Americans With Disabilities Act Technical Assistance Program (16.108)
Program
16.108 Americans With Disabilities Act Technical Assistance Program
Federal Agency
CIVIL RIGHTS DIVISION, DEPARTMENT OF JUSTICE
Authorization
Americans with Disabilities Act, Public Law 101-336, Section 506.
Program Number
16.108
Last Known Status
Active
Objectives
To ensure that public accommodations and commercial facilities and State and local governments learn of the requirements of Titles II and III of the Americans with Disabilities Act (ADA) and acquire the knowledge needed to comply voluntarily with these requirements.
Types of Assistance
Dissemination of Technical Information; Training; Investigation of Complaints; Project Grants.
Uses and Use Restrictions
Grants limited to the provision of technical assistance and educational activities that have a wide impact, including the development and dissemination of materials, the conduct of seminars, conferences, and training, and the provision of technical assistance on a state, regional or national basis depending on the funding priorities announced each year. 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. The program does not provide funding to help people with disabilities become more productive or acquire services they need because of their disability.
Eligibility Requirements
Applicant Eligibility
Nonprofit 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 governments agencies, national and State-based organizations representing persons with disabilities, and individuals.
Beneficiary Eligibility
The target audiences of funded grants will include State and local governments, businesses and nonprofit organizations that operate public accommodations and commercial facilities, and individuals who want information about their rights or responsibilities under the ADA.
Credentials/Documentation
Not applicable.
Application and Award Process
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
When funds are available, a notice of solicitation of grant applications is published in Federal Register. Applications are typically submitted in 45 to 60 days prior to award. Solicitation requires that the following forms be submitted with the application: SF 424 and 424A Application for Federal Assistance; Office of Justice Programs (OJP) Form 4000-3 (attached to SF 424); OJP Form 4061/6 (3-91); certifications regarding lobbying, debarment, suspension, and other responsibility matters; and Drug-Free Workplace Requirement; OJP Form 7120/1 (1/85), Accounting System and Financial Capability Questionnaire.
Award Procedure
Final award decisions are made by the Assistant Attorney General, Civil Rights Division. Civil Rights Division Program personnel receive and review proposals and make recommendations to the Assistant Attorney General. All grants are made directly to applicants. No State Plan required.
Deadlines
Variable. Announced in the solicitation published in the Federal Register.
Range of Approval/Disapproval Time
Appeals
None.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Normally 12 months. Release by Letter of Credit and as required.
Post Assistance Requirements
Reports
Quarterly financial (SF 269A (Rev. 4/88)) and program (OJP 4587/1 (Rev. 2/90)) reports.
Audits
Grants may be audited by the Office of Justice Programs using standard audit procedure mandated by GAO.
Records
Organization financial audits for each calendar year in which grant was effective.
Program Accomplishments
Recent accomplishments in enforcing the Americans with Disabilities Act include obtaining a consent decree against the Law School Admissions Council with respect to discrimination in the administration of the law school admissions test; remedying violations of Title III's accessibility requirements by two national restaurant chains; and continuing intensive litigation against chains of theaters, challenging the design of their stadium-style theaters. The Section for the first time this year filed objections as amicus about inadequate settlement agreements in class-action litigation. As a result, proposed agreements in three nationwide and broad-reaching actions were re-noticed and/or renegotiated, resulting in more expansive and more specific relief. The Department intervened in a number of lawsuits to defend the constitutionality of Title II suits against States for monetary damages and filed amicus briefs arguing that private plaintiffs can pursue actions in particular circumstances. Formal settlement agreements were secured under Project Civic Access to ensure that the local government programs of 12 communities were accessible to a broad range of people with disabilities, bringing the number of agreements reached under this initiative to 52; to ensure that the nation's largest door-to-door airport shuttle company provides the same level of service to wheelchair users as it provides to the general public; and to redress discrimination by a state agency that fired an individual with severe depression after failing to grant her the reasonable accommodation of additional leave without pay that she needed to stabilize her condition. Much of the Department's enforcement effort focuses on resolution without litigation or formal agreements. For example, under a contract the Department refers complaints to professional mediators who have been trained in the legal requirements of the ADA. This has resulted in many mediated agreements. The Department's successful enforcement and educational efforts are detailed in quarterly reports published by the Section and available online. The Technical Assistance Program, mandated under Section 506 of the ADA, provides answers to questions and free publications to businesses, state and local governments, people with disabilities, and the general public. The Section's toll-free ADA Information Line received 120,000 calls in FY 2002. The Section develops and disseminates free ADA publications, provides training and information at meetings nationwide, and carries out a variety of outreach and educational initiatives to reach audiences affected by the ADA. The Section's technical assistance publications range from detailed technical assistance manuals to basic Question-and- Answer booklets and illustrated guides addressing specific topics. Publications can be obtained 24 hours a day through a free fax-on-demand service or through the Section's ADA Website. Almost one million people visited this website in FY 2002, making it one of the top five sites at the Department of Justice. The Section also chairs an ADA Technical Assistance Coordinating Committee and works with other agencies to coordinate technical assistance activities nationwide. In 2002, the Section developed eight new publications including three ADA Business Briefs addressing the issues of service animals, service at gas pumps, and parking lots. This is a new series of publications for businesses designed to be easily printed from the web for distribution to employees or contractors. The Section also created a new page on its ADA Website to provide easy access to these and other materials of interest to businesses. These efforts are part of a larger initiative called ADA Business Connection that seeks to improve access to goods and services and increase employment of people with disabilities by fostering increased understanding of ADA requirements within the business community and increased dialogue and cooperation between the business and disability communities. The Section also published an article about the ADA-related tax credits and deductions in an IRS newsletter that reached seven million businesses nationwide. As part of its outreach to rural and minority populations, the Section answered ADA questions and distributed information at meetings of the National Council of La Raza, National Association for the Advancement of Colored People, League of United Latin American Citizens, National Urban League, Montana State Fair, and the Eastern States Expo.
Financial Information
Account Identification
15-0128-0-1-752.
Obligations
(Grants) FY 02 $12,206; FY 03 $125,000; and FY 04 est $0. (Salaries and Expenses) FY 02 $15,590,000; FY 03 est $15,806,000; and FY 04 $16,183,000.
Range and Average of Financial Assistance
Not available.
Regulations, Guidelines and Literature
Notice of solicitation of grant applications, Federal Register 25980-25983, June 5, 1991. Notice of solicitation of grant applications, Federal Register 13797-13208, March 15, 1993, and Federal Register 15523, March 23, 1993. Notice of solicitation of grant applications, Federal Register 29160-29168, June 3, 1994. Notice of solicitation of grant applications, Federal Register 28484-28489, May 31, 1995. Notice of solicitation of grant applications, Federal Register 25744-25749, May 22, 1996.
Related Programs
None.
Information Contacts
Regional or Local Office
None.
Headquarters Office
Department of Justice, Civil Rights Division, Disability Rights Section, Washington, DC 20530. Telephone: (800) 514- 0301 (Voice) (800) 514-0383 (TDD). Contact: Office of Public Affairs, Telephone: (Voice) (202) 514-2007; (TDD) (202) 514-1888.
Web Site Address
Examples of Funded Projects
The Police Executive Research Forum was awarded funding to create a set of materials on protecting the rights of persons with seizure disorders, speech and hearing impairments, mental retardation, and mental illness, to be integrated into police academy training and others for use in on-the-job roll-call training. The Chief Officers of State Library Agencies was awarded funding to place a collection of ADA material in 15,000 local libraries nationwide. The National Association of Towns and Township was awarded funding to produce ADA training materials to assist regional and State ADA technical assistance providers in educating officials from small towns across the country on how to comply with the ADA. The American Association of Retired Persons was awarded funding to create materials and conduct training sessions throughout the country to educate older persons with disabilities about their rights under the ADA. In 1995 and 1996, the Program funded state based grant projects to increase knowledge about the requirements of the ADA and awareness of resources available locally and at the State, regional, and national levels.
Criteria for Selecting Proposals
Criteria for selection of projects published in the solicitation of application.
