Help America Vote Act

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   [Federal Register: May 21, 2003 (Volume 68, Number 98)] [Notices]                [Page 27816-27818] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21my03-46]                           -----------------------------------------------------------------------   DEPARTMENT OF HEALTH AND HUMAN SERVICES   Administration for Children and Families     State Grants for Election Assistance for Individuals With  Disabilities (EAID)   AGENCY: Administration on Developmental Disabilities (ADD),  Administration for Children and Families, Department of Health and  Human Services.   ACTION: Notification of the Availability of Fiscal Year 2003 Funds  under the Help America Vote Act, Public Law (Pub. L.) 107-252, title II  subtitle D, part 2, section 261, Payments to States and Units of Local  Governments to Assure Access for Individuals with Disabilities (42  U.S.C. 15421).  -----------------------------------------------------------------------  SUMMARY: The purposes of this notice are: (1) To set forth the  requirements that must be met by a State seeking a payment under 42  U.S.C. 15421 of the Help America Vote Act of 2002 (HAVA); and (2) to  secure assurances from such a State related to conditions prior to  receiving a payment.   EFFECTIVE DATE: May 21, 2003.   FOR FURTHER INFORMATION CONTACT: Contact Diann Winford at (202) 690- 5963, dwinford@acf.hhs.gov or Carla Brown at (202) 690-8332,  crbrown@acf.hhs.gov.  SUPPLEMENTARY INFORMATION:   Part I: Introduction      The Help America Vote Act (HAVA), signed into law by President  George W. Bush on October 29, 2002, contains several provisions that  will enable an applicant to establish, expand, and improve access to  and participation by individuals with the full range of disabilities  (e.g., blindness or visual impairment, deafness or hearing impairment,  mobility-related, dexterity-related, emotional or intellectual) in the  election process. The Catalog of Federal Domestic Assistance Number for  this announcement is: 93.617.   Background      On February 20, 2003, in Division (N)--``Emergency Relief and  Offsets,'' Title I Election Reform, Disabled Voters Services, the  Miscellaneous Appropriations Act, 2003, Pub. L. 108-7, Congress  appropriated $13 million for States to operate the Election Assistance  for Individuals with Disabilities (EAID) grant program. HAVA assigned  responsibility for the EAID to the Secretary of Health and Human  Services (the Secretary), who has assigned responsibility for carrying  out this program to the Administration for Children and Families (ACF).  Within ACF, the Administration on Developmental Disabilities (ADD) is  responsible for the administration of the EAID grant program.   Eligible Applicants      As defined by section 901 of HAVA, States (including the District  of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and  the Virgin Islands) are eligible to apply for grants under the EAID  program. Grants are not available to local units of government directly  from the Federal Government in FY 2003 because Division (N)-- ``Emergency Relief and Offsets,'' Title I Election Reform, Disabled  Voters Services, the Miscellaneous Appropriations Act, 2003, Pub. L.  108-7, only appropriated funds for grants to States for FY 2003. Thus,  while units of local government as well as States are eligible for  funding under Section 261 of the Help America Vote Act, the annual  appropriations statute did not make funds available for grants to local  governments.   Availability and Distribution of Funds      Congress appropriated $13,000,000 for payments to States for  Federal fiscal year 2003. Payment amounts to States and Territories  will be based on the relative size of the voting age population (i.e.,  number of individuals 18 years of age or older as reported in the 2000  U.S. Census) of those States and Territories requesting payment, with  the exception that no State or Territory applying for funds shall  receive a payment of less than $100,000. See Table I for the amount  reserved for each State and Territory, assuming all 55 States and  Territories submit applications. If fewer than 55 States and  Territories submit applications, those States and Territories applying  for payment will receive a proportionately higher amount than that  listed on Table I.      Any payment distributed shall remain available until expended.      In order to receive a payment a State must meet all of the  requirements in Part II of this Notice. State governments receiving  funds under this announcement will need to collaborate with local chief  election officials and local units of government to determine where and  how to expend funds.     The Federal Government reserves the right to audit expenditure of  funds received under this announcement pursuant to section 902 of the  Help American Vote Act, 42 U.S.C. 15542 and 45 CFR 92.26, where  applicable.   Use of Allotments      Section 261 of HAVA provides that funds be made available to:     a. Make polling places, including the path of travel, entrances,  exits, and voting areas of each polling facility, accessible to  individuals with the full range of disabilities (e.g., blindness or  visual impairment, deafness or hearing impairment, mobility-related,  dexterity-related, emotional, or intellectual).     b. Provide the same opportunity for access and participation  (including privacy and independence) to individuals with the full range  of disabilities.     c. Train election officials, poll workers, and election volunteers  on how best to promote the access and participation of individuals with  the full range of disabilities in elections for Federal office.     d. Provide individuals with the full range of disabilities with  information about the accessibility of polling places.   Part II: Application Requirements      All of the following conditions must be met by an applicant seeking  a payment under 42 U.S.C. 15421 of the Help America Vote Act of 2002.  An applicant must agree to these conditions in writing prior to  receiving a payment by submitting an application. The conditions are to  ensure that a payment will be used in compliance with HAVA. Payments  must be used to pay for the activities described under Part I, Use of  Allotments.  Conditions     1. Some portion of the grant must be used for each of the following  activities.     a. Make polling places, including the path of travel, entrances,  exits, and voting areas of each polling facility, accessible to  individuals with the full range of disabilities.     b. Provide the same opportunity for access and participation  (including privacy and independence) to individuals with the full range  of disabilities as for other voters.     c. Train election officials, poll workers, and election volunteers  on how best to promote the access and participation of individuals with the full range of disabilities in  elections for Federal office.     d. Provide individuals with the full range of disabilities with  information about the accessibility of polling places.      2. In an application an applicant must provide:     a. The name of the State submitting the application.     b. The name of the Chief Election Official of the State submitting  the application.     c. Contact person: name, title, address, phone, fax, and e-mail  address.     d. A description of what the applicant intends to do in each of the  four categories of activities outlined under 1 above.     e. How much of the payment that the applicant intends to spend on  each of the four categories of activities outlined in 1 above.     f. An assurance that six months after the ending of the fiscal year  in which a payment is received, the Chief Election Official or his/her  designee will submit a report to the Administration on Developmental  Disabilities for the Secretary of Health and Human Services describing  how the payment received was used with regard to the four categories of  activities.      3. The application must include a completed SF 424, available at  this Web address: http://www.acf.hhs.gov/programs/add/announce.htm      4. The application must include the following certifications:     a. Anti-Lobbying Certification and Disclosure Form (45 CFR part 93).     b. Other Certifications: The signature on the application by the  authorized official attests to the intent to comply with the following  other certifications:      A. Certification Regarding Drug-Free Work Place (45 CFR part 76)     B. Debarment Certification (45 CFR 76); and     C. Certification Regarding Environmental Tobacco Smoke.     5. The application must be signed by the Chief Election Official.     6. An application must be received 45 days from date of this  notice, and no later than 4:30 p.m. EDT, at the U.S. Department of  Health and Human Services, ACF/Office of Grants Management, 370  L'Enfant Promenade SW, Mail Stop 326F, Washington, DC 20447-0002,  Attention: Joseph Lonergan. Hand-delivered applications should be  delivered to Joseph Lonergan, Director, Division of Mandatory Grants,  Office of Grants Management, 901 D Street, SW., 4th Floor East,  Washington, DC (Telephone number: (202) 401-6603)). Any applications  received after 4:30 p.m. on the deadline date will not be considered  for payment.   Part III: Additional Information   Closing Date for Receipt of Assurances      The closing date for receipt of all applications is 45 days from  the date of this notice.   Grant Administration Regulations      The regulations that govern the administration of these grants are:  45 CFR part 16--Procedures of the Departmental Grant Appeals Board; 45  CFR part 30--Claims Collection; 45 CFR part 76--Governmentwide  Debarment and Suspension (Nonprocurement) and Governmentwide  Requirements for Drug-Free Workplace (Grants); 45 CFR part 80-- Nondiscrimination Under Programs Receiving Federal Assistance Through  the Department of Health and Human Services Effectuation of Title VI of  the Civil Rights Act of 1964; 45 CFR part 81--Practice and Procedure  for Hearings Under Part 80 of This Title; 45 CFR part 84-- Nondiscrimination on the Basis of Handicap in Programs and Activities  Receiving Federal Financial Assistance; 45 CFR part 91-- Nondiscrimination on the Basis of Age in HHS Programs or Activities  Receiving Federal Financial Assistance; 45 CFR part 92--Uniform  Administrative Requirements for Grants and Cooperative Agreements to  State and Local Governments; and 45 CFR part 93--New Restrictions on  Lobbying.   Reporting Requirements      Each grantee is required to submit annually a narrative report that  describes how the funds are used in regard to the four categories of  activities authorized under 42 U.S.C. 15461 of the Help America Vote  Act of 2002. These reports are due no later than March 31 of each year.  Reports must be mailed to:   Administration on Developmental Disabilities, 200 Independence Avenue,  Southwest, Room 300-F, Washington, DC 20201, Attention: Debbie Powell.      Expenditures under the EAID program are to be reported using a  Financial Status Report (SF-269A). Grantees are required to submit  annual financial reports (SF-269A) at the end of each 12 month grant  period (September 1-August 31) until all funds have been expended.  Funds under EAID are available until expended. Reports are due 90 days  after the end of the grant period (November 30).      Submit the original SF-269A to ACF at the address below:  Administration for Children and Families, Office of Administration,  Division of Mandatory Grants, Attn: Joseph Lonergan, 370 L'Enfant  Promenade, SW, Washington, DC 20447.   Notification Under Executive Order 12372      This program is covered under E.O. 12372, ``Intergovernmental  Review of Federal Programs'' and 45 CFR part 100, ``Intergovernmental  Review of Department of Health and Human Services Programs and  Activities.'' However, since units of local governments are not funded  in Fiscal Year 2003, the review and comment provisions of the Executive  Order and Part 100 do not apply for fiscal year 2003.   Paperwork Reduction Act      In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96- 511), the application requirements contained in this notice have been  approved by the Office of Management and Budget under control number  0348-0043.     FY 2003 Tentative Allocations for Election Assistance for Individuals                        With Disabilities.--Table I  ------------------------------------------------------------------------                                                                 FY 2003                             State                              tentative                                                                allotments  ------------------------------------------------------------------------  Alabama....................................................      185,341  Alaska.....................................................      100,000  American Samoa.............................................      100,000  Arizona....................................................      209,686  Arkansas...................................................      109,029  California.................................................    1,371,756  Colorado...................................................      178,308  Connecticut................................................      142,841  Delaware...................................................      100,000  District of Columbia.......................................      100,000  Florida....................................................      687,278  Georgia....................................................      335,237  Guam.......................................................      100,000  Hawaii.....................................................      100,000  Idaho......................................................      100,000  Illinois...................................................      511,102  Indiana....................................................      251,048  Iowa.......................................................      122,161  Kansas.....................................................      110,057  Kentucky...................................................      169,755  Louisiana..................................................      181,021  Maine......................................................      100,000  Maryland...................................................      219,527  Massachusetts..............................................      270,154  Michigan...................................................      409,083  Minnesota..................................................      202,382  Mississippi................................................      115,296  Missouri...................................................      232,185  Montana....................................................      100,000  Nebraska...................................................      100,000  Nevada.....................................................      100,000  New Hampshire..............................................      100,000  New Jersey.................................................      352,485  New Mexico.................................................      100,000  New York...................................................      795,936  North Carolina.............................................      339,029  North Dakota...............................................      100,000  Oregon.....................................................      143,454  Pennsylvania...............................................      521,409  Puerto Rico................................................      151,345  Rhode Island...............................................      100,000  South Carolina.............................................      167,271  South Dakota...............................................      100,000  Tennessee..................................................      240,958  Texas......................................................      833,749  Utah.......................................................      100,000  Vermont....................................................      100,000  Virgin Islands.............................................      100,000  Virginia...................................................      297,522  Washington.................................................      244,039  West Virginia..............................................      100,000  Wisconsin..................................................      185,426  Wyoming....................................................      100,000  Total......................................................   13,000,000  ------------------------------------------------------------------------      Dated: May 14, 2003. Patricia A. Morrissey, Commissioner, Administration on Developmental Disabilities. [FR Doc. 03-12699 Filed 5-20-03; 8:45 am]   BILLING CODE 4184-01-P  
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Updated August 6, 2015

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