I 

111TH CONGRESS 

1ST SESSION H. R. 1659 

To amend the Uniformed and Overseas Citizens Absentee Voting Act to 

require the Presidential designee responsible for carrying out Federal 

functions under the Act to have experience in election administration 

and be approved by the Senate, to establish the Overseas Voting Advisory 

Board to oversee the administration of the Act so that American citizens 

who live overseas or serve in the military can participate in elections 

for public office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2009 

Mrs. MALONEY (for herself and Mr. HONDA) introduced the following bill; 

which was referred to the Committee on House Administration, and in 

addition to the Committee on Rules, 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 amend the Uniformed and Overseas Citizens Absentee 

Voting Act to require the Presidential designee responsible for carrying out Federal functions under the Act 

to have experience in election administration and be approved by the Senate, to establish the Overseas Voting 

Advisory Board to oversee the administration of the Act 

so that American citizens who live overseas or serve 

in the military can participate in elections for public 

office, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fixing the Federal 

5 Voting Assistance Program Act of 2009’’. 

6 SEC. 2. APPOINTMENT AND QUALIFICATIONS OF PRESI7 DENTIAL DESIGNEE. 

8 (a) IN GENERAL.—Section 101(a) of the Uniformed 

9 and Overseas Citizens Absentee Voting Act (42 U.S.C. 

10 1973ff(a)) is amended to read as follows: 

11 ‘‘(a) PRESIDENTIAL DESIGNEE.— 

12 ‘‘(1) APPOINTMENT.—The Federal functions 

13 under this title shall be carried out by an individual 

14 appointed by the President by and with the advice 

15 and consent of the Senate, who shall be known for 

16 purposes of this title as the ‘Presidential designee’. 

17 ‘‘(2) QUALIFICATIONS.—The President may not 

18 appoint any individual to serve as the Presidential 

19 designee unless the individual has prior experience in 

20 election administration that includes oversight of 

21 voter registration and absentee ballot distribution.’’. 

22 (b) TRANSITION FOR CURRENT PRESIDENTIAL DES23 IGNEE.—Notwithstanding section 101(a) of the Uni24 formed and Overseas Citizens Absentee Voting Act, as 

25 amended by subsection (a), the individual serving as the 


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1 Presidential designee under such Act as of the date of the 

2 enactment of this Act may continue to serve as the Presi3 dential designee without meeting the appointment and 

4 qualifications requirements of section 101(a) of such Act, 

5 but only until the expiration of the 6-month period which 

6 begins on the date of the enactment of this Act. 

7 SEC. 3. OVERSEAS VOTING ADVISORY BOARD. 

8 (a) ESTABLISHMENT; DUTIES.—There is hereby es9 tablished the Overseas Voting Advisory Board (hereafter 

10 in this Act referred to as the ‘‘Board’’). 

11 (b) DUTIES.— 

12 (1) IN GENERAL.—The Board shall conduct 

13 studies and issue reports with respect to the fol14 lowing issues: 

15 (A) The ability of citizens of the United 

16 States who reside outside of the United States 

17 to register to vote and vote in elections for pub18 lic office. 

19 (B) Methods to promote voter registration 

20 and voting among such citizens. 

21 (C) The effectiveness of the Presidential 

22 designee under the Uniformed and Overseas 

23 Citizens Absentee Voting Act in assisting such 

24 citizens in registering to vote and casting votes 

25 in elections. 


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1 (D) The effectiveness of the administration 

2 and enforcement of the requirements of the 

3 Uniformed and Overseas Citizens Absentee Vot4 ing Act. 

5 (E) The need for the enactment of legisla6 tion or the adoption of administrative actions to 

7 ensure that all Americans who are away from 

8 the jurisdiction in which they are eligible to 

9 vote because they live overseas or serve in the 

10 military (or are a spouse or dependent of some11 one who serves in the military) are able to reg12 ister to vote and vote in elections for public of13 fice. 

14 (2) REPORTS.—In addition to issuing such re15 ports as it considers appropriate, the Board shall 

16 transmit to Congress a report not later than March 

17 31 of each year describing its activities during the 

18 previous year, and shall include in that report such 

19 recommendations as the Board considers appropriate 

20 for legislative or administrative action, including the 

21 provision of funding, to address the issues described 

22 in paragraph (1). 

23 (3) COMMITTEE HEARINGS ON ANNUAL RE24 PORT.— 


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1 (A) IN GENERAL.—During each year, the 

2 Committees on Armed Services of the House of 

3 Representatives and Senate, the Committee on 

4 House Administration of the House of Rep5 resentatives, and the Committee on Rules and 

6 Administration of the Senate shall each hold a 

7 hearing on the annual report submitted by the 

8 Board under paragraph (2). 

9 (B) EXERCISE OF RULEMAKING AUTHOR10 ITY.—The provisions of subparagraph (A) are 

11 enacted— 

12 (i) as an exercise of the rulemaking 

13 power of the House of Representatives and 

14 Senate, and, as such, they shall be consid15 ered as part of the rules of the House or 

16 Senate (as the case may be), and such 

17 rules shall supersede any other rule of the 

18 House or Senate only to the extent that 

19 rule is inconsistent therewith; and 

20 (ii) with full recognition of the con21 stitutional right of either House to change 

22 such rules (so far as relating to the proce23 dure in such House) at any time, in the 

24 same manner, and to the same extent as in 


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1 the case of any other rule of the House or 

2 Senate. 

3 (c) MEMBERSHIP.— 

4 (1) APPOINTMENT.—The Board shall be com5 posed of 5 members appointed by the President not 

6 later than 6 months after the date of the enactment 

7 of this Act, of whom— 

8 (A) 1 shall be appointed from among a list 

9 of nominees submitted by the Speaker of the 

10 House of Representatives; 

11 (B) 1 shall be appointed from among a list 

12 of nominees submitted by the minority leader of 

13 the House of Representatives; 

14 (C) 1 shall be appointed from among a list 

15 of nominees submitted by the majority leader of 

16 the Senate; and 

17 (D) 1 shall be appointed from among a list 

18 of nominees submitted by the minority leader of 

19 the Senate. 

20 (2) QUALIFICATIONS.—An individual may serve 

21 as a member of the Board only if the individual has 

22 experience in election administration and resides or 

23 has resided for an extended period of time overseas 

24 (as a member of the uniformed services or other25 wise), except that the President shall ensure that at 


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1 least one member of the Board is a citizen who re2 sides overseas while serving on the Board. 

3 (3) TERMS OF SERVICE.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), each member shall be ap6 pointed for a term of 4 years. A member may 

7 be reappointed for additional terms. 

8 (B) VACANCIES.—A vacancy in the Board 

9 shall be filled in the manner in which the origi10 nal appointment was made. Any member ap11 pointed to fill a vacancy occurring before the 

12 expiration of the term for which the member’s 

13 predecessor was appointed shall be appointed 

14 only for the remainder of that term. A member 

15 may serve after the expiration of that member’s 

16 term until a successor has taken office. 

17 (4) PAY.— 

18 (A) NO PAY FOR SERVICE.—A member 

19 shall serve without pay, except that a member 

20 shall receive travel expenses, including per diem 

21 in lieu of subsistence, in accordance with appli22 cable provisions under subchapter I of chapter 

23 57 of title 5, United States Code. 

24 (B) REIMBURSEMENT OF TRAVEL EX25 PENSES BY PRESIDENTIAL DESIGNEE.—Upon 


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1 request of the Chairperson of the Board, the 

2 Presidential designee under the Uniformed and 

3 Overseas Citizens Absentee Voting Act shall, 

4 from amounts made available for the salaries 

5 and expenses of the Presidential designee, reim6 burse the Board for any travel expenses paid on 

7 behalf of a member under subparagraph (A). 

8 (5) QUORUM.—3 members of the Board shall 

9 constitute a quorum but a lesser number may hold 

10 hearings. 

11 (6) CHAIRPERSON.—The members of the Board 

12 shall designate one member to serve as Chairperson. 

13 (d) STAFF.— 

14 (1) AUTHORITY TO APPOINT.—Subject to rules 

15 prescribed the Board, the chairperson may appoint 

16 and fix the pay of such staff as the chairperson con17 siders necessary. 

18 (2) APPLICATION OF CIVIL SERVICE LAWS.— 

19 The staff of the Board shall be appointed subject to 

20 the provisions of title 5, United States Code, gov21 erning appointments in the competitive service, and 

22 shall be paid in accordance with the provisions of 

23 chapter 51 and subchapter III of chapter 53 of that 

24 title relating to classification and General Schedule 

25 pay rates. 


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1 (3) EXPERTS AND CONSULTANTS.—Subject to 

2 rules prescribed by the Board, the Chairperson may 

3 procure temporary and intermittent services under 

4 section 3109(b) of title 5, United States Code. 

5 (4) STAFF OF FEDERAL AGENCIES.—Upon re6 quest of the Chairperson, the head of any Federal 

7 department or agency may detail, on a reimbursable 

8 basis, any of the personnel of that department or 

9 agency to the Board to assist it in carrying out its 

10 duties under this Act. 

11 (e) POWERS.— 

12 (1) HEARINGS AND SESSIONS.—The Board 

13 may, for the purpose of carrying out this Act, hold 

14 hearings, sit and act at times and places, take testi15 mony, and receive evidence as the Board considers 

16 appropriate. The Board may administer oaths or af17 firmations to witnesses appearing before it. 

18 (2) OBTAINING OFFICIAL DATA.—The Board 

19 may secure directly from any department or agency 

20 of the United States information necessary to enable 

21 it to carry out this Act. Upon request of the Chair22 person, the head of that department or agency shall 

23 furnish that information to the Board. 

24 (3) MAILS.—The Board may use the United 

25 States mails in the same manner and under the 


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1 same conditions as other departments and agencies 

2 of the United States. 

3 (4) ADMINISTRATIVE SUPPORT SERVICES.— 

4 Upon the request of the Board, the Administrator of 

5 General Services shall provide to the Board, on a re6 imbursable basis, the administrative support services 

7 necessary for the Board to carry out its responsibil8 ities under this Act. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Board such sums 

11 as may be necessary to carry out this section for fiscal 

12 year 2010 and each succeeding fiscal year. 

Æ 


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