covici@ccs.portal.com (John Covici) (12/11/90)
Index Number: 12434
Americans with Disabilities Act of 1990
Down Loaded From:
Department of Justice Washington DC
Civil rights Division
BBS (202)-514-6193----
Transcribed into English Braille
Via WP SIFT and PC BRAILLE (TM)
By:
Braille Research & Literacy, Inc.
PUBLIC LAW 101-336 JULY 26, 1990 104 STAT. 327
One Hundred First Congress of the United States of America
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,
SEC.1. SHORT TITLE; TABLE OF CONTENTS.
Short Title. This Act may be cited as the "Americans with
Disabilities Act of 1990".
Table of Contents.
The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I EMPLOYMENT
Sec. 101. Definitions.
Sec. 102. Discrimination.
Sec. 103. Defenses.
Sec. 104. Illegal use of drugs and alcohol.
Sec. 105. Posting notices.
Sec. 106. Regulations.
Sec. 107. Enforcement.
Sec. 108. Effective date.
TITLE II PUBLIC SERVICES
Subtitle A Prohibition Against Discrimination and Other Generally
Applicable Provisions
Sec. 201. Definition.
Sec. 202. Discrimination.
Sec. 203. Enforcement.
Sec. 204. Regulations.
Sec. 205. Effective date.
Subtitle B Actions Applicable to Public Transportation Provided by
Public Entities Considered Discriminatory
Part I Public Transportation Other Than by Aircraft or Certain Rail
Operations
Sec. 221. Definitions.
Sec. 222. Public entities operating fixed route systems.
Sec. 223. Paratransit as a complement to fixed route service.
Sec. 224. Public entity operating a demand responsive system.
Sec. 225. Temporary relief where lifts are unavailable.
Sec. 226. New facilities.
Sec. 227. Alterations of existing facilities.
Sec. 228. Public transportation programs and activities in existing
facilities and one car per train rule.
Sec. 229. Regulations.
Sec. 230. Interim accessibility requirements.
Sec. 231. Effective date.
Part II Public Transportation by Intercity and Commuter Rail
Sec. 241. Definitions.
Sec. 242. Intercity and commuter rail actions considered
discriminatory.
Sec. 243. Conformance of accessibility standards.
Sec. 244. Regulations.
Sec. 245. Interim accessibility requirements.
Sec. 246. Effective date.
TITLE III PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE
ENTITIES
Sec. 301. Definitions.
Sec. 302. Prohibition of discrimination by public accommodations.
Sec. 303. New construction and alterations in public accommodations
and commercial facilities.
Sec. 304. Prohibition of discrimination in specified public
transportation services provided by private entities.
Sec. 305. Study.
Sec. 306. Regulations.
Sec. 307. Exemptions for private clubs and religious organizations.
Sec. 308. Enforcement.
Sec. 309. Examinations and courses.
Sec. 310. Effective date.
TITLE IV TELECOMMUNICATIONS
Sec. 401. Telecommunications relay services for hearing-impaired
and speech-impaired individuals.
Sec. 402. Closed-captioning of public service announcements.
TITLE V MISCELLANEOUS PROVISIONS
Sec. 501. Construction.
Sec. 502. State immunity.
Sec. 503. Prohibition against retaliation and coercion.
Sec. 504. Regulations by the Architectural and 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).covici@ccs.portal.com (John Covici) (12/11/90)
Index Number: 12435
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 transmissability to the general
public. Such list shall be updated annually.
(2) Applications. In any case in which an individual has an
infectious or communicable disease that is transmitted to others
through the handling of food, that is included on the list
developed by the Secretary of Health and Human Services under
paragraph (1), and which cannot be eliminated by reasonable
accommodation, a covered entity may refuse to assign or continue to
assign such individual to a job involving food handling.
(3) Construction. Nothing in this Act shall be construed to
preempt, modify, or amend any State, county, or local law,
ordinance, or regulation applicable to food handling which is
designed to protect the public health from individuals who pose a
significant risk to the health or safety of others, which cannot be
eliminated by reasonable accommodation, pursuant to the list of
infectious or communicable diseases and the modes of
transmissability published by the Secretary of Health and Human
Services.
Sec. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
(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.covici@ccs.portal.com (John Covici) (12/11/90)
Index Number: 12436
(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 areaare not disproportionate to the overall
alterations in terms of cost and scope (as determined under
criteria established by the Attorney General).
(b) Special Rule for Stations.
(1) General rule. For purposes of section 202 of this Act and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it
shall be considered discrimination for a public entity that
provides 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.covici@ccs.portal.com (John Covici) (12/19/90)
Index Number: 12520
Americans with Disabilities Act of 1990
Down Loaded From:
Department of Justice Washington DC
Civil rights Division
BBS (202)-514-6193----
Transcribed into English Braille
Via WP SIFT and PC BRAILLE (TM)
By:
Braille Research & Literacy, Inc.
PUBLIC LAW 101-336 JULY 26, 1990 104 STAT. 327
One Hundred First Congress of the United States of America
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,
SEC.1. SHORT TITLE; TABLE OF CONTENTS.
Short Title. This Act may be cited as the "Americans with
Disabilities Act of 1990".
Table of Contents.
The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I EMPLOYMENT
Sec. 101. Definitions.
Sec. 102. Discrimination.
Sec. 103. Defenses.
Sec. 104. Illegal use of drugs and alcohol.
Sec. 105. Posting notices.
Sec. 106. Regulations.
Sec. 107. Enforcement.
Sec. 108. Effective date.
TITLE II PUBLIC SERVICES
Subtitle A Prohibition Against Discrimination and Other Generally
Applicable Provisions
Sec. 201. Definition.
Sec. 202. Discrimination.
Sec. 203. Enforcement.
Sec. 204. Regulations.
Sec. 205. Effective date.
Subtitle B Actions Applicable to Public Transportation Provided by
Public Entities Considered Discriminatory
Part I Public Transportation Other Than by Aircraft or Certain Rail
Operations
Sec. 221. Definitions.
Sec. 222. Public entities operating fixed route systems.
Sec. 223. Paratransit as a complement to fixed route service.
Sec. 224. Public entity operating a demand responsive system.
Sec. 225. Temporary relief where lifts are unavailable.
Sec. 226. New facilities.
Sec. 227. Alterations of existing facilities.
Sec. 228. Public transportation programs and activities in existing
facilities and one car per train rule.
Sec. 229. Regulations.
Sec. 230. Interim accessibility requirements.
Sec. 231. Effective date.
Part II Public Transportation by Intercity and Commuter Rail
Sec. 241. Definitions.
Sec. 242. Intercity and commuter rail actions considered
discriminatory.
Sec. 243. Conformance of accessibility standards.
Sec. 244. Regulations.
Sec. 245. Interim accessibility requirements.
Sec. 246. Effective date.
TITLE III PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE
ENTITIES
Sec. 301. Definitions.
Sec. 302. Prohibition of discrimination by public accommodations.
Sec. 303. New construction and alterations in public accommodations
and commercial facilities.
Sec. 304. Prohibition of discrimination in specified public
transportation services provided by private entities.
Sec. 305. Study.
Sec. 306. Regulations.
Sec. 307. Exemptions for private clubs and religious organizations.
Sec. 308. Enforcement.
Sec. 309. Examinations and courses.
Sec. 310. Effective date.
TITLE IV TELECOMMUNICATIONS
Sec. 401. Telecommunications relay services for hearing-impaired
and speech-impaired individuals.
Sec. 402. Closed-captioning of public service announcements.
TITLE V MISCELLANEOUS PROVISIONS
Sec. 501. Construction.
Sec. 502. State immunity.
Sec. 503. Prohibition against retaliation and coercion.
Sec. 504. Regulations by the Architectural and 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).
End of part 1covici@ccs.portal.com (John Covici) (12/19/90)
Index Number: 12521
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 transmissability to the general
public. Such list shall be updated annually.
(2) Applications. In any case in which an individual has an
infectious or communicable disease that is transmitted to others
through the handling of food, that is included on the list
developed by the Secretary of Health and Human Services under
paragraph (1), and which cannot be eliminated by reasonable
accommodation, a covered entity may refuse to assign or continue to
assign such individual to a job involving food handling.
(3) Construction. Nothing in this Act shall be construed to
preempt, modify, or amend any State, county, or local law,
ordinance, or regulation applicable to food handling which is
designed to protect the public health from individuals who pose a
significant risk to the health or safety of others, which cannot be
eliminated by reasonable accommodation, pursuant to the list of
infectious or communicable diseases and the modes of
transmissability published by the Secretary of Health and Human
Services.
Sec. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
(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.
End of part 2covici@ccs.portal.com (John Covici) (12/19/90)
Index Number: 12522
(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 areaare not disproportionate to the overall
alterations in terms of cost and scope (as determined under
criteria established by the Attorney General).
(b) Special Rule for Stations.
(1) General rule. For purposes of section 202 of this Act and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it
shall be considered discrimination for a public entity that
provides 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.
End of part 3covici@ccs.portal.com (John Covici) (12/19/90)
Index Number: 12523
(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 wheelchairs. Single-level passenger coaches
shall be required to
(i) be able to be entered by an individual who uses a
wheelchair;
(ii) have space to park and secure a wheelchair;
(iii) have a seat to which a passenger in a wheelchair
can transfer, and a space to fold and store such 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 wheelchair), or space to store and
fold a wheelchair is available in the dining car at the time such
passenger wishes to eat (if such passenger wishes to transfer to a
dining car seat); and
(ii) appropriate auxiliary aids and services, including
a hard surface on which to eat, shall be provided to ensure that
other equivalent food service is available to individuals with
disabilities, including individuals who use wheelchairs, and to
passengers traveling with such individuals. Unless not practicable,
a person providing intercity rail transportation shall place an
accessible car adjacent to the end of a dining car described in
clause (i) through which an 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 section504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), a requirement that a rail passenger car used in commuter rail
transportation be accessible to or readily accessible to and usable
by individuals with disabilities, including individuals who use
wheelchairs, shall not be construed to require
(i) a restroom usable by an individual who uses a
wheelchair if no restroom is provided in such car for any
passenger;
(ii) space to fold and store a wheelchair; or
(iii) a seat to which a passenger who uses a wheelchair
can transfer.
(c) Used Rail Cars. It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to
purchase or lease a used rail passenger car for use in intercity or
commuter rail transportation, unless such person makes
demonstrated good faith efforts to purchase or lease a used rail
car that is readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, as
prescribed by the Secretary of Transportation in regulations issued
under section 244.
(d) Remanufactured Rail Cars.
(1) Remanufacturing. It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to
remanufacture a rail passenger car for use in intercity or commuter
rail transportation so as to extend its usable life for 10 years or
more, unless the rail car, to the maximum extent feasible, is made
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as prescribed by the
Secretary of Transportation in regulations issued under section
244.
(2) Purchase or lease. It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to
purchase or lease a remanufactured rail passenger car for use in
intercity or commuter rail transportation unless such car was
remanufactured in accordance with paragraph (1).
(e) Stations.
(1) New stations. It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to build a
new station for use in intercity or commuter rail transportation
that is not readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, as
prescribed by the Secretary of Transportation in regulations issued
under section 244.
(2) Existing stations.
(A) Failure to make readily accessible.
(i) General rule. It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29U.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 soon as practicable, but in no event later than 20
years after the date of enactment of this Act.
(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:n
(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.
End of part 4covici@ccs.portal.com (John Covici) (12/19/90)
Index Number: 12524
(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 ffect on expenses and resources, or the
impact otherwise of such action upon he operation of the facility;
(C) the overall financial resources of the covered
entity; the verall size of the business of a covered entity with
respect to the number of ts 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 ntity; the geographic separateness,
administrative or fiscal relationship of he facility or facilities
in question to the covered entity.
(10) Specified public transportation. The term ``specified
public ransportation'' means transportation by bus, rail, or any
other conveyance other than by aircraft) that provides the general
public with general or pecial service (including charter service)
on a regular and continuing basis.
(11) Vehicle. The term ``vehicle'' does not include a rail
passenger ar, railroad locomotive, railroad freight car, railroad
caboose, or a railroad ar 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 asis of disability in the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or
accommodations of any place of public ccommodation by any person
who owns, leases (or leases to), or operates a lace of public
accommodation.
(b) Construction.
(1) General prohibition.
(A) Activities.
(i) Denial of participation. It shall be discriminatory
to ubject an individual or class of individuals on the basis of a
disability or isabilities of such individual or class, directly, or
through contractual, licensing, or other arrangements, to a denial
of the opportunity of the ndividual 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 fford an individual or class of individuals, on
the basis of a disability or isabilities of such individual or
class, directly, or through contractual, licensing, or other
arrangements with the opportunity to participate in or enefit from
a good, service, facility, privilege, advantage, or accommodation
hat is not equal to that afforded to other individuals.
(iii) Separate benefit. It shall be discriminatory to
provide an ndividual or class of individuals, on the basis of a
disability or isabilities 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 ther individuals,
unless such action is necessary to provide the individual or lass
of individuals with a good, service, facility, privilege,
advantage, or accommodation, or other opportunity that is as
effective as that rovided to others.
(iv) Individual or class of individuals. For purposes of
clauses (i) hrough (iii) of this subparagraph, the term
``individual or class f individuals'' refers to the clients or
customers of the covered public ccommodation 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 isability in the most integrated setting
appropriate to the needs of the ndividual.
(C) Opportunity to participate. Notwithstanding the
existence of eparate or different programs or activities provided
in accordance with this ection, an individual with a disability
shall not be denied the opportunity to articipate 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 riteria 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 ommon administrative control.
(E) Association. It shall be discriminatory to exclude or
otherwise eny equal goods, services, facilities, privileges,
advantages, accommodations, or other opportunities to an individual
or entity because of the known isability of an individual with
whom the individual or entity is known to have 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 ut or tend to screen out an individual with a
disability or any class of ndividuals with disabilities from fully
and equally enjoying any goods, services, facilities, privileges,
advantages, or accommodations, unless such riteria 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 oods, services, facilities, privileges,
advantages, or accommodations to ndividuals with disabilities,
unless the entity can demonstrate that making uch 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 o individual with a disability is excluded, denied
services, segregated or therwise treated differently than other
individuals because of the absence of uxiliary 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 wheelchairs, equivalent to the level
of service provided to individuals without disabilities.
(C) Demand responsive system. For purposes of subsection
(a), discrimination includes
(i) a failure of a private entity which operates a demand
responsive system and which is not subject to section 304 to
operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with disabilities,
including individuals who use wheelchairs, equivalent to the level
of service provided to individuals without disabilities; and
(ii) the purchase or lease by such entity for use on such
system of a vehicle with a seating capacity in excess of 16
passengers (including the driver), for which solicitations are made
after the 30th day following the effective date of this
subparagraph, that is not readily accessible to and usable by
individuals with disabilities (including individuals who use
wheelchairs) unless such entity can demonstrate that such system,
when viewed in its entirety, provides a level of service to
individuals with disabilities equivalent to that provided to
individuals without disabilities.
(D) Over-the- road buses.
(i) Limitation on applicability. Subparagraphs (B) and
(C) do not apply to over-the-road buses.
(ii) Accessibility requirements. For purposes of
subsection (a), discrimination includes (I) the purchase or lease
of an over-the-road bus which does not comply with the regulations
issued under section 306(a)(2) by a private entity which provides
transportation of individuals and which is not primarily engaged in
the business of transporting people, and (II) any other failure of
such entity to comply with such regulations.
(3) Specific Construction. Nothing in this title shall require
an entity to permit an individual to participate in or benefit from
the goods, services, facilities, privileges, advantages and
accommodations of such entity where such individual poses a direct
threat to the health or safety of others. The term ``direct
threat'' means a significant risk to the health or safety of others
that cannot be eliminated by a modification of policies, practices,
or procedures or by the provision of auxiliary aids or services.
Sec. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC ACCOMMODATIONS
And COMMERCIAL FACILITIES.
(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 kindividuals 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 kcategory of such facilities requires
the installation of elevators based on the kusage 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 isprimarily 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 fter the 30th day following the
effective date of this section that is not eadily accessible to or
usable by individuals with disabilities, including ndividuals who
use wheelchairs; except that the new van need not be readily
ccessible to and usable by such individuals if the entity can
demonstrate that he system for which the van is being purchased or
leased, when viewed in its ntirety, 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 s to be used to provide specified public
transportation, and for which a olicitation is made later than 30
days after the effective date of this aragraph, that is not readily
accessible to and usable by individuals with isabilities, including
individuals who use wheelchairs; and
(7) the remanufacture by such entity of a rail passenger car
hat is to be used to provide specified public transportation so as
to extend ts usable life for 10 years or more, or the purchase or
lease by such entity f such a rail car, unless the rail car, to the
maximum extent feasible, is ade 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 istorical or antiquated rail passenger
car, or a rail station served xclusively by such cars, or would
result in violation of any rule, regulation, standard, or order
issued by the Secretary of kTransportation 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 ntiquated rail passenger car'' means a rail
passenger car
(A) which is not less than 30 years old at the time of
its use for ransporting individuals;
(B) the manufacturer of which is no longer in the
business of anufacturing rail passenger cars; and
(C) which
(i) has a consequential association with events or persons
significant o the past; or
(ii) embodies, or is being restored to embody, the
distinctive haracteristics of a type of rail passenger car used in
the past, or to epresent 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 ver-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 sable by individuals with disabilities.
(3) The effectiveness of various methods of providing
accessibility to uch 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 esult 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 equirements on such service to
rural communities.
End of part 5covici@ccs.portal.com (John Covici) (12/19/90)
Index Number: 12525
(c) Advisory Committee. In conducting the study required by
subsection (a), the ffice of Technology Assessment shall establish
an advisory committee, which hall consist of
(1) members selected from among private operators and
manufacturers of ver-the-road buses;
(2) members selected from among individuals with disabilities,
particularly ndividuals 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 evices. 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) hall 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. 2000a(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 4 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 relayedconversation.
"(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.
End of part 6covici@ccs.portal.com (John Covici) (12/19/90)
Index Number: 12526
(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 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 reasonable
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 THE AGENCIES OF 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.
End of part 7covici@ccs.portal.com (John Covici) (12/19/90)
Index Number: 12527
(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.
Approved July 26, 1990
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LEGISLATIVE HISTORY-S. 933 (H.R. 2273):
HOUSE REPORTS: No. 101-485, Pt. 1 (Comm. on Public Works and
Transportation), Pt. 2 (Comm. on Education and Labor), Pt. 3
(Comm. on the Judiciary), and Pt. 4 (Comm. on Energy and
Commerce) all accompanying H.R. 2272; and No. 101-558 and No.
101-569 both from (Comm. of Conference).
SENATE REPORTS: No. 101-116 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD:
Vol. 135 (1989): Sept. 7, considered and passed by Senate.
Vol. 136 (1990): May 17, 22, H.R. 2273 considered and passed House;
S. 933 passed in lieu.
July 11, Senate recommitted conference report.
July 12, House agreed to conference report.
July 13, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): July
/26, Presidential remarks and statement.
End of part 8