[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 218 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 218

 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 SENATE OF THE UNITED STATES

                            January 30, 2001

Mr. McConnell (for himself, Mr. Torricelli, Mrs. Feinstein, Mr. Allard, 
Mr. Smith of Oregon, Ms. Landrieu, Mr. Burns, Mr. Bennett, Mr. Breaux, 
 Mr. Hutchinson, Mr. Santorum, Mr. Warner, Mr. Reid, and Mr. Roberts) 
introduced the following bill; which was read twice and referred to the 
                 Committee on Rules and Administration

_______________________________________________________________________

                                 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.).
                                 <all>