APPENDIX H
TEXT OF THE AMERICANS WITH DISABILITIES ACT
S.933 As finally approved by the House and Senate
(Enrolled)
S.933
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.
(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 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 Transportation Barriers
Compliance Board.
Sec. 505. Attorney's 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.
(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 Nation's 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.
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.
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 individual holds or desires. For the purposes of this title,
consideration shall be given to the employer's 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.
(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 entity's
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 qualified 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-related
functions.
(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.
(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 transmissibility 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 transmissibility published by the Secretary
of Health and Human Services.
SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
(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; 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.
(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.
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.
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.
(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.
This title shall become effective 24 months after
the date of enactment.
TITLE II--PUBLIC SERVICES
Subtitle A--Prohibition Against Discrimination and
Other Generally Applicable Provisions
SEC. 201. DEFINITION.
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.
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.
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.
(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.
(a) General Rule.--Except as provided in subsection
(b), this subtitle shall become effective 18 months after the date
of enactment of this Act.
(b) Exception.--Section 204 shall become effective
on the date of enactment of this Act.
Subtitle B--Actions Applicable to Public Transportation
Provided by Public Entities Considered Discriminatory
PART I--PUBLIC TRANSPORTATION OTHER
THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS
SEC. 221. DEFINITIONS.
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.
(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 Rehabilitation 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.
(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 final 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 public 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.
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 individuals
equivalent to the level of service such system provides to individuals
without disabilities.
SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE.
(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.
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.
(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 disproportion ate 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 designated 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.
(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 individuals
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.
(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.
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.
(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.
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 Transportation;
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.
(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 wheel chairs.--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 passenger's 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 passenger's 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 practicable, but in no event later than 10
years after the date of enactment of this Act.
(B) Location.--Spaces required by subparagraph (A)
shall be located in single-level rail passenger coaches or food
service cars.
(C) Limitation.--Of the number of spaces required
on a train by subparagraph (A), not more than two spaces to park
and secure wheelchairs nor more than two spaces to fold and store
wheelchairs shall be located in any one coach or food service car.
(D) Other accessibility features.--Single-level rail
passenger coaches and food service cars on which the spaces required
by subparagraph (A) are located shall have a restroom usable by
an individual who uses a wheelchair and shall be able to be entered
from the station platform by an individual who uses a wheelchair.
(4) Food service.--
(A) Single-level dining cars.--On any train in which
a single-level dining car is used to provide food service--
(i) if such single-level dining car was purchased
after the date of enactment of this Act, table service in such car
shall be provided to a passenger who uses a wheelchair if--
(I) the car adjacent to the end of the dining car
through which a wheelchair may enter is itself accessible to a wheelchair;
(II) such passenger can exit to the platform from
the car such passenger occupies, move down the platform, and enter
the adjacent accessible car described in subclause (I) without the
necessity of the train being moved within the station; and
(III) space to park and secure a wheelchair is available
in the dining car at the time such passenger wishes to eat (if such
passenger wishes to remain in a wheel chair), 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 individual
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
wheel chairs, 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 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).
(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 person's
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.
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.
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.
(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.
(a) General Rule.--Except as provided in subsection
(b), this part shall become effective 18 months after the date of
enactment of this Act.
(b) Exception.--Sections 242 and 244 shall become
effective on the date of enactment of this Act.
TITLE III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED
BY PRIVATE ENTITIES
SEC. 301. DEFINITIONS.
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 determining 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.
(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 with a 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 wheel chairs, 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.
(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 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 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.
(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 screen 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 system 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.
(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-road 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 Board's receipt of the
draft study shall be incorporated as part of the final study required
to be submitted under subsection (d).
SEC. 306. REGULATIONS.
(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 Secretary), 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.
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.
(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
subjected 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 consideration 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.
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.
(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.
"(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 prescribed 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 Commission's 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 recover 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.
"Any television public service announcement that is
produced or funded in whole or in part by any agency or instrumentality
of Federal Government shall include closed captioning of the verbal
content of such announcement. A television broadcast station licensee--
"(1) shall not be required to supply closed captioning
for any such announcement that fails to include it; and
"(2) shall not be liable for broadcasting any such
announcement without transmitting a closed caption unless the licensee
intentionally fails to transmit the closed caption that was included
with the announcement.--.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. CONSTRUCTION.
(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.
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.
(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 to aggrieved persons for violations of subsections (a)
and (b), with respect to title I, title II and title III, respectively.
SEC. 504. REGULATIONS BY TO THE ARCHITECTURAL AND
TRANSPORTATION BARRIERS COMPLIANCE BOARD.
(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. ATTORNEY's FEES.
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 reason
able attorney's 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.
(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 President's 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.
(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.
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 TO THE AGENCIES
OF TO THE LEGISLATIVE BRANCH.
(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 individual's 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 protections 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.
(a) In General.--For purposes of this Act, the term
"individual with a disability" does not include an individual who
is currently engaging in the illegal use of drugs, when the covered
entity acts on the basis of such use.
(b) Rules of Construction.--Nothing in subsection
(a) shall be construed to exclude as an individual with a disability
an individual who--
(1) has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of drugs, or
has otherwise been rehabilitated successfully and is no longer engaging
in such use;
(2) is participating in a supervised rehabilitation
program and is no longer engaging in such use; or
(3) is erroneously regarded as engaging in such use,
but is not engaging in such use; except that it shall not be a violation
of this Act for a covered entity to adopt or administer reasonable
policies or procedures, including but not limited to drug testing,
designed to ensure that an individual described in paragraph (1)
or (2) is no longer engaging in the illegal use of drugs; however,
nothing in this section shall be construed to encourage, prohibit,
restrict, or authorize the conducting of testing for the illegal
use of drugs.
(c) Health and Other Services.--Notwithstanding subsection
(a) and section 511(b)(3), an individual shall not be denied health
services, or services provided in connection with drug rehabilitation,
on the basis of the current illegal use of drugs if the individual
is otherwise entitled to such services.
(d) Definition of Illegal use of drugs.--
(1) In general.--The term "illegal use of drugs" means
the use of drugs, the possession or distribution of which is unlawful
under the Controlled Substances Act (21 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.
(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.
(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 use 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.
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.
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.
Speaker of the House of Representatives.
Vice President of the United States and President
of the Senate.
APPENDIX I
MISSION OF THE NATIONAL COUNCIL ON DISABILITY
Overview and Purpose
The National Council on Disability (NCD) is an independent
federal agency led by 15 members appointed by the President of the
United States and confirmed by the U.S. Senate.
The overall purpose of NCD is to promote policies,
programs, practices, and procedures that guarantee equal opportunity
for all individuals with disabilities, regardless of the nature
or severity of the disability; and to empower individuals with disabilities
to achieve economic self-sufficiency, independent living, and inclusion
and integration into all aspects of society.
Specific Duties
The current statutory mandate of NCD includes the
following:
- Reviewing and evaluating, on a continuing basis,
policies, programs, practices, and procedures concerning individuals
with disabilities conducted or assisted by federal departments
and agencies, including programs established or assisted under
the Rehabilitation Act of 1973, as amended, or under the Developmental
Disabilities Assistance and Bill of Rights Act; as well as all
statutes and regulations pertaining to federal programs that assist
such individuals with disabilities, in order to assess the effectiveness
of such policies, programs, practices, procedures, statutes, and
regulations in meeting the needs of individuals with disabilities.
- Reviewing and evaluating, on a continuing basis,
new and emerging disability policy issues affecting individuals
with disabilities at the federal, state, and local levels, and
in the private sector, including the need for and coordination
of adult services, access to personal assistance services, school
reform efforts and the impact of such efforts on individuals with
disabilities, access to health care, and policies that operate
as disincentives for individuals to seek and retain employment.
- Making recommendations to the President, the Congress,
the Secretary of Education, the Director of the National Institute
on Disability and Rehabilitation Research, and other officials
of federal agencies, respecting ways to better promote equal opportunity,
economic self- sufficiency, independent living, and inclusion
and integration into all aspects of society for Americans with
disabilities.
- Providing the Congress, on a continuing basis,
advice, recommendations, legislative proposals, and any additional
information that the Council or the Congress deems appropriate.
- Gathering information about the implementation,
effectiveness, and impact of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
- Advising the President, the Congress, the Commissioner
of the Rehabilitation Services Administration, the Assistant Secretary
for Special Education and Rehabilitative Services within the Department
of Education, and the Director of the National Institute on Disability
and Rehabilitation Research on the development of the programs
to be carried out under the Rehabilitation Act of 1973, as amended.
- Providing advice to the Commissioner with respect
to the policies and conduct of the Rehabilitation Services Administration.
- Making recommendations to the Director of the National
Institute on Disability and Rehabilitation Research on ways to
improve research, service, administration, and the collection,
dissemination, and implementation of research findings affecting
persons with disabilities.
- Providing advice regarding priorities for the activities
of the Interagency Disability Coordinating Council and reviewing
the recommendations of this Council for legislative and administrative
changes to ensure that such recommendations are consistent with
the purposes of the Council to promote the full integration, independence,
and productivity of individuals with disabilities;
- Preparing and submitting to the President and the
Congress an annual report titled National Disability Policy:
A Progress Report.
- Preparing and submitting to the Congress and the
President an annual report containing a summary of the activities
and accomplishments of the Council.
International
In 1995, NCD was designated by the Department of State
to be the official contact point with the U.S. government for disability
issues. Specifically, NCD interacts with the special rapporteur
of United Nations Commission for Social Development on disability
matters.
Consumers Served and Current Activities
While many government agencies deal with issues and
programs affecting people with disabilities, NCD is the only federal
agency charged with addressing, analyzing, and making recommendations
on issues of public policy that affect people with disabilities
regardless of age, disability type, perceived employment potential,
economic need, specific functional ability, status as a veteran,
or other individual circumstance. NCD recognizes its unique opportunity
to facilitate independent living, community integration, and employment
opportunities for people with disabilities by ensuring an informed
and coordinated approach to addressing the concerns of persons with
disabilities and eliminating barriers to their active participation
in community and family life.
NCD plays a major role in developing disability policy
in America. In fact, it was NCD that originally proposed what eventually
became ADA. NCD's present list of key issues includes improving
personal assistance services, promoting health care reform, including
students with disabilities in high-quality programs in typical neighborhood
schools, promoting equal employment and community housing opportunities,
monitoring the implementation of ADA, improving assistive technology,
and ensuring that persons with disabilities who are members of minority
groups fully participate in society.
Statutory History
NCD was initially established in 1978 as an advisory
board within the Department of Education (Public Law 95-602). The
Rehabilitation Act Amendments of 1984 (Public Law 98-221) transformed
NCD into an independent agency.
APPENDIX J
ADA TECHNICAL ASSISTANCE INFORMATION:
Information about the Americans with Disabilities
Act, and guidance about complying with the ADA, may be obtained
from the following federal agencies and private sources.
DEPARTMENT OF JUSTICE provides
technical assistance on the Standards for Accessible Design and
provisions concerning businesses, non-profit service agencies, and
state and local government programs, as well as information on how
to file complaints.
ADA Information Line: 800-514-0301
(voice); 800-514-0383 (TTY)
Electronic Bulletin Board: 202-514-6193
Internet: http://www.usdoj.gov/crt/ada/adahom1.htm
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
provides technical assistance on employment provisions, including
information on how to file complaints.
Employment Information: 800-669-4000
(voice); 800-669-6820 (TTY)
Employment Documents: 800-669-3362 (voice);
800-800-3302 (TTY)
Internet: http://www.eeoc.gov
DEPARTMENT OF TRANSPORTATION
provides technical assistance on public transportation provisions
Transportation Information & Documents:
202-366-1656 (voice)
Transportation Legal Questions: 202-366-1936
(voice)
Complaints and Enforcement: 202-366-2285
(voice); 202-366-0153 (TTY)
Electronic Bulletin Board: 202-366-3764
Internet: http://www.fta.dot.gov
FEDERAL COMMUNICATIONS COMMISSION
provides technical assistance on telephone relay services
Relay Service Information: 202-418-1898
(voice); 202-418-2224 (TTY)
Relay Service Documents: 202-857-3800
(voice); 202-293-8810 (TTY)
Internet: http://www.fcc.gov/dtf/
ARCHITECTURAL AND TRANSPORTATION
BARRIERS COMPLIANCE BOARD (ATBCB) provides technical assistance
on the ADA Accessibility Guidelines.
Information & Documents:
800-872-2253 (voice); 800-993-2822 (TTY)
Electronic Bulletin Board: 202-272-5448
Internet: http://www.access-board.gov/
DEPARTMENT OF EDUCATION provides
general ADA technical assistance through ten regional information
centers
Disability & Business Technical
Assistance Centers: 800-949-4232 (voice/TTY)
Internet: http://www.icdi.wvu.edu/tech/ada.htm
PRESIDENT'S COMMITTEE ON EMPLOYMENT
OF PEOPLE WITH DISABILITIES provides employment information
and funds the Job Accommodation Network (JAN), which provides advice
on accommodating employees with disabilities.
Employment Information:
202-376-6200 (voice); 202-376-6205 (TTY)
Internet: http://www.pcepd.gov
Job Accommodation Network: 800-526-7234
(voice/TTY)
JAN Internet: http://janweb.icdi.wvu.edu/english/homeus.htm
INTERNAL REVENUE SERVICE
provides information about tax code provisions that can facilitate
business compliance
Tax Code Information: 800-829-1040
(voice); 800-829-4059 (TTY)
Tax Code Legal Information: 202-622-3110
(voice)
For Publication 907: 800-829-3676 (voice);
800-829-4059 (TTY)
DISABILITY RIGHTS EDUCATION AND
DEFENSE FUND (DREDF) provides general ADA technical assistance
Information and Documents:
800-466-4232 (voice/TTY)
PROJECT ACTION provides information
and publications about transportation accessibility
Transportation Information and
Documents: 800-659-6428 (voice); 202-347-3066 (voice);
202-347-7385 (TTY)
NATIONAL COUNCIL ON DISABILITY offers
publications about the ADA and its implementation.
Information and Documents: 202-272-2004
(voice); 202-272-2074 (TTY)
Internet: http://www.ncd.gov
EMPOWERMENT ZONE offers information,
ideas, and software related to the general theme of empowerment
for individuals and communities, including ADA documents and publications
from various organizations under the heading of civil rights.
Internet: http://www.empowermentzone.com
NOTES:
Abbreviations
ADA of 1988 -- The Americans with Disabilities
Act of 1988, 100th Cong., 2nd sess., S. 2345, April 28, 1988.
ADA of 1989 -- The Americans with Disabilities
Act of 1989, 101st Cong., 1st sess., S. 933, May 9, 1989.
ADA of 1990 -- The Americans with Disabilities
Act of 1990, Public Law 101-336, 101st Cong., 2nd sess., July
26, 1990.
Cong. Rec. -- Congressional Record.
Leg. Hist. -- House Committee on Education
and Labor, Legislative History of Public Law 101-336, The Americans
with Disabilities Act, 3 vols., 101st Cong., 2nd sess., December
1990, Serial No. 102-A (102-B, 102-C).
Senate Rept. -- Senate Committee on Labor and
Human Resources, The Americans with Disabilities Act of 1989:
Report together with Additional Views, 101st Cong., 1st sess.,
August 30, 1989.
Senate Hrgs. -- Senate Committee on Labor and
Human Resources, Hearings Before the Committee on Labor and Human
Resources and the Subcommittee on the Handicapped, United States
Senate, 101st Cong., 1st sess., May 9, 10, 16, 1989, S. Hrg.
101-156.
USCCAN -- United States Code Congressional
and Administrative News (St. Paul, Minn: West Publishing Company).
Case, spelling, and punctuation in quotations have been corrected
silently, according to the editorial standards used throughout the
manuscript, to ensure fluidity and consistency.
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