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<PRE>[DOCID: f:h775ih.txt]






107th CONGRESS
  1st Session
                                H. R. 775

To establish a program to provide funds to State and local governments 
    to replace punch card voting systems, to establish the Election 
Administration Commission to make grants to State and local governments 
  to assist in the administration of Federal elections, to develop a 
    model election code, and otherwise provide assistance with the 
 administration of certain Federal election laws and programs, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2001

  Mr. Hoyer (for himself, Mr. Horn, Mr. Price of North Carolina, Mr. 
   Fattah, Mr. Davis of Florida, Mr. Frost, Mr. Menendez, Ms. Eddie 
  Bernice Johnson of Texas, Mr. Reyes, Mr. Dingell, Mr. Stenholm, Mr. 
   Lantos, Mr. Abercrombie, Mr. Blagojevich, Mr. Brown of Ohio, Mr. 
 Langevin, Mr. Baca, Mr. Baird, Mr. Bentsen, Ms. Brown of Florida, Mr. 
Boyd, Mr. Carson of Oklahoma, Mrs. Christensen, Mr. Clay, Mr. Crowley, 
  Mr. Deutsch, Mr. Dooley of California, Mr. Etheridge, Mr. Ford, Mr. 
 Gonzalez, Mr. Gordon, Mr. Hall of Ohio, Mr. Hastings of Florida, Mr. 
  Hill, Mr. Hinojosa, Mr. Holt, Mr. Jackson of Illinois, Ms. Lee, Mr. 
    Jefferson, Mrs. Jones of Ohio, Mr. Kennedy of Rhode Island, Mr. 
  Lipinski, Mrs. Maloney of New York, Mr. Matheson, Ms. McCollum, Mr. 
 McGovern, Ms. McKinney, Mrs. Meek of Florida, Mr. Moore, Mr. Pastor, 
 Mr. Ross, Ms. Roybal-Allard, Mr. Rush, Mrs. Tauscher, Mr. Thompson of 
 California, Mr. Thompson of Mississippi, Mrs. Thurman, Mr. Towns, Mr. 
   Watt of North Carolina, Mr. Wexler, and Mr. Wynn) introduced the 
     following bill; which was referred to the Committee on House 
Administration, and in addition to the Committee on Government Reform, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish a program to provide funds to State and local governments 
    to replace punch card voting systems, to establish the Election 
Administration Commission to make grants to State and local governments 
  to assist in the administration of Federal elections, to develop a 
    model election code, and otherwise provide assistance with the 
 administration of certain Federal election laws and programs, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Voting Improvement 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--BUY OUT PROGRAM FOR PUNCH CARD VOTING MACHINES

Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.
Sec. 106. Authorization of appropriations.
              TITLE II--ELECTION ADMINISTRATION COMMISSION

           Subtitle A--Establishment and General Organization

Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Election Administration Commission Advisory Group.
Sec. 205. Staff.
Sec. 206. Powers of the Commission.
               Subtitle B--Election Administration Office

Sec. 211. Establishment.
Sec. 212. Duties.
                Subtitle C--Grant Administration Office

Sec. 221. Establishment.
Sec. 222. Grant program.
Sec. 223. Eligibility.
Sec. 224. Program guidelines.
Sec. 225. Other requirements for recipients.
Sec. 226. Approval by members of Commission required for grants.
Sec. 227. Reports.
Sec. 228. Authorization of appropriations.
                    Subtitle D--Model Election Code

Sec. 231. Development of model election code.
Sec. 232. Options for method of development.
   TITLE III--LEAVE FOR FEDERAL EMPLOYEES SERVING AS VOLUNTEER POLL 
                                WORKERS

Sec. 301. Election day leave for Federal employees serving as poll 
                            workers.
                    TITLE IV--TRANSITION PROVISIONS

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

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

Sec. 411. Treatment of Commission personnel under certain civil service 
                            laws.
Sec. 412. Coverage under Inspector General Act of 1978.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. State defined.
Sec. 502. No effect on other laws.

        TITLE I--BUY OUT PROGRAM FOR PUNCH CARD VOTING MACHINES

SEC. 101. ESTABLISHMENT OF PROGRAM.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of General Services (hereafter 
in this title referred to as the ``Administrator'') shall establish a 
program under which the Administrator shall make a one-time payment to 
each eligible State or unit of local government which used a punch card 
voting system to administer the regularly scheduled general election 
for Federal office held in November 2000.
    (b) Use of Funds.--A State or unit of local government shall use 
the funds provided under a payment under this title (either directly or 
as reimbursement) to replace its punch card voting system with a voting 
system which does not use punch cards (by purchase, lease, or such 
other arrangement as may be appropriate) in time for the regularly 
scheduled general election for Federal office to be held in November 
2002.

SEC. 102. ELIGIBILITY.

    (a) States.--A State is eligible to receive a payment under the 
program under this title if it submits to the Administrator an 
application not later than 120 days after the date of the enactment of 
this Act (in such form as the Administrator may require) which 
contains--
            (1) assurances that the State will use the payment (either 
        directly or as reimbursement) to replace punch card voting 
        systems in all jurisdictions within the State which used such 
        systems to carry out the general Federal election held in 
        November 2000;
            (2) assurances that in replacing punch card voting systems 
        the State will continue to meet its duties under the Voting 
        Accessibility for the Elderly and Handicapped Act (42 U.S.C. 
        1973ee et seq.); and
            (3) such other information and assurances as the 
        Administrator may require.
    (b) Units of Local Government.--A unit of local government is 
eligible to receive a payment under the program under this title if it 
submits to the Administrator an application (at such time and in such 
form as the Administrator may require) which contains assurances that 
the State in which the unit of local government is located failed to 
submit an application under subsection (a) within the deadline 
specified under such subsection, or is otherwise not eligible to 
receive a payment under the program, together with such other 
information and assurances as the Administrator may require.

SEC. 103. AMOUNT OF PAYMENT.

    The amount of payment made to a State or unit of local government 
under the program under this title shall be equal to the cost to the 
State or unit of local government (as the case may be) of replacing its 
punch card voting systems, except that in no case may the amount of the 
payment exceed the p
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roduct of--
            (1) the number of voting precincts administered by the 
        State or unit of local government which use a punch card voting 
        system; and
            (2) $6,000.

SEC. 104. AUDIT AND REPAYMENT OF FUNDS.

    (a) Audit.--Funds provided under the program under this title shall 
be subject to audit by the Administrator.
    (b) Repayment for Failure To Meet Requirements.--If a State or unit 
of local government (as the case may be) receiving funds under the 
program under this title fails to replace all of the punch card voting 
systems under its jurisdiction in time for the regularly scheduled 
general Federal election to be held in November 2002, the State or unit 
of local government shall pay to the Administrator an amount equal to 
the amount of the funds provided to the State or unit of local 
government under the program.

SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.

    For purposes of this subtitle, a ``punch card voting system'' means 
any of the following voting systems:
            (1) C.E.S.
            (2) Datavote.
            (3) PBC Counter.
            (4) Punch Card.
            (5) Vote Recorder.
            (6) Votomatic.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for 
payments under this title $432,000,000, to remain available until 
expended (subject to subsection (b)).
    (b) Use of Returned Funds and Funds Remaining Unexpended for 
Election Administration Grants.--
            (1) In general.--The amounts referred to in paragraph (2) 
        shall be transferred to the Election Administration Commission 
        (established under title II) and used by the Grant 
        Administration Office of such Commission to make grants under 
        the program described in subtitle C of title II.
            (2) Amounts described.--The amounts referred to in this 
        paragraph are as follows:
                    (A) Any amounts appropriated pursuant to the 
                authorization under this section which remain 
                unobligated as of the date of the regularly scheduled 
                general election for Federal office held in November 
                2002.
                    (B) Any amounts paid to the Administrator by a 
                State or unit of local government under section 104(b).

              TITLE II--ELECTION ADMINISTRATION COMMISSION

           Subtitle A--Establishment and General Organization

SEC. 201. ESTABLISHMENT.

    There is hereby established as an independent entity in the 
executive branch the Election Administration Commission (hereafter in 
this title referred to as the ``Commission'').

SEC. 202. DUTIES.

    The Commission shall serve as a national clearinghouse and resource 
for the compilation of information and review of procedures with 
respect to the administration of Federal elections by--
            (1) carrying out the duties described in subtitle B (acting 
        through the Election Administration Office described in such 
        subtitle);
            (2) carrying out the duties described in subtitle C (acting 
        through the Grant Administration Office described in such 
        subtitle); and
            (3) developing the model election code described in 
        subtitle D.

SEC. 203. MEMBERSHIP AND APPOINTMENT.

    (a) Composition.--
            (1) In general.--The Commission shall be composed of 4 
        members appointed by the President, by and with the consent of 
        the Senate, of whom--
                    (A) 1 shall be appointed from among a list of 
                nominees submitted by the President Pro Tempore of the 
                Senate (or, if the President Pro Tempore is a member of 
                the same political party as the President, by the 
                minority leader of the Senate); and
                    (B) 1 shall be appointed from among a list of 
                nominees submitted by the speaker of the House of 
                Representatives (or, if the Speaker is a member of the 
                same political party as the President, by the minority 
                leader of the House of Representatives).
            (2) Party affiliation.--Not more than 2 of the members of 
        the Commission may be affiliated with the same political party.
            (3) Qualifications.--Each member of the Commission shall 
        have experience with or expertise in election administration or 
        the study of elections, except that no individual may serve as 
        a member of the Commission if the individual is an officer or 
        employee of the Federal Government at any time during the 
        period of service on the Commission.
            (4) Date of appointment.--the appointments of the members 
        of the Commission shall be made not later than 30 days after 
        the date of enactment of this Act.
    (b) Term of Service.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), members shall serve for a term of 4 years and may be 
        reappointed for not more than one additional term.
            (2) Terms of initial appointees.--As designated by the 
        President at the time of appointment, of the members first 
        appointed--
                    (A) 2 of the members (not more than 1 of whom may 
                be affiliated with the same political party) shall be 
                appointed for a term of 2 years; and
                    (B) 2 of the members (not more than 1 of whom may 
                be affiliated with the same political party) shall be 
                appointed for a term of 4 years.
            (3) Vacancies.--
                    (A) 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.
                  (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 shall be appointed for the unexpired term of 
                the member replaced.
    (c) Chair and Vice Chair.--The Commission shall select a chair and 
vice chair from among its members for a term of 1 year, except that the 
chair and vice chair may not be affiliated with the same political 
party.
    (d) Compensation of Members.--Each member of the Commission 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.

SEC. 204. ELECTION ADMINISTRATION COMMISSION ADVISORY GROUP.

    (a) Establishment.--There is hereby established the Election 
Administration Commission Advisory Group (hereafter in this title 
referred to as the ``Advisory Group'').
    (b) Membership.--
            (1) In general.--The Advisory Group shall be composed of 15 
        members appointed as follows:
                    (A) 2 members appointed by the United States 
                Commission on Civil Rights.
                    (B) 2 members appointed by the National 
                Accessibility Board.
                    (C) 2 members appointed by the National Governors 
                Association.
                    (D) 2 members appointed by the National Association 
                of Secretaries of State.
                    (E) 2 members appointed by the National Association 
                of State Election Directors.
                    (F) 2 members appointed by the National Association 
                of County Recorders, Election Administrators, and 
                Clerks.
                    (G) 1 member appointed by the Election Center.
                    (H) 2 members appointed by the International 
  
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              Association of County Recorders, Election Officials, 
                and Treasurers.
            (2) Encouraging diversity in appointments.--The entities 
        described in paragraph (1) are encouraged to make appointments 
        to the Advisory Group in a manner which ensures that the 
        Advisory Group will be bipartisan in nature and will reflect 
        the various geographic regions of the United States.
            (3) Term of service; vacancy.--Members of the Advisory 
        Group shall serve for a term of 4 years, and may be 
        reappointed. Any vacancy in the Advisory Group shall be filled 
        in the manner in which the original appointment was made.
            (4) No compensation for service.--Members of the Advisory 
        Group shall not receive any compensation for their service, but 
        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 Advisory Group.
            (5) Chair.--The Advisory Group shall appoint a Chair from 
        among its members.
            (6) Meetings.--The Advisory Group shall meet at the call of 
        its Chair.
    (c) Duties.--In addition to such other functions as may be provided 
in this Act, the Advisory Group shall advise the Commission in carrying 
out its duties under this Act, and shall hold not fewer than 2 meetings 
with the Commission every year for such purpose.

SEC. 205. STAFF.

    (a) Executive Director.--The Commission shall have an Executive 
Director who shall be appointed by the Chair. The Executive Director 
shall be paid at a rate not to exceed the rate of basic pay for level V 
of the Executive Schedule.
    (b) Staff.--Subject to rules prescribed by the Commission, the 
Executive Director may appoint and fix the pay of such additional 
personnel as the Executive Director considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Executive 
Director and staff of the Commission may be appointed without regard to 
the provisions of title 5, United States Code, governing appointments 
in the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates, except that 
an individual so appointed may not receive pay in excess of the annual 
rate of basic pay for the level V of the Executive Schedule.
    (d) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the Executive Director may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code.
    (e) Staff of Federal Agencies.--Upon request of the Chair, the head 
of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.

SEC. 206. 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 Chair 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 Chair 
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.
    (e) Contracts.--The Commission may contract with and compensate 
persons and Federal agencies for supplies and services without regard 
to section 3709 of the Revised Statutes (41 U.S.C. 5).
    (f) Gifts and Donations.--The Commission may accept, use, and 
dispose of gifts or donations of services or property to carry out this 
Act.

               Subtitle B--Election Administration Office

SEC. 211. ESTABLISHMENT.

    There shall be established within the Commission an office to be 
known as the ``Election Administration Office''.

SEC. 212. DUTIES.

    (a) In General.--The Election Administration Office shall:
            (1) By vote of the Commission, develop, adopt, and update 
        (not less often than every 2 years) voluntary engineering and 
        procedural performance standards for voting systems used in 
        Federal local elections.
            (2) Advise States and units of local government 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 by vote of 
        the Commission, develop, adopt, and update (not less often than 
        every 4 years) voluntary procedures for maintaining and 
        enhancing the accessibility and privacy of registration 
        facilities, polling places, and voting methods for voters, 
        including disabled voters.
            (3) 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) Make periodic studies available to the public regarding 
        issues related to the administration of elections, including an 
        assessment of the procedures which represent the best practices 
        in election administration, including practices relating to--
                    (A) election equipment technology and systems;
                    (B) ballot design;
                    (C) voter registration and the verification and 
                maintenance of voter rolls;
                    (D) alternative voting methods;
                    (E) the accuracy of election procedures and vote 
                counting procedures; and
                    (F) voter education materials, including sample 
                ballots and instructions for the use of voting 
                equipment.
            (5) By vote of the Commission, develop, adopt, and update 
        (not less often than every 4 years) voluntary election 
        management practice standards for State and local election 
        officials to maintain and enhance the administration of Federal 
        elections which include the best practices described in 
        paragraph (4).
            (6) 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.
            (7) Make information on the Federal election system 
        available to the public and the media.
            (8) At the request of State officials, assist such 
        officials in the review of election or vote counting procedures 
        in Federal elections, through bipartisan panels of election 
        professionals assembled by the Office for such purpose.
            (9) Compile and make available to the public the official 
        certified results of general elections for Federal office and 
        reports comparing the rates of voter registration, voter 
        turnout, voting system functions, and ballot errors among 
        jurisdictions in the United States.
    
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(b) Consultation With Advisory Group.--The Election Administration 
Office shall carry out its duties under this subtitle in consultation 
with the Election Administration Commission Advisory Group established 
under section 204.

                Subtitle C--Grant Administration Office

SEC. 221. ESTABLISHMENT.

    There shall be established within the Commission an office to be 
known as the ``Grant Administration Office'' (hereafter in this 
subtitle referred to as the ``Office'').

SEC. 222. GRANT PROGRAM.

    (a) In General.--The Office shall carry out a program for making 
grants to eligible States and units of local government and eligible 
manufacturers of voting equipment in accordance with this subtitle.
    (b) Use of Funds.--
            (1) State and local governments.--A State or unit of local 
        government receiving funds under a grant under this subtitle 
shall use the funds to improve or replace voting equipment or 
technology or to implement any of the best practices in election 
administration developed by the Election Administration Office under 
section 212(a)(4), except that the State or unit of local government 
shall use not less than 20 percent of the funds provided to carry out 
projects to educate voters and train election officials and poll 
workers.
            (2) Manufacturers of voting equipment.--A manufacturer of 
        voting equipment receiving funds under a grant under this 
        subtitle shall use the funds to carry out research and 
        development of improved and modernized voting equipment.
    (c) Schedule of Solicitation of Proposals.--Not later than 1 year 
after all members of the Commission are appointed, and not less 
frequently than once each calendar year thereafter, the Office shall 
solicit and review applications for grants under the program under this 
subtitle.

SEC. 223. ELIGIBILITY.

    (a) In General.--Subject to section 226, a State, unit of local 
government, or manufacturer of voting equipment is eligible to receive 
a grant under this subtitle if it submits to the Office (in such form 
and manner as the Office may require) an application containing--
            (1) information and assurances that the applicant meets the 
        criteria established by the Office under section 224(b);
            (2) information and assurances that the applicant meets the 
        requirements of section 225; and
            (3) such other information and assurances as the Office may 
        require.
    (b) Deadline for Application by States.--A State may not receive a 
grant under this subtitle during a year unless it submits its 
application under subsection (a) prior to the expiration of the 120-day 
period which begins on the date the Office first solicits applications 
for grants during the year under section 222(c).
    (c) Special Rule for Participation of Local Governments.--A unit of 
local government may receive a grant under this subtitle during a 
calendar year only if the State in which the unit of local government 
is located does not submit an application under subsection (a) within 
the deadline specified under subsection (b) for the year.

SEC. 224. PROGRAM GUIDELINES.

    (a) Establishment of Guidelines.--The Office shall establish 
guidelines for the awarding of grants under this subtitle and for the 
use of the funds provided under such grants.
    (b) Minimum Criteria for Eligibility.--
            (1) State and local governments.--The guidelines 
        established by the Office under subsection (a) shall require a 
        State or unit of local government to meet the following 
        criteria to receive a grant under this subtitle:
                    (A) The State or unit shall provide assurances that 
                it is in compliance with the applicable requirements of 
                the National Voter Registration Act of 1993, and that 
                all registrants who register with an appropriate State 
                motor vehicle authority or designated voter 
                registration agency under such Act are entered on the 
                official list of eligible registered voters.
                    (B) If the State or unit carries out a program for 
                the removal of individuals from the official list of 
                eligible registered voters, the State or unit shall 
                provide assurances that the program contains adequate 
                safeguards to protect against the removal of any 
                individual who is legally eligible to remain on the 
                list.
                    (C) The State or unit shall provide assurances that 
                it is in compliance with the applicable requirements of 
                the Voting Accessibility for the Elderly and 
                Handicapped Act and that voters with special needs are 
                provided the opportunity for access and participation 
                in elections in each jurisdiction in a manner which 
                protects their privacy and independence in voting.
                    (D) The State or unit shall provide assurances that 
                absent uniformed services voters (as defined in section 
                107(1) of the Uniformed and Overseas Citizens Absentee 
                Voting Act) and overseas voters (as defined in section 
                107(5) of such Act) in the jurisdiction are provided 
                the adequate opportunity to participate in elections.
                    (E) The State or unit shall meet such other 
                criteria as the Office may by regulation require.
            (2) Manufacturers of voting equipment.--The guidelines 
        established by the Office under subsection (a) shall require a 
        manufacturer of voting equipment to meet the following criteria 
        to receive a grant under this subtitle:
                    (A) The manufacturer shall provide assurances that 
                the research and development funded with the grant will 
                take into account the need to make voting equipment 
                fully accessible for individuals with disabilities and 
blind individuals.
    (B) The manufacturer shall meet such other criteria as the Office 
may by regulation require.
    (c) Priorities in Allocation of State and Local Government Funds.--
The criteria established by the Office under subsection (a) shall 
include criteria for the allocation of funds under this subtitle to 
eligible States and units of local government which give priority to 
jurisdictions with higher ballot error and ballot rejection rates and 
lower per capita income rates.

SEC. 225. OTHER REQUIREMENTS FOR RECIPIENTS.

    (a) Matching.--
            (1) In general.--The amount of a grant provided to a State, 
        unit of local government, or manufacturer of voting equipment 
        under the program under this subtitle shall be equal to the 
        Federal share of the total cost of the project or activity to 
        be funded with the grant.
            (2) Federal share.--In paragraph (1), the ``Federal share'' 
        means--
                    (A) 75 percent, in the case of a grant provided to 
                a State or unit of local government; or
                    (B) 50 percent, in the case of a grant provided to 
                a manufacturer or voting equipment.
    (b) Audit.--As a condition of receiving funds under a grant under 
the program under this subtitle, a State unit of local government, or 
manufacturer of voting equipment shall agree that such funds shall be 
subject to audit if a majority of the members of the Commission vote to 
require an audit.

SEC. 226. APPROVAL BY MEMBERS OF COMMISSION REQUIRED FOR GRANTS.

    (a) Recommendation.--If the Office approves an application of a 
State, unit of local government, or manufacturer of voting equipment 
for a grant under this subtitle, the Office shall forward a 
recommendation to the members of the Commission that the State, unit of 
local government, or manufacturer receive the grant.
    (b) Approval.--A State, unit of local government, or manufactu
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of voting equipment shall receive a grant under this subtitle if, after 
consulting with the Advisory Group, the majority of the members of the 
Commission vote to approve the recommendation of the Office.

SEC. 227. REPORTS.

    Not later than 90 days after the end of each fiscal year, the 
Commission shall submit a report to the Committee on House 
Administration of the House of Representatives and the Committee on 
Rules and Administration of the Senate on the activities carried out by 
the Office during the previous fiscal year.

SEC. 228. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for grants under this 
subtitle--
            (1) $150,000,000 for fiscal year 2002, of which--
                    (A) $140,000,000 shall be used for grants to State 
                and local governments, and
                    (B) $10,000,000 shall be used for grants to 
                manufacturers of voting equipment; and
            (2) such sums as may be necessary for fiscal year 2003 and 
        each succeeding fiscal year.

                    Subtitle D--Model Election Code

SEC. 231. DEVELOPMENT OF MODEL ELECTION CODE.

    (a) In General.--Not later than 2 years after the appointment of 
its members, the Commission shall develop a model election code.
    (b) Process.--The Commission shall--
            (1) develop the model election code under this subtitle 
        through a collaborative effort;
            (2) create a nonpartisan analysis of legal issues affecting 
        the administration of elections with the goal of promoting the 
        clarification and simplification of election law; and
            (3) publish and provide the code to States to serve as a 
        set of comprehensive election laws which may be used by States 
        and units of local government to revise their election laws and 
        procedures.
    (c) Other Procedural Requirements.--In developing the model 
election code under this subtitle, the Commission shall--
            (1) undertake a complete review of existing State election 
        laws;
            (2) solicit comment from the public; and
            (3) consult with the Advisory Group.

SEC. 232. OPTIONS FOR METHOD OF DEVELOPMENT.

    (a) In General.--To carry out its responsibilities under this 
subtitle, the Commission may--
            (1) enter into a contract with an appropriate entity with 
        experience in drafting uniform State legislation; or
            (2) appoint a Model Election Code Task Force pursuant to 
        subsection (b) to prepare the model election code and submit it 
        to the Commission for its approval.
    (b) Model Election Code Task Force.--
            (1) In general.--If the Commission chooses the option 
        described in subsection (a)(2), not later than 60 days after 
        the appointment of all of its members, the Commission shall 
        appoint 8 individuals to serve on a Model election Code Task 
        Force (hereafter in this section referred to as the ``Task 
        Force'').
            (2) Qualifications.--Members of the Task Force shall be 
        chosen from among individuals who are scholars in the area of 
        elections and election reform, state legislators with 
        experience in overseeing election law, and legal practitioners 
        and judges with expertise in the practice of election law.
            (3) Treatment of individuals serving on task force.--
                    (A) No compensation provided.--Individuals serving 
                on the Task Force shall not receive any compensation 
                for their service, but 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 Task 
                Force.
                    (B) Delegation of powers of commission.--
                Individuals serving on the Task Force shall not be 
                considered to be employees of the Commission, but the 
                Commission may delegate any of its powers under section 
                206 to the Task Force and its members.

   TITLE III--LEAVE FOR FEDERAL EMPLOYEES SERVING AS VOLUNTEER POLL 
                                WORKERS

SEC. 301. ELECTION DAY LEAVE FOR FEDERAL EMPLOYEES SERVING AS POLL 
              WORKERS.

    (a) In General.--Subchapter II of chapter 63 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 6328. Absence in connection with serving as an uncompensated 
              poll worker
    ``(a) An employee is entitled to leave without loss of or reduction 
in pay, leave to which otherwise entitled, credit for time or service, 
or performance or efficiency rating, in order to serve as an 
uncompensated poll worker on the day of any general election for 
Federal office.
    ``(b) For purposes of this section--
            ``(1) the term `poll worker' means any individual who acts 
        in a nonpartisan capacity as an employee or representative of a 
        unit of local government to aid in the administration of an 
        election at a polling place;
            ``(2) the term `Federal office' shall have the meaning 
        given such term by section 301 of the Federal Election Campaign 
        Act of 1971; and
            ``(3) any determination as to whether or not an individual 
        has been `compensated' for any particular services shall be 
        made disregarding any benefits that are of only de minimis 
        value (such as for meals or travel).
    ``(c) Nothing in this section shall be considered to authorize an 
employee to engage in any conduct that is prohibited by subchapter III 
of chapter 73 or any other provision of law.
    ``(d) The Office of Personnel Management may prescribe regulations 
for the administration of this section.''.
    (b) Clerical Amendment.--The table of sections for chapter 63 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 6327 the following:

``6328. Absence in connection with serving as an uncompensated poll 
                            worker.''.

                    TITLE IV--TRANSITION PROVISIONS

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

SEC. 401. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) Transfer of Functions of Office of Election Administration of 
Federal Election Commission.--There are transferred to the Election 
Administration Commission established under section 201 all functions 
which the Office of the Election Administration, established within the 
Federal Election Commission, exercised before the date of enactment of 
this Act.
    (b) Conforming Amendment.--Section 311(a) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
            (1) in paragraph (8), by inserting ``and'' at the end;
            (2) in paragraph (9), by striking ``; and'' and inserting a 
        period; and
            (3) by striking paragraph (10) and the second and third 
        sentences.

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

    (a) Transfer of Functions.--There are transferred to the Election 
Administration Commission established under section 201 all functions 
which the Presidential designee under title I of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) 
exercised before the date of enactment of this Act.
    (b) Conforming Amendment.--Section 101 of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff) is amended by 
striking subsection (a) and inserting the following:
    ``(a) Presidential Designee.--The Election Administration 
Commission shall have primary responsibility for Federal functions 
under this title as the Presidential designee.''.

SEC. 403. NATIONAL VOTER REGISTRATION ACT OF 1993
1199
.

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

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

    (a) Property and Records.--The contracts, liabilities, records, 
property, and other assets and interests of, or made available in 
connection with, the offices and functions of the Federal Election 
Commission which are transferred by this subtitle are transferred to 
the Election Administration Commission for appropriate allocation.
    (b) Personnel.--
            (1) In general.--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.
            (2) Effect.--Any full-time or part-time personnel employed 
        in permanent positions shall not be separated or reduced in 
        grade or compensation because of the transfer under this 
        subsection during the 1-year period beginning on the date of 
        the enactment of this Act.

SEC. 405. EFFECTIVE DATE; TRANSITION.

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

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

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

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

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

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

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. STATE DEFINED.

    In this Act, the term ``State'' includes the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, and the United 
States Virgin Islands.

SEC. 502. NO EFFECT ON OTHER LAWS.

    (a) In General.--Nothing in this Act and no action taken pursuant 
to this Act shall supersede, restrict, or limit the application of the 
Voting Rights Act of 1965, the National Voter Registration Act of 1993, 
or the Americans with Disabilities Act of 1990.
    (b) No Conduct Authorized Which Is Prohibited Under Other Laws.--
Nothing in this Act authorizes or requires any conduct which is 
prohibited by the Voting Rights Act of 1965, the National Voter 
Registration Act of 1993, or the Americans with Disabilities Act of 
1990.
    (c) Application to States, Local Governments, and Commission.--
Nothing in this Act may be construed to affect the application of the 
Voting Rights Act of 1965, the National Voter Registration Act of 1993, 
or the Americans with Disabilities Act of 1990 to any State, unit of 
local government, or other person, or to grant to the Commission the 
authority to carry out activities inconsistent with such Acts.
                                 &lt;all&gt;

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