I

106TH CONGRESS

2D SESSION H. R. 5676

To establish a Commission for the comprehensive study of voting procedures

in Federal, State, and local elections, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 15, 2000

Mr. GREENWOOD (for himself, Mr. FROST, Mr. HUTCHINSON, and Mr.

HASTINGS of Florida) introduced the following bill; which was referred

to the Committee on House Administration, and in addition to the Committee on the Judiciary, 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 establish a Commission for the comprehensive study of

voting procedures in Federal, State, and local elections,

and for other purposes.

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 ‘‘Commission on the

5 Comprehensive Study of Voting Procedures Act of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) Americans are increasingly concerned about

2 current voting procedures;

3 (2) Americans are increasingly concerned about

4 the speed and timeliness of vote counts;

5 (3) Americans are increasingly concerned about

6 the accuracy of vote counts;

7 (4) Americans are increasingly concerned about

8 the security of voting procedures;

9 (5) the shift in the United States is to the in10 creasing use of technology which calls for a reassess11 ment of the use of standardized technology for Fed12 eral elections; and

13 (6) there is a need for Congress to establish a

14 method for standardizing voting procedures in order

15 to ensure the integrity of Federal elections.

16 SEC. 3. ESTABLISHMENT OF COMMISSION.

17 There is established the Commission on the Com18 prehensive Study of Voting Procedures (in this Act re19 ferred to as the ‘‘Commission’’).

20 SEC. 4. DUTIES OF THE COMMISSION.

21 (a) STUDY.—Not later than 1 year after the date of

22 enactment of this Act, the Commission shall complete a

23 thorough study of all issues relating to voting procedures

24 in Federal, State, and local elections, including the fol25 lowing:
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1 (1) Voting procedures in Federal, State, and

2 local government elections.

3 (2) Voting procedures that represent the best

4 practices in Federal, State, and local government

5 elections.

6 (3) Legislation and regulatory efforts that af7 fect voting procedures issues.

8 (4) The implementation of standardized voting

9 procedures, including standardized technology, for

10 Federal, State, and local government elections.

11 (5) The speed and timeliness of vote counts in

12 Federal, State and local elections.

13 (6) The accuracy of vote counts in Federal,

14 State and local elections.

15 (7) The security of voting procedures in Fed16 eral, State and local elections.

17 (b) RECOMMENDATIONS.—The Commission shall de18 velop recommendations on the matters studied under sub19 section (a).

20 (c) REPORTS.—

21 (1) FINAL REPORT.—Not later than 180 days

22 after the expiration of the period referred to in sub23 section (a), the Commission shall submit a report,

24 that has been approved by a majority of the mem25 bers of the Commission, to the President and Con-
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1 gress which shall contain a detailed statement of the

2 findings and conclusions of the Commission, to3 gether with its recommendations for such legislation

4 and administrative actions as it considers appro5 priate.

6 (2) INTERIM REPORTS.—The Commission may

7 submit to the President and Congress any interim

8 reports that are approved by a majority of the mem9 bers of the Commission.

10 (3) ADDITIONAL REPORTS.—The Commission

11 may, together with the report submitted under para12 graph (1), submit additional reports that contain

13 any dissenting or minority opinions of the members

14 of the Commission.

15 SEC. 5. MEMBERSHIP.

16 (a) NUMBER AND APPOINTMENT.—The Commission

17 shall be composed of 5 members of whom—

18 (1) 1 shall be appointed by the President;

19 (2) 1 shall be appointed by the majority leader

20 of the Senate;

21 (3) 1 shall be appointed by the minority leader

22 of the Senate;

23 (4) 1 shall be appointed by the Speaker of the

24 House of Representatives; and
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1 (5) 1 shall be appointed by the minority leader

2 of the House of Representatives.

3 (b) DATE OF APPOINTMENT.—The appointments of

4 the members of the Commission shall be made not later

5 than 30 days after the date of enactment of this Act.

6 (c) TERMS.—Each member of the Commission shall

7 be appointed for the life of the Commission.

8 (d) VACANCIES.—A vacancy in the Commission shall

9 not affect its powers, but shall be filled in the same man10 ner in which the original appointment was made.

11 (e) MEETINGS.—

12 (1) IN GENERAL.—The Commission shall meet

13 at the call of the Chairperson or a majority of its

14 members.

15 (2) INITIAL MEETING.—Not later than 30 days

16 after the date on which all members of the Commis17 sion have been appointed, the Commission shall hold

18 its first meeting.

19 (f) QUORUM.—A majority of the members of the

20 Commission shall constitute a quorum, but a lesser num21 ber of members may hold hearings.

22 (g) CHAIRPERSON AND VICE CHAIRPERSON.—The

23 Commission shall select a Chairperson and Vice Chair24 person from among its members.
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1 SEC. 6. POWERS OF THE COMMISSION.

2 (a) HEARINGS AND SESSIONS.—The Commission

3 may hold such hearings for the purpose of carrying out

4 this Act, sit and act at such times and places, take such

5 testimony, and receive such evidence as the Commission

6 considers advisable to carry out this Act. The Commission

7 may administer oaths and affirmations to witnesses ap8 pearing before the Commission.

9 (b) INFORMATION FROM FEDERAL AGENCIES.—The

10 Commission may secure directly from any Federal depart11 ment or agency such information as the Commission con12 siders necessary to carry out this Act. Upon request of

13 the Chairperson of the Commission, the head of such de14 partment or agency shall furnish such information to the

15 Commission.

16 (c) WEBSITE.—For purposes of conducting the study

17 under section 4(a), the Commission shall establish a

18 website to facilitate public comment and participation.

19 (d) POSTAL SERVICES.—The Commission may use

20 the United States mails in the same manner and under

21 the same conditions as other departments and agencies of

22 the Federal Government.

23 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon

24 the request of the Chairperson of the Commission, the Ad25 ministrator of the General Services Administration shall

26 provide to the Commission, on a reimbursable basis, the
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1 administrative support services that are necessary to en2 able the Commission to carry out its duties under this Act.

3 (f) CONTRACTS.—The Commission may contract with

4 and compensate persons and Federal agencies for supplies

5 and services without regard to section 3709 of the Revised

6 Statutes (41 U.S.C. 5).

7 (g) GIFTS AND DONATIONS.—The Commission may

8 accept, use, and dispose of gifts or donations of services

9 or property to carry out this Act.

10 SEC. 7. COMMISSION PERSONNEL MATTERS.

11 (a) COMPENSATION OF MEMBERS.—Each member of

12 the Commission who is not an officer or employee of the

13 Federal Government shall be compensated at a rate equal

14 to the daily equivalent of the annual rate of basic pay pre15 scribed for level IV of the Executive Schedule under sec16 tion 5315 of title 5, United States Code, for each day (in17 cluding travel time) during which such member is engaged

18 in the performance of the duties of the Commission. All

19 members of the Commission who are officers or employees

20 of the United States shall serve without compensation in

21 addition to that received for their services as officers or

22 employees of the United States.

23 (b) TRAVEL EXPENSES.—The members of the Com24 mission shall be allowed travel expenses, including per

25 diem in lieu of subsistence, at rates authorized for employ-
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1 ees of agencies under subchapter I of chapter 57 of title

2 5, United States Code, while away from their homes or

3 regular places of business in the performance of services

4 for the Commission.

5 (c) STAFF.—

6 (1) IN GENERAL.—The Chairperson of the

7 Commission may, without regard to the civil service

8 laws and regulations, appoint and terminate an exec9 utive director and such other additional personnel as

10 may be necessary to enable the Commission to per11 form its duties. The employment of an executive di12 rector shall be subject to confirmation by the Com13 mission.

14 (2) COMPENSATION.—The Chairperson of the

15 Commission may fix the compensation of the execu16 tive director and other personnel without regard to

17 chapter 51 and subchapter III of chapter 53 of title

18 5, United States Code, relating to classification of

19 positions and General Schedule pay rates, except

20 that the rate of pay for the executive director and

21 other personnel may not exceed the rate payable for

22 level V of the Executive Schedule under section 5316

23 of such title.

24 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any

25 Federal Government employee may be detailed to the
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1 Commission without reimbursement, and such detail shall

2 be without interruption or loss of civil service status or

3 privilege.

4 (e) PROCUREMENT OF TEMPORARY AND INTERMIT5 TENT SERVICES.—The Chairperson of the Commission

6 may procure temporary and intermittent services under

7 section 3109(b) of title 5, United States Code, at rates

8 for individuals which do not exceed the daily equivalent

9 of the annual rate of basic pay prescribed for level V of

10 the Executive Schedule under section 5316 of such title.

11 SEC. 8. LIMITATION ON CONTRACTING AUTHORITY.

12 Any new contracting authority provided for in this

13 Act shall be effective only to the extent, or in the amounts,

14 provided for in advance in appropriations Acts.

15 SEC. 9. TERMINATION OF THE COMMISSION.

16 The Commission shall terminate 30 days after the

17 date on which the Commission submits its report under

18 section 4.

19 SEC. 10. RULE OF CONSTRUCTION.

20 Nothing in this Act shall be construed to prohibit the

21 enactment of an Act with respect to voting procedures

22 during the period in which the Commission is carrying out

23 its duties under this Act.
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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There are authorized to be appro3 priated such sums as may be necessary to the Commission

4 to carry out this Act.

5 (b) AVAILABILITY.—Any sums appropriated under

6 the authorization contained in this section shall remain

7 available, without fiscal year limitation, until expended.

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