52 U.S.C. § 20961 — Technical Guidelines Development Com-

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 Page 62 TITLE 52—VOTING AND ELECTIONS § 20962 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 vol- untary voting system guideline pursuant to sec- tion 20962 of this title, the Development Com- mittee shall cause to have published in the Fed- eral Register the recommendations it provided under this section to the Executive Director of the Commission concerning the guideline adopt- ed. (Pub. L. 107–252, title II, § 221, Oct. 29, 2002, 116 Stat. 1682.) Editorial Notes 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, known as the Help America Vote Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15361 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20962. Process for adoption (a) General requirement for notice and comment Consistent with the requirements of this sec- tion, the final adoption of the voluntary voting system guidelines (or modification of such a guideline) shall be carried out by the Commis- sion 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 Devel- opment Committee; submission of proposed guidelines to Board of Advisors and Stand- ards Board (1) Consideration of recommendations of De- velopment Committee In developing the voluntary voting system guidelines and modifications of such guide- lines under this section, the Executive Direc- tor of the Commission shall take into consid- eration the recommendations provided by the Technical Guidelines Development Committee under section 20961 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 modifica- tions to such guidelines) to the Board of Advi- sors. (3) Standards Board The Executive Director of the Commission shall submit the guidelines proposed to be adopted under this subpart (or any modifica- tions to such guidelines) to the Executive Board of the Standards Board, which shall re- view the guidelines (or modifications) and for- ward its recommendations to the Standards Board. (c) Review Upon receipt of voluntary voting system guidelines described in subsection (b) (or a modi- fication of such guidelines) from the Executive Director of the Commission, the Board of Advi- sors and the Standards Board shall each review and submit comments and recommendations re- garding the guideline (or modification) to the Commission. (d) Final adoption (1) In general A voluntary voting system guideline de- scribed in subsection (b) (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 adop- tion of the guideline (or modification), taking into consideration the comments and rec- ommendations submitted by the Board of Ad- visors and the Standards Board under sub- section (c). (2) Minimum period for consideration of com- ments and recommendations The Commission may not vote on the final adoption of a guideline described in subsection (b) (or modification of such a guideline) until the expiration of the 90-day period which be- gins 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). (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 Com- mission 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 vol- untary voting system guidelines adopted under this subpart. (Pub. L. 107–252, title II, § 222, Oct. 29, 2002, 116 Stat. 1683.) Editorial Notes CODIFICATION Section was formerly classified to section 15362 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART B—TESTING, CERTIFICATION, DECERTIFICA- TION, AND RECERTIFICATION OF VOTING SYS- TEM HARDWARE AND SOFTWARE § 20971. Certification and testing of voting sys- tems (a) Certification and testing (1) In general The Commission shall provide for the test- ing, certification, decertification, and recer- tification of voting system hardware and soft- ware by accredited laboratories.