TITLE I—TERMINATION OF TAX-
PAYER FINANCING OF PRESI-
DENTIAL 
ELECTION 
CAM-
PAIGNS 
SECTION 101. TERMINATION OF TAXPAYER FINANCING OF 
PRESIDENTIAL ELECTION CAMPAIGNS. 
(a) TERMINATION OF DESIGNATION OF INCOME TAX 
PAYMENTS.—Section 6096 of the Internal Revenue Code 
of 1986 is amended by adding at the end the following 
new subsection: 
‘‘(d) TERMINATION.—This section shall not apply to 
taxable years beginning after December 31, 2010.’’. 
(b) TERMINATION OF FUND AND ACCOUNT.— 
(1) TERMINATION OF PRESIDENTIAL ELECTION 
CAMPAIGN FUND.— 
(A) IN GENERAL.—Chapter 95 of subtitle 
H of such Code is amended by adding at the 
end the following new section: 
‘‘SEC. 9014. TERMINATION. 
‘‘The provisions of this chapter shall not apply with 
respect to any presidential election (or any presidential 
nominating convention) after the date of the enactment 
of this section, or to any candidate in such an election.’’. 
(B) TRANSFER OF EXCESS FUNDS TO GEN-
ERAL
FUND.—Section 9006 of such Code is 
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amended by adding at the end the following 
new subsection: 
‘‘(d) TRANSFER OF FUNDS REMAINING AFTER TER-
MINATION.—The Secretary shall transfer all amounts in 
the fund after the date of the enactment of this section 
to the general fund of the Treasury, to be used only for 
reducing the deficit.’’. 
(2) TERMINATION OF ACCOUNT.—Chapter 96 
of subtitle H of such Code is amended by adding at 
the end the following new section: 
‘‘SEC. 9043. TERMINATION. 
‘‘The provisions of this chapter shall not apply to any 
candidate with respect to any presidential election after 
the date of the enactment of this section.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) The table of sections for chapter 95 of sub-
title H of such Code is amended by adding at the 
end the following new item: 
‘‘Sec. 9014. Termination.’’. 
(2) The table of sections for chapter 96 of sub-
title H of such Code is amended by adding at the 
end the following new item: 
‘‘Sec. 9043. Termination.’’. 
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TITLE 
II—TERMINATION 
OF 
ELECTION ASSISTANCE COM-
MISSION 
SEC. 201. TERMINATION OF ELECTION ASSISTANCE COM-
MISSION. 
(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 Commis-
sion Standards Board and the Election Assistance Com-
mission 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 MAN-
AGEMENT AND BUDGET DURING TRANSI-
TION. 
‘‘(a) IN GENERAL.—The Director of the Office of 
Management and Budget shall, effective upon the Com-
mission termination date— 
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‘‘(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 trans-
ferred under subtitle B. 
‘‘SEC. 1003. SAVINGS PROVISIONS. 
‘‘(a) PRIOR CONTRACTS.—The termination of the 
Commission under this subtitle shall not affect any con-
tract 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 author-
ized 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 
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termination date to use any portion of the payment 
that remains unobligated as of the Commission ter-
mination 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 re-
quirements payment made to a State under part 1 
of subtitle D of title II, the terms and conditions ap-
plicable 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 pur-
poses of any applicable requirements imposed by 
regulations promulgated by the Director of the Of-
fice of Management and Budget, shall be the general 
terms and conditions applicable under Federal law, 
rules, and regulations to payments made by the Fed-
eral government to a State, except that to the extent 
that such general terms and conditions are incon-
sistent with the terms and conditions that are speci-
fied 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.— 
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‘‘(1) NO EFFECT ON PENDING PROCEEDINGS.— 
The termination of the Commission under this sub-
title 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, 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. 
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‘‘(4) REGULATIONS
FOR
TRANSFER
OF
PRO-
CEEDINGS.—The Director of the Office of Manage-
ment 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 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 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 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 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 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. 
‘‘(4) The development of a standardized format 
for reports submitted by States under section 102(c) 
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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 Commis-
sion under section 801 (relating to functions of the 
former Office of Election Administration of the 
FEC). 
‘‘(6) 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). 
‘‘(7) 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 
establishing guidelines and providing technical as-
sistance with respect to electronic voting demonstra-
tion 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)) (re-
lating to providing technical assistance with respect 
to technology pilot programs for the benefit of ab-
sent uniformed services voters and overseas voters). 
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‘‘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 dur-
ing 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. 202. REPLACEMENT OF STANDARDS BOARD AND 
BOARD OF ADVISORS WITH GUIDELINES RE-
VIEW 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’). 
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‘‘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 Con-
ference of State Legislatures. 
‘‘(3) 2 members appointed by the National As-
sociation of Secretaries of State. 
‘‘(4) 2 members appointed by the National As-
sociation of State Election Directors. 
‘‘(5) 2 members appointed by the National As-
sociation of County Recorders, Election Administra-
tors, and Clerks. 
‘‘(6) 2 members appointed by the Election Cen-
ter. 
‘‘(7) 2 members appointed by the International 
Association of County Recorders, Election Officials, 
and Treasurers. 
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‘‘(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 As-
sistance Program of the Department of Defense. 
‘‘(12) The Director of the National Institute of 
Standards and Technology or the Director’s des-
ignee. 
‘‘(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— 
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‘‘(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 re-
gions of the United States. 
‘‘(2) SPECIAL
RULE
FOR
CERTAIN
APPOINT-
MENTS.—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 mem-
bers 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 re-
appointed. Any vacancy in the Board shall be filled in the 
manner in which the original appointment was made. 
‘‘(d) EXECUTIVE BOARD.— 
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‘‘(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 appro-
priate 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 Execu-
tive 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 Commis-
sion, the Board may hold such hearings for the pur-
pose 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 testi-
mony of witnesses or the production of any evidence. 
‘‘(2) MEETINGS.—The Board shall hold a meet-
ing of its members— 
‘‘(A) not less frequently than once every 2 
years for purposes selecting the Executive 
Board and voting on the voluntary voting sys-
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tem 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 con-
sistent with this title. 
‘‘(b) INFORMATION FROM FEDERAL AGENCIES.— 
The Board may secure directly from any Federal depart-
ment or agency such information as the Board considers 
necessary to carry out this Act. Upon request of the Exec-
utive 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 sup-
port 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 
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diem in lieu of subsistence, at rates authorized for employ-
ees 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 PUR-
POSES 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 con-
strued to limit personal liability for criminal acts or omis-
sions, 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: 
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‘‘(i) Members of the Guidelines Re-
view Board.’’; 
(B) by redesignating clause (iii) of sub-
paragraph (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
GUIDE-
LINES.—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 in-
serting ‘‘GUIDELINES REVIEW BOARD’’; and 
(B) by striking paragraphs (2) and (3) and 
inserting the following: 
‘‘(2) GUIDELINES REVIEW BOARD.—The Execu-
tive 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.—Sec-
tion 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’’. 
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(4) FINAL
ADOPTION
OF
PROPOSED
GUIDE-
LINES.—Section 222(d) of such Act (42 U.S.C. 
15362(d)) is amended by striking ‘‘the Board of Ad-
visors and the Standards Board’’ each place it ap-
pears in paragraphs (1) and (2) and inserting ‘‘the 
Guidelines Review Board’’. 
(5) ASSISTANCE WITH NIST REVIEW OF TEST-
ING LABORATORIES.—Section 231(c)(1) of such Act 
(42 U.S.C. 15371(c)(1)) is amended by striking ‘‘the 
Standards Board and the Board of Advisors’’ and 
inserting ‘‘the Guidelines Review Board’’. 
(6) ASSISTING
FEC
WITH
DEVELOPMENT
OF 
STANDARDIZED FORMAT FOR REPORTS ON ABSEN-
TEE
BALLOTS
OF
ABSENT
UNIFORMED
SERVICES 
AND
OVERSEAS
VOTERS.—Section 703(b) of such 
Act (42 U.S.C. 1973ff–1 note) is amended by strik-
ing ‘‘the Election Assistance Commission Board of 
Advisors and the Election Assistance Commission 
Standards Board’’ and inserting ‘‘the Guidelines Re-
view 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. 
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