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Pub.L. 107-253 To authorize the National Oceanic and Atmospheric Administration, ...


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                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.

[[Page 116 STAT. 1675]]

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

SEC. 204. <<NOTE: 42 USC 15324.>> 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 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

[[Page 116 STAT. 1676]]

                      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, 
        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 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 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 arrangements 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 personnel 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.

[[Page 116 STAT. 1677]]

SEC. 205. <<NOTE: 42 USC 15325.>> POWERS.

    (a) Hearings and Sessions.--The Commission may hold such hearings 
for the purpose of carrying out this Act, sit and act at such times and 
places, take such testimony, and receive such evidence as the Commission 
considers advisable to carry out this Act. The Commission may administer 
oaths and affirmations to witnesses appearing before the Commission.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this Act. Upon request of 
the Commission, the head of such department or agency shall furnish such 
information to the Commission.
    (c) Postal Services.--The Commission may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (d) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support services 
that are necessary to enable the Commission to carry out its duties 
under this Act.
    (e) Contracts.--The Commission may contract with and compensate 
persons and Federal agencies for supplies and services without regard to 
section 3709 of the Revised Statutes of the United States (41 U.S.C. 5).

SEC. 206. <<NOTE: 42 USC 15326.>> 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, United States Code, information on the activities carried out 
under this Act.

SEC. 207. <<NOTE: 42 USC 15327.>> ANNUAL REPORT.

    Not <<NOTE: Deadline.>> 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 
        Act, 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 part 1 of subtitle D, and each other 
        report submitted to the Commission under this Act.
            (3) Information on the voluntary voting system guidelines 
        adopted or modified by the Commission under part 3 and 
        information on the voluntary guidance adopted under subtitle B 
        of title III.
            (4) All votes taken by the Commission.

[[Page 116 STAT. 1678]]

            (5) Such other information and recommendations as the 
        Commission considers appropriate.

SEC. 208. <<NOTE: 42 USC 15328.>> REQUIRING MAJORITY APPROVAL FOR 
            ACTIONS.

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

SEC. 209. <<NOTE: 42 USC 15329.>> 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 9(a) of the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg-7(a)).

SEC. 210. <<NOTE: 42 USC 15330.>> AUTHORIZATION OF APPROPRIATIONS.

    In addition to the amounts authorized for payments and grants under 
this title and the amounts authorized to be appropriated for the program 
under section 503, 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 title.

  PART 2--ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF 
                                ADVISORS

SEC. 211. <<NOTE: 42 USC 15341.>> ESTABLISHMENT.

    There are hereby established the Election Assistance Commission 
Standards Board (hereafter in this title referred to as the ``Standards 
Board'') and the Election Assistance Commission Board of Advisors 
(hereafter in this title referred to as the ``Board of Advisors'').

SEC. 212. <<NOTE: 42 USC 15342.>> DUTIES.

    The Standards Board and the Board of Advisors shall each, in 
accordance with the procedures described in part 3, review the voluntary 
voting system guidelines under such part, the voluntary guidance under 
title III, and the best practices recommendations contained in the 
report submitted under section 242(b).

SEC. 213. <<NOTE: 42 USC 15343.>> MEMBERSHIP OF STANDARDS BOARD.

    (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,

[[Page 116 STAT. 1679]]

        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 <<NOTE: Deadline.>> to chair of federal election 
        commission.--Not later than 90 days after the date of the 
        enactment of this Act, 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 title; 
                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 
                title.
            (2) <<NOTE: Publication.>>  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 title.
            (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) <<NOTE: Deadline.>>  In general.--Not later than 60 days 
        after the last day on which the appointment of any of its 

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