[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 953 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 953

 To establish a Blue Ribbon Study Panel and an Election Administration 
 Commission to study voting procedures and election administration, to 
      provide grants to modernize voting procedures and election 
                administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2001

Mr. McConnell (for himself, Mr. Schumer, Mr. Torricelli, Mr. Brownback, 
 Mr. Allard, Mr. Akaka, Mr. Allen, Mr. Bayh, Mr. Bennett, Mrs. Boxer, 
  Mr. Bunning, Mr. Breaux, Mr. Burns, Ms. Cantwell, Mr. Campbell, Mr. 
Chafee, Mr. Cleland, Ms. Collins, Mrs. Clinton, Mr. Craig, Mr. Conrad, 
  Mr. Crapo, Mr. Corzine, Mr. DeWine, Mr. Daschle, Mr. Domenici, Mr. 
 Dayton, Mr. Ensign, Mr. Durbin, Mr. Enzi, Mr. Edwards, Mr. Frist, Mr. 
 Graham, Mr. Gramm, Mr. Inouye, Mr. Gregg, Mr. Johnson, Mr. Hatch, Mr. 
Kennedy, Mr. Helms, Mr. Kerry, Mrs. Hutchison, Mr. Kohl, Mr. Jeffords, 
Ms. Landrieu, Mr. Lott, Mr. Leahy, Mr. Lugar, Ms. Mikulski, Mr. Nelson 
  of Nebraska, Mr. Murkowski, Mr. Nelson of Florida, Mr. Roberts, Mr. 
Rockefeller, Mr. Santorum, Mr. Wellstone, Mr. Sessions, Mr. Shelby, Mr. 
Smith of New Hampshire, Mr. Smith of Oregon, Mr. Specter, Mr. Stevens, 
Mr. Thomas, Mr. Thompson, Mr. Warner, Mrs. Carnahan, Mr. Thurmond, and 
 Mr. Grassley) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
 To establish a Blue Ribbon Study Panel and an Election Administration 
 Commission to study voting procedures and election administration, to 
      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 ``Bipartisan Federal 
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--BLUE RIBBON STUDY PANEL

Sec. 101. Establishment of the Blue Ribbon Study Panel.
Sec. 102. Membership of the Panel.
Sec. 103. Duties of the Panel.
Sec. 104. Meetings of the Panel.
Sec. 105. Powers of the Panel.
Sec. 106. Panel personnel matters.
Sec. 107. Termination of the Panel.
Sec. 108. Authorization of appropriations.
              TITLE II--ELECTION ADMINISTRATION COMMISSION

Sec. 201. Establishment of the Election Administration Commission.
Sec. 202. Membership of the Commission.
Sec. 203. Duties of the Commission.
Sec. 204. Federal Election Reform Grant Program.
Sec. 205. Meetings of the Commission.
Sec. 206. Powers of the Commission.
Sec. 207. Commission personnel matters.
Sec. 208. Authorization of appropriations.
Sec. 209. Offset of authorized spending.
           TITLE III--ELECTION ADMINISTRATION ADVISORY BOARD

Sec. 301. Establishment of the Election Administration Advisory Board.
Sec. 302. Membership of the Board.
Sec. 303. Duty of the Board.
Sec. 304. Meetings of the Board.
Sec. 305. Voting.
Sec. 306. Board personnel matters.
Sec. 307. Termination of the Board.
Sec. 308. Authorization of appropriations.
                    TITLE IV--TRANSITION PROVISIONS

Subtitle A--Transfer to Election Administration Commission of Functions 
                           Under Certain Laws

Sec. 401. Federal Election Campaign Act of 1971.
Sec. 402. Uniformed and Overseas Citizens Absentee Voting Act.
Sec. 403. National Voter Registration Act of 1993.
Sec. 404. Transfer of property, records, and personnel.
Sec. 405. Effective date; transition.
   Subtitle B--Coverage of Election Administration Commission Under 
                       Certain Laws and Programs

Sec. 411. Treatment of Commission personnel under certain civil service 
                            laws.
Sec. 412. Coverage under Inspector General Act of 1978.
               TITLE V--ABSENT UNIFORMED SERVICES VOTERS

Sec. 501. Maximizing access to the polls by absent uniformed services 
                            voters.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Relationship to other laws.

                    TITLE I--BLUE RIBBON STUDY PANEL

SEC. 101. ESTABLISHMENT OF THE BLUE RIBBON STUDY PANEL.

    There is established the Blue Ribbon Study Panel (in this title 
referred to as the ``Panel'').

SEC. 102. MEMBERSHIP OF THE PANEL.

    (a) Number and Appointment.--The Panel shall be composed of 12 
members 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.
    (b) Qualifications.--
            (1) In general.--Members appointed under subsection (a) 
        shall be chosen on the basis of experience, integrity, 
        impartiality, and good judgment.
            (2) Party affiliation.--Not more than 6 of the 12 members 
        appointed under subsection (a) may be affiliated with the same 
        political party.
            (3) Federal officers and employees.--Members appointed 
        under subsection (a) shall be individuals who, at the time 
        appointed to the Panel, are not elected or appointed officers 
        or employees of the Federal Government.
    (c) Balance Required.--The Panel shall reflect, to the maximum 
extent possible, fair and equitable representation of various points of 
view with respect to the matters to be studied by the Panel under 
section 103, and regional and geographical balance among the members of 
the Panel.
    (d) Date of Appointment.--The appointments of the members of the 
Panel shall be made not later than 30 days after the date of enactment 
of this Act.
    (e) Period of Appointment; Vacancies.--
            (1) Period of appointment.--Each member of the Panel shall 
        be appointed for the life of the Panel.
            (2) Vacancies.--A vacancy in the Panel shall not affect its 
        powers, but shall be filled in the manner in which the original 
        appointment was made.
    (f) Chairperson; Vice Chairperson.--
            (1) In general.--The Panel shall elect a chairperson and 
        vice chairperson from among its members.
            (2) Political affiliation.--The chairperson and vice 
        chairperson may not be affiliated with the same political 
        party.

SEC. 103. DUTIES OF THE PANEL.

    (a) Study.--The Panel shall complete a thorough study of--
            (1) current and alternate methods and mechanisms of voting 
        and counting votes in elections for Federal office;
            (2) current and alternate ballot designs for elections for 
        Federal office;
            (3) current and alternate methods of voter registration, 
        maintaining secure and accurate lists of registered voters 
        (including the establishment of a centralized, interactive, 
        statewide voter registration list linked to relevant agencies 
        and all polling sites), and ensuring that all registered voters 
        appear on the polling list at the appropriate polling site;
            (4) current and alternate methods of conducting provisional 
        voting that include notice to the voter regarding the 
        disposition of the ballot;
            (5) current and alternate methods of ensuring the 
        accessibility of voting, registration, polling places, and 
        voting equipment to all voters, including blind and disabled 
        voters and voters with limited English proficiency;
            (6) current and alternate methods of voter registration for 
        members of the Armed Forces and overseas voters, and methods of 
        ensuring that such voters timely receive ballots that will be 
        properly and expeditiously handled and counted;
            (7) current and alternate methods of recruiting and 
        improving the performance of poll workers;
            (8) Federal and State laws governing the eligibility of 
        persons to vote;
            (9) current and alternate methods of educating voters about 
        the process of registering to vote and voting, the operation of 
        voting mechanisms, the location of polling places, and all 
        other aspects of participating in elections;
            (10) matters particularly relevant to voting and 
        administering elections in rural and urban areas;
            (11) conducting elections for Federal office on different 
        days, at different places, and during different hours, 
        including the advisability of establishing a uniform poll 
        closing time; and
            (12) the ways that the Federal Government can best assist 
        State and local authorities to improve the administration of 
        elections for Federal office and what levels of funding would 
        be necessary to provide such assistance.
    (b) Recommendations.--
            (1) Recommendations of best practices in voting and 
        election administration.--After studying the matters set forth 
        in paragraphs (1) through (11) of subsection (a), the Panel 
        shall develop recommendations regarding each matter and 
        indicate which methods of voting and administering elections 
        studied by the Panel under such paragraphs would--
                    (A) be most convenient, accessible, and easy to use 
                for voters in elections for Federal office, including 
                members of the Armed Forces, blind and disabled voters, 
                and voters with limited English proficiency;
                    (B) yield the most accurate, secure, and 
                expeditious system, voting, and election results in 
                elections for Federal office;
                    (C) be nondiscriminatory and afford each registered 
                and eligible voter an equal opportunity to vote; and
                    (D) be most efficient and cost-effective for use in 
                elections for Federal office.
            (2) Recommendations for providing assistance in federal 
        elections.--After studying the matter set forth in subsection 
        (a)(12), the Panel shall recommend how the Federal Government 
        can best provide assistance to State and local authorities to 
        improve the administration of elections for Federal office and 
        what levels of funding will be necessary to provide such 
        assistance.
    (c) Reports.--
            (1) Final report.--
                    (A) In general.--Not later than the date that is 6 
                months after the date on which all the members of the 
                Panel have been appointed, the Panel shall submit a 
                final report to Congress and the Election 
                Administration Commission established under section 
                201.
                    (B) Contents.--The final report submitted under 
                subparagraph (A) shall contain a detailed statement of 
                the findings and conclusions of the Panel as to the 
                matters studied under subsection (a), a detailed 
                statement of the recommendations developed under 
                subsection (b), and any dissenting or minority opinions 
                of the members of the Panel.
            (2) Interim reports.--The Panel may determine whether any 
        matter to be studied under subsection (a), and any 
        recommendation under subsection (b), shall be the subject of an 
        interim report submitted as described in paragraph (1)(A) prior 
        to the final report required under paragraph (1), and in time 
        for full or partial implementation before the elections for 
        Federal office held in 2002.

SEC. 104. MEETINGS OF THE PANEL.

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

SEC. 105. POWERS OF THE PANEL.

    (a) Hearings.--
            (1) In general.--The Panel 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 Panel considers advisable to carry out this title.
            (2) Oaths and affirmations.--The Panel may administer oaths 
        and affirmations to witnesses appearing before the Panel.
            (3) Open hearings.--All hearings of the Panel shall be open 
        to the public.
    (b) Voting.--Each action of the Panel shall be approved by a 
majority vote of the members of the Panel. Each member of the Panel 
shall have 1 vote.
    (c) Information From Federal Agencies.--The Panel may secure 
directly from any Federal department or agency such information as the 
Panel considers necessary to carry out this title. Upon request of the 
Panel, the head of such department or agency shall furnish such 
information to the Panel.
    (d) Website.--For purposes of conducting the study under section 
103(a), the Panel may establish a website to facilitate public comment 
and participation. The Panel shall make all information on its website 
available in print.
    (e) Postal Services.--The Panel 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 
Panel, the Administrator of General Services shall provide to the 
Panel, on a reimbursable basis, the administrative support services 
that are necessary to enable the Panel to carry out its duties under 
this title.
    (g) Contracts.--The Panel may contract with and compensate persons 
and Federal agencies for supplies and services without regard to 
section 3709 of the Revised Statutes (41 U.S.C. 5).

SEC. 106. PANEL PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Panel 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 Panel.
    (b) Travel Expenses.--The members of the Panel 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 Panel.
    (c) Staff.--
            (1) In general.--The Panel may, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, appoint and terminate 
        an executive director and such other additional personnel as 
        may be necessary to enable the Panel to perform its duties. The 
        employment of an executive director shall be subject to 
        confirmation by the Panel.
            (2) Compensation.--The Panel 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 Panel 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 Panel 
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 PANEL.

    The Panel shall terminate 30 days after the date on which the Panel 
submits its final report under section 103(c)(1).

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 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 II--ELECTION ADMINISTRATION COMMISSION

SEC. 201. ESTABLISHMENT OF THE ELECTION ADMINISTRATION COMMISSION.

    There is established the Election Administration Commission (in 
this title referred to as the ``Commission'') as an independent 
establishment (as defined in section 104 of title 5, United States 
Code).

SEC. 202. MEMBERSHIP OF THE COMMISSION.

    (a) Number and Appointment.--
            (1) Composition.--The Commission shall be composed of 8 
        members appointed by the President, by and with the advice and 
        consent of the Senate.
            (2) Recommendations.--Prior to the initial appointment of 
        the members of the Commission and prior to the appointment of 
        any individual to fill a vacancy on the Commission, the 
        Majority Leader of the Senate, the Speaker of the House of 
        Representatives, the Minority Leader of the Senate, and the 
        Minority Leader of the House of Representatives shall each 
        submit to the President a candidate recommendation with respect 
        to each vacancy on the Commission affiliated with the political 
        party of the officer involved.
    (b) Qualifications.--
            (1) In general.--Members appointed under subsection (a) 
        shall be chosen on the basis of experience, integrity, 
        impartiality, and good judgment.
            (2) Party affiliation.--Not more than 4 of the 8 members 
        appointed under subsection (a) may be affiliated with the same 
        political party.
            (3) Federal officers and employees.--Members appointed 
        under subsection (a) shall be individuals who, at the time 
        appointed to the Commission, are not elected or appointed 
        officers or employees of the Federal Government.
            (4) Other activities.--No member appointed to the 
        Commission under subsection (a) may engage in any other 
        business, vocation, or employment while serving as a member of 
        the Commission and shall terminate or liquidate such business, 
        vocation, or employment not later than the date on which the 
        Commission first meets.
    (c) Date of Appointment.--The appointments of the members of the 
Commission shall be made not later than 60 days after the date of 
enactment of this Act.
    (d) Period of Appointment; Vacancies.--
            (1) Period of appointment.--Members shall be appointed for 
        a term of 4 years, except that of the members first appointed--
                    (A) 4 of the members, not more than 2 of whom may 
                be affiliated with the same political party, shall be 
                appointed for a term of 5 years; and
                    (B) 4 of the members, not more than 2 of whom may 
                be affiliated with the same political party, shall be 
                appointed for 4 years.
            (2) Vacancies.--
                    (A) In general.--A vacancy on the Commission shall 
                not affect its powers, but be filled in the manner in 
                which the original appointment was made. The 
                appointment made to fill the vacancy shall be subject 
                to any conditions which applied with respect to the 
                original appointment.
                    (B) 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.
                    (C) Unexpired terms.--An individual chosen to fill 
                a vacancy on the Commission occurring prior to the 
                expiration of the term for which the individual's 
                predecessor was appointed shall be appointed for the 
                unexpired term of the member replaced.
    (e) Chairperson; Vice Chairperson.--
            (1) In general.--The Commission shall elect a chairperson 
        and vice chairperson from among its members for a term of 1 
        year.
            (2) Number of terms.--A member of the Commission may serve 
        as the chairperson only once during any term of office to which 
        such member is appointed.
            (3) Political affiliation.--The chairperson and vice 
        chairperson may not be affiliated with the same political 
        party.

SEC. 203. DUTIES OF THE COMMISSION.

    The Commission--
            (1)(A) not later than 30 days after receipt of the 
        recommendations of the Blue Ribbon Study Panel (in this title 
        referred to as the ``Panel''), shall adopt or modify any 
        recommendation of the Panel developed under subsection (b) of 
        section 103 and submitted to the Commission under subsection 
        (c) of such section; and
            (B) may update the recommendations adopted or modified 
        under subparagraph (A) at least once every 4 years;
            (2) not later than 6 months after the date of enactment of 
        this Act, shall issue or adopt updated voting system standards 
        and update such standards at least once every 4 years;
            (3) shall 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 to blind and disabled voters;
            (4) shall 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;
            (5) shall serve as a clearinghouse, gather information, 
        conduct studies, and issue reports concerning issues relating 
        to Federal, State, and local elections;
            (6) shall carry out the provisions of section 9 of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7);
            (7) shall make available information regarding the Federal 
        election system to the public and media;
            (8) shall 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;
            (9) shall compile and make available to the public the 
        official certified results of elections for Federal office and 
        statistics regarding national voter registration and turnout; 
        and
            (10) shall administer the Federal Election Reform Grant 
        Program established under section 204.

SEC. 204. FEDERAL ELECTION REFORM GRANT PROGRAM.

    (a) Establishment of the Federal Election Reform Grant Program.--
There is established the Federal Election Reform Grant Program under 
which the Commission is authorized to award grants to States and 
localities to pay the Federal share of the costs of the activities 
described in subsection (d).
    (b) Application for Federal Election Reform Grants.--
            (1) In general.--Each State or locality that desires to 
        receive a grant under this section shall submit an application 
        to the Commission at such time, in such manner, and containing 
        such information as the Commission shall require (consistent 
        with the provisions of this section).
            (2) Contents.--Each application submitted under paragraph 
        (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought;
                    (B) contain a request for certification by the 
                Assistant Attorney General for Civil Rights (in this 
                section referred to as the ``Assistant Attorney 
                General'') described in paragraph (3);
                    (C) provide assurances that the State or locality 
                will pay the non-Federal share of the cost of the 
                activities for which assistance is sought from non-
                Federal sources; and
                    (D) provide such additional assurances as the 
                Commission determines to be essential to ensure 
                compliance with the requirements of this section.
            (3) Request for certification by assistant attorney 
        general.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each request for certification described in 
                subsection (b)(2)(B) shall contain a specific and 
                detailed demonstration that the State or locality--
                            (i)(I) is in compliance with the Voting 
                        Rights Act of 1965 (42 U.S.C. 1973 et seq.), 
including sections 4(f)(4) and 203 of such Act (42 U.S.C. 1973b(f)(4) 
and 1973aa-1a), the National Voter Registration Act of 1993 (42 U.S.C. 
1973gg et seq.), and the Voting Accessibility for the Elderly and 
Handicapped Act (42 U.S.C. 1973ee et seq.);
                            (II) is in compliance with the Americans 
                        with Disabilities Act of 1990 (42 U.S.C. 12101 
                        et seq.) and the Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.) in conducting elections for 
                        Federal office; and
                            (III) provides blind and disabled voters a 
                        verifiable opportunity to vote under the same 
                        conditions of privacy and independence as 
                        nonvisually impaired or nondisabled voters at 
                        each polling place;
                            (ii) permits provisional voting or will 
                        implement a method of provisional voting 
                        (including notice to the voter regarding the 
                        disposition of the ballot) consistent with the 
                        recommendation adopted or modified by the 
                        Commission under section 203(1);
                            (iii) has implemented safeguards to ensure 
                        that--
                                    (I) the State or locality maintains 
                                an accurate and secure list of 
                                registered voters listing those voters 
                                legally registered and eligible to 
                                vote; and
                                    (II) only voters who are not 
                                legally registered or who are not 
                                eligible to vote are removed from the 
                                list of registered voters;
                            (iv) has implemented safeguards to ensure 
                        that members of the Armed Forces and voters 
                        outside the United States have the opportunity 
                        to vote and to have their vote counted; and
                            (v) provides for voter education programs 
                        and poll worker training programs consistent 
                        with the recommendations adopted by the 
                        Commission under section 203(1).
                    (B) Applicants unable to meet requirements.--Each 
                State or locality that, at the time it applies for a 
                grant under this section, does not demonstrate that it 
                meets each requirement described in subparagraph (A), 
                shall submit to the Commission a detailed and specific 
                demonstration of how the State or locality intends to 
                use grant funds to meet each such requirement.
    (c) Approval of Applications.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Commission shall establish general policies and criteria for 
        the approval of applications submitted under subsection (b)(1).
            (2) Priority based on deficiencies and need.--In awarding 
        grants to States and localities under this section, the 
        Commission shall give priority to those applying States and 
        localities that--
                    (A) have the most qualitatively or quantitatively 
                deficient systems of voting and administering elections 
                for Federal office; and
                    (B) have the greatest need for Federal assistance 
                in implementing the recommendations, as adopted by the 
                Commission.
            (3) Certification procedure.--
                    (A) In general.--The Commission may not approve an 
                application of a State or locality submitted under 
                subsection (b)(1) unless the Commission has received a 
                certification from the Assistant Attorney General under 
                subparagraph (D) with respect to such State or 
                locality.
                    (B) Transmittal of request.--Upon receipt of the 
                request for certification submitted under subsection 
                (b)(2)(B), the Commission shall transmit such request 
                to the Assistant Attorney General.
                    (C) Certification; noncertification.--
                            (i) Certification.--If the Assistant 
                        Attorney General finds that the request for 
                        certification demonstrates that a State or 
                        locality meets the requirements of subsection 
                        (b)(3)(A), or that a State or locality has 
                        provided a detailed and specific demonstration 
                        of how it will use funds received under this 
                        section to meet such requirements, the 
                        Assistant Attorney General shall certify that 
                        the State or locality is eligible to receive a 
                        grant under this section.
                            (ii) Noncertification.--If the Assistant 
                        Attorney General finds that the request for 
                        certification does not demonstrate that a State 
                        or locality meets the requirements of 
                        subparagraph (A) or (B) of subsection (b)(3), 
                        the Assistant Attorney General shall not 
                        certify that the State or locality is eligible 
                        to receive a grant under this section.
                    (D) Transmittal of certification.--The Assistant 
                Attorney General shall transmit to the Commission a 
                certification under clause (i) of subparagraph (C), or 
                a notice of noncertification under clause (ii) of such 
                subparagraph, together with a report identifying the 
                relevant deficiencies in the State's or locality's 
                system for voting or administering elections for 
                Federal office or in the request for certification 
                submitted by the State or locality.
    (d) Authorized Activities.--A State or locality that receives a 
grant under this section may use the grant funds as follows:
            (1) In general.--Subject to paragraph (2)--
                    (A) a State or locality may use grant funds to 
                implement any recommendation adopted or modified by the 
                Commission; and
                    (B) a State or locality that does not meet a 
                certification requirement described in subsection 
                (b)(3)(A) may use grant funds to meet that 
                certification requirement not later than the  first 
Federal election following the date on which the grant was awarded or 
the date that is 3 months after the date on which the grant was 
awarded, whichever is later.
            (2) Voting mechanism requirements.--Any voting mechanism 
        purchased in whole or in part with a grant made under this 
        section shall--
                    (A) have an error rate no higher than that 
                prescribed by the voting systems standards issued or 
                adopted by the Commission under section 203(2);
                    (B) in the case of a voting mechanism that is not 
                used for absentee or mail voting--
                            (i) permit each voter to verify the voter's 
                        vote before a ballot is cast;
                            (ii) be capable of notifying the voter, 
                        before the ballot is cast, if such voter votes 
                        for--
                                    (I) more than 1 candidate (if 
                                voting for multiple candidates is not 
                                permitted) for an office; or
                                    (II) fewer than the number of 
                                candidates for which votes may be cast 
                                for an office; and
                            (iii) provide such voter with the 
                        opportunity to modify the voter's ballot before 
                        it is cast; and
                    (C) have the audit capacity to produce a record for 
                each ballot cast.
            (3) Compliance with existing law.--Each recipient of a 
        grant under this section shall ensure that each activity funded 
        (in whole or in part) with a grant awarded under this section 
        is conducted in accordance with each law described in 
        subsection (b)(3)(A)(i).
    (e) Payments; Federal Share.--
            (1) Payments.--The Commission shall pay to each State or 
        locality having an application approved under subsection (c) 
        the Federal share of the costs of the activities described in 
        subsection (d).
            (2) Federal share.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Federal share of the costs shall be a 
                percentage determined by the Commission that does not 
                exceed 75 percent.
                    (B) Exception.--The Commission may provide for a 
                Federal share of greater than 75 percent of the costs 
                for a State or locality if the Commission determines 
                that such greater percentage is necessary due to the 
                lack of resources of the State or locality.
    (f) Reports.--
            (1) States and localities.--
                    (A) In general.--Not later than the date that is 6 
                months after the date on which a State or locality 
                receives a grant under this section, such State or 
                locality shall submit to the Commission a report 
                describing each activity funded by the grant, including 
                (if applicable) sufficient evidence that the State or 
                locality has used or is using grant funds to meet the 
                requirements of subsection (b)(3)(A).
                    (B) Transmittal.--Upon receipt of the report 
                submitted under subparagraph (A), the Commission shall 
                transmit such report to the Assistant Attorney General.
            (2) Commission.--
                    (A) In general.--Not later than the date that is 1 
                year after the date on which the first payment is made 
                under subsection (e)(1), and annually thereafter, the 
                Commission shall submit to Congress a report on the 
                activities of the Commission and the Assistant Attorney 
                General under this section.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall contain a description of the 
                Federal Election Reform Grant Program established under 
                subsection (a), a description and analysis of each 
                grant awarded under this section, and such 
                recommendations for legislative action as the 
                Commission considers appropriate.
    (g) Audits of Grant Recipients.--
            (1) Recordkeeping requirement.--Each recipient of a grant 
        under this section shall keep such records as the Commission 
        shall prescribe.
            (2) Audits of recipients.--
                    (A) In general.--The Commission--
                            (i) may audit any recipient of a grant 
                        under this section to ensure that funds awarded 
                        under the grant are expended in compliance with 
                        the provisions of this title; and
                            (ii) shall have access to any record of the 
                        recipient that the Commission determines may be 
                        related to such a grant for the purpose of 
                        conducting such an audit.
                    (B) Other audits.--If the Assistant Attorney 
                General has certified a State or locality as eligible 
                to receive a grant under this section in order to meet 
                a certification requirement described in subsection 
                (b)(3)(A) (as permitted under subsection (d)(1)(B)) and 
                such State or locality is a recipient of such a grant, 
                the Assistant Attorney General, in consultation with 
                the Commission shall, after receiving the report 
                submitted under subsection (f)(1)(A)--
                            (i) audit such recipient to ensure that the 
                        recipient has achieved, or is achieving, 
                        compliance with the certification requirements 
                        described in subsection (b)(3)(A); and
                            (ii) shall have access to any record of the 
                        recipient that the Commission determines may be 
                        related to such a grant for the purpose of 
                        conducting such an audit.
    (h) Effective Date.--The Commission shall establish the general 
policies and criteria for the approval of applications submitted under 
subsection (b)(1) in a manner that ensures that the Commission is able 
to approve applications not later than 30 days after the date on which 
the Commission adopts or modifies the recommendations under section 
203(1).

SEC. 205. MEETINGS OF THE COMMISSION.

    The Commission shall meet at the call of any member of the 
Commission, but may not meet less often than monthly.

SEC. 206. POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--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.
            (2) Oaths and affirmations.--The Commission may administer 
        oaths and affirmations to witnesses appearing before the 
        Commission.
    (b) Voting.--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.
    (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 title. Upon request of 
the Commission, the head of such department or agency shall furnish 
such information to the Commission.
    (d) 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.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services 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.
    (f) Website.--The Commission shall establish a website to 
facilitate public comment and participation. The Commission shall make 
all information on its website available in print.

SEC. 207. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission shall 
be compensated at the annual rate of basic pay prescribed for level IV 
of the Executive Schedule under section 5315 of title 5, United States 
Code.
    (b) Staff.--
            (1) Appointment and termination.--
                    (A) In general.--The Commission may, without regard 
                to the provisions of title 5, United States Code, 
                governing appointments in the competitive service, 
                appoint and terminate an executive director and such 
                other additional personnel as may be necessary to 
                enable the Commission to perform its duties.
                    (B) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Commission.
            (2) Compensation.--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.
    (c) 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.
    (d) Procurement of Temporary and Intermittent Services.--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. 208. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (b), there are authorized to 
be appropriated to the Commission such sums as may be necessary to 
carry out this title.
    (b) Federal Election Reform Grants.--For the purpose of awarding 
grants under section 204, there are authorized to be appropriated to 
the Commission--
            (1) for each of fiscal years 2002 through 2006, 
        $500,000,000; and
            (2) for each subsequent fiscal year, such sums as may be 
        necessary.

SEC. 209. OFFSET OF AUTHORIZED SPENDING.

    (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--ELECTION ADMINISTRATION ADVISORY BOARD

SEC. 301. ESTABLISHMENT OF THE ELECTION ADMINISTRATION ADVISORY BOARD.

    There is established the Election Administration Advisory Board (in 
this title referred to as the ``Board'').

SEC. 302. MEMBERSHIP OF THE BOARD.

    (a) Number and Appointment.--The Board shall be composed of 24 
members appointed by the Election Administration Commission established 
under section 201 (in this title referred to as the ``Commission'') as 
follows:
            (1) 12 members appointed by the chairperson of the 
        Commission.
            (2) 12 members appointed by the vice chairperson of the 
        Commission.
    (b) Qualifications.--
            (1) In general.--Members appointed under subsection (a) 
        may--
                    (A) have experience administering State and local 
                elections; and
                    (B) be members of nongovernmental organizations 
                concerned with matters relating to Federal, State, or 
                local elections.
            (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) Federal officers and employees.--No member of the Board 
        may be an officer or employee of the Federal Government.
    (c) Date of Appointment.--The appointments of the members of the 
Board under subsection (a) shall be made not later than 90 days after 
the date on which all the members of the Commission have been appointed 
under section 202.
    (d) 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 not 
                affect its powers, but shall be filled in the manner in 
                which the original appointment was made. The 
                appointment made to fill the vacancy shall be subject 
                to any conditions that applied with respect to the 
                original appointment.
                    (B) Filling unexpired term.--An individual chosen 
                to fill a vacancy on the Board occurring prior to the 
                expiration of the term for which the individual's 
                predecessor was appointed shall be appointed for the 
                unexpired term of the member replaced.
            (3) Expiration of terms.--A member of the Board may serve 
        on the Board after the expiration of the member's term until 
        the successor of such member has taken office as a member of 
        the Board.
    (e) Chairperson; Vice Chairperson.--
            (1) In general.--The Board shall elect a chairperson and 
        vice chairperson from among its members to serve a term of 1 
        year.
            (2) Political affiliation.--The chairperson and vice 
        chairperson may not be affiliated with the same political 
        party.

SEC. 303. DUTY OF THE BOARD.

    It shall be the duty of the Board to advise the Commission on 
matters relating to the administration of elections upon the request of 
the Commission.

SEC. 304. MEETINGS OF THE BOARD.

    (a) In General.--The Board shall meet at the call of the 
chairperson.
    (b) Annual Meeting Required.--The Board shall meet not less often 
than annually.
    (c) 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.
    (d) Quorum.--A majority of the members of the Board shall 
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 305. VOTING.

    Each action of the Board shall be approved by a majority vote of 
the members of the Board. Each member of the Board shall have 1 vote.

SEC. 306. BOARD PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Board shall serve 
without compensation, notwithstanding section 1342 of title 31, United 
States Code.
    (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. 307. TERMINATION OF THE BOARD.

    Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Board.

SEC. 308. 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 IV--TRANSITION PROVISIONS

Subtitle A--Transfer to Election Administration Commission of Functions 
                           Under Certain Laws

SEC. 401. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) Transfer of Functions of Office of Election Administration of 
Federal Election Commission.--There are transferred to the Election 
Administration Commission established under section 201 all functions 
which the Office of the Election Administration, established within the 
Federal Election Commission, exercised before the date of enactment of 
this Act.
    (b) Conforming Amendment.--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.

SEC. 402. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.

    (a) Transfer of Functions.--There are transferred to the Election 
Administration Commission established under section 201 all functions 
which the Presidential designee under title I 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) Conforming 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. 403. NATIONAL VOTER REGISTRATION ACT OF 1993.

    (a) Transfer of Functions.--There are transferred to the Election 
Administration Commission established under section 201 all functions 
which the Federal Election Commission exercised under the National 
Voter Registration Act of 1993 before the date of enactment of this 
Act.
    (b) Conforming Amendment.--Section 9(a) of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is amended by striking 
``Federal Election Commission'' and inserting ``Election Administration 
Commission''.

SEC. 404. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.

    (a) Property and Records.--The contracts, liabilities, records, 
property, and other assets and interests of, or made available in 
connection with, the offices and functions of the Federal Election 
Commission which are transferred by this subtitle are transferred to 
the Election Administration Commission for appropriate allocation.
    (b) Personnel.--The personnel employed in connection with the 
offices and functions of the Federal Election Commission which are 
transferred by this subtitle are transferred to the Election 
Administration Commission.

SEC. 405. EFFECTIVE DATE; TRANSITION.

    (a) Effective Date.--This title and the amendments made by this 
title shall take effect upon the appointment of all members of the 
Election Administration Commission under section 203.
    (b) Transition.--With the consent of the entity involved, the 
Election Administration Commission is authorized to utilize the 
services of such officers, employees, and other personnel of the 
entities from which functions have been transferred to the Commission 
under this title or the amendments made by this title for such period 
of time as may reasonably be needed to facilitate the orderly transfer 
of such functions.

   Subtitle B--Coverage of Election Administration Commission Under 
                       Certain Laws and Programs

SEC. 411. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN CIVIL SERVICE 
              LAWS.

    (a) Coverage Under Hatch Act.--Section 7323(b)(2)(B)(i)(I) of title 
5, United States Code, is amended by inserting ``or the Election 
Administration Commission'' after ``Commission''.
    (b) Exclusion From Senior Executive Service.--Section 3132(a)(1)(C) 
of title 5, United States Code, is amended by inserting ``or the 
Election Administration Commission'' after ``Commission''.

SEC. 412. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.

    (a) In General.--Section 8G(a)(2) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by inserting ``, the Election 
Administration Commission,'' after ``Federal Election Commission,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the appointment of all members of the 
Election Administration Commission under section 203.

               TITLE V--ABSENT UNIFORMED SERVICES VOTERS

SEC. 501. 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, in 
        each election for Federal office, 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 VI--MISCELLANEOUS

SEC. 601. 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.--Nothing in this Act 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. 1973 et seq.).
            (3) The Rehabilitation Act of 1973 (42 U.S.C. 701 et seq.).
            (4) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
            (5) The Voting Accessibility for the Elderly and 
        Handicapped Act (42 U.S.C. 1973ee et seq.).
    (c) Effect on Preclearance Requirements.--Any approval or 
certification by the Election Administration Commission or the 
Assistant Attorney General for Civil Rights of the application of a 
State or locality submitted under section 204(b)(1) shall not affect 
any requirements for preclearance under section 5 of the Voting Rights 
Act of 1965 (42 U.S.C. 1973c).
                                 <all>