[109th Congress Public Law 246]
[From the U.S. Government Printing Office]
[DOCID: f:publ246.109]
[[Page 120 STAT. 577]]
Public Law 109-246
109th Congress
An Act
To amend the Voting Rights Act of 1965. <<NOTE: July 27, 2006 - [H.R.
9]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Fannie Lou Hamer, Rosa
Parks, and Coretta Scott King Voting Rights Act Reauthorization and
Amendments Act of 2006. 42 USC 1971 note. 42 USC 1973 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fannie Lou Hamer, Rosa Parks, and
Coretta Scott King Voting Rights Act Reauthorization and Amendments Act
of 2006''.
SEC. 2. CONGRESSIONAL PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to ensure that the right of
all citizens to vote, including the right to register to vote and cast
meaningful votes, is preserved and protected as guaranteed by the
Constitution.
(b) Findings.--The Congress finds the following:
(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.
(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changes withdrawn from consideration by jurisdictions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
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;
[[Page 120 STAT. 578]]
(C) the continued filing of section 2 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 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 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.
(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 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.
SEC. 3. CHANGES RELATING TO USE OF EXAMINERS AND OBSERVERS.
(a) Use of Observers.--Section 8 of the Voting Rights Act of 1965
(42 U.S.C. 1973f) is amended to read as follows:
``Sec. 8. (a) Whenever--
``(1) a court has authorized the appointment of observers
under section 3(a) 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 4(b), unless a declaratory
judgment has been rendered under section 4(a), 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
[[Page 120 STAT. 579]]
race or color, or in contravention of the guarantees set
forth in section 4(f)(2) 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) Except as provided in subsection (c), such observers shall be
assigned, compensated, and separated without regard to the provisions of
any statute administered by the Director of the Office of Personnel
Management, and their service under this Act 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, United States Code, prohibiting partisan political
activity.
``(c) 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) 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) <<NOTE: Investigation. Reports.>> Observers shall investigate
and report to the Attorney General, and if the appointment of observers
has been authorized pursuant to section 3(a), to the court.''.
(b) Modification of Section 13.--Section 13 of the Voting Rights Act
of 1965 (42 U.S.C. 1973k) is amended to read as follows:
``Sec. 13. (a) The assignment of observers shall terminate in any
political subdivision of any State--
``(1) with respect to observers appointed pursuant to
section 8 or with respect to examiners certified under this Act
before 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, 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 4(f)(2) in such subdivision; and
[[Page 120 STAT. 580]]
``(2) with respect to observers appointed pursuant to
section 3(a), upon order of the authorizing court.
``(b) 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) A political subdivision may petition the Attorney General for
a termination under subsection (a)(1).''.
(c) Repeal of Sections Relating to Examiners.--Sections 6, 7, and 9
of the Voting Rights Act of 1965 (42 U.S.C. 1973d, 1973e and 1973g) are
repealed.
(d) Substitution of References to ``Observers'' for References to
``Examiners''.--
(1) Section 3(a) of the Voting Rights Act of 1965 (42 U.S.C.
1973a(a)) is amended by striking ``examiners'' each place it
appears and inserting ``observers''.
(2) Section 4(a)(1)(C) of the Voting Rights Act of 1965 (42
U.S.C. 1973b(a)(1)(C)) is amended by inserting ``or observers''
after ``examiners''.
(3) Section 12(b) of the Voting Rights Act of 1965 (42
U.S.C. 1973j(b)) is amended by striking ``an examiner has been
appointed'' and inserting ``an observer has been assigned''.
(4) Section 12(e) of the Voting Rights Act of 1965 (42
U.S.C. 1973j(e)) is amended--
(A) by striking ``examiners'' and inserting
``observers''; and
(B) by striking ``examiner'' each place it appears
and inserting ``observer''.
(e) Conforming Changes Relating to Section References.--
(1) Section 4(b) of the Voting Rights Act of 1965 (42 U.S.C.
1973b(b)) is amended by striking ``section 6'' and inserting
``section 8''.
(2) Subsections (a) and (c) of section 12 of the Voting
Rights Act of 1965 (42 U.S.C. 1973j(a) and 1973j(c)) are each
amended by striking ``7,''.
(3) Section 14(b) of the Voting Rights Act of 1965 (42
U.S.C. 1973l(b)) is amended by striking ``or a court of appeals
in any proceeding under section 9''.
SEC. 4. RECONSIDERATION OF SECTION 4 BY CONGRESS.
Paragraphs (7) and (8) of section 4(a) of the Voting Rights Act of
1965 (42 U.S.C. 1973b(a)) are each amended by striking ``Voting Rights
Act Amendments of 1982'' and inserting ``Fannie Lou Hamer, Rosa Parks,
and Coretta Scott King Voting Rights Act Reauthorization and Amendments
Act of 2006''.
SEC. 5. CRITERIA FOR DECLARATORY JUDGMENT.
Section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c) is
amended--
(1) by inserting ``(a)'' before ``Whenever'';
(2) by striking ``does not have the purpose and will not
have the effect'' and inserting ``neither has the purpose nor
will have the effect''; and
(3) by adding at the end the following:
``(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
[[Page 120 STAT. 581]]
of any citizens of the United States on account of race or color, or in
contravention of the guarantees set forth in section 4(f)(2), 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.''.
SEC. 6. EXPERT FEES AND OTHER REASONABLE COSTS OF LITIGATION.
Section 14(e) of the Voting Rights Act of 1965 (42 U.S.C. 1973l(e))
is amended by inserting ``, reasonable expert fees, and other reasonable
litigation expenses'' after ``reasonable attorney's fee''.
SEC. 7. EXTENSION OF BILINGUAL ELECTION REQUIREMENTS.
Section 203(b)(1) of the Voting Rights Act of 1965 (42 U.S.C.
1973aa-1a(b)(1)) is amended by striking ``2007'' and inserting ``2032''.
SEC. 8. USE OF AMERICAN COMMUNITY SURVEY CENSUS DATA.
Section 203(b)(2)(A) of the Voting Rights Act of 1965 (42 U.S.C.
1973aa-1a(b)(2)(A)) is amended by striking ``census data'' and inserting
``the 2010 American Community Survey census data and subsequent American
Community Survey data in 5-year increments, or comparable census data''.
SEC. 9. STUDY AND REPORT.
The Comptroller General shall study the implementation,
effectiveness, and efficiency of the current section 203 of the Voting
Rights Act of 1965 and alternatives to the current implementation
consistent with that section. The Comptroller General shall report the
results of that study to Congress not later than 1 year after the date
of the enactment of this Act.
Approved July 27, 2006.
LEGISLATIVE HISTORY--H.R. 9 (S. 2703):
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HOUSE REPORTS: No. 109-478 (Comm. on the Judiciary).
SENATE REPORTS: No. 109-295 accompanying S. 2703 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 152 (2006):
July 13, considered and passed House.
July 20, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
July 27, Presidential remarks.
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