52 U.S.C. § 20923 — Membership and appointment

Page 55 TITLE 52—VOTING AND ELECTIONS § 20923 (hereafter in this subchapter referred to as the ‘‘Commission’’), consisting of the members ap- pointed under this subpart. Additionally, there is established the Election Assistance Commis- sion Standards Board (including the Executive Board of such Board) and the Election Assist- ance Commission Board of Advisors under sub- part 2 of this part (hereafter in this subpart re- ferred to as the ‘‘Standards Board’’ and the ‘‘Board of Advisors’’, respectively) and the Tech- nical Guidelines Development Committee under subpart 3 of this part. (Pub. L. 107–252, title II, § 201, Oct. 29, 2002, 116 Stat. 1673.) Editorial Notes CODIFICATION Section was formerly classified to section 15321 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20922. Duties The Commission shall serve as a national clearinghouse and resource for the compilation of information and review of procedures with re- spect to the administration of Federal elections by— (1) carrying out the duties described in sub- part 3 of this part (relating to the adoption of voluntary voting system guidelines), including the maintenance of a clearinghouse of infor- mation on the experiences of State and local governments in implementing the guidelines and in operating voting systems in general; (2) carrying out the duties described in part B of this subchapter (relating to the testing, certification, decertification, and recertifi- cation of voting system hardware and soft- ware); (3) carrying out the duties described in part C of this subchapter (relating to conducting studies and carrying out other activities to promote the effective administration of Fed- eral elections); (4) carrying out the duties described in part D of this subchapter (relating to election as- sistance), and providing information and training on the management of the payments and grants provided under such part; (5) carrying out the duties described in part B of subchapter III (relating to the adoption of voluntary guidance); and (6) developing and carrying out the Help America Vote College Program under sub- chapter V. (Pub. L. 107–252, title II, § 202, Oct. 29, 2002, 116 Stat. 1673.) Editorial Notes CODIFICATION Section was formerly classified to section 15322 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20923. Membership and appointment (a) Membership (1) In general The Commission shall have four members appointed by the President, by and with the advice and consent of the Senate. (2) Recommendations Before the initial appointment of the mem- bers of the Commission and before the ap- pointment of any individual to fill a vacancy on the Commission, the Majority Leader of the Senate, the Speaker of the House of Rep- resentatives, the Minority Leader of the Sen- ate, and the Minority Leader of the House of Representatives shall each submit to the President a candidate recommendation with respect to each vacancy on the Commission af- filiated with the political party of the Member of Congress involved. (3) Qualifications Each member of the Commission shall have experience with or expertise in election ad- ministration or the study of elections. (4) Date of appointment The appointments of the members of the Commission shall be made not later than 120 days after October 29, 2002. (b) Term of service (1) In general Except as provided in paragraphs (2) and (3), members shall serve for a term of 4 years and may be reappointed for not more than one ad- ditional term. (2) Terms of initial appointees As designated by the President at the time of nomination, of the members first ap- pointed— (A) two of the members (not more than one of whom may be affiliated with the same po- litical party) shall be appointed for a term of 2 years; and (B) two of the members (not more than one of whom may be affiliated with the same po- litical party) shall be appointed for a term of 4 years. (3) Vacancies (A) In general A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (B) Expired terms A member of the Commission shall serve on the Commission after the expiration of the member’s term until the successor of such member has taken office as a member of the Commission. (C) Unexpired terms An individual appointed to fill a vacancy shall be appointed for the unexpired term of the member replaced. (c) Chair and vice chair (1) In general The Commission shall select a chair and vice chair from among its members for a term of 1 year, except that the chair and vice chair may not be affiliated with the same political party. (2) Number of terms A member of the Commission may serve as the chairperson and vice chairperson for only Page 56 TITLE 52—VOTING AND ELECTIONS § 20924 1 term each during the term of office to which such member is appointed. (d) Compensation (1) In general Each member of the Commission shall be compensated at the annual rate of basic pay prescribed for level IV of the Executive Sched- ule under section 5315 of title 5. (2) Other activities No member appointed to the Commission under subsection (a) may engage in any other business, vocation, or employment while serv- ing as a member of the Commission and shall terminate or liquidate such business, voca- tion, or employment before sitting as a mem- ber of the Commission. (Pub. L. 107–252, title II, § 203, Oct. 29, 2002, 116 Stat. 1674.) Editorial Notes CODIFICATION Section was formerly classified to section 15323 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20924. Staff (a) Executive Director, General Counsel, and other staff (1) Executive Director The Commission shall have an Executive Di- rector, who shall be paid at a rate not to ex- ceed the rate of basic pay for level V of the Ex- ecutive Schedule under section 5316 of title 5. (2) Term of service for Executive Director The Executive Director shall serve for a term of 4 years. An Executive Director may serve for a longer period only if reappointed for an additional term or terms by a vote of the Commission. (3) Procedure for appointment (A) In general When a vacancy exists in the position of the Executive Director, the Standards Board and the Board of Advisors shall each appoint a search committee to recommend at least three nominees for the position. (B) Requiring consideration of nominees Except as provided in subparagraph (C), the Commission shall consider the nominees recommended by the Standards Board and the Board of Advisors in appointing the Ex- ecutive Director. (C) Interim service of General Counsel If a vacancy exists in the position of the Executive Director, the General Counsel of the Commission shall serve as the acting Ex- ecutive Director until the Commission ap- points a new Executive Director in accord- ance with this paragraph. (D) Special rules for interim Executive Direc- tor (i) Convening of search committees The Standards Board and the Board of Advisors shall each appoint a search com- mittee and recommend nominees for the position of Executive Director in accord- ance with subparagraph (A) as soon as practicable after the appointment of their members. (ii) Interim initial appointment Notwithstanding subparagraph (B), the Commission may appoint an individual to serve as an interim Executive Director prior to the recommendation of nominees for the position by the Standards Board or the Board of Advisors, except that such in- dividual’s term of service may not exceed 6 months. Nothing in the previous sen- tence may be construed to prohibit the in- dividual serving as the interim Executive Director from serving any additional term. (4) General Counsel The Commission shall have a General Coun- sel, who shall be appointed by the Commission and who shall serve under the Executive Di- rector. The General Counsel shall serve for a term of 4 years, and may serve for a longer pe- riod only if reappointed for an additional term or terms by a vote of the Commission. (5) Other staff Subject to rules prescribed by the Commis- sion, the Executive Director may appoint and fix the pay of such additional personnel as the Executive Director considers appropriate. (6) Applicability of certain civil service laws The Executive Director, General Counsel, and staff of the Commission may be appointed without regard to the provisions of title 5 gov- erning appointments in the competitive serv- ice, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classifica- tion and General Schedule pay rates, except that an individual so appointed may not re- ceive pay in excess of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of that title. (b) Experts and consultants Subject to rules prescribed by the Commis- sion, the Executive Director may procure tem- porary and intermittent services under section 3109(b) of title 5 by a vote of the Commission. (c) Staff of Federal agencies Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this chapter. (d) Arranging for assistance for Board of Advi- sors and Standards Board At the request of the Board of Advisors or the Standards Board, the Commission may enter into such arrangements as the Commission con- siders appropriate to make personnel available to assist the Boards with carrying out their du- ties under this subchapter (including contracts with private individuals for providing temporary personnel services or the temporary detailing of personnel of the Commission).