[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 607 Introduced in House (IH)]

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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 recommendations to Congress to improve the 
 security, integrity, and administration of Federal 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. ESTABLISHMENT.

    There is established in the legislative branch the Election 
Integrity Commission (referred to in this Act as the ``Commission'').

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 described in paragraph 
                (2), who shall be appointed by the majority leader of 
                the Senate.
                    (D) 3 shall be Senators from the minority party of 
                the Senate who represent a State described in paragraph 
                (2), who shall be appointed by the minority leader of 
                the Senate.
                    (E) 6 individuals who are State or local election 
                officials, of whom--
                            (i) 3 shall be appointed jointly by the 
                        majority leader of the House and the majority 
                        leader of the Senate; and
                            (ii) 3 shall be appointed jointly by the 
                        minority leader of the House and the minority 
                        leader of the Senate.
            (2) States described.--A State described in this paragraph 
        is a State in which the winning candidate for the office of 
        President in the November 2020 general election won by a margin 
        of 1.5 percentage points or less.
    (b) Co-Chairs.--Two of the members of the Commission 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 minority 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 minority leader, as case may be) of the Democratic 
        Party.
    (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 paragraph (2), a 
        member of the Commission shall be appointed for the duration of 
        the Commission.
            (2) Removal.--A member may be removed from the Commission 
        at any time at the upon concurrence of both of the Co-Chairs of 
        the Commission.
            (3) Vacancies.--A vacancy in the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment.
    (e) No Compensation.--The members of the Commission may not receive 
pay or benefits from the United States Government by reason of their 
service on the Commission, 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.

SEC. 3. DUTIES.

    (a) Study.--
            (1) In general.--The Commission shall, consistent with 
        applicable law, 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.
            (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 Federal, 
                State, and local governments in response to the COVID-
                19 pandemic, including--
                            (i) practices that undermined the security 
                        and integrity of the election; and
                            (ii) practices that strengthened the 
                        security and integrity of the election;
                    (C) the laws, rules, policies, activities, 
                strategies, and practices regarding mail-in ballots, 
                absentee ballots, and vote-by-mail procedures, 
                including--
                            (i) measures that undermined the security 
                        and integrity of the election; and
                            (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 ballots 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 committees a report on the matters studied under 
        subsection (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.
            (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 Assistance Commission and the 
                appropriate Congressional committees a final report on 
                the matters studied under subsection (a), and shall 
                include in such report recommendations on the 
                following:
                            (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 pandemic; 
                                and
                                    (II) during other national 
                                emergencies.
                            (ii) The best practices that should be 
                        adopted at each level of local, State, and 
                        Federal Government to increase the integrity 
                        and security of mail-in ballots, absentee 
                        ballots, and vote-by-mail procedures.
                            (iii) The best practices that should be 
                        adopted at each level of local, State, and 
                        Federal Government to prevent irregularities in 
                        the casting of ballots.
                            (iv) The best practices that should be 
                        adopted at each level of local, State, and 
                        Federal Government to prevent irregularities 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 committees.--For purposes of 
        this subsection, the term ``appropriate Congressional 
        Committees'' means--
                    (A) the Committee on Rules and Administration of 
                the Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on House Administration 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 hearings, 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 member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized 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 director of the Commission, the chair of any subcommittee 
created by a majority of the Commission, or any member designated 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 Commission 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 Commission.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions 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 Commission 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 relating to any matter which the 
        Commission is empowered to investigate under this Act. The 
        attendance of witnesses and the production of evidence may be 
        required 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 person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing 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 
        Procedure 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 duties, 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 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 Commission to assist it in carrying out its duties under 
this Act.
    (c) Experts and Consultants.--The Commission is authorized to 
procure temporary and intermittent services under section 3109 of title 
5, United States Code, but at rates for individuals not to exceed the 
daily equivalent 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 
offices of the legislative branch.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated 
$1,000,000 to carry out this Act, of which--
            (1) 50 percent shall be derived from the applicable 
        accounts of the House of Representatives; and
            (2) 50 percent shall be derived from the contingent fund of 
        the Senate.
    (b) Continuing Availability of Funds.--Funds appropriated pursuant 
to the authorization under this section 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 Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission.
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