Americans with Disabilities Act

The Americans With Disabilites ActThe U.S. Equal Employment Opportunity
Commission

The Americans With Disabilites Act

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 compen- sation, job training, and other terms, conditions,
and privileges of employment.
(b) CONSTRUCTION- As used in subsection (a), the term `discriminate' includes--
(1) limiting, segregating, or classifying a job applicant or employee in a way
that adversely affects the opportunities or status of such applicant or employee
because of the disability of such applicant or employee;
(2) participating in a contractual or other arrangement or relationship that has
the effect of subjecting a covered entity's qualified applicant or employee with
a disability to the discrimination prohibited by this title (such relationship
includes a relationship with an employment or referral agency, labor union, an
organization providing fringe benefits to an employee of the covered entity, or
an organization providing training and apprenticeship programs);
(3) utilizing standards, criteria, or methods of administration--
(A) that have the effect of discrimination on the basis of disability; or
(B) that perpetuate the discrimination of others who are subject to common
administrative control;
(4) excluding or otherwise denying equal jobs or benefits to a qualified
individual because of the known disability of an individual with whom the
qualified individual is known to have a relationship or association;
(5)(A) not making reasonable accommodations to the known physical or mental
limitations of an otherwise qualified individual with a disability who is an
applicant or employee, unless such covered entity can demonstrate that the
accommodation would impose an undue hardship on the operation of the business of
such covered entity; or
(B) denying employment opportunities to a job applicant or employee who is an
otherwise qualified individual with a disability, if such denial is based on the
need of such covered entity to make reasonable accommodation to the physical or
mental impairments of the employee or applicant;
(6) using qualification standards, employment tests or other selection criteria
that screen out or tend to screen out an individual with a disability or a class
of individuals with disabilities unless the standard, test or other selection
criteria, as used by the covered entity, is shown to be job-related for the
position in question and is consistent with business necessity; and
(7) failing to select and administer tests concerning employment in the most
effective manner to ensure that, when such test is administered to a job
applicant or employee who has a disability that impairs sensory, manual, or
speaking skills, such test results accurately reflect the skills, aptitude, or
whatever other factor of such applicant or employee that such test purports to
measure, rather than reflecting the impaired sensory, manual, or speaking skills
of such employee or applicant (except where such skills are the factors that the
test purports to measure).
(c) MEDICAL EXAMINATIONS AND INQUIRIES-
(1) IN GENERAL- The prohibition against discrimination as referred to in
subsection (a) shall include medical examinations and inquiries.
(2) PREEMPLOYMENT-
(A) PROHIBITED EXAMINATION OR INQUIRY- Except as provided in paragraph (3), a
covered entity shall not conduct a medical examination or make inquiries of a
job applicant as to whether such applicant is an individual with a disability or
as to the nature or severity of such disability.
(B) ACCEPTABLE INQUIRY- A covered entity may make preemployment inquiries into
the ability of an applicant to perform job-related functions.
(3) EMPLOYMENT ENTRANCE EXAMINATION- A covered entity may require a medical
examination after an offer of employment has been made to a job applicant and
prior to the commencement of the employment duties of such applicant, and may
condition an offer of employment on the results of such examination, if--
(A) all entering employees are subjected to such an examination regardless of
disability;
(B) information obtained regarding the medical condition or history of the
applicant is collected and maintained on separate forms and in separate medical
files and is treated as a confidential medical record, except that--
(i) supervisors and managers may be informed regarding necessary restrictions on
the work or duties of the employee and necessary accommodations;
(ii) first aid and safety personnel may be informed, when appropriate, if the
disability might require emergency treatment; and
(iii) government officials investigating compliance with this Act shall be
provided relevant information on request; and
(C) the results of such examination are used only in accordance with this title.
(4) EXAMINATION AND INQUIRY-
(A) PROHIBITED EXAMINATIONS AND INQUIRIES- A covered entity shall not require a
medical examination and shall not make inquiries of an employee as to whether
such employee is an individual with a disability or as to the nature or severity
of the disability, unless such examination or inquiry is shown to be job-related
and consistent with business necessity.
(B) ACCEPTABLE EXAMINATIONS AND INQUIRIES- A covered entity may conduct
voluntary medical examinations, including voluntary medical histories, which are
part of an employee health program available to employees at that work site. A
covered entity may make inquiries into the ability of an employee to perform
job-related functions.
(C) REQUIREMENT- Information obtained under subparagraph (B) regarding the
medical condition or history of any employee are subject to the requirements of
subparagraphs (B) and (C) of paragraph (3).
SEC. 103. DEFENSES.
(a) IN GENERAL- It may be a defense to a charge of discrimination under this Act
that an alleged application of qualification standards, tests, or selection
criteria that screen out or tend to screen out or otherwise deny a job or
benefit to an individual with a disability has been shown to be job-related and
consistent with business necessity, and such performance cannot be accomplished
by reasonable accommodation, as required under this title.
(b) QUALIFICATION STANDARDS- The term `qualification standards' may include a
requirement that an individual shall not pose a direct threat to the health or
safety of other individuals in the workplace.
(c) RELIGIOUS ENTITIES-
(1) IN GENERAL- This title shall not prohibit a religious corporation,
association, educational institution, or society from giving preference in
employment to individuals of a particular religion to perform work connected
with the carrying on by such corporation, association, educational institution,
or society of its activities.
(2) RELIGIOUS TENETS REQUIREMENT- Under this title, a religious organization may
require that all applicants and employees conform to the religious tenets of
such organization.
(d) List of Infectious and Communicable Diseases-
(1) IN GENERAL- The Secretary of Health and Human Services, not later than 6
months after the date of enactment of this Act, shall--
(A) review all infectious and communicable diseases which may be transmitted
through handling the food supply;
(B) publish a list of infectious and communicable diseases which are transmitted
through handling the food supply;
(C) publish the methods by which such diseases are transmitted; and
(D) widely disseminate such information regarding the list of diseases and their
modes of 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.
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.
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 ORGANI- ZATIONS.
The provisions of this title shall not apply to private clubs or establishments
exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C.
2000-a(e)) or to religious organizations or entities controlled by religious
organizations, including places of worship.
SEC. 308. ENFORCEMENT.
(a) IN GENERAL-
(1) AVAILABILITY OF REMEDIES AND PROCEDURES- The remedies and procedures set
forth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a))
are the remedies and procedures this title provides to any person who is being
subjected to discrimination on the basis of disability in violation of this
title or who has reasonable grounds for believing that such person is about to
be subjected to discrimination in violation of section 303. Nothing in this
section shall require a person with a disability to engage in a futile gesture
if such person has actual notice that a person or organization covered by this
title does not intend to comply with its provisions.
(2) INJUNCTIVE RELIEF- In the case of violations of sections 302(b)(2)(A)(iv)
and section 303(a), injunctive relief shall include an order to alter facilities
to make such facilities readily accessible to and usable by individuals with
disabilities to the extent required by this title. Where appropriate, injunctive
relief shall also include requiring the provision of an auxiliary aid or
service, modification of a policy, or provision of alternative methods, to the
extent required by this title.
(b) ENFORCEMENT BY THE ATTORNEY GENERAL-
(1) DENIAL OF RIGHTS-
(A) DUTY TO INVESTIGATE-
(i) IN GENERAL- The Attorney General shall investigate alleged violations of
this title, and shall undertake periodic reviews of compliance of covered
entities under this title.
(ii) ATTORNEY GENERAL CERTIFICATION- On the application of a State or local
government, the Attorney General may, in consultation with the Architectural and
Transportation Barriers Compliance Board, and after prior notice and a public
hearing at which persons, including individuals with disabilities, are provided
an opportunity to testify against such certification, certify that a State law
or local building code or similar ordinance that establishes accessibility
requirements meets or exceeds the minimum requirements of this Act for the
accessibility and usability of covered facilities under this title. At any
enforcement proceeding under this section, such certification by the Attorney
General shall be rebuttable evidence that such State law or local ordinance does
meet or exceed the minimum requirements of this Act.
(B) POTENTIAL VIOLATION- If the Attorney General has reasonable cause to believe
that--
(i) any person or group of persons is engaged in a pattern or practice of
discrimination under this title; or
(ii) any person or group of persons has been discriminated against under this
title and such discrimination raises an issue of general public importance,
the Attorney General may commence a civil action in any appropriate United
States district court.
(2) AUTHORITY OF COURT- In a civil action under paragraph (1)(B), the court--
(A) may grant any equitable relief that such court considers to be appropriate,
including, to the extent required by this title--
(i) granting temporary, preliminary, or permanent relief;
(ii) providing an auxiliary aid or service, modification of policy, practice, or
procedure, or alternative method; and
(iii) making facilities readily accessible to and usable by individuals with
disabilities;
(B) may award such other relief as the court considers to be appropriate,
including monetary damages to persons aggrieved when requested by the Attorney
General; and
(C) may, to vindicate the public interest, assess a civil penalty against the
entity in an amount--
(i) not exceeding $50,000 for a first violation; and
(ii) not exceeding $100,000 for any subsequent violation.
(3) SINGLE VIOLATION- For purposes of paragraph (2)(C), in determining whether a
first or subsequent violation has occurred, a determination in a single action,
by judgment or settlement,that the covered entity has engaged in more than one
discriminatory act shall be counted as a single violation.
(4) PUNITIVE DAMAGES- For purposes of subsection (b)(2)(B), the term `monetary
damages' and `such other relief' does not include punitive damages.
(5) JUDICIAL CONSIDERATION- In a civil action under paragraph (1)(B), the court,
when considering what amount of civil penalty, if any, is appropriate, shall
give consideration to any good faith effort or attempt to comply with this Act
by the entity. In evaluating good faith, the court shall consider, among other
factors it deems relevant, whether the entity could have reasonably anticipated
the need for an appropriate type of auxiliary aid needed to accommodate the
unique needs of a particular individual with a disability.
SEC. 309. EXAMINATIONS AND COURSES.
Any person that offers examinations or courses related to applications,
licensing, certification, or credentialing for secondary or postsecondary
education, professional, or trade purposes shall offer such examinations or
courses in a place and manner accessible to persons with disabilities or offer
alternative accessible arrangements for such individuals.
SEC. 310. EFFECTIVE DATE.
(a) GENERAL RULE- Except as provided in subsections (b) and (c), this title
shall become effective 18 months after the date of the enactment of this Act.
(b) CIVIL ACTIONS- Except for any civil action brought for a violation of
section 303, no civil action shall be brought for any act or omission described
in section 302 which occurs--
(1) during the first 6 months after the effective date, against businesses that
employ 25 or fewer employees and have gross receipts of $1,000,000 or less; and
(2) during the first year after the effective date, against businesses that
employ 10 or fewer employees and have gross receipts of $500,000 or less.
(c) EXCEPTION- Sections 302(a) for purposes of section 302(b)(2) (B) and (C)
only, 304(a) for purposes of section 304(b)(3) only, 304(b)(3), 305, and 306
shall take effect on the date of the enactment of this Act.
TITLE IV--TELECOMMUNICATIONS

SEC. 401. TELECOMMUNICATIONS RELAY SERVICES FOR 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.
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.

This page was last modified on July 26, 2002.
Return to Home Page