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:
- Sec. 1. Short title; table of contents.
- Sec. 2. Findings and purposes.
- Sec. 3. Definitions.
SEC. 2. FINDINGS AND PURPOSES
42 USC 12101
(a) Findings. The Congress finds that
- (1) some 43,000,000 Americans have one or more physical or mental disabilities,
and this number is increasing as the population as a whole is growing older;
- (2) historically, society has tended to isolate and segregate individuals
with disabilities, and, despite some improvements, such forms of discrimination
against individuals with disabilities continue to be a serious and pervasive
social problem;
- (3) discrimination against individuals with disabilities persists in such
critical areas as employment,housing, public accommodations, education, transportation,
communication, recreation, institutionalization, health services, voting,
and access to public services;
- (4) unlike individuals who have experienced discrimination on the basis
of race, color, sex, national origin, religion, or age, individuals who have
experienced discrimination on the basis of disability have often had no legal
recourse to redress such discrimination;
- (5) individuals with disabilities continually encounter various forms of
discrimination, including outright intentional exclusion, the discriminatory
effects of architectural, transportation, and communication barriers, overprotective
rules and policies, failure to make modifications to existing facilities and
practices, exclusionary qualification standards and criteria, segregation,
and relegation to lesser services, programs, activities, benefits, jobs, or
other opportunities;
- (6) census data, national polls, and other studies have documented that
people with disabilities, as a group, occupy an inferior status in our society,
and are severely disadvantaged socially, vocationally, economically, and educationally;
- (7) individuals with disabilities are a discrete and insular minority who
have been faced with restrictions and limitations, subjected to a history
of purposeful unequal treatment, and relegated to a position of political
powerlessness in our society, based on characteristics that are beyond the
control of such individuals and resulting from stereotypic assumptions not
truly indicative of the individual ability of such individuals to participate
in, and contribute to, society;
- (8) the Nations proper goals regarding individuals with disabilities are
to assure equality of opportunity, full participation, independent living,
and economic self-sufficiency for such individuals; and
- (9) the continuing existence of unfair and unnecessary discrimination and
prejudice denies people with disabilities the opportunity to compete on an
equal basis and to pursue those opportunities for which our free society is
justifiably famous, and costs the United States billions of dollars in unnecessary
expenses resulting from dependency and nonproductivity.
(b) Purpose. It is the purpose of this Act
- (1) to provide a clear and comprehensive national mandate for the elimination
of discrimination against individuals with disabilities;
- (2) to provide clear, strong, consistent, enforceable standards addressing
discrimination against individuals with disabilities;
- (3) to ensure that the Federal Government plays a central role in enforcing
the standards established in this Act on behalf of individuals with disabilities;
and
- (4) to invoke the sweep of congressional authority, including the power
to enforce the fourteenth amendment and to regulate commerce, in order to
address the major areas of discrimination faced day-to-day by people with
disabilities.
SEC. 3. DEFINITIONS
42 USC 12102
As used in this Act:
(1) Auxiliary aids and services. The term auxiliary aids and services includes
- (A) qualified interpreters or other effective methods of making aurally
delivered materials available to individuals with hearing impairments;
- (B) qualified readers, taped texts, or other effective methods of making
visually delivered materials available to individuals with visual impairments;
- (C) acquisition or modification of equipment or devices; and
- (D) other similar services and actions.
(2) Disability. The term disability means, with respect to an individual
- (A) a physical or mental impairment that substantially limits one or more
of the major life activities of such individual;
- (B) a record of such an impairment; or
- (C) being regarded as having such an impairment.
(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.
- (A) In general. The term employer means a person engaged in an industry
affecting commerce who has 15 or more employees for each working day in each
of 20 or more calendar weeks in the current or preceding calendar year, and
any agent of such person, except that, for two years following the effective
date of this title, an employer means a person engaged in an industry affecting
commerce who has 25 or more employees for each working day in each of 20 or
more calendar weeks in the current or preceding year, and any agent of such
person.
- (B) Exceptions. The term employer does not include
- (i) the United States, a corporation wholly owned by the government
of the United States, or an Indian tribe; or
- (ii) a bona fide private membership club (other than a labor organization)
that is exempt from taxation under section 501(c) of the Internal Revenue
Code of 1986.
(6) Illegal use of drugs.
- (A) In general. The term illegal use of drugs means the use of drugs, the
possession or distribution of which is unlawful under the Controlled Substances
Act (21 USC 812). Such term does not include the use of a drug taken under
supervision by a licensed health care professional, or other uses authorized
by the Controlled Substances Act or other provisions of Federal law.
- (B) Drugs. The term drug means a controlled substance, as defined in schedules
I through V of section 202 of the Controlled Substances Act.
(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
- (A) making existing facilities used by employees readily accessible to and
usable by individuals with disabilities; and
- (B) job restructuring, part-time or modified work schedules, reassignment
to a vacant position, acquisition or modification of equipment or devices,
appropriate adjustment or modifications of examinations, training materials
or policies, the provision of qualified readers or interpreters, and other
similar accommodations for individuals with disabilities.
(10) Undue hardship.
- (A) In general. The term undue hardship means an action requiring significant
difficulty or expense, when considered in light of the factors set forth in
subparagraph (B).
- (B) Factors to be considered. In determining whether an accommodation would
impose an undue hardship on a covered entity, factors to be considered include
- (i) the nature and cost of the accommodation needed under this Act;
- (ii) the overall financial resources of the facility or facilities involved
in the provision of the reasonable accommodation; the number of persons
employed at such facility; the effect on expenses and resources, or the
impact otherwise of such accommodation upon the operation of the facility;
- (iii) the overall financial resources of the covered entity; the overall
size of the business of a covered entity with respect to the number of
its employees; the number, type, and location of its facilities; and
- (iv) the type of operation or operations of the covered entity, including
the composition, structure, and functions of the workforce of such entity;
the geographic separateness, administrative, or fiscal relationship of
the facility or facilities in question to the covered entity.
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
- (1) limiting, segregating, or classifying a job applicant or employee in
a way that adversely affects the opportunities or status of such applicant
or employee because of the disability of such applicant or employee;
- (2) participating in a contractual or other arrangement or relationship
that has the effect of subjecting a covered entitys qualified applicant or
employee with a disability to the discrimination prohibited by this title
(such relationship includes a relationship with an employment or referral
agency, labor union, an organization providing fringe benefits to an employee
of the covered entity, or an organization providing training and apprenticeship
programs);
- (3) utilizing standards, criteria, or methods of administration
- (A) that have the effect of discrimination on the basis of disability;
or
- (B) that perpetuate the discrimination of others who are subject to
common administrative control;
- (4) excluding or otherwise denying equal jobs or benefits to a qualified
individual because of the known disability of an individual with whom the
qualified individual is known to have a relationship or association;
- (5)
- (A) not making reasonable accommodations to the known physical or mental
limitations of an otherwise ualified individual with a disability who
is an applicant or employee, unless such covered entity can demonstrate
that the accommodation would impose an undue hardship on the operation
of the business of such covered entity; or
- (B) denying employment opportunities to a job applicant or employee
who is an otherwise qualified individual with a disability, if such denial
is based on the need of such covered entity to make reasonable accommodation
to the physical or mental impairments of the employee or applicant;
- (6) using qualification standards, employment tests or other selection criteria
that screen out or tend to screen out an individual with a disability or a
class of individuals with disabilities unless the standard, test or other
selection criteria, as used by the covered entity, is shown to be job-related
for the position in question and is consistent with business necessity; and
- (7) failing to select and administer tests concerning employment in the
most effective manner to ensure that, when such test is administered to a
job applicant or employee who has a disability that impairs sensory, manual,
or speaking skills, such test results accurately reflect the skills, aptitude,
or whatever other factor of such applicant or employee that such test purports
to measure, rather than reflecting the impaired sensory, manual, or speaking
skills of such employee or applicant (except where such skills are the factors
that the test purports to measure).
(c) Medical Examinations and Inquiries.
- (1) In general. The prohibition against discrimination as referred to in
subsection (a) shall include medical examinations and inquiries.
- (2) Preemployment.
- (A) Prohibited examination or inquiry. Except as provided in paragraph
(3), a covered entity shall not conduct a medical examination or make
inquiries of a job applicant as to whether such applicant is an individual
with a disability or as to the nature or severity of such disability.
- (B) Acceptable inquiry. A covered entity may make preemployment inquiries
into the ability of an applicant to perform job-related functions.
- (3) Employment entrance examination. A covered entity may require a medical
examination after an offer of employment has been made to a job applicant
and prior to the commencement of the employment duties of such applicant,
and may condition an offer of employment on the results of such examination,
if
- (A) all entering employees are subjected to such an examination regardless
of disability;
- (B) information obtained regarding the medical condition or history
of the applicant is collected and maintained on separate forms and in
separate medical files and is treated as a confidential medical record,
except that
- (i) supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employee and necessary accommodations;
- (ii) first aid and safety personnel may be informed, when appropriate,
if the disability might require emergency treatment; and
- (iii) government officials investigating compliance with this Act
shall be provided relevant information on request; and
- (C) the results of such examination are used only in accordance with
this title.
- (4) Examination and inquiry.
- (A) Prohibited examinations and inquiries. A covered entity shall not
require a medical examination and shall not make inquiries of an employee
as to whether such employee is an individual with a disability or as to
the nature or severity of the disability, unless such examination or inquiry
is shown to be job-related and consistent with business necessity.
- (B) Acceptable examinations and inquiries. A covered entity may conduct
voluntary medical examinations, including voluntary medical histories,
which are part of an employee health program available to employees at
that work site. A covered entity may make inquiries into the ability of
an employee to perform job-relatedfunctions.
- (C) Requirement. Information obtained under subparagraph (B) regarding
the medical condition or history of any employee are subject to the requirements
of subparagraphs (B) and (C) of paragraph (3).
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.
- (1) In general. This title shall not prohibit a religious corporation, association,
educational institution, or society from giving preference in employment to
individuals of a particular religion to perform work connected with the carrying
on by such corporation, association, educational institution, or society of
its activities.
- (2) Religious tenets requirement. Under this title, a religious organization
may require that all applicants and employees conform to the religious tenets
of such organization.
(d) List of Infectious and Communicable Diseases.
- (1) In general. The Secretary of Health and Human Services, not later than
6 months after the date of enactment of this Act, shall
- (A) review all infectious and communicable diseases which may be transmitted
through handling the food supply;
- (B) publish a list of infectious and communicable diseases which are
transmitted through handling the food supply;
- (C) publish the methods by which such diseases are transmitted; and
- (D) widely disseminate such information regarding the list of diseases
and their modes of transmissability to the general public. Such list shall
be updated annually.
- (2) Applications. In any case in which an individual has an infectious or
communicable disease that is transmitted to others through the handling of
food, that is included on the list developed by the Secretary of Health and
Human Services under paragraph (1), and which cannot be eliminated by reasonable
accommodation, a covered entity may refuse to assign or continue to assign
such individual to a job involving food handling.
- (3) Construction. Nothing in this Act shall be construed to preempt, modify,
or amend any State, county, or local law, ordinance, or regulation applicable
to food handling which is designed to protect the public health from individuals
who pose a significant risk to the health or safety of others, which cannot
be eliminated by reasonable accommodation, pursuant to the list of infectious
or communicable diseases and the modes of transmissability published by the
Secretary of Health and Human Services.
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
- (1) has successfully completed a supervised drug rehabilitation program
and is no longer engaging in the illegal use of drugs, or has otherwise been
rehabilitated successfully and is no longer engaging in such use;
- (2) is participating in a supervised rehabilitation program and is no longer
engaging in such use; or
- (3) is erroneously regarded as engaging in such use, but is not engaging
in such use; exceptthat it shall not be a violation of this Act for a covered
entity to adopt or administer reasonable policies or procedures, including
but not limited to drug testing, designed to ensure that an individual described
in paragraph (1) or (2) is no longer engaging in the illegal use of drugs.
(c) Authority of Covered Entity. A covered entity
- (1) may prohibit the illegal use of drugs and the use of alcohol at the
workplace by all employees;
- (2) may require that employees shall not be under the influence of alcohol
or be engaging in the illegal use of drugs at the workplace;
- (3) may require that employees behave in conformance with the requirements
established under the Drug-Free Workplace Act of 1988 (41 USC 701 et seq.);
- (4) may hold an employee who engages in the illegal use of drugs or who
is an alcoholic to the same qualification standards for employment or job
performance and behavior that such entity holds other employees, even if any
unsatisfactory performance or behavior is related to the drug use or alcoholism
of such employee; and
- (5) may, with respect to Federal regulations regarding alcohol and the illegal
use of drugs, require that
- (A) employees comply with the standards established in such regulations
of the Department of Defense, if the employees of the covered entity are
employed in an industry subject to such regulations, including complying
with regulations (if any) that apply to employment in sensitive positions
in such an industry, in the case of employees of the covered entity who
are employed in such positions (as defined in the regulations of the Department
of Defense);
- (B) employees comply with the standards established in such regulations
of the Nuclear Regulatory Commission, if the employees of the covered
entity are employed in an industry subject to such regulations, including
complying with regulations (if any) that apply to employment in sensitive
positions in such an industry, in the case of employees of the covered
entity who are employed in such positions (as defined in the regulations
of the Nuclear Regulatory Commission); and
- (C) employees comply with the standards established in such regulations
of the Department of Transportation, if the employees of the covered entity
are employed in a transportation industry subject to such regulations,
including complying with such regulations (if any) that apply to employment
in sensitive positions in such an industry, in the case of employees of
the covered entity who are employed in such positions (as defined in the
regulations of the Department of Transportation).
(d) Drug Testing.
- (1) In general. For purposes of this title, a test to determine the illegal
use of drugs shall not be considered a medical examination.
- (2) Construction. Nothing in this title shall be construed to encourage,
prohibit, or authorize the conducting of drug testing for the illegal use
of drugs by job applicants or employees or making employment decisions based
on such test results.
(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
- (1) test employees of such entities in, and applicants for, positions involving
safety-sensitive duties for the illegal use of drugs and for on-duty impairment
by alcohol; and
- (2) remove such persons who test positive for illegal use of drugs and on-duty
impairment by alcohol pursuant to paragraph (1) from safety-sensitive duties
in implementing subsection (c).
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:
- (1) Public entity. The term public entity means
- (A) any State or local government;
- (B) any department, agency, special purpose district, or other instrumentality
of a State or States or local government; and
- (C) the National Railroad Passenger Corporation, and any commuter authority
(as defined in section 103(8) of the Rail Passenger Service Act).
- (2) Qualified individual with a disability. The term qualified individual
with a disability means an individual with a disability who, with or without
reasonable modifications to rules, policies, or practices, the removal of
architectural, communication, or transportation barriers, or the provision
of auxiliary aids and services, meets the essential eligibility requirements
for the receipt of services or the participation in programs or activities
provided by a public entity.
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.
- (1) General rule. Except as provided in paragraph (2), 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
- (A) to remanufacture a vehicle for use on such system so as to extend
its usable life for 5 years or more, which remanufacture begins (or for
which the solicitation is made) after the 30th day following the effective
date of this subsection; or
- (B) to purchase or lease for use on such system a remanufactured vehicle
which has been remanufactured so as to extend its usable life for 5 years
or more, which purchase or lease occurs after such 30th day and during
the period in which the usable life is extended; unless, after remanufacture,
the vehicle is, to the maximum extent feasible, readily accessible to
and usable by individuals with disabilities, including individuals who
use wheelchairs.
- (2) Exception for historic vehicles.
- (A) General rule. If a public entity operates a fixed route system any
segment of which is included on the National Register of Historic Places
and if making a vehicle of historic character to be used solely on such
segment readily accessible to and usable by individuals with disabilities
would significantly alter the historic character of such vehicle, the
public entity only has to make (or to purchase or lease a remanufactured
vehicle with) those modifications which are necessary to meet the requirements
of paragraph (1) and which do not significantly alter the historic character
of such vehicle.
- (B) Vehicles of historic character defined by regulations. For purposes
of this paragraph and section 228(b), a vehicle of historic character
shall be defined by the regulations issued by the Secretary to carry out
this subsection.
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.
- (1) Eligible recipients of service. The regulations issued under this section
shall require each public entity which operates a fixed route system to provide
the paratransit and other special transportation services required under this
section
- (2) Service area. The regulations issued under this section shall require
the provision of paratransit and special transportation services required
under this section in the service area of each public entity which operates
a fixed route system, other than any portion of the service area in which
the public entity solely provides commuter bus service.
- (3) Service criteria. Subject to paragraphs (1) and (2), the regulations
issued under this section shall establish minimum service criteria for determining
the level of services to be required under this section.
- (4) Undue financial burden limitation. The regulations issued under this
section shall provide that, if the public entity is able to demonstrate to
the satisfaction of the Secretary that the provision of paratransit and other
special transportation services otherwise required under this section would
impose an undue financial burden on the public entity, the public entity,
notwithstanding any other provision of this section (other than paragraph
(5)), shall only be required to provide such services to the extent that providing
such services would not impose such a burden.
- (5) Additional services. The regulations issued under this section shall
establish circumstances under which the Secretary may require a public entity
to provide, notwithstanding paragraph (4), paratransit and other special transportation
services under this section beyond the level of paratransit and other special
transportation services which would otherwise be required under paragraph
(4).
- (6) Public participation. The regulations issued under this section shall
require that each public entity which operates a fixed route system hold a
public hearing, provide an opportunity for public comment, and consult with
individuals with disabilities in preparing its plan under paragraph (7).
- (7) Plans. The regulations issued under this section shall require that
each ublic entity which operates a fixed route system
- (A) within 18 months after the effective date of this subsection, submit
to the Secretary, and commence implementation of, a plan for providing
paratransit and other special transportation services which meets the
requirements of this section; and
- (B) on an annual basis thereafter, submit to the Secretary, and commence
implementation of, a plan for providing such services.
- (8) Provision of services by others. The regulations issued under this section
shall
- (A) require that a public entity submitting a plan to the Secretary
under this section identify in the plan any person or other public entity
which is providing a paratransit or other special transportation service
for individuals with disabilities in the service area to which the plan
applies; and
- (B) provide that the public entity submitting the plan does not have
to provide under the plan such service for individuals with disabilities.
- (9) Other provisions. The regulations issued under this section shall include
such other provisions and requirements as the Secretary determines are necessary
to carry out the objectives of this section.
(d) Review of Plan.
- (1) General rule. The Secretary shall review a plan submitted under this
section for the purpose of determining whether or not such plan meets the
requirements of this section, including the regulations issued under this
section.
- (2) Disapproval. If the Secretary determines that a plan reviewed under
this subsection fails to meet the requirements of this section, the Secretary
shall disapprove the plan and notify the public entity which submitted the
plan of such disapproval and the reasons therefor.
- (3) Modification of disapproved plan. Not later than 90 days after the date
of disapproval of a plan under this subsection, the public entity which submitted
the plan shall modify the plan to meet the requirements of this section and
shall submit to the Secretary, and commence implementation of, such modified
plan.
(e) Discrimination Defined. As used in subsection (a), the term discrimination
includes
- (1) a failure of a public entity to which the regulations issued under this
section apply to submit, or commence implementation of, a plan in accordance
with subsections (c)(6) and (c)(7);
- (2) a failure of such entity to submit, or commence implementation of, a
modified plan in accordance with subsection (d)(3);
- (3) submission to the Secretary of a modified plan under subsection (d)(3)
which does not meet the requirements of this section; or
- (4) a failure of such entity to provide paratransit or other special transportation
services in accordance with the plan or modified plan the public entity submitted
to the Secretary under this section.
(f) Statutory Construction. Nothing in this section shall be construed as
preventing a public entity
- (1) from providing paratransit or other special transportation services
at a level which is greater than the level of such services which are required
by this section,
- (2) from providing paratransit or other special transportation services
in addition to those paratransit and special transportation services required
by this section, or
- (3) from providing such services to individuals in addition to those individuals
to whom such services are required to be provided by this section.
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
- (1) that the initial solicitation for new buses made by the public entity
specified that all new buses were to be lift-equipped and were to be otherwise
accessible to and usable by individuals with disabilities;
- (2) the unavailability from any qualified manufacturer of hydraulic, electromechanical,
or other lifts for such new buses;
- (3) that the public entity seeking temporary relief has made good faith
efforts to locate a qualified manufacturer to supply the lifts to the manufacturer
of such buses in sufficient time to comply with such solicitation; and
- (4) that any further delay in purchasing new buses necessary to obtain such
lifts would significantly impair transportation services in the community
served by the public entity.
(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
- (1) cancel such relief if such relief is still in effect; and
- (2) take such other action as the Secretary considers appropriate.
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.
- (1) General rule. 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 that provides designate public transportation to fail,
in accordance with the provisions of this subsection, to make key stations
(as determined under criteria established by the Secretary by regulation)
in rapid rail and light rail systems readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs.
- (2) Rapid rail and light rail key stations.
- (A) Accessibility. Except as otherwise provided in this paragraph, all
key stations (as determined under criteria established by the Secretary
by regulation) in rapid rail and light rail systems shall be made readily
accessible to and usable by individuals with disabilities, including individuals
who use wheelchairs, as soon as practicable but in no event later than
the last day of the 3-year period beginning on the effective date of this
paragraph.
- (B) Extension for extraordinarily expensive structural changes. The
Secretary may extend the 3-year period under subparagraph (A) up to a
30-year period for key stations in a rapid rail or light rail system which
stations need extraordinarily expensive structural changes to, or replacement
of, existing facilities; except that by the last day of the 20th year
following the date of the enactment of this Act at least 2/3 of such key
stations must be readily accessible to and usable by individuals with
disabilities.
- (3) Plans and milestones. The Secretary shall require the appropriate public
entity to develop and submit to the Secretary a plan for compliance with this
subsection
- (A) that reflects consultation with individuals with disabilities affected
by such plan and the results of a public hearing and public comments on
such plan, and
- (B) that establishes milestones for achievement of the requirements
of this subsection.
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.
- (1) In general. With respect to existing facilities used in the provision
of designated public transportation services, 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 operate a designated
public transportation program or activity conducted in such facilities so
that, when viewed in the entirety, the program or activity is readily accessible
to and usable by individuals with disabilities.
- (2) Exception. Paragraph (1) shall not require a public entity to make structural
changes to existing facilities in order to make such facilities accessible
to individuals who use wheelchairs, unless and to the extent required by section
227(a) (relating to alterations) or section 227(b) (relating to key stations).
- (3) Utilization. Paragraph (1) shall not require a public entity to which
paragraph (2) applies, to provide to individuals who use wheelchairs services
made available to the general public at such facilities when such individuals
could not utilize or benefit from such services provided at such facilities.
(b) One Car Per Train Rule.
- (1) General rule. Subject to paragraph (2), with respect to 2 or more vehicles
operated as a train by a light or rapid rail system, 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 fail to
have at least 1 vehicle per train that is accessible to individuals with disabilities,
including individuals who use wheelchairs, as soon as practicable but in no
event later than the last day of the 5-year period beginning on the effective
date of this section.
- (2) Historic trains. In order to comply with paragraph (1) with respect
to the remanufacture of a vehicle of historic character which is to be used
on a segment of a light or rapid rail system which is included on the National
Register of Historic Places, if making such vehicle readily accessible to
and usable by individals with disabilities would significantly alter the historic
character of such vehicle, the public entity which operates such system only
has to make (or to purchase or lease a remanufactured vehicle with) those
modifications which are necessary to meet the requirements of section 222(c)(1)
and which do not significantly alter the historic character of such vehicle.
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
- (A) in the case of a station more than 50 percent of which is owned by a
public entity, such public entity;
- (B) in the case of a station more than 50 percent of which is owned by a
private party, the persons providing intercity or commuter rail transportation
to such station, as allocated on an equitable basis by regulation by the Secretary
of Transportaion; and
- (C) in a case where no party owns more than 50 percent of a station, the
persons providing intercity or commuter rail transportation to such station
and the owners of the station, other than private party owners, as allocated
on an equitable basis by regulation by the Secretary of Transportation.
(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.
- (1) One car per train 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 person who provides intercity rail transportation to fail
to have at least one passenger car per train that is readily accessible to
and usable by individuals with disabilities, including individuals who use
wheelchairs, in accordance with regulations issued under section 244, as soon
as practicable, but in no event later than 5 years after the date of enactment
of this Act.
- (2) New intercity cars.
- (A) General rule. Except as otherwise provided in this subsection with
respect to individuals who use wheelchairs, 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 any new rail
passenger cars for use in intercity rail transportation, and for which
a solicitation is made later than 30 days after the effective date of
this section, unless all such rail cars are 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.
- (B) Special rule for single-level passenger coaches for individuals
who use wheelchairs. Single-level passenger coaches shall be required
to
- (i) be able to be entered by an individual who uses a wheelchair;
- (ii) have space to park and secure a wheelchair;
- (iii) have a seat to which a passenger in a wheelchair can transfer,
and a space to fold and store such passengers wheelchair; and
- (iv) have a restroom usable by an individual who uses a wheelchair,
only to the extent provided in paragraph (3).
- (C) Special rule for single-level dining cars for individuals who use
wheelchairs. Single-level dining cars shall not be required to
- (i) be able to be entered from the station platform by an individual
who uses a wheelchair; or
- (ii) have a restroom usable by an individual who uses a wheelchair
if no restroom is provided in such car for any passenger.
- (D) Special rule for bi-level dining cars for individuals who use wheelchairs.
Bi-level dining cars shall not be required to
- (i) be able to be entered by an individual who uses a wheelchair;
- (ii) have space to park and secure a wheelchair;
- (iii) have a seat to which a passenger in a wheelchair can transfer,
or a space to fold and store such passengers wheelchair; or
- (iv) have a restroom usable by an individual who uses a wheelchair.
- (3) Accessibility of single-level coaches.
- (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 person who provides intercity rail transportation
to fail to have on each train which includes one or more single-level
rail passenger coaches
- (i) a number of spaces
- (I) to park and secure wheelchairs (to accommodate individuals
who wish to remain in their wheelchairs) equal to not less than
one-half of the number of single-level rail passenger coaches
in such train; and
- (II) to fold and store wheelchairs (to accommodate individuals
who wish to transfer to coach seats) equal to not less than one-half
of the number of single-level rail passenger coaches in such train,
as soon as practicable, but in no event later than 5 years after
the date of enactment of this Act; and
- (ii) a number of spaces
- (I) to park and secure wheelchairs (to accommodate individuals
who wish to remain in their wheelchairs) equal to not less than
the total number of single-level rail passenger coaches in such
train; and
- (II) to fold and store wheelchairs (to accommodate individuals
who wish to transfer to coach seats) equal to not less than the
total number of single-level rail passenger coaches in such train,
as soon as practicable, but in no event later than 10 years after
the date of enactment of this Act.
- (B) Location. Spaces required by subparagraph (A) shall be located in
single-level rail passenger coaches or food service cars.
- (C) Limitation. Of the number of spaces required on a train by subparagraph
(A), not more than two spaces to park and secure wheelchairs nor more
than two spaces to fold and store wheelchairs shall be located in any
one coach or food service car.
- (D) Other accessibility features. Single-level rail passenger coaches
and food service cars on which the spaces required by subparagraph
- (A) are located shall have a restroom usable by an individual who
uses a wheelchair and shall be able to be entered from the station
platform by an individual who uses a wheelchair.
- (4) Food service.
- (A) Single-level dining cars. On any train in which a single-level dining
car is used to provide food service
- (i) if such single-level dining car was purchased after the date
of enactment of this Act, table service in such car shall be provided
to a passenger who uses a wheelchair if
- (I) the car adjacent to the end of the dining car through which
a wheelchair may enter is itself accessible to a wheelchair;
- (II) such passenger can exit to the platform from the car such
passenger occupies, move down the platform, and enter the adjacent
accessible car described in subclause (I) without the necessity
of the train being moved within the station; and
- (III) space to park and secure a wheelchair is available in
the dining car at the time such passenger wishes to eat (if such
passenger wishes to remain in a wheelchair), or space to store
and fold a wheelchair is available in the dining car at the time
such passenger wishes to eat (if such passenger wishes to transfer
to a dining car seat); and
- (ii) appropriate auxiliary aids and services, including a hard surface
on which to eat, shall be provided to ensure that other equivalent
food service is available to individuals with disabilities, including
individuals who use wheelchairs, and to passengers traveling with
such individuals. Unless not practicable, a person providing intercity
rail transportation shall place an accessible car adjacent to the
end of a dining car described in clause (i) through which an individul
who uses a wheelchair may enter.
- (B) Bi-level dining cars. On any train in which a bi-level dining car
is used to provide food service
- (i) if such train includes a bi-level lounge car purchased after
the date of enactment of this Act, table service in such lounge car
shall be provided to individuals who use wheelchairs and to other
passengers; and
- (ii) appropriate auxiliary aids and services, including a hard surface
on which to eat, shall be provided to ensure that other equivalent
food service is available to individuals with disabilities, including
individuals who use wheelchairs, and to passengers traveling with
such individuals.
(b) Commuter Rail Transportation.
- (1) One car per train 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 person who provides commuter rail transportation to fail
to have at least one passenger car per train that is readily accessible to
and usable by individuals with disabilities, including individuals who use
wheelchairs, in accordance with regulations issued under section 244, as soon
as practicable, but in no event later than 5 years after the date of enactment
of this Act.
- (2) New commuter rail cars.
- (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 person to purchase or lease any new rail passenger
cars for use in commuter rail transportation, and for which a solicitation
is made later than 30 days after the effective date of this section, unless
all such rail cars are 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.
- (B) Accessibility. For purposes of section 202 of this Act and section
504 of the Rehabilitation Act of 1973 (29 USC 794), a requirement that
a rail passenger car used in commuter rail transportation be accessible
to or readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, shall not be construed to require
- (i) a restroom usable by an individual who uses a wheelchair if
no restroom is provided in such car for any passenger;
- (ii) space to fold and store a wheelchair; or
- (iii) a seat to which a passenger who uses a wheelchair can transfer.
(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.
- (1) Remanufacturing. 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 remanufacture a rail passenger car for use in
intercity or commuter rail transportation so as to extend its usable life
for 10 years or more, unless the rail car, to the maximum extent feasible,
is made 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.
- (2) Purchase or lease. 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 remanufactured rail passenger
car for use in intercity or commuter rail transportation unless such car was
remanufactured in accordance with paragraph (1).
(e) Stations
- (1) New stations. 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 build a new station for use in intercity or commuter
rail transportation that is not 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.
- (2) Existing 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
- (A) among the several States;
- (B) between any foreign country or any territory or possession and any State;
or
- (C) between points in the same State but through another State or foreign
country.
(2) Commercial facilities. The term commercial facilities means facilities
- (A) that are intended for nonresidential use; and
- (B) whose operations will affect commerce. Such term shall not include railroad
locomotives, railroad freight cars, railroad cabooses, railroad cars described
in section 242 or covered under this title, railroad rights-of-way, or facilities
that are covered or expressly exempted from coverage under the Fair Housing
Act of 1968 (42 USC 3601 et seq.).
(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
- (A) an inn, hotel, motel, or other place of lodging, except for an establishment
located within a building that contains not more than five rooms for rent
or hire and that is actually occupied by the proprietor of such establishment
as the residence of such proprietor;
- (B) a restaurant, bar, or other establishment serving food or drink;
- (C) a motion picture house, theater, concert hall, stadium, or other place
of exhibition or entertainment;
- (D) an auditorium, convention center, lecture hall, or other place of public
gathering;
- (E) a bakery, grocery store, clothing store, hardware store, shopping center,
or other sales or rental establishment;
- (F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service,
shoe repair service, funeral parlor, gas station, office of an accountant
or lawyer, pharmacy, insurance office, professional office of a health care
provider, hospital, or other service establishment;
- (G) a terminal, depot, or other station used for specified public transportation;
- (H) a museum, library, gallery, or other place of public display or collection;
- (I) a park, zoo, amusement park, or other place of recreation;
- (J) a nursery, elementary, secondary, undergraduate, or postgraduate private
school, or other place of education;
- (K) a day care center, senior citizen center, homeless shelter, food bank,
adoption agency, or other social service center establishment; and
- (L) a gymnasium, health spa, bowling alley, golf course, or other place
of exercise or recreation.
(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
- (A) the nature and cost of the action needed under this Act;
- (B) the overall financial resources of the facility or facilities involved
in the action; the number of persons employed at such facility; the effect
on expenses and resources, or the impact otherwise of such action upon the
operation of the facility;
- (C) the overall financial resources of the covered entity; the overall size
of the business of a covered entity with respect to the number of its employees;
the number, type, and location of its facilities; and
- (D) the type of operation or operations of the covered entity, including
the composition, structure, and functions of the workforce of such entity;
the geographic separateness, administrative or fiscal relationship of the
facility or facilities in question to the covered entity.
(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
- (1) General prohibition
- (A) Activities
- (i) Denial of participation. It shall be discriminatory to subject
an individual or class of individuals on the basis of a disability
or disabilities of such individual or class, directly, or through
contractual, licensing, or other arrangements, to a denial of the
opportunity of the individual or class to participate in or benefit
from the goods, services, facilities, privileges, advantages, or accommodations
of an entity.
- (ii) Participation in unequal benefit. It shall be discriminatory
to afford an individual or class of individuals, on the basis of a
disability or disabilities of such individual or class, directly,
or through contractual, licensing, or other arrangements with the
opportunity to participate in or benefit from a good, service, facility,
privilege, advantage, or accommodation that is not equal to that afforded
to other individuals.
- (iii) Separate benefit. It shall be discriminatory to provide an
individual or class of individuals, on the basis of a disability or
disabilities of such individual or class, directly, or through contractual,
licensing, or other arrangements with a good, service, facility, privilege,
advantage, or accommodation that is different or separate from that
provided to other individuals, unless such action is necessary to
provide the individual or class of individuals with a good, service,
facility, privilege, advantage, or accommodation, or other opportunity
that is as effective as that provided to others.
- (iv) Individual or class of individuals. For purposes of clauses
(i) through (iii) of this subparagraph, the term individual or class
of individuals refers to the clients or customers of the covered public
accommodation that enters into the contractual, licensing or other
arrangement.
- (B) Integrated settings. Goods, services, facilities, privileges, advantages,
and accommodations shall be afforded to an individual with a disability
in the most integrated setting appropriate to the needs of the individual.
- (C) Opportunity to participate. Notwithstanding the existence of separate
or different programs or activities provided in accordance with this section,
an individual with a disability shall not be denied the opportunity to
participate in such programs or activities that are not separate or different.
- (D) Administrative methods. An individual or entity shall not, directly
or through contractual or other arrangements, utilize standards or criteria
or methods of administration
- (i) that have the effect of discriminating on the basis of disability;
or
- (ii) that perpetuate the discrimination of others who are subject
to common administrative control.
- (E) Association. It shall be discriminatory to exclude or otherwise
deny equal goods, services, facilities, privileges, advantages, accommodations,
or other opportunities to an individual or entity because of the known
disability of an individual with whom the individual or entity is known
to have a relationship or association.
- (2) Specific prohibitions.
- (A) Discrimination. For purposes of subsection (a), discrimination includes
- (i) the imposition or application of eligibility criteria that screen
out or tend to screen out an individual with a disability or any class
of individuals with disabilities from fully and equally enjoying any
goods, services, facilities, privileges, advantages, or accommodations,
unless such criteria can be shown to be necessary for the provision
of the goods, services, facilities, privileges, advantages, or accommodations
being offered;
- (ii) a failure to make reasonable modifications in policies, practices,
or procedures, when such modifications are necessary to afford such
goods, services, facilities, privileges, advantages, or accommodations
to individuals with disabilities, unless the entity can demonstrate
that making such modifications would fundamentally alter the nature
of such goods, services, facilities, privileges, advantages, or accommodations;
- (iii) a failure to take such steps as may be necessary to ensure
that no individual with a disability is excluded, denied services,
segregated or otherwise treated differently than other individuals
because of the absence of auxiliary aids and services, unless the
entity can demonstrate that taking such steps would fundamentally
alter the nature of the good, service, facility, privilege, advantage,
or accommodation being offered or would result in an undue burden;
- (iv) a failure to remove architectural barriers, and communication
barriers that are structural in nature, in existing facilities, and
transportation barriers in existing vehicles and rail passenger cars
used by an establishment for transporting individuals (not including
barriers that can only be removed through the retrofitting of vehicles
or rail passenger cars by the installation of a hydraulic or other
lift), where such removal is readily achievable; and
- (v) where an entity can demonstrate that the removal of a barrier
under clause (iv) is not readily achievable, a failure to make such
goods, services, facilities, privileges, advantages, or accommodations
available through alternative methods if such methods are readily
achievable.
- (B) Fixed route system.
- (i) Accessibility. It shall be considered discrimination for a private
entity which operates a fixed route system and which is not subject
to section 304 to purchase or lease a vehicle with a seating capacity
in excess of 16 passengers (including the driver) for use on such
system, for which a solicitation is made after the 30th day following
the effective date of this subparagraph, that is not readily accessible
to and usable by individuals with disabilities, including individuals
who use wheelchairs.
- (ii) Equivalent service. If a private entity which operates a fixed
route system and which is not subject to section 304 purchases or
leases a vehicle witha seating capacity of 16 passengers or less (including
the driver) for use on such system after the effective date of this
subparagraph that is not readily accessible to or usable by individuals
with disabilities, it shall be considered discrimination for such
entity to fail to operate such system so that, when viewed in its
entirety, such system ensures a level of service to individuals with
disabilities, including individuals who use wheelchairs, equivalent
to the level of service provided to individuals without disabilities.
- (C) Demand responsive system. For purposes of subsection (a), discrimination
includes
- (i) a failure of a private entity which operates a demand responsive
system and which is not subject to section 304 to operate such system
so that, when viewed in its entirety, such system ensures a level
of service to individuals with disabilities, including individuals
who use wheelchairs, equivalent to the level of service provided to
individuals without disabilities; and
- (ii) the purchase or lease by such entity for use on such system
of a vehicle with a seating capacity in excess of 16 passengers (including
the driver), for which solicitations are made after the 30th day following
the effective date of this subparagraph, that is not readily accessible
to and usable by individuals with disabilities (including individuals
who use wheelchairs) unless such entity can demonstrate that such
system, when viewed in its entirety, provides a level of service to
individuals with disabilities equivalent to that provided to individuals
without disabilities.
- (D) Over-the- road buses.
- (i) Limitation on applicability. Subparagraphs (B) and (C) do not
apply to over-the-road buses.
- (ii) Accessibility requirements. For purposes of subsection (a),
discrimination includes
- (I) the purchase or lease of an over-the-road bus which does
not comply with the regulations issued under section 306(a)(2)
by a private entity which provides transportation of individuals
and which is not primarily engaged in the business of transporting
people, and (II) any other failure of such entity to comply with
such regulations.
- (3) Specific Construction. Nothing in this title shall require an entity
to permit an individual to participate in or benefit from the goods, services,
facilities, privileges, advantages and accommodations of such entity where
such individual poses a direct threat to the health or safety of others.
The term direct threat means a significant risk to the health or safety
of others that cannot be eliminated by a modification of policies, practices,
or procedures or by the provision of auxiliary aids or services.
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
- (1) a failure to design and construct facilities for first occupancy later
than 30 months after the date of enactment of this Act that are readily accessible
to and usable by individuals with disabilities, except where an entity can
demonstrate that it is structurally impracticable to meet the requirements
of such subsection in accordance with standards set forth or incorporated
by reference in regulations issued under this title; and
- (2) with respect to a facility or part thereof that is altered by, on behalf
of, or for the use of an establishment in a manner that affects or could affect
the usability of the facility or part thereof, a failure to make alterations
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. Where the 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 alteratons 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 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) 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.
- (1) Exception. To the extent that compliance with subsection (b)(2)(C) or
(b)(7) would significantly alter the historic or antiquated character of a
historical or antiquated rail passenger car, or a rail station served exclusively
by such cars, or would result in violation of any rule, regulation, standard,
or order issued by the Secretary of Transportation under the Federal Railroad
Safety Act of 1970, such compliance shall not be required.
- (2) Definition. As used in this subsection, the term historical or antiquated
rail passenger car means a rail passenger car
- (A) which is not less than 30 years old at the time of its use for transporting
individuals;
- (B) the manufacturer of which is no longer in the business of manufacturing
rail passenger cars; and
- (C) which
- (i) has a consequential association with events or persons significant
to the past; or
- (ii) embodies, or is being restored to embody, the distinctive characteristics
of a type of rail passenger car used in the past, or to represent
a time period which has passed.
SEC. 305 STUDY
42 USC 12185
(a) Purposes. The Office of Technology Assessment shall undertake a study
to determine
- (1) the access needs of individuals with disabilities to over-the-road buses
and over-the-road bus service; and
- (2) the most cost-effective methods for providing access to over-the-road
buses and over-the-road bus service to individuals with disabilities, particularly
individuals who use wheelchairs, through all forms of boarding options.
(b) Contents. The study shall include, at a minimum, an analysis of the following:
- (1) The anticipated demand by individuals with disabilities for accessible
over-the-road buses and over-the-road bus service.
- (2) The degree to which such buses and service, including any service required
under sections 304(b)(4) and 306(a)(2), are readily accessible to and usable
by individuals with disabilities.
- (3) The effectiveness of various methods of providing accessibility to such
buses and service to individuals with disabilities.
- (4) The cost of providing accessible over-the-road buses and bus service
to individuals with disabilities, including consideration of recent technological
and cost saving developments in equipment and devices.
- (5) Possible design changes in over-the-road buses that could enhance accessibility,
including the installation of accessible restrooms which do not result in
a loss of seating capacity.
- (6) The impact of accessibility requirements on the continuation of over-the-road
bus service, with particular consideration of the impact of such requirements
on such service to rural communities.
(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
- (1) General rule. Not later than 1 year after the date of the enactment
of this Act, the Secretary of Transportation shall issue regulations in an
accessible format to carry out sections 302(b)(2) (B) and (C) and to carry
out section 304 (other than subsection (b)(4)).
- (2) Special rules for providing access to over-the-road buses.
- (A) Interim requirements
- (i) Issuance. Not later than 1 year after the date of the enactment
of this Act, the Secretary of Transportation shall issue regulations
in an accessible format to carry out sections 304(b)(4) and 302(b)(2)(D)(ii)
that require each private entity which uses an over-the-road bus to
provide transportation of individuals to provide accessibility to
such bus; except that such regulations shall not require any structural
changes in over-the-road buses in order to provide access to individuals
who use wheelchairs during the effective period of such regulations
and shall not require the purchase of boarding assistance devices
to provide access to such individuals.
- (ii) Effective period. The regulations issued pursuant to this subparagraph
shall be effective until the effective date of the regulations issued
under subparagraph (B).
- (B) Final requirement
- (i) Review of study and interim requirements. The Secretary shall
review the study submitted under section 305 and the regulations issued
pursuant to subparagraph (A).
- (ii) Issuance. Not later than 1 year after the date of the submission
of the study under section 305, the Secretary shall issue in an accessible
format new regulations to carry out sections 304(b)(4) and 302(b)(2)(D)(ii)
that require, taking into account the purposes of the study under
section 305 and any recommendations resulting from such study, each
private entity which uses an over-the-road bus to provide transportation
to individuals to provide accessibility to such bus to individuals
with disabilities, including individuals who use wheelchairs.
- (iii) Effective period. Subject to section 305(d), the regulations
issued pursuant to this subparagraph shall take effect
- (I) with respect to small providers of transportation (as defined
by the Seretary), 7 years after the date of the enactment of this
Act; and
- (II) with respect to other providers of transportation, 6 years
after such date of enactment.
- (C) Limitation on requiring installation of accessible restrooms. The
regulations issued pursuant to this paragraph shall not require the installation
of accessible restrooms in over-the-road buses if such installation would
result in a loss of seating capacity.
- (3) Standards. The regulations issued pursuant to this subsection shall
include standards applicable to facilities and vehicles covered by sections
302(b)(2) and 304.
(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.
- (1) Facilities. If final regulations have not been issued pursuant to this
section, 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 this 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 section
303, 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.
- (2) Vehicles and rail passenger cars. If final regulations have not been
issued pursuant to this section, a private entity shall be considered to have
complied with the requirements of this title, if any, that a vehicle or rail
passenger car be readily accessible to and usable by individuals with disabilities,
if the design for such vehicle or 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 vehicles or cars, to the extent
that such laws and regulations are not inconsistent with this title and are
in effect at the time such design is substantially completed.
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
- (1) Availability of remedies and procedures. The remedies and procedures
set forth in section 204(a) of the Civil Rights Act of 1964 (42 USC 2000a-3(a))
are the remedies and procedures this title provides to any person who is being
subjected to discrimination on the basis of disability in violation of this
title or who has reasonable grounds for believing that such person is about
to be subjecte to discrimination in violation of section 303. Nothing in this
section shall require a person with a disability to engage in a futile gesture
if such person has actual notice that a person or organization covered by
this title does not intend to comply with its provisions.
- (2) Injunctive relief. In the case of violations of sections 302(b)(2)(A)(iv)
and section 303(a), injunctive relief shall include an order to alter facilities
to make such facilities readily accessible to and usable by individuals with
disabilities to the extent required by this title. Where appropriate, injunctive
relief shall also include requiring the provision of an auxiliary aid or service,
modification of a policy, or provision of alternative methods, to the extent
required by this title.
(b) Enforcement by the Attorney General
- (1) Denial of rights
- (A) Duty to investigate
(i) In general. The Attorney General shall investigate alleged violations
of this title, and shall undertake periodic reviews of compliance of
covered entities under this title.
- (ii) Attorney General Certification. On the application of a State
or local government, the Attorney General may, in consultation with
the Architectural and Transportation Barriers Compliance Board, and
after prior notice and a public hearing at which persons, including
individuals with disabilities, are provided an opportunity to testify
against such certification, certify that a State law or local building
code or similar ordinance that establishes accessibility requirements
meets or exceeds the minimum requirements of this Act for the accessibility
and usability of covered facilities under this title. At any enforcement
proceeding under this section, such certification by the Attorney
General shall be rebuttable evidence that such State law or local
ordinance does meet or exceed the minimum requirements of this Act.
- (B) Potential violation. If the Attorney General has reasonable cause
to believe that
- (i) any person or group of persons is engaged in a pattern or practice
of discrimination under this title; or
- (ii) any person or group of persons has been discriminated against
under this title and such discrimination raises an issue of general
public importance, the Attorney General may commence a civil action
in any appropriate United States district court.
- (2) Authority of court. In a civil action under paragraph (1)(B), the court
- (A) may grant any equitable relief that such court considers to be appropriate,
including, to the extent required by this title
- (i) granting temporary, preliminary, or permanent relief;
- (ii) providing an auxiliary aid or service, modification of policy,
practice, or procedure, or alternative method; and
- (iii) making facilities readily accessible to and usable by individuals
with disabilities;
- (B) may award such other relief as the court considers to be appropriate,
including monetary damages to persons aggrieved when requested by the
Attorney General; and
- (C) may, to vindicate the public interest, assess a civil penalty against
the entity in an amount
- (i) not exceeding $50,000 for a first violation; and
- (ii) not exceeding $100,000 for any subsequent violation.
- (3) Single violation. For purposes of paragraph (2)(C), in determining whether
a first or subsequent violation has occurred, a determination in a single
action, by judgment or settlement, that the covered entity has engaged in
more than one discriminatory act shall be counted as a single violation.
- (4) Punitive damages. For purposes of subsection (b)(2)(B), the term monetary
damages and such other relief does not include punitive damages.
- (5) Judicial consideration. In a civil action under paragraph (1)(B), the
court, when considering what amount of civil penalty, if any, is appropriate,
shall give consideation to any good faith effort or attempt to comply with
this Act by the entity. In evaluating good faith, the court shall consider,
among other factors it deems relevant, whether the entity could have reasonably
anticipated the need for an appropriate type of auxiliary aid needed to accommodate
the unique needs of a particular individual with a disability.
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
- (1) during the first 6 months after the effective date, against businesses
that employ 25 or fewer employees and have gross receipts of $1,000,000 or
less; and
- (2) during the first year after the effective date, against businesses that
employ 10 or fewer employees and have gross receipts of $500,000 or less.
(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:
SEC. 225 TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED
INDIVIDUALS (State and local Governments)
47 USC 225
(a) Definitions. As used in this section
- (1) Common carrier or carrier. The term `common carrier or `carrier includes
any common carrier engaged in interstate communication by wire or radio
as defined in section 3(h) and any common carrier engaged in intrastate
communication by wire or radio, notwithstanding sections 2(b) and 221(b).
- (2) TDD. The term `TDD means a Telecommunications Device for the Deaf,
which is a machine that employs graphic communication in the transmission
of coded signals through a wire or radio communication system.
- (3) Telecommunications relay services. The term telecommunications relay
services means telephone transmission services that provide the ability
for an individual who has a hearing impairment or speech impairment to engage
in communication by wire or radio with a hearing individual in a manner
that is functionally equivalent to the ability of an individual who does
not have a hearing impairment or speech impairment to communicate using
voice communication services by wire or radio. Such term includes services
that enable two-way communication between an individual who uses a TDD or
other nonvoice terminal device and an individual who does not use such a
device.
(b) Availability of Telecommunications Relay Services
- (1) In general. In order to carry out the purposes established under section
1, to make available to all individuals in the United States a rapid, efficient
nationwide communication service, and to increase the utility of the telephone
system of the Nation, the Commission shall ensure that interstate and intrastate
telecommunications relay services are available, to the extent possible
and in the most efficient manner, to hearing-impaired and speech-impaired
individuals in the United States.
- (2) Use of General Authority and Remedies. For the purposes of administering
and enforcing the provisions of this section and the regulations prescibed
thereunder, the Commission shall have the same authority, power, and functions
with respect to common carriers engaged in intrastate communication as the
Commission has in administering and enforcing the provisions of this title
with respect to any common carrier engaged in interstate communication.
Any violation of this section by any common carrier engaged in intrastate
communication shall be subject to the same remedies, penalties, and procedures
as are applicable to a violation of this Act by a common carrier engaged
in interstate communication.
(c) Provision of Services. Each common carrier providing telephone voice
transmission services shall, not later than 3 years after the date of enactment
of this section, provide in compliance with the regulations prescribed under
this section, throughout the area in which it offers service, telecommunications
relay services, individually, through designees, through a competitively selected
vendor, or in concert with other carriers. A common carrier shall be considered
to be in compliance with such regulations
- (1) with respect to intrastate telecommunications relay services in any
State that does not have a certified program under subsection (f) and with
respect to interstate telecommunications relay services, if such common
carrier (or other entity through which the carrier is providing such relay
services) is in compliance with the Commissions regulations under subsection
(d); or
- (2) with respect to intrastate telecommunications relay services in any
State that has a certified program under subsection (f) for such State,
if such common carrier (or other entity through which the carrier is providing
such relay services) is in compliance with the program certified under subsection
(f) for such State.
(d) Regulations
- (1) In general. The Commission shall, not later than 1 year after the
date of enactment of this section, prescribe regulations to implement this
section, including regulations that
- (A) establish functional requirements, guidelines, and operations
procedures for telecommunications relay services;
- (B) establish minimum standards that shall be met in carrying out
subsection (c);
- (C) require that telecommunications relay services operate every day
for 24 hours per day;
- (D) require that users of telecommunications relay services pay rates
no greater than the rates paid for functionally equivalent voice communication
services with respect to such factors as the duration of the call, the
time of day, and the distance from point of origination to point of
termination;
- (E) prohibit relay operators from failing to fulfill the obligations
of common carriers by refusing calls or limiting the length of calls
that use telecommunications relay services;
- (F) prohibit relay operators from disclosing the content of any relayed
conversation and from keeping records of the content of any such conversation
beyond the duration of the call; and
- (G) prohibit relay operators from intentionally altering a relayed
conversation.
- (2) Technology. The Commission shall ensure that regulations prescribed
to implement this section encourage, consistent with section 7(a) of this
Act, the use of existing technology and do not discourage or impair the
development of improved technology.
- (3) Jurisdictional separation of costs.
- (A) In general. Consistent with the provisions of section 410 of this
Act, the Commission shall prescribe regulations governing the jurisdictional
separation of costs for the services provided pursuant to this section.
- (B) Recovering costs. Such regulations shall generally provide that
costs caused by interstate telecommunications relay services shall be
recovered from all subscribers for every interstate service and costs
caused by intrastate telecommunications relay services shall be recovered
from the intrastate jurisdiction. In a State that has a certified program
under subsection (f), a State commission shall permit a common carrier
to rcover the costs incurred in providing intrastate telecommunications
relay services by a method consistent with the requirements of this
section.
(e) Enforcement
- (1) In general. Subject to subsections (f) and (g), the Commission shall
enforce this section.
- (2) Complaint. The Commission shall resolve, by final order, a complaint
alleging a violation of this section within 180 days after the date such
complaint is filed.
(f) Certification
- (1) State documentation. Any State desiring to establish a State program
under this section shall submit documentation to the Commission that describes
the program of such State for implementing intrastate telecommunications
relay services and the procedures and remedies available for enforcing any
requirements imposed by the State program.
- (2) Requirements for certification. After review of such documentation,
the Commission shall certify the State program if the Commission determines
that
- (A) the program makes available to hearing-impaired and speech-impaired
individuals, either directly, through designees, through a competitively
selected vendor, or through regulation of intrastate common carriers,
intrastate telecommunications relay services in such State in a manner
that meets or exceeds the requirements of regulations prescribed by
the Commission under subsection (d); and
- (B) the program makes available adequate procedures and remedies for
enforcing the requirements of the State program.
- (3) Method of funding. Except as provided in subsection (d), the Commission
shall not refuse to certify a State program based solely on the method such
State will implement for funding intrastate telecommunication relay services.
- (4) Suspension or revocation of certification. The Commission may suspend
or revoke such certification if, after notice and opportunity for hearing,
the Commission determines that such certification is no longer warranted.
In a State whose program has been suspended or revoked, the Commission shall
take such steps as may be necessary, consistent with this section, to ensure
continuity of telecommunications relay services.
(g) Complaint
- (1) Referral of complaint. If a complaint to the Commission alleges a
violation of this section with respect to intrastate telecommunications
relay services within a State and certification of the program of such State
under subsection (f) is in effect, the Commission shall refer such complaint
to such State.
- (2) Jurisdiction of commission. After referring a complaint to a State
under paragraph (1), the Commission shall exercise jurisdiction over such
complaint only if
- (A) final action under such State program has not been taken on such
complaint by such State
- (i) within 180 days after the complaint is filed with such State;
or
- (ii) within a shorter period as prescribed by the regulations
of such State; or
- (B) the Commission determines that such State program is no longer
qualified for certification under subsection (f)
(b) Conforming Amendments. The Communications Act of 1934 (47 USC 151 et seq.)
is amended
- (1) in section 2(b) (47 USC 152(b)), by striking section 224 and inserting
sections 224 and 225 ; and
- (2) in section 221(b) (47 USC 221(b)), by striking section 301 and inserting
sections 225 and 301
SEC. 402. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS
Section 711 of the Communications Act of 1934 is amended to read as follows:
SEC. 711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS
47 USC 611
Any television public service announcement that is produced or funded in
whole or in part by any agency or instrumentality of Federal Government shall
include closed captioning of the verbal content of such announcement. A television
broadcast station licensee
- (1) shall not be required to supply closed captioning for any such announcement
that fails to include it; and
- (2) shall not be liable for broadcasting any such announcement without
transmitting a closed caption unless the licensee intentionally fails to
transmit the closed caption that was included with the announcement.
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
- (1) an insurer, hospital or medical service company, health maintenance
organization, or any agent, or entity that administers benefit plans, or similar
organizations from underwriting risks, classifying risks, or administering
such risks that are based on or not inconsistent with State law; or
- (2) a person or organization covered by this Act from establishing, sponsoring,
observing or administering the terms of a bona fide benefit plan that are
based on underwriting risks, classifying risks, or administering such risks
that are based on or not inconsistent with State law; or
- (3) a person or organization covered by this Act from establishing, sponsoring,
observing or administering the terms of a bona fide benefit plan that is not
subject to State laws that regulate insurance. Paragraphs (1), (2), and (3)
shall not be used as a subterfuge to evade the purposes of title I and III.
(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
- (1) In general. The supplemental guidelines issued under subsection (a)
shall include procedures and requirements for alterations that will threaten
or destroy the historic significance of qualified historic buildings and facilities
as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards.
- (2) Sites eligible for listing in national register. With respect to alterations
of buildings or facilities that are eligible for listing in the National Register
of Historic Places under the National Historic Preservation Act (16 USC 470
et seq.), the guidelines described in paragraph (1) shall, at a minimum, maintain
the procedures and requirements established in 4.1.7 (1) and (2) of the Uniform
Federal Accessibility Standards.
- (3) Other sites. With respect to alterations of buildings or facilities
designated as historic under State or local law, the guidelines described
in paragraph (1) shall establish procedures equivalent to those established
by 4.1.7(1) (b) and (c) of the Uniform Federal Accessibility Standards, and
shall require, at a minimum, compliance with the requirements established
in 4.1.7(2) of such standards.
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
- (1) In general. Not later than 180 days after the date of enactment of this
Act, the Attorney General, in consultation with the Chair of the Equal Employment
Opportunity Commission, the Secretary of Transportation, the Chair of the
Architectural and Transportation Barriers Compliance Board, and the Chairman
of the Federal Communications Commission, shall develop a plan to assist entities
covered under this Act, and other Federal agencies, in understanding the responsibility
of such entities and agencies under this Act.
- (2) Publication of plan. The Attorney General shall publish the plan referred
to in paragraph (1) for public comment in accordance with subchapter II of
chapter 5 of title 5, United States Code (commonly known as the Administrative
Procedure Act).
(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.
- (1) Rendering assistance. Each Federal agency that has responsibility under
paragraph (2) for implementing this Act may render technical assistance to
individuals and institutions that have rights or duties under the respective
title or titles for which such agency has responsibility.
- (2) Implementation of titles.
- (A) Title I. The Equal Employment Opportunity Commission and the Attorney
General shall implement the plan for assistance developed under subsection
(a), for title I.
- (B) Title II.
- (i) Subtitle a. The Attorney General shall implement such plan for
assistance for subtitle A of title II.
- (ii) Subtitle b. The Secretary of Transportation shall implement
such plan for assistance for subtitle B of title II.
- (C) Title III. The Attorney General, in coordination with the Secretary
of Transportation and the Chair of the Architectural Transportation Barriers
Compliance Board, shall implement such plan for assistance for title III,
except for section 304, the plan for assistance for which shall be implemented
by the Secretary of Transportation.
- (D) Title IV. The Chairman of the Federal Communications Commission,
in coordination with the Attorney General, shall implement such plan for
assistance for title IV.
- (3) Technical assistance manuals. Each Federal agency that has responsibility
under paragraph (2) for implementing this Act shall, as part of its implementation
responsibilities, ensure the availability and provision of appropriate technical
assistance manuals to individuals or entities with rights or duties under
this Act no later than six months after applicable final regulations are published
under titles I, II, III, and IV.
(d) Grants and Contracts.
- (1) In general. Each Federal agency that has responsibility under subsection
(c)(2) for implementing this Act may make grants or award contracts to effectuate
the purposes of this section, subject to the availability of appropriations.
Such grants and contracts may be awarded to individuals, institutions not
organized for profit and no part of the net earnings of which inures to the
benefit of any private shareholder or individual (including educational institutions),
and associations representing individuals who have rights or duties under
this Act. Contracts may be awarded to entities organized for profit, but such
entities may not be the recipients or grants described in this paragraph.
- (2) Dissemination of information. Such grants and contracts, among other
uses, may be designed to ensure wide dissemination of information about the
rights and duties established by this Act and to provide information and technical
assistance about techniques for effective compliance with this Act.
(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.
- (1) In general. Congress reaffirms that nothing in the Wilderness Act is
to be construed as prohibiting the use of a wheelchair in a wilderness area
by an individual whose disability requires use of a wheelchair, and consistent
with the Wilderness Act no agency is required to provide any form of special
treatment or accommodation, or to construct any facilities or modify any conditions
of lands within a wilderness area in order to facilitate such use.
- (2) Definition. For purposes of paragraph (1), the term wheelchair means
a device designed solely for use by a mobility-impaired person for locomotion,
that is suitable for use in an indoor pedestrian area.
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.
- (1) Commitment to Rule XLII. The Senate reaffirms its commitment to Rule
XLII of the Standing Rules of the Senate which provides as follows: No member,
officer, or employee of the Senate shall, with respect to employment by the
Senate or any office thereof
- (a) fail or refuse to hire an individual;
- (b) discharge an individual; or
- (c) otherwise discriminate against an individual with respect to promotion,
compensation, or terms, conditions, or privileges of employment on the
basis of such individuals race, color, religion, sex, national origin,
age, or state of physical handicap.
- (2) Application to Senate employment. The rights and protections provided
pursuant to this Act, the Civil Rights Act of 1990 (S. 2104, 101st Congress),
the Civil Rights Act of 1964, the Age Discrimination in Employment Act of
1967, and the Rehabilitation Act of 1973 shall apply with respect to employment
by the United States Senate.
- (3) Investigation and adjudication of claims. All claims raised by any individual
with respect to Senate employment, pursuant to the Acts referred to in paragraph
(2), shall be investigated and adjudicated by the Select Committee on Ethics,
pursuant to S. Res. 338, 88th Congress, as amended, or such other entity as
the Senate may designate.
- (4) Rights of employees. The Committee on Rules and Administration shall
ensure that Senate employees are informed of their rights under the Acts referred
to in paragraph (2).
- (5) Applicable Remedies. When assigning remedies to individuals found to
have a valid claim under the Acts referred to in paragraph (2), the Select
Committee on Ethics, or such other entity as the Senate may designate, should
to the extent practicable apply the same remedies applicable to all other
employees covered by the Acts referred to in paragraph (2). Such remedies
shall apply exclusively.
- (6) Matters Other Than Employment.
- (A) In General. The rights and protections under this Act shall, subject
to subparagraph (B), apply with respect to the conduct of the Senate regarding
matters other than employment.
- (B) Remedies. The Architect of the Capitol shall establish remedies
and procedures to be utilized with respect to the rights and protections
provided pursuant to subparagraph (A). Such remedies and procedures shall
apply exclusively, after approval in accordance with subparagraph (C).
- (C) Proposed remedies and procedures. For purposes of subparagraph (B),
the Architect of the Capitol shall submit proposed remedies and procedures
to the Senate Committee on Rules and Administration. The remedies and
procedures shall be effective upon the approval of the Committee on Rules
and Administration.
- (7) Exercise of rulemaking power. Notwithstanding any other provision of
law, enforcement and adjudication of the rights and protections referred to
in paragraph (2) and (6)(A) shall be within the exclusive jurisdiction of
the United States Senate. The provisions of paragraph (1), (3), (4), (5),
(6)(B), and (6)(C) are enacted by the Senate as an exercise of the rulemaking
power of the Senate, with full recognition of the right of the Senate to change
its rules, in the same manner, and to the same extent, as in the case of any
other rule of the Senate.
(b) Coverage of the House of Representatives.
- (1) In general. Notwithstanding any other provision of this Act or of law,
the purposes of this Act shall, subject to paragraphs (2) and (3), apply in
their entirety to the House of Representatives.
- (2) Employment in the house.
- (A) Application. The rights and protectios under this Act shall, subject
to subparagraph (B), apply with respect to any employee in an employment
position in the House of Representatives and any employing authority of
the House of Representatives.
- (B) Administration.
- (i) In general. In the administration of this paragraph, the remedies
and procedures made applicable pursuant to the resolution described
in clause (ii) shall apply exclusively.
- (ii) Resolution. The resolution referred to in clause (i) is House
Resolution 15 of the One Hundred First Congress, as agreed to January
3, 1989, or any other provision that continues in effect the provisions
of, or is a successor to, the Fair Employment Practices Resolution
(House Resolution 558 of the One Hundredth Congress, as agreed to
October 4, 1988).
- (C) Exercise of rulemaking power. The provisions of subparagraph (B)
are enacted by the House of Representatives as an exercise of the rulemaking
power of the House of Representatives, with full recognition of the right
of the House to change its rules, in the same manner, and to the same
extent as in the case of any other rule of the House.
- (3) Matters other than employment.
- (A) In general. The rights and protections under this Act shall, subject
to subparagraph (B), apply with respect to the conduct of the House of
Representatives regarding matters other than employment.
- (B) Remedies. The Architect of the Capitol shall establish remedies
and procedures to be utilized with respect to the rights and protections
provided pursuant to subparagraph (A). Such remedies and procedures shall
apply exclusively, after approval in accordance with subparagraph (C).
- (C) Approval. For purposes of subparagraph (B), the Architect of the
Capitol shall submit proposed remedies and procedures to the Speaker of
the House of Representatives. The remedies and procedures shall be effective
upon the approval of the Speaker, after consultation with the House Office
Building Commission.
(c) Instrumentalities of Congress
- (1) In general. The rights and protections under this Act shall, subject
to paragraph (2), apply with respect to the conduct of each instrumentality
of the Congress.
- (2) Establishment of remedies and procedures by instrumentalities. The chief
official of each instrumentality of the Congress shall establish remedies
and procedures to be utilized with respect to the rights and protections provided
pursuant to paragraph (1). Such remedies and procedures shall apply exclusively.
- (3) Report to congress. The chief official of each instrumentality of the
Congress shall, after establishing remedies and procedures for purposes of
paragraph (2), submit to the Congress a report describing the remedies and
procedures.
- (4) Definition of instrumentalities. For purposes of this section, instrumentalities
of the Congress include the following: the Architect of the Capitol, the Congressional
Budget Office, the General Accounting Office, the Government Printing Office,
the Library of Congress, the Office of Technology Assessment, and the United
States Botanic Garden.
- (5) Construction. Nothing in this section shall alter the enforcement procedures
for individuals with disabilities provided in the General Accounting Office
Personnel Act of 1980 and regulations promulgated pursuant to that Act.
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
- (1) has successfully completed a supervised drug rehabilitation program
and is no longer engaging in the illegal use of drugs, or has otherwise been
rehabilitated successfully and is no longer engaging in such use;
- (2) is participating in a supervised rehabilitation program and is no longer
engaging in such use; or
- (3) is erroneously regarded as engaging in such use, but is not engaging
in such use; except that it shall not be a violation of this Act for a covered
entity to adopt or administer reasonable policies or procedures, including
but not limited to drug testing, designed to ensure that an individual described
in paragraph (1) or (2) is no longer engaging in the illegal use of drugs;
however, nothing in this section shall be construed to encourage, prohibit,
restrict, or authorize the conducting of testing for the illegal use of drugs.
(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.
- (1) In general. The term illegal use of drugs means the use of drugs, the
possession or distribution of which is unlawful under the Controlled Substances
Act (21 USC 812). Such term does not include the use of a drug taken under
supervision by a licensed health care professional, or other uses authorized
by the Controlled Substances Act or other provisions of Federal law.
- (2) Drugs. The term drug means a controlled substance, as defined in schedules
I through V of section 202 of the Controlled Substances Act.
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
- (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism,
gender identity disorders not resulting from physical impairments, or other
sexual behavior disorders;
- (2) compulsive gambling, kleptomania, or pyromania; or
- (3) psychoactive substance use disorders resulting from current illegal
use of drugs.
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:
- (C)(i) For purposes of title V, the term `individual with handicaps does
not include an individual who is currently engaging in the illegal use of
drugs, when a covered entity acts on the basis of such use.
- (ii) Nothing in clause (i) shall be construed to exclude as an individual
with handicaps an individual who
- (I) has successfully completed a supervised drug rehabilitation program
and is no longer engaging in the illegal use of drugs, or has otherwise
been rehabilitated successfully and is no longer engaging in such use;
- (II) is participating in a supervised rehabilitation program and is
no longer engaging in such use; or
- (III) is erroneously regarded as engaging in such use, but is not engaging
in such use; except that it shall not be a violation of this Act for a
covered entity to adopt or administer reasonable policies or procedures,
including but not limited to drug testing, designed to ensure that an
individual described in subclause (I) or (II) is no longer engaging in
the illegal use of drugs.
- (iii) Notwithstanding clause (i), for purposes of programs and activities
providing health services and services provided under titles I, II and III,
an individual shall not be excluded from the benefits of such programs or
activities on the basis of his or her current illegal use of drugs if he or
she is otherwise entitled to such services.
- (iv) For purposes of programs and activities providing educational services,
local educational agencies may take disciplinary action pertaining to the
se or possession of illegal drugs or alcohol against any handicapped student
who currently is engaging in the illegal use of drugs or in the use of alcohol
to the same extent that such disciplinary action is taken against nonhandicapped
students. Furthermore, the due process procedures at 34 CFR 104.36 shall not
apply to such disciplinary actions.
- (v) For purposes of sections 503 and 504 as such sections relate to employment,
the term individual with handicaps does not include any individual who is
an alcoholic whose current use of alcohol prevents such individual from performing
the duties of the job in question or whose employment, by reason of such current
alcohol abuse, would constitute a direct threat to property or the safety
of others.
(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:
- (22)(A) The term `drug means a controlled substance, as defined in schedules
I through V of section 202 of the Controlled Substances Act (21 USC 812).
- (B) The term illegal use of drugs means the use of drugs, the possession
or distribution of which is unlawful under the Controlled Substances Act.
Such term does not include the use of a drug taken under supervision by a
licensed health care professional, or other uses authorized by the Controlled
Substances Act or other provisions of Federal law.
(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.