[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5645 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5645

    To establish a Commission for the comprehensive study of voting 
 practices and procedures in Federal, State, and local elections, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2000

  Ms. Kaptur 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 
 practices and procedures in Federal, State, and local elections, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on the Comprehensive 
Study of Voting Practices and Procedures Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Americans are increasingly concerned about current 
        voting practices and procedures;
            (2) Americans are increasingly concerned about the speed 
        and timeliness of vote counts;
            (3) Americans are increasingly concerned about the accuracy 
        of vote counts;
            (4) Americans are concerned about conflicts in procedures 
        used to file and count military ballots and absentee ballots;
            (5) Americans are increasingly concerned about the security 
        of voting procedures;
            (6) the increasing use of technology in the United States 
        calls for a reassessment of the use of standardized voting 
        technology to assure accuracy in the administration of Federal 
        elections and an evaluation of the most accurate and ``fail-
        safe'' technologies available;
            (7) Americans are concerned that the influence of early 
        predictions of results by the media on the day of election may 
        affect turnout in various regions of the Nation; and
            (8) there is a need for Congress to review methods for 
        standardizing voting practices and procedures in order to 
        ensure the integrity of Federal elections.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    There is established the Commission on the Comprehensive Study of 
Voting Practices and Procedures (in this Act referred to as the 
``Commission'').

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Study.--Not later than 1 year after the date of enactment of 
this Act, the Commission shall complete a thorough study of all issues 
relating to voting practices and procedures in Federal, State, and 
local elections, including the following:
            (1) Voting practices and procedures in Federal, State, and 
        local government elections.
            (2) Voting practices and procedures that represent the best 
        practices in Federal, State, and local government elections.
            (3) Legislation and regulatory efforts that affect issues 
        of voting practices and procedures.
            (4) The implementation of standardized voting procedures, 
        including standardized technology, for Federal, State, and 
        local government elections.
            (5) The speed and timeliness of vote counts in Federal, 
        State and local elections, including an assessment of regional 
        variations which may be affected by early media predictions of 
        election results.
            (6) The feasibility and advisability of establishing a 
        uniform poll closing time applicable in all States.
            (7) The accuracy of vote counts in Federal, State and local 
        elections.
            (8) The security of voting procedures in Federal, State and 
        local elections.
    (b) Recommendations.--The Commission shall develop recommendations 
on the matters studied under subsection (a).
    (c) Reports.--
            (1) Final report.--Not later than 180 days after the 
        expiration of the period referred to in subsection (a), the 
        Commission shall submit a report, that has been approved by a 
        majority of the members of the Commission, to the President and 
        Congress which shall contain a detailed statement of the 
        findings and conclusions of the Commission, together with its 
        recommendations for such legislation and administrative actions 
        as it considers appropriate.
            (2) Interim reports.--The Commission may submit to the 
        President and Congress any interim reports that are approved by 
        a majority of the members of the Commission.
            (3) Additional reports.--The Commission may, together with 
        the report submitted under paragraph (1), submit additional 
        reports that contain any dissenting or minority opinions of the 
        members of the Commission.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 5 
members of whom--
            (1) 1 shall be appointed by the President;
            (2) 1 shall be appointed by the majority leader of the 
        Senate;
            (3) 1 shall be appointed by the minority leader of the 
        Senate;
            (4) 1 shall be appointed by the Speaker of the House of 
        Representatives; and
            (5) 1 shall be appointed by the minority leader of the 
        House of Representatives.
    (b) Date of Appointment.--The appointments of the members of the 
Commission shall be made not later than 30 days after the date of 
enactment of this Act.
    (c) Terms.--Each member of the Commission shall be appointed for 
the life of the Commission.
    (d) Vacancies.--A vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner in which the original 
appointment was made.
    (e) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the Chairperson or a majority if its members.
            (2) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and Vice Chairperson from among its members.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may hold such hearings 
for the purpose of carrying out this Act, sit and act at such times and 
places, take such testimony, and receive such evidence as the 
Commission considers advisable to carry out this Act. The Commission 
may administer oaths and affirmations to witnesses appearing before the 
Commission.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this Act. Upon request of 
the Chairperson of the Commission, the head of such department or 
agency shall furnish such information to the Commission.
    (c) Website.--For purposes of conducting the study under section 
4(a), the Commission shall establish a website to facilitate public 
comment and participation.
    (d) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (e) Administrative Support Services.--Upon the request of the 
Chairperson of the Commission, the Administrator of the General 
Services Administration shall provide to the Commission, on a 
reimbursable basis, the administrative support services that are 
necessary to enable the Commission to carry out its duties under this 
Act.
    (f) Contracts.--The Commission may contract with and compensate 
persons and Federal agencies for supplies and services without regard 
to section 3709 of the Revised Statutes (42 U.S.C. 5).
    (g) Gifts and Donations.--The Commission may accept, use, and 
dispose of gifts or donations of services or property to carry out this 
Act.

SEC. 7. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairperson of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties. The employment of an 
        executive director shall be subject to confirmation by the 
        Commission.
            (2) Compensation.--The Chairperson of the Commission may 
        fix the compensation of the executive director and other 
        personnel without regard to chapter 51 and subchapter III of 
        chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay rates, 
        except that the rate of pay for the executive director and 
        other personnel may not exceed the rate payable for level V of 
        the Executive Schedule under section 5316 of such title.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.

SEC. 8. LIMITATION ON CONTRACTING AUTHORITY.

    Any new contracting authority provided for in this Act shall be 
effective only to the extent, or in the amounts, provided for in 
advance in appropriations Acts.

SEC. 9. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 30 days after the date on which the 
Commission submits its report under section 4.

SEC. 10. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to prohibit the enactment of 
an Act with respect to voting practices and procedures during the 
period in which the Commission is carrying out its duties under this 
Act.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to the Commission to carry out this Act.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this section shall remain available, without fiscal year 
limitation, until expended.
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