Sec. 106. Office of Democracy Advancement and Innovation

1,051 words·~5 min read·/bill/119/s/2588/is/section-106

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

There is established as an independent establishment in the executive branch the Office of Democracy Advancement and Innovation. The Office shall be headed by a Director, who shall be appointed by the President with the advice and consent of the Senate. The Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. A vacancy in the position of Director shall be filled in the same manner as the original appointment.

The Director shall be paid at an annual rate of pay equal to the annual rate in effect for level II of the Executive Schedule. The Director may be removed from office by the President. If the President removes the Director, the President shall communicate in writing the reasons for the removal to both Houses of Congress not later than 30 days beforehand. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law. The Director shall appoint a General Counsel who shall be paid at an annual rate of pay equal to the annual rate in effect for level III of the Executive Schedule.

In the event of a vacancy in the position of the Director, the General Counsel shall exercise all the responsibilities of the Director until such vacancy is filled. The Director may appoint and fix the pay of staff designated as Senior staff, such as a Deputy Director, who may be paid at an annual rate of pay equal to the annual rate in effect for level IV of the Executive Schedule. In addition to the General Counsel and Senior staff, the Director may appoint and fix the pay of such other staff as the Director considers necessary to carry out the duties of the Office, except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule.

The duties of the Office are as follows: The Director shall administer the Program, in consultation with the Election Assistance Commission, including by holding quarterly meetings of representatives from such Commission. The Director shall oversee the operation of the Trust Fund and monitor its balances, in consultation with the Election Assistance Commission and the Secretary of the Treasury. The Director may hold funds in reserve to cover the expenses of the Office and to preserve the solvency of the Trust Fund.

Not later than 180 days after the date of the regularly scheduled general election for Federal office held in 2026 and each succeeding regularly scheduled general election for Federal office thereafter, the Director, in consultation with the Election Assistance Commission, shall submit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the activities carried out under the Program and the amounts deposited into and paid from the Trust Fund during the two most recent fiscal years.

Section 415(a)(1)(A) of title 5, United States Code, is amended by inserting the Office of Democracy Advancement and Innovation, after Election Assistance Commission, . The amendment made by paragraph

(1)shall take effect 180 days after the appointment of the Director. Clause

(i)of section 7323(b)(2)(B) of title 5, United States Code, is amended— by striking or at the end of subclause (XIII); and by adding at the end the following new subclause: the Office of Democracy Advancement and Innovation; or . Except as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the duties of the Office under this Act and the amendments made by this Act. Not later than 90 days after the date of the enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the requirements of this title and the amendments made by this title. The Election Assistance Commission shall timely submit comments with respect to any proposed regulations promulgated by the Director under this subsection. Notwithstanding subsection (b), during the transition period, the Director of the Office of Management and Budget is authorized to perform the functions of the Office under this Act, and shall act for all purposes as, and with the full powers of, the Director. During the transition period, the Director of the Office of Management and Budget may provide administrative services necessary to support the Office. The Director of the Office of Management and Budget shall cease providing interim administrative services under this paragraph upon the expiration of the transition period, except that the Director of the Office of Management and Budget may continue to provide such services after the expiration of the transition period if the Director and the Director of the Office of Management and Budget jointly transmit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate— a written determination that an orderly implementation of this Act is not feasible by the expiration of the transition period; an explanation of why an extension is necessary for the orderly implementation of this Act; a description of the period during which the Director of the Office of Management and Budget shall continue providing services under the authority of this subparagraph; and a description of the steps that will be taken to ensure an orderly and timely implementation of this Act during the period described in clause (iii). In this subsection, the transition period is the period which begins on the date of the enactment of this Act and ends on the date on which the first Director is appointed. Notwithstanding any other provision of this subsection, the Director of the Office of Management and Budget may not exercise any authority under this subsection after the expiration of the 24-month period which begins on the date of the enactment of this Act. There are authorized to be appropriated from the Trust Fund such sums as may be necessary to carry out the activities of the Office for fiscal year 2026 and each succeeding fiscal year.