(b) State plan requirement; certification of compliance with applicable laws and requirements The requirements referred to in this subsection are as follows:
(1) The State has filed with the Commission a State plan covering the fiscal year which the State certifies
(A) contains each of the elements described in section
15404 of this title with respect to the fiscal year;
(B) is developed in accordance with section
15405 of this title; and
(C) meets the public notice and comment requirements of section
15406 of this title.
(2) The State has filed with the Commission a plan for the implementation of the uniform, nondiscriminatory administrative complaint procedures required under section
15512 of this title (or has included such a plan in the State plan filed under paragraph (1)), and has such procedures in place for purposes of meeting the requirements of such section. If the State does not include such an implementation plan in the State plan filed under paragraph (1), the requirements of sections
15405 (b) and
15406 of this title shall apply to the implementation plan in the same manner as such requirements apply to the State plan.
(3) The State is in compliance with each of the laws described in section
15545 of this title, as such laws apply with respect to this chapter.
(4) To the extent that any portion of the requirements payment is used for activities other than meeting the requirements of subchapter III of this chapter
(A) the States proposed uses of the requirements payment are not inconsistent with the requirements of subchapter III of this chapter; and
(B) the use of the funds under this paragraph is consistent with the requirements of section
15401 (b) of this title.
(5) The State has appropriated funds for carrying out the activities for which the requirements payment is made in an amount equal to 5 percent of the total amount to be spent for such activities (taking into account the requirements payment and the amount spent by the State) and, in the case of a State that uses a requirements payment as a reimbursement under section
15401 (c)(2) of this title, an additional amount equal to the amount of such reimbursement.
(d) Timing for filing of certification A State may not file a statement of certification under subsection (a) of this section until the expiration of the 45-day period (or, in the case of a fiscal year other than the first fiscal year for which a requirements payment is made to the State under this part, the 30-day period) which begins on the date the State plan under this part is published in the Federal Register pursuant to section
15405 (b) of this title.
(e) Chief State election official defined In this part, the chief State election official of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (
42 U.S.C.
1973gg–8) to be responsible for coordination of the States responsibilities under such Act.
