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THE
TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE
The Technical Guidelines Development Committee was established
under the Help America Vote Act of 2002 (Pub. L. No. 107-252)
and is governed by the Federal Advisory Committee Act (FACA),
which sets forth procedural requirements for establishment of
advisory committees.
The
Role of the Committee
Under
the FACA, the Committee may be advisory only. The Committee has
no "operational" functions, such as making or implementing
Government decisions. When in doubt about the propriety of a particular
Committee activity, members should ask the Committee's Designated
Federal Officer (DFO), Commissioner Donetta Davidson.
The
Committee's advisory duties are determined by statute which provides
that the general purpose of the Committee is to assist the Executive
Director of the Election Assistance Commission in the development
of voluntary voting system guidelines (see HAVA § 221, 231).
HAVA
further requires the Committee to publish in the Federal Register
any guidelines on voluntary voting systems that are recommended
by the Commission at the time that the Commission publishes the
finally adopted VVSG.
The
Role of the Members
All
members are appointed by and serve at the pleasure of the Commission
and the Director of the National Institute of Standards and Technology.
The
Committee may not advise Congress directly, or engage in grassroots
lobbying activities because these activities are outside the scope
of the charter, and may implicate other prohibitions against grassroots
lobbying that apply to Federal agencies and employees in general.
Of course, this does not affect any Committee member's activities
in other capacities, such as a private citizen.
This
Committee includes two types of members: those who serve in an
individual capacity as subject matters experts, and those who
serve in a representative capacity on behalf of a particular organization.
The determination of the capacity in which a member serves is
made by the Commission, which will inform each member as to his
or her particular capacity.
Members
who serve in an individual, expert capacity are Special Government
Employees (SGEs) under 18 U.S.C. § 208, and are subject to
Federal conflict of interest statutes and rules. As such, they
are prohibited from participating in particular matters that may
have a direct and predictable effect on their financial interest
or on those of a spouse, minor child, or general partner.
SGEs
also may not be Registered Agents under the Foreign Agents Registration
Act (22 U.S.C. § 611 et seq.). The responsibility for determining
whether any particular member is required to register as a foreign
agent under this statute lies with the individual and not the
Commission.
Members who serve in a representative capacity are not subject
to the conflict of interest statutes, but must still adhere to
rules designed to prevent using a public position for private
gain, including abuse of Government affiliations, resources, and
information.
Advice
on standards of conduct matters for both SGEs and representatives
will be provided by the Election Assistance Commission.
Members
of the TGDC, whether SGEs or representatives, do not represent
the EAC and may not refer to themselves in such capacity. They
may not represent the TGDC individually. The TGDC acts and speaks
through resolutions voted on and passed by a majority of the TGDC
members.
Meetings
of the Committee
The
Committee shall not act in the absence of a quorum which is defined
as a simple majority of the members of the Committee not having
a conflict of interest in the matter being considered by the Committee,
except that, if the number of the members on the Committee is
even, half will suffice.
All
Committee meetings must be called by the Designated Federal Officer
(DFO), announced to the public in advance, and be open to the
public. While limited exceptions to the open meeting requirement
exist, they must be based on applicable law. Closed meetings must
be approved in advance by the Election Assistance Commission.
Meetings
should allow a reasonable opportunity for public comments. The
public may also file written statements with the Committee at
any time.
All
materials made available to the Committee, prepared for the Committee,
or prepared by members of the Committee, as well as minutes and
transcripts of meetings, will be available to the public in a
reading room format (except that those materials that would qualify
for withholding under the exemptions to the Freedom of Information
Act shall be removed before materials are made to the public.
Meetings
may be held in person, via videoconference or conference call,
so long as the public is afforded contemporaneous access to the
deliberations.
A
meeting does not occur when Committee members communicate on purely
logistical or administrative matters, such as holding a conference
call with the DFO to schedule a meeting.
Subcommittees
Consistent
with the FACA, the Election Assistance Commission will create
any subcommittees that may be necessary to accomplish the Committee's
function.
Subcommittees
which do not function independently of the Committee are not required
to be separately chartered, but are subject to prior written approval
of the Commission before convening.
Independent
subcommittees, or subcommittees that contemplate using non-members,
will have to be looked at individually to determine whether they
need to be separately chartered to comply with the FACA.
Subcommittees
reports, findings, and recommendations developed during subcommittee
meetings must be forwarded to the full Committee, which must actually
deliberate on these materials at a meeting that complies with
the FACA prior to advising the EAC based on the subcommittee's
work.
Administrative
Matters
Administrative
support for the Committee is provided by the Election Assistance
Commission.
Under
the Help America Vote Act, the National Institute of Standards
and Technology will provide technical assistance to the Commission.
Members
are not compensated for their services, but travel including per
diem in lieu of subsistence) may be paid upon request. All Government-funded
travel must be at the Government's request and must involve the
provision of a direct service to the Government, such as convening
to advise Government officials on Government matters. Reimbursement
is set at the rates that apply to Federal employees under the
Federal Travel Regulations.
Election
Assistance Commission attorneys provide legal advice to the Commission,
including the DFO. With the exception of standards of conduct
issues, they cannot serve as legal advisors to Committee members.
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