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:

• Carrying out duties relating to the development and adoption of voluntary voting system guidelines, including the maintenance of information on the experiences of States in implementing the guidelines and in the general operation of voting systems.

• Carrying out duties related to the testing, certification, decertification, and recertification of voting system hardware and software.

• Conducting studies and other activities to promote the effective administration of Federal elections.

• Carrying out duties related to election assistance and providing information and training on the management of the Grant programs.

• Developing and carrying out the Help America Vote College Program.

• Disseminating to the public, on an ongoing basis, (through the Internet, published reports, and other appropriate means) information on the activities carried out under this Act. All votes taken by the Commission.

• Such other information and recommendations as the Commission considers appropriate.

• Not later than January 31^st of each year beginning in 2004, submitting a report to the Committee on House Administration, and the Senate Rules and Administration Committee detailing its activities during the fiscal year which ended on September 30 of the previous calendar year. The report shall include:

• A detailed description of activities conducted under each program area of this Act, including information on each grant or payment.

• A copy of each report submitted to the Commission by grant recipients.

• Information on the voluntary voting system guidelines adopted or modified by the Commission.

• All votes taken by the Commission.

• Such other information and recommendations as the Commission considers appropriate.

• Carrying out duties previously assigned to the FEC under Section 9(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)).

• The Technical Guidelines Development Committee shall submit its first set of recommendations to the Executive Director not later than 9 months after all Commission members have been appointed.

• Final adoption of Voluntary Voting System Guidelines shall be published in the Federal Register after publication of an initial Notice of Proposed Guidelines, a public comment period, and a public hearing.

• The proposed guidelines shall be submitted for review, comment, and recommendation to the Board of Advisors and the Standards Board. The Boards have a minimum 90 day review period before the Commission votes on final adoption.

• The majority of the Commission must vote to approve the adoption of the updated guidelines taking into consideration the comments and recommendations submitted by the Boards.

The Commission shall provide for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories.

• No later than 3 months after the Commission first adopts voluntary voting system guidelines , the Director of NIST shall conduct an evaluation of independent, non-federal laboratories and submit to the Commission a list of those to be accredited.

• The Commission shall vote on the accreditation of any testing laboratoty.

• The Commission shall receive recommendations with respect to continuing accreditation (and revocation when necessary) from the Director of NIST and in consultation with the Standards Board and Board of Advisors.

• Laboratory accreditation may not be revoked without a majority vote of the Commission.

(The current NASED system for accreditation, testing etc. shall remain in effect until changed by the EAC).

On a basis to be determined by the Commission, public studies shall be conducted on various election administration issues. The goal of the studies will be to promote methods of voting and election administration which are the most convenient, accessible and easy to use for all voters (UOCAVA, disabled, limited English); will yield the most accurate, secure, and expeditious system for voting and vote tabulation; will be nondiscriminatory; and will be efficient and cost effective.

Issues to be studied in this section are:

• Methods and mechanisms of election technology and voting systems used in voting and vote counting including the over-vote and under-vote notification capabilities of such technology and systems.

• Ballot designs for Federal elections.

• Methods of voter registration and the maintenance of secure and accurate lists of registered voters.

• Methods of conducting provisional voting.

• Methods of ensuring accessibility to the election process including limited English proficiency.

• Nationwide statistics and methods of identifying, deterring and investigating voter fraud.

• Identifying, deterring and investigating methods of voter intimidation.

• Methods of recruiting, training, and improving the performance of poll workers.

• Methods of educating voters about voter registration, voting, operating voting mechanisms, locating polling places and other aspects of participation.

• The feasibility and advisability of alternative methods for voting, alternative days for voting (making election day public holiday etc.), alternative places and hours of voting, including uniform poll closing times.

• Federal and State laws governing the eligibility of persons to vote.

• Methods by which the Federal government can best assist State and local authorities to improve election administration and what levels of funding would be needed for such improvements.

• State laws and procedures governing recounts (and need for more consistency among State laws), contested elections (and best practices), standards of what constitutes a vote on the different types of voting systems.

• The technical feasibility of providing voting materials in 8 or more languages.

• Matters relevant to voting and election administration in rural and urban areas.

• Methods of voter registration for uniformed and overseas voters.

• Best methods for establishing voting system performance benchmarks, expressed as a percentage of residual vote.

• Broadcasting false information related to the location or times of operation of polling places.

• Such other matters as the Commission may deem appropriate.

The Commission shall submit a report on each study conducted, with recommendations for administrative or legislative action, to the President, to the House Administration Committee, and to the Senate Rules and Administration Committee.

The Commission shall make a requirements payment each year in an amount expressed as a percentage equal to the quotient of the voting age population of the State as reported in the most recent decennial census and the total voting age population of the United States as reported in the most recent decennial census. The amount of requirements payments made to a State for a year may not be less than ½ of 1 % of the total amount appropriated for these payments in the case of the several States or the District of Columbia, or 1/10 of 1% in the case of Puerto Rico, Guam, American Samoa, or the U.S. Virgin Islands. Requirements payments to a State shall be available to the State without fiscal year limitation. (No State is required to implement any of the voluntary voting system guidelines or any other voluntary guidance adopted by the Commission as a condition for receiving a requirements payment).

A State is eligible to receive a requirements payment for a fiscal year if the chief executive officer of the State, in consultation with the chief State election official has filed with the Commission a statement certifying that the State is in compliance with the requirements outlined in Section 253 (b). In the case of a State that requires State legislation to establish a State Election Fund, the Commission shall defer disbursement of the requirements payment to such State until such time as legislation establishing the fund is enacted. The Commission shall also have published in the Federal register each State Plan described in Section 254 of this subtitle.

The Commission shall make requirements payments to the States as soon as practical 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 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. The Director of the National Institute of Standards and Technology will submit to the Commission on an annual basis, a list of suggestions for issues that may be the subject of research funded with grants awarded under this section.

The Commission shall make grants to carry out pilot programs under which new technologies in voting systems and voting equipment are tested and implemented on a trial basis with the results of such tests being reported to Congress. The Director of the National Institute of Standards and Technology will submit to the Commission on an annual basis, a list of suggestions for issues that may be the subject of pilot programs research funded with grants awarded under this section.

The 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 through voter education activities for students and their parents.

In consultation with the Secretary of Defense, the Commission shall conduct a study on best practices for facilitating voting by absent uniformed personnel and overseas voters.

The Commission shall consider the following issues:

• Residency issues for uniformed and overseas voters.

• Rights of such voters to submit absentee ballot applications early during an election year.

• The appropriate deadline for mailing absentee ballots to such voters.

• The appropriate period between mailing absentee ballots to such voters and the deadline for receipt of the ballots.

• The timely transmission of balloting materials to such voters.

• Security and privacy concerns in the transmission, receipt and processing of ballots from such voters, including protection against fraud.

• The use of a single application by such voters for absentee ballots for all Federal elections occurring during a year.

• The use of a single application for voter registration and absentee ballots by such voters.

• The use of facsimile machines and electronic transmission of absentee ballot applications and absentee ballots to such voters.

• Other issues related to the rights of such voters to participate in elections.

Not later than 18months after enactment of this Act, the Commission shall submit to the President and Congress a report on this study along with recommendations identifying best practices used in this study area.

The Commission, in consultation with the Director of NIST, shall study and assess the areas of human factor research, including usability and human-computer/machine interaction which could be applied to voting products and system design to ensure usability and accuracy. This assessment should include:

• Methods to improve access for individuals with disabilities.

• Methods to improve access for individuals with limited English language proficiency.

• Methods to reduce voter error and the number of spoiled ballots.

Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress assessing these issues.

The study of voter registration by mail shall include the following specific issues:

• An examination of the impact of Sec. 303 (b) [requirements for those who Register by Mail] on first time mail registrant voters who vote in person, including the impact on voter registration.

• An examination of the impact of Se. 303 (b) on the accuracy of voter rolls, including prevention of ineligibles from being added to the rolls and ensuring all eligibles are added to the rolls.

• An analysis of the impact of Sec. 303 (b) on existing State practices such as signature verification and attestation procedures to verify voter ID, and an analysis of other changes that may be made to improve the registration process, such as verification or additional information on the registration card.

Not later than 18 months after the date on which Sec. 303 (b) takes effect, the Commission shall submit a report to the President and Congress on this study with recommendations for administrative and legislative action deemed appropriate.

The Commission, in consultation with the Commissioner of Social Security, shall study the feasibility and advisability of using Social Security Numbers or other information compiled by the SSA to establish voter registration or other election law eligibility or identification requirements, including 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 voter privacy.

Not later than 18 months after the date on which section 303 (a)(5) takes effect, the Commission shall report to Congress the results of this study.

The Commission shall conduct a study of issues and challenges, specifically to include the potential for fraud, presented by incorporating communications and internet technologies in the Federal, state, and local electoral process. The Commission may include the following in this study:

• An examination of the appropriate security measures required and minimum standards for certification of systems or technologies to minimize the potential for fraud in the voting or registration process.

• Methods such as internet or other communications technologies that may be used in the election process to register and vote, including recommendations concerning statutes and rules to be adopted in order to implement an online or internet system.

• The requirements for authorization of collection, storage and processing of electronically generated digital messages to permit eligible individuals to register, vote, and apply for and vote an absentee ballot.

• The implementation costs of online or internet voting or voter registration systems to compare cost savings.

• Identification of current and foreseeable online or internet technologies for use in registration, voting, and/or reducing election fraud currently available or in use by election authorities.

• The means by which to ensure equal access to online or internet voting.

• The impact of technology on the speed, timeliness, and accuracy of vote counts.

Not later than 20 months after the date of enactment of this Act, the Commission shall transmit to the Committee on House Administration and the Committee on Rules and Administration of the Senate a report on the results of this study, including recommendations or model State laws. The Commission shall also post this report on its web site.

In consultation with the Standards Board and Board of Advisors, the Commission shall conduct a study on the feasibility and advisability of establishing a program under which the U.S. 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.

(This would not apply to postage costs for sending absentee ballots to the voters, or for balloting materials covered under UOCAVA)

Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report to include:

• An estimate of the costs of establishing such a program.
• An analysis of the feasibility of implementing such a program with respect to absentee ballots to be submitted for the 2004 Federal general election.
• Recommendations on ways the program would target elderly and disabled populations; and
• Identify methods to increase the number of elderly and disabled individuals voting in Federal general elections.

Establishment

Not later than 1 year after the appointment of its members, the Commission shall develop the "Help America Vote College Program" in order to:

• Encourage students enrolled in institutions of higher education (including community colleges) to assist State and local governments in the administration of elections by serving as nonpartisan poll workers, and

• To encourage State and local governments to use students involved in this program.

In consultation with the chief election official in each State, the Commission shall develop materials, sponsor seminars and workshops, target advertising to students, make grants, and take other actions appropriate to meet the purposes of this Program. The Commission shall also insure that funds provided via grants are spent for projects and activities carried out in a nonpartisan manner, shall encourage institutions of higher education to participate in the Program, and shall provide all materials and assistance without charge to participating institutions.

This section specifies that all recipients of grants or other payments under this Act are subject to audits and examinations as outlined, the Election Assistance Commission has several specific responsibilities.

Section 902 (b)(4) states that the Election Assistance Commission shall be deemed to be the grant making office for any grant or payment made under this Act by the General Services Administration (GSA).

Section 902 (b)(5) Requires the Election Assistance Commission to perform audits on a regular basis (as determined by the EAC) in the case of grants made pursuant to the Section 251 requirements payments.

Section 902 (b)(6) permits the Election Assistance Commission to conduct special audits or examinations of any recipient of a grant or payment made under this Act upon a vote of the EAC.