JUN 26 1992 T.

6/23/92 SBO:LMS:KGF DJ 192-180-08086 The Honorable Wally Herger Member, United States House of Representatives 2400 Washington Avenue, Suite 410 Redding, California 96001 Dear Congressman Herger: This letter responds to your recent inquiry on behalf of the Sasser Development Company, which seeks information on the enforcement and funding of the Americans With Disabilities Act (ADA). Under title III of the ADA, 42 U.S.C. SS12181-12189, which applies to places of public accommodation and commercial facilities, an individual can institute a private civil action for preventive relief. 42 U.S.C. S12188(a). The Department of Justice may commence a civil action in cases of general public importance or where a pattern or practice of discrimination is found. 42 U.S.C. S12188(b)(1)(B). Remedies in such cases include court orders to stop discrimination, civil penalties, and money damages. 42 U.S.C. S12188(b)(2). Individuals may file complaints with the Department of Justice by writing a letter to the Office on the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, P.O. Box 66738, Washington, D.C. 20035-9998. Under title II of the ADA, 42 U.S.C. SS12121-12134, which applies to State and local governments, an individual may file a private civil action for preventive relief. 42 U.S.C. S12132. Alternatively, an individual may file an administrative complaint with one of the eight agencies designated in the title II rule. Those agencies and their addresses are listed on pages 46-47 of the enclosed title II technical assistance manual. Agency findings of violations of title II may be enforced by the Department of Justice, which can commence a civil action. 42 U.S.C. S12123. Remedies include injunctions and damages, if applicable. Id.

cc: Records, CRS, FOIA, Friedlander 3, Breen, Stewart, McDowney :udd:stewart:herger.ltr 01-00962

-2There is no specific funding source designated for the Department of Justice to enforce the ADA. The Department receives funding through its congressional appropriations to enforce the ADA. We have enclosed the following publications to assist the Sasser Development Company in understanding the ADA's requirements: (1) Title II regulations; (2) Title II technical assistance manual; (3) Title III regulations; and (4) Title III technical assistance manual. I hope this information has been helpful to you. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (4)

01-00963

Congress of the United States House of Representatives Washington, DC 20515 May 4, 1992 John Collingwood Inspector-in-Charge Congressional Affairs Office Department of Justice Constitution Avenue and Tenth Street NW Washington, D.C. 20530 Dear John: I have been contacted to ascertain information regarding the implementation and enforcement of the Americans with Disabilities Act (ADA), as well as information regarding the funding source designated for the Department of Justice to enforce the Law. I have contacted the Congressional Research Service and their information packs do not include this information. Sasser Development Company, specifically has requested I try to locate the enforcement provisions because they provide consulting services for the physically challenged. Since Sasser advises

others they want their information to be accurate. I would appreciate you responding to my Redding office, noted above, any information available regarding enforcement and funding of the ADA. Thank you in advance for your assistance to this request. Sincerely, WALLY HERGER Member of Congress WH/pp enclosure cc: Sasser Development Company 01-00964