[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 672 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 672

    To terminate the Election Assistance Commission, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2011

   Mr. Harper (for himself, Mr. Daniel E. Lungren of California, Mr. 
  Gingrey of Georgia, and Mr. Rokita) introduced the following bill; 
  which was referred to the Committee on House Administration, and in 
  addition to the Committee on Science, Space, and Technology, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To terminate 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. TERMINATION OF ELECTION ASSISTANCE COMMISSION.

    (a) Termination.--The Help America Vote Act of 2002 (42 U.S.C. 
15301 et seq.) is amended by adding at the end the following new title:

                  ``TITLE X--TERMINATION OF COMMISSION

                       ``Subtitle A--Termination

``SEC. 1001. TERMINATION.

    ``Effective on the Commission termination date, the Commission 
(including the Election Assistance Commission Standards Board and the 
Election Assistance Commission Board of Advisors under part 2 of 
subtitle A of title II) is terminated and may not carry out any 
programs or activities.

``SEC. 1002. TRANSFER OF OPERATIONS TO OFFICE OF MANAGEMENT AND BUDGET 
              DURING TRANSITION.

    ``(a) In General.--The Director of the Office of Management and 
Budget shall, effective upon the Commission termination date--
            ``(1) perform the functions of the Commission with respect 
        to contracts and agreements described in subsection 1003(a) 
        until the expiration of such contracts and agreements, but 
        shall not renew any such contract or agreement; and
            ``(2) shall take the necessary steps to wind up the affairs 
        of the Commission.
    ``(b) Exception for Functions Transferred to Other Agencies.--
Subsection (a) does not apply with respect to any functions of the 
Commission that are transferred under subtitle B.

``SEC. 1003. SAVINGS PROVISIONS.

    ``(a) Prior Contracts.--The termination of the Commission under 
this subtitle shall not affect any contract that has been entered into 
by the Commission before the Commission termination date. All such 
contracts shall continue in effect until modified, superseded, 
terminated, set aside, or revoked in accordance with law by an 
authorized Federal official, a court of competent jurisdiction, or 
operation of law.
    ``(b) Obligations of Recipients of Payments.--The termination of 
the Commission under this subtitle shall not affect the authority of 
any recipient of a payment made by the Commission under this Act prior 
to the Commission termination date to use any portion of the grant or 
payment that remains unobligated as of the Commission termination date, 
and the terms and conditions that applied to the use of the payment at 
the time the payment was made shall continue to apply.
    ``(c) Pending Proceedings.--
            ``(1) No effect on pending proceedings.--The termination of 
        the Commission under this subtitle shall not affect any 
        proceeding to which the Commission is a party that is pending 
        on such date, including any suit to which the Commission is a 
        party that is commenced prior to such date, and the applicable 
        official shall be substituted or added as a party to the 
        proceeding.
            ``(2) Treatment of orders.--In the case of a proceeding 
        described in paragraph (1), an order may be issued, an appeal 
        may be taken, judgments may be rendered, and payments may be 
        made as if the Commission had not been terminated. Any such 
        order shall continue in effect until modified, terminated, 
        superseded, or revoked by an authorized Federal official, a 
        court of competent jurisdiction, or operation of law.
            ``(3) Construction relating to discontinuance or 
        modification.--Nothing in this subsection shall be deemed to 
        prohibit the discontinuance or modification of any proceeding 
        described in paragraph (1) under the same terms and conditions 
        and to the same extent that such proceeding could have been 
        discontinued or modified if the Commission had not been 
        terminated.
            ``(4) Regulations for transfer of proceedings.--The 
        Director of the Office of Management and Budget may issue 
        regulations providing for the orderly transfer of proceedings 
        described in paragraph (1).
    ``(d) Judicial Review.--Orders and actions of the applicable 
official in the exercise of functions of the Commission shall be 
subject to judicial review to the same extent and in the same manner as 
if such orders and actions had been issued or taken by the Commission. 
Any requirements relating to notice, hearings, action upon the record, 
or administrative review that apply to any function of the Commission 
shall apply to the exercise of such function by the applicable 
official.
    ``(e) Applicable Official Defined.--In this section, the 
`applicable official' means, with respect to any proceeding, order, or 
action--
            ``(1) the Director of the Office of Management and Budget, 
        to the extent that the proceeding, order, or action relates to 
        functions performed by the Director of the Office of Management 
        and Budget under section 1002; or
            ``(2) the head of the office to which a function is 
        transferred under subtitle B, to the extent that the 
        proceeding, order, or action relates to such a function.

``SEC. 1004. COMMISSION TERMINATION DATE.

    ``The `Commission termination date' is the first date following the 
expiration of the 60-day period that begins on the date of the 
enactment of this subtitle.

             ``Subtitle B--Transfer of Certain Authorities

``SEC. 1011. TESTING AND CERTIFICATION OF VOTING SYSTEM HARDWARE AND 
              SOFTWARE.

    ``(a) Transfer to National Institute of Standards and Technology.--
There are transferred to the National Institute of Standards and 
Technology all functions that the Office of Voting System Testing and 
Certification of the Commission (hereafter in this section referred to 
as the `Office') exercised under subtitle B of title II before the date 
of enactment of this title.
    ``(b) Transfer of Property, Records, and Personnel.--
            ``(1) Property and records.--The contracts, liabilities, 
        records, property, appropriations, and other assets and 
        interests of the Office, together with the unexpended balances 
        of any appropriations or other funds available to the Office, 
        are transferred and made available to the National Institute of 
        Standards and Technology.
            ``(2) Personnel.--
                    ``(A) In general.--The personnel of the Office are 
                transferred to the National Institute of Standards and 
                Technology, except that the number of full-time 
                equivalent personnel so transferred may not exceed the 
                number of full-time equivalent personnel of the Office 
                as of January 1, 2011.
                    ``(B) Treatment of employees at time of transfer.--
                An individual who is an employee of the Office who is 
                transferred under this section shall not be separated 
                or reduced in grade or compensation because of the 
                transfer during the 1-year period that begins on the 
                date of the transfer.

``SEC. 1012. TRANSFER OF ELECTION ADMINISTRATION FUNCTIONS TO FEDERAL 
              ELECTION COMMISSION.

    ``There are transferred to the Federal Election Commission 
(hereafter in this section referred to as the `FEC') the following 
functions of the Commission:
            ``(1) The adoption of voluntary voting system guidelines, 
        in accordance with the requirements for notice and comment 
        described in section 222(a) (but without regard to any 
        requirements of section 222 that relate to the Technical 
        Guidelines Development Committee, the Board of Advisors, or the 
        Standards Board).
            ``(2) The maintenance of a clearinghouse of information on 
        the experiences of State and local governments in implementing 
        voluntary voting system guidelines and in operating voting 
        systems in general.
            ``(3) The development of a standardized format for reports 
        submitted by States under section 102(c) of the Uniformed and 
        Overseas Citizens Absentee Voting Act, and the making of such 
        format available to States and units of local government 
        submitting such reports.
            ``(4) Any functions transferred to the Commission under 
        section 801 (relating to functions of the former Office of 
        Election Administration of the FEC).
            ``(5) Any functions transferred to the Commission under 
        section 802 (relating to functions described in section 9(a) of 
        the National Voter Registration Act of 1993).
            ``(6) Any functions of the Commission under section 1604(a) 
        of the National Defense Authorization Act for Fiscal Year 2002 
        (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1977ff note) 
        (relating to establishing guidelines and providing technical 
        assistance with respect to electronic voting demonstration 
        projects of the Secretary of Defense).
            ``(7) Any functions of the Commission under section 
        589(e)(1) of the Military and Overseas Voter Empowerment Act 
        (42 U.S.C. 1973ff-7(e)(1)) (relating to providing technical 
        assistance with respect to technology pilot programs for the 
        benefit of absent uniformed services voters and overseas 
        voters).

``SEC. 1013. EFFECTIVE DATE.

    ``The transfers under this subtitle shall take effect on the 
Commission termination date described in section 1004.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end the following:

                  ``TITLE X--TERMINATION OF COMMISSION

                       ``Subtitle A--Termination

``Sec. 1001. Termination.
``Sec. 1002. Transfer of operations to Office of Management and Budget 
                            during transition.
``Sec. 1003. Savings provisions.
``Sec. 1004. Commission termination date.
             ``Subtitle B--Transfer of Certain Authorities

``Sec. 1011. Testing and certification of voting system hardware and 
                            software.
``Sec. 1012. Transfer of election administration functions to Federal 
                            Election Commission.
``Sec. 1013. Effective date.''.

SEC. 2. CONFORMING AMENDMENTS RELATING TO FUNCTIONS TRANSFERRED TO 
              NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.

    (a) In General.--Section 231 of the Help America Vote Act of 2002 
(42 U.S.C. 15371) is amended by adding at the end the following new 
subsection:
    ``(e) Transfer of Authority to National Institute of Standards and 
Technology.--
            ``(1) Transfer.--Effective on the Commission termination 
        date described in section 1004, the Director of the National 
        Institute of Standards and Technology shall be responsible 
        for--
                    ``(A) providing for the testing, certification, 
                decertification, and recertification of voting system 
                hardware and software by accredited laboratories;
                    ``(B) the accreditation of laboratories for 
                purposes of the activities described in subparagraph 
                (A); and
                    ``(C) carrying out any other authorities that were 
                the responsibility of the Commission under this 
                subtitle prior to such date.
            ``(2) Authorization to enter into private contracts to 
        carry out functions.--Subject to applicable laws, the Director 
        may enter into contracts with private entities to carry out any 
        of the authorities that are the responsibility of the Director 
        under paragraph (1).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the Commission termination date described in section 1004 of 
the Help America Vote Act of 2002 (as added by section 1(a)).

SEC. 3. CONFORMING AMENDMENTS RELATING TO FUNCTIONS TRANSFERRED TO 
              FEDERAL ELECTION COMMISSION.

    (a) Inclusion in Duties of Commission.--
            (1) In general.--Section 311(a) of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(10) provide for the adoption of voluntary voting system 
        guidelines;
            ``(11) maintain a clearinghouse of information on the 
        experiences of State and local governments in implementing 
        voluntary voting system guidelines and in operating voting 
        systems in general;
            ``(12) carry out the duties described in section 9(a) of 
        the National Voter Registration Act of 1993;
            ``(13) develop a standardized format for reports submitted 
        by States under section 102(c) of the Uniformed and Overseas 
        Citizens Absentee Voting Act, make such format available to 
        States and units of local government submitting such reports, 
        and receive such reports in accordance with section 102(c) of 
        such Act;
            ``(14) carry out the duties described in section 1604(a)(2) 
        of the National Defense Authorization Act for Fiscal Year 2002 
        (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1977ff note); 
        and
            ``(15) carry out the duties described in section 589(e)(1) 
        of the Military and Overseas Voter Empowerment Act (42 U.S.C. 
        1973ff-7(e)(1)).''.
            (2) Authorization to enter into private contracts to carry 
        out functions.--Section 311 of such Act (2 U.S.C. 438) is 
        amended by adding at the end the following new subsection:
    ``(g) Subject to applicable laws, the Commission may enter into 
contracts with private entities to carry out any of the authorities 
that are the responsibility of the Commission under paragraphs (10) 
through (15) of subsection (a).''.
    (b) Termination of Technical Guidelines Development Committee.--
Section 221 of the Help America Vote Act of 2002 (42 U.S.C. 15361) is 
amended by adding at the end the following new subsection:
    ``(g) Termination.--Effective on the Commission termination date 
described in section 1004, the Development Committee is terminated.''.
    (c) Conforming Amendment to National Voter Registration Act of 
1993.--Section 9(a) of the National Voter Registration Act of 1993 (42 
U.S.C. 1973gg-7(a)) is amended by striking ``Election Assistance 
Commission'' and inserting ``Federal Election Commission''.
    (d) Uniformed and Overseas Citizens Absentee Voting Act.--
            (1) Development of standards for state reports.--Section 
        101(b)(11) of the Uniformed and Overseas Citizens Absentee 
        Voting Act (42 U.S.C. 1973ff(b)(11)) is amended by striking 
        ``the Election Assistance Commission'' and inserting ``the 
        Federal Election Commission''.
            (2) Receipt of reports on number of absentee ballots 
        transmitted and received.--Section 102(c) of such Act (42 
        U.S.C. 1973ff-1(c)) is amended by striking ``the Election 
        Assistance Commission (established under the Help America Vote 
        Act of 2002)'' and inserting ``the Federal Election 
        Commission''.
    (e) Electronic Voting Demonstration Projects for Secretary of 
Defense.--Section 1604(a)(2) of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 
1977ff note) is amended by striking ``the Election Assistance 
Commission'' and inserting ``the Federal Election Commission''.
    (f) Technology Pilot Program for Absent Military and Overseas 
Voters.--Section 589(e)(1) of the Military and Overseas Voter 
Empowerment Act (42 U.S.C. 1973ff-7(e)(1)) is amended by striking 
``Election Assistance Commission'' and inserting ``Federal Election 
Commission''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the Commission termination date described in section 1004 of 
the Help America Vote Act of 2002 (as added by section 1(a)).

SEC. 4. CONFORMING AMENDMENTS RELATING TO TERMINATION.

    (a) Hatch Act.--Section 7323(b)(2)(B)(i)(I) of title 5, United 
States Code, is amended by striking ``or the Election Assistance 
Commission''.
    (b) Senior Executive Service.--Section 3132(a)(1)(C) of title 5, 
United States Code, is amended by striking ``or the Election Assistance 
Commission''.
    (c) Inspector General Act of 1978.--Section 8G(a)(2) of the 
Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking 
``the Election Assistance Commission,''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the Commission termination date described in section 1004 of 
the Help America Vote Act of 2002 (as added by section 1(a)).
                                 <all>