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 (expressed 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
Virgin Islands, 20 percent of the amount described
in paragraph (1).
(d) CONTINUING AVAILABILITY OF FUNDS AFTER
APPROPRIATION.—An Election Fund payment made to a
State under this part shall be available to the State with-
out 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
official of the State shall provide the Commission with the
following certifications:
(1) A certification that the State has authorized
and appropriated funds for carrying out the activi-
ties 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 Election 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 per-
formance in each local jurisdiction administering
elections, expressed as a percentage of residual vote
in the contest at the top of the ballot, and requires
local jurisdictions to report data relevant to this
benchmark after each general election for Federal
office.
(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 (including blindness); and
(B) if the State uses any portion of its
Election Fund payment to obtain new voting
machines, at least one voting machine in each
polling place in the State will be fully accessible
to individuals with physical disabilities (includ-
ing blindness).
(5) A certification that the State has estab-
lished a fund described in subsection (b) for pur-
poses of administering 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
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 elec-
toral process, and provides relevant training in the
requirements of the National Voter Registration Act
of 1993 for personnel of State motor vehicle author-
ity offices and other voter registration agencies des-
ignated 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 pur-
poses of subsection (a)(5), a fund described in this
subsection with respect to a State is a fund which
is established in the treasury of the State govern-
ment, which is used in accordance with paragraph
(2), and which consists of the following amounts:
(A) Amounts appropriated or otherwise
made available by the State for carrying out the
activities for which the 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.
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.
SEC. 235. REPORTS.
Not later than the 6 months after the end of each
fiscal year for which a State received an Election Fund
payment under this part, the State shall submit a report
to the Commission on the activities conducted with the
funds provided during the year, and shall include in the
report—
(1) a list of expenditures made with respect to
each category of activities described in section
231(b); and
(2) the number and type of articles of voting
equipment obtained with the funds.
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 devel-
opment to improve the quality, reliability, accuracy, acces-
sibility, affordability, and security of voting equipment,
election systems, and voting technology.
(b) ELIGIBILITY.—An entity is eligible to receive a
grant under this part if it submits to the Commission (at
such time and in such form as the Commission may re-
quire) an application containing—
(1) assurances that the research and develop-
ment funded with the grant will take into account
the need to make voting equipment fully accessible
for individuals with disabilities (including blind indi-
viduals), the need to ensure that such individuals
can vote independently and with privacy, and the
need to provide alternative language accessibility for
individuals with limited proficiency in the English
language (consistent with the requirements of the
Voting Rights Act of 1965); and
(2) such other information and assurances as
the Commission may require.
(c) APPLICABILITY
OF REGULATIONS GOVERNING
PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL
ASSISTANCE.—Any invention made by the recipient of a
grant under this part using funds provided under this part
shall be subject to chapter 18 of title 35, United States
Code (relating to patent rights in inventions made with
Federal assistance).
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 activi-
ties 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.
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 tech-
nologies 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 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
(consistent 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, and the President a report describing the activi-
ties 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 appli-
cation it receives for a grant under part 2 or part 3 to
the Director, who shall review the application and provide
the Commission with such comments as the Director con-
siders appropriate.
(c) MONITORING AND ADJUSTMENT OF GRANT AC-
TIVITIES.—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 recipient of the grant modify and adjust the ac-
tivities 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 develop-
ment of voluntary technical standards for voting products
and systems, including—
(1) the security of computers, computer net-
works, and computer data storage used in voting
products and systems, including the Statewide voter
registration 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
(including blindness) 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 Com-
mission shall submit a report to the Committee on House
Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate 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.
(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 sys-
tems design to ensure the usability and accuracy of voting
(1) to encourage students enrolled at institu-
tions of higher education (including community col-
leges) to assist State and local governments in the
administration of elections by serving as nonpartisan
poll workers or assistants; and
(2) to encourage State and local governments to
use the services of the students participating in the
Program.
SEC. 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 stu-
dents, make grants, and take such other actions as it con-
siders appropriate to meet the purposes described in sec-
tion 301(b).
(b) REQUIREMENTS FOR GRANT RECIPIENTS.—In
making grants under the Program, the Commission shall
ensure that the funds provided are spent for projects and
activities which are carried out without partisan bias or
without promoting any particular point of view regarding
any issue, and that each recipient is governed in a bal-
anced manner which does not reflect any partisan bias.
(c) COORDINATION WITH INSTITUTIONS OF HIGHER
EDUCATION.—The Commission shall encourage institu-
tions of higher education (including community colleges)
to participate in the Program, and shall make all nec-
essary materials and other assistance (including materials
and assistance to enable the institution to hold workshops
and poll worker training sessions) available without charge
to any institution which desires to participate in the Pro-
gram.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
In addition to any funds authorized to be appro-
priated to the Commission under section 207, there are
authorized 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
succeeding fiscal year.
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 feder-
ally chartered corporation.
‘‘(b) NATURE OF FOUNDATION.—The foundation is
a charitable and nonprofit corporation and is not an agen-
cy or establishment of the United States Government.
‘‘(c) PERPETUAL EXISTENCE.—Except as otherwise
provided, the foundation has perpetual existence.
‘‘§ 152602. Purposes
‘‘(a) IN GENERAL.—The purposes of the foundation
are to—
‘‘(1) mobilize secondary school students (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
precinct 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 pur-
poses 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
ensure that each participant in its activities is governed
in a balanced manner which does not reflect any partisan
bias.
‘‘(c) CONSULTATION WITH STATE ELECTION 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 chap-
ter 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
Speaker of the House of Representatives.
‘‘(C) 2 directors shall be appointed by the mi-
nority leader of the House of Representatives.
‘‘(D) 2 directors shall be appointed by the ma-
jority 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