[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Notices]
[Pages 20896-20898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8789]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


State Grants for Election Assistance for Individuals With 
Disabilities (EAID)

AGENCY: Administration on Developmental Disabilities (ADD), 
Administration for Children and Families, Department of Health and 
Human Services.

ACTION: Notification of the availability of Fiscal Year 2004 funds 
under the Help America Vote Act, Public Law (Pub. L.) 107-252, title II 
subtitle D, part 2, section 261, Payments to States and Units of Local 
Governments to Assure Access for Individuals with Disabilities (42 
U.S.C. 15421).

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SUMMARY: This notice (1) sets forth the requirements that must be met 
by a State seeking a payment under 42 U.S.C. 15421 of the Help America 
Vote Act of 2002 (HAVA); and (2) secures assurances from such a State 
related to conditions prior to receiving a payment.

EFFECTIVE DATE: April 19, 2004.

FOR FURTHER INFORMATION CONTACT: Contact Margaret Schaefer at (202) 
690-5962, [email protected].

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 an applicant to establish, expand, and improve access to 
and participation 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) in the election process. The Catalog of 
Federal Domestic Assistance Number for this announcement is: 93.617.

Background

    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.

Eligible Applicants

    As defined by section 901 of HAVA, States (including the District 
of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and 
the Virgin Islands) are eligible to apply for grants under the EAID 
program. Grants are not available to local units of government directly 
from the Federal government in FY 2004 because the Consolidated 
Appropriations Act, Pub. L. 108-199, appropriated funds only for grants 
to States for FY 2004.

Availability and Distribution of Funds

    On January 23, 2004, in Pub. L. 108-199, Congress appropriated 
$10,000,000 for payments to States for Federal fiscal year 2004, of 
which $9,941,000 is available. 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 of age or older as 
reported in the 2000 U.S. Census) of those States and Territories 
requesting payment, with the exception that no State or Territory 
applying for funds shall receive a payment of less than $100,000. See 
Table I for the amount reserved for each State and Territory, assuming 
all 55 States and Territories submit applications. 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 Table I. Any payment distributed shall 
remain available until expended. In order to receive a payment, a State 
must meet all of the requirements in part II of this notice. State 
governments receiving funds under this announcement will need to 
collaborate with local chief election officials and local units of 
government (including Indian tribes which are involved in conducting 
elections for Federal offices) in determining where and how to spend 
funds. The Federal government reserves the right to audit expenditure 
of funds received under this announcement pursuant to section 902 of 
the Help America Vote Act, 42 U.S.C. 15542 and 45 CFR 92.26, where 
applicable.

Use of Allotments

    Section 261 of HAVA provides that funds be made available to:
    a. Make polling places, including the path of travel, entrances, 
exits, and voting areas of each polling facility, accessible to 
individuals with the full range of disabilities (e.g., visual 
impairments including blindness, hearing impairments including 
deafness, the full rage of mobility impairments including gross and 
fine motor impairments, emotional impairments, and intellectual 
impairments).
    b. Provide the same opportunity for access and participation 
(including privacy and independence) to individuals with the full range 
of disabilities.
    c. Provide training for election officials, poll workers, and 
election volunteers on how best to promote the access and participation 
of individuals with the full range of disabilities in elections for 
Federal office.
    d. Provide individuals with the full range of disabilities with 
information about the accessibility of polling places.

Part II: Application Requirements

    All of the following conditions must be met by an applicant seeking 
a payment under 42 U.S.C. 15421 of the Help America Vote Act of 2002. 
An applicant must agree to these conditions in writing prior to 
receiving a payment by submitting an application. The conditions are to 
ensure that a payment will be used in compliance with HAVA. Payments 
must be used to pay for the activities described under part I, Use of 
Allotments.

Conditions

    1. Except as noted, the grant must be used for each of the 
following activities:
    a. Unless a state submits an assurance that all polling place are 
accessible, making polling places, including the path of travel, 
entrances, exits, and voting areas of each polling facility, accessible 
to individuals with disabilities.
    b. Providing the same opportunity for access and participation 
(including privacy and independence) to individuals with disabilities 
as for other voters.
    c. Training election officials, poll workers, and election 
volunteers on how best to promote the access and participation of 
individuals with disabilities in elections for Federal office.
    d. Providing individuals with disabilities with information about 
the accessibility of polling places.
    2. In an application, an applicant must provide:
    a. The name of the State submitting the application.
    b. The name of the Chief Election Official of the State submitting 
the application.
    c. Contact person: Name, title, address, phone, fax, and e-mail 
address.
    d. A description of what the applicant intends to do in each of the 
four categories of activities outlined under 1 above. [Note the 
exception in 1 above related to assuring that all polling 
places are accessible.]
    e. How much of the payment that the applicant intends to spend on 
each of

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the four categories of activities outlined in 1 above. [Note the 
exception in 1 above related to assuring that all polling 
places are accessible.]
    f. An assurance that six months after the ending of the fiscal year 
in which a payment is received, the Chief Election Official or his/her 
designee will submit a report to the Administration on Developmental 
Disabilities for the Secretary of Health and Human Services describing 
how the payment received was used with regard to the four categories of 
activities. [Note the exception in 1 above related to assuring 
that all polling places are accessible.]
    3. The application must include a completed SF 424, available at 
this Web address: http://www.acf.hhs.gov/programs/add/announce.htm.
    4. The application must include the following certifications:
    a. Anti-Lobbying Certification and Disclosure Form (45 CFR part 
93).
    b. Other Certifications: The signature on the application by the 
authorized official attests to the intent to comply with the following 
other certifications:
    A. Certification Regarding Drug-Free Work Place (45 CFR part 76)
    B. Debarment Certification (45 CFR part 76); and
    C. Certification Regarding Environmental Tobacco Smoke.
    5. The application must be signed by the Chief Election Official.
    6. The closing time and date for receipt of applications is 4:30 
p.m. eastern standard time (e.s.t.) 30 days from date of publication in 
the Federal Register. Mailed or hand carried applications received 
after 4:30 p.m. on the closing date will be classified as late. Any 
applications received after 4:30 p.m. on the deadline date will not be 
considered for payment.
    Deadline: Mailed applications shall be considered as meeting an 
announced deadline if they are received on or before the deadline time 
and date at 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. Hand-
delivered applications should be delivered to Margaret Schaefer at this 
same address.

Part III: Additional Information

Closing Date for Receipt of Assurances

    The closing date for receipt of all applications is 30 days from 
date of publication in the Federal Register.

Grant Administration Regulations

    The regulations that govern the administration of these grants are: 
45 CFR part 16--Procedures of the Departmental Grant Appeals Board; 45 
CFR part 30--Claims Collection; 45 CFR part 76--Government wide 
Debarment and Suspension (Nonprocurement) and Government wide 
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--
Nondiscrimination 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.

Reporting Requirements

    Each grantee is required to submit annually a narrative report that 
describes how the funds are used in regard to the four categories of 
activities authorized under 42 U.S.C. 15461 of the Help America Vote 
Act of 2002. [Note the exception for the first category related to 
assuring that all polling places are accessible.] These reports are due 
no later than March 31 of each year.
    Reports must be mailed to: 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.
    Expenditures under the EAID program are to be reported using a 
Financial Status Report (SF-269A). Grantees are required to submit 
annual financial reports (SF-269A) at the end of each 12 month grant 
period (October 1--September 30) until all funds have been expended. 
Funds under EAID are available until expended. Final reports are due 90 
days after the end of the grant period.
    Submit the original SF-269A to ACF at the address below: 
Administration for Children and Families, Office of Administration, 
Division of Mandatory Grants, Attn: Joseph Lonergan, 370 L'Enfant 
Promenade, SW., Washington, DC 20447.

Notification Under Executive Order 12372

    This program is covered under E.O. 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 are not funded 
in Fiscal Year 2003, the review and comment provisions of the Executive 
Order and part 100 do not apply for fiscal year 2004.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), the application requirements contained in this notice have been 
approved by the Office of Management and Budget under control number 
0348-0043.

  Table I.--FY 2004 Allocations for Election Assistance for Individuals
               With Disabilities--FY 2004 State Allotments
        [Voting access for individuals with disabilities--States]
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                                                                FY 2004
                       State/Territory                          enacted
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Alabama.....................................................     129,831
Alaska......................................................     100,000
Arizona.....................................................     152,889
Arkansas....................................................     100,000
California..................................................     985,955
Colorado....................................................     128,910
Connecticut.................................................     100,000
Delaware....................................................     100,000
District of Columbia........................................     100,000
Florida.....................................................     492,941
Georgia.....................................................     241,722
Hawaii......................................................     100,000
Idaho.......................................................     100,000
Illinois....................................................     359,062
Indiana.....................................................     175,350
Iowa........................................................     100,000
Kansas......................................................     100,000
Kentucky....................................................     121,452
Louisiana...................................................     126,664
Maine.......................................................     100,000
Maryland....................................................     156,678
Massachusetts...............................................     190,726
Michigan....................................................     287,376
Minnesota...................................................     144,745
Mississippi.................................................     100,000
Missouri....................................................     164,243
Montana.....................................................     100,000
Nebraska....................................................     100,000
Nevada......................................................     100,000
New Hampshire...............................................     100,000
New Jersey..................................................     248,294
New Mexico..................................................     100,000
New York....................................................     558,767
North Carolina..............................................     240,165
North Dakota................................................     100,000
Ohio........................................................     328,144
Oklahoma....................................................     100,662
Oregon......................................................     102,439
Pennsylvania................................................     363,885

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Rhode Island................................................     100,000
South Carolina..............................................     120,173
South Dakota................................................     100,000
Tennessee...................................................     168,757
Texas.......................................................     602,306
Utah........................................................     100,000
Vermont.....................................................     100,000
Virginia....................................................     211,844
Washington..................................................     175,020
West Virginia...............................................     100,000
Wisconsin...................................................     157,636
Wyoming.....................................................     100,000
                                                             -----------
  Subtotal..................................................   9,536,636
                                                             ===========
American Samoa..............................................     100,000
Guam........................................................     100,000
Puerto Rico.................................................     104,364
Virgin Islands..............................................     100,000
                                                             -----------
  Subtotal..................................................     404,364
                                                             ===========
  Total resources...........................................   9,941,000
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Patricia A. Morrissey,
Commissioner, Administration on Developmental Disabiltiies.
[FR Doc. 04-8789 Filed 4-16-04; 8:45 am]
BILLING CODE 4184-01-P