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52 U.S.C. § 20924 — Staff

submitted 24 years ago by Pub. L. 107-252 to r/title-52-VOTING-AND-ELECTIONS · 705 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Election Assistance Commission has an Executive Director and General Counsel, each serving 4-year terms, plus other staff the Executive Director hires. The section sets appointment procedures, pay caps, and rules for using outside experts or detailed federal staff.

(a) Executive Director, General Counsel, and other staff.
(1) The Commission has an Executive Director, paid at a rate no higher than level V of the Executive Schedule under 5 U.S.C. § 5316.
(2) The Executive Director serves a 4-year term, and may serve longer only if the Commission votes to reappoint.
(3) Procedure for appointment. (A) When the Executive Director position is vacant, the Standards Board and the Board of Advisors must each set up a search committee to recommend at least three nominees. (B) Except as (C) allows, the Commission must consider the nominees from both boards when appointing the Executive Director. (C) If the position is vacant, the Commission's General Counsel serves as acting Executive Director until a new one is appointed under this paragraph. (D) Special rules for an interim Executive Director: (i) both boards must set up search committees and recommend nominees as soon as practical after their own members are appointed; (ii) despite subparagraph (B), the Commission may appoint someone as interim Executive Director before the boards recommend nominees, but that interim appointment can't last more than 6 months — though the same person can later serve additional terms.
(4) The Commission also has a General Counsel, appointed by the Commission, who serves under the Executive Director. The General Counsel serves a 4-year term, renewable only by a Commission vote.
(5) Other staff. Subject to Commission rules, the Executive Director may hire and set pay for whatever additional staff the Executive Director thinks is needed.
(6) Applicability of certain civil service laws. The Executive Director, General Counsel, and staff can be appointed without following title 5's competitive-service rules, and paid without following its classification and General Schedule pay rules — but no one appointed this way can be paid more than the level V Executive Schedule rate.

(b) Experts and consultants. Subject to Commission rules, the Executive Director may hire temporary and part-time experts under 5 U.S.C. § 3109(b), with a Commission vote.

(c) Staff of Federal agencies. At the Commission's request, the head of any federal department or agency may detail staff to the Commission on a reimbursable basis, to help carry out its duties.

(d) Arranging for assistance for Board of Advisors and Standards Board. At the request of either board, the Commission may make arrangements — including contracts for temporary staff, or temporarily detailing Commission staff — to help the boards carry out their duties under this subchapter.

(e) Consultation with Board of Advisors and Standards Board. When preparing the Commission's program goals, long-term plans, mission statements, and related matters, the Executive Director and staff must consult with the Board of Advisors and the Standards Board.

the actual law source: uscode.house.gov ↗public domain
(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 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.

Source credit: (Pub. L. 107–252, title II, § 204, Oct. 29, 2002, 116 Stat. 1675.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-252 · 116 Stat. 1675

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-252 on 2002-10-29.

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