[misc.handicap] Entire text of ADA

wtm@bunker.uucp (Bill McGarry) (10/13/90)

Index Number: 11114

[Note from Bill McGarry: This is the complete text of the Americans
 with Disabilities Act of 1990 (ADA) and comes from the Department
 of Justice.]

[Part 1 of 6]

 Bill Outline
S.933
    As finally approved by the House and Senate (Enrolled), AT THE SECOND
      SESSION
Showing the Outline of the Entire Bill

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 Item  Lines   Title/Heading
 ---- ------- ---------------
  1: (    7) Preamble
  2: (    5) Official Title
 
  3: (  176) SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  4: (   59) SEC. 2. FINDINGS AND PURPOSES.
  5: (   22) SEC. 3. DEFINITIONS.
 
  6: (  347) TITLE I--EMPLOYMENT
  7: (   85) SEC. 101. DEFINITIONS.
  8: (  102) SEC. 102. DISCRIMINATION.
  9: (   46) SEC. 103. DEFENSES.
 10: (   75) SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
 11: (    6) SEC. 105. POSTING NOTICES.
 12: (    5) SEC. 106. REGULATIONS.
 13: (   25) SEC. 107. ENFORCEMENT.
 14: (    2) SEC. 108. EFFECTIVE DATE.
 
 15: (    1) TITLE II--PUBLIC SERVICES
 
 16: (   58) Subtitle A--Prohibition Against Discrimination and Other
                 Generally Applicable Provisions
 17: (   17) SEC. 201. DEFINITION.
 18: (    6) SEC. 202. DISCRIMINATION.
 19: (    5) SEC. 203. ENFORCEMENT.
 20: (   23) SEC. 204. REGULATIONS.
 21: (    5) SEC. 205. EFFECTIVE DATE.
 
 22: (  757) Subtitle B--Actions Applicable to Public Transportation Provided
                 by Public Entities Considered Discriminatory
 23: (   27) PART I--PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN
                 RAIL OPERATIONS
               SEC. 221. DEFINITIONS.
 24: (   50) SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS.
 25: (  142) SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE.
 26: (   11) SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM.
 27: (   26) SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE.
 28: (    7) SEC. 226. NEW FACILITIES.
 29: (   99) SEC. 227. ALTERATIONS OF EXISTING FACILITIES.
 30: (   10) SEC. 229. REGULATIONS.
 31: (   17) SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS.
 32: (    6) SEC. 231. EFFECTIVE DATE.
 33: (  318) PART II--PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL
               SEC. 241. DEFINITIONS.
 34: (    5) SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS.
 35: (    4) SEC. 244. REGULATIONS.
 36: (   27) SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS.
 37: (    5) SEC. 246. EFFECTIVE DATE.
 
 38: (  630) TITLE III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE
                 ENTITIES
 39: (  372) SEC. 301. DEFINITIONS.
 40: (   59) SEC. 305. STUDY.
 41: (   94) SEC. 306. REGULATIONS.
 42: (   81) SEC. 308. ENFORCEMENT.
 43: (    6) SEC. 309. EXAMINATIONS AND COURSES.
 44: (   16) SEC. 310. EFFECTIVE DATE.
 
 45: (  179) TITLE IV--TELECOMMUNICATIONS
 46: (  159) "SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND
                 SPEECH- IMPAIRED INDIVIDUALS.
 47: (    3) SEC. 402. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
 48: (   11) "SEC. 711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
 
 49: (  426) TITLE V--MISCELLANEOUS PROVISIONS
 50: (   34) SEC. 501. CONSTRUCTION.
 51: (    8) SEC. 502. STATE IMMUNITY.
 52: (   48) SEC. 503. PROHIBITION AGAINST RETALIATION AND COERCION.
 53: (    6) SEC. 505. ATTORNEY'S FEES.
 54: (   72) SEC. 506. TECHNICAL ASSISTANCE.
 55: (   20) SEC. 507. FEDERAL WILDERNESS AREAS.
 56: (  119) SEC. 508. TRANSVESTITES.
 57: (   35) SEC. 510. ILLEGAL USE OF DRUGS.
 58: (   12) SEC. 511. DEFINITIONS.
 59: (   57) SEC. 512. AMENDMENTS TO THE REHABILITATION ACT.
 60: (    5) SEC. 513. ALTERNATIVE MEANS OF DISPUTE RESOLUTION.
 61: (    9) SEC. 514. SEVERABILITY.

 

Bull Text of Bill
S.933
    As finally approved by the House and Senate (Enrolled), AT THE SECOND
      SESSION

KEY:  << ... >> indicates struck-through text in printed version
      {{ ... }} indicates bold parenthesis (usually numbered Senate amendments)
      [[ ... ]] indicates bold brackets in printed version
 
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                                    S.933                                    
         One Hundred First Congress of the United States of America          
                            AT THE SECOND SESSION                            
            Begun and held at the City of Washington on Tuesday,             
    the twenty-third day of January, one thousand nine hundred and ninety    

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  (a) Short Title.--This Act may be cited as the "Americans with
Disabilities Act of 1990".
  (b) Table of Contents.--The table of contents is as follows:
 
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
 
                             TITLE I--EMPLOYMENT                             
Sec. 101. Definitions.
Sec. 102. Discrimination.
Sec. 103. Defenses.
Sec. 104. Illegal use of drugs and alcohol.
Sec. 105. Posting notices.
Sec. 106. Regulations.
Sec. 107. Enforcement.
Sec. 108. Effective date.
 
                          TITLE II--PUBLIC SERVICES                          
 
     Subtitle A--Prohibition Against Discrimination and Other Generally      
                            Applicable Provisions                            
Sec. 201. Definition.
Sec. 202. Discrimination.
Sec. 203. Enforcement.
Sec. 204. Regulations.
Sec. 205. Effective date.
 
 Subtitle B--Actions Applicable to Public Transportation Provided by Public  
                     Entities Considered Discriminatory                      
 
    Part I--Public Transportation Other Than by Aircraft or Certain Rail     
                                 Operations                                  
Sec. 221. Definitions.
Sec. 222. Public entities operating fixed route systems.
Sec. 223. Paratransit as a complement to fixed route service.
Sec. 224. Public entity operating a demand responsive system.
Sec. 225. Temporary relief where lifts are unavailable.
Sec. 226. New facilities.
Sec. 227. Alterations of existing facilities.
Sec. 228. Public transportation programs and activities in existing
                facilities and one car per train rule.
Sec. 229. Regulations.
Sec. 230. Interim accessibility requirements.
Sec. 231. Effective date.
 
        Part II--Public Transportation by Intercity and Commuter Rail        
Sec. 241. Definitions.
Sec. 242. Intercity and commuter rail actions considered discriminatory.
Sec. 243. Conformance of accessibility standards.
Sec. 244. Regulations.
Sec. 245. Interim accessibility requirements.
Sec. 246. Effective date.
 
 TITLE III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES  
Sec. 301. Definitions.
Sec. 302. Prohibition of discrimination by public accommodations.
Sec. 303. New construction and alterations in public accommodations and
                commercial facilities.
Sec. 304. Prohibition of discrimination in specified public transportation
                services 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 1]

wtm@bunker.uucp (Bill McGarry) (10/13/90)

Index Number: 11115

[Part 2 of 6]

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.
  (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.

[End of part 2]

wtm@bunker.uucp (Bill McGarry) (10/13/90)

Index Number: 11116

[Part 3 of 6]

SEC. 227. ALTERATIONS OF EXISTING FACILITIES.
  (a) General Rule.--With respect to alterations of an existing facility or
part thereof used in the provision of designated public transportation
services that affect or could affect the usability of the facility or part
thereof, it shall be considered discrimination, for purposes of section 202
of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), for a public entity to fail to make such alterations (or to ensure
that the alterations are made) in such a manner that, to the maximum extent
feasible, the altered portions of the facility are readily accessible to and
usable by individuals with disabilities, including individuals who use
wheelchairs, upon the completion of such alterations. Where the public
entity is undertaking an alteration that affects or could affect usability
of or access to an area of the facility containing a primary function, the
entity shall also make the alterations in such a manner that, to the maximum
extent feasible, the path of travel to the altered area and the bathrooms,
telephones, and drinking fountains serving the altered area, are readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, upon completion of such alterations, where
such alterations to the path of travel or the bathrooms, telephones, and
drinking fountains serving the altered area are not 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.
      (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
        section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), a
        requirement that a rail passenger car used in commuter rail
        transportation be accessible to or readily accessible to and usable
        by individuals with disabilities, including individuals who use
        wheelchairs, shall not be construed to require--
              (i) a restroom usable by an individual who uses a wheelchair
            if no restroom is provided in such car for any passenger;
              (ii) space to fold and store a wheelchair; or
              (iii) a seat to which a passenger who uses a wheelchair can
            transfer.
  (c) Used Rail Cars.--It shall be considered discrimination for purposes of
section 202 of this Act and section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794) for a person to purchase or lease a used rail passenger car
for use in intercity or commuter rail transportation, unless such person
makes demonstrated good faith efforts to purchase or lease a used rail car
that is readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as prescribed by the Secretary of
Transportation in regulations issued under section 244.
  (d) Remanufactured Rail Cars.--
      (1) Remanufacturing.--It shall be considered discrimination for
    purposes of section 202 of this Act and section 504 of the
    Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to remanufacture
    a rail passenger car for use in intercity or commuter rail
    transportation so as to extend its usable life for 10 years or more,
    unless the rail car, to the maximum extent feasible, is made readily
    accessible to and usable by individuals with disabilities, including
    individuals who use wheelchairs, as prescribed by the Secretary of
    Transportation in regulations issued under section 244.
      (2) Purchase or lease.--It shall be considered discrimination for
    purposes of section 202 of this Act and section 504 of the
    Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to purchase or
    lease a remanufactured rail passenger car for use in intercity or
    commuter rail transportation unless such car was remanufactured in
    accordance with paragraph (1).
  (e) Stations.--
      (1) New stations.--It shall be considered discrimination for purposes
    of section 202 of this Act and section 504 of the Rehabilitation Act of
    1973 (29 U.S.C. 794) for a person to build a new station for use in
    intercity or commuter rail transportation that is not readily accessible
    to and usable by individuals with disabilities, including individuals
    who use wheelchairs, as prescribed by the Secretary of Transportation in
    regulations issued under section 244.
      (2) Existing stations.--
          (A) Failure to make readily accessible.--
              (i) General rule.--It shall be considered discrimination for
            purposes of section 202 of this Act and section 504 of the
            Rehabilitation Act of 1973 (29 U.S.C. 794) for a responsible
            person to fail to make existing stations in the intercity rail
            transportation system, and existing key stations in commuter
            rail transportation systems, readily accessible to and usable by
            individuals with disabilities, including individuals who use
            wheelchairs, as prescribed by the Secretary of Transportation in
            regulations issued under section 244.
              (ii) Period for compliance.--
                  (I) Intercity rail.--All stations in the intercity rail
                transportation system shall be made readily accessible to
                and usable by individuals with disabilities, including
                individuals who use wheelchairs, as soon as practicable, but
                in no event later than 20 years after the date of enactment
                of this Act.
                  (II) Commuter rail.--Key stations in commuter rail
                transportation systems shall be made readily accessible to
                and usable by individuals with disabilities, including
                individuals who use wheelchairs, as soon as practicable but
                in no event later than 3 years after the date of enactment
                of this Act, except that the time limit may be extended by
                the Secretary of Transportation up to 20 years after the
                date of enactment of this Act in a case where the raising of
                the entire passenger platform is the only means available of
                attaining accessibility or where other extraordinarily
                expensive structural changes are necessary to attain
                accessibility.
              (iii) Designation of key stations.--Each commuter authority
            shall designate the key stations in its commuter rail
            transportation system, in consultation with individuals with
            disabilities and organizations representing such individuals,
            taking into consideration such factors as high ridership and
            whether such station serves as a transfer or feeder station.
            Before the final designation of key stations under this clause,
            a commuter authority shall hold a public hearing.
              (iv) Plans and milestones.--The Secretary of Transportation
            shall require the appropriate person to develop a plan for
            carrying out this subparagraph that reflects consultation with
            individuals with disabilities affected by such plan and that
            establishes milestones for achievement of the requirements of
            this subparagraph.
          (B) Requirement when making alterations.--
              (i) General rule.--It shall be considered discrimination, for
            purposes of section 202 of this Act and section 504 of the
            Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to
            alterations of an existing station or part thereof in the
            intercity or commuter rail transportation systems that affect or
            could affect the usability of the station or part thereof, for
            the responsible person, owner, or person in control of the
            station to fail to make the alterations in such a manner that,
            to the maximum extent feasible, the altered portions of the
            station are readily accessible to and usable by individuals with
            disabilities, including individuals who use wheelchairs, upon
            completion of such alterations.
              (ii) Alterations to a primary function area.--It shall be
            considered discrimination, for purposes of section 202 of this
            Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
            794), with respect to alterations that affect or could affect
            the usability of or access to an area of the station containing
            a primary function, for the responsible person, owner, or person
            in control of the station to fail to 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.

[End of part 3]

wtm@bunker.uucp (Bill McGarry) (10/13/90)

Index Number: 11117

[Part 4 of 6]

            TITLE III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED
                              BY PRIVATE ENTITIES                  

SEC. 301. DEFINITIONS.
  As used in this title:
      (1) Commerce.--The term "commerce" means travel, trade, traffic,
    commerce, transportation, or communication--
          (A) among the several States;
          (B) between any foreign country or any territory or possession and
        any State; or
          (C) between points in the same State but through another State or
        foreign country.
      (2) Commercial facilities.--The term "commercial facilities" means
    facilities--
          (A) that are intended for nonresidential use; and
          (B) whose operations will affect commerce.
    Such term shall not include railroad locomotives, railroad freight cars,
    railroad cabooses, railroad cars described in section 242 or covered
    under this title, railroad rights-of-way, or facilities that are covered
    or expressly exempted from coverage under the Fair Housing Act of 1968
    (42 U.S.C. 3601 et seq.).
      (3) Demand responsive system.--The term "demand responsive system"
    means any system of providing transportation of individuals by a
    vehicle, other than a system which is a fixed route system.
      (4) Fixed route system.--The term "fixed route system" means a system
    of providing transportation of individuals (other than by aircraft) on
    which a vehicle is operated along a prescribed route according to a
    fixed schedule.
      (5) Over-the-road bus.--The term "over-the-road bus" means a bus
    characterized by an elevated passenger deck located over a baggage
    compartment.
      (6) Private entity.--The term "private entity" means any entity other
    than a public entity (as defined in section 201(1)).
      (7) Public accommodation.--The following private entities are
    considered public accommodations for purposes of this title, if the
    operations of such entities affect commerce--
          (A) an inn, hotel, motel, or other place of lodging, except for an
        establishment located within a building that contains not more than
        five rooms for rent or hire and that is actually occupied by the
        proprietor of such establishment as the residence of such proprietor;
          (B) a restaurant, bar, or other establishment serving food or
        drink;
          (C) a motion picture house, theater, concert hall, stadium, or
        other place of exhibition or entertainment;
          (D) an auditorium, convention center, lecture hall, or other place
        of public gathering;
          (E) a bakery, grocery store, clothing store, hardware store,
        shopping center, or other sales or rental establishment;
          (F) a laundromat, dry-cleaner, bank, barber shop, beauty shop,
        travel service, shoe repair service, funeral parlor, gas station,
        office of an accountant or lawyer, pharmacy, insurance office,
        professional office of a health care provider, hospital, or other
        service establishment;
          (G) a terminal, depot, or other station used for specified public
        transportation;
          (H) a museum, library, gallery, or other place of public display
        or collection;
          (I) a park, zoo, amusement park, or other place of recreation;
          (J) a nursery, elementary, secondary, undergraduate, or
        postgraduate private school, or other place of education;
          (K) a day care center, senior citizen center, homeless shelter,
        food bank, adoption agency, or other social service center
        establishment; and
          (L) a gymnasium, health spa, bowling alley, golf course, or other
        place of exercise or recreation.
      (8) Rail and railroad.--The terms "rail" and "railroad" have the
    meaning given the term "railroad" in section 202(e) of the Federal
    Railroad Safety Act of 1970 (45 U.S.C. 431(e)).
      (9) Readily achievable.--The term "readily achievable" means easily
    accomplishable and able to be carried out without much difficulty or
    expense. In determining whether an action is readily achievable, factors
    to be considered include--
          (A) the nature and cost of the action needed under this Act;
          (B) the overall financial resources of the facility or facilities
        involved in the action; the number of persons employed at such
        facility; the effect on expenses and resources, or the impact
        otherwise of such action upon the operation of the facility;
          (C) the overall financial resources of the covered entity; the
        overall size of the business of a covered entity with respect to the
        number of its employees; the number, type, and location of its
        facilities; and
          (D) the type of operation or operations of the covered entity,
        including the composition, structure, and functions of the workforce
        of such entity; the geographic separateness, administrative or
        fiscal relationship of the facility or facilities in question to the
        covered entity.
      (10) Specified public transportation.--The term "specified public
    transportation" means transportation by bus, rail, or any other
    conveyance (other than by aircraft) that provides the general public
    with general or special service (including charter service) on a regular
    and continuing basis.
      (11) Vehicle.--The term "vehicle" does not include a rail passenger
    car, railroad locomotive, railroad freight car, railroad caboose, or a
    railroad car described in section 242 or covered under this title.
    SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODATIONS.
  (a) General Rule.--No individual shall be discriminated against on the
basis of disability in the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of any place of public
accommodation by any person who owns, leases (or leases to), or operates a
place of public accommodation.
  (b) Construction.--
      (1) General prohibition.--
          (A) Activities.--
              (i) Denial of participation.--It shall be discriminatory to
            subject an individual or class of individuals on the basis of a
            disability or disabilities of such individual or class,
            directly, or through contractual, licensing, or other
            arrangements, to a denial of the opportunity of the individual
            or class to participate in or benefit from the goods, services,
            facilities, privileges, advantages, or accommodations of an
            entity.
              (ii) Participation in unequal benefit.--It shall be
            discriminatory to afford an individual or class of individuals,
            on the basis of a disability or disabilities of such individual
            or class, directly, or through contractual, licensing, or other
            arrangements with the opportunity to participate in or benefit
            from a good, service, facility, privilege, advantage, or
            accommodation that is not equal to that afforded to other
            individuals.
              (iii) Separate benefit.--It shall be discriminatory to provide
            an individual or class of individuals, on the basis of a
            disability or disabilities of such individual or class,
            directly, or through contractual, licensing, or other
            arrangements with a good, service, facility, privilege,
            advantage, or accommodation that is different or separate from
            that provided to other individuals, unless such action is
            necessary to provide the individual or class of individuals with
            a good, service, facility, privilege, advantage, or
            accommodation, or other opportunity that is as effective as that
            provided to others.
              (iv) Individual or class of individuals.--For purposes of
            clauses (i) through (iii) of this subparagraph, the term
            "individual or class of individuals" refers to the clients or
            customers of the covered public accommodation that enters into
            the contractual, licensing or other arrangement.
          (B) Integrated settings.--Goods, services, facilities, privileges,
        advantages, and accommodations shall be afforded to an individual
        with a disability in the most integrated setting appropriate to the
        needs of the individual.
          (C) Opportunity to participate.--Notwithstanding the existence of
        separate or different programs or activities provided in accordance
        with this section, an individual with a disability shall not be
        denied the opportunity to participate in such programs or activities
        that are not separate or different.
          (D) Administrative methods.--An individual or entity shall not,
        directly or through contractual or other arrangements, utilize
        standards or criteria or methods of administration--
              (i) that have the effect of discriminating on the basis of
            disability; or
              (ii) that perpetuate the discrimination of others who are
            subject to common administrative control.
          (E) Association.--It shall be discriminatory to exclude or
        otherwise deny equal goods, services, facilities, privileges,
        advantages, accommodations, or other opportunities to an individual
        or entity because of the known disability of an individual with whom
        the individual or entity is known to have a relationship or
        association.
      (2) Specific prohibitions.--
          (A) Discrimination.--For purposes of subsection (a),
        discrimination includes--
              (i) the imposition or application of eligibility criteria that
            screen out or tend to screen out an individual with a disability
            or any class of individuals with disabilities from fully and
            equally enjoying any goods, services, facilities, privileges,
            advantages, or accommodations, unless such criteria can be shown
            to be necessary for the provision of the goods, services,
            facilities, privileges, advantages, or accommodations being
            offered;
              (ii) a failure to make reasonable modifications in policies,
            practices, or procedures, when such modifications are necessary
            to afford such goods, services, facilities, privileges,
            advantages, or accommodations to individuals with disabilities,
            unless the entity can demonstrate that making such modifications
            would fundamentally alter the nature of such goods, services,
            facilities, privileges, advantages, or accommodations;
              (iii) a failure to take such steps as may be necessary to
            ensure that no individual with a disability is excluded, denied
            services, segregated or otherwise treated differently than other
            individuals because of the absence of auxiliary aids and
            services, unless the entity can demonstrate that taking such
            steps would fundamentally alter the nature of the good, service,
            facility, privilege, advantage, or accommodation being offered
            or would result in an undue burden;
              (iv) a failure to remove architectural barriers, and
            communication barriers that are structural in nature, in
            existing facilities, and transportation barriers in existing
            vehicles and rail passenger cars used by an establishment for
            transporting individuals (not including barriers that can only
            be removed through the retrofitting of vehicles or rail
            passenger cars by the installation of a hydraulic or other
            lift), where such removal is readily achievable; and
              (v) where an entity can demonstrate that the removal of a
            barrier under clause (iv) is not readily achievable, a failure
            to make such goods, services, facilities, privileges,
            advantages, or accommodations available through alternative
            methods if such methods are readily achievable.
          (B) Fixed route system.--
              (i) Accessibility.--It shall be considered discrimination for
            a private entity which operates a fixed route system and which
            is not subject to section 304 to purchase or lease a vehicle
            with a seating capacity in excess of 16 passengers (including
            the driver) for use on such system, for which a solicitation is
            made after the 30th day following the effective date of this
            subparagraph, that is not readily accessible to and usable by
            individuals with disabilities, including individuals who use
            wheelchairs.
              (ii) Equivalent service.--If a private entity which operates a
            fixed route system and which is not subject to section 304
            purchases or leases a vehicle with a seating capacity of 16
            passengers or less (including the driver) for use on such system
            after the effective date of this subparagraph that is not
            readily accessible to or usable by individuals with
            disabilities, it shall be considered discrimination for such
            entity to fail to operate such system so that, when viewed in
            its entirety, such system ensures a level of service to
            individuals with disabilities, including individuals who use
            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 individuals with disabilities, including individuals who
    use wheelchairs. Where the entity is undertaking an alteration that
    affects or could affect usability of or access to an area of the
    facility containing a primary function, the entity shall also make the
    alterations in such a manner that, to the maximum extent feasible, the
    path of travel to the altered area and the bathrooms, telephones, and
    drinking fountains serving the altered area, are readily accessible to
    and usable by individuals with disabilities where such alterations to
    the path of travel or the bathrooms, telephones, and drinking fountains
    serving the altered area are not disproportionate to the overall
    alterations in terms of cost and scope (as determined under criteria
    established by the Attorney General).
  (b) Elevator.--Subsection (a) shall not be construed to require the
installation of an elevator for facilities that are less than three stories
or have less than 3,000 square feet per story unless the building is a
shopping center, a shopping mall, or the professional office of a health
care provider or unless the Attorney General determines that a particular
category of such facilities requires the installation of elevators based on
the usage of such facilities.
    SEC. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC
                TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES.
  (a) General Rule.--No individual shall be discriminated against on the
basis of disability in the full and equal enjoyment of specified public
transportation services provided by a private entity that is primarily
engaged in the business of transporting people and whose operations affect
commerce.
  (b) Construction.--For purposes of subsection (a), discrimination
includes--
      (1) the imposition or application by a entity described in subsection
    (a) of eligibility criteria that screen out or tend to screen out an
    individual with a disability or any class of individuals with
    disabilities from fully enjoying the specified public transportation
    services provided by the entity, unless such criteria can be shown to be
    necessary for the provision of the services being offered;
      (2) the failure of such entity to--
          (A) make reasonable modifications consistent with those required
        under section 302(b)(2)(A)(ii);
          (B) provide auxiliary aids and services consistent with the
        requirements of section 302(b)(2)(A)(iii); and
          (C) remove barriers consistent with the requirements of section
        302(b)(2)(A) and with the requirements of section 303(a)(2);
      (3) the purchase or lease by such entity of a new vehicle (other than
    an automobile, a van with a seating capacity of less than 8 passengers,
    including the driver, or an over-the-road bus) which is to be used to
    provide specified public transportation and for which a solicitation is
    made after the 30th day following the effective date of this section,
    that is not readily accessible to and usable by individuals with
    disabilities, including individuals who use wheelchairs; except that the
    new vehicle need not be readily accessible to and usable by such
    individuals if the new vehicle is to be used solely in a demand
    responsive system and if the entity can demonstrate that such system,
    when viewed in its entirety, provides a level of service to such
    individuals equivalent to the level of service provided to the general
    public;
      (4)(A) the purchase or lease by such entity of an over-the-road bus
    which does not comply with the regulations issued under section
    306(a)(2); and
      (B) any other failure of such entity to comply with such regulations;
    and
      (5) the purchase or lease by such entity of a new van with a seating
    capacity of less than 8 passengers, including the driver, which is to be
    used to provide specified public transportation and for which a
    solicitation is made after the 30th day following the effective date of
    this section that is not readily accessible to or usable by individuals
    with disabilities, including individuals who use wheelchairs; except
    that the new van need not be readily accessible to and usable by such
    individuals if the entity can demonstrate that the system for which the
    van is being purchased or leased, when viewed in its entirety, provides
    a level of service to such individuals equivalent to the level of
    service provided to the general public;
      (6) the purchase or lease by such entity of a new rail passenger car
    that is to be used to provide specified public transportation, and for
    which a solicitation is made later than 30 days after the effective date
    of this paragraph, that is not readily accessible to and usable by
    individuals with disabilities, including individuals who use
    wheelchairs; and
      (7) the remanufacture by such entity of a rail passenger car that is
    to be used to provide specified public transportation so as to extend
    its usable life for 10 years or more, or the purchase or lease by such
    entity of such a rail car, unless the rail car, to the maximum extent
    feasible, is made readily accessible to and usable by individuals with
    disabilities, including individuals who use wheelchairs.
  (c) Historical or Antiquated Cars.--
      (1) Exception.--To the extent that compliance with subsection
    (b)(2)(C) or (b)(7) would significantly alter the historic or antiquated
    character of a historical or antiquated rail passenger car, or a rail
    station served exclusively by such cars, or would result in violation of
    any rule, regulation, standard, or order issued by the Secretary of
    Transportation under the Federal Railroad Safety Act of 1970, such
    compliance shall not be required.
      (2) Definition.--As used in this subsection, the term "historical or
    antiquated rail passenger car" means a rail passenger car--
          (A) which is not less than 30 years old at the time of its use for
        transporting individuals;
          (B) the manufacturer of which is no longer in the business of
        manufacturing rail passenger cars; and
          (C) which--
              (i) has a consequential association with events or persons
            significant to the past; or
              (ii) embodies, or is being restored to embody, the distinctive
            characteristics of a type of rail passenger car used in the
            past, or to represent a time period which has passed.

SEC. 305. STUDY.
  (a) Purposes.--The Office of Technology Assessment shall undertake a study
to determine--
      (1) the access needs of individuals with disabilities to over-the-road
    buses and over-the-road bus service; and
      (2) the most cost-effective methods for providing access to
    over-the-road buses and over-the-road bus service to individuals with
    disabilities, particularly individuals who use wheelchairs, through all
    forms of boarding options.
  (b) Contents.--The study shall include, at a minimum, an analysis of the
following:
      (1) The anticipated demand by individuals with disabilities for
    accessible over-the-road buses and over-the-road bus service.
      (2) The degree to which such buses and service, including any service
    required under sections 304(b)(4) and 306(a)(2), are readily accessible
    to and usable by individuals with disabilities.
      (3) The effectiveness of various methods of providing accessibility to
    such buses and service to individuals with disabilities.
      (4) The cost of providing accessible over-the-road buses and bus
    service to individuals with disabilities, including consideration of
    recent technological and cost saving developments in equipment and
    devices.
      (5) Possible design changes in over-the-road buses that could enhance
    accessibility, including the installation of accessible restrooms which
    do not result in a loss of seating capacity.
      (6) The impact of accessibility requirements on the continuation of
    over-the-road bus service, with particular consideration of the impact
    of such requirements on such service to rural communities.
  (c) Advisory Committee.--In conducting the study required by subsection
(a), the Office of Technology Assessment shall establish an advisory
committee, which shall consist of--
      (1) members selected from among private operators and manufacturers of
    over-the-road buses;
      (2) members selected from among individuals with disabilities,
    particularly individuals who use wheelchairs, who are potential riders
    of such buses; and
      (3) members selected for their technical expertise on issues included
    in the study, including manufacturers of boarding assistance equipment
    and devices.
The number of members selected under each of paragraphs (1) and (2) shall be
equal, and the total number of members selected under paragraphs (1) and (2)
shall exceed the number of members selected under paragraph (3).
  (d) Deadline.--The study required by subsection (a), along with
recommendations by the Office of Technology Assessment, including any policy
options for legislative action, shall be submitted to the President and
Congress within 36 months after the date of the enactment of this Act. If
the President determines that compliance with the regulations issued
pursuant to section 306(a)(2)(B) on or before the applicable deadlines
specified in section 306(a)(2)(B) will result in a significant reduction in
intercity over-the-road bus service, the President shall extend each such
deadline by 1 year.
  (e) Review.--In developing the study required by subsection (a), the
Office of Technology Assessment shall provide a preliminary draft of such
study to the Architectural and Transportation Barriers Compliance Board
established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792). The Board shall have an opportunity to comment on such draft study,
and any such comments by the Board made in writing within 120 days after the
Board's receipt of the draft study shall be incorporated as part of the
final study required to be submitted under subsection (d).

SEC. 306. REGULATIONS.
  (a) Transportation Provisions.--
      (1) General rule.--Not later than 1 year after the date of the
    enactment of this Act, the Secretary of Transportation shall issue
    regulations in an accessible format to carry out sections 302(b)(2) (B)
    and (C) and to carry out section 304 (other than subsection (b)(4)).
      (2) Special rules for providing access to over-the-road buses.--
          (A) Interim requirements.--
              (i) Issuance.--Not later than 1 year after the date of the
            enactment of this Act, the Secretary of Transportation shall
            issue regulations in an accessible format to carry out sections
            304(b)(4) and 302(b)(2)(D)(ii) that require each private entity
            which uses an over-the-road bus to provide transportation of
            individuals to provide accessibility to such bus; except that
            such regulations shall not require any structural changes in
            over-the-road buses in order to provide access to individuals
            who use wheelchairs during the effective period of such
            regulations and shall not require the purchase of boarding
            assistance devices to provide access to such individuals.
              (ii) Effective period.--The regulations issued pursuant to
            this subparagraph shall be effective until the effective date of
            the regulations issued under subparagraph (B).
          (B) Final requirement.--
              (i) Review of study and interim requirements.--The Secretary
            shall review the study submitted under section 305 and the
            regulations issued pursuant to subparagraph (A).
              (ii) Issuance.--Not later than 1 year after the date of the
            submission of the study under section 305, the Secretary shall
            issue in an accessible format new regulations to carry out
            sections 304(b)(4) and 302(b)(2)(D)(ii) that require, taking
            into account the purposes of the study under section 305 and any
            recommendations resulting from such study, each private entity
            which uses an over-the-road bus to provide transportation to
            individuals to provide accessibility to such bus to individuals
            with disabilities, including individuals who use wheelchairs.
              (iii) Effective period.--Subject to section 305(d), the
            regulations issued pursuant to this subparagraph shall take
            effect--
                  (I) with respect to small providers of transportation (as
                defined by the Secretary), 7 years after the date of the
                enactment of this Act; and
                  (II) with respect to other providers of transportation, 6
                years after such date of enactment.
          (C) Limitation on requiring installation of accessible
        restrooms.--The regulations issued pursuant to this paragraph shall
        not require the installation of accessible restrooms in
        over-the-road buses if such installation would result in a loss of
        seating capacity.
      (3) Standards.--The regulations issued pursuant to this subsection
    shall include standards applicable to facilities and vehicles covered by
    sections 302(b)(2) and 304.
  (b) Other Provisions.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall issue regulations in an
accessible format to carry out the provisions of this title not referred to
in subsection (a) that include standards applicable to facilities and
vehicles covered under section 302.
  (c) Consistency With ATBCB Guidelines.--Standards included in regulations
issued under subsections (a) and (b) shall be consistent with the minimum
guidelines and requirements issued by the Architectural and Transportation
Barriers Compliance Board in accordance with section 504 of this Act.
  (d) Interim Accessibility Standards.--
      (1) Facilities.--If final regulations have not been issued pursuant to
    this section, for new construction or alterations for which a valid and
    appropriate State or local building permit is obtained prior to the
    issuance of final regulations under this section, and for which the
    construction or alteration authorized by such permit begins within one
    year of the receipt of such permit and is completed under the terms of
    such permit, compliance with the Uniform Federal Accessibility Standards
    in effect at the time the building permit is issued shall suffice to
    satisfy the requirement that facilities be readily accessible to and
    usable by persons with disabilities as required under section 303,
    except that, if such final regulations have not been issued one year
    after the Architectural and Transportation Barriers Compliance Board has
    issued the supplemental minimum guidelines required under section 504(a)
    of this Act, compliance with such supplemental minimum guidelines shall
    be necessary to satisfy the requirement that facilities be readily
    accessible to and usable by persons with disabilities prior to issuance
    of the final regulations.
      (2) Vehicles and rail passenger cars.--If final regulations have not
    been issued pursuant to this section, a private entity shall be
    considered to have complied with the requirements of this title, if any,
    that a vehicle or rail passenger car be readily accessible to and usable
    by individuals with disabilities, if the design for such vehicle or car
    complies with the laws and regulations (including the Minimum Guidelines
    and Requirements for Accessible Design and such supplemental minimum
    guidelines as are issued under section 504(a) of this Act) governing
    accessibility of such vehicles or cars, to the extent that such laws and
    regulations are not inconsistent with this title and are in effect at
    the time such design is substantially completed.
    SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS ORGANIZATIONS.
  The provisions of this title shall not apply to private clubs or
establishments exempted from coverage under title II of the Civil Rights Act
of 1964 (42 U.S.C. 2000-a(e)) or to religious organizations or entities
controlled by religious organizations, including places of worship.

[End of part 4]

wtm@bunker.uucp (Bill McGarry) (10/13/90)

Index Number: 11118

[Part 5 of 6]

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 HEARINGIMPAIRED AND
                SPEECH-IMPAIRED INDIVIDUALS.
  (a) Telecommunications.--Title II of the Communications Act of 1934 (47
U.S.C. 201 et seq.) is amended by adding at the end thereof the following
new section:

"SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND SPEECH
    IMPAIRED INDIVIDUALS.
  "(a) Definitions.--As used in this section--
      "(1) Common carrier or carrier.--The term 'common carrier' or
    'carrier' includes any common carrier engaged in interstate
    communication by wire or radio as defined in section 3(h) and any common
    carrier engaged in intrastate communication by wire or radio,
    notwithstanding sections 2(b) and 221(b).
      "(2) TDD.--The term 'TDD' means a Telecommunications Device for the
    Deaf, which is a machine that employs graphic communication in the
    transmission of coded signals through a wire or radio communication
    system.
      "(3) Telecommunications relay services.--The term 'telecommunications
    relay services' means telephone transmission services that provide the
    ability for an individual who has a hearing impairment or speech
    impairment to engage in communication by wire or radio with a hearing
    individual in a manner that is functionally equivalent to the ability of
    an individual who does not have a hearing impairment or speech
    impairment to communicate using voice communication services by wire or
    radio. Such term includes services that enable two-way communication
    between an individual who uses a TDD or other nonvoice terminal device
    and an individual who does not use such a device.
  "(b) Availability of Telecommunications Relay Services.--
      "(1) In general.--In order to carry out the purposes established under
    section 1, to make available to all individuals in the United States a
    rapid, efficient nationwide communication service, and to increase the
    utility of the telephone system of the Nation, the Commission shall
    ensure that interstate and intrastate telecommunications relay services
    are available, to the extent possible and in the most efficient manner,
    to hearing-impaired and speech-impaired individuals in the United States.
      "(2) Use of General Authority and Remedies.--For the purposes of
    administering and enforcing the provisions of this section and the
    regulations prescribed thereunder, the Commission shall have the same
    authority, power, and functions with respect to common carriers engaged
    in intrastate communication as the Commission has in administering and
    enforcing the provisions of this title with respect to any common
    carrier engaged in interstate communication. Any violation of this
    section by any common carrier engaged in intrastate communication shall
    be subject to the same remedies, penalties, and procedures as are
    applicable to a violation of this Act by a common carrier engaged in
    interstate communication.
  "(c) Provision of Services.--Each common carrier providing telephone voice
transmission services shall, not later than 3 years after the date of
enactment of this section, provide in compliance with the regulations
prescribed under this section, throughout the area in which it offers
service, telecommunications relay services, individually, through designees,
through a competitively selected vendor, or in concert with other carriers.
A common carrier shall be considered to be in compliance with such
regulations--
      "(1) with respect to intrastate telecommunications relay services in
    any State that does not have a certified program under subsection (f)
    and with respect to interstate telecommunications relay services, if
    such common carrier (or other entity through which the carrier is
    providing such relay services) is in compliance with the Commission's
    regulations under subsection (d); or
      "(2) with respect to intrastate telecommunications relay services in
    any State that has a certified program under subsection (f) for such
    State, if such common carrier (or other entity through which the carrier
    is providing such relay services) is in compliance with the program
    certified under subsection (f) for such State.
  "(d) Regulations.--
      "(1) In general.--The Commission shall, not later than 1 year after
    the date of enactment of this section, prescribe regulations to
    implement this section, including regulations that--
          "(A) establish functional requirements, guidelines, and operations
        procedures for telecommunications relay services;
          "(B) establish minimum standards that shall be met in carrying out
        subsection (c);
          "(C) require that telecommunications relay services operate every
        day for 24 hours per day;
          "(D) require that users of telecommunications relay services pay
        rates no greater than the rates paid for functionally equivalent
        voice communication services with respect to such factors as the
        duration of the call, the time of day, and the distance from point
        of origination to point of termination;
          "(E) prohibit relay operators from failing to fulfill the
        obligations of common carriers by refusing calls or limiting the
        length of calls that use telecommunications relay services;
          "(F) prohibit relay operators from disclosing the content of any
        relayed conversation and from keeping records of the content of any
        such conversation beyond the duration of the call; and
          "(G) prohibit relay operators from intentionally altering a
        relayed conversation.
      "(2) Technology.--The Commission shall ensure that regulations
    prescribed to implement this section encourage, consistent with section
    7(a) of this Act, the use of existing technology and do not discourage
    or impair the development of improved technology.
      "(3) Jurisdictional separation of costs.--
          "(A) In general.--Consistent with the provisions of section 410 of
        this Act, the Commission shall prescribe regulations governing the
        jurisdictional separation of costs for the services provided
        pursuant to this section.
          "(B) Recovering costs.--Such regulations shall generally provide
        that costs caused by interstate telecommunications relay services
        shall be recovered from all subscribers for every interstate service
        and costs caused by intrastate telecommunications relay services
        shall be recovered from the intrastate jurisdiction. In a State that
        has a certified program under subsection (f), a State commission
        shall permit a common carrier to recover the costs incurred in
        providing intrastate telecommunications relay services by a method
        consistent with the requirements of this section.
  "(e) Enforcement.--
      "(1) In general.--Subject to subsections (f) and (g), the Commission
    shall enforce this section.
      "(2) Complaint.--The Commission shall resolve, by final order, a
    complaint alleging a violation of this section within 180 days after the
    date such complaint is filed.
  "(f) Certification.--
      "(1) State documentation.--Any State desiring to establish a State
    program under this section shall submit documentation to the Commission
    that describes the program of such State for implementing intrastate
    telecommunications relay services and the procedures and remedies
    available for enforcing any requirements imposed by the State program.
      "(2) Requirements for certification.--After review of such
    documentation, the Commission shall certify the State program if the
    Commission determines that--
          "(A) the program makes available to hearing-impaired and
        speech-impaired individuals, either directly, through designees,
        through a competitively selected vendor, or through regulation of
        intrastate common carriers, intrastate telecommunications relay
        services in such State in a manner that meets or exceeds the
        requirements of regulations prescribed by the Commission under
        subsection (d); and
          "(B) the program makes available adequate procedures and remedies
        for enforcing the requirements of the State program.
      "(3) Method of funding.--Except as provided in subsection (d), the
    Commission shall not refuse to certify a State program based solely on
    the method such State will implement for funding intrastate
    telecommunication relay services.
      "(4) Suspension or revocation of certification.--The Commission may
    suspend or revoke such certification if, after notice and opportunity
    for hearing, the Commission determines that such certification is no
    longer warranted. In a State whose program has been suspended or
    revoked, the Commission shall take such steps as may be necessary,
    consistent with this section, to ensure continuity of telecommunications
    relay services.
  "(g) Complaint.--
      "(1) Referral of complaint.--If a complaint to the Commission alleges
    a violation of this section with respect to intrastate
    telecommunications relay services within a State and certification of
    the program of such State under subsection (f) is in effect, the
    Commission shall refer such complaint to such State.
      "(2) Jurisdiction of commission.--After referring a complaint to a
    State under paragraph (1), the Commission shall exercise jurisdiction
    over such complaint only if--
          "(A) final action under such State program has not been taken on
        such complaint by such State--
              "(i) within 180 days after the complaint is filed with such
            State; or
              "(ii) within a shorter period as prescribed by the regulations
            of such State; or
          "(B) the Commission determines that such State program is no
        longer qualified for certification under subsection (f).".
  (b) Conforming Amendments.--The Communications Act of 1934 (47 U.S.C. 151
et seq.) is amended--
      (1) in section 2(b) (47 U.S.C. 152(b)), by striking "section 224" and
    inserting "sections 224 and 225"; and
      (2) in section 221(b) (47 U.S.C. 221(b)), by striking "section 301"
    and inserting "sections 225 and 301".

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

"SEC. 711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
  "Any television public service announcement that is produced or funded in
whole or in part by any agency or instrumentality of Federal Government
shall include closed captioning of the verbal content of such announcement.
A television broadcast station licensee--
      "(1) shall not be required to supply closed captioning for any such
    announcement that fails to include it; and
      "(2) shall not be liable for broadcasting any such announcement
    without transmitting a closed caption unless the licensee intentionally
    fails to transmit the closed caption that was included with the
    announcement.".

                       TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. CONSTRUCTION.
  (a) In General.--Except as otherwise provided in this Act, nothing in this
Act shall be construed to apply a lesser standard than the standards applied
under title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or
the regulations issued by Federal agencies pursuant to such title.
  (b) Relationship to Other Laws.--Nothing in this Act shall be construed to
invalidate or limit the remedies, rights, and procedures of any Federal law
or law of any State or political subdivision of any State or jurisdiction
that provides greater or equal protection for the rights of individuals with
disabilities than are afforded by this Act. Nothing in this Act shall be
construed to preclude the prohibition of, or the imposition of restrictions
on, smoking in places of employment covered by title I, in transportation
covered by title II or III, or in places of public accommodation covered by
title III.
  (c) Insurance.--Titles I through IV of this Act shall not be construed to
prohibit or restrict--
      (1) an insurer, hospital or medical service company, health
    maintenance organization, or any agent, or entity that administers
    benefit plans, or similar organizations from underwriting risks,
    classifying risks, or administering such risks that are based on or not
    inconsistent with State law; or
      (2) a person or organization covered by this Act from establishing,
    sponsoring, observing or administering the terms of a bona fide benefit
    plan that are based on underwriting risks, classifying risks, or
    administering such risks that are based on or not inconsistent with
    State law; or
      (3) a person or organization covered by this Act from establishing,
    sponsoring, observing or administering the terms of a bona fide benefit
    plan that is not subject to State laws that regulate insurance.
Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the
purposes of title I and III.
  (d) Accommodations and Services.--Nothing in this Act shall be construed
to require an individual with a disability to accept an accommodation, aid,
service, opportunity, or benefit which such individual chooses not to accept.

SEC. 502. STATE IMMUNITY.
  A State shall not be immune under the eleventh amendment to the
Constitution of the United States from an action in Federal or State court
of competent jurisdiction for a violation of this Act. In any action against
a State for a violation of the requirements of this Act, remedies (including
remedies both at law and in equity) are available for such a violation to
the same extent as such remedies are available for such a violation in an
action against any public or private entity other than a State.

SEC. 503. PROHIBITION AGAINST RETALIATION AND COERCION.
  (a) Retaliation.--No person shall discriminate against any individual
because such individual has opposed any act or practice made unlawful by
this Act or because such individual made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing under
this Act.
  (b) Interference, Coercion, or Intimidation.--It shall be unlawful to
coerce, intimidate, threaten, or interfere with any individual in the
exercise or enjoyment of, or on account of his or her having exercised or
enjoyed, or on account of his or her having aided or encouraged any other
individual in the exercise or enjoyment of, any right granted or protected
by this Act.
  (c) Remedies and Procedures.--The remedies and procedures available under
sections 107, 203, and 308 of this Act shall be available to aggrieved
persons for violations of subsections (a) and (b), with respect to title I,
title II and title III, respectively.
    SEC. 504. REGULATIONS BY 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.

[End of part 6]

wtm@bunker.uucp (Bill McGarry) (10/13/90)

Index Number: 11119

[Part 6 of 6]

    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.
      (2) Establishment of remedies and procedures by
    instrumentalities.--The chief official of each instrumentality of the
    Congress shall establish remedies and procedures to be utilized with
    respect to the rights and protections provided pursuant to paragraph
    (1). Such remedies and procedures shall apply exclusively.
      (3) Report to congress.--The chief official of each instrumentality of
    the Congress shall, after establishing remedies and procedures for
    purposes of paragraph (2), submit to the Congress a report describing
    the remedies and procedures.
      (4) Definition of instrumentalities.--For purposes of this section,
    instrumentalities of the Congress include the following: the Architect
    of the Capitol, the Congressional Budget Office, the General Accounting
    Office, the Government Printing Office, the Library of Congress, the
    Office of Technology Assessment, and the United States Botanic Garden.
      (5) Construction.--Nothing in this section shall alter the enforcement
    procedures for individuals with disabilities provided in the General
    Accounting Office Personnel Act of 1980 and regulations promulgated
    pursuant to that Act.

SEC. 510. ILLEGAL USE OF DRUGS.
  (a) In General.--For purposes of this Act, the term "individual with a
disability" does not include an individual who is currently engaging in the
illegal use of drugs, when the covered entity acts on the basis of such use.
  (b) Rules of Construction.--Nothing in subsection (a) shall be construed
to exclude as an individual with a disability an individual who--
      (1) has successfully completed a supervised drug rehabilitation
    program and is no longer engaging in the illegal use of drugs, or has
    otherwise been rehabilitated successfully and is no longer engaging in
    such use;
      (2) is participating in a supervised rehabilitation program and is no
    longer engaging in such use; or
      (3) is erroneously regarded as engaging in such use, but is not
    engaging in such use;
except that it shall not be a violation of this Act for a covered entity to
adopt or administer reasonable policies or procedures, including but not
limited to drug testing, designed to ensure that an individual described in
paragraph (1) or (2) is no longer engaging in the illegal use of drugs;
however, nothing in this section shall be construed to encourage, prohibit,
restrict, or authorize the conducting of testing for the illegal use of
drugs.
  (c) Health and Other Services.--Notwithstanding subsection (a) and section
511(b)(3), an individual shall not be denied health services, or services
provided in connection with drug rehabilitation, on the basis of the current
illegal use of drugs if the individual is otherwise entitled to such
services.
  (d) Definition of Illegal use of drugs.--
      (1) In general.--The term "illegal use of drugs" means the use of
    drugs, the possession or distribution of which is unlawful under the
    Controlled Substances Act (21 U.S.C. 812). Such term does not include
    the use of a drug taken under supervision by a licensed health care
    professional, or other uses authorized by the Controlled Substances Act
    or other provisions of Federal law.
      (2) Drugs.--The term "drug" means a controlled substance, as defined
    in schedules I through V of section 202 of the Controlled Substances Act.

SEC. 511. DEFINITIONS.
  (a) Homosexuality and Bisexuality.--For purposes of the definition of
"disability" in section 3(2), homosexuality and bisexuality are not
impairments and as such are not disabilities under this Act.
  (b) Certain Conditions.--Under this Act, the term "disability" shall not
include--
      (1) transvestism, transsexualism, pedophilia, exhibitionism,
    voyeurism, gender identity disorders not resulting from physical
    impairments, or other sexual behavior disorders;
      (2) compulsive gambling, kleptomania, or pyromania; or
      (3) psychoactive substance use disorders resulting from current
    illegal use of drugs.

SEC. 512. AMENDMENTS TO THE REHABILITATION ACT.
  (a) Definition of Handicapped Individual.--Section 7(8) of the
Rehabilitation Act of 1973 (29 U.S.C. 706(8)) is amended by redesignating
subparagraph (C) as subparagraph (D), and by inserting after subparagraph
(B) the following subparagraph:
  "(C)(i) For purposes of title V, the term 'individual with handicaps' does
not include an individual who is currently engaging in the illegal use of
drugs, when a covered entity acts on the basis of such use.
  "(ii) Nothing in clause (i) shall be construed to exclude as an individual
with handicaps an individual who--
      "(I) has successfully completed a supervised drug rehabilitation
    program and is no longer engaging in the illegal use of drugs, or has
    otherwise been rehabilitated successfully and is no longer engaging in
    such use;
      "(II) is participating in a supervised rehabilitation program and is
    no longer engaging in such use; or
      "(III) is erroneously regarded as engaging in such use, but is not
    engaging in such use;
except that it shall not be a violation of this Act for a covered entity to
adopt or administer reasonable policies or procedures, including but not
limited to drug testing, designed to ensure that an individual described in
subclause (I) or (II) is no longer engaging in the illegal use of drugs.
  "(iii) Notwithstanding clause (i), for purposes of programs and activities
providing health services and services provided under titles I, II and III,
an individual shall not be excluded from the benefits of such programs or
activities on the basis of his or her current illegal use of drugs if he or
she is otherwise entitled to such services.
  "(iv) For purposes of programs and activities providing educational
services, local educational agencies may take disciplinary action pertaining
to the use or possession of illegal drugs or alcohol against any handicapped
student who currently is engaging in the illegal use of drugs or in the use
of alcohol to the same extent that such disciplinary action is taken against
nonhandicapped students. Furthermore, the due process procedures at 34 CFR
104.36 shall not apply to such disciplinary actions.
  "(v) For purposes of sections 503 and 504 as such sections relate to
employment, the term 'individual with handicaps' does not include any
individual who is an alcoholic whose current use of alcohol prevents such
individual from performing the duties of the job in question or whose
employment, by reason of such current alcohol abuse, would constitute a
direct threat to property or the safety of others.".
  (b) Definition of Illegal Drugs.--Section 7 of the Rehabilitation Act of
1973 (29 U.S.C. 706) is amended by adding at the end the following new
paragraph:
  "(22)(A) The term 'drug' means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled Substances Act (21
U.S.C. 812).
  "(B) The term 'illegal use of drugs' means the use of drugs, the
possession or distribution of which is unlawful under the Controlled
Substances Act. Such term does not include the use of a drug taken under
supervision by a licensed health care professional, or other uses authorized
by the Controlled Substances Act or other provisions of Federal law.".
  (c) Conforming Amendments.--Section 7(8)(B) of the Rehabilitation Act of
1973 (29 U.S.C. 706(8)(B)) is amended--
      (1) in the first sentence, by striking "Subject to the second sentence
    of this subparagraph," and inserting "Subject to subparagraphs (C) and
    (D),"; and
      (2) by striking the second sentence.

SEC. 513. ALTERNATIVE MEANS OF DISPUTE RESOLUTION.
  Where appropriate and to the extent authorized by law, the use of
alternative means of dispute resolution, including settlement negotiations,
conciliation, facilitation, mediation, factfinding, minitrials, and
arbitration, is encouraged to resolve disputes arising under this Act.

SEC. 514. SEVERABILITY.
  Should any provision in this Act be found to be unconstitutional by a
court of law, such provision shall be severed from the remainder of the Act,
and such action shall not affect the enforceability of the remaining
provisions of the Act.
 
                  Speaker of the House of Representatives.                   
 
                   Vice President of the United States and                   
                          President of the Senate.
------------------------------------------------------------

[End of part 6]