99–006 

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. 


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‘‘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. 


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‘‘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. 


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‘‘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. 


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‘‘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 StandVerDate Mar 15 2010 22:04 Jun 07, 2011 Jkt 099006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR100P1.XXX HR100P1

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ards 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 VOT- ERS.—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 


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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’’. 


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(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 DE- FENSE.—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 


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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 


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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 


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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 

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bility 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. 


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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 


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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 highlypublicized 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 


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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 offiVerDate Mar 15 2010 22:04 Jun 07, 2011 Jkt 099006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR100P1.XXX HR100P1

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cer. 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) 

§ 1—Short Title—This section cites the short title of the bill as 

the ‘‘Election Support Consolidation and Efficiency Act’’ 

§ 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. 

§ 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 


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• 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). 

§ 4—Conforming Amendments for the transfer of responsibilities 

to FEC 

§ 5—Conforming Amendments to other Laws 

§ 6—Conforming Amendments related to termination 

§ 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 


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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 


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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. 


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20 

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 postelection 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 

Name 

Response to call of the roll 

Aye Nay Answered 

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. 


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21 

ROLL CALL NO. 112–2 

GONZALEZ AMENDMENT # 2 

Name 

Response to call of the roll 

Aye Nay Answered 

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 


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22 

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

* * * * * * * 

øPART 2—ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF

ADVISORS

øSec. 211. Establishment.¿ 

øSec. 212. Duties. 

øSec. 213. Membership of Standards Board. 

øSec. 214. Membership of Board of Advisors. 

øSec. 215. Powers of Boards; no compensation for service. 

øSec. 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. 


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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 

* * * * * * * 

øPART 2—ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF 

ADVISORS 

øSEC. 211. ESTABLISHMENT. 

øThere 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’’). 

øSEC. 212. DUTIES. 

øThe 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). 

øSEC. 213. MEMBERSHIP OF STANDARDS BOARD. 

ø(a) COMPOSITION.— 

ø(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: 

ø(A) Fifty-five shall be State election officials selected by 

the chief State election official of each State. 

ø(B) Fifty-five shall be local election officials selected in 

accordance with paragraph (2). 

ø(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. 


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ø(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. 

ø(b) PROCEDURES FOR NOTICE AND CERTIFICATION OF APPOINT- MENT.— 

ø(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— 

ø(A) the name of the State election official who agrees 

to serve on the Standards Board under this title; and 

ø(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. 

ø(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. 

ø(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). 

ø(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. 

ø(c) EXECUTIVE BOARD.— ø(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— 

ø(A) not more than five may be State election officials; 

ø(B) not more than five may be local election officials; 

and 

ø(C) not more than five may be members of the same political party. 

ø(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. 

ø(3) STAGGERING OF INITIAL TERMS.—Of the members first 

selected to serve on the Executive Board of the Standards 

Board— 

ø(A) three shall serve for 1 term; 

ø(B) three shall serve for 2 consecutive terms; and 

ø(C) three shall serve for 3 consecutive terms, 

as determined by lot at the time the members are first appointed. 

ø(4) DUTIES.—In addition to any other duties assigned under 

this title, the Executive Board of the Standards Board may 


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25 

carry out such duties of the Standards Board as the Standards 

Board may delegate. 

øSEC. 214. MEMBERSHIP OF BOARD OF ADVISORS. 

ø(a) IN GENERAL.—The Board of Advisors shall be composed of 

37 members appointed as follows: 

ø(1) Two members appointed by the National Governors Association. 

ø(2) Two members appointed by the National Conference of 

State Legislatures. 

ø(3) Two members appointed by the National Association of 

Secretaries of State. 

ø(4) Two members appointed by the National Association of 

State Election Directors. 

ø(5) Two members appointed by the National Association of 

Counties. 

ø(6) Two members appointed by the National Association of 

County Recorders, Election Administrators, and Clerks. 

ø(7) Two members appointed by the United States Conference of Mayors. 

ø(8) Two members appointed by the Election Center. 

ø(9) Two members appointed by the International Association of County Recorders, Election Officials, and Treasurers. 

ø(10) Two members appointed by the United States Commission on Civil Rights. 

ø(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). 

ø(12) The chief of the Office of Public Integrity of the Department of Justice, or the chief’s designee. 

ø(13) The chief of the Voting Section of the Civil Rights Division of the Department of Justice or the chief’s designee. 

ø(14) The director of the Federal Voting Assistance Program 

of the Department of Defense. 

ø(15) Four members representing professionals in the field of 

science and technology, of whom— 

ø(A) one each shall be appointed by the Speaker and the 

Minority Leader of the House of Representatives; and 

ø(B) one each shall be appointed by the Majority Leader 

and the Minority Leader of the Senate. 

ø(16) Eight members representing voter interests, of whom— 

ø(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 

ø(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. 

ø(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. 

ø(c) TERM OF SERVICE; VACANCY.—Members of the Board of Advisors shall serve for a term of 2 years, and may be reappointed. Any 


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vacancy in the Board of Advisors shall be filled in the manner in 

which the original appointment was made. 

ø(d) CHAIR.—The Board of Advisors shall elect a Chair from 

among its members. 

øSEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE. 

ø(a) HEARINGS AND SESSIONS.— 

ø(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. 

ø(2) MEETINGS.—The Standards Board and the Board of Advisors shall each hold a meeting of its members— 

ø(A) not less frequently than once every year for purposes of voting on the voluntary voting system guidelines 

referred to it under section 222; 

ø(B) in the case of the Standards Board, not less frequently than once every 2 years for purposes of selecting 

the Executive Board; and 

ø(C) at such other times as it considers appropriate for 

purposes of conducting such other business as it considers 

appropriate consistent with this title. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 


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øSEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF 

CLAIMS AGAINST BOARD. 

ø(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. 

ø(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— 


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28 

(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 


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29 

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.— 


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30 

(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. 

ø(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 øStandards 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 øBOARD OF

ADVISORS AND STANDARDS BOARD¿ GUIDELINES REVIEW BOARD.— (1) * * * 

ø(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. 

ø(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, øthe 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 øthe Board of 


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31 

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 øthe 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 øthe 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 


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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 fulltime 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 øthe 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. 

* * * * * * * 


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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 


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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. 


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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 

* * * * * * * 


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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); øand¿ 

(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 appropriateø.¿; 

(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)). 

* * * * * * * 


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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 øthe 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 øthe 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 regVerDate Mar 15 2010 22:04 Jun 07, 2011 Jkt 099006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6601 E:\HR\OC\HR100P1.XXX HR100P1

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ularly 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 øthe 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 

* * * * * * * 

§ 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 øor the Election 

Assistance Commission¿; 

* * * * * * * 


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SUBPART F—LABOR-MANAGEMENT AND 

EMPLOYEE RELATIONS 

* * * * * * * 

CHAPTER 73—SUITABILITY, SECURITY, AND CONDUCT 

* * * * * * * 

SUBCHAPTER III—POLITICAL ACTIVITIES 

* * * * * * * 

§ 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 øor 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, øthe 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 ComVerDate Mar 15 2010 22:04 Jun 07, 2011 Jkt 099006 PO 00000 Frm 00039 Fmt 6659 Sfmt 6601 E:\HR\OC\HR100P1.XXX HR100P1

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mission, the Postal Regulatory Commission, and the United 

States Postal Service; 

* * * * * * * 


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(54) 

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 


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55 

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 


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56 

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 


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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. 

Æ 


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