[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 430 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 430

To establish a bipartisan commission to study the accuracy, integrity, 
and efficiency of Federal election procedures and develop standards for 
the conduct of Federal elections, and to authorize grants and technical 
assistance to the States to assist them in implementing such standards.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2001

 Mr. Delahunt (for himself, Mr. Graham, Mr. Larson of Connecticut, Mr. 
Deal of Georgia, Mr. Frost, Mr. Greenwood, Ms. Millender-McDonald, Mr. 
 Scarborough, Mrs. Jones of Ohio, Mr. Duncan, Ms. Rivers, Mr. Cooksey, 
Mr. Holden, and Mr. McGovern) introduced the following bill; which was 
           referred to the Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
To establish a bipartisan commission to study the accuracy, integrity, 
and efficiency of Federal election procedures and develop standards for 
the conduct of Federal elections, and to authorize grants and technical 
assistance to the States to assist them in implementing such standards.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Election Standards Act of 
2001''.

   TITLE I--ESTABLISHMENT OF NATIONAL ADVISORY COMMISSION ON FEDERAL 
                          ELECTION STANDARDS.

SEC. 101. ESTABLISHMENT OF COMMISSION; MEMBERSHIP.

    (a) Establishment of Commission.--There is established a commission 
to be known as the National Advisory Commission on Federal Election 
Standards (hereafter in this Act referred to as the ``Commission'').
    (b) Membership.--The Commission shall be composed of 24 voting and 
2 nonvoting members, who shall serve for the life of the Commission and 
shall be appointed as follows:
            (1) 3 members appointed by the Majority Leader of the 
        Senate.
            (2) 3 members appointed by the Minority Leader of the 
        Senate.
            (3) 3 members appointed by the Speaker of the House of 
        Representatives.
            (4) 3 members appointed by the Minority Leader of the House 
        of Representatives.
            (5) 3 members appointed by the National Association of 
        Secretaries of State, of whom no more than 2 shall represent 
        States with large populations, no more than 2 shall represent 
        States with small populations, and no more than 2 shall be from 
        the same political party or geographic region.
            (6) 3 members appointed by the National Association of 
        State Election Directors, of whom no more than 2 shall 
        represent States with large populations, no more than 2 shall 
        represent States with small populations, and no more than 2 
        shall be from the same political party or geographic region.
            (7) 6 members who shall be local election officials and who 
        shall be appointed as follows:
                    (A) 2 shall be appointed by the Election Center.
                    (B) 2 shall be appointed by the International 
                Association of Clerks, Recorders, Election Officials 
                and Treasurers.
                    (C) 2 shall be appointed by the National 
                Association of County Recorders, Election Officials and 
                Clerks.
            (8) The Attorney General and the Chair of the Federal 
        Election Commission (or their respective designees), who shall 
        be nonvoting members of the Commission.
    (b) Appointments; Initial Meeting.--Appointments to the Commission 
shall be made not later than 45 days after the date of the enactment of 
this Act. The Commission shall hold its initial meeting not later than 
30 days after the date on which all members of the Commission have been 
appointed, and at such meeting shall select a chair from among the 
members of the Commission.
    (c) Vacancies.--Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner as the original 
appointment.
    (d) Rules of the Commission.--
            (1) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum for the transaction of business.
            (2) Meetings.--Meetings shall be held at the call of the 
        chair upon at least 14 days written notice. All meetings shall 
        be open to the public.
            (3) Voting.--All actions of the Commission shall be by 
        majority vote of those present and voting.
            (4) Testimony.--The Commission shall provide opportunities 
        for representatives of the general public, civic groups, 
        consumer groups, and State and local government officials to 
        testify.
            (5) Additional rules.--The Commission may adopt additional 
        rules as needed.

SEC. 102. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall--
            (1) examine and report to the President, the Congress, and 
        the chief election official of each State regarding the 
        accuracy, integrity, and efficiency of Federal election 
        procedures in the States;
            (2) develop standards for the conduct of Federal elections 
        and make recommendations with respect to the periodic review 
        and updating of such standards; and
            (3) make additional recommendations to Congress with 
        respect to procedural and administrative aspects of Federal 
        elections over which Congress may exercise legislative 
        authority under the Constitution of the United States.
    (b) Specific Consideration of Certain Issues in Development of 
Standards.--In developing standards under subsection (a)(2) for the 
conduct of Federal elections, the Commission shall give specific 
consideration to the following:
            (1) Procedures for voter registration and maintenance of 
        lists of registered voters.
            (2) Ballot design, voting equipment, the methods employed 
        in counting and recounting votes, and the procedures for 
        challenging the results.
            (3) Factors which affect access to and the efficient and 
        orderly operation of polling places, including hours of voting 
        (which may include standards for a uniform national poll 
        closing time for presidential elections), number and 
        accessibility of polling stations, training of poll workers, 
        methods of reducing delay, and steps to ensure that all voters 
        who report to the polls have an opportunity to cast votes.
            (4) Procedures for mail-in and absentee voting (including 
        deadlines for receipt of mail-in and absentee ballots).
    (c) Specific Consideration of Certain Issues in Additional 
Recommendations.--In preparing additional recommendations for Congress 
under subsection (a)(3), the Commission shall make recommendations as 
to whether Federal law should be amended to authorize Federal elections 
to be conducted--
            (1) on dates other than those prescribed by current Federal 
        law so as to permit weekend elections, voting on multiple days, 
        or expanded early voting options; and
            (2) by means of the Internet.

SEC. 103. REPORTS.

    (a) Report on Current Procedures and Recommended Standards.--Not 
later than 12 months after the date of the initial meeting of the 
Commission, the Commission shall submit to the President, the Congress, 
the chair of the Federal Election Commission, and the chief election 
official of each State a report which includes--
            (1) the findings and conclusions of the Commission on the 
        accuracy, integrity, and efficiency of Federal election 
        procedures in the States made under section 102(a)(1), together 
        with other findings and conclusions of the Commission; and
            (2) the recommended standards for the conduct of Federal 
        elections developed under section 102(a)(2).
    (b) Report on Additional Recommendations.--Not later than 12 months 
after the date of the initial meeting of the Commission, the Commission 
shall submit to Congress the additional recommendations prepared under 
section 102(a)(3).
    (c) Separate Views.--Any member of the Commission may submit 
additional findings and recommendations to be made a part of the 
reports submitted under this section.

SEC. 104. POWERS.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such places and times, take such testimony, and receive such 
evidence as the Commission deems necessary to carry out the provisions 
of this Act, except that in holding hearings the Commission shall 
select locations for the hearings in a manner which reflects a balance 
among various geographic regions of the United States.
    (b) Access to Federal Information.--The Commission may secure 
directly from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the chair 
of the Commission, the head of that department or agency shall furnish 
that information to the Commission.
    (c) Use of Mails.--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.

SEC. 105. COMPENSATION AND PERSONNEL.

    (a) Compensation of Members.--Members of the Commission shall serve 
without pay, but shall receive travel expenses, including per diem in 
lieu of subsistence, as authorized by law for persons serving 
intermittently in Government service under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes and places 
of business in the performance of services for the Commission.
    (b) Personnel.--The chair of the Commission may appoint staff of 
the Commission, request the detail of Federal employees, and accept 
temporary and intermittent services in accordance with section 3161 of 
title 5, United States Code, except that the rate of pay of any staff 
may not exceed the annual rate payable for level V of the Executive 
Schedule under section 5316 of title 5, United States Code.

SEC. 106. SUPPORT SERVICES.

    The Administrator of General Services shall provide to the 
Commission on a reimbursable basis such administrative support services 
as the Commission may request.

SEC. 107. TERMINATION.

    The Commission shall terminate not later than the date that is 30 
days after the date the Commission submits the reports required under 
section 103.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $10,000,000 to the 
Commission to carry out this title.

       TITLE II--FEDERAL ELECTION STANDARDS IMPLEMENTATION GRANTS

SEC. 201. GRANT AUTHORIZATION.

    (a) In General.--
            (1) Establishment of program.--Not later than 60 days after 
        the National Advisory Commission on Federal Election Standards 
        submits the report containing its recommended standards for the 
        conduct of Federal elections under section 103(a), the Federal 
        Election Commission shall establish a program to make grants to 
        qualifying States to improve the accuracy, integrity, and 
        efficiency of Federal election procedures by carrying out 
        programs, projects, and other activities to bring the conduct 
        of Federal elections into conformity with such standards.
            (2) Solicitation of applications.--Not later than 30 days 
        after establishing the program under this section, the Federal 
        Election Commission shall begin soliciting applications from 
        States for grants under the program.
    (b) Qualifying State Defined.--In this section, a ``qualifying 
State'' is a State which has submitted an application for a grant under 
the program under this section (at such time and in such form and 
manner as the Federal Election Commission may require) containing such 
information and assurances as the Federal Election Commission may 
require.
    (c) Permitted Uses.--Grants made under the program under this 
section may be used by States, either directly or through units of 
local government, Indian tribal governments, other public and private 
entities, and multi-jurisdictional or regional consortia, for 
activities which may include the following:
            (1) The hiring of employees or consultants to design and 
        implement systems and procedures which meet the standards 
        referred to in subsection (a).
            (2) The procurement of equipment, technology, and 
        administrative and managerial support systems which meet such 
        standards.
            (3) The provision of training or retraining to election 
        officials, employees, and volunteers in the proper use and 
        maintenance of new systems and procedures which meet such 
        standards.
            (4) Activities to enhance public confidence and 
        participation in the electoral process by increasing knowledge 
        and awareness of new systems and procedures which meet such 
        standards.
            (5) The evaluation of the effectiveness of new systems and 
        procedures put in place using funds provided under this title.
    (d) Matching Funds.--The portion of the costs of a program, 
project, or activity provided by a grant under the program under this 
section may not exceed 75 percent of the total costs of the program, 
project, or activity, except that the Federal Election Commission may 
waive this requirement in whole or in part under such terms and 
conditions as the Federal Election Commission considers appropriate.
    (e) Minimum Amount.--Unless all applications submitted by all 
qualifying States for grants under the program under this section have 
been funded, the amount received under this section for any fiscal year 
by each qualifying State, together with grantees within the State, may 
not be less than 0.5 percent of the total amount appropriated for such 
grants for the fiscal year.

SEC. 202. TECHNICAL ASSISTANCE.

    (a) In General.--The Federal Election Commission may provide 
technical assistance to States, units of local government, Indian 
tribal governments, and other public and private entities, in 
furtherance of the purposes of this title.
    (b) Training Centers and Facilities.--The technical assistance 
provided by the Federal Election Commission under this section may 
include the establishment and operation of training centers or 
facilities, either directly or by contracting or cooperative 
arrangements. The functions of such centers or facilities may include 
instruction and seminars for election officials, employees, trainers, 
and such others as the Federal Election Commission considers 
appropriate to meet the objectives of this title.

SEC. 203. REPORTS TO CONGRESS.

    Not later than 60 days after each fiscal year for which grants are 
made under this title, the Federal Election Commission shall submit a 
report to Congress on the programs carried out under this title during 
the year, and may include in the report any recommendations of the 
Federal Election Commission for amendments to this title and related 
provisions of law.

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$250,000,000 for each of the first 3 fiscal years beginning after the 
date of the enactment of this Act, and such sums as may be necessary 
for each succeeding fiscal year.

                        TITLE III--STATE DEFINED

SEC. 301. STATE DEFINED.

    In this Act, the term ``State'' means a State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, the 
Virgin Islands, and American Samoa.
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