-CITE-
    42 USC CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

-HEAD-
             CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT         

-MISC1-
       SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION
        IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING
                                 MACHINES
    Sec.                                                     
    15301.      Payments to States for activities to improve
                 administration of elections.                         
                  (a)  In general.                                    
                  (b)  Use of payment.                                
                  (c)  Use of funds to be consistent with other laws
                        and requirements.                             
                  (d)  Amount of payment.                             
    15302.      Replacement of punch card or lever voting machines.   
                  (a)  Establishment of program.                      
                  (b)  Eligibility.                                   
                  (c)  Amount of payment.                             
                  (d)  Repayment of funds for failure to meet
                        deadlines.                                    
                  (e)  Punch card voting system defined.              
    15303.      Guaranteed minimum payment amount.                    
                  (a)  In general.                                    
                  (b)  Pro rata reductions.                           
    15304.      Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  Continuing availability of funds after
                        appropriation.                                
                  (c)  Use of returned funds and funds remaining
                        unexpended for requirements payments.         
                  (d)  Deposit of amounts in State election fund.     
                  (e)  Authorization of appropriations for
                        Administrator.                                
    15305.      Administration of programs.                           
    15306.      Effective date.                                       

                        SUBCHAPTER II - COMMISSION                    

              PART A - ESTABLISHMENT AND GENERAL ORGANIZATION          

                SUBPART 1 - ELECTION ASSISTANCE COMMISSION            
    15321.      Establishment.                                        
    15322.      Duties.                                               
    15323.      Membership and appointment.                           
                  (a)  Membership.                                    
                  (b)  Term of service.                               
                  (c)  Chair and vice chair.                          
                  (d)  Compensation.                                  
    15324.      Staff.                                                
                  (a)  Executive Director, General Counsel, and other
                        staff.                                        
                  (b)  Experts and consultants.                       
                  (c)  Staff of Federal agencies.                     
                  (d)  Arranging for assistance for Board of Advisors
                        and Standards Board.                          
                  (e)  Consultation with Board of Advisors and
                        Standards Board on certain matters.           
    15325.      Powers.                                               
                  (a)  Hearings and sessions.                         
                  (b)  Information from Federal agencies.             
                  (c)  Postal services.                               
                  (d)  Administrative support services.               
                  (e)  Contracts.                                     
    15326.      Dissemination of information.                         
    15327.      Annual report.                                        
    15328.      Requiring majority approval for actions.              
    15329.      Limitation on rulemaking authority.                   
    15330.      Authorization of appropriations.                      

      SUBPART 2 - ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND
                             BOARD OF ADVISORS
    15341.      Establishment.                                        
    15342.      Duties.                                               
    15343.      Membership of Standards Board.                        
                  (a)  Composition.                                   
                  (b)  Procedures for notice and certification of
                        appointment.                                  
                  (c)  Executive Board.                               
    15344.      Membership of Board of Advisors.                      
                  (a)  In general.                                    
                  (b)  Manner of appointments.                        
                  (c)  Term of service; vacancy.                      
                  (d)  Chair.                                         
    15345.      Powers of Boards; no compensation for service.        
                  (a)  Hearings and sessions.                         
                  (b)  Information from Federal agencies.             
                  (c)  Postal services.                               
                  (d)  Administrative support services.               
                  (e)  No compensation for service.                   
    15346.      Status of Boards and members for purposes of claims
                 against Board.                                       
                  (a)  In general.                                    
                  (b)  Exception for criminal acts and other willful
                        conduct.                                      

          SUBPART 3 - TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE      
    15361.      Technical Guidelines Development Committee.           
                  (a)  Establishment.                                 
                  (b)   Duties.                                       
                  (c)  Membership.                                    
                  (d)  No compensation for service.                   
                  (e)  Technical support from National Institute of
                        Standards and Technology.                     
                  (f)  Publication of recommendations in Federal
                        Register.                                     
    15362.      Process for adoption.                                 
                  (a)  General requirement for notice and comment.    
                  (b)  Consideration of recommendations of Development
                        Committee; submission of proposed guidelines
                        to Board of Advisors and Standards Board.     
                  (c)  Review.                                        
                  (d)  Final adoption.                                
                  (e)  Special rule for initial set of guidelines.    

           PART B - TESTING, CERTIFICATION, DECERTIFICATION, AND
          RECERTIFICATION OF VOTING SYSTEM HARDWARE AND SOFTWARE
    15371.      Certification and testing of voting systems.          
                  (a)  Certification and testing.                     
                  (b)  Laboratory accreditation.                      
                  (c)  Continuing review by National Institute of
                        Standards and Technology.                     
                  (d)  Transition.                                    

        PART C - STUDIES AND OTHER ACTIVITIES TO PROMOTE EFFECTIVE
                    ADMINISTRATION OF FEDERAL ELECTIONS
    15381.      Periodic studies of election administration issues.   
                  (a)  In general.                                    
                  (b)  Election administration issues described.      
                  (c)  Reports.                                       
    15382.      Study, report, and recommendations on best practices
                 for facilitating military and overseas voting.       
                  (a)  Study.                                         
                  (b)  Report and recommendations.                    
    15383.      Report on human factor research.                      
    15384.      Study and report on voters who register by mail and
                 use of Social Security information.                  
                  (a)  Registration by mail.                          
                  (b)  Use of Social Security information.            
    15385.      Study and report on electronic voting and the
                 electoral process.                                   
                  (a)  Study.                                         
                  (b)  Report.                                        
    15386.      Study and report on free absentee ballot postage.     
                  (a)  Study on the establishment of a free absentee
                        ballot postage program.                       
                  (b)  Report.                                        
                  (c)  Postal Service defined.                        
    15387.      Consultation with Standards Board and Board of
                 Advisors.                                            

                       PART D - ELECTION ASSISTANCE                   

                     SUBPART 1 - REQUIREMENTS PAYMENTS                 
    15401.      Requirements payments.                                
                  (a)  In general.                                    
                  (b)  Use of funds.                                  
                  (c)  Retroactive payments.                          
                  (d)  Adoption of Commission guidelines and guidance
                        not required to receive payment.              
                  (e)  Schedule of payments.                          
                  (f)  Limitation.                                    
    15402.      Allocation of funds.                                  
                  (a)  In general.                                    
                  (b)  State allocation percentage defined.           
                  (c)  Minimum amount of payment.                     
                  (d)  Pro rata reductions.                           
                  (e)  Continuing availability of funds after
                        appropriation.                                
    15403.      Condition for receipt of funds.                       
                  (a)  In general.                                    
                  (b)  State plan requirement; certification of
                        compliance with applicable laws and
                        requirements.                                 
                  (c)  Methods of compliance left to discretion of
                        State.                                        
                  (d)  Timing for filing of certification.            
                  (e)  Chief State election official defined.         
    15404.      State plan.                                           
                  (a)  In general.                                    
                  (b)  Requirements for election fund.                
                  (c)  Protection against actions based on information
                        in plan.                                      
    15405.      Process for development and filing of plan;
                 publication by Commission.                           
                  (a)  In general.                                    
                  (b)  Publication of plan by Commission.             
    15406.      Requirement for public notice and comment.            
    15407.      Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  Availability.                                  
    15408.      Reports.                                              

      SUBPART 2 - PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO
              ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES
    15421.      Payments to States and units of local government to
                 assure access for individuals with disabilities.     
                  (a)  In general.                                    
                  (b)  Use of funds.                                  
                  (c)  Schedule of payments.                          
    15422.      Amount of payment.                                    
                  (a)  In general.                                    
                  (b)  Continuing availability of funds after
                        appropriation.                                
    15423.      Requirements for eligibility.                         
                  (a)  Application.                                   
                  (b)  Contents of application.                       
                  (c)  Protection against actions based on information
                        in application.                               
    15424.      Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  Availability.                                  
    15425.      Reports.                                              
                  (a)  Reports by recipients.                         
                  (b)  Report by Secretary to Committees.             

     SUBPART 3 - GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS 
    15441.      Grants for research on voting technology improvements.
                  (a)  In general.                                    
                  (b)  Eligibility.                                   
                  (c)  Applicability of regulations governing patent
                        rights in inventions made with Federal
                        assistance.                                   
                  (d)  Recommendation of topics for research.         
                  (e)  Provision of information on projects.          
    15442.      Report.                                               
                  (a)  In general.                                    
                  (b)  Deadline.                                      
    15443.      Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  Availability of funds.                         

     SUBPART 4 - PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY 
    15451.      Pilot program.                                        
                  (a)  In general.                                    
                  (b)  Eligibility.                                   
                  (c)  Recommendation of topics for pilot programs.   
                  (d)  Provision of information on projects.          
    15452.      Report.                                               
                  (a)  In general.                                    
                  (b)  Deadline.                                      
    15453.      Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  Availability of funds.                         

                SUBPART 5 - PROTECTION AND ADVOCACY SYSTEMS            
    15461.      Payments for protection and advocacy systems.         
                  (a)  In general.                                    
                  (b)  Minimum grant amount.                          
                  (c)  Training and technical assistance program.     
    15462.      Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  Availability.                                  

           SUBPART 6 - NATIONAL STUDENT AND PARENT MOCK ELECTION       
    15471.      National student and parent mock election.            
                  (a)  In general.                                    
                  (b)  Requirement.                                   
    15472.      Authorization of appropriations.                      

    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
                      AND ADMINISTRATION REQUIREMENTS

                           PART A - REQUIREMENTS                       
    15481.      Voting systems standards.                             
                  (a)  Requirements.                                  
                  (b)  Voting system defined.                         
                  (c)  Construction.                                  
                  (d)  Effective date.                                
    15482.      Provisional voting and voting information
                 requirements.                                        
                  (a)  Provisional voting requirements.               
                  (b)  Voting information requirements.               
                  (c)  Voters who vote after the polls close.         
                  (d)  Effective date for provisional voting and
                        voting information.                           
    15483.      Computerized statewide voter registration list
                 requirements and requirements for voters who register
                 by mail.                                             
                  (a)  Computerized statewide voter registration list
                        requirements.                                 
                  (b)  Requirements for voters who register by mail.  
                  (c)  Permitted use of last 4 digits of social
                        security numbers.                             
                  (d)  Effective date.                                
    15484.      Minimum requirements.                                 
    15485.      Methods of implementation left to discretion of State.

                        PART B - VOLUNTARY GUIDANCE                    
    15501.      Adoption of voluntary guidance by Commission.         
                  (a)  In general.                                    
                  (b)  Deadlines.                                     
                  (c)  Quadrennial update.                            
    15502.      Process for adoption.                                 

                        SUBCHAPTER IV - ENFORCEMENT                    
    15511.      Actions by the Attorney General for declaratory and
                 injunctive relief.                                   
    15512.      Establishment of State-based administrative complaint
                 procedures to remedy grievances.                     
                  (a)  Establishment of State-based administrative
                        complaint procedures to remedy grievances.    
                  (b)  Requiring Attorney General approval of
                        compliance plan for States not receiving
                        funds.                                        

             SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM         
    15521.      Establishment of program.                             
                  (a)  In general.                                    
                  (b)  Purposes of Program.                           
    15522.      Activities under Program.                             
                  (a)  In general.                                    
                  (b)  Requirements for grant recipients.             
                  (c)  Coordination with institutions of higher
                        education.                                    
    15523.      Authorization of appropriations.                      

     SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN
                                   LAWS
    15531.      Transfer of functions of Office of Election
                 Administration of Federal Election Commission.       
    15532.      Transfer of functions.                                
    15533.      Transfer of property, records, and personnel.         
                  (a)  Property and records.                          
                  (b)  Personnel.                                     
    15534.      Effective date; transition.                           
                  (a)  Effective date.                                
                  (b)  Transition.                                    
                  (c)  No effect on authorities of Office of Election
                        Administration prior to appointment of members
                        of Commission.                                

                 SUBCHAPTER VII - MISCELLANEOUS PROVISIONS             
    15541.      State defined.                                        
    15542.      Audits and repayment of funds.                        
                  (a)  Recordkeeping requirement.                     
                  (b)  Audits and examinations.                       
                  (c)  Recoupment of funds.                           
    15543.      Review and report on adequacy of existing electoral
                 fraud statutes and penalties.                        
                  (a)  Review.                                        
                  (b)  Report.                                        
    15544.      Other criminal penalties.                             
                  (a)  Conspiracy to deprive voters of a fair
                        election.                                     
                  (b)  False information in registering and voting.   
    15545.      No effect on other laws.                              
                  (a)  In general.                                    
                  (b)  No effect on preclearance or other requirements
                        under Voting Rights Act.                      

-End-

-CITE-
    42 USC SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION
           ADMINISTRATION IMPROVEMENTS AND REPLACEMENT
           OF PUNCH CARD AND LEVER VOTING MACHINES         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION
                    IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND
                    LEVER VOTING MACHINES       

-HEAD-
       SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION
        IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING
                                 MACHINES

-End-

-CITE-
    42 USC Sec. 15301                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION
                    IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND
                    LEVER VOTING MACHINES       

-HEAD-
    Sec. 15301. Payments to States for activities to improve
      administration of elections

-STATUTE-
    (a) In general
      Not later than 45 days after October 29, 2002, the Administrator
    of General Services (in this subchapter referred to as the
    "Administrator") shall establish a program under which the
    Administrator shall make a payment to each State in which the chief
    executive officer of the State, or designee, in consultation and
    coordination with the chief State election official, notifies the
    Administrator not later than 6 months after October 29, 2002, that
    the State intends to use the payment in accordance with this
    section.
    (b) Use of payment
      (1) In general
        A State shall use the funds provided under a payment made under
      this section to carry out one or more of the following
      activities:
          (A) Complying with the requirements under subchapter III of
        this chapter.
          (B) Improving the administration of elections for Federal
        office.
          (C) Educating voters concerning voting procedures, voting
        rights, and voting technology.
          (D) Training election officials, poll workers, and election
        volunteers.
          (E) Developing the State plan for requirements payments to be
        submitted under subpart 1 of part D of subchapter II of this
        chapter.
          (F) Improving, acquiring, leasing, modifying, or replacing
        voting systems and technology and methods for casting and
        counting votes.
          (G) Improving the accessibility and quantity of polling
        places, including providing physical access for individuals
        with disabilities, providing nonvisual access for individuals
        with visual impairments, and providing assistance to Native
        Americans, Alaska Native citizens, and to individuals with
        limited proficiency in the English language.
          (H) Establishing toll-free telephone hotlines that voters may
        use to report possible voting fraud and voting rights
        violations, to obtain general election information, and to
        access detailed automated information on their own voter
        registration status, specific polling place locations, and
        other relevant information.
      (2) Limitation
        A State may not use the funds provided under a payment made
      under this section - 
          (A) to pay costs associated with any litigation, except to
        the extent that such costs otherwise constitute permitted uses
        of a payment under this section; or
          (B) for the payment of any judgment.
    (c) Use of funds to be consistent with other laws and requirements
      In order to receive a payment under the program under this
    section, the State shall provide the Administrator with
    certifications that - 
        (1) the State will use the funds provided under the payment in
      a manner that is consistent with each of the laws described in
      section 15545 of this title, as such laws relate to the
      provisions of this chapter; and
        (2) the proposed uses of the funds are not inconsistent with
      the requirements of subchapter III of this chapter.
    (d) Amount of payment
      (1) In general
        Subject to section 15303(b) of this title, the amount of
      payment made to a State under this section shall be the minimum
      payment amount described in paragraph (2) plus the voting age
      population proportion amount described in paragraph (3).
      (2) Minimum payment amount
        The minimum payment amount described in this paragraph is - 
          (A) in the case of any of the several States or the District
        of Columbia, one-half of 1 percent of the aggregate amount made
        available for payments under this section; and
          (B) in the case of the Commonwealth of Puerto Rico, Guam,
        American Samoa, or the United States Virgin Islands, one-tenth
        of 1 percent of such aggregate amount.
      (3) Voting age population proportion amount
        The voting age population proportion amount described in this
      paragraph is the product of - 
          (A) the aggregate amount made available for payments under
        this section minus the total of all of the minimum payment
        amounts determined under paragraph (2); and
          (B) the voting age population proportion for the State (as
        defined in paragraph (4)).
      (4) Voting age population proportion defined
        The term "voting age population proportion" means, with respect
      to a State, the amount equal to the quotient of - 
          (A) the voting age population of the State (as reported in
        the most recent decennial census); and
          (B) the total voting age population of all States (as
        reported in the most recent decennial census).

-SOURCE-
    (Pub. L. 107-252, title I, Sec. 101, Oct. 29, 2002, 116 Stat.
    1668.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter III of this chapter, referred to in subsecs. (b)(1)(A)
    and (c)(2), was in the original "title III", meaning title III of
    Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1704, which enacted
    subchapter III of this chapter and amended section 405 of this
    title. For complete classification of title III to the Code, see
    Tables.
      This chapter, referred to in subsec. (c)(1), was in the original
    "this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out below and Tables.

-MISC1-
                                SHORT TITLE                            
      Pub. L. 107-252, Sec. 1(a), Oct. 29, 2002, 116 Stat. 1666,
    provided that: "This Act [enacting this chapter and chapter 1526 of
    Title 36, Patriotic And National Observances, Ceremonies, and
    Organizations, amending sections 405, 1973ff, 1973ff-1, 1973ff-3,
    1973gg-6, and 1973gg-7 of this title, section 438 of Title 2, The
    Congress, sections 3132 and 7323 of Title 5, Government
    Organization and Employees, section 8G of the Inspector General Act
    of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, and
    section 1566 of Title 10, Armed Forces, and enacting provisions set
    out as notes under sections 1973ff-1 and 1973ff-3 of this title and
    section 8G of the Inspector General Act of 1978, Pub. L. 95-452,
    set out in the Appendix to Title 5] may be cited as the 'Help
    America Vote Act of 2002'."

-End-

-CITE-
    42 USC Sec. 15302                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION
                    IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND
                    LEVER VOTING MACHINES       

-HEAD-
    Sec. 15302. Replacement of punch card or lever voting machines

-STATUTE-
    (a) Establishment of program
      (1) In general
        Not later than 45 days after October 29, 2002, the
      Administrator shall establish a program under which the
      Administrator shall make a payment to each State eligible under
      subsection (b) of this section in which a precinct within that
      State used a punch card voting system or a lever voting system to
      administer the regularly scheduled general election for Federal
      office held in November 2000 (in this section referred to as a
      "qualifying precinct").
      (2) Use of funds
        A State shall use the funds provided under a payment under this
      section (either directly or as reimbursement, including as
      reimbursement for costs incurred on or after January 1, 2001,
      under multiyear contracts) to replace punch card voting systems
      or lever voting systems (as the case may be) in qualifying
      precincts within that State with a voting system (by purchase,
      lease, or such other arrangement as may be appropriate) that - 
          (A) does not use punch cards or levers;
          (B) is not inconsistent with the requirements of the laws
        described in section 15545 of this title; and
          (C) meets the requirements of section 15481 of this title.
      (3) Deadline
        (A) In general
          Except as provided in subparagraph (B), a State receiving a
        payment under the program under this section shall ensure that
        all of the punch card voting systems or lever voting systems in
        the qualifying precincts within that State have been replaced
        in time for the regularly scheduled general election for
        Federal office to be held in November 2004.
        (B) Waiver
          If a State certifies to the Administrator not later than
        January 1, 2004, that the State will not meet the deadline
        described in subparagraph (A) for good cause and includes in
        the certification the reasons for the failure to meet such
        deadline, the State shall ensure that all of the punch card
        voting systems or lever voting systems in the qualifying
        precincts within that State will be replaced in time for the
        first election for Federal office held after January 1, 2006.
    (b) Eligibility
      (1) In general
        A State is eligible to receive a payment under the program
      under this section if it submits to the Administrator a notice
      not later than the date that is 6 months after October 29, 2002
      (in such form as the Administrator may require) that contains - 
          (A) certifications that the State will use the payment
        (either directly or as reimbursement, including as
        reimbursement for costs incurred on or after January 1, 2001,
        under multiyear contracts) to replace punch card voting systems
        or lever voting systems (as the case may be) in the qualifying
        precincts within the State by the deadline described in
        subsection (a)(3) of this section;
          (B) certifications that the State will continue to comply
        with the laws described in section 15545 of this title;
          (C) certifications that the replacement voting systems will
        meet the requirements of section 15481 of this title; and
          (D) such other information and certifications as the
        Administrator may require which are necessary for the
        administration of the program.
      (2) Compliance of states that require changes to State law
        In the case of a State that requires State legislation to carry
      out an activity covered by any certification submitted under this
      subsection, the State shall be permitted to make the
      certification notwithstanding that the legislation has not been
      enacted at the time the certification is submitted and such State
      shall submit an additional certification once such legislation is
      enacted.
    (c) Amount of payment
      (1) In general
        Subject to paragraph (2) and section 15303(b) of this title,
      the amount of payment made to a State under the program under
      this section shall be equal to the product of - 
          (A) the number of the qualifying precincts within the State;
        and
          (B) $4,000.
      (2) Reduction
        If the amount of funds appropriated pursuant to the authority
      of section 15304(a)(2) of this title is insufficient to ensure
      that each State receives the amount of payment calculated under
      paragraph (1), the Administrator shall reduce the amount
      specified in paragraph (1)(B) to ensure that the entire amount
      appropriated under such section is distributed to the States.
    (d) Repayment of funds for failure to meet deadlines
      (1) In general
        If a State receiving funds under the program under this section
      fails to meet the deadline applicable to the State under
      subsection (a)(3) of this section, the State shall pay to the
      Administrator an amount equal to the noncompliant precinct
      percentage of the amount of the funds provided to the State under
      the program.
      (2) Noncompliant precinct percentage defined
        In this subsection, the term "noncompliant precinct percentage"
      means, with respect to a State, the amount (expressed as a
      percentage) equal to the quotient of - 
          (A) the number of qualifying precincts within the State for
        which the State failed to meet the applicable deadline; and
          (B) the total number of qualifying precincts in the State.
    (e) Punch card voting system defined
      For purposes of this section, a "punch card voting system"
    includes any of the following voting systems:
        (1) C.E.S.
        (2) Datavote.
        (3) PBC Counter.
        (4) Pollstar.
        (5) Punch Card.
        (6) Vote Recorder.
        (7) Votomatic.

-SOURCE-
    (Pub. L. 107-252, title I, Sec. 102, Oct. 29, 2002, 116 Stat.
    1670.)

-End-

-CITE-
    42 USC Sec. 15303                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION
                    IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND
                    LEVER VOTING MACHINES       

-HEAD-
    Sec. 15303. Guaranteed minimum payment amount

-STATUTE-
    (a) In general
      In addition to any other payments made under this subchapter, the
    Administrator shall make a payment to each State to which a payment
    is made under either section 15301 or 15302 of this title and with
    respect to which the aggregate amount paid under such sections is
    less than $5,000,000 in an amount equal to the difference between
    the aggregate amount paid to the State under sections 15301 and
    15302 of this title and $5,000,000. In the case of the Commonwealth
    of Puerto Rico, Guam, American Samoa, and the United States Virgin
    Islands, the previous sentence shall be applied as if each
    reference to "$5,000,000" were a reference to "$1,000,000".
    (b) Pro rata reductions
      The Administrator shall make such pro rata reductions to the
    amounts described in sections 15301(d) and 15302(c) of this title
    as are necessary to comply with the requirements of subsection (a)
    of this section.

-SOURCE-
    (Pub. L. 107-252, title I, Sec. 103, Oct. 29, 2002, 116 Stat.
    1672.)

-End-

-CITE-
    42 USC Sec. 15304                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION
                    IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND
                    LEVER VOTING MACHINES       

-HEAD-
    Sec. 15304. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated for payments under this
    subchapter $650,000,000, of which - 
        (1) 50 percent shall be for payments under section 15301 of
      this title; and
        (2) 50 percent shall be for payments under section 15302 of
      this title.
    (b) Continuing availability of funds after appropriation
      Any payment made to a State under this subchapter shall be
    available to the State without fiscal year limitation (subject to
    subsection (c)(2)(B) of this section).
    (c) Use of returned funds and funds remaining unexpended for
      requirements payments
      (1) In general
        The amounts described in paragraph (2) shall be transferred to
      the Election Assistance Commission (established under subchapter
      II of this chapter) and used by the Commission to make
      requirements payments under subpart 1 of part D of subchapter II
      of this chapter.
      (2) Amounts described
        The amounts referred to in this paragraph are as follows:
          (A) Any amounts paid to the Administrator by a State under
        section 15302(d)(1) of this title.
          (B) Any amounts appropriated for payments under this
        subchapter which remain unobligated as of September 1, 2003.
    (d) Deposit of amounts in State election fund
      When a State has established an election fund described in
    section 15404(b) of this title, the State shall ensure that any
    funds provided to the State under this subchapter are deposited and
    maintained in such fund.
    (e) Authorization of appropriations for Administrator
      In addition to the amounts authorized under subsection (a) of
    this section, there are authorized to be appropriated to the
    Administrator such sums as may be necessary to administer the
    programs under this subchapter.

-SOURCE-
    (Pub. L. 107-252, title I, Sec. 104, Oct. 29, 2002, 116 Stat.
    1672.)

-End-

-CITE-
    42 USC Sec. 15305                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION
                    IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND
                    LEVER VOTING MACHINES       

-HEAD-
    Sec. 15305. Administration of programs

-STATUTE-
      In administering the programs under this subchapter, the
    Administrator shall take such actions as the Administrator
    considers appropriate to expedite the payment of funds to States.

-SOURCE-
    (Pub. L. 107-252, title I, Sec. 105, Oct. 29, 2002, 116 Stat.
    1673.)

-End-

-CITE-
    42 USC Sec. 15306                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION
                    IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND
                    LEVER VOTING MACHINES       

-HEAD-
    Sec. 15306. Effective date

-STATUTE-
      The Administrator shall implement the programs established under
    this subchapter in a manner that ensures that the Administrator is
    able to make payments under the program not later than the
    expiration of the 45-day period which begins on October 29, 2002.

-SOURCE-
    (Pub. L. 107-252, title I, Sec. 106, Oct. 29, 2002, 116 Stat.
    1673.)

-End-

-CITE-
    42 USC SUBCHAPTER II - COMMISSION                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION

-HEAD-
                        SUBCHAPTER II - COMMISSION                    

-End-

-CITE-
    42 USC Part A - Establishment and General Organization      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization

-HEAD-
              PART A - ESTABLISHMENT AND GENERAL ORGANIZATION          

-End-

-CITE-
    42 USC subpart 1 - election assistance commission           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
                SUBPART 1 - ELECTION ASSISTANCE COMMISSION            

-End-

-CITE-
    42 USC Sec. 15321                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15321. Establishment

-STATUTE-
      There is hereby established as an independent entity the Election
    Assistance Commission (hereafter in this subchapter referred to as
    the "Commission"), consisting of the members appointed under this
    subpart. Additionally, there is established the Election Assistance
    Commission Standards Board (including the Executive Board of such
    Board) and the Election Assistance Commission Board of Advisors
    under subpart 2 of this part (hereafter in this subpart referred to
    as the "Standards Board" and the "Board of Advisors", respectively)
    and the Technical Guidelines Development Committee under subpart 3
    of this part.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 201, Oct. 29, 2002, 116 Stat.
    1673.)

-End-

-CITE-
    42 USC Sec. 15322                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15322. Duties

-STATUTE-
      The Commission shall serve as a national clearinghouse and
    resource for the compilation of information and review of
    procedures with respect to the administration of Federal elections
    by - 
        (1) carrying out the duties described in subpart 3 of this part
      (relating to the adoption of voluntary voting system guidelines),
      including the maintenance of a clearinghouse of information on
      the experiences of State and local governments in implementing
      the guidelines and in operating voting systems in general;
        (2) carrying out the duties described in part B of this
      subchapter (relating to the testing, certification,
      decertification, and recertification of voting system hardware
      and software);
        (3) carrying out the duties described in part C of this
      subchapter (relating to conducting studies and carrying out other
      activities to promote the effective administration of Federal
      elections);
        (4) carrying out the duties described in part D of this
      subchapter (relating to election assistance), and providing
      information and training on the management of the payments and
      grants provided under such part;
        (5) carrying out the duties described in part B of subchapter
      III of this chapter (relating to the adoption of voluntary
      guidance); and
        (6) developing and carrying out the Help America Vote College
      Program under subchapter V of this chapter.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 202, Oct. 29, 2002, 116 Stat.
    1673.)

-End-

-CITE-
    42 USC Sec. 15323                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15323. Membership and appointment

-STATUTE-
    (a) Membership
      (1) In general
        The Commission shall have four members appointed by the
      President, by and with the advice and consent of the Senate.
      (2) Recommendations
        Before the initial appointment of the members of the Commission
      and before the appointment of any individual to fill a vacancy on
      the Commission, the Majority Leader of the Senate, the Speaker of
      the House of Representatives, the Minority Leader of the Senate,
      and the Minority Leader of the House of Representatives shall
      each submit to the President a candidate recommendation with
      respect to each vacancy on the Commission affiliated with the
      political party of the Member of Congress involved.
      (3) Qualifications
        Each member of the Commission shall have experience with or
      expertise in election administration or the study of elections.
      (4) Date of appointment
        The appointments of the members of the Commission shall be made
      not later than 120 days after October 29, 2002.
    (b) Term of service
      (1) In general
        Except as provided in paragraphs (2) and (3), members shall
      serve for a term of 4 years and may be reappointed for not more
      than one additional term.
      (2) Terms of initial appointees
        As designated by the President at the time of nomination, of
      the members first appointed - 
          (A) two of the members (not more than one of whom may be
        affiliated with the same political party) shall be appointed
        for a term of 2 years; and
          (B) two of the members (not more than one of whom may be
        affiliated with the same political party) shall be appointed
        for a term of 4 years.
      (3) Vacancies
        (A) In general
          A vacancy on the Commission shall be filled in the manner in
        which the original appointment was made and shall be subject to
        any conditions which applied with respect to the original
        appointment.
        (B) Expired terms
          A member of the Commission shall serve on the Commission
        after the expiration of the member's term until the successor
        of such member has taken office as a member of the Commission.
        (C) Unexpired terms
          An individual appointed to fill a vacancy shall be appointed
        for the unexpired term of the member replaced.
    (c) Chair and vice chair
      (1) In general
        The Commission shall select a chair and vice chair from among
      its members for a term of 1 year, except that the chair and vice
      chair may not be affiliated with the same political party.
      (2) Number of terms
        A member of the Commission may serve as the chairperson and
      vice chairperson for only 1 term each during the term of office
      to which such member is appointed.
    (d) Compensation
      (1) In general
        Each member of the Commission shall be compensated at the
      annual rate of basic pay prescribed for level IV of the Executive
      Schedule under section 5315 of title 5.
      (2) Other activities
        No member appointed to the Commission under subsection (a) of
      this section may engage in any other business, vocation, or
      employment while serving as a member of the Commission and shall
      terminate or liquidate such business, vocation, or employment
      before sitting as a member of the Commission.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 203, Oct. 29, 2002, 116 Stat.
    1674.)

-End-

-CITE-
    42 USC Sec. 15324                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15324. Staff

-STATUTE-
    (a) Executive Director, General Counsel, and other staff
      (1) Executive Director
        The Commission shall have an Executive Director, who shall be
      paid at a rate not to exceed the rate of basic pay for level V of
      the Executive Schedule under section 5316 of title 5.
      (2) Term of service for Executive Director
        The Executive Director shall serve for a term of 4 years. An
      Executive Director may serve for a longer period only if
      reappointed for an additional term or terms by a vote of the
      Commission.
      (3) Procedure for appointment
        (A) In general
          When a vacancy exists in the position of the Executive
        Director, the Standards Board and the Board of Advisors shall
        each appoint a search committee to recommend at least three
        nominees for the position.
        (B) Requiring consideration of nominees
          Except as provided in subparagraph (C), the Commission shall
        consider the nominees recommended by the Standards Board and
        the Board of Advisors in appointing the Executive Director.
        (C) Interim service of General Counsel
          If a vacancy exists in the position of the Executive
        Director, the General Counsel of the Commission shall serve as
        the acting Executive Director until the Commission appoints a
        new Executive Director in accordance with this paragraph.
        (D) Special rules for interim Executive Director
          (i) Convening of search committees
            The Standards Board and the Board of Advisors shall each
          appoint a search committee and recommend nominees for the
          position of Executive Director in accordance with
          subparagraph (A) as soon as practicable after the appointment
          of their members.
          (ii) Interim initial appointment
            Notwithstanding subparagraph (B), the Commission may
          appoint an individual to serve as an interim Executive
          Director prior to the recommendation of nominees for the
          position by the Standards Board or the Board of Advisors,
          except that such individual's term of service may not exceed
          6 months. Nothing in the previous sentence may be construed
          to prohibit the individual serving as the interim Executive
          Director from serving any additional term.
      (4) General Counsel
        The Commission shall have a General Counsel, who shall be
      appointed by the Commission and who shall serve under the
      Executive Director. The General Counsel shall serve for a term of
      4 years, and may serve for a longer period only if reappointed
      for an additional term or terms by a vote of the Commission.
      (5) Other staff
        Subject to rules prescribed by the Commission, the Executive
      Director may appoint and fix the pay of such additional personnel
      as the Executive Director considers appropriate.
      (6) Applicability of certain civil service laws
        The Executive Director, General Counsel, and staff of the
      Commission may be appointed without regard to the provisions of
      title 5 governing appointments in the competitive service, and
      may be paid without regard to the provisions of chapter 51 and
      subchapter III of chapter 53 of that title relating to
      classification and General Schedule pay rates, except that an
      individual so appointed may not receive pay in excess of the
      annual rate of basic pay for level V of the Executive Schedule
      under section 5316 of that title.
    (b) Experts and consultants
      Subject to rules prescribed by the Commission, the Executive
    Director may procure temporary and intermittent services under
    section 3109(b) of title 5 by a vote of the Commission.
    (c) Staff of Federal agencies
      Upon request of the Commission, the head of any Federal
    department or agency may detail, on a reimbursable basis, any of
    the personnel of that department or agency to the Commission to
    assist it in carrying out its duties under this chapter.
    (d) Arranging for assistance for Board of Advisors and Standards
      Board
      At the request of the Board of Advisors or the Standards Board,
    the Commission may enter into such arrangements as the Commission
    considers appropriate to make personnel available to assist the
    Boards with carrying out their duties under this subchapter
    (including contracts with private individuals for providing
    temporary personnel services or the temporary detailing of
    personnel of the Commission).
    (e) Consultation with Board of Advisors and Standards Board on
      certain matters
      In preparing the program goals, long-term plans, mission
    statements, and related matters for the Commission, the Executive
    Director and staff of the Commission shall consult with the Board
    of Advisors and the Standards Board.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 204, Oct. 29, 2002, 116 Stat.
    1675.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsec. (a)(6), are classified
    generally to section 3301 et seq. of Title 5, Government
    Organization and Employees.
      This chapter, referred to in subsec. (c), was in the original
    "this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15301 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 15325                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15325. Powers

-STATUTE-
    (a) Hearings and sessions
      The Commission may hold such hearings for the purpose of carrying
    out this chapter, sit and act at such times and places, take such
    testimony, and receive such evidence as the Commission considers
    advisable to carry out this chapter. The Commission may administer
    oaths and affirmations to witnesses appearing before the
    Commission.
    (b) Information from Federal agencies
      The Commission may secure directly from any Federal department or
    agency such information as the Commission considers necessary to
    carry out this chapter. Upon request of the Commission, the head of
    such department or agency shall furnish such information to the
    Commission.
    (c) Postal services
      The Commission may use the United States mails in the same manner
    and under the same conditions as other departments and agencies of
    the Federal Government.
    (d) Administrative support services
      Upon the request of the Commission, the Administrator of General
    Services shall provide to the Commission, on a reimbursable basis,
    the administrative support services that are necessary to enable
    the Commission to carry out its duties under this chapter.
    (e) Contracts
      The Commission may contract with and compensate persons and
    Federal agencies for supplies and services without regard to
    section 5 of title 41.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 205, Oct. 29, 2002, 116 Stat.
    1677.)

-End-

-CITE-
    42 USC Sec. 15326                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15326. Dissemination of information

-STATUTE-
      In carrying out its duties, the Commission shall, on an ongoing
    basis, disseminate to the public (through the Internet, published
    reports, and such other methods as the Commission considers
    appropriate) in a manner that is consistent with the requirements
    of chapter 19 of title 44 information on the activities carried out
    under this chapter.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 206, Oct. 29, 2002, 116 Stat.
    1677.)

-End-

-CITE-
    42 USC Sec. 15327                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15327. Annual report

-STATUTE-
      Not later than January 31 of each year (beginning with 2004), the
    Commission shall submit a report to the Committee on House
    Administration of the House of Representatives and the Committee on
    Rules and Administration of the Senate detailing its activities
    during the fiscal year which ended on September 30 of the previous
    calendar year, and shall include in the report the following
    information:
        (1) A detailed description of activities conducted with respect
      to each program carried out by the Commission under this chapter,
      including information on each grant or other payment made under
      such programs.
        (2) A copy of each report submitted to the Commission by a
      recipient of such grants or payments which is required under such
      a program, including reports submitted by States receiving
      requirements payments under subpart 1 of part D of this
      subchapter, and each other report submitted to the Commission
      under this chapter.
        (3) Information on the voluntary voting system guidelines
      adopted or modified by the Commission under subpart 3 of this
      part and information on the voluntary guidance adopted under part
      B of subchapter III of this chapter.
        (4) All votes taken by the Commission.
        (5) Such other information and recommendations as the
      Commission considers appropriate.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 207, Oct. 29, 2002, 116 Stat.
    1677.)

-End-

-CITE-
    42 USC Sec. 15328                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15328. Requiring majority approval for actions

-STATUTE-
      Any action which the Commission is authorized to carry out under
    this chapter may be carried out only with the approval of at least
    three of its members.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 208, Oct. 29, 2002, 116 Stat.
    1678.)

-End-

-CITE-
    42 USC Sec. 15329                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15329. Limitation on rulemaking authority

-STATUTE-
      The Commission shall not have any authority to issue any rule,
    promulgate any regulation, or take any other action which imposes
    any requirement on any State or unit of local government, except to
    the extent permitted under section 1973gg-7(a) of this title.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 209, Oct. 29, 2002, 116 Stat.
    1678.)

-End-

-CITE-
    42 USC Sec. 15330                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 1 - election assistance commission

-HEAD-
    Sec. 15330. Authorization of appropriations

-STATUTE-
      In addition to the amounts authorized for payments and grants
    under this subchapter and the amounts authorized to be appropriated
    for the program under section 15523 of this title, there are
    authorized to be appropriated for each of the fiscal years 2003
    through 2005 such sums as may be necessary (but not to exceed
    $10,000,000 for each such year) for the Commission to carry out
    this subchapter.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 210, Oct. 29, 2002, 116 Stat.
    1678.)

-End-

-CITE-
    42 USC subpart 2 - election assistance commission
           standards board and board of advisors           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 2 - election assistance commission standards board and board
                 of advisors                       

-HEAD-
      SUBPART 2 - ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND
                             BOARD OF ADVISORS

-End-

-CITE-
    42 USC Sec. 15341                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 2 - election assistance commission standards board and board
                 of advisors                       

-HEAD-
    Sec. 15341. Establishment

-STATUTE-
      There are hereby established the Election Assistance Commission
    Standards Board (hereafter in this subchapter referred to as the
    "Standards Board") and the Election Assistance Commission Board of
    Advisors (hereafter in this subchapter referred to as the "Board of
    Advisors").

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 211, Oct. 29, 2002, 116 Stat.
    1678.)

-End-

-CITE-
    42 USC Sec. 15342                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 2 - election assistance commission standards board and board
                 of advisors                       

-HEAD-
    Sec. 15342. Duties

-STATUTE-
      The Standards Board and the Board of Advisors shall each, in
    accordance with the procedures described in subpart 3 of this part,
    review the voluntary voting system guidelines under such subpart,
    the voluntary guidance under subchapter III of this chapter, and
    the best practices recommendations contained in the report
    submitted under section 15382(b) of this title.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 212, Oct. 29, 2002, 116 Stat.
    1678.)

-End-

-CITE-
    42 USC Sec. 15343                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 2 - election assistance commission standards board and board
                 of advisors                       

-HEAD-
    Sec. 15343. Membership of Standards Board

-STATUTE-
    (a) Composition
      (1) In general
        Subject to certification by the chair of the Federal Election
      Commission under subsection (b) of this section, the Standards
      Board shall be composed of 110 members as follows:
          (A) Fifty-five shall be State election officials selected by
        the chief State election official of each State.
          (B) Fifty-five shall be local election officials selected in
        accordance with paragraph (2).
      (2) List of local election officials
        Each State's local election officials, including the local
      election officials of Puerto Rico and the United States Virgin
      Islands, shall select (under a process supervised by the chief
      election official of the State) a representative local election
      official from the State for purposes of paragraph (1)(B). In the
      case of the District of Columbia, Guam, and American Samoa, the
      chief election official shall establish a procedure for selecting
      an individual to serve as a local election official for purposes
      of such paragraph, except that under such a procedure the
      individual selected may not be a member of the same political
      party as the chief election official.
      (3) Requiring mix of political parties represented
        The two members of the Standards Board who represent the same
      State may not be members of the same political party.
    (b) Procedures for notice and certification of appointment
      (1) Notice to chair of Federal Election Commission
        Not later than 90 days after October 29, 2002, the chief State
      election official of the State shall transmit a notice to the
      chair of the Federal Election Commission containing - 
          (A) the name of the State election official who agrees to
        serve on the Standards Board under this subchapter; and
          (B) the name of the representative local election official
        from the State selected under subsection (a)(2) of this section
        who agrees to serve on the Standards Board under this
        subchapter.
      (2) Certification
        Upon receiving a notice from a State under paragraph (1), the
      chair of the Federal Election Commission shall publish a
      certification that the selected State election official and the
      representative local election official are appointed as members
      of the Standards Board under this subchapter.
      (3) Effect of failure to provide notice
        If a State does not transmit a notice to the chair of the
      Federal Election Commission under paragraph (1) within the
      deadline described in such paragraph, no representative from the
      State may participate in the selection of the initial Executive
      Board under subsection (c) of this section.
      (4) Role of Commission
        Upon the appointment of the members of the Election Assistance
      Commission, the Election Assistance Commission shall carry out
      the duties of the Federal Election Commission under this
      subsection.
    (c) Executive Board
      (1) In general
        Not later than 60 days after the last day on which the
      appointment of any of its members may be certified under
      subsection (b) of this section, the Standards Board shall select
      nine of its members to serve as the Executive Board of the
      Standards Board, of whom - 
          (A) not more than five may be State election officials;
          (B) not more than five may be local election 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 Standards 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 Standards 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.
      (4) Duties
        In addition to any other duties assigned under this subchapter,
      the Executive Board of the Standards Board may carry out such
      duties of the Standards Board as the Standards Board may
      delegate.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 213, Oct. 29, 2002, 116 Stat.
    1678.)

-End-

-CITE-
    42 USC Sec. 15344                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 2 - election assistance commission standards board and board
                 of advisors                       

-HEAD-
    Sec. 15344. Membership of Board of Advisors

-STATUTE-
    (a) In general
      The Board of Advisors shall be composed of 37 members appointed
    as follows:
        (1) Two members appointed by the National Governors
      Association.
        (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
      Counties.
        (6) Two members appointed by the National Association of County
      Recorders, Election Administrators, and Clerks.
        (7) Two members appointed by the United States Conference of
      Mayors.
        (8) Two members appointed by the Election Center.
        (9) Two members appointed by the International Association of
      County Recorders, Election Officials, and Treasurers.
        (10) Two members appointed by the United States Commission on
      Civil Rights.
        (11) Two members appointed by the Architectural and
      Transportation Barrier Compliance Board under section 792 of
      title 29.
        (12) The chief of the Office of Public Integrity of the
      Department of Justice, or the chief's designee.
        (13) The chief of the Voting Section of the Civil Rights
      Division of the Department of Justice or the chief's designee.
        (14) The director of the Federal Voting Assistance Program of
      the Department of Defense.
        (15) 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.

        (16) Eight members representing voter interests, of whom - 
          (A) four members shall be appointed by the Committee on House
        Administration of the House of Representatives, of whom two
        shall be appointed by the chair and two shall be appointed by
        the ranking minority member; and
          (B) four members shall be appointed by the Committee on Rules
        and Administration of the Senate, of whom two shall be
        appointed by the chair and two shall be appointed by the
        ranking minority member.
    (b) Manner of appointments
      Appointments shall be made to the Board of Advisors under
    subsection (a) of this section in a manner which ensures that the
    Board of Advisors will be bipartisan in nature and will reflect the
    various geographic regions of the United States.
    (c) Term of service; vacancy
      Members of the Board of Advisors shall serve for a term of 2
    years, and may be reappointed. Any vacancy in the Board of Advisors
    shall be filled in the manner in which the original appointment was
    made.
    (d) Chair
      The Board of Advisors shall elect a Chair from among its members.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 214, Oct. 29, 2002, 116 Stat.
    1680.)

-End-

-CITE-
    42 USC Sec. 15345                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 2 - election assistance commission standards board and board
                 of advisors                       

-HEAD-
    Sec. 15345. Powers of Boards; no compensation for service

-STATUTE-
    (a) Hearings and sessions
      (1) In general
        To the extent that funds are made available by the Commission,
      the Standards Board (acting through the Executive Board) and the
      Board of Advisors may each hold such hearings for the purpose of
      carrying out this chapter, sit and act at such times and places,
      take such testimony, and receive such evidence as each such Board
      considers advisable to carry out this subchapter, except that the
      Boards may not issue subpoenas requiring the attendance and
      testimony of witnesses or the production of any evidence.
      (2) Meetings
        The Standards Board and the Board of Advisors shall each hold a
      meeting of its members - 
          (A) not less frequently than once every year for purposes of
        voting on the voluntary voting system guidelines referred to it
        under section 15362 of this title;
          (B) in the case of the Standards Board, not less frequently
        than once every 2 years for purposes of selecting the Executive
        Board; and
          (C) at such other times as it considers appropriate for
        purposes of conducting such other business as it considers
        appropriate consistent with this subchapter.
    (b) Information from Federal agencies
      The Standards Board and the Board of Advisors may each secure
    directly from any Federal department or agency such information as
    the Board considers necessary to carry out this chapter. Upon
    request of the Executive Board (in the case of the Standards Board)
    or the Chair (in the case of the Board of Advisors), the head of
    such department or agency shall furnish such information to the
    Board.
    (c) Postal services
      The Standards Board and the Board of Advisors 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 (in the case of the
    Standards Board) or the Chair (in the case of the Board of
    Advisors), 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 subchapter.
    (e) No compensation for service
      Members of the Standards Board and members of the Board of
    Advisors 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, while away from their homes
    or regular places of business in the performance of services for
    the Board.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 215, Oct. 29, 2002, 116 Stat.
    1681.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(1) and (b), was in the
    original "this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116
    Stat. 1666, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 15301 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 15346                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 2 - election assistance commission standards board and board
                 of advisors                       

-HEAD-
    Sec. 15346. Status of Boards and members for purposes of claims
      against Board

-STATUTE-
    (a) In general
      The provisions of chapters 161 and 171 of title 28 shall apply
    with respect to the liability of the Standards Board, the Board of
    Advisors, and their 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) of this section 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 Standards Board or the Board of Advisors.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 216, Oct. 29, 2002, 116 Stat.
    1681.)

-End-

-CITE-
    42 USC subpart 3 - technical guidelines development
           committee                                       01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 3 - technical guidelines development committee

-HEAD-
          SUBPART 3 - TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE      

-End-

-CITE-
    42 USC Sec. 15361                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 3 - technical guidelines development committee

-HEAD-
    Sec. 15361. Technical Guidelines Development Committee

-STATUTE-
    (a) Establishment
      There is hereby established the Technical Guidelines Development
    Committee (hereafter in this subpart referred to as the
    "Development Committee").
    (b) Duties
      (1) In general
        The Development Committee shall assist the Executive Director
      of the Commission in the development of the voluntary voting
      system guidelines.
      (2) Deadline for initial set of recommendations
        The Development Committee shall provide its first set of
      recommendations under this section to the Executive Director of
      the Commission not later than 9 months after all of its members
      have been appointed.
    (c) Membership
      (1) In general
        The Development Committee shall be composed of the Director of
      the National Institute of Standards and Technology (who shall
      serve as its chair), together with a group of 14 other
      individuals appointed jointly by the Commission and the Director
      of the National Institute of Standards and Technology, consisting
      of the following:
          (A) An equal number of each of the following:
            (i) Members of the Standards Board.
            (ii) Members of the Board of Advisors.
            (iii) Members of the Architectural and Transportation
          Barrier Compliance Board under section 792 of title 29.

          (B) A representative of the American National Standards
        Institute.
          (C) A representative of the Institute of Electrical and
        Electronics Engineers.
          (D) Two representatives of the National Association of State
        Election Directors selected by such Association who are not
        members of the Standards Board or Board of Advisors, and who
        are not of the same political party.
          (E) Other individuals with technical and scientific expertise
        relating to voting systems and voting equipment.
      (2) Quorum
        A majority of the members of the Development Committee shall
      constitute a quorum, except that the Development Committee may
      not conduct any business prior to the appointment of all of its
      members.
    (d) No compensation for service
      Members of the Development Committee 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,
    while away from their homes or regular places of business in the
    performance of services for the Development Committee.
    (e) Technical support from National Institute of Standards and
      Technology
      (1) In general
        At the request of the Development Committee, the Director of
      the National Institute of Standards and Technology shall provide
      the Development Committee with technical support necessary for
      the Development Committee to carry out its duties under this
      part.
      (2) Technical support
        The technical support provided under paragraph (1) shall
      include intramural research and development in areas to support
      the development of the voluntary voting system guidelines under
      this subpart, including - 
          (A) the security of computers, computer networks, and
        computer data storage used in voting systems, including the
        computerized list required under section 15483(a) of this
        title;
          (B) methods to detect and prevent fraud;
          (C) the protection of voter privacy;
          (D) the role of human factors in the design and application
        of voting systems, including assistive technologies for
        individuals with disabilities (including blindness) and varying
        levels of literacy; and
          (E) remote access voting, including voting through the
        Internet.
      (3) No private sector intellectual property rights in guidelines
        No private sector individual or entity shall obtain any
      intellectual property rights to any guideline or the contents of
      any guideline (or any modification to any guideline) adopted by
      the Commission under this chapter.
    (f) Publication of recommendations in Federal Register
      At the time the Commission adopts any voluntary voting system
    guideline pursuant to section 15362 of this title, the Development
    Committee shall cause to have published in the Federal Register the
    recommendations it provided under this section to the Executive
    Director of the Commission concerning the guideline adopted.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 221, Oct. 29, 2002, 116 Stat.
    1682.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (e)(3), was in the original
    "this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15301 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 15362                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part A - Establishment and General Organization
    subpart 3 - technical guidelines development committee

-HEAD-
    Sec. 15362. Process for adoption

-STATUTE-
    (a) General requirement for notice and comment
      Consistent with the requirements of this section, the final
    adoption of the voluntary voting system guidelines (or modification
    of such a guideline) shall be carried out by the Commission in a
    manner that provides for each of the following:
        (1) Publication of notice of the proposed guidelines in the
      Federal Register.
        (2) An opportunity for public comment on the proposed
      guidelines.
        (3) An opportunity for a public hearing on the record.
        (4) Publication of the final guidelines in the Federal
      Register.
    (b) Consideration of recommendations of Development Committee;
      submission of proposed guidelines to Board of Advisors and
      Standards Board
      (1) Consideration of recommendations of Development Committee
        In developing the voluntary voting system guidelines and
      modifications of such guidelines under this section, the
      Executive Director of the Commission shall take into
      consideration the recommendations provided by the Technical
      Guidelines Development Committee under section 15361 of this
      title.
      (2) Board of Advisors
        The Executive Director of the Commission shall submit the
      guidelines proposed to be adopted under this subpart (or any
      modifications to such guidelines) to the Board of Advisors.
      (3) Standards Board
        The Executive Director of the Commission shall submit the
      guidelines proposed to be adopted under this subpart (or any
      modifications to such guidelines) to the Executive Board of the
      Standards Board, which shall review the guidelines (or
      modifications) and forward its recommendations to the Standards
      Board.
    (c) Review
      Upon receipt of voluntary voting system guidelines described in
    subsection (b) of this section (or a modification of such
    guidelines) from the Executive Director of the Commission, the
    Board of Advisors and the Standards Board shall each review and
    submit comments and recommendations regarding the guideline (or
    modification) to the Commission.
    (d) Final adoption
      (1) In general
        A voluntary voting system guideline described in subsection (b)
      of this section (or modification of such a guideline) shall not
      be considered to be finally adopted by the Commission unless the
      Commission votes to approve the final adoption of the guideline
      (or modification), taking into consideration the comments and
      recommendations submitted by the Board of Advisors and the
      Standards Board under subsection (c) of this section.
      (2) Minimum period for consideration of comments and
        recommendations
        The Commission may not vote on the final adoption of a
      guideline described in subsection (b) of this section (or
      modification of such a guideline) until the expiration of the 90-
      day period which begins on the date the Executive Director of
      the Commission submits the proposed guideline (or modification)
      to the Board of Advisors and the Standards Board under subsection
      (b) of this section.
    (e) Special rule for initial set of guidelines
      Notwithstanding any other provision of this subpart, the most
    recent set of voting system standards adopted by the Federal
    Election Commission prior to October 29, 2002, shall be deemed to
    have been adopted by the Commission as of October 29, 2002, as the
    first set of voluntary voting system guidelines adopted under this
    subpart.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 222, Oct. 29, 2002, 116 Stat.
    1683.)

-End-

-CITE-
    42 USC Part B - Testing, Certification, Decertification,
                     and Recertification of Voting
                     System Hardware and Software          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part B - Testing, Certification, Decertification, and
              Recertification of Voting System Hardware and
              Software                                

-HEAD-
           PART B - TESTING, CERTIFICATION, DECERTIFICATION, AND
          RECERTIFICATION OF VOTING SYSTEM HARDWARE AND SOFTWARE

-End-

-CITE-
    42 USC Sec. 15371                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part B - Testing, Certification, Decertification, and
              Recertification of Voting System Hardware and
              Software                                

-HEAD-
    Sec. 15371. Certification and testing of voting systems

-STATUTE-
    (a) Certification and testing
      (1) In general
        The Commission shall provide for the testing, certification,
      decertification, and recertification of voting system hardware
      and software by accredited laboratories.
      (2) Optional use by States
        At the option of a State, the State may provide for the
      testing, certification, decertification, or recertification of
      its voting system hardware and software by the laboratories
      accredited by the Commission under this section.
    (b) Laboratory accreditation
      (1) Recommendations by National Institute of Standards and
        Technology
        Not later than 6 months after the Commission first adopts
      voluntary voting system guidelines under subpart 3 of part A of
      this subchapter, the Director of the National Institute of
      Standards and Technology shall conduct an evaluation of
      independent, non-Federal laboratories and shall submit to the
      Commission a list of those laboratories the Director proposes to
      be accredited to carry out the testing, certification,
      decertification, and recertification provided for under this
      section.
      (2) Approval by Commission
        (A) In general
          The Commission shall vote on the accreditation of any
        laboratory under this section, taking into consideration the
        list submitted under paragraph (1), and no laboratory may be
        accredited for purposes of this section unless its
        accreditation is approved by a vote of the Commission.
        (B) Accreditation of laboratories not on Director list
          The Commission shall publish an explanation for the
        accreditation of any laboratory not included on the list
        submitted by the Director of the National Institute of
        Standards and Technology under paragraph (1).
    (c) Continuing review by National Institute of Standards and
      Technology
      (1) In general
        In cooperation with the Commission and in consultation with the
      Standards Board and the Board of Advisors, the Director of the
      National Institute of Standards and Technology shall monitor and
      review, on an ongoing basis, the performance of the laboratories
      accredited by the Commission under this section, and shall make
      such recommendations to the Commission as it considers
      appropriate with respect to the continuing accreditation of such
      laboratories, including recommendations to revoke the
      accreditation of any such laboratory.
      (2) Approval by Commission required for revocation
        The accreditation of a laboratory for purposes of this section
      may not be revoked unless the revocation is approved by a vote of
      the Commission.
    (d) Transition
      Until such time as the Commission provides for the testing,
    certification, decertification, and recertification of voting
    system hardware and software by accredited laboratories under this
    section, the accreditation of laboratories and the procedure for
    the testing, certification, decertification, and recertification of
    voting system hardware and software used as of October 29, 2002,
    shall remain in effect.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 231, Oct. 29, 2002, 116 Stat.
    1684.)

-End-

-CITE-
    42 USC Part C - Studies and Other Activities To Promote
                     Effective Administration of Federal
                     Elections                             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part C - Studies and Other Activities To Promote Effective
              Administration of Federal Elections     

-HEAD-
        PART C - STUDIES AND OTHER ACTIVITIES TO PROMOTE EFFECTIVE
                    ADMINISTRATION OF FEDERAL ELECTIONS

-End-

-CITE-
    42 USC Sec. 15381                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part C - Studies and Other Activities To Promote Effective
              Administration of Federal Elections     

-HEAD-
    Sec. 15381. Periodic studies of election administration issues

-STATUTE-
    (a) In general
      On such periodic basis as the Commission may determine, the
    Commission shall conduct and make available to the public studies
    regarding the election administration issues described in
    subsection (b) of this section, with the goal of promoting methods
    of voting and administering elections which - 
        (1) will be the most convenient, accessible, and easy to use
      for voters, including members of the uniformed services and
      overseas voters, individuals with disabilities, including the
      blind and visually impaired, and voters with limited proficiency
      in the English language;
        (2) will yield the most accurate, secure, and expeditious
      system for voting and tabulating election results;
        (3) will be nondiscriminatory and afford each registered and
      eligible voter an equal opportunity to vote and to have that vote
      counted; and
        (4) will be efficient and cost-effective for use.
    (b) Election administration issues described
      For purposes of subsection (a) of this section, the election
    administration issues described in this subsection are as follows:
        (1) Methods and mechanisms of election technology and voting
      systems used in voting and counting votes in elections for
      Federal office, including the over-vote and under-vote
      notification capabilities of such technology and systems.
        (2) Ballot designs for elections for Federal office.
        (3) Methods of voter registration, maintaining secure and
      accurate lists of registered voters (including the establishment
      of a centralized, interactive, statewide voter registration list
      linked to relevant agencies and all polling sites), and ensuring
      that registered voters appear on the voter registration list at
      the appropriate polling site.
        (4) Methods of conducting provisional voting.
        (5) Methods of ensuring the accessibility of voting,
      registration, polling places, and voting equipment to all voters,
      including individuals with disabilities (including the blind and
      visually impaired), Native American or Alaska Native citizens,
      and voters with limited proficiency in the English language.
        (6) Nationwide statistics and methods of identifying,
      deterring, and investigating voting fraud in elections for
      Federal office.
        (7) Identifying, deterring, and investigating methods of voter
      intimidation.
        (8) Methods of recruiting, training, and improving the
      performance of poll workers.
        (9) Methods of educating voters about the process of
      registering to vote and voting, the operation of voting
      mechanisms, the location of polling places, and all other aspects
      of participating in elections.
        (10) The feasibility and advisability of conducting elections
      for Federal office on different days, at different places, and
      during different hours, including the advisability of
      establishing a uniform poll closing time and establishing - 
          (A) a legal public holiday under section 6103 of title 5 as
        the date on which general elections for Federal office are
        held;
          (B) the Tuesday next after the 1st Monday in November, in
        every even numbered year, as a legal public holiday under such
        section;
          (C) a date other than the Tuesday next after the 1st Monday
        in November, in every even numbered year as the date on which
        general elections for Federal office are held; and
          (D) any date described in subparagraph (C) as a legal public
        holiday under such section.

        (11) Federal and State laws governing the eligibility of
      persons to vote.
        (12) Ways that the Federal Government can best assist State and
      local authorities to improve the administration of elections for
      Federal office and what levels of funding would be necessary to
      provide such assistance.
        (13)(A) The laws and procedures used by each State that govern -
       
          (i) recounts of ballots cast in elections for Federal office;
          (ii) contests of determinations regarding whether votes are
        counted in such elections; and
          (iii) standards that define what will constitute a vote on
        each type of voting equipment used in the State to conduct
        elections for Federal office.

        (B) The best practices (as identified by the Commission) that
      are used by States with respect to the recounts and contests
      described in clause (i).
        (C) Whether or not there is a need for more consistency among
      State recount and contest procedures used with respect to
      elections for Federal office.
        (14) The technical feasibility of providing voting materials in
      eight or more languages for voters who speak those languages and
      who have limited English proficiency.
        (15) Matters particularly relevant to voting and administering
      elections in rural and urban areas.
        (16) Methods of voter registration for members of the uniformed
      services and overseas voters, and methods of ensuring that such
      voters receive timely ballots that will be properly and
      expeditiously handled and counted.
        (17) The best methods for establishing voting system
      performance benchmarks, expressed as a percentage of residual
      vote in the Federal contest at the top of the ballot.
        (18) Broadcasting practices that may result in the broadcast of
      false information concerning the location or time of operation of
      a polling place.
        (19) Such other matters as the Commission determines are
      appropriate.
    (c) Reports
      The Commission shall submit to the President and to the Committee
    on House Administration of the House of Representatives and the
    Committee on Rules and Administration of the Senate a report on
    each study conducted under subsection (a) of this section together
    with such recommendations for administrative and legislative action
    as the Commission determines is appropriate.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 241, Oct. 29, 2002, 116 Stat.
    1686.)

-End-

-CITE-
    42 USC Sec. 15382                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part C - Studies and Other Activities To Promote Effective
              Administration of Federal Elections     

-HEAD-
    Sec. 15382. Study, report, and recommendations on best practices
      for facilitating military and overseas voting

-STATUTE-
    (a) Study
      (1) In general
        The Commission, in consultation with the Secretary of Defense,
      shall conduct a study on the best practices for facilitating
      voting by absent uniformed services voters (as defined in section
      1973ff-6(1) of this title) and overseas voters (as defined in
      section 1973ff-6(5) of this title).
      (2) Issues considered
        In conducting the study under paragraph (1) the Commission
      shall consider the following issues:
          (A) The rights of residence of uniformed services voters
        absent due to military orders.
          (B) The rights of absent uniformed services voters and
        overseas voters to register to vote and cast absentee ballots,
        including the right of such voters to cast a secret ballot.
          (C) The rights of absent uniformed services voters and
        overseas voters to submit absentee ballot applications early
        during an election year.
          (D) The appropriate preelection deadline for mailing absentee
        ballots to absent uniformed services voters and overseas
        voters.
          (E) The appropriate minimum period between the mailing of
        absentee ballots to absent uniformed services voters and
        overseas voters and the deadline for receipt of such ballots.
          (F) The timely transmission of balloting materials to absent
        uniformed services voters and overseas voters.
          (G) Security and privacy concerns in the transmission,
        receipt, and processing of ballots from absent uniformed
        services voters and overseas voters, including the need to
        protect against fraud.
          (H) The use of a single application by absent uniformed
        services voters and overseas voters for absentee ballots for
        all Federal elections occurring during a year.
          (I) The use of a single application for voter registration
        and absentee ballots by absent uniformed services voters and
        overseas voters.
          (J) The use of facsimile machines and electronic means of
        transmission of absentee ballot applications and absentee
        ballots to absent uniformed services voters and overseas
        voters.
          (K) Other issues related to the rights of absent uniformed
        services voters and overseas voters to participate in
        elections.
    (b) Report and recommendations
      Not later than the date that is 18 months after October 29, 2002,
    the Commission shall submit to the President and Congress a report
    on the study conducted under subsection (a)(1) of this section
    together with recommendations identifying the best practices used
    with respect to the issues considered under subsection (a)(2) of
    this section.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 242, Oct. 29, 2002, 116 Stat.
    1688.)

-End-

-CITE-
    42 USC Sec. 15383                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part C - Studies and Other Activities To Promote Effective
              Administration of Federal Elections     

-HEAD-
    Sec. 15383. Report on human factor research

-STATUTE-
      Not later than 1 year after October 29, 2002, the Commission, in
    consultation with the Director of the National Institute of
    Standards and Technology, shall submit a report to Congress which
    assesses the areas of human factor research, including usability
    engineering and human-computer and human-machine interaction, which
    feasibly could be applied to voting products and systems design to
    ensure the usability and accuracy of voting products and systems,
    including methods to improve access for individuals with
    disabilities (including blindness) and individuals with limited
    proficiency in the English language and to reduce voter error and
    the number of spoiled ballots in elections.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 243, Oct. 29, 2002, 116 Stat.
    1688.)

-End-

-CITE-
    42 USC Sec. 15384                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part C - Studies and Other Activities To Promote Effective
              Administration of Federal Elections     

-HEAD-
    Sec. 15384. Study and report on voters who register by mail and use
      of Social Security information

-STATUTE-
    (a) Registration by mail
      (1) Study
        (A) In general
          The Commission shall conduct a study of the impact of section
        15483(b) of this title on voters who register by mail.
        (B) Specific issues studied
          The study conducted under subparagraph (A) shall include - 
            (i) an examination of the impact of section 15483(b) of
          this title on first time mail registrant voters who vote in
          person, including the impact of such section on voter
          registration;
            (ii) an examination of the impact of such section on the
          accuracy of voter rolls, including preventing ineligible
          names from being placed on voter rolls and ensuring that all
          eligible names are placed on voter rolls; and
            (iii) an analysis of the impact of such section on existing
          State practices, such as the use of signature verification or
          attestation procedures to verify the identity of voters in
          elections for Federal office, and an analysis of other
          changes that may be made to improve the voter registration
          process, such as verification or additional information on
          the registration card.
      (2) Report
        Not later than 18 months after the date on which section
      15483(b)(2) of this title takes effect, the Commission shall
      submit a report to the President and Congress on the study
      conducted under paragraph (1)(A) together with such
      recommendations for administrative and legislative action as the
      Commission determines is appropriate.
    (b) Use of Social Security information
      Not later than 18 months after the date on which section
    15483(a)(5) of this title takes effect, the Commission, in
    consultation with the Commissioner of Social Security, shall study
    and report to Congress on the feasibility and advisability of using
    Social Security identification numbers or other information
    compiled by the Social Security Administration to establish voter
    registration or other election law eligibility or identification
    requirements, including the matching of relevant information
    specific to an individual voter, the impact of such use on national
    security issues, and whether adequate safeguards or waiver
    procedures exist to protect the privacy of an individual voter.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 244, Oct. 29, 2002, 116 Stat.
    1689.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective dates of subsecs. (a)(5) and (b)(2) of section
    15483 of this title, referred to in subsecs. (a)(2) and (b), see
    section 15483(d) of this title.

-End-

-CITE-
    42 USC Sec. 15385                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part C - Studies and Other Activities To Promote Effective
              Administration of Federal Elections     

-HEAD-
    Sec. 15385. Study and report on electronic voting and the electoral
      process

-STATUTE-
    (a) Study
      (1) In general
        The Commission shall conduct a thorough study of issues and
      challenges, specifically to include the potential for election
      fraud, presented by incorporating communications and Internet
      technologies in the Federal, State, and local electoral process.
      (2) Issues to be studied
        The Commission may include in the study conducted under
      paragraph (1) an examination of - 
          (A) the appropriate security measures required and minimum
        standards for certification of systems or technologies in order
        to minimize the potential for fraud in voting or in the
        registration of qualified citizens to register and vote;
          (B) the possible methods, such as Internet or other
        communications technologies, that may be utilized in the
        electoral process, including the use of those technologies to
        register voters and enable citizens to vote online, and
        recommendations concerning statutes and rules to be adopted in
        order to implement an online or Internet system in the
        electoral process;
          (C) the impact that new communications or Internet technology
        systems for use in the electoral process could have on voter
        participation rates, voter education, public accessibility,
        potential external influences during the elections process,
        voter privacy and anonymity, and other issues related to the
        conduct and administration of elections;
          (D) whether other aspects of the electoral process, such as
        public availability of candidate information and citizen
        communication with candidates, could benefit from the increased
        use of online or Internet technologies;
          (E) the requirements for authorization of collection,
        storage, and processing of electronically generated and
        transmitted digital messages to permit any eligible person to
        register to vote or vote in an election, including applying for
        and casting an absentee ballot;
          (F) the implementation cost of an online or Internet voting
        or voter registration system and the costs of elections after
        implementation (including a comparison of total cost savings
        for the administration of the electoral process by using
        Internet technologies or systems);
          (G) identification of current and foreseeable online and
        Internet technologies for use in the registration of voters,
        for voting, or for the purpose of reducing election fraud,
        currently available or in use by election authorities;
          (H) the means by which to ensure and achieve equity of access
        to online or Internet voting or voter registration systems and
        address the fairness of such systems to all citizens; and
          (I) the impact of technology on the speed, timeliness, and
        accuracy of vote counts in Federal, State, and local elections.
    (b) Report
      (1) Submission
        Not later than 20 months after October 29, 2002, the Commission
      shall transmit to the Committee on House Administration of the
      House of Representatives and the Committee on Rules and
      Administration of the Senate a report on the results of the study
      conducted under subsection (a) of this section, including such
      legislative recommendations or model State laws as are required
      to address the findings of the Commission.
      (2) Internet posting
        In addition to the dissemination requirements under chapter 19
      of title 44, the Election Administration Commission shall post
      the report transmitted under paragraph (1) on an Internet
      website.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 245, Oct. 29, 2002, 116 Stat.
    1690.)

-End-

-CITE-
    42 USC Sec. 15386                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part C - Studies and Other Activities To Promote Effective
              Administration of Federal Elections     

-HEAD-
    Sec. 15386. Study and report on free absentee ballot postage

-STATUTE-
    (a) Study on the establishment of a free absentee ballot postage
      program
      (1) In general
        The Commission, in consultation with the Postal Service, shall
      conduct a study on the feasibility and advisability of the
      establishment of a program under which the Postal Service shall
      waive or otherwise reduce the amount of postage applicable with
      respect to absentee ballots submitted by voters in general
      elections for Federal office (other than balloting materials
      mailed under section 3406 of title 39) that does not apply with
      respect to the postage required to send the absentee ballots to
      voters.
      (2) Public survey
        As part of the study conducted under paragraph (1), the
      Commission shall conduct a survey of potential beneficiaries
      under the program described in such paragraph, including the
      elderly and disabled, and shall take into account the results of
      such survey in determining the feasibility and advisability of
      establishing such a program.
    (b) Report
      (1) Submission
        Not later than the date that is 1 year after October 29, 2002,
      the Commission shall submit to Congress a report on the study
      conducted under subsection (a)(1) of this section together with
      recommendations for such legislative and administrative action as
      the Commission determines appropriate.
      (2) Costs
        The report submitted under paragraph (1) shall contain an
      estimate of the costs of establishing the program described in
      subsection (a)(1) of this section.
      (3) Implementation
        The report submitted under paragraph (1) shall contain an
      analysis of the feasibility of implementing the program described
      in subsection (a)(1) of this section with respect to the absentee
      ballots to be submitted in the general election for Federal
      office held in 2004.
      (4) Recommendations regarding the elderly and disabled
        The report submitted under paragraph (1) shall - 
          (A) include recommendations on ways that program described in
        subsection (a)(1) of this section would target elderly
        individuals and individuals with disabilities; and
          (B) identify methods to increase the number of such
        individuals who vote in elections for Federal office.
    (c) Postal Service defined
      The term "Postal Service" means the United States Postal Service
    established under section 201 of title 39.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 246, Oct. 29, 2002, 116 Stat.
    1691.)

-End-

-CITE-
    42 USC Sec. 15387                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part C - Studies and Other Activities To Promote Effective
              Administration of Federal Elections     

-HEAD-
    Sec. 15387. Consultation with Standards Board and Board of Advisors

-STATUTE-
      The Commission shall carry out its duties under this part in
    consultation with the Standards Board and the Board of Advisors.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 247, Oct. 29, 2002, 116 Stat.
    1692.)

-End-

-CITE-
    42 USC Part D - Election Assistance                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance

-HEAD-
                       PART D - ELECTION ASSISTANCE                   

-End-

-CITE-
    42 USC subpart 1 - requirements payments                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 1 - requirements payments

-HEAD-
                     SUBPART 1 - REQUIREMENTS PAYMENTS                 

-End-

-CITE-
    42 USC Sec. 15401                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 1 - requirements payments

-HEAD-
    Sec. 15401. Requirements payments

-STATUTE-
    (a) In general
      The Commission shall make a requirements payment each year in an
    amount determined under section 15402 of this title to each State
    which meets the conditions described in section 15403 of this title
    for the year.
    (b) Use of funds
      (1) In general
        Except as provided in paragraph (2), a State receiving a
      requirements payment shall use the payment only to meet the
      requirements of subchapter III of this chapter.
      (2) Other activities
        A State may use a requirements payment to carry out other
      activities to improve the administration of elections for Federal
      office if the State certifies to the Commission that - 
          (A) the State has implemented the requirements of subchapter
        III of this chapter; or
          (B) the amount expended with respect to such other activities
        does not exceed an amount equal to the minimum payment amount
        applicable to the State under section 15402(c) of this title.
    (c) Retroactive payments
      (1) In general
        Notwithstanding any other provision of this part, including the
      maintenance of effort requirements of section 15404(a)(7) of this
      title, a State may use a requirements payment as a reimbursement
      for costs incurred in obtaining voting equipment which meets the
      requirements of section 15481 of this title if the State obtains
      the equipment after the regularly scheduled general election for
      Federal office held in November 2000.
      (2) Special rule regarding multiyear contracts
        A State may use a requirements payment for any costs for voting
      equipment which meets the requirements of section 15481 of this
      title that, pursuant to a multiyear contract, were incurred on or
      after January 1, 2001, except that the amount that the State is
      otherwise required to contribute under the maintenance of effort
      requirements of section 15404(a)(7) of this title shall be
      increased by the amount of the payment made with respect to such
      multiyear contract.
    (d) Adoption of Commission guidelines and guidance not required to
      receive payment
      Nothing in this subpart may be construed to require a State to
    implement any of the voluntary voting system guidelines or any of
    the voluntary guidance adopted by the Commission with respect to
    any matter as a condition for receiving a requirements payment.
    (e) Schedule of payments
      As soon as practicable after the initial appointment of all
    members of the Commission (but in no event later than 6 months
    thereafter), and not less frequently than once each calendar year
    thereafter, the Commission shall make requirements payments to
    States under this subpart.
    (f) Limitation
      A State may not use any portion of a requirements payment - 
        (1) to pay costs associated with any litigation, except to the
      extent that such costs otherwise constitute permitted uses of a
      requirements payment under this subpart; or
        (2) for the payment of any judgment.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 251, Oct. 29, 2002, 116 Stat.
    1692.)

-End-

-CITE-
    42 USC Sec. 15402                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 1 - requirements payments

-HEAD-
    Sec. 15402. Allocation of funds

-STATUTE-
    (a) In general
      Subject to subsection (c) of this section, the amount of a
    requirements payment made to a State for a year shall be equal to
    the product of - 
        (1) the total amount appropriated for requirements payments for
      the year pursuant to the authorization under section 15407 of
      this title; and
        (2) the State allocation percentage for the State (as
      determined under subsection (b) of this section).
    (b) State allocation percentage defined
      The "State allocation percentage" for a State is the amount
    (expressed as a percentage) equal to the quotient of - 
        (1) the voting age population of the State (as reported in the
      most recent decennial census); and
        (2) the total voting age population of all States (as reported
      in the most recent decennial census).
    (c) Minimum amount of payment
      The amount of a requirements payment made to a State for a year
    may not be less than - 
        (1) in the case of any of the several States or the District of
      Columbia, one-half of 1 percent of the total amount appropriated
      for requirements payments for the year under section 15407 of
      this title; or
        (2) in the case of the Commonwealth of Puerto Rico, Guam,
      American Samoa, or the United States Virgin Islands, one-tenth of
      1 percent of such total amount.
    (d) Pro rata reductions
      The Administrator (!1) shall make such pro rata reductions to the
    allocations determined under subsection (a) of this section as are
    necessary to comply with the requirements of subsection (c) of this
    section.

    (e) Continuing availability of funds after appropriation
      A requirements payment made to a State under this subpart shall
    be available to the State without fiscal year limitation.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 252, Oct. 29, 2002, 116 Stat.
    1693.)

-FOOTNOTE-
    (!1) So in original. Probably should be "Commission".

-End-

-CITE-
    42 USC Sec. 15403                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 1 - requirements payments

-HEAD-
    Sec. 15403. Condition for receipt of funds

-STATUTE-
    (a) In general
      A State is eligible to receive a requirements payment for a
    fiscal year if the chief executive officer of the State, or
    designee, in consultation and coordination with the chief State
    election official, has filed with the Commission a statement
    certifying that the State is in compliance with the requirements
    referred to in subsection (b) of this section. A State may meet the
    requirement of the previous sentence by filing with the Commission
    a statement which reads as follows: "______ hereby certifies that
    it is in compliance with the requirements referred to in section
    253(b) of the Help America Vote Act of 2002." (with the blank to be
    filled in with the name of the State involved).
    (b) State plan requirement; certification of compliance with
      applicable laws and requirements
      The requirements referred to in this subsection are as follows:
        (1) The State has filed with the Commission a State plan
      covering the fiscal year which the State certifies - 
          (A) contains each of the elements described in section 15404
        of this title with respect to the fiscal year;
          (B) is developed in accordance with section 15405 of this
        title; and
          (C) meets the public notice and comment requirements of
        section 15406 of this title.

        (2) The State has filed with the Commission a plan for the
      implementation of the uniform, nondiscriminatory administrative
      complaint procedures required under section 15512 of this title
      (or has included such a plan in the State plan filed under
      paragraph (1)), and has such procedures in place for purposes of
      meeting the requirements of such section. If the State does not
      include such an implementation plan in the State plan filed under
      paragraph (1), the requirements of sections 15405(b) and 15406 of
      this title shall apply to the implementation plan in the same
      manner as such requirements apply to the State plan.
        (3) The State is in compliance with each of the laws described
      in section 15545 of this title, as such laws apply with respect
      to this chapter.
        (4) To the extent that any portion of the requirements payment
      is used for activities other than meeting the requirements of
      subchapter III of this chapter - 
          (A) the State's proposed uses of the requirements payment are
        not inconsistent with the requirements of subchapter III of
        this chapter; and
          (B) the use of the funds under this paragraph is consistent
        with the requirements of section 15401(b) of this title.

        (5) The State has appropriated funds for carrying out the
      activities for which the requirements payment is made in an
      amount equal to 5 percent of the total amount to be spent for
      such activities (taking into account the requirements payment and
      the amount spent by the State) and, in the case of a State that
      uses a requirements payment as a reimbursement under section
      15401(c)(2) of this title, an additional amount equal to the
      amount of such reimbursement.
    (c) Methods of compliance left to discretion of State
      The specific choices on the methods of complying with the
    elements of a State plan shall be left to the discretion of the
    State.
    (d) Timing for filing of certification
      A State may not file a statement of certification under
    subsection (a) of this section until the expiration of the 45-day
    period (or, in the case of a fiscal year other than the first
    fiscal year for which a requirements payment is made to the State
    under this part, the 30-day period) which begins on the date the
    State plan under this part is published in the Federal Register
    pursuant to section 15405(b) of this title.
    (e) Chief State election official defined
      In this part, the "chief State election official" of a State is
    the individual designated by the State under section 10 of the
    National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be
    responsible for coordination of the State's responsibilities under
    such Act.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 253, Oct. 29, 2002, 116 Stat.
    1693.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 253(b) of the Help America Vote Act of 2002, referred to
    in subsec. (a), is classified to subsec. (b) of this section.
      The National Voter Registration Act of 1993, referred to in
    subsec. (e), is Pub. L. 103-31, May 20, 1993, 107 Stat. 77, as
    amended, which is classified principally to subchapter I-H (Sec.
    1973gg et seq.) of chapter 20 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1971 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 15404                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 1 - requirements payments

-HEAD-
    Sec. 15404. State plan

-STATUTE-
    (a) In general
      The State plan shall contain a description of each of the
    following:
        (1) How the State will use the requirements payment to meet the
      requirements of subchapter III of this chapter, and, if
      applicable under section 15401(a)(2) of this title, to carry out
      other activities to improve the administration of elections.
        (2) How the State will distribute and monitor the distribution
      of the requirements payment to units of local government or other
      entities in the State for carrying out the activities described
      in paragraph (1), including a description of - 
          (A) the criteria to be used to determine the eligibility of
        such units or entities for receiving the payment; and
          (B) the methods to be used by the State to monitor the
        performance of the units or entities to whom the payment is
        distributed, consistent with the performance goals and measures
        adopted under paragraph (8).

        (3) How the State will provide for programs for voter
      education, election official education and training, and poll
      worker training which will assist the State in meeting the
      requirements of subchapter III of this chapter.
        (4) How the State will adopt voting system guidelines and
      processes which are consistent with the requirements of section
      15481 of this title.
        (5) How the State will establish a fund described in subsection
      (b) of this section for purposes of administering the State's
      activities under this subpart, including information on fund
      management.
        (6) The State's proposed budget for activities under this
      subpart, based on the State's best estimates of the costs of such
      activities and the amount of funds to be made available,
      including specific information on - 
          (A) the costs of the activities required to be carried out to
        meet the requirements of subchapter III of this chapter;
          (B) the portion of the requirements payment which will be
        used to carry out activities to meet such requirements; and
          (C) the portion of the requirements payment which will be
        used to carry out other activities.

        (7) How the State, in using the requirements payment, will
      maintain the expenditures of the State for activities funded by
      the payment at a level that is not less than the level of such
      expenditures maintained by the State for the fiscal year ending
      prior to November 2000.
        (8) How the State will adopt performance goals and measures
      that will be used by the State to determine its success and the
      success of units of local government in the State in carrying out
      the plan, including timetables for meeting each of the elements
      of the plan, descriptions of the criteria the State will use to
      measure performance and the process used to develop such
      criteria, and a description of which official is to be held
      responsible for ensuring that each performance goal is met.
        (9) A description of the uniform, nondiscriminatory State-based
      administrative complaint procedures in effect under section 15512
      of this title.
        (10) If the State received any payment under subchapter I of
      this chapter, a description of how such payment will affect the
      activities proposed to be carried out under the plan, including
      the amount of funds available for such activities.
        (11) How the State will conduct ongoing management of the plan,
      except that the State may not make any material change in the
      administration of the plan unless the change - 
          (A) is developed and published in the Federal Register in
        accordance with section 15405 of this title in the same manner
        as the State plan;
          (B) is subject to public notice and comment in accordance
        with section 15406 of this title in the same manner as the
        State plan; and
          (C) takes effect only after the expiration of the 30-day
        period which begins on the date the change is published in the
        Federal Register in accordance with subparagraph (A).

        (12) In the case of a State with a State plan in effect under
      this part during the previous fiscal year, a description of how
      the plan reflects changes from the State plan for the previous
      fiscal year and of how the State succeeded in carrying out the
      State plan for such previous fiscal year.
        (13) A description of the committee which participated in the
      development of the State plan in accordance with section 15405 of
      this title and the procedures followed by the committee under
      such section and section 15406 of this title.
    (b) Requirements for election fund
      (1) Election fund described
        For purposes of subsection (a)(5) of this section, a fund
      described in this subsection with respect to a State is a fund
      which is established in the treasury of the State government,
      which is used in accordance with paragraph (2), and which
      consists of the following amounts:
          (A) Amounts appropriated or otherwise made available by the
        State for carrying out the activities for which the
        requirements payment is made to the State under this subpart.
          (B) The requirements payment made to the State under this
        subpart.
          (C) Such other amounts as may be appropriated under law.
          (D) Interest earned on deposits of the fund.
      (2) Use of fund
        Amounts in the fund shall be used by the State exclusively to
      carry out the activities for which the requirements payment is
      made to the State under this subpart.
      (3) Treatment of States that require changes to State law
        In the case of a State that requires State legislation to
      establish the fund described in this subsection, the Commission
      shall defer disbursement of the requirements payment to such
      State until such time as legislation establishing the fund is
      enacted.
    (c) Protection against actions based on information in plan
      (1) In general
        No action may be brought under this chapter against a State or
      other jurisdiction on the basis of any information contained in
      the State plan filed under this subpart.
      (2) Exception for criminal acts
        Paragraph (1) may not be construed to limit the liability of a
      State or other jurisdiction for criminal acts or omissions.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 254, Oct. 29, 2002, 116 Stat.
    1694.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (c)(1), was in the original
    "this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15301 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 15405                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 1 - requirements payments

-HEAD-
    Sec. 15405. Process for development and filing of plan; publication
      by Commission

-STATUTE-
    (a) In general
      The chief State election official shall develop the State plan
    under this part through a committee of appropriate individuals,
    including the chief election officials of the two most populous
    jurisdictions within the States, other local election officials,
    stake holders (including representatives of groups of individuals
    with disabilities), and other citizens, appointed for such purpose
    by the chief State election official.
    (b) Publication of plan by Commission
      After receiving the State plan of a State under this part, the
    Commission shall cause to have the plan published in the Federal
    Register.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 255, Oct. 29, 2002, 116 Stat.
    1697.)

-End-

-CITE-
    42 USC Sec. 15406                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 1 - requirements payments

-HEAD-
    Sec. 15406. Requirement for public notice and comment

-STATUTE-
      For purposes of section 15401(a)(1)(C) (!1) of this title, a
    State plan meets the public notice and comment requirements of this
    section if - 

        (1) not later than 30 days prior to the submission of the plan,
      the State made a preliminary version of the plan available for
      public inspection and comment;
        (2) the State publishes notice that the preliminary version of
      the plan is so available; and
        (3) the State took the public comments made regarding the
      preliminary version of the plan into account in preparing the
      plan which was filed with the Commission.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 256, Oct. 29, 2002, 116 Stat.
    1697.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 15401(a)(1)(C) of this title, referred to in text,
    probably should be a reference to section 15403(b)(1)(C) of this
    title because there is no subsec. (a)(1)(C) in section 15401 and
    subsec. (b)(1)(C) of section 15403 relates to public notice and
    comment requirements of section 15406 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 15407                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 1 - requirements payments

-HEAD-
    Sec. 15407. Authorization of appropriations

-STATUTE-
    (a) In general
      In addition to amounts transferred under section 15304(c) of this
    title, there are authorized to be appropriated for requirements
    payments under this subpart the following amounts:
        (1) For fiscal year 2003, $1,400,000,000.
        (2) For fiscal year 2004, $1,000,000,000.
        (3) For fiscal year 2005, $600,000,000.
    (b) Availability
      Any amounts appropriated pursuant to the authority of subsection
    (a) of this section shall remain available without fiscal year
    limitation until expended.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 257, Oct. 29, 2002, 116 Stat.
    1697.)

-End-

-CITE-
    42 USC Sec. 15408                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 1 - requirements payments

-HEAD-
    Sec. 15408. Reports

-STATUTE-
      Not later than 6 months after the end of each fiscal year for
    which a State received a requirements payment under this subpart,
    the State shall submit a report to the Commission on the activities
    conducted with the funds provided during the year, and shall
    include in the report - 
        (1) a list of expenditures made with respect to each category
      of activities described in section 15401(b) of this title;
        (2) the number and type of articles of voting equipment
      obtained with the funds; and
        (3) an analysis and description of the activities funded under
      this subpart to meet the requirements of this chapter and an
      analysis and description of how such activities conform to the
      State plan under section 15404 of this title.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 258, Oct. 29, 2002, 116 Stat.
    1697.)

-End-

-CITE-
    42 USC subpart 2 - payments to states and units of local
           government to assure access for individuals
           with disabilities                               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 2 - payments to states and units of local government to
                 assure access for individuals with disabilities

-HEAD-
      SUBPART 2 - PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO
              ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES

-End-

-CITE-
    42 USC Sec. 15421                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 2 - payments to states and units of local government to
                 assure access for individuals with disabilities

-HEAD-
    Sec. 15421. Payments to States and units of local government to
      assure access for individuals with disabilities

-STATUTE-
    (a) In general
      The Secretary of Health and Human Services shall make a payment
    to each eligible State and each eligible unit of local government
    (as described in section 15423 of this title).
    (b) Use of funds
      An eligible State and eligible unit of local government shall use
    the payment received under this subpart for - 
        (1) making polling places, including the path of travel,
      entrances, exits, and voting areas of each polling facility,
      accessible to individuals with disabilities, including the blind
      and visually impaired, in a manner that provides the same
      opportunity for access and participation (including privacy and
      independence) as for other voters; and
        (2) providing individuals with disabilities and the other
      individuals described in paragraph (1) with information about the
      accessibility of polling places, including outreach programs to
      inform the individuals about the availability of accessible
      polling places and training election officials, poll workers, and
      election volunteers on how best to promote the access and
      participation of individuals with disabilities in elections for
      Federal office.
    (c) Schedule of payments
      As soon as practicable after October 29, 2002 (but in no event
    later than 6 months thereafter), and not less frequently than once
    each calendar year thereafter, the Secretary shall make payments
    under this subpart.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 261, Oct. 29, 2002, 116 Stat.
    1698.)

-End-

-CITE-
    42 USC Sec. 15422                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 2 - payments to states and units of local government to
                 assure access for individuals with disabilities

-HEAD-
    Sec. 15422. Amount of payment

-STATUTE-
    (a) In general
      The amount of a payment made to an eligible State or an eligible
    unit of local government for a year under this subpart shall be
    determined by the Secretary.
    (b) Continuing availability of funds after appropriation
      A payment made to an eligible State or eligible unit of local
    government under this subpart shall be available without fiscal
    year limitation.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 262, Oct. 29, 2002, 116 Stat.
    1698.)

-End-

-CITE-
    42 USC Sec. 15423                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 2 - payments to states and units of local government to
                 assure access for individuals with disabilities

-HEAD-
    Sec. 15423. Requirements for eligibility

-STATUTE-
    (a) Application
      Each State or unit of local government that desires to receive a
    payment under this subpart for a fiscal year shall submit an
    application for the payment to the Secretary at such time and in
    such manner and containing such information as the Secretary shall
    require.
    (b) Contents of application
      Each application submitted under subsection (a) of this section
    shall - 
        (1) describe the activities for which assistance under this
      section is sought; and
        (2) provide such additional information and certifications as
      the Secretary determines to be essential to ensure compliance
      with the requirements of this subpart.
    (c) Protection against actions based on information in application
      (1) In general
        No action may be brought under this chapter against a State or
      unit of local government on the basis of any information
      contained in the application submitted under subsection (a) of
      this section.
      (2) Exception for criminal acts
        Paragraph (1) may not be construed to limit the liability of a
      State or unit of local government for criminal acts or omissions.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 263, Oct. 29, 2002, 116 Stat.
    1698.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (c)(1), was in the original
    "this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15301 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 15424                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 2 - payments to states and units of local government to
                 assure access for individuals with disabilities

-HEAD-
    Sec. 15424. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated to carry out the
    provisions of this subpart the following amounts:
        (1) For fiscal year 2003, $50,000,000.
        (2) For fiscal year 2004, $25,000,000.
        (3) For fiscal year 2005, $25,000,000.
    (b) Availability
      Any amounts appropriated pursuant to the authority of subsection
    (a) of this section shall remain available without fiscal year
    limitation until expended.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 264, Oct. 29, 2002, 116 Stat.
    1699.)

-End-

-CITE-
    42 USC Sec. 15425                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 2 - payments to states and units of local government to
                 assure access for individuals with disabilities

-HEAD-
    Sec. 15425. Reports

-STATUTE-
    (a) Reports by recipients
      Not later than the (!1) 6 months after the end of each fiscal
    year for which an eligible State or eligible unit of local
    government received a payment under this subpart, the State or unit
    shall submit a report to the Secretary on the activities conducted
    with the funds provided during the year, and shall include in the
    report a list of expenditures made with respect to each category of
    activities described in section 15421(b) of this title.

    (b) Report by Secretary to Committees
      With respect to each fiscal year for which the Secretary makes
    payments under this subpart, the Secretary shall submit a report on
    the activities carried out under this subpart to the Committee on
    House Administration of the House of Representatives and the
    Committee on Rules and Administration of the Senate.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 265, Oct. 29, 2002, 116 Stat.
    1699.)

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    42 USC subpart 3 - grants for research on voting
           technology improvements                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 3 - grants for research on voting technology improvements

-HEAD-
     SUBPART 3 - GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS 

-End-

-CITE-
    42 USC Sec. 15441                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 3 - grants for research on voting technology improvements

-HEAD-
    Sec. 15441. Grants for research on voting technology improvements

-STATUTE-
    (a) In general
      The Commission shall make grants to assist entities in carrying
    out research and development to improve the quality, reliability,
    accuracy, accessibility, affordability, and security of voting
    equipment, election systems, and voting technology.
    (b) Eligibility
      An entity is eligible to receive a grant under this subpart if it
    submits to the Commission (at such time and in such form as the
    Commission may require) an application containing - 
        (1) certifications that the research and development funded
      with the grant will take into account the need to make voting
      equipment fully accessible for individuals with disabilities,
      including the blind and visually impaired, the need to ensure
      that such individuals can vote independently and with privacy,
      and the need to provide alternative language accessibility for
      individuals with limited proficiency in the English language
      (consistent with the requirements of the Voting Rights Act of
      1965 [42 U.S.C. 1973 et seq.]); and
        (2) such other information and certifications as the Commission
      may require.
    (c) Applicability of regulations governing patent rights in
      inventions made with Federal assistance
      Any invention made by the recipient of a grant under this subpart
    using funds provided under this subpart shall be subject to chapter
    18 of title 35 (relating to patent rights in inventions made with
    Federal assistance).
    (d) Recommendation of topics for research
      (1) In general
        The Director of the National Institute of Standards and
      Technology (hereafter in this section referred to as the
      "Director") shall submit to the Commission an annual list of the
      Director's suggestions for issues which may be the subject of
      research funded with grants awarded under this subpart during the
      year.
      (2) Review of grant applications received by Commission
        The Commission shall submit each application it receives for a
      grant under this subpart to the Director, who shall review the
      application and provide the Commission with such comments as the
      Director considers appropriate.
      (3) Monitoring and adjustment of grant activities at request of
        Commission
        After the Commission has awarded a grant under this subpart,
      the Commission may request that the Director monitor the grant,
      and (to the extent permitted under the terms of the grant as
      awarded) the Director may recommend to the Commission that the
      recipient of the grant modify and adjust the activities carried
      out under the grant.
      (4) Evaluation of grants at request of Commission
        (A) In general
          In the case of a grant for which the Commission submits the
        application to the Director under paragraph (2) or requests
        that the Director monitor the grant under paragraph (3), the
        Director shall prepare and submit to the Commission an
        evaluation of the grant and the activities carried out under
        the grant.
        (B) Inclusion in reports
          The Commission shall include the evaluations submitted under
        subparagraph (A) for a year in the report submitted for the
        year under section 15327 of this title.
    (e) Provision of information on projects
      The Commission may provide to the Technical Guidelines
    Development Committee under subpart 3 of part A of this subchapter
    such information regarding the activities funded under this subpart
    as the Commission deems necessary to assist the Committee in
    carrying out its duties.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 271, Oct. 29, 2002, 116 Stat.
    1699.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Voting Rights Act of 1965, referred to in subsec. (b)(1), is
    Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is
    classified generally to subchapters I-A (Sec. 1973 et seq.), I-B
    (Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of chapter 20
    of this title . For complete classification of this Act to the
    Code, see Short Title note set out under section 1971 of this title
    and Tables.

-End-

-CITE-
    42 USC Sec. 15442                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 3 - grants for research on voting technology improvements

-HEAD-
    Sec. 15442. Report

-STATUTE-
    (a) In general
      Each entity which receives a grant under this subpart shall
    submit to the Commission a report describing the activities carried
    out with the funds provided under the grant.
    (b) Deadline
      An entity shall submit a report required under subsection (a) of
    this section not later than 60 days after the end of the fiscal
    year for which the entity received the grant which is the subject
    of the report.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 272, Oct. 29, 2002, 116 Stat.
    1700.)

-End-

-CITE-
    42 USC Sec. 15443                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 3 - grants for research on voting technology improvements

-HEAD-
    Sec. 15443. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated for grants under this
    subpart $20,000,000 for fiscal year 2003.
    (b) Availability of funds
      Amounts appropriated pursuant to the authorization under this
    section shall remain available, without fiscal year limitation,
    until expended.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 273, Oct. 29, 2002, 116 Stat.
    1700.)

-End-

-CITE-
    42 USC subpart 4 - pilot program for testing of equipment
           and technology                                  01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 4 - pilot program for testing of equipment and technology

-HEAD-
     SUBPART 4 - PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY 

-End-

-CITE-
    42 USC Sec. 15451                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 4 - pilot program for testing of equipment and technology

-HEAD-
    Sec. 15451. Pilot program

-STATUTE-
    (a) In general
      The Commission shall make grants to carry out pilot programs
    under which new technologies in voting systems and equipment are
    tested and implemented on a trial basis so that the results of such
    tests and trials are reported to Congress.
    (b) Eligibility
      An entity is eligible to receive a grant under this subpart if it
    submits to the Commission (at such time and in such form as the
    Commission may require) an application containing - 
        (1) certifications that the pilot programs funded with the
      grant will take into account the need to make voting equipment
      fully accessible for individuals with disabilities, including the
      blind and visually impaired, the need to ensure that such
      individuals can vote independently and with privacy, and the need
      to provide alternative language accessibility for individuals
      with limited proficiency in the English language (consistent with
      the requirements of the Voting Rights Act of 1965 [42 U.S.C. 1973
      et seq.] and the requirements of this chapter); and
        (2) such other information and certifications as the Commission
      may require.
    (c) Recommendation of topics for pilot programs
      (1) In general
        The Director of the National Institute of Standards and
      Technology (hereafter in this section referred to as the
      "Director") shall submit to the Commission an annual list of the
      Director's suggestions for issues which may be the subject of
      pilot programs funded with grants awarded under this subpart
      during the year.
      (2) Review of grant applications received by Commission
        The Commission shall submit each application it receives for a
      grant under this subpart to the Director, who shall review the
      application and provide the Commission with such comments as the
      Director considers appropriate.
      (3) Monitoring and adjustment of grant activities at request of
        Commission
        After the Commission has awarded a grant under this subpart,
      the Commission may request that the Director monitor the grant,
      and (to the extent permitted under the terms of the grant as
      awarded) the Director may recommend to the Commission that the
      recipient of the grant modify and adjust the activities carried
      out under the grant.
      (4) Evaluation of grants at request of Commission
        (A) In general
          In the case of a grant for which the Commission submits the
        application to the Director under paragraph (2) or requests
        that the Director monitor the grant under paragraph (3), the
        Director shall prepare and submit to the Commission an
        evaluation of the grant and the activities carried out under
        the grant.
        (B) Inclusion in reports
          The Commission shall include the evaluations submitted under
        subparagraph (A) for a year in the report submitted for the
        year under section 15327 of this title.
    (d) Provision of information on projects
      The Commission may provide to the Technical Guidelines
    Development Committee under subpart 3 of part A of this subchapter
    such information regarding the activities funded under this subpart
    as the Commission deems necessary to assist the Committee in
    carrying out its duties.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 281, Oct. 29, 2002, 116 Stat.
    1701.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Voting Rights Act of 1965, referred to in subsec. (b)(1), is
    Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is
    classified generally to subchapters I-A (Sec. 1973 et seq.), I-B
    (Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of chapter 20
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1971 of this title and
    Tables.
      This chapter, referred to in subsec. (b)(1), was in the original
    "this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15301 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 15452                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 4 - pilot program for testing of equipment and technology

-HEAD-
    Sec. 15452. Report

-STATUTE-
    (a) In general
      Each entity which receives a grant under this subpart shall
    submit to the Commission a report describing the activities carried
    out with the funds provided under the grant.
    (b) Deadline
      An entity shall submit a report required under subsection (a) of
    this section not later than 60 days after the end of the fiscal
    year for which the entity received the grant which is the subject
    of the report.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 282, Oct. 29, 2002, 116 Stat.
    1702.)

-End-

-CITE-
    42 USC Sec. 15453                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 4 - pilot program for testing of equipment and technology

-HEAD-
    Sec. 15453. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated for grants under this
    subpart $10,000,000 for fiscal year 2003.
    (b) Availability of funds
      Amounts appropriated pursuant to the authorization under this
    section shall remain available, without fiscal year limitation,
    until expended.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 283, Oct. 29, 2002, 116 Stat.
    1702.)

-End-

-CITE-
    42 USC subpart 5 - protection and advocacy systems          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 5 - protection and advocacy systems

-HEAD-
                SUBPART 5 - PROTECTION AND ADVOCACY SYSTEMS            

-End-

-CITE-
    42 USC Sec. 15461                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 5 - protection and advocacy systems

-HEAD-
    Sec. 15461. Payments for protection and advocacy systems

-STATUTE-
    (a) In general
      In addition to any other payments made under this part, the
    Secretary of Health and Human Services shall pay the protection and
    advocacy system (as defined in section 102 of the Developmental
    Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
    15002)) of each State to ensure full participation in the electoral
    process for individuals with disabilities, including registering to
    vote, casting a vote and accessing polling places. In providing
    such services, protection and advocacy systems shall have the same
    general authorities as they are afforded under subtitle C of title
    I of the Developmental Disabilities Assistance and Bill of Rights
    Act of 2000 (42 U.S.C. 15041 et seq.).
    (b) Minimum grant amount
      The minimum amount of each grant to a protection and advocacy
    system shall be determined and allocated as set forth in
    subsections (c)(3), (c)(4), (c)(5), (e), and (g) of section 794e of
    title 29, except that the amount of the grants to systems referred
    to in subsections (c)(3)(B) and (c)(4)(B) of that section shall be
    not less than $70,000 and $35,000, respectively.
    (c) Training and technical assistance program
      (1) In general
        Not later than 90 days after the date on which the initial
      appropriation of funds for a fiscal year is made pursuant to the
      authorization under section 15462 of this title, the Secretary
      shall set aside 7 percent of the amount appropriated under such
      section and use such portion to make payments to eligible
      entities to provide training and technical assistance with
      respect to the activities carried out under this section.
      (2) Use of funds
        A recipient of a payment under this subsection may use the
      payment to support training in the use of voting systems and
      technologies, and to demonstrate and evaluate the use of such
      systems and technologies, by individuals with disabilities
      (including blindness) in order to assess the availability and use
      of such systems and technologies for such individuals. At least
      one of the recipients under this subsection shall use the payment
      to provide training and technical assistance for nonvisual
      access.
      (3) Eligibility
        An entity is eligible to receive a payment under this
      subsection if the entity - 
          (A) is a public or private nonprofit entity with demonstrated
        experience in voting issues for individuals with disabilities;
          (B) is governed by a board with respect to which the majority
        of its members are individuals with disabilities or family
        members of such individuals or individuals who are blind; and
          (C) submits to the Secretary an application at such time, in
        such manner, and containing such information as the Secretary
        may require.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 291, Oct. 29, 2002, 116 Stat.
    1702.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Developmental Disabilities Assistance and Bill of Rights Act
    of 2000, referred to in subsec. (a), is Pub. L. 106-402, Oct. 30,
    2000, 114 Stat. 1677. Subtitle C of title I of the Act is
    classified generally to part C (Sec. 15041 et seq.) of subchapter I
    of chapter 144 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 15001
    of this title and Tables.

-End-

-CITE-
    42 USC Sec. 15462                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 5 - protection and advocacy systems

-HEAD-
    Sec. 15462. Authorization of appropriations

-STATUTE-
    (a) In general
      In addition to any other amounts authorized to be appropriated
    under this part, there are authorized to be appropriated
    $10,000,000 for each of the fiscal years 2003, 2004, 2005, and
    2006, and for each subsequent fiscal year such sums as may be
    necessary, for the purpose of making payments under section
    15461(a) of this title; except that none of the funds provided by
    this subsection shall be used to initiate or otherwise participate
    in any litigation related to election-related disability access,
    notwithstanding the general authorities that the protection and
    advocacy systems are otherwise afforded under subtitle C of title I
    of the Developmental Disabilities Assistance and Bill of Rights Act
    of 2000 (42 U.S.C. 15041 et seq.).
    (b) Availability
      Any amounts appropriated pursuant to the authority of this
    section shall remain available until expended.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 292, Oct. 29, 2002, 116 Stat.
    1703.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Developmental Disabilities Assistance and Bill of Rights Act
    of 2000, referred to in subsec. (a), is Pub. L. 106-402, Oct. 30,
    2000, 114 Stat. 1677. Subtitle C of title I of the Act is
    classified generally to part C (Sec. 15041 et seq.) of subchapter I
    of chapter 144 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 15001
    of this title and Tables.

-End-

-CITE-
    42 USC subpart 6 - national student and parent mock
           election                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 6 - national student and parent mock election

-HEAD-
           SUBPART 6 - NATIONAL STUDENT AND PARENT MOCK ELECTION       

-End-

-CITE-
    42 USC Sec. 15471                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 6 - national student and parent mock election

-HEAD-
    Sec. 15471. National student and parent mock election

-STATUTE-
    (a) In general
      The Election Assistance Commission is authorized to award grants
    to the National Student and Parent Mock Election, a national
    nonprofit, nonpartisan organization that works to promote voter
    participation in American elections to enable it to carry out voter
    education activities for students and their parents. Such
    activities may - 
        (1) include simulated national elections at least 5 days before
      the actual election that permit participation by students and
      parents from each of the 50 States in the United States, its
      territories, the District of Columbia, and United States schools
      overseas; and
        (2) consist of - 
          (A) school forums and local cable call-in shows on the
        national issues to be voted upon in an "issues forum";
          (B) speeches and debates before students and parents by local
        candidates or stand-ins for such candidates;
          (C) quiz team competitions, mock press conferences, and
        speech writing competitions;
          (D) weekly meetings to follow the course of the campaign; or
          (E) school and neighborhood campaigns to increase voter
        turnout, including newsletters, posters, telephone chains, and
        transportation.
    (b) Requirement
      The National Student and Parent Mock Election shall present
    awards to outstanding student and parent mock election projects.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 295, Oct. 29, 2002, 116 Stat.
    1703.)

-End-

-CITE-
    42 USC Sec. 15472                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER II - COMMISSION
    Part D - Election Assistance
    subpart 6 - national student and parent mock election

-HEAD-
    Sec. 15472. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to carry out the
    provisions of this part $200,000 for fiscal year 2003 and such sums
    as may be necessary for each of the 6 succeeding fiscal years.

-SOURCE-
    (Pub. L. 107-252, title II, Sec. 296, Oct. 29, 2002, 116 Stat.
    1704.)

-End-

-CITE-
    42 USC SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY
           ELECTION TECHNOLOGY AND ADMINISTRATION
           REQUIREMENTS                                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               

-HEAD-
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
                      AND ADMINISTRATION REQUIREMENTS

-End-

-CITE-
    42 USC Part A - Requirements                                01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               
    Part A - Requirements

-HEAD-
                           PART A - REQUIREMENTS                       

-End-

-CITE-
    42 USC Sec. 15481                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               
    Part A - Requirements

-HEAD-
    Sec. 15481. Voting systems standards

-STATUTE-
    (a) Requirements
      Each voting system used in an election for Federal office shall
    meet the following requirements:
      (1) In general
        (A) Except as provided in subparagraph (B), the voting system
      (including any lever voting system, optical scanning voting
      system, or direct recording electronic system) shall - 
          (i) permit the voter to verify (in a private and independent
        manner) the votes selected by the voter on the ballot before
        the ballot is cast and counted;
          (ii) provide the voter with the opportunity (in a private and
        independent manner) to change the ballot or correct any error
        before the ballot is cast and counted (including the
        opportunity to correct the error through the issuance of a
        replacement ballot if the voter was otherwise unable to change
        the ballot or correct any error); and
          (iii) if the voter selects votes for more than one candidate
        for a single office - 
            (I) notify the voter that the voter has selected more than
          one candidate for a single office on the ballot;
            (II) notify the voter before the ballot is cast and counted
          of the effect of casting multiple votes for the office; and
            (III) provide the voter with the opportunity to correct the
          ballot before the ballot is cast and counted.

        (B) A State or jurisdiction that uses a paper ballot voting
      system, a punch card voting system, or a central count voting
      system (including mail-in absentee ballots and mail-in ballots),
      may meet the requirements of subparagraph (A)(iii) by - 
          (i) establishing a voter education program specific to that
        voting system that notifies each voter of the effect of casting
        multiple votes for an office; and
          (ii) providing the voter with instructions on how to correct
        the ballot before it is cast and counted (including
        instructions on how to correct the error through the issuance
        of a replacement ballot if the voter was otherwise unable to
        change the ballot or correct any error).

        (C) The voting system shall ensure that any notification
      required under this paragraph preserves the privacy of the voter
      and the confidentiality of the ballot.
      (2) Audit capacity
        (A) In general
          The voting system shall produce a record with an audit
        capacity for such system.
        (B) Manual audit capacity
          (i) The voting system shall produce a permanent paper record
        with a manual audit capacity for such system.
          (ii) The voting system shall provide the voter with an
        opportunity to change the ballot or correct any error before
        the permanent paper record is produced.
          (iii) The paper record produced under subparagraph (A) shall
        be available as an official record for any recount conducted
        with respect to any election in which the system is used.
      (3) Accessibility for individuals with disabilities
        The voting system shall - 
          (A) be accessible for individuals with disabilities,
        including nonvisual accessibility for the blind and visually
        impaired, in a manner that provides the same opportunity for
        access and participation (including privacy and independence)
        as for other voters;
          (B) satisfy the requirement of subparagraph (A) through the
        use of at least one direct recording electronic voting system
        or other voting system equipped for individuals with
        disabilities at each polling place; and
          (C) if purchased with funds made available under subchapter
        II of this chapter on or after January 1, 2007, meet the voting
        system standards for disability access (as outlined in this
        paragraph).
      (4) Alternative language accessibility
        The voting system shall provide alternative language
      accessibility pursuant to the requirements of section 1973aa-1a
      of this title.
      (5) Error rates
        The error rate of the voting system in counting ballots
      (determined by taking into account only those errors which are
      attributable to the voting system and not attributable to an act
      of the voter) shall comply with the error rate standards
      established under section 3.2.1 of the voting systems standards
      issued by the Federal Election Commission which are in effect on
      October 29, 2002.
      (6) Uniform definition of what constitutes a vote
        Each State shall adopt uniform and nondiscriminatory standards
      that define what constitutes a vote and what will be counted as a
      vote for each category of voting system used in the State.
    (b) Voting system defined
      In this section, the term "voting system" means - 
        (1) the total combination of mechanical, electromechanical, or
      electronic equipment (including the software, firmware, and
      documentation required to program, control, and support the
      equipment) that is used - 
          (A) to define ballots;
          (B) to cast and count votes;
          (C) to report or display election results; and
          (D) to maintain and produce any audit trail information; and

        (2) the practices and associated documentation used - 
          (A) to identify system components and versions of such
        components;
          (B) to test the system during its development and
        maintenance;
          (C) to maintain records of system errors and defects;
          (D) to determine specific system changes to be made to a
        system after the initial qualification of the system; and
          (E) to make available any materials to the voter (such as
        notices, instructions, forms, or paper ballots).
    (c) Construction
      (1) In general
        Nothing in this section shall be construed to prohibit a State
      or jurisdiction which used a particular type of voting system in
      the elections for Federal office held in November 2000 from using
      the same type of system after the effective date of this section,
      so long as the system meets or is modified to meet the
      requirements of this section.
      (2) Protection of paper ballot voting systems
        For purposes of subsection (a)(1)(A)(i) of this section, the
      term "verify" may not be defined in a manner that makes it
      impossible for a paper ballot voting system to meet the
      requirements of such subsection or to be modified to meet such
      requirements.
    (d) Effective date
      Each State and jurisdiction shall be required to comply with the
    requirements of this section on and after January 1, 2006.

-SOURCE-
    (Pub. L. 107-252, title III, Sec. 301, Oct. 29, 2002, 116 Stat.
    1704.)

-End-

-CITE-
    42 USC Sec. 15482                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               
    Part A - Requirements

-HEAD-
    Sec. 15482. Provisional voting and voting information requirements

-STATUTE-
    (a) Provisional voting requirements
      If an individual declares that such individual is a registered
    voter in the jurisdiction in which the individual desires to vote
    and that the individual is eligible to vote in an election for
    Federal office, but the name of the individual does not appear on
    the official list of eligible voters for the polling place or an
    election official asserts that the individual is not eligible to
    vote, such individual shall be permitted to cast a provisional
    ballot as follows:
        (1) An election official at the polling place shall notify the
      individual that the individual may cast a provisional ballot in
      that election.
        (2) The individual shall be permitted to cast a provisional
      ballot at that polling place upon the execution of a written
      affirmation by the individual before an election official at the
      polling place stating that the individual is - 
          (A) a registered voter in the jurisdiction in which the
        individual desires to vote; and
          (B) eligible to vote in that election.

        (3) An election official at the polling place shall transmit
      the ballot cast by the individual or the voter information
      contained in the written affirmation executed by the individual
      under paragraph (2) to an appropriate State or local election
      official for prompt verification under paragraph (4).
        (4) If the appropriate State or local election official to whom
      the ballot or voter information is transmitted under paragraph
      (3) determines that the individual is eligible under State law to
      vote, the individual's provisional ballot shall be counted as a
      vote in that election in accordance with State law.
        (5)(A) At the time that an individual casts a provisional
      ballot, the appropriate State or local election official shall
      give the individual written information that states that any
      individual who casts a provisional ballot will be able to
      ascertain under the system established under subparagraph (B)
      whether the vote was counted, and, if the vote was not counted,
      the reason that the vote was not counted.
        (B) The appropriate State or local election official shall
      establish a free access system (such as a toll-free telephone
      number or an Internet website) that any individual who casts a
      provisional ballot may access to discover whether the vote of
      that individual was counted, and, if the vote was not counted,
      the reason that the vote was not counted.

    States described in section 1973gg-2(b) of this title may meet the
    requirements of this subsection using voter registration procedures
    established under applicable State law. The appropriate State or
    local official shall establish and maintain reasonable procedures
    necessary to protect the security, confidentiality, and integrity
    of personal information collected, stored, or otherwise used by the
    free access system established under paragraph (5)(B). Access to
    information about an individual provisional ballot shall be
    restricted to the individual who cast the ballot.
    (b) Voting information requirements
      (1) Public posting on election day
        The appropriate State or local election official shall cause
      voting information to be publicly posted at each polling place on
      the day of each election for Federal office.
      (2) Voting information defined
        In this section, the term "voting information" means - 
          (A) a sample version of the ballot that will be used for that
        election;
          (B) information regarding the date of the election and the
        hours during which polling places will be open;
          (C) instructions on how to vote, including how to cast a vote
        and how to cast a provisional ballot;
          (D) instructions for mail-in registrants and first-time
        voters under section 15483(b) of this title;
          (E) general information on voting rights under applicable
        Federal and State laws, including information on the right of
        an individual to cast a provisional ballot and instructions on
        how to contact the appropriate officials if these rights are
        alleged to have been violated; and
          (F) general information on Federal and State laws regarding
        prohibitions on acts of fraud and misrepresentation.
    (c) Voters who vote after the polls close
      Any individual who votes in an election for Federal office as a
    result of a Federal or State court order or any other order
    extending the time established for closing the polls by a State law
    in effect 10 days before the date of that election may only vote in
    that election by casting a provisional ballot under subsection (a)
    of this section. Any such ballot cast under the preceding sentence
    shall be separated and held apart from other provisional ballots
    cast by those not affected by the order.
    (d) Effective date for provisional voting and voting information
      Each State and jurisdiction shall be required to comply with the
    requirements of this section on and after January 1, 2004.

-SOURCE-
    (Pub. L. 107-252, title III, Sec. 302, Oct. 29, 2002, 116 Stat.
    1706.)

-End-

-CITE-
    42 USC Sec. 15483                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               
    Part A - Requirements

-HEAD-
    Sec. 15483. Computerized statewide voter registration list
      requirements and requirements for voters who register by mail

-STATUTE-
    (a) Computerized statewide voter registration list requirements
      (1) Implementation
        (A) In general
          Except as provided in subparagraph (B), each State, acting
        through the chief State election official, shall implement, in
        a uniform and nondiscriminatory manner, a single, uniform,
        official, centralized, interactive computerized statewide voter
        registration list defined, maintained, and administered at the
        State level that contains the name and registration information
        of every legally registered voter in the State and assigns a
        unique identifier to each legally registered voter in the State
        (in this subsection referred to as the "computerized list"),
        and includes the following:
            (i) The computerized list shall serve as the single system
          for storing and managing the official list of registered
          voters throughout the State.
            (ii) The computerized list contains the name and
          registration information of every legally registered voter in
          the State.
            (iii) Under the computerized list, a unique identifier is
          assigned to each legally registered voter in the State.
            (iv) The computerized list shall be coordinated with other
          agency databases within the State.
            (v) Any election official in the State, including any local
          election official, may obtain immediate electronic access to
          the information contained in the computerized list.
            (vi) All voter registration information obtained by any
          local election official in the State shall be electronically
          entered into the computerized list on an expedited basis at
          the time the information is provided to the local official.
            (vii) The chief State election official shall provide such
          support as may be required so that local election officials
          are able to enter information as described in clause (vi).
            (viii) The computerized list shall serve as the official
          voter registration list for the conduct of all elections for
          Federal office in the State.
        (B) Exception
          The requirement under subparagraph (A) shall not apply to a
        State in which, under a State law in effect continuously on and
        after October 29, 2002, there is no voter registration
        requirement for individuals in the State with respect to
        elections for Federal office.
      (2) Computerized list maintenance
        (A) In general
          The appropriate State or local election official shall
        perform list maintenance with respect to the computerized list
        on a regular basis as follows:
            (i) If an individual is to be removed from the computerized
          list, such individual shall be removed in accordance with the
          provisions of the National Voter Registration Act of 1993 (42
          U.S.C. 1973gg et seq.), including subsections (a)(4), (c)(2),
          (d), and (e) of section 8 of such Act (42 U.S.C. 1973gg-6).
            (ii) For purposes of removing names of ineligible voters
          from the official list of eligible voters - 
              (I) under section 8(a)(3)(B) of such Act (42 U.S.C.
            1973gg-6(a)(3)(B)), the State shall coordinate the
            computerized list with State agency records on felony
            status; and
              (II) by reason of the death of the registrant under
            section 8(a)(4)(A) of such Act (42 U.S.C. 1973gg-
            6(a)(4)(A)), the State shall coordinate the computerized
            list with State agency records on death.

            (iii) Notwithstanding the preceding provisions of this
          subparagraph, if a State is described in section 4(b) of the
          National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
          2(b)), that State shall remove the names of ineligible
          voters from the computerized list in accordance with State
          law.
        (B) Conduct
          The list maintenance performed under subparagraph (A) shall
        be conducted in a manner that ensures that - 
            (i) the name of each registered voter appears in the
          computerized list;
            (ii) only voters who are not registered or who are not
          eligible to vote are removed from the computerized list; and
            (iii) duplicate names are eliminated from the computerized
          list.
      (3) Technological security of computerized list
        The appropriate State or local official shall provide adequate
      technological security measures to prevent the unauthorized
      access to the computerized list established under this section.
      (4) Minimum standard for accuracy of State voter registration
        records
        The State election system shall include provisions to ensure
      that voter registration records in the State are accurate and are
      updated regularly, including the following:
          (A) A system of file maintenance that makes a reasonable
        effort to remove registrants who are ineligible to vote from
        the official list of eligible voters. Under such system,
        consistent with the National Voter Registration Act of 1993 (42
        U.S.C. 1973gg et seq.), registrants who have not responded to a
        notice and who have not voted in 2 consecutive general
        elections for Federal office shall be removed from the official
        list of eligible voters, except that no registrant may be
        removed solely by reason of a failure to vote.
          (B) Safeguards to ensure that eligible voters are not removed
        in error from the official list of eligible voters.
      (5) Verification of voter registration information
        (A) Requiring provision of certain information by applicants
          (i) In general
            Except as provided in clause (ii), notwithstanding any
          other provision of law, an application for voter registration
          for an election for Federal office may not be accepted or
          processed by a State unless the application includes - 
              (I) in the case of an applicant who has been issued a
            current and valid driver's license, the applicant's
            driver's license number; or
              (II) in the case of any other applicant (other than an
            applicant to whom clause (ii) applies), the last 4 digits
            of the applicant's social security number.
          (ii) Special rule for applicants without driver's license or
            social security number
            If an applicant for voter registration for an election for
          Federal office has not been issued a current and valid
          driver's license or a social security number, the State shall
          assign the applicant a number which will serve to identify
          the applicant for voter registration purposes. To the extent
          that the State has a computerized list in effect under this
          subsection and the list assigns unique identifying numbers to
          registrants, the number assigned under this clause shall be
          the unique identifying number assigned under the list.
          (iii) Determination of validity of numbers provided
            The State shall determine whether the information provided
          by an individual is sufficient to meet the requirements of
          this subparagraph, in accordance with State law.
        (B) Requirements for State officials
          (i) Sharing information in databases
            The chief State election official and the official
          responsible for the State motor vehicle authority of a State
          shall enter into an agreement to match information in the
          database of the statewide voter registration system with
          information in the database of the motor vehicle authority to
          the extent required to enable each such official to verify
          the accuracy of the information provided on applications for
          voter registration.
          (ii) Agreements with Commissioner of Social Security
            The official responsible for the State motor vehicle
          authority shall enter into an agreement with the Commissioner
          of Social Security under section 405(r)(8) of this title (as
          added by subparagraph (C)).
        (C) Omitted
        (D) Special rule for certain States
          In the case of a State which is permitted to use social
        security numbers, and provides for the use of social security
        numbers, on applications for voter registration, in accordance
        with section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note),
        the provisions of this paragraph shall be optional.
    (b) Requirements for voters who register by mail
      (1) In general
        Notwithstanding section 6(c) of the National Voter Registration
      Act of 1993 (42 U.S.C. 1973gg-4(c)) and subject to paragraph (3),
      a State shall, in a uniform and nondiscriminatory manner, require
      an individual to meet the requirements of paragraph (2) if - 
          (A) the individual registered to vote in a jurisdiction by
        mail; and
          (B)(i) the individual has not previously voted in an election
        for Federal office in the State; or
          (ii) the individual has not previously voted in such an
        election in the jurisdiction and the jurisdiction is located in
        a State that does not have a computerized list that complies
        with the requirements of subsection (a) of this section.
      (2) Requirements
        (A) In general
          An individual meets the requirements of this paragraph if the
        individual - 
            (i) in the case of an individual who votes in person - 
              (I) presents to the appropriate State or local election
            official a current and valid photo identification; or
              (II) presents to the appropriate State or local election
            official a copy of a current utility bill, bank statement,
            government check, paycheck, or other government document
            that shows the name and address of the voter; or

            (ii) in the case of an individual who votes by mail,
          submits with the ballot - 
              (I) a copy of a current and valid photo identification;
            or
              (II) a copy of a current utility bill, bank statement,
            government check, paycheck, or other government document
            that shows the name and address of the voter.
        (B) Fail-safe voting
          (i) In person
            An individual who desires to vote in person, but who does
          not meet the requirements of subparagraph (A)(i), may cast a
          provisional ballot under section 15482(a) of this title.
          (ii) By mail
            An individual who desires to vote by mail but who does not
          meet the requirements of subparagraph (A)(ii) may cast such a
          ballot by mail and the ballot shall be counted as a
          provisional ballot in accordance with section 15482(a) of
          this title.
      (3) Inapplicability
        Paragraph (1) shall not apply in the case of a person - 
          (A) who registers to vote by mail under section 6 of the
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)
        and submits as part of such registration either - 
            (i) a copy of a current and valid photo identification; or
            (ii) a copy of a current utility bill, bank statement,
          government check, paycheck, or government document that shows
          the name and address of the voter;

          (B)(i) who registers to vote by mail under section 6 of the
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)
        and submits with such registration either - 
            (I) a driver's license number; or
            (II) at least the last 4 digits of the individual's social
          security number; and

          (ii) with respect to whom a State or local election official
        matches the information submitted under clause (i) with an
        existing State identification record bearing the same number,
        name and date of birth as provided in such registration; or
          (C) who is - 
            (i) entitled to vote by absentee ballot under the Uniformed
          and Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff
          et seq.];
            (ii) provided the right to vote otherwise than in person
          under section 1973ee-1(b)(2)(B)(ii) of this title; or
            (iii) entitled to vote otherwise than in person under any
          other Federal law.
      (4) Contents of mail-in registration form
        (A) In general
          The mail voter registration form developed under section 6 of
        the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        4) shall include the following:
            (i) The question "Are you a citizen of the United States of
          America?" and boxes for the applicant to check to indicate
          whether the applicant is or is not a citizen of the United
          States.
            (ii) The question "Will you be 18 years of age on or before
          election day?" and boxes for the applicant to check to
          indicate whether or not the applicant will be 18 years of age
          or older on election day.
            (iii) The statement "If you checked 'no' in response to
          either of these questions, do not complete this form.".
            (iv) A statement informing the individual that if the form
          is submitted by mail and the individual is registering for
          the first time, the appropriate information required under
          this section must be submitted with the mail-in registration
          form in order to avoid the additional identification
          requirements upon voting for the first time.
        (B) Incomplete forms
          If an applicant for voter registration fails to answer the
        question included on the mail voter registration form pursuant
        to subparagraph (A)(i), the registrar shall notify the
        applicant of the failure and provide the applicant with an
        opportunity to complete the form in a timely manner to allow
        for the completion of the registration form prior to the next
        election for Federal office (subject to State law).
      (5) Construction
        Nothing in this subsection shall be construed to require a
      State that was not required to comply with a provision of the
      National Voter Registration Act of 1993 (42 U.S.C. 1973gg et
      seq.) before October 29, 2002, to comply with such a provision
      after October 29, 2002.
    (c) Permitted use of last 4 digits of social security numbers
      The last 4 digits of a social security number described in
    subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) of this section
    shall not be considered to be a social security number for purposes
    of section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note).
    (d) Effective date
      (1) Computerized statewide voter registration list requirements
        (A) In general
          Except as provided in subparagraph (B), each State and
        jurisdiction shall be required to comply with the requirements
        of subsection (a) of this section on and after January 1, 2004.
        (B) Waiver
          If a State or jurisdiction certifies to the Commission not
        later than January 1, 2004, that the State or jurisdiction will
        not meet the deadline described in subparagraph (A) for good
        cause and includes in the certification the reasons for the
        failure to meet such deadline, subparagraph (A) shall apply to
        the State or jurisdiction as if the reference in such
        subparagraph to "January 1, 2004" were a reference to "January
        1, 2006".
      (2) Requirement for voters who register by mail
        (A) In general
          Each State and jurisdiction shall be required to comply with
        the requirements of subsection (b) of this section on and after
        January 1, 2004, and shall be prepared to receive registration
        materials submitted by individuals described in subparagraph
        (B) on and after the date described in such subparagraph.
        (B) Applicability with respect to individuals
          The provisions of subsection (b) of this section shall apply
        to any individual who registers to vote on or after January 1,
        2003.

-SOURCE-
    (Pub. L. 107-252, title III, Sec. 303, Oct. 29, 2002, 116 Stat.
    1708.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Voter Registration Act of 1993, referred to in
    subsecs. (a)(2)(A)(i), (4)(A) and (b)(5), is Pub. L. 103-31, May
    20, 1993, 107 Stat. 77, as amended, which is classified principally
    to subchapter I-H (Sec. 1973gg et seq.) of chapter 20 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1971 of this title and
    Tables.
      Section 7 of the Privacy Act of 1974, referred to in subsecs.
    (a)(5)(D) and (c), is section 7 of Pub. L. 93-579, which is set out
    as a note under section 552a of Title 5, Government Organization
    and Employees.
      The Uniformed and Overseas Citizens Absentee Voting Act, referred
    to in subsec. (b)(3)(C)(i), is Pub. L. 99-410, Aug. 28, 1986, 100
    Stat. 924, as amended, which is classified principally to
    subchapter I-G (Sec. 1973ff et seq.) of chapter 20 of this title.
    For complete classification of this Act to the Code, see Short
    Title of 1986 Amendment note set out under section 1971 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 303 of Pub. L. 107-252. Subsec.
    (a)(5)(C) of section 303 of Pub. L. 107-252 amended section 405 of
    this title.

-End-

-CITE-
    42 USC Sec. 15484                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               
    Part A - Requirements

-HEAD-
    Sec. 15484. Minimum requirements

-STATUTE-
      The requirements established by this subchapter are minimum
    requirements and nothing in this subchapter shall be construed to
    prevent a State from establishing election technology and
    administration requirements that are more strict than the
    requirements established under this subchapter so long as such
    State requirements are not inconsistent with the Federal
    requirements under this subchapter or any law described in section
    15545 of this title.

-SOURCE-
    (Pub. L. 107-252, title III, Sec. 304, Oct. 29, 2002, 116 Stat.
    1714.)

-End-

-CITE-
    42 USC Sec. 15485                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               
    Part A - Requirements

-HEAD-
    Sec. 15485. Methods of implementation left to discretion of State

-STATUTE-
      The specific choices on the methods of complying with the
    requirements of this subchapter shall be left to the discretion of
    the State.

-SOURCE-
    (Pub. L. 107-252, title III, Sec. 305, Oct. 29, 2002, 116 Stat.
    1714.)

-End-

-CITE-
    42 USC Part B - Voluntary Guidance                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               
    Part B - Voluntary Guidance

-HEAD-
                        PART B - VOLUNTARY GUIDANCE                    

-End-

-CITE-
    42 USC Sec. 15501                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               
    Part B - Voluntary Guidance

-HEAD-
    Sec. 15501. Adoption of voluntary guidance by Commission

-STATUTE-
    (a) In general
      To assist States in meeting the requirements of part A of this
    subchapter, the Commission shall adopt voluntary guidance
    consistent with such requirements in accordance with the procedures
    described in section 15502 of this title.
    (b) Deadlines
      The Commission shall adopt the recommendations under this section
    not later than - 
        (1) in the case of the recommendations with respect to section
      15481 of this title, January 1, 2004;
        (2) in the case of the recommendations with respect to section
      15482 of this title, October 1, 2003; and
        (3) in the case of the recommendations with respect to section
      15483 of this title, October 1, 2003.
    (c) Quadrennial update
      The Commission shall review and update recommendations adopted
    with respect to section 15481 of this title no less frequently than
    once every 4 years.

-SOURCE-
    (Pub. L. 107-252, title III, Sec. 311, Oct. 29, 2002, 116 Stat.
    1715.)

-End-

-CITE-
    42 USC Sec. 15502                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY
           AND ADMINISTRATION REQUIREMENTS               
    Part B - Voluntary Guidance

-HEAD-
    Sec. 15502. Process for adoption

-STATUTE-
      The adoption of the voluntary guidance under this part shall be
    carried out by the Commission in a manner that provides for each of
    the following:
        (1) Publication of notice of the proposed recommendations in
      the Federal Register.
        (2) An opportunity for public comment on the proposed
      recommendations.
        (3) An opportunity for a public hearing on the record.
        (4) Publication of the final recommendations in the Federal
      Register.

-SOURCE-
    (Pub. L. 107-252, title III, Sec. 312, Oct. 29, 2002, 116 Stat.
    1715.)

-End-

-CITE-
    42 USC SUBCHAPTER IV - ENFORCEMENT                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER IV - ENFORCEMENT

-HEAD-
                        SUBCHAPTER IV - ENFORCEMENT                    

-End-

-CITE-
    42 USC Sec. 15511                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER IV - ENFORCEMENT

-HEAD-
    Sec. 15511. Actions by the Attorney General for declaratory and
      injunctive relief

-STATUTE-
      The Attorney General may bring a civil action against any State
    or jurisdiction in an appropriate United States District Court for
    such declaratory and injunctive relief (including a temporary
    restraining order, a permanent or temporary injunction, or other
    order) as may be necessary to carry out the uniform and
    nondiscriminatory election technology and administration
    requirements under sections 15481, 15482, and 15483 of this title.

-SOURCE-
    (Pub. L. 107-252, title IV, Sec. 401, Oct. 29, 2002, 116 Stat.
    1715.)

-End-

-CITE-
    42 USC Sec. 15512                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER IV - ENFORCEMENT

-HEAD-
    Sec. 15512. Establishment of State-based administrative complaint
      procedures to remedy grievances

-STATUTE-
    (a) Establishment of State-based administrative complaint
      procedures to remedy grievances
      (1) Establishment of procedures as condition of receiving funds
        If a State receives any payment under a program under this
      chapter, the State shall be required to establish and maintain
      State-based administrative complaint procedures which meet the
      requirements of paragraph (2).
      (2) Requirements for procedures
        The requirements of this paragraph are as follows:
          (A) The procedures shall be uniform and nondiscriminatory.
          (B) Under the procedures, any person who believes that there
        is a violation of any provision of subchapter III of this
        chapter (including a violation which has occurred, is
        occurring, or is about to occur) may file a complaint.
          (C) Any complaint filed under the procedures shall be in
        writing and notarized, and signed and sworn by the person
        filing the complaint.
          (D) The State may consolidate complaints filed under
        subparagraph (B).
          (E) At the request of the complainant, there shall be a
        hearing on the record.
          (F) If, under the procedures, the State determines that there
        is a violation of any provision of subchapter III of this
        chapter, the State shall provide the appropriate remedy.
          (G) If, under the procedures, the State determines that there
        is no violation, the State shall dismiss the complaint and
        publish the results of the procedures.
          (H) The State shall make a final determination with respect
        to a complaint prior to the expiration of the 90-day period
        which begins on the date the complaint is filed, unless the
        complainant consents to a longer period for making such a
        determination.
          (I) If the State fails to meet the deadline applicable under
        subparagraph (H), the complaint shall be resolved within 60
        days under alternative dispute resolution procedures
        established for purposes of this section. The record and other
        materials from any proceedings conducted under the complaint
        procedures established under this section shall be made
        available for use under the alternative dispute resolution
        procedures.
    (b) Requiring Attorney General approval of compliance plan for
      States not receiving funds
      (1) In general
        Not later than January 1, 2004, each nonparticipating State
      shall elect - 
          (A) to certify to the Commission that the State meets the
        requirements of subsection (a) of this section in the same
        manner as a State receiving a payment under this chapter; or
          (B) to submit a compliance plan to the Attorney General which
        provides detailed information on the steps the State will take
        to ensure that it meets the requirements of subchapter III of
        this chapter.
      (2) States without approved plan deemed out of compliance
        A nonparticipating State (other than a State which makes the
      election described in paragraph (1)(A)) shall be deemed to not
      meet the requirements of subchapter III of this chapter if the
      Attorney General has not approved a compliance plan submitted by
      the State under this subsection.
      (3) Nonparticipating State defined
        In this section, a "nonparticipating State" is a State which,
      during 2003, does not notify any office which is responsible for
      making payments to States under any program under this chapter of
      its intent to participate in, and receive funds under, the
      program.

-SOURCE-
    (Pub. L. 107-252, title IV, Sec. 402, Oct. 29, 2002, 116 Stat.
    1715.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(1) and (b)(1)(A), (3),
    was in the original "this Act", meaning Pub. L. 107-252, Oct. 29,
    2002, 116 Stat. 1666, which is classified principally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 15301 of this title and
    Tables.

-End-

-CITE-
    42 USC SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

-HEAD-
             SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM         

-End-

-CITE-
    42 USC Sec. 15521                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

-HEAD-
    Sec. 15521. Establishment of program

-STATUTE-
    (a) In general
      Not later than 1 year after the appointment of its members, the
    Election Assistance Commission shall develop a program to be known
    as the "Help America Vote College Program" (hereafter in this
    subchapter referred to as the "Program").
    (b) Purposes of Program
      The purpose of the Program shall be - 
        (1) to encourage students enrolled at institutions of higher
      education (including community colleges) to assist State and
      local governments in the administration of elections by serving
      as nonpartisan poll workers or assistants; and
        (2) to encourage State and local governments to use the
      services of the students participating in the Program.

-SOURCE-
    (Pub. L. 107-252, title V, Sec. 501, Oct. 29, 2002, 116 Stat.
    1717.)

-End-

-CITE-
    42 USC Sec. 15522                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

-HEAD-
    Sec. 15522. Activities under Program

-STATUTE-
    (a) In general
      In carrying out the Program, the Commission (in consultation with
    the chief election official of each State) shall develop materials,
    sponsor seminars and workshops, engage in advertising targeted at
    students, make grants, and take such other actions as it considers
    appropriate to meet the purposes described in section 15521(b) of
    this title.
    (b) Requirements for grant recipients
      In making grants under the Program, the Commission shall ensure
    that the funds provided are spent for projects and activities which
    are carried out without partisan bias or without promoting any
    particular point of view regarding any issue, and that each
    recipient is governed in a balanced manner which does not reflect
    any partisan bias.
    (c) Coordination with institutions of higher education
      The Commission shall encourage institutions of higher education
    (including community colleges) to participate in the Program, and
    shall make all necessary materials and other assistance (including
    materials and assistance to enable the institution to hold
    workshops and poll worker training sessions) available without
    charge to any institution which desires to participate in the
    Program.

-SOURCE-
    (Pub. L. 107-252, title V, Sec. 502, Oct. 29, 2002, 116 Stat.
    1717.)

-End-

-CITE-
    42 USC Sec. 15523                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

-HEAD-
    Sec. 15523. Authorization of appropriations

-STATUTE-
      In addition to any funds authorized to be appropriated to the
    Commission under section 15330 of this title, there are authorized
    to be appropriated to carry out this subchapter - 
        (1) $5,000,000 for fiscal year 2003; and
        (2) such sums as may be necessary for each succeeding fiscal
      year.

-SOURCE-
    (Pub. L. 107-252, title V, Sec. 503, Oct. 29, 2002, 116 Stat.
    1717.)

-End-

-CITE-
    42 USC SUBCHAPTER VI - TRANSFER TO COMMISSION OF
           FUNCTIONS UNDER CERTAIN LAWS                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN
                     LAWS                      

-HEAD-
     SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN
                                   LAWS

-End-

-CITE-
    42 USC Sec. 15531                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN
                     LAWS                      

-HEAD-
    Sec. 15531. Transfer of functions of Office of Election
      Administration of Federal Election Commission

-STATUTE-
      There are transferred to the Election Assistance Commission
    established under section 15321 of this title all functions which
    the Office of Election Administration, established within the
    Federal Election Commission, exercised before October 29, 2002.

-SOURCE-
    (Pub. L. 107-252, title VIII, Sec. 801(a), Oct. 29, 2002, 116 Stat.
    1725.)

-End-

-CITE-
    42 USC Sec. 15532                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN
                     LAWS                      

-HEAD-
    Sec. 15532. Transfer of functions

-STATUTE-
      There are transferred to the Election Assistance Commission
    established under section 15321 of this title all functions which
    the Federal Election Commission exercised under section 1973gg-7(a)
    of this title before October 29, 2002.

-SOURCE-
    (Pub. L. 107-252, title VIII, Sec. 802(a), Oct. 29, 2002, 116 Stat.
    1726.)

-End-

-CITE-
    42 USC Sec. 15533                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN
                     LAWS                      

-HEAD-
    Sec. 15533. Transfer of property, records, and personnel

-STATUTE-
    (a) Property and records
      The contracts, liabilities, records, property, and other assets
    and interests of, or made available in connection with, the offices
    and functions of the Federal Election Commission which are
    transferred by this subchapter are transferred to the Election
    Assistance Commission for appropriate allocation.
    (b) Personnel
      (1) In general
        The personnel employed in connection with the offices and
      functions of the Federal Election Commission which are
      transferred by this subchapter are transferred to the Election
      Assistance Commission.
      (2) Effect
        Any full-time or part-time personnel employed in permanent
      positions shall not be separated or reduced in grade or
      compensation because of the transfer under this subsection during
      the 1-year period beginning on October 29, 2002.

-SOURCE-
    (Pub. L. 107-252, title VIII, Sec. 803, Oct. 29, 2002, 116 Stat.
    1726.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    subtitle", meaning subtitle A (Secs. 801-804) of title VIII of Pub.
    L. 107-252, Oct. 29, 2002, 116 Stat. 1725, which enacted this
    subchapter and amended section 1973gg-7 of this title and section
    438 of Title 2, The Congress. For complete classification of
    subtitle A to the Code, see Tables.

-End-

-CITE-
    42 USC Sec. 15534                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN
                     LAWS                      

-HEAD-
    Sec. 15534. Effective date; transition

-STATUTE-
    (a) Effective date
      This subchapter and the amendments made by this subchapter shall
    take effect upon the appointment of all members of the Election
    Assistance Commission under section 15323 of this title.
    (b) Transition
      With the consent of the entity involved, the Election Assistance
    Commission is authorized to utilize the services of such officers,
    employees, and other personnel of the entities from which functions
    have been transferred to the Election Assistance Commission under
    this subchapter or the amendments made by this subchapter for such
    period of time as may reasonably be needed to facilitate the
    orderly transfer of such functions.
    (c) No effect on authorities of Office of Election Administration
      prior to appointment of members of Commission
      During the period which begins on October 29, 2002, and ends on
    the effective date described in subsection (a) of this section, the
    Office of Election Administration of the Federal Election
    Commission shall continue to have the authority to carry out any of
    the functions (including the development of voluntary standards for
    voting systems and procedures for the certification of voting
    systems) which it has the authority to carry out as of October 29,
    2002.

-SOURCE-
    (Pub. L. 107-252, title VIII, Sec. 804, Oct. 29, 2002, 116 Stat.
    1726.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsecs. (a) and (b), was in the
    original "this title", meaning title VIII of Pub. L. 107-252, Oct.
    29, 2002, 116 Stat. 1725, which enacted this subchapter, amended
    section 1973gg-7 of this title, section 438 of Title 2, The
    Congress, sections 3132 and 7323 of Title 5, Government
    Organization and Employees, and section 8G of the Inspector General
    Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5,
    and enacted provisions set out as a note under section 8G of the
    Inspector General Act of 1978, Pub. L. 95-452, set out in the
    Appendix to Title 5. For complete classification of title VIII to
    the Code, see Tables.

-End-

-CITE-
    42 USC SUBCHAPTER VII - MISCELLANEOUS PROVISIONS            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
                 SUBCHAPTER VII - MISCELLANEOUS PROVISIONS             

-End-

-CITE-
    42 USC Sec. 15541                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 15541. State defined

-STATUTE-
      In this chapter, the term "State" includes the District of
    Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,
    and the United States Virgin Islands.

-SOURCE-
    (Pub. L. 107-252, title IX, Sec. 901, Oct. 29, 2002, 116 Stat.
    1727.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666, which
    is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15301 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 15542                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 15542. Audits and repayment of funds

-STATUTE-
    (a) Recordkeeping requirement
      Each recipient of a grant or other payment made under this
    chapter shall keep such records with respect to the payment as are
    consistent with sound accounting principles, including records
    which fully disclose the amount and disposition by such recipient
    of funds, the total cost of the project or undertaking for which
    such funds are used, and the amount of that portion of the cost of
    the project or undertaking supplied by other sources, and such
    other records as will facilitate an effective audit.
    (b) Audits and examinations
      (1) Audits and examinations
        Except as provided in paragraph (5), each office making a grant
      or other payment under this chapter, or any duly authorized
      representative of such office, may audit or examine any recipient
      of the grant or payment and shall have access for the purpose of
      audit and examination to any books, documents, papers, and
      records of the recipient which in the opinion of the entity may
      be related or pertinent to the grant or payment.
      (2) Recipients of assistance subject to provisions of section
        The provisions of this section shall apply to all recipients of
      grants or other payments under this chapter, whether by direct
      grant, cooperative agreement, or contract under this chapter or
      by subgrant or subcontract from primary grantees or contractors
      under this chapter.
      (3) Mandatory audit
        In addition to audits conducted pursuant to paragraph (1), all
      funds provided under this chapter shall be subject to mandatory
      audit by the Comptroller General at least once during the
      lifetime of the program involved. For purposes of an audit under
      this paragraph, the Comptroller General shall have access to
      books, documents, papers, and records of recipients of funds in
      the same manner as the office making the grant or payment
      involved has access to such books, documents, papers, and records
      under paragraph (1).
      (4) Special rule for payments by General Services Administration
        With respect to any grant or payment made under this chapter by
      the Administrator of General Services, the Election Assistance
      Commission shall be deemed to be the office making the grant or
      payment for purposes of this section.
      (5) Special rule
        In the case of grants or payments made under section 15401 of
      this title, audits and examinations conducted under paragraph (1)
      shall be performed on a regular basis (as determined by the
      Commission).
      (6) Special rules for audits by the Commission
        In addition to the audits described in paragraph (1), the
      Election Assistance Commission may conduct a special audit or
      special examination of a recipient described in paragraph (1)
      upon a vote of the Commission.
    (c) Recoupment of funds
      If the Comptroller General determines as a result of an audit
    conducted under subsection (b) of this section that - 
        (1) a recipient of funds under this chapter is not in
      compliance with each of the requirements of the program under
      which the funds are provided; or
        (2) an excess payment has been made to the recipient under the
      program,

    the recipient shall pay to the office which made the grant or
    payment involved a portion of the funds provided which reflects the
    proportion of the requirements with which the recipient is not in
    compliance, or the extent to which the payment is in excess, under
    the program involved.

-SOURCE-
    (Pub. L. 107-252, title IX, Sec. 902, Oct. 29, 2002, 116 Stat.
    1727.)

-End-

-CITE-
    42 USC Sec. 15543                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 15543. Review and report on adequacy of existing electoral
      fraud statutes and penalties

-STATUTE-
    (a) Review
      The Attorney General shall conduct a review of existing criminal
    statutes concerning election offenses to determine - 
        (1) whether additional statutory offenses are needed to secure
      the use of the Internet for election purposes; and
        (2) whether existing penalties provide adequate punishment and
      deterrence with respect to such offenses.
    (b) Report
      The Attorney General shall submit a report to the Committees on
    the Judiciary of the Senate and House of Representatives, the
    Committee on Rules and Administration of the Senate, and the
    Committee on House Administration of the House of Representatives
    on the review conducted under subsection (a) of this section
    together with such recommendations for legislative and
    administrative action as the Attorney General determines
    appropriate.

-SOURCE-
    (Pub. L. 107-252, title IX, Sec. 904, Oct. 29, 2002, 116 Stat.
    1729.)

-End-

-CITE-
    42 USC Sec. 15544                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 15544. Other criminal penalties

-STATUTE-
    (a) Conspiracy to deprive voters of a fair election
      Any individual who knowingly and willfully gives false
    information in registering or voting in violation of section
    1973i(c) of this title, or conspires with another to violate such
    section, shall be fined or imprisoned, or both, in accordance with
    such section.
    (b) False information in registering and voting
      Any individual who knowingly commits fraud or knowingly makes a
    false statement with respect to the naturalization, citizenry, or
    alien registry of such individual in violation of section 1015 of
    title 18 shall be fined or imprisoned, or both, in accordance with
    such section.

-SOURCE-
    (Pub. L. 107-252, title IX, Sec. 905, Oct. 29, 2002, 116 Stat.
    1729.)

-End-

-CITE-
    42 USC Sec. 15545                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT
    SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 15545. No effect on other laws

-STATUTE-
    (a) In general
      Except as specifically provided in section 15483(b) of this title
    with regard to the National Voter Registration Act of 1993 (42
    U.S.C. 1973gg et seq.), nothing in this chapter may be construed to
    authorize or require conduct prohibited under any of the following
    laws, or to supersede, restrict, or limit the application of such
    laws:
        (1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
        (2) The Voting Accessibility for the Elderly and Handicapped
      Act (42 U.S.C. 1973ee et seq.).
        (3) The Uniformed and Overseas Citizens Absentee Voting Act (42
      U.S.C. 1973ff et seq.).
        (4) The National Voter Registration Act of 1993 (42 U.S.C.
      1973gg et seq.).
        (5) The Americans with Disabilities Act of 1990 (42 U.S.C.
      12101 et seq.).
        (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
    (b) No effect on preclearance or other requirements under Voting
      Rights Act
      The approval by the Administrator or the Commission of a payment
    or grant application under subchapter I or subchapter II of this
    chapter, or any other action taken by the Commission or a State
    under such subchapter, shall not be considered to have any effect
    on requirements for preclearance under section 5 of the Voting
    Rights Act of 1965 (42 U.S.C. 1973c) or any other requirements of
    such Act [42 U.S.C. 1973 et seq.].

-SOURCE-
    (Pub. L. 107-252, title IX, Sec. 906, Oct. 29, 2002, 116 Stat.
    1729.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Voter Registration Act of 1993, referred to in
    subsec. (a), is Pub. L. 103-31, May 20, 1993, 107 Stat. 77, as
    amended, which is classified principally to subchapter I-H (Sec.
    1973gg et seq.) of chapter 20 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1971 of this title and Tables.
      The Voting Rights Act of 1965, referred to in subsecs. (a)(1) and
    (b), is Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended,
    which is classified generally to subchapters I-A (Sec. 1973 et
    seq.), I-B (Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of
    chapter 20 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 1971 of
    this title and Tables.
      The Voting Accessibility for the Elderly and Handicapped Act,
    referred to in subsec. (a)(2), is Pub. L. 98-435, Sept. 28, 1984,
    98 Stat. 1678, as amended, which is classified generally to
    subchapter I-F (Sec. 1973ee et seq.) of chapter 20 of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 1971 of this title and Tables.
      The Uniformed and Overseas Citizens Absentee Voting Act, referred
    to in subsec. (a)(3), is Pub. L. 99-410, Aug. 28, 1986, 100 Stat.
    924, as amended, which is classified principally to subchapter I-G
    (Sec. 1973ff et seq.) of chapter 20 of this title. For complete
    classification of this Act to the Code, see Short Title of 1986
    Amendment note set out under section 1971 of this title and Tables.
      The Americans with Disabilities Act of 1990, referred to in
    subsec. (a)(5), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
    as amended, which is classified principally to chapter 126 (Sec.
    12101 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 12101
    of this title and Tables.
      The Rehabilitation Act of 1973, referred to in subsec. (a)(6), is
    Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
    classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,
    Labor. For complete classification of this Act to the Code, see
    Short Title note set out under section 701 of Title 29 and Tables.

-End-