96-12779. Disability Rights Section; The Americans With Disabilities Act Technical Assistance Grants To Promote Voluntary Compliance With the Act  

  • [Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
    [Notices]
    [Pages 25744-25749]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-12779]
    
    
    
          
    
    [[Page 25743]]
    
    
    _______________________________________________________________________
    
    Part II
    
    
    
    
    
    Department of Justice
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Civil Rights Division
    
    
    
    _______________________________________________________________________
    
    
    
    Disability Rights Section; The Americans With Disabilities Act 
    Technical Assistance Grants To Promote Voluntary Compliance With the 
    Act; Notice
    
    Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / 
    Notices
    
    [[Page 25744]]
    
    
    
    DEPARTMENT OF JUSTICE
    
    Civil Rights Division
    
    
    Disability Rights Section; The Americans With Disabilities Act 
    Technical Assistance Grants To Promote Voluntary Compliance With the 
    Act
    
    AGENCY: Disability Rights Section, Civil Rights Division, U.S. 
    Department of Justice.
    
    ACTION: Notice of availability of funds and of solicitation for grant 
    applications.
    
    -----------------------------------------------------------------------
    
    PURPOSE: The Disability Rights Section of the Civil Rights Division, 
    United States Department of Justice (DOJ), announces the availability 
    of up to $500,000 to fund projects under the ADA Technical Assistance 
    Program. The program seeks to inform and educate covered entities and 
    persons with disabilities about their responsibilities and rights under 
    title II and title III of the Americans with Disabilities Act of 1990 
    (ADA). The term ``covered entities'' refers to businesses, commercial 
    properties, institutions, State and local governments or their 
    agencies, and other organizations or enterprises that have 
    responsibilities under title II or title III of the ADA. The primary 
    objective of this program is to encourage and facilitate voluntary 
    compliance with titles II and III of the ADA and the Department's 
    implementing regulations through education and information sharing.
        This year, the Department is seeking grant applications in the 
    following two (2) priority areas:
        (1) Statewide projects to educate small businesses about the basic 
    requirements of title III of the ADA. The projects, utilizing local 
    business and professional organizations, will make businesses aware of 
    the ADA and the ADA resources available locally, within the State, and 
    from the Federal government; and promote the exchange of ideas and 
    information on successful compliance efforts within their communities. 
    The Department anticipates funding projects in larger States in amounts 
    up to $100,000 and projects in smaller States in amounts up to $50,000.
        (2) Projects to conduct statewide ADA information-sharing 
    conferences for State and local government officials. These conferences 
    will provide information on the requirements of title II of the ADA and 
    the ADA resources available locally, within the State, regionally, and 
    from the Federal government; and promote the exchange of ideas and 
    information on successful compliance efforts within the State. The 
    Department anticipates that projects will be funded in amounts up to 
    $40,000 each.
        Detailed information regarding these specific priorities may be 
    found in the Program Priorities section of this solicitation. Proposals 
    not responsive to the established priority areas will not be 
    considered.
        Grants will be awarded to selected applicants who propose cost-
    effective and efficient methods for carrying out projects related to 
    this year's priorities. The Department is particularly interested in 
    receiving proposals that: reflect an ability to begin project 
    activities in an expedited manner; demonstrate an ability to reach and 
    work effectively with established business, professional, trade, or 
    municipal organizations; utilize materials already developed by Federal 
    agencies and their grantees or contractors; draw on people within the 
    State who have ADA expertise; represent long-term joint ventures 
    between business, professional, trade, or municipal organizations and 
    organizations that represent persons with disabilities; and 
    specifically address how members of minority communities will be 
    included within the population targeted by the applicant for receipt of 
    technical assistance.
    
    ELIGIBLE APPLICANTS: This grant competition is open to non-profit 
    organizations, including trade and professional associations or their 
    subsidiaries, organizations representing State and local governments or 
    their employees, other organizations representing entities covered by 
    the ADA, State and local government agencies, organizations 
    representing persons with disabilities, and individuals. Preference 
    will be given to the specific types of organizations described under 
    Priority 1 and Priority 2 in the Program Priorities section of this 
    solicitation.
    
    GRANT PERIOD AND AWARD AMOUNT: The period of performance will be twelve 
    months from the date of the grant award. An October 1, 1996 project 
    start date is anticipated. A total of up to $500,000 is available for 
    this solicitation. It is anticipated that Priority 1 grants will be 
    awarded in amounts up to $100,000 in larger States and up to $50,000 in 
    smaller States. Priority 2 grants will be awarded in amounts up to 
    $40,000. However, the estimated funding level announced in this notice 
    does not bind the Department of Justice to make any awards or to any 
    specific number of awards or funding levels.
    
    APPLICATION DEADLINE: Applications must be received by the close of 
    business (5:30 p.m. EST) on July 22, 1996, at the Disability Rights 
    Section, Civil Rights Division, U.S. Department of Justice, 1425 New 
    York Ave., NW., Room 4039, Washington, DC 20005 (overnight, express, or 
    hand deliveries) or P.O. Box 66738, Washington, DC 20035-6738 (U.S. 
    Postal Service mail). Applications may not be sent by facsimile. 
    Applications received after 5:30 p.m. on July 22, 1996, will not be 
    considered for award, even if the application was postmarked before 
    that date. Incomplete applications will not be considered for award. In 
    order to be considered complete, one bound original and two unbound 
    copies of the application packet described in the Application 
    Requirements section of this solicitation must be submitted.
    
    FOR FURTHER INFORMATION CONTACT: Ruth Hall Lusher, ADA Technical 
    Assistance Program Manager, Disability Rights Section, Civil Rights 
    Division, U.S. Department of Justice, P.O. Box 66738, Washington, DC 
    20035-6738. Grant application packages may be ordered by calling 1-800-
    514-0301 (Voice) or 1-800-514-0383 (TTY), 24 hours a day, seven days a 
    week. This Notice and other related information, with the exception of 
    standard forms, are available in alternate formats, e.g., large print, 
    braille, audiotape, and computer disk. With the exception of standard 
    forms, this information may also be accessed through the Disability 
    Rights Section's electronic bulletin board at (202) 514-6193.
    
    Background and Program Description
    
        On January 26, 1992, the major provisions of titles II and III of 
    the Americans with Disabilities Act (ADA) went into effect. The ADA 
    prohibits discrimination against individuals with disabilities by 
    employers, public accommodations and commercial facilities, State and 
    local governments, transportation providers, and telecommunications 
    services. Title III prohibits discrimination on the basis of disability 
    in a broad range of public accommodations, commercial facilities and 
    certain transportation services. Title II prohibits discrimination on 
    the basis of disability in State and local government programs, 
    activities, and services, including transportation and employment. The 
    employment provisions (title I), most transportation provisions (title 
    II, Subpart B), and telecommunications provisions (title IV) of the ADA 
    are regulated by other
    
    [[Page 25745]]
    
    Federal agencies and are not the subject of this Notice.
        Section 506 of the ADA requires the Department of Justice to 
    provide technical assistance to entities and individuals that have 
    responsibilities or rights under title II (subtitle A, State and local 
    government services) and title III (public accommodations and 
    commercial facilities) of the ADA.
        Pursuant to this requirement, the Department provides a variety of 
    ADA-related services and information, including:
    
    --A toll-free ADA Information Line (for voice and TTY callers) through 
    which the public may obtain free publications and answers to questions 
    about how the ADA applies to their own unique situation. The line, 
    which fields up to 2,000 calls per week, also provides on-line service 
    for Spanish-speaking callers;
    --An ADA speakers bureau providing speakers from the Civil Rights 
    Division to address a variety of ADA topics;
    --Development and distribution of technical assistance materials, 
    including the Department's regulations implementing titles II and III, 
    technical assistance manuals for titles II and III, a series of ADA 
    questions and answers publications, and other technical assistance 
    materials targeted toward businesses, State and local government 
    officials, professionals, and the general public. These materials may 
    also be obtained through the Disability Rights Section's electronic 
    bulletin board and through FedWorld on the Internet; and
    --An outreach program to identify, inform, and work with covered 
    entities and persons with disabilities, including disseminating 
    information about the ADA and the Department's ADA Information Line to 
    6 million businesses through the IRS quarterly mailing, distributing 
    television and radio Public Service Announcements on the ADA featuring 
    the Attorney General to broadcast stations, and disseminating ADA 
    information and technical assistance materials to other targeted 
    audiences including mayors of large cities, 11,000 law enforcement 
    programs and national advocacy and service organizations representing 
    people with disabilities, African Americans, and Hispanics, among 
    others.
    
        Under section 506(d) of the Act, the Department has authority to 
    award grants to non-profit entities and individuals for the purpose of 
    supplementing the Department's technical assistance efforts. The 
    Technical Assistance Grant Program is designed to develop and implement 
    cost effective strategies to disseminate information about the 
    responsibilities or rights of covered entities and individuals under 
    titles II and III of the ADA and to provide practical information on 
    effective ways to achieve compliance with the ADA. Through this 
    program, the Department works with organizations and individuals 
    representing the many constituencies affected by the ADA to develop and 
    deliver educational programs and materials targeted to these audiences 
    nationwide. The goal of the program is to foster voluntary compliance 
    with the ADA.
        Because the grant program is educational in nature, the Department 
    does not fund projects to research or resolve issues that are outside 
    the scope of the Department's current ADA regulations and court 
    interpretations. The program is not intended to fund or support site-
    specific compliance implementation (e.g., funding to make specific 
    facilities more accessible), or to fund or support inspections, 
    reviews, or tests to determine whether an entity is meeting its 
    compliance obligations.
        Since the initiation of the grant program in 1991, the Department 
    has awarded over 50 grants to non-profit organizations and State 
    government entities. Previous recipients have included a wide range of 
    groups conducting a variety of projects.
        Title III projects have been directed toward educating owners and 
    operators of hotels and motels, retail stores, grocery stores, 
    restaurants and bars, professional offices, recreation and fitness 
    centers, museums and other places of public display or collection, 
    travel and tour agents, hospitals and health care providers, service 
    providers for elderly persons, day care centers, small shops and 
    stores, and large commercial properties.
        Title II projects have worked toward educating mayors of medium and 
    large cities and small towns, law enforcement personnel, 911/emergency 
    response operators, officers of State courts, State social service 
    agencies, persons involved in testing for licensure and certification 
    purposes, and members and staff of local historic preservation 
    commissions.
        Other projects have been directed toward persons who can assist 
    others in complying with the ADA, including professors and students in 
    architecture, interior design, industrial design, and landscape 
    architecture schools and programs; State and local building code 
    officials; disability advocates; librarians; local historic 
    preservation commissions; community and professional mediators; and 
    building contractors and construction tradespeople. Simple, easy to 
    understand materials about the ADA have been translated into Spanish 
    and other languages.
        The Department has undertaken other initiatives to ensure that 
    materials developed by the Department and those developed under the 
    grant program are available in localities across the country. An ADA 
    Information File, which contains more than 60 ADA technical assistance 
    documents, has been placed in 15,000 libraries throughout the country. 
    Additional materials will be added to the ADA Information File in the 
    coming months. The Department also disseminated similar informational 
    packets to 6,000 Chambers of Commerce nationwide. As a result, a wealth 
    of resources and educational information exists today in local 
    communities. (A listing of materials contained in the ADA Information 
    File will be included in the Grant Application Packet.)
        The Department of Justice and other agencies have also taken steps 
    to ensure that ADA technical assistance is available nationally, 
    regionally, and locally. The Department, the Equal Employment 
    Opportunity Commission (EEOC), and the Architectural and Transportation 
    Barriers Compliance Board (Access Board) all operate toll-free ADA 
    Information Lines to provide direct technical assistance to the public. 
    The Department and the EEOC jointly funded a project to create the ADA 
    Training and Implementation Network, a network of approximately 400 
    individuals who completed an intensive ADA training course. Members of 
    the Network are currently located in every State in the country to 
    serve as local resources for businesses, governments, and persons with 
    disabilities. The U.S. Department of Education funds ten Regional 
    Disability and Business Technical Assistance Centers (DBTACs) to 
    provide technical assistance to covered entities and individuals with 
    disabilities at the local, State, and regional level.
        Despite these efforts and the availability of ADA information and 
    resources, the Department has learned--through calls to its ADA 
    Information Line, meetings with the public, Congressional inquiries, 
    and studies conducted by the Government Accounting Office and by Louis 
    Harris & Associates, Inc. for the National Organization on Disability--
    that:
    
    --Many people continue to be unaware of what the ADA requires and how 
    easy it can be to comply;
    
    [[Page 25746]]
    
    --Many people still believe that the ADA's requirements are more 
    stringent than they are, or are unaware of cost-effective solutions for 
    achieving compliance with the ADA;
    --Some people who are trying in good faith to comply with the ADA are 
    making needless and costly mistakes; and
    --This lack of understanding can lead people to resist making efforts 
    to comply, or make them vulnerable to hard-sell tactics by individuals 
    who would profiteer from their lack of knowledge.
    
        For these reasons, under its fiscal year 1995 grant program, the 
    Department funded sixteen (16) organizations to conduct statewide pilot 
    projects to work with and educate both small businesses and State and 
    local government officials. Title III projects for small businesses 
    were conducted in the States of Alaska, California, Louisiana, 
    Michigan, Nebraska, Nevada, New York, Pennsylvania, South Dakota, and 
    Texas. Title II projects for State and local government officials were 
    conducted in Arizona, Connecticut, Kansas, Massachusetts, New 
    Hampshire, and North Carolina.
        These pilot projects, although not all of them have been completed, 
    have already reached thousands of small business owners and State and 
    local government officials at the local level, resulting in the 
    identification of available community resources and the means for 
    continuing, long term exchange of ideas and information. Because the 
    pilot projects have been successful, the Department will fund 
    additional statewide outreach and educational projects, as described in 
    the following section.
    
    Program Priorities
    
        For fiscal year 1996, the Department is again establishing absolute 
    funding priorities and will fund multiple statewide projects under each 
    priority. The objectives of funding priorities one and two are (1) to 
    increase awareness of the ADA; (2) to increase knowledge of existing 
    materials and resources available locally, within the State, 
    regionally, and from the Federal government to assist people in 
    understanding and complying with titles II and III of the ADA; and (3) 
    to promote the exchange of ideas and information on successful 
    compliance efforts. The Department will not consider proposals for 
    funding that are duplicative of projects funded in individual States in 
    1995 (see list of funded projects and States in Background and Program 
    Description).
        The Department is soliciting proposals that address the following 
    two (2) specific priority areas:
        Priority 1: Statewide pilot projects to educate small businesses 
    about the basic requirements of title III of the ADA.
        The ADA provides a general framework to eliminate discrimination 
    against people with disabilities while providing flexibility to address 
    the unique circumstances of the estimated 6 million businesses in the 
    United States. While this flexibility allows business owners and 
    managers to make their own decisions about exactly how they can comply, 
    many do not know where to turn for accurate, practical information and 
    assistance within their own communities. Business owners and managers 
    may attempt to comply and yet not be successful, or they may be 
    reluctant to implement any kind of strategy for compliance.
        Studies show that business owners can comply with the ADA easily 
    and reasonably if provided with adequate information and support. These 
    projects are intended to use existing business and professional 
    organizations to increase awareness of the ADA and the availability of 
    ADA resources, and to engage members of local business communities in 
    helping each other find practical, successful ways to comply with the 
    ADA.
        Preference will be given to state-based organizations that 
    demonstrate an established relationship with the business community 
    across that particular State. Examples include, but are not limited to, 
    state-based private, non-profit professional and trade organizations 
    (e.g., a State association of small business owners, a State Chamber of 
    Commerce, a statewide retail or hospitality association, etc.), or 
    State government agencies that work with the business community (e.g., 
    Departments of Resource and Economic Development, Small Business 
    Development Centers, a State Bureau of Travel or Tourism, etc.).
        Applications will be considered only from organizations located 
    within the state of the defined target audience. Applications submitted 
    by organizations not meeting this requirement will not be considered.
        Proposed projects must work with established local business and 
    professional organizations using their regularly scheduled meetings, 
    local and regional ADA resources and individuals with ADA expertise, 
    and ADA publications and materials available free from the Department 
    of Justice to reach and educate small businesses, non-profit groups, 
    and others who must comply with title III of the ADA.
        Project activities must be conducted in all regions of the State, 
    reach a diverse representation of title III entities statewide, and 
    represent a joint venture with organizations representing people with 
    disabilities.
        It is not anticipated that projects funded under this priority will 
    develop new technical assistance material. Projects must use existing 
    ADA material developed by the Department, other Federal agencies, or 
    grantees, and approved by the Department. Grantees may not use non-
    approved material in conducting the project.
        Statewide projects to educate small businesses about the basic 
    requirements of title III of the ADA shall include the following major 
    components:
    
    --Conduct ADA educational programs in all regions of the State, working 
    with established local business and professional organizations using 
    their regularly scheduled meetings. A minimum of 50 programs must be 
    conducted in larger States and a minimum of 25 programs must be 
    conducted in smaller States. Letters of commitment from groups such as 
    Merchant Associations, Jaycees, Kiwanis, Lions, Rotary Clubs, or 
    similar organizations to utilize their existing meetings to conduct the 
    project must be included with the grant application (proposals not 
    based on using the regularly scheduled meetings of these organizations 
    will not be considered);
    --Programs must provide: basic information on the requirements of title 
    III of the ADA using approved technical assistance materials available 
    from the Department of Justice, including the ``Open for Business'' 
    videotape, the Americans with Disabilities Act Guide for Small 
    Businesses (publication date: 7/96), the Checklist for Readily 
    Achievable Barrier Removal, the ADA Questions and Answers booklet, the 
    IRS Tax Credit form, etc.; a list of technical assistance resources 
    available locally, within the State, and from the Federal government 
    that participants may use to obtain technical assistance at a later 
    time; and time for local businesses to discuss issues, share ideas, and 
    identify practical, cost-effective solutions that they have used 
    successfully to comply with the ADA. An outline of a model program (one 
    to two hours in length) must be included with the grant application;
    --Use local, State, and regional ADA resources and individuals 
    knowledgeable about the ADA for
    
    [[Page 25747]]
    
    assistance to conduct the educational programs. It is anticipated that 
    speakers and presenters will voluntarily provide their services. Grant 
    funds may be used to reimburse individual travel expenses, but may not 
    be used to provide honoraria for speakers. Letters of cooperation or 
    support from groups such as the regional Disability and Business 
    Technical Assistance Center (DBTAC) or local DBTAC affiliates, 
    Independent Living Centers, other organizations representing people 
    with disabilities, or members of the ADA Training and Implementation 
    Network must be included with the grant application;
    --Develop a marketing pamphlet or flyer that can be easily tailored, 
    reproduced, and used by local business groups hosting the programs;
    --Ensure that businesses owned or operated by people who are members of 
    racial and ethnic minority groups will be included within the audiences 
    reached;
    --In carrying out the project, the grant recipient must use existing 
    ADA publications and materials reviewed by the Federal government that 
    are available from the Department and other agencies.
    --Provide a brief final report on the project, including an 
    identification of the strengths and weaknesses of the project, the 
    number and types of participants involved, examples of known positive 
    changes that may have occurred as a result of the project, and 
    suggestions for improvement for the Department.
    
        Priority 2: Statewide ADA information-sharing conferences for 
    government officials.
        In the United States today, an estimated 86,000 units of State, 
    county, and municipal governments are working to understand and meet 
    their obligations under title II of the ADA. The ADA provides the 
    general framework to eliminate discrimination against people with 
    disabilities, but also the flexibility to address the unique 
    circumstances encountered by State and local government programs and 
    activities. While this allows State and local government officials with 
    ADA compliance responsibilities to decide exactly how to comply, many 
    may not know where to turn for accurate, practical information and 
    assistance within their own communities and may be reluctant to take 
    needed action.
        While many State and local governments have been successful in 
    making their programs and activities accessible to people with 
    disabilities, misinformation about the requirements of the ADA 
    continues to exist, making voluntary compliance more confusing and 
    burdensome for some than it need be. For example, many believe the ADA 
    requires that all buildings must be accessible, when, in fact, the ADA 
    actually requires that a public entity make its programs accessible to 
    people with disabilities through means such as relocation of programs 
    to an accessible location, structural modifications, or other 
    alternatives. For those State and local government officials having the 
    authority and the responsibility for developing and implementing ADA 
    compliance strategies, access to information and other assistance is 
    paramount if compliance efforts are to be successful. Yet, the 
    significant resources that exist at the State and local level are often 
    overlooked and underutilized, including other State and local 
    governments that have already successfully resolved compliance issues.
        One of the Department's primary roles and responsibilities is to 
    assist local communities, both small and large, to understand the ADA's 
    requirements through education and technical assistance. To accomplish 
    this, the Department will fund projects to conduct statewide ADA 
    information-sharing conferences for State and local government 
    officials. These conferences will provide information on the 
    requirements of title II the ADA, the ADA resources available locally, 
    regionally and from the Federal government, and promote the exchange of 
    ideas and information on successful compliance efforts within the 
    State.
        Proposed projects should target participants with decision making 
    authority over programs that serve the public, particularly those with 
    responsibility for ADA compliance activities. Preference will be given 
    to State agencies or state-based organizations that demonstrate the 
    existence of an established relationship with the target audience 
    across that particular State. Examples include, but are not limited to, 
    a State office on accessibility and ADA compliance, a State building 
    code council, or state-based organizations that represent or work with 
    local and State government officials such as a State municipal 
    association, association of counties, association of cities or towns, 
    council of mayors or city managers, etc.
        Applications will be considered only from organizations located 
    within the state of the defined target audience. Applications submitted 
    by organizations not meeting this requirement will not be considered.
        Proposed projects must bring State and local government officials 
    from across the State together with individuals knowledgeable about the 
    ADA from local, regional, and Federal sources, use approved ADA 
    publications and materials available free from the Department or other 
    sources, and provide a mechanism for the continuing exchange of 
    information and ideas among the conference participants.
        The statewide conference must reach a diverse representation of 
    title II entities statewide.
        It is not anticipated that projects funded under this priority will 
    develop new technical assistance material. Projects must use existing 
    ADA material developed by the Department, other Federal agencies, or 
    grantees, and approved by the Department. Grantees may not use non-
    approved material in conducting the project.
        Projects to conduct a statewide ADA information-sharing conferences 
    for local and State government officials shall include the following 
    major components:
    
    --Working with State and local government agencies, officials, and 
    employees, plan and promote the ADA conference to ensure representation 
    from local and State agencies and programs from around the State. 
    Letters of cooperation or support from such organizations must be 
    included with the grant application;
    --An outline plan for promoting the conference and its goals, including 
    use of the media, must be included with the grant application;
    --Identify and develop a list of local, State, regional, and Federal 
    ADA resources that serve the State (e.g., regional DBTAC and local 
    DBTAC affiliates, Centers for Independent Living, other organizations 
    representing people with disabilities, members of the ADA Training and 
    Implementation Network, local and State officials with ADA expertise, 
    Federal ADA information lines, electronic bulletin boards, the ADA 
    Information File in local libraries, etc.);
    --Plan and conduct one statewide conference that will provide: 
    information on the requirements of title II of the ADA specifically 
    tailored to the needs of the targeted audience; information about 
    technical assistance resources available locally, within the State, and 
    from the Federal government; a variety of workshops or break-out 
    sessions tailored to address specific issues and to enable
    
    [[Page 25748]]
    
    participants to discuss issues, share ideas, and learn of practical, 
    cost-effective solutions that have been used successfully to comply 
    with the ADA; and a mechanism for the continuing exchange of 
    information and ideas among the conference participants (such as 
    distributing lists of ADA resources and the names and addresses of 
    conference participants to all conference attendees). A detailed 
    outline of the proposed agenda for the conference must be included with 
    the grant application;
    --In carrying out the conference, the grant recipient must use existing 
    ADA publications and materials reviewed by the Federal government that 
    are available from the Department and other agencies, and the local, 
    State, regional, and Federal ADA resources that serve the State, as 
    described above. Letters of cooperation or support from groups or 
    individuals who will be participating as speakers must be included with 
    the grant application;
    --Provide a final report on the project, including an identification of 
    the strengths and weaknesses of the project, the number and types of 
    participants involved, examples of known positive changes that may have 
    occurred as a result of the project, and suggestions for improvement 
    for the Department.
    
    Selection Criteria
    
        Applicants will be evaluated in each of the following four 
    selection criteria areas for a total of 100 points:
    
    Project Strategy and Plan of Action (50 Points)
    
        Applicants must demonstrate a thorough understanding of the grant 
    proposal priority, including the background, intended audience, and 
    intended approach. Applicants must be located within the State in which 
    the project will be conducted and also demonstrate the ability to reach 
    as diverse a segment of the target audience as possible in a cost-
    efficient manner. Project goals and expected outcomes should be clearly 
    articulated. Clarity, quality, and appropriateness of the plans, 
    methodologies, and procedures to achieve the goals listed in the 
    application will be carefully considered. Proposals should reflect the 
    involvement of State and local business and government organizations 
    with local, State, and regional organizations that provide ADA 
    technical assistance and organizations that represent people with 
    disabilities. Proposals must include letters of commitment as 
    previously described under each program priority.
        The plan of action must be sound and well-reasoned, with evidence 
    of the ability to implement the plan immediately and complete the 
    project within the period of performance. Project strategy must include 
    a plan for documenting known positive changes that may occur as a 
    result of the project and for evaluating the strengths and weaknesses 
    of the project, as previously described under each program priority.
    
    Staff Capability (25 Points)
    
        Applicants must provide evidence of qualified personnel to 
    undertake the project. The application must contain necessary position 
    description(s), resume(s), and assurances of the timely availability of 
    key staff (salaried or contract staff) with appropriate competencies 
    and experience. Duties outlined for grant-funded position(s) must be 
    clearly appropriate to the scope of the work being carried out under 
    the project.
    
    Organizational Capability and Management Plan (20 Points)
    
        Applicants must demonstrate the ability to reach and work 
    effectively with the targeted audience and offer evidence of proven 
    organizational ability to provide high quality results utilizing 
    appropriate key personnel. Applications must include a management plan 
    that provides evidence of project control by management, efficient and 
    timely use of staff and other resources, and effective quality control 
    mechanisms.
    
    Resources/Facilities/Equipment (5 Points)
    
        Applicants must demonstrate the availability and appropriateness of 
    resources (other than personnel), physical facilities, and equipment 
    proposed to be used to carry out the project.
    
    General Requirements for Grant Recipients
    
        The following general grant program requirements should be 
    considered by each applicant in developing both its project timeline 
    and budget. Successful applicants must adhere to all conditions as 
    specified; any deviation from the requirements in this section must be 
    negotiated with DOJ.
        Coordination with Other Agencies and Organizations. Grantees are 
    expected to coordinate their project activities with the Department of 
    Justice, and, where appropriate, with other Federally sponsored ADA 
    technical assistance activities, such as the Department of Education's 
    Disability and Business Technical Assistance Centers (DBTACs). Grantees 
    must utilize existing technical assistance materials developed by the 
    Department, its grantees, other Federal agencies and their grantees.
        Grantee Orientation and Post-Award Monitoring. The Department 
    intends to provide grant recipients with the maximum amount of post-
    award guidance and technical assistance possible within budget and 
    staff constraints. Within approximately one month of the grant award, 
    the Department will conduct a mandatory one-day orientation session on 
    the ADA and grant management procedures. Each grant recipient will be 
    invited to send one staff person to this session. Funds for travel to 
    Washington, D.C. for this orientation session may be included in the 
    proposed grant budget. Applicants are advised that DOJ staff may make 
    periodic site visits to provide grant recipients with guidance and 
    technical assistance and to monitor the progress of the grant. The 
    Office of Justice Programs (OJP), a component of the Department of 
    Justice, will provide financial management and other services in 
    support of the Disability Rights Section in the administration of this 
    program. Applicants are advised that copies of both the quarterly 
    progress reports and quarterly financial reports sent to OJP must also 
    be sent to the Disability Rights Section.
        DOJ Review of Grantee Materials. All materials used or developed by 
    grant recipients must be approved by DOJ in advance of use. This 
    includes all media releases, scripts, program outlines/agendas, and 
    handouts. However, it is not anticipated that grant recipients will 
    develop new technical assistance materials under these priorities.
        Availability of Existing Materials. Publications and resource lists 
    that are currently available to the public from the Department of 
    Justice (DOJ) will be provided, in bulk, to grant recipients free of 
    charge, as resources permit. Grantees are not responsible for the 
    duplication of DOJ materials. If an applicant wishes to use materials 
    produced by previous DOJ grant recipients or recipients of grants from 
    other Federal agencies, including the National Institute on Disability 
    and Rehabilitation Research, it should coordinate such requests with 
    DOJ.
        Copyrights. The grantor agency reserves a royalty-free, 
    nonexclusive, and irrevocable license to reproduce, publish or 
    otherwise use, and to authorize others to use, for Federal government 
    purposes: (1) The copyright in any work developed under a grant,
    
    [[Page 25749]]
    
    subgrant, or contract under a grant or subgrant; and (2) any rights of 
    copyright to which a grantee, subgrantee, or a contractor purchases 
    ownership with grant support.
        Program Income. Grantee recipients may charge for grant-related 
    activities and products (e.g., new materials developed and 
    disseminated, conference registration fees), as long as all income 
    derived from such activities and products is added to funds committed 
    to the grant and its activities. Specifically, this program income 
    (gross income earned by the grantee, during the funding period, as a 
    direct result of the grant award or its activities) must be used ``to 
    further the eligible project or program objectives'' or ``to finance 
    the non-Federal share of the project or program'' (e.g., obtaining 
    equipment or other assets required for the project). Program income may 
    not be used to support or further a grantee's general organization, its 
    programs or its services.
        Costs associated with the provision of refreshments may not be paid 
    for with grant funds. It is anticipated that speakers and presenters 
    will voluntarily provide their services. Grant funds may be used to 
    reimburse individual travel and accommodation expenses, but may not be 
    used to provide honoraria for speakers. Fees charged by grantees (if 
    any) must be nominal and there shall be no charge for materials 
    provided to audience participants.
        Alternate Formats (Print and Audiovisual). All materials produced 
    in standard print must also be produced in large print, in Braille, and 
    on audiotape in proportion to anticipated demand by persons with vision 
    impairments in the targeted population(s). Audiotapes of lengthy 
    materials must be voice- or tone-indexed.
        Effective Communication and Accessibility Requirements. Applicants 
    who plan to list a voice telephone number on correspondence or 
    promotional materials concerning the grant activities, or on materials 
    produced under the grant, must also list a telephone number for TTY 
    users. Applicants who plan to use an automated telephone information 
    system to respond to voice calls concerning grant activities must 
    provide comparable service for TTY users. The cost of establishing an 
    automated TTY information system or purchasing a TTY may not be 
    included in the proposed project budget.
        All grant activities must be held in accessible facilities. All 
    programs must be accessible to attendees with communication 
    disabilities.
        Materials to be Provided to DOJ. Twenty-five (25) copies of each 
    media release, marketing flyer, or other materials developed to promote 
    the project must be provided to DOJ.
        If grant project activities are videotaped, one copy must be 
    submitted to DOJ. If videotapes are intended for commercial use, all 
    must be captioned.
        A copy of the final text of each document or videotape script 
    produced must be provided to DOJ on computer disk in ASCII or 
    Wordperfect.
    
    Application Requirements
    
        Under Section 506(d) of the Americans with Disabilities Act, the 
    Department is authorized to award grants to individuals and non-profit 
    organizations to supplement its ADA technical assistance efforts. All 
    applicants must submit, in the order given, one bound original and two 
    unbound copies of the following information:
        1. A signed SF 424 and SF 424A (Rev. 4/88) application form and a 
    signed Form 4000/3 (Assurances--Attachment to SF-424). The grant 
    priority number under which the applicant is submitting the proposal 
    must be clearly identified in box number 11 on form SF 424.
        2. A one-page Abstract that summarizes the goals of the project, 
    the nature and size of the population(s) to be reached through the 
    project, and the project strategy. Applicants should state explicitly 
    the number of people expected to be served in the course of the 
    project's activities.
        3. A Project Strategy and Plan of Action (maximum length 15 pages) 
    that:
    
    --Addresses each major component identified in the program priority for 
    which applicant is applying;
    --Describes major activities and events;
    --Provides a description of the applicant's plan for working with other 
    local, State, regional, and Federal ADA resources; and
    --Provides a plan for evaluating the effectiveness of the project, as 
    described under the program priorities.
    
        4. A Management Plan that includes a timeline for completion of all 
    project objectives, activities, events, and products.
        5. A Budget Narrative required by the SF 424 (Rev. 4/88), which 
    includes the basis for all costs presented in the budget.
        6. A brief statement identifying the facilities, equipment, and 
    other resources available for carrying out the project.
        7. Job description(s) for key position(s) that are proposed to be 
    funded under the grant.
        8. Resume(s) or qualification(s) of the key individual(s) who will 
    fill the grant position(s), including consultants, if any (maximum 
    length 3 pages each).
        9. Letters of commitment from organizations and/or individuals that 
    will be involved in the project. (Letters of reference are not required 
    and, if submitted, will not be considered.)
        10. A signed certification regarding lobbying, debarment, 
    suspension, other responsibility matters, and drug-free workplace 
    requirements, OJP Form 4061/6.
        11. A disclosure of lobbying activities, SF LLL.
    
        (Please Note: Non-profit applicants who have not previously 
    received Federal financial assistance from the Department of Justice 
    may also be required to submit a disclosure of financial capability 
    statement or other documentation prior to the grant award.)
    
        Dated: May 16, 1996.
    Deval L. Patrick,
    Assistant Attorney General, Civil Rights Division.
    [FR Doc. 96-12779 Filed 5-21-96; 8:45 am]
    BILLING CODE 4410-01-P