I 
117TH CONGRESS 
1ST SESSION 
H. R. 607 
To establish the Election Integrity Commission to study the integrity and 
administration of the general election for Federal office held in November 
2020 and make recommendations to Congress to improve the security, 
integrity, and administration of Federal elections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2021 
Mr. SMUCKER (for himself and Mrs. MCCLAIN) introduced the following bill; 
which was referred to the Committee on House Administration 
A BILL 
To establish the Election Integrity Commission to study the 
integrity and administration of the general election for 
Federal office held in November 2020 and make rec-
ommendations to Congress to improve the security, integ-
rity, and administration of Federal elections, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ESTABLISHMENT. 
There is established in the legislative branch the 
Election Integrity Commission (referred to in this Act as 
the ‘‘Commission’’). 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. MEMBERSHIP. 
(a) COMPOSITION.— 
(1) IN
GENERAL.—The Commission shall be 
composed of 18 members as follows: 
(A) 3 shall be Members of the House of 
Representatives from the majority party of the 
House who represent a congressional district in 
a State described in paragraph (2), who shall 
be appointed by the Speaker of the House. 
(B) 3 shall be Members of the House of 
Representatives from the minority party of the 
House who represent a congressional district in 
a State described in paragraph (2), who shall 
be appointed by the minority leader of the 
House. 
(C) 3 shall be Senators from the majority 
party of the Senate who represent a State de-
scribed in paragraph (2), who shall be ap-
pointed by the majority leader of the Senate. 
(D) 3 shall be Senators from the minority 
party of the Senate who represent a State de-
scribed in paragraph (2), who shall be ap-
pointed by the minority leader of the Senate. 
(E) 6 individuals who are State or local 
election officials, of whom— 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
(i) 3 shall be appointed jointly by the 
majority leader of the House and the ma-
jority leader of the Senate; and 
(ii) 3 shall be appointed jointly by the 
minority leader of the House and the mi-
nority leader of the Senate. 
(2) STATES DESCRIBED.—A State described in 
this paragraph is a State in which the winning can-
didate for the office of President in the November 
2020 general election won by a margin of 1.5 per-
centage points or less. 
(b) CO-CHAIRS.—Two of the members of the Com-
mission shall serve as Co-Chairs, of whom— 
(1) one shall be designated jointly by the leader 
of the Senate (majority or minority leader, as the 
case may be) of the Republican Party and the leader 
of the House of Representatives (majority or minor-
ity leader, as case may be) of the Republican Party; 
and 
(2) one shall be designated jointly by the leader 
of the Senate (majority or minority leader, as the 
case may be) of the Democratic Party and the leader 
of the House of Representatives (majority or minor-
ity leader, as case may be) of the Democratic Party. 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
(c) DATE.—The appointments of the members of the 
Commission shall be made not later than 90 days after 
the date of enactment of this Act. 
(d) PERIOD OF APPOINTMENT; VACANCIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a member of the Commission shall be ap-
pointed for the duration of the Commission. 
(2) REMOVAL.—A member may be removed 
from the Commission at any time at the upon con-
currence of both of the Co-Chairs of the Commis-
sion. 
(3) VACANCIES.—A vacancy in the Commis-
sion— 
(A) shall not affect the powers of the Com-
mission; and 
(B) shall be filled in the same manner as 
the original appointment. 
(e) NO COMPENSATION.—The members of the Com-
mission may not receive pay or benefits from the United 
States Government by reason of their service on the Com-
mission, but may 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. 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
SEC. 3. DUTIES. 
(a) STUDY.— 
(1) IN GENERAL.—The Commission shall, con-
sistent with applicable law, study the integrity and 
administration of the general election for Federal of-
fice held in November 2020 and make recommenda-
tions to Congress to improve the security, integrity, 
and administration of Federal elections. 
(2) MATTERS STUDIED.—The matters studied 
by the Commission shall include— 
(A) the effects of the COVID–19 pandemic 
on the administration of the general election for 
Federal office held in November 2020; 
(B) the election practices adopted by Fed-
eral, State, and local governments in response 
to the COVID–19 pandemic, including— 
(i) practices that undermined the se-
curity and integrity of the election; and 
(ii) practices that strengthened the se-
curity and integrity of the election; 
(C) the laws, rules, policies, activities, 
strategies, and practices regarding mail-in bal-
lots, absentee ballots, and vote-by-mail proce-
dures, including— 
(i) measures that undermined the se-
curity and integrity of the election; and 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
(ii) measures that strengthened the 
security and integrity of the election; 
(D) any laws, rules, policies, activities, 
strategies, and practices that were inconsistent 
with or in violation of established State law and 
resulted in irregularities in the casting of bal-
lots in the election; and 
(E) any laws, rules, policies, activities, 
strategies, and practices that were inconsistent 
with or in violation of established State law and 
resulted in irregularities in voter registration 
for the election. 
(b) REPORTS.— 
(1) INITIAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall submit to the Election Assistance 
Commission and the appropriate Congressional com-
mittees a report on the matters studied under sub-
section (a). Such report shall include— 
(A) precinct-by-precinct data highlighting 
the number and incidence of any irregularities 
in the casting of ballots in the election; and 
(B) precinct-by-precinct data highlighting 
the number and incidence of any irregularities 
in voter registration for the election. 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
(2) FINAL REPORT; RECOMMENDATIONS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, the 
Commission shall submit to the Election Assist-
ance Commission and the appropriate Congres-
sional committees a final report on the matters 
studied under subsection (a), and shall include 
in such report recommendations on the fol-
lowing: 
(i) The best practices that should be 
adopted by at each level of local, State, 
and Federal Government for administering 
elections for Federal office— 
(I) during the COVID–19 pan-
demic; and 
(II) during other national emer-
gencies. 
(ii) The best practices that should be 
adopted at each level of local, State, and 
Federal Government to increase the integ-
rity and security of mail-in ballots, absen-
tee ballots, and vote-by-mail procedures. 
(iii) The best practices that should be 
adopted at each level of local, State, and 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
Federal Government to prevent irregular-
ities in the casting of ballots. 
(iv) The best practices that should be 
adopted at each level of local, State, and 
Federal Government to prevent irregular-
ities in voter registration. 
(B) MINORITY VIEWS.—In the case of any 
recommendation with respect to which one-third 
or more of the Committee does not concur, the 
report shall include a justification for why such 
members do not concur. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—For purposes of this subsection, the term 
‘‘appropriate Congressional Committees’’ means— 
(A) the Committee on Rules and Adminis-
tration of the Senate; 
(B) the Committee on the Judiciary of the 
Senate; 
(C) the Committee on House Administra-
tion of the House of Representatives; and 
(D) the Committee on the Judiciary of the 
House of Representatives. 
SEC. 4. POWERS. 
(a) HEARINGS
AND SESSIONS.—The Commission 
may, for the purpose of carrying out this Act, hold hear-
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
ings, sit and act at times and places, take testimony, and 
receive evidence as the Commission considers appropriate. 
The Commission may administer oaths or affirmations to 
witnesses appearing before it. 
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is au-
thorized to take by this section. 
(c) OBTAINING OFFICIAL DATA.—The Commission 
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 chair or the staff direc-
tor of the Commission, the chair of any subcommittee cre-
ated by a majority of the Commission, or any member des-
ignated by a majority of the Commission, the head of that 
department or agency shall furnish that information to the 
Commission. 
(d) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or 
devises of services or property, both real and personal, for 
the purpose of aiding or facilitating the work of the Com-
mission. 
(e) MAILS.—The Commission may use the United 
States mails in the same manner and under the same con-
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
ditions as other departments and agencies of the United 
States. 
(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the 
request of the Commission, the Architect of the Capitol 
shall provide to the Commission, on a reimbursable basis, 
the administrative support services necessary for the Com-
mission to carry out its responsibilities under this Act. 
(g) SUBPOENA POWER.— 
(1) IN GENERAL.—The Commission may issue 
subpoenas requiring the attendance and testimony of 
witnesses and the production of any evidence relat-
ing to any matter which the Commission is empow-
ered to investigate under this Act. The attendance of 
witnesses and the production of evidence may be re-
quired from any place within the United States at 
any designated place of hearing within the United 
States. 
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United 
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the 
matter under investigation. The application may be 
made within the judicial district where the hearing 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
is conducted or where that person is found, resides, 
or transacts business. Any failure to obey the order 
of the court may be punished by the court as civil 
contempt. 
(3) SERVICE OF SUBPOENAS.—The subpoenas 
of the Commission shall be served in the manner 
provided for subpoenas issued by a United States 
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts. 
(4) SERVICE OF PROCESS.—All process of any 
court to which application is made under paragraph 
(2) may be served in the judicial district in which 
the person required to be served resides or may be 
found. 
(h) CONTRACT AUTHORITY.—The Commission may 
contract with and compensate government and private 
agencies or persons to enable the Commission to discharge 
its duties under this Act. 
SEC. 5. PERSONNEL MATTERS. 
(a) STAFF.—The Co-Chairs of the Commission may 
appoint and fix the compensation of such staff as may be 
appropriate to enable the Commission to carry out its du-
ties, without regard to chapter 51 and subchapter III of 
chapter 53 of title 5, United States Code, relating to clas-
sification of positions and General Schedule pay rates, ex-
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
cept that the rate of pay for the staff may not exceed the 
rate payable for level V of the Executive Schedule under 
section 5316 of that title. 
(b) STAFF OF FEDERAL AGENCIES.—Upon request 
of the Commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any of 
the personnel of that department or agency to the Com-
mission to assist it in carrying out its duties under this 
Act. 
(c) EXPERTS AND CONSULTANTS.—The Commission 
is authorized to procure temporary and intermittent serv-
ices under section 3109 of title 5, United States Code, 
but at rates for individuals not to exceed the daily equiva-
lent of the maximum annual rate of basic pay under level 
IV of the Executive Schedule under section 5315 of title 
5, United States Code. 
(d) USE OF EXISTING STAFF.—Notwithstanding the 
previous provisions of this section, to the greatest extent 
practicable and consistent with applicable laws, rules, and 
regulations, the Commission is encouraged to carry out 
its functions utilizing the services of existing staff of of-
fices of the legislative branch. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—There are authorized to be ap-
propriated $1,000,000 to carry out this Act, of which— 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS
(1) 50 percent shall be derived from the appli-
cable accounts of the House of Representatives; and 
(2) 50 percent shall be derived from the contin-
gent fund of the Senate. 
(b) CONTINUING AVAILABILITY OF FUNDS.—Funds 
appropriated pursuant to the authorization under this sec-
tion shall remain available until expended. 
SEC. 7. TERMINATION; NONAPPLICABILITY OF FEDERAL 
ADVISORY COMMITTEE ACT. 
(a) TERMINATION.—The Commission shall terminate 
30 days after the date on which it submits the final report 
required under section 3(b)(2). 
(b) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
the Commission. 
Æ 
VerDate Sep 11 2014 
03:49 Feb 20, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H607.IH
H607
kjohnson on DSK79L0C42PROD with BILLS