[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 263 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 263
To establish an Election Administration Commission to study Federal,
State, and local voting procedures and election administration and
provide grants to modernize voting procedures and election
administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2001
Mr. Thomas M. Davis of Virginia (for himself, Mr. Rothman, Mr. Kennedy
of Rhode Island, Mrs. Wilson, Mr. Dreier Mr. Hastings of Florida, Mr.
Filner, Mr. Rodriguez, Mr. Moran of Virginia, Mr. McDermott, Ms.
Rivers, Mr. Whitfield, and Mr. Crowley) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish an Election Administration Commission to study Federal,
State, and local voting procedures and election administration and
provide grants to modernize voting procedures and election
administration, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Election Reform
Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ELECTION ADMINISTRATION COMMISSION
Sec. 101. Establishment of Election Administration Commission.
Sec. 102. Duties of the Commission.
Sec. 103. Membership.
Sec. 104. Powers of the Commission.
Sec. 105. Commission personnel matters.
Sec. 106. Authorization of appropriations.
Sec. 107. Office of Election Administration of the Federal Election
Commission.
Sec. 108. Uniformed and Overseas Citizens Absentee Voting Act.
Sec. 109. Technical amendments.
TITLE II--ELECTION ADMINISTRATION ADVISORY BOARD
Sec. 201. Establishment of Election Administration Advisory Board.
Sec. 202. Duty of the Board.
Sec. 203. Board personnel matters.
Sec. 204. Termination of the Board.
Sec. 205. Authorization of appropriations.
TITLE III--ABSENT UNIFORMED SERVICES VOTERS
Sec. 301. Maximizing access to the polls by absent uniformed services
voters.
TITLE IV--MISCELLANEOUS
Sec. 401. Relationship to other laws.
TITLE I--ELECTION ADMINISTRATION COMMISSION
SEC. 101. ESTABLISHMENT OF ELECTION ADMINISTRATION COMMISSION.
There is established the Election Administration Commission (in
this Act referred to as the ``Commission'').
SEC. 102. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall--
(1)(A) not later than 1 year after the date of enactment of
this Act, develop and adopt, by vote of the Commission,
voluntary engineering and procedural performance standards for
voting systems used in Federal, State, and local elections; and
(B) not less frequently than once every 4 years, update the
standards developed and adopted under subparagraph (A) by vote
of the Commission;
(2)(A) advise States regarding compliance with the
requirements of the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.) and compliance with
other Federal laws regarding accessibility of registration
facilities and polling places;
(B) not later than 1 year after the date of enactment of
this Act, develop and adopt, by vote of the Commission,
voluntary procedures for maintaining and enhancing the
accessibility of registration facilities, polling places, and
voting methods for voters, including disabled voters; and
(C) not less frequently than once every 4 years, update the
voluntary procedures developed and adopted under subparagraph
(B);
(3) have primary responsibility to carry out Federal
functions under title I of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) as the
Presidential designee;
(4) develop, update, and adopt, by vote of the Commission,
not less often than every 4 years, recommendations for
voluntary procedures for maintaining and enhancing the
administration of Federal, State, and local elections;
(5) carry out the provisions of section 9 of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding
mail voter registration;
(6) make available information regarding the Federal
election system to the public and media;
(7) assemble and make available bipartisan panels of
election professionals to assist any State election official,
upon request, in review of election or vote counting procedures
in Federal, State, and local elections; and
(8) compile and make available to the public the official
certified results of Federal elections and statistics regarding
national voter registration and turnout.
(b) Study of Election Administration.--Beginning on the date that
is 1 day after the date on which all the members are initially
appointed to the Commission, the Commission shall make periodic
studies, which shall be made available to the public, of issues related
to the administration of elections, such as procedures which represent
the best practices in election administration, including--
(1) election technology and systems and ballot design;
(2) voter registration, and verification and maintenance of
voter rolls;
(3) access to polling places;
(4) alternative voting methods; and
(5) the accuracy and security of election procedures and
vote counts.
(c) Grant Program.--
(1) Grant authority.--
(A) In general.--Not less often than once each
calendar year, the Commission shall solicit and review
applications from State and local governments for
grants to improve and modernize the administration of
elections using procedures consistent with voluntary
recommendations adopted by the Commission.
(B) Award.--
(i) In general.--Subject to clause (ii),
the Commission shall, by vote, award grants to
State and local governments that submit
applications.
(ii) First 4 years.--During the first 4
years in which the Commission awards grants
under this subsection, the Commission shall, if
possible, award 51 percent of the amounts
available for each year under this subsection
to local governments that serve a population
whose average per capita income is among the
lowest \1/4\ in the State (as determined by the
Commission).
(2) State and local applications.--State and local
governments shall submit applications to the Commission for
grants under paragraph (1) at such time, in such manner, and
containing such information as the Commission shall by
regulation require.
(3) Use of funds.--
(A) Matching funds.--The Commission shall ensure
that any State or local government receiving a grant
under this subsection shall expend State or local funds
in an amount equal to not less than 25 percent of the
amount of the grant awarded.
(B) Audit.--A State or local government receiving a
grant under this subsection shall agree that any funds
under the grant are subject to audit whenever the
Commission, by vote, requests an audit.
(C) Waiver.--The Commission shall waive the
requirement of subparagraph (A) if the Commission
determines that the local government submitting an
application under paragraph (2) serves a population
whose average per capita income is among the lowest \1/
4\ in the State.
(4) Amount of grant; time.--
(A) Amount of grant.--The Commission shall award
grants under this subsection--
(i) for the first fiscal year, in an
aggregate amount not to exceed $500,000,000;
and
(ii) for each subsequent fiscal year,
$100,000,000 or such greater amount as may be
appropriated for such fiscal year.
(B) Time to allocate.--The Commission shall begin
review of applications for grants under this subsection
on the date which is 1 year and 45 days after the date
of enactment of this Act.
(5) Appropriations.--Funds appropriated for a fiscal year
to the Commission to award grants under this subsection that
are not used for such purpose shall be returned to the Treasury
by the end of such year.
(d) Report.--The Commission shall annually submit to the Committee
on Rules and Administration of the Senate and the Committee on House
Administration of the House of Representatives a report regarding the
activities of the Commission.
SEC. 103. MEMBERSHIP.
(a) Membership.--
(1) Composition.--The Commission shall be composed of 4
members appointed by the President, by and with the advice and
consent of the Senate.
(2) Party affiliation.--Not more than 2 of the 4 members
appointed under paragraph (1) may be members of the same party.
(3) Qualifications.--Members appointed under paragraph (1)
shall be chosen on the basis of experience with and knowledge
of State and local election administration, integrity,
impartiality, and good judgment, and members shall be
individuals who, at the time appointed to the Commission, are
not elected or appointed officers or employees in the executive
or legislative branch of the Federal Government. Such
individuals shall not engage in any other business, vocation,
or employment.
(4) Period of appointment; vacancies.--
(A) Period of appointment.--Members shall be
appointed for a term of 4 years, except that of the
members first appointed--
(i) 2 of the members, not affiliated with
the same party, shall be appointed for 5 years;
and
(ii) 2 of the members, not affiliated with
the same party, shall be appointed for 4 years.
(B) Vacancies.--
(i) 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.
(ii) Expired terms.--A member of the
Commission may 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.
(iii) Unexpired terms.--An individual
chosen to fill a vacancy shall be appointed for
the unexpired term of the member replaced.
(5) Compensation of members.--Each member of the Commission
shall receive compensation equivalent to the annual rate of
basic pay prescribed for level IV of the Executive Schedule,
under section 5315 of title 5, United States Code.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commission shall elect a
chairperson and vice chairperson from among its members
for a term of 1 year.
(B) Number of terms.--A member may serve as a
chairperson only once during any term of office to
which such member is appointed.
(C) Political affiliation.--The chairperson and
vice chairperson shall not be affiliated with the same
political party.
(b) Date of Appointment.--The appointments of the members of the
Commission shall be made not later than 45 days after the date of
enactment of this Act.
(c) Voting.--
(1) In general.--Each action of the Commission shall be
approved by a majority vote of the members of the Commission.
Each member of the Commission shall have 1 vote.
(2) Chairperson of the board.--After the members of the
Election Administration Advisory Board have elected a
chairperson of that Board under section 201(e), that
chairperson may vote on an action of the Commission if the
votes of the members of the Commission are equally divided with
respect to that action, and the result of such vote shall be
deemed to be approved by a majority vote of the members of the
Commission for purposes of paragraph (1).
(d) Meetings.--The Commission shall meet at the call of any member
of the Commission, but may not meet less often than monthly.
(e) Jurisdiction of Commission.--The Commission shall formulate and
administer policy with respect to the matters and duties in the
jurisdiction of the Commission under this title.
SEC. 104. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may hold such hearings
for the purpose of carrying out this title, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission considers advisable to carry out this title. 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 title. Upon request of
the chairperson 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
chairperson of the Commission, the Administrator of the General
Services Administration 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
title.
SEC. 105. COMMISSION PERSONNEL MATTERS.
(a) Staff.--
(1) In general.--The chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(b) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(c) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as may be necessary to carry out this title.
SEC. 107. OFFICE OF ELECTION ADMINISTRATION OF THE FEDERAL ELECTION
COMMISSION.
There are transferred to the Commission all functions that the
Office of Election Administration, established within the Federal
Election Commission, exercised before the date of enactment of this
Act.
SEC. 108. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.
(a) Transfer of Functions.--There are transferred to the Commission
established under section 101 all functions that the Presidential
designee under title 1 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.) exercised before the date of
enactment of this Act.
(b) Transition.--With the consent of the appropriate department or
agency concerned, the Commission is authorized to utilize the services
of such officers, employees, and other personnel of the departments and
agencies from which functions have been transferred to the Commission
for such period of time as may reasonably be needed to facilitate the
orderly transfer of functions under this section.
(c) Technical Amendment.--Section 101 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff) is amended by striking
subsection (a) and inserting the following:
``(a) Presidential Designee.--The Election Administration
Commission shall have primary responsibility for Federal functions
under this title as the Presidential designee.''.
SEC. 109. TECHNICAL AMENDMENTS.
(a) Federal Election Campaign Act.--Section 311(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) in paragraph (8), by inserting ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (10) and the second and third
sentences.
(b) National Voter Registration Act of 1993.--Section 9(a) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) is amended
by striking ``Federal Election Commission'' and inserting ``Election
Administration Commission''.
TITLE II--ELECTION ADMINISTRATION ADVISORY BOARD
SEC. 201. ESTABLISHMENT OF ELECTION ADMINISTRATION ADVISORY BOARD.
(a) Establishment.--There is established the Election
Administration Advisory Board (in this Act referred to as the
``Board'').
(b) Membership.--
(1) Composition.--The Board shall be composed of 25 members
appointed by the Executive Director of the Election
Administration Commission established under section 101 (in
this title referred to as the ``Commission''), by and with the
advice and consent of the Commission, from among individuals
who--
(A) have experience administering State and local
elections; and
(B) are not officers or employees of the Federal
Government.
(2) Prohibition.--A member of the Board appointed under
paragraph (1) may not be a candidate (as defined in section 301
of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)),
or hold a Federal office (as defined in such section) while
serving as a member of the Board.
(3) Date.--The appointments of the members of the Board
under paragraph (1) shall be made not later than 45 days after
the date on which all the members of the Commission have been
appointed under section 103.
(c) Period of Appointment; Vacancies.--
(1) Period of appointment.--Members shall be appointed for
a period of 2 years.
(2) Vacancies.--
(A) In general.--A vacancy on the Board 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) Filling unexpired term.--An individual chosen
to fill a vacancy shall be appointed for the unexpired
term of the member replaced.
(3) Expiration of terms.--The term of any member shall not
expire before the date on which the member's successor takes
office.
(d) Meetings.--
(1) In general.--The Board shall meet at the call of the
Chairperson.
(2) Annual meeting required.--The Board shall meet not less
often than annually.
(3) Initial Meeting.--Not later than 30 days after the date
on which all members of the Board have been appointed, the
Board shall hold its first meeting.
(4) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold
hearings.
(e) Chairperson.--
(1) In general.--Subject to paragraph (2), the Board shall
elect a Chairperson from among its members to serve a term of 1
year.
(2) Political affiliation.--No members of the same
political party may hold the position of Chairperson for 2
consecutive terms.
(f) Voting.--Each action of the Board shall be approved by a
majority vote of members. Each member shall have 1 vote.
SEC. 202. DUTY OF THE BOARD.
It shall be the duty of the Board to advise the Commission on the
best practices in the administration of elections.
SEC. 203. BOARD PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Board shall serve
without compensation.
(b) Travel Expenses.--Each member of the Board shall be allowed
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. 204. TERMINATION OF THE BOARD.
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Board.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Board such sums as may be necessary to carry out this title.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
TITLE III--ABSENT UNIFORMED SERVICES VOTERS
SEC. 301. MAXIMIZING ACCESS TO THE POLLS BY ABSENT UNIFORMED SERVICES
VOTERS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--
(1) in the matter preceding paragraph (1), by striking ``it
is recommended that the States'' and inserting ``each State
shall''; and
(2) by striking the heading and inserting the following:
``SEC. 104. MAXIMIZING ACCESS TO THE POLLS BY ABSENT UNIFORMED SERVICES
VOTERS.''.
(b) Conforming Amendments.--
(1) Section 101(b) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff(b)) is amended--
(A) in paragraph (2), by striking ``as recommended in'' and
inserting ``as required by''; and
(B) in paragraph (4), by striking ``as recommended in'' and
inserting ``as required by''.
(2) Section 104 of such Act (42 U.S.C. 1973ff-3) is
amended--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (5) through (9) as
paragraphs (4) through (8), respectively; and
(C) in paragraph (5) (as so redesignated), by
striking ``the State or other place where the oath is
administered'' and inserting ``a State''.
TITLE IV--MISCELLANEOUS
SEC. 401. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Any right or remedy established by this Act is in
addition to each other right and remedy established by law.
(b) Specific Laws.--Except as provided in section 102(a)(5),
nothing in this title may be construed to authorize or to require
conduct prohibited under the following laws, or to supersede, to
restrict, or to limit such laws:
(1) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(2) The Voting Rights Act of 1965 (42 U.S.C. 1971 et seq.).
(3) The Rehabilitation Act of 1973 (42 U.S.C. 791 et seq.).
(4) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
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