52 U.S.C. § 20904 — Authorization of appropriations

Page 54 TITLE 52—VOTING AND ELECTIONS § 20903 Act of 2002 [Pub. L. 107–252, see Tables for classifica- tion].’’ EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–28, title VI, § 6301(b), May 25, 2007, 121 Stat. 171, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as if included in the enactment of the Help America Vote Act of 2002 [Pub. L. 107–252, see Tables for classifica- tion].’’ § 20903. Guaranteed minimum payment amount (a) In general In addition to any other payments made under this subchapter, the Administrator shall make a payment to each State to which a payment is made under either section 20901 or 20902 of this title and with respect to which the aggregate amount paid under such sections is less than $5,000,000 in an amount equal to the difference between the aggregate amount paid to the State under sections 20901 and 20902 of this title and $5,000,000. In the case of the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands, the previous sen- tence shall be applied as if each reference to ‘‘$5,000,000’’ were a reference to ‘‘$1,000,000’’. (b) Pro rata reductions The Administrator shall make such pro rata reductions to the amounts described in sections 20901(d) and 20902(c) of this title as are necessary to comply with the requirements of subsection (a). (Pub. L. 107–252, title I, § 103, Oct. 29, 2002, 116 Stat. 1672.) Editorial Notes CODIFICATION Section was formerly classified to section 15303 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20904. Authorization of appropriations (a) In general There are authorized to be appropriated for payments under this subchapter $650,000,000, of which— (1) 50 percent shall be for payments under section 20901 of this title; and (2) 50 percent shall be for payments under section 20902 of this title. (b) Continuing availability of funds after appro- priation Any payment made to a State under this sub- chapter shall be available to the State without fiscal year limitation (subject to subsection (c)(2)(B)). (c) Use of returned funds and funds remaining unexpended for requirements payments (1) In general The amounts described in paragraph (2) shall be transferred to the Election Assistance Com- mission (established under subchapter II) and used by the Commission to make requirements payments under subpart 1 of part D of sub- chapter II. (2) Amounts described The amounts referred to in this paragraph are as follows: (A) Any amounts paid to the Adminis- trator by a State under section 20902(d)(1) of this title. (B) Any amounts appropriated for pay- ments under this subchapter which remain unobligated as of September 1, 2003. (d) Deposit of amounts in State election fund When a State has established an election fund described in section 21004(b) of this title, the State shall ensure that any funds provided to the State under this subchapter are deposited and maintained in such fund. (e) Authorization of appropriations for Adminis- trator In addition to the amounts authorized under subsection (a), there are authorized to be appro- priated to the Administrator such sums as may be necessary to administer the programs under this subchapter. (Pub. L. 107–252, title I, § 104, Oct. 29, 2002, 116 Stat. 1672.) Editorial Notes CODIFICATION Section was formerly classified to section 15304 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20905. Administration of programs In administering the programs under this sub- chapter, the Administrator shall take such ac- tions as the Administrator considers appro- priate to expedite the payment of funds to States. (Pub. L. 107–252, title I, § 105, Oct. 29, 2002, 116 Stat. 1673.) Editorial Notes CODIFICATION Section was formerly classified to section 15305 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20906. Effective date The Administrator shall implement the pro- grams established under this subchapter in a manner that ensures that the Administrator is able to make payments under the program not later than the expiration of the 45-day period which begins on October 29, 2002. (Pub. L. 107–252, title I, § 106, Oct. 29, 2002, 116 Stat. 1673.) Editorial Notes CODIFICATION Section was formerly classified to section 15306 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER II—COMMISSION PART A—ESTABLISHMENT AND GENERAL ORGANIZATION SUBPART 1—ELECTION ASSISTANCE COMMISSION § 20921. Establishment There is hereby established as an independent entity the Election Assistance Commission