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PROGRAM INSTRUCTION
PURPOSE: This Program Instruction sets forth the requirements and conditions states must meet to receive funds under Sections 261 to 265 of the Help America Vote Act (HAVA), 42 U.S.C. 15421. LEGAL AND RELATED REFERENCES: Title II, Subtitle D, Part 2, Sections 261 to 265 of HAVA (42 U.S.C. 15421-25). CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER: 93.617 APPLICATION DUE DATE: 06/17/2009
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 governments 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 HAVA assigned responsibility for the Voting Access for Individuals with Disabilities (VOTE) program 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 HAVA VOTE grant program. B. ELIGIBLE GRANTEES As defined by Section 901 of HAVA, States (including the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands) are eligible to apply for grants under the HAVA VOTE program. Grants are not available to local units of government directly from the Federal Government in Fiscal Year (FY) 2009 because funds have been appropriated only for grants to States. C. USE OF FUNDS Section 261 of HAVA provides that funds be made available to States to:
D. AVAILABILITY AND DISTRIBUTION OF FUNDS On March 13, 2009, 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 Protection &Advocacy Systems (P&As). 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 Bureau) of eligible States and Territories, with the exception that no State or Territory applying for funds shall receive a payment of less than $100,000. See Attachment A, found in Part IV of this Instruction, for the amount reserved for each State and Territory. The grantee has five years after the current year to draw down and expend their funds. In order to receive a payment, a State must meet all of the requirements in Part I, Section C (Use of Funds) of this notice. 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 Attachment A. State governments receiving funds will need to collaborate of age or older as reported by the U.S. Census with local chief election officials and local units of government (including Indian Tribes that are involved in conducting elections for Federal offices) in determining where and how to spend funds. State governments are encouraged to partner, as appropriate, with for-profit and non-profit organizations, including faith- and community-based organizations, to carry out activities under their plans to increase access to the electoral process by individuals with disabilities. The Federal Government reserves the right to audit expenditure of funds received under this Instruction pursuant to Section 902 of the HAVA, 42 U.S.C. 15542 and 45 Code of Federal Regulations (CFR) 92.26, where applicable. PART II: PAYMENT APPLICATION INSTRUCTIONS The information presented in this section is intended to summarize the submission and review of the States’ applications for funding and to describe the content and documentation that must be provided in writing with the application. Conditions
Melvenia Wright Hand-delivered applications should be delivered to Melvenia Wright at this same address. Any applications received after 4:30 p.m., eastern time, on the application due date will not be considered for payment. ADD’s goal is to award the FY 2009 HAVA funds as quickly as possible. Therefore, States are encouraged to submit their applications as soon as possible in order for ACF to award the FY 2009 HAVA VOTE funds. PART III: ADDITIONAL INFORMATION
Please submit the required application materials by the application due date found at the beginning of this Instruction to: Melvenia Wright Award applications will be processed upon receipt of completed application packets. The regulations that govern the administration of these grants appear in 2 CFR Part 376 – Nonprocurement Debarment and Suspensions; 45 CFR Part 16—Procedures of the Departmental Grant Appeals Board; 45 CFR Part 30—Claims Collection; 45 CFR Part 74— Uniform Administrative 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.hhs.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. States receiving funds through this Program Instruction will prepare and submit annually a narrative report that describes how any funds authorized under the HAVA have been used with regard to the four categories of activities authorized under Section 261 of HAVA, 42 U.S.C. 15421. (Note the exception in Part II, 1.a. for the first category related to assuring that all polling places are accessible.) These reports are due no later than December 31 of each year. Reports are to be mailed to: Melvenia Wright Expenditures under the HAVA VOTE program are to be reported using a Financial Status Report Short Form (SF-269A). Grantees are required to submit annual financial reports 90 days after the end of each 12-month period (October 1-September 30). Grantees also have the option of submitting their financial reports online through the Online Data Collection (OLDC) system. To receive access to electronic financial reporting, please go to http://www.acf.hhs.gov/programs/add/lettersmemos/OLDC_Request_Form.doc and download the OLDC Request for Access form. Upon completion, please return the form via email to Frederick.griefer@acf.hhs.gov. Frederick Griefer Notification Under Executive Order 12372 This program is covered under Exec Order 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 were not funded in FY 2008, the review and comment provisions of the Executive Order and Part 100 do not apply for FY 2009. Paperwork Reduction Act of 1995, P.L. 104-13 The public reporting burden for the reporting requirements in PART III.C. of this notice are estimated to average 24 hours per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection information. The reporting requirements information collection is approved under Office of Management and Budget (OMB) control number 0970-0327, which expires 11/30/2010. Application requirements in PART II are currently under review for approval at OMB and are estimated to average 26 hours per response, including the time for reviewing instructions, gathering and maintaining the data needed and reviewing the collection information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
PART IV: ATTACHMENTS Attachment A – Table of FY 2009 Final Allocations Attachment B – FY 2009 Assurances for the Help America Vote Act Attachment C – Certification Regarding Lobbying
FY 2009 Assurances for the Help America Vote Act This is to certify that the State of ____________ agrees to expend the funds received under this Program Instruction (HHS-2009-ACF-ADD-VOTE-0062) in accordance with Title II, Part 5, Subtitle D, 42 USC 15421 of the Help America Vote Act of 2002, P.L. 107-252.
Please mail to: Melvenia Wright
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, 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: If 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 May 18, 2009 |
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