May 20 1994

5-19-94

DJ 202-PL-770

Mr. Alan Gugenheim
ISI Houston
ADA Compliance Specialists
5005 Riverway, Suite 160
Houston, TX 77056

Dear Mr. Gugenheim:

      This letter is in response to your inquiry about the
jurisdiction of the Department of Justice under the Americans
with Disabilities Act (ADA).  I apologize for the delay in our
response.

      The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act.  This letter provides informal
guidance to assist you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation or legal
advice, and it is not binding on the Department of Justice.

      Your letter inquires first about whether the Department's
authority extends to title III as well as title II.  The
Department is responsible for the implementation of both title II
and title III.  On July 26, 1991, the Department published
regulations implementing both titles.  Copies of these
regulations are enclosed for your information.

      You have also asked if the termination of Federal funds is
an available remedy under ADA.  Fund termination is not a remedy
that is available under the ADA; it is an available remedy under
section 504 of the Rehabilitation Act of 1973.  The Department's
regulation implementing title II recognizes that in some
situations, both title II and section 504 may be applicable to a
single complaint; therefore, the regulation provides that title
II complaints may be filed with any Federal agency that would
have jurisdiction under section 504.  An agency that has section
504 jurisdiction over a complaint will process that complaint
according to its procedures for enforcing section 504.

cc:  Records, Chrono, Wodatch, Blizard, Alfaro, FOIA, Friedlander
n:\udd\Alfaro\pol.L89

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      Finally, you asked how to file a complaint with the
Department of Justice.  In the case of a title II complaint, a
complaint must be filed in writing within 180 days of the alleged
act(s) of discrimination.   Complaints should be sent to:

                 Coordination and Review Section
                 P.O. Box 66118
                 Civil Rights Division
                 U.S. Department of Justice
                 Washington, D.C. 20035-6118

      In the case of a title III complaint, a complaint must be
filed in writing and sent to:

                 Public Access Section
                 Civil Rights Division
                 U.S. Department of Justice
                 P.O. Box 66738
                 Washington, D.C. 20035-9998


      I hope this information is useful to you in understanding
the requirements of the ADA.

                            Sincerely,


                           Janet L. Blizard
                          Public Access Section


Enclosures













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