OCT 27 1992


The Honorable Conrad Burns
United States Senator
2708 First Avenue North
Billings, Montana 59101
Attention: Kathy McLane


Dear Senator Burns:

        This letter responds to your inquiry of September 18, 1992,
requesting information about the applicability of the Americans
with Disabilities Act (ADA) to Federal agencies, enforcement of
the ADA, and distribution of ADA regulatory materials.

        The ADA does not apply to Federal agencies, but it does
apply to private and public entities as described below. Similar
Federal statutes which do apply to practices and facilities of
Federal agencies are the Rehabilitation Act of 1973 and the
Architectural Barriers Act.

        With regard to the ADA, it applies and is enforced as
follows: title I covers private employers and State and local
governments and is enforced by the Equal Employment Opportunity
Commission; title II applies to State and local governments and
agencies, and enforcement is coordinated by the Department of
Justice; title II also covers public transportation, and to that
extent is enforced by the Department of Transportation; title III
applies to public accommodations and commercial facilities and is
enforced by the Department of Justice; title IV relates to
telecommunications and is enforced by the Federal Communications
Commission.

cc: Records; Chrono; Wodatch; Breen; McDowney; FOIA; MAF.
    :udd:jonessandra:ada.burnsl

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                                - 2 -
        We have enclosed copies of the title II and III regulations
and technical assistance manuals published by the Department of
Justice. Regulatory materials promulgated by other enforcing
agencies are available directly from those agencies.

                                Sincerely,

                              John R. Dunne
                        Assistant Attorney General
                           Civil Rights Division

Enclosures (4)
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CONRAD BURNS                                      COMMITTEES:
  MONTANA                                    COMMERCE, SCIENCE, AND
                                                TRANSPORTATION 
                                             ENERGY AND NATURAL RESOURCE
                 United States Senate            SMALL BUSINESS
                 WASHINGTON, DC 20510-2603   SPECIAL COMMITTEE ON AGING
 
                                        September 18, 1992

John Wodatch, Director
Americans With Disabilities
Post Office Box 66738
Washington, DC 20035-9998

Dear Mr. Wodatch,

        My office has been contacted by a constituent with
concerns regarding the Americans With Disabilities Act
(ADA). This constituent requests the following
information:

        1) What agencies and federal departments, if
any, are exempt from complying with the ADA law?

        2) How are materials informing agencies about
new regulations distributed; such as by bulletin or
publication?

        3) What agency enforces the Americans With
Disabilities Act?

        Any information or help you can provide my staff to
enable us to assist in responding to our constituent will
be greatly appreciated. Please direct any correspondence
or questions regarding this inquiry to my office at:

                Senator Conrad Burns
                Attention: Kathy McLane
                2708 First Avenue North
                Billings, Montana 59101
                (406) 252-0550

        Thank you for your assistance in this matter. If
there is additional information you require, please feel
free to contact Kathy.

                                Sincerely,

                                Conrad Burns
                                United States Senator
CRB/klm
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