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Union Calendar No. 211 

113TH CONGRESS 

1ST SESSION H. R. 1994 

[Report No. 113–293] 

To terminate the Election Assistance Commission. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2013 

Mr. HARPER introduced the following bill; which was referred to the 

Committee on House Administration 

DECEMBER 12, 2013 

Additional sponsor: Mr. GINGREY of Georgia 

DECEMBER 12, 2013 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To terminate the Election Assistance Commission. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Election Assistance Commission Termination Act’’. 

6 (b) FINDINGS.—Congress finds the following: 

7 (1) The Help America Vote Act of 2002 

8 (HAVA) authorized annual appropriations of not 

9 more than $10,000,000 for the Election Assistance 

10 Commission (EAC) for fiscal years 2003, 2004, and 

11 2005. Funding for additional years has not been au12 thorized, and in fiscal year 2011 the EAC’s budget 

13 grew to nearly $18,000,000. 

14 (2) Between 2007 and 2011, the number of 

15 staff at the EAC grew from 26 to 48 without an in16 crease in statutory responsibility. 

17 (3) 55 percent of the EAC’s fiscal year 2014 

18 budget request is devoted to management costs, the 

19 third consecutive year for which management costs 

20 have exceeded one-half of the EAC’s budget. 

21 (4) The EAC has distributed more than $3.2 

22 billion in election reform grants to the States. The 

23 most recent year for which appropriations for these 

24 grants were enacted or were requested in the Presi25 dent’s annual budget was fiscal year 2010. 


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1 (5) The EAC last issued voluntary voting sys2 tem guidelines in 2005. A total of 11 voting systems 

3 currently hold a certification from the EAC. 

4 (6) The research division of the EAC has sub5 stantially completed the reports required by HAVA. 

6 (7) The National Association of Secretaries of 

7 State adopted resolutions calling for the dissolution 

8 of the EAC in 2005 and 2010. 

9 (8) The EAC has not had a quorum of commis10 sioners since December 2010, and has not had any 

11 commissioners since December 2011. The EAC has 

12 not had an Executive Director since December 2011, 

13 and has not had a General Counsel since May 2012. 

14 (9) The existence of the EAC is not necessary 

15 to the conduct of Federal elections and is an unnec16 essary expenditure of taxpayer funds. Any functions 

17 of the EAC worth continuing can be performed by 

18 other government entities, consortia of government 

19 entities, or private associations. 

20 SEC. 2. TERMINATION OF ELECTION ASSISTANCE COMMIS21 SION. 

22 (a) TERMINATION.—The Help America Vote Act of 

23 2002 (42 U.S.C. 15301 et seq.) is amended by adding at 

24 the end the following new title: 


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1 ‘‘TITLE X—TERMINATION OF 

2 COMMISSION 

3 ‘‘SEC. 1001. TERMINATION. 

4 ‘‘Effective on the Commission termination date, the 

5 Commission (including the Election Assistance Commis6 sion Standards Board and the Election Assistance Com7 mission Board of Advisors under part 2 of subtitle A of 

8 title II) is terminated and may not carry out any programs 

9 or activities. 

10 ‘‘SEC. 1002. OFFICE OF MANAGEMENT AND BUDGET TO 

11 PERFORM TRANSITION FUNCTIONS. 

12 ‘‘Except as provided in section 1004, the Director of 

13 the Office of Management and Budget shall, effective 

14 upon the Commission termination date— 

15 ‘‘(1) perform the functions of the Commission 

16 with respect to contracts and agreements described 

17 in subsection 1003(a) until the expiration of such 

18 contracts and agreements, but shall not renew any 

19 such contract or agreement; and 

20 ‘‘(2) take the necessary steps to wind up the af21 fairs of the Commission. 

22 ‘‘SEC. 1003. SAVINGS PROVISIONS. 

23 ‘‘(a) PRIOR CONTRACTS.—The termination of the 

24 Commission under this title shall not affect any contract 

25 that has been entered into by the Commission before the 


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1 Commission termination date. All such contracts shall 

2 continue in effect until modified, superseded, terminated, 

3 set aside, or revoked in accordance with law by an author4 ized Federal official, a court of competent jurisdiction, or 

5 operation of law. 

6 ‘‘(b) OBLIGATIONS OF RECIPIENTS OF PAYMENTS.— 

7 ‘‘(1) IN GENERAL.—The termination of the 

8 Commission under this title shall not affect the au9 thority of any recipient of a payment made by the 

10 Commission under this Act prior to the Commission 

11 termination date to use any portion of the payment 

12 that remains unobligated as of the Commission ter13 mination date, and the terms and conditions that 

14 applied to the use of the payment at the time the 

15 payment was made shall continue to apply. 

16 ‘‘(2) SPECIAL RULE FOR STATES RECEIVING

17 REQUIREMENTS PAYMENTS.—In the case of a re18 quirements payment made to a State under part 1 

19 of subtitle D of title II, the terms and conditions ap20 plicable to the use of the payment for purposes of 

21 the State’s obligations under this subsection (as well 

22 as any obligations in effect prior to the termination 

23 of the Commission under this subtitle), and for pur24 poses of any applicable requirements imposed by 

25 regulations promulgated by the Director of the OfVerDate Mar 15 2010 02:52 Dec 13, 2013 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1994.RH H1994

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1 fice of Management and Budget, shall be the general 

2 terms and conditions applicable under Federal law, 

3 rules, and regulations to payments made by the Fed4 eral Government to a State, except that to the ex5 tent that such general terms and conditions are in6 consistent with the terms and conditions that are 

7 specified under part 1 of subtitle D of title II or sec8 tion 902, the terms and conditions specified under 

9 such part and such section shall apply. 

10 ‘‘(c) PENDING PROCEEDINGS.— 

11 ‘‘(1) NO EFFECT ON PENDING PROCEEDINGS.— 

12 The termination of the Commission under this title 

13 shall not affect any proceeding to which the Com14 mission is a party that is pending on the Commis15 sion termination date, including any suit to which 

16 the Commission is a party that is commenced prior 

17 to such date, and the Director of the Office of Man18 agement and Budget shall be substituted or added 

19 as a party to the proceeding. 

20 ‘‘(2) TREATMENT OF ORDERS.—In the case of 

21 a proceeding described in paragraph (1), an order 

22 may be issued, an appeal may be taken, judgments 

23 may be rendered, and payments may be made as if 

24 the Commission had not been terminated. Any such 

25 order shall continue in effect until modified, termiVerDate Mar 15 2010 02:52 Dec 13, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1994.RH H1994

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1 nated, superseded, or revoked by an authorized Fed2 eral official, a court of competent jurisdiction, or op3 eration of law. 

4 ‘‘(3) CONSTRUCTION RELATING TO DIS5 CONTINUANCE OR MODIFICATION.—Nothing in this 

6 subsection shall be deemed to prohibit the dis7 continuance or modification of any proceeding de8 scribed in paragraph (1) under the same terms and 

9 conditions and to the same extent that such pro10 ceeding could have been discontinued or modified if 

11 the Commission had not been terminated. 

12 ‘‘(4) REGULATIONS FOR TRANSFER OF PRO13 CEEDINGS.—The Director of the Office of Manage14 ment and Budget may issue regulations providing 

15 for the orderly transfer of proceedings described in 

16 paragraph (1). 

17 ‘‘(d) JUDICIAL REVIEW.—Orders and actions of the 

18 Director of the Office of Management and Budget in the 

19 exercise of functions of the Commission under section 

20 1002 shall be subject to judicial review to the same extent 

21 and in the same manner as if such orders and actions had 

22 been issued or taken by the Commission. Any require23 ments relating to notice, hearings, action upon the record, 

24 or administrative review that apply to any function of the 


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1 Commission shall apply to the exercise of such function 

2 by the Director. 

3 ‘‘SEC. 1004. RETURN TO FEDERAL ELECTION COMMISSION 

4 OF AUTHORITY TO CARRY OUT CERTAIN 

5 FUNCTIONS UNDER NATIONAL VOTER REG6 ISTRATION ACT OF 1993. 

7 ‘‘Effective on the Commission termination date, there 

8 are transferred to the Federal Election Commission any 

9 functions transferred to the Election Assistance Commis10 sion under section 802 (relating to functions described in 

11 section 9(a) of the National Voter Registration Act of 

12 1993). 

13 ‘‘SEC. 1005. COMMISSION TERMINATION DATE. 

14 ‘‘The ‘Commission termination date’ is the first date 

15 following the expiration of the 60-day period that begins 

16 on the date of the enactment of this title.’’. 

17 (b) TERMINATION OF TECHNICAL GUIDELINES DE18 VELOPMENT COMMITTEE.—Section 221 of such Act (42 

19 U.S.C. 15361) is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(g) TERMINATION.—Effective on the Commission 

22 termination date described in section 1005, the Develop23 ment Committee is terminated.’’. 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 of such Act is amended by adding at the end the following: 

‘‘TITLE X—TERMINATION OF COMMISSION 


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‘‘Sec. 1001. Termination. 

‘‘Sec. 1002. Office of Management and Budget to perform transition functions. 

‘‘Sec. 1003. Savings provisions. 

‘‘Sec. 1004. Return to Federal Election Commission of authority to carry out 

certain functions under National Voter Registration Act of 

1993. 

‘‘Sec. 1005. Commission termination date.’’. 

1 SEC. 3. CONFORMING AMENDMENTS RELATING TO RETURN 

2 OF CERTAIN AUTHORITY TO FEDERAL ELEC3 TION COMMISSION. 

4 (a) FEDERAL ELECTION CAMPAIGN ACT OF 1971.— 

5 Section 311(a) of the Federal Election Campaign Act of 

6 1971 (2 U.S.C. 438(a)) is amended— 

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (8); 

9 (2) by striking the period at the end of para10 graph (9) and inserting a semicolon; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(10) carry out the duties described in section 

14 9(a) of the National Voter Registration Act of 

15 1993.’’. 

16 (b) NATIONAL VOTER REGISTRATION ACT OF

17 1993.—Section 9(a) of the National Voter Registration 

18 Act of 1993 (42 U.S.C. 1973gg–7(a)) is amended by strik19 ing ‘‘Election Assistance Commission’’ and inserting 

20 ‘‘Federal Election Commission’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on the Commission termiVerDate Mar 15 2010 02:52 Dec 13, 2013 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1994.RH H1994

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1 nation date described in section 1005 of the Help America 

2 Vote Act of 2002 (as added by section 2(a)). 


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Union Calendar No. 211 

113TH CONGRESS 

1ST SESSION H. R. 1994 

[Report No. 113–293] 

A BILL 

To terminate the Election Assistance Commission. 

DECEMBER 12, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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