OCT 26 1992 The Honorable Sandra Swift Parrino Chairperson National Council on Disability 800 Independence Avenue, S.W.

Suite 814 Washington, D.C. 20591 Dear Sandy: I am responding to your recent letter asking about our strategies and funding for Americans with Disabilities Act (ADA) enforcement efforts in the next fiscal year. The Civil Rights Division will devote extensive resources to ADA compliance activities in this fiscal year. Fortunately, during fiscal year 1992 we were able to secure staffing increases for our ADA complaint resolution efforts. Following is a survey of our staff resources available for processing complaints by Section. 1) Our newly created Public Access Section (formerly the Office on the Americans with Disabilities Act) investigates title III complaints against public accommodations and commercial facilities. Since the January 26, 1992, effective date, the Public Access Section has received 545 complaints alleging violations of title III. We currently have 10 staff attorneys and one paralegal involved in processing these title III complaints. Nine of the attorney positions and the one paralegal position were filled after June 1, 1992. 2) Our Coordination and Review Section handles all title II complaints against State or local governments involving programs, services, or regulatory activities relating to law enforcement, public safety, and the administration of justice. cc: Records; Chrono; Wodatch; Breen; Willis; FOIA; MAF. :net:ss63:udd:willis:letter.dunne.parrino 01-01648​ -2Since the January 26, 1992, effective date, the Coordination and Review Section has received 304 title II complaints falling within its subject matter jurisdiction. We currently have 8

staff attorneys and 5 staff investigators involved in processing these title II complaints. 3) Our Employment Litigation Section handles all title I complaints against State or local governments that are referred to us by the Equal Employment Opportunity Commission after that agency has made a determination that there is reasonable cause to believe that a violation of title I has occurred and after its efforts to conciliate the matter have proven unsuccessful. This Section also has independent authority to bring "pattern or practice" suits. With title I only taking effect on July 26, 1992, the Employment Litigation Section has focused its efforts on three ADA investigations that it has initiated under its pattern or practice authority. No additional staffing has been provided for these efforts. Our technical assistance program, which is the responsibility of the Public Access Section, plays a crucial role in our efforts to promote ADA compliance and minimize the need for complaints and litigation. The Section will continue its public outreach, education, and technical assistance activities to raise public awareness of the ADA's requirements. These activities include: * * Operating a speakers bureau that has provided expert speakers to more than 150 conferences and seminars nationwide, reaching over 19,000 individuals; Distributing copies of the title II and title III rules, technical assistance manuals, and other ADA reference materials to as wide an audience as possible. Over 1.75 million documents have been sent; Staffing a telephone information line that receives nearly 3,000 inquiries per week from the public about the Department's title II and title III rules; Issuing technical assistance letters to clarify certain provisions in the title II or title III rules; and Awarding grants to selected business and disability rights organizations to promote voluntary compliance with titles II and III. Nineteen grants have been awarded thus far totaling $3.4 million.

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For fiscal year 1993, Congress has appropriated $4.5 million for technical assistance activities. We anticipate that a substantial portion of this sum will be spent on new grants. The remainder will be used to support our ongoing technical assistance efforts.

01-01649​ -3We believe that with the resources at our disposal, we can mount a credible enforcement program. The highly dedicated professionals of the Civil Rights Division have a long track record of producing results even under the most difficult circumstances. If our complaint load continues to increase at the current rate, however, we may at some point need additional resources. We believe that ADA Watch has an important role to play in ensuring the effective implementation of the ADA by Federal agencies. If we can be of further assistance to you in this effort, please let me know. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division 01-01650​National Council on Disability 800 Independence Avenue, S.W. Suite 814 Washington, DC 20591 202-267-3846 voice 202-267-3232 TDD An Independent Federal Agency September 16, 1992 Mr. John R. Dunne Assistant Attorney General Civil Rights Division Department of Justice Tenth Street & Constitution Ave., NW Room 5643 Washington, DC 20530 Dear John: On behalf of the members of the National Council on Disability (NCD), I am writing to ask you to inform us about your strategies

and plans to provide adequate funding, within the confines of budgetary constraints, for effective compliant resolution under the Americans with Disabilities Act (ADA) for the next fiscal year. I am writing to all of the agencies which enforce the ADA in order to request this information. As you may know, NCD is very concerned about the adequate implementation of the ADA. As you may also know, we have initiated an ADA Watch program to gather information about the implementation of the Act. We know that several federal agencies have not received sufficient funds to effectively implement the titles of the Act for which they are responsible. NCD stands ready to act as an advocate to help make your case to Congress and the Administration for increased funding in order to fully implement the Americans with Disabilities Act. Thank you for your help in this matter. I look forward to hearing from you and to working with you in the future. Sincerely, Sandra Swift Parrino Chairperson 01-01651