PUBLIC LAW 101

PUBLIC LAW 101-336 JULY 26, 1990 104 STAT. 327

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. 42 USC 12101 note.

(a) Short Title. This Act may be cited as the

Americans with Disabilities Act of 1990.

(b) Table of Contents. The table of contents is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definitions.

TITLE I EMPLOYMENT

Sec. 101. Definitions.

Sec. 102. Discrimination.

Sec. 103. Defenses.

Sec. 104. Illegal use of drugs and alcohol.

Sec. 105. Posting notices.

Sec. 106. Regulations.

Sec. 107. Enforcement.

Sec. 108. Effective date.

TITLE II PUBLIC SERVICES

Subtitle A Prohibition Against Discrimination and Other Generally Applicable Provisions

Sec. 201. Definition.

Sec. 202. Discrimination.

Sec. 203. Enforcement.

Sec. 204. Regulations.

Sec. 205. Effective date.

Subtitle B Actions Applicable to Public Transportation Provided by Public Entities

Considered Discriminatory

Part I Public Transportation Other Than by Aircraft or Certain Rail Operations

Sec. 221. Definitions.

Sec. 222. Public entities operating fixed route systems.

Sec. 223. Paratransit as a complement to fixed route service.

Sec. 224. Public entity operating a demand responsive system.

Sec. 225. Temporary relief where lifts are unavailable.

Sec. 226. New facilities.

Sec. 227. Alterations of existing facilities.

Sec. 228. Public transportation programs and activities in existing facilities and one car pertrain

rule.

Sec. 229. Regulations.

Sec. 230. Interim accessibility requirements.

Sec. 231. Effective date.

Part II Public Transportation by Intercity and Commuter Rail

Sec. 241. Definitions.

Sec. 242. Intercity and commuter rail actions considered discriminatory.

Sec. 243. Conformance of accessibility standards.

Sec. 244. Regulations.

Sec. 245. Interim accessibility requirements.

Sec. 246. Effective date.

TITLE III PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

Sec. 301. Definitions.

Sec. 302. Prohibition of discrimination by public accommodations.

Sec. 303. New construction and alterations in public accommodations and commercial

facilities.

Sec. 304. Prohibition of discrimination in specified public transportation services provided byprivate

entities.

Sec. 305. Study.

Sec. 306. Regulations.

Sec. 307. Exemptions for private clubs and religious organizations.

Sec. 308. Enforcement.

Sec. 309. Examinations and courses.

Sec. 310. Effective date.

TITLE IV TELECOMMUNICATIONS

Sec. 401. Telecommunications relay services for hearing-impaired and speech-impaired

individuals.

Sec. 402. Closed-captioning of public service announcements.

TITLE V MISCELLANEOUS PROVISIONS

Sec. 501. Construction.

Sec. 502. State immunity.

Sec. 503. Prohibition against retaliation and coercion.

Sec. 504. Regulations by the Architectural and Transporttion Barriers Compliance Board.

Sec. 505. Attorneys fees.

Sec. 506. Technical assistance.

Sec. 507. Federal wilderness areas.

Sec. 508. Transvestites.

Sec. 509. Coverage of Congress and the agencies of the legislative branch.

Sec. 510. Illegal use of drugs.

Sec. 511. Definitions.

Sec. 512. Amendments to the Rehabilitation Act.

Sec. 513. Alternative means of dispute resolution.

Sec. 514. Severability.

SEC. 2. FINDINGS AND PURPOSES. 42USC 12101.

(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 Nations 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. 42 USC 12102

As used in this Act:

(1) Auxiliary aids and services. The term

auxiliary aids and services includes

(A) qualified interpreters or other effective methods of making aurally delivered materials

available to individuals with hearing impairments;

(B) qualified readers, taped texts, or other effective methods of making visually delivered

materials available to individuals with visual impairments;

(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

(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. 42 USC 12111

As used in this title:

(1) Commission. The term

Commission means the Equal Employment Opportunity Commission established by section 705 of the

Civil Rights Act of 1964 (42 U.S.C. 2000e-4).

(2) Covered entity. The term

covered entity means an employer, employment agency, labor organization, or joint labor-management

committee.

(3) Direct threat. The term

direct threat means a significant risk to the health or safety of others that cannot be eliminated by

reasonable accommodation.

(4) Employee. The term

employee means an individual employed by an employer.

(5) Employer.

(A) In general. The term

employer means a person engaged in an industry affecting commerce who has 15 or more employees

for each working day in each of 20 or more calendar weeks in the current or preceding calendar year,

and any agent of such person, except that, for two years following the effective date of this title, an

employer means a person engaged in an industry affecting commerce who has 25 or more employees

for each working day in each of 20 or more calendar weeks in the current or preceding year, and any

agent of such person.

(B) Exceptions. The term

employer does not include

(i) the United States, a corporation wholly owned by the government of the United States,

or an Indian tribe; or

(ii) a bona fide private membership club (other than a labor organization) that is exempt

from taxation under section 501(c) of the Internal Revenue Code of 1986.

(6) Illegal use of drugs.

(A) In general. The term

illegal use of drugs means the use of drugs, the possession or distribution of which is unlawful under

the Controlled Substances Act (21 U.S.C. 812). Such term does not include the use of a drug taken

under supervision by a licensed health care professional, or other uses authorized by the Controlled

Substances Act or other provisions of Federal law.

(B) Drugs. The term

drug means a controlled substance, as defined in schedules I through V of section 202 of the Controlled

Substances Act.

(7) Person, etc. The terms

person ,

labor organization ,

employment agency ,

commerce , and

industry affecting commerce , shall have the same meaning given such terms in section 701 of the Civil

Rights Act of 1964 (42 U.S.C. 2000e).

(8) Qualified individual with a disability. The term

qualified individual with a disability means an individual with a disability who, with or without reasonable

accommodation, can perform the essential functions of the employment position that such individualholds

or desires. For the purposes of this title, consideration shall be given to the employers judgment as to

what functions of a job are essential, and if an employer has prepared a written description before

advertising or interviewing applicants for the job, this description shall be considered evidence of the

essential functions of the job.

(9) Reasonable accommodation. The term

reasonable accommodation may include

(A) making existing facilities used by employees readily accessible to and usable by

individuals with disabilities; and

(B) job restructuring, part-time or modified work schedules, reassignment to a vacant

position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of

examinations, training materials or policies, the provision of qualified readers or interpreters, and other

similar accommodations for individuals with disabilities.

(10) Undue hardship.

(A) In general. The term

undue hardship means an action requiring significant difficulty or expense, when considered in light of

the factors set forth in subparagraph (B).

(B) Factors to be considered. In determining whether an accommodation would impose

an undue hardship on a covered entity, factors to be considered include

(i) the nature and cost of the accommodation needed under this Act;

(ii) the overall financial resources of the facility or facilities involved in the provision of the

reasonable accommodation; the number of persons employed at such facility; the effect on expenses and

resources, or the impact otherwise of such accommodation upon the operation of the facility;

(iii) the overall financial resources of the covered entity; the overall size of the business

of a covered entity with respect to the number of its employees; the number, type, and location of its

facilities; and

(iv) the type of operation or operations of the covered entity, including the composition,

structure, and functions of the workforce of such entity; the geographic separateness, administrative,

or fiscal relationship of the facility or facilities in question to the covered entity.

SEC. 102. DISCRIMINATION. 42 USC 12112.

(a) General Rule. No covered entity shall discriminate against a qualified individual with a disability

because of the disability of such individual in regard to job application procedures, the hiring,

advancement, or discharge of employees, employee compensation, job training, and other terms,

conditions, and privileges of employment.

(b) Construction. As used in subsection (a), the term

discriminate includes

(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects

the opportunities or status of such applicant or employee because of the disability of such applicant or

employee;

(2) participating in a contractual or other arrangement or relationship that has the effect of

subjecting a covered entitys 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;

(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 ualified 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).

(1) In general. The prohibition against discrimination as referred to in subsection (a) shall include

medical examinations and inquiries.

(2) Preemployment.

(A) Prohibited examination or inquiry. Except as provided in paragraph (3), a covered entity shall

not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is

an individual with a disability or as to the nature or severity of such disability.

(B) Acceptable inquiry. A covered entity may make preemployment inquiries into the ability of

an applicant to perform job-related functions.

(3) Employment entrance examination. A covered entity may require a medical examination after

an offer of employment has been made to a job applicant and prior to the commencement of the

employment duties of such applicant, and may condition an offer of employment on the results of such

examination, if

(A) all entering employees are subjected to such an examination regardless of disability;

(B) information obtained regarding the medical condition or history of the applicant is

collected and maintained on separate forms and in separate medical files and is treated as a confidential

medical record, except that

(i) supervisors and managers may be informed regarding necessary restrictions on the

work or duties of the employee and necessary accommodations;

(ii) first aid and safety personnel may be informed, when appropriate, if the disability

might require emergency treatment; and

(iii) government officials investigating compliance with this Act shall be provided relevant

information on request; and

(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-relatedfunctions.

or history of any employee are subject to the requirements of subparagraphs (B) and (C) of paragraph

(3).

SEC. 103. DEFENSES. 42 USC 12113.

(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;

(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. 42 USC 12114.

(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;

exceptthat 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.

(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

Department of Transportation, if the employees of the covered entity are employed in a transportation

industry subject to such regulations, including complying with such regulations (if any) that apply to

employment in sensitive positions in such an industry, in the case of employees of the covered entity

who are employed in such positions (as defined in the regulations of the Department of Transportation).

(d) Drug Testing.

(1) In general. For purposes of this title, a test to determine the illegal use of drugs shall not be

considered a medical examination.

(2) Construction. Nothing in this title shall be construed to encourage, prohibit, or authorize the

conducting of drug testing for the illegal use of drugs by job applicants or employees or making

employment decisions based on such test results.

(e) Transportation Employees. Nothing in this title shall be construed to encourage, prohibit, restrict, or

authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of

Transportation of authority to

(1) test employees of such entities in, and applicants for, positions involving safety-sensitive duties

for the illegal use of drugs and for on-duty impairment by alcohol; and

(2) remove such persons who test positive for illegal use of drugs and on-duty impairment by

alcohol pursuant to paragraph (1) from safety-sensitive duties in implementing subsection (c).

SEC. 105. POSTING NOTICES. 42 USC 12115.

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. 42

USC 12116.

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. 42

USC 12117.

(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. 42

USC 12111 note.

This title shall become effective 24 months after the

date of enactment.

TITLE II PUBLIC SERVICES 42

USC 12131.

Subtitle A Prohibition Against Discrimination and

Other Generally Applicable Provisions

SEC. 201. DEFINITION. 42 USC 12115.

As used in this title:

(1) Public entity. The term

public entity means

(A) any State or local government;

(B) any department, agency, special purpose

district, or other instrumentality of a State or States

or local government; and

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. 42

USC 12132.

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. 42

USC 12132.

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.

42 USC 12134.

(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.

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. 42

USC 12131 note.

(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.

42 USC 12141.

As used in this part:

(1) Demand responsive system. The term

demand responsive system means any system of

providing designated public transportation which is

not a fixed route system.

(2) Designated public transportation. The term

designated public transportation means

transportation (other than public school

transportation) by bus, rail, or any other conveyance

(other than transportation by aircraft or intercity or

commuter rail transportation (as defined in section

241)) that provides the general public with general

or special service (including charter service) on a

regular and continuing basis.

(3) Fixed route system. The term

fixed route system means a system of providing

designated public transportation on which a vehicle

is operated along a prescribed route according to a

fixed schedule.

(4) Operates. The term

operates , as used with respect to a fixed route

system or demand responsive system, includes

operation of such system by a person under a

contractual or other arrangement or relationship with

a public entity.

(5) Public school transportation. The term

public school transportation means transportation

by schoolbus vehicles of schoolchildren, personnel,

and equipment to and from a public elementary or

secondary school and school-related activities.

(6) Secretary. The term

Secretary means the Secretary of Transportation.

SEC. 222. PUBLIC ENTITIES OPERATING FIXED

ROUTE SYSTEMS. 42 USC 12142.

(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 Rehabilittion

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.

(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. 42 USC 12143.

(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 fina regulations to carry out

this section.

(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

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 ublic entity which

operates a fixed route system

(A) within 18 months after the

effective date of this subsection, submit to the

Secretary, and commence implementation of, a plan

for providing paratransit and other special

transportation services which meets the

requirements of this section; and

(B) on an annual basis thereafter,

submit to the Secretary, and commence

implementation of, a plan for providing such

services.

(8) Provision of services by others. The

regulations issued under this section shall

(A) require that a public entity

submitting a plan to the Secretary under this section

identify in the plan any person or other public entity

which is providing a paratransit or other special

transportation service for individuals with disabilities

in the service area to which the plan applies; and

(B) provide that the public entity

submitting the plan does not have to provide under

the plan such service for individuals with disabilities.

(9) Other provisions. The regulations issued

under this section shall include such other provisions

and requirements as the Secretary determines are

necessary to carry out the objectives of this section.

(d) Review of Plan.

(1) General rule. The Secretary shall review a

plan submitted under this section for the purpose of

determining whether or not such plan meets the

requirements of this section, including the

regulations issued under this section.

(2) Disapproval. If the Secretary determines that

a plan reviewed under this subsection fails to meet

the requirements of this section, the Secretary shall

disapprove the plan and notify the public entity

which submitted the plan of such disapproval and

the reasons therefor.

(3) Modification of disapproved plan. Not later

than 90 days after the date of disapproval of a plan

under this subsection, the public entity which

submitted the plan shall modify the plan to meet the

requirements of this section and shall submit to the

Secretary, and commence implementation of, such

modified plan.

(e) Discrimination Defined. As used in subsection (a),

the term

discrimination includes

(1) a failure of a public entity to which the

regulations issued under this section apply to

submit, or commence implementation of, a plan in

accordance with subsections (c)(6) and (c)(7);

(2) a failure of such entity to submit, or

commence implementation of, a modified plan in

accordance with subsection (d)(3);

(3) submission to the Secretary of a modified

plan under subsection (d)(3) which does not meet

the requirements of this section; or

(4) a failure of such entity to provide paratransit

or other special transportation services in

accordance with the plan or modified plan the public

entity submitted to the Secretary under this section.

(f) Statutory Construction. Nothing in this section

shall be construed as preventing a public entity

(1) from providing paratransit or other special

transportation services at a level which is greater

than the level of such services which are required by

this section,

(2) from providing paratransit or other special

transportation services in addition to those

paratransit and special transportation services

required by this section, or

(3) from providing such services to individuals

in addition to those individuals to whom such

services are required to be provided by this section.

SEC. 224. PUBLIC ENTITY OPERATING A DEMAND

RESPONSIVE SYSTEM. 42 USC 12144.

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 indviduals equivalent to the level

of service such system provides to individuals

without disabilities.

SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE

UNAVAILABLE. 42 USC 12145.

(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.

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. 42

USC 12146.

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.

42 USC 12147.

(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

designate 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. 42

USC 12148.

(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 individals 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. 42

USC 12149.

(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. 42 USC 12150.

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. 42

USC 12141 note.

(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. 42

USC 12161.

As used in this part:

(1) Commuter authority. The term

commuter authority has the meaning given such

term in section 103(8) of the Rail Passenger Service

Act (45 U.S.C. 502(8)).

(2) Commuter rail transportation. The term

commuter rail transportation has the meaning given

the term

commuter service in section 103(9) of the Rail

Passenger Service Act (45 U.S.C. 502(9)).

(3) Intercity rail transportation. The term

intercity rail transportation means transportation

provided by the National Railroad Passenger

Corporation.

(4) Rail passenger car. The term

rail passenger car means, with respect to intercity

rail transportation, single-level and bi-level coach

cars, single-level and bi-level dining cars, single-level

and bi-level sleeping cars, single-level and bi-level

lounge cars, and food service cars.

(5) Responsible person. The term

responsible person means

(A) in the case of a station more than

50 percent of which is owned by a public entity,

such public entity;

(B) in the case of a station more than

50 percent of which is owned by a private party, the

persons providing intercity or commuter rail

transportation to such station, as allocated on an

equitable basis by regulation by the Secretary of

Transportaion; and

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. 42

USC 12162.

(a) Intercity Rail Transportation.

(1) One car per train rule. It shall be considered

discrimination for purposes of section 202 of this

Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794) for a person who provides

intercity rail transportation to fail to have at least

one passenger car per train that is readily accessible

to and usable by individuals with disabilities,

including individuals who use wheelchairs, in

accordance with regulations issued under section

244, as soon as practicable, but in no event later

than 5 years after the date of enactment of this Act.

(2) New intercity cars.

(A) General rule. Except as otherwise

provided in this subsection with respect to

individuals who use wheelchairs, it shall be

considered discrimination for purposes of section

202 of this Act and section 504 of the Rehabilitation

Act of 1973 (29 U.S.C. 794) for a person to

purchase or lease any new rail passenger cars for

use in intercity rail transportation, and for which a

solicitation is made later than 30 days after the

effective date of this section, unless all such rail

cars are readily accessible to and usable by

individuals with disabilities, including individuals who

use wheelchairs, as prescribed by the Secretary of

Transportation in regulations issued under section

244.

(B) Special rule for single-level

passenger coaches for individuals who use

wheelchairs. Single-level passenger coaches shall be

required to

(i) be able to be entered by an

individual who uses a wheelchair;

(ii) have space to park and secure a

wheelchair;

(iii) have a seat to which a passenger

in a wheelchair can transfer, and a space to fold and

store such passengers wheelchair; and

(iv) have a restroom usable by an

individual who uses a wheelchair,

only to the extent provided in paragraph (3).

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 passengers

wheelchair; or

(iv) have a restroom usable by an

individual who uses a wheelchair.

(3) Accessibility of single-level coaches.

(A) General rule.It shall be considered

discrimination for purposes of section 202 of this

Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794) for a person who provides

intercity rail transportation to fail to have on each

train which includes one or more single-level rail

passenger coaches

(i) a number of spaces

(I) to park and secure wheelchairs

(to accommodate individuals who wish to remain in

their wheelchairs) equal to not less than one-half of

the number of single-level rail passenger coaches in

such train; and

(II) to fold and store wheelchairs

(to accommodate individuals who wish to transfer to

coach seats) equal to not less than one-half of the

number of single-level rail passenger coaches in such

train,

as soon as practicable, but in no event later than 5

years after the date of enactment of this Act; and

(ii) a number of spaces

(I) to park and secure wheelchairs

(to accommodate individuals who wish to remain in

their wheelchairs) equal to not less than the total

number of single-level rail passenger coaches in such

train; and

(II) to fold and store wheelchairs

(to accommodate individuals who wish to transfer to

coach seats) equal to not less than the total number

of single-level rail passenger coaches in such train,

as soon as prac

ticable, 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.

spaces required on a train by subparagraph (A), not

more than two spaces to park and secure

wheelchairs nor more than two spaces to fold and

store wheelchairs shall be located in any one coach

or food service car.

(D) Other accessibility features.

Single-level rail passenger coaches and food service

cars on which the spaces required by subparagraph

(A) are located shall have a restroom usable by an

individual who uses a wheelchair and shall be able to

be entered from the station platform by an individual

who uses a wheelchair.

(4) Food service.

(A) Single-level dining cars. On any train

in which a single-level dining car is used to provide

food service

(i) if such single-level dining car was

purchased after the date of enactment of this Act,

table service in such car shall be provided to a

passenger who uses a wheelchair if

(I) the car adjacent to the end of

the dining car through which a wheelchair may enter

is itself accessible to a wheelchair;

(II) such passenger can exit to the

platform from the car such passenger occupies,

move down the platform, and enter the adjacent

accessible car described in subclause (I) without the

necessity of the train being moved within the

station; and

(III) space to park and secure a

wheelchair is available in the dining car at the time

such passenger wishes to eat (if such passenger

wishes to remain in a wheelchair), or space to store

and fold a wheelchair is available in the dining car at

the time such passenger wishes to eat (if such

passenger wishes to transfer to a dining car seat);

and

(ii) appropriate auxiliary aids and

services, including a hard surface on which to eat,

shall be provided to ensure that other equivalent

food service is available to individuals with

disabilities, including individuals who use

wheelchairs, and to passengers traveling with such

individuals.

Unless not practicable, a person providing intercity

rail transportation shall place an accessible car

adjacent to the end of a dining car described in

clause (i) through which an individul 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.

discrimination for purposes of section 202 of this

Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794) for a person to purchase or

lease a used rail passenger car for use in intercity or

commuter rail transportation, unless such person

makes demonstrated good faith efforts to purchase

or lease a used rail car that is readily accessible to

and usable by individuals with disabilities, including

individuals who use wheelchairs, as prescribed by

the Secretary of Transportation in regulations issued

under section 244.

(d) Remanufactured Rail Cars.

(1) Remanufacturing. It shall be considered

discrimination for purposes of section 202 of this

Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794) for a person to remanufacture

a rail passenger car for use in intercity or commuter

rail transportation so as to extend its usable life for

10 years or more, unless the rail car, to the

maximum extent feasible, is made readily accessible

to and usable by individuals with disabilities,

including individuals who use wheelchairs, as

prescribed by the Secretary of Transportation in

regulations issued under section 244.

(2) Purchase or lease. It shall be considered

discrimination for purposes of section 202 of this

Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794) for a person to purchase or

lease a remanufactured rail passenger car for use in

intercity or commuter rail transportation unless such

car was remanufactured in accordance with

paragraph (1).

(e) Stations

(1) New stations. It shall be considered

discrimination for purposes of section 202 of this

Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794) for a person to build a new

station for use in intercity or commuter rail

transportation that is not readily accessible to and

usable by individuals with disabilities, including

individuals who use wheelchairs, as prescribed by

the Secretary of Transportation in regulations issued

under section 244.

(2) Existing stations.

(A) Failure to make readily accessible.

(i) General rule. It shall be considered

discrimination for purposes of section 202 of this

Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794) for a responsible person to

fail to make existing stations in the intercity rail

transportation system, and existing key stations in

commuter rail transportation systems, readily

accessible to and usable by individuals with

disabilities, including individuals who use

wheelchairs, as prescribed by the Secretary of

Transportation in regulations issued under section

244.

(ii) Period for compliance.

(I) Intercity rail. All stations in the

intercity rail transportation system shall be made

readily accessible to and usable by individuals with

disabilities, including individuals who use

wheelchairs, as soon as practicable, but in no event

later than 20 years after the date of enactment of

this Act.

(II) Commuter rail. Key stations in

commuter rail transportation systems shall be made

readily accessible to and usable by individuals with

disabilities, including individuals who use

wheelchairs, as soon as practicable but in no event

later than 3 years after the date of enactment of this

Act, except that the time limit may be extended by

the Secretary of Transportation up to 20 years after

the date of enactment of this Act in a case where

the raising of the entire passenger platform is the

only means available of attaining accessibility or

where other extraordinarily expensive structural

changes are necessary to attain accessibility.

(iii) Designation of key stations. Each

commuter authority shall designate the key stations

in its commuter rail transportation system, in

consultation with individuals with disabilities and

organizations representing such individuals, taking

into consideration such factors as high ridership and

whether such station serves as a transfer or feeder

station. Before the final designation of key stations

under this clause, a commuter authority shall hold a

public hearing.

(iv) Plans and milestones. The

Secretary of Transportation shall require the

appropriate person to develop a plan for carrying out

this subparagraph that reflects consultation with

individuals with disabilities affected by such plan

and that establishes milestones for achievement of

the requirements of this subparagraph.

(B) Requirement when making alterations.

(i) General rule. It shall be considered

discrimination, for purposes of section 202 of this

Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794), with respect to alterations of

an existing station or part thereof in the intercity or

commuter rail transportation systems that affect or

could affect the usability of the station or part

thereof, for the responsible person, owner, or person

in control of the station to fail to make the

alterations in such a manner that, to the maximum

extent feasible, the altered portions of the station

are readily accessible to and usable by individuals

with disabilities, including individuals who use

wheelchairs, upon completion of such alterations.

(ii) Alterations to a primary function

area. It shall be considered discrimination, for

purposes of section 202 of this Act and section 504

of the Rehabilitation Act of 1973 (29 U.S.C. 794),

with respect to alterations that affect or could affect

the usability of or access to an area of the station

containing a primary function, for the responsible

person, owner, or person in control of the station to

fail to ake 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).

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 persons 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. 42 USC 12163.

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. 42

USC 12164.

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. 42 USC 12165.

(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. 42 USC

12161 note.

(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

SERICES OPERATED BY PRIVATE ENTITIES

SEC. 301. DEFINITIONS. 42

USC 12181.

As used in this title:

(1) Commerce. The term

commerce means travel, trade, traffic, commerce,

transportation, or communication

(A) among the several States;

(B) between any foreign country or

any territory or possession and any State; or

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;

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 detemining 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;

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.

42 USC

12182.

(a) General Rule. No individual shall be discriminated

against on the basis of disability in the full and equal

enjoyment of the goods, services, facilities,

privileges, advantages, or accommodations of any

place of public accommodation by any person who

owns, leases (or leases to), or operates a place of

public accommodation.

(b) Construction.

(1) General prohibition.

(A) Activities.

(i) Denial of participation. It shall be

discriminatory to subject an individual or class of

individuals on the basis of a disability or disabilities

of such individual or class, directly, or through

contractual, licensing, or other arrangements, to a

denial of the opportunity of the individual or class to

participate in or benefit from the goods, services,

facilities, privileges, advantages, or accommodations

of an entity.

(ii) Participation in unequal benefit. It

shall be discriminatory to afford an individual or

class of individuals, on the basis of a disability or

disabilities of such individual or class, directly, or

through contractual, licensing, or other

arrangements with the opportunity to participate in

or benefit from a good, service, facility, privilege,

advantage, or accommodation that is not equal to

that afforded to other individuals.

(iii) Separate benefit. It shall be

discriminatory to provide an individual or class of

individuals, on the basis of a disability or disabilities

of such individual or class, directly, or through

contractual, licensing, or other arrangements with a

good, service, facility, privilege, advantage, or

accommodation that is different or separate from

that provided to other individuals, unless such action

is necessary to provide the individual or class of

individuals with a good, service, facility, privilege,

advantage, or accommodation, or other opportunity

that is as effective as that provided to others.

(iv) Individual or class of individuals.

For purposes of clauses (i) through (iii) of this

subparagraph, the term

individual or class of individuals refers to the clients

or customers of the covered public accommodation

that enters into the contractual, licensing or other

arrangement.

(B) Integrated settings. Goods,

services, facilities, privileges, advantages, and

accommodations shall be afforded to an individual

with a disability in the most integrated setting

appropriate to the needs of the individual.

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;

(ii) that perpetuate the discrimination

of others who are subject to common administrative

control.

(E) Association. It shall be

discriminatory to exclude or otherwise deny equal

goods, services, facilities, privileges, advantages,

accommodations, or other opportunities to an

individual or entity because of the known disability

of an individual with whom the individual or entity is

known to have a relationship or association.

(2) Specific prohibitions.

(A) Discrimination. For purposes of

subsection (a), discrimination includes

(i) the imposition or application of

eligibility criteria that screen out or tend to screen

out an individual with a disability or any class of

individuals with disabilities from fully and equally

enjoying any goods, services, facilities, privileges,

advantages, or accommodations, unless such criteria

can be shown to be necessary for the provision of

the goods, services, facilities, privileges,

advantages, or accommodations being offered;

(ii) a failure to make reasonable

modifications in policies, practices, or procedures,

when such modifications are necessary to afford

such goods, services, facilities, privileges,

advantages, or accommodations to individuals with

disabilities, unless the entity can demonstrate that

making such modifications would fundamentally

alter the nature of such goods, services, facilities,

privileges, advantages, or accommodations;

(iii) a failure to take such steps as may

be necessary to ensure that no individual with a

disability is excluded, denied services, segregated or

otherwise treated differently than other individuals

because of the absence of auxiliary aids and

services, unless the entity can demonstrate that

taking such steps would fundamentally alter the

nature of the good, service, facility, privilege,

advantage, or accommodation being offered or

would result in an undue burden;

(iv) a failure to remove architectural

barriers, and communication barriers that are

structural in nature, in existing facilities, and

transportation barriers in existing vehicles and rail

passenger cars used by an establishment for

transporting individuals (not including barriers that

can only be removed through the retrofitting of

vehicles or rail passenger cars by the installation of

a hydraulic or other lift), where such removal is

readily achievable; and

(v) where an entity can demonstrate

that the removal of a barrier under clause (iv) is not

readily achievable, a failure to make such goods,

services, facilities, privileges, advantages, or

accommodations available through alternative

methods if such methods are readily achievable.

(B) Fixed route system.

(i) Accessibility. It shall be considered

discrimination for a private entity which operates a

fixed route system and which is not subject to

section 304 to purchase or lease a vehicle with a

seating capacity in excess of 16 passengers

(including the driver) for use on such system, for

which a solicitation is made after the 30th day

following the effective date of this subparagraph,

that is not readily accessible to and usable by

individuals with disabilities, including individuals who

use wheelchairs.

(ii) Equivalent service. If a private

entity which operates a fixed route system and

which is not subject to section 304 purchases or

leases a vehicle witha 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.

purposes of subsection (a), discrimination includes

(i) a failure of a private entity which

operates a demand responsive system and which is

not subject to section 304 to operate such system

so that, when viewed in its entirety, such system

ensures a level of service to individuals with

disabilities, including individuals who use

wheelchairs, equivalent to the level of service

provided to individuals without disabilities; and

(ii) the purchase or lease by such

entity for use on such system of a vehicle with a

seating capacity in excess of 16 passengers

(including the driver), for which solicitations are

made after the 30th day following the effective date

of this subparagraph, that is not readily accessible to

and usable by individuals with disabilities (including

individuals who use wheelchairs) unless such entity

can demonstrate that such system, when viewed in

its entirety, provides a level of service to individuals

with disabilities equivalent to that provided to

individuals without disabilities.

(D) Over-the- road buses.

(i) Limitation on applicability.

Subparagraphs (B) and (C) do not apply to

over-the-road buses.

(ii) Accessibility requirements. For

purposes of subsection (a), discrimination includes

(I) the purchase or lease of an over-the-road bus

which does not comply with the regulations issued

under section 306(a)(2) by a private entity which

provides transportation of individuals and which is

not primarily engaged in the business of transporting

people, and (II) any other failure of such entity to

comply with such regulations.

(3) Specific Construction. Nothing in this title

shall require an entity to permit an individual to

participate in or benefit from the goods, services,

facilities, privileges, advantages and

accommodations of such entity where such

individual poses a direct threat to the health or

safety of others.

The term

direct threat means a significant risk to the health

or safety of others that cannot be eliminated by a

modification of policies, practices, or procedures or

by the provision of auxiliary aids or services.

SEC. 303. NEW CONSTRUCTION AND

ALTERATIONS IN PUBLIC ACCOMMODATIONS

AND COMMERCIAL FACILITIES.

42 USC 12183.

(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 alteratons 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. 42 USC 12184.

(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

scree

n 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

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 sstem 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.

(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

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. 42

USC 12185.

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.

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-roa 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 Boards

receipt of the draft study shall be incorporated as

part of the final study required to be submitted

under subsection (d).

SEC. 306. REGULATIONS. 42

USC 12186.

(a) Transportation Provisions.

(1) General rule. Not later than 1 year after the

date of the enactment of this Act, the Secretary of

Transportation shall issue regulations in an

accessible format to carry out sections 302(b)(2) (B)

and (C) and to carry out section 304 (other than

subsection (b)(4)).

(2) Special rules for providing access to

over-the-road buses.

(A) Interim requirements.

(i) Issuance. Not later than 1 year after

the date of the enactment of this Act, the Secretary

of Transportation shall issue regulations in an

accessible format to carry out sections 304(b)(4)

and 302(b)(2)(D)(ii) that require each private entity

which uses an over-the-road bus to provide

transportation of individuals to provide accessibility

to such bus; except that such regulations shall not

require any structural changes in over-the-road

buses in order to provide access to individuals who

use wheelchairs during the effective period of such

regulations and shall not require the purchase of

boarding assistance devices to provide access to

such individuals.

(ii) Effective period. The regulations

issued pursuant to this subparagraph shall be

effective until the effective date of the regulations

issued under subparagraph (B).

(B) Final requirement.

(i) Review of study and interim

requirements. The Secretary shall review the study

submitted under section 305 and the regulations

issued pursuant to subparagraph (A).

(ii) Issuance. Not later than 1 year

after the date of the submission of the study under

section 305, the Secretary shall issue in an

accessible format new regulations to carry out

sections 304(b)(4) and 302(b)(2)(D)(ii) that require,

taking into account the purposes of the study under

section 305 and any recommendations resulting

from such study, each private entity which uses an

over-the-road bus to provide transportation to

individuals to provide accessibility to such bus to

individuals with disabilities, including individuals

who use wheelchairs.

(iii) Effective period. Subject to section

305(d), the regulations issued pursuant to this

subparagraph shall take effect

(I) with respect to small providers

of transportation (as defined by the Seretary), 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.

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.

included in regulations issued under subsections (a)

and (b) shall be consistent with the minimum

guidelines and requirements issued by the

Architectural and Transportation Barriers Compliance

Board in accordance with section 504 of this Act.

(d) Interim Accessibility Standards.

(1) Facilities. If final regulations have not been

issued pursuant to this section, for new construction

or alterations for which a valid and appropriate State

or local building permit is obtained prior to the

issuance of final regulations under this section, and

for which the construction or alteration authorized

by such permit begins within one year of the receipt

of such permit and is completed under the terms of

such permit, compliance with the Uniform Federal

Accessibility Standards in effect at the time the

building permit is issued shall suffice to satisfy the

requirement that facilities be readily accessible to

and usable by persons with disabilities as required

under section 303, except that, if such final

regulations have not been issued one year after the

Architectural and Transportation Barriers Compliance

Board has issued the supplemental minimum

guidelines required under section 504(a) of this Act,

compliance with such supplemental minimum

guidelines shall be necessary to satisfy the

requirement that facilities be readily accessible to

and usable by persons with disabilities prior to

issuance of the final regulations.

(2) Vehicles and rail passenger cars. If final

regulations have not been issued pursuant to this

section, a private entity shall be considered to have

complied with the requirements of this title, if any,

that a vehicle or rail passenger car be readily

accessible to and usable by individuals with

disabilities, if the design for such vehicle or car

complies with the laws and regulations (including

the Minimum Guidelines and Requirements for

Accessible Design and such supplemental minimum

guidelines as are issued under section 504(a) of this

Act) governing accessibility of such vehicles or cars,

to the extent that such laws and regulations are not

inconsistent with this title and are in effect at the

time such design is substantially completed.

SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND

RELIGIOUS ORGANIZATIONS.

42 USC

12187.

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.

42 USC 12188.

(a) In General.

(1) Availability of remedies and procedures. The

remedies and procedures set forth in section 204(a)

of the Civil Rights Act of 1964 (42 U.S.C.

2000a-3(a)) are the remedies and procedures this

title provides to any person who is being subjected

to discrimination on the basis of disability in violation

of this title or who has reasonable grounds for

believing that such person is about to be subjecte to

discrimination in violation of section 303. Nothing

in this section shall require a person with a disability

to engage in a futile gesture if such person has

actual notice that a person or organization covered

by this title does not intend to comply with its

provisions.

(2) Injunctive relief. In the case of violations of

sections 302(b)(2)(A)(iv) and section 303(a),

injunctive relief shall include an order to alter

facilities to make such facilities readily accessible to

and usable by individuals with disabilities to the

extent required by this title. Where appropriate,

injunctive relief shall also include requiring the

provision of an auxiliary aid or service, modification

of a policy, or provision of alternative methods, to

the extent required by this title.

(b) Enforcement by the Attorney General.

(1) Denial of rights.

(A) Duty to investigate.

(i) In general. The Attorney General

shall investigate alleged violations of this title, and

shall undertake periodic reviews of compliance of

covered entities under this title.

(ii) Attorney General Certification. On

the application of a State or local government, the

Attorney General may, in consultation with the

Architectural and Transportation Barriers Compliance

Board, and after prior notice and a public hearing at

which persons, including individuals with disabilities,

are provided an opportunity to testify against such

certification, certify that a State law or local building

code or similar ordinance that establishes

accessibility requirements meets or exceeds the

minimum requirements of this Act for the

accessibility and usability of covered facilities under

this title. At any enforcement proceeding under this

section, such certification by the Attorney General

shall be rebuttable evidence that such State law or

local ordinance does meet or exceed the minimum

requirements of this Act.

(B) Potential violation. If the Attorney

General has reasonable cause to believe that

(i) any person or group of persons is

engaged in a pattern or practice of discrimination

under this title; or

(ii) any person or group of persons has

been discriminated against under this title and such

discrimination raises an issue of general public

importance,

the Attorney General may commence a civil action

in any appropriate United States district court.

(2) Authority of court. In a civil action under

paragraph (1)(B), the court

(A) may grant any equitable relief that

such court considers to be appropriate, including, to

the extent required by this title

(i) granting temporary, preliminary, or

permanent relief;

(ii) providing an auxiliary aid or

service, modification of policy, practice, or

procedure, or alternative method; and

(iii) making facilities readily accessible

to and usable by individuals with disabilities;

(B) may award such other relief as the

court considers to be appropriate, including

monetary damages to persons aggrieved when

requested by the Attorney General; and

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 consideation 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.

42 USC 12189.

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. 42

USC 12181 note.

(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.

section 302(b)(2) (B) and (C) only, 304(a) for

purposes of section 304(b)(3) only, 304(b)(3), 305,

and 306 shall take effect on the date of the

enactment of this Act.

TITLE IV TELECOMMUNICATIONS

SEC. 401. TELECOMMUNICATIONS RELAY

SERVICES FOR HEARING-IMPAIRED AND

SPEECH-IMPAIRED INDIVIDUALS.

(a) Telecommunications. Title II of the

Communications Act of 1934 (47 U.S.C. 201 et

seq.) is amended by adding at the end thereof the

following new section:

SEC. 225. TELECOMMUNICATIONS SERVICES FOR

HEARING-IMPAIRED AND

SPEECH-IMPAIRED INDIVIDUALS.

State and local Governments. 47 USC 225.

(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

prescibed 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.

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 Commissions

regulations under subsection (d); or

(2) with respect to intrastate telecommunications

relay services in any State that has a certified

program under subsection (f) for such State, if such

common carrier (or other entity through which the

carrier is providing such relay services) is in

compliance with the program certified under

subsection (f) for such State.

(d) Regulations.

(1) In general. The Commission shall, not later than

1 year after the date of enactment of this section,

prescribe regulations to implement this section,

including regulations that

(A) establish functional requirements, guidelines, and

operations procedures for telecommunications relay

services;

(B) establish minimum standards that shall be met in

carrying out subsection (c);

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 rcover the costs incurred

in providing intrastate telecommunications relay

services by a method consistent with the

requirements of this section.

(e) Enforcement.

(1) In general. Subject to subsections (f) and (g), the

Commission shall enforce this section.

(2) Complaint. The Commission shall resolve, by

final order, a complaint alleging a violation of this

section within 180 days after the date such

complaint is filed.

(f) Certification.

(1) State documentation. Any State desiring to

establish a State program under this section shall

submit documentation to the Commission that

describes the program of such State for

implementing intrastate telecommunications relay

services and the procedures and remedies available

for enforcing any requirements imposed by the State

program.

(2) Requirements for certification. After review of

such documentation, the Commission shall certify

the State program if the Commission determines

that

(A) the program makes available to hearing-impaired

and speech-impaired individuals, either directly,

through designees, through a competitively selected

vendor, or through regulation of intrastate common

carriers, intrastate telecommunications relay services

in such State in a manner that meets or exceeds the

requirements of regulations prescribed by the

Commission under subsection (d); and

(B) the program makes available adequate

procedures and remedies for enforcing the

requirements of the State program.

(3) Method of funding. Except as provided in

subsection (d), the Commission shall not refuse to

certify a State program based solely on the method

such State will implement for funding intrastate

telecommunication relay services.

(4) Suspension or revocation of certification. The

Commission may suspend or revoke such

certification if, after notice and opportunity for

hearing, the Commission determines that such

certification is no longer warranted. In a State

whose program has been suspended or revoked, the

Commission shall take such steps as may be

necessary, consistent with this section, to ensure

continuity of telecommunications relay services.

(g) Complaint.

(1) Referral of complaint. If a complaint to the

Commission alleges a violation of this section with

respect to intrastate telecommunications relay

services within a State and certification of the

program of such State under subsection (f) is in

effect, the Commission shall refer such complaint to

such State.

(2) Jurisdiction of commission. After referring a

complaint to a State under paragraph (1), the

Commission shall exercise jurisdiction over such

complaint only if

(A) final action under such State program has not

been taken on such complaint by such State

(i) within 180 days after the complaint is filed with

such State; or

(ii) within a shorter period as prescribed by the

regulations of such State; or

(B) the Commission determines that such State

program is no longer qualified for certification under

subsection (f). .

(b) Conforming Amendments. The Communications

Act of 1934 (47 U.S.C. 151 et seq.) is amended

(1) in section 2(b) (47 U.S.C. 152(b)), by

striking

section 224 and inserting

sections 224 and 225 ; and

(2) in section 221(b) (47 U.S.C. 221(b)), by

striking

section 301 and inserting

sections 225 and 301 .

SEC. 402. CLOSED-CAPTIONING OF PUBLIC

SERVICE ANNOUNCEMENTS.

Section 711 of the Communications Act of 1934 is

amended to read as follows:

SEC. 711. CLOSED-CAPTIONING OF PUBLIC

SERVICE ANNOUNCEMENTS.

47 USC

611.

Any television public service announcement that is

produced or funded in whole or in part by any

agency or instrumentality of Federal Government

shall inclue 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. 42

USC 12201.

(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.

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. 42

USC 12202.

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. 42 USC 12203.

(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.

procedures available under sections 107, 203, and

308 of this Act shall be available toaggrieved

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. 42

USC 12204.

(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.

(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. ATTORNEYS FEES.

42 USC 12205.

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

attorneys 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. 42

USC 12206.

(a) Plan for Assistance.

(1) In general. Not later than 180 days after the

date of enactment of this Act, the Attorney General,

in consultation with the Chair of the Equal

Employment Opportunity Commission, the Secretary

of Transportation, the Chair of the Architectural and

Transportation Barriers Compliance Board, and the

Chairman of the Federal Communications

Commission, shall develop a plan to assist entities

covered under this Act, and other Federal agencies,

in understanding the responsibility of such entities

and agencies under this Act.

(2) Publication of plan. The Attorney General

shall publish the plan referred to in paragraph (1) for

public comment in accordance with subchapter II of

chapter 5 of title 5, United States Code (commonly

known as the Administrative Procedure Act).

(b) Agency and Public Assistance. The Attorney

General may obtain the assistance of other Federal

agencies in carrying out subsection (a), including the

National Council on Disability, the Presidents

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.

(B) Title II.

(i) Subtitle a. The Attorney General

shall implement such plan for assistance for subtitle

A of title II.

(ii) Subtitle b. The Secretary of

Transportation shall implement such plan for

assistance for subtitle B of title II.

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.

42 USC 12207.

(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.

(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.

42 USC 12208.

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.

42 USC 12209.

(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

respect to promotion, compensation, or terms,

conditions, or privileges of employment

on the basis of such individuals 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).

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 protectios

under this Act shall, subject to subparagraph (B),

apply with respect to any employee in an

employment position in the House of

Representatives and any employing authority of the

House of Representatives.

(B) Administration.

(i) In general. In the administration of this

paragraph, the remedies and procedures made

applicable pursuant to the resolution described in

clause (ii) shall apply exclusively.

(ii) Resolution. The resolution referred to

in clause (i) is House Resolution 15 of the One

Hundred First Congress, as agreed to January 3,

1989, or any other provision that continues in effect

the provisions of, or is a successor to, the Fair

Employment Practices Resolution (House Resolution

558 of the One Hundredth Congress, as agreed to

October 4, 1988).

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).

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.

(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.

42 USC 12210.

(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) isparticipating 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.

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.

42 USC 12211.

(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. 42 USC 12115.

(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 se 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.

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. 42 USC 12212.

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. 42

USC 12213.

Should any provision in this Act be found to be

unconstitutional by a court of law, such provision

shall be severed from the remainder of the Act, and

such action shall not affect the enforceability of the

remaining provisions of the Act.

Approved July 26, l990.