[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-13514] [[Page Unknown]] [Federal Register: June 3, 1994] _______________________________________________________________________ Part VI Department of Justice _______________________________________________________________________ Civil Rights Division _______________________________________________________________________ The American With Disabilities Act Technical Assistance Grants to Promote Voluntary Compliance With the Act; Notice DEPARTMENT OF JUSTICE Civil Rights Division, Public Access Section The Americans With Disabilities Act Technical Assistance Grants To Promote Voluntary Compliance With the Act AGENCY: Public Access Section, Civil Rights Division, U.S. Department of Justice. ACTION: Notice of availability of funds and of solicitation for grant applications. ----------------------------------------------------------------------- PURPOSE: The Public Access Section of the Civil Rights Division, United States Department of Justice (DOJ), announces the availability of up to $2.25 million to develop and implement projects to inform and educate covered entities and individuals with disabilities about their responsibilities and rights under title II and title III of the Americans with Disabilities Act of 1990 (ADA) and to facilitate voluntary compliance with titles II and III of the Act and the Department's implementing regulations. The term ``covered entities'' refers to businesses, commercial properties, institutions, State or local governments or their agencies, and other organizations or enterprises that have responsibilities under title II or title III of the ADA. Grants will be awarded to selected applicants who propose cost- effective and efficient methods of educating entities and individuals with responsibilities and rights under the ADA as well as professionals, such as practicing architects, attorneys, building contractors and others, who provide services to these groups and may assist them in understanding and complying with the requirements of the Act. 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. Only submissions that propose projects of national scope or significance will be considered. In fiscal year 1994, the Department is seeking grant applications in the following six (6) priority areas: (1) Dissemination of ADA informational materials to architects and other design professionals at the local, State, and regional level; (2) Dissemination of ADA informational materials to building contractors, construction tradespeople, building inspectors and plan reviewers at the local, State, and regional level; (3) ADA education for state and local historic preservation offices, committees, boards and zoning and code officials involved in historic preservation decisions; (4) ADA education for staff of legal services offices, legal aid societies, and public interest law centers; (5) ADA education and pilot project for professional mediators; (6) ``The ADA: Civil Rights Law'' educational audiovisual materials. Projects must propose to conduct activities under the grant that have been specifically tailored to meet the particular needs of the targeted audience. Detailed information regarding these specific priorities may be found in the Program Priorities section of this solicitation. Although the Department has identified the above priorities for grant awards during FY 1994, other meritorious projects offering innovative methods of providing ADA Technical Assistance are eligible for consideration. In order to be considered, projects must have a clear statement of need and have national scope or significance. The Department anticipates that grants will be awarded in amounts ranging from $85,000 to $200,000. For Further Information Contact: Ruth Hall Lusher, ADA Technical Assistance Program Manager, Public Access Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 66738, Washington, DC 20035-6738. 1-800-514-0301 (Voice) or 1-800-514-0383 (TTY). 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 Civil Rights Division'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 provides legal protection to individuals with disabilities in the areas of public accommodations, commercial facilities, State and local government services, transportation, and employment. 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 and services, including transportation, and State and local government employment. The employment (title I) and transportation (title II, Subpart B) provisions of the ADA are regulated by other Federal agencies and are not the subject of this Notice. Section 506 of the ADA requires that the Department of Justice render 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 telephone information service (for voice and TTY callers) through which members of the public may obtain recorded information and place orders for ADA materials 24 hours/day and may discuss questions they have about the ADA with information specialists during certain business hours. This service has recently been converted to a toll-free ``1- 800'' number and the number of hours of staffed service has been expanded; --A speaker's bureau through which organizations can arrange to have ADA experts from the Civil Rights Division speak on a variety of ADA issues; and --Distribution of written materials, including the Department's regulations implementing titles II and III, technical assistance manuals for titles II and III, an ADA Questions and Answers booklet, and other reference materials. These materials are available in standard print, large print, braille, audiotape, and computer disk. They may also be obtained through the Civil Rights Division's electronic bulletin board. Under section 506(d) of the Act, the Department has authority to award grants to individuals and non-profit entities for the purpose of supplementing the Department's technical assistance efforts. The Technical Assistance Grant Program is designed to develop and implement cost-effective and efficient strategies to disseminate information about the responsibilities and rights of covered entities and individuals under titles II and III of the ADA, with the goal of fostering understanding of, and facilitating voluntary compliance with, the ADA nationwide. This grant program is designed specifically to increase the level of knowledge of the ADA in order to ultimately increase the level of voluntary compliance with the ADA. The program is not intended to fund or support site-specific compliance implementation (e.g., funding to make specific facilities more accessible). Nor is it intended to fund or support inspections, reviews, or tests to determine whether an entity is meeting its compliance obligations. Proposals to conduct projects of these sorts will not be considered. Since the initiation of the grant program in 1991, the Department has awarded grants to 30 non-profit organizations. The recipients have included a wide range of groups, and the types of projects previously funded include: Projects to develop and disseminate educational materials, including detailed manuals, brochures and videotapes, to explain the regulations and how to comply with the ADA; projects to disseminate existing information to targeted audiences; projects to develop and conduct ADA training programs and seminars; projects to operate telephone information lines to answer various questions about the provisions of the ADA; and projects to develop and incorporate ADA materials into professional educational curricula and programs. Grantee projects have targeted various audiences of persons with responsibilities under title III or title II of the ADA, persons with disabilities with rights under the ADA, and persons who, because of their areas of professional or technical expertise, provide services that may assist these groups in understanding and complying with the requirements of the Act. Title III projects have been directed toward educating owners and operators of restaurants and bars, hotels and motels, retail stores, grocery stores, professional offices, recreation and fitness centers, museums and other places of 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 and governing bodies of U.S. cities with populations over 30,000 and towns with populations under 10,000, law enforcement agencies, 911/emergency response operators, state courts, state social service agencies, public libraries, and persons involved in testing for licensure and certification purposes. While some projects have focused on educating people with disabilities about their rights under titles II and III of the ADA, others have educated covered entities with responsibilities under the ADA on how to accommodate people with different kinds of disabilities, such as people with mobility impairments, manual impairments, hearing impairments, speech impairments, vision impairments, seizure disorders, mental retardation, mental illness, and people with cognitive, developmental, or learning disabilities. 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; and community mediators. Several grant recipients have directed technical assistance toward persons who speak Spanish and other non-English languages. Some effective strategies used by grantees have been to integrate ADA Technical Assistance materials into established programs and the creation of an innovative project conducted on a statewide basis, that can be studied and replicated by others nationally. For example, the Police Executive Research Forum is creating a set of materials, with some material specifically developed to be integrated into police academy training and others for use in on-the-job roll-call training. The set of materials includes a series of modules on protecting the rights of persons with seizure disorders, speech and hearing impairments, and mental illness. The Chief Officers of State Library Agencies is creating a single source collection of ADA materials that will be available to the public nationwide through their local libraries. The National Association of Towns and Townships is producing ADA materials to train regional and state ADA technical assistance providers to assist them in educating officials from small towns with fewer than 10,000 residents on how to comply with the ADA. The American Association of Retired Persons will create materials and conduct training sessions throughout the country to educate older persons with disabilities about their rights under the ADA. The results of a South Carolina project, which partners different State agencies and a state-based advocacy organization for persons with mental illness to examine and correct ways in which social service and public benefit programs discriminate against persons with mental illness, will be disseminated nationwide. A description of all projects, including a list of materials that have been or are being produced by grant recipients, may be obtained by calling 1-800-514-0301 (Voice) or 1-800-514-0383 (TTY) or the electronic bulletin board at (202) 514-6193. Applicants should be aware that 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. For example, the Department would not fund a project concerning the design of accessible physical environments for children because standards have not yet been adopted by the Department in this area. Only proposals to conduct projects of national scope or significance will be considered. For example, a professional or trade association at the national level that proposes to target educational information to its membership nationwide might be funded. A local or state trade association with no national affiliation or reach would not be funded, unless the local or state group could adequately demonstrate its ability to draw national attention to, and participation in, its project. The Department is particularly interested in receiving proposals that: specifically address how members of minority communities will be included within the population targeted by the applicant for receipt of technical assistance; reflect an ability to begin project activities in an expedited manner; utilize materials already developed by Federal agencies and their grantees or contractors; represent joint ventures between organizations that represent persons with disabilities and organizations that provide services that may assist covered entities in their compliance efforts; and engage national membership organizations in supporting the project's objectives. Eligible Applicants. This grant competition is open to individuals and 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, and national and local organizations representing persons with disabilities. Grant Period and Award Amount. The period of performance will be twelve months from the date of the grant award. A total of $2.25 million is available for this technical assistance grant program; it is anticipated that grants will be awarded in amounts ranging from $85,000 to $200,000. However, the estimated funding level 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 August 2, 1994 at the Public Access Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 66738, or 1425 New York Ave., NW., room 4039, Washington, DC 20035- 6738. Applications may not be sent by Fax. Applications received after 5:30 p.m. on August 2, 1994 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, an original and two copies of the application packet described in the Application Requirements section must be submitted. Program Priorities Since the inception of the ADA Technical Assistance Grant Program in 1991, the Department has funded over 30 projects, with the primary focus being to educate entities and individuals with responsibilities and rights under titles II and III of the ADA. Many of the audiences targeted have been those with title III responsibilities, including owners and operators of retail stores, supermarkets, hotels and motels, day care centers, and health care and other service providers. Projects directed toward educating those with obligations under title II have included law enforcement agencies, state court systems, 911/emergency response operators, city and town governing bodies, and publicly funded hospitals and other health care services. Targeted audiences have also included people with disabilities with rights under titles II and/or III. As the purpose of the Grant Program is to promote and facilitate voluntary compliance with the ADA, the Department believes that it is necessary to identify, educate and work with professionals at the local, State, and regional level who, because of their professional or technical expertise, provide services to the above audiences and may assist them in understanding and complying with the requirements of the Act. For this reason, the Department has expressed a particular interest in receiving proposals that target this specific audience in the following six priority areas: Priority 1: Dissemination of ADA informational materials to architects and other design professionals at the local, State, and regional level. Architects and other design professionals play an essential role in ensuring that newly constructed facilities and additions or alterations to existing facilities are designed and built in accordance with the ADA Standards for Accessible Design. Businesses, State and local governments, service agencies and other ADA covered entities rely on the knowledge and expertise of the architect; they expect that the professional will design a building or facility that will meet a myriad of needs, one of which is compliance with the ADA Standards for Accessible Design. With access to educational materials and services, architects and design professionals at the local level can help business owners comply with the ADA and reduce claims of discrimination by people with disabilities based on inaccessible facilities or elements. Since the enactment of the ADA, a wealth of educational material on complying with the accessible design requirements has been developed by Federal agencies to be used by entities and individuals with responsibilities and rights under the ADA and professionals who may provide services that will assist these groups in understanding and complying with the requirements of the Act. Examples of such information include the Department of Justice's ADA Standards for Accessible Design, and titles II and III Technical Assistance Manuals; the Access Board's ADA Accessibility Guidelines Checklist and various Technical Assistance Bulletins (addressing accessibility topics such as detectable warnings, visual alarms, TTYs, slip-resistant surfaces and using ADAAG). Other materials have been produced through federally funded grant programs and examples include DOJ funded projects such as the American Hotel and Motel Association's Accommodating All Guests compliance manual, the Food Marketing Institute's ADA Starter Kit for Supermarkets and the ADA Compliance Manual for Supermarkets, and the National Restaurant Association's ADA: Answers for Foodservice Operators compliance manual and A Warm Welcome videotape on compliance for the food service industry. Examples of grants funded through the National Institute on Disability and Rehabilitation Research (NIDRR) include numerous ADA Design Tech Sheets (illustrated technical materials addressing such topics as signage, areas of rescue assistance, accessible route, ATMs, curb ramps, ground and floor surfaces, etc.), and the Title II Action Guide for State and Local Governments. The Government has also created a variety of informational services, such as the Department of Justice's toll-free ADA Information Line, through which individuals can speak directly with an ADA Specialist, or access recorded information about the requirements of the ADA 24 hours a day. Information about the ADA may also be downloaded through the Department's Electronic Bulletin Board. Similar services are available through other Federal agencies. Despite the existence of these materials, many of which are available free of charge from the Department and other Federal agencies, many professionals at the local level are unaware of their availability and continue to design and build facilities that do not comply with the ADA Standards for Accessible Design. The goal of Priority 1 is to develop a nationwide system to inform architects and design professionals about the ADA and the availability of these informational materials and services to ensure dissemination of existing ADA materials to practicing architects and other design professionals at the local level. The project should utilize existing channels, such as professional and trade organizations, trade publications, meetings, and electronic media to inform as wide an audience of design professionals as possible of the availability of informational materials and services and to assist with dissemination. In establishing this system, the project should seek to establish links between existing Federal information resources and private dissemination channels and implement an approach through which the Department can continue to disseminate new materials to targeted audiences, as they are developed, on an on-going, long-term basis following the conclusion of the grant period. Types of mechanisms that could be used to accomplish this might include the development of articles for publication in trade journals, the distribution of sample or resource packets to architectural libraries, the presentation of information about the ADA and the availability of Federal resources and materials through computer networks and electronic media, etc. Priority 1 is an ADA informational materials dissemination project for architects and design professionals at the local, State, and regional levels that shall include the following major components: --Identify and compile specific materials that have been or are being developed by the Department of Justice, its grant recipients, the National Institute on Disability and Rehabilitation Research's grant recipients, the Architectural and Transportation Barriers Compliance Board and other Federal agencies as appropriate that the applicant intends to publicize to the targeted populations; --Identify professional and trade organizations that serve architects and design professionals that have regional, state and local affiliations through which information and materials could be disseminated; --Identify professional and trade journals and other publications through which the availability of materials can be publicized at the local, State, and regional levels; --Establish size of target audience and state explicitly the number of people expected to be served in the course of the project's activities; --Specify how the project will reach all parts of the targeted audience, including professionals serving racial and ethnic minority communities; --Develop a plan to effectively publicize and disseminate the availability of material available from Federal agencies and their grantees, utilizing, to the extent possible, existing dissemination mechanisms for architects and design professionals including professional and trade journals, regional and national conferences, etc. Such a plan should ensure that the dissemination of materials will continue after the grant period has ended; --Develop, reproduce and disseminate marketing materials such as pamphlets, flyers, articles, ad slicks or other products necessary to inform architects and design professionals of the availability of ADA materials; --Create articles on the requirements of the ADA for publication in media appropriate to target audience; --Coordinate with the Department to ensure that future new or updated materials will continue to be disseminated to professionals at the local level following the conclusion of the grant period; --Develop a plan to evaluate the effectiveness of the project and how the proposed evaluation criteria will indicate to what degree the project succeeded in meeting its stated objectives and reaching the targeted audience. Priority 2: Dissemination of ADA informational materials to building contractors, construction tradespeople, building inspectors and plan reviewers at the local, State, and regional levels. Building contractors, construction tradespeople, building inspectors and plan reviewers play an essential role in ensuring that new construction, additions, and alterations are accessible. Many smaller projects, particularly alterations, are accomplished by contractors and tradespeople without the use of architects or other design professionals. Business owners, State and local governments, service agencies and other ADA covered entities rely on the knowledge and expertise of builders to meet a myriad of needs, one of which is compliance with the ADA Standards for Accessible Design; and contractors and tradespeople rely on building inspectors and plan reviewers for advice and assistance in understanding and applying these rules. With access to educational materials and services, building contractors and skilled construction tradespeople at the local level can help business owners comply with the ADA and reduce claims of discrimination by people with disabilities based on inaccessible facilities or elements. Since the enactment of the ADA, a wealth of educational material on complying with the accessible design requirements has been developed by Federal agencies for use by entities and individuals with responsibilities and rights under the ADA and professionals who may provide services that will assist these groups in understanding and complying with the requirements of the Act. Examples of such information include the Department of Justice's ADA Standards for Accessible Design, and title II and III Technical Assistance Manuals; the Access Board's ADA Accessibility Guidelines Checklist and various Technical Assistance Bulletins (addressing accessibility topics such as detectable warnings, visual alarms, TTYs, slip-resistant surfaces and using ADAAG). Other materials have been produced through federally funded grant programs and examples include DOJ funded projects such as the American Hotel and Motel Association's Accommodating All Guests compliance manual, the Food Marketing Institute's ADA Starter Kit for Supermarkets and the ADA Compliance Manual for Supermarkets, and the National Restaurant Association's ADA: Answers for Foodservice Operators compliance manual and A Warm Welcome videotape on compliance for the food service industry. Examples of grants funded through the National Institute on Disability and Rehabilitation Research (NIDRR) include numerous ADA Design Tech Sheets (illustrated technical materials addressing such topics as signage, areas of rescue assistance, accessible route, ATMs, curb ramps, ground and floor surfaces, etc.), and the Title II Action Guide for State and Local Governments. The Government has also created a variety of informational services, such as the Department of Justice's toll-free ADA Information Line, through which individuals can speak directly with an ADA Specialist or access recorded information about the requirements of the ADA 24 hours a day. Information about the ADA may also be downloaded through the Department's Electronic Bulletin Board. Similar services are available through other Federal agencies. Despite the existence of these materials, many of which are available free of charge from the Department of Justice and other Federal agencies, many individuals at the local level are unaware of their availability and continue to build or alter facilities that do not comply with the ADA Standards for Accessible Design. The goal of Priority 2 is to develop a nationwide system to inform building contractors, construction tradespeople, building inspectors and plan reviewers about the ADA and the availability of these informational materials and services to ensure the dissemination of existing ADA materials to contractors and others at the local level. The project should utilize existing channels, such as trade organizations, trade publications, meetings, and electronic media to inform as wide an audience of contractors and others as possible of the availability of the material and to assist with dissemination. In establishing this system, the project should seek to establish links between existing Federal information resources and private dissemination channels and implement an approach through which the Department can continue to disseminate new materials, as they are developed, on an on-going, long-term basis following the conclusion of the grant period. Types of mechanisms that could be used to accomplish this might include the development of articles for publication in trade journals, the distribution of sample or resource packets to libraries serving the target population, the presentation of information about the ADA and the availability of Federal resources and materials, and making the same available through computer networks and other electronic media. Priority 2 is an ADA informational materials dissemination project for building contractors, construction tradespeople and others at the local, State, and regional level that shall include the following major components: --Identify and compile specific materials that have been or are being developed by the Department of Justice, its grant recipients, the National Institute on Disability and Rehabilitation Research's grant recipients, the Architectural and Transportation Barriers Compliance Board and other Federal agencies as appropriate that the applicant intends to publicize to the populations to be served by the project; --Identify professional and trade organizations serving the targeted population with regional, State and local affiliations through which information and materials could be disseminated; --Identify professional and trade journals and other publications through which the availability of materials can be publicized at the local, State, and regional level; --Establish size of target audience and state explicitly the number of people expected to be served in the course of the project's activities; --Specify how the project will reach all parts of the targeted audience, including racial and ethnic minority communities; --Develop a plan to effectively publicize and disseminate the availability of material available from Federal resources and their grantees utilizing, to the extent possible, existing dissemination mechanisms for the targeted population including professional and trade journals, regional and national conferences, etc.; Such a plan should ensure that dissemination will continue after the grant period has ended; --Develop, reproduce and disseminate marketing materials such as pamphlets, flyers, articles, ad slicks or other products necessary to inform the targeted population of the availability of ADA materials; --Create articles on the requirements of the ADA for publication in media appropriate to target audience; --Coordinate with the Department to ensure that future new or updated materials will continue to be disseminated to the targeted population at the local level following the conclusion of the grant period; --Develop a plan to evaluate the effectiveness of the project and how the proposed evaluation criteria will indicate to what degree the project succeeded in meeting its stated objectives and reaching the targeted audience. Priority 3: ADA education for State and local historic preservation offices, historic preservation committees and boards, and local zoning and code officials involved in historic preservation decisions. Staff and officials of State and local historic preservation offices, members of historic preservation committees and boards, and local zoning and code officials involved in historic preservation decisions need guidance on effective methods of complying with the ADA without destroying the historic nature of the facility or element. While some educational materials currently exist, the need for these audiences to learn about and understand how to implement practical solutions remains paramount. The goal of Priority 3 is to undertake a nationwide effort to educate State and local historic preservation offices, historic preservation committees and boards, and zoning and code officials involved in historic preservation decisions on the requirements of the ADA and how to maintain the integrity of the historic property while providing accessibility as required under the ADA that promotes independence and dignity. Projects of this type should focus specifically on providing practical solutions to access problems faced by historic properties. Projects to develop and disseminate educational materials, to develop and conduct training using existing materials, or to develop materials and conduct training will be considered. Priority 3 is an ADA education project for historic preservation officials that shall include the following major components: --Develop educational materials that focus on solutions to access problems specific to properties such as historic museums, historic buildings housing public accommodations and those housing State and local government programs. The materials shall illustrate how people with disabilities use the built environment and how the provisions of the ADA Standards for Accessible Design can be effectively used to provide mainstream access without destroying the historic significance of the building or facility; --Establish size of target audience and state explicitly the number of people expected to be served in the course of the project's activities; --Identify and coordinate with established professional organizations, such as the National Trust for Historic Preservation, the National Conference of State Historical Preservation Officers, and State Historical Commissions, etc., through which information and materials could be disseminated; --Specify how the project will reach all parts of the targeted audience, including racial and ethnic minority communities; --Utilize existing federally approved materials to the maximum extent possible; --Develop and implement a strategy to disseminate the materials nationally, coordinating with other state and national historic preservation organizations as appropriate; --If the project includes a training component, identify topics to be covered and the rationale for selecting those topics and develop and implement a plan to select trainers; --If the project includes training, a minimum of five regional sessions should be held. Criteria to be used to select the training locations should be carefully thought out and described in the applicant's proposal; --Develop and implement a strategy to publicize information about the ADA and the availability of materials and training sessions nationally through organizations, print and electronic media; --Create articles on the requirements of the ADA for publication in media appropriate to target audience; --Develop a plan to evaluate the effectiveness of the project and how the proposed evaluation criteria will indicate to what degree the project succeeded in meeting its stated objectives and reaching the targeted audience. Priority 4: ADA education for staff of legal services offices, legal aid societies, and public interest law centers. For a person with a disability, access to technical assistance and good legal advice about the ADA is severely limited by the lack of public interest lawyers trained in the requirements of the ADA. The right to legal advice and their right to file private lawsuits is a critical component of the ADA. According to the latest census data, over 20% of the 12.9 million people of working age reporting the presence of a work disability have family incomes below the Federal poverty threshold. Because of this, people with disabilities are consistently being referred to public interest law centers, legal services offices, and legal aid societies for affordable legal assistance, and yet the vast majority of staff at those offices have not been even minimally trained on the requirements of the ADA. For the high percentage of individuals with disabilities who rely on low-cost or free legal services, it is critical to the successful implementation of the ADA that these lawyers receive training on the ADA. The goal of Priority 4 is to develop and conduct a nationwide training program for staff and boards of legal services offices, legal aid societies, and public interest law centers about titles II and III of the ADA. Priority 4 is an ADA project to educate legal services, legal aid societies and public interest law centers that shall include the following major components: --Develop and conduct a minimum of five regional ADA training seminars; --Establish size of target audience and state explicitly the number of people expected to be served in the course of the project's activities; --Specify how the project will reach all parts of the targeted audience, including legal groups serving racial and ethnic minority communities; --Develop innovative approaches to reach the widest possible audience with funds available; --Identify and select for training staff and board members of public interest law centers, legal services groups, and legal aid societies from throughout the United States. The following factors should be considered in the selection process: geographical representation from the 50 states; representation from urban, suburban, and rural areas; representation from legal groups serving citizens with minority backgrounds; --Develop a plan for publicizing the availability of the training, using, to the extent possible, existing dissemination mechanisms for legal services and public interest law centers including publications, professional journals, local, state, and national meetings, etc.; --Develop training materials and activities appropriate to public interest lawyers, utilizing existing federally approved materials to the maximum extent possible; --Provide training to selected staff and board members of public interest law centers, legal aid societies, and legal services groups on title II and title III of the ADA and on recent policy developments; --Create articles on the requirements of the ADA for publication in media appropriate to target audience; --Develop a plan to evaluate the effectiveness of the project and how the proposed evaluation criteria will indicate to what degree the project succeeded in meeting its stated objectives and reaching the targeted audience. Priority 5: ADA education and pilot project for professional mediators. The ADA encourages the use of means other than litigation to resolve ADA disputes. Professional mediators provide an alternative forum for complainants and respondents to resolve their misunderstandings or disagreements about the ADA's requirements. Effective use of professional mediators trained to mediate ADA cases can help bring about compliance with the ADA, while saving both parties from the high costs, delays, and inconveniences often associated with litigation. The goal of Priority 5 is to train a select number of professional mediators nationwide about title III of the ADA, refer title III cases to these mediators for mediation, monitor the outcome of mediation efforts, and evaluate and disseminate the evaluation of the project to mediators and other interested parties nationwide, so that the project can be effectively replicated in other areas of the country. Priority 5 is an ADA education and pilot project for professional mediators that shall include the following major components: --Work with and through one or more national organizations representing professional mediators to assist in publicizing the project to mediators who may participate in the project, as well as to assist in disseminating the final evaluation of the project to mediators and other interested parties nationwide; --Establish size of target audience and state explicitly the number of people expected to be served in the course of the project's activities; --Specify how the project will reach all parts of the targeted audience, including mediators serving racial and ethnic minority communities; --Develop criteria to be used to select the mediators to participate in the project; --Develop and implement an ADA training program and provide follow-up technical assistance to the participating mediators; --Develop and implement a plan for referring cases to the participating mediators and for monitoring the status of the mediators' ADA project- related caseloads; --Provide mediation for a specified number of cases, at no cost to the disputing parties, within nine months after the completion of training; --Create articles on the requirements of the ADA for publication in media appropriate to target audience; --Develop a plan to evaluate the effectiveness of the project and how the proposed evaluation criteria will indicate to what degree the project succeeded in meeting its stated objectives and reaching the targeted audience; --Develop a plan for disseminating the training materials nationwide. Priority 6: ``The ADA: Civil Rights Law'' educational videotape. Lack of recognition that the ADA is a civil rights law, long held myths and stereotypes, and ignorance about the attitudinal and physical discrimination that people with disabilities face in their daily lives--not being able to enter the building to attend a child's school play; not being allowed to play on a sports team or participate in the town meeting; not being able to order a hamburger, drop off dry cleaning, or to rent a car--are thought to be major impediments to voluntary compliance with the ADA. The goal of Priority 6 is to produce and disseminate educational audiovisual materials illustrating discrimination, stereotypes and attitudinal barriers encountered by people with disabilities. The goal of this project is to identify the ADA as a civil rights law, distinct from a ``benefit program'', with the same historical background and battles associated with other types of civil rights legislation. The project will draw comparisons between discrimination encountered by people with disabilities and other protected classes of individuals and the historical struggle people with disabilities and others faced to gain the right to equality. Finally, the project will focus on the impact that complying with the ADA can have on changing stereotypes, eliminating barriers, and increasing access to goods, services, and activities. Educating the public about the abilities of people with disabilities to function well in an accessible environment and dispelling oft held myths and stereotypes can lead to increased voluntary compliance with the ADA. Materials developed in this project shall portray persons with disabilities in a positive manner and will be used to increase the general public's awareness of disability, accessibility and the ADA and its historical place in the development of civil rights legislation. The project should also strive to increase the level of communication between covered entities, people with disabilities, and providers of consultation services. Priority 6 is an ADA educational audiovisual project that shall include the following major components: --Create and disseminate broadcast quality educational videotapes, identifying the ADA as a civil rights law with protection for people with disabilities parallel to that provided under other civil rights legislation; --Edit to provide videotapes of varying lengths, suitable for use in a variety of broadcast situations (e.g., short segments to be used to promote the videotape or on magazine type programs, longer segments for viewing by audiences attending a meeting, etc.); --Identify target audience and state explicitly the number of people expected to be served in the course of the project's activities; --Specify how the project will reach all parts of the targeted audience, including racial and ethnic minority communities; --Identify types of attitudinal and physical discrimination that prevent people with disabilities from gaining equal opportunity and possible methods to eliminate discrimination; --Illustrate the increased independence persons with disabilities experience when barriers are removed; --Identify and select professional, civic and business organizations to disseminate the video through their local, state and regional affiliations; --Identify and select public and cable television networks to air and disseminate copies of the videotape for local, regional, and national viewing; --Develop and implement a strategy for disseminating the video to selected organizations; --Develop a plan to publicize the project and the product nationally through print and electronic media; --Create articles on the requirements of the ADA for publication in media appropriate to target audience; --Develop a plan to evaluate the effectiveness of the project and how the proposed evaluation criteria will indicate to what degree the project succeeded in meeting its stated objectives and reaching the targeted audience; --Develop a plan to disseminate the results of the project. Other Meritorious Projects. The Department also seeks grant applications involving other meritorious projects that offer innovative methods of providing ADA Technical Assistance to entities and individuals with rights and responsibilities under the ADA and professionals who provide services to these groups and may assist them in understanding and complying with the ADA. Only those projects with a clear statement of need and of national scope or significance will be considered. Other Meritorious Projects shall include the following major components: --Statement of need. Applicants should indicate why their project is needed and how they have determined that the issues or topics they intend to address are, in fact, the issues or topics that will best serve the needs of the population for whom the project has been designed. Some populations, for example, may need to be made aware of the ADA and be provided with basic information, while others may be familiar with the basic legal requirements, but need information on how to translate the legal standards into concrete, practical solutions for achieving compliance. Others may need in-depth education on specific aspects of the law; --Description of the target audience by describing such factors as geographic scope, type of population (type of business, type of governmental unit, type of disability, type of professional service offered), or other relevant characteristics. Applicants should also state explicitly the number of people expected to be served in the course of the project's activities; --Specify how the project will reach all parts of the targeted audience, including racial and ethnic minority communities; --Provide a statement of goals and objectives of the project. Applicants should describe in concrete terms what is to be accomplished during the project period. The anticipated impact on voluntary compliance efforts should also be clearly articulated; --Develop a plan to disseminate the materials or results of the project nationwide; --Work with and through established organizations, where possible, to reach the largest segment of the population possible; --Utilize existing Federally-approved materials to the maximum extent possible; --Develop a plan to evaluate the effectiveness of the project and how the proposed evaluation criteria will indicate to what degree the project succeeded in meeting its stated objectives and reaching the targeted audience. 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 applying under the Other Meritorious Project category must demonstrate an in-depth knowledge of the target audience and their specific needs. 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. Plan of action must be sound and well-reasoned, with evidence of the ability to implement plan immediately and complete the project in a timely manner. Applicants must demonstrate the ability to produce and/or disseminate information and materials within the period of performance. Project strategy must include a clear plan for objectively evaluating the effectiveness of the project, as described in the General Requirements for Grant Recipients section of this solicitation. Staff Capability (25 Points) Applicants must provide evidence of qualified personnel with particular experience in the areas addressed in the application. The application must contain necessary position descriptions, resumes, and assurances of availability of staff (existing and contract staff) with appropriate competencies and experience. Duties outlined for grant- funded positions 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 effectively reach and work 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. Grantee Orientation and Coordination. Grantees are expected to coordinate their project activities, where appropriate, with other Federally sponsored ADA technical assistance activities, including those of the Department of Justice (DOJ), the National Institute on Disability and Rehabilitation Research (NIDRR), the Architectural and Transportation Barriers Compliance Board (ATBCB), the Equal Employment Opportunity Commission (EEOC) and their grantees. The purpose of this coordination is to avoid duplication of effort, to utilize materials already developed by Federal agencies and grant recipients, and to otherwise refer to and take advantage of ADA resources that have already been developed. Additionally, successful applicants will receive an orientation that will familiarize them with projects being undertaken by other successful applicants. Thereafter, 1994 grantees will be expected to exchange information and provide support to each other where appropriate. Evaluation. One goal of this grant program is to determine which education, information dissemination, and compliance assistance strategies are most effective in reaching as many persons as possible in the targeted population with information that serves their particular needs. It is therefore essential that each project describe reliable and objective criteria to evaluate the effectiveness of the project at the conclusion of the period of performance and to provide this information to the Department. 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 one-day training session on the ADA and grant management procedures. Each grant recipient will be invited to send two staff persons to this training session. Funds for travel to Washington, D.C. for this training should be included in the proposed grant budget. Applicants are also advised that DOJ staff will 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 Public Access Section in the administration of this program. Applicants are advised that copies of the quarterly progress reports sent to OJP must also be sent to the Public Access Section. DOJ Review of Grantee Materials. All materials used or developed by grant recipients must be approved by DOJ in advance of use. Applicants should anticipate careful review of any newly developed materials by the Department to ensure that the materials are legally accurate and should allow ample time in their proposed project schedules for this review. Particular attention should be paid to budgetary and staffing needs to ensure that materials to be disseminated will reach the targeted population in a timely manner during the grant period. Availability of Existing DOJ Materials. Publications that are currently available free of charge from the Department of Justice (DOJ) will be provided to the grantee as resources permit. If an applicant intends to disseminate materials of a nature similar to 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 the Department. In general, funds for the reproduction of such materials should be included in the proposed grant budget. Copyrights. Grant recipients are free to copyright any materials they develop, if they so choose, and may continue to reproduce and distribute such materials after the grant period is over. Applicants should be aware that DOJ retains the right to reproduce their materials and to disseminate them to the public at its will, without payment of royalties to the grantee. Program Income. Grantee recipients may charge for grant-related activities and products (e.g., materials developed and disseminated, workshop or training 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 for purposes that further eligible program objectives (e.g., obtaining equipment or other assets required for the program). Program income may not be used to support or further a grantee's general organization, its programs or its services. Consultative Services. Applicants who offer consultative services for a fee to assist covered entities in complying with their ADA responsibilities or who provide legal representation services for free or for a fee to, or on behalf of, persons with disabilities should include a statement briefly describing the services provided. 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. All copies of any videotapes produced must either be open-captioned or closed-captioned for persons with hearing impairments. If videotapes contain significant visual action, some of the closed-captioned tapes must be audio-described for persons with vision impairments. Effective Communication and Accessibility Requirements. If applicants propose to charge a fee for the materials they produce and disseminate, they must charge the same fee for alternate formats as for standard formats. 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 TTY telephone number. Applicants who do not have a TTY may include the cost of purchasing one in the proposed project budget. 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 may not be included in the proposed project budget. All grant activities must be held in accessible facilities and must be available in formats accessible to individuals with communication disabilities. Materials to be Provided to DOJ. One thousand standard print copies, 100 audiotape copies, 100 large print copies, and 50 Braille copies of each publication produced under the grant must be provided to DOJ. One one-inch NCSC standard fully mixed and open-captioned edited master videotape, 25 other copies, and, where appropriate, 15 audiodescribed copies of each videotape produced under the grant must be provided to DOJ for use by the Federal government. 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. Funds for the reproduction of the above materials should be included in the proposed grant budget. 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 technical assistance efforts. All applicants must submit, in the order given, an original and two copies of the following information. 1. A signed SF 424 and SF 424A (Rev. 4/88) application form. 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. Depending on the nature of the project, this may be indicated by the number of copies of print materials to be developed and disseminated, the number of people expected to be trained, the number of people expected to view audiovisual materials, or other appropriate indicators of the scale of the project. 3. A Project Strategy and Plan of Action (maximum length 15 pages) that: --Addresses each major component identified in the grant priorities specific to the project for which applicant is applying; --Describes all major activities, events, and/or products that are planned; --Provides a detailed plan for evaluating the effectiveness of the project, and how the proposed evaluation criteria will indicate to what degree the project succeeded in meeting its stated objectives and reaching the targeted audience; and --Provides a description of the applicant's plan for coordinating project activities with other Federal ADA programs and their grantees. 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 descriptions for positions that are proposed to be funded under the grant. 8. Resumes or qualifications of the key individuals who will fill the grant positions, including consultants, if any (maximum length 3 pages each). 9. Letters of commitment from organizations that will be involved in the project, if any. 10. A 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 25, 1994. Deval L. Patrick, Assistant Attorney General, Civil Rights Division. [FR Doc. 94-13514 Filed 6-2-94; 8:45 am] BILLING CODE 4410-01-P