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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 nomi-
nees recommended by the Standards Board and
the Board of Advisors in appointing the Execu-
tive 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 nomi-
nees for the position of Executive Director
in accordance with subparagraph (A) as
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soon as practicable after the appointment
of their members.
(ii) 
INTERIM
INITIAL
APPOINT-
MENT.—Notwithstanding 
subparagraph
(B), the Commission may appoint an indi-
vidual to serve as the first Executive Di-
rector prior to the recommendation of
nominees for the position 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 pre-
vious sentence may be construed to pro-
hibit the individual serving as the first Ex-
ecutive Director from serving any addi-
tional 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
Commission may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51
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and subchapter III of chapter 53 of that title relat-
ing to classification and General Schedule pay rates,
except that an individual so appointed may not re-
ceive 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 agen-
cy may detail, on a reimbursable basis, any of the per-
sonnel 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
appropriate to make personnel available to assist the
Boards with carrying out their duties under this title (in-
cluding contracts with private individuals for providing
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temporary personnel services or the temporary detailing
of personnel of the Commission).
(e) CONSULTATION WITH BOARD OF ADVISORS AND
STANDARDS BOARD
ON CERTAIN MATTERS.—In pre-
paring the program goals, long-term plans, mission state-
ments, and related matters for the Commission, the Exec-
utive Director and staff of the Commission shall consult
with the Election Assistance Commission Board of Advi-
sors and the Election Assistance Commission Standards
Board established 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 advisable to carry out this Act. The Commission
may administer oaths and affirmations to witnesses ap-
pearing 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 Commis-
sion.
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(c) POSTAL SERVICES.—The Commission may use
the United States mails in the same manner and under
the same conditions as other departments and agencies of
the Federal Government.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Chair of the Commission, the Adminis-
trator of General Services shall provide to the Commis-
sion, on a reimbursable basis, the administrative support
services that are necessary to enable the Commission to
carry out its duties under this Act.
(e) CONTRACTS.—The Commission may contract
with and 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
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fiscal years 2002 through 2004 such sums as may be nec-
essary (but not to exceed $10,000,000 for each such year)
for the Commission 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
procedural performance standards described in section
221(a)(1), any of the voluntary standards described in sec-
tion 221(a)(4), and any of the voluntary election manage-
ment practice standards described in section 221(a)(6)
(and any modifications to such standards) which are rec-
ommended 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
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subsection (b), the Standards Board shall be com-
posed of 110 members as follows:
(A) 55 shall be State election officials se-
lected by the chief State election officials 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 of-
ficial of the State) a representative local election of-
ficial from the State for purposes of paragraph
(1)(B). In the case of the District of Columbia,
Guam, and American Samoa, the chief election offi-
cial shall establish a procedure for selecting an indi-
vidual to serve as a local election official for pur-
poses of such paragraph, except that under such a
procedure the individual selected may not be a mem-
ber of the same political party as the chief election
official.
(3) REQUIRING
MIX
OF
POLITICAL
PARTIES
REPRESENTED.—The 2 members of the Standards
Board who represent the same State may not be
members of the same political party.
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(b) PROCEDURES FOR NOTICE AND CERTIFICATION
OF APPOINTMENT.—
(1) NOTICE TO CHAIR OF FEDERAL ELECTION
COMMISSION.—Not later than 90 days after the date
of the enactment of this Act, the chief State election
official of the State shall transmit a notice to chair
of the Federal Election Commission containing—
(A) a statement that the selected State
election official agrees to serve on the Stand-
ards Board under this title; and
(B) the name of the representative local
election official from the State selected under
subsection (a)(2) who will serve on the Stand-
ards 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 selected State election official and
the representative local election official are ap-
pointed as members of the Standards Board under
this title.
(3) EFFECT
OF
FAILURE
TO
PROVIDE
NO-
TICE.—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
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paragraph, no representative from the State may
participate in the selection of the Executive Board
under subsection (c).
(4) ROLE OF COMMISSION.—Upon the appoint-
ment of the members of the Election Assistance
Commission, the Election Assistance Commission
shall carry out the duties of the Federal Election
Commission under this subsection.
(c) EXECUTIVE BOARD.—
(1) IN GENERAL.—Not later than 60 days after
the last day on which the appointment of any of its
members may be certified under subsection (b), the
Standards Board shall select 9 of its members to
serve as the Executive Board of the Standards
Board, of whom—
(A) not more than 5 may be 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 Stand-
ards Board shall serve for a term of 2 years and
may not serve for more than 3 consecutive terms.
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(3) STAGGERING OF INITIAL TERMS.—Of the
members first selected to serve on the Executive
Board of the Standards Board—
(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
assigned under this title, the Executive Board of the
Standards Board may carry out such duties of the
Standards Board as the Standards Board may 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.
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(4) 2 members appointed by the National Con-
ference of State Legislatures.
(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 Administra-
tors, 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 appointed by the Speaker of the House of Rep-
resentatives 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 minority leader of the Senate).
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(13) The chief of the Office of Public Integrity
of the Department of Justice, or the chief’s des-
ignee.
(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-
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visable to carry out this title, except that the Boards
may not issue subpoenas requiring the attendance
and testimony of witnesses or the production of any
evidence.
(2) MEETINGS.—The Standards Board and the
Board of Advisors shall each hold a meeting of its
members—
(A) not less frequently than once every
year for purposes of voting on the standards re-
ferred to it under section 223;
(B) in the case of the Standards Board,
not less frequently than once every 2 years for
purposes 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 agen-
cy shall furnish such information to the Board.
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(c) POSTAL SERVICES.—The Standards Board and
the Board of Advisors may use the United States mails
in the same manner and under the same conditions as a
department or agency of the Federal Government.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Executive Board (in the case of the
Standards Board) or the Chair (in the case of the Board
of Advisors), the Administrator of the General Services
Administration shall provide to the Board, on a reimburs-
able basis, the administrative support services that are
necessary to enable the Board to carry out its duties under
this title.
(e) NO COMPENSATION FOR SERVICE.—Members of
the Standards Board and members of the Board of Advi-
sors 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 reg-
ular 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
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respect to the liability of the Standards Board, the Board
of Advisors, and their members for acts or omissions per-
formed pursuant to and in the course of the duties and
responsibilities of the Board.
(b) EXCEPTION FOR CRIMINAL ACTS AND OTHER
WILLFUL CONDUCT.—Subsection (a) may not be con-
strued to limit personal liability for criminal acts or omis-
sions, willful or malicious misconduct, acts or omissions
for private 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
STANDARDS.
(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
performance standards for voting systems used in
Federal elections which shall meet the following re-
quirements:
(A) The scope of the standards should in-
clude security (including a documentary audit
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for non-ballot systems), the procedures for cer-
tification and decertification of software and
hardware, the assessment of usability, and oper-
ational guidelines for the proper use and main-
tenance 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
equipment, under conditions which assure pri-
vacy 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 prop-
er vote in the design and operation of the sys-
tem.
(D) New voting equipment systems cer-
tified either by the Federal government or by
any State should provide a practical and effec-
tive means for voters with physical disabilities
(including blindness) to cast a secret ballot.
(2) Maintain a clearinghouse of information on
the experiences of State and local governments in
implementing the voluntary standards described in
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paragraph (1) and in operating voting systems in
general.
(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 Handi-
capped Act (42 U.S.C. 1973ee et seq.) and compli-
ance with other Federal laws regarding accessibility
of registration facilities and polling places. Addition-
ally, in accordance with section 223, the Commission
shall develop (through the Executive Director of the
Commission), adopt, and update (not less often than
every 4 years thereafter) voluntary standards for
maintaining and enhancing the accessibility and pri-
vacy of registration facilities, polling places, and vot-
ing methods with the goal of promoting for all indi-
viduals, including the elderly and individuals with
disabilities (including blindness), 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 in-
clude in such standards voluntary guidelines regard-
ing accessibility and ease-of-use for States and units
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of local government to use when obtaining voting
equipment and selecting polling places. In carrying
out this paragraph, the Commission shall consult
with the Architectural and Transportation Barrier
Compliance Board under section 502 of the Reha-
bilitation Act of 1973 (29 U.S.C. 792) and other in-
dividuals and entities with expertise in the accessi-
bility of facilities for individuals with disabilities.
(5) Make periodic studies available to the public
regarding the election administration issues de-
scribed 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 pro-
ficiency;
(B) will yield the most accurate, secure,
and expeditious system for voting and tab-
ulating election results;
(C) will be nondiscriminatory and afford
each registered and eligible voter an equal op-
portunity to vote; and
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(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 State and local election officials to
maintain and enhance the administration of Federal
elections, including standards developed in consulta-
tion with the Secretary of Defense to govern the
treatment of absent uniformed services voters (as
defined in section 107(1) of the Uniformed and
Overseas Citizens Absentee Voting 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 serv-
ices voters and overseas voters to register to
vote and cast absentee ballots.
(C) The rights of absent uniformed serv-
ices voters and overseas voters to submit absen-
tee ballot applications early during an election
year.
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(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.
(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 vot-
ers for absentee ballots for all Federal elections
occurring during a year.
(I) The use of a single application for voter
registration and absentee ballots by absent uni-
formed services voters and overseas voters.
(J) The use of facsimile machines and elec-
tronic means of transmission of absentee ballot
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applications and absentee ballots to absent uni-
formed services voters and overseas voters.
(K) Other issues related to the rights of
absent 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.
(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
procedures in Federal elections, through bipartisan
panels of election professionals assembled by the
Commission 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 clear-
inghouse concerning issues relating to Federal,
State, and local elections.
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(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
elections for Federal office.
(3) Current and alternate methods of voter reg-
istration, maintaining secure and accurate lists of
registered voters (including the establishment of a
centralized, interactive, statewide voter registration
list linked to relevant agencies and all polling sites),
and ensuring that all registered voters appear on the
polling list at the appropriate polling site.
(4) Current and alternate methods of con-
ducting 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 pro-
ficiency.
(6) Current and alternate methods of voter reg-
istration for members of the uniformed services and
overseas voters, and methods of ensuring that such
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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
voting, the operation of voting mechanisms, the loca-
tion of polling places, and all other aspects of par-
ticipating 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 estab-
lishing 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
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its duties under this subtitle in consultation with the
Standards Board and the Board of Advisors.
SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COM-
MITTEE.
(a) ESTABLISHMENT.—There is hereby established
the Technical Standards Development Committee (here-
after in this subtitle referred to as the ‘‘Development Com-
mittee’’).
(b) DUTIES.—
(1) IN GENERAL.—The Development Committee
shall assist the Executive Director of the Commis-
sion in the development of voluntary standards
under this subtitle by recommending standards (and
modifications to standards) to ensure the usability,
accuracy, security, accessibility, and integrity of vot-
ing 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 Com-
mission not later than 9 months after all of its mem-
bers have been appointed.
(c) MEMBERSHIP.—
(1) IN GENERAL.—The Development Committee
shall be composed of the Director of the National
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Institute of Standards and Technology (who shall
serve as its chair), together with a group of 14 other
individuals 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 Advi-
sors.
(iii) Members of the Architectural and
Transportation Barrier Compliance Board
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 conduct any business prior to the appoint-
ment of all of its members.
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(d) NO COMPENSATION FOR SERVICE.—Members of
the Development Committee shall not receive any com-
pensation for their service, but shall be paid travel ex-
penses, 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 Development Committee.
(e) TECHNICAL SUPPORT FROM NATIONAL INSTI-
TUTE OF STANDARDS AND TECHNOLOGY.—At the request
of the Development Committee, the Director of the Na-
tional Institute of Standards and Technology shall provide
the Development Committee with technical support nec-
essary for the Development Committee to carry out its du-
ties under this subtitle.
(f) PUBLICATION OF RECOMMENDATIONS IN FED-
ERAL REGISTER.—At the time the Commission adopts any
standard pursuant to section 223, the Development Com-
mittee shall cause to have published in the Federal Reg-
ister the recommendations it provided under this section
to the Executive Director of the Commission concerning
the standard adopted.
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SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STAND-
ARDS.
(a) CONSIDERATION OF RECOMMENDATIONS OF DE-
VELOPMENT COMMITTEE; SUBMISSION
OF PROPOSED
VOLUNTARY STANDARDS TO BOARD OF ADVISORS AND
STANDARDS BOARD.—
(1) CONSIDERATION OF RECOMMENDATIONS OF
DEVELOPMENT
COMMITTEE.—In developing stand-
ards and modifications for purposes of this section,
the Executive 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 Di-
rector 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 man-
agement practice standards (described in section
221(a)(6)) developed by the Executive Director (or
any modifications to such standards) to the Board
of Advisors.
(3) STANDARDS BOARD.—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 man-
agement practice standards (described in section
221(a)(6)) developed by the Executive Director (or
any modifications to such standards) to the Execu-
tive Board of the Standards Board, who shall review
the standard (or modification) and forward its rec-
ommendations to the Standards Board.
(b) REVIEW.—Upon receipt of a voluntary standard
described in subsection (a) (or modification of such a
standard) from the Executive Director of the Commission,
the Board of Advisors and the Standards Board shall each
review and submit comments and recommendations re-
garding the standard (or modification) to the Commission.
(c) FINAL APPROVAL.—
(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
members of the Commission vote to approve the
final adoption of the standard (or modification), tak-
ing into consideration the comments and rec-
ommendations submitted by the Board of Advisors
and the Standards Board under subsection (b).
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(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
modification of such a standard) until the expiration
of the 90-day period which begins on the date the
Executive 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 pro-
vide for the testing, certification, decertification, and
recertification of voting system hardware and soft-
ware by accredited laboratories.
(2) OPTIONAL USE BY STATES.—At the option
of a State, the State may provide for the testing,
certification, decertification, or recertification of its
voting system hardware and software by the labora-
tories accredited by the Commission under this sec-
tion.
(b) LABORATORY ACCREDITATION.—
(1) RECOMMENDATIONS
BY
NATIONAL
INSTI-
TUTE OF STANDARDS AND TECHNOLOGY.—Not later
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than 6 months after the Commission first adopts
voluntary engineering and procedural performance
standards under this subtitle, the Director of the
National Institute of Standards and Technology
shall conduct an evaluation of independent, non-Fed-
eral 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 pur-
poses of this section unless its accreditation is ap-
proved by a majority vote of the members of the
Commission.
(c) CONTINUING REVIEW BY NATIONAL INSTITUTE
OF STANDARDS AND TECHNOLOGY.—
(1) IN
GENERAL.—In cooperation with the
Commission and in consultation with the Standards
Board and the Board of Advisors, the Director of
the National Institute of Standards and Technology
shall monitor and review, on an ongoing basis, the
performance of the laboratories accredited by the
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Commission under this section, and shall make such
recommendations to the Commission as it considers
appropriate with respect to the continuing accredita-
tion of such laboratories, including recommendations
to revoke 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
members of the Commission.
SEC. 225. DISSEMINATION OF INFORMATION.
On an ongoing basis, the Commission shall dissemi-
nate to the public (through the Internet, published re-
ports, and such other methods as the Commission con-
siders appropriate) information on the activities carried
out under this subtitle, including—
(1) the voluntary election standards adopted by
the Commission, together with guidelines for apply-
ing the standards and other information to assist in
their implementation;
(2) the list of laboratories accredited to carry
out testing, certification, decertification, and recer-
tification of voting system hardware and software
under section 224; and
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(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
subtitle.
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
requirements 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.
(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.
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(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 (including blindness).
(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
respect to any matter as a condition for receiving an Elec-
tion Fund payment.
(d) SCHEDULE OF PAYMENTS.—As soon as prac-
ticable after all members of the Commission are appointed
(but in no event later than 6 months thereafter), and not
less frequently than once each calendar year thereafter,
the Commission shall make Election Fund payments to
States under this part.
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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).
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(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.
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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 (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
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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-
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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
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(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-
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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).
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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-
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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.
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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.—
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(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
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(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
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products and systems, including methods to improve ac-
cess for individuals with disabilities (including blindness)
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
require 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.
TITLE III—HELP AMERICA VOTE
COLLEGE PROGRAM
SEC. 301. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 1 year after the
appointment of its members, the Election Assistance Com-
mission 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
Program shall be—
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(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-
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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.
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‘‘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-
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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
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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
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months before a general Federal election month, such sur-
veys shall be conducted weekly.
‘‘(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 post-
mark 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 en-
sure the timely transmittal and postmarking of voting ma-
terials and identifying the persons responsible for imple-
menting 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 rea-
sonably be expected to be timely delivered to the appro-
priate State and local election officials.
110
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mission the authority to carry out activities inconsistent
with such Acts.
Passed the House of Representatives December 12,
2001.
Attest:
JEFF TRANDAHL,
Clerk.