APR 3 1992         



T. 3/27/92
SBO:BM:hkb
DJ# 192-180-03475





The Honorable James L. Oberstar
Member, U.S. House of Representatives
231 Federal Building
Duluth, Minnesota 55802

Dear Congressman Oberstar:

        This letter is in response to your inquiry on behalf of your
constituent, xx    about the Americans with Disabilities
Act (ADA). Mr. xx asked about the obligations of
organizations to remove barriers in their facilities if they
receive public funds.

        From your inquiry, we infer that "public funds" means
Federal funds. Section 504 of the Rehabilitation Act of 1973, as
amended, applies to facilities that receive Federal funds.
Section 504 regulations require that physical barriers be removed
when necessary to make programs accessible. A copy of the
Department of Justice's section 504 regulation is enclosed.
Barrier removal is addressed in section 42.521.

        ADA coverage is not determined by whether an entity receives
public funds. Titles II and III of the ADA apply -- regardless
of the receipt of "public funds." Title II of the ADA applies to
all programs, activities, and services of State and local
governments whether or not they receive Federal funds. Title III
applies to places of public accommodation operated by private
entities, such as restaurants, places of lodgings, theaters,
doctors' offices and retail stores. Enclosed are copies of the
Department of Justice's regulations implementing titles II and
III of the ADA. Section 35.150 of the title II regulation

cc: Records; Oneglia; Wodatch; Kaltenborn; McDowney; hkb

- 2 -

(patterned after section 504) addresses barrier removal in
existing State and local government facilities. Section 36.304
of the title III regulation addresses barrier removal in existing
places of public accommodation.

        I hope that this information is useful to you.

                                        Sincerely,



                                        John R. Dunne
                                Assistant Attorney General
                                   Civil Rights Division

Enclosures (3)







































                                    February 7, 1992



Gerald Olsen
Assistant Secretary for Legislation
US Department of Health & Human Services
200 Independence Avenue, SW, Room 416 G
Washington, DC 20201

Dear Mr. Olsen:

        I have been contacted by XXX seeking information on
the new regulations resulting from the Americans with
Disabilities Act of 1990. He wishes to know what requirements
are incumbent on organizations which accept public funds to
remove barriers in their facilities.

        I would appreciate any information you can provide me on
these regulations in general and to this query specifically.

        Please send response to my Duluth District Office.

        Thank you for your help.

                                        Sincerely,



                                        James L. Oberstar, M.C.
JLO/df
                                      

                                                                       XXX