datamatters24/research-document-archive huggingface dataset:
I
107TH CONGRESS
1ST SESSION
H. R. 3294
To provide for the distribution of assets frozen pursuant to Executive Order
13224 and similar Executive orders to the State of New York, the
State of Pennsylvania, and the Department of Defense to cover cleanup
and reconstruction costs associated with the terrorist attacks of Sep-
tember 11, 2001.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 14, 2001
Mrs. MCCARTHY of New York (for herself, Mr. ABERCROMBIE, Mr. ISRAEL,
Ms. HART, Mr. PALLONE, Mr. CROWLEY, Mr. NADLER, Mr. WEINER,
Mr. TOWNS, Mr. OWENS, Ms. VELA´ZQUEZ, Mrs. MALONEY of New York,
Mr. SERRANO, Mr. ENGEL, Mrs. LOWEY, Mr. GILMAN, Mr. HINCHEY,
Ms. SLAUGHTER, and Mr. MCGOVERN) introduced the following bill;
which was referred to the Committee on International Relations, and in
addition to the Committees on Transportation and Infrastructure, and
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To provide for the distribution of assets frozen pursuant
to Executive Order 13224 and similar Executive orders
to the State of New York, the State of Pennsylvania,
and the Department of Defense to cover cleanup and
reconstruction costs associated with the terrorist attacks
of September 11, 2001.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Cleanup and Recon-
struction Assistance Act of 2001’’.
SEC. 2. USE OF VESTED ASSETS FROZEN PURSUANT TO EX-
ECUTIVE ORDER.
If and when the President vests and liquidates assets
frozen pursuant to Executive Order 13224 of September
23, 2001, or subsequent Executive orders issued as a re-
sult of the terrorist attacks of September 11, 2001, the
assets so vested and liquidated shall be deposited in a sep-
arate account in the Treasury. The President shall dis-
tribute amounts in the account to the State of New York,
the State of Pennsylvania, and the Department of Defense
to cover costs associated with—
(1) the removal of debris left as a result of the
damage caused by the terrorist attacks on the World
Trade Center and the Pentagon, and the crash of
the hijacked airliner in Pennsylvania, on September
11, 2001; and
(2) reconstruction on the sites on which the
damage occurred.
Æ
(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 sec-
tion 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.
(B) Any amounts paid to the Adminis-
trator by a State or unit of local government
under section 104(b).
(C) Any amounts paid to the Adminis-
trator by a State or unit of local government
under section 114(b).
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 Commis-
sion (hereafter in this title referred to as the ‘‘Commis-
sion’’), 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.
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;
‘‘(E) 2 directors shall be appointed by the mi-
nority leader of the Senate.
‘‘(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
manner in which the original appointment was made.
‘‘(c) CHAIR.—The directors shall select one of the di-
rectors as the chair of the board. The individual selected
may not be a current or former holder of any partisan
elected office or a current or former officer of any national
committee of a political party.
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
General Services (hereafter in this title referred to as 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 to administer the regularly
scheduled general election for Federal office held in No-
vember 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 re-
place 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—
(A) obligate the funds provided for the
uses described in subsection (b) not later than
the date of the regularly scheduled general elec-
tion for Federal office to be held in November
2002; and
(B) ensure that all of the punch card vot-
ing systems under its jurisdiction have been re-
placed in time for the regularly scheduled gen-
eral election for Federal office to be held in No-
vember 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 ‘‘Novem-
ber 2004’’; and
(B) the reference in paragraph (1)(B) to
‘‘November 2004’’ were a reference to ‘‘Novem-
ber 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 re-
place punch card voting systems in jurisdictions
within the State which used such systems to carry
out the general Federal election held in November
2000;
(2) assurances that in replacing punch card vot-
ing systems the State will continue to meets its du-
ties 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
language accessibility for individuals with limited
English proficiency, consistent with the requirements
of the Voting Rights Act of 1965 and any other ap-
plicable provisions of law; and
(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
scheduled general election for Federal office to be
held in November 2002, a statement of its intent to
participate 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).
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 sys-
tems 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
DEFINED.—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).
H. R. 3295—64
SEC. 904. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELEC-
TORAL FRAUD STATUTES AND PENALTIES.
(a) REVIEW.—The Attorney General shall conduct a review of
existing 
criminal 
statutes 
concerning 
election 
offenses 
to
determine—
(1) whether additional statutory offenses are needed to
secure the use of the Internet for election purposes; and
(2) whether existing penalties provide adequate punish-
ment and deterrence with respect to such offenses.
(b) REPORT.—The Attorney General shall submit a report to
the Committees on the Judiciary of the Senate and House of Rep-
resentatives, the Committee on Rules and Administration of the
Senate, and the Committee on House Administration of the House
of Representatives on the review conducted under subsection (a)
together with such recommendations for legislative and administra-
tive action as the Attorney General determines appropriate.
SEC. 905. OTHER CRIMINAL PENALTIES.
(a) CONSPIRACY TO DEPRIVE VOTERS OF A FAIR ELECTION.—
Any individual who knowingly and willfully gives false information
in registering or voting in violation of section 11(c) of the National
Voting Rights Act of 1965 (42 U.S.C. 1973i(c)), or conspires with
another to violate such section, shall be fined or imprisoned, or
both, in accordance with such section.
(b) FALSE INFORMATION
IN REGISTERING
AND VOTING.—Any
individual who knowingly commits fraud or knowingly makes a
false statement with respect to the naturalization, citizenry, or
alien registry of such individual in violation of section 1015 of
title 18, United States Code, shall be fined or imprisoned, or both,
in accordance with such section.
SEC. 906. NO EFFECT ON OTHER LAWS.
(a) IN GENERAL.—Except as specifically provided in section
303(b) of this Act with regard to the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg et seq.), nothing in this Act may
be construed to authorize or require conduct prohibited under any
of the following laws, or to supersede, restrict, or limit the applica-
tion of such laws:
(1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et
seq.).
(2) The Voting Accessibility for the Elderly and Handi-
capped Act (42 U.S.C. 1973ee et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.).
(4) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
H. R. 3295—65
(b) NO EFFECT ON PRECLEARANCE OR OTHER REQUIREMENTS
UNDER VOTING RIGHTS ACT.—The approval by the Administrator
or the Commission of a payment or grant application under title
I or title II, or any other action taken by the Commission or
a State under such title, shall not be considered to have any
effect on requirements for preclearance under section 5 of the Voting
Rights Act of 1965 (42 U.S.C. 1973c) or any other requirements
of such Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
nent-based approach or a performance-
based approach.
‘‘(ii) COMPONENT
APPROACH.—Com-
ponent approach compliance shall be dem-
onstrated if all of the components of the
dwelling unit comply with the requirements
of prescriptive packages established by the
Secretary of Energy, in consultation with
the Administrator of the Environmental
Protection Agency, such that the majority
of the buildings which use such approach
achieve energy cost reductions equivalent
to the results of using the performance-
based approach under clause (iii).
‘‘(iii) 
PERFORMANCE-BASED
AP-
PROACH.—Performance-based 
compliance
shall be demonstrated if the 30 percent or
50 percent energy cost savings for heating
and cooling, as applicable, are met with re-
spect to a dwelling unit when compared to
the original condition of the dwelling unit.
‘‘(iv) COMPUTER
SOFTWARE.—Com-
puter software shall be used in support of
performance-based 
compliance 
under
clause (iii) and such software shall meet all
HR 3295 RFS
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.
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.
461
schools by an impartial evaluator chosen
by the grantee, but no grantee shall be re-
quired to comply with these standards to a
higher degree than a comparable Bureau
operated school.
‘‘(V) A positive evaluation of the
school is conducted by an impartial eval-
uator agreed upon by the Secretary and
the grantee every 2 years under standards
adopted by the contractor under a contract
for a school entered into under the Indian
Self-Determination and Education Assist-
ance Act (or revisions of such standards
agreed to by the Secretary and the grant-
ee) prior to the date of the enactment of
this Act. If the Secretary and the grantee
other than the tribal governing body fail to
agree on such an evaluator, the tribal gov-
erning body shall choose the evaluator or
perform the evaluation. If the Secretary
and a grantee which is the tribal governing
body fail to agree on such an evaluator,
this subclause shall not apply.
‘‘(B) The choice of standards employed for the
purpose of subparagraph (A)(ii) shall be consistent
106
HR 3295 RH1S
ferred to the Election Assistance Commission under this
title or the amendments made by this title for such period
of time as may reasonably be needed to facilitate the orderly
transfer of such functions.
Subtitle B—Coverage of Commis-
sion Under Certain Laws and
Programs
SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER
CERTAIN CIVIL SERVICE LAWS.
(a) 
COVERAGE
UNDER
HATCH
ACT.—Section
7323(b)(2)(B)(i)(I) of title 5, United States Code, is amend-
ed by inserting ‘‘or the Election Assistance Commission’’
after ‘‘Commission’’.
(b) EXCLUSION FROM SENIOR EXECUTIVE SERVICE.—
Section 3132(a)(1)(C) of title 5, United States Code, is
amended by inserting ‘‘or the Election Assistance Commis-
sion’’ after ‘‘Commission’’.
SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF
1978.
(a) IN GENERAL.—Section 8G(a)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by insert-
ing ‘‘the Election Assistance Commission,’’ after ‘‘Federal
Election Commission,’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 180 days after the appointment
526
local educational agencies in the State received
under such part; and
‘‘(B) an amount that bears the same rela-
tionship to 40 percent of such remainder as the
school-age population in the area served by the
local educational agency bears to the school-age
population in the area served by all local edu-
cational agencies in the State.
‘‘(b) MATCHING REQUIREMENT.—
‘‘(1) IN
GENERAL.—Each eligible local edu-
cational agency receiving a grant under subsection
(a) shall contribute resources with respect to the
local authorized activities to be assisted under this
title in case or in-kind from non-Federal sources in
an amount equal to 25 percent of the Federal funds
awarded under the grant.
‘‘(2) WAIVER.—A State educational agency may
grant a waiver of the requirements of paragraph (1)
to a local educational agency that—
‘‘(A) applies for such a waiver; and
‘‘(B) demonstrates extreme circumstances
for being unable to meet such requirements.
‘‘SEC. 6005. PLANS.
‘‘(a) STATE PLANS.—
IB
#
Union Calendar No. 201
107TH CONGRESS
1ST SESSION
H. R. 3295
[Report No. 107–329, Part I]
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 assist-
ance with the administration of certain Federal election laws and pro-
grams, to establish minimum election administration standards for States
and units of local government with responsibility for the administration
of Federal elections, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 14, 2001
Mr. NEY (for himself, Mr. HOYER, Mr. BLUNT, Mr. FATTAH, Mr. EHLERS,
Mr. PRICE of North Carolina, Mr. MICA, Mr. LANGEVIN, Mr. LINDER,
Mr. HASTINGS of Florida, Mr. DOOLITTLE, Mr. DAVIS of Florida, Mr.
REYNOLDS, Mr. REYES, Mr. BUYER, Ms. EDDIE BERNICE JOHNSON of
Texas, Mr. BOEHLERT, Mr. LEWIS of Georgia, Mr. CASTLE, Mr.
HINOJOSA, Mr. PORTMAN, Mrs. MEEK of Florida, Mr. ENGLISH, Mrs.
THURMAN, Mr. LATOURETTE, Mr. WYNN, Mr. KING, Mr. SPRATT, Mr.
TIBERI, Mr. RUSH, Mr. DIAZ-BALART, Mr. THOMPSON of Mississippi,
Mr. HORN, Ms. MCKINNEY, Mr. HAYES, Mrs. JONES of Ohio, Mr.
COOKSEY, Mr. DINGELL, Mr. WALDEN, Mr. CUMMINGS, Mr. FOLEY, Mr.
ACKERMAN, Mr. GREENWOOD, Ms. BROWN of Florida, Mr. WOLF, Mr.
CARDIN, Mr. BALLENGER, Mr. ANDREWS, Mr. FORBES, Mr. BAIRD, Ms.
HART, Mrs. CAPPS, Mr. LAHOOD, Mr. BARCIA, Mr. FLETCHER, Mr.
CARSON
of Oklahoma, Mr. GRUCCI, Mr. HILL, Mr. AKIN, Mr.
ETHERIDGE, Mr. PLATTS, Mr. CROWLEY, Mr. TERRY, Mr. HOLT, Mr.
MATHESON, Ms. MCCARTHY of Missouri, Mr. MOORE, Mr. PASCRELL,
Mrs. TAUSCHER, Mr. STARK, Mr. POMEROY, Mr. LARSEN of Washington,
Mr. HOEFFEL, Mr. GANSKE, Mr. BROWN of Ohio, Mrs. CLAYTON, Mr.
WELDON of Pennsylvania, and Mr. LEWIS of California) introduced the
following bill; which was referred to the Committee on House Administra-
tion, and in addition to the Committees on the Judiciary, Science, Gov-
ernment Reform, and Armed Services, for a period to be subsequently de-