[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5174 Engrossed in House (EH)]


  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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE 
              COMPONENT FACILITIES AS POLLING PLACES.

    (a) Use of Military Installations Authorized.--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 subsection:
    ``(b) Use as Polling Places.--(1) Notwithstanding 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 continue 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 covered 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 
available as the site of a polling place with respect to an election 
for public office, the Secretary shall continue to make the facility 
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 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 notwithstanding 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 component 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 component 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 
facility 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 reserve 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 respect 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:
``Sec. 2670. Buildings on military installations: use by American 
              National Red Cross and as polling 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.''.

            Passed the House of Representatives October 12, 2000.

            Attest:

                                                                 Clerk.