U.S. Department Of Health And Human Services

Administration For Children and Families  (AFC)

1.  Log No.:  03-01                2.  Issuance Date:  May 28, 2003

3.  Originating Office:  Administration on Developmental Disabilities 4.  Key words:  Protection and Advocacy Systems; Help America to Vote

PROGRAM INSTRUCTION

TO:                 Executive Directors, State Protection and Advocacy Systems
                        Chairperson, State Developmental Disabilities Councils
                        Executive Directors, State Developmental Disabilities Councils
                        Directors, University Centers of Excellence on Developmental Disabilities
                        Directors, Designated State Agencies

SUBJECT:     Availability of Fiscal Year 2003 Funds under the Help America Vote Act,
                         P.L. 107-252, title II, Subtitle D, section 291, Payments for Protection and
                         Advocacy Systems (42 USC 15461).

PURPOSE:     The purposes of this Program Instruction are: 1) to set forth the conditions placed
                         upon the Protection and Advocacy (P&A) Systems receiving funds under 42 USC
                         15461 of the Help America Vote Act of 2002 (HAVA), and 2) to require P&A
                         Systems to agree to the assurances in writing prior to receiving funds.

LEGAL AND RELATED REFERENCES:  Title II, Subtitle D of the Help America Vote Act of 2002 (HAVA) ((42 U.S.C. 15461); Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act) (42 U.S.C. 15002)); and Section 509 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794e)

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 State and local units of government responsible for elections and individuals associated with operating the election process to establish, expand, and improve access to and participation in the election process by individuals with the full range of disabilities [disabilities such as blindness and visual impairment, deafness or hearing impairment, mobility-related, dexterity-related, emotional or intellectual].

A.      BACKGROUND

On February 20, 2003, in P.L. 108-7, the Miscellaneous Appropriations Act of 2003, the Congress appropriated $13 million for the Election Assistance for Individuals with Disabilities (EAID) grant program for States and $2 million for payments for Protection and Advocacy Systems. 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. In addition to the EAID grant program, HAVA, in title II, Subtitle D, also authorizes the Secretary to pay the Protection and Advocacy System (P&A) (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act)) of each State to ensure full participation in the electoral process by individuals with disabilities, including registering to vote, casting a vote, and accessing polling places.

CFDA Number: The Catalog of Federal Domestic Assistance number is 93.618.

B.      ELIGIBILE GRANTEES

The Protection and Advocacy System of each State and Territory under the Developmental Disabilities Assistance and Bill of Rights Act of 2000.

C.     USE OF FUNDS

Section 291 of HAVA provides that funds be made available to the Protection and Advocacy System of each State and Territory to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote, and accessing polling places. Grant funds are for the purpose of providing services to individuals with disabilities within the State, as well as education and advocacy that ensure the full participation of individuals with disabilities in the electoral process.

As provided by Section 292(a), none of the HAVA funds provided to a P&A System may be used to initiate or otherwise participate in any litigation connected 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.

P&A Systems are strongly encouraged to use the funds to provide education, training and assistance to individuals with disabilities that will promote their participation in the electoral process. Such activities include, but are not limited to, education regarding voter registration, providing individuals with disabilities the opportunity to register to vote, providing education to individuals with disabilities regarding their legal rights pertaining to voting, providing assistance to individuals with disabilities in accessing the polls on Election Day.

P&A Systems may use grant funds to participate in advocacy and education efforts revolving around all HAVA implementation efforts in their State. Such activities may include, but are not limited to, participation on the HAVA State Planning Committee, any subcommittees or coalition efforts regarding the State Plan, review of the work of the Committee, providing comments regarding the State Plan, and review, advocacy, and education concerning the enactment of HAVA State legislation.

P&A Systems may participate in the training and education of election officials, poll workers and election volunteers regarding the rights of the voters with disabilities and best practices in working with individuals with disabilities. Training and education activities may include, but are not limited to, providing training and participating in the development of training and education programs for election officials and poll workers.

P&A Systems may use the grant funds to assist individuals with disabilities in filing complaints under the state-based administrative grievance procedure required by HAVA and to represent individuals with disabilities in any hearings that may be held regarding the complaint.

P&A Systems may provide assistance to States and other governmental entities regarding the physical accessibility of polling places, such as surveying polling places, identifying potential modifications to make specific polling places accessible and developing criteria for identifying accessible polling places.

P&A Systems may use the funds to obtain training and technical assistance on voting issues, including education regarding accessible voting equipment and systems.

D.      AVAILABILITY AND DISTRIBUTION OF FUNDS

Congress appropriated $2 million for payments to P&A Systems for Federal Fiscal Year (FY) 2003. These funds will be distributed in the following manner:

Approximately $140,000 (seven percent of the appropriated amount) must be set aside for payment to eligible entities to provide training and technical assistance with respect to the activities carried out under section 291.

The remainder of the 2003 appropriation, approximately $1.86 million, will be distributed to the Protection and Advocacy Systems, as described below:

1.   Section 291(b) provides that the funds available for distribution to the P&A systems under the HAVA program will be allotted as follows:

  1. The funds (approximately $1.86 million) will be allotted proportionately among the States and Territories based on the population of the State's ratio to the population of all States, as set forth in subsections (c) (3), (c) (4), and (c) (5), (e), and (g) of section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e), except that no State shall receive less than $70,000 and no Territory will receive less than $35,000.
  2. The Miscellaneous Appropriations law, P.L. 108-7, provided $2 million for section 291(b). The minimum amounts have been reduced proportionately (Attachment A).

Attachment A provides the tentative allocations for each State. The tentative allocations are based on the premise that all States will apply for and receive the funds available to them. In the event that not all States apply for or receive their tentative allocations, those funds will be redistributed proportionately among eligible States.

PART II:   PAYMENT APPLICATION INSTRUCTIONS

The information presented in this section is intended to summarize the submission and review of P&A applications for funding and to describe the content and documentation that must be provided in writing with the application.

  1. There is no application kit; the State's application may be in the format of its choice. It must, however, be signed by the P&A Executive Director or the designated representative, and contain the assurances as outlined under "C. Use of Funds". The P&A designated representatives may signify their agreement with the conditions/assurances by signing and returning the assurance document, Attachment B, in Part IV: Attachments. The assurance document signed by the Executive Director of the P&A system or other designated person should be submitted within 60 days of the date of this issuance to the Administration on Developmental Disabilities at the address below.

    Administration for Children and Families
    Office of Administration, Division of Mandatory Grants
    Attention: Joe Lonergan
    370 L'Enfant Promenade, S.W.
    Washington, D.C. 20447

    Hand-delivered applications are to be delivered to: Joseph Lonergan, Director, Division of Mandatory Grants, 901 D Street, S.W., 4th Floor East, Washington, D.C. 20447, telephone number (202) 401-6603.

  2. Our goal is to award the FY 2003 HAVA funds in an as expeditious manner as possible. Therefore, State P&A Systems are encouraged to submit their applications as soon as possible in order for ACF to award the FY 2003 funds to Systems as expeditiously as possible.

Certifications

  1. Anti-Lobbying Certification and Disclosure Form
  2. Pursuant to 45 CFR Part 93, the Anti-Lobbying Certification and Disclosure Form (see Attachment C) must be signed and submitted with the State application/assurances. If applicable, a Standard Form LLL, which discloses lobbying payments, must also be submitted.

  3. Other Certifications
  4. The signature on the assurance document by the authorized official attests to the intent to comply with each of the following other certifications.

    1. Certification Regarding Drug-Free Work Place;
    2. Debarment Certification; and
    3. Certification Regarding Environmental Tobacco Smoke.

PART III:   ADDITIONAL INFORMATION

  1. CLOSING DATE FOR RECEIPT OF ASSURANCES
  2. Please submit the required assurances by July 28, 2003 to the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Administration, Division of Mandatory Grants, 370 L'Enfant Promenade S.W., Washington, D.C. 20447, Attention: Joseph Lonergan. Award applications cannot be processed until the assurances are received.

  3. GRANT ADMINISTRATION REGULATIONS
  4. The regulations that govern the administration of these grants appear in 45 CFR Part 16--Procedures of the Departmental Grant Appeals Board; 45 CFR Part 30--Claims Collection; 45 CFR Part 74--Administration of Grants; 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--Nondiscrimnination 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. Funds are available until expended.

  5. REPORTING REQUIREMENTS
  6. The P&A Systems will prepare and submit annually a narrative report that describes the activities performed, e.g., number of individuals served, types of outreach and education, etc., with the funds authorized under 42 U.S.C. 15461 of the Help America Vote Act of 2002. The annual narrative report is due December 31 of each year. These reports are to be mailed to:

    Administration on Developmental Disabilities
    Administration for Children and Families
    200 Independence Avenue, Southwest, Room 300-F
    Washington, D.C. 20201

    Expenditures under the HAVA program are to be reported using a Financial Status Report (SF-269). Grantees are also required to submit annual financial reports (SF-269) at the end of each 12 month grant period (October 1-September 30) until all funds have been expended. Funds under HAVA are available until expended. Reports are due 90 days after the end of the grant period (December 31).

    Submit the original SF-269 to ACF at the address below:

    Administration for Children and Families
    Office of Administration
    Division of Mandatory Grants
    Attn: Joe Lonergan
    370 L'Enfant Promenade, S.W.
    Washington, D.C. 20447

INQUIRIES TO:     Faith T. McCormick
                                 Administration on Developmental Disabilities
                                 200 Independence Avenue, S.W., Room 300-F
                                 Washington, D.C. 20201
                                 Office: (202) 690-6590; FAX: (202) 690-6904
                                 E-Mail:   fmccormick@acf.hhs.gov

EFFECTIVE DATE:   Upon Issuance.

_______________________
Patricia A. Morrissey, Ph. D.
Commissioner
Administration on Developmental Disabilities

PART IV:  ATTACHMENTS

Attachment A - FY 2003 Tentative Allocations Table
Attachment B - Assurance Document
Attachment C - Certification Regarding Lobbying (available on the HHS website)



ATTACHMENT A

Tentative Allocations to the Protection and Advocacy System
Under the Help America to Vote Act (HAVA)

State
FY 2003 Allotment
State
FY 2003 Allotment
Alabama
34,128
New Jersey
34,218
Alaska
34,128
New Mexico
34,218
Arizona
34,128
New York
34,218
Arkansas
34,128
North Carolina
34,218
California
34,128
North Dakota
34,218
Colorado
34,128
Ohio
34,218
Connecticut
34,128
Oklahoma
34,218
Delaware
34,128
Oregon
34,218
District of Columbia
34,128
Pennsylvania
34,218
Florida
34,128
Puerto Rico
34,218
Georgia
34,128
Rhode Island
34,218
Hawaii
34,128
South Carolina
34,218
Idaho
34,128
South Dakota
34,218
Illinois
34,128
Tennessee
34,218
Indiana
34,128
Texas
34,218
Iowa
34,128
Utah
34,218
Kansas
34,128
Vermont
34,218
Kentucky
34,128
Virginia
34,218
Louisiana
34,128
Washington
34,218
Maine
34,128
West Virginia
34,218
Maryland
34,128
Wisconsin
34,218
Massachusetts
34,128
Wyoming
34,218
Michigan
34,128
American Samoa
17,064
Minnesota
34,128
Guam
17,064
Mississippi
34,128
Northern Mariana Islands
17,064
Missouri
34,128
Virgin Islands
17,064
Montana
34,128
DNA People Legal Services, Inc.
17,064
Nebraska
34,128 1,860,000
Nevada
34,128
7% set-aside
140,000
New Hampshire
34,128 2,000,000




ATTACHMENT B

FY 2003 Assurances for the Help America to Vote Act

This is to certify that the undersigned P&A (name/location) ____________ agrees to expend the Funds received under this Program Instruction (03-01) in accordance with Title II, Part 5, Subtitle D, 42 USC 15461 and 15462 of the Help America Vote Act of 2002, P.L. 107-252, and all other applicable statutes and regulations.



_____________________________________________            ______________________

          P&A                                                                                                          Date

Please mail to:

Administration for Children and Families
Office of Administration, Division of Mandatory Grants
Attention:   Joe Lonergan
370 L'Enfant Promenade, S.W.
Washington, D.C. 20447

>
Updated August 6, 2015

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