Election Support Consolidation and Efficiency Act - (Sec. 2) 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).
(Sec. 3) 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.
(Sec. 4) 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.
(Sec. 7) 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. 672 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 672
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
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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:
``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.--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.
``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. 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.
``SEC. 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).
``SEC. 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.''.
SEC. 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)).
SEC. 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)).
SEC. 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)).
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Technology and Innovation.
Referred to the Subcommittee on Elections.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on House Administration. H. Rept. 112-100, Part I.
Reported (Amended) by the Committee on House Administration. H. Rept. 112-100, Part I.
Committee on Science, Space, and Technology discharged.
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Committee on Science, Space, and Technology discharged.
Placed on the Union Calendar, Calendar No. 55.
Mr. Harper moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H4347-4354; text of measure as reported in House: CR H4347-4349)
DEBATE - The House proceeded with forty minutes of debate on H.R. 672.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H4392-4393)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 235 - 187 (Roll no. 466).
Roll Call #466 (House)On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 235 - 187 (Roll no. 466).
Roll Call #466 (House)