(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Amends the Internal Revenue Code to terminate as of December 31, 2010, taxpayer financing of presidential election campaigns. Abolishes the Presidential Election Campaign Fund and the Presidential Primary Matching Payment Account.
Directs the Secretary of the Treasury to transfer all amounts remaining in the Fund after enactment of this Act to the general fund of the Treasury to reduce the deficit.
Amends the Help America Vote Act of 2002 to terminate the Election Assistance Commission (EAC), the EAC Standards Board, and the EAC Board of Advisors 61 days after enactment of this Act. Requires the Director of the Office of Management and Budget (OMB) to perform EAC functions with respect to certain existing contracts and agreements during the transition period for winding up EAC affairs.
Transfers specified election administration functions of the EAC to the Federal Election Commission (FEC).
Replaces the Standards Board and the Board of Advisors with a Guidelines Review Board to review voluntary voting system guidelines proposed by the Technical Guidelines Development Committee.
Sets forth special requirements relating to the transfer of certain EAC authorities to the FEC with respect to development of such guidelines.
Transfers to the FEC the EAC Office of Voting System Testing and Certification.
Directs the Comptroller General to: (1) study the procedures used to adopt and modify the voluntary voting system guidelines applicable to the administration of elections for federal office, and (2) develop recommendations on methods to improve such procedures.
Requires the FEC to: (1) study the procedures for the testing, certification, decertification, and recertification of voting system hardware and software used in federal elections; and (2) develop a recommendation on the entity best suited to oversee and carry out such procedures.
Requires the recommendations in both studies to take into account the needs of persons affected by such guidelines, including state and local election officials, voters with disabilities, absent military and overseas voters, and the manufacturers of voting systems.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3463 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3463
To reduce Federal spending and the deficit by terminating taxpayer
financing of presidential election campaigns and party conventions and
by terminating the Election Assistance Commission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2011
Mr. Harper (for himself and Mr. Cole) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committee on Ways and Means, 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 reduce Federal spending and the deficit by terminating taxpayer
financing of presidential election campaigns and party conventions and
by terminating the Election Assistance Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS
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 general fund.--
Section 9006 of such Code is amended by adding at the
end the following new subsection:
``(d) Transfer of Funds Remaining After Termination.--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 subtitle 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 subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''.
TITLE II--TERMINATION OF ELECTION ASSISTANCE COMMISSION
SEC. 201. 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:
``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 activities.
``SEC. 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.
``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 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.--
``(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 termination date to use any portion of the 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.
``(2) Special rule for states receiving requirements
payments.--In the case of a requirements payment made to a
State under part 1 of subtitle 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
obligations in effect prior to the termination of the
Commission under this subtitle), and for purposes of any
applicable requirements imposed by regulations promulgated 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 subtitle D of
title II or section 902, the terms and conditions specified
under such part and such section shall 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 Federal Election Commission, to the extent that
the proceeding, order, or action relates to a function
transferred under subtitle B.
``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 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 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 information on
the experiences of State and local governments 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 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 Commission under
section 801 (relating to functions of the former Office of
Election Administration of the FEC).
``(6) 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).
``(7) 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).
``(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)) (relating to providing technical
assistance with respect to technology pilot programs for the
benefit of absent uniformed services voters and overseas
voters).
``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. 202. 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').
``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 Conference of
State Legislatures.
``(3) 2 members appointed by the National Association of
Secretaries of State.
``(4) 2 members appointed by the National Association of
State Election Directors.
``(5) 2 members appointed by the National Association of
County Recorders, Election Administrators, and Clerks.
``(6) 2 members appointed by the Election Center.
``(7) 2 members appointed by the International Association
of County Recorders, Election Officials, and Treasurers.
``(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 Assistance
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 majority
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 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 regions of the United States.
``(2) Special rule for certain appointments.--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 reappointed. 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 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.
``(e) Bylaws; Delegation of Authority.--The Board may promulgate
such bylaws as it considers appropriate 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 Executive
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 meeting 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 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 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 necessary 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 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 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.
``SEC. 215. STATUS OF BOARD AND MEMBERS FOR PURPOSES 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 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:
``(i) Members of the Guidelines Review
Board.'';
(B) by redesignating clause (iii) of subparagraph
(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 guidelines.--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 inserting ``Guidelines Review
Board''; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Guidelines review board.--The Executive 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.--Section 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 guidelines.--Section 222(d)
of such Act (42 U.S.C. 15362(d)) is amended by striking ``the
Board of Advisors and the Standards Board'' each place it
appears in paragraphs (1) and (2) and inserting ``the
Guidelines Review Board''.
(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 inserting ``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 201(a)).
SEC. 203. 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 ELECTION COMMISSION.
``(a) Transfer.--Effective on the Commission termination 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 Staff Director.--The FEC shall carry out the
operation and management of its duties and functions under this part
through the Office of the Staff Director of the FEC.''.
(2) Clerical amendment.--The table of contents 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.''.
(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 ELECTION COMMISSION.
``(a) Transfer.--
``(1) In general.--Effective on the Commission termination
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 subtitle.
``(2) Role of staff director.--The FEC shall carry out the
operation and management of its duties and functions under this
subtitle through the Office of the Staff Director of the FEC.
``(b) Transfer of Office of Voting System Testing 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 (hereafter in this section
referred to as the `Office') exercised under this subtitle
before the Commission termination date.
``(2) Transfer of property, records, and personnel.--
``(A) 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 FEC.
``(B) Personnel.--
``(i) In general.--The personnel of the
Office are transferred to the FEC, 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.
``(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.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
subtitle B of title II the following:
``Sec. 232. Transfer of authority to Federal Election Commission.''.
(c) Development of Standardized Format for Reports on Absentee
Balloting by Absent Uniformed Services Voters and Overseas Voters.--
Section 703(b) of such Act (42 U.S.C. 1973ff-1 note) is amended 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 carrying out the duties and
functions of the Commission under this subsection.''.
SEC. 204. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Federal Election Campaign Act of 1971.--
(1) Duties of fec.--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, 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,
decertification, and recertification of voting system hardware
and software by accredited laboratories, in accordance with
subtitle B of title II of the Help America 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 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, 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 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 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 (16) of subsection (a).''.
(3) Limitation on authority to impose requirements on
states and units of local government.--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 subsection (a) or
any other provision of this Act shall be construed 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 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 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''.
(d) 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''.
(e) 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''.
(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 201(a)).
SEC. 205. 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 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 201(a)).
SEC. 206. STUDIES.
(a) Procedures for Adoption and Modification of Voluntary Voting
System Guidelines.--
(1) Study.--The Comptroller General shall conduct a study
of the procedures used to adopt and modify the voluntary voting
system guidelines applicable to the administration of elections
for Federal office, 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 disabilities, 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 include in the report the recommendations developed
under such paragraph.
(b) Procedures for Voting System Testing and Certification.--
(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 elections for Federal office, and shall
develop a recommendation on the entity that is best suited to
oversee and carry out such procedures, taking into
consideration the needs of persons affected by such procedures,
including State and local election officials, voters with
disabilities, 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 Federal Election Commission shall
submit a report to Congress on the study conducted under
paragraph (1), and shall include in the report the
recommendation developed under such paragraph.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committee on Ways and Means, 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.
Referred to the Committee on House Administration, and in addition to the Committee on Ways and Means, 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.
Rules Committee Resolution H. Res. 477 Reported to House. Measure provides for consideration of H.R. 3463 with one hour of general debate, equally divided and controlled; bill is closed to amendments. Provides for consideration of H.R. 527 with one hour of general debate, equally divided and controlled; specified amendments are in order. Provides for consideration of H.R. 3010 with one hour of general debate, equally divided and controlled; specified amendments are in order.
Considered under the provisions of rule H. Res. 477. (consideration: CR H8016-8032)
Measure provides for consideration of H.R. 3463 with one hour of general debate, equally divided and controlled; bill is closed to amendments. Provides for consideration of H.R. 527 with one hour of general debate, equally divided and controlled; specified amendments are in order. Provides for consideration of H.R. 3010 with one hour of general debate, equally divided and controlled; specified amendments are in order.
DEBATE - The House proceeded with one hour of debate on H.R. 3463.
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The previous question was ordered pursuant to the rule. (consideration: CR H8032)
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule 19, further proceedings on H.R. 3463 were postponed
Considered as unfinished business. (consideration: CR H8032-8034)
Mr. Bishop (GA) moved to recommit with instructions to House Administration. (consideration: CR H8032-8034; text: CR H8032)
DEBATE - The House proceeded with 10 minutes of debate on the Bishop(GA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to insert provisions designed to continue protection of elderly, disabled and military voters, notwithstanding the termination of the Election Assistance Commission.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8033)
On motion to recommit with instructions Failed by the Yeas and Nays: 190 - 236 (Roll no. 872). (consideration: CR H8034)
Roll Call #872 (House)Passed/agreed to in House: On passage Passed by recorded vote: 235 - 190 (Roll no. 873).(text: CR H8016-8019)
Roll Call #873 (House)On passage Passed by recorded vote: 235 - 190 (Roll no. 873). (text: CR H8016-8019)
Roll Call #873 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Rules and Administration.