I
106TH CONGRESS
2D SESSION
H. R. 5174
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.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 2000
Mr. THOMAS (for himself, Mr. BOEHNER, Mr. EHLERS, Mr. NEY, Mr. MICA,
Mr. EWING, Mr. LINDER, Mr. STUMP, Mr. BUYER, and Mr. HOYER) in-
troduced the following bill; which was referred to the Committee on
Armed Services, and in addition to the Committees on the Judiciary, and
House Administration, 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 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 Fed-
eral, State, and local elections for public office.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. USE OF BUILDINGS ON MILITARY INSTALLA-
TIONS AND RESERVE COMPONENT FACILI-
TIES AS POLLING PLACES.
(a) USE
OF MILITARY INSTALLATIONS AUTHOR-
IZED.—Section 2670 of title 10, United States Code, is
amended—
(1) by striking ‘‘Under’’ and inserting ‘‘(a) USE
BY RED CROSS.—Under’’;
(2) by striking ‘‘this section’’ and inserting
‘‘this subsection’’; and
(3) by adding at the end the following new sub-
section:
‘‘(b) USE
AS
POLLING
PLACES.—(1) Notwith-
standing chapter 29 of title 18 (including sections 592 and
593 of such title), the Secretary of a military department
may make a building located on a military installation
under the jurisdiction of the Secretary available for use
as a polling place in any Federal, State, or local election
for public office.
‘‘(2) Once a military installation is made available as
the site of a polling place with respect to a Federal, State,
or local election for public office, the Secretary shall con-
tinue to make the site available for subsequent elections
for public office unless the Secretary provides to Congress
advance notice in a reasonable and timely manner of the
reasons why the site will no longer be made available as
a polling place.
‘‘(3) In this section, the term ‘military installation’
has the meaning given the term in section 2687(e) of this
title.’’.
(b) USE OF RESERVE COMPONENT FACILITIES.—(1)
Section 18235 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(c) Pursuant to a lease or other agreement under
subsection (a)(2), the Secretary may make a facility cov-
ered by subsection (a) available for use as a polling place
in any Federal, State, or local election for public office
notwithstanding chapter 29 of title 18 (including sections
592 and 593 of such title). Once a facility is made avail-
able as the site of a polling place with respect to an elec-
tion for public office, the Secretary shall continue to make
the facility available for subsequent elections for public of-
fice unless the Secretary provides to Congress advance no-
tice in a reasonable and timely manner of the reasons why
the facility will no longer be made available as a polling
place.’’.
(2) Section 18236 of such title is amended by adding
at the end the following new subsection:
‘‘(e) Pursuant to a lease or other agreement under
subsection (c)(1), a State may make a facility covered by
subsection (c) available for use as a polling place in any
Federal, State, or local election for public office notwith-
standing chapter 29 of title 18 (including sections 592 and
593 of such title).’’.
(c) CONFORMING AMENDMENTS TO TITLE 18.—(1)
Section 592 of title 18, United States Code, is amended
by adding at the end the following:
‘‘This section shall not prohibit the use of buildings
located on military installations, or the use of reserve com-
ponent facilities, as polling places in Federal, State, and
local elections for public office in accordance with section
2670(b), 18235, or 18236 of title 10.’’.
(2) Section 593 of such title is amended by adding
at the end the following:
‘‘This section shall not prohibit the use of buildings
located on military installations, or the use of reserve com-
ponent facilities, as polling places in Federal, State, and
local elections for public office in accordance with section
2670(b), 18235, or 18236 of title 10.’’.
(d) CONFORMING AMENDMENT TO VOTING RIGHTS
LAW.—Section 2003 of the Revised Statutes (42 U.S.C.
1972) is amended by adding at the end the following:
‘‘Making a military installation or reserve component facil-
ity available as a polling place in a Federal, State, or local
election for public office in accordance with section
2670(b), 18235, or 18236 of title 10, United States Code,
shall be deemed to be consistent with this section.’’.
(e) AVAILABILITY OF POLLING PLACES FOR 2000
FEDERAL ELECTIONS.—If a military installation or re-
serve component facility was made available as the site
of a polling place with respect to an election for Federal
office held during 1998, the same or a comparable site
shall be made available for use as a polling place with re-
spect to the general election for Federal office to be held
in November 2000.
(f) CLERICAL AMENDMENTS.—(1) The heading of
section 2670 of title 10, United States Code, is amended
to read as follows:
‘‘§ 2670. Buildings on military installations: use by
American National Red Cross and as poll-
ing places in Federal, State, and local
elections’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
‘‘2670. Buildings on military installations: use by American National Red Cross
and as polling places in Federal, State, and local elections.’’.