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

LEGAL AND RELATED REFERENCES:  Title II, Subtitle D, Part 5, of HAVA 42 U.S.C. 15461-62; 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).

CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER:  93.618

APPLICATION DUE DATE:  2/16/2008

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 (e.g., 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 December 26, 2007, Congress appropriated $12,154,000 for the Voting Access for Individuals with Disabilities (VOTE) grant program for States and $5,256,000 for payments for P&As.  HAVA assigned responsibility for VOTE 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 VOTE grant program, HAVA, in Title II, Subtitle D, also authorizes the Secretary to pay the P&As (as defined in section 102 of the 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.

B.        ELIGIBLE GRANTEES

P&As of each State and Territory under the DD Act.

C.        USE OF FUNDS

Section 291 of HAVA provides that funds be made available to the P&As 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 may be used to initiate or otherwise participate in any litigation connected to election-related disability access, notwithstanding the general authorities that the P&As are otherwise afforded under Subtitle C of Title I of the DD Act.

P&As 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 that pertain to voting, providing assistance to individuals with disabilities in accessing the polls on Election Day.

P&As may use grant funds to participate in advocacy and education efforts revolving around all HAVA implementation efforts in their State or Territory.  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&As 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&As 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&As 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&As 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, P&As 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 $5,256,000 for payments to P&As for Federal Fiscal Year (FY) 2008. These funds will be distributed in the following manner:

Approximately $367,920 (seven percent of the appropriated amount) must be set aside for payment to eligible entities to provide training and technical assistance to the P&As with respect to the activities carried out under section 291.

The remainder of the 2008 appropriation, approximately $4,888,080 will be distributed to the P&As, as described below:

Attachment A, found in Part IV of this Instruction, provides the allocations for each State and Territory. 

PART II: PAYMENT APPLICATION INSTRUCTIONS

There is no application kit; the P&As application may be in the format of its choice.  It must, however, be signed by the P&As Executive Director or the designated representative, and contain the assurances as outlined under “Part I. C.  Use of Funds.”  The P&As’ designated representatives may signify their agreement with the conditions/assurances by signing and returning the assurance document Attachment B, found in Part IV of this Instruction.   The assurance document signed by the Executive Director of the P&A, or other designated person, should be submitted with the application to the Administration on Developmental Disabilities at the address below.

Submission by Mail and/or Hand Delivery:
        
Melvenia Wright
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

ADD’s goal is to award the FY 2008 HAVA funds as quickly as possible.  Therefore, State and Territorial P&As are encouraged to submit their applications as soon as possible in order for ACF to award the FY 2008 funds.

The following certifications are required:

1. Certification Regarding Lobbying
   
   

Pursuant to 45 CFR Part 93, the Certification Regarding Lobbying Form (See Attachment C in Part IV) must be signed and submitted with the P&As application/assurances.  This Certification is also available at http://www.acf.hhs.gov/grants/grants_resources.html.

If applicable, a Disclosure of Lobbying Activities Form, Standard Form (SF) LLL, disclosing lobbying payments, must also be submitted.  The SF-LLL may be found at http://www.acf.hhs.gov/grants/grants_resources.html.     

2. Other Certifications
   
   

   The signature on the assurance document by the authorized official attests to the intent to comply with each of the following other certifications:

   Certification Regarding Environmental Tobacco Smoke. This Certification may be found at http://www.acf.hhs.gov/grants/grants_resources.html.

PART III: ADDITIONAL INFORMATION

A.        CLOSING DATE FOR RECEIPT OF ASSURANCES

Please submit the required assurances by the application due date to the address listed in Part II of this Instruction. The FY 2008 Assurances for the HAVA may be found in Attachment A in Part IV of this Instruction.

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 2 CFR Part 376 – Nonprocurement Debarment and Suspension; 45 CFR Part 16—Procedures of the Departmental Grant Appeals Board; 45 CFR Part 30—Claims Collection; 45 CFR Part 74— Uniform Administration Requirements for Awards and Subawards to Institutions of Higher Education, Hospitals, Other Nonprofit Organizations, and Commercial Organizations; 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 82-Governmentwide Requirements for Drug-Free Workplace (Financial Assistance);45 CFR Part 84—Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance; 45 CFR Part 87 – Equal Treatment for Faith Based Organizations; 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, Local and Tribal Governments; and 45 CFR Part 93—New Restrictions on Lobbying. 

Direct Federal grants, sub-award funds, or contracts under this ACF program shall not be used to support inherently religious activities such as religious instruction, worship, or proselytization. Therefore, organizations must take steps to separate, in time or location, their inherently religious activities from the services funded under this program.  Regulations pertaining to the Equal Treatment for Faith-Based Organizations, which includes the prohibition against Federal funding of inherently religious activities, can be found at the HHS web site at
 http://www.os.dhhs.gov/fbci/waisgate21.pdf.

A faith-based organization receiving HHS funds retains its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs. For example, a faith-based organization may use space in its facilities to provide secular programs or services funded with Federal funds without removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based organization that receives Federal funds retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents in accordance with all program requirements, statutes, and other applicable requirements governing the conduct of HHS funded activities.

Funds under HAVA are available until expended.

C.        REPORTING REQUIREMENTS

The P&As 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 Section 291 of HAVA, 42 U.S.C. 15461 .  The annual narrative report is due December 31 of each year. The annual report OMB Clearance number is 0970-0326.

Completed narrative reports may be mailed to:

Melvenia Wright
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

Expenditures under the HAVA program are to be reported using a Financial Status Report Short Form (SF-269A), which may be found at:
 http://www.whitehouse.gov/omb/grants/grants_forms.html.

Grantees are required to submit a final financial report (SF-269A) 90 days after the end of each 12 - month period (October 1-September 30) until all funds have been expended. 

Please submit the original SF-269A to ACF at the address below:

U.S. Department of Health and Human Services
Administration for Children and Families
Office of Grants Management
Division of Mandatory Grants
Attn:  Manolo Salgueiro
370 L’Enfant Promenade, SW
6th Floor - East
Washington, DC 20447

For further information or inquiries, please contact: 

Melvenia Wright
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
Office:  (202) 690-5557
FAX:  (202) 205-8037
E-mail:  melvenia.wright@acf.hhs.gov

Date:                1/15/2008                                            Patricia A. Morrissey, Ph.D.
                                                                                    Commissioner
                                                                                    Administration on Developmental Disabilities
                                                                                                           

PART IV. ATTACHMENTS

Attachment A – FY 2008 Final Allocations

Attachment B – FY 2008 Assurances for the Help America Vote Act

Attachment C – Certification Regarding Lobbying.

ATTACHMENT A

ATTACHMENT B

FY 2008 Assurances for the Help America Vote Act

This is to certify that the undersigned P&A (name/location)  ____________ agrees to expend the Funds received under this Program Instruction 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.

_____________________________________________                      ______________________
             Protection & Advocacy System                                                       Date

Mail this Assurance to the following address:

Melvenia Wright
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
Phone: 202-690-555

ATTACHMENT C

CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, United States Code (U.S.C.).  Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Statement for Loan Guarantees and Loan Insurance

The undersigned states, to the best of his or her knowledge and belief, that: any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

_____________________________
Signature

_____________________________
Title

_____________________________
Organization

Posted on January 29, 2008