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H.R. 672 (112th): Election Support Consolidation and Efficiency Act

The text of the bill below is as of Feb 11, 2011 (Introduced).


I

112th CONGRESS

1st Session

H. R. 672

IN THE HOUSE OF REPRESENTATIVES

February 11, 2011

(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 period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To terminate the Election Assistance Commission, and for other purposes.

1.

Termination of Election Assistance Commission

(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:

X

Termination of Commission

A

Termination

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 activities.

1002.

Transfer of operations to office of management and budget during transition

(a)

In General

The Director of the Office of Management and Budget shall, effective upon the Commission termination date—

(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 transferred under subtitle B.

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 All such contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by an authorized Federal official, a court of competent jurisdiction, or operation of law.

(b)

Obligations of recipients of payments

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 termination date to use any portion of the grant or payment that remains unobligated as of the Commission termination 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.

(c)

Pending proceedings

(1)

No effect on pending proceedings

The termination of the Commission under this subtitle 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, terminated, superseded, or revoked by an authorized Federal official, a court of competent jurisdiction, or operation of law.

(3)

Construction relating to discontinuance or modification

Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (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.

(4)

Regulations for transfer of proceedings

The Director of the Office of Management 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 Commission 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 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 section, 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 Budget 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.

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.

B

Transfer of Certain Authorities

1011.

Testing and certification of voting system hardware and software

(a)

Transfer to National Institute of Standards and Technology

There are transferred to the National Institute of Standards and Technology all functions that the Office of Voting System Testing and Certification of the Commission (hereafter in this section referred 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 Personnel

(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 transferred and made available to the National Institute of Standards and Technology.

(2)

Personnel

(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 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.

1012.

Transfer of election administration functions to federal election commission

There are transferred to the Federal Election Commission (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 Committee, the Board of Advisors, or the Standards Board).

(2)

The maintenance of 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.

(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 Commission under section 801 (relating to functions of the former Office of Election Administration of the FEC).

(5)

Any functions transferred to the Commission under section 802 (relating to functions described in section 9(a) of the National Voter Registration Act of 1993).

(6)

Any functions of the Commission under section 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 establishing guidelines and providing technical assistance with respect to electronic voting demonstration 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)) (relating to providing technical assistance with respect to technology pilot programs for the benefit of absent uniformed services voters and overseas voters).

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 during 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.

.

2.

Conforming Amendments Relating to Functions Transferred to National Institute 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 Institute of Standards and Technology

(1)

Transfer

Effective on the Commission termination date described in section 1004, the Director of the National Institute of Standards and Technology shall be responsible for—

(A)

providing for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories;

(B)

the accreditation of laboratories for purposes of the activities described in subparagraph (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 contracts with private entities to carry out any of the 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 termination date described in section 1004 of the Help America Vote Act of 2002 (as added by section 1(a)).

3.

Conforming Amendments Relating to Functions Transferred to Federal Election Commission

(a)

Inclusion in Duties of Commission

(1)

In general

Section 311(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended—

(A)

by striking and at the end of paragraph (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 voting 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;

(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 Uniformed 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;

(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 Empowerment 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 Commission under paragraphs (10) through (15) of subsection (a).

.

(b)

Termination of Technical Guidelines Development 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 Development Committee is terminated.

.

(c)

Conforming amendment to 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.

(d)

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 absentee 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 Vote Act of 2002) and inserting the Federal Election 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 Election 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 termination date described in section 1004 of the Help America Vote Act of 2002 (as added by section 1(a)).

4.

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 Election 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 Commission,.

(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)).