[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1994 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1994

            To terminate the Election Assistance Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2013

  Mr. Harper introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
            To terminate the Election Assistance Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Election 
Assistance Commission Termination Act''.
    (b) Findings.--Congress finds the following:
            (1) The Help America Vote Act of 2002 (HAVA) authorized 
        annual appropriations of not more than $10,000,000 for the 
        Election Assistance Commission (EAC) for fiscal years 2003, 
        2004, and 2005. Funding for additional years has not been 
        authorized, and in fiscal year 2011 the EAC's budget grew to 
        nearly $18,000,000.
            (2) Between 2007 and 2011, the number of staff at the EAC 
        grew from 26 to 48 without an increase in statutory 
        responsibility.
            (3) 55 percent of the EAC's fiscal year 2014 budget request 
        is devoted to management costs, the third consecutive year for 
        which management costs have exceeded one-half of the EAC's 
        budget.
            (4) The EAC has distributed more than $3.2 billion in 
        election reform grants to the States. The most recent year for 
        which appropriations for these grants were enacted or were 
        requested in the President's annual budget was fiscal year 
        2010.
            (5) The EAC last issued voluntary voting system guidelines 
        in 2005. A total of 11 voting systems currently hold a 
        certification from the EAC.
            (6) The research division of the EAC has substantially 
        completed the reports required by HAVA.
            (7) The National Association of Secretaries of State 
        adopted resolutions calling for the dissolution of the EAC in 
        2005 and 2010.
            (8) The EAC has not had a quorum of commissioners since 
        December 2010, and has not had any commissioners since December 
        2011. The EAC has not had an Executive Director since December 
        2011, and has not had a General Counsel since May 2012.
            (9) The existence of the EAC is not necessary to the 
        conduct of Federal elections and is an unnecessary expenditure 
        of taxpayer funds. Any functions of the EAC worth continuing 
        can be performed by other government entities, consortia of 
        government entities, or private associations.

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

``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. OFFICE OF MANAGEMENT AND BUDGET TO PERFORM TRANSITION 
              FUNCTIONS.

    ``Except as provided in section 1004, 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) take the necessary steps to wind up the affairs of 
        the Commission.

``SEC. 1003. SAVINGS PROVISIONS.

    ``(a) Prior Contracts.--The termination of the Commission under 
this title 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 title 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 title shall not affect any proceeding 
        to which the Commission is a party that is pending on the 
        Commission termination date, including any suit to which the 
        Commission is a party that is commenced prior to such date, and 
        the Director of the Office of Management and Budget 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 Director of the 
Office of Management and Budget in the exercise of functions of the 
Commission under section 1002 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 Director.

``SEC. 1004. RETURN TO FEDERAL ELECTION COMMISSION OF AUTHORITY TO 
              CARRY OUT CERTAIN FUNCTIONS UNDER NATIONAL VOTER 
              REGISTRATION ACT OF 1993.

    ``Effective on the Commission termination date, there are 
transferred to the Federal Election Commission any functions 
transferred to the Election Assistance Commission under section 802 
(relating to functions described in section 9(a) of the National Voter 
Registration Act of 1993).

``SEC. 1005. 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 title.''.
    (b) Termination of Technical Guidelines Development Committee.--
Section 221 of such Act (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 1005, the Development Committee is terminated.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end the following:

                  ``TITLE X--TERMINATION OF COMMISSION

``Sec. 1001. Termination.
``Sec. 1002. Office of Management and Budget to perform transition 
                            functions.
``Sec. 1003. Savings provisions.
``Sec. 1004. Return to Federal Election Commission of authority to 
                            carry out certain functions under National 
                            Voter Registration Act of 1993.
``Sec. 1005. Commission termination date.''.

SEC. 3. CONFORMING AMENDMENTS RELATING TO RETURN OF CERTAIN AUTHORITY 
              TO FEDERAL ELECTION COMMISSION.

    (a) Federal Election Campaign Act of 1971.--Section 311(a) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraph:
            ``(10) carry out the duties described in section 9(a) of 
        the National Voter Registration Act of 1993.''.
    (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) Effective Date.--The amendments made by this section shall take 
effect on the Commission termination date described in section 1005 of 
the Help America Vote Act of 2002 (as added by section 2(a)).
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