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

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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Source location: Title 52, Chapter 209, § 21062; chapter-209-election-administration-improvement.md

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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

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

42 U.S.C. § 15462 — Transferred

### Statutory Notes #### Codification Section 15462 was editorially reclassified as [section 21062 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21062&num=0&edition=prelim), Voting and Elections.

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

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

**(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 Bi

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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,

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

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

Page 76 TITLE 52—VOTING AND ELECTIONS § 21062 (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 authoriza- tion under section 21062 of this title, the Sec- retary 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 sub- section may use the payment to support train- ing in the use of voting systems and tech- nologies, and to demonstrate and evaluate the use of such systems and technologies, by indi- viduals with disabilities (including blindness) in order to assess the availability and use of such systems and technologies for such indi- viduals. At least one of the recipients under this subsection shall use the payment to pro- vide training and technical assistance for non- visual 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 indi- viduals with disabilities or family members of such individuals or individuals who are blind; and (C) submits to the Secretary an applica- tion at such time, in such manner, and con- taining such information as the Secretary may require. (Pub. L. 107–252, title II, § 291, Oct. 29, 2002, 116 Stat. 1702; Pub. L. 117–182, § 2, Sept. 30, 2022, 136 Stat. 2178.) Editorial Notes REFERENCES IN T

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