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.

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 PRESIDENTIAL 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 Designee.--Notwithstanding 
section 101(a) of the Uniformed and Overseas Citizens Absentee Voting 
Act, as amended by subsection (a), the individual serving as the 
Presidential designee under such Act as of the date of the enactment of 
this Act may continue to serve as the Presidential 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 established 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 following 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 public 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.
                    (D) The effectiveness of the administration and 
                enforcement of the requirements of the Uniformed and 
                Overseas Citizens Absentee Voting Act.
                    (E) The need for the enactment of legislation 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 someone who serves in the military) are 
                able to register to vote and vote in elections for 
                public office.
            (2) Reports.--In addition to issuing such reports 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 report.--
                    (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 Representatives, 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 authority.--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 considered 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 
                        constitutional right of either House to change 
                        such rules (so far as relating to the procedure 
                        in such House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of the House or Senate.
    (c) Membership.--
            (1) Appointment.--The Board shall be composed 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 otherwise), except that the President shall ensure that at 
        least one member of the Board is a citizen who resides overseas 
        while serving on the Board.
            (3) Terms of service.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each member shall be appointed 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 original appointment 
                was made. Any member appointed 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 applicable provisions under subchapter 
                I of chapter 57 of title 5, United States Code.
                    (B) Reimbursement of travel expenses by 
                presidential designee.--Upon 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, reimburse 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 considers 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, governing 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.
            (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 request 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 testimony, and receive evidence as the Board 
        considers appropriate. The Board may administer oaths or 
        affirmations 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 Chairperson, 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 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 reimbursable basis, the administrative 
        support services necessary for the Board to carry out its 
        responsibilities 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.

Summary: Fixing the Federal Voting Assistance Program Act of 2008 - Amends 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.

Establishes the Overseas Voting Advisory Board to conduct studies and issue reports with respect to various issues, including the ability of U.S. citizens who reside outside of the United States to register to vote and vote in elections for public office.