52 U.S.C. § 20945 — Powers of Boards; no compensation for

Page 60 TITLE 52—VOTING AND ELECTIONS § 20945 4 So in original. Probably means the Public Integrity Section of the Criminal Division of the Department of Justice. (12) The chief of the Office of Public Integ- rity of the Department of Justice,4 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 As- sistance Program of the Department of De- fense. (15) Four members representing profes- sionals 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 Ma- jority Leader and the Minority Leader of the Senate. (16) Eight members representing voter inter- ests, 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) in a manner which ensures that the Board of Advisors will be bipar- tisan in nature and will reflect the various geo- graphic 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 ap- pointment was made. (d) Chair The Board of Advisors shall elect a Chair from among its members. (Pub. L. 107–252, title II, § 214, Oct. 29, 2002, 116 Stat. 1680.) Editorial Notes CODIFICATION Section was formerly classified to section 15344 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20945. 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 (act- ing through the Executive Board) and the Board of Advisors may each hold such hear- ings for the purpose of carrying out this chap- ter, 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 attend- ance and testimony of witnesses or the produc- tion of any evidence. (2) Meetings The Standards Board and the Board of Advi- sors shall each hold a meeting of its mem- bers— (A) not less frequently than once every year for purposes of voting on the voluntary voting system guidelines referred to it under section 20962 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 ap- propriate 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 Advi- sors 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 Advi- sors may use the United States mails in the same manner and under the same conditions as a department or agency of the Federal Govern- ment. (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 Adminis- trator 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.) Editorial Notes 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, known as the Help America Vote Act of 2002, which is classified principally to this Page 61 TITLE 52—VOTING AND ELECTIONS § 20961 chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15345 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20946. Status of Boards and members for pur- poses 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) may not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omis- sions for private gain, or any other act or omis- sion outside the scope of the service of a mem- ber of the Standards Board or the Board of Advi- sors. (Pub. L. 107–252, title II, § 216, Oct. 29, 2002, 116 Stat. 1681.) Editorial Notes CODIFICATION Section was formerly classified to section 15346 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBPART 3—TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE § 20961. Technical Guidelines Development Com- mittee (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 Com- mission not later than 9 months after all of its members have been appointed. (c) Membership (1) In general The Development Committee shall be com- posed 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 Commis- sion and the Director of the National Institute of Standards and Technology, consisting of the following: (A) An equal number of each of the fol- lowing: (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 Na- tional Standards Institute. (C) A representative of the Institute of Electrical and Electronics Engineers. (D) Two representatives of the National Association of State Election Directors se- lected by such Association who are not members of the Standards Board or Board of Advisors, and who are not of the same polit- ical party. (E) Other individuals with technical and scientific expertise relating to voting sys- tems and voting equipment. (2) Quorum A majority of the members of the Develop- ment Committee shall constitute a quorum, except that the Development Committee may not conduct any business prior to the appoint- ment 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 per- formance of services for the Development Com- mittee. (e) Technical support from National Institute of Standards and Technology (1) In general At the request of the Development Com- mittee, the Director of the National Institute of Standards and Technology shall provide the Development Committee with technical sup- port necessary for the Development Com- mittee to carry out its duties under this part. (2) Technical support The technical support provided under para- graph (1) shall include intramural research and development in areas to support the devel- opment of the voluntary voting system guide- lines 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 21083(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