52 U.S.C. § 21142 — Audits and repayment of funds

Page 87 TITLE 52—VOTING AND ELECTIONS § 21142 Editorial Notes 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. For com- plete classification of title VIII to the Code, see Tables. CODIFICATION Section was formerly classified to section 15534 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER VII—MISCELLANEOUS PROVISIONS § 21141. ‘‘State’’ defined 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. (Pub. L. 107–252, title IX, § 901, Oct. 29, 2002, 116 Stat. 1727.) Editorial Notes 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, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15541 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21142. Audits and repayment of funds (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 dis- position by such recipient of funds, the total cost of the project or undertaking for which such funds are used, and the amount of that por- tion 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 (4), each of- fice making a grant or other payment under this chapter, or any duly authorized represent- ative of such office, may audit or examine any recipient of the grant or payment and shall have access for the purpose of audit and exam- ination 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 provi- sions 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) Special rule for payments by General Serv- ices 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. (4) Special rule In the case of grants or payments made under section 21001 of this title, audits and ex- aminations conducted under paragraph (1) shall be performed on a regular basis (as deter- mined by the Commission). (5) Special rules for audits by the Commission In addition to the audits described in para- graph (1), the Election Assistance Commission may conduct a special audit or special exam- ination of a recipient described in paragraph (1) upon a vote of the Commission. (c) Recoupment of funds If the Comptroller General determines as a re- sult of an audit conducted under subsection (b) prior to November 26, 2014, that— (1) a recipient of funds under this chapter is not in compliance with each of the require- ments 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 pay- ment is in excess, under the program involved. (Pub. L. 107–252, title IX, § 902, Oct. 29, 2002, 116 Stat. 1727; Pub. L. 113–188, title IX, § 901(c), Nov. 26, 2014, 128 Stat. 2020.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b)(1) to (3), and (c)(1), 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 prin- cipally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15542 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2014—Subsec. (b)(1). Pub. L. 113–188, § 901(c)(1)(A), sub- stituted ‘‘paragraph (4)’’ for ‘‘paragraph (5)’’. Subsec. (b)(3) to (6). Pub. L. 113–188, § 901(c)(1)(B), (C), redesignated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: ‘‘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 Page 88 TITLE 52—VOTING AND ELECTIONS § 21143 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).’’ Subsec. (c). Pub. L. 113–188, § 901(c)(2), inserted ‘‘prior to November 26, 2014,’’ after ‘‘subsection (b)’’ in intro- ductory provisions. § 21143. Review and report on adequacy of exist- ing electoral fraud statutes and penalties (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 ade- quate 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 con- ducted under subsection (a) together with such recommendations for legislative and adminis- trative action as the Attorney General deter- mines appropriate. (Pub. L. 107–252, title IX, § 904, Oct. 29, 2002, 116 Stat. 1729.) Editorial Notes CODIFICATION Section was formerly classified to section 15543 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21144. Other criminal penalties (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 10307(c) of this title, or conspires with another to violate such section, shall be fined or imprisoned, or both, in accord- ance with such section. (b) False information in registering and voting Any individual who knowingly commits fraud or knowingly makes a false statement with re- spect to the naturalization, citizenry, or alien registry of such individual in violation of sec- tion 1015 of title 18 shall be fined or imprisoned, or both, in accordance with such section. (Pub. L. 107–252, title IX, § 905, Oct. 29, 2002, 116 Stat. 1729.) Editorial Notes CODIFICATION Section was formerly classified to section 15544 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21145. No effect on other laws (a) In general Except as specifically provided in section 21083(b) of this title with regard to the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) [now 52 U.S.C. 20501 et seq.], nothing in this chapter may be construed to authorize or require conduct prohibited under any of the fol- lowing 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.) [now 52 U.S.C. 10301 et seq.]. (2) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.) [now 52 U.S.C. 20101 et seq.]. (3) The Uniformed and Overseas Citizens Ab- sentee Voting Act (42 U.S.C. 1973ff et seq.) [now 52 U.S.C. 20301 et seq.]. (4) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) [now 52 U.S.C. 20501 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 require- ments under Voting Rights Act The approval by the Administrator or the Commission of a payment or grant application under subchapter I or subchapter II, or any other action taken by the Commission or a State under such subchapter, shall not be con- sidered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c) [now 52 U.S.C. 10304] or any other requirements of such Act [52 U.S.C. 10301 et seq.]. (Pub. L. 107–252, title IX, § 906, Oct. 29, 2002, 116 Stat. 1729.) Editorial Notes 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, which is classified principally to chapter 205 (§ 20501 et seq.) of this title. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsec. (a), 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. 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, which is classified generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of this title. For complete classification of this Act to the Code, see Tables. The Voting Accessibility for the Elderly and Handi- capped Act, referred to in subsec. (a)(2), is Pub. L. 98–435, Sept. 28, 1984, 98 Stat. 1678, which is classified generally to chapter 201 (§ 20101 et seq.) of this title. For complete classification of this Act to the Code, see Ta- bles. The Uniformed and Overseas Citizens Absentee Vot- ing Act, referred to in subsec. (a)(3), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which is classified prin- cipally to chapter 203 (§ 20301 et seq.) of this title. For complete classification of this Act to the Code, see Ta- bles. The Americans with Disabilities Act of 1990, referred to in subsec. (a)(5), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.