[DOCID: f:publ252.107]

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                      HELP AMERICA VOTE ACT OF 2002

[[Page 116 STAT. 1666]]

Public Law 107-252
107th Congress

                                 An Act


 
To establish a program to provide funds to States to replace punch card 
   voting systems, to establish the Election Assistance Commission to 
   assist in the administration of Federal elections and to otherwise 
 provide assistance with the administration of certain Federal election 
    laws and programs, 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. <<NOTE: Oct. 29, 2002 -  [H.R. 3295]>> 

    Be it enacted by the Senate and House of <<NOTE: Help America Vote 
Act of 2002.>> Representatives of the United States of America in 
Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 42 USC 15301 note.>> Title.--This Act may be cited 
as the ``Help America Vote Act of 2002''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

TITLE I--PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND 
           REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES

Sec. 101. Payments to States for activities to improve administration of 
           elections.
Sec. 102. Replacement of punch card or lever voting machines.
Sec. 103. Guaranteed minimum payment amount.
Sec. 104. Authorization of appropriations.
Sec. 105. Administration of programs.
Sec. 106. Effective date.

                          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. Dissemination of information.
Sec. 207. Annual report.
Sec. 208. Requiring majority approval for actions.
Sec. 209. Limitation on rulemaking authority.
Sec. 210. Authorization of appropriations.

  Part 2--Election Assistance Commission Standards Board and Board of 
                                Advisors

Sec. 211. Establishment.
Sec. 212. Duties.
Sec. 213. Membership of Standards Board.
Sec. 214. Membership of Board of Advisors.
Sec. 215. Powers of Boards; no compensation for service.
Sec. 216. Status of Boards and members for purposes of claims against 
           Board.

[[Page 116 STAT. 1667]]

           Part 3--Technical Guidelines Development Committee

Sec. 221. Technical Guidelines Development Committee.
Sec. 222. Process for adoption.

Subtitle B--Testing, Certification, Decertification, and Recertification 
                 of Voting System Hardware and Software

Sec. 231. Certification and testing of voting systems.

     Subtitle C--Studies and Other Activities To Promote Effective 
                   Administration of Federal Elections

Sec. 241. Periodic studies of election administration issues.
Sec. 242. Study, report, and recommendations on best practices for 
           facilitating military and overseas voting.
Sec. 243. Report on human factor research.
Sec. 244. Study and report on voters who register by mail and use of 
           social security information.
Sec. 245. Study and report on electronic voting and the electoral 
           process.
Sec. 246. Study and report on free absentee ballot postage.
Sec. 247. Consultation with Standards Board and Board of Advisors.

                     Subtitle D--Election Assistance

                      Part 1--Requirements Payments

Sec. 251. Requirements payments.
Sec. 252. Allocation of funds.
Sec. 253. Condition for receipt of funds.
Sec. 254. State plan.
Sec. 255. Process for development and filing of plan; publication by 
           Commission.
Sec. 256. Requirement for public notice and comment.
Sec. 257. Authorization of appropriations.
Sec. 258. Reports.

   Part 2--Payments to States and Units of Local Government To Assure 
                Access for Individuals With Disabilities

Sec. 261. Payments to States and units of local government to assure 
           access for individuals with disabilities.
Sec. 262. Amount of payment.
Sec. 263. Requirements for eligibility.
Sec. 264. Authorization of appropriations.
Sec. 265. Reports.

      Part 3--Grants for Research on Voting Technology Improvements

Sec. 271. Grants for research on voting technology improvements.
Sec. 272. Report.
Sec. 273. Authorization of appropriations.

      Part 4--Pilot Program for Testing of Equipment and Technology

Sec. 281. Pilot program.
Sec. 282. Report.
Sec. 283. Authorization of appropriations.

                 Part 5--Protection and Advocacy Systems

Sec. 291. Payments for protection and advocacy systems.
Sec. 292. Authorization of appropriations.

            Part 6--National Student and Parent Mock Election

Sec. 295. National Student and Parent Mock Election.
Sec. 296. Authorization of appropriations.

    TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND 
                       ADMINISTRATION REQUIREMENTS

                        Subtitle A--Requirements

Sec. 301. Voting systems standards.
Sec. 302. Provisional voting and voting information requirements.
Sec. 303. Computerized statewide voter registration list requirements 
           and requirements for voters who register by mail.
Sec. 304. Minimum requirements.

[[Page 116 STAT. 1668]]

Sec. 305. Methods of implementation left to discretion of State.

                     Subtitle B--Voluntary Guidance

Sec. 311. Adoption of voluntary guidance by Commission.
Sec. 312. Process for adoption.

                          TITLE IV--ENFORCEMENT

Sec. 401. Actions by the Attorney General for declaratory and injunctive 
           relief.
Sec. 402. Establishment of State-based administrative complaint 
           procedures to remedy grievances.

               TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

Sec. 501. Establishment of program.
Sec. 502. Activities under program.
Sec. 503. Authorization of appropriations.

                 TITLE VI--HELP AMERICA VOTE FOUNDATION

Sec. 601. Help America Vote Foundation.

   TITLE VII--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS

Sec. 701. Voting assistance programs.
Sec. 702. Designation of single State office to provide information on 
           registration and absentee ballots for all voters in State.
Sec. 703. Report on absentee ballots transmitted and received after 
           general elections.
Sec. 704. Extension of period covered by single absentee ballot 
           application.
Sec. 705. Additional duties of Presidential designee under Uniformed and 
           Overseas Citizens Absentee Voting Act.
Sec. 706. Prohibition of refusal of voter registration and absentee 
           ballot applications on grounds of early submission.
Sec. 707. Other requirements to promote participation of overseas and 
           absent uniformed services voters.

                    TITLE VIII--TRANSITION PROVISIONS

   Subtitle A--Transfer to Commission of Functions Under Certain Laws

Sec. 801. Federal Election Campaign Act of 1971.
Sec. 802. National Voter Registration Act of 1993.
Sec. 803. Transfer of property, records, and personnel.
Sec. 804. Effective date; transition.

   Subtitle B--Coverage of Commission Under Certain Laws and Programs

Sec. 811. Treatment of Commission personnel under certain civil service 
           laws.
Sec. 812. Coverage under Inspector General Act of 1978.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. State defined.
Sec. 902. Audits and repayment of funds.
Sec. 903. Clarification of ability of election officials to remove 
           registrants from official list of voters on grounds of change 
           of residence.
Sec. 904. Review and report on adequacy of existing electoral fraud 
           statutes and penalties.
Sec. 905. Other criminal penalties.
Sec. 906. No effect on other laws.

TITLE I--PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND 
           REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES

SEC. 101. <<NOTE: 42 USC 15301.>> PAYMENTS TO STATES FOR ACTIVITIES TO 
            IMPROVE ADMINISTRATION OF ELECTIONS.

    (a) In <<NOTE: Deadlines. Notification.>> General.--Not later than 
45 days after the date of the enactment of this Act, the Administrator 
of General Services

[[Page 116 STAT. 1669]]

(in this title referred to as the ``Administrator'') shall establish a 
program under which the Administrator shall make a payment to each State 
in which the chief executive officer of the State, or designee, in 
consultation and coordination with the chief State election official, 
notifies the Administrator not later than 6 months after the date of the 
enactment of this Act that the State intends to use the payment in 
accordance with this section.

    (b) Use of Payment.--
            (1) In general.--A State shall use the funds provided under 
        a payment made under this section to carry out one or more of 
        the following activities:
                    (A) Complying with the requirements under title III.
                    (B) Improving the administration of elections for 
                Federal office.
                    (C) Educating voters concerning voting procedures, 
                voting rights, and voting technology.
                    (D) Training election officials, poll workers, and 
                election volunteers.
                    (E) Developing the State plan for requirements 
                payments to be submitted under part 1 of subtitle D of 
                title II.
                    (F) Improving, acquiring, leasing, modifying, or 
                replacing voting systems and technology and methods for 
                casting and counting votes.
                    (G) Improving the accessibility and quantity of 
                polling places, including providing physical access for 
                individuals with disabilities, providing nonvisual 
                access for individuals with visual impairments, and 
                providing assistance to Native Americans, Alaska Native 
                citizens, and to individuals with limited proficiency in 
                the English language.
                    (H) Establishing toll-free telephone hotlines that 
                voters may use to report possible voting fraud and 
                voting rights violations, to obtain general election 
                information, and to access detailed automated 
                information on their own voter registration status, 
                specific polling place locations, and other relevant 
                information.
            (2) Limitation.--A State may not use the funds provided 
        under a payment made under this section--
                    (A) to pay costs associated with any litigation, 
                except to the extent that such costs otherwise 
                constitute permitted uses of a payment under this 
                section; or
                    (B) for the payment of any judgment.

    (c) Use of Funds To Be Consistent With Other Laws and 
Requirements.--In order to receive a payment under the program under 
this section, the State shall provide the Administrator with 
certifications that--
            (1) the State will use the funds provided under the payment 
        in a manner that is consistent with each of the laws described 
        in section 906, as such laws relate to the provisions of this 
        Act; and
            (2) the proposed uses of the funds are not inconsistent with 
        the requirements of title III.

    (d) Amount of Payment.--
            (1) In general.--Subject to section 103(b), the amount of 
        payment made to a State under this section shall be the minimum 
        payment amount described in paragraph (2) plus

[[Page 116 STAT. 1670]]

        the voting age population proportion amount described in 
        paragraph (3).
            (2) Minimum payment amount.--The minimum payment amount 
        described in this paragraph is--
                    (A) in the case of any of the several States or the 
                District of Columbia, one-half of 1 percent of the 
                aggregate amount made available for payments under this 
                section; and
                    (B) in the case of the Commonwealth of Puerto Rico, 
                Guam, American Samoa, or the United States Virgin 
                Islands, one-tenth of 1 percent of such aggregate 
                amount.
            (3) Voting age population proportion amount.--The voting age 
        population proportion amount described in this paragraph is the 
        product of--
                    (A) the aggregate amount made available for payments 
                under this section minus the total of all of the minimum 
                payment amounts determined under paragraph (2); and
                    (B) the voting age population proportion for the 
                State (as defined in paragraph (4)).
            (4) Voting age population proportion defined.--The term 
        ``voting age population proportion'' means, with respect to a 
        State, the amount equal to the quotient of--
                    (A) the voting age population of the State (as 
                reported in the most recent decennial census); and
                    (B) the total voting age population of all States 
                (as reported in the most recent decennial census).

SEC. 102. <<NOTE: 42 USC 15302.>> REPLACEMENT OF PUNCH CARD OR LEVER 
            VOTING MACHINES.

    (a) Establishment of Program.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 45 days 
        after the date of the enactment of this Act, the Administrator 
        shall establish a program under which the Administrator shall 
        make a payment to each State eligible under subsection (b) in 
        which a precinct within that State used a punch card voting 
        system or a lever voting system to administer the regularly 
        scheduled general election for Federal office held in November 
        2000 (in this section referred to as a ``qualifying precinct'').
            (2) Use of funds.--A State shall use the funds provided 
        under a payment under this section (either directly or as 
        reimbursement, including as reimbursement for costs incurred on 
        or after January 1, 2001, under multiyear contracts) to replace 
        punch card voting systems or lever voting systems (as the case 
        may be) in qualifying precincts within that State with a voting 
        system (by purchase, lease, or such other arrangement as may be 
        appropriate) that--
                    (A) does not use punch cards or levers;
                    (B) is not inconsistent with the requirements of the 
                laws described in section 906; and
                    (C) meets the requirements of section 301.
            (3) Deadline.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a State receiving a payment under the program under 
                this section shall ensure that all of the punch card 
                voting systems or lever voting systems in the qualifying 
                precincts

[[Page 116 STAT. 1671]]

                within that State have been replaced in time for the 
                regularly scheduled general election for Federal office 
                to be held in November 2004.
                    (B) Waiver.--If a State certifies to the 
                Administrator not later than January 1, 2004, that the 
                State will not meet the deadline described in 
                subparagraph (A) for good cause and includes in the 
                certification the reasons for the failure to meet such 
                deadline, the State shall ensure that all of the punch 
                card voting systems or lever voting systems in the 
                qualifying precincts within that State will be replaced 
                in time for the first election for Federal office held 
                after January 1, 2006.

    (b) Eligibility.--
            (1) In general.--A State is eligible to receive a payment 
        under the program under this section if it submits to the 
        Administrator a notice not later than the date that is 6 months 
        after the date of the enactment of this Act (in such form as the 
        Administrator may require) that contains--
                    (A) certifications that the State will use the 
                payment (either directly or as reimbursement, including 
                as reimbursement for costs incurred on or after January 
                1, 2001, under multiyear contracts) to replace punch 
                card voting systems or lever voting systems (as the case 
                may be) in the qualifying precincts within the State by 
                the deadline described in subsection (a)(3);
                    (B) certifications that the State will continue to 
                comply with the laws described in section 906;
                    (C) certifications that the replacement voting 
                systems will meet the requirements of section 301; and
                    (D) such other information and certifications as the 
                Administrator may require which are necessary for the 
                administration of the program.
            (2) Compliance of states that require changes to state 
        law.--In the case of a State that requires State legislation to 
        carry out an activity covered by any certification submitted 
        under this subsection, the State shall be permitted to make the 
        certification notwithstanding that the legislation has not been 
        enacted at the time the certification is submitted and such 
        State shall submit an additional certification once such 
        legislation is enacted.

    (c) Amount of Payment.--
            (1) In general.--Subject to paragraph (2) and section 
        103(b), the amount of payment made to a State under the program 
        under this section shall be equal to the product of--
                    (A) the number of the qualifying precincts within 
                the State; and
                    (B) $4,000.
            (2) Reduction.--If the amount of funds appropriated pursuant 
        to the authority of section 104(a)(2) is insufficient to ensure 
        that each State receives the amount of payment calculated under 
        paragraph (1), the Administrator shall reduce the amount 
        specified in paragraph (1)(B) to ensure that the entire amount 
        appropriated under such section is distributed to the States.

    (d) Repayment of Funds for Failure To Meet Deadlines.--
            (1) In general.--If a State receiving funds under the 
        program under this section fails to meet the deadline applicable

[[Page 116 STAT. 1672]]

        to the State under subsection (a)(3), the State shall pay to the 
        Administrator an amount equal to the noncompliant precinct 
        percentage of the amount of the funds provided to the State 
        under the program.
            (2) Noncompliant precinct percentage defined.--In this 
        subsection, the term ``noncompliant precinct percentage'' means, 
        with respect to a State, the amount (expressed as a percentage) 
        equal to the quotient of--
                    (A) the number of qualifying precincts within the 
                State for which the State failed to meet the applicable 
                deadline; and
                    (B) the total number of qualifying precincts in the 
                State.

    (e) Punch Card Voting System Defined.--For purposes of this section, 
a ``punch card voting system'' includes 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.

SEC. 103. <<NOTE: 42 USC 15303.>> GUARANTEED MINIMUM PAYMENT AMOUNT.

    (a) In General.--In addition to any other payments made under this 
title, the Administrator shall make a payment to each State to which a 
payment is made under either section 101 or 102 and with respect to 
which the aggregate amount paid under such sections is less than 
$5,000,000 in an amount equal to the difference between the aggregate 
amount paid to the State under sections 101 and 102 and $5,000,000. In 
the case of the Commonwealth of Puerto Rico, Guam, American Samoa, and 
the United States Virgin Islands, the previous sentence shall be applied 
as if each reference to ``$5,000,000'' were a reference to 
``$1,000,000''.
    (b) Pro Rata Reductions.--The Administrator shall make such pro rata 
reductions to the amounts described in sections 101(d) and 102(c) as are 
necessary to comply with the requirements of subsection (a).

SEC. 104. <<NOTE: 42 USC 15304.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for 
payments under this title $650,000,000, of which--
            (1) 50 percent shall be for payments under section 101; and
            (2) 50 percent shall be for payments under section 102.

    (b) Continuing Availability of Funds After Appropriation.--Any 
payment made to a State under this title shall be available to the State 
without fiscal year limitation (subject to subsection (c)(2)(B)).
    (c) Use of Returned Funds and Funds Remaining Unexpended for 
Requirements Payments.--
            (1) In general.--The amounts described in paragraph (2) 
        shall be transferred to the Election Assistance Commission 
        (established under title II) and used by the Commission to make 
        requirements payments under part 1 of subtitle D of title II.

[[Page 116 STAT. 1673]]

            (2) Amounts described.--The amounts referred to in this 
        paragraph are as follows:
                    (A) Any amounts paid to the Administrator by a State 
                under section 102(d)(1).
                    (B) Any amounts appropriated for payments under this 
                title which remain unobligated as of September 1, 2003.

    (d) Deposit of Amounts in State Election Fund.--When a State has 
established an election fund described in section 254(b), the State 
shall ensure that any funds provided to the State under this title are 
deposited and maintained in such fund.
    (e) Authorization of Appropriations for Administrator.--In addition 
to the amounts authorized under subsection (a), there are authorized to 
be appropriated to the Administrator such sums as may be necessary to 
administer the programs under this title.

SEC. 105. <<NOTE: 42 USC 15305.>> ADMINISTRATION OF PROGRAMS.

    In administering the programs under this title, the Administrator 
shall take such actions as the Administrator considers appropriate to 
expedite the payment of funds to States.

SEC. 106. <<NOTE: Deadline. 42 USC 15306.>> EFFECTIVE DATE.

    The Administrator shall implement the programs established under 
this title in a manner that ensures that the Administrator is able to 
make payments under the program not later than the expiration of the 45-
day period which begins on the date of the enactment of this Act.

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

                 PART 1--ELECTION ASSISTANCE COMMISSION

SEC. 201. <<NOTE: 42 USC 15321.>> ESTABLISHMENT.

    There is hereby established as an independent entity the Election 
Assistance Commission (hereafter in this title referred to as the 
``Commission''), consisting of the members appointed under this part. 
Additionally, there is established the Election Assistance Commission 
Standards Board (including the Executive Board of such Board) and the 
Election Assistance Commission Board of Advisors under part 2 (hereafter 
in this part referred to as the ``Standards Board'' and the ``Board of 
Advisors'', respectively) and the Technical Guidelines Development 
Committee under part 3.

SEC. 202. <<NOTE: 42 USC 15322.>> DUTIES.

    The Commission shall serve as a national clearinghouse 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 part 3 (relating to 
        the adoption of voluntary voting system guidelines), including 
        the maintenance of a clearinghouse of information on the 
        experiences of State and local governments in implementing the 
        guidelines and in operating voting systems in general;

[[Page 116 STAT. 1674]]

            (2) carrying out the duties described in subtitle B 
        (relating to the testing, certification, decertification, and 
        recertification of voting system hardware and software);
            (3) carrying out the duties described in subtitle C 
        (relating to conducting studies and carrying out other 
        activities to promote the effective administration of Federal 
        elections);
            (4) carrying out the duties described in subtitle D 
        (relating to election assistance), and providing information and 
        training on the management of the payments and grants provided 
        under such subtitle;
            (5) carrying out the duties described in subtitle B of title 
        III (relating to the adoption of voluntary guidance); and
            (6) developing and carrying out the Help America Vote 
        College Program under title V.

SEC. 203. <<NOTE: 42 USC 15323.>> MEMBERSHIP AND APPOINTMENT.

    (a) Membership.--
            (1) In <<NOTE: President.>> general.--The Commission shall 
        have four members appointed by the President, by and with the 
        advice and consent of the Senate.
            (2) Recommendations.--Before the initial appointment of the 
        members of the Commission and before the appointment of any 
        individual to fill a vacancy on the Commission, the Majority 
        Leader of the Senate, the Speaker of the House of 
        Representatives, the Minority Leader of the Senate, and the 
        Minority Leader of the House of Representatives shall each 
        submit to the President a candidate recommendation with respect 
        to each vacancy on the Commission affiliated with the political 
        party of the Member of Congress involved.
            (3) Qualifications.--Each member of the Commission shall 
        have experience with or expertise in election administration or 
        the study of elections.
            (4) Date of <<NOTE: Deadline.>> appointment.--The 
        appointments of the members of the Commission shall be made not 
        later than 120 days after the date of the enactment of this Act.

    (b) Term of Service.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), members shall serve for a term of 4 years and may be 
        reappointed for not more than one additional term.
            (2) Terms of initial appointees.--As designated by the 
        President at the time of nomination, of the members first 
        appointed--
                    (A) two of the members (not more than one of whom 
                may be affiliated with the same political party) shall 
                be appointed for a term of 2 years; and
                    (B) two of the members (not more than one of whom 
                may be affiliated with the same political party) shall 
                be appointed for a term of 4 years.
            (3) Vacancies.--
                    (A) In general.--A vacancy on the Commission shall 
                be filled in the manner in which the original 
                appointment was made and shall be subject to any 
                conditions which applied with respect to the original 
                appointment.
                    (B) Expired terms.--A member of the Commission shall 
                serve on the Commission after the expiration of the 
                member's term until the successor of such member has 
                taken office as a member of the Commission.

[[Page 116 STAT. 1675]]

                    (C) Unexpired terms.--An individual appointed to 
                fill a vacancy shall be appointed for the unexpired term 
                of the member replaced.

    (c) Chair and Vice Chair.--
            (1) In general.--The Commission shall select a chair and 
        vice chair from among its members for a term of 1 year, except 
        that the chair and vice chair may not be affiliated with the 
        same political party.
            (2) Number of terms.--A member of the Commission may serve 
        as the chairperson and vice chairperson for only 1 term each 
        during the term of office to which such member is appointed.

    (d) Compensation.--
            (1) In general.--Each member of the Commission shall be 
        compensated at the annual rate of basic pay prescribed for level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code.
            (2) Other activities.--No member appointed to the Commission 
        under subsection (a) may engage in any other business, vocation, 
        or employment while serving as a member of the Commission and 
        shall terminate or liquidate such business, vocation, or 
        employment before sitting as a member of the Commission.

SEC. 204. <<NOTE: 42 USC 15324.>> STAFF.

    (a) Executive Director, General Counsel, and Other Staff.--
            (1) Executive director.--The Commission shall have an 
        Executive Director, who shall be paid at a rate not to exceed 
        the rate of basic pay for level V of the Executive Schedule 
        under section 5316 of title 5, United States Code.
            (2) Term of service for executive director.--The Executive 
        Director shall serve for a term of 4 years. An Executive 
        Director may serve for a longer period only if reappointed for 
        an additional term or terms by a vote of the Commission.
            (3) Procedure for appointment.--
                    (A) In general.--When a vacancy exists in the 
                position of the Executive Director, the Standards Board 
                and the Board of Advisors shall each appoint a search 
                committee to recommend at least three nominees for the 
                position.
                    (B) Requiring consideration of nominees.--Except as 
                provided in subparagraph (C), the Commission shall 
                consider the nominees recommended by the Standards Board 
                and the Board of Advisors in appointing the Executive 
                Director.
                    (C) Interim service of general counsel.--If a 
                vacancy exists in the position of the Executive 
                Director, the General Counsel of the Commission shall 
                serve as the acting Executive Director until the 
                Commission appoints a new Executive Director in 
                accordance with this paragraph.
                    (D) Special rules for interim executive director.--
                          (i) Convening of search committees.--The 
                      Standards Board and the Board of Advisors shall 
                      each appoint a search committee and recommend 
                      nominees for the position of Executive Director in 
                      accordance

[[Page 116 STAT. 1676]]

                      with subparagraph (A) as soon as practicable after 
                      the appointment of their members.
                          (ii) Interim initial appointment.--
                      Notwithstanding subparagraph (B), the Commission 
                      may appoint an individual to serve as an interim 
                      Executive Director 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 previous sentence may be 
                      construed to prohibit the individual serving as 
                      the interim Executive Director from serving any 
                      additional term.
            (4) General counsel.--The Commission shall have a General 
        Counsel, who shall be appointed by the Commission and who shall 
        serve under the Executive Director. The General Counsel shall 
        serve for a term of 4 years, and may serve for a longer period 
        only if reappointed for an additional term or terms by a vote of 
        the Commission.
            (5) Other staff.--Subject to rules prescribed by the 
        Commission, the Executive Director may appoint and fix the pay 
        of such additional personnel as the Executive Director considers 
        appropriate.
            (6) Applicability of certain civil service laws.--The 
        Executive Director, General Counsel, 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 and subchapter III of chapter 53 of that title 
        relating to classification and General Schedule pay rates, 
        except that an individual so appointed may not receive pay in 
        excess of the annual rate of basic pay for level V of the 
        Executive Schedule under section 5316 of that title.

    (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, by a vote of the Commission.
    (c) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.
    (d) Arranging for Assistance for Board of Advisors and Standards 
Board.--At the request of the Board of Advisors or the Standards Board, 
the Commission may enter into such arrangements as the Commission 
considers appropriate to make personnel available to assist the Boards 
with carrying out their duties under this title (including contracts 
with private individuals for providing temporary personnel services or 
the temporary detailing of personnel of the Commission).
    (e) Consultation With Board of Advisors and Standards Board on 
Certain Matters.--In preparing the program goals, long-term plans, 
mission statements, and related matters for the Commission, the 
Executive Director and staff of the Commission shall consult with the 
Board of Advisors and the Standards Board.

[[Page 116 STAT. 1677]]

SEC. 205. <<NOTE: 42 USC 15325.>> 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 appearing before the Commission.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this Act. Upon request of 
the Commission, the head of such department or agency shall furnish such 
information to the Commission.
    (c) Postal Services.--The Commission may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (d) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support services 
that are necessary to enable the Commission to carry out its 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. <<NOTE: 42 USC 15326.>> DISSEMINATION OF INFORMATION.

    In carrying out its duties, the Commission shall, on an ongoing 
basis, disseminate to the public (through the Internet, published 
reports, and such other methods as the Commission considers appropriate) 
in a manner that is consistent with the requirements of chapter 19 of 
title 44, United States Code, information on the activities carried out 
under this Act.

SEC. 207. <<NOTE: 42 USC 15327.>> ANNUAL REPORT.

    Not <<NOTE: Deadline.>> later than January 31 of each year 
(beginning with 2004), the Commission 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 detailing its 
activities during the fiscal year which ended on September 30 of the 
previous calendar year, and shall include in the report the following 
information:
            (1) A detailed description of activities conducted with 
        respect to each program carried out by the Commission under this 
        Act, including information on each grant or other payment made 
        under such programs.
            (2) A copy of each report submitted to the Commission by a 
        recipient of such grants or payments which is required under 
        such a program, including reports submitted by States receiving 
        requirements payments under part 1 of subtitle D, and each other 
        report submitted to the Commission under this Act.
            (3) Information on the voluntary voting system guidelines 
        adopted or modified by the Commission under part 3 and 
        information on the voluntary guidance adopted under subtitle B 
        of title III.
            (4) All votes taken by the Commission.

[[Page 116 STAT. 1678]]

            (5) Such other information and recommendations as the 
        Commission considers appropriate.

SEC. 208. <<NOTE: 42 USC 15328.>> REQUIRING MAJORITY APPROVAL FOR 
            ACTIONS.

    Any action which the Commission is authorized to carry out under 
this Act may be carried out only with the approval of at least three of 
its members.

SEC. 209. <<NOTE: 42 USC 15329.>> LIMITATION ON RULEMAKING AUTHORITY.

    The Commission shall not have any authority to issue any rule, 
promulgate any regulation, or take any other action which imposes any 
requirement on any State or unit of local government, except to the 
extent permitted under section 9(a) of the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg-7(a)).

SEC. 210. <<NOTE: 42 USC 15330.>> AUTHORIZATION OF APPROPRIATIONS.

    In addition to the amounts authorized for payments and grants under 
this title and the amounts authorized to be appropriated for the program 
under section 503, there are authorized to be appropriated for each of 
the fiscal years 2003 through 2005 such sums as may be necessary (but 
not to exceed $10,000,000 for each such year) for the Commission to 
carry out this title.

  PART 2--ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF 
                                ADVISORS

SEC. 211. <<NOTE: 42 USC 15341.>> ESTABLISHMENT.

    There are hereby established the Election Assistance Commission 
Standards Board (hereafter in this title referred to as the ``Standards 
Board'') and the Election Assistance Commission Board of Advisors 
(hereafter in this title referred to as the ``Board of Advisors'').

SEC. 212. <<NOTE: 42 USC 15342.>> DUTIES.

    The Standards Board and the Board of Advisors shall each, in 
accordance with the procedures described in part 3, review the voluntary 
voting system guidelines under such part, the voluntary guidance under 
title III, and the best practices recommendations contained in the 
report submitted under section 242(b).

SEC. 213. <<NOTE: 42 USC 15343.>> MEMBERSHIP OF STANDARDS BOARD.

    (a) Composition.--
            (1) In general.--Subject to certification by the chair of 
        the Federal Election Commission under subsection (b), the 
        Standards Board shall be composed of 110 members as follows:
                    (A) Fifty-five shall be State election officials 
                selected by the chief State election official of each 
                State.
                    (B) Fifty-five shall be local election officials 
                selected in accordance with paragraph (2).
            (2) List of local election officials.--Each State's local 
        election officials, including the local election officials of 
        Puerto Rico and the United States Virgin Islands, shall select 
        (under a process supervised by the chief election official of 
        the State) a representative local election official from the 
        State for purposes of paragraph (1)(B). In the case of the 
        District of Columbia, Guam, and American Samoa, the chief 
        election official shall establish a procedure for selecting an 
        individual to serve as a local election official for purposes of 
        such paragraph,

[[Page 116 STAT. 1679]]

        except that under such a procedure the individual selected may 
        not be a member of the same political party as the chief 
        election official.
            (3) Requiring mix of political parties represented.--The two 
        members of the Standards Board who represent the same State may 
        not be members of the same political party.

    (b) Procedures for Notice and Certification of Appointment.--
            (1) Notice <<NOTE: Deadline.>> 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 the chair of the Federal 
        Election Commission containing--
                    (A) the name of the State election official who 
                agrees to serve on the Standards Board under this title; 
                and
                    (B) the name of the representative local election 
                official from the State selected under subsection (a)(2) 
                who agrees to serve on the Standards Board under this 
                title.
            (2) <<NOTE: Publication.>>  Certification.--Upon receiving a 
        notice from a State under paragraph (1), the chair of the 
        Federal Election Commission shall publish a certification that 
        the selected State election official and the representative 
        local election official are appointed as members of the 
        Standards Board under this title.
            (3) Effect of failure to provide notice.--If a State does 
        not transmit a notice to the chair of the Federal Election 
        Commission under paragraph (1) within the deadline described in 
        such paragraph, no representative from the State may participate 
        in the selection of the initial Executive Board under subsection 
        (c).
            (4) Role of commission.--Upon the appointment 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) <<NOTE: Deadline.>>  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 nine of its members to serve as the Executive 
        Board of the Standards Board, of whom--
                    (A) not more than five may be State election 
                officials;
                    (B) not more than five may be local election 
                officials; and
                    (C) not more than five may be members of the same 
                political party.
            (2) Terms.--Except as provided in paragraph (3), members of 
        the Executive Board of the Standards Board shall serve for a 
        term of 2 years and may not serve for more than 3 consecutive 
        terms.
            (3) Staggering of initial terms.--Of the members first 
        selected to serve on the Executive Board of the Standards 
        Board--
                    (A) three shall serve for 1 term;
                    (B) three shall serve for 2 consecutive terms; and
                    (C) three shall serve for 3 consecutive terms,
        as determined by lot at the time the members are first 
        appointed.

[[Page 116 STAT. 1680]]

            (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 delegate.

SEC. 214. <<NOTE: 42 USC 15344.>> MEMBERSHIP OF BOARD OF ADVISORS.

    (a) In General.--The Board of Advisors shall be composed of 37 
members appointed as follows:
            (1) Two members appointed by the National Governors 
        Association.
            (2) Two members appointed by the National Conference of 
        State Legislatures.
            (3) Two members appointed by the National Association of 
        Secretaries of State.
            (4) Two members appointed by the National Association of 
        State Election Directors.
            (5) Two members appointed by the National Association of 
        Counties.
            (6) Two members appointed by the National Association of 
        County Recorders, Election Administrators, and Clerks.
            (7) Two members appointed by the United States Conference of 
        Mayors.
            (8) Two members appointed by the Election Center.
            (9) Two members appointed by the International Association 
        of County Recorders, Election Officials, and Treasurers.
            (10) Two members appointed by the United States Commission 
        on Civil Rights.
            (11) Two members appointed by the Architectural and 
        Transportation Barrier Compliance Board under section 502 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 792).
            (12) The chief of the Office of Public Integrity of the 
        Department of Justice, or the chief's designee.
            (13) The chief of the Voting Section of the Civil Rights 
        Division of the Department of Justice or the chief's designee.
            (14) The director of the Federal Voting Assistance Program 
        of the Department of Defense.
            (15) Four members representing professionals in the field of 
        science and technology, of whom--
                    (A) one each shall be appointed by the Speaker and 
                the Minority Leader of the House of Representatives; and
                    (B) one each shall be appointed by the Majority 
                Leader and the Minority Leader of the Senate.
            (16) Eight members representing voter interests, of whom--
                    (A) four members shall be appointed by the Committee 
                on House Administration of the House of Representatives, 
                of whom two shall be appointed by the chair and two 
                shall be appointed by the ranking minority member; and
                    (B) four members shall be appointed by the Committee 
                on Rules and Administration of the Senate, of whom two 
                shall be appointed by the chair and two shall be 
                appointed by the ranking minority member.

    (b) Manner of 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.

[[Page 116 STAT. 1681]]

Any vacancy in the Board of Advisors shall be filled in the manner in 
which the original appointment was made.
    (d) Chair.--The Board of Advisors shall elect a Chair from among its 
members.

SEC. 215. <<NOTE: 42 USC 15345.>> 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 receive such 
        evidence as each such Board considers advisable 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 voluntary voting system 
                guidelines referred to it under section 222;
                    (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 appropriate 
                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 secure directly from any Federal department 
or agency such information as the Board considers necessary to carry out 
this Act. Upon request of the Executive Board (in the case of the 
Standards Board) or the Chair (in the case of the Board of Advisors), 
the head of such department or agency shall furnish such information to 
the Board.
    (c) Postal Services.--The Standards Board and the Board of Advisors 
may use the United States mails in the 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 reimbursable 
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 Advisors shall not receive any compensation for 
their service, but shall be paid travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the performance of 
services for the Board.

SEC. 216. <<NOTE: 42 USC 15346.>> STATUS OF BOARDS AND MEMBERS FOR 
            PURPOSES OF CLAIMS AGAINST BOARD.

    (a) <<NOTE: Applicability.>>  In General.--The provisions of 
chapters 161 and 171 of title 28, United States Code, shall apply with 
respect to the liability

[[Page 116 STAT. 1682]]

of the Standards Board, the Board of Advisors, and their members for 
acts or omissions performed 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 construed to limit personal liability for 
criminal acts or omissions, 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.

           PART 3--TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

SEC. 221. <<NOTE: 42 USC 15361.>> TECHNICAL GUIDELINES DEVELOPMENT 
            COMMITTEE.

    (a) Establishment.--There is hereby established the Technical 
Guidelines Development Committee (hereafter in this part referred to as 
the ``Development Committee'').
    (b) Duties.--
            (1) In general.--The Development Committee shall assist the 
        Executive Director of the Commission in the development of the 
        voluntary voting system guidelines.
            (2) Deadline for initial set of recommendations.--The 
        Development Committee shall provide its first set of 
        recommendations under this section to the Executive Director of 
        the Commission not later than 9 months after all of its members 
        have been appointed.

    (c) Membership.--
            (1) In general.--The Development Committee shall be composed 
        of the Director of the National 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 following:
                          (i) Members of the Standards Board.
                          (ii) Members of the Board of Advisors.
                          (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 National 
                Standards Institute.
                    (C) A representative of the Institute of Electrical 
                and Electronics Engineers.
                    (D) Two representatives of the National Association 
                of State Election Directors selected by such Association 
                who are not members of the Standards Board or Board of 
                Advisors, and who are not of the same political party.
                    (E) 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 appointment 
        of all of its members.

    (d) No Compensation for Service.--Members of the Development 
Committee shall not receive any compensation for their service, but 
shall be paid travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies

[[Page 116 STAT. 1683]]

under subchapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the performance 
of services for the Development Committee.
    (e) Technical Support From National Institute of Standards and 
Technology.--
            (1) In general.--At the request of the Development 
        Committee, the Director of the National Institute of Standards 
        and Technology shall provide the Development Committee with 
        technical support necessary for the Development Committee to 
        carry out its duties under this subtitle.
            (2) Technical support.--The technical support provided under 
        paragraph (1) shall include intramural research and development 
        in areas to support the development of the voluntary voting 
        system guidelines under this part, including--
                    (A) the security of computers, computer networks, 
                and computer data storage used in voting systems, 
                including the computerized list required under section 
                303(a);
                    (B) methods to detect and prevent fraud;
                    (C) the protection of voter privacy;
                    (D) the role of human factors in the design and 
                application of voting systems, including assistive 
                technologies for individuals with disabilities 
                (including blindness) and varying levels of literacy; 
                and
                    (E) remote access voting, including voting through 
                the Internet.
            (3) No private sector intellectual property rights in 
        guidelines.--No private sector individual or entity shall obtain 
        any intellectual property rights to any guideline or the 
        contents of any guideline (or any modification to any guideline) 
        adopted by the Commission under this Act.

    (f) Publication of Recommendations in Federal Register.--At the time 
the Commission adopts any voluntary voting system guideline pursuant to 
section 222, the Development Committee shall cause to have published in 
the Federal Register the recommendations it provided under this section 
to the Executive Director of the Commission concerning the guideline 
adopted.

SEC. 222. <<NOTE: 42 USC 15362.>> PROCESS FOR ADOPTION.

    (a) <<NOTE: Federal Register, publication.>>  General Requirement 
for Notice and Comment.--Consistent with the requirements of this 
section, the final adoption of the voluntary voting system guidelines 
(or modification of such a guideline) shall be carried out by the 
Commission in a manner that provides for each of the following:
            (1) Publication of notice of the proposed guidelines in the 
        Federal Register.
            (2) An opportunity for public comment on the proposed 
        guidelines.
            (3) An opportunity for a public hearing on the record.
            (4) Publication of the final guidelines in the Federal 
        Register.

    (b) Consideration of Recommendations of Development Committee; 
Submission of Proposed Guidelines to Board of Advisors and Standards 
Board.--
            (1) Consideration of recommendations of development 
        committee.--In developing the voluntary voting system guidelines 
        and modifications of such guidelines under this section,

[[Page 116 STAT. 1684]]

        the Executive Director of the Commission shall take into 
        consideration the recommendations provided by the Technical 
        Guidelines Development Committee under section 221.
            (2) Board of advisors.--The Executive Director of the 
        Commission shall submit the guidelines proposed to be adopted 
        under this part (or any modifications to such guidelines) to the 
        Board of Advisors.
            (3) Standards board.--The Executive Director of the 
        Commission shall submit the guidelines proposed to be adopted 
        under this part (or any modifications to such guidelines) to the 
        Executive Board of the Standards Board, which shall review the 
        guidelines (or modifications) and forward its recommendations to 
        the Standards Board.

    (c) Review.--Upon receipt of voluntary voting system guidelines 
described in subsection (b) (or a modification of such guidelines) from 
the Executive Director of the Commission, the Board of Advisors and the 
Standards Board shall each review and submit comments and 
recommendations regarding the guideline (or modification) to the 
Commission.
    (d) Final Adoption.--
            (1) In general.--A voluntary voting system guideline 
        described in subsection (b) (or modification of such a 
        guideline) shall not be considered to be finally adopted by the 
        Commission unless the Commission votes to approve the final 
        adoption of the guideline (or modification), taking into 
        consideration the comments and recommendations submitted by the 
        Board of Advisors and the Standards Board under subsection (c).
            (2) Minimum period for consideration of comments and 
        recommendations.--The Commission may not vote on the final 
        adoption of a guideline described in subsection (b) (or 
        modification of such a guideline) until the expiration of the 
        90-day period which begins on the date the Executive Director of 
        the Commission submits the proposed guideline (or modification) 
        to the Board of Advisors and the Standards Board under 
        subsection (b).

    (e) Special Rule for Initial Set of Guidelines.--Notwithstanding any 
other provision of this part, the most recent set of voting system 
standards adopted by the Federal Election Commission prior to the date 
of the enactment of this Act shall be deemed to have been adopted by the 
Commission as of the date of the enactment of this Act as the first set 
of voluntary voting system guidelines adopted under this part.

Subtitle B--Testing, Certification, Decertification, and Recertification 
                 of Voting System Hardware and Software

SEC. 231. <<NOTE: 42 USC 15371.>> CERTIFICATION AND TESTING OF VOTING 
            SYSTEMS.

    (a) Certification and Testing.--
            (1) In general.--The Commission shall provide for the 
        testing, certification, decertification, and recertification of 
        voting system hardware and software by accredited laboratories.

[[Page 116 STAT. 1685]]

            (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 laboratories accredited by the 
        Commission under this section.

    (b) Laboratory Accreditation.--
            (1) Recommendations by national institute of standards and 
        technology.--Not <<NOTE: Deadline. Records.>> later than 6 
        months after the Commission first adopts voluntary voting system 
        guidelines under part 3 of subtitle A, the Director of the 
        National Institute of Standards and Technology shall conduct an 
        evaluation of independent, non-Federal laboratories and shall 
        submit to the Commission a list of those laboratories the 
        Director proposes to be accredited to carry out the testing, 
        certification, decertification, and recertification provided for 
        under this section.
            (2) Approval by commission.--
                    (A) In general.--The Commission shall vote on the 
                accreditation of any laboratory under this section, 
                taking into consideration the list submitted under 
                paragraph (1), and no laboratory may be accredited for 
                purposes of this section unless its accreditation is 
                approved by a vote of the Commission.
                    (B) Accreditation laboratories not on director 
                list.-- <<NOTE: Publication.>> The Commission shall 
                publish an explanation for the accreditation of any 
                laboratory not included on the list submitted by the 
                Director of the National Institute of Standards and 
                Technology under paragraph (1).

    (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 Commission 
        under this section, and shall make such recommendations to the 
        Commission as it considers appropriate with respect to the 
        continuing accreditation 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 vote of 
        the Commission.

    (d) Transition.--Until such time as the Commission provides for the 
testing, certification, decertification, and recertification of voting 
system hardware and software by accredited laboratories under this 
section, the accreditation of laboratories and the procedure for the 
testing, certification, decertification, and recertification of voting 
system hardware and software used as of the date of the enactment of 
this Act shall remain in effect.

[[Page 116 STAT. 1686]]

     Subtitle C--Studies and Other Activities To Promote Effective 
                   Administration of Federal Elections

SEC. 241. <<NOTE: 42 USC 15381.>> PERIODIC STUDIES OF ELECTION 
            ADMINISTRATION ISSUES.

    (a) <<NOTE: Public information.>>  In General.--On such periodic 
basis as the Commission may determine, the Commission shall conduct and 
make available to the public studies regarding the election 
administration issues described in subsection (b), with the goal of 
promoting methods of voting and administering elections which--
            (1) will be the most convenient, accessible, and easy to use 
        for voters, including members of the uniformed services and 
        overseas voters, individuals with disabilities, including the 
        blind and visually impaired, and voters with limited proficiency 
        in the English language;
            (2) will yield the most accurate, secure, and expeditious 
        system for voting and tabulating election results;
            (3) will be nondiscriminatory and afford each registered and 
        eligible voter an equal opportunity to vote and to have that 
        vote counted; and
            (4) will be efficient and cost-effective for use.

    (b) Election Administration Issues Described.--For purposes of 
subsection (a), the election administration issues described in this 
subsection are as follows:
            (1) Methods and mechanisms of election technology and voting 
        systems used in voting and counting votes in elections for 
        Federal office, including the over-vote and under-vote 
        notification capabilities of such technology and systems.
            (2) Ballot designs for elections for Federal office.
            (3) Methods of voter registration, 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 registered voters appear on the voter registration list at 
        the appropriate polling site.
            (4) Methods of conducting provisional voting.
            (5) Methods of ensuring the accessibility of voting, 
        registration, polling places, and voting equipment to all 
        voters, including individuals with disabilities (including the 
        blind and visually impaired), Native American or Alaska Native 
        citizens, and voters with limited proficiency in the English 
        language.
            (6) Nationwide statistics and methods of identifying, 
        deterring, and investigating voting fraud in elections for 
        Federal office.
            (7) Identifying, deterring, and investigating methods of 
        voter intimidation.
            (8) Methods of recruiting, training, and improving the 
        performance of poll workers.
            (9) Methods of educating voters about the process of 
        registering to vote and voting, the operation of voting 
        mechanisms, the location of polling places, and all other 
        aspects of participating in elections.
            (10) The feasibility and advisability of conducting 
        elections for Federal office on different days, at different 
        places, and

[[Page 116 STAT. 1687]]

        during different hours, including the advisability of 
        establishing a uniform poll closing time and establishing--
                    (A) a legal public holiday under section 6103 of 
                title 5, United States Code, as the date on which 
                general elections for Federal office are held;
                    (B) the Tuesday next after the 1st Monday in 
                November, in every even numbered year, as a legal public 
                holiday under such section;
                    (C) a date other than the Tuesday next after the 1st 
                Monday in November, in every even numbered year as the 
                date on which general elections for Federal office are 
                held; and
                    (D) any date described in subparagraph (C) as a 
                legal public holiday under such section.
            (11) Federal and State laws governing the eligibility of 
        persons to vote.
            (12) 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.
            (13)(A) The laws and procedures used by each State that 
        govern--
                    (i) recounts of ballots cast in elections for 
                Federal office;
                    (ii) contests of determinations regarding whether 
                votes are counted in such elections; and
                    (iii) standards that define what will constitute a 
                vote on each type of voting equipment used in the State 
                to conduct elections for Federal office.
            (B) The best practices (as identified by the Commission) 
        that are used by States with respect to the recounts and 
        contests described in clause (i).
            (C) Whether or not there is a need for more consistency 
        among State recount and contest procedures used with respect to 
        elections for Federal office.
            (14) The technical feasibility of providing voting materials 
        in eight or more languages for voters who speak those languages 
        and who have limited English proficiency.
            (15) Matters particularly relevant to voting and 
        administering elections in rural and urban areas.
            (16) Methods of voter registration for members of the 
        uniformed services and overseas voters, and methods of ensuring 
        that such voters receive timely ballots that will be properly 
        and expeditiously handled and counted.
            (17) The best methods for establishing voting system 
        performance benchmarks, expressed as a percentage of residual 
        vote in the Federal contest at the top of the ballot.
            (18) Broadcasting practices that may result in the broadcast 
        of false information concerning the location or time of 
        operation of a polling place.
            (19) Such other matters as the Commission determines are 
        appropriate.

    (c) Reports.--The Commission shall submit to the President and to 
the Committee on House Administration of the House of Representatives 
and the Committee on Rules and Administration of the Senate a report on 
each study conducted under subsection (a) together with such 
recommendations for administrative and legislative action as the 
Commission determines is appropriate.

[[Page 116 STAT. 1688]]

SEC. 242. <<NOTE: 42 USC 15382.>> STUDY, REPORT, AND RECOMMENDATIONS ON 
            BEST PRACTICES FOR FACILITATING MILITARY AND OVERSEAS 
            VOTING.

    (a) Study.--
            (1) In general.--The Commission, in consultation with the 
        Secretary of Defense, shall conduct a study on the best 
        practices for facilitating voting by 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).
            (2) Issues considered.--In conducting the study under 
        paragraph (1) the Commission shall consider the following 
        issues:
                    (A) The rights of residence of uniformed services 
                voters absent due to military orders.
                    (B) The rights of absent uniformed services voters 
                and overseas voters to register to vote and cast 
                absentee ballots, including the right of such voters to 
                cast a secret ballot.
                    (C) The rights of absent uniformed services voters 
                and overseas voters to submit absentee ballot 
                applications early during an election year.
                    (D) The appropriate preelection deadline for mailing 
                absentee ballots to absent uniformed services voters and 
                overseas voters.
                    (E) The appropriate minimum period between 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 overseas voters, 
                including the need to protect against fraud.
                    (H) The use of a single application by absent 
                uniformed services voters and overseas voters 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 uniformed 
                services voters and overseas voters.
                    (J) The use of facsimile machines and electronic 
                means of transmission of absentee ballot applications 
                and absentee ballots to absent uniformed services voters 
                and overseas voters.
                    (K) Other issues related to the rights of absent 
                uniformed services voters and overseas voters to 
                participate in elections.

    (b) <<NOTE: Deadline.>>  Report and Recommendations.--Not later than 
the date that is 18 months after the date of the enactment of this Act, 
the Commission shall submit to the President and Congress a report on 
the study conducted under subsection (a)(1) together with 
recommendations identifying the best practices used with respect to the 
issues considered under subsection (a)(2).

SEC. 243. <<NOTE: 42 USC 15383.>> REPORT ON HUMAN FACTOR RESEARCH.

    Not <<NOTE: Deadline.>> later than 1 year after the date of the 
enactment of this Act, the Commission, in consultation with the Director 
of the

[[Page 116 STAT. 1689]]

National Institute of Standards and Technology, shall submit a report to 
Congress which assesses the areas of human factor research, including 
usability engineering and human-computer and human-machine interaction, 
which feasibly could be applied to voting products and systems design to 
ensure the usability and accuracy of voting products and systems, 
including methods to improve access for individuals with disabilities 
(including blindness) and individuals with limited proficiency in the 
English language and to reduce voter error and the number of spoiled 
ballots in elections.

SEC. 244. <<NOTE: 42 USC 15384.>> STUDY AND REPORT ON VOTERS WHO 
            REGISTER BY MAIL AND USE OF SOCIAL SECURITY INFORMATION.

    (a) Registration by Mail.--
            (1) Study.--
                    (A) In general.--The Commission shall conduct a 
                study of the impact of section 303(b) on voters who 
                register by mail.
                    (B) Specific issues studied.--The study conducted 
                under subparagraph (A) shall include--
                          (i) an examination of the impact of section 
                      303(b) on first time mail registrant voters who 
                      vote in person, including the impact of such 
                      section on voter registration;
                          (ii) an examination of the impact of such 
                      section on the accuracy of voter rolls, including 
                      preventing ineligible names from being placed on 
                      voter rolls and ensuring that all eligible names 
                      are placed on voter rolls; and
                          (iii) an analysis of the impact of such 
                      section on existing State practices, such as the 
                      use of signature verification or attestation 
                      procedures to verify the identity of voters in 
                      elections for Federal office, and an analysis of 
                      other changes that may be made to improve the 
                      voter registration process, such as verification 
                      or additional information on the registration 
                      card.
            (2) <<NOTE: Deadline.>>  Report.--Not later than 18 months 
        after the date on which section 303(b)(2) takes effect, the 
        Commission shall submit a report to the President and Congress 
        on the study conducted under paragraph (1)(A) together with such 
        recommendations for administrative and legislative action as the 
        Commission determines is appropriate.

    (b) <<NOTE: Deadline.>>  Use of Social Security Information.--Not 
later than 18 months after the date on which section 303(a)(5) takes 
effect, the Commission, in consultation with the Commissioner of Social 
Security, shall study and report to Congress on the feasibility and 
advisability of using Social Security identification numbers or other 
information compiled by the Social Security Administration to establish 
voter registration or other election law eligibility or identification 
requirements, including the matching of relevant information specific to 
an individual voter, the impact of such use on national security issues, 
and whether adequate safeguards or waiver procedures exist to protect 
the privacy of an individual voter.

[[Page 116 STAT. 1690]]

SEC. 245. <<NOTE: 42 USC 15385.>> STUDY AND REPORT ON ELECTRONIC VOTING 
            AND THE ELECTORAL PROCESS.

    (a) Study.--
            (1) In general.--The Commission shall conduct a thorough 
        study of issues and challenges, specifically to include the 
        potential for election fraud, presented by incorporating 
        communications and Internet technologies in the Federal, State, 
        and local electoral process.
            (2) Issues to be studied.--The Commission may include in the 
        study conducted under paragraph (1) an examination of--
                    (A) the appropriate security measures required and 
                minimum standards for certification of systems or 
                technologies in order to minimize the potential for 
                fraud in voting or in the registration of qualified 
                citizens to register and vote;
                    (B) the possible methods, such as Internet or other 
                communications technologies, that may be utilized in the 
                electoral process, including the use of those 
                technologies to register voters and enable citizens to 
                vote online, and recommendations concerning statutes and 
                rules to be adopted in order to implement an online or 
                Internet system in the electoral process;
                    (C) the impact that new communications or Internet 
                technology systems for use in the electoral process 
                could have on voter participation rates, voter 
                education, public accessibility, potential external 
                influences during the elections process, voter privacy 
                and anonymity, and other issues related to the conduct 
                and administration of elections;
                    (D) whether other aspects of the electoral process, 
                such as public availability of candidate information and 
                citizen communication with candidates, could benefit 
                from the increased use of online or Internet 
                technologies;
                    (E) the requirements for authorization of 
                collection, storage, and processing of electronically 
                generated and transmitted digital messages to permit any 
                eligible person to register to vote or vote in an 
                election, including applying for and casting an absentee 
                ballot;
                    (F) the implementation cost of an online or Internet 
                voting or voter registration system and the costs of 
                elections after implementation (including a comparison 
                of total cost savings for the administration of the 
                electoral process by using Internet technologies or 
                systems);
                    (G) identification of current and foreseeable online 
                and Internet technologies for use in the registration of 
                voters, for voting, or for the purpose of reducing 
                election fraud, currently available or in use by 
                election authorities;
                    (H) the means by which to ensure and achieve equity 
                of access to online or Internet voting or voter 
                registration systems and address the fairness of such 
                systems to all citizens; and
                    (I) the impact of technology on the speed, 
                timeliness, and accuracy of vote counts in Federal, 
                State, and local elections.

    (b) Report.--

[[Page 116 STAT. 1691]]

            (1) <<NOTE: Deadline.>>  Submission.--Not later than 20 
        months after the date of the enactment of this Act, the 
        Commission shall transmit to the Committee on House 
        Administration of the House of Representatives and the Committee 
        on Rules and Administration of the Senate a report on the 
        results of the study conducted under subsection (a), including 
        such legislative recommendations or model State laws as are 
        required to address the findings of the Commission.
            (2) Internet posting.--In addition to the dissemination 
        requirements under chapter 19 of title 44, United States Code, 
        the Election Administration Commission shall post the report 
        transmitted under paragraph (1) on an Internet website.

SEC. 246. <<NOTE: 42 USC 15386.>> STUDY AND REPORT ON FREE ABSENTEE 
            BALLOT POSTAGE.

    (a) Study on the Establishment of a Free Absentee Ballot Postage 
Program.--
            (1) In general.--The Commission, in consultation with the 
        Postal Service, shall conduct a study on the feasibility and 
        advisability of the establishment of a program under which the 
        Postal Service shall waive or otherwise reduce the amount of 
        postage applicable with respect to absentee ballots submitted by 
        voters in general elections for Federal office (other than 
        balloting materials mailed under section 3406 of title 39, 
        United States Code) that does not apply with respect to the 
        postage required to send the absentee ballots to voters.
            (2) Public survey.--As part of the study conducted under 
        paragraph (1), the Commission shall conduct a survey of 
        potential beneficiaries under the program described in such 
        paragraph, including the elderly and disabled, and shall take 
        into account the results of such survey in determining the 
        feasibility and advisability of establishing such a program.

    (b) Report.--
            (1) <<NOTE: Deadline.>>  Submission.--Not later than the 
        date that is 1 year after the date of the enactment of this Act, 
        the Commission shall submit to Congress a report on the study 
        conducted under subsection (a)(1) together with recommendations 
        for such legislative and administrative action as the Commission 
        determines appropriate.
            (2) Costs.--The report submitted under paragraph (1) shall 
        contain an estimate of the costs of establishing the program 
        described in subsection (a)(1).
            (3) Implementation.--The report submitted under paragraph 
        (1) shall contain an analysis of the feasibility of implementing 
        the program described in subsection (a)(1) with respect to the 
        absentee ballots to be submitted in the general election for 
        Federal office held in 2004.
            (4) Recommendations regarding the elderly and disabled.--The 
        report submitted under paragraph (1) shall--
                    (A) include recommendations on ways that program 
                described in subsection (a)(1) would target elderly 
                individuals and individuals with disabilities; and
                    (B) identify methods to increase the number of such 
                individuals who vote in elections for Federal office.

    (c) Postal Service Defined.--The term ``Postal Service'' means the 
United States Postal Service established under section 201 of title 39, 
United States Code.

[[Page 116 STAT. 1692]]

SEC. 247. <<NOTE: 42 USC 15387.>> CONSULTATION WITH STANDARDS BOARD AND 
            BOARD OF ADVISORS.

    The Commission shall carry out its duties under this subtitle in 
consultation with the Standards Board and the Board of Advisors.

                     Subtitle D--Election Assistance

                      PART 1--REQUIREMENTS PAYMENTS

SEC. 251. <<NOTE: 42 USC 15401.>> REQUIREMENTS PAYMENTS.

    (a) In General.--The Commission shall make a requirements payment 
each year in an amount determined under section 252 to each State which 
meets the conditions described in section 253 for the year.
    (b) Use of Funds.--
            (1) In general.--Except as provided in paragraph (2), a 
        State receiving a requirements payment shall use the payment 
        only to meet the requirements of title III.
            (2) Other activities.--A State may use a requirements 
        payment to carry out other activities to improve the 
        administration of elections for Federal office if the State 
        certifies to the Commission that--
                    (A) the State has implemented the requirements of 
                title III; or
                    (B) the amount expended with respect to such other 
                activities does not exceed an amount equal to the 
                minimum payment amount applicable to the State under 
                section 252(c).

    (c) Retroactive Payments.--
            (1) In general.--Notwithstanding any other provision of this 
        subtitle, including the maintenance of effort requirements of 
        section 254(a)(7), a State may use a requirements payment as a 
        reimbursement for costs incurred in obtaining voting equipment 
        which meets the requirements of section 301 if the State obtains 
        the equipment after the regularly scheduled general election for 
        Federal office held in November 2000.
            (2) Special rule regarding multiyear contracts.--A State may 
        use a requirements payment for any costs for voting equipment 
        which meets the requirements of section 301 that, pursuant to a 
        multiyear contract, were incurred on or after January 1, 2001, 
        except that the amount that the State is otherwise required to 
        contribute under the maintenance of effort requirements of 
        section 254(a)(7) shall be increased by the amount of the 
        payment made with respect to such multiyear contract.

    (d) Adoption of Commission Guidelines and Guidance Not Required To 
Receive Payment.--Nothing in this part may be construed to require a 
State to implement any of the voluntary voting system guidelines or any 
of the voluntary guidance adopted by the Commission with respect to any 
matter as a condition for receiving a requirements payment.
    (e) Schedule of Payments.--As soon as practicable after the initial 
appointment of all members of the Commission (but in no event later than 
6 months thereafter), and not less frequently than once each calendar 
year thereafter, the Commission shall make requirements payments to 
States under this part.

[[Page 116 STAT. 1693]]

    (f) Limitation.--A State may not use any portion of a requirements 
payment--
            (1) to pay costs associated with any litigation, except to 
        the extent that such costs otherwise constitute permitted uses 
        of a requirements payment under this part; or
            (2) for the payment of any judgment.

SEC. 252. <<NOTE: 42 USC 15402.>> ALLOCATION OF FUNDS.

    (a) In General.--Subject to subsection (c), the amount of a 
requirements payment made to a State for a year shall be equal to the 
product of--
            (1) the total amount appropriated for requirements payments 
        for the year pursuant to the authorization under section 257; 
        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 (as reported in 
        the most recent decennial census); and
            (2) the total voting age population of all States (as 
        reported in the most recent decennial census).

    (c) Minimum Amount of Payment.--The amount of a requirements 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, one-half of 1 percent of the total amount 
        appropriated for requirements payments for the year under 
        section 257; or
            (2) in the case of the Commonwealth of Puerto Rico, Guam, 
        American Samoa, or the United States Virgin Islands, one-tenth 
        of 1 percent of such total amount.

    (d) Pro Rata Reductions.--The Administrator shall make such pro rata 
reductions to the allocations determined under subsection (a) as are 
necessary to comply with the requirements of subsection (c).
    (e) Continuing Availability of Funds After Appropriation.--A 
requirements payment made to a State under this part shall be available 
to the State without fiscal year limitation.

SEC. 253. <<NOTE: 42 USC 15403.>> CONDITION FOR RECEIPT OF FUNDS.

    (a) In General.--A State is eligible to receive a requirements 
payment for a fiscal year if the chief executive officer of the State, 
or designee, in consultation and coordination with the chief State 
election official, has filed with the Commission a statement certifying 
that the State is in compliance with the requirements referred to in 
subsection (b). A State may meet the requirement of the previous 
sentence by filing with the Commission a statement which reads as 
follows: ``____________ hereby certifies that it is in compliance with 
the requirements referred to in section 253(b) of the Help America Vote 
Act of 2002.'' (with the blank to be filled in with the name of the 
State involved).
    (b) State Plan Requirement; Certification of Compliance With 
Applicable Laws and Requirements.--The requirements referred to in this 
subsection are as follows:
            (1) The State has filed with the Commission a State plan 
        covering the fiscal year which the State certifies--

[[Page 116 STAT. 1694]]

                    (A) contains each of the elements described in 
                section 254 with respect to the fiscal year;
                    (B) is developed in accordance with section 255; and
                    (C) meets the public notice and comment requirements 
                of section 256.
            (2) The State has filed with the Commission a plan for the 
        implementation of the uniform, nondiscriminatory administrative 
        complaint procedures required under section 402 (or has included 
        such a plan in the State plan filed under paragraph (1)), and 
        has such procedures in place for purposes of meeting the 
        requirements of such section. <<NOTE: Applicability.>>  If the 
        State does not include such an implementation plan in the State 
        plan filed under paragraph (1), the requirements of sections 
        255(b) and 256 shall apply to the implementation plan in the 
        same manner as such requirements apply to the State plan.
            (3) <<NOTE: Applicability.>>  The State is in compliance 
        with each of the laws described in section 906, as such laws 
        apply with respect to this Act.
            (4) To the extent that any portion of the requirements 
        payment is used for activities other than meeting the 
        requirements of title III--
                    (A) the State's proposed uses of the requirements 
                payment are not inconsistent with the requirements of 
                title III; and
                    (B) the use of the funds under this paragraph is 
                consistent with the requirements of section 251(b).
            (5) The State has appropriated funds for carrying out the 
        activities for which the requirements payment is made in an 
        amount equal to 5 percent of the total amount to be spent for 
        such activities (taking into account the requirements payment 
        and the amount spent by the State) and, in the case of a State 
        that uses a requirements payment as a reimbursement under 
        section 251(c)(2), an additional amount equal to the amount of 
        such reimbursement.

    (c) Methods of Compliance Left to Discretion of State.--The specific 
choices on the methods of complying with the elements of a State plan 
shall be left to the discretion of the State.
    (d) Timing for Filing of Certification.--A State may not file a 
statement of certification under subsection (a) until the expiration of 
the 45-day period (or, in the case of a fiscal year other than the first 
fiscal year for which a requirements payment is made to the State under 
this subtitle, the 30-day period) which begins on the date the State 
plan under this subtitle is published in the Federal Register pursuant 
to section 255(b).
    (e) Chief State Election Official Defined.--In this subtitle, the 
``chief State election official'' of a State is the individual 
designated by the State under section 10 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for 
coordination of the State's responsibilities under such Act.

SEC. 254. <<NOTE: 42 USC 15404.>> STATE PLAN.

    (a) In General.--The State plan shall contain a description of each 
of the following:
            (1) How the State will use the requirements payment to meet 
        the requirements of title III, and, if applicable under section 
        251(a)(2), to carry out other activities to improve the 
        administration of elections.

[[Page 116 STAT. 1695]]

            (2) How the State will distribute and monitor the 
        distribution of the requirements payment to units of local 
        government or other entities in the State for carrying out the 
        activities described in paragraph (1), including a description 
        of--
                    (A) the criteria to be used to determine the 
                eligibility of such units or entities for receiving the 
                payment; and
                    (B) the methods to be used by the State to monitor 
                the performance of the units or entities to whom the 
                payment is distributed, consistent with the performance 
                goals and measures adopted under paragraph (8).
            (3) How the State will provide for programs for voter 
        education, election official education and training, and poll 
        worker training which will assist the State in meeting the 
        requirements of title III.
            (4) How the State will adopt voting system guidelines and 
        processes which are consistent with the requirements of section 
        301.
            (5) How the State will establish a fund described in 
        subsection (b) for purposes of administering the State's 
        activities under this part, including information on fund 
        management.
            (6) The State's proposed budget for activities under this 
        part, based on the State's best estimates of the costs of such 
        activities and the amount of funds to be made available, 
        including specific information on--
                    (A) the costs of the activities required to be 
                carried out to meet the requirements of title III;
                    (B) the portion of the requirements payment which 
                will be used to carry out activities to meet such 
                requirements; and
                    (C) the portion of the requirements payment which 
                will be used to carry out other activities.
            (7) How the State, in using the requirements payment, will 
        maintain the expenditures of the State for activities funded by 
        the payment at a level that is not less than the level of such 
        expenditures maintained by the State for the fiscal year ending 
        prior to November 2000.
            (8) How the State will adopt performance goals and measures 
        that will be used by the State to determine its success and the 
        success of units of local government in the State in carrying 
        out the plan, including timetables for meeting each of the 
        elements of the plan, descriptions of the criteria the State 
        will use to measure performance and the process used to develop 
        such criteria, and a description of which official is to be held 
        responsible for ensuring that each performance goal is met.
            (9) A description of the uniform, nondiscriminatory State-
        based administrative complaint procedures in effect under 
        section 402.
            (10) If the State received any payment under title I, a 
        description of how such payment will affect the activities 
        proposed to be carried out under the plan, including the amount 
        of funds available for such activities.
            (11) How the State will conduct ongoing management of the 
        plan, except that the State may not make any material change in 
        the administration of the plan unless the change--

[[Page 116 STAT. 1696]]

                    (A) is developed and published in the Federal 
                Register in accordance with section 255 in the same 
                manner as the State plan;
                    (B) is subject to public notice and comment in 
                accordance with section 256 in the same manner as the 
                State plan; and
                    (C) takes effect only after the expiration of the 
                30-day period which begins on the date the change is 
                published in the Federal Register in accordance with 
                subparagraph (A).
            (12) In the case of a State with a State plan in effect 
        under this subtitle during the previous fiscal year, a 
        description of how the plan reflects changes from the State plan 
        for the previous fiscal year and of how the State succeeded in 
        carrying out the State plan for such previous fiscal year.
            (13) A description of the committee which participated in 
        the development of the State plan in accordance with section 255 
        and the procedures followed by the committee under such section 
        and section 256.

    (b) Requirements for Election Fund.--
            (1) Election fund described.--For purposes 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 government, 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 requirements payment is made to the State under this 
                part.
                    (B) The requirements payment made to the State under 
                this part.
                    (C) Such other amounts as may be appropriated 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 activities for which the 
        requirements payment is made to the State under this part.
            (3) Treatment of states that require changes to state law.--
        In the case of a State that requires State legislation to 
        establish the fund described in this subsection, the Commission 
        shall defer disbursement of the requirements payment to such 
        State until such time as legislation establishing the fund is 
        enacted.

    (c) Protection Against Actions Based on Information in Plan.--
            (1) In general.--No action may be brought under this Act 
        against a State or other jurisdiction on the basis of any 
        information contained in the State plan filed under this part.
            (2) Exception for criminal acts.--Paragraph (1) may not be 
        construed to limit the liability of a State or other 
        jurisdiction for criminal acts or omissions.

[[Page 116 STAT. 1697]]

SEC. 255. <<NOTE: 42 USC 15405.>> PROCESS FOR DEVELOPMENT AND FILING OF 
            PLAN; PUBLICATION BY COMMISSION.

    (a) In General.--The chief State election official shall develop the 
State plan under this subtitle through a committee of appropriate 
individuals, including the chief election officials of the two most 
populous jurisdictions within the States, other local election 
officials, stake holders (including representatives of groups of 
individuals with disabilities), and other citizens, appointed for such 
purpose by the chief State election official.
    (b) <<NOTE: Federal Register, publication.>>  Publication of Plan by 
Commission.--After receiving the State plan of a State under this 
subtitle, the Commission shall cause to have the plan published in the 
Federal Register.

SEC. 256. <<NOTE: 42 USC 15406.>> REQUIREMENT FOR PUBLIC NOTICE AND 
            COMMENT.

    For purposes of section 251(a)(1)(C), a State plan meets the public 
notice and comment requirements of this section if--
            (1) not later than 30 days prior to the submission of the 
        plan, the State made a preliminary version of the plan available 
        for public inspection and comment;
            (2) the State publishes notice that the preliminary version 
        of the plan is so available; and
            (3) the State took the public comments made regarding the 
        preliminary version of the plan into account in preparing the 
        plan which was filed with the Commission.

SEC. 257. <<NOTE: 42 USC 15407.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to amounts transferred under section 
104(c), there are authorized to be appropriated for requirements 
payments under this part the following amounts:
            (1) For fiscal year 2003, $1,400,000,000.
            (2) For fiscal year 2004, $1,000,000,000.
            (3) For fiscal year 2005, $600,000,000.

    (b) Availability.--Any amounts appropriated pursuant to the 
authority of subsection (a) shall remain available without fiscal year 
limitation until expended.

SEC. 258. <<NOTE: 42 USC 15408.>> REPORTS.

    Not <<NOTE: Deadline.>> later than 6 months after the end of each 
fiscal year for which a State received a requirements 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 251(b);
            (2) the number and type of articles of voting equipment 
        obtained with the funds; and
            (3) an analysis and description of the activities funded 
        under this part to meet the requirements of this Act and an 
        analysis and description of how such activities conform to the 
        State plan under section 254.

[[Page 116 STAT. 1698]]

   PART 2--PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE 
                ACCESS FOR INDIVIDUALS WITH DISABILITIES

SEC. 261. <<NOTE: 42 USC 15421.>> PAYMENTS TO STATES AND UNITS OF LOCAL 
            GOVERNMENT TO ASSURE ACCESS FOR INDIVIDUALS WITH 
            DISABILITIES.

    (a) In General.--The Secretary of Health and Human Services shall 
make a payment to each eligible State and each eligible unit of local 
government (as described in section 263).
    (b) Use of Funds.--An eligible State and eligible unit of local 
government shall use the payment received under this part for--
            (1) making polling places, including the path of travel, 
        entrances, exits, and voting areas of each polling facility, 
        accessible to individuals with disabilities, including the blind 
        and visually impaired, in a manner that provides the same 
        opportunity for access and participation (including privacy and 
        independence) as for other voters; and
            (2) providing individuals with disabilities and the other 
        individuals described in paragraph (1) with information about 
        the accessibility of polling places, including outreach programs 
        to inform the individuals about the availability of accessible 
        polling places and training election officials, poll workers, 
        and election volunteers on how best to promote the access and 
        participation of individuals with disabilities in elections for 
        Federal office.

    (c) Schedule of Payments.--As soon as practicable after the date of 
the enactment of this Act (but in no event later than 6 months 
thereafter), and not less frequently than once each calendar year 
thereafter, the Secretary shall make payments under this part.

SEC. 262. <<NOTE: 42 USC 15422.>> AMOUNT OF PAYMENT.

    (a) In General.--The amount of a payment made to an eligible State 
or an eligible unit of local government for a year under this part shall 
be determined by the Secretary.
    (b) Continuing Availability of Funds After Appropriation.--A payment 
made to an eligible State or eligible unit of local government under 
this part shall be available without fiscal year limitation.

SEC. 263. <<NOTE: 42 USC 15423.>> REQUIREMENTS FOR ELIGIBILITY.

    (a) Application.--Each State or unit of local government that 
desires to receive a payment under this part for a fiscal year shall 
submit an application for the payment to the Secretary at such time and 
in such manner and containing such information as the Secretary shall 
require.
    (b) Contents of Application.--Each application submitted under 
subsection (a) shall--
            (1) describe the activities for which assistance under this 
        section is sought; and
            (2) provide such additional information and certifications 
        as the Secretary determines to be essential to ensure compliance 
        with the requirements of this part.

    (c) Protection Against Actions Based on Information in 
Application.--

[[Page 116 STAT. 1699]]

            (1) In general.--No action may be brought under this Act 
        against a State or unit of local government on the basis of any 
        information contained in the application submitted under 
        subsection (a).
            (2) Exception for criminal acts.--Paragraph (1) may not be 
        construed to limit the liability of a State or unit of local 
        government for criminal acts or omissions.

SEC. 264. <<NOTE: 42 USC 15424.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out the provisions of this part the following amounts:
            (1) For fiscal year 2003, $50,000,000.
            (2) For fiscal year 2004, $25,000,000.
            (3) For fiscal year 2005, $25,000,000.

    (b) Availability.--Any amounts appropriated pursuant to the 
authority of subsection (a) shall remain available without fiscal year 
limitation until expended.

SEC. 265. <<NOTE: 42 USC 15425.>> REPORTS.

    (a) Reports by <<NOTE: Deadline.>> Recipients.--Not later than the 6 
months after the end of each fiscal year for which an eligible State or 
eligible unit of local government received a payment under this part, 
the State or unit shall submit a report to the Secretary on the 
activities conducted with the funds provided during the year, and shall 
include in the report a list of expenditures made with respect to each 
category of activities described in section 261(b).

    (b) Report by Secretary to Committees.--With respect to each fiscal 
year for which the Secretary makes payments under this part, the 
Secretary shall submit a report on the activities carried out under this 
part to the Committee on House Administration of the House of 
Representatives and the Committee on Rules and Administration of the 
Senate.

      PART 3--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

SEC. 271. <<NOTE: 42 USC 15441.>> GRANTS FOR RESEARCH ON VOTING 
            TECHNOLOGY IMPROVEMENTS.

    (a) In General.--The Commission shall make grants to assist entities 
in carrying out research and development to improve the quality, 
reliability, accuracy, accessibility, affordability, and security of 
voting equipment, election 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 require) an application containing--
            (1) certifications that the research and development funded 
        with the grant will take into account the need to make voting 
        equipment fully accessible for individuals with disabilities, 
        including the blind and visually impaired, 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

[[Page 116 STAT. 1700]]

            (2) such other information and certifications 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).
    (d) Recommendation of Topics for Research.--
            (1) <<NOTE: Records.>>  In general.--The Director of the 
        National Institute of Standards and Technology (hereafter in 
        this section referred to as the ``Director'') shall submit to 
        the Commission an annual list of the Director's suggestions for 
        issues which may be the subject of research funded with grants 
        awarded under this part during the year.
            (2) Review of grant applications received by commission.--
        The Commission shall submit each application it receives for a 
        grant under this part to the Director, who shall review the 
        application and provide the Commission with such comments as the 
        Director considers appropriate.
            (3) Monitoring and adjustment of grant activities at request 
        of commission.--After the Commission has awarded a grant under 
        this part, the Commission may request that the Director monitor 
        the grant, and (to the extent permitted under the terms of the 
        grant as awarded) the Director may recommend to the Commission 
        that the recipient of the grant modify and adjust the activities 
        carried out under the grant.
            (4) Evaluation of grants at request of commission.--
                    (A) In general.--In the case of a grant for which 
                the Commission submits the application to the Director 
                under paragraph (2) or requests that the Director 
                monitor the grant under paragraph (3), the Director 
                shall prepare and submit to the Commission an evaluation 
                of the grant and the activities carried out under the 
                grant.
                    (B) Inclusion in reports.--The Commission shall 
                include the evaluations submitted under subparagraph (A) 
                for a year in the report submitted for the year under 
                section 207.

    (e) Provision of Information on Projects.--The Commission may 
provide to the Technical Guidelines Development Committee under part 3 
of subtitle A such information regarding the activities funded under 
this part as the Commission deems necessary to assist the Committee in 
carrying out its duties.

SEC. 272. <<NOTE: 42 USC 15442.>> REPORT.

    (a) In General.--Each entity which receives a grant under this part 
shall submit to the Commission a report describing the activities 
carried out with the funds provided under the grant.
    (b) Deadline.--An entity shall submit a report required 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. 273. <<NOTE: 42 USC 15443.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for grants 
under this part $20,000,000 for fiscal year 2003.

[[Page 116 STAT. 1701]]

    (b) Availability of Funds.--Amounts appropriated pursuant to the 
authorization under this section shall remain available, without fiscal 
year limitation, until expended.

  PART 4--PILOT <<NOTE: Grants.>> PROGRAM FOR TESTING OF EQUIPMENT AND 
TECHNOLOGY

SEC. 281. <<NOTE: 42 USC 15451.>> PILOT PROGRAM.

    (a) In General.--The Commission shall make grants to carry out pilot 
programs under which new technologies in voting systems and equipment 
are tested and implemented on a trial basis so that the results of such 
tests and trials are reported to Congress.
    (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 require) an application containing--
            (1) certifications that the pilot programs funded with the 
        grant will take into account the need to make voting equipment 
        fully accessible for individuals with disabilities, including 
        the blind and visually impaired, 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 the requirements of this Act); and
            (2) such other information and certifications as the 
        Commission may require.

    (c) Recommendation of Topics for Pilot Programs.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology (hereafter in this section referred to 
        as the ``Director'') shall submit to the Commission an annual 
        list of the Director's suggestions for issues which may be the 
        subject of pilot programs funded with grants awarded under this 
        part during the year.
            (2) Review of grant applications received by commission.--
        The Commission shall submit each application it receives for a 
        grant under this part to the Director, who shall review the 
        application and provide the Commission with such comments as the 
        Director considers appropriate.
            (3) Monitoring and adjustment of grant activities at request 
        of commission.--After the Commission has awarded a grant under 
        this part, the Commission may request that the Director monitor 
        the grant, and (to the extent permitted under the terms of the 
        grant as awarded) the Director may recommend to the Commission 
        that the recipient of the grant modify and adjust the activities 
        carried out under the grant.
            (4) Evaluation of grants at request of commission.--
                    (A) In general.--In the case of a grant for which 
                the Commission submits the application to the Director 
                under paragraph (2) or requests that the Director 
                monitor the grant under paragraph (3), the Director 
                shall prepare and submit to the Commission an evaluation 
                of the grant and the activities carried out under the 
                grant.
                    (B) Inclusion in reports.--The Commission shall 
                include the evaluations submitted under subparagraph (A) 
                for a year in the report submitted for the year under 
                section 207.

[[Page 116 STAT. 1702]]

    (d) Provision of Information on Projects.--The Commission may 
provide to the Technical Guidelines Development Committee under part 3 
of subtitle A such information regarding the activities funded under 
this part as the Commission deems necessary to assist the Committee in 
carrying out its duties.

SEC. 282. <<NOTE: 42 USC 15452.>> REPORT.

    (a) In General.--Each entity which receives a grant under this part 
shall submit to the Commission a report describing the activities 
carried out with the funds provided under the grant.
    (b) Deadline.--An entity shall submit a report required 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. 283. <<NOTE: 42 USC 15453.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for grants 
under this part $10,000,000 for fiscal year 2003.
    (b) Availability of Funds.--Amounts appropriated pursuant to the 
authorization under this section shall remain available, without fiscal 
year limitation, until expended.

                 PART 5--PROTECTION AND ADVOCACY SYSTEMS

SEC. 291. <<NOTE: 42 USC 15461.>> PAYMENTS FOR PROTECTION AND ADVOCACY 
            SYSTEMS.

    (a) In General.--In addition to any other payments made under this 
subtitle, the Secretary of Health and Human Services shall pay the 
protection and advocacy system (as defined in section 102 of the 
Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 
U.S.C. 15002)) of each State to ensure full participation in the 
electoral process for individuals with disabilities, including 
registering to vote, casting a vote and accessing polling places. In 
providing such services, protection and advocacy systems shall have the 
same general authorities as they are afforded under subtitle C of title 
I of the Developmental Disabilities Assistance and Bill of Rights Act of 
2000 (42 U.S.C. 15041 et seq.).
    (b) Minimum Grant Amount.--The minimum amount of each grant to a 
protection and advocacy system shall be determined and allocated as set 
forth in subsections (c)(3), (c)(4), (c)(5), (e), and (g) of section 509 
of the Rehabilitation Act of 1973 (29 U.S.C. 794e), except that the 
amount of the grants to systems referred to in subsections (c)(3)(B) and 
(c)(4)(B) of that section shall be not less than $70,000 and $35,000, 
respectively.
    (c) Training and Technical Assistance Program.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 90 days 
        after the date on which the initial appropriation of funds for a 
        fiscal year is made pursuant to the authorization under section 
        292, the Secretary shall set aside 7 percent of the amount 
        appropriated under such section and use such portion to make 
        payments to eligible entities to provide training and technical 
        assistance with respect to the activities carried out under this 
        section.
            (2) Use of funds.--A recipient of a payment under this 
        subsection may use the payment to support training in the use of 
        voting systems and technologies, and to demonstrate and evaluate 
        the use of such systems and technologies, by individuals with 
        disabilities (including blindness) in order to

[[Page 116 STAT. 1703]]

        assess the availability and use of such systems and technologies 
        for such individuals. At least one of the recipients under this 
        subsection shall use the payment to provide training and 
        technical assistance for nonvisual access.
            (3) Eligibility.--An entity is eligible to receive a payment 
        under this subsection if the entity--
                    (A) is a public or private nonprofit entity with 
                demonstrated experience in voting issues for individuals 
                with disabilities;
                    (B) is governed by a board with respect to which the 
                majority of its members are individuals with 
                disabilities or family members of such individuals or 
                individuals who are blind; and
                    (C) submits to the Secretary an application at such 
                time, in such manner, and containing such information as 
                the Secretary may require.

SEC. 292. <<NOTE: 42 USC 15462.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any other amounts authorized to be 
appropriated under this subtitle, there are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2003, 2004, 2005, 
and 2006, and for each subsequent fiscal year such sums as may be 
necessary, for the purpose of making payments under section 291(a); 
except that none of the funds provided by this subsection shall be used 
to initiate or otherwise participate in any litigation related to 
election-related disability access, notwithstanding the general 
authorities that the protection and advocacy systems are otherwise 
afforded under subtitle C of title I of the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
    (b) Availability.--Any amounts appropriated pursuant to the 
authority of this section shall remain available until expended.

            PART 6--NATIONAL STUDENT AND PARENT MOCK ELECTION

SEC. 295. <<NOTE: 42 USC 15471.>> NATIONAL STUDENT AND PARENT MOCK 
            ELECTION.

    (a) In General.--The <<NOTE: Grants.>> Election Assistance 
Commission is authorized to award grants to the National Student and 
Parent Mock Election, a national nonprofit, nonpartisan organization 
that works to promote voter participation in American elections to 
enable it to carry out voter education activities for students and their 
parents. Such activities may--
            (1) include simulated national elections at least 5 days 
        before the actual election that permit participation by students 
        and parents from each of the 50 States in the United States, its 
        territories, the District of Columbia, and United States schools 
        overseas; and
            (2) consist of--
                    (A) school forums and local cable call-in shows on 
                the national issues to be voted upon in an ``issues 
                forum'';
                    (B) speeches and debates before students and parents 
                by local candidates or stand-ins for such candidates;
                    (C) quiz team competitions, mock press conferences, 
                and speech writing competitions;
                    (D) weekly meetings to follow the course of the 
                campaign; or

[[Page 116 STAT. 1704]]

                    (E) school and neighborhood campaigns to increase 
                voter turnout, including newsletters, posters, telephone 
                chains, and transportation.

    (b) Requirement.--The <<NOTE: Awards.>>  National Student and Parent 
Mock Election shall present awards to outstanding student and parent 
mock election projects.

SEC. 296. <<NOTE: 42 USC 15472.>> AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the provisions 
of this subtitle $200,000 for fiscal year 2003 and such sums as may be 
necessary for each of the 6 succeeding fiscal years.

    TITLE III--UNIFORM AND NONDI