Program Instructions ADD PI-04-01
ADD-PI-04-01
Issued 03/18/04
TO: |
Executive Directors, State Protection and Advocacy Systems |
SUBJECT: |
Availability of Fiscal Year 2004 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)
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 visual impairments, including blindness, hearing impairments, including deafness, the full range of mobility impairments including gross and fine motor impairments, emotional impairments, and intellectual impairments].
| A. | BACKGROUND |
On January 23, 2004, in P.L. 108-199, the Congress appropriated $10,000,000 for the Election Assistance for Individuals with Disabilities (EAID) grant program for States and $5,000,000 for payments for Protection and Advocacy Systems, of which $9,941,000 is available to States and $4,970,500 is available to state 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). 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. Once educated in this matter, Protection & Advocacy Systems may use this information to inform others of the availability of accessible voting equipment and its use.
| D. | AVAILABILITY AND DISTRIBUTION OF FUNDS |
Congress appropriated $5,000,000 for payments to P&A Systems for Federal Fiscal Year (FY) 2004, of which $4,970,500 is available. These funds will be distributed in the following manner:
Approximately $347,935 (seven percent of the appropriated amount) must be set aside for payment to eligible entities to provide training and technical assistance to the P&A Systems with respect to the activities carried out under section 291.
The remainder of the 2004 appropriation, approximately $4,622,565, will be distributed to the Protection and Advocacy Systems, as described below:
- Section 291(b) provides that the funds available for distribution to the P&A systems under the HAVA program will be allotted as follows:
a. The funds (approximately $4,622,565) 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.
b. Public Law 108-199, provided $4,970,500 for section 291(b). Attachment A provides the allocations for each State.
The information presented in this section is intended to summarize the submission and review of P&A Systems’ applications for funding and to describe the content and documentation that must be provided in writing with the application.
- 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 System Executive Director or the designated representative, and contain the assurances as outlined under “C. Use of Funds”. The P&A Systems’ 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 no later than April 19, 2004 to the Administration on Developmental Disabilities at the address below.
U.S. Department of Health and Human Services
Administration for children and Families
Administration on Developmental Disabilities
Attention: Margaret Schaefer
370 L’Enfant Promenade, SW
Mail Stop HHH 405-D
Washington, DC, 20447
Hand-delivered applications are to be delivered to the address noted above. - Our goal is to award the FY 2004 HAVA funds in as expeditious a 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 2004 funds to P&A Systems as expeditiously as possible.
Certifications
- Anti-Lobbying Certification and Disclosure Form
- Other Certifications
Pursuant to 45 CFR Part 93, the Anti-Lobbying Certification and Disclosure Form
(see Attachment C) must be signed and submitted with the State P&A Systems’ application/assurances. If applicable, a Standard Form LLL, which discloses lobbying payments, must also be submitted.
The signature on the assurance document by the authorized official attests to the intent to comply with each of the following other certifications.
(a) Certification Regarding Drug-Free Work Place;
(b) Debarment Certification; and
(c) Certification Regarding Environmental Tobacco Smoke.
| A. | CLOSING DATE FOR RECEIPT OF ASSURANCES |
Please submit the required assurances by April 19, 2004 to the U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Developmental Disabilities, 370 L’Enfant Promenade, SW, Mail Stop HHH 405-D, Washington, DC 20447, Attention: Margaret Schaefer. Upon receipt of applications and assurances, award applications will be processed.
| B. | GRANT ADMINISTRATION REGULATIONS |
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.
| C. | REPORTING REQUIREMENTS |
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, and other information describing work performed 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:
U.S. Department of Health and Human Services
Administration for Children and Families
Administration on Developmental Disabilities
Attn: Margaret Schaefer
370 L’Enfant Promenade, SW
Mail Stop HHH 405-D
Washington, DC 20447
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 period (October 1-September 30) until all funds have been expended. Funds under HAVA are available until expended. Final financial reports are due 90 days after the end of the grant period.
Submit the original SF-269 to ACF at the address below:
Administration for Children and Families
Office of Grants Management
Division of Mandatory Grants
Attn: Joseph Lonergan
370 L’Enfant Promenade, SW
Washington, D.C. 20447
| INQUIRIES TO: | Margaret Schaefer Administration for Children and Families Administration on Developmental Disabilities 370 L’Enfant Promenade, SW Mail Stop HHH 405-D Washington, D.C. 20447 Office: (202) 690-6590; FAX: (202)205-8037 E-Mail: mschaefer@acf.hhs.gov |
| EFFECTIVE DATE: | Upon Issuance. |
/signature/
Patricia A. Morrissey, Ph.D.
Commissioner
Administration on Developmental
Disabilities
Attachment A – FY 2004 Allocations Table
Attachment B – Assurance Document
Attachment C – Certification Regarding Lobbying