Explanation of H.R. 607

H.R. 607 is a bill that aims to establish the Election Integrity Commission to study the integrity and administration of the general election for Federal office held in November 2020. The commission will make recommendations to Congress on how to improve the security, integrity, and administration of Federal elections. The bill was introduced by Mr. S. Mucker and Mrs. M. McClain on January 28, 2021, and has been referred to the Committee on House Administration.

Section 1: Establishment

This section establishes the Election Integrity Commission in the legislative branch. The commission will be referred to as the "Commission" throughout the bill.

Section 2: Membership

This section details the composition of the Commission. The Commission will consist of 18 members:

• 3 members who are Representatives from the majority party of the House of Representatives.
• 3 members who are Representatives from the minority party of the House of Representatives.
• 3 members who are Senators from the majority party of the Senate.
• 3 members who are Senators from the minority party of the Senate.
• 6 individuals who are State or local election officials.

The Speaker of the House, minority leader of the House, majority leader of the Senate, and minority leader of the Senate will appoint the respective members. The 6 individuals who are State or local election officials will be appointed jointly by the majority leader of the House and the majority leader of the Senate, and the minority leader of the House and the minority leader of the Senate.

A State is described as 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.

Two of the members of the Commission will serve as Co-Chairs, one designated by the leader of the Senate (Republican Party) and the leader of the House of Representatives (Republican Party), and the other designated by the leader of the Senate (Democratic Party) and the leader of the House of Representatives (Democratic Party).

The appointments of the members of the Commission must be made within 90 days after the date of enactment of this Act. Members serve for the duration of the Commission but can be removed with the concurrence of both Co-Chairs. Vacancies will be filled in the same manner as the original appointment.

The members of the Commission will not receive pay or benefits but may receive travel expenses in accordance with applicable provisions.

Section 3: Duties

This section outlines the duties of the Commission. The Commission will 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.

The matters studied by the Commission will include the effects of the COVID-19 pandemic on the election, election practices adopted in response to the pandemic, laws and rules regarding mail-in and absentee ballots, and any irregularities in the casting of ballots and voter registration.

The Commission will submit an initial report within 180 days after the date of enactment of this Act, highlighting precinct-by-precinct data on irregularities in ballot casting and voter registration. A final report, including recommendations on best practices for administering elections during emergencies and increasing the integrity and security of mail-in ballots, absentee ballots, and vote-by-mail procedures, will be submitted within 1 year after the date of enactment of this Act. In the case of any recommendation with which one-third or more of the Committee does not concur, the report must include a justification for the dissenting members.

The appropriate Congressional Committees, including the Committees on Rules and Administration of the Senate, the Committee on the Judiciary of the Senate, the Committee on House Administration of the House of Representatives, and the Committee on the Judiciary of the House of Representatives, will receive the reports.

Section 4: Powers

This section outlines the powers of the Commission. The Commission may hold hearings, take testimony, and receive evidence as necessary to carry out its duties. The Commission may administer oaths or affirmations to witnesses. Members and agents of the Commission are authorized to take any actions permitted by the Commission. The Commission may also obtain information directly from any department or agency of the United States.

The Commission may accept gifts, bequests, or devises of services or property to aid its work. The United States mails may be used for Commission communications. The Architect of the Capitol will provide administrative support services to the Commission. The Commission also has the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence, and the non-compliance with a subpoena may result in civil contempt.

Section 5: Personnel Matters

This section pertains to the staff of the Commission. The Co-Chairs of the Commission can appoint and compensate staff as necessary. The compensation should not exceed the rate provided for level V of the Executive Schedule. The head of any Federal department or agency may detail personnel to the Commission to assist without reimbursement. The Commission can also employ temporary services and consultants at rates not exceeding the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule.

The Commission is encouraged to utilize the services of existing staff in the legislative branch to the greatest extent possible and consistent with applicable laws, rules, and regulations.

Section 6: Authorization of Appropriations

This section authorizes $1,000,000 to be appropriated for carrying out the Act's provisions. 50% of the funds will be derived from the accounts of the House of Representatives and 50% from the contingent fund of the Senate. The funds remain available until expended.

Section 7: Termination; Nonapplicability of Federal Advisory Committee Act

This section specifies that the Commission will terminate 30 days after submitting the final report required by Section 3(b)(2). The Federal Advisory Committee Act does not apply to the Commission.