REQUIREMENTS PAYMENTS.

SEC. 588. REQUIREMENTS PAYMENTS.(a) Use of Funds.—Section 251(b) of the Help America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended—(1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and(2) by adding at the end the following new paragraph:“(3) Activities under uniformed and overseas citizens absentee voting act.—A State shall use a requirements payment made using funds appropriated pursuant to the authorization under section 257(a)(4) only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Empowerment Act.”.(b) Conditions for Receipt of Funds.—(1) Inclusion of compliance in state plan.—(A) In general.—Section 254(a) of the Help America Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by adding at the end the following new paragraph:“(14) How the State will comply with the provisions and requirements of and amendments made by the Military and Overseas Voter Empowerment Act.”.(B) Conforming amendment.—Section 253(b)(1)(A) of such Act (42 U.S.C. 15403(b)(1)(A)) is amended by striking “section 254” and inserting “section 254(a) (or, for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 257(a)(4), contains the element described in paragraph (14) of such section)”.(2) Waiver of plan for application of administrative complaint procedures.—Section 253(b)(2) of such Act (42 U.S.C. 15403(b)(2)) is amended—(A) by striking “(2) The State” and inserting “(2)(A) Subject to subparagraph (B), the State”; and(B) by adding at the end the following new subparagraph:“(B) Subparagraph (A) shall not apply for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 257(a)(4).”.(3) Special rule for provision of 5 percent match.—Section 253(b)(5) of such Act (42 U.S.C. 15403(b)(5)) is amended—(A) by striking “(5) The State” and inserting “(5)(A) Subject to subparagraph (B), the State”; and(B) by adding at the end the following new subparagraph:123 STAT. 2334 “(B) Subparagraph (A) shall not apply for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 257(a)(4) for fiscal year 2010, except that if the State does not appropriate funds in accordance with subparagraph (A) prior to the last day of fiscal year 2011, the State shall repay to the Commission the requirements payment which is appropriated pursuant to such authorization.”.(c) Authorization.—Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 15407(a)) is amended by adding at the end the following new paragraph:“(4) For fiscal year 2010 and subsequent fiscal years, such sums as are necessary for purposes of making requirements payments to States to carry out the activities described in section 251(b)(3).”.