IB 

Union Calendar No. 275 

114TH CONGRESS 

1ST SESSION H. R. 195 

[Report No. 114–361] 

To terminate the Election Assistance Commission. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2015 

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

Committee on House Administration 

DECEMBER 3, 2015 

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. 

4 This Act may be cited as the ‘‘Election Assistance 

5 Commission Termination Act’’. 

6 SEC. 2. TERMINATION OF ELECTION ASSISTANCE COMMIS7 SION. 

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

9 2002 (52 U.S.C. 20901 et seq.) is amended by adding at 

10 the end the following new title: 

11 ‘‘TITLE X—TERMINATION OF 

12 COMMISSION 

13 ‘‘SEC. 1001. TERMINATION. 

14 ‘‘Effective on the Commission termination date, the 

15 Commission (including the Election Assistance Commis16 sion Standards Board and the Election Assistance Com17 mission Board of Advisors under part 2 of subtitle A of 

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

19 or activities. 

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

21 PERFORM TRANSITION FUNCTIONS. 

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

23 the Office of Management and Budget shall, effective 

24 upon the Commission termination date— 


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

2 with respect to contracts and agreements described 

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

4 contracts and agreements, but shall not renew any 

5 such contract or agreement; and 

6 ‘‘(2) take the necessary steps to wind up the af7 fairs of the Commission. 

8 ‘‘SEC. 1003. SAVINGS PROVISIONS. 

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

10 Commission under this title shall not affect any contract 

11 that has been entered into by the Commission before the 

12 Commission termination date. All such contracts shall 

13 continue in effect until modified, superseded, terminated, 

14 set aside, or revoked in accordance with law by an author15 ized Federal official, a court of competent jurisdiction, or 

16 operation of law. 

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

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

19 Commission under this title shall not affect the au20 thority of any recipient of a payment made by the 

21 Commission under this Act prior to the Commission 

22 termination date to use any portion of the payment 

23 that remains unobligated as of the Commission ter24 mination date, and the terms and conditions that 


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

2 payment was made shall continue to apply. 

3 ‘‘(2) SPECIAL RULE FOR STATES RECEIVING

4 REQUIREMENTS PAYMENTS.—In the case of a re5 quirements payment made to a State under part 1 

6 of subtitle D of title II, the terms and conditions ap7 plicable to the use of the payment for purposes of 

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

9 as any obligations in effect prior to the termination 

10 of the Commission under this subtitle), and for pur11 poses of any applicable requirements imposed by 

12 regulations promulgated by the Director of the Of13 fice of Management and Budget, shall be the general 

14 terms and conditions applicable under Federal law, 

15 rules, and regulations to payments made by the Fed16 eral Government to a State, except that to the ex17 tent that such general terms and conditions are in18 consistent with the terms and conditions that are 

19 specified under part 1 of subtitle D of title II or sec20 tion 902, the terms and conditions specified under 

21 such part and such section shall apply. 

22 ‘‘(c) PENDING PROCEEDINGS.— 

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

24 The termination of the Commission under this title 

25 shall not affect any proceeding to which the ComVerDate Sep 11 2014 20:22 Dec 03, 2015 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H195.RH H195

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1 mission is a party that is pending on the Commis2 sion termination date, including any suit to which 

3 the Commission is a party that is commenced prior 

4 to such date, and the Director of the Office of Man5 agement and Budget shall be substituted or added 

6 as a party to the proceeding. 

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

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

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

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

11 the Commission had not been terminated. Any such 

12 order shall continue in effect until modified, termi13 nated, superseded, or revoked by an authorized Fed14 eral official, a court of competent jurisdiction, or op15 eration of law. 

16 ‘‘(3) CONSTRUCTION RELATING TO DIS17 CONTINUANCE OR MODIFICATION.—Nothing in this 

18 subsection shall be deemed to prohibit the dis19 continuance or modification of any proceeding de20 scribed in paragraph (1) under the same terms and 

21 conditions and to the same extent that such pro22 ceeding could have been discontinued or modified if 

23 the Commission had not been terminated. 

24 ‘‘(4) REGULATIONS FOR TRANSFER OF PRO25 CEEDINGS.—The Director of the Office of ManageVerDate Sep 11 2014 20:22 Dec 03, 2015 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H195.RH H195

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1 ment and Budget may issue regulations providing 

2 for the orderly transfer of proceedings described in 

3 paragraph (1). 

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

5 Director of the Office of Management and Budget in the 

6 exercise of functions of the Commission under section 

7 1002 shall be subject to judicial review to the same extent 

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

9 been issued or taken by the Commission. Any require10 ments relating to notice, hearings, action upon the record, 

11 or administrative review that apply to any function of the 

12 Commission shall apply to the exercise of such function 

13 by the Director. 

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

15 OF AUTHORITY TO CARRY OUT CERTAIN 

16 FUNCTIONS UNDER NATIONAL VOTER REG17 ISTRATION ACT OF 1993. 

18 ‘‘Effective on the Commission termination date, there 

19 are transferred to the Federal Election Commission any 

20 functions transferred to the Election Assistance Commis21 sion under section 802 (relating to functions described in 

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

23 1993). 


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1 ‘‘SEC. 1005. COMMISSION TERMINATION DATE. 

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

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

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

5 (b) TERMINATION OF TECHNICAL GUIDELINES DE6 VELOPMENT COMMITTEE.—Section 221 of such Act (52 

7 U.S.C. 20961) is amended by adding at the end the fol8 lowing new subsection: 

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

10 termination date described in section 1005, the Develop11 ment Committee is terminated.’’. 

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

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

‘‘TITLE X—TERMINATION OF COMMISSION 

‘‘Sec. 1001. Termination. 

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

‘‘Sec. 1003. Savings provisions. 

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

certain functions under National Voter Registration Act of 

1993. 

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

14 SEC. 3. CONFORMING AMENDMENTS RELATING TO RETURN 

15 OF CERTAIN AUTHORITY TO FEDERAL ELEC16 TION COMMISSION. 

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

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

19 1971 (52 U.S.C. 30111(a)) is amended— 

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

21 (8); 


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1 (2) by striking the period at the end of para2 graph (9) and inserting a semicolon; and 

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

4 paragraph: 

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

6 9(a) of the National Voter Registration Act of 

7 1993.’’. 

8 (b) NATIONAL VOTER REGISTRATION ACT OF

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

10 Act of 1993 (52 U.S.C. 20508(a)) is amended by striking 

11 ‘‘Election Assistance Commission’’ and inserting ‘‘Federal 

12 Election Commission’’. 

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

14 this section shall take effect on the Commission termi15 nation date described in section 1005 of the Help America 

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


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Union Calendar No. 275 

114TH CONGRESS 

1ST SESSION H. R. 195 

[Report No. 114–361] 

A BILL 

To terminate the Election Assistance Commission. 

DECEMBER 3, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSK5SPTVN1PROD with BILLS