[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]


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Part VI





Department of Justice





_______________________________________________________________________



Civil Rights Division



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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