I 
110TH CONGRESS 
2D SESSION 
H. R. 7265 
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 
OCTOBER 3, 2008 
Mrs. MALONEY of New York (for herself and Mr. HONDA) introduced the fol-
lowing bill; which was referred to the Committee on House Administra-
tion, and in addition to the Committee on Rules, for a period to be subse-
quently 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 respon-
sible for carrying out Federal functions under the Act 
to have experience in election administration and be ap-
proved 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fixing the Federal 
Voting Assistance Program Act of 2008’’. 
SEC. 2. APPOINTMENT AND QUALIFICATIONS OF PRESI-
DENTIAL DESIGNEE. 
(a) IN GENERAL.—Section 101(a) of the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff(a)) is amended to read as follows: 
‘‘(a) PRESIDENTIAL DESIGNEE.— 
‘‘(1) APPOINTMENT.—The Federal functions 
under this title shall be carried out by an individual 
appointed by the President by and with the advice 
and consent of the Senate, who shall be known for 
purposes of this title as the ‘Presidential designee’. 
‘‘(2) QUALIFICATIONS.—The President may not 
appoint any individual to serve as the Presidential 
designee unless the individual has prior experience in 
election administration that includes oversight of 
voter registration and absentee ballot distribution.’’. 
(b) TRANSITION FOR CURRENT PRESIDENTIAL DES-
IGNEE.—Notwithstanding section 101(a) of the Uni-
formed and Overseas Citizens Absentee Voting Act, as 
amended by subsection (a), the individual serving as the 
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Presidential designee under such Act as of the date of the 
enactment of this Act may continue to serve as the Presi-
dential designee without meeting the appointment and 
qualifications requirements of section 101(a) of such Act, 
but only until the expiration of the 6-month period which 
begins on the date of the enactment of this Act. 
SEC. 3. OVERSEAS VOTING ADVISORY BOARD. 
(a) ESTABLISHMENT; DUTIES.—There is hereby es-
tablished the Overseas Voting Advisory Board (hereafter 
in this Act referred to as the ‘‘Board’’). 
(b) DUTIES.— 
(1) IN
GENERAL.—The Board shall conduct 
studies and issue reports with respect to the fol-
lowing issues: 
(A) The ability of citizens of the United 
States who reside outside of the United States 
to register to vote and vote in elections for pub-
lic office. 
(B) Methods to promote voter registration 
and voting among such citizens. 
(C) The effectiveness of the Presidential 
designee under the Uniformed and Overseas 
Citizens Absentee Voting Act in assisting such 
citizens in registering to vote and casting votes 
in elections. 
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(D) The effectiveness of the administration 
and enforcement of the requirements of the 
Uniformed and Overseas Citizens Absentee Vot-
ing Act. 
(E) The need for the enactment of legisla-
tion or the adoption of administrative actions to 
ensure that all Americans who are away from 
the jurisdiction in which they are eligible to 
vote because they live overseas or serve in the 
military (or are a spouse or dependent of some-
one who serves in the military) are able to reg-
ister to vote and vote in elections for public of-
fice. 
(2) REPORTS.—In addition to issuing such re-
ports as it considers appropriate, the Board shall 
transmit to Congress a report not later than March 
31 of each year describing its activities during the 
previous year, and shall include in that report such 
recommendations as the Board considers appropriate 
for legislative or administrative action, including the 
provision of funding, to address the issues described 
in paragraph (1). 
(3) COMMITTEE
HEARINGS
ON
ANNUAL
RE-
PORT.— 
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(A) IN GENERAL.—During each year, the 
Committees on Armed Services of the House of 
Representatives and Senate, the Committee on 
House Administration of the House of Rep-
resentatives, and the Committee on Rules and 
Administration of the Senate shall each hold a 
hearing on the annual report submitted by the 
Board under paragraph (2). 
(B) EXERCISE OF RULEMAKING AUTHOR-
ITY.—The provisions of subparagraph (A) are 
enacted— 
(i) as an exercise of the rulemaking 
power of the House of Representatives and 
Senate, and, as such, they shall be consid-
ered as part of the rules of the House or 
Senate (as the case may be), and such 
rules shall supersede any other rule of the 
House or Senate only to the extent that 
rule is inconsistent therewith; and 
(ii) with full recognition of the con-
stitutional right of either House to change 
such rules (so far as relating to the proce-
dure in such House) at any time, in the 
same manner, and to the same extent as in 
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the case of any other rule of the House or 
Senate. 
(c) MEMBERSHIP.— 
(1) APPOINTMENT.—The Board shall be com-
posed of 5 members appointed by the President not 
later than 6 months after the date of the enactment 
of this Act, of whom— 
(A) 1 shall be appointed from among a list 
of nominees submitted by the Speaker of the 
House of Representatives; 
(B) 1 shall be appointed from among a list 
of nominees submitted by the Minority Leader 
of the House of Representatives; 
(C) 1 shall be appointed from among a list 
of nominees submitted by the Majority Leader 
of the Senate; and 
(D) 1 shall be appointed from among a list 
of nominees submitted by the Minority Leader 
of the Senate. 
(2) QUALIFICATIONS.—An individual may serve 
as a member of the Board only if the individual has 
experience in election administration and resides or 
has resided for an extended period of time overseas 
(as a member of the uniformed services or other-
wise), except that the President shall ensure that at 
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least one member of the Board is a citizen who re-
sides overseas while serving on the Board. 
(3) TERMS OF SERVICE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), each member shall be ap-
pointed for a term of 4 years. A member may 
be reappointed for additional terms. 
(B) VACANCIES.—A vacancy in the Board 
shall be filled in the manner in which the origi-
nal appointment was made. Any member ap-
pointed to fill a vacancy occurring before the 
expiration of the term for which the member’s 
predecessor was appointed shall be appointed 
only for the remainder of that term. A member 
may serve after the expiration of that member’s 
term until a successor has taken office. 
(4) PAY.— 
(A) NO
PAY
FOR
SERVICE.—A member 
shall serve without pay, except that a member 
shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 
57 of title 5, United States Code. 
(B) REIMBURSEMENT
OF
TRAVEL
EX-
PENSES
BY
PRESIDENTIAL
DESIGNEE.—Upon 
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request of the Chairperson of the Board, the 
Presidential designee under the Uniformed and 
Overseas Citizens Absentee Voting Act shall, 
from amounts made available for the salaries 
and expenses of the Presidential designee, reim-
burse the Board for any travel expenses paid on 
behalf of a member under subparagraph (A). 
(5) QUORUM.—3 members of the Board shall 
constitute a quorum but a lesser number may hold 
hearings. 
(6) CHAIRPERSON.—The members of the Board 
shall designate one member to serve as Chairperson. 
(d) STAFF.— 
(1) AUTHORITY TO APPOINT.—Subject to rules 
prescribed the Board, the chairperson may appoint 
and fix the pay of such staff as the chairperson con-
siders necessary. 
(2) APPLICATION OF CIVIL SERVICE LAWS.— 
The staff of the Board shall be appointed subject to 
the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and 
shall be paid in accordance with the provisions of 
chapter 51 and subchapter III of chapter 53 of that 
title relating to classification and General Schedule 
pay rates. 
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(3) EXPERTS AND CONSULTANTS.—Subject to 
rules prescribed by the Board, the Chairperson may 
procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code. 
(4) STAFF OF FEDERAL AGENCIES.—Upon re-
quest of the Chairperson, 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 Board to assist it in carrying out its 
duties under this Act. 
(e) POWERS.— 
(1) HEARINGS
AND
SESSIONS.—The Board 
may, for the purpose of carrying out this Act, hold 
hearings, sit and act at times and places, take testi-
mony, and receive evidence as the Board considers 
appropriate. The Board may administer oaths or af-
firmations to witnesses appearing before it. 
(2) OBTAINING
OFFICIAL
DATA.—The Board 
may secure directly from any department or agency 
of the United States information necessary to enable 
it to carry out this Act. Upon request of the Chair-
person, the head of that department or agency shall 
furnish that information to the Board. 
(3) MAILS.—The Board may use the United 
States mails in the same manner and under the 
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same conditions as other departments and agencies 
of the United States. 
(4) ADMINISTRATIVE
SUPPORT
SERVICES.— 
Upon the request of the Board, the Administrator of 
General Services shall provide to the Board, on a re-
imbursable basis, the administrative support services 
necessary for the Board to carry out its responsibil-
ities under this Act. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Board such sums 
as may be necessary to carry out this section for fiscal 
year 2009 and each succeeding fiscal year. 
Æ 
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