[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4479 Introduced in House (IH)]

<DOC>






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.
                                 <all>