106TH CONGRESS

2D SESSION H. R. 5174

AN ACT

To amend titles 10 and 18, United States Code,

and the Revised Statutes to remove the uncertainty regarding the authority of the Departmentof Defense to permit buildings located on military installations and reserve component facilitiesto be used as polling places in Federal, State,and local elections for public office.

106TH CONGRESS

2D SESSION H. R. 5174

AN ACT

To amend titles 10 and 18, United States Code, and the

Revised Statutes to remove the uncertainty regarding

the authority of the Department of Defense to permit

buildings located on military installations and reserve

component facilities to be used as polling places in Federal, State, and local elections for public office.
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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. USE OF BUILDINGS ON MILITARY INSTALLA4 TIONS AND RESERVE COMPONENT FACILI5 TIES AS POLLING PLACES.

6 (a) USE OF MILITARY INSTALLATIONS AUTHOR7 IZED.—Section 2670 of title 10, United States Code, is

8 amended—

9 (1) by striking ‘‘Under’’ and inserting ‘‘(a) USE

10 BY RED CROSS.—Under’’;

11 (2) by striking ‘‘this section’’ and inserting

12 ‘‘this subsection’’; and

13 (3) by adding at the end the following new sub14 section:

15 ‘‘(b) USE AS POLLING PLACES.—(1) Notwith16 standing chapter 29 of title 18 (including sections 592 and

17 593 of such title), the Secretary of a military department

18 may make a building located on a military installation

19 under the jurisdiction of the Secretary available for use

20 as a polling place in any Federal, State, or local election

21 for public office.

22 ‘‘(2) Once a military installation is made available as

23 the site of a polling place with respect to a Federal, State,

24 or local election for public office, the Secretary shall con25 tinue to make the site available for subsequent elections
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1 for public office unless the Secretary provides to Congress

2 advance notice in a reasonable and timely manner of the

3 reasons why the site will no longer be made available as

4 a polling place.

5 ‘‘(3) In this section, the term ‘military installation’

6 has the meaning given the term in section 2687(e) of this

7 title.’’.

8 (b) USE OF RESERVE COMPONENT FACILITIES.—(1)

9 Section 18235 of title 10, United States Code, is amended

10 by adding at the end the following new subsection:

11 ‘‘(c) Pursuant to a lease or other agreement under

12 subsection (a)(2), the Secretary may make a facility cov13 ered by subsection (a) available for use as a polling place

14 in any Federal, State, or local election for public office

15 notwithstanding chapter 29 of title 18 (including sections

16 592 and 593 of such title). Once a facility is made avail17 able as the site of a polling place with respect to an elec18 tion for public office, the Secretary shall continue to make

19 the facility available for subsequent elections for public of20 fice unless the Secretary provides to Congress advance no21 tice in a reasonable and timely manner of the reasons why

22 the facility will no longer be made available as a polling

23 place.’’.

24 (2) Section 18236 of such title is amended by adding

25 at the end the following new subsection:
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1 ‘‘(e) Pursuant to a lease or other agreement under

2 subsection (c)(1), a State may make a facility covered by

3 subsection (c) available for use as a polling place in any

4 Federal, State, or local election for public office notwith5 standing chapter 29 of title 18 (including sections 592 and

6 593 of such title).’’.

7 (c) CONFORMING AMENDMENTS TO TITLE 18.—(1)

8 Section 592 of title 18, United States Code, is amended

9 by adding at the end the following:

10 ‘‘This section shall not prohibit the use of buildings

11 located on military installations, or the use of reserve com12 ponent facilities, as polling places in Federal, State, and

13 local elections for public office in accordance with section

14 2670(b), 18235, or 18236 of title 10.’’.

15 (2) Section 593 of such title is amended by adding

16 at the end the following:

17 ‘‘This section shall not prohibit the use of buildings

18 located on military installations, or the use of reserve com19 ponent facilities, as polling places in Federal, State, and

20 local elections for public office in accordance with section

21 2670(b), 18235, or 18236 of title 10.’’.

22 (d) CONFORMING AMENDMENT TO VOTING RIGHTS

23 LAW.—Section 2003 of the Revised Statutes (42 U.S.C.

24 1972) is amended by adding at the end the following:

25 ‘‘Making a military installation or reserve component facil-
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1 ity available as a polling place in a Federal, State, or local

2 election for public office in accordance with section

3 2670(b), 18235, or 18236 of title 10, United States Code,

4 shall be deemed to be consistent with this section.’’.

5 (e) AVAILABILITY OF POLLING PLACES FOR 2000

6 FEDERAL ELECTIONS.—If a military installation or re7 serve component facility was made available as the site

8 of a polling place with respect to an election for Federal

9 office held during 1998, the same or a comparable site

10 shall be made available for use as a polling place with re11 spect to the general election for Federal office to be held

12 in November 2000.

13 (f) CLERICAL AMENDMENTS.—(1) The heading of

14 section 2670 of title 10, United States Code, is amended

15 to read as follows:

16 ‘‘§ 2670. Buildings on military installations: use by

17 American National Red Cross and as poll18 ing places in Federal, State, and local

19 elections’’.

20 (2) The item relating to such section in the table of

21 sections at the beginning of chapter 159 of such title is

22 amended to read as follows:
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‘‘2670. Buildings on military installations: use by American National Red Cross

and as polling places in Federal, State, and local elections.’’.

Passed the House of Representatives October 12,

2000.

Attest:

Clerk.