H. Rept. 112-100 - 112th Congress (2011-2012)
June 02, 2011, As Reported by the House Administration Committee

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House Report 112-100 - ELECTION SUPPORT CONSOLIDATION AND EFFICIENCY ACT




[House Report 112-100]
[From the U.S. Government Printing Office]


112th Congress                                            Rept. 112-100
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
           ELECTION SUPPORT CONSOLIDATION AND EFFICIENCY ACT
                                _______
                                

  June 2, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Daniel E. Lungren of California, from the Committee on House 
                Administration, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 672]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 672) to terminate the Election Assistance 
Commission, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                  Background and Need for Legislation


                              Introduction

    Congress established the Election Assistance Commission 
(EAC) as part of the Help America Vote Act of 2002 (HAVA). HAVA 
allocated large sums of federal money to states to replace 
punch card and lever voting systems and to develop statewide 
voter registration databases. The administration of these 
payments to states was a principal function of the EAC. In 
addition, the EAC was established to operate a federal voting 
system testing and certification program, maintain a 
clearinghouse of election administration information, and 
perform a series of research studies mandated by HAVA.
    Today, the flow of election administration funds to states 
from the federal government has ended. The EAC has completed 
its HAVA-required research (with one exception discussed 
below). Even with those programs, the EAC has overhead costs 
that exceed its budget for program administration. Without 
them, the EAC is a bureaucracy in search of a mission.
    Worse, it is a bureaucracy with a history of poor financial 
and managerial decisions and (apparently meritorious) claims of 
employment discrimination based on political viewpoint and 
military service. The EAC has repeatedly become mired in 
partisan controversies. The National Association of Secretaries 
of State has twice called on Congress to dissolve the EAC. The 
time has come to heed that call.

                        Organization of the EAC

    The EAC was established with four full-time commissioners 
appointed by the President and confirmed by the Senate. HAVA 
directs that one commissioner be appointed at the 
recommendation of each of the Speaker of the House, House 
Minority Leader, Majority Leader of the Senate, and Minority 
Leader of the Senate. HAVA also established the positions of 
executive director and general counsel, each appointed by the 
commissioners. All other staff positions are established and 
hired at the discretion of the executive director.
    HAVA authorized appropriations for the EAC of up to $10 
million in each of the years 2003, 2004 and 2005. No 
appropriations were authorized for years after 2005. For 
budgetary purposes, the EAC is divided into the following 
departments: Management, Testing and Certification, 
Communications, Grants and Research. The agency also has an 
inspector general.
    HAVA requires that any action the EAC is authorized to 
carry out under the Act must have the approval of at least 
three commissioners. In 2008, the EAC adopted--without a public 
vote--a policy establishing the roles and responsibilities of 
commissioners and staff. The policy limits the commissioners' 
authority to setting strategic policy, hiring of statutory 
positions and adoption of certain formal reports. The executive 
director's authority includes presentation of policy decisions 
to the commissioners, staffing levels and hiring decisions and 
all operational matters. Since the adoption of the policy, 
disputes have arisen regarding whether the agency could perform 
certain tasks, such as awarding competitive grants and 
submitting a budget request to Congress, without a vote of the 
commissioners.

                          Budget and Staffing

    Notwithstanding the authorized limit of $10 million per 
year, in FY 2010 the EAC's budget was $17.959 million (this was 
the most recent full-year enacted appropriation). The agency's 
requested budget for FY 2012 is $13.715 million. Of this, $3.25 
million is transferred to NIST for technical and scientific 
support of the testing and certification program and $10.465 
million is for operation of the agency (the comparable amount 
for FY 2010 was $13.409 million). The budget request the agency 
submitted to Congress breaks the operating budget request into 
the following amounts:

Management--51.7%.......................................      $5,406,718
Grants--3.6%............................................         372,500
Research--10.9%.........................................       1,137,025
Testing and Certification--12.5%........................       1,307,493
Communications--6.4%....................................         669,583
Inspector General--14.9%................................       1,562,346

    Adding up the budgets for the four program departments, 
they total $3,516,601. This means the agency has a management 
cost of $5.4 million for $3.5 million worth of programs. This 
is an unjustifiably inefficient organization by any measure.
    Through FY 2007, various appropriations acts limited the 
number of staff the EAC could hire. When that limit was 
removed, the staff grew quickly and steadily until it reached 
its current level of 50. This increase took place without any 
increase in the responsibilities assigned to the agency. When 
asked about the increase, EAC officials have testified to 
congressional committees that it was necessary to satisfy the 
administrative requirements of operating a federal agency. This 
only underscores the agency's inefficiency when overhead costs 
are weighed against program operations.
    Even though the agency's requested FY 2012 operating budget 
is 22% less than its enacted FY 2010 budget, the total staff 
level declines by only one person. The agency's staff has 
testified to a recognition the agency needs to become leaner, 
but its decision to maintain a full level of staff in the face 
of a large budget cut does not bear out that statement. 
According to information provided to the Committee by the EAC, 
the average annual salary of staff there exceeds $100,000.

                      The EAC's Role in Elections

    Since the enactment of HAVA, there have been three major 
contested elections that called into doubt the functioning of 
the election process: for Governor of the State of Washington 
in 2004, for the House of Representatives in the 13th District 
of Florida in 2006 and for the U.S. Senate in Minnesota in 
2008. Each resulted in a protracted dispute that was not 
resolved until months after the election, and each led to 
charges of system breakdowns in the election process and 
partisan manipulation by election officials. Neither HAVA nor 
the EAC prevented the problems uncovered in those elections, 
and the EAC had no role in resolving them.
    The EAC does not register voters, nor does it have any 
enforcement authority over laws governing voter registration. 
The EAC has no role in the casting or counting of ballots, or 
resolving election disputes. Election officials have direct 
functional connections to the EAC when they receive funds from 
it and when they seek to use voting systems certified by it. 
Other contact is informational, and the informational function 
does not need to be performed by the federal government.
    Likewise, voters have direct functional connections to the 
EAC only when they use the EAC's website to download the 
national voter registration form--which is available from other 
sources and can be made available on any government web site. 
Other contact between the EAC and voters is informational, and 
the information from the EAC is second-hand because the actual 
rules and procedures for elections are set by state and local 
jurisdictions.

                           EAC Program Areas


Grants

    In budgetary terms the EAC's largest responsibility by far 
was the disbursement of funds to states to replace voting 
systems and comply with HAVA requirements. To date the federal 
government has distributed over $3.1 billion to states for 
these purposes, nearly all of it before 2006. In each of its 
last three budget requests, for fiscal years 2010, 2011 and 
2012, the EAC has requested zero funding for these payments. 
Some funding was provided for FY 2010. The continuing 
resolution in place for the balance of FY 2011 reduced the 
amount to zero. In view of the request for zero funds and the 
status of the federal budget, it seems unlikely money will be 
appropriated in the foreseeable future for support of state 
election administration programs.
    During the time funds have been distributed to states, 
there has been a substantial dispute over their proper 
treatment. For voting system upgrades and compliance with HAVA 
mandates such as a statewide voter registration database, 
Congress in HAVA used the term ``payment'' and these amounts 
were distributed based on formulas. Other amounts were 
designated ``grants'' in HAVA and distributed using other 
criteria. The categorization of funds distributed to the states 
has a significant impact on the states because it determines 
the level of recordkeeping and audit response required. EAC 
made an administrative decision to impose the highest level of 
requirements on the states. States opposed this decision, and 
in 2009 the National Association of Secretaries of State 
adopted a resolution calling on the EAC to comply strictly with 
Congress' designation in HAVA of the funds as ``payments.''
    Some election officials have questioned this legislation 
because of the hardship their jurisdictions will suffer without 
continued federal funding. The lack of funding is not caused by 
the proposed termination of the EAC. Rather, the absence of 
funds to distribute is merely one more reason why operation of 
the EAC is an unnecessary and wasteful use of scarce taxpayer 
resources. With no funds left to distribute, there is no reason 
to retain the EAC to operate a department to disburse them.

Research

    HAVA required the EAC to perform five specified research 
studies: (1) facilitating military and overseas voting, (2) 
human factors in voting system design, (3) using Social 
Security numbers in voter registration, (4) electronic and 
Internet voting and (5) free or reduced postage for absentee 
ballots. Four of those studies have been completed.
    The fifth study, on the use of Social Security numbers in 
voter registration, is now some seven years overdue. It has 
been the subject of acerbic letters exchanged between the EAC 
and the Social Security Administration (SSA). The two agencies 
seem unable to agree on their roles in the study. While HAVA 
assigned the study to the EAC and called for it to be completed 
in consultation with the SSA, the SSA has accused the EAC of 
trying to shift responsibility for the study onto the SSA. In 
the face of this dispute, it seems unlikely the final study 
will be completed in the foreseeable future.
    The EAC also produces documents called Election Management 
Guidelines and Quick Start Guides. The agency has completed all 
of these documents that it plans to produce. Even if they had 
not been completed, their value has been questioned in 
congressional testimony and elsewhere.
    With the required research effectively complete, and other 
materials likewise complete, there is no reason to retain the 
EAC to operate a research department. There is no Congressional 
mandate for further research, and any research conducted likely 
would be designed to justify the department's continued 
existence rather than to fulfill an important and uniquely 
federal need.

Testing and certification

    Prior to the enactment of HAVA, the National Association of 
State Election Directors operated a program to test and certify 
voting systems so that election officials purchasing such 
systems had some independent validation of their quality and 
performance. The Federal Election Commission also played a role 
in the process prior to the enactment of HAVA through the 
voting system standards it issued in 1990.
    HAVA created a federal program to perform this function in 
place of the association of state officials who operated it 
previously. The program involves four parts: developing the 
standards voting systems are required to meet in order to be 
certified (the Voluntary Voting System Guidelines, or VVSG), 
accrediting labs to test voting systems against those 
standards, conducting the tests, and certifying that systems 
satisfy the standards.
    To issue a VVSG, a Technical Guidelines Development 
Committee (TGDC) works with the EAC to develop the initial 
draft. The TGDC consists of 15 people, including 
representatives of NIST and the Access Board, election 
officials, and others with scientific and technical expertise. 
The draft VVSG is issued for comment, and is submitted to two 
boards. One is the EAC's Board of Advisors, consisting of 37 
individuals representing organizations or appointed by 
Congress. The other is the EAC's Standards Board, a 110-person 
body that includes two election officials from each state and 
territory. The Advisory Board and Standards Board review the 
VVSG and return comments to the EAC. The EAC then revises the 
VVSG, issues it again for public comment, and adopts it in its 
final form. The last fully-adopted VVSG is from 2005.
    The EAC accredits laboratories to test voting systems 
against the standards in the VVSG. Currently there are two EAC-
accredited testing labs. The decision to certify a lab is made 
by majority vote of the commissioners. Voting system 
manufacturers submit systems to the labs for testing, and the 
labs conduct the tests and report their findings.
    Based on the results of testing by accredited labs, the EAC 
may certify that a voting system meets the standards in the 
VVSG. This certification is made by staff and does not require 
action of the commissioners. The first certification of a 
voting system occurred on February 6, 2009, and since then six 
more have been certified.
    The reason the voting system guidelines are termed 
``voluntary'' is that states are not required to use the 
federal standards or certification when they purchase voting 
systems. The federal standards and certification are available 
for the states as an optional tool to assist them in purchasing 
reliable and trustworthy voting systems.
    Based on an EAC analysis in January, 2011, 35 states and 
territories make use of the federal standards and 
certification--some by requiring federal certification of the 
systems they purchase, some by requiring that systems be tested 
to federal standards in a federally-accredited lab and some by 
requiring testing to federal standards without specifying the 
type of lab that may conduct the tests. The other 20 states and 
territories make no use of the federal testing and 
certification program.
    It is an open question whether a federal testing and 
certification program using standards developed under the HAVA 
system is the best long-term process for supporting voting 
system quality. The reliance on the current system by 35 states 
and territories means that a rapid change could disrupt those 
states' ability to purchase voting systems. However, there are 
alternatives to maintaining the EAC to conduct the federal 
program. The operation of the testing and certification program 
does not justify operating a separate federal agency.

Communications

    Prior to the enactment of HAVA, the Federal Election 
Commission operated a clearing house of election administration 
information for state and local election officials. This 
clearinghouse has been absorbed into the EAC's web site. The 
design of the agency's web site has been recognized for its 
quality. However, the operation of a web site collecting data 
on election administration does not justify operating a 
separate federal agency.
    The communications department of the EAC performs other 
functions in addition to maintaining the clearinghouse. It 
handles congressional relations, FOIA and media relations. None 
of these functions is unique to the EAC and indeed all of them 
are effectively overhead of operating an agency.

                  Management and Partisan Controversy

    The EAC's mission does not warrant a stand-alone agency to 
perform it--especially when the grants and research portions of 
that mission are successfully completed. The overhead and 
administrative costs of maintaining an agency are too great to 
justify the continued expense. In addition, a series of 
incidents at the EAC have shown a pattern of questionable 
decision-making, poor financial choices and partisan 
controversy.

T-shirts

    In 2008, amidst growing concerns about workplace morale, 
the EAC purchased shirts to distribute to its then-39 
employees. The shirts were classified as an award for employees 
who worked an extended shift on Election Day. Because of an 
error in the purchase order, the agency purchased nearly three 
times the intended number of shirts--a total of 458, consisting 
of 378 short-sleeved polo shirts in three colors, 40 long-
sleeved polo shirts, and 40 zip-hooded sweatshirts. The total 
cost was $6,976.50. Each employee received five shirts, one of 
each type/color. The value of the shirts given to each employee 
was approximately $81. After the shirts were distributed, there 
were 263 left in inventory, worth $3,817.50.

Retaliation and hostile work environment

    The EAC's 2008 employee survey found that 32% of the 
responding employees felt they could not report a violation of 
law without fear of retaliation. Because of the survey results 
and multiple reports to the Inspector General of a hostile work 
environment and retaliatory actions by management, the EAC's 
Inspector General conducted an investigation into the agency's 
workplace environment.
    In response, the EAC commissioned an outside firm, C.W. 
Hines ` Associates, to examine the agency and recommend 
changes. The Hines group designed a teambuilding program for 
the EAC that involved interviews with staff, focus groups and a 
teambuilding retreat. The report produced by the Hines group 
began by lauding the EAC's executive director as ``indeed a man 
of both courage and vision.'' The report concluded that 
problems with the agency rested with a handful of people who 
were not team players. The recommendations included creating a 
``Work Environment Improvement'' team and scheduling 
``forgiveness sessions'' to address lingering resentments. The 
EAC paid the Hines Group $77,674 for its work.
    After the IG's workplace environment investigation and the 
completion of the teambuilding contract, another incident 
occurred at the EAC's 2010 holiday party. During a gift 
exchange, one employee proffered an inappropriate, sexually-
themed gift. A member of the agency's senior management 
received the gift and allowed it to continue to be included in 
the gift exchange and transferred to other employees. Following 
a complaint, the Inspector General looked into this event and 
recommended additional EEO training.

Accusations of politicized decisions

    On at least two occasions the EAC has been involved in 
highly-publicized events involving claims the agency based 
decisions on political considerations. In 2004, the citizens of 
Arizona approved a ballot proposition requiring applicants for 
voter registration to show proof of U.S. citizenship in order 
to be registered. Arizona asked the EAC to change the 
instruction on the national voter registration form 
administered by the EAC to reflect the change in Arizona law. 
First the EAC's executive director, acting without a vote by 
the commissioners, wrote to Arizona's Secretary of State that 
federal law pre-empted state law on the matter and the state 
was obligated to accept a federal form for voter registration 
even if it did not include the documentation of citizenship 
required by Arizona law. The commissioners subsequently 
deadlocked on a motion to change the form. That motion failed 
on a 2-2 vote, with Republican commissioners voting one way and 
Democratic commissioners voting the other.
    The EAC hired two contractors to prepare a report on voter 
fraud. The contractors submitted a draft report to the agency. 
The agency's final report differed in several respects from the 
draft submitted by the contractors. Amid accusations that the 
changes were politically motivated, the EAC's Inspector General 
conducted an investigation.

Discrimination based on partisan affiliation and military service

    The position of General Counsel is one of two staff 
positions created by HAVA and selected by the commissioners. In 
2008, the EAC reviewed candidates for the position and gave an 
individual an offer in writing, which he accepted. After the 
candidate's selection, two of the Commissioners researched his 
off-the-job political activity or received contacts about his 
appointment and found that the individual was a Republican. 
Notwithstanding that the EAC Human Resources Director wrote to 
the Commissioners at the beginning of the selection process 
that, ``[i]ntroducing political party affiliation into the 
selection process is in direct violation of the prohibited 
personnel practices,'' these same two Commissioners then voted 
to disapprove his appointment. Their votes caused the hiring 
decision to deadlock on a 2-2 vote, with Republican 
commissioners voting one way and Democratic commissioners 
voting the other.
    The individual made a claim of political discrimination and 
the case was referred to the Office of Special Counsel (OSC). 
While the investigation was ongoing, the OSC negotiated an 
agreement between the individual and the EAC. Without admitting 
fault, the EAC agreed to provide the individual a ``substantial 
monetary settlement.'' After the settlement, the OSC issued a 
press release stating, ``OSC's investigation uncovered evidence 
indicating that the EAC illegally refused to approve the 
complainant's appointment because he was a Republican.''
    In 2010, the EAC conducted another hiring process to fill 
the still-vacant position of General Counsel. One of the two 
finalists for the position was a lawyer serving in the military 
reserves. In the course of the final interview, the applicant 
asserts that one of the commissioners pursued a line of 
questioning that was an attempt to use the applicant's military 
service as a negative in the employment selection process by 
pointing out the potential for short or long-term absence as a 
reservist. The applicant has filed a discrimination complaint 
under the Uniformed Services Employment and Reemployment Rights 
Act (USERRA) with the Department of Labor.
    According to a media report dated May 24, 2011:

        On March 14, 2011, DOL informed the Office of Personnel 
        Management (OPM) that the lawyer's claim of 
        discrimination was ``meritorious and that the claimant 
        is entitled to the position of General Counsel and 
        compensation for lost wages and other benefits.'' The 
        DOL letter stated that Hillman asked the lawyer 
        ``inappropriate questions regarding his military 
        obligations'' during his interview. Even worse, she 
        apparently lied to DOL investigators when she ``denied 
        making any comments about [the lawyer's] military 
        commitments.'' Witnesses present during the interview 
        confirmed that Hillman had asked these inappropriate 
        questions.

        DOL even has a recording of the closed session at the 
        EAC where the commissioners discussed the two finalists 
        for the General Counsel job, which included the reserve 
        officer. To her credit, Republican Commissioner Gineen 
        Bresso confronted Hillman over her inappropriate 
        questions and the fact that they violated USERRA. In 
        that recording, according to DOL's letter, ``Hillman 
        admitted that she asked questions about [the lawyer's] 
        reserve duties''--something she later denied to DOL 
        investigators.

        DOL's letter tells OPM that if this is not resolved, 
        the claim will be referred to the Office of Special 
        Counsel, the same office that investigated Hillman and 
        Rodriguez in the earlier case. Once again, it looks 
        like the taxpayers will be saddled with large expenses 
        thanks to the misbehavior of an EAC commissioner.

                               Conclusion

    The EAC has completed many of its major functions. Its 
operations and budget show that its mission cannot justify 
maintaining a federal agency. The EAC has a record of 
discrimination based on political affiliation and military 
service and a history of partisan controversy. The functions of 
the EAC that continue to be necessary and valuable can be 
performed by another agency more efficiently and at least as 
effectively.

               Summary of H.R. 672 (As Ordered Reported)

    Sec. 1--Short Title--This section cites the short title of 
the bill as the ``Election Support Consolidation and Efficiency 
Act''
    Sec. 2--Termination of the Election Assistance Commission
        Subtitle A--Termination
        
  Transfers remaining operations regarding EAC 
        contracts and agreements to the Office of Management 
        and Budget (OMB);
        
  Allows any payments made by the Commission 
        prior to its termination to be utilized as was intended 
        under the prior terms and conditions, while providing 
        that requirements payments shall be subject only to the 
        procedures set out in HAVA; and
        
  Sets the Commission termination date at 60 
        days after enactment.
        Subtitle B--Transfer of Certain Authorities
        
  Transfers the functions of the Office of 
        Voting System Testing and Certification and its 
        existing staff to the Federal Election Commission 
        (FEC).
        
  Transfers responsibilities pertaining to the 
        adoption of Voluntary Voting System Guidelines to the 
        FEC.
        
  Transfers responsibilities for maintaining a 
        clearinghouse on the election administration 
        experiences of states to the FEC.
        
  Transfers reporting requirements under UOCAVA 
        and EAC responsibilities under the MOVE Act to the FEC.
        
  Transfers responsibility for regulations 
        concerning the national voter registration form back to 
        the FEC.
     Sec. 3--Replacement of Standards Board and Board of 
Advisors with Guidelines Review Board
        
  Creates an 82-member Guidelines Review Board 
        made up of stakeholders from the elections community to 
        review proposed VVSGs in the same manner currently done 
        by the Advisory Board and Standards Board; and
        
  Maintains the existing Technical Guidelines 
        Development Committee (changed only to include members 
        of the Guidelines Review Board instead of the Advisory 
        Board and Standards Board).
    Sec. 4--Conforming Amendments for the transfer of 
responsibilities to FEC
    Sec. 5--Conforming Amendments to other Laws
    Sec. 6--Conforming Amendments related to termination
    Sec. 7--Studies
          (1) Directs the Comptroller General to conduct a 
        study of the process for adoption of Voluntary Voting 
        System Guidelines and develop recommendations to 
        improve such procedures. This report shall be presented 
        to Congress no later than 2 years after enactment of 
        the Act.
          (2) Directs the Federal Election Commission to 
        conduct a study of the procedures for the testing, 
        certification, decertification, and recertification of 
        voting system hardware and software and develop a 
        recommendation on the entity best suited to oversee and 
        carry out such procedures. This report shall be 
        presented to Congress no later than 2 years after 
        enactment of the Act.

Sec. 2

    This section terminates the EAC promptly and responsibly. 
It allows for the orderly wind-down of the agency by the Office 
of Management and Budget. It preserves any pending actions 
involving the agency. It ensures that requirements payments 
distributed to states but not yet obligated by the states 
remain available for their use. In general, such use is to be 
conducted under the terms and conditions in place at the time 
the payments were distributed, including advisory opinions 
issued by the EAC. In recognition of the concerns expressed by 
states through testimony to the Committee and the 2009 
resolution of the National Association of Secretaries of State, 
the Committee amended this section to provide that general laws 
relating to payments by the federal government shall apply but, 
except as required by those laws, the only terms and conditions 
imposed on the states shall be those specified in HAVA.
    While terminating the EAC, this section preserves certain 
functions that the Committee believes provide continuing value 
to state and local election officials. The most substantial of 
those is the testing and certification of voting systems, 
including the development of voluntary guidelines to be used as 
standards for such testing and certification. The Committee 
amended the bill to transfer this function to the FEC rather 
than to NIST. This change was made in response to feedback the 
Committee received from members of the elections and scientific 
communities that a separation of the scientific and decision-
making aspects of the testing and certification function would 
best serve all stakeholders.
    The responsibility to develop voluntary guidelines and 
perform the testing and certification function is transferred 
to the FEC. In addition, the responsibility to maintain the 
clearinghouse of voting system information is transferred to 
the FEC. Prior to enactment of HAVA the FEC was responsible for 
regulations implementing the national voter registration form, 
and that responsibility is returned to the FEC. Various 
reporting requirements assigned to the EAC by the Uniformed and 
Overseas Civilian Absentee Voting Act and the Military and 
Overseas Voter Empowerment Act are transferred to the FEC. 
Taken in total these transferred functions account for less 
than 20% of the EAC's operating budget.

Sec. 3

    State and local election officials strongly encouraged the 
Committee to preserve a formal, structured role for them in the 
development of the VVSG. This role currently is provided by the 
Technical Guidelines Development Committee, Board of Advisors 
and Standards Board created by HAVA. One comment from the FEC, 
in a letter dated March 16, 2011, was, ``the EAC was assisted 
in its role of developing and adopting voluntary voting system 
guidelines through input from local and state election 
officials and the Technical Guidelines Development Committee, 
and the FEC hopes it would have similar assistance in carrying 
out its duties.'' The Committee amended the bill to give 
election officials a strong continued role while making the 
process more streamlined and efficient.
    The Technical Guidelines Development Committee is preserved 
in its current form. The functions of the Advisory Board and 
Standards Board, which total 147 members, will be performed by 
a Guidelines review Board of 82 members. That board includes 
election officials from every state and territory, officials of 
key government agencies and organizations and members appointed 
by Congress. The administrative structure of the board is 
similar to that of the current Standards Board.

Sec. 4

    This section transfers the EAC's Office of Voting System 
Testing and Certification (``Office'') to the FEC. The transfer 
includes the Office's existing staff, property and records to 
ensure a smooth transition and preserve the progress made by 
the EAC in developing the testing and certification program. 
This section also provides for the transfer of the other 
responsibilities assigned to the FEC.

Sec. 5

    This section includes a provision similar to Section 209 of 
HAVA. It provides that nothing in this Act gives the FEC any 
new authority to impose requirements on state or local 
government through rules, regulations or other actions. The 
only exceptions to this provision are authority held by the FEC 
prior to enactment of the Act and the authority previously held 
by the FEC that is transferred back to promulgate regulations 
implementing the national voter registration form.

Sec. 7

    The Committee believes it is important to conduct the 
termination of the EAC with minimal disruption to state and 
local election officials. The Committee recognizes that the 
absence of future requirements payments is itself a disruption, 
but it is a direct result of budget and appropriations matters 
involving record Federal debt and deficits. The Committee has 
listened carefully to the testimony and other comment it has 
received, and has sought to ensure that the direct effects on 
state and local election officials of terminating the EAC are 
as small as possible. Preserving the voting system testing and 
certification program in nearly identical form to that operated 
by the EAC is one step the Committee has taken in this regard. 
The Committee recognizes, and has been advised by witnesses and 
commenters, that the current system has improved significantly 
in recent years but still could benefit from further 
improvement. Rather than attempt to impose additional changes 
at this time, and to ensure that appropriate changes can be 
considered in the future, the Committee amended the bill to 
provide for two studies relating to the testing and 
certification program. The first calls on the Comptroller 
General to evaluate the process of developing the VVSG and make 
recommendations for improvement. The second calls on the FEC to 
evaluate the procedures for testing and certification and make 
a recommendation as to what entity is best suited to fulfill 
those functions. Both studies are to be submitted to Congress 
within two years of enactment of the Act.

                  Committee Consideration of H.R. 672


                       Introduction and Referral

    On February 11, 2011, Representative Harper of Mississippi 
along with Representative Lungren of California, Representative 
Gingrey of Georgia and Representative Rokita of Indiana 
introduced H.R. 672, which was referred to the Committee on 
House Administration with an additional referral to the 
Committee on Science, Space and Technology.

                                Hearings

    On March 17, 2011, the Committee on House Administration's 
Subcommittee on Elections held a hearing entitled ``Election 
Assistance Commission Operations and 2012 Budget Request.''
    Members present: Chairman Harper, Mr. Nugent, Mr. Rokita, 
Ranking Minority Member Brady and Mr. Gonzalez.
    Witnesses: Commissioner Donetta Davidson, Commissioner 
Gineen Bresso, Executive Director Thomas Wilkey, Chief 
Operating Officer Alice Miller, and Chief Financial Officer 
Annette Lafferty.
    On April 14, 2011, the Committee on House Administration's 
Subcommittee on Elections held a hearing entitled ``H.R. 672--
to Terminate the Election Assistance Commission.''
    Members present: Chairman Harper, Mr. Nugent, Mr. Rokita 
and Mr. Gonzalez.
    Witnesses: First panel--Representative Steny Hoyer. Second 
Panel--New Hampshire Secretary of State Bill Gardner, 
Mississippi Secretary of State Delbert Hosemann, Florida 
Secretary of State Kurt Browning, Sacramento County 
(California) Registrar of Voters Jill LaVine and Mr. John 
Fortier.

                                 Markup

    On May 25, 2011, the Committee met to mark up H.R. 672. The 
Committee ordered H.R. 672 reported favorably, as amended, by 
voice vote, with a quorum present.

                         Committee Record Votes

    House Rule XIII, clause 3(b) requires the results of each 
record vote on an amendment or motion to report, together with 
the names of those voting for and against, to be printed in the 
Committee report.

Substitute amendment offered by Mr. Gonzalez to Mr. Harper's amendment 
        in the nature of a substitute

    The amendment reauthorizes the EAC from 2012 through 2016. 
Additionally, the amendment requires states to participate in 
post-election surveys, creates ongoing surveys to check ADA 
compliance, mandates a study on methods to reduce costs for the 
administration of elections and mandates that the Government 
Accountability Office (GAO) conduct a study on how the EAC can 
improve its effectiveness. The amendment creates an escrow 
account controlled by EAC that would collect payments from 
voting system manufacturers and distribute them to testing labs 
at a set rate. The amendment allows the EAC to establish fees 
for testing and to choose which testing lab would test each 
voting system.
    The vote on the amendment was 3-5 and the amendment was not 
agreed to.

                           ROLL CALL NO. 112-1
                          GONZALEZ AMENDMENT #1
------------------------------------------------------------------------
                                      Response to call of the roll
                               -----------------------------------------
             Name                                             Answered
                                     Aye           Nay         Present
------------------------------------------------------------------------
Mr. Harper....................  ............            X   ............
Mr. Gingrey...................  ............            X   ............
Mr. Schock....................  ............            X   ............
Mr. Rokita....................  ............  ............  ............
Mr. Nugent....................  ............            X   ............
Mr. Brady.....................            X   ............  ............
Ms. Lofgren...................            X   ............  ............
Mr. Gonzalez..................            X   ............  ............
Mr. Lungren...................  ............            X   ............
------------------------------------------------------------------------

Amendment offered by Mr. Gonzalez to Mr. Harper's amendment in the 
        nature of a substitute

    The amendment delays the termination date of the EAC until 
120 days after enacement and requires completion of a GAO study 
on (a) the ability of other offices of the Federal government 
to complete the mission of the EAC, (b) whether termination 
will affect voters' participation in elections, and (c) the 
budgetary impact of termination on the Federal government in 
cost savings to the Federal government and whether those cost 
savings will be shifted to the states.
    The vote on the amendment was 3-5 and the amendment was not 
agreed to.

                           ROLL CALL NO. 112-2
                         GONZALEZ AMENDMENT # 2
------------------------------------------------------------------------
                                      Response to call of the roll
                               -----------------------------------------
             Name                                             Answered
                                     Aye           Nay         Present
------------------------------------------------------------------------
Mr. Harper....................  ............            X   ............
Mr. Gingrey...................  ............            X   ............
Mr. Schock....................  ............            X   ............
Mr. Rokita....................  ............  ............  ............
Mr. Nugent....................  ............            X   ............
Mr. Brady.....................            X   ............  ............
Ms. Lofgren...................            X   ............  ............
Mr. Gonzalez..................            X   ............  ............
Mr. Lungren...................  ............            X   ............
------------------------------------------------------------------------

            Committee Oversight Findings and Recommendations

    In compliance with House Rule XXIII, clause 3(c)(1), the 
Committee states that the findings and recommendations of the 
Committee, based on oversight activities under House Rule X, 
clause 2(b)(1), are incorporated into the general discussion 
section of this report.

            Statement of Budget Authority And Related Items

    The resolution does not provide new budget authority, new 
spending authority, new credit authority, or an increase or 
decrease in revenues or tax expenditures and a statement under 
House Rule XXIII, clause 3(c)(2), and section 308(a)(1) of the 
Congressional Budget Act of 1974 is not required.

               Congressional Budget Office Cost Estimate

    In compliance with House Rule XXIII, clause 3(c)(3), the 
Committee states, with respect to H.R. 672, that the Director 
of the Congressional Budget Office did not submit a cost 
estimate and comparison under section 402 of the Congressional 
Budget Act of 1974.

                    Performance Goals and Objectives

    In compliance with House Rule XXIII, clause 3(c)(4), the 
Committee states that the general discussion section of this 
report includes a statement of the general performance goals 
and objectives, including outcome-related goals and objectives, 
for which H.R. 672 authorizes funding.

                   Constitutional Authority Statement

    Congress has the power to enact this legislation pursuant 
to Article I, Section 4 of the U.S. Constitution. Section 4 
grants Congress the authority to make laws governing the time, 
place, and manner of holding Federal elections.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 672 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     HELP AMERICA VOTE ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (b) Table of Contents.--The table of contents of this Act is 
as follows:
     * * * * * * *

                          TITLE II--COMMISSION

           Subtitle A--Establishment and General Organization

     * * * * * * *

  [Part 2--Election Assistance Commission Standards Board and Board of 
                                Advisors

[Sec. 211. Establishment.]
[Sec. 212. Duties.
[Sec. 213. Membership of Standards Board.
[Sec. 214. Membership of Board of Advisors.
[Sec. 215. Powers of Boards; no compensation for service.
[Sec. 216. Status of Boards and members for purposes of claims against 
          Board. ]

                     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.
     * * * * * * *

           Part 3--Technical Guidelines Development Committee

     * * * * * * *
Sec. 223. Transfer of authority to Federal Election Commission.

Subtitle B--Testing, Certification, Decertification, and Recertification 
                 of Voting System Hardware and Software

     * * * * * * *
Sec. 232. Transfer of authority to Federal Election Commission.
     * * * * * * *

                   TITLE IX--MISCELLANEOUS PROVISIONS

     * * * * * * *

                   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.

           *       *       *       *       *       *       *


                          TITLE II--COMMISSION

Subtitle A--Establishment and General Organization

           *       *       *       *       *       *       *


 [PART 2--ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF 
                                ADVISORS

[SEC. 211. ESTABLISHMENT.

  [There are hereby established the Election Assistance 
Commission Standards Board (hereafter in this title referred to 
as the ``Standards Board'') and the Election Assistance 
Commission Board of Advisors (hereafter in this title referred 
to as the ``Board of Advisors'').

[SEC. 212. DUTIES.

  [The Standards Board and the Board of Advisors shall each, in 
accordance with the procedures described in part 3, review the 
voluntary voting system guidelines under such part, the 
voluntary guidance under title III, and the best practices 
recommendations contained in the report submitted under section 
242(b).

[SEC. 213. MEMBERSHIP OF STANDARDS BOARD.

  [(a) Composition.--
          [(1) In general.--Subject to certification by the 
        chair of the Federal Election Commission under 
        subsection (b), the Standards Board shall be composed 
        of 110 members as follows:
                  [(A) Fifty-five shall be State election 
                officials selected by the chief State election 
                official of each State.
                  [(B) Fifty-five shall be local election 
                officials selected in accordance with paragraph 
                (2).
          [(2) List of local election officials.--Each State's 
        local election officials, including the local election 
        officials of Puerto Rico and the United States Virgin 
        Islands, shall select (under a process supervised by 
        the chief election official of the State) a 
        representative local election official from the State 
        for purposes of paragraph (1)(B). In the case of the 
        District of Columbia, Guam, and American Samoa, the 
        chief election official shall establish a procedure for 
        selecting an individual to serve as a local election 
        official for purposes of such paragraph, except that 
        under such a procedure the individual selected may not 
        be a member of the same political party as the chief 
        election official.
          [(3) Requiring mix of political parties 
        represented.--The two members of the Standards Board 
        who represent the same State may not be members of the 
        same political party.
  [(b) Procedures for Notice and Certification of 
Appointment.--
          [(1) Notice to chair of federal election 
        commission.--Not later than 90 days after the date of 
        the enactment of this Act, the chief State election 
        official of the State shall transmit a notice to the 
        chair of the Federal Election Commission containing--
                  [(A) the name of the State election official 
                who agrees to serve on the Standards Board 
                under this title; and
                  [(B) the name of the representative local 
                election official from the State selected under 
                subsection (a)(2) who agrees to serve on the 
                Standards Board under this title.
          [(2) Certification.--Upon receiving a notice from a 
        State under paragraph (1), the chair of the Federal 
        Election Commission shall publish a certification that 
        the selected State election official and the 
        representative local election official are appointed as 
        members of the Standards Board under this title.
          [(3) Effect of failure to provide notice.--If a State 
        does not transmit a notice to the chair of the Federal 
        Election Commission under paragraph (1) within the 
        deadline described in such paragraph, no representative 
        from the State may participate in the selection of the 
        initial Executive Board under subsection (c).
          [(4) Role of commission.--Upon the appointment of the 
        members of the Election Assistance Commission, the 
        Election Assistance Commission shall carry out the 
        duties of the Federal Election Commission under this 
        subsection.
  [(c) Executive Board.--
          [(1) In general.--Not later than 60 days after the 
        last day on which the appointment of any of its members 
        may be certified under subsection (b), the Standards 
        Board shall select nine of its members to serve as the 
        Executive Board of the Standards Board, of whom--
                  [(A) not more than five may be State election 
                officials;
                  [(B) not more than five may be local election 
                officials; and
                  [(C) not more than five may be members of the 
                same political party.
          [(2) Terms.--Except as provided in paragraph (3), 
        members of the Executive Board of the Standards 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 
        Standards Board--
                  [(A) three shall serve for 1 term;
                  [(B) three shall serve for 2 consecutive 
                terms; and
                  [(C) three shall serve for 3 consecutive 
                terms,
        as determined by lot at the time the members are first 
        appointed.
          [(4) Duties.--In addition to any other duties 
        assigned under this title, the Executive Board of the 
        Standards Board may carry out such duties of the 
        Standards Board as the Standards Board may delegate.

[SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.

  [(a) In General.--The Board of Advisors shall be composed of 
37 members appointed as follows:
          [(1) Two members appointed by the National Governors 
        Association.
          [(2) Two members appointed by the National Conference 
        of State Legislatures.
          [(3) Two members appointed by the National 
        Association of Secretaries of State.
          [(4) Two members appointed by the National 
        Association of State Election Directors.
          [(5) Two members appointed by the National 
        Association of Counties.
          [(6) Two members appointed by the National 
        Association of County Recorders, Election 
        Administrators, and Clerks.
          [(7) Two members appointed by the United States 
        Conference of Mayors.
          [(8) Two members appointed by the Election Center.
          [(9) Two members appointed by the International 
        Association of County Recorders, Election Officials, 
        and Treasurers.
          [(10) Two members appointed by the United States 
        Commission on Civil Rights.
          [(11) Two members appointed by the Architectural and 
        Transportation Barrier Compliance Board under section 
        502 of the Rehabilitation Act of 1973 (29 U.S.C. 792).
          [(12) The chief of the Office of Public Integrity of 
        the Department of Justice, or the chief's designee.
          [(13) The chief of the Voting Section of the Civil 
        Rights Division of the Department of Justice or the 
        chief's designee.
          [(14) The director of the Federal Voting Assistance 
        Program of the Department of Defense.
          [(15) Four 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.
          [(16) Eight members representing voter interests, of 
        whom--
                  [(A) four members shall be appointed by the 
                Committee on House Administration of the House 
                of Representatives, of whom two shall be 
                appointed by the chair and two shall be 
                appointed by the ranking minority member; and
                  [(B) four members shall be appointed by the 
                Committee on Rules and Administration of the 
                Senate, of whom two shall be appointed by the 
                chair and two shall be appointed by the ranking 
                minority member.
  [(b) Manner of Appointments.--Appointments shall be made to 
the Board of Advisors under subsection (a) in a manner which 
ensures that the Board of Advisors will be bipartisan in nature 
and will reflect the various geographic regions of the United 
States.
  [(c) Term of Service; Vacancy.--Members of the Board of 
Advisors shall serve for a term of 2 years, and may be 
reappointed. Any vacancy in the Board of Advisors shall be 
filled in the manner in which the original appointment was 
made.
  [(d) Chair.--The Board of Advisors shall elect a Chair from 
among its members.

[SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE.

  [(a) Hearings and Sessions.--
          [(1) In general.--To the extent that funds are made 
        available by the Commission, the Standards Board 
        (acting through the Executive Board) and the Board of 
        Advisors may each 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 each such Board considers advisable to carry out 
        this title, except that the Boards may not issue 
        subpoenas requiring the attendance and testimony of 
        witnesses or the production of any evidence.
          [(2) Meetings.--The Standards Board and the Board of 
        Advisors shall each hold a meeting of its members--
                  [(A) not less frequently than once every year 
                for purposes of voting on the voluntary voting 
                system guidelines referred to it under section 
                222;
                  [(B) in the case of the Standards Board, not 
                less frequently than once every 2 years for 
                purposes of selecting the Executive Board; and
                  [(C) 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 Standards Board 
and the Board of Advisors may each 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 (in the case of the Standards Board) or the 
Chair (in the case of the Board of Advisors), the head of such 
department or agency shall furnish such information to the 
Board.
  [(c) Postal Services.--The Standards Board and the Board of 
Advisors 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 (in the case of the Standards Board) or the 
Chair (in the case of the Board of Advisors), 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 Standards 
Board and members of the Board of Advisors 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. 216. STATUS OF BOARDS 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 Standards Board, the Board of Advisors, and 
their 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 Standards Board or the Board of Advisors.]

                    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.

           PART 3--TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Membership.--
          (1) In general.--The Development Committee shall be 
        composed of the Director of the National Institute of 
        Standards and Technology (who shall serve as its 
        chair), together with a group of 14 other individuals 
        appointed jointly by the Commission and the Director of 
        the National Institute of Standards and Technology, 
        consisting of the following:
                  (A) An equal number of each of the following:
                          (i) Members of the Standards Board.
                          (ii) Members of the Board of 
                        Advisors.
                          (i) Members of the Guidelines Review 
                        Board.
                          [(iii)] (ii)   Members of the 
                        Architectural and Transportation 
                        Barrier Compliance Board under section 
                        502 of the Rehabilitation Act of 1973 
                        (29 U.S.C. 792).

           *       *       *       *       *       *       *

                  (D) Two representatives of the National 
                Association of State Election Directors 
                selected by such Association who are not 
                members of the [Standards Board or Board of 
                Advisors] Guidelines Review Board, and who are 
                not of the same political party.

           *       *       *       *       *       *       *


SEC. 222. PROCESS FOR ADOPTION.

  (a) * * *
  (b) Consideration of Recommendations of Development 
Committee; Submission of Proposed Guidelines to [Board of 
Advisors and Standards Board]   Guidelines Review Board.--
          (1) * * *
          [(2) Board of advisors.--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 Board of Advisors.
          [(3) Standards 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 Executive Board of the Standards 
        Board, which shall review the guidelines (or 
        modifications) and forward its recommendations to the 
        Standards Board.]
          (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.
  (c) Review.--Upon receipt of voluntary voting system 
guidelines described in subsection (b) (or a modification of 
such guidelines) from the Executive Director of the Commission, 
[the Board of Advisors and the Standards Board shall each 
review] the Guidelines Review Board shall review and submit 
comments and recommendations regarding the guideline (or 
modification) to the Commission.
  (d) Final Adoption.--
          (1) In general.--A voluntary voting system guideline 
        described in subsection (b) (or modification of such a 
        guideline) shall not be considered to be finally 
        adopted by the Commission unless the Commission votes 
        to approve the final adoption of the guideline (or 
        modification), taking into consideration the comments 
        and recommendations submitted by [the Board of Advisors 
        and the Standards Board] the Guidelines Review Board 
        under subsection (c).
          (2) Minimum period for consideration of comments and 
        recommendations.--The Commission may not vote on the 
        final adoption of a guideline described in subsection 
        (b) (or modification of such a guideline) until the 
        expiration of the 90-day period which begins on the 
        date the Executive Director of the Commission submits 
        the proposed guideline (or modification) to [the Board 
        of Advisors and the Standards Board] the Guidelines 
        Review Board under subsection (b).

           *       *       *       *       *       *       *


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.

       Subtitle B--Testing, Certification, Decertification, and 
         Recertification of Voting System Hardware and Software

SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Continuing Review by National Institute of Standards and 
Technology.--
          (1) In general.--In cooperation with the Commission 
        and in consultation with [the Standards Board and the 
        Board of Advisors] the Guidelines Review Board, the 
        Director of the National Institute of Standards and 
        Technology shall monitor and review, on an ongoing 
        basis, the performance of the laboratories accredited 
        by the Commission under this section, and shall make 
        such recommendations to the Commission as it considers 
        appropriate with respect to the continuing 
        accreditation of such laboratories, including 
        recommendations to revoke the accreditation of any such 
        laboratory.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


TITLE VII--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS

           *       *       *       *       *       *       *


SEC. 703. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED AFTER 
                    GENERAL ELECTIONS.

  (a) * * *
  (b) Development of Standardized Format for Reports.--The 
Election Assistance Commission, working with [the Election 
Assistance Commission Board of Advisors and the Election 
Assistance Commission Standards Board] the Guidelines Review 
Board, shall develop a standardized format for the reports 
submitted by States and units of local government under section 
102(c) of the Uniformed and Overseas Citizens Absentee Voting 
Act (as added by subsection (a)), and shall make the format 
available to the States and units of local government 
submitting such reports. 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.

           *       *       *       *       *       *       *


TITLE IX--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


                   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.
                              ----------                              


                 FEDERAL ELECTION CAMPAIGN ACT OF 1971



           *       *       *       *       *       *       *
TITLE III--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS

           *       *       *       *       *       *       *


                       ADMINISTRATIVE PROVISIONS

  Sec. 311. (a) The Commission shall--
          (1) * * *

           *       *       *       *       *       *       *

          (8) prescribe rules, regulations, and forms to carry 
        out the provisions of this Act, in accordance with the 
        provisions of subsection (d); [and]
          (9) transmit to the President and to each House of 
        the Congress no later than June 1 of each year, a 
        report which states in detail the activities of the 
        Commission in carrying out its duties under this Act, 
        and any recommendations for any legislative or other 
        action the Commission considers appropriate[.];
          (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)).

           *       *       *       *       *       *       *

  (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).
  (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)).

           *       *       *       *       *       *       *

                              ----------                              


                NATIONAL VOTER REGISTRATION ACT OF 1993

                              ----------                              


          UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT



           *       *       *       *       *       *       *
 TITLE I--REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS 
          AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE

SEC. 101. FEDERAL RESPONSIBILITIES.

  (a) * * *
  (b) Duties of Presidential Designee.--The Presidential 
designee shall--
          (1) * * *

           *       *       *       *       *       *       *

          (11) working with [the Election Assistance 
        Commission] the Federal Election Commission and the 
        chief State election official of each State, develop 
        standards--
                  (A) * * *

           *       *       *       *       *       *       *


SEC. 102. STATE RESPONSIBILITIES.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Report on Number of Absentee Ballots Transmitted and 
Received.--Not later than 90 days after the date of each 
regularly scheduled general election for Federal office, each 
State and unit of local government which administered the 
election shall (through the State, in the case of a unit of 
local government) submit a report to [the Election Assistance 
Commission (established under the Help America Vote Act of 
2002)] the Federal Election Commission on the combined number 
of absentee ballots transmitted to absent uniformed services 
voters and overseas voters for the election and the combined 
number of such ballots which were returned by such voters and 
cast in the election, and shall make such report available to 
the general public.

           *       *       *       *       *       *       *

                              ----------                              


        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002

SEC. 1604. ELECTRONIC VOTING DEMONSTRATION PROJECT.

  (a) Establishment of Demonstration Project.--
          (1) * * *
          (2) Authority to delay implementation.--If the 
        Secretary of Defense determines that the implementation 
        of the demonstration project under paragraph (1) with 
        respect to the regularly scheduled general election for 
        Federal office for November 2002 may adversely affect 
        the national security of the United States, the 
        Secretary may delay the implementation of such 
        demonstration project until the first regularly 
        scheduled general election for Federal office which 
        occurs after [the Election Assistance Commission] the 
        Federal Election Commission notifies the Secretary that 
        the Commission has established electronic absentee 
        voting guidelines and certifies that it will assist the 
        Secretary in carrying out the project. The Secretary 
        shall notify the Committee on Armed Services and the 
        Committee on Rules and Administration of the Senate and 
        the Committee on Armed Services and the Committee on 
        House Administration of the House of Representatives of 
        any decision to delay implementation of the 
        demonstration project.

           *       *       *       *       *       *       *

                              ----------                              


              MILITARY AND OVERSEAS VOTER EMPOWERMENT ACT

                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART B--EMPLOYMENT AND RETENTION

           *       *       *       *       *       *       *


CHAPTER 31--AUTHORITY FOR EMPLOYMENT

           *       *       *       *       *       *       *


SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE

           *       *       *       *       *       *       *


Sec. 3132. Definitions and exclusions

  (a) For the purpose of this subchapter--
          (1) ``agency'' means an Executive agency, except a 
        Government corporation and the Government 
        Accountability Office, but does not include--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) the Federal Election Commission [or the 
                Election Assistance Commission];

           *       *       *       *       *       *       *


SUBPART F--LABOR-MANAGEMENT AND EMPLOYEE RELATIONS

           *       *       *       *       *       *       *


CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT

           *       *       *       *       *       *       *


SUBCHAPTER III--POLITICAL ACTIVITIES

           *       *       *       *       *       *       *


Sec. 7323. Political activity authorized; prohibitions

  (a) * * *
  (b)(1) * * *
  (2)(A) * * *
  (B) The provisions of subparagraph (A) shall apply to--
          (i) an employee of--
                  (I) the Federal Election Commission [or the 
                Election Assistance Commission];

           *       *       *       *       *       *       *

                              ----------                              


                     INSPECTOR GENERAL ACT OF 1978



           *       *       *       *       *       *       *
   REQUIREMENTS FOR FEDERAL ENTITIES AND DESIGNATED FEDERAL ENTITIES

  Sec. 8G. (a) Notwithstanding section 12 of this Act, as used 
in this section--
          (1) * * *
          (2) the term ``designated Federal entity'' means 
        Amtrak, the Appalachian Regional Commission, the Board 
        of Governors of the Federal Reserve System and the 
        Bureau of Consumer Financial Protection, the Board for 
        International Broadcasting, the Commodity Futures 
        Trading Commission, the Consumer Product Safety 
        Commission, the Corporation for Public Broadcasting, 
        the Defense Intelligence Agency, the Equal Employment 
        Opportunity Commission, the Farm Credit Administration, 
        the Federal Communications Commission, the Federal 
        Deposit Insurance Corporation, the Federal Election 
        Commission,   [the Election Assistance Commission,] the 
        Federal Housing Finance Board, the Federal Labor 
        Relations Authority, the Federal Maritime Commission, 
        the Federal Trade Commission, the Legal Services 
        Corporation, the National Archives and Records 
        Administration, the National Credit Union 
        Administration, the National Endowment for the Arts, 
        the National Endowment for the Humanities, the National 
        Geospatial-Intelligence Agency, the National Labor 
        Relations Board, the National Reconnaissance Office, 
        the National Security Agency, the National Science 
        Foundation, the Panama Canal Commission, the Peace 
        Corps, the Pension Benefit Guaranty Corporation, the 
        Securities and Exchange Commission, the Smithsonian 
        Institution, the United States International Trade 
        Commission, the Postal Regulatory Commission, and the 
        United States Postal Service;

           *       *       *       *       *       *       *

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


MINORITY VIEWS OF RANKING MEMBER ROBERT A. BRADY, REP. ZOE LOFGREN AND 
                        REP. CHARLES A. GONZALEZ

    H.R. 672 is an attempt by the Republican majority to 
disguise as cost-cutting the elimination of an agency which 
they've never supported, but which has established a strong 
record of work to enhance Americans' ability to cast their 
votes. The truth is that eliminating the Election Assistance 
Commission is more likely to shift costs to another federal 
agency, to the states, and onto voters. The results will be a 
return to the election problems that plagued the 2000 
presidential race, the disenfranchisement of tens of thousands 
of voters, and a further diminution of the American people's 
faith in our election system.
EAC Functions
    Lost in rhetoric like ``bloated bureaucracy'' and 
``outlived purpose'' are the very real and very beneficial 
services provided by the Election Assistance Commission. In 
fact, even H.R. 672 recognizes the importance of a federal role 
in the constitutionally mandated regulation of elections, as 
evidenced by its transfer of election administration functions 
to the Federal Election Commission. Supporting this decision, 
however, requires us to forget not only the partisan gridlock 
that has plagued FEC for years and has only gotten worse, but 
that it was the FEC's failure to properly handle these duties 
amid the chaos of the 2000 election that led to the creation of 
EAC in the first place. We simply cannot afford the risk of 
removing such critical responsibilities from an agency that is 
competently fulfilling its role in testing and certification, 
to return it to one that has never demonstrated a competence in 
this field and which has been given a much different mandate 
and focus by the Congress.
    In the brief Committee debate on H.R. 672, a couple of 
issues were barely touched on or skipped altogether. Perhaps 
the most important is voting equipment security, which had been 
a topic of great discussion in the wake of the 2000 election. 
We addressed this issue in the special taskforce set up in 2007 
to investigate the contested election in the 13th congressional 
district of Florida, chaired by Rep. Gonzalez, which turned on 
the question of whether voting machines had malfunctioned. 
Ultimately, the Government Accountability Office (GAO) 
determined that the machines functioned properly. As a result 
of this work, voting equipment manufacturers have been held 
accountable through EAC's testing and certification program. 
This program, as well as EAC's transparency in its 
implementation, has enhanced public confidence in the 
commission's value.
    Another issue that should be addressed in any legislation 
that the Congress passes and sends to the President concerns 
our Armed Forces personnel serving overseas. The EAC has 
provided local and state election officials with a wealth of 
information on how to ensure that deployed military voters can 
exercise their franchise, including pilot project guidelines 
for testing remote electronic systems, security ``best 
practices'' for using email or the internet to distribute 
ballots, and threat considerations for the use of a remote 
electronic system. The EAC is working with the Department of 
Defense now on a pilot project to develop a full set of 
testable standards for overseas voters. Elimination of the 
agency would put the prompt and efficient completion of this 
and other such projects at risk.
    The EAC has compiled and maintains the most comprehensive 
database on military and overseas voters gathers and provides 
annual UOCAVA statistics, issues best practices for UOCAVA 
voters, and provides through its reports the basis on which 
federal and state legislatures make improvements in election 
administration for Americans overseas. The EAC's work in the 
creation of the Electronic Absentee Voting Pilot Project, which 
supports civilian and military voters who are abroad at 
election time, continues to make it faster and easier for 
millions of Americans to participate in our democratic system.
    The EAC's Election Administration and Voting Survey, the 
nation's most comprehensive report on how, where, and when 
Americans vote, brings together data from the states and 
American territories into a single source. As EAC puts these 
surveys, along with countless other resources, online, 
secretaries of state, local election officials, voter rights 
groups, and private citizens all have access to the 
information. This transparency, a hallmark of EAC's web 
presence, not only allows the public to monitor how our 
elections are administered but fosters innovation and 
improvement across the country as best practices are shared and 
problems combated cooperatively. We have been told of savings 
of hundreds of thousands of dollars in a single county as a 
result of EAC's online resources.
    No other federal agency in history has equaled EAC's focus 
on making voting accessible to Americans with disabilities. 
Projects including the Accessible Voting Technology Initiative 
and a management guide for elderly or disabled voters in long 
term care facilities have brought a new focus on ensuring that 
these voters' right to participate in our government is 
protected.
    The EAC has been able to provide materials for voters in 
more than half a dozen languages. As a federal agency 
representing the interests of voters in all 50 states and the 
American territories, it brings efficiencies to such language 
projects which would have cost local election officials vastly 
more in time and money to respond in isolation to the needs of 
non-English speaking voters.
    And these are only a few of the many services provided by 
the EAC. H.R. 672 calls for the transfer of none of these 
services to the FEC. The sole program transferred is the 
testing and certification of election equipment. EAC is widely 
recognized as having done a commendable job in this field, even 
by those who question its other functions.
Transfer of Functions to the Federal Election Commission:
    Provisions of H.R. 672 providing for the transfer of 
certain functions to the FEC make it clear that the value of 
these services is not in question. Proponents suggest that the 
transfer would save the federal government $14 million. This 
figure is simply not credible. FEC Chair Cynthia Bauerly has 
written that the agency is ready to take on whatever 
responsibilities the Congress should set for it. This is the 
right and proper response we would expect.
    But Chair Bauerly also made clear, as is proper, that FEC 
would not be doing this because they had idle resources 
available to take on new tasks. She writes, rather:
    ``Should Congress enact this bill and provide an 
appropriation that adequately reflects this change, (emphasis 
added) we believe that the FEC could absorb the added functions 
and responsibilities, while continuing to fulfill our current 
mission successfully.''
    The Chair's point is that FEC would require significant 
additional spending, including the hiring of additional staff, 
to meet these new obligations. Further, additional costs may 
surface in states that once depended on the EAC's guidance and 
research.
Gonzalez Substitute to H.R. 672
    During the markup, Representative Gonzalez offered an 
amendment in the nature of a substitute to reform, enhance and 
reauthorize the EAC, rather than abolish it. Unfortunately, the 
amendment failed on a party-line vote. The Gonzalez substitute 
would have ensured compliance with the Americans with 
Disabilities Act, making polling places more accessible for 
handicapped voters. It would have overhauled completely the 
system of payments and disclosure surrounding the testing and 
certification of voting equipment. It also called for a 
comprehensive study of how federal, state and local governments 
might reduce the costs of election administration, as well as a 
study to increase the efficiency and cost-effectiveness of the 
EAC itself.
    The complaint most often leveled against EAC during the 
Subcommittee on Elections' hearings over the last few months 
has been that EAC's administrative costs are too high. H.R. 672 
ignores the steps EAC has already taken to address this concern 
and those it is currently examining. The Gonzalez substitute, 
in contrast, would have added the resources of the Comptroller 
General to strengthen EAC's efforts to lower its administrative 
costs. It is better to resolve problems than simply to give up 
on the entire agency.
Gonzalez Perfecting Amendment
    After his substitute had been defeated, Representative 
Gonzalez offered a perfecting amendment to the pending Harper 
substitute text that would have required the Government 
Accountability Office to conduct a study of the effects of 
termination of the agency and to report back to Congress. This 
amendment would have ensured that we had as much information 
before us as possible before taking the extreme step of 
destroying the sole agency focused on election assistance. This 
GAO study would have shown Congress whether the proponents of 
H.R. 672 are correct in their assertions that the EAC can be 
eliminated without adverse consequences to the electoral 
process. If, however, the study showed that the FEC would be 
unable to meet the new responsibilities required by H.R. 672, 
or that voters would be disenfranchised by the changes, or if 
enactment of H.R. 672 would not have, in fact, resulted in 
savings to the federal government or would have effected 
savings only by shifting costs to the states, Congress could 
have reevaluated the wisdom of this bill. Unfortunately, this 
reasonable provision was also rejected on a party-line vote.
Conclusion
    We cannot afford to confuse reckless spending cuts with 
cost savings, as the majority has done. The importance of the 
EAC cannot be denied by either party. Local elections officials 
from across the country and voting rights advocates 
representing Americans around the world have called for the 
agency to be protected. Surveys conducted by the Congressional 
Research Service have shown that, under the oversight of the 
previous Committee majority, the value of the EAC to local 
election officials improved dramatically. It is shortsighted to 
eliminate the agency now because of problems that have already 
been eliminated. The United States has spent billions of 
dollars, and sent our military into battle, to encourage and to 
protect democracy around the world. Eliminating an agency that 
has improved that access and shows great potential to provide 
still further improvements, for a dubious savings of $14 
million, would be a grievous error for this Congress to make. 
We hope that Members will join us in opposing H.R. 672.

                                   Robert A. Brady.
                                   Zoe Lofgren.
                                   Charles A. Gonzalez.