designated under paragraph (1) be responsible
for carrying out the State’s duties under this Act, including
accepting valid voter registration applications, absentee ballot
applications, and absentee ballots (including Federal write-in
absentee ballots) from all absent uniformed services voters
and overseas voters who wish to register to vote or vote in
any jurisdiction in the State.’’.
SEC. 703. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND
RECEIVED AFTER GENERAL ELECTIONS.
(a) IN GENERAL.—Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended
by section 702, is amended by adding at the end the following
new subsection:
‘‘(c) REPORT ON NUMBER OF ABSENTEE BALLOTS TRANSMITTED
AND RECEIVED.—Not later than 90 days after the date of each
regularly scheduled general election for Federal office, each State
and unit of local government which administered the election shall
H. R. 3295—59
(through the State, in the case of a unit of local government)
submit a report to the Election Assistance Commission (established
under the Help America Vote Act of 2002) on the combined number
of absentee ballots transmitted to absent uniformed services voters
and overseas voters for the election and the combined number
of such ballots which were returned by such voters and cast in
the election, and shall make such report available to the general
public.’’.
(b) DEVELOPMENT OF STANDARDIZED FORMAT FOR REPORTS.—
The Election Assistance Commission, working with the Election
Assistance Commission Board of Advisors and the Election Assist-
ance Commission Standards Board, shall develop a standardized
format for the reports submitted by States and units of local govern-
ment under section 102(c) of the Uniformed and Overseas Citizens
Absentee Voting Act (as added by subsection (a)), and shall make
the format available to the States and units of local government
submitting such reports.
SEC. 704. EXTENSION OF PERIOD COVERED BY SINGLE ABSENTEE
BALLOT APPLICATION.
Section 104(a) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff–1), as amended by section 1606(b)
of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107–107; 115 Stat. 1279), is amended by striking
‘‘during that year,’’ and all that follows and inserting the following:
‘‘through the next 2 regularly scheduled general elections for Fed-
eral office (including any runoff elections which may occur as a
result of the outcome of such general elections), the State shall
provide an absentee ballot to the voter for each such subsequent
election.’’.
SEC. 705. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER
UNIFORMED 
AND 
OVERSEAS 
CITIZENS 
ABSENTEE
VOTING ACT.
(a) EDUCATING
ELECTION
OFFICIALS
ON
RESPONSIBILITIES
UNDER ACT.—Section 101(b)(1) of the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff(b)(1)) is amended by
striking the semicolon at the end and inserting the following: ‘‘,
and ensure that such officials are aware of the requirements of
this Act;’’.
(b) DEVELOPMENT OF STANDARD OATH FOR USE WITH MATE-
RIALS.—
(1) IN GENERAL.—Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended—
(A) by striking ‘‘and’’ at the end of paragraph (5);
(B) by striking the period at the end of paragraph
(6) and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(7) prescribe a standard oath for use with any document
under this title affirming that a material misstatement of fact
in the completion of such a document may constitute grounds
for a conviction for perjury.’’.
(2) REQUIRING STATES TO USE STANDARD OATH.—Section
102(a) of such Act (42 U.S.C. 1973ff–1(b)), as amended by
section 702, is amended—
(A) by striking ‘‘and’’ at the end of paragraph (3);
(B) by striking the period at the end of paragraph
(4) and inserting ‘‘; and’’; and
H. R. 3295—60
(C) by adding at the end the following new paragraph:
‘‘(5) if the State requires an oath or affirmation to accom-
pany any document under this title, use the standard oath
prescribed 
by 
the 
Presidential 
designee 
under 
section
101(b)(7).’’.
(c) PROVIDING STATISTICAL ANALYSIS OF VOTER PARTICIPATION
FOR BOTH OVERSEAS VOTERS AND ABSENT UNIFORMED SERVICES
VOTERS.—Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is
amended by striking ‘‘a general assessment’’ and inserting ‘‘a sepa-
rate statistical analysis’’.
SEC. 706. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND
ABSENTEE BALLOT APPLICATIONS ON GROUNDS OF
EARLY SUBMISSION.
(a) IN GENERAL.—Section 104 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff–3), as amended
by section 1606(b) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1279), is amended
by adding at the end the following new subsection:
‘‘(e) PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS
OF EARLY SUBMISSION.—A State may not refuse to accept or process,
with respect to any election for Federal office, any otherwise valid
voter registration application or absentee ballot application
(including the postcard form prescribed under section 101) sub-
mitted by an absent uniformed services voter during a year on
the grounds that the voter submitted the application before the
first date on which the State otherwise accepts or processes such
applications for that year submitted by absentee voters who are
not members of the uniformed services.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to elections for Federal office that occur
after January 1, 2004.
SEC. 707. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF
OVERSEAS AND ABSENT UNIFORMED SERVICES VOTERS.
Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff–1), as amended by the preceding
provisions of this title, is amended by adding at the end the fol-
lowing new subsection:
‘‘(d) REGISTRATION NOTIFICATION.—With respect to each absent
uniformed services voter and each overseas voter who submits
a voter registration application or an absentee ballot request, if
the State rejects the application or request, the State shall provide
the voter with the reasons for the rejection.’’.
TITLE VIII—TRANSITION PROVISIONS
Subtitle A—Transfer to Commission of
Functions Under Certain Laws
SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) TRANSFER OF FUNCTIONS OF OFFICE OF ELECTION ADMINIS-
TRATION
OF FEDERAL ELECTION COMMISSION.—There are trans-
ferred to the Election Assistance Commission established under
section 201 all functions which the Office of Election Administration,
H. R. 3295—61
established within the Federal Election Commission, exercised
before the date of the enactment of this Act.
(b) CONFORMING AMENDMENT.—Section 311(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended—
(1) in paragraph (8), by inserting ‘‘and’’ at the end;
(2) in paragraph (9), by striking ‘‘; and’’ and inserting
a period; and
(3) by striking paragraph (10) and the second and third
sentences.
SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) TRANSFER
OF FUNCTIONS.—There are transferred to the
Election Assistance Commission established under section 201 all
functions which the Federal Election Commission exercised under
section 9(a) of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg–7(a)) before the date of the enactment of this Act.
(b) CONFORMING AMENDMENT.—Section 9(a) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)) is amended
by striking ‘‘Federal Election Commission’’ and inserting ‘‘Election
Assistance Commission’’.
SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.
(a) PROPERTY AND RECORDS.—The contracts, liabilities, records,
property, and other assets and interests of, or made available in
connection with, the offices and functions of the Federal Election
Commission which are transferred by this subtitle are transferred
to the Election Assistance Commission for appropriate allocation.
(b) PERSONNEL.—
(1) IN GENERAL.—The personnel employed in connection
with the offices and functions of the Federal Election Commis-
sion which are transferred by this subtitle are transferred
to the Election Assistance Commission.
(2) EFFECT.—Any full-time or part-time personnel employed
in permanent positions shall not be separated or reduced in
grade or compensation because of the transfer under this sub-
section during the 1-year period beginning on the date of the
enactment of this Act.
SEC. 804. EFFECTIVE DATE; TRANSITION.
(a) EFFECTIVE DATE.—This title and the amendments made
by this title shall take effect upon the appointment of all members
of the Election Assistance Commission under section 203.
(b) TRANSITION.—With the consent of the entity involved, the
Election Assistance Commission is authorized to utilize the services
of such officers, employees, and other personnel of the entities
from which functions have been transferred to the Election Assist-
ance Commission under this title or the amendments made by
this title for such period of time as may reasonably be needed
to facilitate the orderly transfer of such functions.
(c) NO EFFECT
ON AUTHORITIES
OF OFFICE
OF ELECTION
ADMINISTRATION PRIOR TO APPOINTMENT OF MEMBERS OF COMMIS-
SION.—During the period which begins on the date of the enactment
of this Act and ends on the effective date described in subsection
(a), the Office of Election Administration of the Federal Election
Commission shall continue to have the authority to carry out any
of the functions (including the development of voluntary standards
for voting systems and procedures for the certification of voting
H. R. 3295—62
systems) which it has the authority to carry out as of the date
of the enactment of this Act.
Subtitle B—Coverage of Commission
Under Certain Laws and Programs
SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN
CIVIL SERVICE LAWS.
(a) COVERAGE UNDER HATCH ACT.—Section 7323(b)(2)(B)(i)(I)
of title 5, United States Code, is amended by inserting ‘‘or the
Election Assistance Commission’’ after ‘‘Commission’’.
(b) EXCLUSION FROM SENIOR EXECUTIVE SERVICE.—Section
3132(a)(1)(C) of title 5, United States Code, is amended by inserting
‘‘or the Election Assistance Commission’’ after ‘‘Commission’’.
SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.
(a) IN GENERAL.—Section 8G(a)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting ‘‘the Election
Assistance Commission,’’ after ‘‘Federal Election Commission,’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect 180 days after the appointment of all members
of the Election Assistance Commission under section 203.
TITLE IX—MISCELLANEOUS
PROVISIONS
SEC. 901. STATE DEFINED.
In this Act, the term ‘‘State’’ includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, and
the United States Virgin Islands.
SEC. 902. AUDITS AND REPAYMENT OF FUNDS.
(a) RECORDKEEPING REQUIREMENT.—Each recipient of a grant
or other payment made under this Act shall keep such records
with respect to the payment as are consistent with sound accounting
principles, including records which fully disclose the amount and
disposition by such recipient of funds, the total cost of the project
or undertaking for which such funds are used, and the amount
of that portion of the cost of the project or undertaking supplied
by other sources, and such other records as will facilitate an effective
audit.
(b) AUDITS AND EXAMINATIONS.—
(1) AUDITS
AND
EXAMINATIONS.—Except as provided in
paragraph (5), each office making a grant or other payment
under this Act, or any duly authorized representative of such
office, may audit or examine any recipient of the grant or
payment and shall have access for the purpose of audit and
examination to any books, documents, papers, and records of
the recipient which in the opinion of the entity may be related
or pertinent to the grant or payment.
(2) RECIPIENTS OF ASSISTANCE SUBJECT TO PROVISIONS OF
SECTION.—The provisions of this section shall apply to all recipi-
ents of grants or other payments under this Act, whether
by direct grant, cooperative agreement, or contract under this
H. R. 3295—63
Act or by subgrant or subcontract from primary grantees or
contractors under this Act.
(3) MANDATORY AUDIT.—In addition to audits conducted
pursuant to paragraph (1), all funds provided under this Act
shall be subject to mandatory audit by the Comptroller General
at least once during the lifetime of the program involved. For
purposes of an audit under this paragraph, the Comptroller
General shall have access to books, documents, papers, and
records of recipients of funds in the same manner as the office
making the grant or payment involved has access to such
books, documents, papers, and records under paragraph (1).
(4) SPECIAL
RULE
FOR
PAYMENTS
BY
GENERAL
SERVICES
ADMINISTRATION.—With respect to any grant or payment made
under this Act by the Administrator of General Services, the
Election Assistance Commission shall be deemed to be the
office making the grant or payment for purposes of this section.
(5) SPECIAL RULE.—In the case of grants or payments made
under section 251, audits and examinations conducted under
paragraph (1) shall be performed on a regular basis (as deter-
mined by the Commission).
(6) SPECIAL RULES FOR AUDITS BY THE COMMISSION.—In
addition to the audits described in paragraph (1), the Election
Assistance Commission may conduct a special audit or special
examination of a recipient described in paragraph (1) upon
a vote of the Commission.
(c) RECOUPMENT OF FUNDS.—If the Comptroller General deter-
mines as a result of an audit conducted under subsection (b) that—
(1) a recipient of funds under this Act is not in compliance
with each of the requirements of the program under which
the funds are provided; or
(2) an excess payment has been made to the recipient
under the program,
the recipient shall pay to the office which made the grant or
payment involved a portion of the funds provided which reflects
the proportion of the requirements with which the recipient is
not in compliance, or the extent to which the payment is in excess,
under the program involved.
SEC. 903. CLARIFICATION OF ABILITY OF ELECTION OFFICIALS TO
REMOVE REGISTRANTS FROM OFFICIAL LIST OF VOTERS
ON GROUNDS OF CHANGE OF RESIDENCE.
Section 8(b)(2) of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg–6(b)(2)) is amended by striking the period at
the end and inserting the following: ‘‘, except that nothing in this
paragraph may be construed to prohibit a State from using the
procedures described in subsections (c) and (d) to remove an indi-
vidual from the official list of eligible voters if the individual—
‘‘(A) has not either notified the applicable registrar
(in person or in writing) or responded during the period
described in subparagraph (B) to the notice sent by the
applicable registrar; and then
‘‘(B) has not voted or appeared to vote in 2 or more
consecutive general elections for Federal office.’’.