(3) CERTIFICATIONS RELATING TO INTEGRITY 
IN TABULATION OF BALLOTS.—The certifications de-
scribed in this paragraph are as follows: 
(A) MINIMUM PRESENCE OF ELECTION OB-
SERVERS.—A certification that the appropriate 
State or local election official permits at least 2 
representatives of each candidate appearing on 
the ballot in a general election for Federal of-
fice to observe the tabulation of the ballots in 
the election. 
(B) PERMITTING
PROCESSING
AND
TAB-
ULATION OF BALLOTS UPON RECEIPT.—A cer-
tification that the State may process and tab-
ulate ballots received prior to the date of the 
election upon receipt, except that nothing in 
this subparagraph shall be construed to require 
the State to certify that a State or local election 
official is required to publish the results of any 
tabulation of ballots in an election prior to the 
time at which the polls in the election close on 
the date of the election. 
(C) POST-ELECTION
AUDIT.—A certifi-
cation that, not later than 30 days after each 
election for Federal office held in the State, the 
State conducts and publishes an audit of the ef-
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fectiveness and accuracy of the voting systems 
used to carry out the election and the perform-
ance of the State and local election officials who 
carried out the election. 
(f) STATE DEFINED.—In this section, the term 
‘‘State’’ means each of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, and 
the Commonwealth of the Northern Mariana Islands. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AUTHORIZATION.—There are authorized to 
be appropriated such sums as may be necessary for 
grants under this section. 
(2) CONTINUING
AVAILABILITY
OF
FUNDS.— 
Funds appropriated pursuant to the authorization 
under this subsection shall remain available until ex-
pended. 
SEC. 4. STUDY AND REPORT BY BIPARTISAN ELECTION AD-
VISORY COMMISSION. 
(a) ESTABLISHMENT.—There is established in the 
legislative branch the Bipartisan Election Advisory Com-
mission (referred to in this section as the ‘‘Advisory Com-
mission’’). 
(b) MEMBERSHIP.— 
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(1) COMPOSITION.—The Advisory Commission 
shall be composed of 12 members, of whom— 
(A) 6 shall be appointed by the leader of 
the Republican party in the House of Rep-
resentatives (in consultation with the leader of 
the Republican caucus in the Senate), one of 
which shall be appointed as a Co-Chairperson of 
the Advisory Commission; and 
(B) 6 shall be appointed by the leader of 
the Democratic caucus in the Senate (in con-
sultation with the leader of the Democratic 
party in the House of Representatives), one of 
which shall be appointed as a Co-Chairperson of 
the Advisory Commission. 
(2) REPRESENTATION.—Individuals appointed 
to the Advisory Commission under paragraph (1) 
shall be geographically balanced and shall include 
representatives of Federal, State, and local govern-
ments and of the legal, cybersecurity, and election 
administration and technology communities, except 
that no elected official may serve on the Advisory 
Commission. 
(3) POLITICAL PARTY AFFILIATION.—Not more 
than 6 members of the Advisory Commission may be 
members of the same political party. 
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(4) DATE.—The appointments of the members 
of the Advisory Commission shall be made not later 
than 90 days after the date of enactment of this 
Act. 
(c) PERIOD OF APPOINTMENT; VACANCIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a member of the Advisory Commission 
shall be appointed for the duration of the Advisory 
Commission. 
(2) REMOVAL.—A member may be removed 
from the Advisory Commission at any time at the 
upon concurrence of both of the Co-Chairpersons of 
the Advisory Commission. 
(3) VACANCIES.—A vacancy in the Advisory 
Commission— 
(A) shall not affect the powers of the Com-
mission; and 
(B) shall be filled in the same manner as 
the original appointment. 
(d) COMMISSION PERSONNEL MATTERS.— 
(1) PROHIBITION ON COMPENSATION OF MEM-
BERS.—The members of the Advisory Commission 
may not receive pay or benefits from the United 
States Government by reason of their service on the 
Advisory Commission, but may receive travel ex-
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penses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under sub-
chapter I of chapter 57 of title 5, United States 
Code. 
(2) STAFF.—The Co-Chairpersons of the Advi-
sory Commission may appoint and fix the compensa-
tion of staff of the Advisor Committee without re-
gard to chapter 51 and subchapter III of chapter 53 
of title 5, United States Code, relating to classifica-
tion of positions and General Schedule pay rates, ex-
cept that the rate of pay for the staff may not ex-
ceed the rate payable for level V of the Executive 
Schedule under section 5316 of that title. 
(e) POWERS.— 
(1) HEARINGS AND SESSIONS.—The Advisory 
Commission may, for the purpose of carrying out 
this section, hold hearings, sit and act at times and 
places, take testimony, and receive evidence as the 
Commission considers appropriate. The Advisory 
Commission may administer oaths or affirmations to 
witnesses appearing before it. 
(2) OBTAINING OFFICIAL DATA.—The Advisory 
Commission may secure directly from any depart-
ment or agency of the United States information 
necessary to enable it to carry out this section. 
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(3) ADMINISTRATIVE
SUPPORT
SERVICES.— 
Upon the request of the Advisory Commission, the 
Architect of the Capitol shall provide to the Commis-
sion, on a reimbursable basis, the administrative 
support services necessary for the Commission to 
carry out its responsibilities under this section. 
(f) DUTIES.— 
(1) STUDY.—The Advisory Commission shall 
conduct a study of the following: 
(A) The effects of COVID–19 on the ad-
ministration and security of elections. 
(B) The impact of election administration 
procedures implemented to address the effects 
of COVID–19 on the effective administration 
and security of elections. 
(C) The extent of security shortfalls and 
fraud during the 2020 general elections for 
Federal office and during previous general elec-
tions for Federal office. 
(D) The feasibility and desirability of im-
plementing uniform requirements for States to 
carry out absentee ballot tracking programs. 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Advisory 
Commission shall submit a report to Congress on 
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the study conducted under paragraph (1), together 
with recommendations for improving the administra-
tion of elections and enhancing the security of elec-
tions. 
(g) TERMINATION.—The Advisory Commission shall 
terminate 60 days after the date on which the Advisory 
Commission submits the report required under subsection 
(f). 
SEC. 5. SENSE OF CONGRESS ON CONFIDENCE IN ELEC-
TION PROCESS. 
It is the sense of Congress that— 
(1) the United States is a beacon of hope that 
sets the standard of democracy around the world; 
(2) the people of the United States should have 
full faith in their electoral process; 
(3) the United States must ensure that elec-
tions are free, fair, and secure; 
(4) transparency is at the core of the demo-
cratic process, and the 2020 election raised concerns 
of election irregularities; and 
(5) at the very least, Congress must provide the 
American people with the confidence that their elec-
tions are secure. 
Æ 
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