[Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
[Notices]
[Pages 25744-25749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12779]



      

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Part II





Department of Justice





_______________________________________________________________________



Civil Rights Division



_______________________________________________________________________



Disability Rights Section; The Americans With Disabilities Act 
Technical Assistance Grants To Promote Voluntary Compliance With the 
Act; Notice

Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / 
Notices

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DEPARTMENT OF JUSTICE

Civil Rights Division


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

AGENCY: Disability Rights Section, Civil Rights Division, U.S. 
Department of Justice.

ACTION: Notice of availability of funds and of solicitation for grant 
applications.

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PURPOSE: The Disability Rights Section of the Civil Rights Division, 
United States Department of Justice (DOJ), announces the availability 
of up to $500,000 to fund projects under the ADA Technical Assistance 
Program. The program seeks to inform and educate covered entities and 
persons with disabilities about their responsibilities and rights under 
title II and title III of the Americans with Disabilities Act of 1990 
(ADA). The term ``covered entities'' refers to businesses, commercial 
properties, institutions, State and local governments or their 
agencies, and other organizations or enterprises that have 
responsibilities under title II or title III of the ADA. The primary 
objective of this program is to encourage and facilitate voluntary 
compliance with titles II and III of the ADA and the Department's 
implementing regulations through education and information sharing.
    This year, the Department is seeking grant applications in the 
following two (2) priority areas:
    (1) Statewide projects to educate small businesses about the basic 
requirements of title III of the ADA. The projects, utilizing local 
business and professional organizations, will make businesses aware of 
the ADA and the ADA resources available locally, within the State, and 
from the Federal government; and promote the exchange of ideas and 
information on successful compliance efforts within their communities. 
The Department anticipates funding projects in larger States in amounts 
up to $100,000 and projects in smaller States in amounts up to $50,000.
    (2) Projects to conduct statewide ADA information-sharing 
conferences for State and local government officials. These conferences 
will provide information on the requirements of title II of the ADA and 
the ADA resources available locally, within the State, regionally, and 
from the Federal government; and promote the exchange of ideas and 
information on successful compliance efforts within the State. The 
Department anticipates that projects will be funded in amounts up to 
$40,000 each.
    Detailed information regarding these specific priorities may be 
found in the Program Priorities section of this solicitation. Proposals 
not responsive to the established priority areas will not be 
considered.
    Grants will be awarded to selected applicants who propose cost-
effective and efficient methods for carrying out projects related to 
this year's priorities. The Department is particularly interested in 
receiving proposals that: reflect an ability to begin project 
activities in an expedited manner; demonstrate an ability to reach and 
work effectively with established business, professional, trade, or 
municipal organizations; utilize materials already developed by Federal 
agencies and their grantees or contractors; draw on people within the 
State who have ADA expertise; represent long-term joint ventures 
between business, professional, trade, or municipal organizations and 
organizations that represent persons with disabilities; and 
specifically address how members of minority communities will be 
included within the population targeted by the applicant for receipt of 
technical assistance.

ELIGIBLE APPLICANTS: This grant competition is open to non-profit 
organizations, including trade and professional associations or their 
subsidiaries, organizations representing State and local governments or 
their employees, other organizations representing entities covered by 
the ADA, State and local government agencies, organizations 
representing persons with disabilities, and individuals. Preference 
will be given to the specific types of organizations described under 
Priority 1 and Priority 2 in the Program Priorities section of this 
solicitation.

GRANT PERIOD AND AWARD AMOUNT: The period of performance will be twelve 
months from the date of the grant award. An October 1, 1996 project 
start date is anticipated. A total of up to $500,000 is available for 
this solicitation. It is anticipated that Priority 1 grants will be 
awarded in amounts up to $100,000 in larger States and up to $50,000 in 
smaller States. Priority 2 grants will be awarded in amounts up to 
$40,000. However, the estimated funding level announced in this notice 
does not bind the Department of Justice to make any awards or to any 
specific number of awards or funding levels.

APPLICATION DEADLINE: Applications must be received by the close of 
business (5:30 p.m. EST) on July 22, 1996, at the Disability Rights 
Section, Civil Rights Division, U.S. Department of Justice, 1425 New 
York Ave., NW., Room 4039, Washington, DC 20005 (overnight, express, or 
hand deliveries) or P.O. Box 66738, Washington, DC 20035-6738 (U.S. 
Postal Service mail). Applications may not be sent by facsimile. 
Applications received after 5:30 p.m. on July 22, 1996, will not be 
considered for award, even if the application was postmarked before 
that date. Incomplete applications will not be considered for award. In 
order to be considered complete, one bound original and two unbound 
copies of the application packet described in the Application 
Requirements section of this solicitation must be submitted.

FOR FURTHER INFORMATION CONTACT: Ruth Hall Lusher, ADA Technical 
Assistance Program Manager, Disability Rights Section, Civil Rights 
Division, U.S. Department of Justice, P.O. Box 66738, Washington, DC 
20035-6738. Grant application packages may be ordered by calling 1-800-
514-0301 (Voice) or 1-800-514-0383 (TTY), 24 hours a day, seven days a 
week. This Notice and other related information, with the exception of 
standard forms, are available in alternate formats, e.g., large print, 
braille, audiotape, and computer disk. With the exception of standard 
forms, this information may also be accessed through the Disability 
Rights Section's electronic bulletin board at (202) 514-6193.

Background and Program Description

    On January 26, 1992, the major provisions of titles II and III of 
the Americans with Disabilities Act (ADA) went into effect. The ADA 
prohibits discrimination against individuals with disabilities by 
employers, public accommodations and commercial facilities, State and 
local governments, transportation providers, and telecommunications 
services. Title III prohibits discrimination on the basis of disability 
in a broad range of public accommodations, commercial facilities and 
certain transportation services. Title II prohibits discrimination on 
the basis of disability in State and local government programs, 
activities, and services, including transportation and employment. The 
employment provisions (title I), most transportation provisions (title 
II, Subpart B), and telecommunications provisions (title IV) of the ADA 
are regulated by other

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Federal agencies and are not the subject of this Notice.
    Section 506 of the ADA requires the Department of Justice to 
provide technical assistance to entities and individuals that have 
responsibilities or rights under title II (subtitle A, State and local 
government services) and title III (public accommodations and 
commercial facilities) of the ADA.
    Pursuant to this requirement, the Department provides a variety of 
ADA-related services and information, including:

--A toll-free ADA Information Line (for voice and TTY callers) through 
which the public may obtain free publications and answers to questions 
about how the ADA applies to their own unique situation. The line, 
which fields up to 2,000 calls per week, also provides on-line service 
for Spanish-speaking callers;
--An ADA speakers bureau providing speakers from the Civil Rights 
Division to address a variety of ADA topics;
--Development and distribution of technical assistance materials, 
including the Department's regulations implementing titles II and III, 
technical assistance manuals for titles II and III, a series of ADA 
questions and answers publications, and other technical assistance 
materials targeted toward businesses, State and local government 
officials, professionals, and the general public. These materials may 
also be obtained through the Disability Rights Section's electronic 
bulletin board and through FedWorld on the Internet; and
--An outreach program to identify, inform, and work with covered 
entities and persons with disabilities, including disseminating 
information about the ADA and the Department's ADA Information Line to 
6 million businesses through the IRS quarterly mailing, distributing 
television and radio Public Service Announcements on the ADA featuring 
the Attorney General to broadcast stations, and disseminating ADA 
information and technical assistance materials to other targeted 
audiences including mayors of large cities, 11,000 law enforcement 
programs and national advocacy and service organizations representing 
people with disabilities, African Americans, and Hispanics, among 
others.

    Under section 506(d) of the Act, the Department has authority to 
award grants to non-profit entities and individuals for the purpose of 
supplementing the Department's technical assistance efforts. The 
Technical Assistance Grant Program is designed to develop and implement 
cost effective strategies to disseminate information about the 
responsibilities or rights of covered entities and individuals under 
titles II and III of the ADA and to provide practical information on 
effective ways to achieve compliance with the ADA. Through this 
program, the Department works with organizations and individuals 
representing the many constituencies affected by the ADA to develop and 
deliver educational programs and materials targeted to these audiences 
nationwide. The goal of the program is to foster voluntary compliance 
with the ADA.
    Because the grant program is educational in nature, the Department 
does not fund projects to research or resolve issues that are outside 
the scope of the Department's current ADA regulations and court 
interpretations. The program is not intended to fund or support site-
specific compliance implementation (e.g., funding to make specific 
facilities more accessible), or to fund or support inspections, 
reviews, or tests to determine whether an entity is meeting its 
compliance obligations.
    Since the initiation of the grant program in 1991, the Department 
has awarded over 50 grants to non-profit organizations and State 
government entities. Previous recipients have included a wide range of 
groups conducting a variety of projects.
    Title III projects have been directed toward educating owners and 
operators of hotels and motels, retail stores, grocery stores, 
restaurants and bars, professional offices, recreation and fitness 
centers, museums and other places of public display or collection, 
travel and tour agents, hospitals and health care providers, service 
providers for elderly persons, day care centers, small shops and 
stores, and large commercial properties.
    Title II projects have worked toward educating mayors of medium and 
large cities and small towns, law enforcement personnel, 911/emergency 
response operators, officers of State courts, State social service 
agencies, persons involved in testing for licensure and certification 
purposes, and members and staff of local historic preservation 
commissions.
    Other projects have been directed toward persons who can assist 
others in complying with the ADA, including professors and students in 
architecture, interior design, industrial design, and landscape 
architecture schools and programs; State and local building code 
officials; disability advocates; librarians; local historic 
preservation commissions; community and professional mediators; and 
building contractors and construction tradespeople. Simple, easy to 
understand materials about the ADA have been translated into Spanish 
and other languages.
    The Department has undertaken other initiatives to ensure that 
materials developed by the Department and those developed under the 
grant program are available in localities across the country. An ADA 
Information File, which contains more than 60 ADA technical assistance 
documents, has been placed in 15,000 libraries throughout the country. 
Additional materials will be added to the ADA Information File in the 
coming months. The Department also disseminated similar informational 
packets to 6,000 Chambers of Commerce nationwide. As a result, a wealth 
of resources and educational information exists today in local 
communities. (A listing of materials contained in the ADA Information 
File will be included in the Grant Application Packet.)
    The Department of Justice and other agencies have also taken steps 
to ensure that ADA technical assistance is available nationally, 
regionally, and locally. The Department, the Equal Employment 
Opportunity Commission (EEOC), and the Architectural and Transportation 
Barriers Compliance Board (Access Board) all operate toll-free ADA 
Information Lines to provide direct technical assistance to the public. 
The Department and the EEOC jointly funded a project to create the ADA 
Training and Implementation Network, a network of approximately 400 
individuals who completed an intensive ADA training course. Members of 
the Network are currently located in every State in the country to 
serve as local resources for businesses, governments, and persons with 
disabilities. The U.S. Department of Education funds ten Regional 
Disability and Business Technical Assistance Centers (DBTACs) to 
provide technical assistance to covered entities and individuals with 
disabilities at the local, State, and regional level.
    Despite these efforts and the availability of ADA information and 
resources, the Department has learned--through calls to its ADA 
Information Line, meetings with the public, Congressional inquiries, 
and studies conducted by the Government Accounting Office and by Louis 
Harris & Associates, Inc. for the National Organization on Disability--
that:

--Many people continue to be unaware of what the ADA requires and how 
easy it can be to comply;

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--Many people still believe that the ADA's requirements are more 
stringent than they are, or are unaware of cost-effective solutions for 
achieving compliance with the ADA;
--Some people who are trying in good faith to comply with the ADA are 
making needless and costly mistakes; and
--This lack of understanding can lead people to resist making efforts 
to comply, or make them vulnerable to hard-sell tactics by individuals 
who would profiteer from their lack of knowledge.

    For these reasons, under its fiscal year 1995 grant program, the 
Department funded sixteen (16) organizations to conduct statewide pilot 
projects to work with and educate both small businesses and State and 
local government officials. Title III projects for small businesses 
were conducted in the States of Alaska, California, Louisiana, 
Michigan, Nebraska, Nevada, New York, Pennsylvania, South Dakota, and 
Texas. Title II projects for State and local government officials were 
conducted in Arizona, Connecticut, Kansas, Massachusetts, New 
Hampshire, and North Carolina.
    These pilot projects, although not all of them have been completed, 
have already reached thousands of small business owners and State and 
local government officials at the local level, resulting in the 
identification of available community resources and the means for 
continuing, long term exchange of ideas and information. Because the 
pilot projects have been successful, the Department will fund 
additional statewide outreach and educational projects, as described in 
the following section.

Program Priorities

    For fiscal year 1996, the Department is again establishing absolute 
funding priorities and will fund multiple statewide projects under each 
priority. The objectives of funding priorities one and two are (1) to 
increase awareness of the ADA; (2) to increase knowledge of existing 
materials and resources available locally, within the State, 
regionally, and from the Federal government to assist people in 
understanding and complying with titles II and III of the ADA; and (3) 
to promote the exchange of ideas and information on successful 
compliance efforts. The Department will not consider proposals for 
funding that are duplicative of projects funded in individual States in 
1995 (see list of funded projects and States in Background and Program 
Description).
    The Department is soliciting proposals that address the following 
two (2) specific priority areas:
    Priority 1: Statewide pilot projects to educate small businesses 
about the basic requirements of title III of the ADA.
    The ADA provides a general framework to eliminate discrimination 
against people with disabilities while providing flexibility to address 
the unique circumstances of the estimated 6 million businesses in the 
United States. While this flexibility allows business owners and 
managers to make their own decisions about exactly how they can comply, 
many do not know where to turn for accurate, practical information and 
assistance within their own communities. Business owners and managers 
may attempt to comply and yet not be successful, or they may be 
reluctant to implement any kind of strategy for compliance.
    Studies show that business owners can comply with the ADA easily 
and reasonably if provided with adequate information and support. These 
projects are intended to use existing business and professional 
organizations to increase awareness of the ADA and the availability of 
ADA resources, and to engage members of local business communities in 
helping each other find practical, successful ways to comply with the 
ADA.
    Preference will be given to state-based organizations that 
demonstrate an established relationship with the business community 
across that particular State. Examples include, but are not limited to, 
state-based private, non-profit professional and trade organizations 
(e.g., a State association of small business owners, a State Chamber of 
Commerce, a statewide retail or hospitality association, etc.), or 
State government agencies that work with the business community (e.g., 
Departments of Resource and Economic Development, Small Business 
Development Centers, a State Bureau of Travel or Tourism, etc.).
    Applications will be considered only from organizations located 
within the state of the defined target audience. Applications submitted 
by organizations not meeting this requirement will not be considered.
    Proposed projects must work with established local business and 
professional organizations using their regularly scheduled meetings, 
local and regional ADA resources and individuals with ADA expertise, 
and ADA publications and materials available free from the Department 
of Justice to reach and educate small businesses, non-profit groups, 
and others who must comply with title III of the ADA.
    Project activities must be conducted in all regions of the State, 
reach a diverse representation of title III entities statewide, and 
represent a joint venture with organizations representing people with 
disabilities.
    It is not anticipated that projects funded under this priority will 
develop new technical assistance material. Projects must use existing 
ADA material developed by the Department, other Federal agencies, or 
grantees, and approved by the Department. Grantees may not use non-
approved material in conducting the project.
    Statewide projects to educate small businesses about the basic 
requirements of title III of the ADA shall include the following major 
components:

--Conduct ADA educational programs in all regions of the State, working 
with established local business and professional organizations using 
their regularly scheduled meetings. A minimum of 50 programs must be 
conducted in larger States and a minimum of 25 programs must be 
conducted in smaller States. Letters of commitment from groups such as 
Merchant Associations, Jaycees, Kiwanis, Lions, Rotary Clubs, or 
similar organizations to utilize their existing meetings to conduct the 
project must be included with the grant application (proposals not 
based on using the regularly scheduled meetings of these organizations 
will not be considered);
--Programs must provide: basic information on the requirements of title 
III of the ADA using approved technical assistance materials available 
from the Department of Justice, including the ``Open for Business'' 
videotape, the Americans with Disabilities Act Guide for Small 
Businesses (publication date: 7/96), the Checklist for Readily 
Achievable Barrier Removal, the ADA Questions and Answers booklet, the 
IRS Tax Credit form, etc.; a list of technical assistance resources 
available locally, within the State, and from the Federal government 
that participants may use to obtain technical assistance at a later 
time; and time for local businesses to discuss issues, share ideas, and 
identify practical, cost-effective solutions that they have used 
successfully to comply with the ADA. An outline of a model program (one 
to two hours in length) must be included with the grant application;
--Use local, State, and regional ADA resources and individuals 
knowledgeable about the ADA for

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assistance to conduct the educational programs. It is anticipated that 
speakers and presenters will voluntarily provide their services. Grant 
funds may be used to reimburse individual travel expenses, but may not 
be used to provide honoraria for speakers. Letters of cooperation or 
support from groups such as the regional Disability and Business 
Technical Assistance Center (DBTAC) or local DBTAC affiliates, 
Independent Living Centers, other organizations representing people 
with disabilities, or members of the ADA Training and Implementation 
Network must be included with the grant application;
--Develop a marketing pamphlet or flyer that can be easily tailored, 
reproduced, and used by local business groups hosting the programs;
--Ensure that businesses owned or operated by people who are members of 
racial and ethnic minority groups will be included within the audiences 
reached;
--In carrying out the project, the grant recipient must use existing 
ADA publications and materials reviewed by the Federal government that 
are available from the Department and other agencies.
--Provide a brief final report on the project, including an 
identification of the strengths and weaknesses of the project, the 
number and types of participants involved, examples of known positive 
changes that may have occurred as a result of the project, and 
suggestions for improvement for the Department.

    Priority 2: Statewide ADA information-sharing conferences for 
government officials.
    In the United States today, an estimated 86,000 units of State, 
county, and municipal governments are working to understand and meet 
their obligations under title II of the ADA. The ADA provides the 
general framework to eliminate discrimination against people with 
disabilities, but also the flexibility to address the unique 
circumstances encountered by State and local government programs and 
activities. While this allows State and local government officials with 
ADA compliance responsibilities to decide exactly how to comply, many 
may not know where to turn for accurate, practical information and 
assistance within their own communities and may be reluctant to take 
needed action.
    While many State and local governments have been successful in 
making their programs and activities accessible to people with 
disabilities, misinformation about the requirements of the ADA 
continues to exist, making voluntary compliance more confusing and 
burdensome for some than it need be. For example, many believe the ADA 
requires that all buildings must be accessible, when, in fact, the ADA 
actually requires that a public entity make its programs accessible to 
people with disabilities through means such as relocation of programs 
to an accessible location, structural modifications, or other 
alternatives. For those State and local government officials having the 
authority and the responsibility for developing and implementing ADA 
compliance strategies, access to information and other assistance is 
paramount if compliance efforts are to be successful. Yet, the 
significant resources that exist at the State and local level are often 
overlooked and underutilized, including other State and local 
governments that have already successfully resolved compliance issues.
    One of the Department's primary roles and responsibilities is to 
assist local communities, both small and large, to understand the ADA's 
requirements through education and technical assistance. To accomplish 
this, the Department will fund projects to conduct statewide ADA 
information-sharing conferences for State and local government 
officials. These conferences will provide information on the 
requirements of title II the ADA, the ADA resources available locally, 
regionally and from the Federal government, and promote the exchange of 
ideas and information on successful compliance efforts within the 
State.
    Proposed projects should target participants with decision making 
authority over programs that serve the public, particularly those with 
responsibility for ADA compliance activities. Preference will be given 
to State agencies or state-based organizations that demonstrate the 
existence of an established relationship with the target audience 
across that particular State. Examples include, but are not limited to, 
a State office on accessibility and ADA compliance, a State building 
code council, or state-based organizations that represent or work with 
local and State government officials such as a State municipal 
association, association of counties, association of cities or towns, 
council of mayors or city managers, etc.
    Applications will be considered only from organizations located 
within the state of the defined target audience. Applications submitted 
by organizations not meeting this requirement will not be considered.
    Proposed projects must bring State and local government officials 
from across the State together with individuals knowledgeable about the 
ADA from local, regional, and Federal sources, use approved ADA 
publications and materials available free from the Department or other 
sources, and provide a mechanism for the continuing exchange of 
information and ideas among the conference participants.
    The statewide conference must reach a diverse representation of 
title II entities statewide.
    It is not anticipated that projects funded under this priority will 
develop new technical assistance material. Projects must use existing 
ADA material developed by the Department, other Federal agencies, or 
grantees, and approved by the Department. Grantees may not use non-
approved material in conducting the project.
    Projects to conduct a statewide ADA information-sharing conferences 
for local and State government officials shall include the following 
major components:

--Working with State and local government agencies, officials, and 
employees, plan and promote the ADA conference to ensure representation 
from local and State agencies and programs from around the State. 
Letters of cooperation or support from such organizations must be 
included with the grant application;
--An outline plan for promoting the conference and its goals, including 
use of the media, must be included with the grant application;
--Identify and develop a list of local, State, regional, and Federal 
ADA resources that serve the State (e.g., regional DBTAC and local 
DBTAC affiliates, Centers for Independent Living, other organizations 
representing people with disabilities, members of the ADA Training and 
Implementation Network, local and State officials with ADA expertise, 
Federal ADA information lines, electronic bulletin boards, the ADA 
Information File in local libraries, etc.);
--Plan and conduct one statewide conference that will provide: 
information on the requirements of title II of the ADA specifically 
tailored to the needs of the targeted audience; information about 
technical assistance resources available locally, within the State, and 
from the Federal government; a variety of workshops or break-out 
sessions tailored to address specific issues and to enable

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participants to discuss issues, share ideas, and learn of practical, 
cost-effective solutions that have been used successfully to comply 
with the ADA; and a mechanism for the continuing exchange of 
information and ideas among the conference participants (such as 
distributing lists of ADA resources and the names and addresses of 
conference participants to all conference attendees). A detailed 
outline of the proposed agenda for the conference must be included with 
the grant application;
--In carrying out the conference, the grant recipient must use existing 
ADA publications and materials reviewed by the Federal government that 
are available from the Department and other agencies, and the local, 
State, regional, and Federal ADA resources that serve the State, as 
described above. Letters of cooperation or support from groups or 
individuals who will be participating as speakers must be included with 
the grant application;
--Provide a final report on the project, including an identification of 
the strengths and weaknesses of the project, the number and types of 
participants involved, examples of known positive changes that may have 
occurred as a result of the project, and suggestions for improvement 
for the Department.

Selection Criteria

    Applicants will be evaluated in each of the following four 
selection criteria areas for a total of 100 points:

Project Strategy and Plan of Action (50 Points)

    Applicants must demonstrate a thorough understanding of the grant 
proposal priority, including the background, intended audience, and 
intended approach. Applicants must be located within the State in which 
the project will be conducted and also demonstrate the ability to reach 
as diverse a segment of the target audience as possible in a cost-
efficient manner. Project goals and expected outcomes should be clearly 
articulated. Clarity, quality, and appropriateness of the plans, 
methodologies, and procedures to achieve the goals listed in the 
application will be carefully considered. Proposals should reflect the 
involvement of State and local business and government organizations 
with local, State, and regional organizations that provide ADA 
technical assistance and organizations that represent people with 
disabilities. Proposals must include letters of commitment as 
previously described under each program priority.
    The plan of action must be sound and well-reasoned, with evidence 
of the ability to implement the plan immediately and complete the 
project within the period of performance. Project strategy must include 
a plan for documenting known positive changes that may occur as a 
result of the project and for evaluating the strengths and weaknesses 
of the project, as previously described under each program priority.

Staff Capability (25 Points)

    Applicants must provide evidence of qualified personnel to 
undertake the project. The application must contain necessary position 
description(s), resume(s), and assurances of the timely availability of 
key staff (salaried or contract staff) with appropriate competencies 
and experience. Duties outlined for grant-funded position(s) must be 
clearly appropriate to the scope of the work being carried out under 
the project.

Organizational Capability and Management Plan (20 Points)

    Applicants must demonstrate the ability to reach and work 
effectively with the targeted audience and offer evidence of proven 
organizational ability to provide high quality results utilizing 
appropriate key personnel. Applications must include a management plan 
that provides evidence of project control by management, efficient and 
timely use of staff and other resources, and effective quality control 
mechanisms.

Resources/Facilities/Equipment (5 Points)

    Applicants must demonstrate the availability and appropriateness of 
resources (other than personnel), physical facilities, and equipment 
proposed to be used to carry out the project.

General Requirements for Grant Recipients

    The following general grant program requirements should be 
considered by each applicant in developing both its project timeline 
and budget. Successful applicants must adhere to all conditions as 
specified; any deviation from the requirements in this section must be 
negotiated with DOJ.
    Coordination with Other Agencies and Organizations. Grantees are 
expected to coordinate their project activities with the Department of 
Justice, and, where appropriate, with other Federally sponsored ADA 
technical assistance activities, such as the Department of Education's 
Disability and Business Technical Assistance Centers (DBTACs). Grantees 
must utilize existing technical assistance materials developed by the 
Department, its grantees, other Federal agencies and their grantees.
    Grantee Orientation and Post-Award Monitoring. The Department 
intends to provide grant recipients with the maximum amount of post-
award guidance and technical assistance possible within budget and 
staff constraints. Within approximately one month of the grant award, 
the Department will conduct a mandatory one-day orientation session on 
the ADA and grant management procedures. Each grant recipient will be 
invited to send one staff person to this session. Funds for travel to 
Washington, D.C. for this orientation session may be included in the 
proposed grant budget. Applicants are advised that DOJ staff may make 
periodic site visits to provide grant recipients with guidance and 
technical assistance and to monitor the progress of the grant. The 
Office of Justice Programs (OJP), a component of the Department of 
Justice, will provide financial management and other services in 
support of the Disability Rights Section in the administration of this 
program. Applicants are advised that copies of both the quarterly 
progress reports and quarterly financial reports sent to OJP must also 
be sent to the Disability Rights Section.
    DOJ Review of Grantee Materials. All materials used or developed by 
grant recipients must be approved by DOJ in advance of use. This 
includes all media releases, scripts, program outlines/agendas, and 
handouts. However, it is not anticipated that grant recipients will 
develop new technical assistance materials under these priorities.
    Availability of Existing Materials. Publications and resource lists 
that are currently available to the public from the Department of 
Justice (DOJ) will be provided, in bulk, to grant recipients free of 
charge, as resources permit. Grantees are not responsible for the 
duplication of DOJ materials. If an applicant wishes to use materials 
produced by previous DOJ grant recipients or recipients of grants from 
other Federal agencies, including the National Institute on Disability 
and Rehabilitation Research, it should coordinate such requests with 
DOJ.
    Copyrights. The grantor agency reserves a royalty-free, 
nonexclusive, and irrevocable license to reproduce, publish or 
otherwise use, and to authorize others to use, for Federal government 
purposes: (1) The copyright in any work developed under a grant,

[[Page 25749]]

subgrant, or contract under a grant or subgrant; and (2) any rights of 
copyright to which a grantee, subgrantee, or a contractor purchases 
ownership with grant support.
    Program Income. Grantee recipients may charge for grant-related 
activities and products (e.g., new materials developed and 
disseminated, conference registration fees), as long as all income 
derived from such activities and products is added to funds committed 
to the grant and its activities. Specifically, this program income 
(gross income earned by the grantee, during the funding period, as a 
direct result of the grant award or its activities) must be used ``to 
further the eligible project or program objectives'' or ``to finance 
the non-Federal share of the project or program'' (e.g., obtaining 
equipment or other assets required for the project). Program income may 
not be used to support or further a grantee's general organization, its 
programs or its services.
    Costs associated with the provision of refreshments may not be paid 
for with grant funds. It is anticipated that speakers and presenters 
will voluntarily provide their services. Grant funds may be used to 
reimburse individual travel and accommodation expenses, but may not be 
used to provide honoraria for speakers. Fees charged by grantees (if 
any) must be nominal and there shall be no charge for materials 
provided to audience participants.
    Alternate Formats (Print and Audiovisual). All materials produced 
in standard print must also be produced in large print, in Braille, and 
on audiotape in proportion to anticipated demand by persons with vision 
impairments in the targeted population(s). Audiotapes of lengthy 
materials must be voice- or tone-indexed.
    Effective Communication and Accessibility Requirements. Applicants 
who plan to list a voice telephone number on correspondence or 
promotional materials concerning the grant activities, or on materials 
produced under the grant, must also list a telephone number for TTY 
users. Applicants who plan to use an automated telephone information 
system to respond to voice calls concerning grant activities must 
provide comparable service for TTY users. The cost of establishing an 
automated TTY information system or purchasing a TTY may not be 
included in the proposed project budget.
    All grant activities must be held in accessible facilities. All 
programs must be accessible to attendees with communication 
disabilities.
    Materials to be Provided to DOJ. Twenty-five (25) copies of each 
media release, marketing flyer, or other materials developed to promote 
the project must be provided to DOJ.
    If grant project activities are videotaped, one copy must be 
submitted to DOJ. If videotapes are intended for commercial use, all 
must be captioned.
    A copy of the final text of each document or videotape script 
produced must be provided to DOJ on computer disk in ASCII or 
Wordperfect.

Application Requirements

    Under Section 506(d) of the Americans with Disabilities Act, the 
Department is authorized to award grants to individuals and non-profit 
organizations to supplement its ADA technical assistance efforts. All 
applicants must submit, in the order given, one bound original and two 
unbound copies of the following information:
    1. A signed SF 424 and SF 424A (Rev. 4/88) application form and a 
signed Form 4000/3 (Assurances--Attachment to SF-424). The grant 
priority number under which the applicant is submitting the proposal 
must be clearly identified in box number 11 on form SF 424.
    2. A one-page Abstract that summarizes the goals of the project, 
the nature and size of the population(s) to be reached through the 
project, and the project strategy. Applicants should state explicitly 
the number of people expected to be served in the course of the 
project's activities.
    3. A Project Strategy and Plan of Action (maximum length 15 pages) 
that:

--Addresses each major component identified in the program priority for 
which applicant is applying;
--Describes major activities and events;
--Provides a description of the applicant's plan for working with other 
local, State, regional, and Federal ADA resources; and
--Provides a plan for evaluating the effectiveness of the project, as 
described under the program priorities.

    4. A Management Plan that includes a timeline for completion of all 
project objectives, activities, events, and products.
    5. A Budget Narrative required by the SF 424 (Rev. 4/88), which 
includes the basis for all costs presented in the budget.
    6. A brief statement identifying the facilities, equipment, and 
other resources available for carrying out the project.
    7. Job description(s) for key position(s) that are proposed to be 
funded under the grant.
    8. Resume(s) or qualification(s) of the key individual(s) who will 
fill the grant position(s), including consultants, if any (maximum 
length 3 pages each).
    9. Letters of commitment from organizations and/or individuals that 
will be involved in the project. (Letters of reference are not required 
and, if submitted, will not be considered.)
    10. A signed certification regarding lobbying, debarment, 
suspension, other responsibility matters, and drug-free workplace 
requirements, OJP Form 4061/6.
    11. A disclosure of lobbying activities, SF LLL.

    (Please Note: Non-profit applicants who have not previously 
received Federal financial assistance from the Department of Justice 
may also be required to submit a disclosure of financial capability 
statement or other documentation prior to the grant award.)

    Dated: May 16, 1996.
Deval L. Patrick,
Assistant Attorney General, Civil Rights Division.
[FR Doc. 96-12779 Filed 5-21-96; 8:45 am]
BILLING CODE 4410-01-P