52 U.S.C. § 21041 — Grants for research on voting technology

Page 73 TITLE 52—VOTING AND ELECTIONS § 21041 1 So in original. 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 15423 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21024. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out the provisions of this subpart the fol- lowing amounts: (1) For fiscal year 2003, $50,000,000. (2) For fiscal year 2004, $25,000,000. (3) For fiscal year 2005, $25,000,000. (b) Availability Any amounts appropriated pursuant to the au- thority of subsection (a) shall remain available without fiscal year limitation until expended. (Pub. L. 107–252, title II, § 264, Oct. 29, 2002, 116 Stat. 1699.) Editorial Notes CODIFICATION Section was formerly classified to section 15424 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21025. Reports (a) Reports by recipients Not later than the 1 6 months after the end of each fiscal year for which an eligible State or el- igible unit of local government received a pay- ment under this subpart, the State or unit shall submit a report to the Secretary on the activi- ties conducted with the funds provided during the year, and shall include in the report a list of expenditures made with respect to each cat- egory of activities described in section 21021(b) of this title. (b) Report by Secretary to Committees With respect to each fiscal year for which the Secretary makes payments under this subpart, the Secretary shall submit a report on the ac- tivities carried out under this subpart to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (Pub. L. 107–252, title II, § 265, Oct. 29, 2002, 116 Stat. 1699.) Editorial Notes CODIFICATION Section was formerly classified to section 15425 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBPART 3—GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS § 21041. Grants for research on voting technology improvements (a) In general The Commission shall make grants to assist entities in carrying out research and develop- ment to improve the quality, reliability, accu- racy, accessibility, affordability, and security of voting equipment, election systems, and voting technology. (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 research and de- velopment funded with the grant will take into account the need to make voting equip- ment fully accessible for individuals with dis- abilities, including the blind and visually im- paired, the need to ensure that such individ- uals can vote independently and with privacy, and the need to provide alternative language accessibility for individuals with limited pro- ficiency in the English language (consistent with the requirements of the Voting Rights Act of 1965 [52 U.S.C. 10301 et seq.]); and (2) such other information and certifications as the Commission may require. (c) Applicability of regulations governing patent rights in inventions made with Federal as- sistance Any invention made by the recipient of a grant under this subpart using funds provided under this subpart shall be subject to chapter 18 of title 35 (relating to patent rights in inven- tions made with Federal assistance). (d) Recommendation of topics for research (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 research 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. (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- 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.