(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Election Assistance Commission Termination Act - 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. 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).
Terminates the Technical Guidelines Development Committee.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1994 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1994
To terminate the Election Assistance Commission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2013
Mr. Harper introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To terminate the Election Assistance Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Election
Assistance Commission Termination Act''.
(b) Findings.--Congress finds the following:
(1) The Help America Vote Act of 2002 (HAVA) authorized
annual appropriations of not more than $10,000,000 for the
Election Assistance Commission (EAC) for fiscal years 2003,
2004, and 2005. Funding for additional years has not been
authorized, and in fiscal year 2011 the EAC's budget grew to
nearly $18,000,000.
(2) Between 2007 and 2011, the number of staff at the EAC
grew from 26 to 48 without an increase in statutory
responsibility.
(3) 55 percent of the EAC's fiscal year 2014 budget request
is devoted to management costs, the third consecutive year for
which management costs have exceeded one-half of the EAC's
budget.
(4) The EAC has distributed more than $3.2 billion in
election reform grants to the States. The most recent year for
which appropriations for these grants were enacted or were
requested in the President's annual budget was fiscal year
2010.
(5) The EAC last issued voluntary voting system guidelines
in 2005. A total of 11 voting systems currently hold a
certification from the EAC.
(6) The research division of the EAC has substantially
completed the reports required by HAVA.
(7) The National Association of Secretaries of State
adopted resolutions calling for the dissolution of the EAC in
2005 and 2010.
(8) The EAC has not had a quorum of commissioners since
December 2010, and has not had any commissioners since December
2011. The EAC has not had an Executive Director since December
2011, and has not had a General Counsel since May 2012.
(9) The existence of the EAC is not necessary to the
conduct of Federal elections and is an unnecessary expenditure
of taxpayer funds. Any functions of the EAC worth continuing
can be performed by other government entities, consortia of
government entities, or private associations.
SEC. 2. 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
``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. OFFICE OF MANAGEMENT AND BUDGET TO PERFORM TRANSITION
FUNCTIONS.
``Except as provided in section 1004, 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) take the necessary steps to wind up the affairs of
the Commission.
``SEC. 1003. SAVINGS PROVISIONS.
``(a) Prior Contracts.--The termination of the Commission under
this title 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 title 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 title shall not affect any proceeding
to which the Commission is a party that is pending on the
Commission termination date, including any suit to which the
Commission is a party that is commenced prior to such date, and
the Director of the Office of Management and Budget 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 Director of the
Office of Management and Budget in the exercise of functions of the
Commission under section 1002 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 Director.
``SEC. 1004. RETURN TO FEDERAL ELECTION COMMISSION OF AUTHORITY TO
CARRY OUT CERTAIN FUNCTIONS UNDER NATIONAL VOTER
REGISTRATION ACT OF 1993.
``Effective on the Commission termination date, there are
transferred to the Federal Election Commission any functions
transferred to the Election Assistance Commission under section 802
(relating to functions described in section 9(a) of the National Voter
Registration Act of 1993).
``SEC. 1005. 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 title.''.
(b) Termination of Technical Guidelines Development Committee.--
Section 221 of such Act (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 1005, the Development Committee is terminated.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end the following:
``TITLE X--TERMINATION OF COMMISSION
``Sec. 1001. Termination.
``Sec. 1002. Office of Management and Budget to perform transition
functions.
``Sec. 1003. Savings provisions.
``Sec. 1004. Return to Federal Election Commission of authority to
carry out certain functions under National
Voter Registration Act of 1993.
``Sec. 1005. Commission termination date.''.
SEC. 3. CONFORMING AMENDMENTS RELATING TO RETURN OF CERTAIN AUTHORITY
TO FEDERAL ELECTION COMMISSION.
(a) Federal Election Campaign Act of 1971.--Section 311(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(10) carry out the duties described in section 9(a) of
the National Voter Registration Act of 1993.''.
(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) Effective Date.--The amendments made by this section shall take
effect on the Commission termination date described in section 1005 of
the Help America Vote Act of 2002 (as added by section 2(a)).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
Reported by the Committee on House Administration. H. Rept. 113-293.
Reported by the Committee on House Administration. H. Rept. 113-293.
Placed on the Union Calendar, Calendar No. 211.
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