[Congressional Record Volume 147, Number 130 (Tuesday, October 2, 2001)]
[Senate]
[Pages S10068-S10103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 1821. Mr. NELSON, of Florida submitted an amendment 
     intended to be proposed to amendment SA 1602 submitted by Mr. 
     Allard and intended to be proposed to the bill (S. 1438) to 
     authorize appropriations for fiscal year 2002 for military 
     activities of the Department of Defense, for military 
     constructions, and for defense activities of the Department 
     of Energy, to prescribe personnel strengths for such fiscal 
     year for the Armed Forces, and for other purposes; which was 
     ordered to lie on the table.
       SA 1822. Mr. NELSON, of Florida submitted an amendment 
     intended to be proposed to amendment SA 1755 proposed by Mr. 
     Allard to the bill (S. 1438) supra; which was ordered to lie 
     on the table.
       SA 1823. Mr. NELSON, of Florida submitted an amendment 
     intended to be proposed to amendment SA 1754 submitted by Mr. 
     Allard and intended to be proposed to the bill (S. 1438) 
     supra; which was ordered to lie on the table.
       SA 1824. Mr. KYL submitted an amendment intended to be 
     proposed by him to the bill S. 1438, supra, which was ordered 
     to lie on the table.
       SA 1825. Mr. CORZINE submitted an amendment intended to be 
     proposed by him to the bill S. 1438, supra; which was ordered 
     to lie on the table.
       SA 1826. Mr. CRAIG (for himself, Mr. Lott, Mr. Allen, Mr. 
     Smith, of New Hampshire, Mr. Nickles, Mr. Crapo, and Mr. Kyl) 
     submitted an amendment intended to be proposed by him to the 
     bill S. 1438, supra; which was ordered to lie on the table.
       SA 1827. Mr. CRAIG (for himself, Mr. Lott, Mr. Allen, Mr. 
     Smith, of New Hampshire, Mr. Nickles, Mr. Crapo, and Mr. Kyl) 
     submitted an amendment intended to be proposed by him to the 
     bill S. 1438, supra, which was ordered to lie on the table.
       SA 1828. Mr. McCONNELL submitted an amendment intended to 
     be proposed to amendment SA 1769 submitted by Mr. Dodd and 
     intended to be proposed to the bill (S. 1438) supra; which 
     was ordered to lie on the table.
       SA 1829. Mr. DODD submitted an amendment intended to be 
     proposed by him to the bill S. 1438, supra; which was ordered 
     to lie on the table.
       SA 1830. Mr. DODD submitted an amendment intended to be 
     proposed to amendment SA 1754 submitted by Mr. Allard and 
     intended to be proposed to the bill (S. 1438) supra; which 
     was ordered to lie on the table.
       SA 1831. Mr. DODD submitted an amendment intended to be 
     proposed to amendment SA 1754 submitted by Mr. Allard and 
     intended to be proposed to the bill (S. 1438) supra; which 
     was ordered to lie on the table.
       SA 1832. Mr. DODD submitted an amendment intended to be 
     proposed to amendment SA 1755 proposed by Mr. Allard to the 
     bill (S. 1438) supra; which was ordered to lie on the table.
       SA 1833. Mr. DODD submitted an amendment intended to be 
     proposed to amendment SA 1755 proposed by Mr. Allard to the 
     bill (S. 1438) supra; which was ordered to lie on the table.
       SA 1834. Mr. LEVIN (for Mr. Thomas (for himself and Mr. 
     Gramm)) proposed an amendment to the bill S. 1438, supra.
       SA 1835. Mr. DOMENICI (for himself, Mr. Hagel, Mr. Lugar, 
     and Mr. Bingaman) submitted an amendment intended to be 
     proposed by him to the bill S. 1438, supra; which was ordered 
     to lie on the table.
       SA 1836. Mr. DOMENICI (for himself, Mr. Thurmond, Mr. 
     Murkowski, Mr. Bingaman, Mr. Lugar, Mr. Hollings, Ms. 
     Landrieu, and Mr. Biden) submitted an amendment intended to 
     be proposed by him to the bill S. 1438, supra; which was 
     ordered to lie on the table.
       SA 1837. Mr. DOMENICI (for himself and Mr. Bingaman) 
     submitted an amendment intended to be proposed by him to the 
     bill S. 1438, supra; which was ordered to lie on the table.
       SA 1838. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill S. 1438, supra; which was ordered 
     to lie on the table.
       SA 1839. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill S. 1438, supra; which was ordered 
     to lie on the table.
       SA 1840. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill S. 1438, supra; which was ordered 
     to lie on the table.
       SA 1841. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill S. 1438, supra; which was ordered 
     to lie on the table.
       SA 1842. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill S. 1438, supra; which was ordered 
     to lie on the table.
  SA 1821. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 1602 submitted by Mr. Allard and intended to 
be proposed to the bill (S. 1438) to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

             Subtitle F--Uniformed Services Overseas Voting

     SEC. 571. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF 
                   VOTING BY MEMBERS OF THE UNIFORMED SERVICES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that each administrator of a Federal, State, or local 
     election should--
       (1) be aware of the importance of the ability of each 
     uniformed services voter to exercise their right to vote; and
       (2) perform their duties with the intent to ensure that--

[[Page S10069]]

       (A) each uniformed services voter receives the utmost 
     consideration and cooperation when voting;
       (B) each valid ballot cast by such a voter is duly counted; 
     and
       (C) all eligible American voters, regardless of race, 
     ethnicity, disability, the language they speak, or the 
     resources of the community in which they live should have an 
     equal opportunity to cast a vote and have that vote counted.
       (b) Uniformed Services Voter Defined.--In this section, the 
     term ``uniformed services voter'' means--
       (1) a member of a uniformed service (as defined in section 
     101(a)(5) of title 10, United States Code) in active service;
       (2) a member of the merchant marine (as defined in section 
     107 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6)); and
       (3) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.

     SEC. 572. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT 
                   UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is 
     amended--
       (1) by striking ``Each State'' and inserting ``(a) In 
     General.--Each State''; and
       (2) by adding at the end the following:
       ``(c) Standards for Invalidation of Certain Ballots.--Each 
     State shall submit to the Presidential designee, at such time 
     and in such manner as the Presidential designee may specify, 
     a clear statement of the standards to be applied by the State 
     in determining whether or not to refuse to count a ballot 
     submitted in an election for Federal office by an absent 
     uniformed services voter.''.
       (b) Distribution of Standards by the Presidential 
     Designee.--Section 101(b)(5) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(5)) is 
     amended--
       (1) by striking ``and'' before ``(B)''; and
       (2) by inserting before the period at the end the 
     following: ``, and (C) the standards submitted by the State 
     under section 102(c)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to ballots described in section 
     102(c) of the Uniformed and Overseas Citizens Absentee Voting 
     Act (as added by subsection (a)) that are submitted with 
     respect to elections that occur after the date of enactment 
     of this Act.

     SEC. 573. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at 
     the end the following:
       ``Sec. 704. (a) For purposes of voting for any Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)) or a State or local 
     office, a person who is absent from a State in compliance 
     with military or naval orders shall not, solely by reason of 
     that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

     SEC. 574. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR 
                   ABSENT UNIFORMED SERVICES VOTERS TO STATE AND 
                   LOCAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 572(a), is further amended by inserting after 
     subsection (a) the following new subsection:
       ``(b) Elections for State and Local Offices.--Each State 
     shall--
       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and vote by absentee ballot 
     in general, special, primary, and runoff elections for State 
     and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the date of 
     the election.''.
       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking ``FOR FEDERAL OFFICE''.

     SEC. 575. USE OF SINGLE APPLICATION AS A SIMULTANEOUS 
                   ABSENTEE VOTER REGISTRATION APPLICATION AND 
                   ABSENTEE BALLOT APPLICATION.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as 
     redesignated by section 572(a)(1), is further amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) accept and process the official post card form 
     (prescribed under section 101) as a simultaneous absentee 
     voter registration application and absentee ballot 
     application; and''.

     SEC. 576. USE OF SINGLE APPLICATION FOR ABSENTEE BALLOTS FOR 
                   ALL FEDERAL ELECTIONS.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 575, is further amended by inserting after 
     paragraph (4) the following new paragraph (5):
       ``(5) accept and process, with respect to all general, 
     special, primary, and runoff elections for Federal office 
     occurring during a year, any otherwise valid absentee ballot 
     application from an absent uniformed services voter or 
     overseas voter if a single application for any such election 
     is received by the appropriate State election official not 
     less than 30 days before the first election for Federal 
     office occurring during the year.''.

     SEC. 577. ELECTRONIC VOTING DEMONSTRATION PROJECT.

       (a) In General.--The Secretary of Defense shall carry out a 
     demonstration project under which absent uniformed services 
     voters (as defined in section 107(1) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     6(1))) are permitted to cast ballots in the regularly 
     scheduled general election for Federal office for November 
     2002, through an electronic voting system.
       (b) Coordination With State Election Officials.--To the 
     greatest extent practicable, the Secretary of Defense shall 
     carry out the demonstration project under this section 
     through cooperative agreements with State election officials.
       (c) Report to Congress.--Not later than June 1, 2003, the 
     Secretary of Defense shall submit a report to Congress 
     analyzing the demonstration project conducted under this 
     section, and shall include in the report any recommendations 
     the Secretary of Defense considers appropriate for continuing 
     the project on an expanded basis during the next regularly 
     scheduled general election for Federal office.

     SEC. 578. FEDERAL VOTING ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Defense shall promulgate 
     regulations to require each of the Armed Forces to ensure 
     their compliance with any directives issued by the Secretary 
     of Defense in implementing the Federal Voting Assistance 
     Program (referred to in this section as the ``Program'') or 
     any similar program.
       (b) Review and Report.--(1) The Inspector General of each 
     of the Armed Forces shall--
       (A) conduct an annual review of the effectiveness of the 
     Program or any similar program;
       (B) conduct an annual review of the compliance with the 
     Program or any similar program of the branch; and
       (C) submit an annual report to the Inspector General of the 
     Department of Defense on the results of the reviews under 
     subparagraphs (A) and (B).
       (2) Not later than March 31, 2003, and annually thereafter, 
     the Inspector General of the Department of Defense shall 
     submit a report to Congress on--
       (A) the effectiveness of the Program or any similar 
     program; and
       (B) the level of compliance with the Program or any similar 
     program of the branches of the Armed Forces.

     SEC. 579. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND 
                   RESERVE COMPONENT FACILITIES AS POLLING PLACES.

       (a) Use of Military Installations Authorized.--Section 2670 
     of title 10, United States Code, is amended--
       (1) by striking ``Under'' and inserting ``(a) Use by Red 
     Cross.--Under'';
       (2) by striking ``this section'' and inserting ``this 
     subsection''; and
       (3) by adding at the end the following:
       ``(b) Use as Polling Places.--(1) Notwithstanding chapter 
     29 of title 18 (including sections 592 and 593 of such 
     title), the Secretary of a military department may make a 
     building located on a military installation under the 
     jurisdiction of the Secretary available for use by 
     individuals who reside on that military installation as a 
     polling place in any Federal, State, or local election for 
     public office where such use is consistent with State law.
       ``(2) Once a military installation is made available as the 
     site of a polling place with respect to a Federal, State, or 
     local election for public office under paragraph (1), the 
     Secretary shall continue to make the site available for 
     subsequent elections for public office unless the Secretary 
     provides to Congress advance notice in a reasonable and 
     timely manner of the reasons why the site will no longer be 
     made available as a polling place.
       ``(3) In this section, the term `military installation' has 
     the meaning given the term in section 2687(e) of this 
     title.''.
       (b) Conforming Amendments to title 18.--(1) Section 592 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``This section shall not prohibit the use of buildings 
     located on military installations as polling places in 
     Federal, State, and local elections for public office in 
     accordance with section 2670(b) of title 10.''.
       (2) Section 593 of such title is amended by adding at the 
     end the following:
       ``This section shall not prohibit the use of buildings 
     located on military installations as polling places in 
     Federal, State, and local elections for public office in 
     accordance with section 2670(b) of title 10.''.

[[Page S10070]]

       (d) Conforming Amendment to Voting Rights Law.--Section 
     2003 of the Revised Statutes (42 U.S.C. 1972) is amended by 
     adding at the end the following: ``Making a military 
     installation available as a polling place in a Federal, 
     State, or local election for public office in accordance with 
     section 2670(b) of title 10, United States Code, shall be 
     deemed to be consistent with this section.''.
       (e) Clerical amendments.--(1) The heading of section 2670 
     of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 2670. Buildings on military installations: use by 
       American National Red Cross and as polling places in 
       Federal, State, and local elections''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 159 of such title is 
     amended to read as follows:

``2670. Buildings on military installations: use by American National 
              Red Cross and as polling places in Federal, State, and 
              local elections.''.

     SEC. 580. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED 
                   UNIFORMED SERVICES VOTERS TO THE POLLS.

       (a) Absentee Registration.--For purposes of voting in any 
     primary, special, general, or runoff election for Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)), each State shall, with 
     respect to any uniformed services voter (as defined in 
     section 571(b)) requesting to vote in the State accept and 
     process, with respect to any primary, special, general, or 
     runoff election, any otherwise valid voter registration 
     application submitted by such voter.
       (b) Voting by Recently Separated Uniformed Services 
     Voters.--Each State shall permit each recently separated 
     uniformed services voter to vote in any election for which a 
     voter registration application has been accepted and 
     processed under subsection (a) if that voter--
       (1) has registered to vote under such subsection; and
       (2) is eligible to vote in that election under State law.
       (c) Definitions.--In this section:
       (1) The term ``State'' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.
       (2) The term ``recently separated uniformed services 
     voter'' means any individual who was a uniformed services 
     voter (as defined in section 571(b)) on the date that is 60 
     days before the date on which the individual seeks to vote 
     and who--
       (A) presents to the election official Department of Defense 
     form 214 evidencing their former status as such a voter, or 
     any other official proof of such status; and
       (B) is no longer such a voter; and
       (C) is otherwise qualified to vote.

     SEC. 580A. GOVERNORS' REPORTS ON IMPLEMENTATION OF FEDERAL 
                   VOTING ASSISTANCE PROGRAM RECOMMENDATIONS.

       (a) Reports.--Not later than 90 days after the date on 
     which a State receives a legislative recommendation, the 
     State shall submit a report on the status of the 
     implementation of that recommendation to the Presidential 
     designee and to each Member of Congress that represents that 
     State.
       (b) Period of Applicability.--This section applies with 
     respect to legislative recommendations received by States 
     during the period beginning on the date of enactment of this 
     Act and ending three years after such date.
       (c) Definitions.--In this section:
       (1) The term ``legislative recommendation'' means a 
     recommendation of the Presidential designee suggesting a 
     modification in the laws of a State for the purpose of 
     maximizing the access to the polls of absent uniformed 
     services voters and overseas voters, including each 
     recommendation made under section 104 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3).
       (2) The term ``Presidential designee'' means the head of 
     the executive department designated under section 101 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff).
                                  ____

  SA 1822. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 1755 proposed by Mr. Allard to the bill (S. 
1438) to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

             Subtitle F--Uniformed Services Overseas Voting

     SEC. 571. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF 
                   VOTING BY MEMBERS OF THE UNIFORMED SERVICES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that each administrator of a Federal, State, or local 
     election should--
       (1) be aware of the importance of the ability of each 
     uniformed services voter to exercise their right to vote; and
       (2) perform their duties with the intent to ensure that--
       (A) each uniformed services voter receives the utmost 
     consideration and cooperation when voting;
       (B) each valid ballot cast by such a voter is duly counted; 
     and
       (C) all eligible American voters, regardless of race, 
     ethnicity, disability, the language they speak, or the 
     resources of the community in which they live should have an 
     equal opportunity to cast a vote and have that vote counted.
       (b) Uniformed Services Voter Defined.--In this section, the 
     term ``uniformed services voter'' means--
       (1) a member of a uniformed service (as defined in section 
     101(a)(5) of title 10, United States Code) in active service;
       (2) a member of the merchant marine (as defined in section 
     107 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6)); and
       (3) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.

     SEC. 572. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT 
                   UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is 
     amended--
       (1) by striking ``Each State'' and inserting ``(a) In 
     General.--Each State''; and
       (2) by adding at the end the following:
       ``(c) Standards for Invalidation of Certain Ballots.--Each 
     State shall submit to the Presidential designee, at such time 
     and in such manner as the Presidential designee may specify, 
     a clear statement of the standards to be applied by the State 
     in determining whether or not to refuse to count a ballot 
     submitted in an election for Federal office by an absent 
     uniformed services voter.''.
       (b) Distribution of Standards by the Presidential 
     Designee.--Section 101(b)(5) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(5)) is 
     amended--
       (1) by striking ``and'' before ``(B)''; and
       (2) by inserting before the period at the end the 
     following: ``, and (C) the standards submitted by the State 
     under section 102(c)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to ballots described in section 
     102(c) of the Uniformed and Overseas Citizens Absentee Voting 
     Act (as added by subsection (a)) that are submitted with 
     respect to elections that occur after the date of enactment 
     of this Act.

     SEC. 573. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at 
     the end the following:
       ``Sec. 704. (a) For purposes of voting for any Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)) or a State or local 
     office, a person who is absent from a State in compliance 
     with military or naval orders shall not, solely by reason of 
     that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

     SEC. 574. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR 
                   ABSENT UNIFORMED SERVICES VOTERS TO STATE AND 
                   LOCAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 572(a), is further amended by inserting after 
     subsection (a) the following new subsection:
       ``(b) Elections for State and Local Offices.--Each State 
     shall--
       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and vote by absentee ballot 
     in general, special, primary, and runoff elections for State 
     and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the date of 
     the election.''.
       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking ``FOR FEDERAL OFFICE''.

     SEC. 575. USE OF SINGLE APPLICATION AS A SIMULTANEOUS 
                   ABSENTEE VOTER REGISTRATION APPLICATION AND 
                   ABSENTEE BALLOT APPLICATION.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as 
     redesignated by section 572(a)(1), is further amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) accept and process the official post card form 
     (prescribed under section 101) as a simultaneous absentee 
     voter registration application and absentee ballot 
     application; and''.

[[Page S10071]]

     SEC. 576. USE OF SINGLE APPLICATION FOR ABSENTEE BALLOTS FOR 
                   ALL FEDERAL ELECTIONS.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 575, is further amended by inserting after 
     paragraph (4) the following new paragraph (5):
       ``(5) accept and process, with respect to all general, 
     special, primary, and runoff elections for Federal office 
     occurring during a year, any otherwise valid absentee ballot 
     application from an absent uniformed services voter or 
     overseas voter if a single application for any such election 
     is received by the appropriate State election official not 
     less than 30 days before the first election for Federal 
     office occurring during the year.''.

     SEC. 577. ELECTRONIC VOTING DEMONSTRATION PROJECT.

       (a) In General.--The Secretary of Defense shall carry out a 
     demonstration project under which absent uniformed services 
     voters (as defined in section 107(1) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     6(1))) are permitted to cast ballots in the regularly 
     scheduled general election for Federal office for November 
     2002, through an electronic voting system.
       (b) Coordination With State Election Officials.--To the 
     greatest extent practicable, the Secretary of Defense shall 
     carry out the demonstration project under this section 
     through cooperative agreements with State election officials.
       (c) Report to Congress.--Not later than June 1, 2003, the 
     Secretary of Defense shall submit a report to Congress 
     analyzing the demonstration project conducted under this 
     section, and shall include in the report any recommendations 
     the Secretary of Defense considers appropriate for continuing 
     the project on an expanded basis during the next regularly 
     scheduled general election for Federal office.

     SEC. 578. FEDERAL VOTING ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Defense shall promulgate 
     regulations to require each of the Armed Forces to ensure 
     their compliance with any directives issued by the Secretary 
     of Defense in implementing the Federal Voting Assistance 
     Program (referred to in this section as the ``Program'') or 
     any similar program.
       (b) Review and Report.--(1) The Inspector General of each 
     of the Armed Forces shall--
       (A) conduct an annual review of the effectiveness of the 
     Program or any similar program;
       (B) conduct an annual review of the compliance with the 
     Program or any similar program of the branch; and
       (C) submit an annual report to the Inspector General of the 
     Department of Defense on the results of the reviews under 
     subparagraphs (A) and (B).
       (2) Not later than March 31, 2003, and annually thereafter, 
     the Inspector General of the Department of Defense shall 
     submit a report to Congress on--
       (A) the effectiveness of the Program or any similar 
     program; and
       (B) the level of compliance with the Program or any similar 
     program of the branches of the Armed Forces.

     SEC. 579. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND 
                   RESERVE COMPONENT FACILITIES AS POLLING PLACES.

       (a) Use of Military Installations Authorized.--Section 2670 
     of title 10, United States Code, is amended--
       (1) by striking ``Under'' and inserting ``(a) Use by Red 
     Cross.--Under'';
       (2) by striking ``this section'' and inserting ``this 
     subsection''; and
       (3) by adding at the end the following:
       ``(b) Use as Polling Places.--(1) Notwithstanding chapter 
     29 of title 18 (including sections 592 and 593 of such 
     title), the Secretary of a military department may make a 
     building located on a military installation under the 
     jurisdiction of the Secretary available for use by 
     individuals who reside on that military installation as a 
     polling place in any Federal, State, or local election for 
     public office where such use is consistent with State law.
       ``(2) Once a military installation is made available as the 
     site of a polling place with respect to a Federal, State, or 
     local election for public office under paragraph (1), the 
     Secretary shall continue to make the site available for 
     subsequent elections for public office unless the Secretary 
     provides to Congress advance notice in a reasonable and 
     timely manner of the reasons why the site will no longer be 
     made available as a polling place.
       ``(3) In this section, the term `military installation' has 
     the meaning given the term in section 2687(e) of this 
     title.''.
       (b) Conforming Amendments to title 18.--(1) Section 592 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``This section shall not prohibit the use of buildings 
     located on military installations as polling places in 
     Federal, State, and local elections for public office in 
     accordance with section 2670(b) of title 10.''.
       (2) Section 593 of such title is amended by adding at the 
     end the following:
       ``This section shall not prohibit the use of buildings 
     located on military installations as polling places in 
     Federal, State, and local elections for public office in 
     accordance with section 2670(b) of title 10.''.
       (d) Conforming Amendment to Voting Rights Law.--Section 
     2003 of the Revised Statutes (42 U.S.C. 1972) is amended by 
     adding at the end the following: ``Making a military 
     installation available as a polling place in a Federal, 
     State, or local election for public office in accordance with 
     section 2670(b) of title 10, United States Code, shall be 
     deemed to be consistent with this section.''.
       (e) Clerical amendments.--(1) The heading of section 2670 
     of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 2670. Buildings on military installations: use by 
       American National Red Cross and as polling places in 
       Federal, State, and local elections''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 159 of such title is 
     amended to read as follows:

``2670. Buildings on military installations: use by American National 
              Red Cross and as polling places in Federal, State, and 
              local elections.''.

     SEC. 580. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED 
                   UNIFORMED SERVICES VOTERS TO THE POLLS.

       (a) Absentee Registration.--For purposes of voting in any 
     primary, special, general, or runoff election for Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)), each State shall, with 
     respect to any uniformed services voter (as defined in 
     section 571(b)) requesting to vote in the State accept and 
     process, with respect to any primary, special, general, or 
     runoff election, any otherwise valid voter registration 
     application submitted by such voter.
       (b) Voting by Recently Separated Uniformed Services 
     Voters.--Each State shall permit each recently separated 
     uniformed services voter to vote in any election for which a 
     voter registration application has been accepted and 
     processed under subsection (a) if that voter--
       (1) has registered to vote under such subsection; and
       (2) is eligible to vote in that election under State law.
       (c) Definitions.--In this section:
       (1) The term ``State'' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.
       (2) The term ``recently separated uniformed services 
     voter'' means any individual who was a uniformed services 
     voter (as defined in section 571(b)) on the date that is 60 
     days before the date on which the individual seeks to vote 
     and who--
       (A) presents to the election official Department of Defense 
     form 214 evidencing their former status as such a voter, or 
     any other official proof of such status; and
       (B) is no longer such a voter; and
       (C) is otherwise qualified to vote.

     SEC. 580A. GOVERNORS' REPORTS ON IMPLEMENTATION OF FEDERAL 
                   VOTING ASSISTANCE PROGRAM RECOMMENDATIONS.

       (a) Reports.--Not later than 90 days after the date on 
     which a State receives a legislative recommendation, the 
     State shall submit a report on the status of the 
     implementation of that recommendation to the Presidential 
     designee and to each Member of Congress that represents that 
     State.
       (b) Period of Applicability.--This section applies with 
     respect to legislative recommendations received by States 
     during the period beginning on the date of enactment of this 
     Act and ending three years after such date.
       (c) Definitions.--In this section:
       (1) The term ``legislative recommendation'' means a 
     recommendation of the Presidential designee suggesting a 
     modification in the laws of a State for the purpose of 
     maximizing the access to the polls of absent uniformed 
     services voters and overseas voters, including each 
     recommendation made under section 104 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3).
       (2) The term ``Presidential designee'' means the head of 
     the executive department designated under section 101 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff).
                                  ____

  SA 1823. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 1754 submitted by Mr. Allard and intended to 
be proposed to the bill (S. 1438) to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

             Subtitle F--Uniformed Services Overseas Voting

     SEC. 571. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF 
                   VOTING BY MEMBERS OF THE UNIFORMED SERVICES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that each administrator of a Federal, State, or local 
     election should--
       (1) be aware of the importance of the ability of each 
     uniformed services voter to exercise their right to vote; and
       (2) perform their duties with the intent to ensure that--

[[Page S10072]]

       (A) each uniformed services voter receives the utmost 
     consideration and cooperation when voting;
       (B) each valid ballot cast by such a voter is duly counted; 
     and
       (C) all eligible American voters, regardless of race, 
     ethnicity, disability, the language they speak, or the 
     resources of the community in which they live should have an 
     equal opportunity to cast a vote and have that vote counted.
       (b) Uniformed Services Voter Defined.--In this section, the 
     term ``uniformed services voter'' means--
       (1) a member of a uniformed service (as defined in section 
     101(a)(5) of title 10, United States Code) in active service;
       (2) a member of the merchant marine (as defined in section 
     107 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6)); and
       (3) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.

     SEC. 572. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT 
                   UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is 
     amended--
       (1) by striking ``Each State'' and inserting ``(a) In 
     General.--Each State''; and
       (2) by adding at the end the following:
       ``(c) Standards for Invalidation of Certain Ballots.--Each 
     State shall submit to the Presidential designee, at such time 
     and in such manner as the Presidential designee may specify, 
     a clear statement of the standards to be applied by the State 
     in determining whether or not to refuse to count a ballot 
     submitted in an election for Federal office by an absent 
     uniformed services voter.''.
       (b) Distribution of Standards by the Presidential 
     Designee.--Section 101(b)(5) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(5)) is 
     amended--
       (1) by striking ``and'' before ``(B)''; and
       (2) by inserting before the period at the end the 
     following: ``, and (C) the standards submitted by the State 
     under section 102(c)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to ballots described in section 
     102(c) of the Uniformed and Overseas Citizens Absentee Voting 
     Act (as added by subsection (a)) that are submitted with 
     respect to elections that occur after the date of enactment 
     of this Act.

     SEC. 573. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at 
     the end the following:
       ``Sec. 704. (a) For purposes of voting for any Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)) or a State or local 
     office, a person who is absent from a State in compliance 
     with military or naval orders shall not, solely by reason of 
     that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

     SEC. 574. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR 
                   ABSENT UNIFORMED SERVICES VOTERS TO STATE AND 
                   LOCAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 572(a), is further amended by inserting after 
     subsection (a) the following new subsection:
       ``(b) Elections for State and Local Offices.--Each State 
     shall--
       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and vote by absentee ballot 
     in general, special, primary, and runoff elections for State 
     and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the date of 
     the election.''.
       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking ``FOR FEDERAL OFFICE''.

     SEC. 575. USE OF SINGLE APPLICATION AS A SIMULTANEOUS 
                   ABSENTEE VOTER REGISTRATION APPLICATION AND 
                   ABSENTEE BALLOT APPLICATION.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as 
     redesignated by section 572(a)(1), is further amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) accept and process the official post card form 
     (prescribed under section 101) as a simultaneous absentee 
     voter registration application and absentee ballot 
     application; and''.

     SEC. 576. USE OF SINGLE APPLICATION FOR ABSENTEE BALLOTS FOR 
                   ALL FEDERAL ELECTIONS.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 575, is further amended by inserting after 
     paragraph (4) the following new paragraph (5):
       ``(5) accept and process, with respect to all general, 
     special, primary, and runoff elections for Federal office 
     occurring during a year, any otherwise valid absentee ballot 
     application from an absent uniformed services voter or 
     overseas voter if a single application for any such election 
     is received by the appropriate State election official not 
     less than 30 days before the first election for Federal 
     office occurring during the year.''.

     SEC. 577. ELECTRONIC VOTING DEMONSTRATION PROJECT.

       (a) In General.--The Secretary of Defense shall carry out a 
     demonstration project under which absent uniformed services 
     voters (as defined in section 107(1) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     6(1))) are permitted to cast ballots in the regularly 
     scheduled general election for Federal office for November 
     2002, through an electronic voting system.
       (b) Coordination With State Election Officials.--To the 
     greatest extent practicable, the Secretary of Defense shall 
     carry out the demonstration project under this section 
     through cooperative agreements with State election officials.
       (c) Report to Congress.--Not later than June 1, 2003, the 
     Secretary of Defense shall submit a report to Congress 
     analyzing the demonstration project conducted under this 
     section, and shall include in the report any recommendations 
     the Secretary of Defense considers appropriate for continuing 
     the project on an expanded basis during the next regularly 
     scheduled general election for Federal office.

     SEC. 578. FEDERAL VOTING ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Defense shall promulgate 
     regulations to require each of the Armed Forces to ensure 
     their compliance with any directives issued by the Secretary 
     of Defense in implementing the Federal Voting Assistance 
     Program (referred to in this section as the ``Program'') or 
     any similar program.
       (b) Review and Report.--(1) The Inspector General of each 
     of the Armed Forces shall--
       (A) conduct an annual review of the effectiveness of the 
     Program or any similar program;
       (B) conduct an annual review of the compliance with the 
     Program or any similar program of the branch; and
       (C) submit an annual report to the Inspector General of the 
     Department of Defense on the results of the reviews under 
     subparagraphs (A) and (B).
       (2) Not later than March 31, 2003, and annually thereafter, 
     the Inspector General of the Department of Defense shall 
     submit a report to Congress on--
       (A) the effectiveness of the Program or any similar 
     program; and
       (B) the level of compliance with the Program or any similar 
     program of the branches of the Armed Forces.

     SEC. 579. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND 
                   RESERVE COMPONENT FACILITIES AS POLLING PLACES.

       (a) Use of Military Installations Authorized.--Section 2670 
     of title 10, United States Code, is amended--
       (1) by striking ``Under'' and inserting ``(a) Use by Red 
     Cross.--Under'';
       (2) by striking ``this section'' and inserting ``this 
     subsection''; and
       (3) by adding at the end the following:
       ``(b) Use as Polling Places.--(1) Notwithstanding chapter 
     29 of title 18 (including sections 592 and 593 of such 
     title), the Secretary of a military department may make a 
     building located on a military installation under the 
     jurisdiction of the Secretary available for use by 
     individuals who reside on that military installation as a 
     polling place in any Federal, State, or local election for 
     public office where such use is consistent with State law.
       ``(2) Once a military installation is made available as the 
     site of a polling place with respect to a Federal, State, or 
     local election for public office under paragraph (1), the 
     Secretary shall continue to make the site available for 
     subsequent elections for public office unless the Secretary 
     provides to Congress advance notice in a reasonable and 
     timely manner of the reasons why the site will no longer be 
     made available as a polling place.
       ``(3) In this section, the term `military installation' has 
     the meaning given the term in section 2687(e) of this 
     title.''.
       (b) Conforming Amendments to title 18.--(1) Section 592 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``This section shall not prohibit the use of buildings 
     located on military installations as polling places in 
     Federal, State, and local elections for public office in 
     accordance with section 2670(b) of title 10.''.
       (2) Section 593 of such title is amended by adding at the 
     end the following:
       ``This section shall not prohibit the use of buildings 
     located on military installations as polling places in 
     Federal, State, and local elections for public office in 
     accordance with section 2670(b) of title 10.''.

[[Page S10073]]

       (d) Conforming Amendment to Voting Rights Law.--Section 
     2003 of the Revised Statutes (42 U.S.C. 1972) is amended by 
     adding at the end the following: ``Making a military 
     installation available as a polling place in a Federal, 
     State, or local election for public office in accordance with 
     section 2670(b) of title 10, United States Code, shall be 
     deemed to be consistent with this section.''.
       (e) Clerical amendments.--(1) The heading of section 2670 
     of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 2670. Buildings on military installations: use by 
       American National Red Cross and as polling places in 
       Federal, State, and local elections''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 159 of such title is 
     amended to read as follows:

``2670. Buildings on military installations: use by American National 
              Red Cross and as polling places in Federal, State, and 
              local elections.''.

     SEC. 580. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED 
                   UNIFORMED SERVICES VOTERS TO THE POLLS.

       (a) Absentee Registration.--For purposes of voting in any 
     primary, special, general, or runoff election for Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)), each State shall, with 
     respect to any uniformed services voter (as defined in 
     section 571(b)) requesting to vote in the State accept and 
     process, with respect to any primary, special, general, or 
     runoff election, any otherwise valid voter registration 
     application submitted by such voter.
       (b) Voting by Recently Separated Uniformed Services 
     Voters.--Each State shall permit each recently separated 
     uniformed services voter to vote in any election for which a 
     voter registration application has been accepted and 
     processed under subsection (a) if that voter--
       (1) has registered to vote under such subsection; and
       (2) is eligible to vote in that election under State law.
       (c) Definitions.--In this section:
       (1) The term ``State'' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.
       (2) The term ``recently separated uniformed services 
     voter'' means any individual who was a uniformed services 
     voter (as defined in section 571(b)) on the date that is 60 
     days before the date on which the individual seeks to vote 
     and who--
       (A) presents to the election official Department of Defense 
     form 214 evidencing their former status as such a voter, or 
     any other official proof of such status; and
       (B) is no longer such a voter; and
       (C) is otherwise qualified to vote.

     SEC. 580A. GOVERNORS' REPORTS ON IMPLEMENTATION OF FEDERAL 
                   VOTING ASSISTANCE PROGRAM RECOMMENDATIONS.

       (a) Reports.--Not later than 90 days after the date on 
     which a State receives a legislative recommendation, the 
     State shall submit a report on the status of the 
     implementation of that recommendation to the Presidential 
     designee and to each Member of Congress that represents that 
     State.
       (b) Period of Applicability.--This section applies with 
     respect to legislative recommendations received by States 
     during the period beginning on the date of enactment of this 
     Act and ending three years after such date.
       (c) Definitions.--In this section:
       (1) The term ``legislative recommendation'' means a 
     recommendation of the Presidential designee suggesting a 
     modification in the laws of a State for the purpose of 
     maximizing the access to the polls of absent uniformed 
     services voters and overseas voters, including each 
     recommendation made under section 104 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3).
       (2) The term ``Presidential designee'' means the head of 
     the executive department designated under section 101 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff).
                                  ____

  SA 1824. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 6 of the amendment, strike line 20 and 
     all that follows through the end of the amendment and insert 
     the following:

     SEC. 1403. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS 
                   TITLE.

       (a) Authority To Initially Waive Sections 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for a single period of 
     one year. A waiver under this subsection may be issued only 
     if the President at least 15 days in advance of exercising 
     such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court has entered 
     into a binding agreement that--
       (A) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) covered United States persons;
       (ii) covered allied persons; and
       (iii) individuals who were covered United States persons or 
     covered allied persons; and
       (B) ensures that no person described in subparagraph (A) 
     will be arrested, detained, prosecuted, or imprisoned by or 
     on behalf of the International Criminal Court.
       (b) Authority To Extend Waiver of Sections 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for successive periods 
     of one year each upon the expiration of a previous waiver 
     pursuant to subsection (a) or this subsection. A waiver under 
     this subsection may be issued only if the President at least 
     fifteen days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court--
       (A) remains party to, and has continued to abide by, a 
     binding agreement that--
       (i) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:

       (I) covered United States persons;
       (II) covered allied persons; and
       (III) individuals who were covered United States persons or 
     covered allied persons; and

       (ii) ensures that no person described in clause (i) will be 
     arrested, detained, prosecuted, or imprisoned by or on behalf 
     of the International Criminal Court; and
       (B) has taken no steps to arrest, detain, prosecute, or 
     imprison any person described in clause (i) of subparagraph 
     (A).
       (c) Authority To Waive Sections 1404 and 1406 With Respect 
     to an Investigation or Prosecution of a Named Individual.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1404 and 1406 to the degree such 
     prohibitions and requirements would prevent United States 
     cooperation with an investigation or prosecution of a named 
     individual by the International Criminal Court. A waiver 
     under this subsection may be issued only if the President at 
     least 15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that--
       (A) a waiver pursuant to subsection (a) or (b) of the 
     prohibitions and requirements of sections 1405 and 1407 is in 
     effect;
       (B) there is reason to believe that the named individual 
     committed the crime or crimes that are the subject of the 
     International Criminal Court's investigation or prosecution;
       (C) it is in the national interest of the United States for 
     the International Criminal Court's investigation or 
     prosecution of the named individual to proceed; and
       (D) in investigating events related to actions by the named 
     individual, none of the following persons will be 
     investigated, arrested, detained, prosecuted, or imprisoned 
     by or on behalf of the International Criminal Court with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) Covered United States persons.
       (ii) Covered allied persons.
       (iii) Individuals who were covered United States persons or 
     covered allied persons.
       (d) Termination of Waiver Pursuant to Subsection (c).--Any 
     waiver or waivers exercised pursuant to subsection (c) of the 
     prohibitions and requirements of sections 1404 and 1406 shall 
     terminate at any time that a waiver pursuant to subsection 
     (a) or (b) of the prohibitions and requirements of sections 
     1405 and 1407 expires and is not extended pursuant to 
     subsection (b).

     SEC. 1404. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal established by the United 
     Nations Security Council before or after the date of the 
     enactment of this Act to investigate and prosecute war crimes 
     committed in a specific country or during a specific 
     conflict; and
       (2) shall not prohibit--
       (A) any action permitted under section 1408; or
       (B) communication by the United States of its policy with 
     respect to a matter.
       (b) Prohibition on Responding to Requests for 
     Cooperation.--Notwithstanding section 1782 of title 28, 
     United States Code, or any other provision of law, no United 
     States Court, and no agency or entity of any State or local 
     government, including any court, may cooperate with the 
     International Criminal Court in response to a request for 
     cooperation submitted by the International Criminal Court 
     pursuant to the Rome Statute.
       (c) Prohibition on Transmittal of Letters Rogatory From the 
     International

[[Page S10074]]

     Criminal Court.--Notwithstanding section 1781 of title 28, 
     United States Code, or any other provision of law, no agency 
     of the United States Government may transmit for execution 
     any letter rogatory issued, or other request for cooperation 
     made, by the International Criminal Court to the tribunal, 
     officer, or agency in the United States to whom it is 
     addressed.
       (d) Prohibition on Provision of Support to the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no agency or entity of the United States 
     Government or of any State or local government, including any 
     court, may provide support to the International Criminal 
     Court.
       (e) Prohibition on Use of Appropriated Funds To Assist the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no funds appropriated under any provision 
     of law may be used for the purpose of assisting the 
     investigation, arrest, detention, extradition, or prosecution 
     of any United States citizen or permanent resident alien by 
     the International Criminal Court.
       (f) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition treaties, to which the 
     United States is a party, and in connection with the 
     execution or issuance of any letter rogatory, to prevent the 
     transfer to, or other use by, the International Criminal 
     Court of any assistance provided by the United States under 
     such treaties and letters rogatory.
       (g) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

     SEC. 1405. RESTRICTION ON UNITED STATES PARTICIPATION IN 
                   CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.

       (a) Policy.--Effective beginning on the date on which the 
     Rome Statute enters into force pursuant to Article 126 of the 
     Rome Statute, the President should use the voice and vote of 
     the United States in the United Nations Security Council to 
     ensure that each resolution of the Security Council 
     authorizing any peacekeeping operation under chapter VI of 
     the charter of the United Nations or peace enforcement 
     operation under chapter VII of the charter of the United 
     Nations permanently exempts, at a minimum, covered United 
     States persons participating in such operation from criminal 
     prosecution or other assertion of jurisdiction by the 
     International Criminal Court for actions undertaken by such 
     personnel in connection with the operation.
       (b) Restriction.--Covered United States persons may not 
     participate in any peacekeeping operation under chapter VI of 
     the charter of the United Nations or peace enforcement 
     operation under chapter VII of the charter of the United 
     Nations, the creation of which is authorized by the United 
     Nations Security Council on or after the date that the Rome 
     Statute enters into effect pursuant to Article 126 of the 
     Rome Statute, unless the President has submitted to the 
     appropriate congressional committees a certification 
     described in subsection (c) with respect to such operation.
       (c) Certification.--The certification referred to in 
     subsection (b) is a certification by the President that--
       (1) covered United States persons are able to participate 
     in the peacekeeping or peace enforcement operation without 
     risk of criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court because, in 
     authorizing the operation, the United Nations Security 
     Council permanently exempted, at a minimum, covered United 
     States persons participating in the operation from criminal 
     prosecution or other assertion of jurisdiction by the 
     International Criminal Court for actions undertaken by them 
     in connection with the operation;
       (2) covered United States persons are able to participate 
     in the peacekeeping or peace enforcement operation without 
     risk of criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court because each 
     country in which covered United States persons participating 
     in the operation will be present either is not a party to the 
     International Criminal Court and has not invoked the 
     jurisdiction of the International Criminal Court pursuant to 
     Article 12 of the Rome Statute, or has entered into an 
     agreement in accordance with Article 98 of the Rome Statute 
     preventing the International Criminal Court from proceeding 
     against covered United States persons present in that 
     country; or
       (3) the United States has taken other appropriate steps to 
     guarantee that covered United States persons participating in 
     the operation will not be prosecuted by the International 
     Criminal Court for actions undertaken by such personnel in 
     connection with the operation.

     SEC. 1406. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CLASSIFIED NATIONAL SECURITY INFORMATION AND 
                   LAW ENFORCEMENT INFORMATION TO THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) In General.--Not later than the date on which the Rome 
     Statute enters into force, the President shall ensure that 
     appropriate procedures are in place to prevent the transfer 
     of classified national security information and law 
     enforcement information to the International Criminal Court 
     for the purpose of facilitating an investigation, 
     apprehension, or prosecution.
       (b) Indirect Transfer.--The procedures adopted pursuant to 
     subsection (a) shall be designed to prevent the transfer to 
     the United Nations and to the government of any country that 
     is party to the International Criminal Court of classified 
     national security information and law enforcement information 
     that specifically relates to matters known to be under 
     investigation or prosecution by the International Criminal 
     Court, except to the degree that satisfactory assurances are 
     received from the United Nations or that government, as the 
     case may be, that such information will not be made available 
     to the International Criminal Court for the purpose of 
     facilitating an investigation, apprehension, or prosecution.
       (c) Construction.--The provisions of this section shall not 
     be construed to prohibit any action permitted under section 
     1408.

     SEC. 1407. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.

       (a) Prohibition of Military Assistance.--Subject to 
     subsections (b) and (c), and effective one year after the 
     date on which the Rome Statute enters into force pursuant to 
     Article 126 of the Rome Statute, no United States military 
     assistance may be provided to the government of a country 
     that is a party to the International Criminal Court.
       (b) National Interest Waiver.--The President may, without 
     prior notice to Congress, waive the prohibition of subsection 
     (a) with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that it 
     is important to the national interest of the United States to 
     waive such prohibition.
       (c) Article 98 Waiver.--The President may, without prior 
     notice to Congress, waive the prohibition of subsection (a) 
     with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that such 
     country has entered into an agreement with the United States 
     pursuant to Article 98 of the Rome Statute preventing the 
     International Criminal court from proceeding against United 
     States personnel present in such country.
       (d) Exemption.--The prohibition of subsection (a) shall not 
     apply to the government of--
       (1) a NATO member country;
       (2) a major non-NATO ally (including Australia, Egypt, 
     Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
     New Zealand); or
       (3) Taiwan.

     SEC. 1408. AUTHORITY TO FREE MEMBERS OF THE COVERED UNITED 
                   STATES PERSONS AND CERTAIN OTHER PERSONS 
                   DETAINED OR IMPRISONED BY OR ON BEHALF OF THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) Authority.--The President is authorized to use all 
     means necessary and appropriate to bring about the release of 
     any person described in subsection (b) who is being detained 
     or imprisoned by, on behalf of, or at the request of the 
     International Criminal Court.
       (b) Persons Authorized To Be Freed.--The authority of 
     subsection (a) shall extend to the following persons:
       (1) Covered United States persons.
       (2) Covered allied persons.
       (3) Individuals detained or imprisoned for official actions 
     taken while the individual was a covered United States person 
     or a covered allied person, and in the case of a covered 
     allied person, upon the request of such government.
       (c) Authorization of Legal Assistance.--When any person 
     described in subsection (b) is arrested, detained, 
     investigated, prosecuted, or imprisoned by, on behalf of, or 
     at the request of the International Criminal Court, the 
     President is authorized to direct any agency of the United 
     States Government to provide--
       (1) legal representation and other legal assistance to that 
     person (including, in the case of a person entitled to 
     assistance under section 1037 of title 10, United States 
     Code, representation and other assistance in the manner 
     provided in that section);
       (2) exculpatory evidence on behalf of that person; and
       (3) defense of the interests of the United States through 
     appearance before the International Criminal Court pursuant 
     to Article 18 or 19 of the Rome Statute, or before the courts 
     or tribunals of any country.
       (d) Bribes and Other Inducements Not Authorized.--This 
     section does not authorize the payment of bribes or the 
     provision of other such incentives to induce the release of a 
     person described in subsection (b).

     SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS.

       (a) Report on Alliance Command Arrangements.--Not later 
     than 6 months after the date of the enactment of this Act, 
     the President should transmit to the appropriate 
     congressional committees a report with respect to each 
     military alliance to which the United States is party--
       (1) describing the degree to which members of the Armed 
     Forces of the United States may, in the context of military 
     operations undertaken by or pursuant to that alliance, be 
     placed under the command or operational control of foreign 
     military officers subject to the jurisdiction of the 
     International Criminal Court because they are nationals of a

[[Page S10075]]

     party to the International Criminal Court; and
       (2) evaluating the degree to which members of the Armed 
     Forces of the United States engaged in military operations 
     undertaken by or pursuant to that alliance may be exposed to 
     greater risks as a result of being placed under the command 
     or operational control of foreign military officers subject 
     to the jurisdiction of the International Criminal Court.
       (b) Description of Measures To Achieve Enhanced Protection 
     for Members of the Armed Forces of the United States.--Not 
     later than one year after the date of the enactment of this 
     Act, the President should transmit to the appropriate 
     congressional committees a description of modifications to 
     command and operational control arrangements within military 
     alliances to which the United States is a party that could be 
     made in order to reduce any risks to members of the Armed 
     Forces of the United States identified pursuant to subsection 
     (a)(2).
       (c) Submission in Classified Form.--The report under 
     subsection (a), and the description of measures under 
     subsection (b), or appropriate parts thereof, may be 
     submitted in classified form.

     SEC. 1410. WITHHOLDINGS.

       Funds withheld from the United States share of assessments 
     to the United Nations or any other international organization 
     during any fiscal year pursuant to section 705 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001 (as enacted by 
     section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
     460), are authorized to be transferred to the Embassy 
     Security, Construction and Maintenance Account of the 
     Department of State.

     SEC. 1411. APPLICATION OF SECTIONS 1404 AND 1406 TO EXERCISE 
                   OF CONSTITUTIONAL AUTHORITIES.

       (a) In General.--Sections 1404 and 1406 shall not apply to 
     any action or actions with respect to a specific matter taken 
     or directed by the President in the exercise of the 
     President's authority as Commander in Chief of the Armed 
     Forces of the United States under article II, section 2 of 
     the United States Constitution or in the exercise of the 
     executive power under article II, section 1 of the United 
     States Constitution.
       (b) Notification to Congress.--
       (1) In general.--Subject to paragraph (2), not later than 
     15 days after the President takes or directs an action or 
     actions described in subsection (a) that would otherwise be 
     prohibited under section 1404 or 1406, the President shall 
     submit a notification of such action to the appropriate 
     congressional committees. A notification under this paragraph 
     shall include a description of the action, a determination 
     that the action is in the national interest of the United 
     States, and a justification for the action.
       (2) Exception.--If the President determines that a full 
     notification under paragraph (1) could jeopardize the 
     national security of the United States or compromise a United 
     States law enforcement activity, not later than 15 days after 
     the President takes or directs an action or actions referred 
     to in paragraph (1) the President shall notify the 
     appropriate congressional committees that an action has been 
     taken and a determination has been made pursuant to this 
     paragraph. The President shall provide a full notification 
     under paragraph (1) not later than 15 days after the reasons 
     for the determination under this paragraph no longer apply.
       (c) Construction.--Nothing in this section shall be 
     construed as a grant of statutory authority to the President 
     to take any action.

     SEC. 1412. PROHIBITION ON EXTRADITION TO THE INTERNATIONAL 
                   CRIMINAL COURT.

       Notwithstanding any other provision of law, no agency or 
     entity of the United States Government or of any State or 
     local government may extradite any covered United States 
     person to the International Criminal Court, nor support the 
     transfer of any covered United States person to the 
     International Criminal Court.

     SEC. 1413. NONDELEGATION.

       The authorities vested in the President by sections 1403 
     and 1411(a) may not be delegated by the President pursuant to 
     section 301 of title 3, United States Code, or any other 
     provision of law. The authority vested in the President by 
     section 1405(c)(3) may not be delegated by the President 
     pursuant to section 301 of title 3, United States Code, or 
     any other provision of law to any official other than the 
     Secretary of Defense, and if so delegated may not be 
     subdelegated.

     SEC. 1414. SENSE OF CONGRESS.

       It is the sense of Congress that the President should take 
     all appropriate steps to remove United States support for the 
     Rome Statute.

     SEC. 1415. DEFINITIONS.

       As used in this title and in section 706 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Classified national security information.--The term 
     ``classified national security information'' means 
     information that is classified or classifiable under 
     Executive Order 12958 or a successor Executive order.
       (3) Covered allied persons.--The term ``covered allied 
     persons'' means military personnel, elected or appointed 
     officials, and other persons employed by or working on behalf 
     of the government of a NATO member country, a major non-NATO 
     ally (including Australia, Egypt, Israel, Japan, Jordan, 
     Argentina, the Republic of Korea, and New Zealand), or 
     Taiwan, for so long as that government is not a party to the 
     International Criminal Court and wishes its officials and 
     other persons working on its behalf to be exempted from the 
     jurisdiction of the International Criminal Court.
       (4) Covered united states persons.--The term ``covered 
     United States persons'' means members of the Armed Forces of 
     the United States, elected or appointed officials of the 
     United States Government, other persons employed by or 
     working on behalf of the United States Government, and other 
     persons employed by or working on behalf of the United States 
     Government, for so long as the United States is not a party 
     to the International Criminal Court.
       (5) Extradition.--The terms ``extradition'' and 
     ``extradite'' mean the extradition of a person in accordance 
     with the provisions of chapter 209 of title 18, United States 
     Code, (including section 3181(b) of such title) and such 
     terms include both extradition and surrender as those terms 
     are defined in Article 102 of the Rome Statute.
       (6) International criminal court.--The term ``International 
     Criminal Court'' means the court established by the Rome 
     Statute.
       (7) Major non-nato ally.--The term ``major non-NATO ally'' 
     means a country that has been so designated in accordance 
     with section 517 of the Foreign Assistance Act of 1961.
       (8) Participate in any peacekeeping operation under chapter 
     vi of the charter of the united nations or peace enforcement 
     operation under chapter vii of the charter of the united 
     nations.--The term ``participate in any peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations'' means to assign members 
     of the Armed Forces of the United States to a United Nations 
     military command structure as part of a peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations in which those members of 
     the Armed Forces of the United States are subject to the 
     command or operational control of one or more foreign 
     military officers not appointed in conformity with article 
     II, section 2, clause 2 of the Constitution of the United 
     States.
       (9) Party to the international criminal court.--The term 
     ``party to the International Criminal Court'' means a 
     government that has deposited an instrument of ratification, 
     acceptance, approval, or accession to the Rome Statute, and 
     has not withdrawn from the Rome Statute pursuant to Article 
     127 thereof.
       (10) Peacekeeping operation under chapter vi of the charter 
     of the united nations or peace enforcement operation under 
     chapter vii of the charter of the united nations.--The term 
     ``peacekeeping operation under chapter VI of the charter of 
     the United Nations or peace enforcement operation under 
     chapter VII of the charter of the United Nations'' means any 
     military operation to maintain or restore international peace 
     and security that--
       (A) is authorized by the United Nations Security Council 
     under chapter VI or VII of the charter of the United Nations; 
     and
       (B) is paid for from assessed contributions of United 
     Nations members that are made available for peacekeeping or 
     peace enforcement activities.
       (11) Rome statute.--The term ``Rome Statute'' means the 
     Rome Statute of the International Criminal Court, adopted by 
     the United Nations Diplomatic Conference of Plenipotentiaries 
     on the Establishment of an International Criminal Court on 
     July 17, 1998.
       (12) Support.--The term ``support'' means assistance of any 
     kind, including financial support, transfer of property or 
     other material support, services, intelligence sharing, law 
     enforcement cooperation, the training or detail of personnel, 
     and the arrest or detention of individuals.
       (13) United states military assistance.--The term ``United 
     States military assistance'' means--
       (A) assistance provided under chapter 2 or 5 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); 
     or
       (B) defense articles or defense services furnished with the 
     financial assistance of the United States Government, 
     including through loans and guarantees, under section 23 of 
     the Arms Export Control Act (22 U.S.C. 2763).
                                  ____

  SA 1825. Mr. CORZINE submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:


[[Page S10076]]


       Strike all after the first word and insert in lieu thereof 
     the following:

     1066. CLOSURE OF VIEQUES NAVAL TRAINING RANGE.

       (a) Section 1505 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 is amended by adding 
     at the end the following new subsection:
       ``(e) National Emergency.--
       ``(1) Extension of Deadline.--The President may extend the 
     May 1, 2003 deadline for the termination of operations on the 
     island of Vieques established in Subsection (b)(1) for a 
     period of one year (and may renew such extension on an annual 
     basis), provided that--
       ``(A) The President had declared a national emergency, and 
     such declaration remains in effect; and
       ``(B) The President determines that, in light of such 
     national emergency, the actions required by subsections (b), 
     (c) and (d) would be inconsistent with the national security 
     interest of the United States.
       ``(2) Effect of Extension.--An extension of the deadline 
     pursuant to paragraph (1) shall suspend the requirements of 
     subsections (b), (c) and (d) for the duration of the 
     extension.''
       (b) Subsection (a) of Section 1505 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 is 
     repealed and subsections (b) through (e) are redesignated as 
     subsections (a) through (d) respectively.
       (c) Section 1503 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 is repealed.''
                                  ____

  SA 1826. Mr. CRAIG (for himself, Mr. Lott, Mr. Allen, Mr. Smith of 
New Hampshire, Mr. Nickles, Mr. Crapo, and Mr. Kyl) submitted an 
amendment intended to be proposed by him to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 6 of the amendment, strike line 20 and 
     all that follows through the end of the amendment and insert 
     the following:

     SEC. 1403. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS 
                   TITLE.

       (a) Authority To Initially Waive Sections 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for a single period of 
     one year. A waiver under this subsection may be issued only 
     if the President at least 15 days in advance of exercising 
     such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court has entered 
     into a binding agreement that--
       (A) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in any capacity:
       (i) covered United States persons;
       (ii) covered allied persons; and
       (iii) individuals who were covered United States persons or 
     covered allied persons; and
       (B) ensures that no person described in subparagraph (A) 
     will be arrested, detained, prosecuted, or imprisoned by or 
     on behalf of the International Criminal Court.
       (b) Authority To Extend Waiver of Sections 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for successive periods 
     of one year each upon the expiration of a previous waiver 
     pursuant to subsection (a) or this subsection. A waiver under 
     this subsection may be issued only if the President at least 
     fifteen days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court--
       (A) remains party to, and has continued to abide by, a 
     binding agreement that--
       (i) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in any capacity:

       (I) covered United States persons;
       (II) covered allied persons; and
       (III) individuals who were covered United States persons or 
     covered allied persons; and

       (ii) ensures that no person described in clause (i) will be 
     arrested, detained, prosecuted, or imprisoned by or on behalf 
     of the International Criminal Court; and
       (B) has taken no steps to arrest, detain, prosecute, or 
     imprison any person described in clause (i) of subparagraph 
     (A).
       (c) Authority To Waive Sections 1404 and 1406 With Respect 
     to an Investigation or Prosecution of a Named Individual.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1404 and 1406 to the degree such 
     prohibitions and requirements would prevent United States 
     cooperation with an investigation or prosecution of a named 
     individual by the International Criminal Court. A waiver 
     under this subsection may be issued only if the President at 
     least 15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that--
       (A) a waiver pursuant to subsection (a) or (b) of the 
     prohibitions and requirements of sections 1405 and 1407 is in 
     effect;
       (B) there is reason to believe that the named individual 
     committed the crime or crimes that are the subject of the 
     International Criminal Court's investigation or prosecution;
       (C) it is in the national interest of the United States for 
     the International Criminal Court's investigation or 
     prosecution of the named individual to proceed; and
       (D) in investigating events related to actions by the named 
     individual, none of the following persons will be 
     investigated, arrested, detained, prosecuted, or imprisoned 
     by or on behalf of the International Criminal Court with 
     respect to actions undertaken by them in any capacity:
       (i) Covered United States persons.
       (ii) Covered allied persons.
       (iii) Individuals who were covered United States persons or 
     covered allied persons.
       (d) Termination of Waiver Pursuant to Subsection (c).--Any 
     waiver or waivers exercised pursuant to subsection (c) of the 
     prohibitions and requirements of sections 1404 and 1406 shall 
     terminate at any time that a waiver pursuant to subsection 
     (a) or (b) of the prohibitions and requirements of sections 
     1405 and 1407 expires and is not extended pursuant to 
     subsection (b).

     SEC. 1404. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal established by the United 
     Nations Security Council before or after the date of the 
     enactment of this Act to investigate and prosecute war crimes 
     committed in a specific country or during a specific 
     conflict; and
       (2) shall not prohibit--
       (A) any action permitted under section 1408; or
       (B) communication by the United States of its policy with 
     respect to a matter.
       (b) Prohibition on Responding to Requests for 
     Cooperation.--Notwithstanding section 1782 of title 28, 
     United States Code, or any other provision of law, no United 
     States Court, and no agency or entity of any State or local 
     government, including any court, may cooperate with the 
     International Criminal Court in response to a request for 
     cooperation submitted by the International Criminal Court 
     pursuant to the Rome Statute.
       (c) Prohibition on Transmittal of Letters Rogatory From the 
     International Criminal Court.--Notwithstanding section 1781 
     of title 28, United States Code, or any other provision of 
     law, no agency of the United States Government may transmit 
     for execution any letter rogatory issued, or other request 
     for cooperation made, by the International Criminal Court to 
     the tribunal, officer, or agency in the United States to whom 
     it is addressed.
       (d) Prohibition on Provision of Support to the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no agency or entity of the United States 
     Government or of any State or local government, including any 
     court, may provide support to the International Criminal 
     Court.
       (e) Prohibition on Use of Appropriated Funds To Assist the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no funds appropriated under any provision 
     of law may be used for the purpose of assisting the 
     investigation, arrest, detention, extradition, or prosecution 
     of any United States citizen or permanent resident alien by 
     the International Criminal Court.
       (f) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition treaties, to which the 
     United States is a party, and in connection with the 
     execution or issuance of any letter rogatory, to prevent the 
     transfer to, or other use by, the International Criminal 
     Court of any assistance provided by the United States under 
     such treaties and letters rogatory.
       (g) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

     SEC. 1405. RESTRICTION ON UNITED STATES PARTICIPATION IN 
                   CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.

       (a) Policy.--Effective beginning on the date on which the 
     Rome Statute enters into force pursuant to Article 126 of the 
     Rome Statute, the President should use the voice and vote of 
     the United States in the United Nations Security Council to 
     ensure that each resolution of the Security Council 
     authorizing any peacekeeping operation under chapter VI of 
     the charter of the United Nations or peace enforcement 
     operation under chapter VII of the charter of the United 
     Nations permanently exempts, at a minimum,

[[Page S10077]]

     covered United States persons participating in such operation 
     from criminal prosecution or other assertion of jurisdiction 
     by the International Criminal Court for actions undertaken by 
     such personnel in connection with the operation.
       (b) Restriction.--Covered United States persons may not 
     participate in any peacekeeping operation under chapter VI of 
     the charter of the United Nations or peace enforcement 
     operation under chapter VII of the charter of the United 
     Nations, the creation of which is authorized by the United 
     Nations Security Council on or after the date that the Rome 
     Statute enters into effect pursuant to Article 126 of the 
     Rome Statute, unless the President has submitted to the 
     appropriate congressional committees a certification 
     described in subsection (c) with respect to such operation.
       (c) Certification.--The certification referred to in 
     subsection (b) is a certification by the President that--
       (1) covered United States persons are able to participate 
     in the peacekeeping or peace enforcement operation without 
     risk of criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court because, in 
     authorizing the operation, the United Nations Security 
     Council permanently exempted, at a minimum, covered United 
     States persons participating in the operation from criminal 
     prosecution or other assertion of jurisdiction by the 
     International Criminal Court for actions undertaken by them 
     in connection with the operation;
       (2) covered United States persons are able to participate 
     in the peacekeeping or peace enforcement operation without 
     risk of criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court because each 
     country in which covered United States persons participating 
     in the operation will be present either is not a party to the 
     International Criminal Court and has not invoked the 
     jurisdiction of the International Criminal Court pursuant to 
     Article 12 of the Rome Statute, or has entered into an 
     agreement in accordance with Article 98 of the Rome Statute 
     preventing the International Criminal Court from proceeding 
     against covered United States persons present in that 
     country; or
       (3) the United States has taken other appropriate steps to 
     guarantee that covered United States persons participating in 
     the operation will not be prosecuted by the International 
     Criminal Court for actions undertaken by such personnel in 
     connection with the operation.

     SEC. 1406. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CLASSIFIED NATIONAL SECURITY INFORMATION AND 
                   LAW ENFORCEMENT INFORMATION TO THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) In General.--Not later than the date on which the Rome 
     Statute enters into force, the President shall ensure that 
     appropriate procedures are in place to prevent the transfer 
     of classified national security information and law 
     enforcement information to the International Criminal Court 
     for the purpose of facilitating an investigation, 
     apprehension, or prosecution.
       (b) Indirect Transfer.--The procedures adopted pursuant to 
     subsection (a) shall be designed to prevent the transfer to 
     the United Nations and to the government of any country that 
     is party to the International Criminal Court of classified 
     national security information and law enforcement information 
     that specifically relates to matters known to be under 
     investigation or prosecution by the International Criminal 
     Court, except to the degree that satisfactory assurances are 
     received from the United Nations or that government, as the 
     case may be, that such information will not be made available 
     to the International Criminal Court for the purpose of 
     facilitating an investigation, apprehension, or prosecution.
       (c) Construction.--The provisions of this section shall not 
     be construed to prohibit any action permitted under section 
     1408.

     SEC. 1407. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.

       (a) Prohibition of Military Assistance.--Subject to 
     subsections (b) and (c), and effective one year after the 
     date on which the Rome Statute enters into force pursuant to 
     Article 126 of the Rome Statute, no United States military 
     assistance may be provided to the government of a country 
     that is a party to the International Criminal Court.
       (b) National Interest Waiver.--The President may, without 
     prior notice to Congress, waive the prohibition of subsection 
     (a) with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that it 
     is important to the national interest of the United States to 
     waive such prohibition.
       (c) Article 98 Waiver.--The President may, without prior 
     notice to Congress, waive the prohibition of subsection (a) 
     with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that such 
     country has entered into an agreement with the United States 
     pursuant to Article 98 of the Rome Statute preventing the 
     International Criminal court from proceeding against United 
     States personnel present in such country.
       (d) Exemption.--The prohibition of subsection (a) shall not 
     apply to the government of--
       (1) a NATO member country;
       (2) a major non-NATO ally (including Australia, Egypt, 
     Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
     New Zealand); or
       (3) Taiwan.

     SEC. 1408. AUTHORITY TO FREE MEMBERS OF THE COVERED UNITED 
                   STATES PERSONS AND CERTAIN OTHER PERSONS 
                   DETAINED OR IMPRISONED BY OR ON BEHALF OF THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) Authority.--The President is authorized to use all 
     means necessary and appropriate to bring about the release of 
     any person described in subsection (b) who is being detained 
     or imprisoned by, on behalf of, or at the request of the 
     International Criminal Court.
       (b) Persons Authorized To Be Freed.--The authority of 
     subsection (a) shall extend to the following persons:
       (1) Covered United States persons.
       (2) Covered allied persons.
       (3) Individuals detained or imprisoned for official actions 
     taken while the individual was a covered United States person 
     or a covered allied person, and in the case of a covered 
     allied person, upon the request of such government.
       (c) Authorization of Legal Assistance.--When any person 
     described in subsection (b) is arrested, detained, 
     investigated, prosecuted, or imprisoned by, on behalf of, or 
     at the request of the International Criminal Court, the 
     President is authorized to direct any agency of the United 
     States Government to provide--
       (1) legal representation and other legal assistance to that 
     person (including, in the case of a person entitled to 
     assistance under section 1037 of title 10, United States 
     Code, representation and other assistance in the manner 
     provided in that section);
       (2) exculpatory evidence on behalf of that person; and
       (3) defense of the interests of the United States through 
     appearance before the International Criminal Court pursuant 
     to Article 18 or 19 of the Rome Statute, or before the courts 
     or tribunals of any country.
       (d) Bribes and Other Inducements Not Authorized.--This 
     section does not authorize the payment of bribes or the 
     provision of other such incentives to induce the release of a 
     person described in subsection (b).

     SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS.

       (a) Report on Alliance Command Arrangements.--Not later 
     than 6 months after the date of the enactment of this Act, 
     the President should transmit to the appropriate 
     congressional committees a report with respect to each 
     military alliance to which the United States is party--
       (1) describing the degree to which members of the Armed 
     Forces of the United States may, in the context of military 
     operations undertaken by or pursuant to that alliance, be 
     placed under the command or operational control of foreign 
     military officers subject to the jurisdiction of the 
     International Criminal Court because they are nationals of a 
     party to the International Criminal Court; and
       (2) evaluating the degree to which members of the Armed 
     Forces of the United States engaged in military operations 
     undertaken by or pursuant to that alliance may be exposed to 
     greater risks as a result of being placed under the command 
     or operational control of foreign military officers subject 
     to the jurisdiction of the International Criminal Court.
       (b) Description of Measures To Achieve Enhanced Protection 
     for Members of the Armed Forces of the United States.--Not 
     later than one year after the date of the enactment of this 
     Act, the President should transmit to the appropriate 
     congressional committees a description of modifications to 
     command and operational control arrangements within military 
     alliances to which the United States is a party that could be 
     made in order to reduce any risks to members of the Armed 
     Forces of the United States identified pursuant to subsection 
     (a)(2).
       (c) Submission in Classified Form.--The report under 
     subsection (a), and the description of measures under 
     subsection (b), or appropriate parts thereof, may be 
     submitted in classified form.

     SEC. 1410. WITHHOLDINGS.

       Funds withheld from the United States share of assessments 
     to the United Nations or any other international organization 
     during any fiscal year pursuant to section 705 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001 (as enacted by 
     section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
     460), are authorized to be transferred to the Embassy 
     Security, Construction and Maintenance Account of the 
     Department of State.

     SEC. 1411. APPLICATION OF SECTIONS 1404 AND 1406 TO EXERCISE 
                   OF CONSTITUTIONAL AUTHORITIES.

       (a) In General.--Sections 1404 and 1406 shall not apply to 
     any action or actions with respect to a specific matter taken 
     or directed by the President in the exercise of the 
     President's authority as Commander in Chief of the Armed 
     Forces of the United States under article II, section 2 of 
     the United States Constitution or in the exercise of the 
     executive power under article II, section 1 of the United 
     States Constitution.
       (b) Notification to Congress.--
       (1) In general.--Subject to paragraph (2), not later than 
     15 days after the President takes or directs an action or 
     actions described in subsection (a) that would otherwise be 
     prohibited under section 1404 or 1406, the President shall 
     submit a notification of such action to the appropriate 
     congressional

[[Page S10078]]

     committees. A notification under this paragraph shall include 
     a description of the action, a determination that the action 
     is in the national interest of the United States, and a 
     justification for the action.
       (2) Exception.--If the President determines that a full 
     notification under paragraph (1) could jeopardize the 
     national security of the United States or compromise a United 
     States law enforcement activity, not later than 15 days after 
     the President takes or directs an action or actions referred 
     to in paragraph (1) the President shall notify the 
     appropriate congressional committees that an action has been 
     taken and a determination has been made pursuant to this 
     paragraph. The President shall provide a full notification 
     under paragraph (1) not later than 15 days after the reasons 
     for the determination under this paragraph no longer apply.
       (c) Construction.--Nothing in this section shall be 
     construed as a grant of statutory authority to the President 
     to take any action.

     SEC. 1412. PROHIBITION ON EXTRADITION TO THE INTERNATIONAL 
                   CRIMINAL COURT.

       Notwithstanding any other provision of law, no agency or 
     entity of the United States Government or of any State or 
     local government may extradite any covered United States 
     person to the International Criminal Court, nor support the 
     transfer of any covered United States person to the 
     International Criminal Court.

     SEC. 1413. NONDELEGATION.

       The authorities vested in the President by sections 1403 
     and 1411(a) may not be delegated by the President pursuant to 
     section 301 of title 3, United States Code, or any other 
     provision of law. The authority vested in the President by 
     section 1405(c)(3) may not be delegated by the President 
     pursuant to section 301 of title 3, United States Code, or 
     any other provision of law to any official other than the 
     Secretary of Defense, and if so delegated may not be 
     subdelegated.

     SEC. 1414. SENSE OF CONGRESS.

       It is the sense of Congress that the President should 
     rescind the signature made on behalf of the United States to 
     the Rome Statute.

     SEC. 1415. DEFINITIONS.

       As used in this title and in section 706 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Classified national security information.--The term 
     ``classified national security information'' means 
     information that is classified or classifiable under 
     Executive Order 12958 or a successor Executive order.
       (3) Covered allied persons.--The term ``covered allied 
     persons'' means military personnel, elected or appointed 
     officials, and other persons employed by or working on behalf 
     of the government of a NATO member country, a major non-NATO 
     ally (including Australia, Egypt, Israel, Japan, Jordan, 
     Argentina, the Republic of Korea, and New Zealand), or 
     Taiwan, for so long as that government is not a party to the 
     International Criminal Court and wishes its officials and 
     other persons working on its behalf to be exempted from the 
     jurisdiction of the International Criminal Court.
       (4) Covered united states persons.--The term ``covered 
     United States persons'' means members of the Armed Forces of 
     the United States, elected or appointed officials of the 
     United States Government, other persons employed by or 
     working on behalf of the United States Government, and other 
     United States citizens for so long as the United States is 
     not a party to the International Criminal Court.
       (5) Extradition.--The terms ``extradition'' and 
     ``extradite'' mean the extradition of a person in accordance 
     with the provisions of chapter 209 of title 18, United States 
     Code, (including section 3181(b) of such title) and such 
     terms include both extradition and surrender as those terms 
     are defined in Article 102 of the Rome Statute.
       (6) International criminal court.--The term ``International 
     Criminal Court'' means the court established by the Rome 
     Statute.
       (7) Major non-nato ally.--The term ``major non-NATO ally'' 
     means a country that has been so designated in accordance 
     with section 517 of the Foreign Assistance Act of 1961.
       (8) Participate in any peacekeeping operation under chapter 
     vi of the charter of the united nations or peace enforcement 
     operation under chapter vii of the charter of the united 
     nations.--The term ``participate in any peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations'' means to assign members 
     of the Armed Forces of the United States to a United Nations 
     military command structure as part of a peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations in which those members of 
     the Armed Forces of the United States are subject to the 
     command or operational control of one or more foreign 
     military officers not appointed in conformity with article 
     II, section 2, clause 2 of the Constitution of the United 
     States.
       (9) Party to the international criminal court.--The term 
     ``party to the International Criminal Court'' means a 
     government that has deposited an instrument of ratification, 
     acceptance, approval, or accession to the Rome Statute, and 
     has not withdrawn from the Rome Statute pursuant to Article 
     127 thereof.
       (10) Peacekeeping operation under chapter vi of the charter 
     of the united nations or peace enforcement operation under 
     chapter vii of the charter of the united nations.--The term 
     ``peacekeeping operation under chapter VI of the charter of 
     the United Nations or peace enforcement operation under 
     chapter VII of the charter of the United Nations'' means any 
     military operation to maintain or restore international peace 
     and security that--
       (A) is authorized by the United Nations Security Council 
     under chapter VI or VII of the charter of the United Nations; 
     and
       (B) is paid for from assessed contributions of United 
     Nations members that are made available for peacekeeping or 
     peace enforcement activities.
       (11) Rome statute.--The term ``Rome Statute'' means the 
     Rome Statute of the International Criminal Court, adopted by 
     the United Nations Diplomatic Conference of Plenipotentiaries 
     on the Establishment of an International Criminal Court on 
     July 17, 1998.
       (12) Support.--The term ``support'' means assistance of any 
     kind, including financial support, transfer of property or 
     other material support, services, intelligence sharing, law 
     enforcement cooperation, the training or detail of personnel, 
     and the arrest or detention of individuals.
       (13) United states military assistance.--The term ``United 
     States military assistance'' means--
       (A) assistance provided under chapter 2 or 5 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); 
     or
       (B) defense articles or defense services furnished with the 
     financial assistance of the United States Government, 
     including through loans and guarantees, under section 23 of 
     the Arms Export Control Act (22 U.S.C. 2763).
                                  ____

  SA 1827. Mr. CRAIG (for himself, Mr. Lott, Mr. Allen, Mr. Smith of 
New Hampshire, Mr. Nickles, Mr. Crapo, and Mr. Kyl) submitted an 
amendment intended to be proposed by him to the bill (S. 1438) to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 6 of the amendment, strike line 20 and 
     all that follows through the end of the amendment and insert 
     the following:

     SEC. 1403. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS 
                   TITLE.

       (a) Authority To Initially Waive Sections 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for a single period of 
     one year. A waiver under this subsection may be issued only 
     if the President at least 15 days in advance of exercising 
     such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court has entered 
     into a binding agreement that--
       (A) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in any capacity:
       (i) covered United States persons;
       (ii) covered allied persons; and
       (iii) individuals who were covered United States persons or 
     covered allied persons; and
       (B) ensures that no person described in subparagraph (A) 
     will be arrested, detained, prosecuted, or imprisoned by or 
     on behalf of the International Criminal Court.
       (b) Authority To Extend Waiver of Sections 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for successive periods 
     of one year each upon the expiration of a previous waiver 
     pursuant to subsection (a) or this subsection. A waiver under 
     this subsection may be issued only if the President at least 
     fifteen days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court--
       (A) remains party to, and has continued to abide by, a 
     binding agreement that--
       (i) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in any capacity:

       (I) covered United States persons;
       (II) covered allied persons; and
       (III) individuals who were covered United States persons or 
     covered allied persons; and

[[Page S10079]]

       (ii) ensures that no person described in clause (i) will be 
     arrested, detained, prosecuted, or imprisoned by or on behalf 
     of the International Criminal Court; and
       (B) has taken no steps to arrest, detain, prosecute, or 
     imprison any person described in clause (i) of subparagraph 
     (A).
       (c) Authority To Waive Sections 1404 and 1406 With Respect 
     to an Investigation or Prosecution of a Named Individual.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1404 and 1406 to the degree such 
     prohibitions and requirements would prevent United States 
     cooperation with an investigation or prosecution of a named 
     individual by the International Criminal Court. A waiver 
     under this subsection may be issued only if the President at 
     least 15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that--
       (A) a waiver pursuant to subsection (a) or (b) of the 
     prohibitions and requirements of sections 1405 and 1407 is in 
     effect;
       (B) there is reason to believe that the named individual 
     committed the crime or crimes that are the subject of the 
     International Criminal Court's investigation or prosecution;
       (C) it is in the national interest of the United States for 
     the International Criminal Court's investigation or 
     prosecution of the named individual to proceed; and
       (D) in investigating events related to actions by the named 
     individual, none of the following persons will be 
     investigated, arrested, detained, prosecuted, or imprisoned 
     by or on behalf of the International Criminal Court with 
     respect to actions undertaken by them in any capacity:
       (i) Covered United States persons.
       (ii) Covered allied persons.
       (iii) Individuals who were covered United States persons or 
     covered allied persons.
       (d) Termination of Waiver Pursuant to Subsection (c).--Any 
     waiver or waivers exercised pursuant to subsection (c) of the 
     prohibitions and requirements of sections 1404 and 1406 shall 
     terminate at any time that a waiver pursuant to subsection 
     (a) or (b) of the prohibitions and requirements of sections 
     1405 and 1407 expires and is not extended pursuant to 
     subsection (b).

     SEC. 1404. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal established by the United 
     Nations Security Council before or after the date of the 
     enactment of this Act to investigate and prosecute war crimes 
     committed in a specific country or during a specific 
     conflict; and
       (2) shall not prohibit--
       (A) any action permitted under section 1408; or
       (B) communication by the United States of its policy with 
     respect to a matter.
       (b) Prohibition on Responding to Requests for 
     Cooperation.--Notwithstanding section 1782 of title 28, 
     United States Code, or any other provision of law, no United 
     States Court, and no agency or entity of any State or local 
     government, including any court, may cooperate with the 
     International Criminal Court in response to a request for 
     cooperation submitted by the International Criminal Court 
     pursuant to the Rome Statute.
       (c) Prohibition on Transmittal of Letters Rogatory From the 
     International Criminal Court.--Notwithstanding section 1781 
     of title 28, United States Code, or any other provision of 
     law, no agency of the United States Government may transmit 
     for execution any letter rogatory issued, or other request 
     for cooperation made, by the International Criminal Court to 
     the tribunal, officer, or agency in the United States to whom 
     it is addressed.
       (d) Prohibition on Provision of Support to the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no agency or entity of the United States 
     Government or of any State or local government, including any 
     court, may provide support to the International Criminal 
     Court.
       (e) Prohibition on Use of Appropriated Funds To Assist the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no funds appropriated under any provision 
     of law may be used for the purpose of assisting the 
     investigation, arrest, detention, extradition, or prosecution 
     of any United States citizen or permanent resident alien by 
     the International Criminal Court.
       (f) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition treaties, to which the 
     United States is a party, and in connection with the 
     execution or issuance of any letter rogatory, to prevent the 
     transfer to, or other use by, the International Criminal 
     Court of any assistance provided by the United States under 
     such treaties and letters rogatory.
       (g) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

     SEC. 1405. RESTRICTION ON UNITED STATES PARTICIPATION IN 
                   CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.

       (a) Policy.--Effective beginning on the date on which the 
     Rome Statute enters into force pursuant to Article 126 of the 
     Rome Statute, the President should use the voice and vote of 
     the United States in the United Nations Security Council to 
     ensure that each resolution of the Security Council 
     authorizing any peacekeeping operation under chapter VI of 
     the charter of the United Nations or peace enforcement 
     operation under chapter VII of the charter of the United 
     Nations permanently exempts, at a minimum, covered United 
     States persons participating in such operation from criminal 
     prosecution or other assertion of jurisdiction by the 
     International Criminal Court for actions undertaken by such 
     personnel in connection with the operation.
       (b) Restriction.--Covered United States persons may not 
     participate in any peacekeeping operation under chapter VI of 
     the charter of the United Nations or peace enforcement 
     operation under chapter VII of the charter of the United 
     Nations, the creation of which is authorized by the United 
     Nations Security Council on or after the date that the Rome 
     Statute enters into effect pursuant to Article 126 of the 
     Rome Statute, unless the President has submitted to the 
     appropriate congressional committees a certification 
     described in subsection (c) with respect to such operation.
       (c) Certification.--The certification referred to in 
     subsection (b) is a certification by the President that--
       (1) covered United States persons are able to participate 
     in the peacekeeping or peace enforcement operation without 
     risk of criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court because, in 
     authorizing the operation, the United Nations Security 
     Council permanently exempted, at a minimum, covered United 
     States persons participating in the operation from criminal 
     prosecution or other assertion of jurisdiction by the 
     International Criminal Court for actions undertaken by them 
     in connection with the operation;
       (2) covered United States persons are able to participate 
     in the peacekeeping or peace enforcement operation without 
     risk of criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court because each 
     country in which covered United States persons participating 
     in the operation will be present either is not a party to the 
     International Criminal Court and has not invoked the 
     jurisdiction of the International Criminal Court pursuant to 
     Article 12 of the Rome Statute, or has entered into an 
     agreement in accordance with Article 98 of the Rome Statute 
     preventing the International Criminal Court from proceeding 
     against covered United States persons present in that 
     country; or
       (3) the United States has taken other appropriate steps to 
     guarantee that covered United States persons participating in 
     the operation will not be prosecuted by the International 
     Criminal Court for actions undertaken by such personnel in 
     connection with the operation.

     SEC. 1406. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CLASSIFIED NATIONAL SECURITY INFORMATION AND 
                   LAW ENFORCEMENT INFORMATION TO THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) In General.--Not later than the date on which the Rome 
     Statute enters into force, the President shall ensure that 
     appropriate procedures are in place to prevent the transfer 
     of classified national security information and law 
     enforcement information to the International Criminal Court 
     for the purpose of facilitating an investigation, 
     apprehension, or prosecution.
       (b) Indirect Transfer.--The procedures adopted pursuant to 
     subsection (a) shall be designed to prevent the transfer to 
     the United Nations and to the government of any country that 
     is party to the International Criminal Court of classified 
     national security information and law enforcement information 
     that specifically relates to matters known to be under 
     investigation or prosecution by the International Criminal 
     Court, except to the degree that satisfactory assurances are 
     received from the United Nations or that government, as the 
     case may be, that such information will not be made available 
     to the International Criminal Court for the purpose of 
     facilitating an investigation, apprehension, or prosecution.
       (c) Construction.--The provisions of this section shall not 
     be construed to prohibit any action permitted under section 
     1408.

     SEC. 1407. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.

       (a) Prohibition of Military Assistance.--Subject to 
     subsections (b) and (c), and effective one year after the 
     date on which the Rome Statute enters into force pursuant to 
     Article 126 of the Rome Statute, no United States military 
     assistance may be provided to the government of a country 
     that is a party to the International Criminal Court.
       (b) National Interest Waiver.--The President may, without 
     prior notice to Congress, waive the prohibition of subsection 
     (a) with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that it 
     is important

[[Page S10080]]

     to the national interest of the United States to waive such 
     prohibition.
       (c) Article 98 Waiver.--The President may, without prior 
     notice to Congress, waive the prohibition of subsection (a) 
     with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that such 
     country has entered into an agreement with the United States 
     pursuant to Article 98 of the Rome Statute preventing the 
     International Criminal court from proceeding against United 
     States personnel present in such country.
       (d) Exemption.--The prohibition of subsection (a) shall not 
     apply to the government of--
       (1) a NATO member country;
       (2) a major non-NATO ally (including Australia, Egypt, 
     Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
     New Zealand); or
       (3) Taiwan.

     SEC. 1408. AUTHORITY TO FREE MEMBERS OF THE COVERED UNITED 
                   STATES PERSONS AND CERTAIN OTHER PERSONS 
                   DETAINED OR IMPRISONED BY OR ON BEHALF OF THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) Authority.--The President is authorized to use all 
     means necessary and appropriate to bring about the release of 
     any person described in subsection (b) who is being detained 
     or imprisoned by, on behalf of, or at the request of the 
     International Criminal Court.
       (b) Persons Authorized To Be Freed.--The authority of 
     subsection (a) shall extend to the following persons:
       (1) Covered United States persons.
       (2) Covered allied persons.
       (3) Individuals detained or imprisoned for official actions 
     taken while the individual was a covered United States person 
     or a covered allied person, and in the case of a covered 
     allied person, upon the request of such government.
       (c) Authorization of Legal Assistance.--When any person 
     described in subsection (b) is arrested, detained, 
     investigated, prosecuted, or imprisoned by, on behalf of, or 
     at the request of the International Criminal Court, the 
     President is authorized to direct any agency of the United 
     States Government to provide--
       (1) legal representation and other legal assistance to that 
     person (including, in the case of a person entitled to 
     assistance under section 1037 of title 10, United States 
     Code, representation and other assistance in the manner 
     provided in that section);
       (2) exculpatory evidence on behalf of that person; and
       (3) defense of the interests of the United States through 
     appearance before the International Criminal Court pursuant 
     to Article 18 or 19 of the Rome Statute, or before the courts 
     or tribunals of any country.
       (d) Bribes and Other Inducements Not Authorized.--This 
     section does not authorize the payment of bribes or the 
     provision of other such incentives to induce the release of a 
     person described in subsection (b).

     SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS.

       (a) Report on Alliance Command Arrangements.--Not later 
     than 6 months after the date of the enactment of this Act, 
     the President should transmit to the appropriate 
     congressional committees a report with respect to each 
     military alliance to which the United States is party--
       (1) describing the degree to which members of the Armed 
     Forces of the United States may, in the context of military 
     operations undertaken by or pursuant to that alliance, be 
     placed under the command or operational control of foreign 
     military officers subject to the jurisdiction of the 
     International Criminal Court because they are nationals of a 
     party to the International Criminal Court; and
       (2) evaluating the degree to which members of the Armed 
     Forces of the United States engaged in military operations 
     undertaken by or pursuant to that alliance may be exposed to 
     greater risks as a result of being placed under the command 
     or operational control of foreign military officers subject 
     to the jurisdiction of the International Criminal Court.
       (b) Description of Measures To Achieve Enhanced Protection 
     for Members of the Armed Forces of the United States.--Not 
     later than one year after the date of the enactment of this 
     Act, the President should transmit to the appropriate 
     congressional committees a description of modifications to 
     command and operational control arrangements within military 
     alliances to which the United States is a party that could be 
     made in order to reduce any risks to members of the Armed 
     Forces of the United States identified pursuant to subsection 
     (a)(2).
       (c) Submission in Classified Form.--The report under 
     subsection (a), and the description of measures under 
     subsection (b), or appropriate parts thereof, may be 
     submitted in classified form.

     SEC. 1410. WITHHOLDINGS.

       Funds withheld from the United States share of assessments 
     to the United Nations or any other international organization 
     during any fiscal year pursuant to section 705 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001 (as enacted by 
     section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
     460), are authorized to be transferred to the Embassy 
     Security, Construction and Maintenance Account of the 
     Department of State.

     SEC. 1411. APPLICATION OF SECTIONS 1404 AND 1406 TO EXERCISE 
                   OF CONSTITUTIONAL AUTHORITIES.

       (a) In General.--Sections 1404 and 1406 shall not apply to 
     any action or actions with respect to a specific matter taken 
     or directed by the President in the exercise of the 
     President's authority as Commander in Chief of the Armed 
     Forces of the United States under article II, section 2 of 
     the United States Constitution or in the exercise of the 
     executive power under article II, section 1 of the United 
     States Constitution.
       (b) Notification to Congress.--
       (1) In general.--Subject to paragraph (2), not later than 
     15 days after the President takes or directs an action or 
     actions described in subsection (a) that would otherwise be 
     prohibited under section 1404 or 1406, the President shall 
     submit a notification of such action to the appropriate 
     congressional committees. A notification under this paragraph 
     shall include a description of the action, a determination 
     that the action is in the national interest of the United 
     States, and a justification for the action.
       (2) Exception.--If the President determines that a full 
     notification under paragraph (1) could jeopardize the 
     national security of the United States or compromise a United 
     States law enforcement activity, not later than 15 days after 
     the President takes or directs an action or actions referred 
     to in paragraph (1) the President shall notify the 
     appropriate congressional committees that an action has been 
     taken and a determination has been made pursuant to this 
     paragraph. The President shall provide a full notification 
     under paragraph (1) not later than 15 days after the reasons 
     for the determination under this paragraph no longer apply.
       (c) Construction.--Nothing in this section shall be 
     construed as a grant of statutory authority to the President 
     to take any action.

     SEC. 1412. PROHIBITION ON EXTRADITION TO THE INTERNATIONAL 
                   CRIMINAL COURT.

       Notwithstanding any other provision of law, no agency or 
     entity of the United States Government or of any State or 
     local government may extradite any covered United States 
     person to the International Criminal Court, nor support the 
     transfer of any covered United States person to the 
     International Criminal Court.

     SEC. 1413. NONDELEGATION.

       The authorities vested in the President by sections 1403 
     and 1411(a) may not be delegated by the President pursuant to 
     section 301 of title 3, United States Code, or any other 
     provision of law. The authority vested in the President by 
     section 1405(c)(3) may not be delegated by the President 
     pursuant to section 301 of title 3, United States Code, or 
     any other provision of law to any official other than the 
     Secretary of Defense, and if so delegated may not be 
     subdelegated.

     SEC. 1414. SENSE OF CONGRESS.

       It is the sense of Congress that the President should 
     rescind the signature made on behalf of the United States to 
     the Rome Statute.

     SEC. 1415. DEFINITIONS.

       As used in this title and in section 706 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Classified national security information.--The term 
     ``classified national security information'' means 
     information that is classified or classifiable under 
     Executive Order 12958 or a successor Executive order.
       (3) Covered allied persons.--The term ``covered allied 
     persons'' means military personnel, elected or appointed 
     officials, and other persons employed by or working on behalf 
     of the government of a NATO member country, a major non-NATO 
     ally (including Australia, Egypt, Israel, Japan, Jordan, 
     Argentina, the Republic of Korea, and New Zealand), or 
     Taiwan, for so long as that government is not a party to the 
     International Criminal Court and wishes its officials and 
     other persons working on its behalf to be exempted from the 
     jurisdiction of the International Criminal Court.
       (4) Covered united states persons.--The term ``covered 
     United States persons'' means members of the Armed Forces of 
     the United States, elected or appointed officials of the 
     United States Government, other persons employed by or 
     working on behalf of the United States Government, and other 
     United States citizens for so long as the United States is 
     not a party to the International Criminal Court.
       (5) Extradition.--The terms ``extradition'' and 
     ``extradite'' mean the extradition of a person in accordance 
     with the provisions of chapter 209 of title 18, United States 
     Code, (including section 3181(b) of such title) and such 
     terms include both extradition and surrender as those terms 
     are defined in Article 102 of the Rome Statute.
       (6) International criminal court.--The term ``International 
     Criminal Court'' means the court established by the Rome 
     Statute.
       (7) Major non-nato ally.--The term ``major non-NATO ally'' 
     means a country that has been so designated in accordance 
     with section 517 of the Foreign Assistance Act of 1961.
       (8) Participate in any peacekeeping operation under chapter 
     vi of the charter of the united nations or peace enforcement

[[Page S10081]]

     operation under chapter vii of the charter of the united 
     nations.--The term ``participate in any peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations'' means to assign members 
     of the Armed Forces of the United States to a United Nations 
     military command structure as part of a peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations in which those members of 
     the Armed Forces of the United States are subject to the 
     command or operational control of one or more foreign 
     military officers not appointed in conformity with article 
     II, section 2, clause 2 of the Constitution of the United 
     States.
       (9) Party to the international criminal court.--The term 
     ``party to the International Criminal Court'' means a 
     government that has deposited an instrument of ratification, 
     acceptance, approval, or accession to the Rome Statute, and 
     has not withdrawn from the Rome Statute pursuant to Article 
     127 thereof.
       (10) Peacekeeping operation under chapter vi of the charter 
     of the united nations or peace enforcement operation under 
     chapter vii of the charter of the united nations.--The term 
     ``peacekeeping operation under chapter VI of the charter of 
     the United Nations or peace enforcement operation under 
     chapter VII of the charter of the United Nations'' means any 
     military operation to maintain or restore international peace 
     and security that--
       (A) is authorized by the United Nations Security Council 
     under chapter VI or VII of the charter of the United Nations; 
     and
       (B) is paid for from assessed contributions of United 
     Nations members that are made available for peacekeeping or 
     peace enforcement activities.
       (11) Rome statute.--The term ``Rome Statute'' means the 
     Rome Statute of the International Criminal Court, adopted by 
     the United Nations Diplomatic Conference of Plenipotentiaries 
     on the Establishment of an International Criminal Court on 
     July 17, 1998.
       (12) Support.--The term ``support'' means assistance of any 
     kind, including financial support, transfer of property or 
     other material support, services, intelligence sharing, law 
     enforcement cooperation, the training or detail of personnel, 
     and the arrest or detention of individuals.
       (13) United states military assistance.--The term ``United 
     States military assistance'' means--
       (A) assistance provided under chapter 2 or 5 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); 
     or
       (B) defense articles or defense services furnished with the 
     financial assistance of the United States Government, 
     including through loans and guarantees, under section 23 of 
     the Arms Export Control Act (22 U.S.C. 2763).
                                  ____

  SA 1828. Mr. McCONNELL submitted an amendment intended to be proposed 
to amendment SA 1769 submitted by Mr. Dodd and intended to be proposed 
to the bill (S. 1438) to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In the matter proposed to be inserted, strike all and 
     insert the following:

         TITLE--BIPARTISAN FEDERAL ELECTION REFORM ACT OF 2001

       Strike all after the enacting clause and insert the 
     following:

     SEC. __01. SHORT TITLE.

       Short Title.--This Title may be cited as the ``Bipartisan 
     Federal Election Reform Act of 2001''.

                  Subtitle A--Blue Ribbon Study Panel

     SEC. __11. ESTABLISHMENT OF THE BLUE RIBBON STUDY PANEL.

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

     SEC. __12. 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. __13. 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 __21.
       (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

[[Page S10082]]

     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. __14. 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. __15. 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 __13(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. __16. 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. __17. TERMINATION OF THE PANEL.

       The Panel shall terminate 30 days after the date on which 
     the Panel submits its final report under section __13(c)(1).

     SEC. __18. 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.

             Subtitle B--Election Administration Commission

     SEC. __21. 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. __22. 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. __23. 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 __13 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

[[Page S10083]]

     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 __24.

     SEC. __24. 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 __23(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 __23(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 __23(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.--

[[Page S10084]]

       (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. __25. 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. __26. 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. __27. 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. __28. 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. __29. 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.

           Subtitle C--Election Administration Advisory Board

     SEC. __31. ESTABLISHMENT OF THE ELECTION ADMINISTRATION 
                   ADVISORY BOARD.

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

     SEC. __32. 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 __21 (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 __22.
       (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. __33. 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. __34. 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.

[[Page S10085]]

       (d) Quorum.--A majority of the members of the Board shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.

     SEC. __35. 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. __36. 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. __37. TERMINATION OF THE BOARD.

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

     SEC. __38. 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.

                   Subtitle D--Transition Provisions

   Transfer to Election Administration Commission of Functions Under 
                              Certain Laws

     SEC. __41. 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 __21 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. __42. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING 
                   ACT.

       (a) Transfer of Functions.--There are transferred to the 
     Election Administration Commission established under section 
     __21 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. __43. NATIONAL VOTER REGISTRATION ACT OF 1993.

       (a) Transfer of Functions.--There are transferred to the 
     Election Administration Commission established under section 
     __21 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. __44. 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. __45. 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 __23.
       (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.

 Coverage of Election Administration Commission Under Certain Laws and 
                                Programs

     SEC. __46. 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. __47. 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 __23.

              Subtitle E--Absent Uniformed Services Voters

     SEC. __51. 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''.

                       Subtitle F--Miscellaneous

     SEC. __61. 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 
     __24(b)(1) shall not affect any requirements for preclearance 
     under section 5 of the Voting Rights Act of 1965 (42 U.S.C. 
     1973c).
                                  ____

  SA 1829. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

              TITLE __--EQUAL PROTECTION OF VOTING RIGHTS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Equal Protection of Voting 
     Rights Act of 2001''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is a fundamental and incontrovertible 
     right under the Constitution.
       (2) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the right 
     to vote is a fundamental right under the Constitution.
       (3) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the 
     United States is a democratic Government ``of the people, by 
     the people, and for the people'' where every vote counts.
       (4) There is a need for Congress to encourage and enable 
     every eligible American to vote by eliminating procedural, 
     physical, and technological obstacles to voting.

[[Page S10086]]

       (5) There is a need to counter discrimination in voting by 
     removing barriers to the exercise of the constitutionally 
     protected right to vote.
       (6) There is a concern that persons with disabilities and 
     impairments face difficulties in voting.
       (7) There are practices designed to purge illegal voters 
     from voter rolls which result in the elimination of legal 
     voters as well.
       (8) State governments have already begun to examine ways to 
     improve the administration of elections and to modernize 
     mechanisms and machinery for voting.
       (9) Congress has authority under section 4 of article I of 
     the Constitution of the United States, section 5 of the 14th 
     amendment to the Constitution of the United States, and 
     section 2 of the 15th amendment to the Constitution of the 
     United States to enact legislation to address the equal 
     protection violations that may be caused by outdated voting 
     systems.
       (10) Congress has an obligation to ensure that the 
     necessary resources are available to States and localities to 
     improve election technology and election administration and 
     to ensure the integrity of and full participation of all 
     Americans in the democratic elections process.

         Subtitle A--Commission on Voting Rights and Procedures

     SEC. __11. ESTABLISHMENT OF THE COMMISSION ON VOTING RIGHTS 
                   AND PROCEDURES.

       There is established the Commission on Voting Rights and 
     Procedures (in this subtitle referred to as the 
     ``Commission'').

     SEC. __12. MEMBERSHIP OF THE COMMISSION.

       (a) Number and Appointment.--The Commission shall be 
     composed of 12 members of whom:
       (1) 6 members shall be appointed by the President;
       (2) 3 members shall be appointed by the Minority Leader of 
     the Senate (or, if the Minority Leader is a member of the 
     same political party as the President, by the Majority Leader 
     of the Senate); and
       (3) 3 members shall be appointed by the Minority Leader of 
     the House of Representatives (or, if the Minority Leader is a 
     member of the same political party as the President, by the 
     Majority Leader of the House of Representatives).
       (b) Qualifications.--Each member appointed under subsection 
     (a) shall be chosen on the basis of--
       (1) experience with, and knowledge of--
       (A) election law;
       (B) election technology;
       (C) Federal, State, or local election administration;
       (D) the Constitution; or
       (E) the history of the United States; and
       (2) integrity, impartiality, and good judgment.
       (c) Period of Appointment; Vacancies.--
       (1) Period of appointment.--Each member shall be appointed 
     for the life of the Commission.
       (2) Vacancies.--
       (A) In general.--A vacancy in the Commission shall not 
     affect its powers.
       (B) Manner of replacement.--Not later than 60 days after 
     the date of the vacancy, a vacancy on the Commission shall be 
     filled in same manner as the original appointment was made 
     and shall be subject to any conditions which applied with 
     respect to the original appointment.
       (d) Chairperson; Vice Chairperson.--
       (1) In general.--The Commission 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.
       (e) Date of Appointment.--The appointments of the members 
     of the Commission shall be made not later than the date that 
     is 45 days after the date of enactment of this title.
       (f) Meetings.--
       (1) In general.--The Commission shall meet at the call of 
     the chairperson.
       (2) Initial meeting.--Not later than 20 days after the date 
     on which all the members of the Commission have been 
     appointed, the Commission shall hold its first meeting.
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Voting.--Each action of the Commission shall be 
     approved by a majority vote of the entire Commission. Each 
     member shall have 1 vote.

     SEC. __13. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--The Commission shall conduct a thorough 
     study of--
       (A) election technology and systems;
       (B) designs of ballots and the uniformity of ballots;
       (C) access to ballots and polling places, including timely 
     notice of voting locations and matters relating to access 
     for--
       (i) voters with disabilities;
       (ii) voters with visual impairments;
       (iii) voters with limited English language proficiency;
       (iv) voters who need assistance in order to understand the 
     voting process or how to cast a ballot; and
       (v) other voters with special needs;
       (D) the effect of the capacity of voting systems on the 
     efficiency of election administration, including how the 
     number of ballots which may be processed by a single machine 
     over a period of time affects the number of machines needed 
     to carry out an election at a particular polling place and 
     the number of polling places and other facilities necessary 
     to serve the voters;
       (E) voter registration and maintenance of voter rolls, 
     including the use of provisional voting and standards for 
     reenfranchisement of voters;
       (F) alternative voting methods;
       (G) voter intimidation, both real and perceived;
       (H) accuracy of voting, election procedures, and election 
     technology;
       (I) voter education;
       (J) election personnel and volunteer training;
       (K)(i) the implementation of title I of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 
     seq.) and the amendments made by title II of that Act by--
       (I) the Secretary of Defense, acting as the Presidential 
     designee under section 101 of that Act (42 U.S.C. 1973ff);
       (II) each other Federal Government official having 
     responsibilities under that Act; and
       (III) each State; and
       (ii) whether any legislative or administrative action is 
     necessary to provide a meaningful opportunity for each absent 
     uniformed services voter (as defined in section 107(1) of 
     that Act (42 U.S.C. 1973ff-6(1))) and each overseas voter (as 
     defined in section 107(5) of that Act (42 U.S.C. 1973ff-
     6(5))) to register to vote and vote in elections for Federal 
     office;
       (L) the feasibility and advisability of establishing the 
     date on which elections for Federal office are held as a 
     Federal or State holiday;
       (M) the feasibility and advisability of establishing 
     modified polling place hours, and the effects thereof; and
       (N)(i) how the Federal Government can, on a permanent 
     basis, best provide ongoing assistance to State and local 
     authorities to improve the administration of elections for 
     Federal office;
       (ii) how the requirements for voting systems, provisional 
     voting, and sample ballots described in section __31 can, on 
     a permanent basis, best be administered; and
       (iii) whether an existing or a new Federal agency should 
     provide such assistance.
       (2) Website.--In addition to any other publication 
     activities the Commission may be required to carry out, for 
     purposes of conducting the study under this subsection the 
     Commission shall establish an Internet website to facilitate 
     public comment and participation.
       (b) Recommendations.--
       (1) Recommendations of best practices in voting and 
     election administration.--The Commission shall develop 
     specific recommendations with respect to the matters studied 
     under subsection (a) that identify those methods of voting 
     and administering elections studied by the Commission that 
     would--
       (A) be convenient, accessible, nondiscriminatory, and easy 
     to use for voters in elections for Federal office, including 
     voters with disabilities, voters with visual impairments, 
     absent uniformed services voters, overseas voters, and other 
     voters with special needs, including voters with limited 
     English proficiency or who otherwise need assistance in order 
     to understand the voting process or to cast a ballot;
       (B) yield the broadest participation; and
       (C) produce accurate results.
       (2) Recommendations for providing assistance in federal 
     elections.--The Commission shall develop specific 
     recommendations with respect to the matters studied under 
     subsection (a)(1)(N) on how the Federal Government can, on a 
     permanent basis, best provide ongoing assistance to State and 
     local authorities to improve the administration of elections 
     for Federal office, and identify whether an existing or a new 
     Federal agency should provide such assistance.
       (3) Recommendations for voter participation in federal 
     elections.--The Commission shall develop specific 
     recommendations with respect to the matters studied under 
     subsection (a) on methods--
       (A) to increase voter registration;
       (B) to increase the accuracy of voter rolls and 
     participation and inclusion of legal voters;
       (C) to improve voter education; and
       (D) to improve the training of election personnel and 
     volunteers.
       (4) Consistency with election technology and administration 
     requirements.--The Commission shall ensure that the specific 
     recommendations developed under this subsection are 
     consistent with the uniform and nondiscriminatory election 
     technology and administration requirements under section 
     __31.
       (c) Reports.--
       (1) Interim reports.--Not later than the date on which the 
     Commission submits the final report under paragraph (2), the 
     Commission may submit to the President and Congress such 
     interim reports as a majority of the members of the 
     Commission determine appropriate.
       (2) Final report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this title, the Commission shall submit to the 
     President and Congress a final report that has received the 
     approval of a majority of the members of the Commission.
       (B) Content.--The final report shall contain--
       (i) a detailed statement of the findings and conclusions of 
     the Commission on the matters studied under subsection (a);

[[Page S10087]]

       (ii) a detailed statement of the recommendations developed 
     under subsection (b) which received a majority vote of the 
     members of the Commission; and
       (iii) any dissenting or minority opinions of the members of 
     the Commission.

     SEC. __14. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission or, at its direction, any 
     subcommittee or member of the Commission, may, for the 
     purpose of carrying out this subtitle--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Commission (or such subcommittee or 
     member) considers advisable.
       (b) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Any subpoena issued under subsection (a) 
     shall be issued by the chairperson and vice chairperson of 
     the Commission acting jointly. Each subpoena shall bear the 
     signature of the chairperson of the Commission and shall be 
     served by any person or class of persons designated by the 
     chairperson for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (c) Witness Allowances and Fees.--Section 1821 of title 28, 
     United States Code, shall apply to witnesses requested or 
     subpoenaed to appear at any hearing of the Commission. The 
     per diem and mileage allowances for witnesses shall be paid 
     from funds available to pay the expenses of the Commission.
       (d) 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 subtitle. Upon request of the chairperson and vice 
     chairperson of the Commission, acting jointly, the head of 
     such department or agency shall furnish such information to 
     the Commission.
       (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 and vice chairperson of the Commission, 
     acting jointly, 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 subtitle.
       (g) Gifts and Donations.--The Commission may accept, use, 
     and dispose of gifts or donations of services or property to 
     carry out this subtitle.
       (h) Application of Federal Advisory Committee Act.--Except 
     as otherwise provided in this subtitle, the Commission shall 
     be subject to the requirements of the Federal Advisory 
     Committee Act (5 U.S.C. App.).

     SEC. __15. 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 and vice chairperson of 
     the Commission, acting jointly, 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 and vice chairperson of 
     the Commission, acting jointly, 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 and vice chairperson of the Commission, 
     acting jointly, 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. __16. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 45 days after the date on 
     which the Commission submits its final report and 
     recommendations under section __13(c)(2).

     SEC. __17. AUTHORIZATION OF APPROPRIATIONS FOR THE 
                   COMMISSION.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the purposes of 
     this subtitle.
       (b) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.

 Subtitle B--Election Technology and Administration Improvement Grant 
                                Program

     SEC. __21. ESTABLISHMENT OF GRANT PROGRAM.

       (a) In General.--The Attorney General, subject to the 
     general policies and criteria for the approval of 
     applications established under section __23 and in 
     consultation with the Federal Election Commission, is 
     authorized to make grants to States and localities to pay the 
     Federal share of the costs of the activities described in 
     section __22.
       (b) Action Through Office of Justice Programs and Assistant 
     Attorney General for Civil Rights.--In carrying out this 
     subtitle, the Attorney General shall act through the 
     Assistant Attorney General for the Office of Justice Programs 
     and the Assistant Attorney General for the Civil Rights 
     Division.

     SEC. __22. AUTHORIZED ACTIVITIES.

       (a) In General.--A State or locality may use grant payments 
     received under this subtitle--
       (1) to improve, acquire, or replace voting equipment or 
     technology and improve the accessibility of polling places, 
     including providing physical access for persons with 
     disabilities and to other individuals with special needs, and 
     nonvisual access for voters with visual impairments, and 
     assistance to voters with limited proficiency in the English 
     language;
       (2) to implement new election administration procedures to 
     increase voter participation and reduce disenfranchisement, 
     such as ``same-day'' voter registration procedures;
       (3) to educate voters concerning voting procedures, voting 
     rights or voting technology, and to train election personnel; 
     or
       (4) upon completion of the final report under section 
     __13(c)(2), to implement recommendations contained in such 
     report under section __13(c)(2)(B)(ii).
       (b) Requirements for Election Technology and 
     Administration.--A State or locality may use grant payments 
     received under this subtitle--
       (1) on or after the date on which the voting system 
     requirements specifications are issued under section __32(a), 
     to implement the requirements under section __31(a);
       (2) on or after the date on which the provisional voting 
     requirements guidelines are issued under section __32(b), to 
     implement the requirements under section __31(b); and
       (3) on or after the date on which the sample ballot 
     requirements guidelines are issued under section __32(c), to 
     implement the requirements under section __31(c).

     SEC. __23. GENERAL POLICIES AND CRITERIA FOR THE APPROVAL OF 
                   APPLICATIONS OF STATES AND LOCALITIES; 
                   REQUIREMENTS OF STATE PLANS.

       (a) General Policies.--The Attorney General shall establish 
     general policies with respect to the approval of applications 
     of States and localities, the awarding of grants, and the use 
     of assistance made available under this subtitle.
       (b) Criteria.--
       (1) In general.--The Attorney General shall establish 
     criteria with respect to the approval of applications of 
     States and localities submitted under section __24, including 
     the requirements for State plans under paragraph (2).
       (2) Requirements of state plans.--The Attorney General 
     shall not approve an application of a State unless the State 
     plan of that State provides for each of the following:
       (A) Uniform nondiscriminatory voting standards within the 
     State for election administration and technology that--
       (i) meet the requirements for voting systems, provisional 
     voting, and sample ballots described in section __31;
       (ii) provide for ease and convenience of voting for all 
     voters, including accuracy, nonintimidation, and 
     nondiscrimination;
       (iii) ensure conditions for voters with disabilities, 
     including nonvisual access for voters with visual 
     impairments, provide the same opportunity for access and 
     participation by such voters, including privacy and 
     independence;
       (iv) ensure access for voters with limited English language 
     proficiency, voters who need assistance in order to 
     understand the voting process or how to cast a ballot, and 
     other voters with special needs;

[[Page S10088]]

       (v) ensure compliance with the Voting Accessibility for the 
     Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.);
       (vi) ensure 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);
       (vii) ensure compliance with the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg et seq.); and
       (viii) ensure that overseas voters and absent uniformed 
     service voters (as such terms are defined in section 107 of 
     the Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-6)) have a meaningful opportunity to exercise 
     their voting rights as citizens of the United States.
       (B) Accuracy of the records of eligible voters in the 
     States to ensure that legally registered voters appear in 
     such records and prevent any purging of such records to 
     remove illegal voters that result in the elimination of legal 
     voters as well.
       (C) Voter education programs regarding the right to vote 
     and methodology and procedures for participating in elections 
     and training programs for election personnel and volunteers, 
     including procedures to carry out subparagraph (D).
       (D) An effective method of notifying voters at polling 
     places on the day of election of basic voting procedures to 
     effectuate their vote as provided for in State and Federal 
     law.
       (E) A timetable for meeting the elements of the plan.
       (3) Consistency with election technology and administration 
     requirements.--The criteria established by the Attorney 
     General under this subsection and the State plans required 
     under this subsection shall be consistent with the uniform 
     and nondiscriminatory election technology and administration 
     requirements under section __31.
       (c) Consultation.--In establishing the general policies and 
     criteria under this section, the Attorney General shall 
     consult with the Federal Election Commission.

     SEC. __24. SUBMISSION OF APPLICATIONS OF STATES AND 
                   LOCALITIES.

       (a) Submission of Applications by States.--
       (1) In general.--Subject to paragraph (3), the chief 
     executive officer of each State desiring to receive a grant 
     under this subtitle shall submit an application to the 
     Attorney General at such time, in such manner, and 
     accompanied by such additional information as the Attorney 
     General, in consultation with the Federal Election 
     Commission, may reasonably require.
       (2) Contents of applications.--Each application submitted 
     under paragraph (1) shall include the following:
       (A) State plan.--A State plan that--
       (i) is developed in consultation with State and local 
     election officials;
       (ii) describes the activities authorized under section __22 
     for which assistance under this subtitle is sought; and
       (iii) contains a detailed explanation of how the State will 
     comply with the requirements described in section __23(b).
       (B) Compliance with federal matching requirements.--An 
     assurance that the State will pay the non-Federal share of 
     the costs of the activities for which assistance is sought 
     from non-Federal sources that may be accompanied by a request 
     for a waiver of the matching requirements under section 
     __26(b)(2).
       (C) Additional assurances.--Such additional assurances as 
     the Attorney General, in consultation with the Federal 
     Election Commission, determines to be essential to ensure 
     compliance with the requirements of this subtitle.
       (3) Availability of state plans for review and comment.--A 
     State submitting an application under this section shall make 
     the State plan proposed to be included in that application 
     available to the public for review and comment prior to the 
     submission of the application.
       (b) Submission of Applications by Localities.--
       (1) In general.--If a State has submitted an application 
     under subsection (a), a locality of that State may submit an 
     application for assistance to the Attorney General at such 
     time, in such manner, and accompanied by such additional 
     information as the Attorney General, in consultation with the 
     Federal Election Commission, may reasonably require.
       (2) Contents of applications.--Each application submitted 
     by a locality under paragraph (1) shall include the 
     following:
       (A) Consistency with state plan.--Information similar to 
     the information required to be submitted under the State plan 
     under subsection (a)(2)(A) that is not inconsistent with that 
     plan.
       (B) Nonduplication of effort.--Assurances that any 
     assistance directly provided to the locality under this 
     subtitle is not available to that locality through the State.
       (C) Compliance with federal matching requirements.--A 
     description of how the locality will pay the non-Federal 
     share from non-Federal sources that may be accompanied by a 
     request for a waiver of the matching requirements under 
     section __26(b)(2).
       (D) Additional assurances.--Such additional assurances as 
     the Attorney General, in consultation with the Federal 
     Election Commission, determines to be essential to ensure 
     compliance with the requirements of this subtitle.

     SEC. __25. APPROVAL OF APPLICATIONS OF STATES AND LOCALITIES.

       (a) Approval of State Applications.--
       (1) In general.--The Attorney General, in consultation with 
     the Federal Election Commission, shall approve applications 
     in accordance with the general policies and criteria for the 
     approval of applications established under section __23.
       (2) Publication of state plans and solicitation of 
     comments.--After receiving an application of a State 
     submitted under section __24(a)(1), the Attorney General 
     shall publish the State plan contained in that application in 
     the Federal Register and solicit comments on the plan from 
     the public. The publication of and the solicitation of 
     comments on such a plan pursuant to this subsection shall not 
     be treated as an exercise of rulemaking authority by the 
     Attorney General for purposes of subchapter II of chapter 5 
     of title 5, United States Code.
       (3) Approval.--At any time after the expiration of the 30-
     day period which begins on the date the State plan is 
     published in the Federal Register under subsection (a), and 
     taking into consideration any comments received under such 
     subsection, the Attorney General, in consultation with the 
     Federal Election Commission, shall approve or disapprove the 
     application that contains the State plan published under 
     paragraph (2) in accordance with the general policies and 
     criteria established under section __23.
       (b) Approval of Applications of Localities.--If the 
     Attorney General has approved the application of a State 
     under subsection (a), the Attorney General, in consultation 
     with the Federal Election Commission, may approve an 
     application submitted by a locality of that State under 
     section __24(b) in accordance with the general policies and 
     criteria established under section __23.

     SEC. __26. FEDERAL MATCHING FUNDS.

       (a) Payments.--The Attorney General shall pay to each State 
     or locality having an application approved under section __25 
     the Federal share of the cost of the activities described in 
     that application.
       (b) Federal Share.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), 
     for purposes of subsection (a), the Federal share shall be 80 
     percent.
       (2) Waiver.--The Attorney General may specify a Federal 
     share greater than 80 percent under terms and conditions 
     consistent with this subtitle.
       (3) Incentive for early action.--For any recipient of a 
     grant whose application was received prior to March 1, 2002, 
     the Federal share shall be 90 percent.
       (4) Reimbursement for cost of meeting requirements.--With 
     respect to the authorized activities described in section 
     __22(b) insofar as a State or locality incurs expenses to 
     meet the requirements of section __31, the Federal share 
     shall be 100 percent.
       (c) Non-Federal Share.--The non-Federal share of payments 
     under this subtitle may be in cash or in kind fairly 
     evaluated, including planned equipment or services.

     SEC. __27. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.

       (a) Recordkeeping Requirement.--Each recipient of a grant 
     under this subtitle shall keep such records as the Attorney 
     General, in consultation with the Federal Election 
     Commission, shall prescribe.
       (b) Audit and Examination.--The Attorney General and the 
     Comptroller General, or any authorized representative of the 
     Attorney General or the Comptroller General, shall audit any 
     recipient of a grant under this subtitle and shall have 
     access to any record of a recipient of a grant under this 
     subtitle that the Attorney General or the Comptroller General 
     determines may be related to a grant received under this 
     subtitle for the purpose of conducting an audit or 
     examination.

     SEC. __28. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.

       (a) Reports to Congress.--Not later than January 31, 2003, 
     and each year thereafter, the Attorney General shall submit 
     to the President and Congress a report on the program under 
     this subtitle for the preceding year. Each report shall 
     contain the following:
       (1) A description and analysis of any activities funded by 
     a grant awarded under this subtitle.
       (2) Any recommendation for legislative or administrative 
     action that the Attorney General considers appropriate.
       (b) Reports to the Attorney General.--The Attorney General 
     shall require each recipient of a grant under this subtitle 
     to submit reports to the Attorney General, at such time, in 
     such manner, and containing such information as the Attorney 
     General considers appropriate.

     SEC. __29. DEFINITIONS OF STATE AND LOCALITY.

       In this subtitle:
       (1) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, American Samoa, Guam, and the United States Virgin 
     Islands.
       (2) Locality.--The term ``locality'' means a political 
     subdivision of a State.

     SEC. __30. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of Justice such sums as may be necessary for 
     each of fiscal years 2002, 2003, 2004, 2005, and 2006.
       (2) Use of amounts.--Amounts appropriated under paragraph 
     (1) shall be for the purpose of--

[[Page S10089]]

       (A) awarding grants under this title; and
       (B) paying for the costs of administering the program to 
     award such grants.
       (3) Federal election commission.--There are authorized to 
     be appropriated to the Federal Election Commission for each 
     of fiscal years 2002, 2003, 2004, 2005, and 2006 such sums as 
     may be necessary for the purpose of carrying out the 
     provisions of this title.
       (b) Limitation.--Not more than 1 percent of any sums 
     appropriated under paragraph (1) of subsection (a) may be 
     used to pay for the administrative costs described in 
     paragraph (2)(B) of such subsection.

  Subtitle C--Requirements for Election Technology and Administration

     SEC. __31. UNIFORM AND NONDISCRIMINATORY REQUIREMENTS FOR 
                   ELECTION TECHNOLOGY AND ADMINISTRATION.

       (a) Voting Systems.--Each voting system used in an election 
     for Federal office shall meet the following requirements:
       (1) The voting system shall permit the voter to verify the 
     votes selected by the voter on a ballot before the ballot is 
     cast and tabulated, and shall provide the voter with the 
     opportunity to correct any error before the ballot is cast 
     and tabulated.
       (2) If the voter selects votes for more than one candidate 
     for a single office, the voting system shall notify the voter 
     before the ballot is cast and tabulated of the effect of 
     casting multiple votes for the office, and shall provide the 
     voter with the opportunity to correct the ballot before the 
     ballot is cast and tabulated.
       (3) If the voter selects votes for fewer than the number of 
     candidates for which votes may be cast, the voting system 
     shall notify the voter before the ballot is cast and 
     tabulated of the effect of such selection, and shall provide 
     the voter with the opportunity to correct the ballot before 
     the ballot is cast and tabulated.
       (4) The voting system shall produce a record with an audit 
     capacity for each ballot cast.
       (5) The voting system shall be accessible for individuals 
     with disabilities and other individuals with special needs, 
     including providing nonvisual accessibility for the blind and 
     visually impaired, which provides the same opportunity for 
     access and participation (including privacy and independence) 
     as for other voters, and shall provide alternative language 
     accessibility for individuals with limited proficiency in the 
     English language.
       (6) The error rate of a voting system in counting and 
     tabulating ballots (determined by taking into account only 
     those errors which are attributable to the voting system and 
     not attributable to the act of the voter) shall not exceed 
     the error rate standards as established in the national 
     Voting Systems Standards issued and maintained by the Office 
     of Election Administration of the Federal Election Commission 
     in effect on the date of enactment of this title and shall 
     not be inconsistent with respect to the requirements under 
     this section.
       (b) Provisional Voting.--If the name of an individual who 
     declares to be a registrant eligible to vote at a polling 
     place in an election for Federal office does not appear on 
     the official list of registrants eligible to vote at the 
     polling place, or it is otherwise asserted by an election 
     official that the individual is not eligible to vote at the 
     polling place--
       (1) an election official at the polling place shall notify 
     the individual that the individual may cast a provisional 
     ballot in the election;
       (2) the individual shall be permitted to cast a vote at 
     that polling place upon written affirmation by the individual 
     before an election official at that polling place that the 
     individual is so eligible;
       (3) an election official at the polling place shall 
     transfer the ballot cast by the individual to an appropriate 
     State or local election official for prompt verification of 
     the declaration made by the individual in the affirmation 
     required under paragraph (2);
       (4) if the appropriate State or local election official 
     verifies the declaration made by the individual in the 
     affirmation, the individual's vote shall be tabulated; and
       (5) the appropriate State or local election official shall 
     notify the individual in writing of the final disposition of 
     the individual's affirmation and the treatment of the 
     individual's vote.
       (c) Sample Ballot.--
       (1) Mailings to voters.--Not later than 10 days prior to 
     the date of an election for Federal office, the appropriate 
     election official shall mail to each individual who is 
     registered to vote in such election a sample version of the 
     ballot which will be used for the election together with--
       (A) information regarding the date of the election and the 
     hours during which polling places will be open;
       (B) instructions on how to cast a vote on the ballot; and
       (C) general information on voting rights under Federal and 
     applicable State laws and instructions on how to contact the 
     appropriate officials if these rights are alleged to be 
     violated.
       (2) Publication and posting.--The sample version of the 
     ballot which will be used for an election for Federal office 
     and which is mailed under paragraph (1) shall be published in 
     a newspaper of general circulation in the applicable 
     geographic area not later than 10 days prior to the date of 
     the election, and shall be posted publicly at each polling 
     place on the date of the election.

     SEC. __32. GUIDELINES AND TECHNICAL SPECIFICATIONS.

       (a) Voting Systems Requirement Specifications.--In 
     accordance with the requirements of this subtitle regarding 
     technical specifications, the Office of Election 
     Administration of the Federal Election Commission shall 
     develop national Voting Systems Specifications with respect 
     to the voting systems requirement provided under section 
     __31(a).
       (b) Provisional Voting Guidelines.--In accordance with the 
     requirements of this subtitle regarding provisional voting, 
     the Civil Rights Division of the Department of Justice shall 
     develop initial guidelines with respect to the provisional 
     voting requirement provided for under section __31(b).
       (c) Sample Ballot Guidelines.--In accordance with the 
     requirements of this subtitle regarding sample ballots, the 
     Civil Rights Division of the Department of Justice shall 
     develop initial guidelines with respect to the sample ballot 
     requirement provided for under section __31(c).

     SEC. __33. REQUIRING STATES TO MEET REQUIREMENTS.

       (a) In General.--Subject to subsection (b), a State or 
     locality shall meet the requirements of section __31 with 
     respect to the regularly scheduled election for Federal 
     office held in the State in 2004 and each subsequent election 
     for Federal office held in the State, except that a State is 
     not required to meet the guidelines and technical 
     specifications under section __32 prior to the publication of 
     such guidelines and specifications.
       (b) Treatment of Activities Relating to Voting Systems 
     Under Grant Program.--To the extent that a State has used 
     funds provided under the Election Technology and 
     Administration Improvement grant program under section 
     __22(a) to purchase or modify voting systems in accordance 
     with the State plan contained in its approved application 
     under such program, the State shall be deemed to meet the 
     requirements of section __31(a).

     SEC. __34. ENFORCEMENT BY ATTORNEY GENERAL.

       (a) In General.--The Attorney General may bring a civil 
     action in an appropriate district court for such relief 
     (including declaratory or injunctive relief) as may be 
     necessary to carry out this subtitle.
       (b) Action Through Office of Civil Rights.--The Attorney 
     General shall carry out this section through the Office of 
     Civil Rights of the Department of Justice.
       (c) Relation to Other Laws.--The remedies established by 
     this section are in addition to all other rights and remedies 
     provided by law.

             Subtitle D--Uniformed Services Overseas Voting

     SEC. __41. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF 
                   VOTING BY MEMBERS OF THE UNIFORMED SERVICES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that each administrator of a Federal, State, or local 
     election should--
       (1) be aware of the importance of the ability of each 
     uniformed services voter to exercise their right to vote; and
       (2) perform their duties with the intent to ensure that--
       (A) each uniformed services voter receives the utmost 
     consideration and cooperation when voting; and
       (B) each valid ballot cast by such a voter is duly counted.
       (b) Uniformed Services Voter Defined.--In this section, the 
     term ``uniformed services voter'' means--
       (1) a member of a uniformed service (as defined in section 
     101(a)(5) of title 10, United States Code) in active service;
       (2) a member of the merchant marine (as defined in section 
     107 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6)); and
       (3) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.

     SEC. __42. UNIFORM NONDISCRIMINATORY VOTING STANDARDS FOR 
                   ADMINISTRATION OF ELECTIONS UNDER STATE AND 
                   LOCAL ELECTION SYSTEMS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1) is amended--
       (1) by inserting ``(a) Elections for Federal Offices.--'' 
     before ``Each State shall--''; and
       (2) by adding at the end the following new subsection (c):
       ``(c) General Principles for Voting by Overseas and Absent 
     Uniformed Service Voters.--(1) A State shall ensure that each 
     voting system used within the State for elections for 
     Federal, State, and local offices provides overseas voters 
     and absent uniformed service voters with a meaningful 
     opportunity to exercise their voting rights as citizens of 
     the United States.
       ``(2) A State shall count an absentee ballot for an 
     election for Federal, State, or local office that is timely 
     submitted by an overseas voter or absent uniformed service 
     voter to the proper official of the State and is otherwise 
     valid.''.

     SEC. __43. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at 
     the end the following:
       ``Sec. 704. (a) For purposes of voting for any Federal 
     office (as defined in section 301

[[Page S10090]]

     of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) 
     or a State or local office, a person who is absent from a 
     State in compliance with military or naval orders shall not, 
     solely by reason of that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

     SEC. __44. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR 
                   ABSENT UNIFORMED SERVICES VOTERS TO STATE AND 
                   LOCAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section __42, is further amended by inserting after 
     subsection (a) the following new subsection (b):
       ``(b) Elections for State and Local Offices.--Each State 
     shall--
       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and vote by absentee ballot 
     in general, special, primary, and runoff elections for State 
     and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the date of 
     the election.''.
       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking ``FOR FEDERAL OFFICE''.

     SEC. __45. USE OF SINGLE APPLICATION AS A SIMULTANEOUS 
                   ABSENTEE VOTER REGISTRATION APPLICATION AND 
                   ABSENTEE BALLOT APPLICATION.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as 
     redesignated by section __42(1), is further amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) accept and process the official post card form 
     (prescribed under section 101) as a simultaneous absentee 
     voter registration application and absentee ballot 
     application; and''.

     SEC. __46. USE OF SINGLE APPLICATION FOR ABSENTEE BALLOTS FOR 
                   ALL FEDERAL ELECTIONS.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section __45, is further amended by inserting after 
     paragraph (4) the following new paragraph (5):
       ``(5) accept and process, with respect to all general, 
     special, primary, and runoff elections for Federal office 
     occurring during a year, any otherwise valid absentee ballot 
     application from an absent uniformed services voter or 
     overseas voter, if a single application for any such election 
     is received by the appropriate State election official not 
     less than 30 days before the first election for Federal 
     office occurring during the year.''.

     SEC. __47. ELECTRONIC VOTING DEMONSTRATION PROJECT.

       (a) In General.--The Secretary of Defense shall carry out a 
     demonstration project under which absent uniformed services 
     voters (as defined in section 107(1) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     6(1))) are permitted to cast ballots in the regularly 
     scheduled general election for Federal office for November 
     2002, through an electronic voting system.
       (b) Coordination With State Election Officials.--To the 
     greatest extent practicable, the Secretary of Defense shall 
     carry out the demonstration project under this section 
     through cooperative agreements with State election officials.
       (c) Report to Congress.--Not later than June 1, 2003, the 
     Secretary of Defense shall submit a report to Congress 
     analyzing the demonstration project conducted under this 
     section, and shall include in the report any recommendations 
     the Secretary of Defense considers appropriate for continuing 
     the project on an expanded basis during the next regularly 
     scheduled general election for Federal office.

     SEC. __48. FEDERAL VOTING ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Defense shall promulgate 
     regulations to require each of the Armed Forces to ensure 
     their compliance with any directives issued by the Secretary 
     of Defense in implementing the Federal Voting Assistance 
     Program (referred to in this section as the ``Program'') or 
     any similar program.
       (b) Review and Report.--(1) The Inspector General of each 
     of the Armed Forces shall--
       (A) conduct an annual review of the effectiveness of the 
     Program or any similar program;
       (B) conduct an annual review of the compliance with the 
     Program or any similar program of the branch; and
       (C) submit an annual report to the Inspector General of the 
     Department of Defense on the results of the reviews under 
     subparagraphs (A) and (B).
       (2) Not later than March 31, 2003, and annually thereafter, 
     the Inspector General of the Department of Defense shall 
     submit a report to Congress on--
       (A) the effectiveness of the Program or any similar 
     program; and
       (B) the level of compliance with the Program or any similar 
     program of the branches of the Armed Forces.

                       Subtitle E--Miscellaneous

     SEC. __51. RELATIONSHIP TO OTHER LAWS.

       (a) In General.--Nothing in this title may be construed to 
     authorize or require conduct prohibited under the following 
     laws, or supersede, restrict, or 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 Voting Accessibility for the Elderly and 
     Handicapped Act (42 U.S.C. 1973ee et seq.).
       (4) The Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.).
       (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     1994 et seq.).
       (b) No Effect on Preclearance or Other Requirements Under 
     Voting Rights Act.--The approval by the Attorney General of a 
     State's application for a grant under subtitle B, or any 
     other action taken by the Attorney General or a State under 
     such subtitle, shall not be considered to have any effect on 
     requirements for preclearance under section 5 of the Voting 
     Rights Act of 1965 or any other requirements of such Act.
                                  ____

  SA 1830. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 1754 submitted by Mr. Allard and intended to be proposed 
to the bill (S. 1438) to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In the matter proposed to be inserted, on page 2, between 
     lines 18 and 19, insert the following:
       (e) Sense of the Senate.--It is the sense of the Senate 
     that all eligible American voters, regardless of race, 
     ethnicity, disability, the language they speak, or the 
     resources of the community in which they live, should have an 
     equal opportunity to east a vote and an equal opportunity to 
     have that vote counted.
                                  ____

  SA 1831. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 1754 submitted by Mr. Allard and intended to be proposed 
to the bill (S. 1438) to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

              TITLE __--EQUAL PROTECTION OF VOTING RIGHTS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Equal Protection of Voting 
     Rights Act of 2001''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is a fundamental and incontrovertible 
     right under the Constitution.
       (2) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the right 
     to vote is a fundamental right under the Constitution.
       (3) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the 
     United States is a democratic Government ``of the people, by 
     the people, and for the people'' where every vote counts.
       (4) There is a need for Congress to encourage and enable 
     every eligible American to vote by eliminating procedural, 
     physical, and technological obstacles to voting.
       (5) There is a need to counter discrimination in voting by 
     removing barriers to the exercise of the constitutionally 
     protected right to vote.
       (6) There is a concern that persons with disabilities and 
     impairments face difficulties in voting.
       (7) There are practices designed to purge illegal voters 
     from voter rolls which result in the elimination of legal 
     voters as well.
       (8) State governments have already begun to examine ways to 
     improve the administration of elections and to modernize 
     mechanisms and machinery for voting.
       (9) Congress has authority under section 4 of article I of 
     the Constitution of the United States, section 5 of the 14th 
     amendment to the Constitution of the United States, and 
     section 2 of the 15th amendment to the Constitution of the 
     United States to enact legislation to address the equal 
     protection violations that may be caused by outdated voting 
     systems.

[[Page S10091]]

       (10) Congress has an obligation to ensure that the 
     necessary resources are available to States and localities to 
     improve election technology and election administration and 
     to ensure the integrity of and full participation of all 
     Americans in the democratic elections process.

         Subtitle A--Commission on Voting Rights and Procedures

     SEC. __11. ESTABLISHMENT OF THE COMMISSION ON VOTING RIGHTS 
                   AND PROCEDURES.

       There is established the Commission on Voting Rights and 
     Procedures (in this subtitle referred to as the 
     ``Commission'').

     SEC. __12. MEMBERSHIP OF THE COMMISSION.

       (a) Number and Appointment.--The Commission shall be 
     composed of 12 members of whom:
       (1) 6 members shall be appointed by the President;
       (2) 3 members shall be appointed by the Minority Leader of 
     the Senate (or, if the Minority Leader is a member of the 
     same political party as the President, by the Majority Leader 
     of the Senate); and
       (3) 3 members shall be appointed by the Minority Leader of 
     the House of Representatives (or, if the Minority Leader is a 
     member of the same political party as the President, by the 
     Majority Leader of the House of Representatives).
       (b) Qualifications.--Each member appointed under subsection 
     (a) shall be chosen on the basis of--
       (1) experience with, and knowledge of--
       (A) election law;
       (B) election technology;
       (C) Federal, State, or local election administration;
       (D) the Constitution; or
       (E) the history of the United States; and
       (2) integrity, impartiality, and good judgment.
       (c) Period of Appointment; Vacancies.--
       (1) Period of appointment.--Each member shall be appointed 
     for the life of the Commission.
       (2) Vacancies.--
       (A) In general.--A vacancy in the Commission shall not 
     affect its powers.
       (B) Manner of replacement.--Not later than 60 days after 
     the date of the vacancy, a vacancy on the Commission shall be 
     filled in same manner as the original appointment was made 
     and shall be subject to any conditions which applied with 
     respect to the original appointment.
       (d) Chairperson; Vice Chairperson.--
       (1) In general.--The Commission 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.
       (e) Date of Appointment.--The appointments of the members 
     of the Commission shall be made not later than the date that 
     is 45 days after the date of enactment of this title.
       (f) Meetings.--
       (1) In general.--The Commission shall meet at the call of 
     the chairperson.
       (2) Initial meeting.--Not later than 20 days after the date 
     on which all the members of the Commission have been 
     appointed, the Commission shall hold its first meeting.
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Voting.--Each action of the Commission shall be 
     approved by a majority vote of the entire Commission. Each 
     member shall have 1 vote.

     SEC. __13. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--The Commission shall conduct a thorough 
     study of--
       (A) election technology and systems;
       (B) designs of ballots and the uniformity of ballots;
       (C) access to ballots and polling places, including timely 
     notice of voting locations and matters relating to access 
     for--
       (i) voters with disabilities;
       (ii) voters with visual impairments;
       (iii) voters with limited English language proficiency;
       (iv) voters who need assistance in order to understand the 
     voting process or how to cast a ballot; and
       (v) other voters with special needs;
       (D) the effect of the capacity of voting systems on the 
     efficiency of election administration, including how the 
     number of ballots which may be processed by a single machine 
     over a period of time affects the number of machines needed 
     to carry out an election at a particular polling place and 
     the number of polling places and other facilities necessary 
     to serve the voters;
       (E) voter registration and maintenance of voter rolls, 
     including the use of provisional voting and standards for 
     reenfranchisement of voters;
       (F) alternative voting methods;
       (G) voter intimidation, both real and perceived;
       (H) accuracy of voting, election procedures, and election 
     technology;
       (I) voter education;
       (J) election personnel and volunteer training;
       (K)(i) the implementation of title I of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 
     seq.) and the amendments made by title II of that Act by--
       (I) the Secretary of Defense, acting as the Presidential 
     designee under section 101 of that Act (42 U.S.C. 1973ff);
       (II) each other Federal Government official having 
     responsibilities under that Act; and
       (III) each State; and
       (ii) whether any legislative or administrative action is 
     necessary to provide a meaningful opportunity for each absent 
     uniformed services voter (as defined in section 107(1) of 
     that Act (42 U.S.C. 1973ff-6(1))) and each overseas voter (as 
     defined in section 107(5) of that Act (42 U.S.C. 1973ff-
     6(5))) to register to vote and vote in elections for Federal 
     office;
       (L) the feasibility and advisability of establishing the 
     date on which elections for Federal office are held as a 
     Federal or State holiday;
       (M) the feasibility and advisability of establishing 
     modified polling place hours, and the effects thereof; and
       (N)(i) how the Federal Government can, on a permanent 
     basis, best provide ongoing assistance to State and local 
     authorities to improve the administration of elections for 
     Federal office;
       (ii) how the requirements for voting systems, provisional 
     voting, and sample ballots described in section __31 can, on 
     a permanent basis, best be administered; and
       (iii) whether an existing or a new Federal agency should 
     provide such assistance.
       (2) Website.--In addition to any other publication 
     activities the Commission may be required to carry out, for 
     purposes of conducting the study under this subsection the 
     Commission shall establish an Internet website to facilitate 
     public comment and participation.
       (b) Recommendations.--
       (1) Recommendations of best practices in voting and 
     election administration.--The Commission shall develop 
     specific recommendations with respect to the matters studied 
     under subsection (a) that identify those methods of voting 
     and administering elections studied by the Commission that 
     would--
       (A) be convenient, accessible, nondiscriminatory, and easy 
     to use for voters in elections for Federal office, including 
     voters with disabilities, voters with visual impairments, 
     absent uniformed services voters, overseas voters, and other 
     voters with special needs, including voters with limited 
     English proficiency or who otherwise need assistance in order 
     to understand the voting process or to cast a ballot;
       (B) yield the broadest participation; and
       (C) produce accurate results.
       (2) Recommendations for providing assistance in federal 
     elections.--The Commission shall develop specific 
     recommendations with respect to the matters studied under 
     subsection (a)(1)(N) on how the Federal Government can, on a 
     permanent basis, best provide ongoing assistance to State and 
     local authorities to improve the administration of elections 
     for Federal office, and identify whether an existing or a new 
     Federal agency should provide such assistance.
       (3) Recommendations for voter participation in federal 
     elections.--The Commission shall develop specific 
     recommendations with respect to the matters studied under 
     subsection (a) on methods--
       (A) to increase voter registration;
       (B) to increase the accuracy of voter rolls and 
     participation and inclusion of legal voters;
       (C) to improve voter education; and
       (D) to improve the training of election personnel and 
     volunteers.
       (4) Consistency with election technology and administration 
     requirements.--The Commission shall ensure that the specific 
     recommendations developed under this subsection are 
     consistent with the uniform and nondiscriminatory election 
     technology and administration requirements under section 
     __31.
       (c) Reports.--
       (1) Interim reports.--Not later than the date on which the 
     Commission submits the final report under paragraph (2), the 
     Commission may submit to the President and Congress such 
     interim reports as a majority of the members of the 
     Commission determine appropriate.
       (2) Final report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this title, the Commission shall submit to the 
     President and Congress a final report that has received the 
     approval of a majority of the members of the Commission.
       (B) Content.--The final report shall contain--
       (i) a detailed statement of the findings and conclusions of 
     the Commission on the matters studied under subsection (a);
       (ii) a detailed statement of the recommendations developed 
     under subsection (b) which received a majority vote of the 
     members of the Commission; and
       (iii) any dissenting or minority opinions of the members of 
     the Commission.

     SEC. __14. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission or, at its direction, any 
     subcommittee or member of the Commission, may, for the 
     purpose of carrying out this subtitle--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Commission (or such subcommittee or 
     member) considers advisable.

[[Page S10092]]

       (b) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Any subpoena issued under subsection (a) 
     shall be issued by the chairperson and vice chairperson of 
     the Commission acting jointly. Each subpoena shall bear the 
     signature of the chairperson of the Commission and shall be 
     served by any person or class of persons designated by the 
     chairperson for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (c) Witness Allowances and Fees.--Section 1821 of title 28, 
     United States Code, shall apply to witnesses requested or 
     subpoenaed to appear at any hearing of the Commission. The 
     per diem and mileage allowances for witnesses shall be paid 
     from funds available to pay the expenses of the Commission.
       (d) 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 subtitle. Upon request of the chairperson and vice 
     chairperson of the Commission, acting jointly, the head of 
     such department or agency shall furnish such information to 
     the Commission.
       (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 and vice chairperson of the Commission, 
     acting jointly, 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 subtitle.
       (g) Gifts and Donations.--The Commission may accept, use, 
     and dispose of gifts or donations of services or property to 
     carry out this subtitle.
       (h) Application of Federal Advisory Committee Act.--Except 
     as otherwise provided in this subtitle, the Commission shall 
     be subject to the requirements of the Federal Advisory 
     Committee Act (5 U.S.C. App.).

     SEC. __15. 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 and vice chairperson of 
     the Commission, acting jointly, 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 and vice chairperson of 
     the Commission, acting jointly, 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 and vice chairperson of the Commission, 
     acting jointly, 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. __16. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 45 days after the date on 
     which the Commission submits its final report and 
     recommendations under section __13(c)(2).

     SEC. __17. AUTHORIZATION OF APPROPRIATIONS FOR THE 
                   COMMISSION.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the purposes of 
     this subtitle.
       (b) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.

 Subtitle B--Election Technology and Administration Improvement Grant 
                                Program

     SEC. __21. ESTABLISHMENT OF GRANT PROGRAM.

       (a) In General.--The Attorney General, subject to the 
     general policies and criteria for the approval of 
     applications established under section __23 and in 
     consultation with the Federal Election Commission, is 
     authorized to make grants to States and localities to pay the 
     Federal share of the costs of the activities described in 
     section __22.
       (b) Action Through Office of Justice Programs and Assistant 
     Attorney General for Civil Rights.--In carrying out this 
     subtitle, the Attorney General shall act through the 
     Assistant Attorney General for the Office of Justice Programs 
     and the Assistant Attorney General for the Civil Rights 
     Division.

     SEC. __22. AUTHORIZED ACTIVITIES.

       (a) In General.--A State or locality may use grant payments 
     received under this subtitle--
       (1) to improve, acquire, or replace voting equipment or 
     technology and improve the accessibility of polling places, 
     including providing physical access for persons with 
     disabilities and to other individuals with special needs, and 
     nonvisual access for voters with visual impairments, and 
     assistance to voters with limited proficiency in the English 
     language;
       (2) to implement new election administration procedures to 
     increase voter participation and reduce disenfranchisement, 
     such as ``same-day'' voter registration procedures;
       (3) to educate voters concerning voting procedures, voting 
     rights or voting technology, and to train election personnel; 
     or
       (4) upon completion of the final report under section 
     __13(c)(2), to implement recommendations contained in such 
     report under section __13(c)(2)(B)(ii).
       (b) Requirements for Election Technology and 
     Administration.--A State or locality may use grant payments 
     received under this subtitle--
       (1) on or after the date on which the voting system 
     requirements specifications are issued under section __32(a), 
     to implement the requirements under section __31(a);
       (2) on or after the date on which the provisional voting 
     requirements guidelines are issued under section __32(b), to 
     implement the requirements under section __31(b); and
       (3) on or after the date on which the sample ballot 
     requirements guidelines are issued under section __32(c), to 
     implement the requirements under section __31(c).

     SEC. __23. GENERAL POLICIES AND CRITERIA FOR THE APPROVAL OF 
                   APPLICATIONS OF STATES AND LOCALITIES; 
                   REQUIREMENTS OF STATE PLANS.

       (a) General Policies.--The Attorney General shall establish 
     general policies with respect to the approval of applications 
     of States and localities, the awarding of grants, and the use 
     of assistance made available under this subtitle.
       (b) Criteria.--
       (1) In general.--The Attorney General shall establish 
     criteria with respect to the approval of applications of 
     States and localities submitted under section __24, including 
     the requirements for State plans under paragraph (2).
       (2) Requirements of state plans.--The Attorney General 
     shall not approve an application of a State unless the State 
     plan of that State provides for each of the following:
       (A) Uniform nondiscriminatory voting standards within the 
     State for election administration and technology that--
       (i) meet the requirements for voting systems, provisional 
     voting, and sample ballots described in section __31;
       (ii) provide for ease and convenience of voting for all 
     voters, including accuracy, nonintimidation, and 
     nondiscrimination;
       (iii) ensure conditions for voters with disabilities, 
     including nonvisual access for voters with visual 
     impairments, provide the same opportunity for access and 
     participation by such voters, including privacy and 
     independence;
       (iv) ensure access for voters with limited English language 
     proficiency, voters who need assistance in order to 
     understand the voting process or how to cast a ballot, and 
     other voters with special needs;
       (v) ensure compliance with the Voting Accessibility for the 
     Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.);
       (vi) ensure 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);
       (vii) ensure compliance with the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg et seq.); and
       (viii) ensure that overseas voters and absent uniformed 
     service voters (as such terms are defined in section 107 of 
     the Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-6)) have a meaningful opportunity to exercise 
     their voting rights as citizens of the United States.
       (B) Accuracy of the records of eligible voters in the 
     States to ensure that legally registered voters appear in 
     such records and prevent any purging of such records to 
     remove illegal voters that result in the elimination of legal 
     voters as well.

[[Page S10093]]

       (C) Voter education programs regarding the right to vote 
     and methodology and procedures for participating in elections 
     and training programs for election personnel and volunteers, 
     including procedures to carry out subparagraph (D).
       (D) An effective method of notifying voters at polling 
     places on the day of election of basic voting procedures to 
     effectuate their vote as provided for in State and Federal 
     law.
       (E) A timetable for meeting the elements of the plan.
       (3) Consistency with election technology and administration 
     requirements.--The criteria established by the Attorney 
     General under this subsection and the State plans required 
     under this subsection shall be consistent with the uniform 
     and nondiscriminatory election technology and administration 
     requirements under section __31.
       (c) Consultation.--In establishing the general policies and 
     criteria under this section, the Attorney General shall 
     consult with the Federal Election Commission.

     SEC. __24. SUBMISSION OF APPLICATIONS OF STATES AND 
                   LOCALITIES.

       (a) Submission of Applications by States.--
       (1) In general.--Subject to paragraph (3), the chief 
     executive officer of each State desiring to receive a grant 
     under this subtitle shall submit an application to the 
     Attorney General at such time, in such manner, and 
     accompanied by such additional information as the Attorney 
     General, in consultation with the Federal Election 
     Commission, may reasonably require.
       (2) Contents of applications.--Each application submitted 
     under paragraph (1) shall include the following:
       (A) State plan.--A State plan that--
       (i) is developed in consultation with State and local 
     election officials;
       (ii) describes the activities authorized under section __22 
     for which assistance under this subtitle is sought; and
       (iii) contains a detailed explanation of how the State will 
     comply with the requirements described in section __23(b).
       (B) Compliance with federal matching requirements.--An 
     assurance that the State will pay the non-Federal share of 
     the costs of the activities for which assistance is sought 
     from non-Federal sources that may be accompanied by a request 
     for a waiver of the matching requirements under section 
     __26(b)(2).
       (C) Additional assurances.--Such additional assurances as 
     the Attorney General, in consultation with the Federal 
     Election Commission, determines to be essential to ensure 
     compliance with the requirements of this subtitle.
       (3) Availability of state plans for review and comment.--A 
     State submitting an application under this section shall make 
     the State plan proposed to be included in that application 
     available to the public for review and comment prior to the 
     submission of the application.
       (b) Submission of Applications by Localities.--
       (1) In general.--If a State has submitted an application 
     under subsection (a), a locality of that State may submit an 
     application for assistance to the Attorney General at such 
     time, in such manner, and accompanied by such additional 
     information as the Attorney General, in consultation with the 
     Federal Election Commission, may reasonably require.
       (2) Contents of applications.--Each application submitted 
     by a locality under paragraph (1) shall include the 
     following:
       (A) Consistency with state plan.--Information similar to 
     the information required to be submitted under the State plan 
     under subsection (a)(2)(A) that is not inconsistent with that 
     plan.
       (B) Nonduplication of effort.--Assurances that any 
     assistance directly provided to the locality under this 
     subtitle is not available to that locality through the State.
       (C) Compliance with federal matching requirements.--A 
     description of how the locality will pay the non-Federal 
     share from non-Federal sources that may be accompanied by a 
     request for a waiver of the matching requirements under 
     section __26(b)(2).
       (D) Additional assurances.--Such additional assurances as 
     the Attorney General, in consultation with the Federal 
     Election Commission, determines to be essential to ensure 
     compliance with the requirements of this subtitle.

     SEC. __25. APPROVAL OF APPLICATIONS OF STATES AND LOCALITIES.

       (a) Approval of State Applications.--
       (1) In general.--The Attorney General, in consultation with 
     the Federal Election Commission, shall approve applications 
     in accordance with the general policies and criteria for the 
     approval of applications established under section __23.
       (2) Publication of state plans and solicitation of 
     comments.--After receiving an application of a State 
     submitted under section __24(a)(1), the Attorney General 
     shall publish the State plan contained in that application in 
     the Federal Register and solicit comments on the plan from 
     the public. The publication of and the solicitation of 
     comments on such a plan pursuant to this subsection shall not 
     be treated as an exercise of rulemaking authority by the 
     Attorney General for purposes of subchapter II of chapter 5 
     of title 5, United States Code.
       (3) Approval.--At any time after the expiration of the 30-
     day period which begins on the date the State plan is 
     published in the Federal Register under subsection (a), and 
     taking into consideration any comments received under such 
     subsection, the Attorney General, in consultation with the 
     Federal Election Commission, shall approve or disapprove the 
     application that contains the State plan published under 
     paragraph (2) in accordance with the general policies and 
     criteria established under section __23.
       (b) Approval of Applications of Localities.--If the 
     Attorney General has approved the application of a State 
     under subsection (a), the Attorney General, in consultation 
     with the Federal Election Commission, may approve an 
     application submitted by a locality of that State under 
     section __24(b) in accordance with the general policies and 
     criteria established under section __23.

     SEC. __26. FEDERAL MATCHING FUNDS.

       (a) Payments.--The Attorney General shall pay to each State 
     or locality having an application approved under section __25 
     the Federal share of the cost of the activities described in 
     that application.
       (b) Federal Share.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), 
     for purposes of subsection (a), the Federal share shall be 80 
     percent.
       (2) Waiver.--The Attorney General may specify a Federal 
     share greater than 80 percent under terms and conditions 
     consistent with this subtitle.
       (3) Incentive for early action.--For any recipient of a 
     grant whose application was received prior to March 1, 2002, 
     the Federal share shall be 90 percent.
       (4) Reimbursement for cost of meeting requirements.--With 
     respect to the authorized activities described in section 
     __22(b) insofar as a State or locality incurs expenses to 
     meet the requirements of section __31, the Federal share 
     shall be 100 percent.
       (c) Non-Federal Share.--The non-Federal share of payments 
     under this subtitle may be in cash or in kind fairly 
     evaluated, including planned equipment or services.

     SEC. __27. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.

       (a) Recordkeeping Requirement.--Each recipient of a grant 
     under this subtitle shall keep such records as the Attorney 
     General, in consultation with the Federal Election 
     Commission, shall prescribe.
       (b) Audit and Examination.--The Attorney General and the 
     Comptroller General, or any authorized representative of the 
     Attorney General or the Comptroller General, shall audit any 
     recipient of a grant under this subtitle and shall have 
     access to any record of a recipient of a grant under this 
     subtitle that the Attorney General or the Comptroller General 
     determines may be related to a grant received under this 
     subtitle for the purpose of conducting an audit or 
     examination.

     SEC. __28. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.

       (a) Reports to Congress.--Not later than January 31, 2003, 
     and each year thereafter, the Attorney General shall submit 
     to the President and Congress a report on the program under 
     this subtitle for the preceding year. Each report shall 
     contain the following:
       (1) A description and analysis of any activities funded by 
     a grant awarded under this subtitle.
       (2) Any recommendation for legislative or administrative 
     action that the Attorney General considers appropriate.
       (b) Reports to the Attorney General.--The Attorney General 
     shall require each recipient of a grant under this subtitle 
     to submit reports to the Attorney General, at such time, in 
     such manner, and containing such information as the Attorney 
     General considers appropriate.

     SEC. __29. DEFINITIONS OF STATE AND LOCALITY.

       In this subtitle:
       (1) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, American Samoa, Guam, and the United States Virgin 
     Islands.
       (2) Locality.--The term ``locality'' means a political 
     subdivision of a State.

     SEC. __30. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of Justice such sums as may be necessary for 
     each of fiscal years 2002, 2003, 2004, 2005, and 2006.
       (2) Use of amounts.--Amounts appropriated under paragraph 
     (1) shall be for the purpose of--
       (A) awarding grants under this title; and
       (B) paying for the costs of administering the program to 
     award such grants.
       (3) Federal election commission.--There are authorized to 
     be appropriated to the Federal Election Commission for each 
     of fiscal years 2002, 2003, 2004, 2005, and 2006 such sums as 
     may be necessary for the purpose of carrying out the 
     provisions of this title.
       (b) Limitation.--Not more than 1 percent of any sums 
     appropriated under paragraph (1) of subsection (a) may be 
     used to pay for the administrative costs described in 
     paragraph (2)(B) of such subsection.

  Subtitle C--Requirements for Election Technology and Administration

     SEC. __31. UNIFORM AND NONDISCRIMINATORY REQUIREMENTS FOR 
                   ELECTION TECHNOLOGY AND ADMINISTRATION.

       (a) Voting Systems.--Each voting system used in an election 
     for Federal office shall meet the following requirements:
       (1) The voting system shall permit the voter to verify the 
     votes selected by the

[[Page S10094]]

     voter on a ballot before the ballot is cast and tabulated, 
     and shall provide the voter with the opportunity to correct 
     any error before the ballot is cast and tabulated.
       (2) If the voter selects votes for more than one candidate 
     for a single office, the voting system shall notify the voter 
     before the ballot is cast and tabulated of the effect of 
     casting multiple votes for the office, and shall provide the 
     voter with the opportunity to correct the ballot before the 
     ballot is cast and tabulated.
       (3) If the voter selects votes for fewer than the number of 
     candidates for which votes may be cast, the voting system 
     shall notify the voter before the ballot is cast and 
     tabulated of the effect of such selection, and shall provide 
     the voter with the opportunity to correct the ballot before 
     the ballot is cast and tabulated.
       (4) The voting system shall produce a record with an audit 
     capacity for each ballot cast.
       (5) The voting system shall be accessible for individuals 
     with disabilities and other individuals with special needs, 
     including providing nonvisual accessibility for the blind and 
     visually impaired, which provides the same opportunity for 
     access and participation (including privacy and independence) 
     as for other voters, and shall provide alternative language 
     accessibility for individuals with limited proficiency in the 
     English language.
       (6) The error rate of a voting system in counting and 
     tabulating ballots (determined by taking into account only 
     those errors which are attributable to the voting system and 
     not attributable to the act of the voter) shall not exceed 
     the error rate standards as established in the national 
     Voting Systems Standards issued and maintained by the Office 
     of Election Administration of the Federal Election Commission 
     in effect on the date of enactment of this title and shall 
     not be inconsistent with respect to the requirements under 
     this section.
       (b) Provisional Voting.--If the name of an individual who 
     declares to be a registrant eligible to vote at a polling 
     place in an election for Federal office does not appear on 
     the official list of registrants eligible to vote at the 
     polling place, or it is otherwise asserted by an election 
     official that the individual is not eligible to vote at the 
     polling place--
       (1) an election official at the polling place shall notify 
     the individual that the individual may cast a provisional 
     ballot in the election;
       (2) the individual shall be permitted to cast a vote at 
     that polling place upon written affirmation by the individual 
     before an election official at that polling place that the 
     individual is so eligible;
       (3) an election official at the polling place shall 
     transfer the ballot cast by the individual to an appropriate 
     State or local election official for prompt verification of 
     the declaration made by the individual in the affirmation 
     required under paragraph (2);
       (4) if the appropriate State or local election official 
     verifies the declaration made by the individual in the 
     affirmation, the individual's vote shall be tabulated; and
       (5) the appropriate State or local election official shall 
     notify the individual in writing of the final disposition of 
     the individual's affirmation and the treatment of the 
     individual's vote.
       (c) Sample Ballot.--
       (1) Mailings to voters.--Not later than 10 days prior to 
     the date of an election for Federal office, the appropriate 
     election official shall mail to each individual who is 
     registered to vote in such election a sample version of the 
     ballot which will be used for the election together with--
       (A) information regarding the date of the election and the 
     hours during which polling places will be open;
       (B) instructions on how to cast a vote on the ballot; and
       (C) general information on voting rights under Federal and 
     applicable State laws and instructions on how to contact the 
     appropriate officials if these rights are alleged to be 
     violated.
       (2) Publication and posting.--The sample version of the 
     ballot which will be used for an election for Federal office 
     and which is mailed under paragraph (1) shall be published in 
     a newspaper of general circulation in the applicable 
     geographic area not later than 10 days prior to the date of 
     the election, and shall be posted publicly at each polling 
     place on the date of the election.

     SEC. __32. GUIDELINES AND TECHNICAL SPECIFICATIONS.

       (a) Voting Systems Requirement Specifications.--In 
     accordance with the requirements of this subtitle regarding 
     technical specifications, the Office of Election 
     Administration of the Federal Election Commission shall 
     develop national Voting Systems Specifications with respect 
     to the voting systems requirement provided under section 
     __31(a).
       (b) Provisional Voting Guidelines.--In accordance with the 
     requirements of this subtitle regarding provisional voting, 
     the Civil Rights Division of the Department of Justice shall 
     develop initial guidelines with respect to the provisional 
     voting requirement provided for under section __31(b).
       (c) Sample Ballot Guidelines.--In accordance with the 
     requirements of this subtitle regarding sample ballots, the 
     Civil Rights Division of the Department of Justice shall 
     develop initial guidelines with respect to the sample ballot 
     requirement provided for under section __31(c).

     SEC. __33. REQUIRING STATES TO MEET REQUIREMENTS.

       (a) In General.--Subject to subsection (b), a State or 
     locality shall meet the requirements of section __31 with 
     respect to the regularly scheduled election for Federal 
     office held in the State in 2004 and each subsequent election 
     for Federal office held in the State, except that a State is 
     not required to meet the guidelines and technical 
     specifications under section __32 prior to the publication of 
     such guidelines and specifications.
       (b) Treatment of Activities Relating to Voting Systems 
     Under Grant Program.--To the extent that a State has used 
     funds provided under the Election Technology and 
     Administration Improvement grant program under section 
     __22(a) to purchase or modify voting systems in accordance 
     with the State plan contained in its approved application 
     under such program, the State shall be deemed to meet the 
     requirements of section __31(a).

     SEC. __34. ENFORCEMENT BY ATTORNEY GENERAL.

       (a) In General.--The Attorney General may bring a civil 
     action in an appropriate district court for such relief 
     (including declaratory or injunctive relief) as may be 
     necessary to carry out this subtitle.
       (b) Action Through Office of Civil Rights.--The Attorney 
     General shall carry out this section through the Office of 
     Civil Rights of the Department of Justice.
       (c) Relation to Other Laws.--The remedies established by 
     this section are in addition to all other rights and remedies 
     provided by law.

             Subtitle D--Uniformed Services Overseas Voting

     SEC. __41. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF 
                   VOTING BY MEMBERS OF THE UNIFORMED SERVICES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that each administrator of a Federal, State, or local 
     election should--
       (1) be aware of the importance of the ability of each 
     uniformed services voter to exercise their right to vote; and
       (2) perform their duties with the intent to ensure that--
       (A) each uniformed services voter receives the utmost 
     consideration and cooperation when voting; and
       (B) each valid ballot cast by such a voter is duly counted.
       (b) Uniformed Services Voter Defined.--In this section, the 
     term ``uniformed services voter'' means--
       (1) a member of a uniformed service (as defined in section 
     101(a)(5) of title 10, United States Code) in active service;
       (2) a member of the merchant marine (as defined in section 
     107 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6)); and
       (3) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.

     SEC. __42. UNIFORM NONDISCRIMINATORY VOTING STANDARDS FOR 
                   ADMINISTRATION OF ELECTIONS UNDER STATE AND 
                   LOCAL ELECTION SYSTEMS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1) is amended--
       (1) by inserting ``(a) Elections for Federal Offices.--'' 
     before ``Each State 
     shall--''; and
       (2) by adding at the end the following new subsection (c):
       ``(c) General Principles for Voting by Overseas and Absent 
     Uniformed Service Voters.--(1) A State shall ensure that each 
     voting system used within the State for elections for 
     Federal, State, and local offices provides overseas voters 
     and absent uniformed service voters with a meaningful 
     opportunity to exercise their voting rights as citizens of 
     the United States.
       ``(2) A State shall count an absentee ballot for an 
     election for Federal, State, or local office that is timely 
     submitted by an overseas voter or absent uniformed service 
     voter to the proper official of the State and is otherwise 
     valid.''.

     SEC. __43. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at 
     the end the following:
       ``Sec. 704. (a) For purposes of voting for any Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)) or a State or local 
     office, a person who is absent from a State in compliance 
     with military or naval orders shall not, solely by reason of 
     that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

[[Page S10095]]

     SEC. __44. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR 
                   ABSENT UNIFORMED SERVICES VOTERS TO STATE AND 
                   LOCAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section __42, is further amended by inserting after 
     subsection (a) the following new subsection (b):
       ``(b) Elections for State and Local Offices.--Each State 
     shall--
       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and vote by absentee ballot 
     in general, special, primary, and runoff elections for State 
     and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the date of 
     the election.''.
       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking ``FOR FEDERAL OFFICE''.

     SEC. __45. USE OF SINGLE APPLICATION AS A SIMULTANEOUS 
                   ABSENTEE VOTER REGISTRATION APPLICATION AND 
                   ABSENTEE BALLOT APPLICATION.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as 
     redesignated by section __42(1), is further amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) accept and process the official post card form 
     (prescribed under section 101) as a simultaneous absentee 
     voter registration application and absentee ballot 
     application; and''.

     SEC. __46. USE OF SINGLE APPLICATION FOR ABSENTEE BALLOTS FOR 
                   ALL FEDERAL ELECTIONS.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section __45, is further amended by inserting after 
     paragraph (4) the following new paragraph (5):
       ``(5) accept and process, with respect to all general, 
     special, primary, and runoff elections for Federal office 
     occurring during a year, any otherwise valid absentee ballot 
     application from an absent uniformed services voter or 
     overseas voter, if a single application for any such election 
     is received by the appropriate State election official not 
     less than 30 days before the first election for Federal 
     office occurring during the year.''.

     SEC. __47. ELECTRONIC VOTING DEMONSTRATION PROJECT.

       (a) In General.--The Secretary of Defense shall carry out a 
     demonstration project under which absent uniformed services 
     voters (as defined in section 107(1) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     6(1))) are permitted to cast ballots in the regularly 
     scheduled general election for Federal office for November 
     2002, through an electronic voting system.
       (b) Coordination With State Election Officials.--To the 
     greatest extent practicable, the Secretary of Defense shall 
     carry out the demonstration project under this section 
     through cooperative agreements with State election officials.
       (c) Report to Congress.--Not later than June 1, 2003, the 
     Secretary of Defense shall submit a report to Congress 
     analyzing the demonstration project conducted under this 
     section, and shall include in the report any recommendations 
     the Secretary of Defense considers appropriate for continuing 
     the project on an expanded basis during the next regularly 
     scheduled general election for Federal office.

     SEC. __48. FEDERAL VOTING ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Defense shall promulgate 
     regulations to require each of the Armed Forces to ensure 
     their compliance with any directives issued by the Secretary 
     of Defense in implementing the Federal Voting Assistance 
     Program (referred to in this section as the ``Program'') or 
     any similar program.
       (b) Review and Report.--(1) The Inspector General of each 
     of the Armed Forces shall--
       (A) conduct an annual review of the effectiveness of the 
     Program or any similar program;
       (B) conduct an annual review of the compliance with the 
     Program or any similar program of the branch; and
       (C) submit an annual report to the Inspector General of the 
     Department of Defense on the results of the reviews under 
     subparagraphs (A) and (B).
       (2) Not later than March 31, 2003, and annually thereafter, 
     the Inspector General of the Department of Defense shall 
     submit a report to Congress on--
       (A) the effectiveness of the Program or any similar 
     program; and
       (B) the level of compliance with the Program or any similar 
     program of the branches of the Armed Forces.

                       Subtitle E--Miscellaneous

     SEC. __51. RELATIONSHIP TO OTHER LAWS.

       (a) In General.--Nothing in this title may be construed to 
     authorize or require conduct prohibited under the following 
     laws, or supersede, restrict, or 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 Voting Accessibility for the Elderly and 
     Handicapped Act (42 U.S.C. 1973ee et seq.).
       (4) The Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.).
       (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     1994 et seq.).
       (b) No Effect on Preclearance or Other Requirements Under 
     Voting Rights Act.--The approval by the Attorney General of a 
     State's application for a grant under subtitle B, or any 
     other action taken by the Attorney General or a State under 
     such subtitle, shall not be considered to have any effect on 
     requirements for preclearance under section 5 of the Voting 
     Rights Act of 1965 or any other requirements of such Act.
                                  ____

  SA 1832. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 1755 proposed by Mr. Allard to the bill (S. 1438) to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       In the matter proposed to be inserted, on page 2, between 
     lines 18 and 19, insert the following:
       (c) Sense of the Senate.--It is the sense of the Senate 
     that all eligible American voters, regardless of race, 
     ethnicity, disability, the language they speak, or the 
     resources of the community in which they live, should have an 
     equal opportunity to cast a vote and an equal opportunity to 
     have that vote counted.
                                  ____

  SA 1833. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 1755 proposed by Mr. Allard to the bill (S. 1438) to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

              TITLE __--EQUAL PROTECTION OF VOTING RIGHTS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Equal Protection of Voting 
     Rights Act of 2001''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is a fundamental and incontrovertible 
     right under the Constitution.
       (2) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the right 
     to vote is a fundamental right under the Constitution.
       (3) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the 
     United States is a democratic Government ``of the people, by 
     the people, and for the people'' where every vote counts.
       (4) There is a need for Congress to encourage and enable 
     every eligible American to vote by eliminating procedural, 
     physical, and technological obstacles to voting.
       (5) There is a need to counter discrimination in voting by 
     removing barriers to the exercise of the constitutionally 
     protected right to vote.
       (6) There is a concern that persons with disabilities and 
     impairments face difficulties in voting.
       (7) There are practices designed to purge illegal voters 
     from voter rolls which result in the elimination of legal 
     voters as well.
       (8) State governments have already begun to examine ways to 
     improve the administration of elections and to modernize 
     mechanisms and machinery for voting.
       (9) Congress has authority under section 4 of article I of 
     the Constitution of the United States, section 5 of the 14th 
     amendment to the Constitution of the United States, and 
     section 2 of the 15th amendment to the Constitution of the 
     United States to enact legislation to address the equal 
     protection violations that may be caused by outdated voting 
     systems.
       (10) Congress has an obligation to ensure that the 
     necessary resources are available to States and localities to 
     improve election technology and election administration and 
     to ensure the integrity of and full participation of all 
     Americans in the democratic elections process.

         Subtitle A--Commission on Voting Rights and Procedures

     SEC. __11. ESTABLISHMENT OF THE COMMISSION ON VOTING RIGHTS 
                   AND PROCEDURES.

       There is established the Commission on Voting Rights and 
     Procedures (in this subtitle referred to as the 
     ``Commission'').

     SEC. __12. MEMBERSHIP OF THE COMMISSION.

       (a) Number and Appointment.--The Commission shall be 
     composed of 12 members of whom:

[[Page S10096]]

       (1) 6 members shall be appointed by the President;
       (2) 3 members shall be appointed by the Minority Leader of 
     the Senate (or, if the Minority Leader is a member of the 
     same political party as the President, by the Majority Leader 
     of the Senate); and
       (3) 3 members shall be appointed by the Minority Leader of 
     the House of Representatives (or, if the Minority Leader is a 
     member of the same political party as the President, by the 
     Majority Leader of the House of Representatives).
       (b) Qualifications.--Each member appointed under subsection 
     (a) shall be chosen on the basis of--
       (1) experience with, and knowledge of--
       (A) election law;
       (B) election technology;
       (C) Federal, State, or local election administration;
       (D) the Constitution; or
       (E) the history of the United States; and
       (2) integrity, impartiality, and good judgment.
       (c) Period of Appointment; Vacancies.--
       (1) Period of appointment.--Each member shall be appointed 
     for the life of the Commission.
       (2) Vacancies.--
       (A) In general.--A vacancy in the Commission shall not 
     affect its powers.
       (B) Manner of replacement.--Not later than 60 days after 
     the date of the vacancy, a vacancy on the Commission shall be 
     filled in same manner as the original appointment was made 
     and shall be subject to any conditions which applied with 
     respect to the original appointment.
       (d) Chairperson; Vice Chairperson.--
       (1) In general.--The Commission 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.
       (e) Date of Appointment.--The appointments of the members 
     of the Commission shall be made not later than the date that 
     is 45 days after the date of enactment of this title.
       (f) Meetings.--
       (1) In general.--The Commission shall meet at the call of 
     the chairperson.
       (2) Initial meeting.--Not later than 20 days after the date 
     on which all the members of the Commission have been 
     appointed, the Commission shall hold its first meeting.
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Voting.--Each action of the Commission shall be 
     approved by a majority vote of the entire Commission. Each 
     member shall have 1 vote.

     SEC. __13. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--The Commission shall conduct a thorough 
     study of--
       (A) election technology and systems;
       (B) designs of ballots and the uniformity of ballots;
       (C) access to ballots and polling places, including timely 
     notice of voting locations and matters relating to access 
     for--
       (i) voters with disabilities;
       (ii) voters with visual impairments;
       (iii) voters with limited English language proficiency;
       (iv) voters who need assistance in order to understand the 
     voting process or how to cast a ballot; and
       (v) other voters with special needs;
       (D) the effect of the capacity of voting systems on the 
     efficiency of election administration, including how the 
     number of ballots which may be processed by a single machine 
     over a period of time affects the number of machines needed 
     to carry out an election at a particular polling place and 
     the number of polling places and other facilities necessary 
     to serve the voters;
       (E) voter registration and maintenance of voter rolls, 
     including the use of provisional voting and standards for 
     reenfranchisement of voters;
       (F) alternative voting methods;
       (G) voter intimidation, both real and perceived;
       (H) accuracy of voting, election procedures, and election 
     technology;
       (I) voter education;
       (J) election personnel and volunteer training;
       (K)(i) the implementation of title I of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 
     seq.) and the amendments made by title II of that Act by--
       (I) the Secretary of Defense, acting as the Presidential 
     designee under section 101 of that Act (42 U.S.C. 1973ff);
       (II) each other Federal Government official having 
     responsibilities under that Act; and
       (III) each State; and
       (ii) whether any legislative or administrative action is 
     necessary to provide a meaningful opportunity for each absent 
     uniformed services voter (as defined in section 107(1) of 
     that Act (42 U.S.C. 1973ff-6(1))) and each overseas voter (as 
     defined in section 107(5) of that Act (42 U.S.C. 1973ff-
     6(5))) to register to vote and vote in elections for Federal 
     office;
       (L) the feasibility and advisability of establishing the 
     date on which elections for Federal office are held as a 
     Federal or State holiday;
       (M) the feasibility and advisability of establishing 
     modified polling place hours, and the effects thereof; and
       (N)(i) how the Federal Government can, on a permanent 
     basis, best provide ongoing assistance to State and local 
     authorities to improve the administration of elections for 
     Federal office;
       (ii) how the requirements for voting systems, provisional 
     voting, and sample ballots described in section __31 can, on 
     a permanent basis, best be administered; and
       (iii) whether an existing or a new Federal agency should 
     provide such assistance.
       (2) Website.--In addition to any other publication 
     activities the Commission may be required to carry out, for 
     purposes of conducting the study under this subsection the 
     Commission shall establish an Internet website to facilitate 
     public comment and participation.
       (b) Recommendations.--
       (1) Recommendations of best practices in voting and 
     election administration.--The Commission shall develop 
     specific recommendations with respect to the matters studied 
     under subsection (a) that identify those methods of voting 
     and administering elections studied by the Commission that 
     would--
       (A) be convenient, accessible, nondiscriminatory, and easy 
     to use for voters in elections for Federal office, including 
     voters with disabilities, voters with visual impairments, 
     absent uniformed services voters, overseas voters, and other 
     voters with special needs, including voters with limited 
     English proficiency or who otherwise need assistance in order 
     to understand the voting process or to cast a ballot;
       (B) yield the broadest participation; and
       (C) produce accurate results.
       (2) Recommendations for providing assistance in federal 
     elections.--The Commission shall develop specific 
     recommendations with respect to the matters studied under 
     subsection (a)(1)(N) on how the Federal Government can, on a 
     permanent basis, best provide ongoing assistance to State and 
     local authorities to improve the administration of elections 
     for Federal office, and identify whether an existing or a new 
     Federal agency should provide such assistance.
       (3) Recommendations for voter participation in federal 
     elections.--The Commission shall develop specific 
     recommendations with respect to the matters studied under 
     subsection (a) on methods--
       (A) to increase voter registration;
       (B) to increase the accuracy of voter rolls and 
     participation and inclusion of legal voters;
       (C) to improve voter education; and
       (D) to improve the training of election personnel and 
     volunteers.
       (4) Consistency with election technology and administration 
     requirements.--The Commission shall ensure that the specific 
     recommendations developed under this subsection are 
     consistent with the uniform and nondiscriminatory election 
     technology and administration requirements under section 
     __31.
       (c) Reports.--
       (1) Interim reports.--Not later than the date on which the 
     Commission submits the final report under paragraph (2), the 
     Commission may submit to the President and Congress such 
     interim reports as a majority of the members of the 
     Commission determine appropriate.
       (2) Final report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this title, the Commission shall submit to the 
     President and Congress a final report that has received the 
     approval of a majority of the members of the Commission.
       (B) Content.--The final report shall contain--
       (i) a detailed statement of the findings and conclusions of 
     the Commission on the matters studied under subsection (a);
       (ii) a detailed statement of the recommendations developed 
     under subsection (b) which received a majority vote of the 
     members of the Commission; and
       (iii) any dissenting or minority opinions of the members of 
     the Commission.

     SEC. __14. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission or, at its direction, any 
     subcommittee or member of the Commission, may, for the 
     purpose of carrying out this subtitle--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Commission (or such subcommittee or 
     member) considers advisable.
       (b) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Any subpoena issued under subsection (a) 
     shall be issued by the chairperson and vice chairperson of 
     the Commission acting jointly. Each subpoena shall bear the 
     signature of the chairperson of the Commission and shall be 
     served by any person or class of persons designated by the 
     chairperson for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the

[[Page S10097]]

     order of the court may be punished by the court as a contempt 
     of that court.
       (c) Witness Allowances and Fees.--Section 1821 of title 28, 
     United States Code, shall apply to witnesses requested or 
     subpoenaed to appear at any hearing of the Commission. The 
     per diem and mileage allowances for witnesses shall be paid 
     from funds available to pay the expenses of the Commission.
       (d) 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 subtitle. Upon request of the chairperson and vice 
     chairperson of the Commission, acting jointly, the head of 
     such department or agency shall furnish such information to 
     the Commission.
       (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 and vice chairperson of the Commission, 
     acting jointly, 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 subtitle.
       (g) Gifts and Donations.--The Commission may accept, use, 
     and dispose of gifts or donations of services or property to 
     carry out this subtitle.
       (h) Application of Federal Advisory Committee Act.--Except 
     as otherwise provided in this subtitle, the Commission shall 
     be subject to the requirements of the Federal Advisory 
     Committee Act (5 U.S.C. App.).

     SEC. __15. 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 and vice chairperson of 
     the Commission, acting jointly, 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 and vice chairperson of 
     the Commission, acting jointly, 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 and vice chairperson of the Commission, 
     acting jointly, 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. __16. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 45 days after the date on 
     which the Commission submits its final report and 
     recommendations under section __13(c)(2).

     SEC. __17. AUTHORIZATION OF APPROPRIATIONS FOR THE 
                   COMMISSION.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the purposes of 
     this subtitle.
       (b) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.

 Subtitle B--Election Technology and Administration Improvement Grant 
                                Program

     SEC. __21. ESTABLISHMENT OF GRANT PROGRAM.

       (a) In General.--The Attorney General, subject to the 
     general policies and criteria for the approval of 
     applications established under section __23 and in 
     consultation with the Federal Election Commission, is 
     authorized to make grants to States and localities to pay the 
     Federal share of the costs of the activities described in 
     section __22.
       (b) Action Through Office of Justice Programs and Assistant 
     Attorney General for Civil Rights.--In carrying out this 
     subtitle, the Attorney General shall act through the 
     Assistant Attorney General for the Office of Justice Programs 
     and the Assistant Attorney General for the Civil Rights 
     Division.

     SEC. __22. AUTHORIZED ACTIVITIES.

       (a) In General.--A State or locality may use grant payments 
     received under this subtitle--
       (1) to improve, acquire, or replace voting equipment or 
     technology and improve the accessibility of polling places, 
     including providing physical access for persons with 
     disabilities and to other individuals with special needs, and 
     nonvisual access for voters with visual impairments, and 
     assistance to voters with limited proficiency in the English 
     language;
       (2) to implement new election administration procedures to 
     increase voter participation and reduce disenfranchisement, 
     such as ``same-day'' voter registration procedures;
       (3) to educate voters concerning voting procedures, voting 
     rights or voting technology, and to train election personnel; 
     or
       (4) upon completion of the final report under section 
     __13(c)(2), to implement recommendations contained in such 
     report under section __13(c)(2)(B)(ii).
       (b) Requirements for Election Technology and 
     Administration.--A State or locality may use grant payments 
     received under this subtitle--
       (1) on or after the date on which the voting system 
     requirements specifications are issued under section __32(a), 
     to implement the requirements under section __31(a);
       (2) on or after the date on which the provisional voting 
     requirements guidelines are issued under section __32(b), to 
     implement the requirements under section __31(b); and
       (3) on or after the date on which the sample ballot 
     requirements guidelines are issued under section __32(c), to 
     implement the requirements under section __31(c).

     SEC. __23. GENERAL POLICIES AND CRITERIA FOR THE APPROVAL OF 
                   APPLICATIONS OF STATES AND LOCALITIES; 
                   REQUIREMENTS OF STATE PLANS.

       (a) General Policies.--The Attorney General shall establish 
     general policies with respect to the approval of applications 
     of States and localities, the awarding of grants, and the use 
     of assistance made available under this subtitle.
       (b) Criteria.--
       (1) In general.--The Attorney General shall establish 
     criteria with respect to the approval of applications of 
     States and localities submitted under section __24, including 
     the requirements for State plans under paragraph (2).
       (2) Requirements of state plans.--The Attorney General 
     shall not approve an application of a State unless the State 
     plan of that State provides for each of the following:
       (A) Uniform nondiscriminatory voting standards within the 
     State for election administration and technology that--
       (i) meet the requirements for voting systems, provisional 
     voting, and sample ballots described in section __31;
       (ii) provide for ease and convenience of voting for all 
     voters, including accuracy, nonintimidation, and 
     nondiscrimination;
       (iii) ensure conditions for voters with disabilities, 
     including nonvisual access for voters with visual 
     impairments, provide the same opportunity for access and 
     participation by such voters, including privacy and 
     independence;
       (iv) ensure access for voters with limited English language 
     proficiency, voters who need assistance in order to 
     understand the voting process or how to cast a ballot, and 
     other voters with special needs;
       (v) ensure compliance with the Voting Accessibility for the 
     Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.);
       (vi) ensure 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);
       (vii) ensure compliance with the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg et seq.); and
       (viii) ensure that overseas voters and absent uniformed 
     service voters (as such terms are defined in section 107 of 
     the Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-6)) have a meaningful opportunity to exercise 
     their voting rights as citizens of the United States.
       (B) Accuracy of the records of eligible voters in the 
     States to ensure that legally registered voters appear in 
     such records and prevent any purging of such records to 
     remove illegal voters that result in the elimination of legal 
     voters as well.
       (C) Voter education programs regarding the right to vote 
     and methodology and procedures for participating in elections 
     and training programs for election personnel and volunteers, 
     including procedures to carry out subparagraph (D).
       (D) An effective method of notifying voters at polling 
     places on the day of election of basic voting procedures to 
     effectuate their vote as provided for in State and Federal 
     law.
       (E) A timetable for meeting the elements of the plan.
       (3) Consistency with election technology and administration 
     requirements.--The criteria established by the Attorney 
     General

[[Page S10098]]

     under this subsection and the State plans required under this 
     subsection shall be consistent with the uniform and 
     nondiscriminatory election technology and administration 
     requirements under section __31.
       (c) Consultation.--In establishing the general policies and 
     criteria under this section, the Attorney General shall 
     consult with the Federal Election Commission.

     SEC. __24. SUBMISSION OF APPLICATIONS OF STATES AND 
                   LOCALITIES.

       (a) Submission of Applications by States.--
       (1) In general.--Subject to paragraph (3), the chief 
     executive officer of each State desiring to receive a grant 
     under this subtitle shall submit an application to the 
     Attorney General at such time, in such manner, and 
     accompanied by such additional information as the Attorney 
     General, in consultation with the Federal Election 
     Commission, may reasonably require.
       (2) Contents of applications.--Each application submitted 
     under paragraph (1) shall include the following:
       (A) State plan.--A State plan that--
       (i) is developed in consultation with State and local 
     election officials;
       (ii) describes the activities authorized under section __22 
     for which assistance under this subtitle is sought; and
       (iii) contains a detailed explanation of how the State will 
     comply with the requirements described in section __23(b).
       (B) Compliance with federal matching requirements.--An 
     assurance that the State will pay the non-Federal share of 
     the costs of the activities for which assistance is sought 
     from non-Federal sources that may be accompanied by a request 
     for a waiver of the matching requirements under section 
     __26(b)(2).
       (C) Additional assurances.--Such additional assurances as 
     the Attorney General, in consultation with the Federal 
     Election Commission, determines to be essential to ensure 
     compliance with the requirements of this subtitle.
       (3) Availability of state plans for review and comment.--A 
     State submitting an application under this section shall make 
     the State plan proposed to be included in that application 
     available to the public for review and comment prior to the 
     submission of the application.
       (b) Submission of Applications by Localities.--
       (1) In general.--If a State has submitted an application 
     under subsection (a), a locality of that State may submit an 
     application for assistance to the Attorney General at such 
     time, in such manner, and accompanied by such additional 
     information as the Attorney General, in consultation with the 
     Federal Election Commission, may reasonably require.
       (2) Contents of applications.--Each application submitted 
     by a locality under paragraph (1) shall include the 
     following:
       (A) Consistency with state plan.--Information similar to 
     the information required to be submitted under the State plan 
     under subsection (a)(2)(A) that is not inconsistent with that 
     plan.
       (B) Nonduplication of effort.--Assurances that any 
     assistance directly provided to the locality under this 
     subtitle is not available to that locality through the State.
       (C) Compliance with federal matching requirements.--A 
     description of how the locality will pay the non-Federal 
     share from non-Federal sources that may be accompanied by a 
     request for a waiver of the matching requirements under 
     section __26(b)(2).
       (D) Additional assurances.--Such additional assurances as 
     the Attorney General, in consultation with the Federal 
     Election Commission, determines to be essential to ensure 
     compliance with the requirements of this subtitle.

     SEC. __25. APPROVAL OF APPLICATIONS OF STATES AND LOCALITIES.

       (a) Approval of State Applications.--
       (1) In general.--The Attorney General, in consultation with 
     the Federal Election Commission, shall approve applications 
     in accordance with the general policies and criteria for the 
     approval of applications established under section __23.
       (2) Publication of state plans and solicitation of 
     comments.--After receiving an application of a State 
     submitted under section __24(a)(1), the Attorney General 
     shall publish the State plan contained in that application in 
     the Federal Register and solicit comments on the plan from 
     the public. The publication of and the solicitation of 
     comments on such a plan pursuant to this subsection shall not 
     be treated as an exercise of rulemaking authority by the 
     Attorney General for purposes of subchapter II of chapter 5 
     of title 5, United States Code.
       (3) Approval.--At any time after the expiration of the 30-
     day period which begins on the date the State plan is 
     published in the Federal Register under subsection (a), and 
     taking into consideration any comments received under such 
     subsection, the Attorney General, in consultation with the 
     Federal Election Commission, shall approve or disapprove the 
     application that contains the State plan published under 
     paragraph (2) in accordance with the general policies and 
     criteria established under section __23.
       (b) Approval of Applications of Localities.--If the 
     Attorney General has approved the application of a State 
     under subsection (a), the Attorney General, in consultation 
     with the Federal Election Commission, may approve an 
     application submitted by a locality of that State under 
     section __24(b) in accordance with the general policies and 
     criteria established under section __23.

     SEC. __26. FEDERAL MATCHING FUNDS.

       (a) Payments.--The Attorney General shall pay to each State 
     or locality having an application approved under section __25 
     the Federal share of the cost of the activities described in 
     that application.
       (b) Federal Share.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), 
     for purposes of subsection (a), the Federal share shall be 80 
     percent.
       (2) Waiver.--The Attorney General may specify a Federal 
     share greater than 80 percent under terms and conditions 
     consistent with this subtitle.
       (3) Incentive for early action.--For any recipient of a 
     grant whose application was received prior to March 1, 2002, 
     the Federal share shall be 90 percent.
       (4) Reimbursement for cost of meeting requirements.--With 
     respect to the authorized activities described in section 
     __22(b) insofar as a State or locality incurs expenses to 
     meet the requirements of section __31, the Federal share 
     shall be 100 percent.
       (c) Non-Federal Share.--The non-Federal share of payments 
     under this subtitle may be in cash or in kind fairly 
     evaluated, including planned equipment or services.

     SEC. __27. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.

       (a) Recordkeeping Requirement.--Each recipient of a grant 
     under this subtitle shall keep such records as the Attorney 
     General, in consultation with the Federal Election 
     Commission, shall prescribe.
       (b) Audit and Examination.--The Attorney General and the 
     Comptroller General, or any authorized representative of the 
     Attorney General or the Comptroller General, shall audit any 
     recipient of a grant under this subtitle and shall have 
     access to any record of a recipient of a grant under this 
     subtitle that the Attorney General or the Comptroller General 
     determines may be related to a grant received under this 
     subtitle for the purpose of conducting an audit or 
     examination.

     SEC. __28. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.

       (a) Reports to Congress.--Not later than January 31, 2003, 
     and each year thereafter, the Attorney General shall submit 
     to the President and Congress a report on the program under 
     this subtitle for the preceding year. Each report shall 
     contain the following:
       (1) A description and analysis of any activities funded by 
     a grant awarded under this subtitle.
       (2) Any recommendation for legislative or administrative 
     action that the Attorney General considers appropriate.
       (b) Reports to the Attorney General.--The Attorney General 
     shall require each recipient of a grant under this subtitle 
     to submit reports to the Attorney General, at such time, in 
     such manner, and containing such information as the Attorney 
     General considers appropriate.

     SEC. __29. DEFINITIONS OF STATE AND LOCALITY.

       In this subtitle:
       (1) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, American Samoa, Guam, and the United States Virgin 
     Islands.
       (2) Locality.--The term ``locality'' means a political 
     subdivision of a State.

     SEC. __30. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of Justice such sums as may be necessary for 
     each of fiscal years 2002, 2003, 2004, 2005, and 2006.
       (2) Use of amounts.--Amounts appropriated under paragraph 
     (1) shall be for the purpose of--
       (A) awarding grants under this title; and
       (B) paying for the costs of administering the program to 
     award such grants.
       (3) Federal election commission.--There are authorized to 
     be appropriated to the Federal Election Commission for each 
     of fiscal years 2002, 2003, 2004, 2005, and 2006 such sums as 
     may be necessary for the purpose of carrying out the 
     provisions of this title.
       (b) Limitation.--Not more than 1 percent of any sums 
     appropriated under paragraph (1) of subsection (a) may be 
     used to pay for the administrative costs described in 
     paragraph (2)(B) of such subsection.

  Subtitle C--Requirements for Election Technology and Administration

     SEC. __31. UNIFORM AND NONDISCRIMINATORY REQUIREMENTS FOR 
                   ELECTION TECHNOLOGY AND ADMINISTRATION.

       (a) Voting Systems.--Each voting system used in an election 
     for Federal office shall meet the following requirements:
       (1) The voting system shall permit the voter to verify the 
     votes selected by the voter on a ballot before the ballot is 
     cast and tabulated, and shall provide the voter with the 
     opportunity to correct any error before the ballot is cast 
     and tabulated.
       (2) If the voter selects votes for more than one candidate 
     for a single office, the voting system shall notify the voter 
     before the ballot is cast and tabulated of the effect of 
     casting multiple votes for the office, and shall provide the 
     voter with the opportunity to correct the ballot before the 
     ballot is cast and tabulated.
       (3) If the voter selects votes for fewer than the number of 
     candidates for which votes

[[Page S10099]]

     may be cast, the voting system shall notify the voter before 
     the ballot is cast and tabulated of the effect of such 
     selection, and shall provide the voter with the opportunity 
     to correct the ballot before the ballot is cast and 
     tabulated.
       (4) The voting system shall produce a record with an audit 
     capacity for each ballot cast.
       (5) The voting system shall be accessible for individuals 
     with disabilities and other individuals with special needs, 
     including providing nonvisual accessibility for the blind and 
     visually impaired, which provides the same opportunity for 
     access and participation (including privacy and independence) 
     as for other voters, and shall provide alternative language 
     accessibility for individuals with limited proficiency in the 
     English language.
       (6) The error rate of a voting system in counting and 
     tabulating ballots (determined by taking into account only 
     those errors which are attributable to the voting system and 
     not attributable to the act of the voter) shall not exceed 
     the error rate standards as established in the national 
     Voting Systems Standards issued and maintained by the Office 
     of Election Administration of the Federal Election Commission 
     in effect on the date of enactment of this title and shall 
     not be inconsistent with respect to the requirements under 
     this section.
       (b) Provisional Voting.--If the name of an individual who 
     declares to be a registrant eligible to vote at a polling 
     place in an election for Federal office does not appear on 
     the official list of registrants eligible to vote at the 
     polling place, or it is otherwise asserted by an election 
     official that the individual is not eligible to vote at the 
     polling place--
       (1) an election official at the polling place shall notify 
     the individual that the individual may cast a provisional 
     ballot in the election;
       (2) the individual shall be permitted to cast a vote at 
     that polling place upon written affirmation by the individual 
     before an election official at that polling place that the 
     individual is so eligible;
       (3) an election official at the polling place shall 
     transfer the ballot cast by the individual to an appropriate 
     State or local election official for prompt verification of 
     the declaration made by the individual in the affirmation 
     required under paragraph (2);
       (4) if the appropriate State or local election official 
     verifies the declaration made by the individual in the 
     affirmation, the individual's vote shall be tabulated; and
       (5) the appropriate State or local election official shall 
     notify the individual in writing of the final disposition of 
     the individual's affirmation and the treatment of the 
     individual's vote.
       (c) Sample Ballot.--
       (1) Mailings to voters.--Not later than 10 days prior to 
     the date of an election for Federal office, the appropriate 
     election official shall mail to each individual who is 
     registered to vote in such election a sample version of the 
     ballot which will be used for the election together with--
       (A) information regarding the date of the election and the 
     hours during which polling places will be open;
       (B) instructions on how to cast a vote on the ballot; and
       (C) general information on voting rights under Federal and 
     applicable State laws and instructions on how to contact the 
     appropriate officials if these rights are alleged to be 
     violated.
       (2) Publication and posting.--The sample version of the 
     ballot which will be used for an election for Federal office 
     and which is mailed under paragraph (1) shall be published in 
     a newspaper of general circulation in the applicable 
     geographic area not later than 10 days prior to the date of 
     the election, and shall be posted publicly at each polling 
     place on the date of the election.

     SEC. __32. GUIDELINES AND TECHNICAL SPECIFICATIONS.

       (a) Voting Systems Requirement Specifications.--In 
     accordance with the requirements of this subtitle regarding 
     technical specifications, the Office of Election 
     Administration of the Federal Election Commission shall 
     develop national Voting Systems Specifications with respect 
     to the voting systems requirement provided under section 
     __31(a).
       (b) Provisional Voting Guidelines.--In accordance with the 
     requirements of this subtitle regarding provisional voting, 
     the Civil Rights Division of the Department of Justice shall 
     develop initial guidelines with respect to the provisional 
     voting requirement provided for under section __31(b).
       (c) Sample Ballot Guidelines.--In accordance with the 
     requirements of this subtitle regarding sample ballots, the 
     Civil Rights Division of the Department of Justice shall 
     develop initial guidelines with respect to the sample ballot 
     requirement provided for under section __31(c).

     SEC. __33. REQUIRING STATES TO MEET REQUIREMENTS.

       (a) In General.--Subject to subsection (b), a State or 
     locality shall meet the requirements of section __31 with 
     respect to the regularly scheduled election for Federal 
     office held in the State in 2004 and each subsequent election 
     for Federal office held in the State, except that a State is 
     not required to meet the guidelines and technical 
     specifications under section __32 prior to the publication of 
     such guidelines and specifications.
       (b) Treatment of Activities Relating to Voting Systems 
     Under Grant Program.--To the extent that a State has used 
     funds provided under the Election Technology and 
     Administration Improvement grant program under section 
     __22(a) to purchase or modify voting systems in accordance 
     with the State plan contained in its approved application 
     under such program, the State shall be deemed to meet the 
     requirements of section __31(a).

     SEC. __34. ENFORCEMENT BY ATTORNEY GENERAL.

       (a) In General.--The Attorney General may bring a civil 
     action in an appropriate district court for such relief 
     (including declaratory or injunctive relief) as may be 
     necessary to carry out this subtitle.
       (b) Action Through Office of Civil Rights.--The Attorney 
     General shall carry out this section through the Office of 
     Civil Rights of the Department of Justice.
       (c) Relation to Other Laws.--The remedies established by 
     this section are in addition to all other rights and remedies 
     provided by law.

             Subtitle D--Uniformed Services Overseas Voting

     SEC. __41. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF 
                   VOTING BY MEMBERS OF THE UNIFORMED SERVICES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that each administrator of a Federal, State, or local 
     election should--
       (1) be aware of the importance of the ability of each 
     uniformed services voter to exercise their right to vote; and
       (2) perform their duties with the intent to ensure that--
       (A) each uniformed services voter receives the utmost 
     consideration and cooperation when voting; and
       (B) each valid ballot cast by such a voter is duly counted.
       (b) Uniformed Services Voter Defined.--In this section, the 
     term ``uniformed services voter'' means--
       (1) a member of a uniformed service (as defined in section 
     101(a)(5) of title 10, United States Code) in active service;
       (2) a member of the merchant marine (as defined in section 
     107 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6)); and
       (3) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.

     SEC. __42. UNIFORM NONDISCRIMINATORY VOTING STANDARDS FOR 
                   ADMINISTRATION OF ELECTIONS UNDER STATE AND 
                   LOCAL ELECTION SYSTEMS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1) is amended--
       (1) by inserting ``(a) Elections for Federal Offices.--'' 
     before ``Each State shall--''; and
       (2) by adding at the end the following new subsection (c):
       ``(c) General Principles for Voting by Overseas and Absent 
     Uniformed Service Voters.--(1) A State shall ensure that each 
     voting system used within the State for elections for 
     Federal, State, and local offices provides overseas voters 
     and absent uniformed service voters with a meaningful 
     opportunity to exercise their voting rights as citizens of 
     the United States.
       ``(2) A State shall count an absentee ballot for an 
     election for Federal, State, or local office that is timely 
     submitted by an overseas voter or absent uniformed service 
     voter to the proper official of the State and is otherwise 
     valid.''.

     SEC. __43. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at 
     the end the following:
       ``Sec. 704. (a) For purposes of voting for any Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)) or a State or local 
     office, a person who is absent from a State in compliance 
     with military or naval orders shall not, solely by reason of 
     that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

     SEC. __44. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR 
                   ABSENT UNIFORMED SERVICES VOTERS TO STATE AND 
                   LOCAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section __42, is further amended by inserting after 
     subsection (a) the following new subsection (b):
       ``(b) Elections for State and Local Offices.--Each State 
     shall--
       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and vote by absentee ballot 
     in general, special, primary, and runoff elections for State 
     and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the date of 
     the election.''.

[[Page S10100]]

       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking ``FOR FEDERAL OFFICE''.

     SEC. __45. USE OF SINGLE APPLICATION AS A SIMULTANEOUS 
                   ABSENTEE VOTER REGISTRATION APPLICATION AND 
                   ABSENTEE BALLOT APPLICATION.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as 
     redesignated by section __42(1), is further amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) accept and process the official post card form 
     (prescribed under section 101) as a simultaneous absentee 
     voter registration application and absentee ballot 
     application; and''.

     SEC. __46. USE OF SINGLE APPLICATION FOR ABSENTEE BALLOTS FOR 
                   ALL FEDERAL ELECTIONS.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section __45, is further amended by inserting after 
     paragraph (4) the following new paragraph (5):
       ``(5) accept and process, with respect to all general, 
     special, primary, and runoff elections for Federal office 
     occurring during a year, any otherwise valid absentee ballot 
     application from an absent uniformed services voter or 
     overseas voter, if a single application for any such election 
     is received by the appropriate State election official not 
     less than 30 days before the first election for Federal 
     office occurring during the year.''.

     SEC. __47. ELECTRONIC VOTING DEMONSTRATION PROJECT.

       (a) In General.--The Secretary of Defense shall carry out a 
     demonstration project under which absent uniformed services 
     voters (as defined in section 107(1) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     6(1))) are permitted to cast ballots in the regularly 
     scheduled general election for Federal office for November 
     2002, through an electronic voting system.
       (b) Coordination With State Election Officials.--To the 
     greatest extent practicable, the Secretary of Defense shall 
     carry out the demonstration project under this section 
     through cooperative agreements with State election officials.
       (c) Report to Congress.--Not later than June 1, 2003, the 
     Secretary of Defense shall submit a report to Congress 
     analyzing the demonstration project conducted under this 
     section, and shall include in the report any recommendations 
     the Secretary of Defense considers appropriate for continuing 
     the project on an expanded basis during the next regularly 
     scheduled general election for Federal office.

     SEC. __48. FEDERAL VOTING ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Defense shall promulgate 
     regulations to require each of the Armed Forces to ensure 
     their compliance with any directives issued by the Secretary 
     of Defense in implementing the Federal Voting Assistance 
     Program (referred to in this section as the ``Program'') or 
     any similar program.
       (b) Review and Report.--(1) The Inspector General of each 
     of the Armed Forces shall--
       (A) conduct an annual review of the effectiveness of the 
     Program or any similar program;
       (B) conduct an annual review of the compliance with the 
     Program or any similar program of the branch; and
       (C) submit an annual report to the Inspector General of the 
     Department of Defense on the results of the reviews under 
     subparagraphs (A) and (B).
       (2) Not later than March 31, 2003, and annually thereafter, 
     the Inspector General of the Department of Defense shall 
     submit a report to Congress on--
       (A) the effectiveness of the Program or any similar 
     program; and
       (B) the level of compliance with the Program or any similar 
     program of the branches of the Armed Forces.

                       Subtitle E--Miscellaneous

     SEC. __51. RELATIONSHIP TO OTHER LAWS.

       (a) In General.--Nothing in this title may be construed to 
     authorize or require conduct prohibited under the following 
     laws, or supersede, restrict, or 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 Voting Accessibility for the Elderly and 
     Handicapped Act (42 U.S.C. 1973ee et seq.).
       (4) The Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.).
       (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     1994 et seq.).
       (b) No Effect on Preclearance or Other Requirements Under 
     Voting Rights Act.--The approval by the Attorney General of a 
     State's application for a grant under subtitle B, or any 
     other action taken by the Attorney General or a State under 
     such subtitle, shall not be considered to have any effect on 
     requirements for preclearance under section 5 of the Voting 
     Rights Act of 1965 or any other requirements of such Act.
                                  ____

  SA 1834. Mr. LEVIN (for Mr. Thomas (for himself and Mr. Gramm)) 
proposed an amendment to the bill S. 1438, to authorize appropriations 
for fiscal year 2002 for military activities of the Department of 
Defense, for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       Strike the material beginning with page 264, line 21 and 
     ending with page 266, line 6.
                                  ____

  SA 1835. Mr. DOMENICI (for himself, Mr. Hagel, Mr. Lugar, and Mr. 
Bingaman) submitted an amendment intended to be proposed by him to the 
to the bill S. 1438, to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title XII, add the following:

  Subtitle C--Coordination of Nonproliferation Programs and Assistance

     SEC. 1231. SHORT TITLE.

       This title may be cited as the ``Nonproliferation Programs 
     and Assistance Coordination Act of 2001''.

     SEC. 1232. FINDINGS.

       Congress makes the following findings:
       (1) United States nonproliferation efforts in the 
     independent states of the former Soviet Union have achieved 
     important results in ensuring that weapons of mass 
     destruction, weapons-usable material and technology, and 
     weapons-related knowledge remain beyond the reach of 
     terrorists and weapons-proliferating states.
       (2) Although these efforts are in the United States 
     national security interest, the effectiveness of these 
     efforts suffers from a lack of coordination within and among 
     United States Government agencies.
       (3) Increased spending and investment by the United States 
     private sector on nonproliferation efforts in the independent 
     states of the former Soviet Union, specifically, spending and 
     investment by the United States private sector in job 
     creation initiatives and proposals for unemployed Russian 
     weapons scientists and technicians, are making an important 
     contribution in ensuring that knowledge related to weapons of 
     mass destruction remains beyond the reach of terrorists and 
     weapons-proliferating states.
       (4) Increased spending and investment by the United States 
     private sector on nonproliferation efforts in the independent 
     states of the former Soviet Union require the establishment 
     of a coordinating body to ensure that United States public 
     and private efforts are not in conflict, and to ensure that 
     public spending on nonproliferation efforts by the 
     independent states of the former Soviet Union is maximized to 
     ensure efficiency and further United States national security 
     interests.

     SEC. 1233. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION 
                   ASSISTANCE TO THE INDEPENDENT STATES OF THE 
                   FORMER SOVIET UNION.

       (a) Establishment.--There is established within the 
     executive branch of the Government an interagency committee 
     known as the ``Committee on Nonproliferation Assistance to 
     the Independent States of the Former Soviet Union'' (in this 
     title referred to as the ``Committee'').
       (b) Membership.--(1) The Committee shall be composed of 6 
     members, as follows:
       (A) A representative of the Department of State designated 
     by the Secretary of State.
       (B) A representative of the Department of Energy designated 
     by the Secretary of Energy.
       (C) A representative of the Department of Defense 
     designated by the Secretary of Defense.
       (D) A representative of the Department of Commerce 
     designated by the Secretary of Commerce.
       (E) A representative of the Assistant to the President for 
     National Security Affairs designated by the Assistant to the 
     President.
       (F) A representative of the Director of Central 
     Intelligence.
       (2) The Secretary of a department named in subparagraph 
     (A), (B), (C), or (D) of paragraph (1) shall designate as the 
     department's representative an official of that department 
     who is not below the level of an Assistant Secretary of the 
     department.
       (b) Chair.--The representative of the Assistant to the 
     President for National Security Affairs shall serve as Chair 
     of the Committee. The Chair may invite the head of any other 
     department or agency of the United States to designate a 
     representative of that department or agency to participate 
     from time to time in the activities of the Committee.

     SEC. 1234. DUTIES OF COMMITTEE.

       (a) In General.--The Committee shall have primary 
     continuing responsibility within the executive branch of the 
     Government for--
       (1) monitoring United States nonproliferation efforts in 
     the independent states of the former Soviet Union;
       (2) coordinating the implementation of United States policy 
     with respect to such efforts; and
       (3) recommending to the President, through the National 
     Security Council--

[[Page S10101]]

       (A) integrated national policies for countering the threats 
     posed by weapons of mass destruction; and
       (B) options for integrating the budgets of departments and 
     agencies of the Federal Government for programs and 
     activities to counter such threats.
       (b) Duties Specified.--In carrying out the responsibilities 
     described in subsection (a), the Committee shall--
       (1) arrange for the preparation of analyses on the issues 
     and problems relating to coordination within and among United 
     States departments and agencies on nonproliferation efforts 
     of the independent states of the former Soviet Union;
       (2) arrange for the preparation of analyses on the issues 
     and problems relating to coordination between the United 
     States public and private sectors on nonproliferation efforts 
     in the independent states of the former Soviet Union, 
     including coordination between public and private spending on 
     nonproliferation programs of the independent states of the 
     former Soviet Union and coordination between public spending 
     and private investment in defense conversion activities of 
     the independent states of the former Soviet Union;
       (3) provide guidance on arrangements that will coordinate, 
     de-conflict, and maximize the utility of United States public 
     spending on nonproliferation programs of the independent 
     states of the former Soviet Union to ensure efficiency and 
     further United States national security interests;
       (4) encourage companies and nongovernmental organizations 
     involved in nonproliferation efforts of the independent 
     states of the former Soviet Union to voluntarily report these 
     efforts to the Committee;
       (5) arrange for the preparation of analyses on the issues 
     and problems relating to the coordination between the United 
     States and other countries with respect to nonproliferation 
     efforts in the independent states of the former Soviet Union; 
     and
       (6) consider, and make recommendations to the President and 
     Congress with respect to, proposals for new legislation or 
     regulations relating to United States nonproliferation 
     efforts in the independent states of the former Soviet Union 
     as may be necessary.

     SEC. 1235. COMPREHENSIVE PROGRAM FOR NONPROLIFERATION 
                   PROGRAMS AND ACTIVITIES.

       (a) Program Required.--The President may, acting through 
     the Committee, develop a comprehensive program for the 
     Federal Government for carrying out nonproliferation programs 
     and activities.
       (b) Program Elements.--The program under subsection (a) 
     shall include plans and proposals as follows:
       (1) Plans for countering the proliferation of weapons of 
     mass destruction and related materials and technologies.
       (2) Plans for providing for regular sharing of information 
     among intelligence, law enforcement, and customs agencies of 
     the Federal Government.
       (3) Plans for establishing appropriate centers for 
     analyzing seized nuclear, radiological, biological, and 
     chemical weapons, and related materials and technologies.
       (4) Proposals for establishing in the United States 
     appropriate legal controls and authorities relating to the 
     export of nuclear, radiological, biological, and chemical 
     weapons and related materials and technologies.
       (5) Proposals for encouraging and assisting governments of 
     foreign countries to implement and enforce laws that set 
     forth appropriate penalties for offenses regarding the 
     smuggling of weapons of mass destruction and related 
     materials and technologies.
       (6) Proposals for building the confidence of the United 
     States and Russia in each other's controls over United States 
     and Russian nuclear weapons and fissile materials, including 
     plans for verifying the dismantlement of nuclear weapons.
       (7) Plans for reducing United States and Russian stockpiles 
     of excess plutonium, which plans shall take into account an 
     assessment of the options for United States cooperation with 
     Russia in the disposition of Russian plutonium.
       (8) Plans for studying the merits and costs of establishing 
     a global network of means for detecting and responding to 
     terrorism or other criminal use of biological agents against 
     people or other forms of life in the United States or any 
     foreign country.
       (c) Report.--(1) At the same time the President submits to 
     Congress the budget for fiscal year 2003 pursuant to section 
     1105(a) of title 31, United States Code, the President shall 
     submit to Congress a report that sets forth the comprehensive 
     program developed under this section.
       (2) The report shall include the following:
       (A) The specific plans and proposals for the program under 
     subsection (b).
       (B) Estimates of the funds necessary, by agency or 
     department, for carrying out such plans and proposals in 
     fiscal year 2003 and five succeeding fiscal years.
       (3) The report shall be in an unclassified form, but may 
     contain a classified annex.

     SEC. 1236. ADMINISTRATIVE SUPPORT.

       All departments and agencies of the Federal Government 
     shall provide, to the extent permitted by law, such 
     information and assistance as may be requested by the 
     Committee chair in carrying out their functions and 
     activities under this title.

     SEC. 1237. CONFIDENTIALITY OF INFORMATION.

       Information which has been submitted to the Committee or 
     received by the Committee in confidence shall not be publicly 
     disclosed, except to the extent required by law, and such 
     information shall be used by the Committee only for the 
     purpose of carrying out the functions and activities set 
     forth in this title.

     SEC. 1238. STATUTORY CONSTRUCTION.

       Nothing in this title--
       (1) applies to the data-gathering, regulatory, or 
     enforcement authority of any existing department or agency of 
     the Federal Government over nonproliferation efforts in the 
     independent states of the former Soviet Union, and the review 
     of those efforts undertaken by the Committee shall not in any 
     way supersede or prejudice any other process provided by law; 
     or
       (2) applies to any activity that is reportable pursuant to 
     title V of the National Security Act of 1947 (50 U.S.C. 413 
     et seq.).

     SEC. 1239. INDEPENDENT STATES OF THE FORMER SOVIET UNION 
                   DEFINED.

       In this title the term ``independent states of the former 
     Soviet Union'' has the meaning given the term in section 3 of 
     the FREEDOM Support Act (22 U.S.C. 5801).
                                  ____

  SA 1836. Mr. DOMENICI (for himself, Mr. Thurmond, Mr. Murkowski, Mr. 
Bingaman, Mr. Lugar, Mr. Hollings, Ms. Landrieu, and Mr. Biden) 
submitted an amendment intended to be proposed by him to the bill (S. 
1438) to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XXXI, add the following:

     SEC. 3135. UNITED STATES PARTICIPATION IN UNITED STATES AND 
                   RUSSIA PLUTONIUM DISPOSITION PROGRAMS.

       (a) Limitation on Modification of United States 
     Participation in Programs.--No modification may be made in 
     United States participation in the current United States and 
     Russia plutonium disposition programs until the date on which 
     the Secretary of Energy notifies the congressional defense 
     committees of the modification.
       (b) Plutonium Disposition Programs.--For purposes of this 
     section, the current United States and Russia plutonium 
     disposition programs are the following:
       (1) The United States Plutonium Disposition Program 
     identified in the January 1997 Record of Decision setting 
     forth the intention of the Department of Energy to pursue a 
     hybrid plutonium disposition strategy that includes 
     irradiation of mixed oxide fuel (MOX) and immobilization, and 
     the January 2000 Record of Decision of the Surplus Plutonium 
     Disposition Final Environmental Impact Statement identifying 
     the Savannah River Site, South Carolina, for plutonium 
     disposition activities.
       (2) The United States-Russian Agreement on the Management 
     and Disposition of Plutonium Designated as No Longer Required 
     for Defense Purposes and Related Cooperation, signed in 
     September 2000 by the Government of the United States and the 
     Government of Russia.
       (c) Scope of Modifications.--Any modification of United 
     States participation in a current United States or Russia 
     plutonium disposition program shall provide for the 
     disposition of not less than 34 tons of Russian weapons-grade 
     plutonium on a schedule which completes disposition of such 
     plutonium not later than 2026, the date envisioned in the 
     Agreement referred to in subsection (b)(2).
       (d) Elements of Notification of Modification.--In notifying 
     the congressional defense committees of any proposed 
     modification to United States participation in a current 
     United States or Russia plutonium disposition program under 
     subsection (a), the Secretary shall provide the committees 
     with--
       (1) an assessment of any impact of such modification on 
     other elements of the environmental management strategy of 
     the Department of Energy for the closure or cleanup of 
     current and former sites in the United States nuclear weapons 
     complex;
       (2) a specification of the costs of such modification, 
     including any costs to be incurred in long-term storage of 
     weapons-grade plutonium or for research and development for 
     proposed alternative disposition strategies; and
       (3) a description of the extent of interaction in 
     development of such modification with, and concurrence in 
     such modification from--
       (A) States directly impacted by the plutonium disposition 
     program;
       (B) nations participating in current programs, or proposing 
     to participate in future programs, for the disposition of 
     Russian weapons-grade plutonium, including the willingness of 
     such nations to offset the costs specified under paragraph 
     (2); and
       (C) the Russian Federation.
       (e) Annual Report on Funding for Fissile Materials 
     Disposition Activities.--The Secretary of Energy shall 
     include with the budget justification materials submitted to 
     Congress in support of the Department of Energy budget for 
     each fiscal year (as submitted with the budget of the 
     President under section 1105(a) of title 31, United States 
     Code) a report setting forth the extent to which amounts 
     requested for the Department for such fiscal year for fissile 
     material disposition activities will enable the

[[Page S10102]]

     Department to meet commitments for such activities in such 
     fiscal year.
       (f) Limitation on Alternative Use of Certain Funds for 
     Disposition of Plutonium.--The amount made available by 
     chapter 2 of title I of division B of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (Public Law 105-277; 112 Stat. 2681-560) for 
     expenditures in the Russian Federation to implement a United 
     States/Russian accord for disposition of excess weapons 
     plutonium shall be available only for that purpose until the 
     Secretary of Energy submits a notification of a modification 
     to the congressional defense committees under subsection (a).
                                  ____

  SA 1837. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill (S. 1438) to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 1066. CRITICAL INFRASTRUCTURES PROTECTION.

       (a) Findings.--Congress makes the following findings:
       (1) The Information revolution has transformed the conduct 
     of business and the operations of government as well as the 
     infrastructure relied upon for the defense and national 
     security of the United States.
       (2) Private business, government, and the national security 
     apparatus increasingly depend on an interdependent network of 
     critical physical and information infrastructures, including 
     telecommunications, energy, financial services, water, and 
     transportation sectors.
       (3) A continuous national effort is required to ensure the 
     reliable provision of cyber and physical infrastructure 
     services critical to maintaining the national defense, 
     continuity of government, economic prosperity, and quality of 
     life in the United States.
       (4) This national effort requires extensive modeling and 
     analytic capabilities for purposes of evaluating appropriate 
     mechanisms to ensure the stability of these complex and 
     interdependent systems, and to underpin policy 
     recommendations, so as to achieve the continuous viability 
     and adequate protection of the critical infrastructure of the 
     nation.
       (b) Policy of United States.--It is the policy of the 
     United States--
       (1) that any physical or virtual disruption of the 
     operation of the critical infrastructures of the United 
     States be rare, brief, geographically limited in effect, 
     manageable, and minimally detrimental to the economy, 
     essential human and government services, and national 
     security of the United States;
       (2) that actions necessary to achieve the policy stated in 
     paragraph (1) be carried out in a public-private partnership 
     involving corporate and non-governmental organizations; and
       (3) to have in place a comprehensive and effective program 
     to ensure the continuity of essential Federal Government 
     functions under all circumstances.
       (c) Support of Critical Infrastructure Protection and 
     Continuity by National Infrastructure Simulation and Analysis 
     Center.--(1) The National Infrastructure Simulation and 
     Analysis Center (NISAC) shall provide support for the 
     activities of the President's Critical Infrastructure 
     Protection and Continuity Board under Executive Order __.
       (2) The support provided for the Board under paragraph (1) 
     shall include the following:
       (A) Modeling, simulation, and analysis of the systems 
     comprising critical infrastructures, including cyber 
     infrastructure, telecommunications infrastructure, and 
     physical infrastructure, in order to enhance understanding of 
     the large-scale complexity of such systems and to facilitate 
     modification of such systems to mitigate the threats to such 
     systems and to critical infrastructures generally.
       (B) Acquisition from State and local governments and the 
     private sector of data necessary to create and maintain 
     models of such systems and of critical infrastructures 
     generally.
       (C) Utilization of modeling, simulation, and analysis under 
     subparagraph (A) to provide education and training to members 
     of the Board, and other policymakers, on matters relating 
     to--
       (i) the analysis conducted under that subparagraph;
       (ii) the implications of unintended or unintentional 
     disturbances to critical infrastructures; and
       (iii) responses to incidents or crises involving critical 
     infrastructures, including the continuity of government and 
     private sector activities through and after such incidents or 
     crises.
       (D) Utilization of modeling, simulation, and analysis under 
     subparagraph (A) to provide recommendations to members of the 
     Board and other policymakers, and to departments and agencies 
     of the Federal Government and private sector persons and 
     entities upon request, regarding means of enhancing the 
     stability of, and preserving, critical infrastructures.
       (3) Modeling, simulation, and analysis provided under this 
     subsection to the Board shall be provided, in particular, to 
     the Infrastructure Interdependencies committee of the Board 
     under section 9(c)(8) of the Executive Order referred to in 
     paragraph (1).
       (d) Activities of President's Critical Infrastructure 
     Protection and Continuity Board.--The Board shall provide to 
     the Center appropriate information on the critical 
     infrastructure requirements of each Federal agency for 
     purposes of facilitating the provision of support by the 
     Center for the Board under subsection (c).
       (e) Critical Infrastructure Defined.--In this section, the 
     term ``critical infrastructure'' means systems and assets, 
     whether physical or virtual, so vital to the United States 
     that the incapacity or destruction of such systems and assets 
     would have a debilitating impact on national security, 
     national economic security, national public health or safety, 
     or any combination of those matters.
       (f) Authorization of Appropriations.--(1) There is hereby 
     authorized for the Department of Defense for fiscal year 
     2002, $20,000,000 for the Defense Threat Reduction Agency for 
     activities of the National Infrastructure Simulation and 
     Analysis Center under subsection (c) in that fiscal year.
       (2) The amount available under paragraph (1) for the 
     National Infrastructure Simulation and Analysis Center is in 
     addition to any other amounts made available by this Act for 
     the National Infrastructure Simulation and Analysis Center.
                                  ____

  SA 1838. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 317, after line 23, add the following:

     SEC. 908. EVALUATION OF STRUCTURE AND LOCATION OF ARMY 
                   ENVIRONMENTAL POLICY INSTITUTE.

       (a) Evaluation Required.--The Secretary of the Army, acting 
     through the Assistant Secretary of the Army for Installations 
     and Environment, shall carry out a thorough evaluation of the 
     current structure and location of the Army Environmental 
     Policy Institute for purposes of determining whether the 
     structure and location of the Institute provide for the most 
     efficient and effective fulfillment of the charter of the 
     Institute.
       (b) Matters To Be Evaluated.--In carrying out the 
     evaluation, the Secretary shall evaluate--
       (1) the performance of the Army Environmental Policy 
     Institute in light of its charter;
       (2) the current structure and location of the Institute in 
     light of its charter; and
       (3) various alternative structures (including funding 
     mechanisms) and locations for the Institute as a means of 
     enhancing the efficient and effective operation of Institute.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the evaluation carried out under this section. 
     The report shall include the results of the evaluation and 
     such recommendations as the Secretary considers appropriate.
                                  ____

  SA 1839. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title VII, add the following:

     SEC. 718. ELIGIBILITY OF RESERVE OFFICERS FOR HEALTH CARE 
                   PENDING ORDERS TO ACTIVE DUTY FOLLOWING 
                   COMMISSIONING.

       Section 1074(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) by striking ``who is on active duty'' and inserting 
     ``described in paragraph (2)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Members of the uniformed services referred to in 
     paragraph (1) are as follows:
       ``(A) A member of a uniformed service on active duty.
       ``(B) A member of a reserve component of a uniformed 
     service who has been commissioned as an officer if--
       ``(i) the member has requested orders to active duty for 
     the member's initial period of active duty following the 
     commissioning of the member as an officer;
       ``(ii) the request for orders has been approved;
       ``(iii) the orders are to be issued but have not been 
     issued; and
       ``(iv) does not have health care insurance and is not 
     covered by any other health benefits plan.''.
                                  ____

  SA 1840. Mr. DOMENICI submitted an amendment intended to be proposed 
by

[[Page S10103]]

him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 215. ADDITIONAL FUNDING FOR UPGRADES TO THEATER 
                   AEROSPACE COMMAND AND CONTROL SIMULATION 
                   FACILITY.

       (a) Additional Funds.--(1) The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force for the Theater 
     Aerospace Command and Control Simulation Facility (TACCSF) 
     (PE207605F) is hereby increased by $7,250,000.
       (2) The amount available under paragraph (1) for the 
     Theater Aerospace Command and Control Simulation Facility is 
     in addition to any other amounts available under this Act for 
     the Theater Aerospace Command and Control Simulation 
     Facility.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force for Joint Expeditionary Force 
     (PE207028) is hereby decreased by $7,250,000.
                                  ____

  SA 1841. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 215. ADDITIONAL FUNDING FOR ADVANCED TACTICAL LASER.

       (a) Additional Funds.--(1) The amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy for the Advanced Tactical 
     Laser (ATL) (PE603851D8Z) is hereby increased by $35,000,000.
       (2) The amount available under paragraph (1) for the 
     Advanced Tactical Laser is in addition to any other amounts 
     available under this Act for the Advanced Tactical Laser.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby decreased by $35,000,000, 
     with the amount of the decrease to be allocated as follows:
       (1) $20,000,000 shall be allocated to amounts available for 
     Deployable Joint Command and Control (PE603237N).
       (2) $15,000,000 shall be allocated to amounts available for 
     Shipboard System Component Development (PE603513N).
                                  ____

  SA 1842. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 215. ADDITIONAL FUNDING FOR ADVANCED RELAY MIRROR SYSTEM 
                   DEMONSTRATION.

       (a) Additional Funds.--(1) The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force for the Advanced Relay 
     Mirror System (ARMS) demonstration (PE603605F) is hereby 
     increased by $9,200,000.
       (2) The amount available under paragraph (1) for the 
     Advanced Relay Mirror System demonstration is in addition to 
     any other amounts available under this Act for the Advanced 
     Relay Mirror System demonstration.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force for MILSATCOM (PE603430F) is 
     hereby decreased by $9,200,000.

                          ____________________