[Congressional Record Volume 159, Number 165 (Tuesday, November 19, 2013)]
[Senate]
[Pages S8190-S8192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. Schumer, Mr. Blunt, Mr. Warner, 
        Mr. Wicker, and Mr. Brown):
  S. 1728. A bill to amend the Uniformed and Overseas Citizens Absentee 
Voting Act to improve ballot accessibility to uniformed services voters 
and overseas voters, and for other purposes; to the Committee on Rules 
and Administration.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1728

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Safeguarding Elections for 
     our Nation's Troops through Reforms and Improvements (SENTRI) 
     Act''.

  TITLE I--AMENDMENTS RELATED TO THE UNIFORMED AND OVERSEAS CITIZENS 
                          ABSENTEE VOTING ACT

     SEC. 101. PRE-ELECTION REPORTING REQUIREMENT ON TRANSMISSION 
                   OF ABSENTEE BALLOTS.

       (a) In General.--Subsection (c) of section 102 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1(c)) is amended by striking ``Not later than 
     90 days'' and inserting the following:
       ``(1) Pre-election report on absentee ballots 
     transmitted.--
       ``(A) In general.--Not later than 43 days before any 
     election for Federal office held in a State, the chief State 
     election official of such State shall submit a report to the 
     Attorney General and the Presidential Designee, and make that 
     report publicly available that same day, confirming--
       ``(i) the number of absentee ballots validly requested by 
     absent uniformed services voters and overseas voters whose 
     requests were received by the 46th day before the election, 
     and
       ``(ii) whether those ballots were timely transmitted.
       ``(B) Matters to be included.--The report under 
     subparagraph (A) shall include the following information:
       ``(i) Specific information about ballot transmission, 
     including the total numbers of ballot requests received from 
     such voters and ballots transmitted to such voters by the 
     46th day before the election from each unit of local 
     government that will administer the election.
       ``(ii) If the chief State election official has incomplete 
     information on any items required to be included in the 
     report, an explanation of what information is incomplete 
     information and efforts made to acquire such information.
       ``(C) Requirement to supplement incomplete information.--If 
     the report under subparagraph (A) has incomplete information 
     on any items required to be included in the report, the chief 
     State election official shall make all reasonable efforts to 
     expeditiously supplement the report with complete 
     information.
       ``(D) Format.--The report under subparagraph (A) shall be 
     in a format prescribed by the Attorney General in 
     consultation with the chief State election officials of each 
     State.
       ``(2) Post election report on number of absentee ballots 
     transmitted and received.--Not later than 90 days''.
       (b) Conforming Amendment.--The heading for subsection (c) 
     of section 102 of such Act (42 U.S.C. 1973ff-1(c)) is amended 
     by striking ``Report on Number of Absentee Ballots 
     Transmitted and Received'' and inserting ``Reports on 
     Absentee Ballots''.

     SEC. 102. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER 
                   PROVISION.

       (a) In General.--Paragraph (8) of section 102(a) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1(a)) is amended to read as follows:
       ``(8) transmit a validly requested absentee ballot to an 
     absent uniformed services voter or overseas voter by the date 
     and in the manner determined under subsection (g);''.
       (b) Ballot Transmission Requirements and Repeal of Waiver 
     Provision.--Subsection (g) of section 102 of such Act (42 
     U.S.C. 1973ff-1(g)) is amended to read as follows:
       ``(g) Ballot Transmission Requirements.--
       ``(1) In general.--For purposes of subsection (a)(8), in 
     the case in which a valid request for an absentee ballot is 
     received at least 46 days before an election for Federal 
     office, the following rules shall apply:
       ``(A) Transmission deadline.--The State shall transmit the 
     absentee ballot not later than 46 days before the election.
       ``(B) Special rules in case of failure to transmit on 
     time.--
       ``(i) In general.--If the State fails to transmit any 
     absentee ballot by the 46th day before the election as 
     required by subparagraph (A) and the absent uniformed 
     services voter or overseas voter did not request electronic 
     ballot transmission pursuant to subsection (f), the State 
     shall transmit such ballot by express delivery.
       ``(ii) Extended failure.--If the State fails to transmit 
     any absentee ballot by the 41st day before the election, in 
     addition to transmitting the ballot as provided in clause 
     (i), the State shall--

       ``(I) in the case of absentee ballots requested by absent 
     uniformed services voters with respect to regularly scheduled 
     general elections, notify such voters of the procedures 
     established under section 103A for the collection and 
     delivery of marked absentee ballots; and
       ``(II) in any other case, provide for the return of such 
     ballot by express delivery.

       ``(iii) Cost of express delivery.--In any case in which 
     express delivery is required under this subparagraph, the 
     cost of such express delivery--

       ``(I) shall not be paid by the voter, and
       ``(II) may be required by the State to be paid by a local 
     jurisdiction if the State determines that election officials 
     in such jurisdiction are responsible for the failure to 
     transmit the ballot by any date required under this 
     paragraph.

       ``(iv) Enforcement.--A State's compliance with this 
     subparagraph does not bar the Attorney General from seeking 
     additional remedies necessary to effectuate the purposes of 
     this Act.
       ``(2) Requests received after 46th day before election.--
     For purposes of subsection (a)(8), in the case in which a 
     valid request for an absentee ballot is received less than 46 
     days but not less than 30 days before an election for Federal 
     office, the State shall transmit the absentee ballot not 
     later than 3 business days after such request is received.''.

     SEC. 103. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE 
                   ACT AMENDMENTS RELATED TO THE FEDERAL WRITE-IN 
                   ABSENTEE BALLOT.

       (a) In General.--Section 102(a)(3) of the Uniformed and 
     Overseas Citizens Absentee Voting Act) 42 U.S.C. 1973ff-
     1(a)(3)) is amended by striking ``general elections'' and 
     inserting ``general, special, primary, and runoff 
     elections''.
       (b) Conforming Amendment.--Section 103 of such Act (42 
     U.S.C. 1973ff-2) is amended--
       (1) in subsection (b)(2)(B), by striking ``general'', and
       (2) in the heading thereof, by striking ``general''.

     SEC. 104. TREATMENT OF BALLOT REQUESTS.

       (a) Application of Prohibition of Refusal of Applications 
     on Grounds of Early Submission to Overseas Voters.--Section 
     104 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-3) is amended--
       (1) by inserting ``or overseas voter'' after ``submitted by 
     an absent uniformed services voter''; and
       (2) by striking ``members of the uniformed services'' and 
     inserting ``absent uniformed services voters or overseas 
     voters''.
       (b) Use of Single Application for Subsequent Elections.--
       (1) In general.--Section 104 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is 
     amended--
       (A) by striking ``A State'' and inserting the following:

[[Page S8191]]

       ``(a) Prohibition of Refusal of Applications on Grounds of 
     Early Submission.--A State'', and
       (B) by adding at the end the following new subsections:
       ``(b) Application Treated as Valid for Subsequent 
     Elections.--
       ``(1) In general.--If a State accepts and processes a 
     request for an absentee ballot by an absent uniformed 
     services voter or overseas voter and the voter requests that 
     the application be considered an application for an absentee 
     ballot for each subsequent election for Federal office held 
     in the State through the next regularly scheduled general 
     election for Federal office (including any runoff elections 
     which may occur as a result of the outcome of such general 
     election) and any special elections for Federal office held 
     in the State through the calendar year following such general 
     election, the State shall provide an absentee ballot to the 
     voter for each such subsequent election.
       ``(2) Exceptions.--Paragraph (1) shall not apply with 
     respect to either of the following:
       ``(A) Voters changing registration.--A voter removed from 
     the list of official eligible voters in accordance with 
     subparagraph (A), (B), or (C) of section 8(a)(3) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     6(a)).
       ``(B) Undeliverable ballots.--A voter whose ballot is 
     returned by mail to the State or local election officials as 
     undeliverable or, in the case of a ballot delivered 
     electronically, if the email sent to the voter was 
     undeliverable or rejected due to an invalid email address.''.
       (2) Conforming amendment.--The heading of section 104 of 
     such Act is amended by striking ``PROHIBITION OF REFUSAL OF 
     APPLICATIONS ON GROUNDS OF EARLY SUBMISSION'' and inserting 
     ``TREATMENT OF BALLOT REQUESTS''.
       (3) Revision to postcard form.--
       (A) In general.--The Presidential designee shall ensure 
     that the official postcard form prescribed under section 
     101(b)(2) of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff(b)(2)) enables a voter using the 
     form to--
       (i) request an absentee ballot for each election for 
     Federal office held in a State through the next regularly 
     scheduled general election for Federal office (including any 
     runoff elections which may occur as a result of the outcome 
     of such general election) and any special elections for 
     Federal office held in the State through the calendar year 
     following such general election; or
       (ii) request an absentee ballot for a specific election or 
     elections for Federal office held in a State during the 
     period described in paragraph (1).
       (B) Presidential designee.--For purposes of this paragraph, 
     the term ``Presidential designee'' means the individual 
     designated under section 101(a) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).

     SEC. 105. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS.

       Paragraph (6) and (8) of section 107 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) 
     are each amended by striking ``and American Samoa'' and 
     inserting ``American Samoa, and the Commonwealth of the 
     Northern Mariana Islands''.

     SEC. 106. BIENNIAL REPORT ON THE EFFECTIVENESS OF ACTIVITIES 
                   OF THE FEDERAL VOTING ASSISTANCE PROGRAM AND 
                   COMPTROLLER GENERAL REVIEW.

       (a) In General.--Section 105A(b) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     4a(b)) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``March 31 of each year'' and inserting 
     ``June 30 of each odd-numbered year''; and
       (B) by striking ``the following information'' and inserting 
     ``the following information with respect to the Federal 
     elections held during the 2 preceding calendar years'';
       (2) in paragraph (1), by striking ``separate assessment'' 
     each place it appears and inserting ``separate assessment and 
     statistical analysis''; and
       (3) in paragraph (2)--
       (A) by striking ``section 1566a'' in the matter preceding 
     subparagraph (A) and inserting ``sections 1566a and 1566b'';
       (B) by striking ``such section'' each place it appears in 
     subparagraphs (A) and (B) and inserting ``such sections''; 
     and
       (C) by adding at the end the following new subparagraphs:
       ``(C) The number of completed official postcard forms 
     prescribed under section 101(b)(2) that were completed by 
     absent uniformed services members and accepted and 
     transmitted.
       ``(D) The number of absent uniformed services members who 
     declined to register to vote under such sections.''.
       (b) Comptroller General Reviews.--Section 105A of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-4a) is amended by redesignating subsection (c) 
     as subsection (d) and by inserting after subsection (b) the 
     following new subsection:
       ``(c) Comptroller General Reviews.--
       ``(1) In general.--
       ``(A) Review.--The Comptroller General shall conduct a 
     review of any reports submitted by the Presidential designee 
     under subsection (b) with respect to elections occurring in 
     calendar years 2014 through 2020.
       ``(B) Report.--Not later than 180 days after a report is 
     submitted by the Presidential designee under subsection (b), 
     the Comptroller General shall submit to the relevant 
     committees of Congress a report containing the results of the 
     review conducted under subparagraph (A).
       ``(2) Matters reviewed.--A review conducted under paragraph 
     (1) shall assess--
       ``(A) the methodology used by the Presidential designee to 
     prepare the report and to develop the data presented in the 
     report, including the approach for designing, implementing, 
     and analyzing the results of any surveys,
       ``(B) the effectiveness of any voting assistance covered in 
     the report provided under subsection (b) and provided by the 
     Presidential designee to absent overseas uniformed services 
     voters and overseas voters who are not members of the 
     uniformed services, including an assessment of--
       ``(i) any steps taken toward improving the implementation 
     of such voting assistance; and
       ``(ii) the extent of collaboration between the Presidential 
     designee and the States in providing such voting assistance; 
     and
       ``(C) any other information the Comptroller General 
     considers relevant to the review.''.
       (c) Conforming Amendments.--
       (1) Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is 
     amended--
       (A) by striking paragraph (6); and
       (B) by redesignating paragraphs (7) through (11) as 
     paragraphs (6) through (10), respectively.
       (2) Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)) is 
     amended--
       (A) in paragraph (5), by striking ``101(b)(7)'' and 
     inserting ``101(b)(6)''; and
       (B) in paragraph (11), by striking ``101(b)(11)'' and 
     inserting ``101(b)(10)''.
       (3) Section 105A(b) of such Act (42 U.S.C. 1973ff-4a(b)) is 
     amended--
       (A) by striking ``Annual Report'' in the subsection heading 
     and inserting ``Biennial Report''; and
       (B) by striking ``In the case of'' in paragraph (3) and all 
     that follows through ``a description'' and inserting ``A 
     description''.

     SEC. 107. EFFECTIVE DATE.

       The amendments made by this title shall apply with respect 
     to the regularly scheduled general election for Federal 
     office held in November 2014 and each succeeding election for 
     Federal office.

 TITLE II--PROVISION OF VOTER ASSISTANCE TO MEMBERS OF THE ARMED FORCES

     SEC. 201. PROVISION OF ANNUAL VOTER ASSISTANCE.

       (a) Annual Voter Assistance.--
       (1) In general.--Chapter 80 of title 10, United States 
     Code, is amended by inserting after section 1566a the 
     following new section:

     ``Sec. 1556b. Annual voter assistance

       ``(a) In General.--The Secretary of Defense shall carry out 
     the following activities:
       ``(1) In coordination with the Secretary of each military 
     department--
       ``(A) affirmatively offer, on an annual basis, each member 
     of the armed forces on active duty (other than active duty 
     for training) the opportunity, through the online system 
     developed under paragraph (2), to--
       ``(i) register to vote in an election for Federal office;
       ``(ii) update the member's voter registration information; 
     or
       ``(iii) request an absentee ballot;
       ``(B) provide services to such members for the purpose of 
     carrying out the activities in clauses (i), (ii), and (iii) 
     of subparagraph (A); and
       ``(C) require any such member who declines the offer for 
     voter assistance under subparagraph (A) to indicate and 
     record that decision.
       ``(2) Implement an online system that, to the extent 
     practicable, is integrated with the existing systems of each 
     of the military departments and that--
       ``(A) provides an electronic means for carrying out the 
     requirements of paragraph (1);
       ``(B) in the case of an individual registering to vote in a 
     State that accepts electronic voter registration and operates 
     its own electronic voter registration system using a form 
     that meets the requirements for mail voter registration forms 
     under section 9(b) of the National Voter Registration Act of 
     1993 (42 U.S.C. 1973gg-7(b)), directs such individual to that 
     system; and
       ``(C) in the case of an individual using the official 
     postcard form prescribed under section 101(b)(2) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff(b)(2)) to register to vote and request an 
     absentee ballot--
       ``(i) pre-populates such official postcard form with the 
     personal information of such individual, and
       ``(ii)(I) produces the pre-populated form and a pre-
     addressed envelope for use in transmitting such official 
     postcard form; or
       ``(II) transmits the completed official postcard form 
     electronically to the appropriate State or local election 
     officials.
       ``(3) Implement a system (either independently or in 
     conjunction with the online system under paragraph (2)) by 
     which any change of address by a member of the armed forces 
     on active duty who is undergoing a permanent change of 
     station, deploying overseas for at least six months, or 
     returning from an overseas deployment of at least six months 
     automatically triggers, through the

[[Page S8192]]

     Defense Enrollment and Eligibility Registration System or 
     related systems, a notification via electronic means to such 
     member that--
       ``(A) indicates that such member's voter registration or 
     absentee mailing address should be updated with the 
     appropriate State or local election officials; and
       ``(B) includes instructions on how to update such voter 
     registration using the online system developed under 
     paragraph (2).
       ``(b) Data Collection.--The online system developed under 
     subsection (a)(2) shall collect and store all data required 
     to meet the reporting requirements of section 201(b) of the 
     Safeguarding Elections for our Nation's Troops through 
     Reforms and Improvements (SENTRI) Act and section 105A(b)(2) 
     of the Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff-4a(b)(2)) in a manner that complies with 
     section 552a of title 5, United States Code, (commonly known 
     as the Privacy Act of 1974) and imposes no new record 
     management burden on any military unit or military 
     installation.
       ``(c) Timing of Voter Assistance.--To the extent 
     practicable, the voter assistance under subsection (a)(1) 
     shall be offered as a part of each service member's annual 
     training.
       ``(d) Regulations.--Not later than 1 year after the date of 
     the enactment of this section, the Secretary of Defense shall 
     prescribe regulations implementing the requirements of 
     subsection (a). Such regulations shall include procedures to 
     inform those members of the armed forces on active duty 
     (other than active duty for training) experiencing a change 
     of address about the benefits of this section and the 
     timeframe for requesting an absentee ballot to ensure 
     sufficient time for State delivery of the ballot.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 80 of such title is amended by inserting 
     after the item relating to section 1566a the following new 
     item:

``1556b. Annual voter assistance.''.

       (b) Report on Status of Implementation.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the relevant committees of Congress a report on the 
     status of the implementation of the requirements of section 
     1566b of title 10, United States Code, as added by subsection 
     (a)(1).
       (2) Elements.--The report under paragraph (1) shall 
     include--
       (A) a detailed description of any specific steps already 
     taken towards the implementation of the requirements of such 
     section 1566b;
       (B) a detailed plan for the implementation of such 
     requirements, including milestones and deadlines for the 
     completion of such implementation;
       (C) the costs expected to be incurred in the implementation 
     of such requirements;
       (D) a description of how the annual voting assistance and 
     system under subsection (a)(3) of such section will be 
     integrated with the Defense Enrollment and Eligibility 
     Registration System or other Department of Defense personnel 
     databases that track military service members' address 
     changes;
       (E) an estimate of how long it will take an average member 
     to complete the voter assistance process required under 
     subsection (a)(1) of such section;
       (F) an explanation of how the Secretary of Defense will 
     collect reliable data on the utilization of the online system 
     under subsection (a)(2) of such section; and
       (G) a summary of any objections, concerns, or comments made 
     by State or local election officials regarding the 
     implementation of such section.
       (3) Relevant committees of congress defined.--In this 
     subsection, the term ``relevant committees of Congress'' 
     means--
       (A) the Committees on Appropriations, Armed Services, and 
     Rules and Administration of the Senate; and
       (B) the Committees on Appropriations, Armed Services, and 
     House Administration of the House of Representatives.

                  TITLE III--ELECTRONIC VOTING SYSTEMS

     SEC. 301. REPEAL OF ELECTRONIC VOTING DEMONSTRATION PROJECT.

       Section 1604 of the National Defense Authorization Act for 
     Fiscal Year 2002 (42 U.S.C. 1973ff note) is repealed.

             TITLE IV--RESIDENCY OF MILITARY FAMILY MEMBERS

     SEC. 401. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING 
                   PURPOSES TO FAMILY MEMBERS OF ABSENT MILITARY 
                   PERSONNEL.

       (a) In General.--Subsection (b) of section 705 of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 595) is 
     amended--
       (1) by striking ``a person who is absent from a State 
     because the person is accompanying the persons's spouse who 
     is absent from that same State in compliance with military or 
     naval orders shall not, solely by reason of that absence'' 
     and inserting ``a dependent of a person who is absent from a 
     State in compliance with military orders shall not, solely by 
     reason of absence, whether or not accompanying that person''; 
     and
       (2) in the heading by striking ``Spouses'' and inserting 
     ``Dependents''.
       (b) Conforming Amendment.--The heading of section 705 of 
     such Act (50 U.S.C. App 595) is amended by striking 
     ``SPOUSES'' and inserting ``DEPENDENTS''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to absences from States described in 
     section 705(b) of the Servicemembers Civil Relief Act (50 
     U.S.C. App. 595(b)), as amended by subsection (a), after the 
     date of the enactment of this Act, regardless of the date of 
     the military orders concerned.
                                 ______