systems) which it has the authority to carry out as of the date Subtitle B-Coverage of Commission SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN (a) COVERAGE UNDER HATCH ACT.-Section 7323(b)(2)(B)(i)(I) of title 5, United States Code, is amended by inserting "or the Election Assistance Commission" after "Commission". (b) EXCLUSION FROM SENIOR EXECUTIVE SERVICE.-Section 3132(a)(1)(C) of title 5, United States Code, is amended by inserting "or the Election Assistance Commission" after "Commission". SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978. (a) IN GENERAL.-Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting "the Election Assistance Commission," after "Federal Election Commission,”. (b) EFFECTIVE DATE.-The amendment made by subsection (a) 5 USC app. 8G shall take effect 180 days after the appointment of all members of the Election Assistance Commission under section 203. TITLE IX-MISCELLANEOUS SEC. 901. STATE DEFINED. In this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. SEC. 902. AUDITS AND REPAYMENT OF FUNDS. (a) RECORDKEEPING REQUIREMENT.-Each recipient of a grant or other payment made under this Act shall keep such records with respect to the payment as are consistent with sound accounting principles, including records which fully disclose the amount and disposition by such recipient of funds, the total cost of the project or undertaking for which such funds are used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) AUDITS AND EXAMINATIONS.— (1) AUDITS AND EXAMINATIONS.-Except as provided in paragraph (5), each office making a grant or other payment under this Act, or any duly authorized representative of such office, may audit or examine any recipient of the grant or payment and shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient which in the opinion of the entity may be related or pertinent to the grant or payment. 42 USC 15541. 42 USC 15542. (2) RECIPIENTS OF ASSISTANCE SUBJECT TO PROVISIONS OF SECTION. The provisions of this section shall apply to all recipi- Applicability. ents of grants or other payments under this Act, whether by direct grant, cooperative agreement, or contract under this Act or by subgrant or subcontract from primary grantees or contractors under this Act. (3) MANDATORY AUDIT.-In addition to audits conducted pursuant to paragraph (1), all funds provided under this Act shall be subject to mandatory audit by the Comptroller General at least once during the lifetime of the program involved. For purposes of an audit under this paragraph, the Comptroller General shall have access to books, documents, papers, and records of recipients of funds in the same manner as the office making the grant or payment involved has access to such books, documents, papers, and records under paragraph (1). (4) SPECIAL RULE FOR PAYMENTS BY GENERAL SERVICES ADMINISTRATION.-With respect to any grant or payment made under this Act by the Administrator of General Services, the Election Assistance Commission shall be deemed to be the office making the grant or payment for purposes of this section. (5) SPECIAL RULE.-In the case of grants or payments made under section 251, audits and examinations conducted under paragraph (1) shall be performed on a regular basis (as determined by the Commission). (6) SPECIAL RULES FOR AUDITS BY THE COMMISSION.-In addition to the audits described in paragraph (1), the Election Assistance Commission may conduct a special audit or special examination of a recipient described in paragraph (1) upon a vote of the Commission. (c) RECOUPMENT OF FUNDS.-If the Comptroller General determines as a result of an audit conducted under subsection (b) that(1) a recipient of funds under this Act is not in compliance with each of the requirements of the program under which the funds are provided; or (2) an excess payment has been made to the recipient under the program, the recipient shall pay to the office which made the grant or payment involved a portion of the funds provided which reflects the proportion of the requirements with which the recipient is not in compliance, or the extent to which the payment is in excess, under the program involved. SEC. 903. CLARIFICATION OF ABILITY OF ELECTION OFFICIALS TO REMOVE REGISTRANTS FROM OFFICIAL LIST OF VOTERS ON GROUNDS OF CHANGE OF RESIDENCE. Section 8(b)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(b)(2)) is amended by striking the period at the end and inserting the following: ", except that nothing in this paragraph may be construed to prohibit a State from using the procedures described in subsections (c) and (d) to remove an individual from the official list of eligible voters if the individual "(A) has not either notified the applicable registrar (in person or in writing) or responded during the period described in subparagraph (B) to the notice sent by the applicable registrar; and then "(B) has not voted or appeared to vote in 2 or more consecutive general elections for Federal office.". SEC. 904. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELEC- 42 USC 15543. TORAL FRAUD STATUTES AND PENALTIES. (a) REVIEW.-The Attorney General shall conduct a review of criminal statutes concerning election offenses to existing determine (1) whether additional statutory offenses are needed to secure the use of the Internet for election purposes; and (2) whether existing penalties provide adequate punishment and deterrence with respect to such offenses. (b) REPORT.-The Attorney General shall submit a report to the Committees on the Judiciary of the Senate and House of Representatives, the Committee on Rules and Administration of the Senate, and the Committee on House Administration of the House of Representatives on the review conducted under subsection (a) together with such recommendations for legislative and administrative action as the Attorney General determines appropriate. SEC. 905. OTHER CRIMINAL PENALTIES. (a) CONSPIRACY TO DEPRIVE VOTERS OF A FAIR ELECTION.— Any individual who knowingly and willfully gives false information in registering or voting in violation of section 11(c) of the National Voting Rights Act of 1965 (42 U.S.C. 1973i(c)), or conspires with another to violate such section, shall be fined or imprisoned, or both, in accordance with such section. (b) FALSE INFORMATION IN REGISTERING AND VOTING.-Any individual who knowingly commits fraud or knowingly makes a false statement with respect to the naturalization, citizenry, or alien registry of such individual in violation of section 1015 of title 18, United States Code, shall be fined or imprisoned, or both, in accordance with such section. SEC. 906. NO EFFECT ON OTHER LAWS. (a) IN GENERAL.-Except as specifically provided in section 303(b) of this Act with regard to the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), nothing in this Act may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). (2) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.). (3) The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.). (4) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.). (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 42 USC 15544. 42 USC 15545. (b) NO EFFECT ON PRECLEARANCE OR OTHER REQUIREMENTS No UNDER VOTING RIGHTS ACT.-The approval by the Administrator or the Commission of a payment or grant application under title I or title II, or any other action taken by the Commission or a State under such title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c) or any other requirements of such Act. Approved October 29, 2002. LEGISLATIVE HISTORY-H.R. 3295 (S. 565): HOUSE REPORTS: Nos. 107-329, Pt. 1 (Comm. on House Administration) and 107-730 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 147 (2001): Dec. 12, considered and passed House. Vol. 148 (2002): Apr. 11, considered and passed Senate, amended, in lieu of S. 565. Oct. 10, House agreed to conference report. Oct. 15, 16, Senate considered, receded from its amendment, WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): Public Law 107-253 107th Congress An Act To authorize the National Oceanic and Atmospheric Administration, through the United States Weather Research Program, to conduct research and development, training, and outreach activities relating to inland flood forecasting improvement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. Oct. 29, 2002 [H.R. 2486] Inland Flood This Act may be cited as the "Inland Flood Forecasting and 15 USC 311 note. Warning System Act of 2002". SEC. 2. AUTHORIZED ACTIVITIES. The National Oceanic and Atmospheric Administration, through the United States Weather Research Program, shall— (1) improve the capability to accurately forecast inland flooding (including inland flooding influenced by coastal and ocean storms) through research and modeling; (2) develop, test, and deploy a new flood warning index that will give the public and emergency management officials fuller, clearer, and more accurate information about the risks and dangers posed by expected floods; (3) train emergency management officials, National Weather Service personnel, meteorologists, and others as appropriate regarding improved forecasting techniques for inland flooding, risk management techniques, and use of the inland flood warning index developed under paragraph (2); (4) conduct outreach and education activities for local meteorologists and the public regarding the dangers and risks associated with inland flooding and the use and understanding of the inland flood warning index developed under paragraph (2); and (5) assess, through research and analysis of previous trends, among other activities (A) the long-term trends in frequency and severity of inland flooding; and (B) how shifts in climate, development, and erosion patterns might make certain regions vulnerable to more continual or escalating flood damage in the future. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this Act $1,250,000 for each of the fiscal years 2003 through 2005, of which $100,000 for each fiscal year shall be available for competitive 15 USC 313c. 15 USC 313c note. |