1. U.S. Code
  2. title 52
  3. subtitle II
  4. chapter 209
  5. subchapter II
  6. part A
  7. subpart 1
  8. § 20923

Collapse to view only § 20923. Membership and appointment

§ 20921. Establishment

There is hereby established as an independent entity the Election Assistance Commission (hereafter in this subchapter referred to as the “Commission”), consisting of the members appointed under this subpart. Additionally, there is established the Election Assistance Commission Standards Board (including the Executive Board of such Board) and the Election Assistance Commission Board of Advisors under subpart 2 of this part (hereafter in this subpart referred to as the “Standards Board” and the “Board of Advisors”, respectively) and the Technical Guidelines Development Committee under subpart 3 of this part.

(Pub. L. 107–252, title II, § 201, Oct. 29, 2002, 116 Stat. 1673.)

CITE AS: 52 USC 20921

§ 20922. Duties
The Commission shall serve as a national clearinghouse and resource for the compilation of information and review of procedures with respect to the administration of Federal elections by—
(1) carrying out the duties described in subpart 3 of this part (relating to the adoption of voluntary voting system guidelines), including the maintenance of a clearinghouse of information 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 recertification of voting system hardware and software);
(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 Federal elections);
(4) carrying out the duties described in part D of this subchapter (relating to election assistance), 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 subchapter V.
(Pub. L. 107–252, title II, § 202, Oct. 29, 2002, 116 Stat. 1673.)

CITE AS: 52 USC 20922

§ 20923. Membership and appointment
(a) Membership
(1) In general
(2) Recommendations
(3) Qualifications
(4) Date of appointment
(b) Term of service
(1) In general
(2) Terms of initial appointees
As designated by the President at the time of nomination, of the members first appointed—
(A) two of the members (not more than one of whom may be affiliated with the same political 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 political party) shall be appointed for a term of 4 years.
(3) Vacancies
(A) In general
(B) Expired terms
(C) Unexpired terms
(c) Chair and vice chair
(1) In general
(2) Number of terms
(d) Compensation
(1) In general
(2) Other activities
(Pub. L. 107–252, title II, § 203, Oct. 29, 2002, 116 Stat. 1674.)

CITE AS: 52 USC 20923

§ 20924. Staff
(a) Executive Director, General Counsel, and other staff
(1) Executive Director
(2) Term of service for Executive Director
(3) Procedure for appointment
(A) In general
(B) Requiring consideration of nominees
(C) Interim service of General Counsel
(D) Special rules for interim Executive Director
(i) Convening of search committees
(ii) Interim initial appointment
(4) General Counsel
(5) Other staff
(6) Applicability of certain civil service laws
(b) Experts and consultants
(c) Staff of Federal agencies
(d) Arranging for assistance for Board of Advisors and Standards Board
(e) Consultation with Board of Advisors and Standards Board on certain matters
(Pub. L. 107–252, title II, § 204, Oct. 29, 2002, 116 Stat. 1675.)

CITE AS: 52 USC 20924

§ 20925. Powers
(a) Hearings and sessions
(b) Information from Federal agencies
(c) Postal services
(d) Administrative support services
(e) Contracts
(Pub. L. 107–252, title II, § 205, Oct. 29, 2002, 116 Stat. 1677.)

CITE AS: 52 USC 20925

§ 20926. Dissemination of information

In carrying out its duties, the Commission shall, on an ongoing basis, disseminate to the public (through the Internet, published reports, and such other methods as the Commission considers appropriate) in a manner that is consistent with the requirements of chapter 19 of title 44 information on the activities carried out under this chapter.

(Pub. L. 107–252, title II, § 206, Oct. 29, 2002, 116 Stat. 1677.)

CITE AS: 52 USC 20926

§ 20927. Annual report
Not later than January 31 of each year (beginning with 2004), the Commission shall submit a report to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate detailing its activities during the fiscal year which ended on September 30 of the previous calendar year, and shall include in the report the following information:
(1) A detailed description of activities conducted with respect to each program carried out by the Commission under this chapter, including information on each grant or other payment made under such programs.
(2) A copy of each report submitted to the Commission by a recipient of such grants or payments which is required under such a program, including reports submitted by States receiving requirements payments under subpart 1 of part D of this subchapter, and each other report submitted to the Commission under this chapter.
(3) Information on the voluntary voting system guidelines adopted or modified by the Commission under subpart 3 of this part and information on the voluntary guidance adopted under part B of subchapter III.
(4) All votes taken by the Commission.
(5) Such other information and recommendations as the Commission considers appropriate.
(Pub. L. 107–252, title II, § 207, Oct. 29, 2002, 116 Stat. 1677.)

CITE AS: 52 USC 20927

§ 20928. Requiring majority approval for actions

Any action which the Commission is authorized to carry out under this chapter may be carried out only with the approval of at least three of its members.

(Pub. L. 107–252, title II, § 208, Oct. 29, 2002, 116 Stat. 1678.)

CITE AS: 52 USC 20928

§ 20929. Limitation on rulemaking authority

The Commission shall not have any authority to issue any rule, promulgate any regulation, or take any other action which imposes any requirement on any State or unit of local government, except to the extent permitted under section 20508(a) of this title.

(Pub. L. 107–252, title II, § 209, Oct. 29, 2002, 116 Stat. 1678.)

CITE AS: 52 USC 20929

§ 20930. Authorization of appropriations

In addition to the amounts authorized for payments and grants under this subchapter and the amounts authorized to be appropriated for the program under section 21123 of this title, there are authorized to be appropriated for each of the fiscal years 2003 through 2005 such sums as may be necessary (but not to exceed $10,000,000 for each such year) for the Commission to carry out this subchapter.

(Pub. L. 107–252, title II, § 210, Oct. 29, 2002, 116 Stat. 1678.)

CITE AS: 52 USC 20930