brennan center for justice

258. See United States Department of Justice, Federal Programs Branch, http://www.justice.gov/civil/Federal%20Programs.htm(last visited May 28, 2010).259. 42 U.S.C. § 15511 (2009).260. See 49 U.S.C. § 30166 (2009); 15 U.S.C. § 2065(b) (2009).261. 15 U.S.C. § 2065(a) (2009).262. See, e.g., 49 U.S.C. § 30166(b) (2009) (“The Secretary of Transportation may conduct an inspection or investigationthat may be necessary to enforce this chapter.”).263. 49 C.F.R. § 554.5 (2009).264. See Part IV.1.C, supra.265. See 49 U.S.C. § 30166(g)(1)(B) (2009) (“[T]he Secretary . . . may conduct hearings, administer oaths, take testimony,and require (by subpena [sic] or otherwise) the appearance and testimony of witnesses and the production ofrecords the Secretary considers advisable.”); 15 U.S.C. § 2076(b)(3) (2009) (“The Commission shall also have thepower . . . to require by subpena [sic] the attendance and testimony of witnesses and the production of all documentaryevidence relating to the execution of its duties.”).266. See 49 U.S.C. § 30166(e) (2009) (The Secretary . . . reasonably may require a manufacturer of a motor vehicle ormotor vehicle equipment to keep records, and a manufacturer, distributor, or dealer to make reports, to enable theSecretary to decide whether [it] has complied or is complying with this chapter or a regulation prescribed or orderissued under this chapter.); 15 U.S.C. § 2065(b) (2009) (“Every person who is a manufacturer, private labeler, ordistributor of a consumer product shall establish and maintain such records, make such reports, and provide suchinformation as the Commission may, by rule, reasonably require for the purposes of implementing this Act, or todetermine compliance with rules or orders prescribed under this Act.”).267. Consumer Product Safety Act, Pub. L. No. 92–573, 15 U.S.C. §§ 2051−2089 (2009).268. See United States Department of Justice, Voting Section Litigation, Cases Raising Claims Under the Help AmericaVote Act (HAVA), http://www.justice.gov/crt/voting/litigation/caselist.php#hava (last visited May 2010).269. VSTCPM, supra note 16 at 7.270. See GAO Voting Systems Report, supra note 15 at 4-5.271. VSTCPM, supra note 16 at 2.6.272. Id. at 7.1.273. See e.g., GAO Voting Systems Report, supra note 15 at 31, Hearing on the Election Assistance Commission: HearingBefore the Subcomm. on Elections of the House Committee on House Administration, 110 th Cong. (2008) (statement ofCaroline Hunter, Vice Chair, Election Assistance Commission), available at http://cha.house.gov/UserFiles/82_testimony.pdf(stating that the EAC’s power to decertify machines is limited to machines it has certified).274. Bowsher v. Synar, 478 U.S. 714 (1986).275. National Traffic and Motor Vehicle Safety Act of 1966, Pub. L. No. 89–564, 80 Stat. 731 (1966) (codified asamended at 49 U.S.C. §§ 30101–70 (2009)).276. 49 U.S.C. § 30165(a)(1) (2009).Brennan Center for Justice | 111