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

                                                  Union Calendar No. 55
112th CONGRESS
  1st Session
                                H. R. 672

                      [Report No. 112-100, Part 1]

    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

                              June 2, 2011

 Additional sponsors: Mr. Miller of Florida, Mr. Posey, Mr. Sullivan, 
  Mr. Gohmert, Mr. Fleming, Mr. Fincher, Mr. Benishek, Mr. Bishop of 
 Utah, Mr. Bartlett, Mr. Rigell, Mr. Campbell, Mr. Herger, Mr. Brooks, 
Mr. Harris, Mr. Thompson of Pennsylvania, Mr. Marchant, Mr. Nugent, Mr. 
               Westmoreland, and Mr. Coffman of Colorado

                              June 2, 2011

 Reported from the Committee on House Administration with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              June 2, 2011

  Committee on Science, Space, and Technology discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 11, 2011]


_______________________________________________________________________

                                 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. SHORT TITLE.

    This Act may be cited as the ``Election Support Consolidation and 
Efficiency Act''.

SEC. 2. 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.--
            ``(1) In general.--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 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.
            ``(2) Special rule for states receiving requirements 
        payments.--In the case of a requirements payment made to a 
        State under part 1 of subtitle D of title II, the terms and 
        conditions applicable to the use of the payment for purposes of 
        the State's obligations under this subsection (as well as any 
        obligations in effect prior to the termination of the 
        Commission under this subtitle), and for purposes of any 
        applicable requirements imposed by regulations promulgated by 
        the Director of the Office of Management and Budget, shall be 
        the general terms and conditions applicable under Federal law, 
        rules, and regulations to payments made by the Federal 
        government to a State, except that to the extent that such 
        general terms and conditions are inconsistent with the terms 
        and conditions that are specified under part 1 of subtitle D of 
        title II or section 902, the terms and conditions specified 
        under such part and such section shall 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 Federal Election Commission, to the extent that 
        the proceeding, order, or action relates to a function 
        transferred under subtitle B.

``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. 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 part 3 of subtitle A of title II.
            ``(2) The testing, certification, decertification, and 
        recertification of voting system hardware and software by 
        accredited laboratories, in accordance with subtitle B of title 
        II.
            ``(3) 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.
            ``(4) 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, in accordance with section 703(b).
            ``(5) Any functions transferred to the Commission under 
        section 801 (relating to functions of the former Office of 
        Election Administration of the FEC).
            ``(6) 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).
            ``(7) 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).
            ``(8) 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. 1012. 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. Transfer of election administration functions to Federal 
                            Election Commission.
``Sec. 1012. Effective date.''.

SEC. 3. REPLACEMENT OF STANDARDS BOARD AND BOARD OF ADVISORS WITH 
              GUIDELINES REVIEW BOARD.

    (a) Replacement.--Part 2 of subtitle A of title II of the Help 
America Vote Act of 2002 (42 U.S.C. 15341 et seq.) is amended to read 
as follows:

                   ``PART 2--GUIDELINES REVIEW BOARD

``SEC. 211. ESTABLISHMENT.

    ``There is established the Guidelines Review Board (hereafter in 
this part referred to as the `Board').

``SEC. 212. DUTIES.

    ``The Board shall, in accordance with the procedures described in 
part 3, review the voluntary voting system guidelines under such part.

``SEC. 213. MEMBERSHIP.

    ``(a) In General.--The Board shall be composed of 82 members 
appointed as follows:
            ``(1) One State or local election official from each State, 
        to be selected by the chief State election official of the 
        State, who shall take into account the needs of both State and 
        local election officials in making the selection.
            ``(2) 2 members appointed by the National Conference of 
        State Legislatures.
            ``(3) 2 members appointed by the National Association of 
        Secretaries of State.
            ``(4) 2 members appointed by the National Association of 
        State Election Directors.
            ``(5) 2 members appointed by the National Association of 
        County Recorders, Election Administrators, and Clerks.
            ``(6) 2 members appointed by the Election Center.
            ``(7) 2 members appointed by the International Association 
        of County Recorders, Election Officials, and Treasurers.
            ``(8) 2 members appointed by the United States Commission 
        on Civil Rights.
            ``(9) 2 members appointed by the Architectural and 
        Transportation Barrier Compliance Board under section 502 of 
        the Rehabilitation Act of 1973 (29 U.S.C. 792).
            ``(10) The chief of the Voting Section of the Civil Rights 
        Division of the Department of Justice or the chief's designee.
            ``(11) The director of the Federal Voting Assistance 
        Program of the Department of Defense.
            ``(12) The Director of the National Institute of Standards 
        and Technology or the Director's designee.
            ``(13) 4 members representing professionals in the field of 
        science and technology, of whom--
                    ``(A) one each shall be appointed by the Speaker 
                and the Minority Leader of the House of 
                Representatives; and
                    ``(B) one each shall be appointed by the Majority 
                Leader and the Minority Leader of the Senate.
            ``(14) 4 members representing voter interests, of whom--
                    ``(A) one each shall be appointed by the chair and 
                ranking minority member of the Committee on House 
                Administration of the House of Representatives; and
                    ``(B) one each shall be appointed by the chair and 
                ranking minority member of the Committee on Rules and 
                Administration of the Senate.
    ``(b) Manner of Appointments.--
            ``(1) In general.--Appointments shall be made to the Board 
        under subsection (a) in a manner which ensures that the Board 
        will be bipartisan in nature and will reflect the various 
        geographic regions of the United States.
            ``(2) Special rule for certain appointments.--The 2 
        individuals who are appointed as members of the Board under 
        each of the paragraphs (2) through (9) of subsection (a) may 
        not be members of the same political party.
    ``(c) Term of Service; Vacancy.--Members of the Board shall serve 
for a term of 2 years, and may be reappointed. Any vacancy in the Board 
shall be filled in the manner in which the original appointment was 
made.
    ``(d) Executive Board.--
            ``(1) In general.--Not later than 60 days after the day on 
        which the appointment of its members is completed, the Board 
        shall select 9 of its members to serve as the Executive Board 
        of the Guidelines Review Board, of whom--
                    ``(A) not more than 5 may be State election 
                officials;
                    ``(B) not more than 5 may be local election 
                officials; and
                    ``(C) not more than 5 may be members of the same 
                political party.
            ``(2) Terms.--Except as provided in paragraph (3), members 
        of the Executive Board of the Board shall serve for a term of 2 
        years and may not serve for more than 3 consecutive terms.
            ``(3) Staggering of initial terms.--Of the members first 
        selected to serve on the Executive Board of the Board--
                    ``(A) 3 shall serve for 1 term;
                    ``(B) 3 shall serve for 2 consecutive terms; and
                    ``(C) 3 shall serve for 3 consecutive terms,
        as determined by lot at the time the members are first 
        appointed.
            ``(4) Duties.--The Executive Board of the Board shall carry 
        out such duties of the Board as the Board may delegate.
    ``(e) Bylaws; Delegation of Authority.--The Board may promulgate 
such bylaws as it considers appropriate to provide for the operation of 
the Board, including bylaws that permit the Executive Board to grant to 
any of its members the authority to act on behalf of the Executive 
Board.

``SEC. 214. POWERS; NO COMPENSATION FOR SERVICE.

    ``(a) Hearings and Sessions.--
            ``(1) In general.--To the extent that funds are made 
        available by the Federal Election Commission, the Board may 
        hold such hearings for the purpose of carrying out this Act, 
        sit and act at such times and places, take such testimony, and 
        receive such evidence as the Board considers advisable to carry 
        out this title, except that the Board may not issue subpoenas 
        requiring the attendance and testimony of witnesses or the 
        production of any evidence.
            ``(2) Meetings.--The Board shall hold a meeting of its 
        members--
                    ``(A) not less frequently than once every 2 years 
                for purposes selecting the Executive Board and voting 
                on the voluntary voting system guidelines referred to 
                it under section 222; and
                    ``(B) at such other times as it considers 
                appropriate for purposes of conducting such other 
                business as it considers appropriate consistent with 
                this title.
    ``(b) Information From Federal Agencies.--The Board may secure 
directly from any Federal department or agency such information as the 
Board considers necessary to carry out this Act. Upon request of the 
Executive Board, the head of such department or agency shall furnish 
such information to the Board.
    ``(c) Postal Services.--The Board may use the United States mails 
in the same manner and under the same conditions as a department or 
agency of the Federal Government.
    ``(d) Administrative Support Services.--Upon the request of the 
Executive Board, the Administrator of the General Services 
Administration shall provide to the Board, on a reimbursable basis, the 
administrative support services that are necessary to enable the Board 
to carry out its duties under this title.
    ``(e) No Compensation for Service.--Members of the Board shall not 
receive any compensation for their service, but shall be paid travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Board.

``SEC. 215. STATUS OF BOARD AND MEMBERS FOR PURPOSES OF CLAIMS AGAINST 
              BOARD.

    ``(a) In General.--The provisions of chapters 161 and 171 of title 
28, United States Code, shall apply with respect to the liability of 
the Board and its members for acts or omissions performed pursuant to 
and in the course of the duties and responsibilities of the Board.
    ``(b) Exception for Criminal Acts and Other Willful Conduct.--
Subsection (a) may not be construed to limit personal liability for 
criminal acts or omissions, willful or malicious misconduct, acts or 
omissions for private gain, or any other act or omission outside the 
scope of the service of a member of the Board.''.
    (b) Conforming Amendments.--
            (1) Membership on technical guidelines development 
        committee.--Section 221(c)(1) of such Act (42 U.S.C. 
        15361(c)(1)) is amended--
                    (A) in subparagraph (A), by striking clauses (i) 
                and (ii) and inserting the following:
                            ``(i) Members of the Guidelines Review 
                        Board.'';
                    (B) by redesignating clause (iii) of subparagraph 
                (A) as clause (ii); and
                    (C) in subparagraph (D), by striking ``Standards 
                Board or Board of Advisors'' and inserting ``Guidelines 
                Review Board''.
            (2) Consideration of proposed guidelines.--Section 222(b) 
        of such Act (42 U.S.C. 15362(b)) is amended--
                    (A) in the heading, by striking ``Board of Advisors 
                and Standards Board'' and inserting ``Guidelines Review 
                Board''; and
                    (B) by striking paragraphs (2) and (3) and 
                inserting the following:
            ``(2) Guidelines review board.--The Executive Director of 
        the Commission shall submit the guidelines proposed to be 
        adopted under this part (or any modifications to such 
        guidelines) to the Guidelines Review Board.''.
            (3) Review of proposed guidelines.--Section 222(c) of such 
        Act (42 U.S.C. 15362(c)) is amended by striking ``the Board of 
        Advisors and the Standards Board shall each review'' and 
        inserting ``the Guidelines Review Board shall review''.
            (4) Final adoption of proposed guidelines.--Section 222(d) 
        of such Act (42 U.S.C. 15362(d)) is amended by striking ``the 
        Board of Advisors and the Standards Board'' each place it 
        appears in paragraphs (1) and (2) and inserting ``the 
        Guidelines Review Board''.
            (5) Assistance with nist review of testing laboratories.--
        Section 231(c)(1) of such Act (42 U.S.C. 15371(c)(1)) is 
        amended by striking ``the Standards Board and the Board of 
        Advisors'' and inserting ``the Guidelines Review Board''.
            (6) Assisting fec with development of standardized format 
        for reports on absentee ballots of absent uniformed services 
        and overseas voters.--Section 703(b) of such Act (42 U.S.C. 
        1973ff-1 note) is amended by striking ``the Election Assistance 
        Commission Board of Advisors and the Election Assistance 
        Commission Standards Board'' and inserting ``the Guidelines 
        Review Board''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by amending the item relating to part 2 of subtitle A of title 
II to read as follows:

                   ``Part 2--Guidelines Review Board

``Sec. 211. Establishment.
``Sec. 212. Duties.
``Sec. 213. Membership.
``Sec. 214. Powers; no compensation for service.
``Sec. 215. Status of Board and members for purposes of claims against 
                            Board.''.
    (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)).

SEC. 4. SPECIAL REQUIREMENTS RELATING TO TRANSFER OF CERTAIN 
              AUTHORITIES TO FEDERAL ELECTION COMMISSION.

    (a) Development and Adoption of Voluntary Voting System 
Guidelines.--
            (1) In general.--Part 3 of subtitle A of title II of the 
        Help America Vote Act of 2002 (42 U.S.C. 15361 et seq.) is 
        amended by adding at the end the following new section:

``SEC. 223. TRANSFER OF AUTHORITY TO FEDERAL ELECTION COMMISSION.

    ``(a) Transfer.--Effective on the Commission termination date 
described in section 1004, the Federal Election Commission (hereafter 
in this section referred to as the `FEC') shall be responsible for 
carrying out the duties and functions of the Commission under this 
part.
    ``(b) Role of Executive Director.--The FEC shall carry out the 
operation and management of its duties and functions under this part 
through the Office of the Executive Director of the FEC.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the item relating to part 3 
        of subtitle A of title II the following:

``Sec. 223. Transfer of authority to Federal Election Commission.''.
    (b) Testing, Certification, Decertification, and Recertification of 
Voting System Hardware and Software.--
            (1) In general.--Subtitle B of title II of such Act (42 
        U.S.C. 15371 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 232. TRANSFER OF AUTHORITY TO FEDERAL ELECTION COMMISSION.

    ``(a) Transfer.--
            ``(1) In general.--Effective on the Commission termination 
        date described in section 1004, the Federal Election Commission 
        (hereafter in this section referred to as the `FEC') shall be 
        responsible for carrying out the duties and functions of the 
        Commission under this subtitle.
            ``(2) Role of executive director.--The FEC shall carry out 
        the operation and management of its duties and functions under 
        this subtitle through the Office of the Executive Director of 
        the FEC.
    ``(b) Transfer of Office of Voting System Testing and 
Certification.--
            ``(1) In general.--There are transferred to the FEC 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 this subtitle 
        before the Commission termination date.
            ``(2) Transfer of property, records, and personnel.--
                    ``(A) 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 FEC.
                    ``(B) Personnel.--
                            ``(i) In general.--The personnel of the 
                        Office are transferred to the FEC, 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.
                            ``(ii) 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.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to 
        subtitle B of title II the following:

``Sec. 232. Transfer of authority to Federal Election Commission.''.
    (c) Development of Standardized Format for Reports on Absentee 
Balloting by Absent Uniformed Services Voters and Overseas Voters.--
Section 703(b) of such Act (42 U.S.C. 1973ff-1 note) is amended by 
adding at the end the following: ``Effective on the Commission 
termination date described in section 1004, the Federal Election 
Commission shall be responsible for carrying out the duties and 
functions of the Commission under this subsection.''.

SEC. 5. CONFORMING AMENDMENTS TO OTHER LAWS.

    (a) Federal Election Campaign Act of 1971.--
            (1) Duties of fec.--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, in accordance with part 3 of subtitle A of title II 
        of the Help America Vote Act of 2002 (42 U.S.C. 15361 et seq.);
            ``(11) provide for the testing, certification, 
        decertification, and recertification of voting system hardware 
        and software by accredited laboratories, in accordance with 
        subtitle B of title II of the Help America Vote Act of 2002 (42 
        U.S.C. 15371 et seq.);
            ``(12) 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;
            ``(13) carry out the duties described in section 9(a) of 
        the National Voter Registration Act of 1993;
            ``(14) 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, in accordance with section 703(b) of the Help America 
        Vote Act of 2002;
            ``(15) 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
            ``(16) 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 (16) of subsection (a).''.
            (3) Limitation on authority to impose requirements on 
        states and units of local government.--Section 311 of such Act 
        (2 U.S.C. 438), as amended by paragraph (2), is further amended 
        by adding at the end the following new subsection:
    ``(h) Nothing in paragraphs (10) through (16) of subsection (a) or 
any other provision of this Act shall be construed to grant the 
Commission the authority to issue any rule, promulgate any regulation, 
or take any other actions that imposes any requirement on any State or 
unit of local government, except to the extent that the Commission had 
such authority prior to the enactment of this subsection or to the 
extent permitted under section 9(a) of the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg-7(a)).''.
    (b) 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''.
    (c) 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''.
    (d) 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''.
    (e) 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''.
    (f) 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. 6. OTHER 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)).

SEC. 7. STUDIES.

    (a) Procedures for Adoption and Modification of Voluntary Voting 
System Guidelines.--
            (1) Study.--The Comptroller General shall conduct a study 
        of the procedures used to adopt and modify the voluntary voting 
        system guidelines applicable to the administration of elections 
        for Federal office, and shall develop recommendations on 
        methods to improve such procedures, taking into account the 
        needs of persons affected by such guidelines, including State 
        and local election officials, voters with disabilities, absent 
        military and overseas voters, and the manufacturers of voting 
        systems.
            (2) Report.--Not later than 2 years after the date of the 
        enactment of this Act, the Comptroller General shall submit a 
        report to Congress on the study conducted under paragraph (1), 
        and shall include in the report the recommendations developed 
        under such paragraph.
    (b) Procedures for Voting System Testing and Certification.--
            (1) Study.--The Federal Election Commission shall conduct a 
        study of the procedures for the testing, certification, 
        decertification, and recertification of voting system hardware 
        and software used in elections for Federal office, and shall 
        develop a recommendation on the entity that is best suited to 
        oversee and carry out such procedures, taking into 
        consideration the needs of persons affected by such procedures, 
        including State and local election officials, voters with 
        disabilities, absent military and overseas voters, and the 
        manufacturers of voting systems.
            (2) Report.--Not later than 2 years after the date of the 
        enactment of this Act, the Federal Election Commission shall 
        submit a report to Congress on the study conducted under 
        paragraph (1), and shall include in the report the 
        recommendation developed under such paragraph.
                                                  Union Calendar No. 55

112th CONGRESS

  1st Session

                               H. R. 672

                      [Report No. 112-100, Part 1]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 2, 2011

 Reported from the Committee on House Administration with an amendment

                              June 2, 2011

  Committee on Science, Space, and Technology discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed