[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4479 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4479
To amend the Help America Vote Act of 2002 to improve the
administration and operation of the Election Assistance Commission, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 6, 2023
Mr. D'Esposito introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to improve the
administration and operation of the Election Assistance Commission, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Positioning the Election Assistance
Commission for the Future Act of 2023''.
SEC. 2. FINDINGS RELATING TO THE ADMINISTRATION OF THE ELECTION
ASSISTANCE COMMISSION.
Congress finds the following:
(1) The Election Assistance Commission best serves the
American people when operating within its core statutory
functions, including serving as a clearinghouse for information
on election administration, providing grants, and testing and
certifying election equipment.
(2) The American people are best served when Federal agency
election assistance is offered by a single agency with
expertise in this space. The Election Assistance Commission,
composed of four election experts from different political
parties, is best situated among the Federal government agencies
to offer assistance services to citizens and to guide other
Federal agencies that have responsibilities in the elections
space. The Commission is also best suited to determine the
timing of the issuance of any advisories and to disburse all
appropriated election grant funding.
(3) To this end, Congress finds that the Election
Assistance Commission should be viewed as the lead Federal
government agency on all election administration matters, and
other Federal agencies operating in this space should look to
the Commission for guidance, direction, and support on election
administration-related issues.
SEC. 3. REQUIREMENTS WITH RESPECT TO STAFF AND FUNDING OF THE ELECTION
ASSISTANCE COMMISSION.
(a) Staff.--Section 204(a)(5) of the Help America Vote Act of 2002
(52 U.S.C. 20924(a)(5)) is amended by striking ``of such additional
personnel'' and inserting ``of not more than 55 full-time equivalent
employees to carry out the duties and responsibilities under this
Act''.
(b) Funding.--Section 210 of the Help America Vote Act of 2002 (52
U.S.C. 20930) is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for each of the fiscal years 2024
through 2026''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)'' and inserting ``(but not to exceed $25,000,000 for
each such year)''.
(c) Prohibition on Certain Use of Funds.--
(1) Prohibition.--None of the funds authorized to be
appropriated or otherwise made available under subsection (b)
may be obligated or expended for the operation of an advisory
committee established by the Election Assistance Commission
pursuant to and in accordance with the provisions of the
Federal Advisory Committee Act (5 U.S.C. App. 2), except with
respect to the operation of the Local Leadership Council.
(2) No effect on entities established by help america vote
act of 2002.--Paragraph (1) does not apply with respect to the
operation of any entity established by the Help America Vote
Act of 2002, including the Election Assistance Commission
Standards Board, the Election Assistance Commission Board of
Advisors, and the Technical Guidelines Development Committee.
(d) Requirements With Respect to Compensation of Members of the
Commission.--Section 203(d) of the Help America Vote Act of 2002 (52
U.S.C. 20923(d)) is amended--
(1) in paragraph (1), by striking ``at the annual rate of
basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code'' and
inserting ``at an annual rate of basic pay equal to the amount
of $186,300, as adjusted under section 5318 of title 5, United
States Code, in the same manner as the annual rate of pay for
positions at each level of the Executive Schedule'';
(2) in paragraph (2), by striking ``No member appointed''
and inserting ``Except as provided in paragraph (3), no member
appointed''; and
(3) by adding at the end the following new paragraph:
``(3) Supplemental employment and compensation.--An
individual serving a term of service on the Commission shall be
permitted to hold a position at an institution of higher
education (as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) if--
``(A) the General Counsel of the Election
Assistance Commission determines that such position
does not create a conflict of interest with the
individual's position as a sitting member of the
Commission and grants the individual approval to hold
the position; and
``(B) the annual rate of compensation received by
the individual from such institution is not greater
than the amount equal to 49.9 percent of the annual
rate of basic pay paid to the individual under
paragraph (1).''.
(e) Office of Inspector General.--Section 204 of the Help America
Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the
following new subsection:
``(f) Office of Inspector General.--The Inspector General of the
Election Assistance Commission may appoint not more than 7 full-time
equivalent employees to assist the Inspector General to carry out the
duties and responsibilities under section 4 of the Inspector General
Act of 1978 (5 U.S.C. App. 4), of whom 2 shall have primarily
administrative duties and responsibilities.''.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2023.
SEC. 4. EXCLUSIVE AUTHORITY OF ELECTION ASSISTANCE COMMISSION TO MAKE
ELECTION ADMINISTRATION PAYMENTS TO STATES.
(a) In General.--No entity of the Federal Government other than the
Election Assistance Commission may make any payment to a State for
purposes of administering elections for Federal office, including
obtaining election and voting equipment and infrastructure, enhancing
election and voting technology, and making election and voting security
improvements, including with respect to cybersecurity and
infrastructure.
(b) Effective Date.--Subsection (a) shall apply with respect to
payments made on or after the date of the enactment of this Act.
SEC. 5. EXECUTIVE BOARD OF THE STANDARDS BOARD AUTHORITY TO ENTER INTO
CONTRACTS.
Section 213(c) of the Help America Vote Act of 2002 (52 U.S.C.
20943(c)) is amended by adding at the end the following new paragraph:
``(5) Authority to enter into contracts.--The Executive
Board of the Standards Board may, using amounts already made
available to the Commission, enter into contracts to employ and
retain no more than 2 individuals to enable the Standards Board
to discharge its duties with respect to the examination and
release of voluntary considerations with respect to the
administration of elections for Federal offices by the States
under section 247, except that--
``(A) no more than 1 individual from the same
political party may be employed under such contracts at
the same time;
``(B) the authority to enter into such contracts
shall end on the earlier of the date of the release of
the considerations or December 31, 2024; and
``(C) no additional funds may be appropriated to
the Commission for the purposes of carrying out this
paragraph.''.
SEC. 6. ELECTION ASSISTANCE COMMISSION PRIMARY ROLE IN ELECTION
ADMINISTRATION.
Except as provided in any other provision of law, the Election
Assistance Commission shall, with respect to any other entity of the
Federal Government, have primary jurisdiction to address issues with
respect to the administration of elections for Federal office.
SEC. 7. GENERAL REQUIREMENTS FOR PAYMENTS MADE BY ELECTION ASSISTANCE
COMMISSION.
(a) Prohibiting Use of Payments for Get-Out-the-Vote-Activity.--
Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C.
21001 et seq.) is amended by adding at the end the following new part:
``PART 7--GENERAL REQUIREMENTS FOR PAYMENTS
``SEC. 297. PROHIBITING USE OF PAYMENTS FOR GET-OUT-THE-VOTE-ACTIVITY.
``(a) Prohibition.--No payment made to a State or unit of local
government by the Commission may be used for get-out-the-vote activity.
``(b) Definition.--In this section, the term `get-out-the-vote
activity' means, with respect to a payment made to a State or unit of
local government, any activity which, at the time the payment is made,
is treated as get-out-the-vote-activity under the Federal Election
Campaign Act of 1971 and the regulations promulgated by the Federal
Election Commission to carry out such Act.''.
(b) Requiring Disclaimer in Communications.--Part 7 of subtitle D
of title II of such Act, as added by subsection (b), is amended by
adding at the end the following new section:
``SEC. 297A. REQUIRING COMMUNICATIONS FUNDED BY PAYMENTS TO INCLUDE
DISCLAIMER.
``(a) Requirement.--If a State or unit of local government
disseminates a public communication which was developed or disseminated
in whole or in part with a payment made to the State or local
government by the Commission under this Act or any other Act, the State
or unit of local government shall ensure that the communication
includes, in a clear and conspicuous manner, the following statement:
`Paid for using Federal taxpayer funds pursuant to the Help America
Vote Act'.
``(b) Clear and Conspicuous Manner Described.--A statement required
under subsection (a) shall be considered to be in a clear and
conspicuous manner if the statement meets the following requirements:
``(1) Text or graphic communications.--In the case of a
text or graphic communication, the statement--
``(A) appears in letters at least as large as the
majority of the text in the communication
``(B) is contained in a printed box set apart from
the other contents of the communication; and
``(C) is printed with a reasonable degree of color
contrast between the background and the printed
statement.
``(2) Audio communications.--In the case of an audio
communication, the statement is spoken in a clearly audible and
intelligible manner at the beginning or end of the
communication and lasts at least 3 seconds.
``(3) Video communications.--In the case of a video
communication which also includes audio, the statement--
``(A) is included at either the beginning or the
end of the communication; and
``(B) is made both in--
``(i) a written format that meets the
requirements of subparagraph (A) and appears
for at least 4 seconds; and
``(ii) an audible format that meets the
requirements of subparagraph (B).
``(4) Other communications.--In the case of any other type
of communication, the statement is at least as clear and
conspicuous as the statement specified in paragraph (1), (2),
or (3).
``(c) Public Communication.--In this section, the term `public
communication' means a communication relating to the administration of
an election for Federal office by means of any broadcast, cable, or
satellite communication, newspaper, magazine, outdoor advertising
facility, mass mailing, or telephone bank to the general public, or any
other form of general public advertising.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting at the end of the items relating to subtitle D of
title II the following:
``Part 7--General Requirements for Payments
``Sec. 297. Prohibiting use of payments for get-out-the-vote-activity.
``Sec. 297A. Requiring communications funded by payments to include
disclaimer.''.
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to payments made on or after the date
of the enactment of this Act.
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