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To establish an Election Administration Commission to study Federal, State, and local voting procedures and election administration and provide grants to modernize voting procedures and election administration, and for other purposes.

December 15 (legislative day, SEPTEMBER 22), 2000

Mr. MCCONNELL (for himself, Mr. TORRICELLI, Mrs. FEINSTEIN, Mr. ALLARD, Mr. SMITH of Oregon, Ms. LANDRIEU, Mr. BURNS, Mr. BENNETT, Mr. BREAUX, Mr. HUTCHINSON, and Mr. SANTORUM) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

To establish an Election Administration Commission to study Federal, State, and local voting procedures and election administration and provide grants to modernize voting procedures and election administration, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Election Reform Act'.

SEC. 2. ESTABLISHMENT OF ELECTION ADMINISTRATION COMMISSION.

There is established a commission to be known as the Election Administration Commission (in this Act referred to as the `Commission').

SEC. 3. DUTIES OF THE COMMISSION.

(a) IN GENERAL- The Commission shall--

(1) develop, update, and adopt, by vote of the Commission, not less often than every 4 years, voluntary engineering and procedural performance standards for voting systems used in Federal, State, and local elections;

(2) 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, and develop, update, and adopt, by vote of the Commission, not less often than every 4 years, voluntary procedures for maintaining and enhancing the accessibility of registration facilities, polling places, and voting methods for voters, including disabled voters;

(3) have primary responsibility to carry out Federal functions under title I of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) as the Presidential designee;

(4) develop, update, and adopt, by vote of the Commission, not less often than every 4 years, recommendations for voluntary procedures for maintaining and enhancing the administration of Federal, State, and local elections;

(5) carry out the provisions of section 9 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding mail voter registration;

(6) make available information regarding the Federal election system to the public and media;

(7) assemble and make available bipartisan panels of election professionals to assist any State election official, upon request, in review of election or vote counting procedures in Federal, State, and local elections; and

(8) compile and make available to the public the official certified results of Federal elections and statistics regarding national voter registration and turnout.

(b) STUDY OF ELECTION ADMINISTRATION- Beginning on the date that is 1 day after the date on which all the members are initially appointed to the Commission, the Commission shall make periodic studies, which shall be made available to the public, of issues related to the administration of elections, such as procedures which represent the best practices in election administration, including--

(1) election technology and systems and ballot design;

(2) voter registration, and verification and maintenance of voter rolls;

(3) access to polling places;

(4) alternative voting methods; and

(5) the accuracy and security of election procedures and vote counts.

(c) GRANT PROGRAM-

(1) GRANT AUTHORITY-

(A) IN GENERAL- Not less often than once each calendar year, the Commission shall solicit and review applications from State and local governments for grants to improve and modernize the administration of elections using procedures consistent with voluntary recommendations adopted by the Commission.

(B) AWARD- The Commission shall, by vote, award grants to State and local governments that submit applications.

(2) STATE AND LOCAL APPLICATIONS- State and local governments shall submit applications to the Commission for grants under paragraph (1) in such time and such manner and containing such information as the Commission shall by regulation require.

(3) USE OF FUNDS-

(A) MATCHING FUNDS- The Commission shall ensure that any State or local government receiving a grant under this subsection shall expend State or local funds in an amount equal to not less than 25 percent of the amount of the grant awarded.

(B) AUDIT- A State or local government receiving a grant under this subsection shall agree that any funds under the grant are subject to audit whenever the Commission, by vote, requests an audit.

(4) AMOUNT OF GRANT; TIME-

(A) AMOUNT OF GRANT- The Commission shall award grants under this subsection for each fiscal year in an aggregate amount not to exceed $100,000,000 or such greater amount as may be appropriated for such fiscal year.

(B) TIME TO ALLOCATE- The Commission shall begin review of applications for grants under this subsection on the date which is 1 year after all members of the Commission are initially appointed.

(5) APPROPRIATIONS- Funds appropriated for a fiscal year to the Commission to award grants under this subsection that are not used for such purpose shall be returned to the Treasury by the end of such year.

(d) REPORT- The Commission shall annually submit a report regarding the activities of the Commission to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.

SEC. 4. MEMBERSHIP.

(a) MEMBERSHIP-

(1) COMPOSITION- The Commission shall be composed of 4 members appointed by the President, by and with the advice and consent of the Senate.

(2) PARTY AFFILIATION- Not more than 2 of the 4 members appointed under paragraph (1) may be members of the same party.

(3) QUALIFICATIONS- Members appointed under paragraph (1) shall be chosen on the basis of experience with and knowledge of State and local election administration, integrity, impartiality, and good judgment, and members shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive or legislative branch of the Federal Government. Such individuals shall not engage in any other business, vocation, or employment.

(4) PERIOD OF APPOINTMENT; VACANCIES-

(A) PERIOD OF APPOINTMENT- Members shall be appointed for a term of 4 years, except that of the members first appointed--

(i) 2 of the members, not affiliated with the same party, shall be appointed for 5 years; and

(ii) 2 of the members, not affiliated with the same party, shall be appointed for 4 years.

(B) VACANCIES-

(i) IN GENERAL- A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.

(ii) EXPIRED TERMS- A member of the Commission may serve on the Commission after the expiration of the member's term until the successor of such member has taken office as a member of the Commission.

(iii) UNEXPIRED TERMS- An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.

(5) COMPENSATION OF MEMBERS- Each member of the Commission shall receive compensation equivalent to the annual rate of basic pay prescribed for level IV of the Executive Schedule, under section 5315 of title 5, United States Code.

(6) CHAIRPERSON; VICE CHAIRPERSON-

(A) IN GENERAL- The Commission shall elect a chairperson and vice chairperson from among its members for a term of 1 year.

(B) NUMBER OF TERMS- A member may serve as a chairperson only once during any term of office to which such member is appointed.

(C) POLITICAL AFFILIATION- The chairperson and vice chairperson shall not be affiliated with the same political party.

(b) DATE OF APPOINTMENT- The appointments of the members of the Commission shall be made not later than 45 days after the date of enactment of this Act.

(c) MAJORITY VOTE- All decision of the Commission with respect to the exercise of its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission.

(d) MEETINGS- The Commission shall meet at least once each month and at the call of any member of the Commission.

(e) JURISDICTION OF COMMISSION- The Commission shall formulate and administer policy with respect to the matters and duties in the jurisdiction of the Commission under this Act.

SEC. 5. POWERS OF THE COMMISSION.

(a) HEARINGS AND SESSIONS- The Commission may hold such hearings for the purpose of carrying out this Act, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission may administer oaths and affirmations to witnesses appearing before the Commission.

(b) INFORMATION FROM FEDERAL AGENCIES- The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.

(c) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(d) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the chairperson of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services that are necessary to enable the Commission to carry out its duties under this Act.

SEC. 6. COMMISSION PERSONNEL MATTERS.

(a) STAFF-

(1) IN GENERAL- The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

(2) COMPENSATION- The chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

(b) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(c) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act.

SEC. 8. OFFICE OF ELECTION ADMINISTRATION OF THE FEDERAL ELECTION COMMISSION.

There are transferred to the Commission established under section 2 all functions which the Office of Election Administration, established within the Federal Election Commission, exercised before the date of enactment of this Act.

SEC. 9. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.

(a) TRANSFER OF FUNCTIONS- There are transferred to the Commission established under section 2 all functions which the Presidential designee under title 1 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) exercised before the date of enactment of this Act.

(b) TRANSITION- With the consent of the appropriate department or agency concerned, the Commission is authorized to utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions have been transferred to the Commission for such period of time as may reasonably be needed to facilitate the orderly transfer of functions under this section.

(c) TECHNICAL AMENDMENT- Section 101 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff) is amended by striking subsection (a) and inserting the following:

`(a) PRESIDENTIAL DESIGNEE- The Election Administration Commission shall have primary responsibility for Federal functions under this title as the Presidential designee.'.

SEC. 10. TECHNICAL AMENDMENTS.

(a) FEDERAL ELECTION CAMPAIGN ACT- Section 311(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--

(1) in paragraph (8), by inserting `and' at the end;

(2) in paragraph (9), by striking `; and' and inserting a period; and

(3) by striking paragraph (10) and the second and third sentences.

(b) NATIONAL VOTER REGISTRATION ACT OF 1993- Section 9(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) is amended by striking `Federal Election Commission' and inserting `Election Administration Commission'.