S.933
--S.933--
One Hundred First Congress of the United States of
America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To establish a clear and comprehensive prohibition of
discrimination on the basis of
disability.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Americans with
Disabilities Act of 1990'.
(b) TABLE OF CONTENTS- The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--EMPLOYMENT
Sec. 102. Discrimination.
Sec. 104. Illegal use of drugs and alcohol.
Sec. 105. Posting notices.
Sec. 108. Effective date.
TITLE II--PUBLIC SERVICES
Subtitle A--Prohibition Against Discrimination and Other Generally
Applicable Provisions
Sec. 202. Discrimination.
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. 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. 230. Interim accessibility requirements.
Sec. 231. Effective date.
Part II--Public Transportation by Intercity and Commuter Rail
Sec. 242. Intercity and commuter rail actions considered
discriminatory.
Sec. 243. Conformance of accessibility standards.
Sec. 245. Interim accessibility requirements.
Sec. 246. Effective date.
TITLE III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE
ENTITIES
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. 307. Exemptions for private clubs and religious
organizations.
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. 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. 509. Coverage of Congress and the agencies of the
legislative branch.
Sec. 510. Illegal use of drugs.
Sec. 512. Amendments to the Rehabilitation Act.
Sec. 513. Alternative means of dispute resolution.
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.
(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.
(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.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
(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.
(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.
(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) 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.
(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).
(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.
(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.
(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.
(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.
(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.
(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
(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).
(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.
(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-
(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.
`(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.
`(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.
`(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.
`(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.
(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.
(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.
(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.
(i) IN GENERAL- In the administration of this paragraph,
the remedies and procedures made applicable pursuant to the resolution
described in clause (ii) shall apply exclusively.
(ii) RESOLUTION- The resolution referred to in clause
(i) is House Resolution 15 of the One Hundred First Congress, as agreed to
January 3, 1989, or any other provision that continues in effect the
provisions of, or is a successor to, the Fair Employment Practices
Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to
October 4, 1988).
(C) EXERCISE OF RULEMAKING POWER- The provisions of
subparagraph (B) are enacted by the House of Representatives as an exercise
of the rulemaking power of the House of Representatives, with full
recognition of the right of the House to change its rules, in the same
manner, and to the same extent as in the case of any other rule of the
House.
(3) MATTERS OTHER THAN EMPLOYMENT-
(A) IN GENERAL- The rights and protections under this Act
shall, subject to subparagraph (B), apply with respect to the conduct of the
House of Representatives regarding matters other than
employment.
(B) REMEDIES- The Architect of the Capitol shall establish
remedies and procedures to be utilized with respect to the rights and
protections provided pursuant to subparagraph (A). Such remedies and
procedures shall apply exclusively, after approval in accordance with
subparagraph (C).
(C) APPROVAL- For purposes of subparagraph (B), the
Architect of the Capitol shall submit proposed remedies and procedures to
the Speaker of the House of Representatives. The remedies and procedures
shall be effective upon the approval of the Speaker, after consultation with
the House Office Building Commission.
(c) INSTRUMENTALITIES OF CONGRESS-
(1) IN GENERAL- The rights and protections under this Act shall,
subject to paragraph (2), apply with respect to the conduct of each
instrumentality of the Congress.
(2) ESTABLISHMENT OF REMEDIES AND PROCEDURES BY
INSTRUMENTALITIES- The chief official of each instrumentality of the
Congress shall establish remedies and procedures to be utilized with respect
to the rights and protections provided pursuant to paragraph (1). Such
remedies and procedures shall apply exclusively.
(3) REPORT TO CONGRESS- The chief official of each
instrumentality of the Congress shall, after establishing remedies and
procedures for purposes of paragraph (2), submit to the Congress a report
describing the remedies and procedures.
(4) DEFINITION OF INSTRUMENTALITIES- For purposes of this
section, instrumentalities of the Congress include the following: the
Architect of the Capitol, the Congressional Budget Office, the General
Accounting Office, the Government Printing Office, the Library of Congress,
the Office of Technology Assessment, and the United States Botanic
Garden.
(5) CONSTRUCTION- Nothing in this section shall alter the
enforcement procedures for individuals with disabilities provided in the
General Accounting Office Personnel Act of 1980 and regulations promulgated
pursuant to that Act.
SEC. 510. ILLEGAL USE OF DRUGS.
(a) IN GENERAL- For purposes of this Act, the term `individual with
a disability' does not include an individual who is currently engaging in
the illegal use of drugs, when the covered entity acts on the basis of such
use.
(b) RULES OF CONSTRUCTION- Nothing in subsection (a) shall be
construed to exclude as an individual with a disability an individual
who--
(1) has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of drugs, or has
otherwise been rehabilitated successfully and is no longer engaging in such
use;
(2) is participating in a supervised rehabilitation program and
is no longer engaging in such use; or
(3) is erroneously regarded as engaging in such use, but is not
engaging in such use;
except that it shall not be a violation of this Act for a covered
entity to adopt or administer reasonable policies or procedures, including
but not limited to drug testing, designed to ensure that an individual
described in paragraph (1) or (2) is no longer engaging in the illegal use
of drugs; however, nothing in this section shall be construed to encourage,
prohibit, restrict, or authorize the conducting of testing for the illegal
use of drugs.
(c) HEALTH AND OTHER SERVICES- Notwithstanding subsection (a) and
section 511(b)(3), an individual shall not be denied health services, or
services provided in connection with drug rehabilitation, on the basis of
the current illegal use of drugs if the individual is otherwise entitled to
such services.
(d) DEFINITION OF ILLEGAL USE OF DRUGS-
(1) IN GENERAL- The term `illegal use of drugs' means the use of
drugs, the possession or distribution of which is unlawful under the
Controlled Substances Act (21 U.S.C. 812). Such term does not include the
use of a drug taken under supervision by a licensed health care
professional, or other uses authorized by the Controlled Substances Act or
other provisions of Federal law.
(2) DRUGS- The term `drug' means a controlled substance, as
defined in schedules I through V of section 202 of the Controlled Substances
Act.
SEC. 511. DEFINITIONS.
(a) HOMOSEXUALITY AND BISEXUALITY- For purposes of the definition of
`disability' in section 3(2), homosexuality and bisexuality are not
impairments and as such are not disabilities under this Act.
(b) CERTAIN CONDITIONS- Under this Act, the term `disability' shall
not include--
(1) transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current
illegal use of drugs.
SEC. 512. AMENDMENTS TO THE REHABILITATION ACT.
(a) DEFINITION OF HANDICAPPED INDIVIDUAL- Section 7(8) of the
Rehabilitation Act of 1973 (29 U.S.C. 706(8)) is amended by redesignating
subparagraph (C) as subparagraph (D), and by inserting after subparagraph
(B) the following subparagraph:
`(C)(i) For purposes of title V, the term `individual with
handicaps' does not include an individual who is currently engaging in the
illegal use of drugs, when a covered entity acts on the basis of such
use.
`(ii) Nothing in clause (i) shall be construed to exclude as an
individual with handicaps an individual who--
`(I) has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of drugs, or has
otherwise been rehabilitated successfully and is no longer engaging in such
use;
`(II) is participating in a supervised rehabilitation program
and is no longer engaging in such use; or
`(III) is erroneously regarded as engaging in such use, but is
not engaging in such use;
except that it shall not be a violation of this Act for a covered
entity to adopt or administer reasonable policies or procedures, including
but not limited to drug testing, designed to ensure that an individual
described in subclause (I) or (II) is no longer engaging in the illegal use
of drugs.
`(iii) Notwithstanding clause (i), for purposes of programs and
activities providing health services and services provided under titles I,
II and III, an individual shall not be excluded from the benefits of such
programs or activities on the basis of his or her current illegal use of
drugs if he or she is otherwise entitled to such services.
`(iv) For purposes of programs and activities providing educational
services, local educational agencies may take disciplinary action pertaining
to the use or possession of illegal drugs or alcohol against any handicapped
student who currently is engaging in the illegal use of drugs or in the use
of alcohol to the same extent that such disciplinary action is taken against
nonhandicapped students. Furthermore, the due process procedures at 34 CFR
104.36 shall not apply to such disciplinary actions.
`(v) For purposes of sections 503 and 504 as such sections relate to
employment, the term `individual with handicaps' does not include any
individual who is an alcoholic whose current use of alcohol prevents such
individual from performing the duties of the job in question or whose
employment, by reason of such current alcohol abuse, would constitute a
direct threat to property or the safety of others.'.
(b) DEFINITION OF ILLEGAL DRUGS- Section 7 of the Rehabilitation Act
of 1973 (29 U.S.C. 706) is amended by adding at the end the following new
paragraph:
`(22)(A) The term `drug' means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled Substances Act (21
U.S.C. 812).
`(B) The term `illegal use of drugs' means the use of drugs, the
possession or distribution of which is unlawful under the Controlled
Substances Act. Such term does not include the use of a drug taken under
supervision by a licensed health care professional, or other uses authorized
by the Controlled Substances Act or other provisions of Federal law.'.
(c) CONFORMING AMENDMENTS- Section 7(8)(B) of the Rehabilitation Act
of 1973 (29 U.S.C. 706(8)(B)) is amended--
(1) in the first sentence, by striking `Subject to the second
sentence of this subparagraph,' and inserting `Subject to subparagraphs (C)
and (D),'; and
(2) by striking the second sentence.
SEC. 513. ALTERNATIVE MEANS OF DISPUTE RESOLUTION.
Where appropriate and to the extent authorized by law, the use of
alternative means of dispute resolution, including settlement negotiations,
conciliation, facilitation, mediation, factfinding, minitrials, and
arbitration, is encouraged to resolve disputes arising under this Act.
SEC. 514. SEVERABILITY.
Should any provision in this Act be found to be unconstitutional by
a court of law, such provision shall be severed from the remainder of the
Act, and such action shall not affect the enforceability of the remaining
provisions of the Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END