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American's With Disabilities Act
PUBLIC LAW 101-336 JULY 26, 1990 104 STAT. 327

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Pamphlet about the Act (HTML)

 

One Hundred First Congress of the United States of America

At the Second Session, Begun and held at the City of Washington on Tuesday, the twenty-third day of January, one thousand nine hundred and ninety.

An Act: To establish a clear and comprehensive prohibition of discrimination on the basis of disability.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS
42 USC 12101 note.
(a) Short Title. This Act may be cited as the Americans with Disabilities Act of 1990.
(b) Table of Contents. The table of contents is as follows:

TITLE I EMPLOYMENT
Sec. 101 Definitions
Sec. 102 Discrimination
Sec. 103 Defenses
Sec. 104 Illegal use of drugs and alcohol
Sec. 105 Posting notices
Sec. 106 Regulations
Sec. 107 Enforcement
Sec. 108 Effective date

TITLE II PUBLIC SERVICES
(Subtitle A: A Prohibition Against Discrimination and Other Generally Applicable Provisions)
Sec. 201 Definitions
Sec. 202 Discrimination
Sec. 203 Enforcement
Sec. 204 Regulations
Sec. 205 Effective date
(Subtitle B Actions Applicable to Public Transportation
Provided by Public Entities Considered Discriminatory)
Part I Public Transportation Other Than by Aircraft or Certain Rail Operations
Sec. 221 Definitions
Sec. 222 Public entities operating fixed route systems
Sec. 223 Paratransit as a complement to fixed route service
Sec. 224 Public entity operating a demand responsive system
Sec. 225 Temporary relief where lifts are unavailable
Sec. 226 New facilities
Sec. 227 Alterations of existing facilities
Sec. 228 Public transportation programs and activities in existing facilities and one car pertrain rule
Sec. 229 Regulations
Sec. 230 Interim accessibility requirements
Sec. 231 Effective date
Part II Public Transportation by Intercity and Commuter Rail
Sec. 241 Definitions
Sec. 242 Intercity and commuter rail actions considered discriminatory
Sec. 243 Conformance of accessibility standards
Sec. 244 Regulations
Sec. 245 Interim accessibility requirements
Sec. 246 Effective date

TITLE III PUBLIC ACCOMMODATIONS AND SERVICES
OPERATED BY PRIVATE ENTITIES
Sec. 301 Definitions
Sec. 302 Prohibition of discrimination by public accommodations
Sec. 303 New construction and alterations in public accommodations and commercial facilities
Sec. 304 Prohibition of discrimination in specified public transportation services provided byprivate entities
Sec. 305 Study
Sec. 306 Regulations
Sec. 307 Exemptions for private clubs and religious organizations
Sec. 308 Enforcement
Sec. 309 Examinations and courses
Sec. 310 Effective date

TITLE IV TELECOMMUNICATIONS
Sec. 401 Telecommunications relay services for hearing-impaired and speech-impaired individuals
Sec. 402 Closed-captioning of public service announcements

TITLE V MISCELLANEOUS PROVISIONS
Sec. 501 Construction
Sec. 502 State immunity
Sec. 503 Prohibition against retaliation and coercion
Sec. 504 Regulations by the Architectural and Transporttion Barriers Compliance Board
Sec. 505 Attorneys fees
Sec. 506 Technical assistance
Sec. 507 Federal wilderness areas
Sec. 508 Transvestites
Sec. 509 Coverage of Congress and the agencies of the legislative branch
Sec. 510 Illegal use of drugs
Sec. 511 Definitions
Sec. 512 Amendments to the Rehabilitation Act
Sec. 513 Alternative means of dispute resolution
Sec. 514 Severability


SEC. 2. FINDINGS AND PURPOSES
42 USC 12101
(a) Findings. The Congress finds that

(b) Purpose. It is the purpose of this Act


SEC. 3. DEFINITIONS
42 USC 12102
As used in this Act:

(1) Auxiliary aids and services. The term auxiliary aids and services includes

(2) Disability. The term disability means, with respect to an individual

(3) State. The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.


TITLE I EMPLOYMENT

SEC. 101. DEFINITIONS
42 USC 12111

As used in this title:

(1) Commission. The term Commission means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights Act of 1964 (42 USC 2000e-4).

(2) Covered entity. The term covered entity means an employer, employment agency, labor organization, or joint labor-management committee.

(3) Direct threat. The term direct threat means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

(4) Employee. The term employee means an individual employed by an employer.

(5) Employer.

(6) Illegal use of drugs.

(7) Person, etc. The terms person, labor organization, employment agency, commerce, and industry affecting commerce , shall have the same meaning given such terms in section 701 of the Civil Rights Act of 1964 (42 USC 2000e).

(8) Qualified individual with a disability. The term qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individualholds or desires. For the purposes of this title, consideration shall be given to the employers judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

(9) Reasonable accommodation. The term reasonable accommodation may include

(10) Undue hardship.


SEC. 102. DISCRIMINATION
42 USC 12112

(a) General Rule. No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

(b) Construction. As used in subsection (a), the term discriminate includes

(c) Medical Examinations and Inquiries.


SEC. 103. DEFENSES
42 USC 12113

(a) In General. It may be a defense to a charge of discrimination under this Act that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this title.

(b) Qualification Standards. The term qualification standards may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

(c) Religious Entities.

(d) List of Infectious and Communicable Diseases.


SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL
42 USC 12114

(a) Qualified Individual With a Disability. For purposes of this title, the term qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

(b) Rules of Construction. Nothing in subsection (a) shall be construed to exclude as a qualified individual with a disability an individual who

(c) Authority of Covered Entity. A covered entity

(d) Drug Testing.

(e) Transportation Employees. Nothing in this title shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to


SEC. 105. POSTING NOTICES
42 USC 12115

Every employer, employment agency, labor organization, or joint labor-management committee covered under this title shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this Act, in the manner prescribed by section 711 of the Civil Rights Act of 1964 (42 USC 2000e-10).


SEC. 106. REGULATIONS
42 USC 12116

Not later than 1 year after the date of enactment of this Act, the Commission shall issue regulations in an accessible format to carry out this title in accordance with subchapter II of chapter 5 of title 5, United States Code.


SEC. 107. ENFORCEMENT
42 USC 12117

(a) Powers, Remedies, and Procedures. The powers, remedies, and procedures set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 USC 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be the powers, remedies, and procedures this title provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this Act, or regulations promulgated under section 106, concerning employment.

(b) Coordination. The agencies with enforcement authority for actions which allege employment discrimination under this title and under the Rehabilitation Act of 1973 shall develop procedures to ensure that administrative complaints filed under this title and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this title and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this title and Rehabilitation Act of 1973 not later than 18 months after the date of enactment of this Act.


SEC. 108. EFFECTIVE DATE
42 USC 12111

Note: This title shall become effective 24 months after the date of enactment.


TITLE II PUBLIC SERVICES
42 USC 12131

Subtitle A Prohibition Against Discrimination and Other Generally Applicable Provisions


SEC. 201. DEFINITION
42 USC 12115

As used in this title:


SEC. 202. DISCRIMINATION
42 USC 12132

Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.


SEC. 203. ENFORCEMENT
42 USC 12132

The remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 (29 USC 794a) shall be the remedies, procedures, and rights this title provides to any person alleging discrimination on the basis of disability in violation of section 202.


SEC. 204. REGULATIONS
42 USC 12134

(a) In General. Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations in an accessible format that implement this subtitle. Such regulations shall not include any matter within the scope of the authority of the Secretary of Transportation under section 223, 229, or 244.

(b) Relationship to Other Regulations. Except for program accessibility, existing facilities , and communications , regulations under subsection (a) shall be consistent with this Act and with the coordination regulations under part 41 of title 28, Code of Federal Regulations (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to recipients of Federal financial assistance under section 504 of the Rehabilitation Act of 1973 (29 USC 794).

With respect to program accessibility, existing facilities , and communications , such regulations shall be consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations, applicable to federally conducted activities under such section 504.

(c) Standards. Regulations under subsection (a) shall include standards applicable to facilities and vehicles covered by this subtitle, other than facilities, stations, rail passenger cars, and vehicles covered by subtitle B. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504(a) of this Act.


SEC. 205. EFFECTIVE DATE
42 USC 12131

Note.

(a) General Rule. Except as provided in subsection (b), this subtitle shall become effective 18 months after the date of enactment of this Act.

(b) Exception. Section 204 shall become effective on the date of enactment of this Act. Subtitle B Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory


PART I PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS
SEC. 221. DEFINITIONS

42 USC 12141

As used in this part:

(1) Demand responsive system. The term demand responsive system means any system of providing designated public transportation which is not a fixed route system.

(2) Designated public transportation. The term designated public transportation means transportation (other than public school transportation) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in section 241)) that provides the general public with general or special service (including charter service) on a regular and continuing basis.

(3) Fixed route system. The term fixed route system means a system of providing designated public transportation on which a vehicle is operated along a prescribed route according to a fixed schedule.

(4) Operates. The term operates , as used with respect to a fixed route system or demand responsive system, includes operation of such system by a person under a contractual or other arrangement or relationship with a public entity.

(5) Public school transportation. The term public school transportation means transportation by schoolbus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school-related activities.

(6) Secretary. The term Secretary means the Secretary of Transportation.


SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS
42 USC 12142

(a) Purchase and Lease of New Vehicles. It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilittion Act of 1973 (29 USC 794) for a public entity which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following the effective date of this subsection and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(b) Purchase and Lease of Used Vehicles. Subject to subsection (c)(1), it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 USC 794) for a public entity which operates a fixed route system to purchase or lease, after the 30th day following the effective date of this subsection, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(c) Remanufactured Vehicles.


SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE
42 USC 12143

(a) General Rule. It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 USC 794) for a public entity which operates a fixed route system (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system.

(b) Issuance of Regulations. Not later than 1 year after the effective date of this subsection, the Secretary shall issue fina regulations to carry out this section.

(c) Required Contents of Regulations.

(d) Review of Plan.

(e) Discrimination Defined. As used in subsection (a), the term discrimination includes

(f) Statutory Construction. Nothing in this section shall be construed as preventing a public entity


SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM
42 USC 12144

If a public entity operates a demand responsive system, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 USC 794), for such entity to purchase or lease a new vehicle for use on such system, for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such indviduals equivalent to the level of service such system provides to individuals without disabilities.


SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE
42 USC 12145

(a) Granting. With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 222(a) or 224 to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary

(b) Duration and Notice to Congress. Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.

(c) Fraudulent Application. If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall


SEC. 226. NEW FACILITIES
42 USC 12146

For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 USC 794), it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.


SEC. 227. ALTERATIONS OF EXISTING FACILITIES
42 USC 12147

(a) General Rule. With respect to alterations of an existing facility or part thereof used in the provision of designated public transportation services that affect or could affect the usability of the facility or part thereof, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 USC 794), for a public entity to fail to make such alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the completion of such alterations. Where the public entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).

(b) Special Rule for Stations.


SEC.228. PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXISTING FACILITIES AND ONE CAR PER TRAIN RULE
42 USC 12148

(a) Public Transportation Programs and Activities in Existing Facilities.

(b) One Car Per Train Rule.


SEC. 229. REGULATIONS
42 USC 12149

(a) In General. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part (other than section 223).

(b) Standards. The regulations issued under this section and section 223 shall include standards applicable to facilities and vehicles covered by this subtitle. The standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504 of this Act.


SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS
42 USC 12150

If final regulations have not been issued pursuant to section 229, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sections 226 and 227, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.


SEC. 231. EFFECTIVE DATE
42 USC 12141

Note.

(a) General Rule. Except as provided in subsection (b), this part shall become effective 18 months after the date of enactment of this Act.

(b) Exception. Sections 222, 223 (other than subsection (a)), 224, 225, 227(b), 228(b), and 229 shall become effective on the date of enactment of this Act.


PART II PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL
SEC. 241. DEFINITIONS

42 USC 12161

As used in this part:

(1) Commuter authority. The term commuter authority has the meaning given such term in section 103(8) of the Rail Passenger Service Act (45 USC 502(8)).

(2) Commuter rail transportation. The term commuter rail transportation has the meaning given the term commuter service in section 103(9) of the Rail Passenger Service Act (45 USC 502(9)).

(3) Intercity rail transportation. The term intercity rail transportation means transportation provided by the National Railroad Passenger Corporation.

(4) Rail passenger car. The term rail passenger car means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.

(5) Responsible person. The term responsible person means

(6) Station. The term station means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops.


SEC. 242.INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED DISCRIMINATORY
42 USC 12162

(a) Intercity Rail Transportation.

(b) Commuter Rail Transportation.

(c) Used Rail Cars. It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 USC 794) for a person to purchase or lease a used rail passenger car for use in intercity or commuter rail transportation, unless such person makes demonstrated good faith efforts to purchase or lease a used rail car that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244.

(d) Remanufactured Rail Cars.

(e) Stations


SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS
42 USC 12163

Accessibility standards included in regulations issued under this part shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under section 504(a) of this Act.


SEC. 244. REGULATIONS
42 USC 12164

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part.


SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS
42 USC 12165

(a) Stations. If final regulations have not been issued pursuant to section 244, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities as required under section 242(e), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.

(b) Rail Passenger Cars. If final regulations have not been issued pursuant to section 244, a person shall be considered to have complied with the requirements of section 242 (a) through (d) that a rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under section 504(a) of this Act) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent with this part and are in effect at the time such design is substantially completed.


SEC. 246 EFFECTIVE DATE
42 USC 12161 note

(a) General Rule. Except as provided in subsection (b), this part shall become effective 18 months after the date of enactment of this Act.

(b) Exception. Sections 242 and 244 shall become effective on the date of enactment of this Act.


TITLE III PUBLIC ACCOMMODATIONS AND SERVICES
OPERATED BY PRIVATE ENTITIES

SEC. 301. DEFINITIONS
42 USC 12181

As used in this title:

(1) Commerce. The term commerce means travel, trade, traffic, commerce, transportation, or communication

(2) Commercial facilities. The term commercial facilities means facilities

(3) Demand responsive system. The term demand responsive system means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.

(4) Fixed route system. The term fixed route system means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule.

(5) Over-the-road bus. The term over-the-road bus means a bus characterized by an elevated passenger deck located over a baggage compartment.

(6) Private entity. The term private entity means any entity other than a public entity (as defined in section 201(1)).

(7) Public accommodation. The following private entities are considered public accommodations for purposes of this title, if the operations of such entities affect commerce

(8) Rail and railroad. The terms rail and railroad have the meaning given the term railroad in section 202(e) of the Federal Railroad Safety Act of 1970 (45 USC 431(e)).

(9) Readily achievable. The term readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. In detemining whether an action is readily achievable, factors to be considered include

(10) Specified public transportation. The term specified public transportation means transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis.

(11) Vehicle. The term vehicle does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in section 242 or covered under this title.


SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODATIONS
42 USC 12182

(a) General Rule. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

(b) Construction


SEC. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES.
42 USC 12183

(a) Application of Term. Except as provided in subsection (b), as applied to public accommodations and commercial facilities, discrimination for purposes of section 302(a) includes

(b) Elevator. Subsection (a) shall not be construed to require the installation of an elevator for facilities that are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities.


SEC. 304 PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES
42 USC 12184

(a) General Rule. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.

(b) Construction. For purposes of subsection (a), discrimination includes

(c) Historical or Antiquated Cars.


SEC. 305 STUDY
42 USC 12185

(a) Purposes. The Office of Technology Assessment shall undertake a study to determine

(b) Contents. The study shall include, at a minimum, an analysis of the following:

(c) Advisory Committee. In conducting the study required by subsection (a), the Office of Technology Assessment shall establish an advisory committee, which shall consist of

(d) Deadline. The study required by subsection (a), along with recommendations by the Office of Technology Assessment, including any policy options for legislative action, shall be submitted to the President and Congress within 36 months after the date of the enactment of this Act. If the President determines that compliance with the regulations issued pursuant to section 306(a)(2)(B) on or before the applicable deadlines specified in section 306(a)(2)(B) will result in a significant reduction in intercity over-the-road bus service, the President shall extend each such deadline by 1 year.

(e) Review. In developing the study required by subsection (a), the Office of Technology Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 USC 792). The Board shall have an opportunity to comment on such draft study, and any such comments by the Board made in writing within 120 days after the Boards receipt of the draft study shall be incorporated as part of the final study required to be submitted under subsection (d).


SEC. 306 REGULATIONS
42 USC 12186

(a) Transportation Provisions

(b) Other Provisions. Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue regulations in an accessible format to carry out the provisions of this title not referred to in subsection (a) that include standards applicable to facilities and vehicles covered under section 302.

(c) Consistency With ATBCB Guidelines. Standards included in regulations issued under subsections (a) and (b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504 of this Act. (d) Interim Accessibility Standards.


SEC. 307 EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS ORGANIZATIONS
42 USC 12187

The provisions of this title shall not apply to private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964 (42 USC 2000-a(e)) or to religious organizations or entities controlled by religious organizations, including places of worship.


SEC. 308 ENFORCEMENT
42 USC 12188

(a) In General

(b) Enforcement by the Attorney General


SEC. 309 EXAMINATIONS AND COURSES
42 USC 12189

Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals.


SEC. 310 EFFECTIVE DATE
42 USC 12181

(a) General Rule. Except as provided in subsections (b) and (c), this title shall become effective 18 months after the date of the enactment of this Act.

(b) Civil Actions. Except for any civil action brought for a violation of section 303, no civil action shall be brought for any act or omission described in section 302 which occurs

(c) Exception. Sections 302(a) for purposes of section 302(b)(2) (B) and (C) only, 304(a) for purposes of section 304(b)(3) only, 304(b)(3), 305, and 306 shall take effect on the date of the enactment of this Act.


TITLE IV TELECOMMUNICATIONS

SEC. 401 TELECOMMUNICATIONS RELAY SERVICES FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS

(a) Telecommunications. Title II of the Communications Act of 1934 (47 USC 201 et seq.) is amended by adding at the end thereof the following new section:

(b) Conforming Amendments. The Communications Act of 1934 (47 USC 151 et seq.) is amended


SEC. 402. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS
Section 711 of the Communications Act of 1934 is amended to read as follows:


TITLE V MISCELLANEOUS PROVISIONS

SEC. 501 CONSTRUCTION
42 USC 12201

(a) In General. Except as otherwise provided in this Act, nothing in this Act shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 USC 790 et seq.) or the regulations issued by Federal agencies pursuant to such title.

(b) Relationship to Other Laws. Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this Act. Nothing in this Act shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by title I, in transportation covered by title II or III, or in places of public accommodation covered by title III.

(c) Insurance. Titles I through IV of this Act shall not be construed to prohibit or restrict

(d) Accommodations and Services. Nothing in this Act shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit which such individual chooses not to accept.


SEC. 502 STATE IMMUNITY
42 USC 12202

A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.


SEC. 503. PROHIBITION AGAINST RETALIATION AND COERCION
42 USC 12203

(a) Retaliation. No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act.

(b) Interference, Coercion, or Intimidation. It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act.

(c) Remedies and Procedures. The remedies and procedures available under sections 107, 203, and 308 of this Act shall be available toaggrieved persons for violations of subsections (a) and (b), with respect to title I, title II and title III, respectively.


SEC. 504. REGULATIONS BY THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
42 USC 12204

(a) Issuance of Guidelines. Not later than 9 months after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of titles II and III of this Act.

(b) Contents of Guidelines. The supplemental guidelines issued under subsection (a) shall establish additional requirements, consistent with this Act, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.

(c) Qualified Historic Properties


SEC. 505 ATTORNEYS FEES
42 USC 12205

In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorneys fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.


SEC. 506 TECHNICAL ASSISTANCE
42 USC 12206

(a) Plan for Assistance

(b) Agency and Public Assistance. The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a), including the National Council on Disability, the Presidents Committee on Employment of People with Disabilities, the Small Business Administration, and the Department of Commerce.

(c) Implementation.

(d) Grants and Contracts.

(e) Failure to Receive Assistance. An employer, public accommodation, or other entity covered under this Act shall not be excused from compliance with the requirements of this Act because of any failure to receive technical assistance under this section, including any failure in the development or dissemination of any technical assistance manual authorized by this section.


SEC. 507 FEDERAL WILDERNESS AREAS
42 USC 12207

(a) Study. The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act (16 USC 1131 et seq.).

(b) Submission of Report. Not later than 1 year after the enactment of this Act, the National Council on Disability shall submit the report required under subsection (a) to Congress.

(c) Specific Wilderness Access.


SEC. 508. TRANSVESTITES
42 USC 12208.
For the purposes of this Act, the term disabled or disability shall not apply to an individual solely because that individual is a transvestite.


SEC. 509 COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGISLATIVE BRANCH
42 USC 12209

(a) Coverage of the Senate.

(b) Coverage of the House of Representatives.

(c) Instrumentalities of Congress


SEC. 510 ILLEGAL USE OF DRUGS
42 USC 12210

(a) In General. For purposes of this Act, the term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

(b) Rules of Construction. Nothing in subsection (a) shall be construed to exclude as an individual with a disability an individual who

(c) Health and Other Services. Notwithstanding subsection (a) and section 511(b)(3), an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services.

(d) Definition of Illegal use of drugs.


SEC. 511 DEFINITIONS
42 USC 12211

(a) Homosexuality and Bisexuality. For purposes of the definition of disability in section 3(2), homosexuality and bisexuality are not impairments and as such are not disabilities under this Act.

(b) Certain Conditions. Under this Act, the term disability shall not include


SEC. 512 AMENDMENTS TO THE REHABILITATION ACT
42 USC 12115

(a) Definition of Handicapped Individual. Section 7(8) of the Rehabilitation Act of 1973 (29 USC 706(8)) is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following subparagraph:

(b) Definition of Illegal Drugs. Section 7 of the Rehabilitation Act of 1973 (29 USC 706) is amended by adding at the end the following new paragraph:

(c) Conforming Amendments. Section 7(8)(B) of the Rehabilitation Act of 1973 (29 USC 706(8)(B)) is amended (1) in the first sentence, by striking Subject to the second sentence of this subparagraph, and inserting Subject to subparagraphs (C) and (D), ; and (2) by striking the second sentence.


SEC. 513 ALTERNATIVE MEANS OF DISPUTE RESOLUTION
42 USC 12212

Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this Act.


SEC. 514 SEVERABILITY
42 USC 12213

Should any provision in this Act be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the Act, and such action shall not affect the enforceability of the remaining provisions of the Act.


Approved July 26, l990.