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52 U.S.C. § 21061 — Payments for protection and advocacy systems

Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 21061 — Payments for protection and advocacy systems

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Stable record: federal_law:legal_authorities:record_usc_79895cb8fe345b5d96d99a7d
Source file: Laws/federal/codes/united-states-code/title-52/section-21061-payments-for-protection-and-advocacy-systems--7c9e98b301.md
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Source location: Title 52, Chapter 209, § 21061; chapter-209-election-administration-improvement.md

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**(a) In general** In addition to any other payments made under this part, the Secretary of Health and Human Services shall pay the protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim))) of each State to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places. In providing such services, protection and advocacy systems shall have the same general authorities as they are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.). **(b) Minimum grant amount** The minimum amount of each grant to a protection and advocacy system shall be determined and allocated as set forth in subsections (c)(1)(B), (c)(3), (c)(4), (c)(5), (e), and (g) of [section 794e of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794e&num=0&edition=prelim), except that the amount of the grants to systems referred to in subsection (c)(3)(B) 11 So in original. Probably should be followed by “of that section”. shall not be less than $70,000, and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4) 1 shall not be less than $35,000. **(c) Eligible grant recipients** (1) **Definition of State** — For the purposes of this section, the term “State” shall have the meaning given such term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)). (2) **American Indian consortium eligible** — A system serving the American Indian consortium for which funds have been reserved under [section 794e(c)(1)(B) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794e/c/1/B&num=0&edition=prelim) shall be eligible for payments under subsection (a) in the same manner as a protection and advocacy system of a State. **(d) Training and technical assistance program** (1) **In general** — Not later than 90 days after the date on which the initial appropriation of funds for a fiscal year is made pursuant to the authorization under [section 21062 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21062&num=0&edition=prelim), the Secretary shall set aside 7 percent of the amount appropriated under such section and use such portion to make payments to eligible entities to provide training and technical assistance with respect to the activities carried out under this section. (2) **Use of funds** — A recipient of a payment under this subsection may use the payment to support training in the use of voting systems and technologies, and to demonstrate and evaluate the use of such systems and technologies, by individuals with disabilities (including blindness) in order to assess the availability and use of such systems and technologies for such individuals. At least one of the recipients under this subsection shall use the payment to provide training and technical assistance for nonvisual access. (3) **Eligibility** — An entity is eligible to receive a payment under this subsection if the entity— (A) is a public or private nonprofit entity with demonstrated experience in voting issues for individuals with disabilities; (B) is governed by a board with respect to which the majority of its members are individuals with disabilities or family members of such individuals or individuals who are blind; and (C) submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 794e — Measuring of project outcomes and performance

The Commissioner may require that recipients of grants under this subchapter submit information, including data, as determined by the Commissioner to be necessary to measure project outcomes and performance, including any data needed to comply with the Government Performance and Results Act.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15041 — Purpose

The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15001 — Findings, purposes, and policy

**(a) Findings** Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; (4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)); (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15001

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15461 — Transferred

### Statutory Notes #### Codification Section 15461 was editorially reclassified as [section 21061 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21061&num=0&edition=prelim), Voting and Elections.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15461

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 21062 — Authorization of appropriations

**(a) In general** In addition to any other amounts authorized to be appropriated under this part, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2003, 2004, 2005, and 2006, and for each subsequent fiscal year such sums as may be necessary, for the purpose of making payments under [section 21061(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21061/a&num=0&edition=prelim); except that none of the funds provided by this subsection shall be used to initiate or otherwise participate in any litigation related to election-related disability access, notwithstanding the general authorities that the protection and advocacy systems are otherwise afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.). **(b) Availability** Any amounts appropriated pursuant to the authority of this section shall remain available until expended.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15002 — Definitions

In this subchapter: (1) **American Indian Consortium** — The term “American Indian Consortium” means any confederation of 2 or more recognized American Indian tribes, created through the official action of each participating tribe, that has a combined total resident population of 150,000 enrolled tribal members and a contiguous territory of Indian lands in 2 or more States. (2) **Areas of emphasis** — The term “areas of emphasis” means the areas related to quality assurance activities, education activities and early intervention activities, child care-related activities, health-related activities, employment-related activities, housing-related activities, transportation-related activities, recreation-related activities, and other services available or offered to individuals in a community, including formal and informal community supports, that affect their quality of life. (3) **Assistive technology device** — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially, modified or customized, that is used to increase, maintain, or improve functional capabilities of individuals with developmental disabilities. (4) **Assistive technology service** — The term “assistive technology service” means any service that directly assists an individual with a developmental disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) conducting an evaluation of the needs of an individual with a developmental disability, including a functional evaluation of the individual in the individual’s customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of an assistive technology device by an individual with a developmental disability;

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15002

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1078–12 — Loan repayment for civil legal assistance attorneys

**(a) Purpose** The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys. **(b) Definitions** In this section: (1) **Civil legal assistance attorney** — The term “civil legal assistance attorney” means an attorney who— (A) is a full-time employee of— (i) a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or (ii) a protection and advocacy system or client assistance program that provides legal assistance with respect to civil matters and receives funding under— (I) subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.); (II) section 732 or 794e of title 29; (III) part A of title I of the Protection and Advocacy for Individuals with Mental Illness Act ([42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) et seq.); (IV) [section 3004 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3004&num=0&edition=prelim); (V) [section 1320b–21 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b–21&num=0&edition=prelim); (VI) [section 300d–53 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300d–53&num=0&edition=prelim); or (VII) [section 21061 of title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21061&num=0&edition=prelim); (B) as such employee, provides civil legal assista

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 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 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 10101

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15002 — Definitions

Page 8663 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15002 (13) The Chairperson of the National Council on Dis- ability; and (14) No more than 21 other members who shall be ap- pointed to the Committee by the President. These cit- izen members shall consist of individuals who represent a broad spectrum of perspectives, experience, and ex- pertise on intellectual disabilities; persons with intel- lectual disabilities and members of families with a child or adult with intellectual disabilities; and persons employed in either the public or the private sector. Ex- cept as the President may from time to time otherwise direct, appointees under this paragraph shall serve for two-year terms, except that an appointment made to fill a vacancy occurring before the expiration of a term shall be made for the balance of the unexpired term. (b) The President shall designate the Chair of the Committee from the 21 citizen members. The Chair shall preside over meetings of the Committee and rep- resent the Committee on appropriate occasions. SEC. 3. Functions of the Committee. (a) Consistent with subsection (c) of this section, the Committee shall: (1) provide such advice concerning intellectual dis- abilities as the President or the Secretary of Health and Human Services may request; and (2) provide advice to the President concerning the fol- lowing for people with intellectual disabilities: (A) expansion of educational opportunities; (B) promotion of homeownership; (C) assurance of workplace integration; (D) improvement of transportation options; (E) expansion of full access to community living; and (F) increasing access to assistive and universally de- signed technologies. (b) The Committee shall provide an annual report to the President through the Secretary of H

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15002

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15041 — Purpose

Page 8681 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15042 court the record of the proceedings on which the Secretary based the action, as provided in sec- tion 2112 of title 28. (c) Jurisdiction Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Sec- retary or to set the action aside, in whole or in part, temporarily or permanently. Until the fil- ing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action. (d) Findings and remand The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further pro- ceedings. Such new or modified findings of fact shall likewise be conclusive if supported by sub- stantial evidence. (e) Finality The judgment of the court affirming or setting aside, in whole or in part, any action of the Sec- retary shall be final, subject to review by the Supreme Court of the United States upon certio- rari or certification as provided in section 1254 of title 28. (f) Effect The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action. (Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.) § 15029. Authorization of appropriations (a) Funding for State allotments Except as described in subsection (b), there are authorized to be appropriated for allotments under section 15022 of this title $76,

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15041

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