Americans With Disabilities Act Technical Assistance Program
Published on AidPage by IDILOGIC
on Jun 24, 2005
Purpose of this program:
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.
Possible 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.
Who is eligible to apply...
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.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
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.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
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.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
Variable. Announced in the solicitation published in the Federal Register.
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
The range is 60-120 days.
None. This program is excluded from coverage under E.O. 12372.
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
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.
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
The funding, for fixed or known periods, of specific projects. Project grants can include fellowships, scholarships, research grants, training grants, traineeships, experimental and demonstration grants, evaluation grants, planning grants, technical assistance grants, survey grants, and construction grants.
Dissemination of Technical Information
Programs which provide for the publication and distribution of information or data of a specialized or technical nature frequently through clearinghouses or libraries. This does not include conventional public information services designed for general public consumption.
Programs which provide instructional activities conducted directly by a Federal agency for individuals not employed by the Federal government.
Investigation of Complaints
Federal administrative agency activities that are initiated in response to requests, either formal or informal, to examine or investigate claims of violations of Federal statutes, policies, or procedure. The origination of such claims must come from outside the Federal government.
How much financial aid...
Range and Average of Financial Assistance
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
(Grants) FY 03 $125,000; FY 04 est $0; and FY 05 est $0. (Salaries and Expenses) FY 03 $15,907,000; FY 04 est $16,077,000; and FY 05 est $16,016,000.
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
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.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
Recent accomplishments in enforcing the Americans with Disabilities Act include obtaining a consent decree against AMC Entertainment, Inc., resolving accessibility problems in newly constructed AMC stadium-style movie theaters not related to the provision of comparable lines of sight; and remedying Title III violations by Top China Buffet, a restaurant that refused to permit a patron to enter with a service animal. The Department intervened in a number of lawsuits to defend the constitutionality of Title II suits against States and filed amicus briefs arguing that private plaintiffs can pursue actions in particular circumstances, and defended an employer's neutral policy of refusing to rehire former employees who have lost their jobs because of illegal drug use, because the policy was applied in a non-discriminatory manner to all discharged employees regardless of the type of misconduct that was the basis for the discharge and regardless of whether the former employee had a disability. Formal settlement agreements were secured under Project Civic Access to ensure that the local government programs of 17 communities were accessible to a broad range of people with disabilities, bringing the number of agreements reached under this initiative to 69. Other significant settlement agreements have addressed the obligation of the State of Connecticut Superior court to provide appropriate auxiliary aids and services, including qualified sign language and oral interpreters, where necessary to ensure effective communication with individuals with disabilities and the obligation of a chain of 48 convenience stores to improve accessibility by removing barriers to access at entrances and restrooms in stores that were existing before the ADA. 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 2003. 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. This web site, one of the top five in the Department, received 25 million visits to its pages and graphics in FY 2003. The Section also chairs an ADA Technical Assistance Coordinating Committee and works with other agencies to coordinate technical assistance activities nationwide. In 2003, the Section developed three new publications, a new video, a new CD-ROM, and electronic versions of the Guide to Disability Rights Laws in eight languages (Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Tagalog, and Vietnamese). 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 and other groups affected by the ADA, the Section answered ADA questions and distributed information at the State Fairs of Florida and West Virginia, at
Criteria for selecting proposals...
Criteria for selection of projects published in the solicitation of application.
Length and Time Phasing of Assistance
Normally 12 months. Release by Letter of Credit and as required.
Formula and Matching Requirements
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
Quarterly financial (SF 269A (Rev. 4/88)) and program (OJP 4587/1 (Rev. 2/90)) reports.
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
Grants may be audited by the Office of Justice Programs using standard audit procedure mandated by GAO.
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
Organization financial audits for each calendar year in which grant was effective.
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Americans with Disabilities Act, Public Law 101-336, Section 506.
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
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.