IB 
Union Calendar No. 55 
112TH CONGRESS 
1ST SESSION 
H. R. 672 
[Report No. 112–100, Part 1] 
To terminate the Election Assistance Commission, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2011 
Mr. HARPER (for himself, Mr. DANIEL E. LUNGREN of California, Mr. 
GINGREY of Georgia, and Mr. ROKITA) introduced the following bill; 
which was referred to the Committee on House Administration, and in 
addition to the Committee on Science, Space, and Technology, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
JUNE 2, 2011 
Additional sponsors: Mr. MILLER of Florida, Mr. POSEY, Mr. SULLIVAN, Mr. 
GOHMERT, Mr. FLEMING, Mr. FINCHER, Mr. BENISHEK, Mr. BISHOP of 
Utah, Mr. BARTLETT, Mr. RIGELL, Mr. CAMPBELL, Mr. HERGER, Mr. 
BROOKS, Mr. HARRIS, Mr. THOMPSON of Pennsylvania, Mr. MARCHANT, 
Mr. NUGENT, Mr. WESTMORELAND, and Mr. COFFMAN of Colorado 
JUNE 2, 2011 
Reported from the Committee on House Administration with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JUNE 2, 2011 
Committee on Science, Space, and Technology discharged; committed to the 
Committee of the Whole House on the State of the Union and ordered 
to be printed 
[For text of introduced bill, see copy of bill as introduced on February 11, 2011] 
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A BILL 
To terminate the Election Assistance Commission, and for 
other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Election Support Con-
solidation and Efficiency Act’’. 
SEC. 2. TERMINATION OF ELECTION ASSISTANCE COMMIS-
SION. 
(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 ac-
tivities. 
‘‘SEC. 1002. TRANSFER OF OPERATIONS TO OFFICE OF MAN-
AGEMENT AND BUDGET DURING TRANSITION. 
‘‘(a) IN GENERAL.—The Director of the Office of Man-
agement and Budget shall, effective upon the Commission 
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 con-
tracts 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 re-
spect 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 contract 
that has been entered into by the Commission before the 
Commission termination date. All such contracts shall con-
tinue 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 oper-
ation of law. 
‘‘(b) OBLIGATIONS OF RECIPIENTS OF PAYMENTS.— 
‘‘(1) IN GENERAL.—The termination of the Com-
mission under this subtitle shall not affect the author-
ity of any recipient of a payment made by the Com-
mission under this Act prior to the Commission ter-
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mination date to use any portion of the payment that 
remains unobligated as of the Commission termi-
nation date, and the terms and conditions that ap-
plied to the use of the payment at the time the pay-
ment was made shall continue to apply. 
‘‘(2) SPECIAL RULE FOR STATES RECEIVING RE-
QUIREMENTS PAYMENTS.—In the case of a require-
ments payment made to a State under part 1 of sub-
title 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 obli-
gations in effect prior to the termination of the Com-
mission under this subtitle), and for purposes of any 
applicable requirements imposed by regulations pro-
mulgated 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 sub-
title D of title II or section 902, the terms and condi-
tions 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 Com-
mission is a party that is pending on such date, in-
cluding any suit to which the Commission is a party 
that is commenced prior to such date, and the appli-
cable 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 Com-
mission had not been terminated. Any such order 
shall continue in effect until modified, terminated, su-
perseded, or revoked by an authorized Federal official, 
a court of competent jurisdiction, or operation of law. 
‘‘(3) CONSTRUCTION RELATING TO DISCONTINU-
ANCE OR MODIFICATION.—Nothing in this subsection 
shall be deemed to prohibit the discontinuance or 
modification of any proceeding described in para-
graph (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. 
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‘‘(4) REGULATIONS
FOR
TRANSFER
OF
PRO-
CEEDINGS.—The Director of the Office of Management 
and Budget may issue regulations providing for the 
orderly transfer of proceedings described in para-
graph (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 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 ad-
ministrative review that apply to any function of the Com-
mission 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 pro-
ceeding, 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 Direc-
tor of the Office of Management and Budget under 
section 1002; or 
‘‘(2) the Federal Election Commission, to the ex-
tent 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 general. 
‘‘(4) The development of a standardized format 
for reports submitted by States under section 102(c) 
of the Uniformed and Overseas Citizens Absentee Vot-
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ing 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 described 
in section 9(a) of the National Voter Registration Act 
of 1993). 
‘‘(7) Any functions of the Commission under sec-
tion 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 estab-
lishing guidelines and providing technical assistance 
with respect to electronic voting demonstration 
projects of the Secretary of Defense). 
‘‘(8) Any functions of the Commission under sec-
tion 589(e)(1) of the Military and Overseas Voter 
Empowerment Act (42 U.S.C. 1973ff–7(e)(1)) (relat-
ing to providing technical assistance with respect to 
technology pilot programs for the benefit of absent 
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 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’). 
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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 Asso-
ciation of Secretaries of State. 
‘‘(4) 2 members appointed by the National Asso-
ciation of State Election Directors. 
‘‘(5) 2 members appointed by the National Asso-
ciation of County Recorders, Election Administrators, 
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 Assist-
ance 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 Ma-
jority 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 Com-
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mittee on House Administration of the House of 
Representatives; and 
‘‘(B) one each shall be appointed by the 
chair and ranking minority member of the Com-
mittee on Rules and Administration of the Sen-
ate. 
‘‘(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
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 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 re-
appointed. 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 
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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. 
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‘‘(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 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 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 system guide-
lines referred to it under section 222; and 
‘‘(B) at such other times as it considers ap-
propriate for purposes of conducting such other 
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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 nec-
essary 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 du-
ties under this title. 
‘‘(e) NO COMPENSATION FOR SERVICE.—Members of 
the Board shall not receive any compensation for their serv-
ice, 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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‘‘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 construed 
to limit personal liability for criminal acts or omissions, 
willful or malicious misconduct, acts or omissions for pri-
vate 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 subpara-
graph (A) as clause (ii); and 
(C) in subparagraph (D), by striking 
‘‘Standards Board or Board of Advisors’’ and 
inserting ‘‘Guidelines Review Board’’. 
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(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 insert-
ing ‘‘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 Guide-
lines 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’’. 
(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 Advi-
sors and the Standards Board’’ each place it appears 
in paragraphs (1) and (2) and inserting ‘‘the Guide-
lines Review Board’’. 
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(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 
Standards Board and the Board of Advisors’’ and in-
serting ‘‘the Guidelines Review Board’’. 
(6) ASSISTING
FEC
WITH
DEVELOPMENT
OF 
STANDARDIZED FORMAT FOR REPORTS ON ABSENTEE 
BALLOTS
OF
ABSENT
UNIFORMED
SERVICES
AND 
OVERSEAS VOTERS.—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)). 
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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 ELEC-
TION COMMISSION. 
‘‘(a) TRANSFER.—Effective on the Commission termi-
nation 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 con-
tents 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.’’. 
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(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 ELEC-
TION COMMISSION. 
‘‘(a) TRANSFER.— 
‘‘(1) IN GENERAL.—Effective on the Commission 
termination date described in section 1004, the Fed-
eral Election Commission (hereafter in this section re-
ferred to as the ‘FEC’) shall be responsible for car-
rying 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 TEST-
ING 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 (here-
after in this section referred to as the ‘Office’) exer-
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cised under this subtitle before the Commission termi-
nation date. 
‘‘(2) TRANSFER OF PROPERTY, RECORDS, AND 
PERSONNEL.— 
‘‘(A) PROPERTY AND RECORDS.—The con-
tracts, liabilities, records, property, appropria-
tions, and other assets and interests of the Office, 
together with the unexpended balances of any ap-
propriations or other funds available to the Of-
fice, 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 per-
sonnel 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.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by adding at the end of 
the items relating to subtitle B of title II the fol-
lowing: 
‘‘Sec. 232. Transfer of authority to Federal Election Commission.’’. 
(c) DEVELOPMENT OF STANDARDIZED FORMAT FOR 
REPORTS
ON ABSENTEE BALLOTING
BY ABSENT UNI-
FORMED SERVICES VOTERS AND OVERSEAS VOTERS.—Sec-
tion 703(b) of such Act (42 U.S.C. 1973ff–1 note) is amend-
ed 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 car-
rying 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 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: 
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‘‘(10) provide for the adoption of voluntary vot-
ing 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, decer-
tification, and recertification of voting system hard-
ware and software by accredited laboratories, in ac-
cordance with subtitle B of title II of the Help Amer-
ica 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 Uni-
formed 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 
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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 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 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 Commis-
sion under paragraphs (10) through (16) of subsection (a).’’. 
(3) LIMITATION ON AUTHORITY TO IMPOSE RE-
QUIREMENTS ON STATES AND UNITS OF LOCAL GOV-
ERNMENT.—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 sub-
section (a) or any other provision of this Act shall be con-
strued 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 
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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’’. 
(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 Com-
mission (established under the Help America Vote Act 
of 2002)’’ and inserting ‘‘the Federal Election Com-
mission’’. 
(d) ELECTRONIC VOTING DEMONSTRATION PROJECTS 
FOR SECRETARY OF DEFENSE.—Section 1604(a)(2) of the 
National Defense Authorization Act for Fiscal Year 2002 
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(Public Law 107–107; 115 Stat. 1277; 42 U.S.C. 1977ff 
note) is amended by striking ‘‘the Election Assistance Com-
mission’’ and inserting ‘‘the Federal Election Commission’’. 
(e) TECHNOLOGY PILOT PROGRAM FOR ABSENT MILI-
TARY 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 Commis-
sion’’. 
(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 Elec-
tion 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 Com-
mission,’’. 
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(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 con-
duct a study of the procedures used to adopt and 
modify the voluntary voting system guidelines appli-
cable to the administration of elections for Federal of-
fice, 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 disabil-
ities, 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 in-
clude in the report the recommendations developed 
under such paragraph. 
(b) PROCEDURES FOR VOTING SYSTEM TESTING AND 
CERTIFICATION.— 
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(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 elec-
tions for Federal office, and shall develop a rec-
ommendation on the entity that is best suited to over-
see and carry out such procedures, taking into consid-
eration the needs of persons affected by such proce-
dures, including State and local election officials, vot-
ers with disabilities, absent military and overseas vot-
ers, 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 in-
clude in the report the recommendation developed 
under such paragraph. 
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Union Calendar No. 55 
112TH CONGRESS 
1ST SESSION 
H. R. 672 
[Report No. 112–100, Part 1] 
A BILL 
To terminate the Election Assistance Commission, 
and for other purposes. 
JUNE 2, 2011 
Reported from the Committee on House Administration 
with an amendment 
JUNE 2, 2011 
Committee on Science, Space, and Technology dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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