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

-2-

There 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