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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continue in effect until modified, superseded, terminated, 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) Two members appointed by the National 
Conference of State Legislatures. 
‘‘(3) Two members appointed by the National 
Association of Secretaries of State. 
‘‘(4) Two members appointed by the National 
Association of State Election Directors. 
‘‘(5) Two members appointed by the National 
Association of County Recorders, Election Adminis-
trators, and Clerks. 
‘‘(6) Two members appointed by the Election 
Center. 
‘‘(7) Two members appointed by the Inter-
national Association of County Recorders, Election 
Officials, and Treasurers. 
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‘‘(8) Two members appointed by the United 
States Commission on Civil Rights. 
‘‘(9) Two members appointed by the Architec-
tural 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) Four 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) Four members representing voter inter-
ests, 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 two 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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‘‘(1) IN
GENERAL.—Not later than 60 days 
after the day on which the appointment of its mem-
bers is completed, the Board shall select nine of its 
members to serve as the Executive Board of the 
Guidelines Review Board, of whom— 
‘‘(A) not more than five may be State elec-
tion officials; 
‘‘(B) not more than five may be local elec-
tion officials; and 
‘‘(C) not more than five 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) three shall serve for 1 term; 
‘‘(B) three shall serve for 2 consecutive 
terms; and 
‘‘(C) three shall serve for 3 consecutive 
terms, 
as determined by lot at the time the members are 
first appointed. 
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