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HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312503 16 U. S. C. 469a-2. Pub. L. 86-523, §4, as added Pub. L. 93-291, §1(3), May 24, 1974, 88 Stat. 174. §312504. Progress reports by Secretary on surveys and work undertaken as result of surveys (a). —The Secretary shall PROGRESS REPORTS TO FUNDING OR LICENSING AGENCY keep the agency responsible for funding or licensing the project notified at all times of the progress of any survey made under this chapter or of any work undertaken as a result of a survey, in order that there will be as little disruption or delay as possible in the carrying out of the functions of the agency. The survey and recovery programs shall terminate at a time agreed on by the Secretary and the head of the agency unless extended by agreement. (b). —The Secretary shall consult with any DISPOSITION OF RELICS AND SPECIMENS interested Federal and State agencies, educational and scientific organizations, private institutions, and qualified individuals, with a view to determining the ownership of, and the most appropriate repository for, any relics and specimens recovered as a result of any work performed as provided for in this section. (c). —The Secretary shall coordinate all Federal survey and COORDINATION OF ACTIVITIES recovery activities authorized under this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3255. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312504 16 U. S. C. 469a-3. Pub. L. 86-523, §5, formerly §2(c), (e), June 27, 1960, 74 Stat. 220, renumbered as §5 and amended Pub. L. 93-291, §1(4), (6), (7), May 24, 1974, 88 Stat. 175; Pub. L. 96-205, title VI, §608(b)(1), Mar. 12, 1980, 94 Stat. 92; Pub. L. 103-437, §6(d)(27), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104-333, div. I, title VIII, §814(d)(2)(B), Nov. 12, 1996, 110 Stat. 4196. §312505. Notice of dam construction (a). —Before any Federal agency undertakes the construction of a dam, or issues a IN GENERAL license to any private individual or corporation for the construction of a dam, it shall give written notice to the Secretary setting forth the site of the proposed dam and the approximate area to be flooded and otherwise changed if construction is undertaken. (b). —With respect to any DAMS WITH CERTAIN DETENTION CAPACITY OR RESERVOIR flood water retarding dam that provides fewer than 5,000 acre-feet of detention capacity, and with respect to any other type of dam that creates a reservoir of fewer than 40 surface acres, this section[Release Point 118-106]
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shall apply only when the constructing agency, in its preliminary surveys, finds or is presented with evidence that historical or archeological materials exist or may be present in the proposed reservoir area. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3256. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312505 16 U. S. C. 469a. Pub. L. 86-523, §2, formerly §2(a), June 27, 1960, 74 Stat. 220, renumbered as §2 and amended Pub. L. 93-291, §1(2), (5), May 24, 1974, 88 Stat. 174, 175. In subsection (a), the words "Federal agency" are substituted for "agency of the United States" for consistency in the revised title and with other titles of the United States Code. §312506. Administration In the administration of this chapter, the Secretary may— (1) enter into contracts or make cooperative agreements with any Federal or State agency, educational or scientific organization, or institution, corporation, association, or qualified individual; (2) obtain the services of experts and consultants or organizations of experts and consultants in accordance with section 3109 of title 5; and (3) accept and utilize funds made available for salvage archeological purposes by any private person or corporation or transferred to the Secretary by any Federal agency. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3256. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312506 16 U. S. C. 469b. Pub. L. 86-523, §6, formerly §3, June 27, 1960, 74 Stat. 221, renumbered as §6 and amended Pub. L. 93-291, §1(8), May 24, 1974, 88 Stat. 175. §312507. Assistance to Secretary by Federal agencies responsible for construction projects (a). —To carry out this chapter, any Federal agency ASSISTANCE OF FEDERAL AGENCIES responsible for a construction project may assist the Secretary or may transfer to the Secretary funds as may be agreed on, but not more than 1 percent of the total amount authorized to be appropriated for the project, except that the 1 percent limitation under this section shall not apply if the cost of the project is $50,000 or less. The costs of the survey, recovery, analysis, and publication shall be deemed nonreimbursable project costs. (b). —Amounts appropriated for purposes of this AVAILABILITY OF APPROPRIATIONS section shall remain available until expended. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3256. ) HISTORICAL AND REVISION NOTES[Release Point 118-106]
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Limitation on obligation or expenditure of appropriated amounts. 320106. Criminal penalties. 320105. Jurisdiction of States in acquired land. 320104. Cooperation with governmental and private agencies and individuals. 320103. Powers and duties of Secretary. 320102. Declaration of national policy. 320101. Sec. Revised Section Source (U. S. Code) Source (Statutes at Large) 312507(a) 16 U. S. C. 469c(a) through (c). Pub. L. 86-523, §7, formerly §4, June 27, 1960, 74 Stat. 221, renumbered as §7 and amended Pub. L. 93-291, §1(9), May 24, 1974, 88 Stat. 175; Pub. L. 95-625, title VI, §603, Nov. 10, 1978, 92 Stat. 3518. 312507(b) 16 U. S. C. 469c(d). In subsection (a), the text of 16 U. S. C. 469c(b) and (c) is omitted as obsolete. The words "cost of the" are added for clarity. In subsection (b), the words "Beginning fiscal year 1979" are omitted as obsolete. §312508. Costs for identification, surveys, evaluation, and data recovery with respect to historic property Notwithstanding section 312507(a) of this title or any other provision of law— (1) identification, surveys, and evaluation carried out with respect to historic property within project areas may be treated for purposes of any law or rule of law as planning costs of the project and not as costs of mitigation; (2) reasonable costs for identification, surveys, evaluation, and data recovery carried out with respect to historic property within project areas may be charged to Federal licensees and permittees as a condition to the issuance of the license or permit; and (3) Federal agencies, with the concurrence of the Secretary and after notification of the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, may waive, in appropriate cases, the 1 percent limitation under section 312507(a) of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3256. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312508 16 U. S. C. 469c-2. Pub. L. 96-515, title II, §208, Dec. 12, 1980, 94 Stat. 2997; Pub. L. 103-437, §6(d)(28), Nov. 2, 1994, 108 Stat. 4584. DIVISION C—AMERICAN ANTIQUITIES CHAPTER 3201—POLICY AND ADMINISTRATIVE PROVISIONS         [Release Point 118-106]
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§320101. Declaration of national policy It is declared that it is a national policy to preserve for public use historic sites, buildings, and objects of national significance for the inspiration and benefit of the people of the United States. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3257. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 320101 16 U. S. C. 461. Aug. 21, 1935, ch. 593, §1, 49 Stat. 666. STATUTORY NOTES AND RELATED SUBSIDIARIES NATIONAL HISTORIC SITES   Adams National Historic Site, Massachusetts [redesignated Adams National Historical Park by Pub. L. 105-342, §5(e), Nov. 2, 1998, 112 Stat. 3202 (16 U. S. C. 410eee et seq. )]. —Designated Dec. 9, 1946. Allegheny Portage Railroad National Historic Site, Pennsylvania. —Pub. L. 88-546, Aug. 31, 1964, 78 Stat. 752; Pub. L. 107-369, Dec. 19, 2002, 116 Stat. 3069; Pub. L. 108-352, §16, Oct. 21, 2004, 118 Stat. 1398. Amache National Historic Site, Colorado. —Pub. L. 117-106, Mar. 18, 2022, 136 Stat. 1122. Andersonville National Historic Site, Georgia. —Pub. L. 91-465, Oct. 16, 1970, 84 Stat. 989; Pub. L. 107-357, §1, Dec. 17, 2002, 116 Stat. 3014. Andrew Johnson National Historic Site. —Aug. 29, 1935, ch. 801, 49 Stat. 958 (16 U. S. C. 450 o-450q); Proc. No. 2554, Apr. 27, 1942, 56 Stat. 1955; Pub. L. 88-197, Dec. 11, 1963, 77 Stat. 349; Pub. L. 94-578, title II, §201(1), Oct. 21, 1976, 90 Stat. 2733. Ansley Wilcox House National Historic Site (see Theodore Roosevelt Inaugural National Historic Site, New York). Bent's Old Fort National Historic Site, Colorado. —Pub. L. 86-487, June 3, 1960, 74 Stat. 155. Blackwell School National Historic Site, Texas. —Pub. L. 117-206, Oct. 17, 2022, 136 Stat. 2235. Boston African American National Historic Site, Massachusetts. —Pub. L. 96-430, title I, Oct. 10, 1980, 94 Stat. 1845. Brown v. Board of Education National Historic Site, Kansas [redesignated Brown v. Board of Education National Historical Park by Pub. L. 117-123, §2(a), May 12, 2022, 136 Stat. 1196 (16 U. S. C. 410iiii et seq. )]. —Pub. L. 102-525, title I, Oct. 26, 1992, 106 Stat. 3438. Carl Sandburg Home National Historic Site, North Carolina. —Pub. L. 90-592, Oct. 17, 1968, 82 Stat. 1154; Pub. L. 110-229, title III, §311, May 8, 2008, 122 Stat. 769. Carter G. Woodson Home National Historic Site, District of Columbia. —Pub. L. 108-192, Dec. 19, 2003, 117 Stat. 2873. Charles Pinckney National Historic Site, South Carolina. —Pub. L. 100-421, Sept. 8, 1988, 102 Stat. 1581. Clara Barton National Historic Site, Maryland. —Pub. L. 93-486, title I, §101(a)(1), Oct. 26, 1974, 88 Stat. 1461. Edgar Allan Poe National Historic Site, Pennsylvania. —Pub. L. 95-625, title V, §503, Nov. 10, 1978, 92 Stat. 3498. Edison National Historic Site [references to Edison National Historic Site deemed to refer to the[Release Point 118-106]
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Thomas Edison National Historical Park by Pub. L. 111-11, title VII, §7110(c)(5), Mar. 30, 2009, 123 Stat. 1198, see 16 U. S. C. 410mmm]. —Pub. L. 87-628, Sept. 5, 1962, 76 Stat. 428; Pub. L. 94-578, title III, §311, Oct. 21, 1976, 90 Stat. 2736; repealed by Pub. L. 111-11, title VII, §7110(c)(4), Mar. 30, 2009, 123 Stat. 1198. Eisenhower National Historic Site, Pennsylvania. —33 F. R. 16031, Nov. 27, 1967; Pub. L. 91-133, Dec. 2, 1969, 83 Stat. 274. Eleanor Roosevelt National Historic Site, New York. —Pub. L. 95-32, May 26, 1977, 91 Stat. 171; Pub. L. 105-364, Nov. 10, 1998, 112 Stat. 3300. Eugene O'Neill National Historic Site, California. —Pub. L. 94-539, §§1, 2, Oct. 18, 1976, 90 Stat. 2501. Fallen Timbers Battlefield and Fort Miamis National Historic Site, Ohio. —Pub. L. 106-164, Dec. 9, 1999, 113 Stat. 1792; Pub. L. 106-387, §1(a) [title VII, §777], Oct. 28, 2000, 114 Stat. 1549, 1549A-46. First Ladies National Historic Site, Ohio. —Pub. L. 106-291, title I, §145, Oct. 11, 2000, 114 Stat. 950. Ford's Theatre National Historic Site, District of Columbia. —Pub. L. 91-288, June 23, 1970, 84 Stat. 322. Fort Bowie National Historic Site, Arizona. —Pub. L. 88-510, Aug. 30, 1964, 78 Stat. 681. Fort Davis National Historic Site, Texas. —Pub. L. 87-213, Sept. 8, 1961, 75 Stat. 488; Pub. L. 105-355, title V, §506, Nov. 6, 1998, 112 Stat. 3263; Pub. L. 111-11, title VII, §7118, Mar. 30, 2009, 123 Stat. 1205. Fort Laramie National Historic Site, Wyoming. —Proc. No. 2292, July 16, 1938, 53 Stat. 2461; Pub. L. 86-444, Apr. 29, 1960, 74 Stat. 83. Fort Larned National Historic Site, Kansas. —Pub. L. 88-541, Aug. 31, 1964, 78 Stat. 748; Pub. L. 94-578, title II, §201(4), Oct. 21, 1976, 90 Stat. 2733. Fort Point National Historic Site, California. —Pub. L. 91-457, Oct. 16, 1970, 84 Stat. 970. Fort Raleigh National Historic Site, North Carolina. —Designated Apr. 5, 1941; Pub. L. 87-148, Aug. 17, 1961, 75 Stat. 384; Pub. L. 101-603, Nov. 16, 1990, 104 Stat. 3065. Fort Saint Marks National Historic Site, Florida. —Pub. L. 87-789, Oct. 10, 1962, 76 Stat. 807. Fort Scott National Historic Site, Kansas. —Pub. L. 95-484, Oct. 19, 1978, 92 Stat. 1610; Pub. L. 95-625, title XII, Nov. 10, 1978, 92 Stat. 3548; Pub. L. 116-9, title II, §2105, Mar. 12, 2019, 133 Stat. 726. Fort Smith National Historic Site, Arkansas. —Pub. L. 87-215, Sept. 13, 1961, 75 Stat. 489; Pub. L. 94-578, title III, §312, Oct. 21, 1976, 90 Stat. 2737. Fort Union Trading Post National Historic Site, North Dakota and Montana. —Pub. L. 89-458, June 20, 1966, 80 Stat. 211. Frederick Law Olmsted National Historic Site, Massachusetts. —Pub. L. 96-87, title II, Oct. 12, 1979, 93 Stat. 664; Pub. L. 105-343, Nov. 2, 1998, 112 Stat. 3203. Friendship Hill National Historic Site, Pennsylvania. —Pub. L. 95-625, title V, §509, Nov. 10, 1978, 92 Stat. 3509. Georgia O'Keeffe National Historic Site, New Mexico. —Pub. L. 96-344, §3, Sept. 8, 1980, 94 Stat. 1133; repealed by Pub. L. 98-396, title I, Aug. 22, 1984, 98 Stat. 1386. Golden Spike National Historic Site, Utah [redesignated Golden Spike National Historical Park by Pub. L. 116-9, title II, §2205(b), Mar. 12, 2019, 133 Stat. 738 (16 U. S. C. 410cccc et seq. )]. —Pub. L. 89-102, July 30, 1965, 79 Stat. 426; Pub. L. 94-578, title II, §201(5), Oct. 21, 1976, 90 Stat. 2733. Grant-Kohrs Ranch National Historic Site, Montana. —Pub. L. 92-406, Aug. 25, 1972, 86 Stat. 632; Pub. L. 105-365, Nov. 10, 1998, 112 Stat. 3301. Grey Towers National Historic Site, Pennsylvania. —Pub. L. 108-447, div. E, title III, §348, Dec. 8, 2004, 118 Stat. 3106. Hampton National Historic Site, Maryland. —Designated June 22, 1948. [Release Point 118-106]
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Harry S Truman National Historic Site, Missouri. —Pub. L. 98-32, May 23, 1983, 97 Stat. 193; Pub. L. 101-105, Oct. 2, 1989, 103 Stat. 675; Pub. L. 103-184, §1, Dec. 14, 1993, 107 Stat. 2243; Pub. L. 108-396, Oct. 30, 2004, 118 Stat. 2250; Pub. L. 116-9, title II, §2109(b), Mar. 12, 2019, 133 Stat. 731. Herbert Hoover National Historic Site, Iowa. —Pub. L. 89-119, Aug. 12, 1965, 79 Stat. 510. Home of Franklin D. Roosevelt National Historic Site, New York. —Designated Jan. 15, 1944; Pub. L. 105-364, Nov. 10, 1998, 112 Stat. 3300; Pub. L. 106-147, Dec. 9, 1999, 113 Stat. 1717; Pub. L. 116-9, title II, §2110, Mar. 12, 2019, 133 Stat. 733. Honouliuli National Historic Site, Hawai'i. —Pub. L. 116-9, title II, §2206(d), Mar. 12, 2019, 133 Stat. 741. Hopewell Furnace [formerly Hopewell Village] National Historic Site, Pennsylvania. —Designated Aug. 3, 1938; redesignated Sept. 19, 1985, 50 F. R. 52385. Hubbell Trading Post National Historic Site, Arizona. —Pub. L. 89-148, Aug. 28, 1965, 79 Stat. 584. James A. Garfield National Historic Site, Ohio. —Pub. L. 96-607, title XII, Dec. 28, 1980, 94 Stat. 3545. Jefferson National Expansion Memorial, National Historical Site, Missouri [redesignated Gateway Arch National Park by Pub. L. 115-128, §2, Feb. 22, 2018, 132 Stat. 328 (16 U. S. C. 450jj-10)]. —Designated Dec. 21, 1935. Jimmy Carter National Historic Site, Georgia [redesignated Jimmy Carter National Historical Park by Pub. L. 116-341, §2(a), Jan. 13, 2021, 134 Stat. 5132 (16 U. S. C. 410hhhh et seq. )]. —Pub. L. 100-206, Dec. 23, 1987, 101 Stat. 1434; Pub. L. 105-106, §1, Nov. 20, 1997, 111 Stat. 2247. John Fitzgerald Kennedy National Historic Site, Massachusetts. —Pub. L. 90-20, May 26, 1967, 81 Stat. 29. John Muir National Historic Site, California. —Pub. L. 88-547, Aug. 31, 1964, 78 Stat. 753; Pub. L. 100-563, §5, Oct. 31, 1988, 102 Stat. 2829; Pub. L. 108-385, Oct. 30, 2004, 118 Stat. 2227; Pub. L. 115-191, June 22, 2018, 132 Stat. 1501. Kate Mullany National Historic Site, New York.-Pub. L. 108-438, Dec. 3, 2004, 118 Stat. 2625. Knife River Indian Villages National Historic Site, North Dakota. —Pub. L. 93-486, title I, §101(a)(3), Oct. 26, 1974, 88 Stat. 1461; Pub. L. 101-430, §1, Oct. 15, 1990, 104 Stat. 959. Lincoln Home National Historic Site, Illinois. —Pub. L. 92-127, Aug. 18, 1971, 85 Stat. 347; Pub. L. 94-578, title I, §101(7), Oct. 21, 1976, 90 Stat. 2732. Little Rock Central High School National Historic Site, Arkansas. —Pub. L. 105-356, Nov. 6, 1998, 112 Stat. 3268; Pub. L. 115-117, Jan. 12, 2018, 131 Stat. 2283. Longfellow House-Washington's Headquarters [formerly Longfellow] National Historic Site, Massachusetts. —Pub. L. 92-475, Oct. 9, 1972, 86 Stat. 791; Pub. L. 111-333, Dec. 22, 2010, 124 Stat. 3581. Lower East Side Tenement National Historic Site, New York. —Pub. L. 105-378, title I, Nov. 12, 1998, 112 Stat. 3395; Pub. L. 113-291, div. B, title XXX, §3038, Dec. 19, 2014, 128 Stat. 3783. Lyndon B. Johnson National Historic Site, Texas [redesignated Lyndon B. Johnson National Historical Park by Pub. L. 96-607, title VI, Dec. 3, 1980, 94 Stat. 3540 (16 U. S. C. 410kk to 410kk-2)]. —Pub. L. 91-134, Dec. 2, 1969, 83 Stat. 274. Maggie L. Walker National Historic Site, Virginia. —Pub. L. 95-625, title V, §511, Nov. 10, 1978, 92 Stat. 3510. Manzanar National Historic Site, California. —Pub. L. 102-248, title I, Mar. 3, 1992, 106 Stat. 40; Pub. L. 104-333, div. I, title V, §515, Nov. 12, 1996, 110 Stat. 4167. Mar-A-Lago National Historic Site, Florida [redesignated Mar-A-Lago National Historic Landmark by Pub. L. 96-586, §4(a)(2), Dec. 23, 1980, 94 Stat. 3386 (16 U. S. C. 467a note)]. —Designated Jan. 16, 1969; Pub. L. 92-527, Oct. 21, 1972, 86 Stat. 1049; repealed by Pub. L. 96-586, §4(a)(1), Dec. 23, 1980, 94 Stat. 3386. Martin Luther King, Junior, National Historic Site, Georgia [redesignated Martin Luther King, Jr. [Release Point 118-106]
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National Historical Park by Pub. L. 115-108, §3, Jan. 8, 2018, 131 Stat. 2267 (16 U. S. C. 410www et seq. )]. —Pub. L. 96-428, Oct. 10, 1980, 94 Stat. 1839; Pub. L. 102-575, title XL, §4024, Oct. 30, 1992, 106 Stat. 4768; Pub. L. 108-314, Oct. 5, 2004, 118 Stat. 1198. Martin Van Buren National Historic Site, New York. —Pub. L. 93-486, title I, §101(a)(6), Oct. 26, 1974, 88 Stat. 1462; Pub. L. 111-11, title VII, §7112, Mar. 30, 2009, 123 Stat. 1201. Mary Mc Leod Bethune Council House National Historic Site, District of Columbia. —Pub. L. 97-329, Oct. 15, 1982, 96 Stat. 1615; Pub. L. 102-211, Dec. 11, 1991, 105 Stat. 1652. Minidoka National Historic Site, Idaho. —Pub. L. 110-229, title III, §313, May 8, 2008, 122 Stat. 770; Pub. L. 113-171, §1, Sept. 26, 2014, 128 Stat. 1895. Minuteman Missile National Historic Site, South Dakota. —Pub. L. 106-115, Nov. 29, 1999, 113 Stat. 1540; Pub. L. 113-36, Sept. 18, 2013, 127 Stat. 521. New Philadelphia National Historic Site, Illinois. —Pub. L. 117-328, div. DD, title VI, §601, Dec. 29, 2022, 136 Stat. 5601. Nicodemus National Historic Site, Kansas. —Pub. L. 104-333, div. I, title V, §512, Nov. 12, 1996, 110 Stat. 4163; Pub. L. 106-176, title I, §112, Mar. 10, 2000, 114 Stat. 27. Ninety Six National Historic Site, South Carolina. —Pub. L. 94-393, Aug. 19, 1976, 90 Stat. 1196. Old Philadelphia Custom House National Historic Site, Pennsylvania. —Designated May 26, 1939. Palo Alto Battlefield National Historic Site, Texas [redesignated Palo Alto Battlefield National Historical Park by Pub. L. 111-11, title VII, §7113(a)(1), Mar. 30, 2009, 123 Stat. 1201 (16 U. S. C. 410nnn et seq. )]. —Pub. L. 95-625, title V, §506, Nov. 10, 1978, 92 Stat. 3500; Pub. L. 102-304, June 23, 1992, 106 Stat. 256. President William Jefferson Clinton Birthplace Home National Historic Site, Arkansas. —Pub. L. 111-11, title VII, §7002, Mar. 30, 2009, 123 Stat. 1188. Pu'ukohol Heiau National Historic Site, Hawai'i. —Pub. L. 92-388, Aug. 17, 1972, 86 Stat. 562; Pub. L. 106-510, §3(e), Nov. 13, 2000, 114 Stat. 2364. Ronald Reagan Boyhood Home National Historic Site, Illinois. —Pub. L. 107-137, Feb. 6, 2002, 116 Stat. 3. Saint-Gaudens National Historic Site, New Hampshire [redesignated Saint-Gaudens National Historical Park by Pub. L. 116-9, title II, §2201(a), Mar. 12, 2019, 133 Stat. 733 (16 U. S. C. 410zzz et seq. )]. —Pub. L. 88-543, Aug. 31, 1964, 78 Stat. 749; Pub. L. 94-578, title I, §101(10), title II, §201(7), title III, §306, Oct. 21, 1976, 90 Stat. 2732, 2733, 2735; Pub. L. 106-491, Nov. 9, 2000, 114 Stat. 2209. Salem Maritime National Historic Site, Massachusetts. —Designated Mar. 17, 1938; Pub. L. 100-349, June 27, 1988, 102 Stat. 659; Pub. L. 101-632, Nov. 28, 1990, 104 Stat. 4575. San Juan National Historic Site, Puerto Rico. —Designated Feb. 14, 1949. Sand Creek Massacre National Historic Site, Colorado. —Pub. L. 106-465, Nov. 7, 2000, 114 Stat. 2019; Pub. L. 109-45, Aug. 2, 2005, 119 Stat. 445. Saugus Iron Works National Historic Site, Massachusetts. —Pub. L. 90-282, Apr. 5, 1968, 82 Stat. 72. Sewall-Belmont House National Historic Site, District of Columbia. —Pub. L. 93-486, title II, Oct. 26, 1974, 88 Stat. 1463. Springfield Armory National Historic Site, Massachusetts. —Pub. L. 93-486, title I, §101(a)(4), Oct. 26, 1974, 88 Stat. 1461. Steamtown National Historic Site, Pennsylvania. —Pub. L. 99-500, §101(h) [title I, §§1-5], Oct. 18, 1986, 100 Stat. 1783-248, and Pub. L. 99-591, §101(h) [title I, §§1-5], Oct. 30, 1986, 100 Stat. 3341-248. Thaddeus Kosciuszko Home National Historic Site, Pennsylvania. —Pub. L. 92-524, Oct. 21, 1972, 86 Stat. 1046. Theodore Roosevelt Inaugural [formerly Ansley Wilcox House] National Historic Site, New York. —Pub. L. 89-708, Nov. 2, 1966, 80 Stat. 1101; Pub. L. 96-607, title VIII, Dec. 28, 1980, 94 Stat. 3541. [Release Point 118-106]
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Thomas Cole National Historic Site, New York. —Pub. L. 106-146, Dec. 9, 1999, 113 Stat. 1714. Thomas Stone National Historic Site, Maryland. —Pub. L. 95-625, title V, §510, Nov. 10, 1978, 92 Stat. 3510. Tuskegee Airmen National Historic Site, Alabama. —Pub. L. 105-355, title III, Nov. 6, 1998, 112 Stat. 3254. Tuskegee Institute National Historic Site, Alabama. —Pub. L. 93-486, title I, §101(a)(5), Oct. 26, 1974, 88 Stat. 1462. Ulysses S. Grant National Historic Site, Missouri. —Pub. L. 101-106, Oct. 2, 1989, 103 Stat. 677. Vanderbilt Mansion National Historic Site, New York. —Designated Dec. 18, 1940. Weir Farm National Historic Site, Connecticut [redesignated Weir Farm National Historical Park by Pub. L. 116-305, §2(a), Jan. 5, 2021, 134 Stat. 4917 (16 U. S. C. 410ffff et seq. )]. —Pub. L. 101-485, Oct. 31, 1990, 104 Stat. 1171; Pub. L. 103-449, title II, Nov. 2, 1994, 108 Stat. 4756; Pub. L. 105-363, §1, Nov. 10, 1998, 112 Stat. 3296; Pub. L. 111-11, title VII, §7102, Mar. 30, 2009, 123 Stat. 1190. William Howard Taft National Historic Site, Ohio. —Pub. L. 91-132, Dec. 2, 1969, 83 Stat. 273; Pub. L. 107-60, Nov. 5, 2001, 115 Stat. 408. For other historic sites, see General Index. NATIONAL BATTLEFIELD SITES   Cowpens National Battlefield Site, South Carolina. —Act Mar. 4, 1929, ch. 699, 45 Stat. 1558. Fort Necessity National Battlefield Site, Pennsylvania. —Act Mar. 4, 1931, ch. 504, 46 Stat. 1522 [redesignated Fort Necessity National Battlefield by Pub. L. 87-134, §3, Aug. 10, 1961, 75 Stat. 336. See section 430rr of this title]. Shenandoah Valley Battlefields National Historic District, Virginia. —Pub. L. 104-333, div. I, title VI, §606, Nov. 12, 1996, 110 Stat. 4174; Pub. L. 106-176, title I, §115, Mar. 10, 2000, 114 Stat. 27. Washita Battlefield National Historic Site, Oklahoma. —Pub. L. 104-333, div. I, title VI, §607, Nov. 12, 1996, 110 Stat. 4180; Pub. L. 106-176, title I, §116, Mar. 10, 2000, 114 Stat. 27. Tables listing National Heritage and River Corridors, National Heritage Areas, National Heritage Canalways, National Heritage Partnerships, and National Heritage Routes, formerly set out under this section, were transferred and are set out under section 120102 of this title. NATIONAL COMMEMORATIVE SITES   Charleston National Commemorative Site, Arkansas. —Pub. L. 105-277, div. A, §101(e) [title I, §128], Oct. 21, 1998, 112 Stat. 2681-231, 2681-262. Kennedy-King National Commemorative Site, Indiana. —Pub. L. 115-163, Apr. 4, 2018, 132 Stat. 1251. Quindaro Townsite National Commemorative Site, Kansas. —Pub. L. 116-9, title IX, §9008, Mar. 12, 2019, 133 Stat. 838. CROSSROADS OF THE WEST HISTORIC DISTRICT Pub. L. 106-577, title III, §302, Dec. 28, 2000, 114 Stat. 3072, established the Crossroads of the West Historic District in Ogden, Utah, provided that the Secretary of the Interior could make grants and enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities for the preparation of a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the[Release Point 118-106]
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District, for implementation of projects approved by the Secretary under that development plan, for an analysis assessing measures that could be taken to encourage economic development and revitalization within the District in a manner consistent with the District's historic character, and for assisting in the restoration, repair, rehabilitation and improvement of historic infrastructure, and the preservation and interpretation of properties, within the District, set forth the application process, and authorized appropriations. ROUTE 66 CORRIDOR Pub. L. 106-45, Aug. 10, 1999, 113 Stat. 224, as amended by Pub. L. 111-11, title VII, §7304, Mar. 30, 2009, 123 Stat. 1218, authorized the Secretary of the Interior, acting through the Cultural Resource Programs at the National Park Service, to develop and carry out programs of technical assistance, grants, and coordination of activities for the preservation of the Route 66 corridor and authorized appropriations for these purposes. CHESAPEAKE BAY INITIATIVE Pub. L. 105-312, title V, Oct. 30, 1998, 112 Stat. 2961, as amended by Pub. L. 107-308, §9, Dec. 2, 2002, 116 Stat. 2448; Pub. L. 111-212, title III, §3005, July 29, 2010, 124 Stat. 2339; Pub. L. 112-74, div. E, title I, Dec. 23, 2011, 125 Stat. 991; Pub. L. 113-76, div. G, title IV, §428, Jan. 17, 2014, 128 Stat. 345; Pub. L. 114-113, div. G, title IV, §422, Dec. 18, 2015, 129 Stat. 2579; Pub. L. 115-141, div. G, title IV, §420, Mar. 23, 2018, 132 Stat. 691; Pub. L. 116-188, title I, §110, Oct. 30, 2020, 134 Stat. 920, known as the Chesapeake Bay Initiative Act of 1998, authorized Secretary of the Interior, in cooperation with Administrator of the Environmental Protection Agency, to create a Chesapeake Bay Gateways and Watertrails Network and to provide assistance to State and local governments in establishing this network, and authorized appropriations for these purposes. VANCOUVER NATIONAL HISTORIC RESERVE Pub. L. 104-333, div. I, title V, §502, Nov. 12, 1996, 110 Stat. 4154, as amended by Pub. L. 106-176, title I, §107, Mar. 10, 2000, 114 Stat. 26; Pub. L. 107-342, §1, Dec. 17, 2002, 116 Stat. 2891, established Vancouver National Historic Reserve, Washington, directed that Reserve be administered through general management plan submitted by National Park Service to Secretary of the Interior within 3 years after Nov. 12, 1996, developed by partnership of interests including National Park Service, Historic Preservation Office of State of Washington, Department of the Army, and City of Vancouver, Washington, and to include specific findings of Vancouver Historic Reserve Report and to meet with approval of Secretary of the Interior and Secretary of the Army, directed that plan not be deemed new unit of National Park System and not limit authority of Federal Aviation Administration, and authorized appropriations. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY Pub. L. 104-333, div. I, title V, §510, Nov. 12, 1996, 110 Stat. 4158, as amended by Pub. L. 106-176, title I, §110, Mar. 10, 2000, 114 Stat. 26, established Great Falls Historic District in Paterson, New Jersey, and included statement of purposes, definitions, development plan, and provisions relating to cooperative agreements and applications for restoration, preservation and interpretation of properties, and authorization of appropriations. ALEUTIAN WORLD WAR II NATIONAL HISTORIC AREA Pub. L. 104-333, div. I, title V, §513, Nov. 12, 1996, 110 Stat. 4165, as amended by Pub. L. 106-176, title I, §113, Mar. 10, 2000, 114 Stat. 27, cited as "Aleutian World War II National Historic Areas Act of 1996", designated and preserved Aleutian World War II National Historic Area within lands owned by Ounalaska Corporation on Island of Amaknak, Alaska, set boundaries of Historic Area, set terms, conditions, and limitations, and authorized Secretary of the Interior to award grants and provide technical assistance to Ounalaska Corporation and City of Unalaska. MAINE ACADIAN CULTURE PRESERVATION ACT Pub. L. 101-543, Nov. 8, 1990, 104 Stat. 2389, established Maine Acadian Culture Preservation Commission, prescribed duties of Commission, required Secretary of the Interior within 1 year to prepare and transmit to Congress a comprehensive study of Acadian culture in Maine, authorized cooperative agreements and establishment of Acadian Culture Center, and authorized appropriations. SOUTHWESTERN PENNSYLVANIA HERITAGE PRESERVATION COMMISSION Pub. L. 100-698, §1, title I, §§101-105, Nov. 19, 1988, 102 Stat. 4618, as amended by Pub. L. 104-333, div. I, title VIII, §814(d)(1)(L), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 106-291, title I, §148, Oct. 11, 2000,[Release Point 118-106]
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114 Stat. 956, provided for the establishment and staffing of the Southwestern Pennsylvania Heritage Preservation Commission and set forth its powers and functions as a means for recognizing, preserving, promoting, and interpreting the cultural heritage of the 9-county region in southwestern Pennsylvania associated with the three basic industries of iron and steel, coal, and transportation. HISTORIC RESOURCES OF CAMDEN, SOUTH CAROLINA Pub. L. 97-184, May 24, 1982, 96 Stat. 99, provided: "That (a) in order to assist in the preservation of the nationally significant historic resources associated with the town of Camden, South Carolina, a key location in the development of South Carolina and in military operations in the South during the American Revolution, the Secretary of the Interior is authorized, in accordance with subsection 2(e) of the Act of August 21, 1935 (49 Stat. 666) [see 54 U. S. C. 320301(f)], to enter into a cooperative agreement or agreements with the Camden Historical Commission, the Camden District Heritage Foundation, or other appropriate public, governmental, or private nonprofit entities pursuant to which the Secretary may assist in the protection, restoration, and interpretation of such resources for the benefit of the public. "(b) Beginning October 1, 1982, there are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [this note], but not to exceed $250,000. " SAINT PAUL'S CHURCH, EASTCHESTER Pub. L. 95-625, title V, §504, Nov. 10, 1978, 92 Stat. 3498, provided: "(a) [Acquisition of property] In order to preserve and protect Saint Paul's Church, Eastchester, in Mount Vernon, New York, for the benefit of present and future generations, the Secretary may accept any gift or bequest of any property or structure which comprises such church and any other real or personal property located within the square bounded by South Columbus Avenue, South Third Avenue, Edison Avenue, and South Fulton Avenue, in Mount Vernon, New York, including the cemetery located within such square and any real property located within such square which was at any time a part of the old village green, now in Mount Vernon, New York. "(b) [Administration; repairs; cooperative agreements: management protection, development and interpretation] Any property acquired under subsection (a) shall be administered by the Secretary acting through the National Park Service, in accordance with this section and provisions of law generally applicable to units of the National Park System, including the Act approved August 25, 1916 ([former] 16 U. S. C. 1 and following) [see 18 U. S. C. 1865(a), 54 U. S. C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101] and the Act approved August 21, 1935 [see 18 U. S. C. 1866(a), 54 U. S. C. 102303, 102304, 320101 et seq. ]. The Secretary, in carrying out the provisions of such Acts (i) shall give particular attention to assuring the completion of such structural and other repairs as he considers necessary to restore and preserve any property acquired in accordance with this section, and (ii) may enter into cooperative agreements with other public or private entities for the management, protection, development, and interpretation, in whole or in part, of the property so acquired. " EBEY'S LANDING NATIONAL HISTORICAL RESERVE Pub. L. 95-625, title V, §508, Nov. 10, 1978, 92 Stat. 3507, as amended Pub. L. 96-87, title IV, §401(k), Oct. 12, 1979, 93 Stat. 666; Pub. L. 118-42, div. E, title I, §125, Mar. 9, 2024, 138 Stat. 250, provided: "(a) [Establishment, area of reserve] There is hereby established the Ebey's Landing National Historical Reserve (hereinafter referred to as the 'reserve'), in order to preserve and protect a rural community which provides an unbroken historical record from nineteenth century exploration and settlement in Puget Sound to the present time, and to commemorate— "(1) the first thorough exploration of the Puget Sound area, by Captain George Vancouver, in 1792; "(2) settlement by Colonel Isaac Neff Ebey who led the first permanent settlers to Whidbey Island, quickly became an important figure in Washington Territory, and ultimately was killed by Haidahs from the Queen Charlotte Islands during a period of Indian unrest in 1857; "(3) early active settlement during the years of the Donation Land Law (1850-1855) [Sept. 27, 1850, ch. 76, 9 Stat. 496, Feb. 14, 1853, ch. 69, 10 Stat. 158, July 17, 1854, ch. 84, 10 Stat. 305] and thereafter; and "(4) the growth since 1883 of the historic town of Coupeville. The reserve shall include the area of approximately eight thousand acres identified as the Central Whidbey Island Historic District. "(b) [Comprehensive plan; transmittal to Congress] (1) To achieve the purpose of this section, the Secretary, in cooperation with the appropriate State and local units of general government, shall formulate a comprehensive plan for the protection, preservation, and interpretation of the reserve. The plan shall identify those areas or zones within the reserve which would most appropriately be devoted to—[Release Point 118-106]
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"(A) public use and development; "(B) historic and natural preservation; and "(C) private use subject to appropriate local zoning ordinances designed to protect the historical rural setting. "(2) Within eighteen months following the date of enactment of this section [Nov. 10, 1978], the Secretary shall transmit the plan to the President of the Senate and the Speaker of the House of Representatives. "(c) [Cooperative agreement; land use controls; transfer of management and administration; assistance; grants, limitation of amount] At such time as the State or appropriate units of local government having jurisdiction over land use within the reserve have enacted such zoning ordinances or other land use controls which in the judgment of the Secretary will protect and preserve the historic and natural features of the area in accordance with the comprehensive plan, the Secretary may, pursuant to cooperative agreement— "(1) transfer management and administration over all or any part of the property acquired under subsection (d) of this section to the State or appropriate units of local government; "(2) provide technical assistance to such State or unit of local government in the management, protection, and interpretation of the reserve; and "(3) make periodic grants, which shall be supplemental to any other funds to which the grantee may be entitled under any other provision of law, to such State or local unit of government for the annual costs of operation and maintenance, including but not limited to, salaries of personnel and the protection, preservation, and rehabilitation of the reserve except that no such grant may exceed 50 per centum of the estimated annual cost, as determined by the Secretary, of such operation and maintenance. "(d) [Acquisition of property; administration by Secretary] The Secretary is authorized to acquire such lands and interests as he determines are necessary to accomplish the purposes of this section by donation, purchase with donated or appropriated funds, or exchange, except that the Secretary may not acquire the fee simple title to any land without the consent of the owner. The Secretary shall, in addition, give prompt and careful consideration to any offer made by an individual owning property within the historic district to sell such property, if such individual notifies the Secretary that the continued ownership of such property is causing, or would result in, undue hardship. "Lands and interests therein so acquired shall, so long as responsibility for management and administration remains with the United States, be administered by the Secretary subject to the provisions of the Act of August 25, 1916 (39 Stat. 535) [see 18 U. S. C. 1865(a), 54 U. S. C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101], as amended and supplemented, and in a manner consistent with the purpose of this section. "(e) [Management inconsistencies; notification; modifications; withdrawal; management by Secretary] If, after the transfer of management and administration of any lands pursuant to subsection (c) of this section, the Secretary determines that the reserve is not being managed in a manner consistent with the purposes of this section, he shall so notify the appropriate officers of the State or local unit of government to which such transfer was made and provide for a ninety-day period in which the transferee may make such modifications in applicable laws, ordinances, rules, and procedures as will be consistent with such purposes. If, upon the expiration of such ninety-day period, the Secretary determines that such modifications have not been made or are inadequate, he shall withdraw the management and administration from the transferee and he shall manage such lands in accordance with the provisions of this section. "(f) [Authorization of appropriations] There is hereby authorized to be appropriated $18,000,000 to carry out the provisions of this section. " EXECUTIVE DOCUMENTS PROC. NO. 3339. ESTABLISHMENT OF KEY LARGO CORAL REEF PRESERVE Proc. No. 3339, Mar. 15, 1960, 25 F. R. 2352, provided: WHEREAS there is situated seaward from the coast of Key Largo, Florida, an undersea coral reef formation which is part of the only living coral reef formation along the coast of North America; and WHEREAS this unique coral formation and its associated marine life are of great scientific interest and value to students of the sea; and WHEREAS this coral reef is considered to be one of the most beautiful formations of its kind in the world; and WHEREAS the reef is being subjected to commercial exploitation and is in danger of destruction; and WHEREAS it is in the public interest to preserve this formation of great scientific and esthetic importance for the benefit and enjoyment of the people; and WHEREAS a portion of this reef lies inside the three-mile limit in the area relinquished to the State of[Release Point 118-106]
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Florida by the United States through the Submerged Lands Act, approved May 22, 1953 (67 Stat. 29; 43 U. S. C. 1301 et seq. ), and the remainder lies on the sea bed of the outer Continental Shelf outside the seaward boundary of the State of Florida and appertains to the United States, as declared by the Outer Continental Shelf Lands Act, approved August 7, 1953 (67 Stat. 462; 43 U. S. C. 1331 et seq. ); and WHEREAS the United States and the State of Florida are desirous of cooperating for the purpose of preserving the scenic and scientific values of this area unimpaired for the benefit of future generations; and WHEREAS by the terms of the Outer Continental Shelf Lands Act the United States has jurisdiction over the lands of the outer Continental Shelf and has the exclusive right to dispose of the natural resources of the sea bed and subsoil thereof; and WHEREAS section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of section 1341 of Title 43, Public Lands] authorizes the President to withdraw from disposition any of the unleased lands of the outer Continental Shelf; and WHEREAS section 5 of the Outer Continental Shelf Lands Act [section 1334 of Title 43] authorizes the Secretary of the Interior to prescribe rules and regulations for the conservation of the natural resources of the outer Continental Shelf and to cooperate with the conservation agencies of adjacent States in the enforcement of conservation laws, rules, and regulations: NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes of the United States, particularly section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of section 1341 of Title 43], do proclaim that, subject to valid existing rights, the following-described area is designated as the Key Largo Coral Reef Preserve, and so much thereof as lies on the outer Continental Shelf is withdrawn from disposition: That portion of the outer Continental Shelf situated seaward of a line three geographic miles from Key Largo, Monroe County, Florida, lying and being within the following described area: Beginning at a point on the 60-foot depth curve (10-fathom line) as delineated on Coast and Geodetic Survey Chart 1249 (approximate Latitude 25°1736 N., Longitude 80°1000 W. ), 200 yards southeast of Flashing White Light—Whistle Buoy "2"; thence northwesterly approximately 7,000 yards through Whistle Buoy "2" to Can Buoy "21" (approximate Latitude 25°2006 N., Longitude 80°1236 W. ) southeast of Old Rhodes Key; thence southwesterly about 6,900 yards to Can Buoy "25"; thence southwesterly approximately 5,500 yards to Can Buoy "27"; thence southwesterly approximately 5,000 yards to Flashing Green Light "31BH" in Hawk Channel southeast of Point Elizabeth; thence southwesterly approximately 10,650 yards to Black Day Beacon "33" in Hawk Channel east of Point Willie; thence southwesterly approximately 9,800 yards to Flashing White Light "35" on Mosquito Bank east of Point Charles; thence southwesterly approximately 5,400 yards to Black Day Beacon "37" (approximate Latitude 25°0225 N., Longitude 80°2536 W. ), southeast of Rodriguez Key; thence southeasterly approximately 7,100 yards (pass 600 yards southwest of Flashing Light "2" at Molasses Reef) to the 60-foot depth curve (10-fathom line) 800 yards due south of said light at Molasses Reef (approximate Latitude 25°0018 N., Longitude 80°2230 W. ); thence northeasterly with the 60-foot depth curve and 10-fathom line (passing easterly of French Reef, Dixie Shoal, The Elbow, and Carysfort Reef) approximately 21 miles to the point of beginning. I call upon all persons to join in the effort to protect and preserve this natural wonder for the benefit of future generations. The Secretary of the Interior is requested to prescribe rules and regulations governing the protection and conservation of the coral and other mineral resources in this area and to cooperate with the State of Florida and its conservation agencies in the preservation of the reef. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this fifteenth day of March in the year of our Lord nineteen hundred and sixty, and of the Independence of the United States of America the one hundred and eighty-fourth. [SEAL] DWIGHT D. EISENHOWER.        §320102. Powers and duties of Secretary (a). —The Secretary, acting through the Director, for the purpose of effectuating IN GENERAL the policy expressed in section 320101 of this title, has the powers and shall perform the duties set out in this section. [Release Point 118-106]
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(b). —The Secretary shall secure, collate, and preserve drawings, PRESERVATION OF DATA plans, photographs, and other data of historic and archeologic sites, buildings, and objects. (c). —The Secretary shall make a survey of historic and archeologic sites, buildings, and SURVEY objects for the purpose of determining which possess exceptional value as commemorating or illustrating the history of the United States. (d). —The Secretary shall make necessary INVESTIGATIONS AND RESEARCHES investigations and researches in the United States relating to particular sites, buildings, and objects to obtain accurate historical and archeological facts and information concerning the sites, buildings, and objects. (e). —The Secretary may, for the purpose of this chapter, acquire ACQUISITION OF PROPERTY in the name of the United States by gift, purchase, or otherwise any property, personal or real, or any interest or estate in property, title to any real property to be satisfactory to the Secretary. Property that is owned by any religious or educational institution or that is owned or administered for the benefit of the public shall not be acquired without the consent of the owner. No property shall be acquired or contract or agreement for the acquisition of the property made that will obligate the general fund of the Treasury for the payment of the property, unless Congress has appropriated money that is available for that purpose. (f). —The Secretary may contract and CONTRACTS AND COOPERATIVE AGREEMENTS make cooperative agreements with States, municipal subdivisions, corporations, associations, or individuals, with proper bond where considered advisable, to protect, preserve, maintain, or operate any historic or archeologic building, site, or object, or property used in connection with the building, site, or object, for public use, regardless whether the title to the building, site, object, or property is in the United States. No contract or cooperative agreement shall be made or entered into that will obligate the general fund of the Treasury unless or until Congress has appropriated money for that purpose. (g). —The Secretary PROTECTION OF SITES, BUILDINGS, OBJECTS, AND PROPERTY shall restore, reconstruct, rehabilitate, preserve, and maintain historic or prehistoric sites, buildings, objects, and property of national historical or archeological significance and where considered desirable establish and maintain museums in connection with the sites, buildings, objects, and property. (h). —The Secretary TABLETS TO MARK OR COMMEMORATE PLACES AND EVENTS shall erect and maintain tablets to mark or commemorate historic or prehistoric places and events of national historical or archeological significance. (i). —The Secretary may operate and manage historic OPERATION FOR BENEFIT OF PUBLIC and archeologic sites, buildings, and property acquired under this chapter together with land and subordinate buildings for the benefit of the public and may charge reasonable visitation fees and grant concessions, leases, or permits for the use of land, building space, roads, or trails when necessary or desirable either to accommodate the public or to facilitate administration. The Secretary may grant those concessions, leases, or permits and enter into contracts relating to the contracts, leases, or permits with responsible persons, firms, or corporations without advertising and without securing competitive bids. (j). —When the Secretary determines that it would CORPORATION TO CARRY OUT DUTIES be administratively burdensome to restore, reconstruct, operate, or maintain any particular historic or archeologic site, building, or property donated to the United States through the Service, the Secretary may cause the restoration, reconstruction, operation, or maintenance to be done by organizing a corporation for that purpose under the laws of the District of Columbia or any State. (k). —The Secretary shall develop an educational EDUCATIONAL PROGRAM AND SERVICE program and service for the purpose of making available to the public information pertaining to American historic and archeologic sites, buildings, and properties of national significance. Reasonable charges may be made for the dissemination of any such information. (l). —The ACTIONS AND REGULATIONS NECESSARY TO CARRY OUT CHAPTER Secretary shall perform any and all acts and make regulations not inconsistent with this chapter that may be necessary and proper to carry out this chapter. [Release Point 118-106]
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(Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3257. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 320102 16 U. S. C. 462(a) through (k) (1st sentence). Aug. 21, 1935, ch. 593, §2(a) through (k) (1st sentence), 49 Stat. 666; Pub. L. 89-249, §8, Oct. 9, 1965, 79 Stat. 971. STATUTORY NOTES AND RELATED SUBSIDIARIES NATIONAL HISTORIC SITE SUPPORT FACILITY IMPROVEMENTS Pub. L. 113-291, div. B, title XXX, §3053, Dec. 19, 2014, 128 Stat. 3806, provided that: "(a). —The Secretary of the Interior, acting through the Director of the National Park IMPROVEMENT Service (referred to in this section as the 'Secretary'), may make improvements to a support facility, including a visitor center, for a National Historic Site operated by the National Park Service if the project— "(1) is conducted using amounts included in the budget of the National Park Service in effect on the date on which the project is authorized; "(2) is subject to a 50 percent non-Federal cost-sharing requirement; and "(3) is conducted in an area in which the National Park Service was authorized by law in effect before the date of enactment of this Act [Dec. 19, 2014] to establish a support facility. "(b). —The Secretary may operate and use all or part of a support facility, OPERATION AND USE including a visitor center, for a National Historic Site operated by the National Park Service— "(1) to carry out duties associated with operating and supporting the National Historic Site; and "(2) only in accordance with an agreement between the Secretary and the unit of local government in which the support facility is located. " FINANCIAL ASSISTANCE FOR MAINTENANCE AND PROTECTION OF FOLGER LIBRARY AND CORCORAN GALLERY OF ART; LIMITATION ON CONTRACT AUTHORITY Pub. L. 96-344, §1, Sept. 8, 1980, 94 Stat. 1133, provided: "That (a) in furtherance of the purposes of subsection 2(e) of the Act of August 21, 1935 (49 Stat. 666) [see 54 U. S. C. 320102(f)], the Secretary of the Interior may provide financial assistance for the maintenance and protection of the Folger Library and the Corcoran Gallery of Art. "(b) Authority to enter into contracts or cooperative agreements, to incur obligations, or to make payments under this Act [Pub. L. 96-344, Sept. 8, 1980, 94 Stat. 1133] shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts. " §320103. Cooperation with governmental and private agencies and individuals (a). —The Secretary may cooperate with and may seek and AUTHORIZATION OF SECRETARY accept the assistance of any Federal, State, or local agency, educational or scientific institution, patriotic association, or individual. (b). —When the Secretary considers it necessary, the TECHNICAL ADVISORY COMMITTEES Secretary may establish technical advisory committees to act in an advisory capacity in connection with the restoration or reconstruction of any historic or prehistoric building or other structure. (c). —The Secretary may employ professional and technical EMPLOYMENT OF ASSISTANCE assistance and establish service as may be required to accomplish the purposes of this chapter and for which money may be appropriated by Congress or made available by gifts for those purposes. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3259. ) HISTORICAL AND REVISION NOTES Revised[Release Point 118-106]
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Section Source (U. S. Code) Source (Statutes at Large) 320103 16 U. S. C. 464. Aug. 21, 1935, ch. 593, §4, 49 Stat. 668. §320104. Jurisdiction of States in acquired land Nothing in this chapter shall be held to deprive any State, or political subdivision of a State, of its civil and criminal jurisdiction in and over land acquired by the United States under this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3259. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 320104 16 U. S. C. 465. Aug. 21, 1935, ch. 593, §5, 49 Stat. 668. §320105. Criminal penalties Criminal penalties for a violation of a regulation authorized by this chapter are provided by section 1866 of title 18. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3259. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 320105 no source. The section is added for informational purposes. §320106. Limitation on obligation or expenditure of appropriated amounts Notwithstanding any other provision of law, no funds appropriated or otherwise made available to the Secretary to carry out subsection (f) or (g) of section 320102 of this title may be obligated or expended— (1) unless the appropriation of the funds has been specifically authorized by law enacted on or after October 30, 1992; or (2) in excess of the amount prescribed by law enacted on or after October 30, 1992. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3259. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 320106 16 U. S. C. 466(a). Aug. 21, 1935, ch. 593, §6(a), 49 Stat. 668; Pub. L. 102-575, title XL, §4023, Oct. 30, 1992, 106 Stat. 4768. The words "Except as provided in subsection (b) of this section" are omitted as obsolete. [Release Point 118-106]
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Regulations. 320303. Permits. 320302. National monuments. 320301. Sec. CHAPTER 3203—MONUMENTS, RUINS, SITES, AND OBJECTS OF ANTIQUITY          §320301. National monuments (a). —The President may, in the President's discretion, declare PRESIDENTIAL DECLARATION by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the Federal Government to be national monuments. (b). —The President may reserve parcels of land as a part of the RESERVATION OF LAND national monuments. The limits of the parcels shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. (c). —When an object is situated on a RELINQUISHMENT TO FEDERAL GOVERNMENT parcel covered by a bona fide unperfected claim or held in private ownership, the parcel, or so much of the parcel as may be necessary for the proper care and management of the object, may be relinquished to the Federal Government and the Secretary may accept the relinquishment of the parcel on behalf of the Federal Government. (d) LIMITATION ON EXTENSION OR ESTABLISHMENT OF NATIONAL MONUMENTS. —No extension or establishment of national monuments in Wyoming may be IN WYOMING undertaken except by express authorization of Congress. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3259. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 320301(a) through (c)16 U. S. C. 431. June 8, 1906, ch. 3060, §2, 34 Stat. 225. 320301(d) 16 U. S. C. 431a. Sept. 14, 1950, ch. 950, §1 (proviso relating to national monuments), 64 Stat. 849. In subsection (c), the word "parcel" is substituted for "tract" for consistency in this section. In subsection (d), the word "further" is omitted as obsolete. STATUTORY NOTES AND RELATED SUBSIDIARIES NATIONAL MONUMENTS ESTABLISHED UNDER PRESIDENTIAL PROCLAMATION   Ackia Battleground National Monument, Mississippi [see section 450r of Title 16, Conservation]. —Proc. No. 2307, Oct. 25, 1938, 53 Stat. 2494. Admiralty Island National Monument, Alaska [Monument established within Tongass National Forest by Pub. L. 96-487, title V, §503(b), Dec. 2, 1980, 94 Stat. 2399; Pub. L. 104-123, Apr. 1, 1996, 110 Stat. 879; Pub. L. 105-60, Oct. 10, 1997, 111 Stat. 1269]. —Proc. No. 4611, Dec. 1, 1978, 93 Stat. 1446. African Burial Ground National Monument, New York. —Proc. No. 7984, Feb. 27, 2006, 71 F. R. 10793. Agua Fria National Monument, Arizona. —Proc. No. 7263, Jan. 11, 2000, 65 F. R. 2817. [Release Point 118-106]
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Andrew Johnson National Monument, Tennessee [Monument redesignated Andrew Johnson National Historical Site, see section 450 of Title 16, Conservation]. —Proc. No. 2554, Apr. 27,o 1942, 56 Stat. 1955. Aniakchak National Monument, Alaska [Monument established as unit of National Park System, see section 410hh(1) of Title 16, Conservation]. —Proc. No. 4612, Dec. 1, 1978, 93 Stat. 1448. Arches National Monument, Utah [Monument abolished and funds made available to Arches National Park, see section 272 of Title 16, Conservation]. —Proc. No. 1875, Apr. 12, 1929, 46 Stat. 2988; Proc. No. 2312, Nov. 25, 1938, 53 Stat. 2504; Proc. No. 3360, July 22, 1960, 74 Stat. 79; Proc. No. 3887, Jan. 20, 1969, 83 Stat. 920. C Avi Kwa Ame National Monument, Nevada. —Proc. No. 10533, Mar. 21, 2023, 88 F. R. 17987; Ex. Ord. No. 14109, §1(ii), Sept. 29, 2023, 88 F. R. 68448. Aztec Ruins National Monument, New Mexico. —Proc. No. 1650, Jan. 24, 1923, 42 Stat. 2295; Proc. No. 1840, July 2, 1928, 45 Stat. 2954; Proc. No. 1928, Dec. 19, 1930, 46 Stat. 3040; Proc. No. 2787, May 27, 1948, 62 Stat. 1513; Pub. L. 100-559, title VI, §§601-604, Oct. 28, 1988, 102 Stat. 2800. Baaj Nwaavjo I'tah Kukveni—Ancestral Footprints of the Grand Canyon National Monument, Arizona. —Proc. No. 10606, Aug. 8, 2023, 88 F. R. 55331; Ex. Ord. No. 14109, §1(jj), Sept. 29, 2023, 88 F. R. 68448. Badlands National Monument, South Dakota [Monument redesignated Badlands National Park, see section 441e-1 of Title 16, Conservation]. —Proc. No. 2320, Jan. 25, 1939, 53 Stat. 2521. Bandelier National Monument, New Mexico. —Proc. No. 1322, Feb. 11, 1916, 39 Stat. 1764; Proc. No. 1991, Feb. 25, 1932, 47 Stat. 2503; Proc. No. 3388, Jan. 9, 1961, 75 Stat. 1014; Proc. No. 3539, May 27, 1963, 77 Stat. 1006; Pub. L. 94-578, title III, §309, Oct. 21, 1976, 90 Stat. 2736; Pub. L. 105-85, div. C, title XXXI, §3164, Nov. 18, 1997, 111 Stat. 2050; Pub. L. 105-376, Nov. 12, 1998, 112 Stat. 3388. Basin and Range National Monument, Nevada. —Proc. No. 9297, July 10, 2015, 80 F. R. 41969. Bears Ears National Monument, Utah. —Proc. No. 9558, Dec. 28, 2016, 82 F. R. 1139; Ex. Ord. No. 13811, §1(dd), Sept. 29, 2017, 82 F. R. 46364; Proc. No. 9681, Dec. 4, 2017, 82 F. R. 58081; Ex. Ord. No. 13889, §1(aa), Sept. 27, 2019, 84 F. R. 52744; Ex. Ord. No. 14048, §1(aa), Sept. 30, 2021, 86 F. R. 55466; Proc. No. 10285, Oct. 8, 2021, 86 F. R. 57321; Ex. Ord. No. 14109, §1(gg), Sept. 29, 2023, 88 F. R. 68448. Becharof National Monument, Alaska. —Proc. No. 4613, Dec. 1, 1978, 93 Stat. 1450. Belmont-Paul Women's Equality National Monument, District of Columbia. —Proc. No. 9423, Apr. 12, 2016, 81 F. R. 22505. Bering Land Bridge National Monument, Alaska. —Proc. No. 4614, Dec. 1, 1978, 93 Stat. 1451. Berryessa Snow Mountain National Monument, California. —Proc. No. 9298, July 10, 2015, 80 F. R. 41975. Big Hole Battlefield National Monument, Montana [Monument redesignated Big Hole National Battlefield, see section 430uu of Title 16, Conservation]. —Ex. Ord. No. 1216, June 23, 1910; Proc. No. 2339, June 29, 1939, 53 Stat. 2544. Birmingham Civil Rights National Monument, Alabama. —Proc. No. 9565, Jan. 12, 2017, 82 F. R. 6151. Black Canyon of the Gunnison National Monument, Colorado [Monument abolished and lands incorporated in, and funds made available for, Black Canyon of the Gunnison National Park, see section 410fff-2 of Title 16, Conservation]. —Proc. No. 2033, Mar. 2, 1933, 47 Stat. 2558; Proc. No. 2286, May 16, 1938, 52 Stat. 1548; Proc. No. 2372, Oct. 28, 1939, 54 Stat. 2669; Proc. No. 3344, Apr. 8, 1960, 74 Stat. 56; Pub. L. 98-357, July 13, 1984, 98 Stat. 397. C Browns Canyon National Monument, Colorado. —Proc. No. 9232, Feb. 19, 2015, 80 F. R. 9975. Bryce Canyon National Monument, Utah. —Proc. No. 1664, June 8, 1923, 43 Stat. 1914; Proc. No. 1930, Jan. 5, 1931, 46 Stat. 3042; Proc. No. 1952, May 4, 1931, 47 Stat. 2455. Buck Island Reef National Monument, Virgin Islands. —Proc. No. 3443, Dec. 28, 1961, 76 Stat. [Release Point 118-106]
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1441; Proc. No. 4346, Feb. 1, 1975, 89 Stat. 1237; Proc. No. 4359, Mar. 28, 1975, 89 Stat. 1254; Proc. No. 7392, Jan. 17, 2001, 66 F. R. 7335. Cabrillo National Monument, California. —Proc. No. 1255, Oct. 14, 1913, 38 Stat. 1965; Proc. No. 3273, Feb. 2, 1959, 73 Stat. 19; Proc. No. 4319, Sept. 28, 1974, 88 Stat. 2514. C California Coastal National Monument, California. —Proc. No. 7264, Jan. 11, 2000, 65 F. R. 2821; Proc. No. 9089, Mar. 11, 2014, 79 F. R. 14603; Proc. No. 9563, Jan. 12, 2017, 82 F. R. 6131. Camp Hale-Continental Divide National Monument, Colorado. —Proc. No. 10476, Oct. 12, 2022, 87 F. R. 63381. Camp Nelson National Monument, Kentucky. —Proc. No. 9811, Oct. 26, 2018, 83 F. R. 54845. Canyon De Chelly National Monument, Arizona [see section 445 of Title 16, Conservation]. —Proc. No. 1945, Apr. 1, 1931, 47 Stat. 2448; Proc. No. 2036, Mar. 3, 1933, 47 Stat. 2562. Canyons of the Ancients National Monument, Colorado. —Proc. No. 7317, June 9, 2000, 65 F. R. 37243. Cape Krusenstern National Monument, Alaska [Monument established as unit of National Park System, see section 410hh(3) of Title 16, Conservation]. —Proc. No. 4615, Dec. 1, 1978, 93 Stat. 1453. Capitol Reef National Monument, Utah [Monument abolished and funds made available to Capitol Reef National Park, see section 273 of Title 16, Conservation]. —Proc. No. 2246, Aug. 2, 1937, 50 Stat. 1856; Proc. No. 3249, July 2, 1958, 72 Stat. 48; Proc. No. 3888, Jan. 20, 1969, 83 Stat. C 922. Capulin Mountain National Monument, New Mexico [Monument redesignated Capulin Volcano National Monument by Pub. L. 100-225, title V, §506(g), Dec. 31, 1987, 101 Stat. 1547]. —Proc. No. 1340, Aug. 9, 1916, 39 Stat. 1792. Capulin Volcano National Monument, New Mexico [Monument changed from Capulin Mountain National Monument, see section 460uu-46(g) of Title 16, Conservation]. —Proc. No. 1340, Aug. 9, 1916, 39 Stat. 1792; Pub. L. 87-635, Sept. 5, 1962, 76 Stat. 436; Pub. L. 100-225, title V, §506(g), Dec. 31, 1987, 101 Stat. 1547. Carlsbad Cave National Monument, New Mexico [Monument redesignated Carlsbad Caverns National Park, see section 407 of Title 16, Conservation]. —Proc. No. 1679, Oct. 25, 1923, 43 Stat. 1929. Carrizo Plain National Monument, California. —Proc. No. 7393, Jan. 17, 2001, 66 F. R. 7339. Casa Grande National Monument, Arizona. —Proc. No. 1470, Aug. 3, 1918, 40 Stat. 1818. Cascade-Siskiyou National Monument, Oregon. —Proc. No. 7318, June 9, 2000, 65 F. R. 37249; Pub. L. 111-11, title I, §§1401-1406, Mar. 30, 2009, 123 Stat. 1026-1031; Proc. No. 9564, Jan. 12, 2017, 82 F. R. 6145. Castillo de San Marcos National Monument, Florida [Monument changed from Fort Marion National Monument by act June 5, 1942, ch. 337, 56 Stat. 312]. —Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968; Pub. L. 108-480, Dec. 23, 2004, 118 Stat. 3907. Castle Mountains National Monument, California. —Proc. No. 9394, Feb. 12, 2016, 81 F. R. 8365. Castle Pinckney National Monument, South Carolina. —Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968. Castner Range National Monument, Texas. —Proc No. 10534, Mar. 21, 2023, 88 F. R. 17999. Cedar Breaks National Monument, Utah. —Proc. No. 2054, Aug. 22, 1933, 48 Stat. 1705. César E. Chávez National Monument, California. —Proc. No. 8884, Oct. 8, 2012, 77 F. R. 62413. Chaco Canyon National Monument, New Mexico [Monument abolished and funds made available to Chaco Culture National Historical Park, see section 410ii-1(a) of Title 16, Conservation]. —Proc. No. 740, Mar. 11, 1907, 35 Stat. 2119; Proc. No. 1826, Jan. 10, 1928, 45 Stat. 2937. Channel Islands National Monument, California [Monument abolished and incorporated in Channel Islands National Park, see section 410ff of Title 16, Conservation]. —Proc. No. 2281, Apr. 26, 1938, 52 Stat. 1541; Proc. No. 2825, Feb. 9, 1949, 63 Stat. 1258; Pub. L. 93-477, title IV, §401,[Release Point 118-106]
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Oct. 26, 1974, 88 Stat. 1447; Pub. L. 94-578, title II, §201(9), Oct. 21, 1976, 90 Stat. 2733. Charles Young Buffalo Soldiers National Monument, Ohio. —Proc. No. 8945, Mar. 25, 2013, 78 F. R. 18777. Chesapeake and Ohio Canal National Monument, Maryland. —Proc. No. 3391, Jan. 18, 1961, 75 Stat. 1023. Chimney Rock National Monument, Colorado. —Proc. No. 8868, Sept. 21, 2012, 77 F. R. 59275. Chiricahua National Monument, Arizona. —Proc. No. 1692, Apr. 18, 1924, 43 Stat. 1946; Proc. No. 2288, June 10, 1938, 52 Stat. 1551. Cinder Cone National Monument, California. —Proc. No. 753, May 6, 1907, 35 Stat. 2131. Colonial National Monument, Virginia [Monument redesignated Colonial National Historical Park, see section 81 of Title 16, Conservation]. —Proc. No. 1929, Dec. 30, 1930, 46 Stat. 3041; Proc. No. 2055, Aug. 22, 1933, 48 Stat. 1706. Colorado National Monument, Colorado. —Proc. No. 1126, May 24, 1911, 37 Stat. 1681; Proc. No. 2037, Mar. 3, 1933, 47 Stat. 2563; Proc. No. 3307, Aug. 7, 1959, 73 Stat. 69; Pub. L. 94-578,C title III, §302(a), Oct. 21, 1976, 90 Stat. 2734. Craters of the Moon National Monument, Idaho. —Proc. No. 1694, May 2, 1924, 43 Stat. 1947; Proc. No. 1843, July 23, 1928, 45 Stat. 2959; Proc. No. 1916, July 9, 1930, 46 Stat. 3029; Proc. No. 2499, July 18, 1941, 55 Stat. 1660; Proc. No. 3506, Nov. 19, 1962, 77 Stat. 960; Pub. L. 104-333, div. I, title II, §205, Nov. 12, 1996, 110 Stat. 4106; Proc. No. 7373, Nov. 9, 2000, 65 F. R. 69221; Pub. L. 107-213, §1, Aug. 21, 2002, 116 Stat. 1052. Death Valley National Monument, California and Nevada [Monument abolished and incorporated in Death Valley National Park, see section 410aaa-1 of Title 16, Conservation]. —Proc. No. 2028, Feb. 11, 1933, 47 Stat. 2554; Proc. No. 2228, Mar. 26, 1937, 50 Stat. 1823; Proc. No. 2961, Jan. 17, 1952, 66 Stat. 18; Pub. L. 103-433, title III, §302, Oct. 31, 1994, 108 Stat. 4485. C Denali National Monument, Alaska. —Proc. No. 4616, Dec. 1, 1978, 93 Stat. 1455. Devil Postpile National Monument, California. —Proc. No. 1166, July 6, 1911, 37 Stat. 1715. Devils Tower National Monument, Wyoming. —Proc. No. 658, Sept. 24, 1906, 34 Stat. 3236; act Aug. 9, 1955, ch. 647, 69 Stat. 575. Dinosaur National Monument, Utah-Colorado. —Proc. No. 1313, Oct. 4, 1915, 39 Stat. 1752; Proc. No. 2290, July 14, 1938, 53 Stat. 2454; Pub. L. 100-701, §§2-4, Nov. 19, 1988, 102 Stat. 4641. Edison Laboratory National Monument, New Jersey [Monument and Edison Home National Historic Site together with certain adjacent lands redesignated Edison National Historic Site by Pub. L. 87-628, §1, Sept. 5, 1962, 76 Stat. 428; Pub. L. 87-628 repealed and references to the Edison National Historic Site deemed to refer to the Thomas Edison National Historical Park by Pub. L. 111-11, title VII, §7110(c)(4), (5), Mar. 30, 2009, 123 Stat. 1198, see section 410mmm of Title 16, Conservation]. —Proc. No. 3148, July 14, 1956, 70 Stat. 49. C Effigy Mounds National Monument, Iowa. —Proc. No. 2860, Oct. 25, 1949, 64 Stat. 371; Pub. L. A 106-323, Oct. 19, 2000, 114 Stat. 1289. El Morro National Monument, New Mexico. —Proc. No. 695, Dec. 8, 1906, 34 Stat. 3264; Proc. No. 1377, June 18, 1917, 40 Stat. 1673. Emmett Till and Mamie Till-Mobley National Monument, Illinois and Mississippi. —Proc. No. 10602, July 25, 2023, 88 F. R. 48705. First State National Monument, Delaware [Monument redesignated First State National Historical Park, see section 410rrr of Title 16, Conservation]. —Proc. No. 8944, Mar. 25, 2013, 78 F. R. 18769. Fort Jefferson National Monument, Florida [Monument abolished and incorporated in Dry Tortugas National Park, see section 410xx of Title 16, Conservation]. —Proc. No. 2112, Jan. 4, 1935, 49 Stat. 3430; Pub. L. 96-287, title II, June 28, 1980, 94 Stat. 600; Pub. L. 102-525, title II, §201(c), Oct. 26, 1992, 106 Stat. 3440. Fort Laramie National Monument, Wyoming [Monument redesignated Fort Laramie National Historic Site by Pub. L. 86-444, §3, Apr. 29, 1960, 74 Stat. 84]. —Proc. No. 2292, July 16, 1938,[Release Point 118-106]
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53 Stat. 2461. Fort Marion National Monument, Florida [Monument redesignated Castillo de San Marcos National Monument by act June 5, 1942, ch. 337, 56 Stat. 312]. —Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968. Fort Matanzas National Monument, Florida. —Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968; Proc. No. 2114, Jan. 9, 1935, 49 Stat. 3433; Proc. No. 2773, Mar. 24, 1948, 62 Stat. 1491; Pub. L. 106-524, Nov. 22, 2000, 114 Stat. 2493. Fort Monroe National Monument, Virginia. —Proc. No. 8750, Nov. 1, 2011, 76 F. R. 68625. Fort Niagara National Monument, New York. —Proc. No. 1745, Sept. 5, 1925, 44 Stat. 2582. Fort Ord National Monument, California. —Proc. No. 8803, Apr. 20, 2012, 77 F. R. 24579. Fort Pulaski National Monument, Georgia. —Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968; June 26, 1936, ch. 844, 49 Stat. 1979; Pub. L. 104-333, div. I, title VIII, §807, Nov. 12, 1996, 110 Stat. 4188. Fort Wood National Monument, New York. —Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968. Fossil Cycad National Monument, South Dakota. —Proc. No. 1641, Oct. 21, 1922, 42 Stat. 2286. Freedom Riders National Monument, Alabama. —Proc. No. 9566, Jan. 12, 2017, 82 F. R. 6159. Gates of the Arctic National Monument, Alaska. —Proc. No. 4617, Dec. 1, 1978, 93 Stat. 1457. Giant Sequoia National Monument, California. —Proc. No. 7295, Apr. 15, 2000, 65 F. R. 24095. Gila Cliff-Dwellings National Monument, New Mexico. —Proc. No. 781, Nov. 16, 1907, 35 Stat. 2162; Proc. No. 3467, Apr. 17, 1962, 76 Stat. 1465. Glacier Bay National Monument, Alaska [Monument redesignated Glacier Bay National Park, see section 410hh-1(1) of Title 16, Conservation]. —Proc. No. 1733, Feb. 26, 1925, 43 Stat. 1988; Proc. No. 2330, Apr. 18, 1939, 53 Stat. 2534; Proc. No. 3089, Mar. 31, 1955, 69 Stat. 27; Proc. C No. 4618, Dec. 1, 1978, 93 Stat. 1458. Gold Butte National Monument, Nevada. —Proc. No. 9559, Dec. 28, 2016, 82 F. R. 1149; Ex. Ord. No. 13811, §1(ee), Sept. 29, 2017, 82 F. R. 46364; Ex. Ord. No. 13889, §1(bb), Sept. 27, 2019, 84 F. R. 52744; Ex. Ord. No. 14048, §1(bb), Sept. 30, 2021, 86 F. R. 55466; Ex. Ord. No. 14109, §1(hh), Sept. 29, 2023, 88 F. R. 68448. Governors Island National Monument, New York. —Proc. No. 7402, Jan. 19, 2001, 66 F. R. 7855; Proc. No. 7647, Feb. 7, 2003, 68 F. R. 7053. Gran Quivira National Monument, New Mexico [Monument abolished and funds made available to Salinas National Monument by Pub. L. 96-550, title VI, §601(b), Dec. 19, 1980, 94 Stat. 3231. Salinas National Monument redesignated Salinas Pueblo Missions National Monument by Pub. L. 100-559, title I, §101, Oct. 28, 1988, 102 Stat. 2797]. —Proc. No. 882, Mar. 20, 1909, 36 Stat. 2503; Proc. No. 1545, Nov. 25, 1919, 41 Stat. 1778. Grand Canyon National Monument, Arizona. —Proc. No. 794, Jan. 11, 1908, 35 Stat. 2175; Proc. No. 2022, Dec. 22, 1932, 47 Stat. 2547; Proc. No. 2393, Apr. 4, 1940, 54 Stat. 2692. Grand Canyon-Parashant National Monument, Arizona. —Proc. No. 7265, Jan. 11, 2000, 65 F. R. 2825. Grand Staircase-Escalante National Monument, Utah. —Proc. No. 6920, Sept. 18, 1996, 110 Stat. 4561; Pub. L. 105-335, Oct. 31, 1998, 112 Stat. 3139; Pub. L. 105-355, title II, §201, Nov. 6, 1998, 112 Stat. 3252; Pub. L. 106-176, title III, §307, Mar. 10, 2000, 114 Stat. 33; Proc. No. 9682, Dec. 4, 2017, 82 F. R. 58089; Ex. Ord. No. 13889, §1(cc), Sept. 27, 2019, 84 F. R. 52744; Ex. Ord. No. 14048, §1(y), Sept. 30, 2021, 86 F. R. 55466; Proc. No. 10286, Oct. 8, 2021, 86 F. R. 57335; Ex. Ord. No. 14109, §1(ee), Sept. 29, 2023, 88 F. R. 68448. Great Sand Dunes National Monument, Colorado [Monument abolished and incorporated in Great Sand Dunes National Park, see section 410hhh-2 of Title 16, Conservation]. —Proc. No. 1994, Mar. 17, 1932, 47 Stat. 2506; Proc. No. 2681, Mar. 12, 1946, 60 Stat. 1339; Proc. No. 3138, June 7, 1956, 70 Stat. 31. C Hanford Reach National Monument, Washington. —Proc. No. 7319, June 9, 2000, 65 F. R. 37253. Harriet Tubman—Underground Railroad National Monument, Maryland. —Proc. No. 8943, Mar. [Release Point 118-106]
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25, 2013, 78 F. R. 18763. Holy Cross National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 530, 64 Stat. 404]. —Proc. No. 1877, May 11, 1929, 46 Stat. 2993. Honouliuli National Monument, Hawaii [Monument abolished by Pub. L. 116-9, title II, §2206(d), Mar. 12, 2019, 133 Stat. 741]. —Proc. No. 9234, Feb. 24, 2015, 80 F. R. 11069. Hovenweep National Monument, Colorado-Utah. —Proc. No. 1654, Mar. 2, 1923, 42 Stat. 2299; Proc. No. 2924, Apr. 26, 1951, 65 Stat. 8; Proc. No. 2998, Nov. 20, 1952, 67 Stat. 21; Proc. C C No. 3132, Apr. 6, 1956, 70 Stat. 26. C Ironwood Forest National Monument, Arizona. —Proc. No. 7320, June 9, 2000, 65 F. R. 37259. Jackson Hole National Monument, Wyoming [Monument abolished and incorporated in Grand Teton National Park, see section 406d-1 of Title 16, Conservation]. —Proc. No. 2578, Mar. 15, 1943, 57 Stat. 731. Jewel Cave National Monument, South Dakota. —Proc. No. 799, Feb. 7, 1908, 35 Stat. 2180; Pub. L. 89-250, Oct. 9, 1965, 79 Stat. 971. Joshua Tree National Monument, California [see section 450ii of Title 16, Conservation] [Monument abolished and incorporated in Joshua Tree National Park, see section 410aaa-22 of Title 16, Conservation]. —Proc. No. 2193, Aug. 10, 1936, 50 Stat. 1760; Pub. L. 103-433, title IV, §402, Oct. 31, 1994, 108 Stat. 4488. Kasha-Katuwe Tent Rocks National Monument, New Mexico. —Proc. No. 7394, Jan. 17, 2001, 66 F. R. 7343. Katahdin Woods and Waters National Monument, Maine. —Proc. No. 9476, Aug. 24, 2016, 81 F. R. 59121. Katmai National Monument, Alaska [Monument redesignated Katmai National Park, see section 410hh-1(2) of Title 16, Conservation]. —Proc. No. 1487, Sept. 24, 1918, 40 Stat. 1855; Proc. No. 1950, Apr. 24, 1931, 47 Stat. 2453; Proc. No. 2177, June 15, 1936, 49 Stat. 3523; Proc. No. 2564, Aug. 4, 1942, 56 Stat. 1972; Proc. No. 3890, Jan. 20, 1969, 83 Stat. 926; Proc. No. 4619, Dec. 1, 1978, 93 Stat. 1460. Kenai Fjords National Monument, Alaska. —Proc. No. 4620, Dec. 1, 1978, 93 Stat. 1462. Kobuk Valley National Monument, Alaska. —Proc. No. 4621, Dec. 1, 1978, 93 Stat. 1463. Lake Clark National Monument, Alaska. —Proc. No. 4622, Dec. 1, 1978, 93 Stat. 1465. Lassen Peak National Monument, California. —Proc. No. 754, May 6, 1907, 35 Stat. 2132. Lava Beds National Monument, California. —Proc. No. 1755, Nov. 21, 1925, 44 Stat. 2591; Proc. No. 2925, Apr. 27, 1951, 65 Stat. 9. C Lehman Caves National Monument, Nevada [Monument abolished and lands incorporated in, and funds made available for, Great Basin National Park, see section 410mm(d) of Title 16, Conservation]. —Proc. No. 1618, Jan. 24, 1922, 42 Stat. 2260. Lewis and Clark Cavern National Monument, Montana. —Proc. No. 807, May 11, 1908, 35 Stat. 2187; Proc. No. 1123, May 16, 1911, 37 Stat. 1679. Marble Canyon National Monument, Arizona. —Proc. No. 3889, Jan. 20, 1969, 83 Stat. 924. Marianas Trench Marine National Monument, Northern Mariana Islands and Guam. —Proc. No. 8335, Jan. 6, 2009, 74 F. R. 1557. Meriwether Lewis National Monument, Tennessee [Monument included in Natchez Trace Parkway, see section 460-1 of Title 16, Conservation]. —Proc. No. 1730, Feb. 6, 1925, 43 Stat. 1986; Proc. No. 1825, Dec. 6, 1927, 45 Stat. 2935. Minidoka Internment National Monument, Idaho [Monument abolished and lands incorporated in Minidoka Historic Site by Pub. L. 110-229, title III, §313, May 8, 2008, 122 Stat. 770, as amended by Pub. L. 113-171, §1, Sept. 26, 2014, 128 Stat. 1895]. —Proc. No. 7395, Jan. 17, 2001, 66 F. R. 7347. Misty Fjords National Monument, Alaska [Monument established within Tongass National Forest by Pub. L. 96-487, title V, §503(a), Dec. 2, 1980, 94 Stat. 2399]. —Proc. No. 4623, Dec. 1, 1978, 93 Stat. 1466. [Release Point 118-106]
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Mojave Trails National Monument, California. —Proc. No. 9395, Feb. 12, 2016, 81 F. R. 8371. Montezuma Castle National Monument, Arizona. —Proc. No. 696, Dec. 8, 1906, 34 Stat. 3265; Proc. No. 2226, Feb. 23, 1937, 50 Stat. 1817; Pub. L. 108-190, Dec. 19, 2003, 117 Stat. 2867. Mound City Group National Monument, Ohio [Monument redesignated Hopewell Culture National Historic Park, see section 410uu of Title 16, Conservation]. —Proc. No. 1653, Mar. 2, 1923, 42 Stat. 2298; Pub. L. 96-607, title VII, §701, Dec. 28, 1980, 94 Stat. 3540. Mount Olympus National Monument, Washington [Monument abolished and lands incorporated in Mount Olympus National Park, see section 251 of Title 16, Conservation]. —Proc. No. 869, Mar. 2, 1909, 35 Stat. 2247; Proc. No. 1191, Apr. 17, 1912, 37 Stat. 1737; Proc. No. 1293, May 11, 1915, 39 Stat. 1726; Proc. No. 1862, Jan. 7, 1929, 45 Stat. 2984. Muir Woods National Monument, California. —Proc. No. 793, Jan. 9, 1908, 35 Stat. 2174; Proc. No. 1608, Sept. 22, 1921, 42 Stat. 2249; Proc. No. 2122, Apr. 5, 1935, 49 Stat. 3443; Proc. No. 2932, June 26, 1951, 65 Stat. 20; Proc. No. 3311, Sept. 8, 1959, 73 Stat. 76. C C Mukuntuweap National Monument, Utah [Monument redesignated Zion National Monument by Proc. No. 1435, Mar. 18, 1918, 40 Stat. 1760, and later redesignated Zion National Park, see section 344 of Title 16, Conservation]. —Proc. No. 877, July 31, 1909, 36 Stat. 2498. Natural Bridges National Monument, Utah. —Proc. No. 804, Apr. 16, 1908, 35 Stat. 2183; Proc. No. 881, Sept. 25, 1909, 36 Stat. 2502; Proc. No. 1323, Feb. 11, 1916, 39 Stat. 1764; Proc. No. 3486, Aug. 14, 1962, 76 Stat. 1495. Navajo National Monument, Arizona. —Proc. No. 873, Mar. 20, 1909, 36 Stat. 2491; Proc. No. 1186, Mar. 14, 1912, 37 Stat. 1733. Noatak National Monument, Alaska. —Proc. No. 4624, Dec. 1, 1978, 93 Stat. 1468. Northeast Canyons and Seamounts Marine National Monument, Atlantic Ocean. —Proc. No. 9496, Sept. 15, 2016, 81 F. R. 65161; Proc. No. 10049, June 5, 2020, 85 F. R. 35793; Proc. No. 10287, Oct. 8, 2021, 86 F. R. 57349. Northwestern Hawaiian Islands Marine National Monument, Hawaii [Monument redesignated Papahnaumokukea Marine National Monument by Proc. No. 8112, Feb. 28, 2007, 72 F. R. 10031]. —Proc. No. 8031, June 15, 2006, 71 F. R. 36443. Ocmulgee National Monument, Georgia [Monument redesignated Ocmulgee Mounds National Historical Park, see section 410yyy-3(b)(1) of Title 16, Conservation]. —Proc. No. 2212, Dec. 23, 1936, 50 Stat. 1798; Proc. No. 2493, June 13, 1941, 55 Stat. 1654; Pub. L. 102-67, July 9, 1991, 105 Stat. 325. Old Kasaan National Monument, Alaska [Monument abolished and incorporated in Tongass National Forest by act July 26, 1955, ch. 387, 69 Stat. 380]. —Proc. No. 1351, Oct. 25, 1916, 39 Stat. 1812. Oregon Caves National Monument, Oregon [Monument and land designated as National Preserve to be administered as single unit of National Park System and designated as Oregon Caves National Monument and Preserve, see section 410vvv of Title 16, Conservation]. —Proc. No. 876, July 12, 1909, 36 Stat. 2497. Organ Mountains-Desert Peaks National Monument, New Mexico. —Proc. No. 9131, May 21, 2014, 79 F. R. 30431; Pub. L. 116-9, title I, §1201(a), (d), Mar. 12, 2019, 133 Stat. 642, 649. Organ Pipe Cactus National Monument, Arizona. —Proc. No. 2232, Apr. 13, 1937, 50 Stat. 1827; Pub. L. 108-64, July 29, 2003, 117 Stat. 874. Pacific Remote Islands Marine National Monument, Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll. —Proc. No. 8336, Jan. 6, 2009, 74 F. R. 1565. Pacific Remote Islands Marine National Monument Expansion, Wake and Jarvis Islands, Johnston Atoll. —Proc. No. 9173, Sept. 25, 2014, 79 F. R. 58645. Papago Saguaro National Monument, Arizona [Monument abolished by act Apr. 7, 1930, ch. 107, 46 Stat. 142, as amended by Pub. L. 109-163, div. B, title XXVIII, §2873, Jan. 6, 2006, 119 Stat. 3535]. —Proc. No. 1262, Jan. 31, 1914, 38 Stat. 1991. Papahnaumokukea Marine National Monument, Hawaii [Monument changed from Northwestern[Release Point 118-106]
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Hawaiian Islands Marine National Monument by Proc. No. 8112, Feb. 28, 2007, 72 F. R. 10031]. —Proc. No. 8031, June 15, 2006, 71 F. R. 36443. Papahnaumokukea Marine National Monument Expansion, Hawaii. —Proc. No. 9478, Aug. 26, 2016, 81 F. R. 60227. Perry's Victory and International Peace Memorial National Monument, Ohio. —Proc. No. 2182, July 6, 1936, 50 Stat. 1734. Petrified Forest National Monument [Monument disestablished on establishment of Petrified Forest National Park, see sections 119 and 444 of Title 16, Conservation]. —Proc. No. 697, Dec. 8, 1906, 34 Stat. 3266; Proc. No. 1167, July 31, 1911, 37 Stat. 1716; Proc. No. 1927, Nov. 14, 1930, 46 Stat. 3040; Proc. No. 1975, Nov. 30, 1931, 47 Stat. 2486; Proc. No. 2011, Sept. 23, 1932, 47 Stat. 2532. Pinnacles National Monument, California [Monument abolished and lands and interests therein incorporated within and made part of Pinnacles National Park, see section 410-1 of Title 16,ooo Conservation]. —Proc. No. 796, Jan. 16, 1908, 35 Stat. 2177; Proc. No. 1660, May 7, 1923, 43 Stat. 1911; Proc. No. 1704, July 2, 1924, 43 Stat. 1961; Proc. No. 1948, Apr. 13, 1931, 47 Stat. 2451; Proc. No. 2050, July 11, 1933, 48 Stat. 1701; Proc. No. 2528, Dec. 5, 1941, 55 Stat. 1709; Proc. No. 7266, Jan. 11, 2000, 65 F. R. 2831. Pipe Spring National Monument, Arizona. —Proc. No. 1663, May 31, 1923, 43 Stat. 1913. Pompeys Pillar National Monument, Montana. —Proc. No. 7396, Jan. 17, 2001, 66 F. R. 7351. President Lincoln and Soldiers' Home National Monument, District of Columbia. —Proc. No. 7329, July 7, 2000, 65 F. R. 43673. Pullman National Monument, Illinois [Monument redesignated Pullman National Historical Park, see section 410jjjj(b)(1) of Title 16, Conservation]. —Proc. No. 9233, Feb. 19, 2015, 80 F. R. 10315 [abrogated by section 410jjjj(b)(4) of Title 16]. Rainbow Bridge National Monument, Utah. —Proc. No. 1043, May 30, 1910, 36 Stat. 2703. Reconstruction Era National Monument, South Carolina [Monument redesignated Reconstruction Era National Historical Park, see section 410bbbb(b)(1) of Title 16, Conservation]. —Proc. No. 9567, Jan. 12, 2017, 82 F. R. 6167. Río Grande del Norte National Monument, New Mexico. —Proc. No. 8946, Mar. 25, 2013, 78 F. R. 18783. Rose Atoll Marine National Monument, American Samoa. —Proc. No. 8337, Jan. 6, 2009, 74 F. R. 1577. Russell Cave National Monument, Alabama. —Proc. No. 3413, May 11, 1961, 75 Stat. 1058. Saguaro National Monument, Arizona [Monument abolished and incorporated in Saguaro National Park, see section 410zz-1 of Title 16, Conservation]. —Proc. No. 2032, Mar. 1, 1933, 47 Stat. 2557; Proc. No. 3439, Nov. 15, 1961, 76 Stat. 1437; Pub. L. 102-61, June 19, 1991, 105 Stat. 303; Pub. L. 103-364, §3, Oct. 14, 1994, 108 Stat. 3467. San Gabriel Mountains National Monument, California. —Proc. No. 9194, Oct. 10, 2014, 79 F. R. 62303. San Juan Islands National Monument, Washington. —Proc. No. 8947, Mar. 25, 2013, 78 F. R. 18789; Ex. Ord. No. 13708, §1(nn), Sept. 30, 2015, 80 F. R. 60272; Ex. Ord. No. 13811, §1(cc), Sept. 29, 2017, 82 F. R. 46364; Ex. Ord. No. 13889, §1(z), Sept. 27, 2019, 84 F. R. 52744; Ex. Ord. No. 14048, §1(z), Sept. 30, 2021, 86 F. R. 55466; Ex. Ord. No. 14109, §1(ff), Sept. 29, 2023, 88 F. R. 68448. Sand to Snow National Monument, California. —Proc. No. 9396, Feb. 12, 2016, 81 F. R. 8379. Santa Rosa Island National Monument, Florida. —Proc. No. 2337, May 17, 1939, 53 Stat. 2542; Proc. No. 2659, Aug. 13, 1945, 59 Stat. 877. Scotts Bluff National Monument, Nebraska. —Proc. No. 1547, Dec. 12, 1919, 41 Stat. 1779; Proc. No. 1999, June 1, 1932, 47 Stat. 2512; Proc. No. 2391, Mar. 29, 1940, 54 Stat. 2690. Shoshone Cavern National Monument, Wyoming [Monument abolished by act May 17, 1954, ch. 203, 68 Stat. 98]. —Proc. No. 880, Sept. 21, 1909, 36 Stat. 2501. [Release Point 118-106]
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Sieur de Monts National Monument, Maine. —Proc. No. 1339, July 8, 1916, 39 Stat. 1785. Sitka National Monument, Alaska [Monument redesignated Sitka National Historical Park by Pub. L. 92-501, Oct. 18, 1972, 86 Stat. 904, as amended by Pub. L. 106-291, title I, §130, Oct. 11, 2000, 114 Stat. 946]. —Proc. No. 959, Mar. 23, 1910, 36 Stat. 2601; Proc. No. 2965, Feb. 25, 1952, 66 Stat. 22. C Sonoran Desert National Monument, Arizona. —Proc. No. 7397, Jan. 17, 2001, 66 F. R. 7354. Statue of Liberty National Monument. —Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968; Proc. No. 2250, Sept. 7, 1937, 51 Stat. 393; Proc. No. 3656, May 11, 1965, 79 Stat. 1490. Stonewall National Monument, New York. —Proc. No. 9465, June 24, 2016, 81 F. R. 42215. Sunset Crater Volcano National Monument, Arizona [Monument changed from Sunset Crater National Monument by Pub. L. 101-612, §15, Nov. 16, 1990, 104 Stat. 3222]. —Proc. No. 1911, May 26, 1930, 46 Stat. 3023; Pub. L. 117-328, div. DD, title VI, §611, Dec. 29, 2022, 136 Stat. 5602. Timpanogos Cave National Monument, Utah. —Proc. No. 1640, Oct. 14, 1922, 42 Stat. 2285; Proc. No. 3457, Mar. 27, 1962, 76 Stat. 1457; Pub. L. 107-329, title I, Dec. 6, 2002, 116 Stat. 2815. Tonto National Monument, Arizona. —Proc. No. 787, Dec. 19, 1907, 35 Stat. 2168; Proc. No. 2230, Apr. 1, 1937, 50 Stat. 1825. Tumacacori National Monument, Arizona [Monument abolished and lands incorporated in, and funds made available for, Tumacacori National Historical Park, see section 410ss of Title 16, Conservation]. —Proc. No. 821, Sept. 15, 1908, 35 Stat. 2205; Proc. No. 3228, Mar. 28, 1958, 72 Stat. 30. C Tuzigoot National Monument, Arizona. —Proc. No. 2344, July 25, 1939, 53 Stat. 2548. Upper Missouri River Breaks National Monument, Montana. —Proc. No. 7398, Jan. 17, 2001, 66 F. R. 7359. Verendrye National Monument, North Dakota. —Proc. No. 1380, June 29, 1917, 40 Stat. 1677. Vermilion Cliffs National Monument, Arizona. —Proc. No. 7374, Nov. 9, 2000, 65 F. R. 69227. Virgin Islands Coral Reef National Monument, Virgin Islands. —Proc. No. 7399, Jan. 17, 2001, 66 F. R. 7364. Waco Mammoth National Monument, Texas. —Proc. No. 9299, July 10, 2015, 80 F. R. 41983. Walnut Canyon National Monument, Arizona. —Proc. No. 1318, Nov. 30, 1915, 39 Stat. 1761; Proc. No. 2300, Sept. 24, 1938, 53 Stat. 2469; Pub. L. 104-333, div. I, title II, §208, Nov. 12, 1996, 110 Stat. 4107. Wheeler National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 534, 64 Stat. 405]. —Proc. No. 831, Dec. 7, 1908, 35 Stat. 2214. White Sands National Monument, New Mexico. —Proc. No. 2025, Jan. 18, 1933, 47 Stat. 2551; Proc. No. 2108, Nov. 28, 1934, 49 Stat. 3426; Proc. No. 2295, Aug. 29, 1938, 53 Stat. 2465; Proc. No. 3024, June 24, 1953, 67 Stat. 53; Pub. L. 104-201, div. B, title XXVIII, §2854, Sept. C 23, 1996, 110 Stat. 2803, repealed by Pub. L. 116-92, div. B, title XXVIII, §2851(c)(2)(C), Dec. 20, 2019, 133 Stat. 1897. World War II Valor In the Pacific National Monument, Alaska, California, and Hawaii [Monument redesignated Pearl Harbor National Memorial, Tule Lake National Monument, and Aleutian Islands World War II National Monument by Pub. L. 116-9, title II, §2206(a)-(c), Mar. 12, 2019, 133 Stat. 740, 741]. —Proc. No. 8327, Dec. 5, 2008, 73 F. R. 75293; Pub. L. 115-170, May 7, 2018, 132 Stat. 1286. Wrangell-St. Elias National Monument, Alaska. —Proc. No. 4625, Dec. 1, 1978, 93 Stat. 1470. Wupatki National Monument, Arizona. —Proc. No. 1721, Dec. 9, 1924, 43 Stat. 1977; Proc. No. 2243, July 9, 1937, 52 Stat. 1841; Proc. No. 2454, Jan. 20, 1941, 55 Stat. 1608; Pub. L. 104-333, div. I, title II, §207, Nov. 12, 1996, 110 Stat. 4107. Yucca House National Monument, Colorado. —Proc. No. 1549, Dec. 19, 1919, 41 Stat. 1781; Pub. L. 104-333, div. I, title II, §201, Nov. 12, 1996, 110 Stat. 4105; Pub. L. 116-329, Jan. 13, 2021, 134 Stat. 5100. [Release Point 118-106]
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Yukon-Charley National Monument, Alaska. —Proc. No. 4626, Dec. 1, 1978, 93 Stat. 1472. Yukon Flats National Monument, Alaska. —Proc. No. 4627, Dec. 1, 1978, 93 Stat. 1473. Zion National Monument, Utah [Monument combined with Zion National Park into a single National park unit, see section 346b of Title 16, Conservation. A prior Zion National Monument, formerly Mukuntuweap National Monument, Proc. No. 877, July 31, 1909, 36 Stat. 2498, and Proc. No. 1435, Mar. 18, 1918, 40 Stat. 1760, was redesignated Zion National Park, see section 344 of Title 16, Conservation]. —Proc. No. 2221, Jan. 22, 1937, 50 Stat. 1809. MISCELLANEOUS NATIONAL MONUMENTS   Agate Fossil Beds National Monument, Nebraska. —Pub. L. 89-33, June 5, 1965, 79 Stat. 123. Aleutian Islands World War II National Monument, Alaska. —Pub. L. 116-9, title II, §2206(c), Mar. 12, 2019, 133 Stat. 741. Alibates Flint Quarries National Monument, Texas. —Pub. L. 89-154, Aug. 31, 1965, 79 Stat. 587. Name changed from Alibates Flint Quarries and Texas Panhandle Pueblo Culture National Monument by Pub. L. 95-625, title III, §321(c), Nov. 10, 1978, 92 Stat. 3488. Camp Nelson Heritage National Monument, Kentucky. —Pub. L. 116-9, title II, §2303, Mar. 12, 2019, 133 Stat. 745. Congaree Swamp National Monument, South Carolina [Monument redesignated Congaree National Park, see section 410jjj of Title 16, Conservation]. El Malpais National Monument, New Mexico. —Pub. L. 100-225, title I, §§101-104, Dec. 31, 1987, 101 Stat. 1539 (16 U. S. C. 460uu et seq. ). Florissant Fossil Beds National Monument, Colorado. —Pub. L. 91-60, Aug. 20, 1969, 83 Stat. 101; Pub. L. 116-9, title II, §2106, Mar. 12, 2019, 133 Stat. 726. Fossil Butte National Monument, Wyoming. —Pub. L. 92-537, Oct. 23, 1972, 86 Stat. 1069. Hagerman Fossil Beds National Monument, Idaho. —Pub. L. 100-696, title III, §§301-308, Nov. 18, 1988, 102 Stat. 4575, as amended by Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1923; Pub. L. 104-333, div. I, title II, §206, Nov. 12, 1996, 110 Stat. 4106; Pub. L. 106-421, Nov. 1, 2000, 114 Stat. 1870. Hohokam Pima National Monument, Arizona. —Pub. L. 92-525, Oct. 21, 1972, 86 Stat. 1047. John Day Fossil Beds National Monument, Oregon. —Pub. L. 93-486, title I, §101(a)(2), Oct. 26, 1974, 88 Stat. 1461. Jurassic National Monument, Utah. —Pub. L. 116-9, title I, §1252, Mar. 12, 2019, 133 Stat. 676. Kill Devil National Monument, North Carolina. —Act Mar. 2, 1927, ch. 251, 44 Stat. 1264. Redesignated Wright Brothers National Memorial, Dec. 1, 1953. Little Bighorn Battlefield National Monument, Montana. —Pub. L. 102-201, titles I, II, Dec. 10, 1991, 105 Stat. 1631. Medgar and Myrlie Evers Home National Monument, Mississippi. —Pub. L. 116-9, title II, §2301, Mar. 12, 2019, 133 Stat. 743. Mill Springs Battlefield National Monument, Kentucky. —Pub. L. 116-9, title II, §2302, Mar. 12, 2019, 133 Stat. 744. Mount St. Helens National Volcanic Monument, Washington. —Pub. L. 97-243, Aug. 26, 1982, 96 Stat. 301; Pub. L. 105-279, Oct. 23, 1998, 112 Stat. 2690. National Military Working Dog Teams Monument, Virginia. —Pub. L. 110-181, div. B, title XXVIII, §2877, Jan. 28, 2008, 122 Stat. 563; Pub. L. 111-84, div. B, title XXVIII, §2871, Oct. 28, 2009, 123 Stat. 2696. Newberry National Volcanic Monument, Oregon. —Pub. L. 101-522, Nov. 5, 1990, 104 Stat. 2288. Pecos National Monument, New Mexico [included in Pecos National Historical Park by Pub. L. 101-313, title II, §202(b), June 27, 1990, 104 Stat. 278 (16 U. S. C. 410rr-1(b))]. —Pub. L. 89-54,[Release Point 118-106]
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June 28, 1965, 79 Stat. 195; Pub. L. 94-578, title III, §317, Oct. 21, 1976, 90 Stat. 2737; repealed by Pub. L. 101-313, title II, §202(c), June 27, 1990, 104 Stat. 278 (16 U. S. C. 410rr-1(c)). Petroglyph National Monument, New Mexico. —Pub. L. 101-313, title I, June 27, 1990, 104 Stat. 272, as amended by Pub. L. 103-50, ch. IV, §401, July 2, 1993, 107 Stat. 252; Pub. L. 104-333, div. I, title VIII, §814(d)(2)(D), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105-174, title III, §3005, May 1, 1998, 112 Stat. 82. Poverty Point National Monument, Louisiana. —Pub. L. 100-560, Oct. 31, 1988, 102 Stat. 2803. Prehistoric Trackways National Monument, New Mexico. —Pub. L. 111-11, title II, §§2101-2105, Mar. 30, 2009, 123 Stat. 1096-1099. Saint Francis Dam Disaster National Monument, California. —Pub. L. 116-9, title I, §1111, Mar. 12, 2019, 133 Stat. 611. Salinas Pueblo Missions National Monument, New Mexico. —Pub. L. 96-550, title VI, §601, Dec. 19, 1980, 94 Stat. 3231, as amended by Pub. L. 100-559, title I, §101, Oct. 28, 1988, 102 Stat. 2797. Santa Rosa and San Jacinto Mountains National Monument, California. —Pub. L. 106-351, Oct. 24, 2000, 114 Stat. 1362; Pub. L. 106-434, §2, Nov. 6, 2000, 114 Stat. 1913; Pub. L. 111-11, title I, §1853, Mar. 30, 2009, 123 Stat. 1068. Tule Lake National Monument, California. —Pub. L. 116-9, title II, §2206(b), Mar. 12, 2019, 133 Stat. 741. Tule Springs Fossil Beds National Monument, Nevada. —Pub. L. 113-291, div. B, title XXX, §3092(a), Dec. 19, 2014, 128 Stat. 3861. NATIONAL MEMORIALS   AIDS Memorial Grove National Memorial, California. —Pub. L. 104-333, div. I, title V, §516, Nov. 12, 1996, 110 Stat. 4170. Arkansas Post National Memorial, Arkansas. —Pub. L. 86-595, July 6, 1960, 74 Stat. 333; Pub. L. 94-578, title II, §201(2), Oct. 21, 1976, 90 Stat. 2733; Pub. L. 105-83, title I, §126, Nov. 14, 1997, 111 Stat. 1567. Arlington House, The Robert E. Lee Memorial, Virginia. —Act Mar. 4, 1925, ch. 562, 43 Stat. 1356. Made permanent memorial by act June 29, 1955, ch. 223, 69 Stat. 190; Pub. L. 93-333, June 30, 1972, 86 Stat. 401; Pub. L. 116-92, div. B, title XXVIII, §2834(e)(4), Dec. 20, 2019, 133 Stat. 1894. Astronauts Memorial, John F. Kennedy Space Center, Florida. —Recognized as national memorial to astronauts who die in line of duty by Pub. L. 102-41, May 8, 1991, 105 Stat. 242. Battle of Midway National Memorial, Midway Atoll. —Pub. L. 106-113, div. B, §1000(a)(3) [title I, §126], Nov. 29, 1999, 113 Stat. 1535, 1501A-164. Benjamin Franklin National Memorial, Pennsylvania. —Designation of Benjamin Franklin Memorial Hall as National Memorial by Pub. L. 92-551, Oct. 25, 1972, 86 Stat. 1164. Bosque Redondo Memorial, New Mexico. —Pub. L. 106-511, title II, Nov. 13, 2000, 114 Stat. 2369; Pub. L. 108-204, title I, §101, Mar. 2, 2004, 118 Stat. 543. Buffalo Soldiers Memorial, Louisiana. —Pub. L. 109-152, Dec. 30, 2005, 119 Stat. 2887. Chamizal National Memorial, Texas. —Pub. L. 89-479, June 30, 1966, 80 Stat. 232; Pub. L. 94-578, title II, §201(3), Oct. 21, 1976, 90 Stat. 2733. Coronado National Memorial, Arizona. —Acts Aug. 18, 1941, ch. 365, §1, 55 Stat. 630, and July 9, 1952, ch. 610, 66 Stat. 510 (16 U. S. C. 450y); Proc. No. 2995, Nov. 5, 1952, 67 Stat. 18. C Custis-Lee Mansion National Memorial, Virginia. —Transferred to and renamed Arlington House, The Robert E. Lee Memorial. David Berger Memorial, Ohio. —Pub. L. 96-199, title I, §116, Mar. 5, 1980, 94 Stat. 71. [Release Point 118-106]
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Disabled American Veterans Vietnam Veterans National Memorial, New Mexico. —Recognized as a memorial of national significance by Pub. L. 100-164, Nov. 13, 1987, 101 Stat. 905. Distinguished Flying Cross National Memorial, California. —Pub. L. 113-132, July 25, 2014, 128 Stat. 1727. El Paso Community Healing Garden National Memorial, Texas. —Pub. L. 117-328, div. DD, title VII, §706, Dec. 29, 2022, 136 Stat. 5619. Father Marquette National Memorial, Michigan. —Pub. L. 94-160, Dec. 20, 1975, 89 Stat. 848. Federal Hall National Memorial, New York. —Designated May 26, 1939. Designation changed from Federal Hall Memorial Historic Site by act Aug. 11, 1955, ch. 779, §3, 69 Stat. 633. Flight 93 National Memorial, Pennsylvania. —Pub. L. 107-226, Sept. 24, 2002, 116 Stat. 1345; Pub. L. 110-161, div. F, title I, §128, Dec. 26, 2007, 121 Stat. 2122. Fort Caroline National Memorial, Florida. —Act Sept. 21, 1950, ch. 973, 64 Stat. 897. Established Jan. 16, 1953. Franklin Delano Roosevelt National Memorial, District of Columbia. —Acts Aug. 11, 1955, ch. 833, 69 Stat. 694; Sept. 1, 1959, Pub. L. 86-214, 73 Stat. 445; Oct. 18, 1962, Pub. L. 87-842, 76 Stat. 1079; Oct. 30, 1965, Pub. L. 89-305, 79 Stat. 1126; Sept. 8, 1970, Pub. L. 91-398, 84 Stat. 837; June 30, 1972, Pub. L. 92-332, 86 Stat. 401; July 28, 1982, Pub. L. 97-224, 96 Stat. 243; Oct. 1, 1996, Pub. L. 104-221, §§3, 4, 110 Stat. 3024; July 24, 1997, Pub. L. 105-29, 111 Stat. 246; Nov. 14, 1997, Pub. L. 105-83, title III, §335, 111 Stat. 1601. Hamilton Grange National Memorial, New York. —Pub. L. 87-438, Apr. 27, 1962, 76 Stat. 57, as amended by Pub. L. 100-701, §1, Nov. 19, 1988, 102 Stat. 4640; Pub. L. 106-482, Nov. 9, 2000, 114 Stat. 2192. House Where Lincoln Died National Memorial, District of Columbia. —Act June 11, 1896, ch. 420, 29 Stat. 439. Johnstown Flood National Memorial, Pennsylvania. —Pub. L. 88-546, Aug. 31, 1964, 78 Stat. 752; Pub. L. 108-313, Oct. 5, 2004, 118 Stat. 1196. Kol Israel Foundation Holocaust National Memorial, Ohio. —Pub. L. 117-328, div. DD, title VII, §701, Dec. 29, 2022, 136 Stat. 5616. Lincoln Boyhood National Memorial, Indiana. —Pub. L. 87-407, Feb. 19, 1962, 76 Stat. 9. Lincoln Museum National Memorial, District of Columbia. —Act Apr. 7, 1866, ch. 28, §1, 14 Stat. 23. Lincoln National Memorial, District of Columbia. —Act Feb. 9, 1911, ch. 42, 36 Stat. 898. Medicine Creek Treaty National Memorial, Washington. —Pub. L. 114-101, §3, Dec. 18, 2015, 129 Stat. 2203. Memorial to the Victims of the Shooting at the Washington Navy Yard on September 16, 2013, District of Columbia. —Pub. L. 113-291, div. B, title XXVIII, §2853, Dec. 19, 2014, 128 Stat. 3715. Military Divers Memorial. —Pub. L. 113-66, div. B, title XXVIII, §2842, Dec. 26, 2013, 127 Stat. 1024. Mount Rushmore National Memorial, South Dakota. —Act Feb. 25, 1929, ch. 315, 45 Stat. 1300. Mt. Soledad Veterans Memorial, California. —Pub. L. 108-447, div. J, title I, §116, Dec. 8, 2004, 118 Stat. 3346; Pub. L. 109-272, Aug. 14, 2006, 120 Stat. 770; Pub. L. 109-364, div. A, title X, §1071(d), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 113-291, div. B, title XXVIII, §2852, Dec. 19, 2014, 128 Stat. 3713. National D-Day Memorial, Virginia. —Pub. L. 104-201, div. A, title X, §1080, Sept. 23, 1996, 110 Stat. 2670. National Fallen Firefighters' Memorial, Maryland. —Pub. L. 101-347, Aug. 9, 1990, 104 Stat. 398. National Law Enforcement Officers Memorial, District of Columbia. —Establishment of Maintenance Fund by Pub. L. 104-329, title II, §201, Oct. 20, 1996, 110 Stat. 4011; Pub. L. 109-314, Oct. 6, 2006, 120 Stat. 1739. National Medal of Honor Sites. —Pub. L. 106-83, Oct. 28, 1999, 113 Stat. 1293. [Release Point 118-106]
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National Memorial to Fallen Educators, Kansas. —Pub. L. 115-169, Apr. 30, 2018, 132 Stat. 1285. National Pulse Memorial, Florida. —Pub. L. 117-20, June 25, 2021, 135 Stat. 291. National Veterans Memorial and Museum, Ohio. —Pub. L. 115-186, June 21, 2018, 132 Stat. 1487. Patrick Henry National Memorial, Virginia. —Pub. L. 99-296, May 12, 1986, 100 Stat. 429. Pearl Harbor National Memorial, Hawai'i. —Pub. L. 116-9, title II, §2206(a), Mar. 12, 2019, 133 Stat. 740. Port Chicago National Memorial, California. —Pub. L. 102-562, title II, Oct. 28, 1992, 106 Stat. 4235; Pub. L. 111-84, div. B, title XXVIII, §2853(a), Oct. 28, 2009, 123 Stat. 2685. Prisoner of War/Missing in Action National Memorial, California. —Pub. L. 108-454, title VI, §601, Dec. 10, 2004, 118 Stat. 3623. Richard L. Kohnstamm Memorial Area, Oregon. —Pub. L. 111-11, title I, §1202(b), Mar. 30, 2009, 123 Stat. 1009. Saint Francis Dam Disaster National Memorial, California. Pub. L. 116-9, title I, §1111, Mar. 12, 2019, 133 Stat. 611. Seabees of the United States Navy Memorial. —Pub. L. 92-422, Sept. 18, 1972, 86 Stat. 678. Signers of the Declaration of Independence Memorial, District of Columbia. —Pub. L. 95-260, Apr. 17, 1978, 92 Stat. 197. Thomas Jefferson National Memorial, District of Columbia. —Act June 26, 1934, ch. 763, 48 Stat. 1243. United States Marine Corps Memorial, Virginia. —Act July 1, 1947, ch. 196, 61 Stat. 242, as amended July 7, 1952, ch. 585, 66 Stat. 441; June 16, 1953, ch. 120, 67 Stat. 64. United States National Civil Defense Monument, Maryland. —Authorized by Pub. L. 106-103, Nov. 13, 1999, 113 Stat. 1482. United States Navy Memorial, District of Columbia. —Pub. L. 96-199, title I, §113, Mar. 5, 1980, 94 Stat. 70. U. S. S. Indianapolis Memorial, Indiana. —Pub. L. 103-160, div. A, title XI, §1165, Nov. 30, 1993, 107 Stat. 1765. USS Oklahoma Memorial, Hawaii. —Pub. L. 109-163, div. A, title X, §1017, Jan. 6, 2006, 119 Stat. 3425. Vietnam Veterans Memorial, District of Columbia. —Pub. L. 96-297, July 1, 1980, 94 Stat. 827; Pub. L. 106-214, §1, June 15, 2000, 114 Stat. 335; Pub. L. 108-126, title I, §101, Nov. 17, 2003, 117 Stat. 1348; Pub. L. 111-270, §1, Oct. 12, 2010, 124 Stat. 2851; Pub. L. 112-74, div. E, title IV, §420, Dec. 23, 2011, 125 Stat. 1045; Pub. L. 113-21, July 18, 2013, 127 Stat. 490. Washington Monument National Memorial, District of Columbia. —Act Aug. 2, 1876, ch. 250, §1, 19 Stat. 123. White Cross World War I Memorial, California. —Pub. L. 107-117, div. A, title VIII, §8137, Jan. 10, 2002, 115 Stat. 2278; Pub. L. 108-87, title VIII, §8121, Sept. 30, 2003, 117 Stat. 1100. World War II Memorial, Guam. —Pub. L. 106-398, §1 [div. B, title XXVIII, §2886], Oct. 30, 2000, 114 Stat. 1654, 1654A-441, as amended by Pub. L. 107-107, div. B, title XXVIII, §2868, Dec. 28, 2001, 115 Stat. 1334. Wright Brothers National Memorial, North Carolina. —Kill Devil Hill National Monument authorized by act Mar. 2, 1927, ch. 251, 44 Stat. 1264. Redesignated Wright Brothers National Memorial, Dec. 1, 1953. GRANTS FOR 9/11 MEMORIALS Pub. L. 115-413, Jan. 3, 2019, 132 Stat. 5427, provided for competitive grants for operation, security, and maintenance of certain memorials to victims of the terrorist attacks of Sept. 11, 2001, to be used by eligible 501(c)(3) organizations in existence on Jan. 3, 2019, including criteria for awards, requirements for free admission to facilities and allowance of Federal audits of finanacial statements, and reporting requirements. ALBERT EINSTEIN MEMORIAL[Release Point 118-106]
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Pub. L. 95-625, title VI, §612, Nov. 10, 1978, 92 Stat. 3521, as amended by Pub. L. 96-87, title IV, §401(o), Oct. 12, 1979, 93 Stat. 666, authorized conveyance of property to National Academy of Sciences for erection and maintenance of a Memorial to Albert Einstein on south side of Square Numbered 88 between 21st Street, 22d Street, and Constitution Avenue, District of Columbia, with reverter of title when no longer used for memorial purposes or public access is restricted. §320302. Permits (a). —The Secretary, the Secretary of Agriculture, or the AUTHORITY TO GRANT PERMIT Secretary of the Army may grant a permit for the examination of ruins, the excavation of archeological sites, and the gathering of objects of antiquity on land under their respective jurisdictions to an institution that the Secretary concerned considers properly qualified to conduct the examination, excavation, or gathering, subject to such regulations as the Secretary concerned may prescribe. (b). —A permit may be PURPOSE OF EXAMINATION, EXCAVATION, OR GATHERING granted only if— (1) the examination, excavation, or gathering is undertaken for the benefit of a reputable museum, university, college, or other recognized scientific or educational institution, with a view to increasing the knowledge of the objects; and (2) the gathering shall be made for permanent preservation in a public museum. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3260. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 320302 16 U. S. C. 432 (1st sentence). June 8, 1906, ch. 3060, §3, 34 Stat. 225; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. In subsection (a), section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501) was repealed by section 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 676). Section 1 of the Act of August 10, 1956 (70A Stat. 1), enacted Title 10, "Armed Forces", and under sections 3010 to 3013 of title 10, the Department of the Army remains under the administrative supervision of the Secretary of the Army. §320303. Regulations The Secretary, the Secretary of Agriculture, and the Secretary of the Army shall make and publish uniform regulations for the purpose of carrying out this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3260. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 320303 16 U. S. C. 432 (last sentence). June 8, 1906, ch. 3060, §4, 34 Stat. 225. [Release Point 118-106]
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30101 Federal Election Campaigns301. 20901 Election Administration Improvement209. 20701 Federal Election Records207. 20501 National Voter Registration205. 20301 Registration and Voting by Absent Uniformed Services Voters and Overseas Voters in Elections for Federal Office203. 20101 Voting Accessibility for the Elderly and Handicapped201. 10701 Right to Vote at Age Eighteen107. 10501 Supplemental Provisions105. 10301 Enforcement of Voting Rights103. 10101 Generally101. Sec. Chap. TITLE 52—VOTING AND ELECTIONS Subtitle I—Voting Rights          Subtitle II—Voting Assistance and Election Administration          Subtitle III—Federal Campaign Finance          EDITORIAL NOTES DISPOSITION TABLE (Showing disposition of former sections of Title 2) Title 2 Former Classification Title 52 New Classification 431 30101 431 note (Pub. L. 107-155, title IV, §402, Mar. 27, 2002, 116 Stat. 112)30101 note 431 note (Pub. L. 106-346, §101(a) [title V, §502(d)], Oct. 23, 2000, 114 Stat. 1356, 1356A-50)30101 note 431 note (Pub. L. 96-187, title III, §301, Jan. 8, 1980, 93 Stat. 1368)30101 note 431 note (Pub. L. 93-443, title IV, §410, Oct. 15, 1974, 88 Stat. 1304)30101 note 431 note (Pub. L. 92-225, title IV, §408, formerly §406, Feb. 7, 1972, 86 Stat. 20)30101 note 431 note (Pub. L. 107-155, §1(a), Mar. 27, 2002, 116 Stat. 81)10101 note 431 note (Pub. L. 96-187, Jan. 8, 1980, 93 Stat. 1339)10101 note 431 note (Pub. L. 94-283, §1, May 11, 1976, 90 Stat. 475)10101 note 431 note (Pub. L. 93-443, Oct. 15, 1974, 88 Stat. 1263)10101 note 431 note (Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3)10101 note 431 note (Pub. L. 96-187, title III, §303, Jan. 8, 1980, 93 Stat. 1368)30101 note[Release Point 118-106]
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431 note (Pub. L. 107-155, title III, §310, Mar. 27, 2002, 116 Stat. 104)30101 note 431 note (Pub. L. 96-187, title III, §302, Jan. 8, 1980, 93 Stat. 1368)30101 note 432 30102 432 note (Pub. L. 104-79, §1(c), Dec. 28, 1995, 109 Stat. 791)30102 note 432 note (Pub. L. 104-79, §3(d), Dec. 28, 1995, 109 Stat. 793)30102 note 433 30103 434 30104 434 note (Pub. L. 110-81, title II, §204(b), Sept. 14, 2007, 121 Stat. 746)30104 note 434 note (Pub. L. 110-81, title II, §215, Sept. 14, 2007, 121 Stat. 751)30104 note 434 note (Pub. L. 106-58, title VI, §639(b), Sept. 29, 1999, 113 Stat. 476)30104 note 434 note (Pub. L. 106-58, title VI, §641(b), Sept. 29, 1999, 113 Stat. 477)30104 note 434 note (Pub. L. 107-155, title II, §201(b), Mar. 27, 2002, 116 Stat. 90)30104 note 434 note (Pub. L. 93-443, title II, §204(e), Oct. 15, 1974, 88 Stat. 1278)30104 note 437 30105 437c 30106 437c note (Pub. L. 105-61, title V, §512(b), Oct. 10, 1997, 111 Stat. 1305)30106 note 437c note (Pub. L. 94-283, title I, §101(e)-(g), May 11, 1976, 90 Stat. 476, 477)30106 note 437c note (Pub. L. 93-443, title II, §208(b), Oct. 15, 1974, 88 Stat. 1286)30106 note 437d 30107 437f 30108 437f note (Pub. L. 94-283, title I, §108(b), May 11, 1976, 90 Stat. 482)30108 note 437g 30109 437g note (Pub. L. 113-72, §3, Dec. 26, 2013, 127 Stat. 1211)30109 note 437g note (Pub. L. 110-433, §1(c), Oct. 16, 2008, 122 Stat. 4971)30109 note 437g note (Pub. L. 107-155, title III, §312(b), Mar. 27, 2002, 116 Stat. 106)30109 note 437g note (Pub. L. 107-155, title III, §315(c), Mar. 27, 2002, 116 Stat. 108)30109 note 437g note (Pub. L. 106-58, title VI, §640(c), Sept. 29, 1999, 113 Stat. 477)30109 note 437h 30110 437h note (Pub. L. 107-155, title IV, §403, Mar. 27, 2002, 116 Stat. 113)30110 note[Release Point 118-106]
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438 30111 438a 30112 439 30113 439a 30114 439a note (Pub. L. 110-81, title VI, §601(b), Sept. 14, 2007, 121 Stat. 775)30114 note 439c 30115 441a 30116 441a note (Pub. L. 107-155, title III, §307(e), Mar. 27, 2002, 116 Stat. 103)30116 note 441a note (Pub. L. 107-155, title II, §214(c), Mar. 27, 2002, 116 Stat. 95)30116 note 441a-1 30117 441b 30118 441c 30119 441d 30120 441e 30121 441f 30122 441g 30123 441h 30124 441i 30125 441k 30126 451 30141 452 30142 453 30143 454 30144 454 note (Pub. L. 107-155, title IV, §401, Mar. 27, 2002, 116 Stat. 112)30144 note 455 30145 455 note (Pub. L. 107-155, title III, §313(b), Mar. 27, 2002, 116 Stat. 106)30145 note 457 30146 DISPOSITION TABLE (Showing disposition of former sections of Title 42) Title 42 Former Classification Title 52 New Classification 1971 10101 1971 note (Pub. L. 111-84, div. A, title V, §575, Oct. 28, 2009, 123 Stat. 2318)10101 note 1971 note (Pub. L. 109-246, §1, July 27, 2006, 120 Stat. 577)10101 note 1971 note (Pub. L. 102-344, §1, Aug. 26, 1992, 106 Stat. 921)10101 note 1971 note (Pub. L. 99-410, §1, Aug. 28, 1986, 100 Stat. 924)10101 note 1971 note (Pub. L. 97-205, §1, June 29, 1982, 96 Stat. 131)10101 note[Release Point 118-106]
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1971 note (Pub. L. 91-285, §1, June 22, 1970, 84 Stat. 314)10101 note 1971 note (Pub. L. 86-449, §1, May 6, 1960, 74 Stat. 86)10101 note 1971 note (Pub. L. 85-315, pt. V, §161, Sept. 9, 1957, 71 Stat. 638)10101 note 1971 note (Pub. L. 89-110, §1, Aug. 6, 1965, 79 Stat. 437)10101 note 1971 note (Act Aug. 9, 1955, ch. 656, §1, 69 Stat. 584)10101 note 1971 note (Pub. L. 94-203, §1, Jan. 2, 1976, 89 Stat. 1142)10101 note 1971 note (Pub. L. 98-435, §1, Sept. 28, 1984, 98 Stat. 1678)10101 note 1971 note (Pub. L. 103-31, §1, May 20, 1993, 107 Stat. 77)10101 note 1971 note (Pub. L. 86-449, title VII, §701, May 6, 1960, 74 Stat. 92)10101 note 1971 note (Pub. L. 98-473, title I, §101(j), Oct. 12, 1984, 98 Stat. 1963)10101 note 1972 10102 1973 10301 1973 note (Pub. L. 97-205, §6, June 29, 1982, 96 Stat. 135)10301 note 1973 note (Pub. L. 109-246, §2, July 27, 2006, 120 Stat. 577)10301 note 1973 note (Pub. L. 94-73, title II, §208, Aug. 6, 1975, 89 Stat. 402)10301 note 1973a 10302 1973b 10303 1973b note (Pub. L. 97-205, §2(b), June 29, 1982, 96 Stat. 131)10303 note 1973c 10304 1973f 10305 1973h 10306 1973i 10307 1973j 10308 1973k 10309 1973l 10310 1973n 10311 1973o 10312 1973p 10313 1973q 10314 1973aa 10501 1973aa-1 10502 1973aa-1a 10503 1973aa-1a note (Pub. L. 97-205, §4, June 29, 1982, 96 Stat. 134)10503 note 1973aa-2 10504[Release Point 118-106]
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1973aa-3 10505 1973aa-4 10506 1973aa-5 10507 1973aa-6 10508 1973aa-6 note (Pub. L. 97-205, §5, June 29, 1982, 96 Stat. 135)10508 note 1973bb 10701 1973bb-1 10702 1973ee 20101 1973ee note (Pub. L. 98-435, §9, Sept. 28, 1984, 98 Stat. 1680)20101 note 1973ee-1 20102 1973ee-2 20103 1973ee-3 20104 1973ee-4 20105 1973ee-5 20106 1973ee-6 20107 1973ff 20301 1973ff note (Pub. L. 111-84, div. A, title V, §580(f), Oct. 28, 2009, 123 Stat. 2326)20301 note 1973ff note (Pub. L. 111-84, div. A, title V, §583(a)(3), Oct. 28, 2009, 123 Stat. 2328)20301 note 1973ff note (Pub. L. 111-84, div. A, title V, §584(c), Oct. 28, 2009, 123 Stat. 2331)20301 note 1973ff note (Pub. L. 99-410, title II, §204, Aug. 28, 1986, 100 Stat. 930)20301 note 1973ff note (Pub. L. 107-107, div. A, title XVI, §1601, Dec. 28, 2001, 115 Stat. 1274)20301 note 1973ff note (Pub. L. 107-107, div. A, title XVI, §1604, Dec. 28, 2001, 115 Stat. 1277)20301 note 1973ff note (Pub. L. 107-107, div. A, title XVI, §1605, Dec. 28, 2001, 115 Stat. 1277)20301 note 1973ff note (Ex. Ord. No. 12642, June 8, 1988, 53 F. R. 21975)20301 note 1973ff-1 20302 1973ff-1 note (Pub. L. 111-84, div. A, title V, §577(b), Oct. 28, 2009, 123 Stat. 2320)20302 note 1973ff-1 note (Pub. L. 111-84, div. A, title V, §578(b), Oct. 28, 2009, 123 Stat. 2321)20302 note 1973ff-1 note (Pub. L. 111-84, div. A, title V, §579(c), Oct. 28, 2009, 123 Stat. 2324)20302 note 1973ff-1 note (Pub. L. 111-84, div. A, title V, §582(c), Oct. 28, 2009, 123 Stat. 2327)20302 note 1973ff-1 note (Pub. L. 111-84, div. A, title V, §576, Oct. 28, 2009, 123 Stat. 2319)20302 note 1973ff-1 note (Pub. L. 107-252, title VII, §703(b), Oct. 29, 2002, 116 Stat. 1724)20302 note 1973ff-2 20303 1973ff-2 note (Pub. L. 111-84, div. A, title V, §581(a)(2), Oct. 28, 2009, 123 Stat. 2326)20303 note[Release Point 118-106]
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1973ff-2a 20304 1973ff-2b 20305 1973ff-3 20306 1973ff-3 note (Pub. L. 107-252, title VII, §706(b), Oct. 29, 2002, 116 Stat. 1725)20306 note 1973ff-4 20307 1973ff-4a 20308 1973ff-5 20309 1973ff-6 20310 1973ff-7 20311 1973ff-7 note (Pub. L. 111-383, div. A, title X, §1075(d), Jan. 7, 2011, 124 Stat. 4372)20311 note 1973gg 20501 1973gg note (Pub. L. 103-31, §13, May 20, 1993, 107 Stat. 89)20501 note 1973gg note (Pub. L. 104-132, title IX, §902, Apr. 24, 1996, 110 Stat. 1317)20501 note 1973gg note (Pub. L. 104-91, title I, §101(a), Jan. 6, 1996, 110 Stat. 11)20501 note 1973gg-1 20502 1973gg-2 20503 1973gg-2 note (Pub. L. 104-91, title I, §101(a), Jan. 6, 1996, 110 Stat. 11)20503 note 1973gg-3 20504 1973gg-4 20505 1973gg-5 20506 1973gg-5 note (Ex. Ord. No. 12926, Sept. 12, 1994, 59 F. R. 47227)20506 note 1973gg-6 20507 1973gg-7 20508 1973gg-8 20509 1973gg-9 20510 1973gg-10 20511 1974 20701 1974a 20702 1974b 20703 1974c 20704 1974d 20705 1974e 20706 15301 20901 15301 note (Pub. L. 107-252, §1(a), Oct. 29, 2002, 116 Stat. 1666)10101 note 15302 20902 15302 note (Pub. L. 111-8, div. D, title VI, §625(b), Mar. 11, 2009, 123 Stat. 678)20902 note 15302 note (Pub. L. 110-28, title VI, §6301(b), May 25, 2007, 121 Stat. 171)20902 note 15303 20903 15304 20904[Release Point 118-106]
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15305 20905 15306 20906 15321 20921 15322 20922 15323 20923 15324 20924 15325 20925 15326 20926 15327 20927 15328 20928 15329 20929 15330 20930 15341 20941 15342 20942 15343 20943 15344 20944 15345 20945 15346 20946 15361 20961 15362 20962 15371 20971 15381 20981 15381 note (Pub. L. 110-161, div. D, title V, §501, Dec. 26, 2007, 121 Stat. 1997)20981 note 15382 20982 15383 20983 15384 20984 15385 20985 15386 20986 15387 20987 15401 21001 15402 21002 15403 21003 15404 21004 15405 21005 15406 21006 15407 21007 15408 21008 15421 21021 15422 21022 15423 21023 15424 21024 15425 21025 15441 21041 15442 21042 15443 21043 15451 21051 15452 21052[Release Point 118-106]
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Interference with freedom of elections. 10102. Voting rights. 10101. Sec. 15453 21053 15461 21061 15462 21062 15471 21071 15472 21072 15481 21081 15482 21082 15483 21083 15484 21084 15485 21085 15501 21101 15502 21102 15511 21111 15512 21112 15521 21121 15522 21122 15523 21123 15531 21131 15532 21132 15533 21133 15534 21134 15541 21141 15542 21142 15543 21143 15544 21144 15545 21145 Subtitle I—Voting Rights CHAPTER 101—GENERALLY          §10101. Voting rights (a) Race, color, or previous condition not to affect right to vote; uniform standards for voting qualifications; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authorities; definitions (1) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding. (2) No person acting under color of law shall— (A) in determining whether any individual is qualified under State law or laws to vote in any[Release Point 118-106]
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election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote; (B) deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or (C) employ any literacy test as a qualification for voting in any election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 [52 U. S. C. 20701 et seq. ]:, That the Attorney General may enter into agreements Provided, however with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith. (3) For purposes of this subsection— (A) the term "vote" shall have the same meaning as in subsection (e) of this section; (B) the phrase "literacy test" includes any test of the ability to read, write, understand, or interpret any matter. (b) Intimidation, threats, or coercion No person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives, Delegates or Commissioners from the Territories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate. (c) Preventive relief; injunction; rebuttable literacy presumption; liability of United States for costs; State as party defendant Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of any right or privilege secured by subsection (a) or (b), the Attorney General may institute for the United States, or in the name of the United States, a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any election. In any proceeding hereunder the United States shall be liable for costs the same as a private person. Whenever, in a proceeding instituted under this subsection any official of a State or subdivision thereof is alleged to have committed any act or practice constituting a deprivation of any right or privilege secured by subsection (a), the act or practice shall also be deemed that of the State and the State may be joined as a party defendant and, if, prior to the institution of such proceeding, such official has resigned or has been relieved of his office and no successor has assumed such office, the proceeding may be instituted against the State. (d) Jurisdiction; exhaustion of other remedies[Release Point 118-106]
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The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law. (e) Order qualifying person to vote; application; hearing; voting referees; transmittal of report and order; certificate of qualification; definitions In any proceeding instituted pursuant to subsection (c) in the event the court finds that any person has been deprived on account of race or color of any right or privilege secured by subsection (a), the court shall upon request of the Attorney General and after each party has been given notice and the opportunity to be heard make a finding whether such deprivation was or is pursuant to a pattern or practice. If the court finds such pattern or practice, any person of such race or color resident within the affected area shall, for one year and thereafter until the court subsequently finds that such pattern or practice has ceased, be entitled, upon his application therefor, to an order declaring him qualified to vote, upon proof that at any election or elections (1) he is qualified under State law to vote, and (2) he has since such finding by the court been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. Such order shall be effective as to any election held within the longest period for which such applicant could have been registered or otherwise qualified under State law at which the applicant's qualifications would under State law entitle him to vote. Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any such election. The Attorney General shall cause to be transmitted certified copies of such order to the appropriate election officers. The refusal by any such officer with notice of such order to permit any person so declared qualified to vote to vote at an appropriate election shall constitute contempt of court. An application for an order pursuant to this subsection shall be heard within ten days, and the execution of any order disposing of such application shall not be stayed if the effect of such stay would be to delay the effectiveness of the order beyond the date of any election at which the applicant would otherwise be enabled to vote. The court may appoint one or more persons who are qualified voters in the judicial district, to be known as voting referees, who shall subscribe to the oath of office required by section 3331 of title 5, to serve for such period as the court shall determine, to receive such applications and to take evidence and report to the court findings as to whether or not at any election or elections (1) any such applicant is qualified under State law to vote, and (2) he has since the finding by the court heretofore specified been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. In a proceeding before a voting referee, the applicant shall be heard ex parte at such times and places as the court shall direct. His statement under oath shall be prima facie evidence as to his age, residence, and his prior efforts to register or otherwise qualify to vote. Where proof of literacy or an understanding of other subjects is required by valid provisions of State law, the answer of the applicant, if written, shall be included in such report to the court; if oral, it shall be taken down stenographically and a transcription included in such report to the court. Upon receipt of such report, the court shall cause the Attorney General to transmit a copy thereof to the State attorney general and to each party to such proceeding together with an order to show cause within ten days, or such shorter time as the court may fix, why an order of the court should not be entered in accordance with such report. Upon the expiration of such period, such order shall be entered unless prior to that time there has been filed with the court and served upon all parties a statement of exceptions to such report. Exceptions as to matters of fact shall be considered only if supported by a duly verified copy of a public record or by affidavit of persons having personal knowledge of such facts or by statements or matters contained in such report; those relating to matters of law shall be supported by an appropriate memorandum of law. The issues of fact and law raised by such exceptions shall be determined by the court or, if the due and speedy administration of justice requires, they may be referred to the voting referee to determine in accordance with procedures prescribed by the court. A hearing as to an issue of fact shall be held only in the event that the proof in support of the exception disclose the existence of a genuine issue of material fact. [Release Point 118-106]
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The applicant's literacy and understanding of other subjects shall be determined solely on the basis of answers included in the report of the voting referee. The court, or at its direction the voting referee, shall issue to each applicant so declared qualified a certificate identifying the holder thereof as a person so qualified. Any voting referee appointed by the court pursuant to this subsection shall to the extent not inconsistent herewith have all the powers conferred upon a master by rule 53(c) of the Federal Rules of Civil Procedure. The compensation to be allowed to any persons appointed by the court pursuant to this subsection shall be fixed by the court and shall be payable by the United States. Applications pursuant to this subsection shall be determined expeditiously. In the case of any application filed twenty or more days prior to an election which is undetermined by the time of such election, the court shall issue an order authorizing the applicant to vote provisionally: Provided,, That such applicant shall be qualified to vote under State law. In the case of an applicationhowever filed within twenty days prior to an election, the court, in its discretion, may make such an order. In either case the order shall make appropriate provision for the impounding of the applicant's ballot pending determination of the application. The court may take any other action, and may authorize such referee or such other person as it may designate to take any other action, appropriate or necessary to carry out the provisions of this subsection and to enforce its decrees. This subsection shall in no way be construed as a limitation upon the existing powers of the court. When used in the subsection, the word "vote" includes all action necessary to make a vote effective including, but not limited to, registration or other action required by State law prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office and propositions for which votes are received in an election; the words "affected area" shall mean any subdivision of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection (a); and the words "qualified under State law" shall mean qualified according to the laws, customs, or usages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) in qualifying persons other than those of the race or color against which the pattern or practice of discrimination was found to exist. (f) Contempt; assignment of counsel; witnesses Any person cited for an alleged contempt under this Act shall be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecution. If such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide such counsel. (g) Three-judge district court: hearing, determination, expedition of action, review by Supreme Court; single-judge district court: hearing, determination, expedition of action In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and[Release Point 118-106]
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determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court. In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three-judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. (R. S. §2004; Pub. L. 85-315, pt. IV, §131, Sept. 9, 1957, 71 Stat. 637; Pub. L. 86-449, title VI, §601, May 6, 1960, 74 Stat. 90; Pub. L. 88-352, title I, §101, July 2, 1964, 78 Stat. 241; Pub. L. 89-110, §15, Aug. 6, 1965, 79 Stat. 445. ) EDITORIAL NOTES REFERENCES IN TEXT The Civil Rights Act of 1960, referred to in subsec. (a)(2)(C), is Pub. L. 86-449, May 6, 1960, 74 Stat. 86. Title III of the Civil Rights Act of 1960 is classified generally to chapter 207 (§20701 et seq. ) of this title. For complete classification of this Act to the Code, see Tables. Rule 53(c) of the Federal Rules of Civil Procedure, referred to in subsec. (e), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. This Act, referred to in subsec. (f), is Pub. L. 85-315, Sept. 9, 1957, 71 Stat. 634, which enacted sections 1975 to 1975e and 1995 of Title 42, The Public Health and Welfare, and section 295-1 of former Title 5, Executive Departments and Government Officers and Employees, amended this section and sections 1343 and 1861 of Title 28, repealed section 1993 of Title 42, and enacted provisions set out as a note under section 1975 of Title 42. CODIFICATION Section was formerly classified to section 1971 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section, and to section 31 of Title 8, Aliens and Nationality. R. S. §2004 derived from act May 31, 1870, ch. 114, §1, 16 Stat. 140. In subsec. (e), "section 3331 of title 5" was substituted for "Revised Statutes, section 1757 (5 U. S. C. 16)" on authority of Pub. L. 89-554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1965—Subsecs. (a), (c). Pub. L. 89-110, §15(a), struck out "Federal" before "election" wherever appearing. Subsecs. (f) to (h). Pub. L. 89-110, §15(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and repealed former subsec. (f) which defined "Federal elections". 1964—Subsec. (a). Pub. L. 88-352, §101(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (c). Pub. L. 88-352, §101(b), provided for a rebuttable literacy presumption when a person has not been adjudged an incompetent and has completed the sixth grade of his schooling. Subsecs. (f), (g). Pub. L. 88-352, §101(c), added subsec. (f) and redesignated former subsec. (f) as (g). Subsec. (h). Pub. L. 88-352, §101(d), added subsec. (h). 1960—Subsec. (c). Pub. L. 86-449, §601(b), permitted the State to be joined as a party defendant in cases where officials of a State or subdivision thereof are alleged to have committed acts or practices constituting a deprivation of any rights or privileges secured by subsection (a) of this section, and authorized commencement of the proceeding against the State where an official has resigned or has been relieved of his office and no successor has assumed such office. [Release Point 118-106]
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Subsecs. (e), (f). Pub. L. 86-449, §601(a), added subsec. (e) and redesignated former subsec. (e) as (f). 1957—Pub. L. 85-315, §131, substituted "Voting rights" for "Race, color, or previous condition not to affect right to vote" in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) to (e). STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLE OF 2024 AMENDMENT Pub. L. 118-106, §1, Oct. 4, 2024, 138 Stat. 1591, provided that: "This Act [enacting section 21083a of this title and amending sections 21084, 21085, and 21111 of this title] may be cited as the 'Confirmation Of Congressional Observer Access Act of 2024' or the 'COCOA Act of 2024'. " SHORT TITLE OF 2022 AMENDMENT Pub. L. 117-182, §1, Sept. 30, 2022, 136 Stat. 2178, provided that: "This Act [amending section 21061 of this title and enacting provisions set out as a note under section 21061 of this title] may be cited as the 'Protection and Advocacy for Voting Access Program Inclusion Act' or the 'PAVA Program Inclusion Act'. " SHORT TITLE OF 2009 ACT Pub. L. 111-84, div. A, title V, §575, Oct. 28, 2009, 123 Stat. 2318, provided that: "This subtitle [subtitle H (§§575-589) of title V of div. A of Pub. L. 111-84, see Tables for classification] may be cited as the 'Military and Overseas Voter Empowerment Act'. " SHORT TITLE OF 2006 ACT Pub. L. 109-246, §1, July 27, 2006, 120 Stat. 577, as amended by Pub. L. 110-258, §1, July 1, 2008, 122 Stat. 2428, provided that: "This Act [see Tables for classification] may be cited as the 'Fannie Lou Hamer, Rosa Parks, Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006'. " SHORT TITLE OF 2002 ACT Pub. L. 107-252, §1(a), Oct. 29, 2002, 116 Stat. 1666, provided that: "This Act [see Tables for classification] may be cited as the 'Help America Vote Act of 2002'. " Pub. L. 107-155, §1(a), Mar. 27, 2002, 116 Stat. 81, provided that: "This Act [see Tables for classification] may be cited as the 'Bipartisan Campaign Reform Act of 2002'. " SHORT TITLE OF 1993 ACT Pub. L. 103-31, §1, May 20, 1993, 107 Stat. 77, provided that: "This Act [see Tables for classification] may be cited as the 'National Voter Registration Act of 1993'. " SHORT TITLE OF 1992 ACT Pub. L. 102-344, §1, Aug. 26, 1992, 106 Stat. 921, provided that: "This Act [see Tables for classification] may be cited as the 'Voting Rights Language Assistance Act of 1992'. " SHORT TITLE OF 1986 ACT Pub. L. 99-410, §1, Aug. 28, 1986, 100 Stat. 924, provided that: "This Act [see Tables for classification] may be cited as the 'Uniformed and Overseas Citizens Absentee Voting Act'. " SHORT TITLE OF 1984 ACT Pub. L. 98-435, §1, Sept. 28, 1984, 98 Stat. 1678, provided that: "This Act [see Tables for classification] may be cited as the 'Voting Accessibility for the Elderly and Handicapped Act'. " SHORT TITLE OF 1982 ACT Pub. L. 97-205, §1, June 29, 1982, 96 Stat. 131, provided: "That this Act [see Tables for classification] may be cited as the 'Voting Rights Act Amendments of 1982'. " SHORT TITLE OF 1980 ACT Pub. L. 96-187, Jan. 8, 1980, 93 Stat. 1339, provided in part: "That this Act [see Tables for classification] may be cited as the 'Federal Election Campaign Act Amendments of 1979'. " SHORT TITLE OF 1976 ACT[Release Point 118-106]
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Pub. L. 94-283, §1, May 11, 1976, 90 Stat. 475, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Election Campaign Act Amendments of 1976'. " SHORT TITLE OF 1975 ACT Pub. L. 94-203, §1, Jan. 2, 1976, 89 Stat. 1142, which provided that Pub. L. 94-203 (see Tables for classification) was to be cited as "Overseas Citizens Voting Rights Act of 1975", was repealed by Pub. L. 99-410, title II, §203, Aug. 28, 1986, 100 Stat. 930. SHORT TITLE OF 1974 ACT Pub. L. 93-443, Oct. 15, 1974, 88 Stat. 1263, provided in part: "That this Act [see Tables for classification] may be cited as the 'Federal Election Campaign Act Amendments of 1974'. " SHORT TITLE OF 1972 ACT Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, provided in part: "That this Act [see Tables for classification] may be cited as the 'Federal Election Campaign Act of 1971'. " SHORT TITLE OF 1970 ACT Pub. L. 91-285, §1, June 22, 1970, 84 Stat. 314, provided: "That this Act [see Tables for classification] may be cited as the 'Voting Rights Act Amendments of 1970'. " SHORT TITLE OF 1965 ACT Pub. L. 89-110, §1, Aug. 6, 1965, 79 Stat. 437, provided that: "This Act [see Tables for classification] shall be known as the 'Voting Rights Act of 1965'. " SHORT TITLE OF 1960 ACT Pub. L. 86-449, §1, May 6, 1960, 74 Stat. 86, provided that: "This Act [see Tables for classification] may be cited as the 'Civil Rights Act of 1960'. " SHORT TITLE OF 1957 ACT Pub. L. 85-315, pt. V, §161, Sept. 9, 1957, 71 Stat. 638, provided that: "This Act [see Tables for classification] may be cited as the 'Civil Rights Act of 1957'. " SHORT TITLE OF 1955 ACT Act Aug. 9, 1955, ch. 656, §1, 69 Stat. 584, which provided that such Act (see Tables for classification) was to be cited as "The Federal Voting Assistance Act of 1955", was repealed by Pub. L. 99-410, title II, §203, Aug. 28, 1986, 100 Stat. 930. SEPARABILITY Pub. L. 86-449, title VII, §701, May 6, 1960, 74 Stat. 92, provided that: "If any provisions of this Act [see Short Title of 1960 Act note above] is held invalid, the remainder of this Act shall not be affected thereby. " VOTER REGISTRATION DRIVES Pub. L. 98-473, title I, §101(j), Oct. 12, 1984, 98 Stat. 1963, provided that: "It is the sense of the Congress that— "(1) voter registration drives should be encouraged by governmental entities at all levels; and "(2) voter registration drives conducted by State governments on a nonpartisan basis do not violate the provisions of the Intergovernmental Personnel Act (42 U. S. C. 4728, 4763). " §10102. Interference with freedom of elections No officer of the Army, Navy, or Air Force of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State. (R. S. §2003. ) EDITORIAL NOTES[Release Point 118-106]
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Construction. 10314. Separability. 10313. Authorization of appropriations. 10312. Impairment of voting rights of persons holding current registration. 10311. Enforcement proceedings. 10310. Termination of assignment of observers. 10309. Civil and criminal sanctions. 10308. Prohibited acts. 10307. Poll taxes. 10306. Use of observers. 10305. Alteration of voting qualifications; procedure and appeal; purpose or effect of diminishing the ability of citizens to elect their preferred candidates. 10304. Suspension of the use of tests or devices in determining eligibility to vote. 10303. Proceeding to enforce the right to vote. 10302. Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation. 10301. Sec. CODIFICATION Section was formerly classified to section 1972 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section, and to section 32 of Title 8, Aliens and Nationality. R. S. §2003 derived from act Feb. 25, 1865, ch. 52, §1, 13 Stat. 437. Air Force inserted to conform to act July 26, 1947, ch. 343, title II, §207(a), (f), 61 Stat. 502, which established a separate Department of the Air Force, and Secretary of Defense Transfer Order No. 40 [App. A(10)], July 22, 1949, which transferred certain functions to the Air Force. Section 207(a), (f) of act July 26, 1947, was repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641. Act Aug. 10, 1956, ch. 1041, 70A Stat. 1, enacted "Title 10, Armed Forces", which in sections 8010 to 8013 continued Department of the Air Force under administrative supervision of Secretary of the Air Force. CHAPTER 103—ENFORCEMENT OF VOTING RIGHTS          §10301. Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation (a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title, as provided in subsection (b). (b) A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered:, That nothing in this section establishes a right to Provided have members of a protected class elected in numbers equal to their proportion in the population. (Pub. L. 89-110, title I, §2, Aug. 6, 1965, 79 Stat. 437; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title II, §206, Aug. 6, 1975, 89 Stat. 402; Pub. L. 97-205, §3, June 29, 1982, 96 Stat. 134. ) EDITORIAL NOTES[Release Point 118-106]
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CODIFICATION Section was formerly classified to section 1973 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 1982—Pub. L. 97-205 redesignated existing provisions as subsec. (a), struck out the comma after "voting", substituted "in a manner which results in a denial or abridgement of" for "to deny or abridge", inserted ", as provided in subsection (b)" after "in contravention of the guarantees set forth in section 1973b(f)(2) of this title", and added subsec. (b). 1975—Pub. L. 94-73 substituted "race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "race or color". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97-205, §6, June 29, 1982, 96 Stat. 135, provided that: "Except as otherwise provided in this Act [see Tables for classification], the amendments made by this Act shall take effect on the date of the enactment of this Act [June 29, 1982]. " SEPARABILITY Pub. L. 94-73, title II, §208, Aug. 6, 1975, 89 Stat. 402, provided that: "If any amendments made by this Act [see Tables for classification] or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of the Voting Rights Act of 1965 [this chapter and chapters 105 and 107 of this title], or the application of such provision to other persons or circumstances shall not be affected by such determination. " CONGRESSIONAL PURPOSE AND FINDINGS Pub. L. 109-246, §2, July 27, 2006, 120 Stat. 577, provided that: "(a). —The purpose of this Act [see Tables for classification] is to ensure that the right of all PURPOSE citizens to vote, including the right to register to vote and cast meaningful votes, is preserved and protected as guaranteed by the Constitution. "(b). —The Congress finds the following: FINDINGS "(1) Significant progress has been made in eliminating first generation barriers experienced by minority voters, including increased numbers of registered minority voters, minority voter turnout, and minority representation in Congress, State legislatures, and local elected offices. This progress is the direct result of the Voting Rights Act of 1965 [this chapter and chapters 105 and 107 of this title]. "(2) However, vestiges of discrimination in voting continue to exist as demonstrated by second generation barriers constructed to prevent minority voters from fully participating in the electoral process. "(3) The continued evidence of racially polarized voting in each of the jurisdictions covered by the expiring provisions of the Voting Rights Act of 1965 demonstrates that racial and language minorities remain politically vulnerable, warranting the continued protection of the Voting Rights Act of 1965. "(4) Evidence of continued discrimination includes— "(A) the hundreds of objections interposed, requests for more information submitted followed by voting changes withdrawn from consideration by jurisdictions covered by the Voting Rights Act of 1965, and section 5 [52 U. S. C. 10304] enforcement actions undertaken by the Department of Justice in covered jurisdictions since 1982 that prevented election practices, such as annexation, at-large voting, and the use of multi-member districts, from being enacted to dilute minority voting strength; "(B) the number of requests for declaratory judgments denied by the United States District Court for the District of Columbia; "(C) the continued filing of section 2 [52 U. S. C. 10301] cases that originated in covered jurisdictions; and "(D) the litigation pursued by the Department of Justice since 1982 to enforce sections 4(e), 4(f)(4), and 203 of such Act [52 U. S. C. 10303(e), (f)(4), 10503] to ensure that all language minority citizens have full access to the political process. "(5) The evidence clearly shows the continued need for Federal oversight in jurisdictions covered by the Voting Rights Act of 1965 since 1982, as demonstrated in the counties certified by the Attorney General for Federal examiner and observer coverage and the tens of thousands of Federal observers that have been[Release Point 118-106]
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dispatched to observe elections in covered jurisdictions. "(6) The effectiveness of the Voting Rights Act of 1965 has been significantly weakened by the United States Supreme Court decisions in Reno v. Bossier Parish II and Georgia v. Ashcroft, which have misconstrued Congress' original intent in enacting the Voting Rights Act of 1965 and narrowed the protections afforded by section 5 of such Act [52 U. S. C. 10304]. "(7) Despite the progress made by minorities under the Voting Rights Act of 1965, the evidence before Congress reveals that 40 years has not been a sufficient amount of time to eliminate the vestiges of discrimination following nearly 100 years of disregard for the dictates of the 15th amendment and to ensure that the right of all citizens to vote is protected as guaranteed by the Constitution. "(8) Present day discrimination experienced by racial and language minority voters is contained in evidence, including the objections interposed by the Department of Justice in covered jurisdictions; the section 2 [52 U. S. C. 10301] litigation filed to prevent dilutive techniques from adversely affecting minority voters; the enforcement actions filed to protect language minorities; and the tens of thousands of Federal observers dispatched to monitor polls in jurisdictions covered by the Voting Rights Act of 1965. "(9) The record compiled by Congress demonstrates that, without the continuation of the Voting Rights Act of 1965 protections, racial and language minority citizens will be deprived of the opportunity to exercise their right to vote, or will have their votes diluted, undermining the significant gains made by minorities in the last 40 years. " §10302. Proceeding to enforce the right to vote (a) Authorization by court for appointment of Federal observers Whenever the Attorney General or an aggrieved person institutes a proceeding under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court shall authorize the appointment of Federal observers by the Director of the Office of Personnel Management in accordance with section 1973d  of title 42 to serve for such1 period of time and for such political subdivisions as the court shall determine is appropriate to enforce the voting guarantees of the fourteenth or fifteenth amendment (1) as part of any interlocutory order if the court determines that the appointment of such observers is necessary to enforce such voting guarantees or (2) as part of any final judgment if the court finds that violations of the fourteenth or fifteenth amendment justifying equitable relief have occurred in such State or subdivision:, That the court need not authorize the appointment of observers if any Provided incidents of denial or abridgement of the right to vote on account of race or color, or in contravention of the voting guarantees set forth in section 10303(f)(2) of this title (1) have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future. (b) Suspension of use of tests and devices which deny or abridge the right to vote If in a proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court finds that a test or device has been used for the purpose or with the effect of denying or abridging the right of any citizen of the United States to vote on account of race or color, or in contravention of the voting guarantees set forth in section 10303(f)(2) of this title, it shall suspend the use of tests and devices in such State or political subdivisions as the court shall determine is appropriate and for such period as it deems necessary. (c) Retention of jurisdiction to prevent commencement of new devices to deny or abridge the right to vote If in any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court finds that violations of the fourteenth or fifteenth amendment justifying equitable relief have occurred within the territory of such State or political subdivision, the court, in addition to such relief as it may grant, shall retain jurisdiction for such period as it may deem[Release Point 118-106]
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appropriate and during such period no voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the voting guarantees set forth in section 10303(f)(2) of this title:, That such qualification,Provided prerequisite, standard, practice, or procedure may be enforced if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, except that neither the court's finding nor the Attorney General's failure to object shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. (Pub. L. 89-110, title I, §3, Aug. 6, 1965, 79 Stat. 437; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title II, §§205, 206, title IV, §§401, 410, Aug. 6, 1975, 89 Stat. 402, 404, 406; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F. R. 36037, 92 Stat. 3783; Pub. L. 109-246, §3(d)(1), July 27, 2006, 120 Stat. 580. ) EDITORIAL NOTES REFERENCES IN TEXT Section 1973d of title 42, referred to in subsec. (a), was repealed by Pub. L. 109-246, §3(c), July 27, 2006, 120 Stat. 580. CODIFICATION Section was formerly classified to section 1973a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 2006—Subsec. (a). Pub. L. 109-246 substituted "observers" for "examiners" wherever appearing. 1975—Subsec. (a). Pub. L. 94-73 inserted reference to fourteenth amendment in three places, and substituted "voting guarantees" for "guarantees" in three places, "Attorney General or an aggrieved person" for "Attorney General", and "on account of race or color or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". Subsec. (b). Pub. L. 94-73 substituted "Attorney General or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment" for "Attorney General under any statute to enforce the guarantees of the fifteenth amendment", and "on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". Subsec. (c). Pub. L. 94-73 substituted "Attorney General or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court finds that violations of the fourteenth or fifteenth amendment" for "Attorney General under any statute to enforce the guarantees of the fifteenth amendment in any State or political subdivision the court finds that violations of the fifteenth amendment" and "on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". EXECUTIVE DOCUMENTS TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management" substituted for "United States Civil Service Commission" in subsec. (a) pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F. R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F. R. 1055, set out under section 1101 of Title 5. [Release Point 118-106]
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 See References in Text note below. 1 §10303. Suspension of the use of tests or devices in determining eligibility to vote (a) Action by State or political subdivision for declaratory judgment of no denial or abridgement; three-judge district court; appeal to Supreme Court; retention of jurisdiction by three-judge court (1) To assure that the right of citizens of the United States to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under the first two sentences of subsection (b) or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia issues a declaratory judgment under this section. No citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under the third sentence of subsection (b) of this section or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia issues a declaratory judgment under this section. A declaratory judgment under this section shall issue only if such court determines that during the ten years preceding the filing of the action, and during the pendency of such action— (A) no such test or device has been used within such State or political subdivision for the purpose or with the effect of denying or abridging the right to vote on account of race or color or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2); (B) no final judgment of any court of the United States, other than the denial of declaratory judgment under this section, has determined that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such State or political subdivision or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision and no consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds; and no declaratory judgment under this section shall be entered during the pendency of an action commenced before the filing of an action under this section and alleging such denials or abridgements of the right to vote; (C) no Federal examiners or observers under chapters 103 to 107 of this title have been assigned to such State or political subdivision; (D) such State or political subdivision and all governmental units within its territory have complied with section 10304 of this title, including compliance with the requirement that no change covered by section 10304 of this title has been enforced without preclearance under section 10304 of this title, and have repealed all changes covered by section 10304 of this title to which the Attorney General has successfully objected or as to which the United States District Court for the District of Columbia has denied a declaratory judgment; (E) the Attorney General has not interposed any objection (that has not been overturned by a final judgment of a court) and no declaratory judgment has been denied under section 10304 of this title, with respect to any submission by or on behalf of the plaintiff or any governmental unit[Release Point 118-106]
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within its territory under section 10304 of this title, and no such submissions or declaratory judgment actions are pending; and (F) such State or political subdivision and all governmental units within its territory— (i) have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process; (ii) have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under chapters 103 to 107 of this title; and (iii) have engaged in other constructive efforts, such as expanded opportunity for convenient registration and voting for every person of voting age and the appointment of minority persons as election officials throughout the jurisdiction and at all stages of the election and registration process. (2) To assist the court in determining whether to issue a declaratory judgment under this subsection, the plaintiff shall present evidence of minority participation, including evidence of the levels of minority group registration and voting, changes in such levels over time, and disparities between minority-group and non-minority-group participation. (3) No declaratory judgment shall issue under this subsection with respect to such State or political subdivision if such plaintiff and governmental units within its territory have, during the period beginning ten years before the date the judgment is issued, engaged in violations of any provision of the Constitution or laws of the United States or any State or political subdivision with respect to discrimination in voting on account of race or color or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2) unless the plaintiff establishes that any such violations were trivial, were promptly corrected, and were not repeated. (4) The State or political subdivision bringing such action shall publicize the intended commencement and any proposed settlement of such action in the media serving such State or political subdivision and in appropriate United States post offices. Any aggrieved party may as of right intervene at any stage in such action. (5) An action pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. The court shall retain jurisdiction of any action pursuant to this subsection for ten years after judgment and shall reopen the action upon motion of the Attorney General or any aggrieved person alleging that conduct has occurred which, had that conduct occurred during the ten-year periods referred to in this subsection, would have precluded the issuance of a declaratory judgment under this subsection. The court, upon such reopening, shall vacate the declaratory judgment issued under this section if, after the issuance of such declaratory judgment, a final judgment against the State or subdivision with respect to which such declaratory judgment was issued, or against any governmental unit within that State or subdivision, determines that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such State or political subdivision or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision, or if, after the issuance of such declaratory judgment, a consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds. (6) If, after two years from the date of the filing of a declaratory judgment under this subsection, no date has been set for a hearing in such action, and that delay has not been the result of an avoidable delay on the part of counsel for any party, the chief judge of the United States District Court for the District of Columbia may request the Judicial Council for the Circuit of the District of Columbia to provide the necessary judicial resources to expedite any action filed under this section. If such resources are unavailable within the circuit, the chief judge shall file a certificate of necessity in accordance with section 292(d) of title 28. (7) The Congress shall reconsider the provisions of this section at the end of the fifteen-year[Release Point 118-106]
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period following the effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006. (8) The provisions of this section shall expire at the end of the twenty-five-year period following the effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006. (9) Nothing in this section shall prohibit the Attorney General from consenting to an entry of judgment if based upon a showing of objective and compelling evidence by the plaintiff, and upon investigation, he is satisfied that the State or political subdivision has complied with the requirements of subsection (a)(1). Any aggrieved party may as of right intervene at any stage in such action. (b) Required factual determinations necessary to allow suspension of compliance with tests and devices; publication in Federal Register The provisions of subsection (a) shall apply in any State or in any political subdivision of a State which (1) the Attorney General determines maintained on November 1, 1964, any test or device, and with respect to which (2) the Director of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1964, or that less than 50 per centum of such persons voted in the presidential election of November 1964. On and after August 6, 1970, in addition to any State or political subdivision of a State determined to be subject to subsection (a) pursuant to the previous sentence, the provisions of subsection (a) shall apply in any State or any political subdivision of a State which (i) the Attorney General determines maintained on November 1, 1968, any test or device, and with respect to which (ii) the Director of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1968, or that less than 50 per centum of such persons voted in the presidential election of November 1968. On and after August 6, 1975, in addition to any State or political subdivision of a State determined to be subject to subsection (a) pursuant to the previous two sentences, the provisions of subsection (a) shall apply in any State or any political subdivision of a State which (i) the Attorney General determines maintained on November 1, 1972, any test or device, and with respect to which (ii) the Director of the Census determines that less than 50 per centum of the citizens of voting age were registered on November 1, 1972, or that less than 50 per centum of such persons voted in the Presidential election of November 1972. A determination or certification of the Attorney General or of the Director of the Census under this section or under section 10305 or 10309 of this title shall not be reviewable in any court and shall be effective upon publication in the Federal Register. (c) "Test or device" defined The phrase "test or device" shall mean any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class. (d) Required frequency, continuation and probable recurrence of incidents of denial or abridgement to constitute forbidden use of tests or devices For purposes of this section no State or political subdivision shall be determined to have engaged in the use of tests or devices for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) if (1) incidents of such use have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future. (e) Completion of requisite grade level of education in American-flag schools in which the predominant classroom language was other than English (1) Congress hereby declares that to secure the rights under the fourteenth amendment of persons[Release Point 118-106]
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educated in American-flag schools in which the predominant classroom language was other than English, it is necessary to prohibit the States from conditioning the right to vote of such persons on ability to read, write, understand, or interpret any matter in the English language. (2) No person who demonstrates that he has successfully completed the sixth primary grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico in which the predominant classroom language was other than English, shall be denied the right to vote in any Federal, State, or local election because of his inability to read, write, understand, or interpret any matter in the English language, except that in States in which State law provides that a different level of education is presumptive of literacy, he shall demonstrate that he has successfully completed an equivalent level of education in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico in which the predominant classroom language was other than English. (f) Congressional findings of voting discrimination against language minorities; prohibition of English-only elections; other remedial measures (1) The Congress finds that voting discrimination against citizens of language minorities is pervasive and national in scope. Such minority citizens are from environments in which the dominant language is other than English. In addition they have been denied equal educational opportunities by State and local governments, resulting in severe disabilities and continuing illiteracy in the English language. The Congress further finds that, where State and local officials conduct elections only in English, language minority citizens are excluded from participating in the electoral process. In many areas of the country, this exclusion is aggravated by acts of physical, economic, and political intimidation. The Congress declares that, in order to enforce the guarantees of the fourteenth and fifteenth amendments to the United States Constitution, it is necessary to eliminate such discrimination by prohibiting English-only elections, and by prescribing other remedial devices. (2) No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote because he is a member of a language minority group. (3) In addition to the meaning given the term under subsection (c), the term "test or device" shall also mean any practice or requirement by which any State or political subdivision provided any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, only in the English language, where the Director of the Census determines that more than five per centum of the citizens of voting age residing in such State or political subdivision are members of a single language minority. With respect to subsection (b), the term "test or device", as defined in this subsection, shall be employed only in making the determinations under the third sentence of that subsection. (4) Whenever any State or political subdivision subject to the prohibitions of the second sentence of subsection (a) provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable language minority group as well as in the English language:,Provided That where the language of the applicable minority group is oral or unwritten or in the case of Alaskan Natives and American Indians, if the predominate language is historically unwritten, the State or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting. (Pub. L. 89-110, title I, §4, Aug. 6, 1965, 79 Stat. 438; renumbered title I and amended Pub. L. 91-285, §§2-4, June 22, 1970, 84 Stat. 314, 315; Pub. L. 94-73, title I, §101, title II, §§201-203, 206, Aug. 6, 1975, 89 Stat. 400-402; Pub. L. 97-205, §2(a)-(c), June 29, 1982, 96 Stat. 131-133; Pub. L. 109-246, §§3(d)(2), (e)(1), 4, July 27, 2006, 120 Stat. 580; Pub. L. 110-258, §2, July 1, 2008, 122 Stat. 2428. ) EDITORIAL NOTES[Release Point 118-106]
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REFERENCES IN TEXT The effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006, referred to in subsec. (a)(7), (8), is the date of enactment of Pub. L. 109-246, which was approved July 27, 2006. See section 10314 of this title. CODIFICATION Section was formerly classified to section 1973b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. CONSTITUTIONALITY For information regarding the constitutionality of certain provisions of this section, formerly classified to section 1973b of Title 42, The Public Health and Welfare, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution. congress. gov. AMENDMENTS 2008—Subsec. (a)(7), (8). Pub. L. 110-258 substituted "Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia" for "and Coretta Scott King". 2006—Subsec. (a)(1)(C). Pub. L. 109-246, §3(d)(2), inserted "or observers" after "examiners". Subsec. (a)(7), (8). Pub. L. 109-246, §4, substituted "Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006" for "Voting Rights Act Amendments of 1982". Subsec. (b). Pub. L. 109-246, §3(e)(1), substituted "section 1973f" for "section 1973d". 1982—Subsec. (a). Pub. L. 97-205, §2(a), (b), substituted "nineteen years" for "seventeen years" in three places, effective June 29, 1982, and, effective on and after Aug. 5, 1985, completely revised subsec. (a). Prior to such revision, subsec. (a) consisted of 4 undesignated paragraphs reading as follows: "To assure that the right of citizens of the United States to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under the first two sentences of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the seventeen years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color:, That no such declaratory judgment shall issue with respect to any plaintiff for a Provided period of seventeen years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after August 6, 1965, determining that denials or abridgments of the right to vote on account of race or color through the use of such tests or devices have occurred any where in the territory of such plaintiff. No citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under the third sentence of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the ten years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section:, That no such declaratory judgment shall issue with respect Provided to any plaintiff for a period of ten years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this paragraph, determining that denials or abridgments of the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section through the use of tests or devices have occurred anywhere in the territory of such plaintiff. "An action pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. The court shall retain jurisdiction of any action pursuant to this subsection for five years after judgment and shall[Release Point 118-106]
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reopen the action upon motion of the Attorney General alleging that a test or device has been used for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section. "If the Attorney General determines that he has no reason to believe that any such test or device has been used during the seventeen years preceding the filing of an action under the first sentence of this subsection for the purpose or with the effect of denying or abridging the right to vote on account of race or color, he shall consent to the entry of such judgment. "If the Attorney General determines that he has no reason to believe that any such test or device has been used during the ten years preceding the filing of an action under the second sentence of this subsection for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section, he shall consent to the entry of such judgment. " Subsec. (f)(4). Pub. L. 97-205, §2(c), inserted "or in the case of Alaskan Natives and American Indians, if the predominate language is historically unwritten". 1975—Subsec. (a). Pub. L. 94-73, §§101, 201, 206, in first par., substituted "seventeen years" for "ten years" in two places, and "determinations have been made under the first two sentences of subsection (b)" for "determinations have been made under subsection (b)", inserted provisions that no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any state with respect to which the determinations have been made under the third sentence of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such state or subdivision against the United States has determined that no such test or device has been used during the ten years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section with the proviso that no such declaratory judgment shall issue with respect to any plaintiff for a period of ten years after the entry of final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this paragraph, determining that denials or abridgments of the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section through the use of tests or devices have occurred anywhere in the territory of such plaintiff, in second par., substituted "on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2)" for "on account of race or color", in third par., substituted "seventeen years preceding the filing of an action under the first sentence of this subsection" for "ten years preceding the filing of the action", and added fourth par. Subsec. (b). Pub. L. 94-73, §202, inserted provisions that on and after August 6, 1975, in addition to any State or political subdivision of a State determined to be subject to subsection (a) pursuant to the previous two sentences, the provisions of subsection (a) shall apply in any State or any political subdivision of a State which the Attorney General determines maintained on November 1, 1972, any test or device, and with respect to which the Director of the Census determines that less than 50 per centum of the citizens of voting age were registered on November 1, 1972, or that less than 50 per centum of such persons voted in the Presidential election of November, 1972. Subsec. (d). Pub. L. 94-73, §206, substituted "on account of race or color or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". Subsec. (f). Pub. L. 94-73, §203, added subsec. (f). 1970—Subsec. (a). Pub. L. 91-285, §3, substituted "ten" for "five" years in first and third pars. Subsec. (b). Pub. L. 91-285, §4, inserted provision respecting the making of factual determinations concerning maintenance of any test or device on Nov. 1, 1968, registration of less than 50 per centum of persons of voting age on Nov. 1, 1968, and voting by less than 50 per centum of such persons in the presidential election of November 1968. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1982 AMENDMENT Amendment by section 2(a), (c) of Pub. L. 97-205 effective June 29, 1982, see section 6 of Pub. L. 97-205, set out as a note under section 10301 of this title. Pub. L. 97-205, §2(b), June 29, 1982, 96 Stat. 131, provided that the amendment made by that section is effective on and after Aug. 5, 1984. [Release Point 118-106]
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§10304. Alteration of voting qualifications; procedure and appeal; purpose or effect of diminishing the ability of citizens to elect their preferred candidates (a) Whenever a State or political subdivision with respect to which the prohibitions set forth in section 10303(a) of this title based upon determinations made under the first sentence of section 10303(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 10303(a) of this title based upon determinations made under the second sentence of section 10303(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1968, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 10303(a) of this title based upon determinations made under the third sentence of section 10303(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972, such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title, and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure:, That such qualification, prerequisite, standard, practice, or procedure may be Provided enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. In the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. (b) Any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title, to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of subsection (a) of this section. (c) The term "purpose" in subsections (a) and (b) of this section shall include any discriminatory purpose. (d) The purpose of subsection (b) of this section is to protect the ability of such citizens to elect their preferred candidates of choice. (Pub. L. 89-110, title I, §5, Aug. 6, 1965, 79 Stat. 439; renumbered title I and amended Pub. L. 91-285, §§2, 5, June 22, 1970, 84 Stat. 314, 315; Pub. L. 94-73, title II, §§204, 206, title IV, §405, Aug. 6, 1975, 89 Stat. 402, 404; Pub. L. 109-246, §5, July 27, 2006, 120 Stat. 580. ) EDITORIAL NOTES[Release Point 118-106]
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CODIFICATION Section was formerly classified to section 1973c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 2006—Pub. L. 109-246 designated existing provisions as subsec. (a), substituted "neither has the purpose nor will have the effect" for "does not have the purpose and will not have the effect", and added subsecs. (b) to (d). 1975—Pub. L. 94-73 inserted "or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under third sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972," after 1968, substituted "or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object," for "except that neither the Attorney General's failure to object", and "on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color", and inserted provisions that in the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to examine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section. 1970—Pub. L. 91-285 inserted "based upon determinations made under the first sentence of section 1973b(b) of this title" after "section 1973b(a) of this title" and "or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the second sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1968," after "1964,". §10305. Use of observers (a) Assignment Whenever— (1) a court has authorized the appointment of observers under section 10302(a) of this title for a political subdivision; or (2) the Attorney General certifies with respect to any political subdivision named in, or included within the scope of, determinations made under section 10303(b) of this title, unless a declaratory judgment has been rendered under section 10303(a) of this title, that— (A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title are likely to occur; or (B) in the Attorney General's judgment (considering, among other factors, whether the ratio of nonwhite persons to white persons registered to vote within such subdivision appears to the Attorney General to be reasonably attributable to violations of the 14th or 15th amendment or whether substantial evidence exists that bona fide efforts are being made within such subdivision to comply with the 14th or 15th amendment), the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th amendment; the Director of the Office of Personnel Management shall assign as many observers for such subdivision as the Director may deem appropriate. (b) Status Except as provided in subsection (c), such observers shall be assigned, compensated, and[Release Point 118-106]
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separated without regard to the provisions of any statute administered by the Director of the Office of Personnel Management, and their service under chapters 103 to 107 of this title shall not be considered employment for the purposes of any statute administered by the Director of the Office of Personnel Management, except the provisions of section 7324 of title 5 prohibiting partisan political activity. (c) Designation The Director of the Office of Personnel Management is authorized to, after consulting the head of the appropriate department or agency, designate suitable persons in the official service of the United States, with their consent, to serve in these positions. (d) Authority Observers shall be authorized to— (1) enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote; and (2) enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of observing whether votes cast by persons entitled to vote are being properly tabulated. (e) Investigation and report Observers shall investigate and report to the Attorney General, and if the appointment of observers has been authorized pursuant to section 10302(a) of this title, to the court. (Pub. L. 89-110, title I, §8, Aug. 6, 1965, 79 Stat. 441; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314; amended Pub. L. 109-246, §3(a), July 27, 2006, 120 Stat. 578. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973f of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 2006—Pub. L. 109-246 amended section generally. Prior to amendment, text of section read as follows: "Whenever an examiner is serving under subchapters I-A to I-C of this chapter in any political subdivision, the Director of the Office of Personnel Management may assign, at the request of the Attorney General, one or more persons, who may be officers of the United States, (1) to enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote, and (2) to enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of observing whether votes cast by persons entitled to vote are being properly tabulated. Such persons so assigned shall report to an examiner appointed for such political subdivision, to the Attorney General, and if the appointment of examiners has been authorized pursuant to section 1973a(a) of this title, to the court. " §10306. Poll taxes (a) Congressional finding and declaration of policy against enforced payment of poll taxes as a device to impair voting rights The Congress finds that the requirement of the payment of a poll tax as a precondition to voting (i) precludes persons of limited means from voting or imposes unreasonable financial hardship upon such persons as a precondition to their exercise of the franchise, (ii) does not bear a reasonable relationship to any legitimate State interest in the conduct of elections, and (iii) in some areas has the[Release Point 118-106]
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purpose or effect of denying persons the right to vote because of race or color. Upon the basis of these findings, Congress declares that the constitutional right of citizens to vote is denied or abridged in some areas by the requirement of the payment of a poll tax as a precondition to voting. (b) Authority of Attorney General to institute actions for relief against enforcement of poll tax requirement In the exercise of the powers of Congress under section 5 of the fourteenth amendment, section 2 of the fifteenth amendment and section 2 of the twenty-fourth amendment, the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions, including actions against States or political subdivisions, for declaratory judgment or injunctive relief against the enforcement of any requirement of the payment of a poll tax as a precondition to voting, or substitute therefor enacted after November 1, 1964, as will be necessary to implement the declaration of subsection (a) and the purposes of this section. (c) Jurisdiction of three-judge district courts; appeal to Supreme Court The district courts of the United States shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. (Pub. L. 89-110, title I, §10, Aug. 6, 1965, 79 Stat. 442; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title IV, §408, Aug. 6, 1975, 89 Stat. 405. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973h of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 1975—Subsec. (b). Pub. L. 94-73, §408(2), (3), inserted reference to section 2 of twenty-fourth amendment. Subsec. (d). Pub. L. 94-73, §408(1), struck out subsec. (d) which related to post-payment of poll taxes in event of a judicial declaration of constitutionality. §10307. Prohibited acts (a) Failure or refusal to permit casting or tabulation of vote No person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of chapters 103 to 107 of this title or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person's vote. (b) Intimidation, threats, or coercion No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under section 10302(a), 10305, 10306, or 10308(e) of this title or section 1973d or 1973g of title 42. 1 (c) False information in registering or voting; penalties Whoever knowingly or willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or[Release Point 118-106]
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illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: Provided,, That this provision shall be applicable only to general, special, or primary elections heldhowever solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico. (d) Falsification or concealment of material facts or giving of false statements in matters within jurisdiction of examiners or hearing officers; penalties Whoever, in any matter within the jurisdiction of an examiner or hearing officer knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. (e) Voting more than once (1) Whoever votes more than once in an election referred to in paragraph (2) shall be fined not more than $10,000 or imprisoned not more than five years, or both. (2) The prohibition of this subsection applies with respect to any general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico. (3) As used in this subsection, the term "votes more than once" does not include the casting of an additional ballot if all prior ballots of that voter were invalidated, nor does it include the voting in two jurisdictions under section 10502 of this title, to the extent two ballots are not cast for an election to the same candidacy or office. (Pub. L. 89-110, title I, §11, Aug. 6, 1965, 79 Stat. 443; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314; amended Pub. L. 91-405, title II, §204(e), Sept. 22, 1970, 84 Stat. 853; Pub. L. 94-73, title IV, §§404, 409, Aug. 6, 1975, 89 Stat. 404, 405. ) EDITORIAL NOTES REFERENCES IN TEXT Sections 1973d and 1973g of title 42, referred to in subsec. (b), were repealed by Pub. L. 109-246, §3(c), July 27, 2006, 120 Stat. 580. CODIFICATION Section was formerly classified to section 1973i of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 1975—Subsec. (c). Pub. L. 94-73, §404, inserted reference to Guam and Virgin Islands. Subsec. (e). Pub. L. 94-73, §409, added subsec. (e). 1970—Subsec. (c). Pub. L. 91-405 substituted reference to Delegate from District of Columbia for Delegates or Commissioners from territories or possessions. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91-405, set out as an Effective Date note under section 25a of Title 2, The Congress.  See References in Text note below. 1[Release Point 118-106]
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§10308. Civil and criminal sanctions (a) Depriving or attempting to deprive persons of secured rights Whoever shall deprive or attempt to deprive any person of any right secured by section 10301, 10302, 10303, 10304, or 10306 of this title or shall violate section 10307(a) of this title, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (b) Destroying, defacing, mutilating, or altering ballots or official voting records Whoever, within a year following an election in a political subdivision in which an observer has been assigned (1) destroys, defaces, mutilates, or otherwise alters the marking of a paper ballot which has been cast in such election, or (2) alters any official record of voting in such election tabulated from a voting machine or otherwise, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (c) Conspiring to violate or interfere with secured rights Whoever conspires to violate the provisions of subsection (a) or (b) of this section, or interferes with any right secured by section 10301, 10302, 10303, 10304, 10306, or 10307(a) of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both. (d) Civil action by Attorney General for preventive relief; injunctive and other relief Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 10301, 10302, 10303, 10304, 10306, or 10307 of this title, section 1973e of title 42, or subsection (b) of this section, the Attorney General1 may institute for the United States, or in the name of the United States, an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order directed to the State and State or local election officials to require them (1) to permit persons listed under chapters 103 to 107 of this title to vote and (2) to count such votes. (e) Proceeding by Attorney General to enforce the counting of ballots of registered and eligible persons who are prevented from voting Whenever in any political subdivision in which there are observers appointed pursuant to chapters 103 to 107 of this title any persons allege to such an observer within forty-eight hours after the closing of the polls that notwithstanding (1) their listing under chapters 103 to 107 of this title or registration by an appropriate election official and (2) their eligibility to vote, they have not been permitted to vote in such election, the observer shall forthwith notify the Attorney General if such allegations in his opinion appear to be well founded. Upon receipt of such notification, the Attorney General may forthwith file with the district court an application for an order providing for the marking, casting, and counting of the ballots of such persons and requiring the inclusion of their votes in the total vote before the results of such election shall be deemed final and any force or effect given thereto. The district court shall hear and determine such matters immediately after the filing of such application. The remedy provided in this subsection shall not preclude any remedy available under State or Federal law. (f) Jurisdiction of district courts; exhaustion of administrative or other remedies unnecessary The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether a person asserting rights under the provisions of chapters 103 to 107 of this title shall have exhausted any administrative or other remedies that may be provided by law. (Pub. L. 89-110, title I, §12, Aug. 6, 1965, 79 Stat. 443; Pub. L. 90-284, title I, §103(c), Apr. 11, 1968, 82 Stat. 75; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314; Pub. L. 109-246, §3(d)(3), (4), (e)(2), July 27, 2006, 120 Stat. 580. )[Release Point 118-106]
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EDITORIAL NOTES REFERENCES IN TEXT Section 1973e of title 42, referred to in subsec. (d), was repealed by Pub. L. 109-246, §3(c), July 27, 2006, 120 Stat. 580. CODIFICATION Section was formerly classified to section 1973j of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 2006—Subsec. (a). Pub. L. 109-246, §3(e)(2), struck out "1973e," after "1973c,". Subsec. (b). Pub. L. 109-246, §3(d)(3), substituted "an observer has been assigned" for "an examiner has been appointed". Subsec. (c). Pub. L. 109-246, §3(e)(2), struck out "1973e," after "1973c,". Subsec. (e). Pub. L. 109-246, §3(d)(4), substituted "observers" for "examiners" and substituted "observer" for "examiner" in two places. 1968—Subsecs. (a), (c). Pub. L. 90-284 struck out reference to violation of section 1973i(b) of this title.  See References in Text note below. 1 §10309. Termination of assignment of observers (a) In general The assignment of observers shall terminate in any political subdivision of any State— (1) with respect to observers appointed pursuant to section 10305 of this title or with respect to examiners certified under chapters 103 to 107 of this title before July 27, 2006, whenever the Attorney General notifies the Director of the Office of Personnel Management, or whenever the District Court for the District of Columbia determines in an action for declaratory judgment brought by any political subdivision described in subsection (b), that there is no longer reasonable cause to believe that persons will be deprived of or denied the right to vote on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title in such subdivision; and (2) with respect to observers appointed pursuant to section 10302(a) of this title, upon order of the authorizing court. (b) Political subdivision with majority of nonwhite persons registered A political subdivision referred to in subsection (a)(1) is one with respect to which the Director of the Census has determined that more than 50 per centum of the nonwhite persons of voting age residing therein are registered to vote. (c) Petition for termination A political subdivision may petition the Attorney General for a termination under subsection (a)(1). (Pub. L. 89-110, title I, §13, Aug. 6, 1965, 79 Stat. 444; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title II, §206, Aug. 6, 1975, 89 Stat. 402; Pub. L. 109-246, §3(b), July 27, 2006, 120 Stat. 579; Pub. L. 110-258, §2, July 1, 2008, 122 Stat. 2428. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973k of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. [Release Point 118-106]
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AMENDMENTS 2008—Subsec. (a)(1). Pub. L. 110-258 made technical amendment to reference in original act which appears in text as reference to July 27, 2006. 2006—Pub. L. 109-246 amended section generally. Prior to amendment, section related to termination of listing procedures, basis for termination, and survey or census by the Director of the Census. 1975—Pub. L. 94-73 substituted "on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". §10310. Enforcement proceedings (a) Criminal contempt All cases of criminal contempt arising under the provisions of chapters 103 to 107 of this title shall be governed by section 1995 of title 42. (b) Jurisdiction of courts for declaratory judgment, restraining orders, or temporary or permanent injunction No court other than the District Court for the District of Columbia shall have jurisdiction to issue any declaratory judgment pursuant to section 10303 or 10304 of this title or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of chapters 103 to 107 of this title or any action of any Federal officer or employee pursuant hereto. (c) Definitions (1) The terms "vote" or "voting" shall include all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, registration, listing pursuant to this chapter, or other action required by law prerequisite to voting, casting a ballot, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public or party office and propositions for which votes are received in an election. (2) The term "political subdivision" shall mean any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a State which conducts registration for voting. (3) The term "language minorities" or "language minority group" means persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage. (d) Subpenas In any action for a declaratory judgment brought pursuant to section 10303 or 10304 of this title, subpenas for witnesses who are required to attend the District Court for the District of Columbia may be served in any judicial district of the United States:, That no writ of subpena shall issue Provided for witnesses without the District of Columbia at a greater distance than one hundred miles from the place of holding court without the permission of the District Court for the District of Columbia being first had upon proper application and cause shown. (e) Attorney's fees In any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, reasonable expert fees, and other reasonable litigation expenses as part of the costs. (Pub. L. 89-110, title I, §14, Aug. 6, 1965, 79 Stat. 445; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title II, §207, title IV, §402, Aug. 6, 1975, 89 Stat. 402, 404; Pub. L. 109-246, §§3(e)(3), 6, July 27, 2006, 120 Stat. 580, 581. ) EDITORIAL NOTES CODIFICATION[Release Point 118-106]
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Section was formerly classified to section 1973l of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (b). Pub. L. 109-246, §3(e)(3), struck out "or a court of appeals in any proceeding under section 1973g of this title" after "District of Columbia". Subsec. (e). Pub. L. 109-246, §6, inserted ", reasonable expert fees, and other reasonable litigation expenses" after "reasonable attorney's fee". 1975—Subsec. (c)(3). Pub. L. 94-73, §207, added par. (3). Subsec. (e). Pub. L. 94-73, §402, added subsec. (e). §10311. Impairment of voting rights of persons holding current registration Nothing in chapters 103 to 107 of this title shall be construed to deny, impair, or otherwise adversely affect the right to vote of any person registered to vote under the law of any State or political subdivision. (Pub. L. 89-110, title I, §17, Aug. 6, 1965, 79 Stat. 446; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973n of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. §10312. Authorization of appropriations There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of chapters 103 to 107 of this title. (Pub. L. 89-110, title I, §18, Aug. 6, 1965, 79 Stat. 446; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973o of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. §10313. Separability If any provision of chapters 103 to 107 of this title or the application thereof to any person or circumstances is held invalid, the remainder of chapters 103 to 107 of this title and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. (Pub. L. 89-110, title I, §19, Aug. 6, 1965, 79 Stat. 446; renumbered title I, Pub. L. 91-285, §2, June 22, 1970, 84 Stat. 314. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973p of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. [Release Point 118-106]
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Voting assistance for blind, disabled or illiterate persons. 10508. Survey to compile registration and voting statistics. 10507. Separability. 10506. Penalty. 10505. Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court. 10504. Bilingual election requirements. 10503. Residence requirements for voting. 10502. Application of prohibition to other States; "test or device" defined. 10501. Sec. §10314. Construction A reference in this chapter to the effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006 shall be considered to refer to, respectively, the effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006. (Pub. L. 89-110, title I, §20, as added Pub. L. 110-258, §3, July 1, 2008, 122 Stat. 2428. ) EDITORIAL NOTES REFERENCES IN TEXT The effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, referred to in text, is the date of enactment of Pub. L. 109-246, which was approved July 27, 2006. CODIFICATION Section was formerly classified to section 1973q of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. CHAPTER 105—SUPPLEMENTAL PROVISIONS          §10501. Application of prohibition to other States; "test or device" defined (a) No citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any Federal, State, or local election conducted in any State or political subdivision of a State. (b) As used in this section, the term "test or device" means any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class. (Pub. L. 89-110, title II, §201, as added Pub. L. 91-285, §6, June 22, 1970, 84 Stat. 315; amended Pub. L. 94-73, title I, §102, Aug. 6, 1975, 89 Stat. 400. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973aa of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment[Release Point 118-106]
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notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 1975—Subsec. (a). Pub. L. 94-73 struck out "Prior to August 6, 1975," and "as to which the provisions of section 1973b(a) of this title are not in effect by reason of determinations made under section 1973b(b) of this title". §10502. Residence requirements for voting (a) Congressional findings The Congress hereby finds that the imposition and application of the durational residency requirement as a precondition to voting for the offices of President and Vice President, and the lack of sufficient opportunities for absentee registration and absentee balloting in presidential elections— (1) denies or abridges the inherent constitutional right of citizens to vote for their President and Vice President; (2) denies or abridges the inherent constitutional right of citizens to enjoy their free movement across State lines; (3) denies or abridges the privileges and immunities guaranteed to the citizens of each State under article IV, section 2, clause 1, of the Constitution; (4) in some instances has the impermissible purpose or effect of denying citizens the right to vote for such officers because of the way they may vote; (5) has the effect of denying to citizens the equality of civil rights, and due process and equal protection of the laws that are guaranteed to them under the fourteenth amendment; and (6) does not bear a reasonable relationship to any compelling State interest in the conduct of presidential elections. (b) Congressional declaration: durational residency requirement, abolishment; absentee registration and balloting standards, establishment Upon the basis of these findings, Congress declares that in order to secure and protect the above-stated rights of citizens under the Constitution, to enable citizens to better obtain the enjoyment of such rights, and to enforce the guarantees of the fourteenth amendment, it is necessary (1) to completely abolish the durational residency requirement as a precondition to voting for President and Vice President, and (2) to establish nationwide, uniform standards relative to absentee registration and absentee balloting in presidential elections. (c) Prohibition of denial of right to vote because of durational residency requirement or absentee balloting No citizen of the United States who is otherwise qualified to vote in any election for President and Vice President shall be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to comply with any durational residency requirement of such State or political subdivision; nor shall any citizen of the United States be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to be physically present in such State or political subdivision at the time of such election, if such citizen shall have complied with the requirements prescribed by the law of such State or political subdivision providing for the casting of absentee ballots in such election. (d) Registration: time for application; absentee balloting: time of application and return of ballots For the purposes of this section, each State shall provide by law for the registration or other means of qualification of all duly qualified residents of such State who apply, not later than thirty days immediately prior to any presidential election, for registration or qualification to vote for the choice of electors for President and Vice President or for President and Vice President in such election; and each State shall provide by law for the casting of absentee ballots for the choice of electors for[Release Point 118-106]
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President and Vice President, or for President and Vice President, by all duly qualified residents of such State who may be absent from their election district or unit in such State on the day such election is held and who have applied therefor not later than seven days immediately prior to such election and have returned such ballots to the appropriate election official of such State not later than the time of closing of the polls in such State on the day of such election. (e) Change of residence; voting in person or by absentee ballot in State of prior residence If any citizen of the United States who is otherwise qualified to vote in any State or political subdivision in any election for President and Vice President has begun residence in such State or political subdivision after the thirtieth day next preceding such election and, for that reason, does not satisfy the registration requirements of such State or political subdivision he shall be allowed to vote for the choice of electors for President and Vice President, or for President and Vice President, in such election, (1) in person in the State or political subdivision in which he resided immediately prior to his removal if he had satisfied, as of the date of his change of residence, the requirements to vote in that State or political subdivision, or (2) by absentee ballot in the State or political subdivision in which he resided immediately prior to his removal if he satisfies, but for his nonresident status and the reason for his absence, the requirements for absentee voting in that State or political subdivision. (f) Absentee registration requirement No citizen of the United States who is otherwise qualified to vote by absentee ballot in any State or political subdivision in any election for President and Vice President shall be denied the right to vote for the choice of electors for President and Vice President, or for President and Vice President, in such election because of any requirement of registration that does not include a provision for absentee registration. (g) State or local adoption of less restrictive voting practices Nothing in this section shall prevent any State or political subdivision from adopting less restrictive voting practices than those that are prescribed herein. (h) "State" defined The term "State" as used in this section includes each of the several States and the District of Columbia. (i) False registration, and other fraudulent acts and conspiracies: application of penalty for false information in registering or voting The provisions of section 10307(c) of this title shall apply to false registration, and other fraudulent acts and conspiracies, committed under this section. (Pub. L. 89-110, title II, §202, as added Pub. L. 91-285, §6, June 22, 1970, 84 Stat. 316. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973aa-1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. §10503. Bilingual election requirements (a) Congressional findings and declaration of policy The Congress finds that, through the use of various practices and procedures, citizens of language minorities have been effectively excluded from participation in the electoral process. Among other factors, the denial of the right to vote of such minority group citizens is ordinarily directly related to the unequal educational opportunities afforded them resulting in high illiteracy and low voting[Release Point 118-106]
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participation. The Congress declares that, in order to enforce the guarantees of the fourteenth and fifteenth amendments to the United States Constitution, it is necessary to eliminate such discrimination by prohibiting these practices, and by prescribing other remedial devices. (b) Bilingual voting materials requirement (1) Generally Before August 6, 2032, no covered State or political subdivision shall provide voting materials only in the English language. (2) Covered States and political subdivisions (A) Generally A State or political subdivision is a covered State or political subdivision for the purposes of this subsection if the Director of the Census determines, based on the 2010 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable census data, that— (i)(I) more than 5 percent of the citizens of voting age of such State or political subdivision are members of a single language minority and are limited-English proficient; (II) more than 10,000 of the citizens of voting age of such political subdivision are members of a single language minority and are limited-English proficient; or (III) in the case of a political subdivision that contains all or any part of an Indian reservation, more than 5 percent of the American Indian or Alaska Native citizens of voting age within the Indian reservation are members of a single language minority and are limited-English proficient; and (ii) the illiteracy rate of the citizens in the language minority as a group is higher than the national illiteracy rate. (B) Exception The prohibitions of this subsection do not apply in any political subdivision that has less than 5 percent voting age limited-English proficient citizens of each language minority which comprises over 5 percent of the statewide limited-English proficient population of voting age citizens, unless the political subdivision is a covered political subdivision independently from its State. (3) Definitions As used in this section— (A) the term "voting materials" means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots; (B) the term "limited-English proficient" means unable to speak or understand English adequately enough to participate in the electoral process; (C) the term "Indian reservation" means any area that is an American Indian or Alaska Native area, as defined by the Census Bureau for the purposes of the 1990 decennial census; (D) the term "citizens" means citizens of the United States; and (E) the term "illiteracy" means the failure to complete the 5th primary grade. (4) Special rule The determinations of the Director of the Census under this subsection shall be effective upon publication in the Federal Register and shall not be subject to review in any court. (c) Requirement of voting notices, forms, instructions, assistance, or other materials and ballots in minority language Whenever any State or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language:, That where Provided the language of the applicable minority group is oral or unwritten or in the case of Alaskan natives[Release Point 118-106]
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and American Indians, if the predominant language is historically unwritten, the State or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting. (d) Action for declaratory judgment permitting English-only materials Any State or political subdivision subject to the prohibition of subsection (b) of this section, which seeks to provide English-only registration or voting materials or information, including ballots, may file an action against the United States in the United States District Court for a declaratory judgment permitting such provision. The court shall grant the requested relief if it determines that the illiteracy rate of the applicable language minority group within the State or political subdivision is equal to or less than the national illiteracy rate. (e) Definitions For purposes of this section, the term "language minorities" or "language minority group" means persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage. (Pub. L. 89-110, title II, §203, as added Pub. L. 94-73, title III, §301, Aug. 6, 1975, 89 Stat. 402; amended Pub. L. 97-205, §§2(d), 4, June 29, 1982, 96 Stat. 134; Pub. L. 102-344, §2, Aug. 26, 1992, 106 Stat. 921; Pub. L. 109-246, §§7, 8, July 27, 2006, 120 Stat. 581. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973aa-1a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (b)(1). Pub. L. 109-246, §7, substituted "2032" for "2007". Subsec. (b)(2)(A). Pub. L. 109-246, §8, substituted "the 2010 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable census data" for "census data" in introductory provisions. 1992—Subsec. (b). Pub. L. 102-344 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Prior to August 6, 1992, no State or political subdivision shall provide registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, only in the English language if the Director of the Census determines (i) that more than 5 percent of the citizens of voting age of such State or political subdivision are members of a single language minority and (ii) that the illiteracy rate of such persons as a group is higher than the national illiteracy rate: , That the prohibitions of this subsection shall not apply in any political subdivision which has less Provided than five percent voting age citizens of each language minority which comprises over five percent of the statewide population of voting age citizens. For purposes of this subsection, illiteracy means the failure to complete the fifth primary grade. The determinations of the Director of the Census under this subsection shall be effective upon publication in the Federal Register and shall not be subject to review in any court. " 1982—Subsec. (b). Pub. L. 97-205, §4, substituted "Prior to August 6, 1992" for "Prior to August 6, 1985". Subsec. (c). Pub. L. 97-205, §2(d), inserted "and American Indians" after "Alaskan natives". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-205 effective June 29, 1982, see section 6 of Pub. L. 97-205, set out as a note under section 10301 of this title. EXTENSION TO AUGUST 6, 1992, OF PROHIBITION ON USE OF VOTING INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS OR INFORMATION IN ENGLISH ONLY; LIMITATIONS BASED ON 1980 CENSUS AND SUBSEQUENT CENSUS DATA Pub. L. 97-205, §4, June 29, 1982, 96 Stat. 134, provided in part that: "[T]he extension made by this section [amending subsec. (b) of this section] shall apply only to determinations made by the Director of the Census under clause (i) of section 203(b) [subsec. (b)(i) of this section] for members of a single language[Release Point 118-106]
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minority who do not speak or understand English adequately enough to participate in the electoral process when such a determination can be made by the Director of the Census based on the 1980 and subsequent census data. " §10504. Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court Whenever the Attorney General has reason to believe that a State or political subdivision (a) has enacted or is seeking to administer any test or device as a prerequisite to voting in violation of the prohibition contained in section 10501 of this title, or (b) undertakes to deny the right to vote in any election in violation of section 10502 or 10503 of this title, he may institute for the United States, or in the name of the United States, an action in a district court of the United States, in accordance with sections 1391 through 1393  of title 28, for a restraining order, a preliminary or permanent1 injunction, or such other order as he deems appropriate. An action under this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall be to the Supreme Court. (Pub. L. 89-110, title II, §204, formerly §203, as added Pub. L. 91-285, §6, June 22, 1970, 84 Stat. 317; renumbered §204 and amended Pub. L. 94-73, title III, §§302, 303, title IV, §406, Aug. 6, 1975, 89 Stat. 403, 405. ) EDITORIAL NOTES REFERENCES IN TEXT Section 1393 of title 28, referred to in text, was repealed by Pub. L. 100-702, title X, §1001(a), Nov. 19, 1988, 102 Stat. 4664. CODIFICATION Section was formerly classified to section 1973aa-2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 1975—Pub. L. 94-73 inserted reference to section 1973aa-1a of this title and substituted reference to section 2284 of title 28 for reference to section 2282 of title 28.  See References in Text note below. 1 §10505. Penalty Whoever shall deprive or attempt to deprive any person of any right secured by section 10501, 10502, or 10503 of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both. (Pub. L. 89-110, title II, §205, formerly §204, as added Pub. L. 91-285, §6, June 22, 1970, 84 Stat. 317; renumbered §205 and amended Pub. L. 94-73, title III, §§302, 304, Aug. 6, 1975, 89 Stat. 403. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973aa-3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS[Release Point 118-106]
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1975—Pub. L. 94-73 inserted reference to section 1973aa-1a of this title. §10506. Separability If any provision of chapters 103 to 107 of this title or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of chapters 103 to 107 of this title or the application of such provision to other persons or circumstances shall not be affected by such determination. (Pub. L. 89-110, title II, §206, formerly §205, as added Pub. L. 91-285, §6, June 22, 1970, 84 Stat. 318; renumbered §206, Pub. L. 94-73, title III, §302, Aug. 6, 1975, 89 Stat. 403. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973aa-4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. §10507. Survey to compile registration and voting statistics (a) Elections to House of Representatives and elections designated by United States Commission on Civil Rights Congress hereby directs the Director of the Census forthwith to conduct a survey to compile registration and voting statistics: (i) in every State or political subdivision with respect to which the prohibitions of section 10303(a) of this title are in effect, for every statewide general election for Members of the United States House of Representatives after January 1, 1974; and (ii) in every State or political subdivision for any election designated by the United States Commission on Civil Rights. Such surveys shall only include a count of citizens of voting age, race or color, and national origin, and a determination of the extent to which such persons are registered to vote and have voted in the elections surveyed. (b) Prohibition against compulsion to disclose personal data; advice of rights In any survey under subsection (a) of this section no person shall be compelled to disclose his race, color, national origin, political party affiliation, or how he voted (or the reasons therefor), nor shall any penalty be imposed for his failure or refusal to make such disclosures. Every person interrogated orally, by written survey or questionnaire, or by any other means with respect to such information shall be fully advised of his right to fail or refuse to furnish such information. (c) Report to Congress The Director of the Census shall, at the earliest practicable time, report to the Congress the results of every survey conducted pursuant to the provisions of subsection (a) of this section. (d) Confidentiality of information; penalties The provisions of section 9 and chapter 7 of title 13 shall apply to any survey, collection, or compilation of registration and voting statistics carried out under subsection (a) of this section. (Pub. L. 89-110, title II, §207, as added Pub. L. 94-73, title IV, §403, Aug. 6, 1975, 89 Stat. 404. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973aa-5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. [Release Point 118-106]
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"State" defined. 10702. Enforcement of twenty-sixth amendment. 10701. Sec. §10508. Voting assistance for blind, disabled or illiterate persons Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union. (Pub. L. 89-110, title II, §208, as added Pub. L. 97-205, §5, June 29, 1982, 96 Stat. 135. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973aa-6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Pub. L. 97-205, §5, June 29, 1982, 96 Stat. 134, provided that this section is effective Jan. 1, 1984. CHAPTER 107—RIGHT TO VOTE AT AGE EIGHTEEN          §10701. Enforcement of twenty-sixth amendment (a)(1) The Attorney General is directed to institute, in the name of the United States, such actions against States or political subdivisions, including actions for injunctive relief, as he may determine to be necessary to implement the twenty-sixth article of amendment to the Constitution of the United States. (2) The district courts of the United States shall have jurisdiction of proceedings instituted under this chapter, which shall be heard and determined by a court of three judges in accordance with section 2284 of title 28, and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing and determination thereof, and to cause the case to be in every way expedited. (b) Whoever shall deny or attempt to deny any person of any right secured by the twenty-sixth article of amendment to the Constitution of the United States shall be fined not more than $5,000 or imprisoned not more than five years, or both. (Pub. L. 89-110, title III, §301, as added Pub. L. 91-285, §6, June 22, 1970, 84 Stat. 318; amended Pub. L. 94-73, title IV, §407, Aug. 6, 1975, 89 Stat. 405. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973bb of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 1975—Pub. L. 94-73 substituted provisions authorizing the Attorney General to institute proceedings to enforce twenty-sixth amendment, the jurisdiction of the district courts, and penalties for denial of rights secured by twenty-sixth amendment, for provisions relating to Congressional findings and prohibition of denial of right to vote on account of age. [Release Point 118-106]
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§10702. "State" defined As used in this chapter, the term "State" includes the District of Columbia. (Pub. L. 89-110, title III, §302, as added Pub. L. 91-285, §6, June 22, 1970, 84 Stat. 318; amended Pub. L. 94-73, title IV, §407, Aug. 6, 1975, 89 Stat. 405. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973bb-1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 1975—Pub. L. 94-73 substituted definition of State for provisions prohibiting denial of right to vote because of age. Subtitle II—Voting Assistance and Election Administration EXECUTIVE DOCUMENTS EX. ORD. NO. 14019. PROMOTING ACCESS TO VOTING Ex. Ord. No. 14019, Mar. 7, 2021, 86 F. R. 13623, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1.. The right to vote is the foundation of American democracy. Free and fair elections Purpose that reflect the will of the American people must be protected and defended. But many Americans, especially people of color, confront significant obstacles to exercising that fundamental right. These obstacles include difficulties with voter registration, lack of election information, and barriers to access at polling places. For generations, Black voters and other voters of color have faced discriminatory policies and other obstacles that disproportionally affect their communities. These voters remain more likely to face long lines at the polls and are disproportionately burdened by voter identification laws and limited opportunities to vote by mail. Limited access to language assistance remains a barrier for many voters. People with disabilities continue to face barriers to voting and are denied legally required accommodations in exercising their fundamental rights and the ability to vote privately and independently. Members of our military serving overseas, as well as other American citizens living abroad, also face challenges to exercising their fundamental right to vote. The Constitution and laws of the United States prohibit racial discrimination and protect the right to vote. The Voting Rights Act of 1965 [52 U. S. C. 10301 et seq. ] and other Federal statutes implement those protections and assign the Federal Government a key role in remedying disenfranchisement and unequal access to the polls. In passing the National Voter Registration Act of 1993 [52 U. S. C. 20501 et seq. ], the Congress found that it is the duty of Federal, State, and local governments to promote the exercise of the fundamental right to vote. Executive departments and agencies (agencies) should partner with State, local, Tribal, and territorial election officials to protect and promote the exercise of the right to vote, eliminate discrimination and other barriers to voting, and expand access to voter registration and accurate election information. It is our duty to ensure that registering to vote and the act of voting be made simple and easy for all those eligible to do so. SEC. 2.. It is the policy of my Administration to promote and defend the right to vote for all Policy Americans who are legally entitled to participate in elections. It is the responsibility of the Federal Government to expand access to, and education about, voter registration and election information, and to combat misinformation, in order to enable all eligible Americans to participate in our democracy. SEC. 3.. Agencies shall consider ways to Expanding Access to Voter Registration and Election Information expand citizens' opportunities to register to vote and to obtain information about, and participate in, the electoral process. (a) The head of each agency shall evaluate ways in which the agency can, as appropriate and consistent with applicable law, promote voter registration and voter participation. This effort shall include consideration of:[Release Point 118-106]
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(i) ways to provide relevant information in the course of activities or services that directly engage with the public—including through agency materials, websites, online forms, social media platforms, and other points of public access—about how to register to vote, how to request a vote-by-mail ballot, and how to cast a ballot in upcoming elections; (ii) ways to facilitate seamless transition from agencies' websites directly to State online voter registration systems or appropriate Federal websites, such as Vote. gov; (iii) ways to provide access to voter registration services and vote-by-mail ballot applications in the course of activities or services that directly engage with the public, including: (A) distributing voter registration and vote-by-mail ballot application forms, and providing access to applicable State online systems for individuals who can take advantage of those systems; (B) assisting applicants in completing voter registration and vote-by-mail ballot application forms in a manner consistent with all relevant State laws; and (C) soliciting and facilitating approved, nonpartisan third-party organizations and State officials to provide voter registration services on agency premises; (iv) ways to promote and expand access to multilingual voter registration and election information, and to promote equal participation in the electoral process for all eligible citizens of all backgrounds; and (v) whether, consistent with applicable law, any identity documents issued by the agency to members of the public can be issued in a form that satisfies State voter identification laws. (b) Within 200 days of the date of this order [Mar. 7, 2021], the head of each agency shall submit to the Assistant to the President for Domestic Policy a strategic plan outlining the ways identified under this review that the agency can promote voter registration and voter participation. (c) The Administrator of the Office of Electronic Government, Office of Management and Budget, shall, consistent with applicable law, coordinate efforts across agencies to improve or modernize Federal websites and digital services that provide election and voting information to the American people, including ensuring that Federal websites are accessible to individuals with disabilities and people with limited English proficiency. As appropriate, the Administrator of the United States Digital Service may support agencies in implementing the strategic plans directed in subsection (b) of this section. SEC. 4.. (a) This order shall Acceptance of Designation Under the National Voter Registration Act supersede section 3 of Executive Order 12926 of September 12, 1994 (Implementation of the National Voter Registration Act of 1993) [52 U. S. C. 20506 note]. (b) Each agency, if requested by a State to be designated as a voter registration agency pursuant to section 7(a)(3)(B)(ii) of the National Voter Registration Act, shall, to the greatest extent practicable and consistent with applicable law, agree to such designation. If an agency declines to consent to such designation, the head of the agency shall submit to the President a written explanation for the decision. (c) The head of each agency shall evaluate where and how the agency provides services that directly engage with the public and, to the greatest extent practicable, formally notify the States in which the agency provides such services that it would agree to designation as a voter registration agency pursuant to section 7(a)(3)(B)(ii) of the National Voter Registration Act [52 U. S. C. 20506(a)(3)(B)(ii)]. SEC. 5.. The General Services Administration (GSA) shall take steps to modernize Modernizing Vote. gov and improve the user experience of Vote. gov. In determining how to do so, GSA shall coordinate with the Election Assistance Commission and other agencies as appropriate, and seek the input of affected stakeholders, including election administrators, civil rights and disability rights advocates, Tribal Nations, and nonprofit groups that study best practices for using technology to promote civic engagement. (a) GSA's efforts to modernize and improve Vote. gov shall include: (i) ensuring that Vote. gov complies, at minimum, with sections 504 and 508 of the Rehabilitation Act of 1973 [29 U. S. C. 794, 794d]; (ii) ensuring that Vote. gov is translated into languages spoken by any of the language groups covered under section 203 of the Voting Rights Act [52 U. S. C. 10503] anywhere in the United States; and (iii) implementing relevant provisions of the 21st Century Integrated Digital Experience Act (Public Law 115-336) [44 U. S. C. 3501 note]. (b) Within 200 days of the date of this order, GSA shall submit to the Assistant to the President for Domestic Policy a strategic plan outlining the steps to modernize and improve the user experience of Vote. gov. SEC. 6.. It is a priority of my Administration to ensure that Increasing Opportunities for Employees to Vote the Federal Government, as the Nation's largest employer, serves as a model employer by encouraging and facilitating Federal employees' civic participation. Accordingly, the Director of the Office of Personnel Management shall take the following actions within 200 days of the date of this order: (a) coordinate with the heads of executive agencies, as defined in 5 U. S. C. 105, to provide[Release Point 118-106]
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recommendations to the President, through the Assistant to the President for Domestic Policy, on strategies to expand the Federal Government's policy of granting employees time off to vote in Federal, State, local, Tribal, and territorial elections. Such recommendations should include efforts to ensure Federal employees have opportunities to participate in early voting. (b) Coordinate with the heads of executive agencies, as defined in 5 U. S. C. 105, to provide recommendations to the President, through the Assistant to the President for Domestic Policy, on strategies to better support Federal employees who wish to volunteer to serve as non-partisan poll workers or non-partisan observers, particularly during early or extended voting periods. SEC. 7.. Within 270 days of the date of this order, the Ensuring Equal Access for Voters with Disabilities National Institute of Standards and Technology (NIST) within the Department of Commerce shall evaluate the steps needed to ensure that the online Federal Voter Registration Form is accessible to people with disabilities. During that period, NIST, in consultation with the Department of Justice, the Election Assistance Commission, and other agencies, as appropriate, shall also analyze barriers to private and independent voting for people with disabilities, including access to voter registration, voting technology, voting by mail, polling locations, and poll worker training. By the end of the 270-day period, NIST shall publish recommendations regarding both the Federal Voter Registration Form and the other barriers it has identified. SEC. 8.. (a) Within 200 days of Ensuring Access to Voting for Active Duty Military and Overseas Citizens the date of this order, the Secretary of Defense shall establish procedures, consistent with applicable law, to affirmatively offer, on an annual basis, each member of the Armed Forces on active duty the opportunity to register to vote in Federal elections, update voter registration information, or request an absentee ballot. (b) Within 200 days of the date of this order, the Secretary of Defense shall evaluate the feasibility of implementing an online system to facilitate the services described in subsection (a) of this section. (c) The Secretary of Defense, in coordination with the Department of State, the Military Postal Service Agency, and the United States Postal Service, shall take all practical steps to establish procedures to enable a comprehensive end-to-end ballot tracking system for all absentee ballots cast by military and other eligible overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. S. C. 20301. et seq Within 200 days of the date of this order, the Secretary of Defense shall submit a report to the Assistant to the President for Domestic Policy with a strategic plan for establishing the aforementioned tracking system. (d) The head of each agency with overseas employees shall designate an employee to be responsible for coordinating with the Federal Voting Assistance Program, including to promote voter registration and voting services available to the agency's overseas employees. The Director of the Office of Management and Budget may issue guidance to assist agencies in making such designations. SEC. 9.. (a) The Ensuring Access to Voter Registration for Eligible Individuals in Federal Custody Attorney General shall establish procedures, consistent with applicable law, to provide educational materials related to voter registration and voting and, to the extent practicable, to facilitate voter registration, for all eligible individuals in the custody of the Federal Bureau of Prisons. Such educational materials shall be incorporated into the reentry planning procedures required under section 4042(a)(7) of title 18, United States Code. The educational materials should also notify individuals leaving Federal custody of the restrictions, if any, on their ability to vote under the laws of the State where the individual resides and, if any such restrictions exist, the point at which the individual's rights will be restored under applicable State law. (b) The Attorney General shall establish procedures, consistent with applicable law, to ensure the United States Marshals Service includes language in intergovernmental agreements and jail contracts to require the jails to provide educational materials related to voter registration and voting, and to facilitate voting by mail, to the extent practicable and appropriate. (c) The Attorney General shall establish procedures, consistent with applicable law, for coordinating with the Probation and Pretrial Services Office of the Administrative Office of the United States Courts to provide educational materials related to voter registration and voting to all eligible individuals under the supervision of the Probation and Pretrial Services Office, and to facilitate voter registration and voting by such individuals. (d) The Attorney General shall take appropriate steps, consistent with applicable law, to support formerly incarcerated individuals in obtaining a means of identification that satisfies State voter identification laws, including as required by 18 U. S. C. 4042(a)(6)(B). SEC. 10.. (a) There is hereby established an Establishing a Native American Voting Rights Steering Group Interagency Steering Group on Native American Voting Rights (Steering Group) coordinated by the Domestic Policy Council. (b) The Steering Group shall be chaired by the Assistant to the President for Domestic Policy and shall include the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs or their designees. The Chair may invite the participation of the heads or senior representatives of other agencies, as the Chair[Release Point 118-106]
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Definitions. 20107. Relationship to Voting Rights Act of 1965. 20106. Enforcement. 20105. Registration and voting aids. 20104. Selection of registration facilities. 20103. Selection of polling facilities. 20102. Congressional declaration of purpose. 20101. Sec. determines to be helpful to complete the work of the Steering Group. The Steering Group shall consult with agencies not represented on the Steering Group to facilitate the sharing of information and best practices, as appropriate and consistent with applicable law. (c) The Steering Group shall engage in meaningful and robust consultation with Tribal Nations and Native leaders to inform the Steering Group regarding concerns and potential areas of focus for the report described in subsection (d) of this section, and to assist the Steering Group in developing that report. (d) The Steering Group shall study best practices for protecting voting rights of Native Americans and shall produce a report within 1 year of the date of this order outlining recommendations for providing such protection, consistent with applicable law, including recommendations for: (i) increasing voter outreach, education, registration, and turnout in Native American communities; increasing voting access for Native American communities (including increasing accessibility for voters with disabilities); and mitigating internet accessibility issues that may hinder voter registration and ballot access in Native American communities; (ii) increasing language access and assistance for Native American voters, including evaluating existing best practices; (iii) mitigating barriers to voting for Native Americans by analyzing and providing guidance on how to facilitate the use of Tribal government identification cards as valid voter identification in Federal, State, local, Tribal, and territorial elections; (iv) facilitating collaboration among local election officials, Native American communities, and Tribal election offices; and (v) addressing other areas identified during the consultation process. (e) The Department of the Interior shall provide administrative support for the Steering Group to the extent permitted by law. SEC. 11.. Except as otherwise defined in section 6 of this order, "agency" means any authority of Definition the United States that is an "agency" under 44 U. S. C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U. S. C. 3502(5). SEC. 12.. (a) Nothing in this order shall be construed to impair or otherwise affect: General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J. R. BIDEN, JR.        CHAPTER 201—VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED          §20101. Congressional declaration of purpose It is the intention of Congress in enacting this chapter to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration facilities and polling places for Federal elections. (Pub. L. 98-435, §2, Sept. 28, 1984, 98 Stat. 1678. )[Release Point 118-106]
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EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ee of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Pub. L. 98-435, §9, Sept. 28, 1984, 98 Stat. 1680, provided that: "This Act [enacting this chapter] shall apply with respect to elections taking place after December 31, 1985. " §20102. Selection of polling facilities (a) Accessibility to all polling places as responsibility of each political subdivision Within each State, except as provided in subsection (b), each political subdivision responsible for conducting elections shall assure that all polling places for Federal elections are accessible to handicapped and elderly voters. (b) Exception Subsection (a) shall not apply to a polling place— (1) in the case of an emergency, as determined by the chief election officer of the State; or (2) if the chief election officer of the State— (A) determines that all potential polling places have been surveyed and no such accessible place is available, nor is the political subdivision able to make one temporarily accessible, in the area involved; and (B) assures that any handicapped or elderly voter assigned to an inaccessible polling place, upon advance request of such voter (pursuant to procedures established by the chief election officer of the State)— (i) will be assigned to an accessible polling place, or (ii) will be provided with an alternative means for casting a ballot on the day of the election. (c) Report to Federal Election Commission (1) Not later than December 31 of each even-numbered year, the chief election officer of each State shall report to the Federal Election Commission, in a manner to be determined by the Commission, the number of accessible and inaccessible polling places in such State on the date of the preceding general Federal election, and the reasons for any instance of inaccessibility. (2) Not later than April 30 of each odd-numbered year, the Federal Election Commission shall compile the information reported under paragraph (1) and shall transmit that information to the Congress. (3) The provisions of this subsection shall only be effective for a period of 10 years beginning on September 28, 1984. (Pub. L. 98-435, §3, Sept. 28, 1984, 98 Stat. 1678. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ee-1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. [Release Point 118-106]
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STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98-435, set out as a note under section 20101 of this title. §20103. Selection of registration facilities (a) Each State or political subdivision responsible for registration for Federal elections shall provide a reasonable number of accessible permanent registration facilities. (b) Subsection (a) does not apply to any State that has in effect a system that provides an opportunity for each potential voter to register by mail or at the residence of such voter. (Pub. L. 98-435, §4, Sept. 28, 1984, 98 Stat. 1679. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ee-2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98-435, set out as a note under section 20101 of this title. §20104. Registration and voting aids (a) Printed instructions; telecommunications devices for the deaf Each State shall make available registration and voting aids for Federal elections for handicapped and elderly individuals, including— (1) instructions, printed in large type, conspicuously displayed at each permanent registration facility and each polling place; and (2) information by telecommunications devices for the deaf. (b) Medical certification No notarization or medical certification shall be required of a handicapped voter with respect to an absentee ballot or an application for such ballot, except that medical certification may be required when the certification establishes eligibility, under State law— (1) to automatically receive an application or a ballot on a continuing basis; or (2) to apply for an absentee ballot after the deadline has passed. (c) Notice of availability of aids The chief election officer of each State shall provide public notice, calculated to reach elderly and handicapped voters, of the availability of aids under this section, assistance under section 10508 of this title, and the procedures for voting by absentee ballot, not later than general public notice of registration and voting is provided. (Pub. L. 98-435, §5, Sept. 28, 1984, 98 Stat. 1679. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ee-3 of Title 42, The Public Health and Welfare, prior to[Release Point 118-106]
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editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98-435, set out as a note under section 20101 of this title. §20105. Enforcement (a) Action for declaratory or injunctive relief If a State or political subdivision does not comply with this chapter, the United States Attorney General or a person who is personally aggrieved by the noncompliance may bring an action for declaratory or injunctive relief in the appropriate district court. (b) Prerequisite notice of noncompliance An action may be brought under this section only if the plaintiff notifies the chief election officer of the State of the noncompliance and a period of 45 days has elapsed since the date of notification. (c) Attorney fees Notwithstanding any other provision of law, no award of attorney fees may be made with respect to an action under this section, except in any action brought to enforce the original judgment of the court. (Pub. L. 98-435, §6, Sept. 28, 1984, 98 Stat. 1679. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ee-4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98-435, set out as a note under section 20101 of this title. §20106. Relationship to Voting Rights Act of 1965 This chapter shall not be construed to impair any right guaranteed by the Voting Rights Act of 1965 (42 U. S. C. 1973 et seq. ) [now 52 U. S. C. 10301 et seq. ]. (Pub. L. 98-435, §7, Sept. 28, 1984, 98 Stat. 1679. ) EDITORIAL NOTES REFERENCES IN TEXT The Voting Rights Act of 1965, referred to in text, 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. CODIFICATION Section was formerly classified to section 1973ee-5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. [Release Point 118-106]
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Enforcement. 20307. Prohibition of refusal of applications on grounds of early submission. 20306. Federal Voting Assistance Program Improvements. 20305. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. 20304. Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters. 20303. State responsibilities. 20302. Duties of Secretary under Uniformed and Overseas Citizens Absentee Voting Act. 20301a. Federal responsibilities. 20301. Sec. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98-435, set out as a note under section 20101 of this title. §20107. Definitions As used in this chapter, the term— (1) "accessible" means accessible to handicapped and elderly individuals for the purpose of voting or registration, as determined under guidelines established by the chief election officer of the State involved; (2) "elderly" means 65 years of age or older; (3) "Federal election" means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (4) "handicapped" means having a temporary or permanent physical disability; and (5) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possesssion  of the United States. 1 (Pub. L. 98-435, §8, Sept. 28, 1984, 98 Stat. 1679. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ee-6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98-435, set out as a note under section 20101 of this title.  So in original. Probably should be "possession". 1 CHAPTER 203—REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE         [Release Point 118-106]
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Technology pilot program. 20311. Definitions. 20310. Effect on certain other laws. 20309. Reporting requirements. 20308. EDITORIAL NOTES PRIOR PROVISIONS Provisions similar to this chapter were contained in subchapters I-D and I-E (1973cc et seq. and 1973dd et seq. ) of chapter 20 of title 42 prior to repeal by Pub. L. 99-410 and then in subchapter I-G (1973ff et seq. ) of chapter 20 of title 42 prior to editorial reclassification and renumbering as this chapter. §20301. Federal responsibilities (a) Presidential designee The President shall designate the head of an executive department to have primary responsibility for Federal functions under this chapter. (b) Duties of Presidential designee The Presidential designee shall— (1) consult State and local election officials in carrying out this chapter, and ensure that such officials are aware of the requirements of this Act; (2) prescribe an official post card form, containing both an absentee voter registration application and an absentee ballot application, for use by the States as required under section 20302(a)(4) of this title; (3) carry out section 20303 of this title with respect to the Federal write-in absentee ballot for absent uniformed services voters and overseas voters in general elections for Federal office; (4) prescribe a suggested design for absentee ballot mailing envelopes; (5) compile and distribute (A) descriptive material on State absentee registration and voting procedures, and (B) to the extent practicable, facts relating to specific elections, including dates, offices involved, and the text of ballot questions; (6) not later than the end of each year after a Presidential election year, transmit to the President and the Congress a report on the effectiveness of assistance under this chapter, including a statistical analysis of uniformed services voter participation, a separate statistical analysis of overseas nonmilitary participation, and a description of State-Federal cooperation; (7) prescribe a standard oath for use with any document under this chapter affirming that a material misstatement of fact in the completion of such a document may constitute grounds for a conviction for perjury; (8) carry out section 20304 of this title with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for Federal office; (9) to the greatest extent practicable, take such actions as may be necessary— (A) to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and (B) to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the Presidential designee; (10) carry out section 20305 of this title with respect to Federal Voting Assistance Program Improvements; and (11) working with the Election Assistance Commission and the chief State election official of each State, develop standards— (A) for States to report data on the number of absentee ballots transmitted and received under section 20302(c) of this title and such other data as the Presidential designee determines[Release Point 118-106]
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appropriate; and (B) for the Presidential designee to store the data reported. (c) Duties of other Federal officials (1) In general The head of each Government department, agency, or other entity shall, upon request of the Presidential designee, distribute balloting materials and otherwise cooperate in carrying out this chapter. (2) Administrator of General Services As directed by the Presidential designee, the Administrator of General Services shall furnish official post card forms (prescribed under subsection (b)) and Federal write-in absentee ballots (prescribed under section 20303 of this title). (d) Authorization of appropriations for carrying out Federal Voting Assistance Program Improvements There are authorized to be appropriated to the Presidential designee such sums as are necessary for purposes of carrying out subsection (b)(10). (Pub. L. 99-410, title I, §101, Aug. 28, 1986, 100 Stat. 924; Pub. L. 105-277, div. G, title XXII, §2219(c), Oct. 21, 1998, 112 Stat. 2681-817; Pub. L. 107-107, div. A, title XVI, §1606(a)(2), Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107-252, title VII, §705(a), (b)(1), (c), Oct. 29, 2002, 116 Stat. 1724, 1725; Pub. L. 108-375, div. A, title V, §566(a), Oct. 28, 2004, 118 Stat. 1919; Pub. L. 111-84, div. A, title V, §§580(b), (e), 583(a)(2), 584(a), 585(b)(1), Oct. 28, 2009, 123 Stat. 2325, 2328, 2330, 2331; Pub. L. 111-383, div. A, title X, §1075(d)(4), (5), Jan. 7, 2011, 124 Stat. 4372. ) EDITORIAL NOTES REFERENCES IN TEXT This Act, referred to in subsec. (b)(1), is Pub. L. 99-410, Aug. 28, 1986, 100 Stat. 924, known as the Uniformed and Overseas Citizens Absentee Voting Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1973ff of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 2011—Subsec. (b)(2), (4), (11). Pub. L. 111-383, §1075(d)(4), (5), amended Pub. L. 111-84, §§584(a), 585(b)(1). See 2009 Amendment notes below. 2009—Subsec. (b)(2). Pub. L. 111-84, §585(b)(1)(A), as added by Pub. L. 111-383, §1075(d)(5), substituted "section 1973ff-1(a)(4)" for "section 1973ff-1(4)". Subsec. (b)(4). Pub. L. 111-84, §585(b)(1)(B), as added by Pub. L. 111-383, §1075(d)(5), added par. (4) and struck out former par. (4) which read as follows: "prescribe a suggested design for absentee ballot mailing envelopes for use by the States as recommended in section 1973ff-3 of this title;". Subsec. (b)(8). Pub. L. 111-84, §580(b), added par. (8). Subsec. (b)(9). Pub. L. 111-84, §580(e), added par. (9). Subsec. (b)(10). Pub. L. 111-84, §583(a)(2)(A), added par. (10). Subsec. (b)(11). Pub. L. 111-84, §584(a), as amended by Pub. L. 111-383, §1075(d)(4), added par. (11). Subsec. (d). Pub. L. 111-84, §583(a)(2)(B), added subsec. (d). 2004—Subsec. (b)(3). Pub. L. 108-375 substituted "absent uniformed services voters and overseas voters" for "overseas voters". 2002—Subsec. (b)(1). Pub. L. 107-252, §705(a), inserted ", and ensure that such officials are aware of the requirements of this Act" before semicolon at end. Subsec. (b)(6). Pub. L. 107-252, §705(c), substituted "a separate statistical analysis" for "a general assessment". [Release Point 118-106]
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Subsec. (b)(7). Pub. L. 107-252, §705(b)(1), added par. (7). 2001—Subsec. (b)(2). Pub. L. 107-107 substituted "as required under section 1973ff-1(4) of this title" for "as recommended in section 1973ff-3 of this title". 1998—Subsec. (b)(6). Pub. L. 105-277 substituted "of uniformed services voter participation, a general assessment of overseas nonmilitary participation," for "of voter participation". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111-383, div. A, title X, §1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(4), (5) is effective as of Oct. 28, 2009, and as if included in Pub. L. 111-84 as enacted. EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111-84, div. A, title V, §580(f), Oct. 28, 2009, 123 Stat. 2326, provided that: "The amendments made by this section [enacting section 20304 of this title and amending this section and section 20302 of this title] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office. " Pub. L. 111-84, div. A, title V, §583(a)(3), Oct. 28, 2009, 123 Stat. 2328, provided that: "The amendments made by this subsection [enacting section 20305 of this title and amending this section] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office. " Pub. L. 111-84, div. A, title V, §584(c), Oct. 28, 2009, 123 Stat. 2331, provided that: "The amendments made by this section [amending this section and section 20302 of this title] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office. " EFFECTIVE DATE Pub. L. 99-410, title II, §204, Aug. 28, 1986, 100 Stat. 930, provided that: "The amendments and repeals made by this Act [see Tables for classification] shall apply with respect to elections taking place after December 31, 1987. " SENSE OF CONGRESS REGARDING THE IMPORTANCE OF VOTING Pub. L. 107-107, div. A, title XVI, §1601, Dec. 28, 2001, 115 Stat. 1274, provided that: "(a). —It is the sense of Congress that each person who is an administrator of a SENSE OF CONGRESS Federal, State, or local election— "(1) should be aware of the importance of the ability of each uniformed services voter to exercise the right to vote; and "(2) should perform that person's duties as an election administrator with the intent to ensure that— "(A) each uniformed services voter receives the utmost consideration and cooperation when voting; "(B) each valid ballot cast by such a voter is duly counted; and "(C) all eligible American voters, regardless of race, ethnicity, disability, the language they speak, or the resources of the community in which they live, should have an equal opportunity to cast a vote and to have that vote counted. "(b). —In this section, the term 'uniformed services voter' UNIFORMED SERVICES VOTER DEFINED means— "(1) a member of a uniformed service (as defined in section 101(a)(5) of title 10, United States Code) in active service; "(2) a member of the merchant marine (as defined in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U. S. C. 1973ff-6) [now 52 U. S. C. 20310]); and "(3) a spouse or dependent of a member referred to in paragraph (1) or (2) who is qualified to vote. " ELECTRONIC VOTING DEMONSTRATION PROJECT Pub. L. 107-107, div. A, title XVI, §1604, Dec. 28, 2001, 115 Stat. 1277, as amended by Pub. L. 108-375, div. A, title V, §567, Oct. 28, 2004, 118 Stat. 1919, which established a demonstration project under which absent uniformed services voters were permitted to vote in the November 2002 general election for Federal office through an electronic voting system, was repealed by Pub. L. 113-291, div. A, title V, §593, Dec. 19, 2014, 128 Stat. 3395. [Release Point 118-106]
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GOVERNORS' REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS FOR CHANGES IN STATE LAW MADE UNDER FEDERAL VOTING ASSISTANCE PROGRAM Pub. L. 107-107, div. A, title XVI, §1605, Dec. 28, 2001, 115 Stat. 1277, required the chief executive authority of a State to provide an implementation status report to the Secretary of Defense, acting as the Presidential designee, within 90 days of receiving a uniformed services voting assistance legislative recommendation from the Secretary of Defense and was applicable to any uniformed services voting assistance legislative recommendation transmitted to a state during the three-year period beginning on Dec. 28, 2001. EXECUTIVE DOCUMENTS EX. ORD. NO. 12642. DESIGNATION OF SECRETARY OF DEFENSE AS PRESIDENTIAL DESIGNEE Ex. Ord. No. 12642, June 8, 1988, 53 F. R. 21975, provided: By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, including section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410) ("the Act") [52 U. S. C. 20301(a)], it is hereby ordered as follows: SECTION 1. The Secretary of Defense is hereby designated as the "Presidential designee" under Title I of the Act [52 U. S. C. 20301 et seq. ]. SEC. 2. In order to effectuate the purposes of the Act, the Secretary of Defense is hereby authorized to delegate any or all of the functions, responsibilities, powers, authority, or discretion devolving upon him in consequence of this Order to any person or persons within the Department of Defense. RONALD REAGAN.        §20301a. Duties of Secretary under Uniformed and Overseas Citizens Absentee Voting Act (a) Ensuring ability of absent uniformed services voters serving at diplomatic and consular posts to receive and transmit balloting materials In carrying out the Secretary's duties as the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act (52 U. S. C. 20301 et seq. ), the Secretary shall take such actions as may be necessary, feasible, and practical to ensure that a uniformed services voter under such Act who is absent from the United States by reason of active duty or service at a diplomatic and consular post of the United States is able to receive and transmit balloting materials in the same manner and with the same rights and protections as a uniformed services voter under such Act who is absent from the United States by reason of active duty or service at a military installation. (b) Effective date This section shall apply with respect to elections held on or after January 1, 2021. (Pub. L. 116-283, div. A, title X, §1086, Jan. 1, 2021, 134 Stat. 3877. ) EDITORIAL NOTES REFERENCES IN TEXT The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (a), is Pub. L. 99-410, Aug. 28, 1986, 100 Stat. 924, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of title I of the Uniformed and Overseas Citizens Absentee Voting Act which comprises this chapter. [Release Point 118-106]
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§20302. State responsibilities (a) In general Each State shall— (1) permit absent uniformed services voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; (2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an absent uniformed services voter or overseas voter, if the application is received by the appropriate State election official not less than 30 days before the election; (3) permit absent uniformed services voters and overseas voters to use Federal write-in absentee ballots (in accordance with section 20303 of this title) in general elections for Federal office; (4) use the official post card form (prescribed under section 20301 of this title) for simultaneous voter registration application and absentee ballot application; (5) if the State requires an oath or affirmation to accompany any document under this chapter, use the standard oath prescribed by the Presidential designee under section 20301(b)(7) of this title; (6) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for absent uniformed services voters and overseas voters to request by mail and electronically voter registration applications and absentee ballot applications with respect to general, special, primary, and runoff elections for Federal office in accordance with subsection (e); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (e); and (C) by which the absent uniformed services voter or overseas voter can designate whether the voter prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (7) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to absent uniformed services voters and overseas voters with respect to general, special, primary, and runoff elections for Federal office in accordance with subsection (f); (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter— (A) except as provided in subsection (g), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and (B) in the case in which the request is received less than 45 days before an election for Federal office— (i) in accordance with State law; and (ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; (9) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to absent uniformed services voters and overseas voters in manner  that gives them sufficient time to vote in the runoff election;1 (10) carry out section 20304(b)(1) of this title with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters; and (11) report data on the number of absentee ballots transmitted and received under subsection (c) and such other data as the Presidential designee determines appropriate in accordance with the[Release Point 118-106]
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standards developed by the Presidential designee under section 20301(b)(11) of this title. (b) Designation of single State office to provide information on registration and absentee ballot procedures for all voters in State (1) In general Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters with respect to elections for Federal office (including procedures relating to the use of the Federal write-in absentee ballot) to all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State. (2) Recommendation regarding use of office to accept and process materials Congress recommends that the State office designated under paragraph (1) be responsible for carrying out the State's duties under this Act, including accepting valid voter registration applications, absentee ballot applications, and absentee ballots (including Federal write-in absentee ballots) from all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State. (c) Report on number of absentee ballots transmitted and received Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Election Assistance Commission (established under the Help America Vote Act of 2002 [52 U. S. C. 20901 et seq. ]) on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public. (d) Registration notification With respect to each absent uniformed services voter and each overseas voter who submits a voter registration application or an absentee ballot request, if the State rejects the application or request, the State shall provide the voter with the reasons for the rejection. (e) Designation of means of electronic communication for absent uniformed services voters and overseas voters to request and for States to send voter registration applications and absentee ballot applications, and for other purposes related to voting information (1) In general Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication— (A) for use by absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(6); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters. (2) Clarification regarding provision of multiple means of electronic communication A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to absent uniformed services voters and overseas voters, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials Each State shall include a means of electronic communication so designated with all[Release Point 118-106]
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informational and instructional materials that accompany balloting materials sent by the State to absent uniformed services voters and overseas voters. (4) Availability and maintenance of online repository of State contact information The Federal Voting Assistance Program of the Department of Defense shall maintain and make available to the public an online repository of State contact information with respect to elections for Federal office, including the single State office designated under subsection (b) and the means of electronic communication designated under paragraph (1), to be used by absent uniformed services voters and overseas voters as a resource to send voter registration applications and absentee ballot applications to the appropriate jurisdiction in the State. (5) Transmission if no preference indicated In the case where an absent uniformed services voter or overseas voter does not designate a preference under subsection (a)(6)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (6) Security and privacy protections (A) Security protections To the extent practicable, States shall ensure that the procedures established under subsection (a)(6) protect the security and integrity of the voter registration and absentee ballot application request processes. (B) Privacy protections To the extent practicable, the procedures established under subsection (a)(6) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter who requests or is sent a voter registration application or absentee ballot application under such subsection is protected throughout the process of making such request or being sent such application. (f) Transmission of blank absentee ballots by mail and electronically (1) In general Each State shall establish procedures— (A) to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (B)) to absent uniformed services voters and overseas voters for an election for Federal office; and (B) by which the absent uniformed services voter or overseas voter can designate whether the voter prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated In the case where an absent uniformed services voter or overseas voter does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Security and privacy protections (A) Security protections To the extent practicable, States shall ensure that the procedures established under subsection (a)(7) protect the security and integrity of absentee ballots. (B) Privacy protections To the extent practicable, the procedures established under subsection (a)(7) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter to whom a blank absentee ballot is transmitted under such subsection is protected throughout the process of such transmission. [Release Point 118-106]
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(g) Hardship exemption (1) In general If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(8)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Presidential designee grant a waiver to the State of the application of such subsection. Such request shall include— (A) a recognition that the purpose of such subsection is to allow absent uniformed services voters and overseas voters enough time to vote in an election for Federal office; (B) an explanation of the hardship that indicates why the State is unable to transmit absent uniformed services voters and overseas voters an absentee ballot in accordance with such subsection; (C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to absent uniformed services voters and overseas voters; and (D) a comprehensive plan to ensure that absent uniformed services voters and overseas voters are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes— (i) the steps the State will undertake to ensure that absent uniformed services voters and overseas voters have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; (ii) why the plan provides absent uniformed services voters and overseas voters sufficient time to vote as a substitute for the requirements under such subsection; and (iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. (2) Approval of waiver request After consulting with the Attorney General, the Presidential designee shall approve a waiver request under paragraph (1) if the Presidential designee determines each of the following requirements are met: (A) The comprehensive plan under subparagraph (D) of such paragraph provides absent uniformed services voters and overseas voters sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. (B) One or more of the following issues creates an undue hardship for the State: (i) The State's primary election date prohibits the State from complying with subsection (a)(8)(A). (ii) The State has suffered a delay in generating ballots due to a legal contest. (iii) The State Constitution prohibits the State from complying with such subsection. (3) Timing of waiver (A) In general Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Presidential designee the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Presidential designee shall approve or deny the waiver request not later than 65 days before such election. (B) Exception If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Presidential designee the written waiver request as soon as practicable. The Presidential designee shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. [Release Point 118-106]
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(4) Application of waiver A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Presidential designee shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election. (h) Tracking marked ballots The chief State election official, in coordination with local election jurisdictions, shall develop a free access system by which an absent uniformed services voter or overseas voter may determine whether the absentee ballot of the absent uniformed services voter or overseas voter has been received by the appropriate State election official. (i) Prohibiting refusal to accept applications for failure to meet certain requirements A State shall not refuse to accept and process any otherwise valid voter registration application or absentee ballot application (including the official post card form prescribed under section 20301 of this title) or marked absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following: (1) Notarization requirements. (2) Restrictions on paper type, including weight and size. (3) Restrictions on envelope type, including weight and size. (Pub. L. 99-410, title I, §102, Aug. 28, 1986, 100 Stat. 925; Pub. L. 107-107, div. A, title XVI, §1606(a)(1), Dec. 28, 2001, 115 Stat. 1278; Pub. L. 107-252, title VII, §§702, 703(a), 705(b)(2), 707, Oct. 29, 2002, 116 Stat. 1723-1725; Pub. L. 108-375, div. A, title V, §566(b), Oct. 28, 2004, 118 Stat. 1919; Pub. L. 111-84, div. A, title V, §§577(a), 578(a), 579(a), (b), 580(c), (d), 582(a), 584(b), Oct. 28, 2009, 123 Stat. 2319, 2321-2323, 2325, 2327, 2330. ) EDITORIAL NOTES REFERENCES IN TEXT This Act, referred to in subsec. (b)(2), is Pub. L. 99-410, Aug. 28, 1986, 100 Stat. 924, known as the Uniformed and Overseas Citizens Absentee Voting Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. The Help America Vote Act of 2002, referred to in subsec. (c), is Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666, which is classified principally to chapter 209 (§20901 et seq. ) of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1973ff-1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Pub. L. 111-84, §§577(a)(1), 578(a)(1), 579(a)(1), (b), 580(c), and 584(b), added pars. (6) to (11), respectively, to subsec. (a) of this section. In making the addition of par. (9) to subsec. (a), section 579(b)(1) of Pub. L. 111-84 directed the striking out of "and" at the end of par. (7), which could not be executed because the word "and" did not appear at the end. AMENDMENTS 2009—Subsec. (a)(6). Pub. L. 111-84, §577(a)(1), added par. (6). Subsec. (a)(7). Pub. L. 111-84, §578(a)(1), added par. (7). Subsec. (a)(8). Pub. L. 111-84, §579(a)(1), added par. (8). Subsec. (a)(9). Pub. L. 111-84, §579(b), added par. (9). See Codification note above. Subsec. (a)(10). Pub. L. 111-84, §580(c), added par. (10). Subsec. (a)(11). Pub. L. 111-84, §584(b), added par. (11). Subsec. (e). Pub. L. 111-84, §577(a)(2), added subsec. (e). Subsec. (f). Pub. L. 111-84, §578(a)(2), added subsec. (f). Subsec. (g). Pub. L. 111-84, §579(a)(2), added subsec. (g). Subsec. (h). Pub. L. 111-84, §580(d), added subsec. (h). Subsec. (i). Pub. L. 111-84, §582(a), added subsec. (i). [Release Point 118-106]
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2004—Subsec. (a)(3). Pub. L. 108-375 substituted "absent uniformed services voters and overseas voters" for "overseas voters". 2002—Pub. L. 107-252, §702, designated existing provisions as subsec. (a) and added subsec. (b). Subsec. (a)(5). Pub. L. 107-252, §705(b)(2), added par. (5). Subsec. (c). Pub. L. 107-252, §703(a), added subsec. (c). Subsec. (d). Pub. L. 107-252, §707, added subsec. (d). 2001—Par. (2). Pub. L. 107-107, §1606(a)(1)(A), struck out "general, special, primary, or runoff" before "election for Federal office" and "and" after semicolon at end and inserted "and absentee ballot application" after "voter registration application". Par. (4). Pub. L. 107-107, §1606(a)(1)(B), (C), added par. (4). STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111-84, div. A, title V, §577(b), Oct. 28, 2009, 123 Stat. 2320, provided that: "The amendments made by this section [amending this section] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office. " Pub. L. 111-84, div. A, title V, §578(b), Oct. 28, 2009, 123 Stat. 2321, provided that: "The amendments made by this section [amending this section] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office. " Pub. L. 111-84, div. A, title V, §579(c), Oct. 28, 2009, 123 Stat. 2324, provided that: "The amendments made by this section [amending this section] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office. " Amendment by section 580(c), (d) of Pub. L. 111-84 applicable with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office, see section 580(f) of Pub. L. 111-84, set out as a note under section 20301 of this title. Pub. L. 111-84, div. A, title V, §582(c), Oct. 28, 2009, 123 Stat. 2327, provided that: "The amendments made by this section [amending this section and section 20303 of this title] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office. " Amendment by section 584(b) of Pub. L. 111-84 applicable with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office, see section 584(c) of Pub. L. 111-84, set out as a note under section 20301 of this title. CLARIFICATION REGARDING DELEGATION OF STATE RESPONSIBILITIES TO LOCAL JURISDICTIONS Pub. L. 111-84, div. A, title V, §576, Oct. 28, 2009, 123 Stat. 2319, provided that: "Nothing in the Uniformed and Overseas Citizens Absentee Voting Act (52 U. S. C. 20301 et seq. ) may be construed to prohibit a State from delegating its responsibilities in carrying out the requirements of such Act, including any requirements imposed as a result of the provisions of and amendments made by this Act [probably means subtitle H (§§575-589) of title V of div. A of Pub. L. 111-84, see Tables for classification], to jurisdictions in the State. " DEVELOPMENT OF STANDARDIZED FORMAT FOR REPORTS Pub. L. 107-252, title VII, §703(b), Oct. 29, 2002, 116 Stat. 1724, provided that: "The Election Assistance Commission, working with the Election Assistance Commission Board of Advisors and the Election Assistance Commission Standards Board, shall develop a standardized format for the reports submitted by States and units of local government under section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act [52 U. S. C. 20302(c)] (as added by subsection (a)), and shall make the format available to the States and units of local government submitting such reports. "  So in original. Probably should be "in a manner". 1 §20303. Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters[Release Point 118-106]
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(a) In general (1) Federal write-in absentee ballot The Presidential designee shall prescribe a Federal write-in absentee ballot (including a secrecy envelope and mailing envelope for such ballot) for use in general, special, primary, and runoff elections for Federal office by absent uniformed services voters and overseas voters who make timely application for, and do not receive, States, absentee ballots. 1 (2) Promotion and expansion of use of Federal write-in absentee ballots (A) In general Not later than December 31, 2011, the Presidential designee shall adopt procedures to promote and expand the use of the Federal write-in absentee ballot as a back-up measure to vote in elections for Federal office. (B) Use of technology Under such procedures, the Presidential designee shall utilize technology to implement a system under which the absent uniformed services voter or overseas voter may— (i) enter the address of the voter or other information relevant in the appropriate jurisdiction of the State, and the system will generate a list of all candidates in the election for Federal office in that jurisdiction; and (ii) submit the marked Federal write-in absentee ballot by printing the ballot (including complete instructions for submitting the marked Federal write-in absentee ballot to the appropriate State election official and the mailing address of the single State office designated under section 20302(b) of this title). (C) Authorization of appropriations There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this paragraph. (b) Submission and processing Except as otherwise provided in this chapter, a Federal write-in absentee ballot shall be submitted and processed in the manner provided by law for absentee ballots in the State involved. A Federal write-in absentee ballot of an absent uniformed services voter or overseas voter shall not be counted— (1) in the case of a ballot submitted by an overseas voter who is not an absent uniformed services voter, if the ballot is submitted from any location in the United States; (2) if the application of the absent uniformed services voter or overseas voter for a State absentee ballot is received by the appropriate State election official after the later of— (A) the deadline of the State for receipt of such application; or (B) the date that is 30 days before the general election; or (3) if a State absentee ballot of the absent uniformed services voter or overseas voter is received by the appropriate State election official not later than the deadline for receipt of the State absentee ballot under State law. (c) Special rules The following rules shall apply with respect to Federal write-in absentee ballots: (1) In completing the ballot, the absent uniformed services voter or overseas voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party (in which case the ballot shall be counted for the candidate of that political party). (2) In the case of the offices of President and Vice President, a vote for a named candidate or a vote by writing in the name of a political party shall be counted as a vote for the electors supporting the candidate involved. (3) Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be disregarded in determining the validity of the ballot, if the[Release Point 118-106]
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intention of the voter can be ascertained. (d) Second ballot submission; instruction to absent uniformed services voter or overseas voter An absent uniformed services voter or overseas voter who submits a Federal write-in absentee ballot and later receives a State absentee ballot, may submit the State absentee ballot. The Presidential designee shall assure that the instructions for each Federal write-in absentee ballot clearly state that an absent uniformed services voter or overseas voter who submits a Federal write-in absentee ballot and later receives and submits a State absentee ballot should make every reasonable effort to inform the appropriate State election official that the voter has submitted more than one ballot. (e) Use of approved State absentee ballot in place of Federal write-in absentee ballot The Federal write-in absentee ballot shall not be valid for use in a general, special, primary, or runoff election for Federal office if the State involved provides a State absentee ballot that— (1) at the request of the State, is approved by the Presidential designee for use in place of the Federal write-in absentee ballot; and (2) is made available to absent uniformed services voters and overseas voters at least 60 days before the deadline for receipt of the State ballot under State law. (f) Prohibiting refusal to accept ballot for failure to meet certain requirements A State shall not refuse to accept and process any otherwise valid Federal write-in absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following: (1) Notarization requirements. (2) Restrictions on paper type, including weight and size. (3) Restrictions on envelope type, including weight and size. (g) Certain States exempted A State is not required to permit use of the Federal write-in absentee ballot, if, on and after August 28, 1986, the State has in effect a law providing that— (1) a State absentee ballot is required to be available to any voter described in section 20310(5)(A) of this title at least 90 days before the general, special, primary, or runoff election for Federal office involved; and (2) a State absentee ballot is required to be available to any voter described in section 20310(5)(B) or (C) of this title, as soon as the official list of candidates in the general, special, primary, or runoff election for Federal office is complete. (Pub. L. 99-410, title I, §103, Aug. 28, 1986, 100 Stat. 925; Pub. L. 108-375, div. A, title V, §566(c), (d), Oct. 28, 2004, 118 Stat. 1919; Pub. L. 111-84, div. A, title V, §§581(a)(1), (b), 582(b), Oct. 28, 2009, 123 Stat. 2326, 2327; Pub. L. 111-383, div. A, title X, §1075(d)(3), Jan. 7, 2011, 124 Stat. 4372. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ff-2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2011—Subsec. (g). Pub. L. 111-383 amended Pub. L. 111-84, §581(a)(1)(C). See 2009 Amendment note below. 2009—Subsec. (a). Pub. L. 111-84, §581(b), substituted "In general" for "In General" in subsec. (a) heading, designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2). Pub. L. 111-84, §581(a)(1)(A), substituted "general, special, primary, and runoff elections for Federal office" for "general elections for Federal office". Subsec. (e). Pub. L. 111-84, §581(a)(1)(B), substituted "a general, special, primary, or runoff election for Federal office" for "a general election" in introductory provisions. [Release Point 118-106]
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Subsec. (f). Pub. L. 111-84, §582(b)(2), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 111-84, §582(b)(1), redesignated subsec. (f) as (g). Pub. L. 111-84, §581(a)(1)(C), as amended by Pub. L. 111-383, substituted "the general, special, primary, or runoff election for Federal office" for "the general election" in pars. (1) and (2). 2004—Pub. L. 108-375, §566(d)(1), substituted "Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters" for "Federal write-in absentee ballot for overseas voters in general elections for Federal office" in section catchline. Subsec. (a). Pub. L. 108-375, §566(c)(1), substituted "absent uniformed services voters and overseas voters" for "overseas voters". Subsec. (b). Pub. L. 108-375, §566(c)(2), inserted second sentence and struck out former second sentence which read as follows: "A Federal write-in absentee ballot of an overseas voter shall not be counted— "(1) if the ballot is submitted from any location in the United States; "(2) if the application of the overseas voter for a State absentee ballot is received by the appropriate State election official less than 30 days before the general election; or "(3) if a State absentee ballot of the overseas voter is received by the appropriate State election official not later than the deadline for receipt of the State absentee ballot under State law. " Subsec. (c)(1). Pub. L. 108-375, §566(c)(3), substituted "absent uniformed services voter or overseas voter" for "overseas voter". Subsec. (d). Pub. L. 108-375, §566(c)(4), (d)(2), substituted "absent uniformed services voter or overseas voter" for "overseas voter" in heading and two places in text. Subsec. (e)(2). Pub. L. 108-375, §566(c)(5), substituted "absent uniformed services voters and overseas voters" for "overseas voters". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111-383, div. A, title X, §1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(3) is effective as of Oct. 28, 2009, and as if included in Pub. L. 111-84 as enacted. EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111-84, div. A, title V, §581(a)(2), Oct. 28, 2009, 123 Stat. 2326, provided that: "The amendments made by this subsection [amending this section] shall take effect on December 31, 2010, and apply with respect to elections for Federal office held on or after such date. " Amendment by section 582(b) of Pub. L. 111-84 applicable with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office, see section 582(c) of Pub. L. 111-84, set out as a note under section 20302 of this title.  So in original. Probably should be "States' ". 1 §20304. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters (a) Establishment of procedures The Presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Federal office, including absentee ballots prepared by States and the Federal write-in absentee ballot prescribed under section 20303 of this title, and for delivering such marked absentee ballots to the appropriate election officials. (b) Delivery to appropriate election officials (1) In general Under the procedures established under this section, the Presidential designee shall implement procedures that facilitate the delivery of marked absentee ballots of absent overseas uniformed services voters for regularly scheduled general elections for Federal office to the appropriate[Release Point 118-106]
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election officials, in accordance with this section, not later than the date by which an absentee ballot must be received in order to be counted in the election. (2) Cooperation and coordination with the United States Postal Service The Presidential designee shall carry out this section in cooperation and coordination with the United States Postal Service, and shall provide expedited mail delivery service for all such marked absentee ballots of absent uniformed services voters that are collected on or before the deadline described in paragraph (3) and then transferred to the United States Postal Service. (3) Deadline described (A) In general Except as provided in subparagraph (B), the deadline described in this paragraph is noon (in the location in which the ballot is collected) on the seventh day preceding the date of the regularly scheduled general election for Federal office. (B) Authority to establish alternative deadline for certain locations If the Presidential designee determines that the deadline described in subparagraph (A) is not sufficient to ensure timely delivery of the ballot under paragraph (1) with respect to a particular location because of remoteness or other factors, the Presidential designee may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (A) which is sufficient to provide timely delivery of the ballot under paragraph (1). (4) No postage requirement In accordance with section 3406 of title 39, such marked absentee ballots and other balloting materials shall be carried free of postage. (5) Date of mailing Such marked absentee ballots shall be postmarked with a record of the date on which the ballot is mailed. (c) Outreach for absent overseas uniformed services voters on procedures The Presidential designee shall take appropriate actions to inform individuals who are anticipated to be absent overseas uniformed services voters in a regularly scheduled general election for Federal office to which this section applies of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots pursuant to this section. (d) Absent overseas uniformed services voter defined In this section, the term "absent overseas uniformed services voter" means an overseas voter described in section 20310(5)(A) of this title. (e) Authorization of appropriations There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section. (Pub. L. 99-410, title I, §103A, as added Pub. L. 111-84, div. A, title V, §580(a), Oct. 28, 2009, 123 Stat. 2324. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ff-2a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES[Release Point 118-106]
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EFFECTIVE DATE Section applicable with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office, see section 580(f) of Pub. L. 111-84, set out as an Effective Date of 2009 Amendment note under section 20301 of this title. §20305. Federal Voting Assistance Program Improvements (a) Duties The Presidential designee shall carry out the following duties: (1) Develop online portals of information to inform absent uniformed services voters regarding voter registration procedures and absentee ballot procedures to be used by such voters with respect to elections for Federal office. (2) Establish a program to notify absent uniformed services voters of voter registration information and resources, the availability of the Federal postcard application, and the availability of the Federal write-in absentee ballot on the military Global Network, and shall use the military Global Network to notify absent uniformed services voters of the foregoing 90, 60, and 30 days prior to each election for Federal office. (b) Clarification regarding other duties and obligations Nothing in this section shall relieve the Presidential designee of their duties and obligations under any directives or regulations issued by the Department of Defense, including the Department of Defense Directive 1000. 04 (or any successor directive or regulation) that is not inconsistent or contradictory to the provisions of this section. (c) Authorization of appropriations There are authorized to be appropriated to the Federal Voting Assistance Program of the Department of Defense (or a successor program) such sums as are necessary for purposes of carrying out this section. (Pub. L. 99-410, title I, §103B, as added Pub. L. 111-84, div. A, title V, §583(a)(1), Oct. 28, 2009, 123 Stat. 2327. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ff-2b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Section applicable with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office, see section 583(a)(3) of Pub. L. 111-84, set out as an Effective Date of 2009 Amendment note under section 20301 of this title. §20306. Prohibition of refusal of applications on grounds of early submission A State may not refuse to accept or process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 20301 of this title) submitted by an absent uniformed services voter during a year on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that year submitted by absentee voters who are not members of the uniformed services. [Release Point 118-106]
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(Pub. L. 99-410, title I, §104, Aug. 28, 1986, 100 Stat. 926; Pub. L. 107-107, div. A, title XVI, §1606(b), Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107-252, title VII, §§704, 706(a), Oct. 29, 2002, 116 Stat. 1724, 1725; Pub. L. 111-84, div. A, title V, §585(a), (b)(2), Oct. 28, 2009, 123 Stat. 2331. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ff-3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2009—Pub. L. 111-84 substituted "Prohibition of refusal of applications on grounds of early submission" for "Use of single application for all subsequent elections" in section catchline, struck out subsecs. (a) to (d) which related, respectively, to provision of absentee ballot in subsequent elections after acceptance and processing of an official post card form, exception for voters changing registration, revision of official post card form, and construction of provisions with voter removal programs, and struck out subsec. (e) designation and heading before "A State". 2002—Subsec. (a). Pub. L. 107-252, §704, substituted "through the next 2 regularly scheduled general elections for Federal office (including any runoff elections which may occur as a result of the outcome of such general elections), the State shall provide an absentee ballot to the voter for each such subsequent election" for "during that year, the State shall provide an absentee ballot to the voter for each subsequent election for Federal office held in the State during that year". Subsec. (e). Pub. L. 107-252, §706(a), added subsec. (e). 2001—Pub. L. 107-107 amended section catchline and text generally, substituting provisions relating to use of single application for all subsequent elections for provisions relating to recommendations to States to maximize access to polls by absent uniformed services voters and overseas voters. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-252, title VII, §706(b), Oct. 29, 2002, 116 Stat. 1725, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to elections for Federal office that occur after January 1, 2004. " §20307. Enforcement (a) In general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this chapter. (b) Report to Congress Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under subsection (a) during the preceding year. (Pub. L. 99-410, title I, §105, Aug. 28, 1986, 100 Stat. 927; Pub. L. 111-84, div. A, title V, §587, Oct. 28, 2009, 123 Stat. 2333. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ff-4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2009—Pub. L. 111-84 designated existing provisions as subsec. (a), inserted heading, and added subsec. [Release Point 118-106]
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(b). §20308. Reporting requirements (a) Report on status of implementation and assessment of programs Not later than 180 days after October 28, 2009, the Presidential designee shall submit to the relevant committees of Congress a report containing the following information: (1) The status of the implementation of the procedures established for the collection and delivery of marked absentee ballots of absent overseas uniformed services voters under section 20304 of this title, and a detailed description of the specific steps taken towards such implementation for the regularly scheduled general election for Federal office held in November 2010. (2) An assessment of the effectiveness of the Voting Assistance Officer Program of the Department of Defense, which shall include the following: (A) A thorough and complete assessment of whether the Program, as configured and implemented as of October 28, 2009, is effectively assisting absent uniformed services voters in exercising their right to vote. (B) An inventory and explanation of any areas of voter assistance in which the Program has failed to accomplish its stated objectives and effectively assist absent uniformed services voters in exercising their right to vote. (C) As necessary, a detailed plan for the implementation of any new program to replace or supplement voter assistance activities required to be performed under this Act. (3) A detailed description of the specific steps taken towards the implementation of voter registration assistance for absent uniformed services voters under section 1566a of title 10. (b) Biennial report on effectiveness of activities and utilization of certain procedures Not later than September 30 of each odd-numbered year, the Presidential designee shall transmit to the President and to the relevant committees of Congress a report containing the following information with respect to the Federal elections held during the preceding calendar year: (1) An assessment of the effectiveness of activities carried out under section 20305 of this title, including the activities and actions of the Federal Voting Assistance Program of the Department of Defense, a separate assessment of voter registration and participation by absent uniformed services voters, a separate assessment of voter registration and participation by overseas voters who are not members of the uniformed services, and a description of the cooperation between States and the Federal Government in carrying out such section. (2) A description of the utilization of voter registration assistance under section 1566a of title 10, which shall include the following: (A) A description of the specific programs implemented by each military department of the Armed Forces pursuant to such section. (B) The number of absent uniformed services voters who utilized voter registration assistance provided under such section. (3) A description of the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to section 20304 of this title, which shall include the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the reasons such ballots were not so delivered). (c) Definitions In this section: (1) Absent overseas uniformed services voter The term "absent overseas uniformed services voter" has the meaning given such term in[Release Point 118-106]
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section 20304(d) of this title. (2) Presidential designee The term "Presidential designee" means the Presidential designee under section 20301(a) of this title. (3) Relevant committees of Congress defined The term "relevant committees of Congress" means— (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. (Pub. L. 99-410, title I, §105A, as added Pub. L. 111-84, div. A, title V, §586, Oct. 28, 2009, 123 Stat. 2331; amended Pub. L. 116-283, div. A, title V, §595, Jan. 1, 2021, 134 Stat. 3666. ) EDITORIAL NOTES REFERENCES IN TEXT This Act, referred to in subsec. (a)(2)(C), is Pub. L. 99-410, Aug. 28, 1986, 100 Stat. 924, known as the Uniformed and Overseas Citizens Absentee Voting Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1973ff-4a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2021—Subsec. (b). Pub. L. 116-283, §595(a), (b)(1), in heading, substituted "Biennial report" for "Annual report" and, in introductory provisions, substituted "September 30 of each odd-numbered year" for "March 31 of each year" and "the following information with respect to the Federal elections held during the preceding calendar year" for "the following information". Subsec. (b)(3). Pub. L. 116-283, §595(b)(2), substituted "A description" for "In the case of a report submitted under this subsection in the year following a year in which a regularly scheduled general election for Federal office is held, a description". STATUTORY NOTES AND RELATED SUBSIDIARIES TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (b) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114-328, set out as a note under section 111 of Title 10, Armed Forces. §20309. Effect on certain other laws The exercise of any right under this chapter shall not affect, for purposes of any Federal, State, or local tax, the residence or domicile of a person exercising such right. (Pub. L. 99-410, title I, §106, Aug. 28, 1986, 100 Stat. 927. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ff-5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. [Release Point 118-106]
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§20310. Definitions As used in this chapter, the term— (1) "absent uniformed services voter" means— (A) a member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote; (B) a member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and (C) a spouse or dependent of a member referred to in subparagraph (A) or (B) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote; (2) "balloting materials" means official post card forms (prescribed under section 20301 of this title), Federal write-in absentee ballots (prescribed under section 20303 of this title), and any State balloting materials that, as determined by the Presidential designee, are essential to the carrying out of this chapter; (3) "Federal office" means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (4) "member of the merchant marine" means an individual (other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways)— (A) employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States; or (B) enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of any such vessel; (5) "overseas voter" means— (A) an absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved; (B) a person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or (C) a person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States. (6) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa; (7) "uniformed services" means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration; and (8) "United States", where used in the territorial sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa. (Pub. L. 99-410, title I, §107, Aug. 28, 1986, 100 Stat. 927. ) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 1973ff-6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES[Release Point 118-106]
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TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. §20311. Technology pilot program (a) Definitions In this section: (1) Absent uniformed services voter The term "absent uniformed services voter" has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U. S. C. 1973ff-6(1)) [now 52 U. S. C. 20310(1)]. (2) Overseas voter The term "overseas voter" has the meaning given such term in section 107(5) of such Act [52 U. S. C. 20310(5)]. (3) Presidential designee The term "Presidential designee" means the individual designated under section 101(a) of such Act [52 U. S. C. 20301(a)]. (b) Establishment (1) In general The Presidential designee may establish 1 or more pilot programs under which the feasibility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act (42 U. S. C. 1973ff et seq. ) [now 52 U. S. C. 20301 et seq. ]. (2) Design and conduct The design and conduct of a pilot program established under this subsection— (A) shall be at the discretion of the Presidential designee; and (B) shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military voters in elections for Federal office. (c) Considerations In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues: (1) The transmission of electronic voting material across military networks. (2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques. (3) The transmission of ballot representations and scanned pictures in a secure manner. (4) Capturing, retaining, and comparing electronic and physical ballot representations. (5) Utilization of voting stations at military bases. (6) Document delivery and upload systems. (7) The functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental and logistical obstacles and State procedures. (d) Reports The Presidential designee shall submit to Congress reports on the progress and outcomes of any[Release Point 118-106]
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pilot program conducted under this subsection, together with recommendations— (1) for the conduct of additional pilot programs under this section; and (2) for such legislation and administrative action as the Presidential designee determines appropriate. (e) Technical assistance (1) In general The Election Assistance Commission and the National Institute of Standards and Technology shall provide the Presidential designee with best practices or standards in accordance with electronic absentee voting guidelines established under the first sentence of section 1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U. S. C. 1973ff note [now 52 U. S. C. 20301 note]), as amended by section 567 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1919) to support the pilot program or programs. (2) Report In the case in which the Election Assistance Commission has not established electronic absentee voting guidelines under such section 1604(a)(2), as so amended, by not later than 180 days after October 28, 2009, the Election Assistance Commission shall submit to the relevant committees of Congress a report containing the following information: (A) The reasons such guidelines have not been established as of such date. (B) A detailed timeline for the establishment of such guidelines. (C) A detailed explanation of the Commission's actions in establishing such guidelines since October 28, 2004. (3) Relevant committees of Congress defined In this subsection, the term "relevant committees of Congress" means— (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 111-84, div. A, title V, §589, Oct. 28, 2009, 123 Stat. 2334; Pub. L. 111-383, div. A, title X, §1075(d)(6), Jan. 7, 2011, 124 Stat. 4373. ) EDITORIAL NOTES REFERENCES IN TEXT The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (b)(1), is Pub. L. 99-410, Aug. 28, 1986, 100 Stat. 924, which is classified principally to this chapter. Sections 101 and 107 of the Act are classified to sections 20301 and 20310, respectively, of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1973ff-7 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. Section was enacted as part of the Military and Overseas Voter Empowerment Act, and also as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of title I of the Uniformed and Overseas Citizens Absentee Voting Act, which comprises this chapter. AMENDMENTS 2011—Subsec. (a)(1). Pub. L. 111-383, §1075(d)(6)(A), substituted "section 107(1)" for "section 107(a)" and "1973ff-6(1)" for "1973ff et seq. "[Release Point 118-106]
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Criminal penalties. 20511. Civil enforcement and private right of action. 20510. Designation of chief State election official. 20509. Federal coordination and regulations. 20508. Requirements with respect to administration of voter registration. 20507. Voter registration agencies. 20506. Mail registration. 20505. Simultaneous application for voter registration and application for motor vehicle driver's license. 20504. National procedures for voter registration for elections for Federal office. 20503. Definitions. 20502. Findings and purposes. 20501. Sec. Subsec. (e)(1). Pub. L. 111-383, §1075(d)(6)(B), substituted "1973ff note" for "1977ff note". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111-383, div. A, title X, §1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(6) is effective as of Oct. 28, 2009, and as if included in Pub. L. 111-84 as enacted. CHAPTER 205—NATIONAL VOTER REGISTRATION          §20501. Findings and purposes (a) Findings The Congress finds that— (1) the right of citizens of the United States to vote is a fundamental right; (2) it is the duty of the Federal, State, and local governments to promote the exercise of that right; and (3) discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for Federal office and disproportionately harm voter participation by various groups, including racial minorities. (b) Purposes The purposes of this chapter are— (1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office; (2) to make it possible for Federal, State, and local governments to implement this chapter in a manner that enhances the participation of eligible citizens as voters in elections for Federal office; (3) to protect the integrity of the electoral process; and (4) to ensure that accurate and current voter registration rolls are maintained. (Pub. L. 103-31, §2, May 20, 1993, 107 Stat. 77. ) EDITORIAL NOTES REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 103-31, May 20, 1993, 107 Stat. 77, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION[Release Point 118-106]
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