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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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