H. R. 3295—8
(2) AMOUNTS DESCRIBED.—The amounts referred to in this
paragraph are as follows:
(A) Any amounts paid to the Administrator by a State
under section 102(d)(1).
(B) Any amounts appropriated for payments under this
title 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 254(b),
the State shall ensure that any funds provided to the State under
this title are deposited and maintained in such fund.
(e) AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATOR.—
In addition to the amounts authorized under subsection (a), there
are authorized to be appropriated to the Administrator such sums
as may be necessary to administer the programs under this title.
SEC. 105. ADMINISTRATION OF PROGRAMS.
In administering the programs under this title, the Adminis-
trator shall take such actions as the Administrator considers appro-
priate to expedite the payment of funds to States.
SEC. 106. EFFECTIVE DATE.
The Administrator shall implement the programs established
under this title 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 the date of the
enactment of this Act.
TITLE II—COMMISSION
Subtitle A—Establishment and General
Organization
PART 1—ELECTION ASSISTANCE COMMISSION
SEC. 201. ESTABLISHMENT.
There is hereby established as an independent entity the Elec-
tion Assistance Commission (hereafter in this title referred to as
the ‘‘Commission’’), consisting of the members appointed under this
part. 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 part 2 (hereafter in this part referred to as the
‘‘Standards Board’’ and the ‘‘Board of Advisors’’, respectively) and
the Technical Guidelines Development Committee under part 3.
SEC. 202. 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 part 3 (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;
H. R. 3295—9
(2) carrying out the duties described in subtitle B (relating
to the testing, certification, decertification, and recertification
of voting system hardware and software);
(3) carrying out the duties described in subtitle C (relating
to conducting studies and carrying out other activities to pro-
mote the effective administration of Federal elections);
(4) carrying out the duties described in subtitle D (relating
to election assistance), and providing information and training
on the management of the payments and grants provided under
such subtitle;
(5) carrying out the duties described in subtitle B of title
III (relating to the adoption of voluntary guidance); and
(6) developing and carrying out the Help America Vote
College Program under title V.
SEC. 203. 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 members of the Commission and before the appointment
of any individual to fill a vacancy on the Commission, the
Majority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, 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 affiliated 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 administra-
tion or the study of elections.
(4) DATE OF APPOINTMENT.—The appointments of the mem-
bers of the Commission shall be made not later than 120
days after the date of the enactment of this Act.
(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 additional term.
(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.—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.
H. R. 3295—10
(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 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 Schedule under section 5315 of
title 5, United States Code.
(2) OTHER
ACTIVITIES.—No member appointed to the
Commission under subsection (a) may engage in any other
business, vocation, or employment while serving as a member
of the Commission and shall terminate or liquidate such busi-
ness, vocation, or employment before sitting as a member of
the Commission.
SEC. 204. STAFF.
(a) EXECUTIVE
DIRECTOR, GENERAL
COUNSEL, AND
OTHER
STAFF.—
(1) EXECUTIVE DIRECTOR.—The Commission shall have an
Executive Director, who shall be paid at a rate not to exceed
the rate of basic pay for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) TERM
OF
SERVICE
FOR
EXECUTIVE
DIRECTOR.—The
Executive Director shall serve for a term of 4 years. An Execu-
tive 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 Execu-
tive 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 Executive Director until the Commission
appoints a new Executive Director in accordance with this
paragraph.
(D) 
SPECIAL
RULES
FOR
INTERIM
EXECUTIVE
DIRECTOR.—
(i) CONVENING
OF
SEARCH
COMMITTEES.—The
Standards Board and the Board of Advisors shall each
appoint a search committee and recommend nominees
for the position of Executive Director in accordance
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with subparagraph (A) as soon as practicable after
the appointment of their members.
(ii) 
INTERIM
INITIAL
APPOINTMENT.—Notwith-
standing 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 individual’s term of
service may not exceed 6 months. Nothing in the pre-
vious sentence may be construed to prohibit the indi-
vidual serving as the interim Executive Director from
serving any additional term.
(4) GENERAL COUNSEL.—The Commission shall have a Gen-
eral Counsel, who shall be appointed by the Commission and
who shall serve under the Executive Director. The General
Counsel shall serve for a term of 4 years, and may serve
for a longer period only if reappointed for an additional term
or terms by a vote of the Commission.
(5) OTHER
STAFF.—Subject to rules prescribed by the
Commission, 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 Commis-
sion may be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates, except that an individual so appointed may not receive
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 Commission, the Executive Director may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, by a vote of the Commission.
(c) STAFF OF FEDERAL AGENCIES.—Upon request of the Commis-
sion, 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 Act.
(d) ARRANGING FOR ASSISTANCE FOR BOARD OF ADVISORS AND
STANDARDS BOARD.—At the request of the Board of Advisors or
the Standards Board, the Commission may enter into such arrange-
ments as the Commission considers appropriate to make personnel
available to assist the Boards with carrying out their duties under
this title (including contracts with private individuals for providing
temporary personnel services or the temporary detailing of per-
sonnel of the Commission).
(e) CONSULTATION WITH BOARD OF ADVISORS AND STANDARDS
BOARD ON CERTAIN MATTERS.—In preparing the program goals,
long-term plans, mission statements, and related matters for the
Commission, the Executive Director and staff of the Commission
shall consult with the Board of Advisors and the Standards Board.