PUBLIC LAW 101-336 JULY 26, 1990 104 STAT. 327

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.

TITLE I EMPLOYMENT

Sec. 101. Definitions.

Sec. 102. Discrimination.

Sec. 103. Defenses.

Sec. 104. Illegal use of drugs and alcohol.

Sec. 105. Posting notices.

Sec. 106. Regulations.

Sec. 107. Enforcement.

Sec. 108. Effective date.

 

TITLE II PUBLIC SERVICES

Subtitle A Prohibition Against Discrimination and Other Generally Applicable

Provisions

Sec. 201. Definition.

Sec. 202. Discrimination.

Sec. 203. Enforcement.

Sec. 204. Regulations.

Sec. 205. Effective date.

Subtitle B Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory

Part I Public Transportation Other Than by Aircraft or Certain Rail Operations

 

Sec. 221. Definitions.

Sec. 222. Public entities operating fixed route systems.

Sec. 223. Paratransit as a complement to fixed route service.

Sec. 224. Public entity operating a demand responsive system.

Sec. 225. Temporary relief where lifts are unavailable.

Sec. 226. New facilities.

Sec. 227. Alterations of existing facilities.

Sec. 228. Public transportation programs and activities in existing facilities and one car per train rule.

Sec. 229. Regulations.

Sec. 230. Interim accessibility requirements.

Sec. 231. Effective date.

Part II Public Transportation by Intercity and Commuter Rail

 

Sec. 241. Definitions.

Sec. 242. Intercity and commuter rail actions considered discriminatory.

Sec. 243. Conformance of accessibility standards.

Sec. 244. Regulations.

Sec. 245. Interim accessibility requirements.

Sec. 246. Effective date.

TITLE III PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

Sec. 301. Definitions.

Sec. 302. Prohibition of discrimination by public accommodations.

Sec. 303. New construction and alterations in public accommodations and commercial facilities.

Sec. 304. Prohibition of discrimination in specified public transportation services provided by private entities.

Sec. 305. Study.

Sec. 306. Regulations.

Sec. 307. Exemptions for private clubs and religious organizations.

Sec. 308. Enforcement.

Sec. 309. Examinations and courses.

Sec. 310. Effective date.

TITLE IV TELECOMMUNICATIONS

Sec. 401. Telecommunications relay services for hearing-impaired and speech-impaired individuals.

Sec. 402. Closed-captioning of public service announcements.

 

TITLE V MISCELLANEOUS PROVISIONS

Sec. 501. Construction.

Sec. 502. State immunity.

Sec. 503. Prohibition against retaliation and coercion.

Sec. 504. Regulations by the Architectural and Transporttion Barriers Compliance Board.

Sec. 505. Attorneys fees.

Sec. 506. Technical assistance.

Sec. 507. Federal wilderness areas.

Sec. 508. Transvestites.

Sec. 509. Coverage of Congress and the agencies of the legislative branch.

Sec. 510. Illegal use of drugs.

Sec. 511. Definitions.

Sec. 512. Amendments to the Rehabilitation Act.

Sec. 513. Alternative means of dispute resolution.

Sec. 514. Severability.

SEC. 2. FINDINGS AND PURPOSES. 42USC 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 U.S.C. 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 U.S.C. 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 U.S.C. 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 U.S.C.

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 U.S.C. 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 U.S.C. 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 U.S.C. 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 U.S.C. 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.

(c) 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 U.S.C. 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 U.S.C. 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 U.S.C. 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 U.S.C.

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

 

(A)(i) to any individual with a disability who is unable, as

a result of a physical or mental impairment (including a vision impairment) and

without the assistance of another individual (except an operator of a wheelchair

lift or other boarding assistance device), to board, ride, or disembark from any

vehicle on the system which is readily accessible to and usable by individuals

with disabilities;

 

(ii) to any individual with a disability who needs the

assistance of a wheelchair lift or other boarding assistance device (and is able

with such assistance) to board, ride, and disembark from any vehicle which is

readily accessible to and usable by individuals with disabilities if the

individual wants to travel on a route on the system during the hours of

operation of the system at a time (or within a reasonable period of such time)

when such a vehicle is not being used to provide designated public

transportation on the route; and

 

(iii) to any individual with a disability who has a specific

impairment-related condition which prevents such individual from traveling to

a boarding location or from a disembarking location on such system;

 

(B) to one other individual accompanying the individual with

the disability; and

 

(C) to other individuals, in addition to the one individual

described in subparagraph (B), accompanying the individual with a disability

provided that space for these additional individuals is available on the

paratransit vehicle carrying the individual with a disability and that the

transportation of such additional individuals will not result in a denial of

service to individuals with disabilities.

For purposes of clauses (i) and (ii) of subparagraph (A), boarding or

disembarking from a vehicle does not include travel to the boarding location or

from the disembarking location.

 

(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 U.S.C. 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 U.S.C. 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 U.S.C. 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 U.S.C. 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 U.S.C. 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

U.S.C. 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 U.S.C. 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 U.S.C.
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 U.S.C. 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 U.S.C. 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 U.S.C. 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 prac
ticable, 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 U.S.C. 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 U.S.C. 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 U.S.C. 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

U.S.C. 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

U.S.C. 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 U.S.C. 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

U.S.C. 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.

(A) Failure to make readily accessible.

 

(i) 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 U.S.C. 794) for a responsible person to fail to make existing

stations in the intercity rail transportation system, and existing key stations

in commuter rail transportation systems, 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.

 

(ii) Period for compliance.

 

(I) Intercity rail. All stations in the intercity rail

transportation system 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 20 years after the date of

enactment of this Act.

 

(II) Commuter rail. Key stations in commuter rail

transportation 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 3 years after the date of

enactment of this Act, except that the time limit may be extended by the

Secretary of Transportation up to 20 years after the date of enactment of this

Act in a case where the raising of the entire passenger platform is the only

means available of attaining accessibility or where other extraordinarily

expensive structural changes are necessary to attain accessibility.

 

(iii) Designation of key stations. Each commuter authority

shall designate the key stations in its commuter rail transportation system, in

consultation with individuals with disabilities and organizations representing

such individuals, taking into consideration such factors as high ridership and

whether such station serves as a transfer or feeder station. Before the final

designation of key stations under this clause, a commuter authority shall hold

a public hearing.

 

(iv) Plans and milestones. The Secretary of Transportation

shall require the appropriate person to develop a plan for carrying out this

subparagraph that reflects consultation with individuals with disabilities

affected by such plan and that establishes milestones for achievement of the

requirements of this subparagraph.

 

(B) Requirement when making alterations.

 

(i) 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 U.S.C. 794), with respect to alterations of an existing station or

part thereof in the intercity or commuter rail transportation systems that

affect or could affect the usability of the station or part thereof, for the

responsible person, owner, or person in control of the station to fail to make

the alterations in such a manner that, to the maximum extent feasible, the

altered portions of the station are readily accessible to and usable by

individuals with disabilities, including individuals who use wheelchairs, upon

completion of such alterations.

 

(ii) Alterations to a primary function area. It shall be

considered discrimination, for purposes of section 202 of this Act and section

504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to

alterations that affect or could affect the usability of or access to an area

of the station containing a primary function, for the responsible person, owner,

or person in control of the station to fail to ake 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).

 

(C) Required cooperation. It shall be considered discrimination for

purposes of section 202 of this Act and section 504 of the Rehabilitation Act

of 1973 (29 U.S.C. 794) for an owner, or person in control, of a station

governed by subparagraph (A) or (B) to fail to provide reasonable cooperation

to a responsible person with respect to such station in that responsible persons

efforts to comply with such subparagraph. An owner, or person in control, of a

station shall be liable to a responsible person for any failure to provide

reasonable cooperation as required by this subparagraph. Failure to receive

reasonable cooperation required by this subparagraph shall not be a defense to

a claim of discrimination under this Act.

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 SERICES 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 U.S.C. 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
U.S.C. 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

 

(1) the imposition or application by a entity described in subsection (a)

of eligibility criteria that scree
n out or tend to screen out an individual with a disability or any class of
individuals with disabilities from fully enjoying the specified public
transportation services provided by the entity, unless such criteria can be
shown to be necessary for the provision of the services being offered;

 

(2) the failure of such entity to

 

(A) make reasonable modifications consistent with those

required under section 302(b)(2)(A)(ii);

 

(B) provide auxiliary aids and services consistent with the

requirements of section 302(b)(2)(A)(iii); and

 

(C) remove barriers consistent with the requirements of section

302(b)(2)(A) and with the requirements of section 303(a)(2);

 

(3) the purchase or lease by such entity of a new vehicle (other than an

automobile, a van with a seating capacity of less than 8 passengers, including

the driver, or an over-the-road bus) which is to be used to provide specified

public transportation and 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; except that the new vehicle need not be readily accessible to and

usable by such individuals if the new vehicle is to be used solely in a demand

responsive system and if the entity can demonstrate that such system, when

viewed in its entirety, provides a level of service to such individuals

equivalent to the level of service provided to the general public;

 

(4)(A) the purchase or lease by such entity of an over-the-road bus which

does not comply with the regulations issued under section 306(a)(2); and

 

(B) any other failure of such entity to comply with such

regulations; and

 

(5) the purchase or lease by such entity of a new van with a seating

capacity of less than 8 passengers, including the driver, which is to be used

to provide specified public transportation and for which a solicitation is made

after the 30th day following the effective date of this section that is not

readily accessible to or usable by individuals with disabilities, including

individuals who use wheelchairs; except that the new van need not be readily

accessible to and usable by such individuals if the entity can demonstrate that

the sstem for which the van is being purchased or leased, when viewed in its

entirety, provides a level of service to such individuals equivalent to the

level of service provided to the general public;

 

(6) the purchase or lease by such entity of a new rail passenger car that

is to be used to provide specified public transportation, and for which a

solicitation is made later than 30 days after the effective date of this

paragraph, that is not readily accessible to and usable by individuals with

disabilities, including individuals who use wheelchairs; and

 

(7) the remanufacture by such entity of a rail passenger car that is to

be used to provide specified public transportation so as to extend its usable

life for 10 years or more, or the purchase or lease by such entity of such a

rail car, 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.

 

(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

 

(1) members selected from among private operators and manufacturers of

over-the-roa buses;

 

(2) members selected from among individuals with disabilities,

particularly individuals who use wheelchairs, who are potential riders of such

buses; and

 

(3) members selected for their technical expertise on issues included in

the study, including manufacturers of boarding assistance equipment and devices.

 

The number of members selected under each of paragraphs (1) and (2) shall be

equal, and the total number of members selected under paragraphs (1) and (2)

shall exceed the number of members selected under paragraph (3).

(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 U.S.C. 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 U.S.C.

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 U.S.C.

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
note.

(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 U.S.C.

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 U.S.C. 151 et

seq.) is amended

 

(1) in section 2(b) (47 U.S.C. 152(b)), by striking

section 224 and inserting
sections 224 and 225 ; and

 

(2) in section 221(b) (47 U.S.C. 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 inclue

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 U.S.C. 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 U.S.C. 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 U.S.C. 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) isparticipating 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 U.S.C. 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 U.S.C. 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

U.S.C. 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 U.S.C. 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

U.S.C. 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.

LEGISLATIVE HISTORY-S. 933 (H.R. 2273):

HOUSE REPORTS: No. 101-485, Pt. 1 (Comm. on Public Works and Transportation),

Pt. 2 (Comm. on Education and Labor), Pt. 3 (Comm. on the Judiciary), and Pt.

4 (Comm. on Energy and Commerce) all accompanying H.R. 2272; and No. 101-558 and

No. 101-569 both from (Comm. of Conference).

 

SENATE REPORTS: No. 101-116 (Comm. on Labor and Human Resources).

CONGRESSIONAL RECORD:

Vol. 135 (1989): Sept. 7, considered and passed by Senate.

Vol. 136 (1990): May 17, 22, H.R. 2273 considered and passed House; S. 933

passed in lieu.

July 11, Senate recommitted conference report.

July 12, House agreed to conference report.

July 13, Senate agreed to conference report.

 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): July 26,

Presidential remarks and statement.