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52 U.S.C. § 21051 — Pilot program

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

52 U.S.C. § 21051 — Pilot program

Page 74 TITLE 52—VOTING AND ELECTIONS § 21042 graph (3), the Director shall prepare and sub- mit to the Commission an evaluation of the grant and the activities carried out under the grant. (B) Inclusion in reports The Commission shall include the evalua- tions submitted under subparagraph (A) for a year in the report submitted for the year under section 20927 of this title. (e) Provision of information on projects The Commission may provide to the Technical Guidelines Development Committee under sub- part 3 of part A of this subchapter such informa- tion regarding the activities funded under this subpart as the Commission deems necessary to assist the Committee in carrying out its duties. (Pub. L. 107–252, title II, § 271, Oct. 29, 2002, 116 Stat. 1699.) Editorial Notes REFERENCES IN TEXT The Voting Rights Act of 1965, referred to in subsec. (b)(1), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which is classified generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15441 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21042. Report (a) In general Each entity which receives a grant under this subpart shall submit to the Commission a report describing the activities carried out with the funds provided under the grant. (b) Deadline An entity shall submit a report required under subsection (a) not later than 60 days after the end of the fiscal year for which the entity re- ceived the grant which is the subject of the re- port. (Pub. L. 107–252, title II, § 272, Oct. 29, 2002, 116 Stat. 1700.) Ed

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Page 74 TITLE 52—VOTING AND ELECTIONS § 21042 graph (3), the Director shall prepare and sub- mit to the Commission an evaluation of the grant and the activities carried out under the grant. (B) Inclusion in reports The Commission shall include the evalua- tions submitted under subparagraph (A) for a year in the report submitted for the year under section 20927 of this title. (e) Provision of information on projects The Commission may provide to the Technical Guidelines Development Committee under sub- part 3 of part A of this subchapter such informa- tion regarding the activities funded under this subpart as the Commission deems necessary to assist the Committee in carrying out its duties. (Pub. L. 107–252, title II, § 271, Oct. 29, 2002, 116 Stat. 1699.) Editorial Notes REFERENCES IN TEXT The Voting Rights Act of 1965, referred to in subsec. (b)(1), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which is classified generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15441 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21042. Report (a) In general Each entity which receives a grant under this subpart shall submit to the Commission a report describing the activities carried out with the funds provided under the grant. (b) Deadline An entity shall submit a report required under subsection (a) not later than 60 days after the end of the fiscal year for which the entity re- ceived the grant which is the subject of the re- port. (Pub. L. 107–252, title II, § 272, Oct. 29, 2002, 116 Stat. 1700.) Editorial Notes CODIFICATION Section was formerly classified to section 15442 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21043. Authorization of appropriations (a) In general There are authorized to be appropriated for grants under this subpart $20,000,000 for fiscal year 2003. (b) Availability of funds Amounts appropriated pursuant to the author- ization under this section shall remain avail- able, without fiscal year limitation, until ex- pended. (Pub. L. 107–252, title II, § 273, Oct. 29, 2002, 116 Stat. 1700.) Editorial Notes CODIFICATION Section was formerly classified to section 15443 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBPART 4—PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY § 21051. Pilot program (a) In general The Commission shall make grants to carry out pilot programs under which new tech- nologies in voting systems and equipment are tested and implemented on a trial basis so that the results of such tests and trials are reported to Congress. (b) Eligibility An entity is eligible to receive a grant under this subpart if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) certifications that the pilot programs funded with the grant will take into account the need to make voting equipment fully ac- cessible for individuals with disabilities, in- cluding the blind and visually impaired, the need to ensure that such individuals can vote independently and with privacy, and the need to provide alternative language accessibility for individuals with limited proficiency in the English language (consistent with the require- ments of the Voting Rights Act of 1965 [52 U.S.C. 10301 et seq.] and the requirements of this chapter); and (2) such other information and certifications as the Commission may require. (c) Recommendation of topics for pilot programs (1) In general The Director of the National Institute of Standards and Technology (hereafter in this section referred to as the ‘‘Director’’) shall submit to the Commission an annual list of the Director’s suggestions for issues which may be the subject of pilot programs funded with grants awarded under this subpart during the year. (2) Review of grant applications received by Commission The Commission shall submit each applica- tion it receives for a grant under this subpart to the Director, who shall review the applica- tion and provide the Commission with such comments as the Director considers appro- priate. (3) Monitoring and adjustment of grant activi- ties at request of Commission After the Commission has awarded a grant under this subpart, the Commission may re- quest that the Director monitor the grant, and (to the extent permitted under the terms of the grant as awarded) the Director may rec- ommend to the Commission that the recipient of the grant modify and adjust the activities carried out under the grant. Page 75 TITLE 52—VOTING AND ELECTIONS § 21061 1 So in original. Probably should be followed by ‘‘of that sec- tion’’. (4) Evaluation of grants at request of Commis- sion (A) In general In the case of a grant for which the Com- mission submits the application to the Di- rector under paragraph (2) or requests that the Director monitor the grant under para- graph (3), the Director shall prepare and sub- mit to the Commission an evaluation of the grant and the activities carried out under the grant. (B) Inclusion in reports The Commission shall include the evalua- tions submitted under subparagraph (A) for a year in the report submitted for the year under section 20927 of this title. (d) Provision of information on projects The Commission may provide to the Technical Guidelines Development Committee under sub- part 3 of part A of this subchapter such informa- tion regarding the activities funded under this subpart as the Commission deems necessary to assist the Committee in carrying out its duties. (Pub. L. 107–252, title II, § 281, Oct. 29, 2002, 116 Stat. 1701.) Editorial Notes REFERENCES IN TEXT The Voting Rights Act of 1965, referred to in subsec. (b)(1), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which is classified generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of this title. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsec. (b)(1), was in the original ‘‘this Act’’, meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15451 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21052. Report (a) In general Each entity which receives a grant under this subpart shall submit to the Commission a report describing the activities carried out with the funds provided under the grant. (b) Deadline An entity shall submit a report required under subsection (a) not later than 60 days after the end of the fiscal year for which the entity re- ceived the grant which is the subject of the re- port. (Pub. L. 107–252, title II, § 282, Oct. 29, 2002, 116 Stat. 1702.) Editorial Notes CODIFICATION Section was formerly classified to section 15452 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21053. Authorization of appropriations (a) In general There are authorized to be appropriated for grants under this subpart $10,000,000 for fiscal year 2003. (b) Availability of funds Amounts appropriated pursuant to the author- ization under this section shall remain avail- able, without fiscal year limitation, until ex- pended. (Pub. L. 107–252, title II, § 283, Oct. 29, 2002, 116 Stat. 1702.) Editorial Notes CODIFICATION Section was formerly classified to section 15453 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBPART 5—PROTECTION AND ADVOCACY SYSTEMS § 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 Develop- mental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) of each State to en- sure full participation in the electoral process for individuals with disabilities, including reg- istering to vote, casting a vote and accessing polling places. In providing such services, pro- tection 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 et seq.). (b) Minimum grant amount The minimum amount of each grant to a pro- tection and advocacy system shall be deter- mined and allocated as set forth in subsections (c)(1)(B), (c)(3), (c)(4), (c)(5), (e), and (g) of sec- tion 794e of title 29, except that the amount of the grants to systems referred to in subsection (c)(3)(B) 1 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 Dis- abilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). (2) American Indian consortium eligible A system serving the American Indian con- sortium for which funds have been reserved under section 794e(c)(1)(B) of title 29 shall be eligible for payments under subsection (a) in the same manner as a protection and advocacy system of a State.

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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;

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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

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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. § 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. § 10301 — Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation

**(a)** No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in [section 10303(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/f/2&num=0&edition=prelim), as provided in subsection (b). **(b)** A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.

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

52 U.S.C. § 10301 — Denial or abridgement of right to vote on

Page 7 TITLE 52—VOTING AND ELECTIONS § 10301 cited as the ‘Voting Accessibility for the Elderly and Handicapped Act’.’’ SHORT TITLE OF 1982 ACT Pub. L. 97–205, § 1, June 29, 1982, 96 Stat. 131, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Voting Rights Act Amendments of 1982’.’’ SHORT TITLE OF 1980 ACT Pub. L. 96–187, Jan. 8, 1980, 93 Stat. 1339, provided in part: ‘‘That this Act [see Tables for classification] may be cited as the ‘Federal Election Campaign Act Amend- ments of 1979’.’’ SHORT TITLE OF 1976 ACT Pub. L. 94–283, § 1, May 11, 1976, 90 Stat. 475, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Federal Election Campaign Act Amend- ments of 1976’.’’ SHORT TITLE OF 1975 ACT Pub. L. 94–203, § 1, Jan. 2, 1976, 89 Stat. 1142, which provided that Pub. L. 94–203 (see Tables for classifica- tion) was to be cited as ‘‘Overseas Citizens Voting Rights Act of 1975’’, was repealed by Pub. L. 99–410, title II, § 203, Aug. 28, 1986, 100 Stat. 930. SHORT TITLE OF 1974 ACT Pub. L. 93–443, Oct. 15, 1974, 88 Stat. 1263, provided in part: ‘‘That this Act [see Tables for classification] may be cited as the ‘Federal Election Campaign Act Amend- ments of 1974’.’’ SHORT TITLE OF 1972 ACT Pub. L. 92–225, Feb. 7, 1972, 86 Stat. 3, provided in part: ‘‘That this Act [see Tables for classification] may be cited as the ‘Federal Election Campaign Act of 1971’.’’ SHORT TITLE OF 1970 ACT Pub. L. 91–285, § 1, June 22, 1970, 84 Stat. 314, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Voting Rights Act Amendments of 1970’.’’ SHORT TITLE OF 1965 ACT Pub. L. 89–110, § 1, Aug. 6, 1965, 79 Stat. 437, provided that: ‘‘This Act [see Tables for classification] shall be known as t

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

52 U.S.C. § 21051 — Pilot program

**(a) In general** The Commission shall make grants to carry out pilot programs under which new technologies in voting systems and equipment are tested and implemented on a trial basis so that the results of such tests and trials are reported to Congress. **(b) Eligibility** An entity is eligible to receive a grant under this subpart if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) certifications that the pilot programs funded with the grant will take into account the need to make voting equipment fully accessible for individuals with disabilities, including the blind and visually impaired, the need to ensure that such individuals can vote independently and with privacy, and the need to provide alternative language accessibility for individuals with limited proficiency in the English language (consistent with the requirements of the Voting Rights Act of 1965 [[52 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10301&num=0&edition=prelim) et seq.] and the requirements of this chapter); and (2) such other information and certifications as the Commission may require. **(c) Recommendation of topics for pilot programs** (1) **In general** — The Director of the National Institute of Standards and Technology (hereafter in this section referred to as the “Director”) shall submit to the Commission an annual list of the Director’s suggestions for issues which may be the subject of pilot programs funded with grants awarded under this subpart during the year. (2) **Review of grant applications received by Commission** — The Commission shall submit each application it receives for a grant under this subpart to the Director, who shall review the application and

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