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termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
DECEMBER 10, 2001
Additional sponsors: Mrs. BIGGERT, Mr. BURR of North Carolina, Mr. FER-
GUSON, Mr. GIBBONS, Mr. GILMAN, Mr. HOBSON, Mr. ISAKSON, Mr.
KENNEDY of Minnesota, Mr. KIRK, Mr. MCHUGH, Mr. RAMSTAD, Mr.
WALSH, Mr. WELLER, Mr. WICKER, Mr. ABERCROMBIE, Mr. BALDACCI,
Mr. BENTSEN, Ms. BERKLEY, Mr. BERMAN, Mr. BISHOP, Mr.
BLAGOJEVICH, Mr. BORSKI, Mr. BOSWELL, Mr. BOYD, Mr. BRADY of
Pennsylvania, Ms. CARSON of Indiana, Mr. CLAY, Mr. CLYBURN, Ms.
DEGETTE, Mr. DEUTSCH, Mr. DICKS, Mr. DOOLEY of California, Mr.
ENGEL, Ms. ESHOO, Mr. FORD, Mr. FROST, Mr. GORDON, Mr. GREEN
of Texas, Ms. HOOLEY of Oregon, Mr. INSLEE, Mr. ISRAEL, Mr. JEF-
FERSON, Mr. JOHN, Mr. KENNEDY of Rhode Island, Mr. KILDEE, Mr.
LANTOS, Mr. LARSON of Connecticut, Mr. LIPINSKI, Mrs. LOWEY, Mrs.
MALONEY of New York, Mr. MASCARA, Ms. MCCOLLUM, Mr. MORAN of
Virginia, Mr. OBERSTAR, Mr. PASTOR, Mr. ROTHMAN, Mr. SANDERS,
Ms. SCHAKOWSKY, Mr. SHERMAN, Ms. SLAUGHTER, Mr. SMITH of Wash-
ington, Mr. STENHOLM, Mr. THOMPSON of California, Mr. TOWNS, Mr.
WEXLER, Mr. GILLMOR, Mr. OSE, Mr. PALLONE, Mr. LUTHER, Ms.
HARMAN, Mr. TIAHRT, Mr. SAWYER, Mr. ROSS, Mr. TURNER, Mr. KAN-
JORSKI, Mr. CANTOR, Ms. PRYCE
of Ohio, Mr. BOEHNER, Ms.
MILLENDER-MCDONALD, Mrs. CHRISTENSEN, Mr. LUCAS of Kentucky,
Mr. TANNER, Mr. NEAL of Massachusetts, Mr. CRAMER, Mr. SABO, Mr.
ADERHOLT, Mrs. CAPITO, Mr. DREIER, Mr. GUTKNECHT, Mr.
HAYWORTH, Mr. OTTER, Mr. SWEENEY, Mr. NADLER, Mr. MCINTYRE,
and Mr. SIMMONS
DECEMBER 10, 2001
Reported from the Committee on House Administration with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
DECEMBER 10, 2001
Referral to the Committees on the Judiciary, Science, Government Reform,
and Armed Services extended for a period ending not later than Decem-
ber 10, 2001
DECEMBER 10, 2001
The Committees on the Judiciary, Science, Government Reform, and Armed
Services discharged; committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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[For text of introduced bill, see copy of bill as introduced on November 14, 2001]
A BILL
To establish a program to provide funds to States to replace
punch card voting systems, to establish the Election As-
sistance Commission to assist in the administration of
Federal elections and to otherwise provide assistance
with the administration of certain Federal election laws
and programs, to establish minimum election administra-
tion standards for States and units of local government
with responsibility for the administration of Federal elec-
tions, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Help America Vote Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—PUNCH CARD VOTING MACHINES
Subtitle A—Replacement of Machines
Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.
Subtitle B—Enhancing Performance of Existing Systems
Sec. 111. Establishment of program.
Sec. 112. Eligibility.
Sec. 113. Amount of payment.
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Sec. 114. Audit and repayment of funds.
Subtitle C—General Provisions
Sec. 121. Authorization of appropriations.
Sec. 122. Punch card voting system defined.
TITLE II—COMMISSION
Subtitle A—Establishment and General Organization
PART 1—ELECTION ASSISTANCE COMMISSION
Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Limitation on rulemaking authority.
Sec. 207. Authorization of appropriations.
PART 2—ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD
OF ADVISORS
Sec. 211. Establishment.
Sec. 212. Duties.
Sec. 213. Membership of Standards Board.
Sec. 214. Membership of Board of Advisors.
Sec. 215. Powers of boards; no compensation for service.
Sec. 216. Status of boards and members for purposes of claims against board.
Subtitle B—Voluntary Election Standards
Sec. 221. Development of voluntary election standards.
Sec. 222. Technical standards development committee.
Sec. 223. Process for adoption of voluntary standards.
Sec. 224. Certification and testing of voting systems.
Sec. 225. Dissemination of information.
Subtitle C—Election Assistance
PART 1—ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM
IMPROVEMENTS
Sec. 231. Election fund payments to States for voting system improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.
PART 2—GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS
Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.
PART 3—PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY
Sec. 251. Pilot program.
Sec. 252. Report.
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Sec. 253. Authorization of appropriations.
PART 4—MISCELLANEOUS
Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.
TITLE III—HELP AMERICA VOTE COLLEGE PROGRAM
Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.
TITLE IV—HELP AMERICA VOTE FOUNDATION
Sec. 401. Help America Vote Foundation.
TITLE V—MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.
TITLE VI—VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS
CITIZENS
Sec. 601. Voting assistance programs.
Sec. 602. Designation of single State office to provide information on registration
and absentee ballots for all voters in State.
Sec. 603. Report on absentee ballots transmitted and received after general elec-
tions.
Sec. 604. Simplification of voter registration and absentee ballot application pro-
cedures for absent uniformed services and overseas voters.
Sec. 605. Additional duties of Presidential designee under Uniformed and Over-
seas Citizens Absentee Voting Act.
Sec. 606. Use of buildings on military installations and reserve component facili-
ties as polling places.
TITLE VII—REDUCED POSTAGE RATES FOR OFFICIAL ELECTION
MAIL
Sec. 701. Reduced postage rates for official election mail.
TITLE VIII—TRANSITION PROVISIONS
Subtitle A—Transfer to Commission of Functions Under Certain Laws
Sec. 801. Federal Election Campaign Act of 1971.
Sec. 802. National Voter Registration Act of 1993.
Sec. 803. Transfer of property, records, and personnel.
Sec. 804. Effective date; transition.
Subtitle B—Coverage of Commission Under Certain Laws and Programs
Sec. 811. Treatment of Commission personnel under certain civil service laws.
Sec. 812. Coverage under Inspector General Act of 1978.
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TITLE IX—MISCELLANEOUS PROVISIONS
Sec. 901. State defined.
Sec. 902. Miscellaneous provisions to protect integrity of election process.
Sec. 903. No effect on other laws.
TITLE I—PUNCH CARD VOTING
MACHINES
Subtitle A—Replacement of
Machines
SEC. 101. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Administrator of Gen-
eral Services (hereafter in this title referred to as the ‘‘Ad-
ministrator’’) shall establish a program under which the
Administrator shall make a one-time payment to each eligi-
ble State or unit of local government which used a punch
card voting system to administer the regularly scheduled
general election for Federal office held in November 2000.
(b) USE OF FUNDS.—A State or unit of local govern-
ment shall use the funds provided under a payment under
this subtitle (either directly or as reimbursement) to replace
its punch card voting system with a voting system which
does not use punch cards (by purchase, lease, or such other
arrangement as may be appropriate).
(c) DEADLINE.—
(1) IN GENERAL.—A State or unit of local gov-
ernment receiving a payment under the program
under this subtitle shall—
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(A) obligate the funds provided for the uses
described in subsection (b) not later than the
date of the regularly scheduled general election
for Federal office to be held in November 2002;
and
(B) ensure that all of the punch card voting
systems under its jurisdiction have been replaced
in time for the regularly scheduled general elec-
tion for Federal office to be held in November
2004.
(2) WAIVER.—If a State or unit of local govern-
ment provides the Election Assistance Commission
(established under section 201) (not later than the
date of the regularly scheduled general election for
Federal office to be held in November 2002) with a
notice that the State or unit will not meet the dead-
lines described in paragraph (1) and includes in the
notice the reasons for the failure to meet such dead-
lines, and the Commission finds that there is good
cause for the failure to meet such deadlines, para-
graph (1) shall apply to the State or unit as if—
(A) the reference in paragraph (1)(A) to
‘‘November 2002’’ were a reference to ‘‘November
2004’’; and
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(B) the reference in paragraph (1)(B) to
‘‘November 2004’’ were a reference to ‘‘November
2006’’.
SEC. 102. ELIGIBILITY.
(a) STATES.—A State is eligible to receive a payment
under the program under this subtitle if it submits to the
Administrator an application not later than 120 days after
the date of the enactment of this Act (in such form as the
Administrator may require) which contains—
(1) assurances that the State will use the pay-
ment (either directly or as reimbursement) to replace
punch card voting systems in jurisdictions within the
State which used such systems to carry out the gen-
eral Federal election held in November 2000;
(2) assurances that in replacing punch card vot-
ing systems the State will continue to meets its duties
under the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.) and the
Americans With Disabilities Act;
(3) assurances that in replacing punch card vot-
ing systems the State will provide for alternative lan-
guage accessibility for individuals with limited
English proficiency, consistent with the requirements
of the Voting Rights Act of 1965 and any other appli-
cable provisions of law; and
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(4) such other information and assurances as the
Administrator may require which are necessary for
the administration of the program.
(b) UNIT OF LOCAL GOVERNMENT.—A unit of local
government is eligible to receive a payment under the pro-
gram 
under 
this 
subtitle 
if 
it 
submits 
to 
the
Administrator—
(1) not later than the date of the regularly sched-
uled general election for Federal office to be held in
November 2002, a statement of its intent to partici-
pate in the program, including assurances that the
State in which the unit is located—
(A) failed to submit an application under
subsection (a) within the deadline specified
under such subsection,
(B) is otherwise not eligible to receive a
payment under the program, or
(C) will not use the payment to replace
punch card voting systems in the unit; and
(2) an application (at such time and in such
form as the Administrator may require) which con-
tains similar assurances to those required to be pro-
vided by a State in its application under subsection
(a).
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SEC. 103. AMOUNT OF PAYMENT.
(a) IN GENERAL.—The amount of payment made to
a State or unit of local government under the program
under this subtitle shall be equal to the applicable per pre-
cinct matching rate of the cost to the State or unit (as the
case may be) of replacing the punch card voting systems
used in each precinct in the State or unit (as the case may
be), except that in no case may the amount of the payment
exceed the product of—
(1) the number of voting precincts administered
by the State or unit which used a punch card voting
system to carry out the general Federal election held
in November 2000; and
(2) $6,000.
(b) APPLICABLE PER PRECINCT MATCHING RATE DE-
FINED.—In subsection (a), the ‘‘applicable per precinct
matching rate’’ is—
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose
average per capita income is within the lowest quar-
tile of average per capita incomes for all precincts in
the United States (as determined by the 2000 decen-
nial census).
SEC. 104. AUDIT AND REPAYMENT OF FUNDS.
(a) AUDIT.—Funds provided under the program under
this subtitle shall be subject to audit by the Administrator.
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(b) REPAYMENT
FOR FAILURE TO MEET DEAD-
LINES.—If a State or unit of local government (as the case
may be) receiving funds under the program under this sub-
title fails to meet the deadlines applicable to the State or
unit under section 101(c), the State or unit shall pay to
the Administrator an amount equal to the amount of the
funds provided to the State or unit under the program.
SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this subtitle, a ‘‘punch card voting sys-
tem’’ means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
Subtitle B—Enhancing
Performance of Existing Systems
SEC. 111. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Administrator shall
establish a program under which the Administrator shall
make a one-time payment to each eligible State or unit of
local government which used a punch card voting system
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to administer the regularly scheduled general election for
Federal office held in November 2000.
(b) USE OF FUNDS.—A State or unit of local govern-
ment shall use the funds provided under a payment under
this subtitle (either directly or as reimbursement) to make
technical enhancements to the performance of its punch
card voting system (by any arrangement as may be appro-
priate).
(c) DEADLINE.—
(1) IN GENERAL.—A State or unit of local gov-
ernment receiving a payment under the program
under this subtitle shall—
(A) obligate the funds provided for the uses
described in subsection (b) not later than the
date of the regularly scheduled general election
for Federal office to be held in November 2002;
and
(B) ensure that technical enhancements
have been made to the performance of all of the
punch card voting systems under its jurisdiction
in time for the regularly scheduled general elec-
tion for Federal office to be held in November
2004.
(2) WAIVER.—If a State or unit of local govern-
ment provides the Election Assistance Commission
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(established under section 201) (not later than the
date of the regularly scheduled general election for
Federal office to be held in November 2002) with a
notice that the State or unit will not meet the dead-
lines described in paragraph (1) and includes in the
notice the reasons for the failure to meet such dead-
lines, and the Commission finds that there is good
cause for the failure to meet such deadlines, para-
graph (1) shall apply to the State or unit as if—
(A) the reference in paragraph (1)(A) to
‘‘November 2002’’ were a reference to ‘‘November
2004’’; and
(B) the reference in paragraph (1)(B) to
‘‘November 2004’’ were a reference to ‘‘November
2006’’.
SEC. 112. ELIGIBILITY.
(a) STATES.—Subject to subsection (c), a State is eligi-
ble to receive a payment under the program under this sub-
title if it submits to the Administrator an application not
later than 120 days after the date of the enactment of this
Act (in such form as the Administrator may require) which
contains—
(1) assurances that the State will use the pay-
ment (either directly or as reimbursement) to make
technical enhancements to the performance of punch
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card voting systems in jurisdictions within the State
which used such systems to carry out the general Fed-
eral election held in November 2000;
(2) assurances that in enhancing the perform-
ance of such voting systems the State will continue to
meets its duties under the Voting Accessibility for the
Elderly and Handicapped Act (42 U.S.C. 1973ee et
seq.) and the Americans With Disabilities Act; and
(3) such other information and assurances as the
Administrator may require which are necessary for
the administration of the program.
(b) UNITS OF LOCAL GOVERNMENT.—Subject to sub-
section (c), a unit of local government is eligible to receive
a payment under the program under this subtitle if it sub-
mits to the Administrator—
(1) not later than the date of the regularly sched-
uled general election for Federal office to be held in
November 2002, a statement of its intent to partici-
pate in the program, including assurances that the
State in which the unit is located—
(A) failed to submit an application under
subsection (a) within the deadline specified
under such subsection,
(B) is otherwise not eligible to receive a
payment under the program, or
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(C) will not use the payment to enhance the
performance of punch card voting systems in the
unit; and
(2) an application (at such time and in such
form as the Administrator may require) which con-
tains similar assurances to those required to be pro-
vided by a State in its application under subsection
(a).
(c) PROHIBITING PARTICIPATION IN PUNCH CARD RE-
PLACEMENT PROGRAM.—A State or unit of local govern-
ment is not eligible to receive a payment under the program
under this subtitle if the State or unit receives a payment
under the program under subtitle A.
SEC. 113. AMOUNT OF PAYMENT.
(a) IN GENERAL.—The amount of payment made to
a State or unit of local government under the program
under this subtitle shall be equal to the applicable per pre-
cinct matching rate of the cost to the State or unit (as the
case may be) of the activities to be funded with the payment
under the program in each precinct in the State or unit
(as the case may be), except that in no case may the amount
of the payment exceed the product of—
(1) the number of voting precincts administered
by the State or unit which used a punch card voting
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system to carry out the general Federal election held
in November 2000; and
(2) $2,000.
(b) APPLICABLE PER PRECINCT MATCHING RATE DE-
FINED.—In subsection (a), the ‘‘applicable per precinct
matching rate’’ is—
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose
average per capita income is within the lowest quar-
tile of average per capita incomes for all precincts in
the United States (as determined by the 2000 decen-
nial census).
SEC. 114. AUDIT AND REPAYMENT OF FUNDS.
(a) AUDIT.—Funds provided under the program under
this subtitle shall be subject to audit by the Administrator.
(b) REPAYMENT FOR FAILURE TO MEET REQUIRE-
MENTS.—If a State or unit of local government (as the case
may be) receiving funds under the program under this sub-
title fails to meet the deadlines applicable to the State or
unit under section 111(c), the State or unit shall pay to
the Administrator an amount equal to the amount of the
funds provided to the State or unit under the program.
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Subtitle C—General Provisions
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for payments under this title $400,000,000, to re-
main available until expended (subject to subsection (b)).
(b) USE OF RETURNED FUNDS AND FUNDS REMAIN-
ING UNEXPENDED FOR ELECTION FUND PAYMENTS.—
(1) IN GENERAL.—The amounts referred to in
paragraph (2) shall be transferred to the Election As-
sistance Commission (established under title II) and
used by the Commission to make Election Fund pay-
ments under part 1 of subtitle C of title II.
(2) AMOUNTS
DESCRIBED.—The amounts re-
ferred to in this paragraph are as follows:
(A) Any amounts appropriated pursuant to
the authorization under this section which re-
main unobligated as of the date of the regularly
scheduled general election for Federal office held
in November 2002.
(B) Any amounts paid to the Administrator
by a State or unit of local government under sec-
tion 104(b).
(C) Any amounts paid to the Administrator
by a State or unit of local government under sec-
tion 114(b).
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SEC. 122. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this title, a ‘‘punch card voting sys-
tem’’ means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
TITLE II—COMMISSION
Subtitle A—Establishment and
General Organization
PART 1—ELECTION ASSISTANCE COMMISSION
SEC. 201. ESTABLISHMENT.
There is hereby established as an independent entity
in the executive branch the Election Assistance Commission
(hereafter in this title referred to as the ‘‘Commission’’),
consisting of—
(1) the members appointed under this part;
(2) the Election Assistance Commission Stand-
ards Board established under part 2 (including the
Executive Board of such Board); and
(3) the Election Assistance Commission Board of
Advisors established under part 2.
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SEC. 202. DUTIES.
The Commission shall serve as a national clearing-
house and resource for the compilation of information and
review of procedures with respect to the administration of
Federal elections by—
(1) carrying out the duties described in subtitle
B (relating to voluntary election standards);
(2) carrying out the duties described in subtitle
C (relating to election assistance); and
(3) developing and carrying out the Help Amer-
ica Vote College Program under title III.
SEC. 203. MEMBERSHIP AND APPOINTMENT.
(a) MEMBERSHIP.—
(1) IN GENERAL.—The Commission shall have 4
members appointed by the President, by and with the
consent of the Senate, of whom—
(A) 1 shall be appointed from among a list
of nominees submitted by the majority leader of
the Senate;
(B) 1 shall be appointed from among a list
of nominees submitted by the minority leader of
the Senate;
(C) 1 shall be appointed from among a list
of nominees submitted by the Speaker of the
House of Representatives; and
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(D) 1 shall be appointed from among a list
of nominees submitted by the minority leader of
the House of Representatives.
(2) QUALIFICATIONS.—Each member of the Com-
mission shall have experience with or expertise in
election administration or the study of elections, ex-
cept that no individual may serve as a member of the
Commission if the individual is an officer or em-
ployee of the Federal Government at any time during
the period of service on the Commission.
(3) DATE OF APPOINTMENT.—The appointments
of the members of the Commission shall be made not
later than 30 days after the date of enactment of this
Act.
(b) TERM OF SERVICE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), members shall serve for a term of
4 years and may be reappointed for not more than
one additional term.
(2) TERMS
OF
INITIAL
APPOINTEES.—As des-
ignated by the President at the time of appointment,
of the members first appointed—
(A) 2 of the members (not more than 1 of
whom may be affiliated with the same political
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party) shall be appointed for a term of 2 years;
and
(B) 2 of the members (not more than 1 of
whom may be affiliated with the same political
party) shall be appointed for a term of 4 years.
(3) VACANCIES.—
(A) IN GENERAL.—A vacancy on the Com-
mission shall be filled in the manner in which
the original appointment was made and shall be
subject to any conditions which applied with re-
spect to the original appointment.
(B) EXPIRED
TERMS.—A member of the
Commission may serve on the Commission after
the expiration of the member’s term until the
successor of such member has taken office as a
member of the Commission.
(C) UNEXPIRED
TERMS.—An individual
chosen to fill a vacancy shall be appointed for
the unexpired term of the member replaced.
(c) CHAIR AND VICE CHAIR.—The Commission shall
select a chair and vice chair from among its members for
a term of 1 year, except that the chair and vice chair may
not be affiliated with the same political party.
(d) COMPENSATION.—
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(1) IN GENERAL.—Members of the Commission
shall each be paid at an annual rate equal to
$30,000.
(2) TRAVEL EXPENSES.—Members of the Com-
mission shall each receive travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the per-
formance of services for the Commission.
(3) 
OUTSIDE
EMPLOYMENT
PERMITTED.—A
member of the Commission may hold any other office
or employment not inconsistent or in conflict with the
member’s duties, responsibilities, and powers as a
member of the Commission.
SEC. 204. STAFF.
(a) EXECUTIVE DIRECTOR AND OTHER STAFF.—
(1) IN GENERAL.—The Commission shall have
an Executive Director, who shall be paid at a rate
not to exceed the rate of basic pay for level V of the
Executive Schedule.
(2) TERM OF SERVICE FOR EXECUTIVE DIREC-
TOR.—Except as provided in paragraph (3)(C), the
Executive Director shall serve for a term of 4 years.
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An Executive Director may be reappointed for addi-
tional terms.
(3) PROCEDURE FOR APPOINTMENT.—
(A) IN GENERAL.—When a vacancy exists
in the position of the Executive Director, the
Election 
Assistance 
Commission 
Standards
Board and the Election Assistance Commission
Board of Advisors (described in part 2) shall
each appoint a search committee to recommend
not fewer than 3 nominees for the position.
(B) REQUIRING CONSIDERATION OF NOMI-
NEES.—Except as provided in subparagraph (C),
the Commission shall consider the nominees rec-
ommended by the Standards Board and the
Board of Advisors in appointing the Executive
Director.
(C) SPECIAL RULES FOR FIRST EXECUTIVE
DIRECTOR.—
(i) CONVENING
OF
SEARCH
COMMIT-
TEES.—The Standards Board and the
Board of Advisors shall each appoint a
search committee and recommend nominees
for the position of Executive Director in ac-
cordance with subparagraph (A) as soon as
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practicable after the appointment of their
members.
(ii) INTERIM INITIAL APPOINTMENT.—
Notwithstanding subparagraph (B), the
Commission may appoint an individual to
serve as the first Executive Director prior to
the recommendation of nominees for the po-
sition by the Standards Board or the Board
of Advisors, except that such individual’s
term of service may not exceed 6 months.
Nothing in the previous sentence may be
construed to prohibit the individual serving
as the first Executive Director from serving
any additional term.
(4) OTHER STAFF.—Subject to rules prescribed
by the Commission, the Executive Director may ap-
point and fix the pay of such additional personnel as
the Executive Director considers appropriate.
(5) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Executive Director and staff of the Com-
mission may be appointed without regard to the pro-
visions of title 5, United States Code, governing ap-
pointments in the competitive service, and may be
paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating
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to classification and General Schedule pay rates, ex-
cept that an individual so appointed may not receive
pay in excess of the annual rate of basic pay for level
V of the Executive Schedule.
(b) EXPERTS AND CONSULTANTS.—Subject to rules
prescribed by the Commission, the Executive Director may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, with the approval
of a majority of the members of the Commission.
(c) STAFF OF FEDERAL AGENCIES.—Upon request of
the Chair, the head of any Federal department or agency
may detail, on a reimbursable basis, any of the personnel
of that department or agency to the Commission to assist
it in carrying out its duties under this Act.
(d) ARRANGING FOR ASSISTANCE FOR BOARD OF AD-
VISORS AND STANDARDS BOARD.—At the request of the
Election Assistance Commission Board of Advisors or the
Election Assistance Commission Standards Board estab-
lished under part 2, the Executive Director shall enter into
such arrangements as the Executive Director considers ap-
propriate to make personnel available to assist the Boards
with carrying out their duties under this title (including
contracts with private individuals for providing temporary
personnel services or the temporary detailing of personnel
of the Commission).
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(e) CONSULTATION WITH BOARD OF ADVISORS AND
STANDARDS BOARD ON CERTAIN MATTERS.—In preparing
the program goals, long-term plans, mission statements,
and related matters for the Commission, the Executive Di-
rector and staff of the Commission shall consult with the
Election Assistance Commission Board of Advisors and the
Election Assistance Commission Standards Board estab-
lished under part 2.
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 ad-
visable to carry out this Act. The Commission may admin-
ister oaths and affirmations to witnesses appearing before
the Commission.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out this Act. Upon request of the
Chair of the Commission, the head of such department 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
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same conditions as other departments and agencies of the
Federal Government.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Chair of the Commission, the Administrator
of General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services that
are necessary to enable the Commission to carry out its du-
ties under this Act.
(e) CONTRACTS.—The Commission may contract with
and compensate 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. LIMITATION ON RULEMAKING AUTHORITY.
The Commission shall not have any authority to issue
any rule, promulgate any regulation, or take any other ac-
tion which imposes any requirement on any State or unit
of local government, except to the extent permitted under
the National Voter Registration Act of 1993.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
In addition to the amounts authorized for payments
and grants under subtitle C and the amounts authorized
to be appropriated for the program under section 303, there
are authorized to be appropriated for each of the fiscal years
2002 through 2004 such sums as may be necessary (but not
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to exceed $10,000,000 for each such year) for the Commis-
sion to carry out its duties under this title.
PART 2—ELECTION ASSISTANCE COMMISSION
STANDARDS BOARD AND BOARD OF ADVISORS
SEC. 211. ESTABLISHMENT.
There are hereby established the Election Assistance
Commission Standards Board (hereafter in this title re-
ferred to as the ‘‘Standards Board’’) and the Election As-
sistance 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 section
223, review any of the voluntary engineering and proce-
dural performance standards described in section 221(a)(1),
any of the voluntary standards described in section
221(a)(4), and any of the voluntary election management
practice standards described in section 221(a)(6) (and any
modifications to such standards) which are recommended
by the Commission under subtitle B.
SEC. 213. MEMBERSHIP OF STANDARDS BOARD.
(a) COMPOSITION.—
(1) IN GENERAL.—Subject to certification by the
chair of the Federal Election Commission under sub-
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section (b), the Standards Board shall be composed of
110 members as follows:
(A) 55 shall be the chief State election offi-
cials of each State.
(B) 55 shall be local election officials se-
lected in accordance with paragraph (2).
(2) LIST OF LOCAL ELECTION OFFICIALS.—Each
State’s local election officials shall select (under a
process supervised by the chief election official of the
State) a representative local election official from the
State for purposes of paragraph (1)(B). In the case
of the District of Columbia, Guam, and American
Samoa, the chief election official shall establish a pro-
cedure for selecting an individual to serve as a local
election official for purposes of such paragraph, 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 REP-
RESENTED.—The 2 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
APPOINTMENT.—
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(1) NOTICE TO CHAIR OF FEDERAL ELECTION
COMMISSION.—Not later than 90 days after the date
of the enactment of this Act, a State shall transmit
a notice to chair of the Federal Election Commission
containing—
(A) a statement that the chief election offi-
cial of the State agrees to serve on the Standards
Board under this title; and
(B) the name of the representative local elec-
tion official from the State selected under sub-
section (a)(2) who will 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 Commission shall publish a certifi-
cation that the chief election official and the rep-
resentative 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 Executive Board under subsection
(c).
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(4) ROLE OF COMMISSION.—Upon the appoint-
ment of the members of the Election Assistance Com-
mission, the Election Assistance Commission shall
carry out the duties of the Federal Election Commis-
sion 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 9 of its members to serve
as the Executive Board of the Standards Board, of
whom—
(A) not more than 5 may be chief State
election officials;
(B) not more than 5 may be local election
officials; and
(C) not more than 5 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—
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(A) 3 shall serve for one term;
(B) 3 shall serve for 2 consecutive terms;
and
(C) 3 shall serve for 3 consecutive terms,
as determined by lot at the time the members are first
appointed.
(4) DUTIES.—In addition to any other duties as-
signed under this title, the Executive Board of the
Standards Board may carry out such duties of the
Standards Board as the Standards Board may dele-
gate.
SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.
(a) IN GENERAL.—The Board of Advisors shall be
composed of 25 members appointed as follows:
(1) 2 members appointed by the United States
Commission on Civil Rights.
(2) 2 members appointed by the Architectural
and Transportation Barrier Compliance Board under
section 502 of the Rehabilitation Act of 1973 (29
U.S.C. 792).
(3) 2 members appointed by the National Gov-
ernors Association.
(4) 2 members appointed by the National Con-
ference of State Legislatures.
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(5) 2 members appointed by the National Asso-
ciation of Secretaries of State.
(6) 2 members appointed by the National Asso-
ciation of State Election Directors.
(7) 2 members appointed by the National Asso-
ciation of Counties.
(8) 2 members appointed by the National Asso-
ciation of County Recorders, Election Administrators,
and Clerks.
(9) 2 members appointed by the United States
Conference of Mayors.
(10) 2 members appointed by the Election Cen-
ter.
(11) 2 members appointed by the International
Association of County Recorders, Election Officials,
and Treasurers.
(12) 2 members representing professionals in the
field of science and technology, of whom 1 shall be ap-
pointed by the Speaker of the House of Representa-
tives and 1 shall be appointed by the majority leader
of the Senate (or, if the majority leader is a member
of the same political party as the Speaker, by the mi-
nority leader of the Senate).
(13) The chief of the Office of Public Integrity of
the Department of Justice, or the chief’s designee.
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(b) DIVERSITY
IN
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. Any vacancy in the Board of Advisors
shall be filled in the manner in which the original appoint-
ment 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 available 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 re-
ceive such evidence as each such Board considers ad-
visable to carry out this title, except that the Boards
may not issue subpoenas requiring the attendance
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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 purposes of voting on the standards referred
to it under section 223;
(B) in the case of the Standards Board, not
less frequently than once every 2 years for pur-
poses of selecting the Executive Board; and
(C) at such other times as it considers ap-
propriate for purposes of conducting such other
business as it considers appropriate consistent
with this title.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Standards Board and the Board of Advisors may each se-
cure 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
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same manner and under the same conditions as a depart-
ment 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 ad-
ministrative 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
Standards 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 authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Board.
SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PUR-
POSES 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 of the Standards Board, the Board of Advi-
sors, and their members for acts or omissions performed
pursuant to and in the course of the duties and responsibil-
ities of the Board.
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(b) EXCEPTION
FOR CRIMINAL ACTS
AND OTHER
WILLFUL CONDUCT.—Subsection (a) may not be construed
to limit personal liability for criminal acts or omissions,
willful or malicious misconduct, acts or omissions for pri-
vate gain, or any other act or omission outside the scope
of the service of a member of the Standards Board or the
Board of Advisors.
Subtitle B—Voluntary Election
Standards
SEC. 221. DEVELOPMENT OF VOLUNTARY ELECTION STAND-
ARDS.
(a) IN GENERAL.—The Commission shall:
(1) In accordance with section 223, develop
(through the Executive Director of the Commission),
adopt, and update (not less often than every 4 years
thereafter) voluntary engineering and procedural per-
formance standards for voting systems used in Fed-
eral elections which shall meet the following require-
ments:
(A) The scope of the standards should in-
clude security (including a documentary audit
for non-ballot systems), the procedures for certifi-
cation and decertification of software and hard-
ware, the assessment of usability, and oper-
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ational guidelines for the proper use and mainte-
nance of equipment.
(B) The standards should provide that vot-
ers have the opportunity to correct errors at the
precinct or other polling place, either within the
voting equipment itself or in the operational
guidelines to administrators for using the equip-
ment, under conditions which assure privacy to
the voter.
(C) Each voting tally system certified for
use should include as part of the certification a
proposed statement of what constitutes a proper
vote in the design and operation of the system.
(D) New voting equipment systems certified
either by the Federal government or by any State
should provide a practical and effective means
for voters with physical disabilities to cast a se-
cret ballot.
(2) Maintain a clearinghouse of information on
the experiences of State and local governments in im-
plementing the voluntary standards described in
paragraph (1) and in operating voting systems in
general.
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(3) In accordance with section 224, provide for
the voluntary testing, certification, decertification,
and recertification of voting systems.
(4) Advise States and units of local government
regarding compliance with the requirements of the
Voting Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee et seq.) and compliance with
other Federal laws regarding accessibility of registra-
tion facilities and polling places. Additionally, in ac-
cordance with section 223, the Commission shall de-
velop (through the Executive Director of the Commis-
sion), adopt, and update (not less often than every 4
years thereafter) voluntary standards for maintaining
and enhancing the accessibility and privacy of reg-
istration facilities, polling places, and voting methods
with the goal of promoting for all individuals, includ-
ing the elderly and individuals with disabilities, the
accessibility of polling places and the effective use of
voting systems and voting equipment which provide
the opportunity for casting a secure and secret ballot,
and shall include in such standards voluntary guide-
lines regarding accessibility and ease-of-use for States
and units of local government to use when obtaining
voting equipment and selecting polling places. In car-
rying out this paragraph, the Commission shall con-
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sult with the Architectural and Transportation Bar-
rier Compliance Board under section 502 of the Reha-
bilitation Act of 1973 (29 U.S.C. 792) and other indi-
viduals and entities with expertise in the accessibility
of facilities for individuals with disabilities.
(5) Make periodic studies available to the public
regarding the election administration issues described
in subsection (b), with the goal of promoting methods
of voting and administering elections which—
(A) will be the most convenient, accessible,
and easy to use for voters, including members of
the uniformed services, blind and disabled voters,
and voters with limited English proficiency;
(B) will yield the most accurate, secure, and
expeditious system for voting and tabulating
election results;
(C) will be nondiscriminatory and afford
each registered and eligible voter an equal oppor-
tunity to vote; and
(D) will be efficient and cost-effective for
use.
(6) In accordance with section 223, develop
(through the Executive Director of the Commission),
adopt, and update (not less often than every 4 years)
voluntary election management practice standards for
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State and local election officials to maintain and en-
hance the administration of Federal elections, includ-
ing standards developed in consultation with the Sec-
retary of Defense to govern the treatment of absent
uniformed services voters (as defined in section 107(1)
of the Uniformed and Overseas Citizens Absentee Vot-
ing Act) and overseas voters (as defined in section
107(5) of such Act) which will include provisions to
address each of the following:
(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.
(C) The rights of absent uniformed services
voters and overseas voters to submit absentee bal-
lot applications early during an election year.
(D) The appropriate pre-election deadline
for mailing absentee ballots to absent uniformed
services voters and overseas voters.
(E) The appropriate minimum period be-
tween the mailing of absentee ballots to absent
uniformed services voters and overseas voters and
the deadline for receipt of such ballots.
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(F) The timely transmission of balloting
materials to absent uniformed services voters and
overseas voters.
(G) Security and privacy concerns in the
transmission, receipt, and processing of ballots
from absent uniformed services voters and over-
seas voters, including the need to protect against
fraud.
(H) The use of a single application by ab-
sent uniformed services voters and overseas voters
for absentee ballots for all Federal elections oc-
curring during a year.
(I) The use of a single application for voter
registration and absentee ballots by absent uni-
formed services voters and overseas voters.
(J) The use of facsimile machines and elec-
tronic means of transmission of absentee ballot
applications and absentee ballots to absent uni-
formed services voters and overseas voters.
(K) Other issues related to the rights of ab-
sent uniformed services voters and overseas voters
to participate in elections.
(7) Carry out the provisions of section 9 of the
National Voter Registration Act of 1993 (42 U.S.C.
1973gg–7) regarding mail voter registration.
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(8) Make information on the Federal election
system available to the public and the media.
(9) At the request of State officials, assist such
officials in the review of election or vote counting pro-
cedures in Federal elections, through bipartisan pan-
els of election professionals assembled by the Commis-
sion for such purpose.
(10) Compile and make available to the public
the official certified results of general elections for
Federal office and reports comparing the rates of
voter registration, voter turnout, voting system func-
tions, and ballot errors among jurisdictions in the
United States.
(11) Gather information and serve as a clearing-
house concerning issues relating to Federal, State,
and local elections.
(b) 
ELECTION
ADMINISTRATION
ISSUES
DE-
SCRIBED.—The election administration issues described in
this subsection are as follows:
(1) Current and alternate methods and mecha-
nisms of voting and counting votes in elections for
Federal office.
(2) Current and alternate ballot designs for elec-
tions for Federal office.
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(3) Current and alternate methods of voter reg-
istration, maintaining secure and accurate lists of
registered voters (including the establishment of a cen-
tralized, interactive, statewide voter registration list
linked to relevant agencies and all polling sites), and
ensuring that all registered voters appear on the poll-
ing list at the appropriate polling site.
(4) Current and alternate methods of conducting
provisional voting.
(5) Current and alternate methods of ensuring
the accessibility of voting, registration, polling places,
and voting equipment to all voters, including disabled
voters and voters with limited English proficiency.
(6) Current and alternate methods of voter reg-
istration for members of the uniformed services and
overseas voters, and methods of ensuring that such
voters receive timely ballots that will be properly and
expeditiously handled and counted.
(7) Current and alternate methods of recruiting
and improving the performance of poll workers.
(8) Federal and State laws governing the eligi-
bility of persons to vote.
(9) Current and alternate methods of educating
voters about the process of registering to vote and vot-
ing, the operation of voting mechanisms, the location
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of polling places, and all other aspects of partici-
pating in elections.
(10) Matters particularly relevant to voting and
administering elections in rural and urban areas.
(11) Conducting elections for Federal office on
different days, at different places, and during dif-
ferent hours, including the advisability of establishing
a uniform poll closing time.
(12) The ways that the Federal Government can
best assist State and local authorities to improve the
administration of elections for Federal office and
what levels of funding would be necessary to provide
such assistance.
(c) CONSULTATION WITH STANDARDS BOARD
AND
BOARD OF ADVISORS.—The Commission shall carry out its
duties under this subtitle in consultation with the Stand-
ards Board and the Board of Advisors.
SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COM-
MITTEE.
(a) ESTABLISHMENT.—There is hereby established the
Technical Standards Development Committee (hereafter in
this subtitle referred to as the ‘‘Development Committee’’).
(b) DUTIES.—
(1) IN GENERAL.—The Development Committee
shall assist the Executive Director of the Commission
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in the development of voluntary standards under this
subtitle by recommending standards (and modifica-
tions to standards) to ensure the usability, accuracy,
security, accessibility, and integrity of voting systems
and voting equipment.
(2) DEADLINE
FOR
INITIAL
SET
OF
REC-
OMMENDATIONS.—The Development Committee shall
provide its first set of recommendations under this
section to the Executive Director of the 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 In-
stitute of Standards and Technology (who shall serve
as its chair), together with a group of 14 other indi-
viduals appointed jointly by the Commission and the
Director of the National Institute of Standards and
Technology, consisting of the following:
(A) An equal number of each of the fol-
lowing:
(i) Members of the Standards Board.
(ii) Members of the Board of Advisors.
(iii) Members of the Architectural and
Transportation Barrier Compliance Board
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under section 502 of the Rehabilitation Act
of 1973 (29 U.S.C. 792).
(B) A representative of the American Na-
tional Standards Institute.
(C) Other individuals with technical and
scientific expertise relating to voting systems and
voting equipment.
(2) QUORUM.—A majority of the members of the
Development Committee shall constitute a quorum,
except that the Development Committee may not con-
duct any business prior to the appointment of all of
its members.
(d) NO COMPENSATION FOR SERVICE.—Members of the
Development 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 em-
ployees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or reg-
ular places of business in the performance of services for
the Development Committee.
(e) TECHNICAL SUPPORT FROM NATIONAL INSTITUTE
OF STANDARDS AND TECHNOLOGY.—At the request of the
Development Committee, the Director of the National Insti-
tute of Standards and Technology shall provide the Develop-
ment Committee with technical support necessary for the
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Development Committee to carry out its duties under this
subtitle.
(f) PUBLICATION OF RECOMMENDATIONS IN FEDERAL
REGISTER.—At the time the Commission adopts any stand-
ard pursuant to section 223, the Development Committee
shall cause to have published in the Federal Register the
recommendations it provided under this section to the Exec-
utive Director of the Commission concerning the standard
adopted.
SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STAND-
ARDS.
(a) CONSIDERATION OF RECOMMENDATIONS OF DE-
VELOPMENT COMMITTEE; SUBMISSION OF PROPOSED VOL-
UNTARY STANDARDS TO BOARD OF ADVISORS AND STAND-
ARDS BOARD.—
(1) CONSIDERATION OF RECOMMENDATIONS OF
DEVELOPMENT COMMITTEE.—In developing standards
and modifications for purposes of this section, the Ex-
ecutive Director of the Commission shall take into
consideration the recommendations provided by the
Technical Standards Development Committee under
section 222.
(2) BOARD OF ADVISORS.—The Executive Direc-
tor of the Commission shall submit each of the vol-
untary engineering and procedural performance
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standards (described in section 221(a)(1)), each of the
voluntary standards described in section 221(a)(4),
and each of the voluntary election management prac-
tice standards (described in section 221(a)(6)) devel-
oped by the Executive Director (or any modifications
to such standards) to the Board of Advisors.
(3) STANDARDS BOARD.—The Executive Director
of the Commission shall submit each of the voluntary
engineering and procedural performance standards
(described in section 221(a)(1)), each of the voluntary
standards described in section 221(a)(4), and each of
the voluntary election management practice standards
(described in section 221(a)(6)) developed by the Ex-
ecutive Director (or any modifications to such stand-
ards) to the Executive Board of the Standards Board,
who shall review the standard (or modification) and
forward its recommendations to the Standards Board.
(b) REVIEW.—Upon receipt of a voluntary standard
described in subsection (a) (or modification of such a stand-
ard) from the Executive Director of the Commission, the
Board of Advisors and the Standards Board shall each re-
view and submit comments and recommendations regarding
the standard (or modification) to the Commission.
(c) FINAL APPROVAL.—
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(1) IN
GENERAL.—A voluntary standard de-
scribed in subsection (a) (or modification of such a
standard) shall not be considered to be finally adopt-
ed by the Commission unless the majority of the mem-
bers of the Commission vote to approve the final
adoption of the standard (or modification), taking
into consideration the comments and recommenda-
tions submitted by the Board of Advisors and the
Standards Board under subsection (b).
(2) MINIMUM PERIOD FOR CONSIDERATION OF
COMMENTS
AND
RECOMMENDATIONS.—The Commis-
sion may not vote on the final adoption of a vol-
untary standard described in subsection (a) (or modi-
fication of such a standard) until the expiration of
the 90-day period which begins on the date the Execu-
tive Director of the Commission submits the standard
(or modification) to the Board of Advisors and the
Standards Board under subsection (a).
SEC. 224. CERTIFICATION AND TESTING OF VOTING SYS-
TEMS.
(a) CERTIFICATION AND TESTING.—
(1) IN GENERAL.—The Commission shall provide
for the testing, certification, decertification, and recer-
tification of voting system hardware and software by
accredited laboratories.
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(2) OPTIONAL USE BY STATES.—At the option of
a State, the State may provide for the testing, certifi-
cation, decertification, or recertification of its voting
system hardware and software by the laboratories ac-
credited by the Commission under this section.
(b) LABORATORY ACCREDITATION.—
(1) RECOMMENDATIONS BY NATIONAL INSTITUTE
OF STANDARDS AND TECHNOLOGY.—Not later than 6
months after the Commission first adopts voluntary
engineering and procedural performance standards
under this subtitle, the Director of the National Insti-
tute 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, decertification,
and recertification provided for under this section.
(2) APPROVAL BY COMMISSION.—The Commis-
sion shall vote on the proposed accreditation of each
laboratory on the list submitted under paragraph (1),
and no laboratory may be accredited for purposes of
this section unless its accreditation is approved by a
majority vote of the members of the Commission.
(c) CONTINUING REVIEW BY NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY.—
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(1) IN GENERAL.—In cooperation with the Com-
mission 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 per-
formance of the laboratories accredited by the Com-
mission under this section, and shall make such rec-
ommendations to the Commission as it considers ap-
propriate with respect to the continuing accreditation
of such laboratories, including recommendations to re-
voke the accreditation of any such laboratory.
(2) APPROVAL BY COMMISSION REQUIRED FOR
REVOCATION.—The accreditation of a laboratory for
purposes of this section may not be revoked unless the
revocation is approved by a majority vote of the mem-
bers of the Commission.
SEC. 225. DISSEMINATION OF INFORMATION.
On an ongoing basis, the Commission shall dissemi-
nate to the public (through the Internet, published reports,
and such other methods as the Commission considers appro-
priate) information on the activities carried out under this
subtitle, including—
(1) the voluntary election standards adopted by
the Commission, together with guidelines for applying
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the standards and other information to assist in their
implementation;
(2) the list of laboratories accredited to carry out
testing, certification, decertification, and recertifi-
cation of voting system hardware and software under
section 224; and
(3) a list of voting system hardware and soft-
ware products which have been certified pursuant to
section 224 as meeting the applicable voluntary
standards adopted by the Commission under this sub-
title.
Subtitle C—Election Assistance
PART 1—ELECTION FUND PAYMENTS TO STATES
FOR VOTING SYSTEM IMPROVEMENTS
SEC. 231. ELECTION FUND PAYMENTS TO STATES FOR VOT-
ING SYSTEM IMPROVEMENTS.
(a) IN GENERAL.—The Commission shall make an
Election Fund payment each year in an amount deter-
mined under section 232 to each State which meets the re-
quirements described in section 233 for the year.
(b) USE OF FUNDS.—A State receiving an Election
Fund payment shall use the payment for any or all of the
following activities:
(1) Establishing and maintaining accurate lists
of eligible voters.
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(2) Encouraging eligible voters to vote.
(3) Improving verification and identification of
voters at the polling place.
(4) Improving equipment and methods for cast-
ing and counting votes.
(5) Recruiting and training election official and
poll workers.
(6) Improving the quantity and quality of avail-
able polling places.
(7) Educating voters about their rights and re-
sponsibilities.
(8) Assuring access for voters with physical dis-
abilities.
(9) Carrying out other activities to improve the
administration of elections in the State.
(c) ADOPTION OF COMMISSION STANDARDS NOT RE-
QUIRED TO RECEIVE PAYMENT.—Nothing in this part may
be construed to require a State to implement any of the
voluntary standards adopted by the Commission with re-
spect to any matter as a condition for receiving an Election
Fund payment.
(d) SCHEDULE OF PAYMENTS.—As soon as practicable
after all members of the Commission are appointed (but in
no event later than 6 months thereafter), and not less fre-
quently than once each calendar year thereafter, the Com-
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mission shall make Election Fund payments to States
under this part.
SEC. 232. ALLOCATION OF FUNDS.
(a) IN GENERAL.—Subject to subsection (c), the
amount of an Election Fund payment made to a State for
a year shall be equal to the product of—
(1) the total amount appropriated for Election
Fund payments for the year under section 234; and
(2) the State allocation percentage for the State
(as determined under subsection (b)).
(b) STATE ALLOCATION PERCENTAGE DEFINED.—The
‘‘State allocation percentage’’ for a State is the amount (ex-
pressed as a percentage) equal to the quotient of—
(1) the voting age population of the State; and
(2) the total voting age population of all States.
(c) MINIMUM AMOUNT OF PAYMENT.—The amount of
an Election Fund payment made to a State for a year may
not be less than—
(1) in the case of any of the several States or the
District of Columbia, 1⁄2 of 1 percent of the total
amount appropriated for Election Fund payments for
the year under section 234; or
(2) in the case of the Commonwealth of Puerto
Rico, Guam, American Samoa, or the United States
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Virgin Islands, 20 percent of the amount described in
paragraph (1).
(d) CONTINUING AVAILABILITY OF FUNDS AFTER AP-
PROPRIATION.—An Election Fund payment made to a
State under this part shall be available to the State without
fiscal year limitation.
SEC. 233. CONDITIONS FOR RECEIPT OF FUNDS.
(a) IN GENERAL.—In order to receive an Election
Fund payment for a fiscal year, the chief State election offi-
cial of the State shall provide the Commission with the fol-
lowing certifications:
(1) A certification that the State has authorized
and appropriated funds for carrying out the activities
for which the Election Fund payment is made in an
amount equal to 25 percent of the total amount to be
spent for such activities (taking into account the Elec-
tion Fund payment and the amount spent by the
State).
(2) A certification that the State has set a uni-
form Statewide benchmark for voting system perform-
ance in each local jurisdiction administering elec-
tions, expressed as a percentage of residual vote in the
contest at the top of the ballot, and requires local ju-
risdictions to report data relevant to this benchmark
after each general election for Federal office.
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(3) A certification that the State is in compli-
ance with the voluntary voting system standards and
certification processes adopted by the Commission or
that the State has enacted legislation establishing its
own State voting system standards and processes
which (at a minimum) ensure that new voting mech-
anisms have the audit capacity to produce a record
for each ballot cast.
(4) A certification that—
(A) in each precinct or polling place in the
State, there is at least one voting system avail-
able which is fully accessible to individuals with
physical disabilities; and
(B) if the State uses any portion of its Elec-
tion Fund payment to obtain new voting ma-
chines, at least one voting machine in each poll-
ing place in the State will be fully accessible to
individuals with physical disabilities.
(5) A certification that the State has established
a fund described in subsection (b) for purposes of ad-
ministering its activities under this part.
(6) A certification that, in administering elec-
tion systems, the State is in compliance with the ex-
isting applicable requirements of the Voting Rights
Act of 1965 (42 U.S.C. 1973 et seq.), the National
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Voter Registration Act of 1993 (42 U.S.C. 1973gg et
seq.), the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.), and the
Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(7) A certification that the State provides for
voter education and poll worker training programs to
improve access to and participation in the electoral
process, and provides relevant training in the require-
ments of the National Voter Registration Act of 1993
for personnel of State motor vehicle authority offices
and other voter registration agencies designated by
the State under such Act.
(8) A certification that the Election Fund pay-
ment has not and will not supplant funds provided
under existing programs funded in the State for car-
rying out the activities for which the Election Fund
payment is made.
(b) REQUIREMENTS FOR ELECTION FUND.—
(1) ELECTION FUND DESCRIBED.—For purposes
of subsection (a)(5), a fund described in this sub-
section with respect to a State is a fund which is es-
tablished in the treasury of the State government,
which is used in accordance with paragraph (2), and
which consists of the following amounts:
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(A) Amounts appropriated or otherwise
made available by the State for carrying out the
activities for which the Election Fund payment
is made to the State under this part.
(B) The Election Fund payment made to
the State under this part.
(C) Such other amounts as may be appro-
priated 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 ac-
tivities for which the Election Fund payment is made
to the State under this part.
(c) METHODS OF COMPLIANCE LEFT TO DISCRETION
OF STATE.—The specific choices on the methods of com-
plying with the requirements described in subsection (a)
shall be left to the discretion of the State.
(d) CHIEF STATE ELECTION OFFICIAL DEFINED.—In
this subtitle, the ‘‘chief State election official’’ of a State
is the individual designated by the State under section 10
of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg–8) to be responsible for coordination of the State’s
responsibilities under such Act.
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SEC. 234. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for Election
Fund payments under this part an aggregate amount of
$2,250,000,000 for fiscal years 2002 through 2004.
PART 2—GRANTS FOR RESEARCH ON VOTING
TECHNOLOGY IMPROVEMENTS
SEC. 241. GRANTS FOR RESEARCH ON VOTING TECH-
NOLOGY IMPROVEMENTS.
(a) IN GENERAL.—The Commission shall make grants
to assist entities in carrying out research and development
to improve the quality, reliability, accuracy, accessibility,
affordability, and security of voting equipment, election sys-
tems, and voting technology.
(b) ELIGIBILITY.—An entity is eligible to receive a
grant under this part if it submits to the Commission (at
such time and in such form as the Commission may re-
quire) an application containing—
(1) assurances that the research and development
funded with the grant will take into account the need
to make voting equipment fully accessible for individ-
uals with disabilities (including blind individuals),
the need to ensure that such individuals can vote
independently and with privacy, and the need to pro-
vide alternative language accessibility for individuals
with limited proficiency in the English language
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(consistent with the requirements of the Voting Rights
Act of 1965); and
(2) such other information and assurances as the
Commission may require.
(c) APPLICABILITY OF REGULATIONS GOVERNING PAT-
ENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSIST-
ANCE.—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 (re-
lating to patent rights in inventions made with Federal as-
sistance).
SEC. 242. REPORT.
(a) IN GENERAL.—Each entity which receives a grant
under this part shall submit to the Commission, Congress,
and the President a report describing the activities carried
out with the funds provided under the grant.
(b) DEADLINE.—An entity shall submit a report re-
quired under subsection (a) not later than 60 days after
the end of the fiscal year for which the entity received the
grant which is the subject of the report.
SEC. 243. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants
under this part $20,000,000 for fiscal year 2002.
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PART 3—PILOT PROGRAM FOR TESTING OF
EQUIPMENT AND TECHNOLOGY
SEC. 251. PILOT PROGRAM.
(a) IN GENERAL.—The Commission shall make grants
to carry out pilot programs under which new technologies
in voting systems and equipment are implemented on a
trial basis.
(b) ELIGIBILITY.—An entity is eligible to receive a
grant under this part if it submits to the Commission (at
such time and in such form as the Commission may re-
quire) an application containing—
(1) assurances that the pilot programs funded
with the grant will take into account the need to
make voting equipment fully accessible for individuals
with disabilities (including blind individuals), the
need to ensure that such individuals can vote inde-
pendently and with privacy, and the need to provide
alternative language accessibility for individuals with
limited proficiency in the English language (con-
sistent with the requirements of the Voting Rights Act
of 1965); and
(2) such other information and assurances as the
Commission may require.
SEC. 252. REPORT.
(a) IN GENERAL.—Each entity which receives a grant
under this part shall submit to the Commission, Congress,
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and the President a report describing the activities carried
out with the funds provided under the grant.
(b) DEADLINE.—An entity shall submit a report re-
quired under subsection (a) not later than 60 days after
the end of the fiscal year for which the entity received the
grant which is the subject of the report.
SEC. 253. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants
under this part $10,000,000 for fiscal year 2002.
PART 4—MISCELLANEOUS
SEC. 261. ROLE OF NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY.
(a) RECOMMENDATION
OF TOPICS
FOR RESEARCH
UNDER VOTING RESEARCH GRANTS
AND PILOT PRO-
GRAMS.—The Director of the National Institute of Stand-
ards and Technology (hereafter in this section referred to
as the ‘‘Director’’) shall submit to the Commission an an-
nual list of the Director’s suggestions for issues which may
be the subject of research funded with grants awarded under
part 2 and part 3 during the year.
(b) REVIEW OF GRANT APPLICATIONS RECEIVED BY
COMMISSION.—The Commission shall submit each applica-
tion it receives for a grant under part 2 or part 3 to the
Director, who shall review the application and provide the
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Commission with such comments as the Director considers
appropriate.
(c) MONITORING AND ADJUSTMENT OF GRANT ACTIVI-
TIES.—After the Commission has awarded a grant under
part 2 or part 3, the Director shall monitor the grant and
(to the extent permitted under the terms of the grant as
awarded) may recommend to the Commission that the re-
cipient of the grant modify and adjust the activities carried
out under the grant.
(d) EVALUATION OF COMPLETED GRANTS.—
(1) IN GENERAL.—After the recipient of a grant
awarded by the Commission has completed the terms
of the grant, the Director shall prepare and submit to
the Commission an evaluation of the grant and the
activities carried out under the grant.
(2) INCLUSION IN REPORTS.—The Commission
shall include the evaluations submitted under para-
graph (1) for a year in the report submitted for the
year under section 262.
(e) INTRAMURAL RESEARCH AND DEVELOPMENT.—
The Director shall establish a program for intramural re-
search and development in areas to support the development
of voluntary technical standards for voting products and
systems, including—
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(1) the security of computers, computer networks,
and computer data storage used in voting products
and systems, including the Statewide voter registra-
tion networks required under the minimum standard
described in section 502(1);
(2) methods to detect and prevent fraud;
(3) the protection of voter privacy;
(4) the role of human factors in the design and
application of voting products and systems, including
assistive technologies for individuals with disabilities
and varying levels of literacy; and
(5) remote access voting, including voting
through the Internet.
SEC. 262. REPORTS.
(a) ANNUAL REPORTS ON ACTIVITIES.—Not later than
90 days after the end of each fiscal year, the Commission
shall submit a report to the Committee on House Adminis-
tration of the House of Representatives and the Committee
on Rules and Administration of the Senate on the activities
carried out by the Commission under this subtitle during
the previous fiscal year, and shall include in the report a
description of all applications for Election Fund payments
and grants received by the Commission during the year
under this subtitle and the disposition of such applications.
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(b) REPORT
ON HUMAN FACTOR RESEARCH.—Not
later than 1 year after the date of the enactment of this
Act, the Commission, in consultation with the Director of
the National Institute of Standards and Technology, shall
submit a report to Congress which assesses the areas of
human factor research, including usability engineering and
human-computer and human-machine interaction, which
feasibly could be applied to voting products and systems
design to ensure the usability and accuracy of voting prod-
ucts and systems, including methods to improve access for
individuals with disabilities and to reduce voter error and
the number of spoiled ballots in elections.
SEC. 263. AUDIT.
(a) IN GENERAL.—As a condition of receiving funds
under this subtitle, a State or entity described in part 2
or part 3 shall agree that such funds shall be subject to
audit if 2 or more members of the Commission vote to re-
quire an audit.
(b) MANDATORY AUDIT.—In addition to audits con-
ducted pursuant to subsection (a), all funds provided under
this subtitle shall be subject to mandatory audit at least
once during the lifetime of the programs under this subtitle.
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TITLE III—HELP AMERICA VOTE
COLLEGE PROGRAM
SEC. 301. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 1 year after the ap-
pointment of its members, the Election Assistance Commis-
sion shall develop a program to be known as the ‘‘Help
America Vote College Program’’ (hereafter in this title re-
ferred to as the ‘‘Program’’).
(b) PURPOSES OF PROGRAM.—The purpose of the Pro-
gram shall be—
(1) to encourage students enrolled at institutions
of higher education (including community colleges) to
assist State and local governments in the administra-
tion of elections by serving as nonpartisan poll work-
ers or assistants; and
(2) to encourage State and local governments to
use the services of the students participating in the
Program.
SEC. 302. ACTIVITIES UNDER PROGRAM.
(a) IN GENERAL.—In carrying out the Program, the
Commission (in consultation with the chief election official
of each State) shall develop materials, sponsor seminars and
workshops, engage in advertising targeted at students, make
grants, and take such other actions as it considers appro-
priate to meet the purposes described in section 301(b).
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(b) REQUIREMENTS
FOR GRANT RECIPIENTS.—In
making grants under the Program, the Commission shall
ensure that the funds provided are spent for projects and
activities which are carried out without partisan bias or
without promoting any particular point of view regarding
any issue, and that each recipient is governed in a 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 par-
ticipate in the Program, and shall make all necessary mate-
rials and other assistance (including materials and assist-
ance 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. 303. AUTHORIZATION OF APPROPRIATIONS.
In addition to any funds authorized to be appro-
priated to the Commission under section 207, there are au-
thorized to be appropriated to carry out this title—
(1) $5,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for each suc-
ceeding fiscal year.
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TITLE IV—HELP AMERICA VOTE
FOUNDATION
SEC. 401. HELP AMERICA VOTE FOUNDATION.
(a) IN GENERAL.—Part B of subtitle II of title 36,
United States Code, is amended by inserting after chapter
1525 the following:
‘‘CHAPTER 1526—HELP AMERICA VOTE
FOUNDATION
‘‘Sec.
‘‘152601. Organization.
‘‘152602. Purposes.
‘‘152603. Board of directors.
‘‘152604. Officers and employees.
‘‘152605. Powers.
‘‘152606. Principal office.
‘‘152607. Service of process.
‘‘152608. Annual audit.
‘‘152609. Civil action by Attorney General for equitable relief.
‘‘152610. Immunity of United States Government.
‘‘152611. Authorization of appropriations.
‘‘152612. Annual report.
‘‘§ 152601. Organization
‘‘(a) FEDERAL CHARTER.—The Help America Vote
Foundation (in this chapter, the ‘foundation’) is a federally
chartered corporation.
‘‘(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.
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‘‘§ 152602. Purposes
‘‘(a) IN GENERAL.—The purposes of the foundation
are to—
‘‘(1) mobilize secondary school students (includ-
ing students educated in the home) in the United
States to participate in the election process in a non-
partisan manner as poll workers or assistants;
‘‘(2) place secondary school students (including
students educated in the home) as nonpartisan poll
workers or assistants to local election officials in pre-
cinct polling places across the United States; and
‘‘(3) establish cooperative efforts with State and
local election officials, local educational agencies, su-
perintendents and principals of public and private
secondary schools, and other appropriate nonprofit
charitable and educational organizations exempt from
taxation under section 501(a) of the Internal Revenue
Code of 1986 as an organization described in section
501(c)(3) of such Code to further the purposes of the
foundation.
‘‘(b) REQUIRING ACTIVITIES TO BE CARRIED OUT ON
NONPARTISAN BASIS.—The foundation shall carry out its
purposes without partisan bias or without promoting any
particular point of view regarding any issue, and shall en-
sure that each participant in its activities is governed in
a balanced manner which does not reflect any partisan bias.
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‘‘(c) CONSULTATION WITH STATE ELECTION OFFI-
CIALS.—The foundation shall carry out its purposes under
this section in consultation with the chief election officials
of the States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, American Samoa, and the United
States Virgin Islands.
‘‘§ 152603. Board of directors
‘‘(a) GENERAL.—The board of directors is the gov-
erning body of the foundation.
‘‘(b) MEMBERS AND APPOINTMENT.—(1) The board
consists of 12 directors, who shall be appointed not later
than 60 days after the date of the enactment of this chapter
as follows:
‘‘(A) 4 directors (of whom not more than 2 may
be members of the same political party) shall be ap-
pointed by the President.
‘‘(B) 2 directors shall be appointed by the Speak-
er of the House of Representatives.
‘‘(C) 2 directors shall be appointed by the minor-
ity leader of the House of Representatives.
‘‘(D) 2 directors shall be appointed by the major-
ity leader of the Senate.
‘‘(E) 2 directors shall be appointed by the minor-
ity leader of the Senate.
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‘‘(2) In addition to the directors described in para-
graph (1), the chair and ranking minority member of the
Committee on House Administration of the House of Rep-
resentatives (or their designees) and the chair and ranking
minority member of the Committee on Rules and Adminis-
tration 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 gov-
ernment 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 otherwise be provided in this chapter).
‘‘(4) The terms of office of the directors are 4 years.
‘‘(5) A vacancy on the board shall be filled in the man-
ner in which the original appointment was made.
‘‘(c) CHAIR.—The directors shall select one of the direc-
tors 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 com-
mittee 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.
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‘‘(e) MEETINGS.—The board shall meet at the call of
the chair of the board for regularly scheduled meetings, ex-
cept that the board shall meet not less often than annually.
‘‘(f) REIMBURSEMENT OF EXPENSES.—Directors shall
serve without 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 offi-
cers and employees of the foundation.
‘‘(b) STATUS AND COMPENSATION OF EMPLOYEES.—
‘‘(1) IN GENERAL.—Officers and employees of the
foundation—
‘‘(A) are not employees of the Federal gov-
ernment (except as may otherwise be provided in
this chapter);
‘‘(B) shall be appointed and removed with-
out regard to the provisions of title 5 governing
appointments in the competitive service; and
‘‘(C) may be paid without regard to chapter
51 and subchapter III of chapter 53 of title 5.
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‘‘(2) AVAILABILITY
OF
FEDERAL
EMPLOYEE
RATES FOR TRAVEL.—For purposes of any schedules
of rates negotiated by the Administrator of General
Services for the use of employees of the Federal gov-
ernment who travel on official business, officers and
employees of the foundation who travel while engaged
in the performance of their duties under this chapter
shall be deemed to be employees of the Federal govern-
ment.
‘‘§ 152605. Powers
‘‘(a) GENERAL.—The foundation may—
‘‘(1) adopt a constitution and bylaws;
‘‘(2) adopt a seal which shall be judicially no-
ticed; and
‘‘(3) do any other act necessary to carry out this
chapter.
‘‘(b) POWERS AS TRUSTEE.—To carry out its pur-
poses, the foundation has the usual powers of a 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;
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‘‘(2) to acquire property or an interest in prop-
erty by purchase or exchange;
‘‘(3) unless otherwise required by an instrument
of transfer, to sell, donate, lease, invest, or otherwise
dispose of any property or income from property;
‘‘(4) to borrow money and issue instruments of
indebtedness;
‘‘(5) to make contracts and other arrangements
with public agencies and private organizations and
persons and to make payments necessary to carry out
its functions;
‘‘(6) to sue and be sued; and
‘‘(7) to do any other act necessary and proper to
carry out the purposes of the foundation.
‘‘(c) ENCUMBERED OR RESTRICTED GIFTS.—A gift,
devise, or bequest may be accepted by the foundation even
though it is encumbered, restricted, or subject to beneficial
interests of private persons, if any current or future interest
is for the benefit of the foundation.
‘‘(d) CONTRACTS.—The foundation may enter into
such contracts with public and private entities as it con-
siders appropriate to carry out its purposes.
‘‘(e) ANNUAL CONFERENCE IN WASHINGTON METRO-
POLITAN AREA.—During each year (beginning with 2003),
the foundation may sponsor a conference in the Wash-
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ington, 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 other-
wise participated in the programs and activities of the
foundation.
‘‘§ 152606. Principal office
‘‘The principal office of the foundation shall be in the
District of Columbia unless the board of directors deter-
mines otherwise. However, the foundation may conduct
business throughout the States, territories, and possessions
of the United States.
‘‘§ 152607. Service of process
‘‘The foundation shall have a designated agent to re-
ceive service of process for the foundation. Notice to or serv-
ice on the agent, or mailed to the business address of the
agent, is notice to or service on the foundation.
‘‘§ 152608. Annual audit
‘‘The foundation shall enter into a contract with an
independent auditor to conduct an annual audit of the
foundation.
‘‘§ 152609. Civil action by Attorney General for equi-
table relief
‘‘The Attorney General may bring a civil action in the
United States District Court for the District of Columbia
for appropriate equitable relief if the foundation—
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‘‘(1) engages or threatens to engage in any act,
practice, or policy that is inconsistent with the pur-
poses in section 152602 of this title; or
‘‘(2) refuses, fails, or neglects to carry out its ob-
ligations under this chapter or threatens to do so.
‘‘§ 152610. Immunity of United States Government
‘‘The United States Government is not liable for any
debts, defaults, acts, or omissions of the foundation. The full
faith and credit of the Government does not extend to any
obligation of the foundation.
‘‘§ 152611. Authorization of appropriations
‘‘There are authorized to be appropriated to the foun-
dation for carrying out the purposes of this chapter—
‘‘(1) $5,000,000 for fiscal year 2002; and
‘‘(2) such sums as may be necessary for each suc-
ceeding fiscal year.
‘‘§ 152612. Annual report
‘‘As soon as practicable after the end of each fiscal
year, the foundation shall submit a report to the Commis-
sion, the President, and Congress on the activities of the
foundation during the prior fiscal year, including a com-
plete statement of its receipts, expenditures, and invest-
ments. Such report shall contain information gathered from
participating secondary school students describing the na-
ture of the work they performed in assisting local election
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officials and the value they derived from the experience of
educating participants 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’’.
TITLE V—MINIMUM STANDARDS
FOR STATE ELECTION SYSTEMS
SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYS-
TEMS.
(a) IN GENERAL.—The chief State election official of
each State shall certify in writing to the Election Assistance
Commission that—
(1) in administering election systems, the State
is in compliance with the existing applicable require-
ments of the Voting Rights Act of 1965, the National
Voter Registration Act of 1993, the Uniformed and
Overseas Citizens Absentee Voting Act, the Voting Ac-
cessibility for the Elderly and Handicapped Act, and
the Americans With Disabilities Act of 1990; and
(2) the State has enacted legislation to enable the
State to meet each of the minimum standards for
State election systems described in section 502.
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(b) METHODS OF IMPLEMENTATION LEFT TO DISCRE-
TION OF STATE.—The specific choices on the methods of im-
plementing the legislation enacted pursuant to subsection
(a)(2) shall be left to the discretion of the State.
(c) CHIEF STATE ELECTION OFFICIAL DEFINED.—In
this title, the ‘‘chief State election official’’ of a State is
the individual designated by the State under section 10 of
the National Voter Registration Act of 1993 (42 U.S.C.
1973gg–8) to be responsible for coordination of the State’s
responsibilities under such Act.
SEC. 502. STANDARDS DESCRIBED.
The minimum standards for State election systems de-
scribed in this section are as follows:
(1) The State will implement a Statewide voter
registration system networked to every local jurisdic-
tion in the State, with provisions for sharing data
with other States, except that this paragraph shall not
apply in the case of a State in which, under law in
effect continuously on and after the date of the enact-
ment of this Act, there is no voter registration re-
quirement for any voter in the State with respect to
an election for Federal office.
(2) The State election system includes provisions
to ensure that voter registration records in the State
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are accurate and are updated regularly, including the
following:
(A) A system of file maintenance which re-
moves registrants who are ineligible to vote from
the official list of eligible voters. Under such sys-
tem, consistent with the National Voter Registra-
tion Act of 1993, registrants who have not voted
in 2 or more consecutive general elections for
Federal office and who have not responded to a
notice shall be removed from the official list of
eligible voters, except that no registrant 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.
(3) The State permits, by the deadline required
under section 504(b), in-precinct provisional voting
by every voter who claims to be qualified to vote in
the State, or has adopted an alternative which
achieves the same objective, except that this paragraph
shall not apply in the case of a State in which, under
law in effect continuously on and after the date of the
enactment of this Act, all votes in the State in general
elections for Federal office are cast by mail.
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(4) The State has adopted uniform standards
that define what will constitute a vote on each cat-
egory of voting equipment certified for use in the
State.
(5) The State has implemented safeguards to en-
sure that absent uniformed services voters (as defined
in section 107(1) of the Uniformed and Overseas Citi-
zens Absentee Voting Act) and overseas voters (as de-
fined in section 107(5) of such Act) in the jurisdiction
have the opportunity to vote and to have their votes
counted.
(6) The State requires new voting systems to
provide a practical and effective means for voters
with physical disabilities to cast a secret ballot.
(7) If the State uses voting systems which give
voters the opportunity to correct errors, the State
shall ensure that voters are able to check for and cor-
rect errors under conditions which assure privacy.
States, and units of local government within the
States, replacing all voting machines within their ju-
risdiction shall ensure that the new voting system
gives voters the opportunity to correct errors before
the vote is cast.
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SEC. 503. ENFORCEMENT.
(a) REPORT
BY COMMISSION
TO ATTORNEY GEN-
ERAL.—If a State does not provide a certification under
section 501 to the Election Assistance Commission, or if the
Commission has credible evidence that a State’s certifi-
cation is false or that a State is carrying out activities in
violation of the terms of the certification, the Commission
shall notify the Attorney General.
(b) ACTION BY ATTORNEY GENERAL.—After receiving
notice from the Commission under subsection (a), the Attor-
ney General may bring a civil action against a State in
an appropriate district court for such declaratory or in-
junctive relief as may be necessary to remedy a violation
of this title.
SEC. 504. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the requirements of this title shall take effect upon the
expiration of the 2-year period which begins on the date
of the enactment of this Act, except that if the chief State
election official of a State certifies that good cause exists
to waive the requirements of this title with respect to the
State until the date of the regularly scheduled general elec-
tion for Federal office held in November 2004, the require-
ments shall apply with respect to the State beginning on
the date of such election.
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(b) DEADLINES
FOR IMPLEMENTATION
OF PROVI-
SIONAL VOTING.—The minimum standard described in sec-
tion 502(3) (relating to permitting in-precinct provisional
voting) shall apply with respect to the regularly scheduled
general election for Federal office held in November 2002
and each succeeding election for Federal office, except that
if the chief State election official of a State certifies that
good cause exists to delay the implementation of such stand-
ard in the State, the standard shall apply in the State with
respect to the regularly scheduled general election for Fed-
eral office held in November 2004 and each succeeding elec-
tion for Federal office held in the State.
TITLE VI—VOTING RIGHTS OF
MILITARY 
MEMBERS 
AND
OVERSEAS CITIZENS
SEC. 601. VOTING ASSISTANCE PROGRAMS.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1566. Voting assistance: compliance assessments;
assistance
‘‘(a) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to require that the Army, Navy, Air
Force, and Marine Corps ensure their compliance with any
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directives issued by the Secretary of Defense in imple-
menting any voting assistance program.
‘‘(b) VOTING ASSISTANCE PROGRAMS DEFINED.—In
this section, the term ‘voting assistance programs’ means—
‘‘(1) the Federal Voting Assistance Program car-
ried out under the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.); and
‘‘(2) any similar program.
‘‘(c) ANNUAL EFFECTIVENESS AND COMPLIANCE RE-
VIEWS.—(1) The Inspector General of each of the Army,
Navy, Air Force, and Marine Corps shall conduct—
‘‘(A) an annual review of the effectiveness of vot-
ing assistance programs; and
‘‘(B) an annual review of the compliance with
voting assistance programs of that armed force.
‘‘(2) Upon the completion of each annual review under
paragraph (1), each Inspector General specified in that
paragraph shall submit to the Inspector General of the De-
partment of Defense a report on the results of each such
review. Such report shall be submitted in time each year
to be reflected in the report of the Inspector General of the
Department of Defense under paragraph (3).
‘‘(3) Not later than March 31 each year, the Inspector
General of the Department of Defense shall submit to Con-
gress a report on—
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‘‘(A) the effectiveness during the preceding cal-
endar year of voting assistance programs; and
‘‘(B) the level of compliance during the preceding
calendar year with voting assistance programs of each
of the Army, Navy, Air Force, and Marine Corps.
‘‘(d) INSPECTOR GENERAL ASSESSMENTS.—(1) The
Inspector General of the Department of Defense shall peri-
odically conduct at Department of Defense installations un-
announced assessments of the compliance at those installa-
tions with—
‘‘(A) the requirements of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.);
‘‘(B) Department of Defense regulations regard-
ing that Act and the Federal Voting Assistance Pro-
gram carried out under that Act; and
‘‘(C) other requirements of law regarding voting
by members of the armed forces.
‘‘(2) The Inspector General shall conduct an assess-
ment under paragraph (1) at not less than 10 Department
of Defense installations each calendar year.
‘‘(3) Each assessment under paragraph (1) shall in-
clude a review of such compliance—
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‘‘(A) within units to which are assigned, in the
aggregate, not less than 20 percent of the personnel
assigned to duty at that installation;
‘‘(B) within a representative survey of members
of the armed forces assigned to that installation and
their dependents; and
‘‘(C) within unit voting assistance officers to
measure program effectiveness.
‘‘(e) REGULAR
MILITARY
DEPARTMENT
ASSESS-
MENTS.—The Secretary of each military department shall
include in the set of issues and programs to be reviewed
during any management effectiveness review or inspection
at the installation level an assessment of compliance with
the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.) and with Department of Defense
regulations regarding the Federal Voting Assistance Pro-
gram.
‘‘(f) VOTING ASSISTANCE OFFICERS.—(1) Voting as-
sistance officers shall be appointed or assigned under De-
partment of Defense regulations. Commanders at all levels
are responsible for ensuring that unit voting officers are
trained and equipped to provide information and assistance
to members of the armed forces on voting matters. Perform-
ance evaluation reports pertaining to a member who has
been assigned to serve as a voting assistance officer shall
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comment on the performance of the member as a voting as-
sistance officer. The Secretary of each military department
shall certify to Congress that (at a minimum) a voting as-
sistance officer has been appointed or assigned for each
military installation and major command under the juris-
diction of the department and that a replacement will be
appointed if the original officer is no longer able to serve.
‘‘(2) Under regulations and procedures prescribed by
the Secretary, a member of the armed forces appointed or
assigned to duty as a voting assistance officer shall, to the
maximum extent practicable, be given the time and re-
sources 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.
‘‘(3) As part of each assessment prepared by the Sec-
retary of a military department under subsection (e), the
Secretary shall—
‘‘(A) specify the number of members of the armed
forces under the jurisdiction of the Secretary who are
appointed or assigned to duty as voting assistance of-
ficers;
‘‘(B) specify the ratio of voting assistance officers
to active duty members of the armed forces under the
jurisdiction of the Secretary;
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‘‘(C) indicate whether this number and ratio
comply with the requirements of the Federal Voting
Assistance Program; and
‘‘(D) describe the training such members receive
to perform their duties as voting assistance officers.
‘‘(g) REGISTRATION AND VOTING INFORMATION FOR
MEMBERS AND DEPENDENTS.—(1) The Secretary of each
military department, using a variety of means including
both print and electronic media, shall, to the maximum ex-
tent 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 re-
quirements.
‘‘(2) The Secretary of each military department shall
make the national voter registration form prepared for pur-
poses of the Uniformed and Overseas Citizens Absentee Vot-
ing Act by the Federal Election Commission available so
that each person who enlists, reenlists, or voluntarily ex-
tends an enlistment or who completes a permanent change
of station in an active or reserve component of the Army,
Navy, Air Force, or Marine Corps shall receive such form
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at the time of the enlistment, reenlistment, extension, or
completion of the permanent change of station, or as soon
thereafter as practicable.
‘‘(3) Where practicable, a special day or days shall be
designated at each military installation for the purpose of
informing members of the armed forces and their depend-
ents of election timing, registration requirements, and vot-
ing procedures.
‘‘(h) DELIVERY OF MAIL FROM OVERSEAS PRECEDING
FEDERAL ELECTIONS.—(1) During the four months pre-
ceding a general Federal election month, the Secretary of
Defense shall periodically conduct surveys of all overseas
locations and vessels at sea with military units responsible
for collecting mail for return shipment to the United States
and all port facilities in the United States and overseas
where military-related mail is collected for shipment to
overseas locations or to the United States. The purpose of
each survey shall be to determine if voting materials are
awaiting shipment at any such location and, if so, the
length of time that such materials have been held at that
location. During the fourth and third months before a gen-
eral Federal election month, such surveys shall be conducted
biweekly. During the second and first months before a gen-
eral Federal election month, such surveys shall be conducted
weekly.
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‘‘(2) The Secretary shall ensure that voting materials
are transmitted expeditiously by military postal authorities
at all times. The Secretary shall, to the maximum extent
practicable, implement measures to ensure that a 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 submit to Congress a report describing
the measures to be implemented to ensure the timely trans-
mittal and postmarking of voting materials and identifying
the persons responsible for implementing such measures.
‘‘(3) The Secretary of each military department, uti-
lizing the voting assistance officer network established for
each military installation, shall, to the maximum extent
practicable, provide notice to members of the armed forces
stationed at that installation of the last date before a gen-
eral Federal election for which absentee ballots mailed from
a postal facility located at that installation can reasonably
be expected to be timely delivered to the appropriate State
and local election officials.
‘‘(4) In this section, the term ‘general Federal election
month’ means November in an even-numbered year.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘1566. Voting assistance: compliance assessments; assistance.’’.
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(b) INITIAL REPORT.—The first report under section
1566(c)(3) of title 10, United States Code, as added by sub-
section (a), shall be submitted not later than March 31,
2003.
SEC. 602. DESIGNATION OF SINGLE STATE OFFICE TO PRO-
VIDE INFORMATION ON REGISTRATION AND
ABSENTEE BALLOTS FOR ALL VOTERS IN
STATE.
Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Each State’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO PRO-
VIDE INFORMATION ON REGISTRATION AND ABSENTEE BAL-
LOT PROCEDURES 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 (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.
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‘‘(2) RECOMMENDATION REGARDING USE OF OF-
FICE 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 reg-
ister to vote or vote in any jurisdiction in the State.’’.
SEC. 603. REPORT ON ABSENTEE BALLOTS TRANSMITTED
AND RECEIVED AFTER GENERAL ELECTIONS.
(a) IN GENERAL.—Section 102 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–
1), as amended by section 602, is amended by adding at
the end the following new subsection:
‘‘(c) REPORT ON NUMBER OF ABSENTEE BALLOTS
TRANSMITTED AND RECEIVED.—Not later than 90 days
after the date of each regularly scheduled general election
for Federal office, each State and unit of local government
which administered the election shall (through the State, in
the case of a unit of local government) submit a report to
the Election Assistance Commission (established under the
Help America Vote Act of 2001) on the number of absentee
ballots transmitted to absent uniformed services voters and
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overseas voters for the election and the number of such bal-
lots which were returned by such voters and cast in the elec-
tion, 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 Assistance Commission Standards Board,
shall develop a standardized format for the reports sub-
mitted by States and units of local government under sec-
tion 102(c) of the Uniformed and Overseas Citizens Absen-
tee Voting Act (as added by subsection (a)), and shall make
the format available to the States and units of local govern-
ment submitting such reports.
SEC. 604. SIMPLIFICATION OF VOTER REGISTRATION AND
ABSENTEE 
BALLOT 
APPLICATION 
PROCE-
DURES FOR ABSENT UNIFORMED SERVICES
AND OVERSEAS VOTERS.
(a) REQUIRING STATES TO ACCEPT OFFICIAL FORM
FOR SIMULTANEOUS VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATION; DEADLINE FOR PROCESSING APPLI-
CATION.—
(1) IN GENERAL.—Section 102(a) of the Uni-
formed and Overseas Citizens Absentee Voting Act (42
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U.S.C. 1973ff–1), as amended by section 602, is
amended—
(A) by amending paragraph (2) to read as
follows:
‘‘(2) accept and process, with respect to any elec-
tion for Federal office, any otherwise valid voter reg-
istration application and absentee ballot application
from an absent uniformed services voter or overseas
voter, if the application is received by the appropriate
State election official not less than 30 days before the
election;’’;
(B) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) use the official post card form (prescribed
under section 101) for simultaneous voter registration
application and absentee ballot application.’’.
(2) 
CONFORMING
AMENDMENTS.—Section
101(b)(2) of such Act (42 U.S.C. 1973ff(b)(2)) is
amended by striking ‘‘as recommended in section
104’’ and inserting ‘‘as required under section
102(4)’’.
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(b) USE OF SINGLE APPLICATION FOR ALL SUBSE-
QUENT ELECTIONS.—Section 104 of such Act (42 U.S.C.
1973ff–3) is amended to read as follows:
‘‘SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSE-
QUENT ELECTIONS.
‘‘(a) IN GENERAL.—If a State accepts and processes
an official post card form (prescribed under section 101)
submitted by an absent uniformed services voter or overseas
voter for simultaneous voter registration and absentee ballot
application (in accordance with section 102(a)(4)) and the
voter requests that the application be considered an applica-
tion for an absentee ballot for each subsequent election for
Federal office held in the State during that year, the State
shall provide an absentee ballot to the voter for each subse-
quent election for Federal office held in the State during
that year.
‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA-
TION.—Subsection (a) shall not apply with respect to a
voter registered to vote in a State for any election held after
the voter notifies the State that the voter no longer wishes
to be registered to vote in the State or after the State deter-
mines that the voter has registered to vote in another State.
‘‘(c) REVISION OF OFFICIAL POST CARD FORM.—The
Presidential designee shall revise the official post card form
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(prescribed under section 101) to enable a voter using the
form to—
‘‘(1) request an absentee ballot for each election
for Federal office held in a State during a year; or
‘‘(2) request an absentee ballot for only the next
scheduled election for Federal office held in a State.
‘‘(d) NO EFFECT ON VOTER REMOVAL PROGRAMS.—
Nothing in this section may be construed to prevent a State
from removing any voter from the rolls of registered voters
in the State under any program or method permitted under
section 8 of the National Voter Registration Act of 1993.’’.
SEC. 605. ADDITIONAL DUTIES OF PRESIDENTIAL DES-
IGNEE UNDER UNIFORMED AND OVERSEAS
CITIZENS ABSENTEE VOTING ACT.
(a) EDUCATING ELECTION OFFICIALS ON RESPON-
SIBILITIES UNDER ACT.—Section 101(b)(1) of the Uni-
formed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff(b)(1)) is amended by striking the semicolon
at the end and inserting the following: ‘‘, and ensuring that
such officials are aware of the requirements of this Act;’’.
(b) DEVELOPMENT
OF STANDARD OATH
FOR USE
WITH MATERIALS.—
(1) IN GENERAL.—Section 101(b) of such Act (42
U.S.C. 1973ff(b)) is amended—
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(A) by striking ‘‘and’’ at the end of para-
graph (5);
(B) by striking the period at the end of
paragraph (6) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(7) prescribe a standard oath for use with any
document under this title affirming that a material
misstatement of fact in the completion of such a docu-
ment may constitute grounds for a conviction for per-
jury.’’.
(2) REQUIRING
STATES
TO
USE
STANDARD
OATH.—Section 102(a) of such Act (42 U.S.C. 1973ff–
1(b)), as amended by sections 603 and 605(a), is
amended—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(5) if the State requires an oath or affirmation
to accompany any document under this title, use the
standard oath prescribed by the Presidential designee
under section 101(b)(7).’’.
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(c) PROVIDING BREAKDOWN BETWEEN OVERSEAS
VOTERS AND ABSENT UNIFORMED SERVICES VOTERS IN
STATISTICAL ANALYSIS OF VOTER PARTICIPATION.—Sec-
tion 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is
amended by inserting after ‘‘participation’’ the following:
‘‘(listed separately for overseas voters and absent uniformed
services voters)’’.
SEC. 606. USE OF BUILDINGS ON MILITARY INSTALLATIONS
AND RESERVE COMPONENT FACILITIES AS
POLLING PLACES.
(a) LIMITED USE OF MILITARY INSTALLATIONS AU-
THORIZED.—Section 2670 of title 10, United States Code,
is amended—
(1) by striking ‘‘Under’’ and inserting ‘‘(a) USE
BY RED CROSS.—Under’’;
(2) by striking ‘‘this section’’ and inserting ‘‘this
subsection’’; and
(3) by adding at the end the following new sub-
section:
‘‘(b) USE AS POLLING PLACES.—(1) Notwithstanding
any other provision of law, the Secretary of a military de-
partment may make a building located on a military in-
stallation under the jurisdiction of the Secretary available
for use as a polling place in any Federal, State, or local
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public election, but only if such use is limited to eligible
voters who reside on that military installation.
‘‘(2) If a building located on a military installation
is made available under paragraph (1) as the site of a poll-
ing place, the Secretary shall continue to make the building
available for subsequent elections unless the Secretary pro-
vides to the appropriate State or local election officials ad-
vance notice, in a reasonable and timely manner, of the
reasons why the building will no longer be made available
as a polling place.
‘‘(3) In this section, the term ‘military installation’
has the meaning given the term in section 2687(e) of this
title.’’.
(b) USE OF RESERVE COMPONENT FACILITIES.—(1)
Section 18235 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(c) Pursuant to a lease or other agreement under sub-
section (a)(2), the Secretary may make a facility covered
by subsection (a) available for use as a polling place in
any Federal, State, or local public election notwithstanding
any other provision of law. If a facility is made available
as the site of a polling place with respect to an election,
the Secretary shall continue to make the facility available
for subsequent elections unless the Secretary provides to the
appropriate State or local election officials advance notice,
100
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in a reasonable and timely manner, of the reasons why the
facility will no longer be made available as a polling
place.’’.
(2) Section 18236 of such title is amended by adding
at the end the following:
‘‘(e) Pursuant to a lease or other agreement under sub-
section (c)(1), a State may make a facility covered by sub-
section (c) available for use as a polling place in any Fed-
eral, State, or local public election notwithstanding any
other provision of law.’’.
(c) CONFORMING AMENDMENTS
TO TITLE 18.—(1)
Section 592 of title 18, United States Code, is amended by
adding at the end the following new sentence:
‘‘This section shall not apply to the actions of members
of the Armed Forces at any polling place on a military
installation where a general or special election is held in
accordance with section 2670(b), 18235, or 18236 of title
10.’’.
(2) Section 593 of such title is amended by adding at
the end the following new sentence:
‘‘This section shall not apply to the actions of members
of the Armed Forces at any polling place on a military
installation where a general or special election is held in
accordance with section 2670(b), 18235, or 18236 of title
10.’’.
101
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(d) CONFORMING AMENDMENT
TO VOTING RIGHTS
LAW.—Section 2003 of the Revised Statutes of the United
States (42 U.S.C. 1972) is amended by adding at the end
the following new sentence: ‘‘Making a military installation
or reserve component facility available as a polling place
in a Federal, State, or local public election in accordance
with section 2670(b), 18235, or 18236 of title 10, United
States Code, is deemed to be consistent with this section.’’.
(e) CLERICAL AMENDMENTS.—(1) The heading of sec-
tion 2670 of title 10, United States Code, is amended to
read as follows:
‘‘§ 2670. Buildings on military installations: use by
American National Red Cross and as poll-
ing places in Federal, State, and local
elections’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
‘‘2670. Buildings on military installations: use by American National Red Cross
and as polling places in Federal, State, and local elections.’’.
102
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TITLE VII—REDUCED POSTAGE
RATES FOR OFFICIAL ELEC-
TION MAIL
SEC. 701. REDUCED POSTAGE RATES FOR OFFICIAL ELEC-
TION MAIL.
(a) IN GENERAL.—Section 3629 of title 39, United
States Code, is amended to read as follows:
‘‘§ 3629. Reduced rates for official election mail
‘‘(a) Notwithstanding any other provision of this title,
the rate of postage for any first-class mail matter shall, in
the case of official election mail, be equal to 50 percent of
the regular first-class rate, subject to subsection (c).
‘‘(b) For purposes of this section, the term ‘official elec-
tion mail’ means any mailing by a State or local election
official that—
‘‘(1) is mailed in the course of official business;
‘‘(2) consists of voter registration or election in-
formation or assistance prepared and mailed in a
nonpartisan manner; and
‘‘(3) bears such logo or other markings as the
Postal Service may require.
Such term does not include any mailing that includes any
mail matter intended to promote government action unre-
lated to the conduct of an election.
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‘‘(c) Nothing in this section shall, with respect to any
official election mail, be considered to make unavailable—
‘‘(1) any free mailing privilege under section
3406 or any other provision of law for which such
mail otherwise qualifies; or
‘‘(2) any reduced rate of postage under section
3626 or any other provision of law for which such
mail otherwise qualifies, if lower than the rate that
would otherwise apply under subsection (a).’’.
(b) CLERICAL AMENDMENT.—The table of sections for
chapter 36 of title 39, United States Code, is amended by
striking the item relating to section 3629 and inserting the
following:
‘‘3629. Reduced rates for official election mail.’’.
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 ELEC-
TION ADMINISTRATION OF FEDERAL ELECTION COMMIS-
SION.—There are transferred to the Election Assistance
Commission established under section 201 all functions
which the Office of the Election Administration, established
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within the Federal Election Commission, exercised before
the date of enactment of this Act.
(b) CONFORMING AMENDMENT.—Section 311(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 438(a))
is amended—
(1) in paragraph (8), by inserting ‘‘and’’ at the
end;
(2) in paragraph (9), by striking ‘‘; and’’ and
inserting a period; and
(3) by striking paragraph (10) and the second
and third sentences.
SEC. 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 Com-
mission exercised under the National Voter Registration Act
of 1993 before the date of enactment of this Act.
(b) CONFORMING AMENDMENT.—Section 9(a) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg–
7(a)) is amended by striking ‘‘Federal Election Commis-
sion’’ and inserting ‘‘Election Assistance Commission’’.
SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PER-
SONNEL.
(a) PROPERTY AND RECORDS.—The contracts, liabil-
ities, records, property, and other assets and interests of,
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or made available in connection with, the offices and func-
tions of the Federal Election Commission which are trans-
ferred by this subtitle are transferred to the Election Assist-
ance Commission for appropriate allocation.
(b) PERSONNEL.—
(1) IN GENERAL.—The personnel employed in
connection with the offices and functions of the Fed-
eral Election Commission which are transferred by
this subtitle are transferred to the Election Assistance
Commission.
(2) EFFECT.—Any full-time or part-time per-
sonnel employed in permanent positions shall not be
separated or reduced in grade or compensation be-
cause of the transfer under this subsection during the
1-year period beginning on the date of the 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 in-
volved, the Election Assistance Commission is authorized to
utilize the services of such officers, employees, and other per-
sonnel of the entities from which functions have been trans-
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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, Amer-
ican Samoa, and the United States Virgin Islands.
SEC. 902. MISCELLANEOUS PROVISIONS TO PROTECT IN-
TEGRITY OF ELECTION PROCESS.
(a) CLARIFICATION OF ABILITY OF ELECTION OFFI-
CIALS TO REMOVE REGISTRANTS FROM OFFICIAL LIST OF
VOTERS ON GROUNDS OF CHANGE OF RESIDENCE.—Sec-
tion 8(b)(2) of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg–6(b)(2)) is amended by striking the pe-
riod 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 individual from the official list of
eligible voters if the individual has not voted or appeared
to vote in 2 or more consecutive general elections for Federal
office and has not notified the applicable registrar (in per-
son or in writing) or responded to a notice sent by the ap-
plicable registrar during the period in which such elections
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are held that the individual intends to remain registered
in the registrar’s jurisdiction.’’.
(b) PROHIBITING EFFORTS BY POLL WORKERS TO CO-
ERCE VOTERS TO CAST VOTES FOR EVERY OFFICE ON BAL-
LOT.—Section 594 of title 18, United States Code, is
amended—
(1) by striking ‘‘Whoever’’ and inserting ‘‘(a)
Whoever’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) For purposes of subsection (a), a poll worker who
urges or encourages a voter who has not cast a vote for each
office listed on the ballot to return to the voting booth to
cast votes for every office, or who otherwise intimidates,
harasses, or coerces the voter to vote for each such office (or
who attempts to intimidate, harass, or coerce the voter to
vote for each such office), shall be considered to have intimi-
dated, threatened, or coerced (or to have attempted to in-
timidate, threaten, or coerce) the voter for the purpose of
interfering with the voter’s right to vote as the voter may
choose. Nothing in this subsection shall prohibit a poll
worker from providing information to a voter who requests
assistance.’’.
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SEC. 903. NO EFFECT ON OTHER LAWS.
(a) IN GENERAL.—Nothing in this Act and no action
taken pursuant to this Act shall supersede, restrict, or limit
the application of the Voting Rights Act of 1965, the Na-
tional Voter Registration Act of 1993, the Voting Accessi-
bility for the Elderly and Handicapped Act, or the Ameri-
cans with Disabilities Act of 1990.
(b) NO CONDUCT AUTHORIZED WHICH IS PROHIBITED
UNDER OTHER LAWS.—Nothing in this Act authorizes or
requires any conduct which is prohibited by the Voting
Rights Act of 1965, the National Voter Registration Act of
1993, or the Americans with Disabilities Act of 1990.
(c) APPLICATION TO STATES, LOCAL GOVERNMENTS,
AND COMMISSION.—Except as specifically provided in the
case of the National Voter Registration Act of 1993, nothing
in this Act may be construed to affect the application of
the Voting Rights Act of 1965, the National Voter Registra-
tion Act of 1993, or the Americans with Disabilities Act
of 1990 to any State, unit of local government, or other
person, or to grant to the Election Assistance Commission
the authority to carry out activities inconsistent with such
Acts.
Union Calendar No. 201
107TH CONGRESS
1ST SESSION
H. R. 3295
[Report No. 107–329, Part I]
A BILL
To establish a program to provide funds to States
to replace punch card voting systems, to establish
the Election Assistance Commission to assist in
the administration of Federal elections and to
otherwise provide assistance with the administra-
tion of certain Federal election laws and pro-
grams, to establish minimum election administra-
tion standards for States and units of local gov-
ernment with responsibility for the administra-
tion of Federal elections, and for other purposes.
DECEMBER 10, 2001
Reported from the Committee on House Administration
with an amendment
DECEMBER 10, 2001
Referral to the Committees on the Judiciary, Science,
Government Reform, and Armed Services extended for
a period ending not later than December 10, 2001
DECEMBER 10, 2001
Committees discharged; committed to the Committee of
the Whole House on the State of the Union and or-
dered to be printed