JUL 22 1992 The Honorable Leon E. Panetta Member, U. S. House of Representatives 380 Alvarado Street Monterey, California 93940 Attention: Ken Christoper Dear Congressman Panetta: This is in response to your letter requesting information on behalf of Ms. Christine Dowd concerning the applicability of the Americans with Disabilities Act (ADA) to banks. 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 your constituent in understanding the ADA's requirements. It does not, however, constitute a legal interpretation and it is not binding on the Department. As a place of public accommodation, banks are required to have nondiscriminatory policies and procedures, to make reasonable modifications in their policies, practices, and procedures to avoid discrimination against persons with disabilities, provide effective communication with persons with disabilities, and to remove architectural barriers in existing facilities where it is readily achievable to do so. These requirements are set forth in Subparts B and C of the enclosed title III regulations, at pages 35595 to 35599. The ADA imposes further accessibility requirements for new construction or alterations to existing facilities. For this purpose, the title III regulations adopt the ADA Accessibility Guidelines promulgated by the Architectural and Transportation Compliance Board (Access Board). There is a specific provision for Automated Teller Machines (ATM's) in section 4.34 of the Accessibility Guidelines. However, the Access Board has recently decided to reopen the issue of ATM accessibility for public comment through a notice in the Federal Register and has held a cc: Records, Chrono, Wodatch, McDowney, Magagna, Nakata, Library, FOIA Udd:Nakata:Congress.letters.Panetta.1 01-01046 - 2 - public hearing on this matter. While the changes to the rule are under consideration, section 4.34 remains in effect. However, the regulations specifically permit covered entities to use designs and technologies other than those specified in the regulations if they provide substantially equivalent or greater access to and usability of the facility. Such departures are permitted by the "equivalent facilitation" provision in section 2.2 of the Accessibility Guidelines. Subpart D of the title III regulations includes requirements for new construction and alterations of places of public accommodations at pages 35599 to 35602. The Accessibility Guidelines begin on page 35605. Section 4.34 dealing with ATM requirements is at page 35664 and section 2.2 dealing with equivalent facilitation is at page 35607. Also enclosed is the Department's Title III Technical Assistance Manual, which may provide further assistance to your constituent. I hope this information will be useful to you in responding to your constituent. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2) 01-01047 Congress of the United States House of Representatives Washington, DC 20515 June 19, 1992 TO: Assistant Attorney General Office of Legislative Affairs U.S. Department of Justice Washington, D.C. 20530 ENCLOSURE FROM: No enclosures. RE: Christine Dowd. Ms. Dowd would like a copy of the Americans with Disabilities Act and the regulations written to comply with the Act. She works for a bank, and would like in- formation about the requirements that must be met by financial institutions to comply with the ADA; making ATMs accessible, for example, or changes in teller windows to make them accessible. Would you please research this subject and reply to the questions which Ms. Dowd has brought to my attention? Thank you for your assistance. Thank you very much for your attention to this matter. Sincerely, LEON E. PANETTA Member of Congress PLEASE RESPOND TO ME AT: 380 Alvarado Street Monterey, California 93940 ATTENTION: Ken Christopher; (408) 429-1976 PRINTED ON RECYCLED PAPER 01-01048