United States 118th Congress Status: In Committee 2 R cosponsors

HR 4479 — Positioning the Election Assistance Commission for the Future Act of 2023

Last action — Referred to the House Committee on House Administration.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

To amend the Help America Vote Act of 2002 to improve the administration and operation of the Election Assistance Commission, and for other purposes.

Bill Text

Sections of law this bill changes

5 sections in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Election administration improvement · 52 U.S.C. ch. 209 4 sections Amends the act as a whole
  • § 20923 Membership and appointment Amends

    52 U.S.C. § 20923 — at 20923(d)

    The law today

    (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 administration 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 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. (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. (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 business, vocation, or employment before sitting as a member of the Commission.

    3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 20924 Staff Amends

    52 U.S.C. § 20924 — at 20924(a)(5)

    The law today

    (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. (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 Executive 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 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 individual’s term of service may not exceed 6 months. Nothing in the previous sentence may be construed to prohibit the individual serving as the interim Executive Director from serving any additional term. (4) General Counsel The Commission shall have a General 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 Commission may be appointed without regard to the provisions of title 5 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 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 Advisors 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 considers appropriate to make personnel available to assist the Boards with carrying out their duties under this subchapter (including contracts with private individuals for pr...

    4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 20930 Authorization of appropriations Amends

    52 U.S.C. § 20930

    The law today

    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.

    26 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 20943 Membership of Standards Board Amends

    52 U.S.C. § 20943 — at 20943(c)

    The law today

    (a) Composition (1) In general Subject to certification by the chair of the Federal Election Commission under subsection (b), the Standards Board shall be composed of 110 members as follows: (A) Fifty-five shall be State election officials selected by the chief State election official of each State. (B) Fifty-five shall be local election officials selected in accordance with paragraph (2). (2) List of local election officials Each State’s local election officials, including the local election officials of Puerto Rico and the United States Virgin Islands, shall select (under a process supervised by the chief election official of the State) a representative local election official from the State for purposes of paragraph (1)(B). In the case of the District of Columbia, Guam, and American Samoa, the chief election official shall establish a procedure for selecting an individual to serve as a local election official for purposes of such paragraph, except that under such a procedure the individual selected may not be a member of the same political party as the chief election official. (3) Requiring mix of political parties represented The two members of the Standards Board who represent the same State may not be members of the same political party. (b) Procedures for notice and certification of appointment (1) Notice to chair of Federal Election Commission Not later than 90 days after October 29, 2002, the chief State election official of the State shall transmit a notice to the chair of the Federal Election Commission containing— (A) the name of the State election official who agrees to serve on the Standards Board under this subchapter; and (B) the name of the representative local election official from the State selected under subsection (a)(2) who agrees to serve on the Standards Board under this subchapter. (2) Certification Upon receiving a notice from a State under paragraph (1), the chair of the Federal Election Commission shall publish a certification that the selected State election official and the representative local election official are appointed as members of the Standards Board under this subchapter. (3) Effect of failure to provide notice If a State does not transmit a notice to the chair of the Federal Election Commission under paragraph (1) within the deadline described in such paragraph, no representative from the State may participate in the selection of the initial Executive Board under subsection (c). (4) Role of Commission Upon the appointment of the members of the Election Assistance Commission, the Election Assistance Commission shall carry out the duties of the Federal Election Commission under this subsection. (c) Executive Board (1) In general Not later than 60 days after the last day on which the appointment of any of its members may be certified under subsection (b), the Standards Board shall select nine of its members to serve as the Executive Board of the Standards Board, of whom— (A) not more than five may be State election officials; (B) not more than five may be local election officials; and (C) not more than five may be members of the same political party. (2) Terms Except as provided in paragraph (3), members of the Executive Board of the Standards Board shall serve for a term of 2 years and may not serve for more than 3 consecutive terms. (3) Staggering of initial terms Of the members first selected to serve on the Executive Board of the Standards Board— (A) three shall serve for 1 term; (B) three shall serve for 2 consecutive terms; and (C) three shall serve for 3 consecutive terms, as determined by lot at the time the members are first appointed. (4) Duties In addition to any other duties assigned under this subchapter, the Executive Board of the Standards Board may carry out such duties of the Standards Board as the Standards Board may delegate.

    19 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 5 U.S.C. § 5315, 5 U.S.C. § 5318, 20 U.S.C. § 1001

How this bill changes current law

10 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Help America Vote Act of 2002 to enhance the operations and authority of the Election Assistance Commission, including staffing and funding provisions.

  • 52 U.S.C. 20924(a)(5)

    of such additional personnel → of not more than 55 full-time equivalent employees to carry out the duties and responsibilities under this Act

    This change limits the number of employees the Executive Director can appoint to 55 full-time equivalent positions.

  • 52 U.S.C. 20930

    for each of the fiscal years 2003 through 2005 → for each of the fiscal years 2024 through 2026

    This updates the appropriation years from 2003-2005 to 2024-2026.

  • 52 U.S.C. 20930

    (but not to exceed $10,000,000 for each such year) → (but not to exceed $25,000,000 for each such year)

    This increases the maximum funding authorization from $10 million to $25 million per year.

  • 52 U.S.C. 20923(d)(1)

    at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code → 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

    This changes the compensation structure for Commission members to a fixed amount adjusted annually instead of being tied to a pay level.

  • 52 U.S.C. 20923(d)

    No member appointed → Except as provided in paragraph (3), no member appointed

    This modifies the restriction on other activities for Commission members by adding an exception.

  • 52 U.S.C. 20923(d)

    (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...

    This allows Commission members to hold positions at educational institutions under certain conditions.

  • 52 U.S.C. 20924

    (f) Office of Inspector General.--The Inspector General of the Election Assistance Commission may appoint not more than 7 full-time equivalent employees...

    This establishes an Office of Inspector General within the Election Assistance Commission with specific staffing authority.

  • 52 U.S.C. 20943(c)

    (5) Authority to enter into contracts.--The Executive Board of the Standards Board may...

    This grants the Executive Board of the Standards Board the authority to enter into contracts for specific staffing needs.

  • 52 U.S.C. 21001 et seq.

    PART 7--GENERAL REQUIREMENTS FOR PAYMENTS SEC. 297. PROHIBITING USE OF PAYMENTS FOR GET-OUT-THE-VOTE-ACTIVITY.

    This introduces a prohibition on the use of commission payments for get-out-the-vote activities.

  • 52 U.S.C. 21001 et seq.

    SEC. 297A. REQUIRING COMMUNICATIONS FUNDED BY PAYMENTS TO INCLUDE DISCLAIMER.

    This mandates that communications funded by Commission payments must include a specific disclaimer.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on House Administration.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 545 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (545)

545 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does HR 4479 do?
To amend the Help America Vote Act of 2002 to improve the administration and operation of the Election Assistance Commission, and for other purposes.
Who sponsors HR 4479?
HR 4479 is sponsored by Lawler, Michael (Republican) and D'Esposito, Anthony (Republican).
What is the current status of HR 4479?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 4479?
Track HR 4479 free on One Click Politics — get push/email alerts when it moves.

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