T. 2/15/94
SBO:NM:ca
DJ 204-17M-0   
                                                           MAR 15 1994






The Honorable Tillie K. Fowler
U.S. House of Representatives
413 Cannon Building
Washington, D. C. 20515-0904

Dear Congresswoman Fowler:

     This is in response to your letter on behalf of your
constituent, Ms. Sharon L. Hartsell, who is concerned about the
costs of complying with the Americans with Disabilities Act
of 1990 (ADA).

     Title II of the Americans with Disabilities Act (ADA)
prohibits discrimination on the basis of disability in State and
local government services. This prohibition includes a
requirement that all State and local government programs,
including schools, be made accessible. For existing facilities,
however, every building does not necessarily have to be made
accessible if all of the programs located inside that building
can be made accessible by alternative means, such as relocating
them to an accessible ground floor. (28 CFR  35.150).
Structural modifications are required only if no other means are
available to make the program accessible. Moreover, existing
facilities do not have to be retrofitted to comply with the ADA
Accessibility standards, which apply only to new construction and
alterations. Thus, for example, if the current water fountains
are usable by individuals in wheelchairs, provision of water
fountains at two heights (as is required for new construction and
alterations) would not be mandated.

     Furthermore, section 35.150(a)(3) of the title II regulation
states that a public entity is not required to take an action
that it can demonstrate would result in undue financial and
administrative burdens. The Department of Justice's title II


cc: Records CRS Chrono MAF Milton.congress.exitfac.fow
    McDowney FOIA





01-02957

                               - 2 -

regulation and technical assistance manual give further
information regarding the ADA's requirements.  Copies of that
regulation and manual are enclosed.

     Finally, while there are no Federal funds specifically
available for the purpose of complying with the ADA, the
Department of Housing and Urban Development makes community
development block grants available to communities in need of
funds for a number of reasons, one of which is to provide
accessibility for disabled individuals.  Requests for grants
may be sent to:  Andrew Cuomo, Assistant Secretary, Office of
Community Planning and Development, Department of Housing and
Urban Development, 451 7th Street, S.W., Room 7100, Washington,
D.C. 20410.

     I hope this information assists you in responding to your
constituent.

                             Sincerely,




                          James P. Turner
                 Acting Assistant Attorney General
                       Civil Rights Division

Enclosures (2)

01-02958