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106th CONGRESS
2d Session
H. R. 5672
To establish a commission to develop uniform standards which may be
adopted by the States for the administration of elections for Federal
office, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
December 15, 2000
Ms. Jackson-Lee of Texas 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 to develop uniform standards which may be
adopted by the States for the administration of elections for Federal
office, 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 ``Secure Democracy for All Americans
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Despite Federal efforts to increase uniformity in
voting procedures for elections for Federal office, there
remains much variation in such procedures among the States.
(2) A major goal of the National Voter Registration Act of
1993 (commonly known as the ``Motor-Voter Act'') was the
standardization of voter registration procedures for elections
for Federal office to prevent voter fraud and provide an
accurate list of eligible voters.
(3) Under the provisions of the Uniformed and Overseas
Citizens Absentee Voting Act, absent uniformed services voters
and overseas voters can vote by absentee ballot in elections
for Federal office and, if a State does not provide an official
State absentee ballot in response to a timely request, can
write in the names of candidates on a Federal write-in absentee
ballot.
(4) In North Dakota and in some counties in Wisconsin,
individuals may vote without registering.
(5) Individuals in Idaho, New Hampshire, Maine, Minnesota,
Wisconsin, and Wyoming may register to vote on the day of the
election.
(6) The duration of the residency requirement for voter
registration varies from State to State from 1 to 30 days.
(7) In 7 States disability or illness does not provide
sufficient grounds for registering as an absentee voter, and in
4 States disability or illness does not provide sufficient
grounds for voting as an absentee.
(8) A few States allow any citizen who is out of the United
States or the State to register as an absentee voter.
(9) At least 7 different types of voting equipment are used
to carry out Presidential elections throughout the United
States, and the type of equipment used is determined on the
county level.
(10) The opening time for polling places in Federal
elections varies from 6:00 a.m. to 11:00 a.m., and the closing
time for such polling places varies from 6:00 p.m. to 9:00 p.m.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established the Commission on the Comprehensive Study of
Voting 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 procedures in Federal, State, and local elections,
including the following:
(1) Voting procedures in Federal, State, and local
government elections.
(2) Voting procedures that represent the best practices in
Federal, State, and local government elections.
(3) Legislation and regulatory efforts that affect voting
procedures issues.
(4) The implementation of standardized voting procedures,
including standardized technology and procedures for voter
registration, absentee voting, early voting, and voting hours
on the day of the election, for Federal, State, and local
government elections.
(5) The speed and timeliness of vote counts in Federal,
State and local elections.
(6) The accuracy of vote counts in Federal, State and local
elections.
(7) 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 which 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 include in any
of the reports submitted under paragraph (1) or paragraph (2)
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) Members.--The Commission shall include at least 1 member from
each of the following:
(1) The National Institute of Standards and Technology.
(2) The Department of Justice.
(3) The National Academy of Sciences.
(c) 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.
(d) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(e) 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.
(f) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of 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.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(h) 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 (41 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 chair of the Commission may appoint
staff of the Commission, request the detail of Federal
employees, and accept temporary and intermittent services in
accordance with section 3161 of title 5, United States Code,
except that the rate of pay of any staff may not exceed the
annual rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(2) Special rule regarding appointment of executive
director.--The employment of an executive director shall be
subject to confirmation by the Commission.
SEC. 8. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the date on which the
Commission submits its final report under section 4(c)(1).
SEC. 9. 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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