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, termi-
nated, superseded, or revoked by an authorized Fed-
eral official, a court of competent jurisdiction, or op-
eration of law. 
‘‘(3) 
CONSTRUCTION
RELATING
TO
DIS-
CONTINUANCE OR MODIFICATION.—Nothing in this 
subsection shall be deemed to prohibit the dis-
continuance or modification of any proceeding de-
scribed in paragraph (1) under the same terms and 
conditions and to the same extent that such pro-
ceeding could have been discontinued or modified if 
the Commission had not been terminated. 
‘‘(4) REGULATIONS
FOR
TRANSFER
OF
PRO-
CEEDINGS.—The Director of the Office of Manage-
ment and Budget may issue regulations providing 
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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 Com-
mission shall be subject to judicial review to the same ex-
tent and in the same manner as if such orders and actions 
had been issued or taken by the Commission. Any require-
ments 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 sec-
tion, 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 Budg-
et under section 1002; or 
‘‘(2) the head of the office to which a function 
is transferred under subtitle B, to the extent that 
the proceeding, order, or action relates to such a 
function. 
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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. TESTING AND CERTIFICATION OF VOTING SYS-
TEM HARDWARE AND SOFTWARE. 
‘‘(a) TRANSFER TO NATIONAL INSTITUTE OF STAND-
ARDS AND TECHNOLOGY.—There are transferred to the 
National Institute of Standards and Technology all func-
tions that the Office of Voting System Testing and Certifi-
cation of the Commission (hereafter in this section re-
ferred to as the ‘Office’) exercised under subtitle B of title 
II before the date of enactment of this title. 
‘‘(b) TRANSFER OF PROPERTY, RECORDS, AND PER-
SONNEL.— 
‘‘(1) 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 trans-
ferred and made available to the National Institute 
of Standards and Technology. 
‘‘(2) PERSONNEL.— 
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‘‘(A) IN GENERAL.—The personnel of the 
Office are transferred to the National Institute 
of Standards and Technology, 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. 
‘‘(B) TREATMENT OF EMPLOYEES AT TIME 
OF TRANSFER.—An individual who is an em-
ployee 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. 
‘‘SEC. 1012. TRANSFER OF ELECTION ADMINISTRATION 
FUNCTIONS TO FEDERAL ELECTION COMMIS-
SION. 
‘‘There are transferred to the Federal Election Com-
mission (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 the requirements for 
notice and comment described in section 222(a) (but 
without regard to any requirements of section 222 
that relate to the Technical Guidelines Development 
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Committee, the Board of Advisors, or the Standards 
Board). 
‘‘(2) The maintenance of a clearinghouse of in-
formation on the experiences of State and local gov-
ernments in implementing voluntary voting system 
guidelines and in operating voting systems in gen-
eral. 
‘‘(3) 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. 
‘‘(4) Any functions transferred to the Commis-
sion under section 801 (relating to functions of the 
former Office of Election Administration of the 
FEC). 
‘‘(5) Any functions transferred to the Commis-
sion under section 802 (relating to functions de-
scribed in section 9(a) of the National Voter Reg-
istration Act of 1993). 
‘‘(6) Any functions of the Commission under 
section 1604(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 
115 Stat. 1277; 42 U.S.C. 1977ff note) (relating to 
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establishing guidelines and providing technical as-
sistance with respect to electronic voting demonstra-
tion projects of the Secretary of Defense). 
‘‘(7) 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)) (re-
lating to providing technical assistance with respect 
to technology pilot programs for the benefit of ab-
sent uniformed services voters and overseas voters). 
‘‘SEC. 1013. 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 dur-
ing transition. 
‘‘Sec. 1003. Savings provisions. 
‘‘Sec. 1004. Commission termination date. 
‘‘Subtitle B—Transfer of Certain Authorities 
‘‘Sec. 1011. Testing and certification of voting system hardware and software. 
‘‘Sec. 1012. Transfer of election administration functions to Federal Election 
Commission. 
‘‘Sec. 1013. Effective date.’’. 
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SEC. 2. CONFORMING AMENDMENTS RELATING TO FUNC-
TIONS TRANSFERRED TO NATIONAL INSTI-
TUTE OF STANDARDS AND TECHNOLOGY. 
(a) IN GENERAL.—Section 231 of the Help America 
Vote Act of 2002 (42 U.S.C. 15371) is amended by adding 
at the end the following new subsection: 
‘‘(e) TRANSFER OF AUTHORITY TO NATIONAL INSTI-
TUTE OF STANDARDS AND TECHNOLOGY.— 
‘‘(1) TRANSFER.—Effective on the Commission 
termination date described in section 1004, the Di-
rector of the National Institute of Standards and 
Technology shall be responsible for— 
‘‘(A) providing for the testing, certifi-
cation, decertification, and recertification of 
voting system hardware and software by accred-
ited laboratories; 
‘‘(B) the accreditation of laboratories for 
purposes of the activities described in subpara-
graph (A); and 
‘‘(C) carrying out any other authorities 
that were the responsibility of the Commission 
under this subtitle prior to such date. 
‘‘(2) AUTHORIZATION TO ENTER INTO PRIVATE 
CONTRACTS TO CARRY OUT FUNCTIONS.—Subject to 
applicable laws, the Director may enter into con-
tracts with private entities to carry out any of the 
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authorities that are the responsibility of the Director 
under paragraph (1).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the Commission termi-
nation date described in section 1004 of the Help America 
Vote Act of 2002 (as added by section 1(a)). 
SEC. 3. CONFORMING AMENDMENTS RELATING TO FUNC-
TIONS TRANSFERRED TO FEDERAL ELEC-
TION COMMISSION. 
(a) INCLUSION IN DUTIES OF COMMISSION.— 
(1) IN GENERAL.—Section 311(a) of the Fed-
eral Election Campaign Act of 1971 (2 U.S.C. 
438(a)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (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 vot-
ing system guidelines; 
‘‘(11) 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; 
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‘‘(12) carry out the duties described in section 
9(a) of the National Voter Registration Act of 1993; 
‘‘(13) develop a standardized format for reports 
submitted by States under section 102(c) of the Uni-
formed and Overseas Citizens Absentee Voting Act, 
make such format available to States and units of 
local government submitting such reports, and re-
ceive such reports in accordance with section 102(c) 
of such Act; 
‘‘(14) 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 
‘‘(15) carry out the duties described in section 
589(e)(1) of the Military and Overseas Voter Em-
powerment 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 add-
ing 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 Com-
mission under paragraphs (10) through (15) of subsection 
(a).’’. 
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(b) TERMINATION OF TECHNICAL GUIDELINES DE-
VELOPMENT
COMMITTEE.—Section 221 of the Help 
America Vote Act of 2002 (42 U.S.C. 15361) is amended 
by adding at the end the following new subsection: 
‘‘(g) TERMINATION.—Effective on the Commission 
termination date described in section 1004, the Develop-
ment Committee is terminated.’’. 
(c) CONFORMING AMENDMENT TO NATIONAL VOTER 
REGISTRATION ACT OF 1993.—Section 9(a) of the Na-
tional Voter Registration Act of 1993 (42 U.S.C. 1973gg– 
7(a)) is amended by striking ‘‘Election Assistance Com-
mission’’ and inserting ‘‘Federal Election Commission’’. 
(d) UNIFORMED AND OVERSEAS CITIZENS ABSEN-
TEE VOTING ACT.— 
(1) DEVELOPMENT OF STANDARDS FOR STATE 
REPORTS.—Section 101(b)(11) of the Uniformed 
and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff(b)(11)) is amended by striking ‘‘the 
Election Assistance Commission’’ and inserting ‘‘the 
Federal Election Commission’’. 
(2) RECEIPT OF REPORTS ON NUMBER OF AB-
SENTEE 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 
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Vote Act of 2002)’’ and inserting ‘‘the Federal Elec-
tion Commission’’. 
(e) 
ELECTRONIC
VOTING
DEMONSTRATION 
PROJECTS
FOR
SECRETARY
OF
DEFENSE.—Section 
1604(a)(2) of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1277; 
42 U.S.C. 1977ff note) is amended by striking ‘‘the Elec-
tion Assistance Commission’’ and inserting ‘‘the Federal 
Election Commission’’. 
(f) 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’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the Commission termi-
nation date described in section 1004 of the Help America 
Vote Act of 2002 (as added by section 1(a)). 
SEC. 4. CONFORMING AMENDMENTS RELATING TO TERMI-
NATION. 
(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’’. 
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