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42 U.S.C. § 15345 (THE PUBLIC HEALTH AND WELFARE)
§ 15345. Powers of Boards; no compensation for service
(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.
(Pub. L. 107–252, title II, § 215, Oct. 29, 2002, 116 Stat. 1681.)
heading: References in Text
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.
42 U.S.C. § 15346 (THE PUBLIC HEALTH AND WELFARE)
§ 15346. Status of Boards and members for purposes of claims against Board
(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.
(Pub. L. 107–252, title II, § 216, Oct. 29, 2002, 116 Stat. 1681.)
42 U.S.C. § 15371 (THE PUBLIC HEALTH AND WELFARE)
§ 15371. Certification and testing of voting systems
(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.
(Pub. L. 107–252, title II, § 231, Oct. 29, 2002, 116 Stat. 1684.)
42 U.S.C. § 15382 (THE PUBLIC HEALTH AND WELFARE)
§ 15382. Study, report, and recommendations on best practices for facilitating military and overseas voting
(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.
(Pub. L. 107–252, title II, § 242, Oct. 29, 2002, 116 Stat. 1688.)
42 U.S.C. § 15383 (THE PUBLIC HEALTH AND WELFARE)
§ 15383. Report on human factor research
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.
(Pub. L. 107–252, title II, § 243, Oct. 29, 2002, 116 Stat. 1688.)
42 U.S.C. § 15384 (THE PUBLIC HEALTH AND WELFARE)
§ 15384. Study and report on voters who register by mail and use of Social Security information
(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.
(Pub. L. 107–252, title II, § 244, Oct. 29, 2002, 116 Stat. 1689.)
heading: References in Text
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.
42 U.S.C. § 15386 (THE PUBLIC HEALTH AND WELFARE)
§ 15386. Study and report on free absentee ballot postage
(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.
(Pub. L. 107–252, title II, § 246, Oct. 29, 2002, 116 Stat. 1691.)
42 U.S.C. § 15387 (THE PUBLIC HEALTH AND WELFARE)
§ 15387. Consultation with Standards Board and Board of Advisors
The Commission shall carry out its duties under this part in consultation with the Standards Board and the Board of Advisors.
(Pub. L. 107–252, title II, § 247, Oct. 29, 2002, 116 Stat. 1692.)
42 U.S.C. § 15402 (THE PUBLIC HEALTH AND WELFARE)
§ 15402. Allocation of funds
(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.
(Pub. L. 107–252, title II, § 252, Oct. 29, 2002, 116 Stat. 1693.)
42 U.S.C. § 15405 (THE PUBLIC HEALTH AND WELFARE)
§ 15405. Process for development and filing of plan; publication by Commission
(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 posted on the Commission’s website with a notice published in the Federal Register.
(Pub. L. 107–252, title II, § 255, Oct. 29, 2002, 116 Stat. 1697; Pub. L. 112–74, div. C, title VI, § 622(1), Dec. 23, 2011, 125 Stat. 926.)
heading: Amendments
text: 2011—Subsec. (b). Pub. L. 112–74 inserted “posted on the Commission’s website with a notice” after “cause to have the plan”.
42 U.S.C. § 15406 (THE PUBLIC HEALTH AND WELFARE)
§ 15406. Requirement for public notice and comment
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.
(Pub. L. 107–252, title II, § 256, Oct. 29, 2002, 116 Stat. 1697.)
heading: References in Text
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.
42 U.S.C. § 15407 (THE PUBLIC HEALTH AND WELFARE)
§ 15407. Authorization of appropriations
(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.
(4) For fiscal year 2010 and subsequent fiscal years, such sums as are necessary for purposes of making requirements payments to States to carry out the activities described in section 15401(b)(3) of this title.
(b) Availability
Any amounts appropriated pursuant to the authority of subsection (a) of this section shall remain available without fiscal year limitation until expended.
(Pub. L. 107–252, title II, § 257, Oct. 29, 2002, 116 Stat. 1697; Pub. L. 111–84, div. A, title V, § 588(c), Oct. 28, 2009, 123 Stat. 2334.)
heading: Amendments
text: 2009—Subsec. (a)(4). Pub. L. 111–84 added par. (4).
42 U.S.C. § 15408 (THE PUBLIC HEALTH AND WELFARE)
§ 15408. Reports
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.
(Pub. L. 107–252, title II, § 258, Oct. 29, 2002, 116 Stat. 1697.)
heading: References in Text
text: This chapter, referred to in par. (3), was in the original “this Act”, meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, 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.
42 U.S.C. § 15421 (THE PUBLIC HEALTH AND WELFARE)
§ 15421. Payments to States and units of local government to assure access for individuals with disabilities
(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.
(Pub. L. 107–252, title II, § 261, Oct. 29, 2002, 116 Stat. 1698.)
42 U.S.C. § 15422 (THE PUBLIC HEALTH AND WELFARE)
§ 15422. Amount of payment
(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.
(Pub. L. 107–252, title II, § 262, Oct. 29, 2002, 116 Stat. 1698.)