[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 379 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 379

 To establish the National Commission on the Modernization of Federal 
Elections to conduct a study of Federal voting procedures and election 
 administration, to establish the Federal Election Modernization Grant 
      Program to provide grants to States and localities for the 
modernization of voting procedures and election administration, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2001

Mr. Schumer (for himself, Mr. Brownback, Mr. Kennedy, Mr. Cleland, Mr. 
Kerry, Mr. Leahy, Mr. Durbin, Mr. Kohl, Ms. Collins, Ms. Landrieu, Mr. 
McCain, and Mrs. Clinton) introduced the following bill; which was read 
    twice and referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
 To establish the National Commission on the Modernization of Federal 
Elections to conduct a study of Federal voting procedures and election 
 administration, to establish the Federal Election Modernization Grant 
      Program to provide grants to States and localities for the 
modernization of 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.

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

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The right to vote is fundamental to citizenship, and it 
        is vital that Americans have confidence in the manner and 
        conduct of elections.
            (2) Many Americans use antiquated methods to vote and 
        tabulate the results in Federal elections. In the age of the 
        microchip, Federal elections are still conducted using punch 
        cards and voting machines invented in the 19th century and no 
        longer even manufactured.
            (3) Our failure to modernize our system for voting and 
        administering elections has led to a variety of damaging 
        effects.
            (4) First, voters experience unnecessary delay, confusion, 
        and inconvenience when voting.
            (5) Second, our outdated voting system may produce 
        incomplete or inaccurate results, as when machines tabulating 
        votes misread ballots or when decades-old voting machines break 
        down on election day.
            (6) Third, the speed and timeliness of tabulating votes is 
        often compromised by antiquated technology and methods.
            (7) Fourth, the problems inherent in our current system of 
        voting play a role in depressing voter turnout, which has 
        declined by nearly 20 percent in only 40 years.
            (8) In addition, voters in rural areas of the United States 
        face unique difficulties in reaching polling places and in 
        affording the acquisition of new technology to conduct 
        elections.
            (9) Recently, States have begun experimenting with new and 
        innovative ways of voting and administering elections. For 
        example, Oregon conducts elections by mail, Delaware voters use 
        computerized voting terminals, and the Democratic Party in 
        Arizona has conducted a Presidential primary election via the 
        Internet.
            (10) Local governments, which are often charged with buying 
        new voting equipment and paying for other facets of 
        administering elections, often lack the funds needed to upgrade 
        their election systems.
            (11) It is urgently necessary to build upon experimentation 
        at the State and international level, study which new systems 
        and ideas merit wider implementation, and provide the funding 
        necessary to enable States and localities to modernize their 
        election systems.

TITLE I--ESTABLISHMENT OF A NATIONAL COMMISSION ON THE MODERNIZATION OF 
                           FEDERAL ELECTIONS

SEC. 101. ESTABLISHMENT OF A NATIONAL COMMISSION.

    There is established the National Commission on the Modernization 
of Federal Elections.

SEC. 102. MEMBERSHIP OF THE COMMISSION.

    (a) Number and Appointment.--The Commission shall be composed of 12 
members, including--
            (1) two members appointed by the President;
            (2) one member appointed by the Majority Leader of the 
        Senate;
            (3) two members appointed by the Minority Leader of the 
        Senate;
            (4) one member appointed by the Speaker of the House of 
        Representatives;
            (5) two members appointed by the Minority Leader of the 
        House of Representatives;
            (6) the Director of the Office of Election Administration 
        of the Federal Election Commission, who shall be a nonvoting 
        member of the Commission;
            (7) one member jointly appointed by the National 
        Association of Secretaries of State and the National 
        Association of State Election Directors, who shall be a 
        nonvoting member of the Commission;
            (8) one member jointly appointed by the International 
        Institute of Municipal Clerks; the National Association of 
        County Recorders, Election Officials and Clerks; and the 
        International Association of Clerks, Recorders, Election 
        Officials, and Treasurers, who shall be a nonvoting member of 
        the Commission; and
            (9) one member currently serving on and appointed by the 
        United States Commission on Civil Rights, who shall be a 
        nonvoting member of the Commission.
    (b) Consultation and Balance Required.--The Majority Leader of the 
Senate, the Minority Leader of the Senate, the Speaker of the House of 
Representatives, and the Minority Leader of the House of 
Representatives shall consult among themselves prior to appointment of 
the members of the Commission in order to achieve, to the maximum 
extent possible, fair and equitable representation of various points of 
view with respect to the matters to be studied by the Commission under 
section 103, and regional and geographical balance among the members of 
the Commission.
    (c) Federal Officers and Employees.--Aside from the Director of the 
Office of Election Administration of the Federal Election Commission 
and the member of the United States Commission on Civil Rights, no 
member of the Commission may be an officer or employee of the United 
States.
    (d) Date of Appointment.--The appointments of the members of the 
Commission shall be made not later than 20 days after the date of 
enactment of this Act.
    (e) Terms.--Each member of the Commission shall be appointed for 
the life of the Commission.
    (f) Vacancies.--A vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner as the original 
appointment was made.
    (g) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and Vice Chairperson from among its members.

SEC. 103. DUTIES OF THE COMMISSION.

    (a) Study.--The Commission shall complete a thorough study of--
            (1) current and alternate methods and instruments of voting 
        and counting votes in Federal elections;
            (2) current and alternate methods of ensuring the 
        accessibility of voting, polling places, and voting equipment 
        to all voters, including members of the Armed Forces, blind and 
        disabled voters, and elderly voters;
            (3) current and alternate methods of ensuring the accuracy 
        of lists of registered voters, and ensuring that all registered 
        voters appear on polling lists;
            (4) current and alternate methods of administering and 
        ensuring the security and integrity of Federal elections;
            (5) current and alternate methods of educating voters 
        concerning the methods and instruments of voting and other 
        aspects of elections;
            (6) matters particularly relevant to voting and 
        administering elections in rural and urban areas;
            (7) conducting Federal elections on different days, at 
        different places, and during different hours; and
            (8) how the Federal Government can, on a permanent basis, 
        best provide ongoing assistance to State and local authorities 
        to improve the administration of Federal elections; which 
        existing or new Federal agency should provide such assistance; 
        and what levels of funding will be necessary to provide such 
        assistance, including the amount to be appropriated under 
        section 208.
    (b) Recommendations.--
            (1) Recommendations of best practices in voting and 
        election administration.--After studying the matters set forth 
        in subsection (a) (1) through (7), the Commission shall develop 
        specific recommendations as to which methods of voting and 
        administering elections studied by the Commission would--
                    (A) be most convenient, accessible, and easy to use 
                for voters in Federal elections, including members of 
                the Armed Forces, blind and disabled voters, and 
                elderly voters;
                    (B) yield the most accurate and expeditious results 
                in Federal elections;
                    (C) afford all voters an equal opportunity to vote; 
                and
                    (D) be most efficient and cost-effective for use in 
                Federal elections.
            (2) Recommendations for providing assistance in federal 
        elections.--After studying the matter set forth in subsection 
        (a)(8), the Commission shall recommend how the Federal 
        Government can, on a permanent basis, best provide ongoing 
        assistance to State and local authorities to improve the 
        administration of Federal elections, which existing or new 
        Federal agency should provide such assistance, and what levels 
        of funding will be necessary to provide such assistance, 
        including the amount to be appropriated under section 208.
    (c) Reports.--
            (1) Final report.--Not later than December 31, 2001, the 
        Commission shall submit a final report to the President and 
        Congress. The report shall contain a detailed statement of the 
        findings and conclusions of the Commission as to the matters 
        studied pursuant to subsection (a), a detailed statement of the 
        recommendations developed pursuant to subsection (b), and any 
        dissenting or minority opinions of the members of the 
        Commission.
            (2) Interim reports.--The Commission shall determine 
        whether any matter to be studied under subsection (a), and any 
        recommendation under subsection (b), may be the subject of an 
        interim report submitted prior to the final report required by 
        subsection (c)(1), and in time for full or partial 
        implementation before the Federal elections held in 2002.
            (3) Additional reports.--The Commission may, together with 
        the final report submitted under paragraph (1), submit such 
        additional reports to the President and Congress as the 
        Commission determines appropriate.

SEC. 104. MEETINGS.

    (a) In General.--The Commission shall meet at the call of the 
Chairperson. All meetings shall be open to the public.
    (b) Initial Meeting.--Not later than 20 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold its first meeting.
    (c) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 105. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may hold such hearings 
for the purpose of carrying out this Act, sit and act at such times and 
places, take such testimony, and receive such evidence as the 
Commission considers advisable to carry out this Act. The Commission 
may administer oaths and affirmations to witnesses appearing before the 
Commission.
    (b) Voting.--All actions of the Commission shall be by a majority 
vote. A vote of 1 member of the Commission shall have the same weight 
as the vote of any other member of the Commission. 
    (c) 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 Act. Upon request of 
the Chairperson of the Commission, the head of such department or 
agency shall furnish such information to the Commission.
    (d) Website.--For purposes of conducting the study under this 
title, the Commission shall establish a website to facilitate public 
comment and participation, and shall also make all information on its 
website available in print.
    (e) 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.
    (f) 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 
Act.
    (g) Contracts.--The Commission may contract with and compensate 
persons and Federal agencies for supplies and services without regard 
to section 3709 of the Revised Statutes (42 U.S.C. 5).
    (h) Gifts and Donations.--The Commission may accept, use, and 
dispose of gifts or donations of services or property to carry out this 
Act.

SEC. 106. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission 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 
Commission.
    (c) 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.
    (d) 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.
    (e) 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. 107. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 30 days after the date on which the 
Commission submits its final report under this title.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
$10,000,000 for fiscal year 2002 to the Commission 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 II--FEDERAL ELECTION MODERNIZATION GRANTS

SEC. 201. ESTABLISHMENT OF GRANT PROGRAM.

    The Attorney General, acting through the Assistant Attorney General 
for the Office of Justice Programs, after consultation with the 
Director of the Office of Election Administration of the Federal 
Election Commission, shall develop and publish a plan to award and 
disburse annual Federal Election Modernization Grants to States and 
localities.

SEC. 202. CRITERIA.

    The Assistant Attorney General for the Office of Justice Programs' 
plan for awarding and disbursing Federal Election Modernization Grants 
to States and localities shall include such criteria for considering 
applications and awarding grants as the Assistant Attorney General for 
the Office of Justice Programs, after consultation with the Director of 
the Office of Election Administration of the Federal Election 
Commission, shall prescribe. Such criteria shall include--
            (1) the nature and quantity of deficiencies in an applying 
        State's or locality's methods of voting in and administering 
        Federal elections; and
            (2) the applying State's or locality's need for Federal 
        assistance in implementing the recommendations of the 
        Commission.
The Assistant Attorney General for the Office of Justice Programs shall 
ensure that, to the extent practicable, the distribution of Federal 
Election Modernization Grants is geographically equitable.

SEC. 203. USES OF GRANT FUNDING.

    (a) In General.--Subject to subsection (b), States and localities 
may use Federal Election Modernization Grants to implement any 
recommendation of the Commission, issued under section 103(b)(1) of 
this Act, including acquiring new equipment or technology, hiring new 
employees or contractors, training new or existing personnel, educating 
voters concerning new means of voting or administering elections, or in 
any other way appropriate to implement any recommendation of the 
Commission.
    (b) Blind People and Persons With Disabilities.--Any method or 
instrument of voting funded by the Federal Election Modernization Grant 
shall be fully accessible to blind people and persons with disabilities 
and shall ensure that such voters are afforded the opportunity to vote 
under the same conditions of privacy and independence as other voters.

SEC. 204. DEADLINE FOR APPLICATIONS AND DISBURSEMENT OF ANNUAL AWARDS.

    (a) Initial Applications and Disbursement.--States and localities 
may submit initial applications to the Assistant Attorney General for 
the Office of Justice Programs for Federal Election Modernization 
Grants at any time up to 45 days after the Commission's issuance of the 
final report required under title I of this Act. The Assistant Attorney 
General for the Office of Justice Programs shall act on such initial 
applications, and commence disbursement of awards, within 45 days of 
the application deadline.
    (b) Subsequent Applications and Disbursements.--States and 
localities may submit subsequent, annual applications to the Assistant 
Attorney General for the Office of Justice Programs for Federal 
Election Modernization Grants by such deadlines as the Assistant 
Attorney General for the Office of Justice Programs shall prescribe. 
The Assistant Attorney General for the Office of Justice Programs shall 
act on such subsequent, annual applications, and commence disbursement 
of awards, by such deadlines as the Assistant Attorney General for the 
Office of Justice Programs shall prescribe.

SEC. 205. MATCHING FUNDS.

    The Assistant Attorney General for the Office of Justice Programs 
shall ensure that any State or locality receiving a Federal Election 
Modernization Grant shall expend State or local funds in an amount 
equal to not less than 25 percent of the amount of the Federal Election 
Modernization Grant for any project for which the Federal Election 
Modernization Grant was awarded, except that the Assistant Attorney 
General for the Office of Justice Programs may waive this requirement 
in whole or in part under such terms and conditions as the Assistant 
Attorney General for the Office of Justice Programs may prescribe in 
order to meet the requirements of section 202.

SEC. 206. AUDITS.

    The Assistant Attorney General for the Office of Justice Programs 
shall audit the records of any State program funded by a Federal 
Election Modernization Grant and ensure that Federal funds are used in 
accordance with Federal law.

SEC. 207. REPORTS.

    (a) Reports to the Assistant Attorney General for the Office of 
Justice Programs.--No later than 6 months following receipt of a 
Federal Election Modernization Grant, a State or locality shall submit 
a report to the Assistant Attorney General for the Office of Justice 
Programs describing the terms of, and all activities funded by, the 
Federal Election Modernization Grant. Such reports shall be made 
available to the public.
    (b) Reports to Congress.--No later than 9 months following 
disbursement of Federal Election Modernization Grants to States and 
localities, the Assistant Attorney General for the Office of Justice 
Programs shall submit a report to Congress on the Federal Election 
Modernization Grant program, including a description and analysis of 
all activities funded by Federal Election Modernization Grants, and any 
recommendations for amendments to this Act or related provisions of 
law.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Department of Justice 
Programs $500,000,000 for each of fiscal years 2002, 2003, 2004, 2005, 
and 2006, or such lesser amount recommended by the Commission pursuant 
to section 103(b)(2), for Federal Election Modernization Grants and the 
costs of administering the Federal Election Modernization Grant 
program, of which not more than 1 percent may be used for 
administrative costs.

SEC. 209. SPENDING AUTHORIZED BY THIS TITLE TO BE OFFSET.

    (a) In General.--Budget authority provided as authorized by this 
title shall be offset by reductions in budget authority provided to 
existing programs.
    (b) Committees on Appropriations.--The Committees on Appropriations 
of the House of Representatives and the Senate shall reduce budget 
authority as required by subsection (a) in any fiscal year that budget 
authority is provided as authorized by this title.

                    TITLE III--RULES OF CONSTRUCTION

SEC. 301. OTHER ACTS WITH RESPECT TO VOTING PROCEDURES.

    Nothing in this Act shall be construed to prohibit the enactment of 
an Act with respect to voting procedures during the period in which the 
Commission is carrying out its duties under this Act.

SEC. 302. THE VOTING RIGHTS ACT, THE NATIONAL VOTER REGISTRATION ACT, 
              THE REHABILITATION ACT, AND THE AMERICANS WITH 
              DISABILITIES ACT.

    (a) Nothing in this Act and no action taken pursuant to this Act 
shall supersede, restrict, or limit the application of the Voting 
Rights Act of 1965 (42 U.S.C. 1973aa et seq.), the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg et seq.), the Rehabilitation 
Act of 1973 (42 U.S.C. 791 et seq.), or the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.).
    (b) Nothing in this Act authorizes or requires conduct that is 
prohibited by an Act that is described in subsection (a).
                                 <all>