+-----------------+------------------------+---------------------------+
| ACF             | **U.S. DEPARTMENT OF   |                           |
|                 | HEALTH AND HUMAN       |                           |
|                 | SERVICES**             |                           |
|                 |                        |                           |
|                 | **Administration on    |                           |
|                 | Developmental          |                           |
|                 | Disabilities**         |                           |
+-----------------+------------------------+---------------------------+
| Administration  | **1. Log No:** 03-01   | **2. Issuance Date:** May |
|                 |                        | 28, 2003                  |
+-----------------+------------------------+---------------------------+
| For Children    | **3. Originating       |                           |
|                 | Office:**              |                           |
|                 | Administration on      |                           |
|                 | Developmental          |                           |
|                 | Disabilities           |                           |
+-----------------+------------------------+---------------------------+
| And Families    | **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:

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a.  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.

b.  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., 4^th^
> 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**

> 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.

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.

(a) Certification Regarding Drug-Free Work Place;

(b) Debarment Certification; and

(c) Certification Regarding Environmental Tobacco Smoke.

#### PART III: ADDITIONAL INFORMATION

**A. CLOSING DATE FOR RECEIPT OF ASSURANCES**

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.

####### 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, 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

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

####### ATTACHMENT A

**Tentative Allocations to the Protection and Advocacy System**

Under the Help America to Vote Act (HAVA)

  -------------------- --------------- ------ -------------------- -- --------------- ---
                                                                                      

                                                                                      

                                                                                      

                                                                                      

                                                                                      

  **State**            **FY 2003**            **State**               **FY 2003**     

                       **Allotment**                                  **Allotment**   

                                                                                      

  Alabama              34,128                 New Jersey              34,128          

  Alaska               34,128                 New Mexico              34,128          

  Arizona              34,128                 New York                34,128          

  Arkansas             34,128                 North Carolina          34,128          

  California           34,128                 North Dakota            34,128          

  Colorado             34,128                 Ohio                    34,128          

  Connecticut          34,128                 Oklahoma                34,128          

  Delaware             34,128                 Oregon                  34,128          

  District of Columbia 34,128                 Pennsylvania            34,128          

  Florida              34,128                 Puerto Rico             34,128          

  Georgia              34,128                 Rhode Island            34,128          

  Hawaii               34,128                 South Carolina          34,128          

  Idaho                34,128                 South Dakota            34,128          

  Illinois             34,128                 Tennessee               34,128          

  Indiana              34,128                 Texas                   34,128          

  Iowa                 34,128                 Utah                    34,128          

  Kansas               34,128                 Vermont                 34,128          

  Kentucky             34,128                 Virginia                34,128          

  Louisiana            34,128                 Washington              34,128          

  Maine                34,128                 West Virginia           34,128          

  Maryland             34,128                 Wisconsin               34,128          

  Massachusetts        34,128                 Wyoming                 34,128          

  Michigan             34,128                 American Samoa          17,064          

  Minnesota            34,128                 Guam                    17,064          

  Mississippi          34,128                 Northern Mariana        17,064          
                                              Islands                                 

  Missouri             34,128                 Virgin Islands          17,064          

  Montana              34,128                 DNA People Legal        17,064          
                                              Services, Inc.                          

  Nebraska             34,128                                         1,860,000       

  Nevada               34,128                 7% set-aside            140,000         

  New Hampshire        34,128                                         2,000,000       

                                                                                      
  -------------------- --------------- ------ -------------------- -- --------------- ---