PUBLIC LAW 101-336
July 26, 1990
One Hundred First Congress
An Act
To establish a clear and comprehensive prohibition of
discrimination on the basis of disability.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the "Americans
with Disabilities Act of 1990".
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--EMPLOYMENT
Sec. 101. Definitions.
Sec. 102. Discrimination.
Sec. 103. Defenses.
Sec. 104. Illegal use of drugs and alcohol.
Sec. 105. Posting notices.
Sec. 106. Regulations.
Sec. 107. Enforcement.
Sec. 108. Effective date.
TITLE II--PUBLIC SERVICES
Subtitle A--Prohibition Against Discrimination and Other
Generally Applicable Provisions
Sec. 201. Definition.
Sec. 202. Discrimination.
Sec. 203. Enforcement.
Sec. 204. Regulations.
Sec. 205. Effective date.
Subtitle B--Actions Applicable to Public Transportation
Provided by Public entities Considered Discriminatory
Part I--Public Transportation Other Than by Aircraft or Certain
Rail Operations
Sec. 221. Definitions.
Sec. 222. Public entities operating fixed route systems.
Sec. 223. Paratransit as a complement to fixed route service.
Sec. 224. Public entity operating a demand responsive system.
Sec. 225. Temporary relief where lifts are unavailable.
Sec. 226. New facilities.
Sec. 227. Alterations of existing facilities.
Sec. 228. Public transportation programs and activities in
existing facilities and one car per train rule.
Sec. 229. Regulations.
Sec. 230. Interim accessibility requirements.
Sec. 231. Effective date.
Part II--Public Transportation by Intercity and Commuter Rail
Sec. 241. Definitions.
Sec. 242. Intercity and commuter rail actions considered
discriminatory.
Sec. 243. Conformance of accessibility standards.
Sec. 244. Regulations.
Sec. 245. Interim accessibility requirements.
Sec. 246. Effective date.
TITLE III--PUBLIC
ACCOMMODATIONS AND SERVICES
OPERATED BY PRIVATE ENTITIES
Sec. 301. Definitions.
Sec. 302. Prohibition of discrimination by public accommodations.
Sec. 303. New construction and alterations in public
accommodations and commercial facilities.
Sec. 304. Prohibition of discrimination in specified public
transportation services provided by private entities.
Sec. 305. Study.
Sec. 306. Regulations.
Sec. 307. Exemptions for private clubs and religious
organizations.
Sec. 308. Enforcement.
Sec. 309. Examinations and courses.
Sec. 310. Effective date.
TITLE IV--
TELECOMMUNICATIONS
Sec. 401. Telecommunications relay services for hearing-impaired
and speech-impaired individuals.
Sec. 402. Closed-captioning of public service announcements.
TITLE V--MISCELLANEOUS
PROVISIONS
Sec. 501. Construction.
Sec. 502. State immunity.
Sec. 503. Prohibition against retaliation and coercion.
Sec. 504. Regulations by the Architectural and Transportation
Barriers Compliance Board.
Sec. 505. Attorney's fees.
Sec. 506. Technical assistance.
Sec. 507. Federal wilderness areas.
Sec. 508. Transvestites.
Sec. 509. Coverage of Congress and the agencies of the
legislative branch.
Sec. 510. Illegal use of drugs.
Sec. 511. Definitions.
Sec. 512. Amendments to the Rehabilitation Act.
Sec. 513. Alternative means of dispute resolution.
SEC. 514. Severability.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) some 43,000,000 Americans have one or more physical or
mental disabilities, and this number is increasing as the
population as a whole is growing older;
(2) historically, society has tended to isolate and
segregate individuals with disabilities, and, despite some
improvements, such forms of discrimination against individuals
with disabilities continue to be a serious and pervasive social
problem;
(3) discrimination against individuals with disabilities
persists in such critical areas as employment, housing, public
accommodations,education, transportation, communication,
recreation,institutionalization, health services, voting, and
access to public services;
(4) unlike individuals who have experienced discrimination
on the basis of race, color, sex, national origin, religion, or
age, individuals who have experienced discrimination on the basis
of disability have often had no legal recourse to redress such
discrimination;
(5) individuals with disabilities continually encounter
various forms of discrimination, including outright intentional
exclusion, the discriminatory effects of architectural,
transportation, and communication barriers, overprotective rules
and policies, failure to make modifications to existing
facilities and practices, exclusionary qualification standards
and criteria, segregation, and relegation to lesser services,
programs, activities, benefits, jobs, or other opportunities;
(6) census data, national polls, and other studies have
documented that people with disabilities, as a group, occupy an
inferior status in our society, and are severely disadvantaged
socially, vocationally, economically, and educationally;
(7) individuals with disabilities are a discrete and insular
minority who have been faced with restrictions and limitations,
subjected to a history of purposeful unequal treatment, and
relegated to a position of political powerlessness in our
society, based on characteristics that are beyond the control of
such individuals and resulting from stereotypic assumptions not
truly indicative of the individual ability of such individuals to
participate in, and contribute to, society;
(8) the Nation's proper goals regarding individuals with
disabilities are to assure equality of opportunity, full
participation, independent living, and economic self-sufficiency
for such individuals; and
(9) the continuing existence of unfair and unnecessary
discrimination and prejudice denies people with disabilities the
opportunity to compete on an equal basis and to pursue those
opportunities for which our free society is justifiably famous,
and costs the United States billions of dollars in unnecessary
expenses resulting from dependency and nonproductivity.
(b) Purpose.--It is the purpose of this Act--
(1) to provide a clear and comprehensive national mandate
for the elimination of discrimination against individuals with
disabilities;
(2) to provide clear, strong, consistent, enforceable
standards addressing discrimination against individuals with
disabilities;
(3) to ensure that the Federal Government plays a central
role in enforcing the standards established in this Act on behalf
of individuals with disabilities; and
(4) to invoke the sweep of congressional authority,
including the power to enforce the fourteenth amendment and to
regulate commerce, in order to address the major areas of
discrimination faced day-to-day by people with disabilities.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Auxiliary aids and services.--The term "auxiliary aids
and services" includes--
(A) qualified interpreters or other effective methods of
making aurally delivered materials available to individuals with
hearing impairments;
(B) qualified readers, taped texts, or other effective
methods of making visually delivered materials available to
individuals with visual impairments;
(C) acquisition or modification of equipment or devices;
and
(D) other similar services and actions.
(2) Disability.--The term "disability" means, with respect
to an individual--
(A) a physical or mental impairment that substantially
limits one or more of the major life activities of such
individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment.
(3) State.--The term "State" means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, the Trust
Territory of the Pacific Islands, and the Commonwealth of the
Northern Mariana Islands.
TITLE I--EMPLOYMENT
SEC. 101. DEFINITIONS.
As used in this title:
(1) Commission.--The term "Commission" means the Equal
Employment Opportunity Commission established by section 705 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-4).
(2) Covered entity.--The term "covered entity" means an
employer, employment agency, labor organization, or joint
labor-management committee.
(3) Direct threat.--The term "direct threat" means a
significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation.
(4) Employee.--The term "employee" means an individual
employed by an employer.
(5) Employer.--
(A) In general.--The term "employer" means a person
engaged in an industry affecting commerce who has 15 or more
employees for each working day in each of 20 or more calendar
weeks in the current or preceding calendar year, and any agent of
such person, except that, for two years following the effective
date of this title, an employer means a person engaged in an
industry affecting commerce who has 25 or more employees for each
working day in each of 20 or more calendar weeks in the current
or preceding year, and any agent of such person.
(B) Exceptions.--The term "employer" does not include--
(i) the United States, a corporation wholly owned by the
government of the United States, or an Indian tribe; or
(ii) a bona fide private membership club (other than a
labor organization) that is exempt from taxation under section
501(c) of the Internal Revenue Code of 1986.
(6) Illegal use of drugs.--
(A) In general.--The term "illegal use of drugs" means the
use of drugs, the possession or distribution of which is unlawful
under the Controlled Substances Act (21 U.S.C. 812). Such term
does not include the use of a drug taken under supervision by a
licensed health care professional, or other uses authorized by
the Controlled Substances Act or other provisions of Federal
law.
(B) Drugs.--The term "drug" means a controlled
substance, as defined in schedules I through V of section 202
of the Controlled Substances Act.
(7) Person, etc.--The terms "person", "labor
organization", "employment agency", "commerce", and "industry
affecting commerce", shall have the same meaning given such terms
in section 701 of the Civil Rights Act of 1964 (42 U.S.C.
2000e).
(8) Qualified individual with a disability.--The term
"qualified individual with a disability" means an individual with
a disability who, with or without reasonable accommodation, can
perform the essential functions of the employment position that
such individual holds or desires. For the purposes of this title,
consideration shall be given to the employer's judgment as to
what functions of a job are essential, and if an employer has
prepared a written description before advertising or interviewing
applicants for the job, this description shall be considered
evidence of the essential functions of the job.
(9) Reasonable accommodation.--The term "reasonable
accommodation" may include--
(A) making existing facilities used by employees readily
accessible to and usable by individuals with disabilities; and
(B) job restructuring, part-time or modified work
schedules, reassignment to a vacant position, acquisition or
modification of equipment or devices, appropriate adjustment or
modifications of examinations, training materials or policies,
the provision of qualified readers or interpreters, and other
similar accommodations for individuals with disabilities.
(10) Undue hardship.--
(A) In general.--The term "undue hardship" means an action
requiring significant difficulty or expense, when considered in
light of the factors set forth in subparagraph (B).
(B) Factors to be considered.--In determining whether an
accommodation would impose an undue hardship on a covered entity,
factors to be considered include--
(i) the nature and cost of the accommodation needed under
this Act;
(ii) the overall financial resources of the facility or
facilities involved in the provision of the reasonable
accommodation; the number of persons employed at such facility;
the effect on expenses and resources, or the impact otherwise of
such accommodation upon the operation of the facility;
(iii) the overall financial resources of the covered
entity; the overall size of the business of a covered entity with
respect to the number of its employees; the number, type, and
location of its facilities; and
(iv) the type of operation or operations of the covered
entity, including the composition, structure, and functions of
the workforce of such entity; the geographic separateness,
administrative, or fiscal relationship of the facility or
facilities in question to the covered entity.
SEC. 102. DISCRIMINATION.
(a) General Rule.--No covered entity shall discriminate
against a qualified individual with a disability because of the
disability of such individual in regard to job application
procedures, the hiring, advancement, or discharge of employees,
employee compensation, job training, and other terms, conditions,
and privileges of employment.
(b) Construction.--As used in subsection (a), the term
"discriminate" includes--
(1) limiting, segregating, or classifying a job applicant or
employee in a way that adversely affects the opportunities or
status of such applicant or employee because of the disability of
such applicant or employee;
(2) participating in a contractual or other arrangement or
relationship that has the effect of subjecting a covered entity's
qualified applicant or employee with a disability to the
discrimination prohibited by this title (such relationship
includes a relationship with an employment or referral agency,
labor union, an organization providing fringe benefits to an
employee of the covered entity, or an organization providing
training and apprenticeship programs);
(3) utilizing standards, criteria, or methods of
administration--
(A) that have the effect of discrimination on the basis of
disability; or
(B) that perpetuate the discrimination of others who are
subject to common administrative control;
(4) excluding or otherwise denying equal jobs or benefits to
a qualified individual because of the known disability of an
individual with whom the qualified individual is known to have a
relationship or association;
(5)(A) not making reasonable accommodations to the known
physical or mental limitations of an otherwise qualified
individual with a disability who is an applicant or employee,
unless such covered entity can demonstrate that the accommodation
would impose an undue hardship on the operation of the business
of such covered entity; or
(B) denying employment opportunities to a job applicant or
employee who is an otherwise qualified individual with a
disability, if such denial is based on the need of such covered
entity to make reasonable accommodation to the physical or mental
impairments of the employee or applicant;
(6) using qualification standards, employment tests or other
selection criteria that screen out or tend to screen out an
individual with a disability or a class of individuals with
disabilities unless the standard, test or other selection
criteria, as used by the covered entity, is shown to be
job-related for the position in question and is consistent with
business necessity; and
(7) failing to select and administer tests concerning
employment in the most effective manner to ensure that, when such
test is administered to a job applicant or employee who has a
disability that impairs sensory, manual, or speaking skills, such
test results accurately reflect the skills, aptitude, or whatever
other factor of such applicant or employee that such test
purports to measure, rather than reflecting the impaired sensory,
manual, or speaking skills of such employee or applicant (except
where such skills are the factors that the test purports to
measure).
(c) Medical Examinations and Inquiries.--
(1) In general.--The prohibition against discrimination as
referred to in subsection (a) shall include medical
examinations and inquiries.
(2) Preemployment.--
(A) Prohibited examination or inquiry.--Except as provided
in paragraph (3), a covered entity shall not conduct a medical
examination or make inquiries of a job applicant as to whether
such applicant is an individual with a disability or as to the
nature or severity of such disability.
(B) Acceptable inquiry.--A covered entity may make
preemployment inquiries into the ability of an applicant to
perform job-related functions.
(3) Employment entrance examination.--A covered entity may
require a medical examination after an offer of employment has
been made to a job applicant and prior to the commencement of the
employment duties of such applicant, and may condition an offer
of employment on the results of such examination, if--
(A) all entering employees are subjected to such an
examination regardless of disability;
(B) information obtained regarding the medical condition
or history of the applicant is collected and maintained on
separate forms and in separate medical files and is treated as a
confidential medical record, except that--
(i) supervisors and managers may be informed regarding
necessary restrictions on the work or duties of the employee and
necessary accommodations;
(ii) first aid and safety personnel may be informed,
when appropriate, if the disability might require emergency
treatment; and
(iii) government officials investigating compliance
with this Act shall be provided relevant information on request;
and
(C) the results of such examination are used only in
accordance with this title.
(4) Examination and inquiry.--
(A) Prohibited examinations and inquiries.--A covered
entity shall not require a medical examination and shall not make
inquiries of an employee as to whether such employee is an
individual with a disability or as to the nature or severity of
the disability, unless such examination or inquiry is shown to be
job-related and consistent with business necessity.
(B) Acceptable examinations and inquiries.--A covered
entity may conduct voluntary medical examinations, including
voluntary medical histories, which are part of an employee health
program available to employees at that work site. A covered
entity may make inquiries into the ability of an employee to
perform job-related functions.
(C) Requirement.--Information obtained under subparagraph
(B) regarding the medical condition or history of any employee
are subject to the requirements of subparagraphs (B) and (C)
of paragraph (3).
SEC. 103. DEFENSES.
(a) In General.--It may be a defense to a charge of
discrimination under this Act that an alleged application of
qualification standards, tests, or selection criteria that screen
out or tend to screen out or otherwise deny a job or benefit to
an individual with a disability has been shown to be job-related
and consistent with business necessity, and such performance
cannot be accomplished by reasonable accommodation, as required
under this title.
(b) Qualification Standards.--The term "qualification
standards" may include a requirement that an individual shall not
pose a direct threat to the health or safety of other individuals
in the workplace.
(c) Religious Entities.--
(1) In general.--This title shall not prohibit a religious
corporation, association, educational institution, or society
from giving preference in employment to individuals of a
particular religion to perform work connected with the carrying
on by such corporation, association, educational institution, or
society of its activities.
(2) Religious tenets requirement.--Under this title, a
religious organization may require that all applicants and
employees conform to the religious tenets of such organization.
(d) List of Infectious and Communicable Diseases.--
(1) In general.--The Secretary of Health and Human Services,
not later than 6 months after the date of enactment of this Act,
shall--
(A) review all infectious and communicable diseases which
may be transmitted through handling the food supply;
(B) publish a list of infectious and communicable diseases
which are transmitted through handling the food supply;
(C) publish the methods by which such diseases are
transmitted; and
(D) widely disseminate such information regarding the list
of diseases and their modes of transmissibility 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
transmissibility published by the Secretary of Health and Human
Services.
SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
(a) Qualified Individual With a Disability.--For purposes
of this title, the term "qualified individual with a disability"
shall not include any employee or applicant who is currently
engaging in the illegal use of drugs, when the covered entity
acts on the basis of such use.
(b) Rules of Construction.--Nothing in subsection (a)
shall be construed to exclude as a qualified individual with a
disability an individual who--
(1) has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the illegal
use of drugs, or has otherwise been rehabilitated successfully
and is no longer engaging in such use;
(2) is participating in a supervised rehabilitation program
and is no longer engaging in such use; or
(3) is erroneously regarded as engaging in such use, but is
not engaging in such use; except that it shall not be a violation
of this Act for a covered entity to adopt or administer
reasonable policies or procedures, including but not limited to
drug testing, designed to ensure that an individual described in
paragraph (1) or (2) is no longer engaging in the illegal use of
drugs.
(c) Authority of Covered Entity.--A covered entity--
(1) may prohibit the illegal use of drugs and the use of
alcohol at the workplace by all employees;
(2) may require that employees shall not be under the
influence of alcohol or be engaging in the illegal use of drugs
at the workplace;
(3) may require that employees behave in conformance with
the requirements established under the Drug-Free Workplace Act of
1988 (41 U.S.C. 701 et seq.);
(4) may hold an employee who engages in the illegal use of
drugs or who is an alcoholic to the same qualification standards
for employment or job performance and behavior that such entity
holds other employees, even if any unsatisfactory performance or
behavior is related to the drug use or alcoholism of such
employee; and
(5) may, with respect to Federal regulations regarding
alcohol and the illegal use of drugs, require that--
(A) employees comply with the standards established in
such regulations of the Department of Defense, if the employees
of the covered entity are employed in an industry subject to such
regulations, including complying with regulations (if any) that
apply to employment in sensitive positions in such an industry,
in the case of employees of the covered entity who are employed
in such positions (as defined in the regulations of the
Department of Defense);
(B) employees comply with the standards established in
such regulations of the Nuclear Regulatory Commission, if the
employees of the covered entity are employed in an industry
subject to such regulations, including complying with regulations
(if any) that apply to employment in sensitive positions in such
an industry, in the case of employees of the covered entity who
are employed in such positions (as defined in the regulations of
the Nuclear Regulatory Commission); and
(C) employees comply with the standards established in
such regulations of the Department of Transportation, if the
employees of the covered entity are employed in a transportation
industry subject to such regulations, including complying with
such regulations (if any) that apply to employment in sensitive
positions in such an industry, in the case of employees of the
covered entity who are employed in such positions (as defined in
the regulations of the Department of Transportation).
(d) Drug Testing.--
(1) In general.--For purposes of this title, a test to
determine the illegal use of drugs shall not be considered a
medical examination.
(2) Construction.--Nothing in this title shall be construed
to encourage, prohibit, or authorize the conducting of drug
testing for the illegal use of drugs by job applicants or
employees or making employment decisions based on such test
results.
(e) Transportation Employees.--Nothing in this title shall
be construed to encourage, prohibit, restrict, or authorize the
otherwise lawful exercise by entities subject to the jurisdiction
of the Department of Transportation of authority to--
(1) test employees of such entities in, and applicants for,
positions involving safety-sensitive duties for the illegal use
of drugs and for on-duty impairment by alcohol; and
(2) remove such persons who test positive for illegal use of
drugs and on-duty impairment by alcohol pursuant to paragraph (1)
from safety-sensitive duties in implementing subsection (c).
SEC. 105. POSTING NOTICES.
Every employer, employment agency, labor organization, or
joint labor-management committee covered under this title shall
post notices in an accessible format to applicants, employees,
and members describing the applicable provisions of this Act, in
the manner prescribed by section 711 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-10).
SEC. 106. REGULATIONS.
Not later than 1 year after the date of enactment of this
Act, the Commission shall issue regulations in an accessible
format to carry out this title in accordance with subchapter
II of chapter 5 of title 5, United States Code.
SEC. 107. ENFORCEMENT.
(a) Powers, Remedies, and Procedures.--The powers,
remedies, and procedures set forth in sections 705, 706, 707,
709, and 710 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall
be the powers, remedies, and procedures this title provides to
the Commission, to the Attorney General, or to any person
alleging discrimination on the basis of disability in violation
of any provision of this Act, or regulations promulgated under
section 106, concerning employment.
(b) Coordination.--The agencies with enforcement authority
for actions which allege employment discrimination under this
title and under the Rehabilitation Act of 1973 shall develop
procedures to ensure that administrative complaints filed under
this title and under the Rehabilitation Act of 1973 are dealt
with in a manner that avoids duplication of effort and prevents
imposition of inconsistent or conflicting standards for the same
requirements under this title and the Rehabilitation Act of 1973.
The Commission, the Attorney General, and the Office of Federal
Contract Compliance Programs shall establish such coordinating
mechanisms (similar to provisions contained in the joint
regulations promulgated by the Commission and the Attorney
General at part 42 of title 28 and part 1691 of title 29, Code of
Federal Regulations, and the Memorandum of Understanding between
the Commission and the Office of Federal Contract Compliance
Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23,
1981)) in regulations implementing this title and Rehabilitation
Act of 1973 not later than 18 months after the date of enactment
of this Act.
SEC. 108. EFFECTIVE DATE.
This title shall become effective 24 months after the date
of enactment.
TITLE II--PUBLIC SERVICES
Subtitle A--Prohibition Against Discrimination and
Other Generally Applicable Provisions
SEC. 201. DEFINITION.
As used in this title:
(1) Public entity.--The term "public entity" means--
(A) any State or local government;
(B) any department, agency, special purpose district, or
other instrumentality of a State or States or local government;
and
(C) the National Railroad Passenger Corporation, and any
commuter authority (as defined in section 103(8) of the Rail
Passenger Service Act).
(2) Qualified individual with a disability.--The term
"qualified individual with a disability" means an individual with
a disability who, with or without reasonable modifications to
rules, policies, or practices, the removal of architectural,
communication, or transportation barriers, or the provision of
auxiliary aids and services, meets the essential eligibility
requirements for the receipt of services or the participation in
programs or activities provided by a public entity.
SEC. 202. DISCRIMINATION.
Subject to the provisions of this title, no qualified
individual with a disability shall, by reason of such disability,
be excluded from participation in or be denied the benefits of
the services, programs, or activities of a public entity, or be
subjected to discrimination by any such entity.
SEC. 203. ENFORCEMENT.
The remedies, procedures, and rights set forth in section
505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall
be the remedies, procedures, and rights this title provides to
any person alleging discrimination on the basis of disability in
violation of section 202.
SEC. 204. REGULATIONS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall promulgate
regulations in an accessible format that implement this subtitle.
Such regulations shall not include any matter within the scope of
the authority of the Secretary of Transportation under section
223, 229, or 244.
(b) Relationship to Other Regulations.--Except for
"program accessibility, existing facilities", and
"communications", regulations under subsection (a) shall be
consistent with this Act and with the coordination regulations
under part 41 of title 28, Code of Federal Regulations (as
promulgated by the Department of Health, Education, and Welfare
on January 13, 1978), applicable to recipients of Federal
financial assistance under section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794). With respect to "program
accessibility", "existing facilities", and "communications", such
regulations shall be consistent with regulations and analysis as
in part 39 of title 28 of the Code of Federal Regulations,
applicable to federally conducted activities under such section
504.
(c) Standards.--Regulations under subsection (a) shall
include standards applicable to facilities and vehicles covered
by this subtitle, other than facilities, stations, rail passenger
cars, and vehicles covered by subtitle B. Such standards shall
be consistent with the minimum guidelines and requirements issued
by the Architectural and Transportation Barriers Compliance Board
in accordance with section 504(a) of this Act.
SEC. 205. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection (b),
this subtitle shall become effective 18 months after the date of
enactment of this Act.
(b) Exception.--Section 204 shall become effective on the
date of enactment of this Act.
Subtitle B--Actions Applicable to Public
Transportation Provided by Public Entities Considered
Discriminatory
PART I--PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN
RAIL OPERATIONS
SEC. 221. DEFINITIONS.
As used in this part:
(1) Demand responsive system.--The term "demand responsive
system" means any system of providing designated public
transportation which is not a fixed route system.
(2) Designated public transportation.--The term "designated
public transportation" means transportation (other than public
school transportation) by bus, rail, or any other conveyance
(other than transportation by aircraft or intercity or commuter
rail transportation (as defined in section 241)) that provides
the general public with general or special service (including
charter service) on a regular and continuing basis.
(3) Fixed route system.--The term "fixed route system" means
a system of providing designated public transportation on which a
vehicle is operated along a prescribed route according to a fixed
schedule.
(4) Operates.--The term "operates", as used with respect to
a fixed route system or demand responsive system, includes
operation of such system by a person under a contractual or other
arrangement or relationship with a public entity.
(5) Public school transportation.--The term "public school
transportation" means transportation by school bus vehicles of
schoolchildren, personnel, and equipment to and from a public
elementary or secondary school and school-related activities.
(6) Secretary.--The term "Secretary" means the Secretary of
Transportation.
SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS.
(a) Purchase and Lease of New Vehicles.--It shall be
considered discrimination for purposes of section 202 of this Act
and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794) for a public entity which operates a fixed route system to
purchase or lease a new bus, a new rapid rail vehicle, a new
light rail vehicle, or any other new vehicle to be used on such
system, if the solicitation for such purchase or lease is made
after the thirtieth day following the effective date of this
subsection and if such bus, rail vehicle, or other vehicle is not
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs.
(b) Purchase and Lease of Used Vehicles.--Subject to
subsection (c)(1), it shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity
which operates a fixed route system to purchase or lease,after
the 30th day following the effective date of this subsection, a
used vehicle for use on such system unless such entity makes
demonstrated good faith efforts to purchase or lease a used
vehicle for use on such system that is readily accessible to and
usable by individuals with disabilities,including individuals who
use wheelchairs.
(c) Remanufactured Vehicles.--
(1) General rule.--Except as provided in paragraph (2), it
shall be considered discrimination for purposes of section 202 of
this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) for a public entity which operates a fixed route
system--
(A) to remanufacture a vehicle for use on such system so
as to extend its usable life for 5 years or more, which
remanufacture begins (or for which the solicitation is made)
after the 30th day following the effective date of this
subsection; or
(B) to purchase or lease for use on such system a
remanufactured vehicle which has been remanufactured so as to
extend its usable life for 5 years or more, which purchase or
lease occurs after such 30th day and during the period in which
the usable life is extended; unless, after remanufacture, the
vehicle is, to the maximum extent feasible, readily accessible to
and usable by individuals with disabilities, including
individuals who use wheelchairs.
(2) Exception for historic vehicles.--
(A) General rule.--If a public entity operates a fixed
route system any segment of which is included on the National
Register of Historic Places and if making a vehicle of historic
character to be used solely on such segment readily accessible to
and usable by individuals with disabilities would significantly
alter the historic character of such vehicle, the public entity
only has to make (or to purchase or lease a remanufactured
vehicle with) those modifications which are necessary to meet the
requirements of paragraph (1) and which do not significantly
alter the historic character of such vehicle.
(B) Vehicles of historic character defined by
regulations.--For purposes of this paragraph and section
228(b), a vehicle of historic character shall be defined by the
regulations issued by the Secretary to carry out this subsection.
SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE.
(a) General Rule.--It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity
which operates a fixed route system (other than a system which
provides solely commuter bus service) to fail to provide with
respect to the operations of its fixed route system, in
accordance with this section, paratransit and other special
transportation services to individuals with disabilities,
including individuals who use wheelchairs, that are sufficient to
provide to such individuals a level of service
(1) which is comparable to the level of designated public
transportation services provided to individuals without
disabilities using such system; or
(2) in the case of response time, which is comparable, to
the extent practicable, to the level of designated public
transportation services provided to individuals without
disabilities using such system.
(b) Issuance of Regulations.--Not later than 1 year after
the effective date of this subsection, the Secretary shall issue
final regulations to carry out this section.
(c) Required Contents of Regulations.--
(1) Eligible recipients of service.--The regulations issued
under this section shall require each public entity which
operates a fixed route system to provide the paratransit and
other special transportation services required under this
section--
(A)(i) to any individual with a disability who is
unable, as a result of a physical or mental impairment (including
a vision impairment) and without the assistance of another
individual (except an operator of a wheelchair lift or other
boarding assistance device), to board, ride, or disembark from
any vehicle on the system which is readily accessible to and
usable by individuals with disabilities;
(ii) to any individual with a disability who needs the
assistance of a wheelchair lift or other boarding assistance
device (and is able with such assistance) to board, ride, and
disembark from any vehicle which is readily accessible to and
usable by individuals with disabilities if the individual wants
to travel on a route on the system during the hours of operation
of the system at a time (or within a reasonable period of such
time) when such a vehicle is not being used to provide designated
public transportation on the route; and
(iii) to any individual with a disability who has a
specific impairment-related condition which prevents such
individual from traveling to a boarding location or from a
disembarking location on such system;
(B) to one other individual accompanying the individual
with the disability; and
(C) to other individuals, in addition to the one
individual described in subparagraph (B), accompanying the
individual with a disability provided that space for these
additional individuals is available on the paratransit vehicle
carrying the individual with a disability and that the
transportation of such additional individuals will not result in
a denial of service to individuals with disabilities. For
purposes of clauses (i) and (ii) of subparagraph (A),
boarding or disembarking from a vehicle does not include travel
to the boarding location or from the disembarking location.
(2) Service area.--The regulations issued under this section
shall require the provision of paratransit and special
transportation services required under this section in the
service area of each public entity which operates a fixed route
system, other than any portion of the service area in which the
public entity solely provides commuter bus service.
(3) Service criteria.--Subject to paragraphs (1) and (2),
the regulations issued under this section shall establish minimum
service criteria for determining the level of services to be
required under this section.
(4) Undue financial burden limitation.--The regulations
issued under this section shall provide that, if the public
entity is able to demonstrate to the satisfaction of the
Secretary that the provision of paratransit and other special
transportation services otherwise required under this section
would impose an undue financial burden on the public entity, the
public entity, notwithstanding any other provision of this
section (other than paragraph (5)), shall only be required to
provide such services to the extent that providing such services
would not impose such a burden.
(5) Additional services.--The regulations issued under this
section shall establish circumstances under which the Secretary
may require a public entity to provide, notwithstanding paragraph
(4), paratransit and other special transportation services under
this section beyond the level of paratransit and other special
transportation services which would otherwise be required under
paragraph (4).
(6) Public participation.--The regulations issued under this
section shall require that each public entity which operates a
fixed route system hold a public hearing, provide an opportunity
for public comment,and consult with individuals with disabilities
in preparing its plan under paragraph (7).
(7) Plans.--The regulations issued under this section shall
require that each public entity which operates a fixed route
system--
(A) within 18 months after the effective date of this
subsection,submit to the Secretary, and commence implementation
of, a plan for providing paratransit and other special
transportation services which meets the requirements of this
section; and
(B) on an annual basis thereafter, submit to the
Secretary, and commence implementation of, a plan for providing
such services.
(8) Provision of services by others.--The regulations issued
under this section shall--
(A) require that a public entity submitting a plan to the
Secretary under this section identify in the plan any person or
other public entity which is providing a paratransit or other
special transportation service for individuals with disabilities
in the service area to which the plan applies; and
(B) provide that the public entity submitting the plan
does not have to provide under the plan such service for
individuals with disabilities.
(9) Other provisions.--The regulations issued under this
section shall include such other provisions and requirements as
the Secretary determines are necessary to carry out the
objectives of this section.
(d) Review of Plan.--
(1) General rule.--The Secretary shall review a plan
submitted under this section for the purpose of determining
whether or not such plan meets the requirements of this section,
including the regulations issued under this section.
(2) Disapproval.--If the Secretary determines that a plan
reviewed under this subsection fails to meet the requirements of
this section,the Secretary shall disapprove the plan and notify
the public entity which submitted the plan of such disapproval
and the reasons therefor.
(3) Modification of disapproved plan.--Not later than 90
days after the date of disapproval of a plan under this
subsection, the public entity which submitted the plan shall
modify the plan to meet the requirements of this section and
shall submit to the Secretary, and commence implementation of,
such modified plan.
(e) Discrimination Defined.--As used in subsection (a),
the term "discrimination" includes--
(1) a failure of a public entity to which the regulations
issued under this section apply to submit, or commence
implementation of, a plan in accordance with subsections (c)(6)
and (c)(7);
(2) a failure of such entity to submit, or commence
implementation of,a modified plan in accordance with subsection
(d)(3);
(3) submission to the Secretary of a modified plan under
subsection (d)(3) which does not meet the requirements of this
section; or
(4) a failure of such entity to provide paratransit or other
special transportation services in accordance with the plan or
modified plan the public entity submitted to the Secretary under
this section.
(f) Statutory Construction.--Nothing in this section shall
be construed as preventing a public entity--
(1) from providing paratransit or other special
transportation services at a level which is greater than the
level of such services which are required by this section,
(2) from providing paratransit or other special
transportation services in addition to those paratransit and
special transportation services required by this section, or
(3) from providing such services to individuals in addition
to those individuals to whom such services are required to be
provided by this section.
SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM.
If a public entity operates a demand responsive system, it
shall be considered discrimination, for purposes of section 202
of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), for such entity to purchase or lease a new vehicle
for use on such system, for which a solicitation is made after
the 30th day following the effective date of this section, that
is not readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, unless
such system, when viewed in its entirety, provides a level of
service to such individuals equivalent to the level of service
such system provides to individuals without disabilities.
SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE.
(a) Granting.--With respect to the purchase of new buses,
a public entity may apply for, and the Secretary may temporarily
relieve such public entity from the obligation under section
222(a) or 224 to purchase new buses that are readily accessible
to and usable by individuals with disabilities if such public
entity demonstrates to the satisfaction of the Secretary--
(1) that the initial solicitation for new buses made by the
public entity specified that all new buses were to be
lift-equipped and were to be otherwise accessible to and usable
by individuals with disabilities;
(2) the unavailability from any qualified manufacturer of
hydraulic,electromechanical, or other lifts for such new buses;
(3) that the public entity seeking temporary relief has made
good faith efforts to locate a qualified manufacturer to supply
the lifts to the manufacturer of such buses in sufficient time to
comply with such solicitation; and
(4) that any further delay in purchasing new buses necessary
to obtain such lifts would significantly impair transportation
services in the community served by the public entity.
(b) Duration and Notice to Congress.--Any relief granted
under subsection (a) shall be limited in duration by a
specified date, and the appropriate committees of Congress shall
be notified of any such relief granted.
(c) Fraudulent Application.--If, at any time, the
Secretary has reasonable cause to believe that any relief granted
under subsection (a) was fraudulently applied for, the
Secretary shall--
(1) cancel such relief if such relief is still in effect;
and
(2) take such other action as the Secretary considers
appropriate.
SEC. 226. NEW FACILITIES.
For purposes of section 202 of this Act and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be
considered discrimination for a public entity to construct a new
facility to be used in the provision of designated public
transportation services unless such facility is readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
SEC. 227. ALTERATIONS OF EXISTING FACILITIES.
(a) General Rule.--With respect to alterations of an
existing facility or part thereof used in the provision of
designated public transportation services that affect or could
affect the usability of the facility or part thereof, it shall be
considered discrimination, for purposes of section 202 of this
Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), for a public entity to fail to make such
alterations (or to ensure that the alterations are made) in such
a manner that, to the maximum extent feasible, the altered
portions of the facility are readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, upon the completion of such alterations. Where the
public entity is undertaking an alteration that affects or could
affect usability of or access to an area of the facility
containing a primary function, the entity shall also make the
alterations in such a manner that, to the maximum extent
feasible, the path of travel to the altered area and the
bathrooms,telephones, and drinking fountains serving the altered
area, are readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, upon
completion of such alterations, where such alterations to the
path of travel or the bathrooms, telephones, and drinking
fountains serving the altered area are not disproportionate to
the overall alterations in terms of cost and scope (as determined
under criteria established by the Attorney General).
(b) Special Rule for Stations.--
(1) General rule.--For purposes of section 202 of this Act
and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), it shall be considered discrimination for a public entity
that provides designated public transportation to fail, in
accordance with the provisions of this subsection, to make key
stations (as determined under criteria established by the
Secretary by regulation) in rapid rail and light rail systems
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs.
(2) Rapid rail and light rail key stations.--
(A) Accessibility.--Except as otherwise provided in this
paragraph, all key stations (as determined under criteria
established by the Secretary by regulation) in rapid rail and
light rail systems shall be made readily accessible to and usable
by individuals with disabilities, including individuals who use
wheelchairs, as soon as practicable but in no event later than
the last day of the 3-year period beginning on the effective date
of this paragraph.
(B) Extension for extraordinarily expensive structural
changes.--The Secretary may extend the 3-year period under
subparagraph (A) up to a 30-year period for key stations in a
rapid rail or light rail system which stations need
extraordinarily expensive structural changes to, or replacement
of, existing facilities; except that by the last day of the 20th
year following the date of the enactment of this Act at least
two-thirds of such key stations must be readily accessible to and
usable by individuals with disabilities.
(3) Plans and milestones.--The Secretary shall require the
appropriate public entity to develop and submit to the Secretary
a plan for compliance with this subsection--
(a) that reflects consultation with individuals with
disabilities affected by such plan and the results of a public
hearing and public comments on such plan, and
(b) that establishes milestones for achievement of the
requirements of this subsection.
SEC. 228. PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN
EXISTING FACILITIES AND ONE CAR PER TRAIN RULE.
(a) Public Transportation Programs and Activities in
Existing Facilities.--
(1) In general.--With respect to existing facilities used in
the provision of designated public transportation services, it
shall be considered discrimination, for purposes of section 202
of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), for a public entity to fail to operate a
designated public transportation program or activity conducted in
such facilities so that, when viewed in the entirety, the program
or activity is readily accessible to and usable by individuals
with disabilities.
(2) Exception.--Paragraph (1) shall not require a public
entity to make structural changes to existing facilities in order
to make such facilities accessible to individuals who use
wheelchairs, unless and to the extent required by section
227(a) (relating to alterations) or section 227(b) (relating
to key stations).
(3) Utilization.--Paragraph (1) shall not require a public
entity to which paragraph (2) applies, to provide to individuals
who use wheelchairs services made available to the general public
at such facilities when such individuals could not utilize or
benefit from such services provided at such facilities.
(b) One Car Per Train Rule.--
(1) General rule.--Subject to paragraph (2), with respect to
2 or more vehicles operated as a train by a light or rapid rail
system, for purposes of section 202 of this Act and section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be
considered discrimination for a public entity to fail to have at
least 1 vehicle per train that is accessible to individuals with
disabilities, including individuals who use wheelchairs, as soon
as practicable but in no event later than the last day of the
5-year period beginning on the effective date of this section.
(2) Historic trains.--In order to comply with paragraph (1)
with respect to the remanufacture of a vehicle of historic
character which is to be used on a segment of a light or rapid
rail system which is included on the National Register of
Historic Places, if making such vehicle readily accessible to and
usable by individuals with disabilities would significantly alter
the historic character of such vehicle, the public entity which
operates such system only has to make (or to purchase or lease a
remanufactured vehicle with) those modifications which are
necessary to meet the requirements of section 222(c)(1) and
which do not significantly alter the historic character of such
vehicle.
SEC. 229. REGULATIONS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue regulations, in an accessible format, necessary for
carrying out this part (other than section 223).
(b) Standards.--The regulations issued under this section
and section 223 shall include standards applicable to facilities
and vehicles covered by this subtitle. The standards shall be
consistent with the minimum guidelines and requirements issued by
the Architectural and Transportation Barriers Compliance Board in
accordance with section 504 of this Act.
SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS.
If final regulations have not been issued pursuant to
section 229, for new construction or alterations for which a
valid and appropriate State or local building permit is obtained
prior to the issuance of final regulations under such section,
and for which the construction or alteration authorized by such
permit begins within one year of the receipt of such permit and
is completed under the terms of such permit, compliance with the
Uniform Federal Accessibility Standards in effect at the time the
building permit is issued shall suffice to satisfy the
requirement that facilities be readily accessible to and usable
by persons with disabilities as required under sections 226 and
227, except that, if such final regulations have not been issued
one year after the Architectural and Transportation Barriers
Compliance Board has issued the supplemental minimum guidelines
required under section 504(a) of this Act, compliance with such
supplemental minimum guidelines shall be necessary to satisfy the
requirement that facilities be readily accessible to and usable
by persons with disabilities prior to issuance of the final
regulations.
SEC. 231. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection (b),
this part shall become effective 18 months after the date of
enactment of this Act.
(b) Exception.--Sections 222, 223 (other than subsection
(a)), 224, 225,227(b), 228(b), and 229 shall become
effective on the date of enactment of this Act.
PART II--PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL
SEC. 241. DEFINITIONS.
As used in this part:
(1) Commuter authority.--The term "commuter authority" has
the meaning given such term in section 103(8) of the Rail
Passenger Service Act (45 U.S.C. 502(8)).
(2) Commuter rail transportation.--The term "commuter rail
transportation" has the meaning given the term "commuter service"
in section 103(9) of the Rail Passenger Service Act (45 U.S.C.
502(9)).
(3) Intercity rail transportation.--The term "intercity rail
transportation" means transportation provided by the National
Railroad Passenger Corporation.
(4) Rail passenger car.--The term "rail passenger car"
means, with respect to intercity rail transportation,
single-level and bi-level coach cars, single-level and bi-level
dining cars, single-level and bi-level sleeping cars,
single-level and bi-level lounge cars, and food service cars.
(5) Responsible person.--The term "responsible person"
means--
(A) in the case of a station more than 50 percent of which
is owned by a public entity, such public entity;
(B) in the case of a station more than 50 percent of which
is owned by a private party, the persons providing intercity or
commuter rail transportation to such station, as allocated on an
equitable basis by regulation by the Secretary of Transportation;
and
(C) in a case where no party owns more than 50 percent of
a station, the persons providing intercity or commuter rail
transportation to such station and the owners of the station,
other than private party owners, as allocated on an equitable
basis by regulation by the Secretary of Transportation.
(6) Station.--The term "station" means the portion of a
property located appurtenant to a right-of-way on which intercity
or commuter rail transportation is operated, where such portion
is used by the general public and is related to the provision of
such transportation, including passenger platforms, designated
waiting areas, ticketing areas, restrooms, and, where a public
entity providing rail transportation owns the property,
concession areas, to the extent that such public entity exercises
control over the selection, design, construction, or alteration
of the property, but such term does not include flag stops.
SEC. 242. INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED
DISCRIMINATORY.
(a) Intercity Rail Transportation.--
(1) One car per train rule.--It shall be considered
discrimination for purposes of section 202 of this Act and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
for a person who provides intercity rail transportation to fail
to have at least one passenger car per train that is readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, in accordance with
regulations issued under section 244, as soon as practicable, but
in no event later than 5 years after the date of enactment of
this Act.
(2) New intercity cars.--
(A) General rule.--Except as otherwise provided in this
subsection with respect to individuals who use wheelchairs, it
shall be considered discrimination for purposes of section 202 of
this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) for a person to purchase or lease any new rail
passenger cars for use in intercity rail transportation, and for
which a solicitation is made later than 30 days after the
effective date of this section,unless all such rail cars are
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, as
prescribed by the Secretary of Transportation in regulations
issued under section 244.
(B) Special rule for single-level passenger coaches for
individuals who use wheelchairs.--Single-level passenger coaches
shall be required to--
(i) be able to be entered by an individual who uses a
wheelchair;
(ii) have space to park and secure a wheelchair;
(iii) have a seat to which a passenger in a wheelchair
can transfer, and a space to fold and store such passenger's
wheelchair; and
(iv) have a restroom usable by an individual who uses a
wheelchair, only to the extent provided in paragraph (3).
(C) Special rule for single-level dining cars for
individuals who use wheelchairs.--Single-level dining cars shall
not be required to--
(i) be able to be entered from the station platform by an
individual who uses a wheelchair; or
(ii) have a restroom usable by an individual who uses a
wheelchair if no restroom is provided in such car for any
passenger.
(D) Special rule for bi-level dining cars for individuals
who use wheelchairs.--Bi-level dining cars shall not be required
to--
(i) be able to be entered by an individual who uses a
wheelchair;
(ii) have space to park and secure a wheelchair;
(iii) have a seat to which a passenger in a wheelchair
can transfer, or a space to fold and store such passenger's
wheelchair; or
(iv) have a restroom usable by an individual who uses a
wheelchair.
(3) Accessibility of single-level coaches.--
(A) General rule.--It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who
provides intercity rail transportation to fail to have on each
train which includes one or more single-level rail passenger
coaches--
(i) a number of spaces--
(I) to park and secure wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs) equal to not
less than one-half of the number of single-level rail passenger
coaches in such train; and
(II) to fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal to not
less than one-half of the number of single-level rail passenger
coaches in such train, as soon as practicable, but in no event
later than 5 years after the date of enactment of this Act; and
(ii) a number of spaces--
(I) to park and secure wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs) equal to not
less than the total number of single-level rail passenger coaches
in such train; and
(II) to fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal to not
less than the total number of single-level rail passenger coaches
in such train, as soon as practicable, but in no event later than
10 years after the date of enactment of this Act.
(B) Location.--Spaces required by subparagraph (A) shall
be located in single-level rail passenger coaches or food service
cars.
(C) Limitation.--Of the number of spaces required on a
train by subparagraph (A), not more than two spaces to park and
secure wheelchairs nor more than two spaces to fold and store
wheelchairs shall be located in any one coach or food service
car.
(D) Other accessibility features.--Single-level rail
passenger coaches and food service cars on which the spaces
required by subparagraph (A) are located shall have a restroom
usable by an individual who uses a wheelchair and shall be able
to be entered from the station platform by an individual who uses
a wheelchair.
(4) Food service.--
(A) Single-level dining cars.--On any train in which a
single-level dining car is used to provide food service--
(i) if such single-level dining car was purchased after
the date of enactment of this Act, table service in such car
shall be provided to a passenger who uses a wheelchair if--
(I) the car adjacent to the end of the dining car through
which a wheelchair may enter is itself accessible to a
wheelchair;
(II) such passenger can exit to the platform from the
car such passenger occupies, move down the platform, and enter
the adjacent accessible car described in subclause (i) without
the necessity of the train being moved within the station; and
(III) space to park and secure a wheelchair is
available in the dining car at the time such passenger wishes to
eat (if such passenger wishes to remain in a wheelchair), or
space to store and fold a wheelchair is available in the dining
car at the time such passenger wishes to eat (if such passenger
wishes to transfer to a dining car seat); and
(ii) appropriate auxiliary aids and services, including
a hard surface on which to eat, shall be provided to ensure that
other equivalent food service is available to individuals with
disabilities, including individuals who use wheelchairs, and to
passengers traveling with such individuals. Unless not
practicable, a person providing intercity rail transportation
shall place an accessible car adjacent to the end of a dining car
described in clause (i) through which an individual who uses a
wheelchair may enter.
(B) Bi-level dining cars.--On any train in which a
bi-level dining car is used to provide food service--
(i) if such train includes a bi-level lounge car purchased
after the date of enactment of this Act, table service in such
lounge car shall be provided to individuals who use wheelchairs
and to other passengers; and
(ii) appropriate auxiliary aids and services, including
a hard surface on which to eat, shall be provided to ensure that
other equivalent food service is available to individuals with
disabilities, including individuals who use wheelchairs, and to
passengers traveling with such individuals.
(b) Commuter Rail Transportation.--
(1) One car per train rule.--It shall be considered
discrimination for purposes of section 202 of this Act and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
for a person who provides commuter rail transportation to fail to
have at least one passenger car per train that is readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, in accordance with
regulations issued under section 244, as soon as practicable, but
in no event later than 5 years after the date of enactment of
this Act.
(2) New commuter rail cars.--
(A) General rule.--It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to
purchase or lease any new rail passenger cars for use in commuter
rail transportation, and for which a solicitation is made later
than 30 days after the effective date of this section, unless all
such rail cars are readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, as prescribed by the Secretary of Transportation in
regulations issued under section 244.
(B) Accessibility.--For purposes of section 202 of this
Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), a requirement that a rail passenger car used in
commuter rail transportation be accessible to or readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, shall not be construed
to require--
(i) a restroom usable by an individual who uses a
wheelchair if no restroom is provided in such car for any
passenger;
(ii) space to fold and store a wheelchair; or
(iii) a seat to which a passenger who uses a
wheelchair can transfer.
(c) Used Rail Cars.--It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to
purchase or lease a used rail passenger car for use in intercity
or commuter rail transportation, unless such person makes
demonstrated good faith efforts to purchase or lease a used rail
car that is readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, as
prescribed by the Secretary of Transportation in regulations
issued under section 244.
(d) Remanufactured Rail Cars.--
(1) Remanufacturing.--It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to
remanufacture a rail passenger car for use in intercity or
commuter rail transportation so as to extend its usable life for
10 years or more, unless the rail car, to the maximum extent
feasible, is made readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs, as
prescribed by the Secretary of Transportation in regulations
issued under section 244.
(2) Purchase or lease.--It shall be considered
discrimination for purposes of section 202 of this Act and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
for a person to purchase or lease a remanufactured rail passenger
car for use in intercity or commuter rail transportation unless
such car was remanufactured in accordance with paragraph (1).
(e) Stations.--
(1) New stations.--It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to
build a new station for use in intercity or commuter rail
transportation that is not readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, as prescribed by the Secretary of Transportation in
regulations issued under section 244.
(2) existing stations.--
(A) Failure to make readily accessible.--
(i) General rule.--It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a responsible
person to fail to make existing stations in the intercity rail
transportation system, and existing key stations in commuter rail
transportation systems, readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, as prescribed by the Secretary of Transportation in
regulations issued under section 244.
(ii) Period for compliance.--
(I) Intercity rail.--All stations in the intercity rail
transportation system shall be made readily accessible to and
usable by individuals with disabilities, including individuals
who use wheelchairs, as soon as practicable, but in no event
later than 20 years after the date of enactment of this Act.
(II) Commuter rail.--Key stations in commuter rail
transportation systems shall be made readily accessible to and
usable by individuals with disabilities, including individuals
who use wheelchairs, as soon as practicable but in no event later
than 3 years after the date of enactment of this Act, except that
the time limit may be extended by the Secretary of Transportation
up to 20 years after the date of enactment of this Act in a case
where the raising of the entire passenger platform is the only
means available of attaining accessibility or where other
extraordinarily expensive structural changes are necessary to
attain accessibility.
(iii) Designation of key stations.--Each commuter
authority shall designate the key stations in its commuter rail
transportation system, in consultation with individuals with
disabilities and organizations representing such individuals,
taking into consideration such factors as high ridership and
whether such station serves as a transfer or feeder station.
Before the final designation of key stations under this clause, a
commuter authority shall hold a public hearing.
(iv) Plans and milestones.--The Secretary of
Transportation shall require the appropriate person to develop a
plan for carrying out this subparagraph that reflects
consultation with individuals with disabilities affected by such
plan and that establishes milestones for achievement of the
requirements of this subparagraph.
(B) Requirement when making alterations.--
(i) General rule.--It shall be considered discrimination,
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to
alterations of an existing station or part thereof in the
intercity or commuter rail transportation systems that affect or
could affect the usability of the station or part thereof, for
the responsible person, owner, or person in control of the
station to fail to make the alterations in such a manner that,to
the maximum extent feasible, the altered portions of the station
are readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, upon
completion of such alterations.
(ii) Alterations to a primary function area.--It shall
be considered discrimination, for purposes of section 202 of this
Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), with respect to alterations that affect or could
affect the usability of or access to an area of the station
containing a primary function, for the responsible person, owner,
or person in control of the station to fail to make the
alterations in such a manner that, to the maximum extent
feasible, the path of travel to the altered area, and the
bathrooms, telephones, and drinking fountains serving the altered
area, are readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, upon
completion of such alterations, where such alterations to the
path of travel or the bathrooms, telephones, and drinking
fountains serving the altered area are not disproportionate to
the overall alterations in terms of cost and scope (as determined
under criteria established by the Attorney General).
(C) Required cooperation.--It shall be considered
discrimination for purposes of section 202 of this Act and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
for an owner, or person in control, of a station governed by
subparagraph (A) or (B) to fail to provide reasonable
cooperation to a responsible person with respect to such station
in that responsible person's efforts to comply with such
subparagraph. An owner, or person in control, of a station shall
be liable to a responsible person for any failure to provide
reasonable cooperation as required by this subparagraph. Failure
to receive reasonable cooperation required by this subparagraph
shall not be a defense to a claim of discrimination under this
Act.
SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS.
Accessibility standards included in regulations issued under
this part shall be consistent with the minimum guidelines issued
by the Architectural and Transportation Barriers Compliance Board
under section 504(a) of this Act.
SEC. 244. REGULATIONS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall issue regulations, in
an accessible format, necessary for carrying out this part.
SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS.
(a) Stations.--If final regulations have not been issued
pursuant to section 244, for new construction or alterations for
which a valid and appropriate State or local building permit is
obtained prior to the issuance of final regulations under such
section, and for which the construction or alteration authorized
by such permit begins within one year of the receipt of such
permit and is completed under the terms of such permit,
compliance with the Uniform Federal Accessibility Standards in
effect at the time the building permit is issued shall suffice to
satisfy the requirement that stations be readily accessible to
and usable by persons with disabilities as required under section
242(e), except that, if such final regulations have not been
issued one year after the Architectural and Transportation
Barriers Compliance Board has issued the supplemental minimum
guidelines required under section 504(a) of this Act,
compliance with such supplemental minimum guidelines shall be
necessary to satisfy the requirement that stations be readily
accessible to and usable by persons with disabilities prior to
issuance of the final regulations.
(b) Rail Passenger Cars.--If final regulations have not
been issued pursuant to section 244, a person shall be considered
to have complied with the requirements of section 242(a)
through (d) that a rail passenger car be readily accessible to
and usable by individuals with disabilities, if the design for
such car complies with the laws and regulations (including the
Minimum Guidelines and Requirements for Accessible Design and
such supplemental minimum guidelines as are issued under section
504(a) of this Act) governing accessibility of such cars, to
the extent that such laws and regulations are not inconsistent
with this part and are in effect at the time such design is
substantially completed.
SEC. 246. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection (b),
this part shall become effective 18 months after the date of
enactment of this Act.
(b) Exception.--Sections 242 and 244 shall becom
effective on the date of enactment of this Act.
TITLE III--PUBLIC
ACCOMMODATIONS AND SERVICES
OPERATED BY PRIVATE ENTITIES
SEC. 301. DEFINITIONS.
As used in this title:
(1) Commerce.--The term "commerce" means travel, trade,
traffic, commerce, transportation, or communication--
(A) among the several States;
(B) between any foreign country or any territory or
possession and any State; or
(C) between points in the same State but through another
State or foreign country.
(2) Commercial facilities.--The term "commercial facilities"
means facilities--
(A) that are intended for nonresidential use; and
(B) whose operations will affect commerce. Such term
shall not include railroad locomotives, railroad freight cars,
railroad cabooses, railroad cars described in section 242 or
covered under this title, railroad rights-of-way, or facilities
that are covered or expressly exempted from coverage under the
Fair Housing Act of 1968 (42 U.S.C. 3601 et seq.).
(3) Demand responsive system.--The term "demand responsive
system" means any system of providing transportation of
individuals by a vehicle, other than a system which is a fixed
route system.
(4) Fixed route system.--The term "fixed route system" means
a system of providing transportation of individuals (other than
by aircraft) on which a vehicle is operated along a prescribed
route according to a fixed schedule.
(5) Over-the-road bus.--The term "over-the-road bus" means a
bus characterized by an elevated passenger deck located over a
baggage compartment.
(6) Private entity.--The term "private entity" means any
entity other than a public entity (as defined in section 201(1)).
(7) Public accommodation.--The following private entities
are considered public accommodations for purposes of this title,
if the operations of such entities affect commerce--
(A) an inn, hotel, motel, or other place of lodging,
except for an establishment located within a building that
contains not more than five rooms for rent or hire and that is
actually occupied by the proprietor of such establishment as the
residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food
or drink;
(C) a motion picture house, theater, concert hall,
stadium, or other place of exhibition or entertainment;
(D) an auditorium, convention center, lecture hall, or
other place of public gathering;
(E) a bakery, grocery store, clothing store, hardware
store, shopping center, or other sales or rental establishment;
(F) a laundromat, dry-cleaner, bank, barber shop, beauty
shop, travel service, shoe repair service, funeral parlor, gas
station, office of an accountant or lawyer, pharmacy, insurance
office, professional office of a health care provider, hospital,
or other service establishment;
(G) a terminal, depot, or other station used for specified
public transportation;
(H) a museum, library, gallery, or other place of public
display or collection;
(I) a park, zoo, amusement park, or other place of
recreation;
(J) a nursery, elementary, secondary, undergraduate, or
postgraduate private school, or other place of education;
(K) a day care center, senior citizen center, homeless
shelter, food bank, adoption agency, or other social service
center establishment; and
(L) a gymnasium, health spa, bowling alley, golf course,
or other place of exercise or recreation.
(8) Rail and railroad.--The terms "rail" and "railroad" have
the meaning given the term "railroad" in section 202(e) of the
Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).
(9) Readily achievable.--The term "readily achievable" means
easily accomplishable and able to be carried out without much
difficulty or expense. In determining whether an action is
readily achievable, factors to be considered include--
(A) the nature and cost of the action needed under this
Act;
(B) the overall financial resources of the facility or
facilities involved in the action; the number of persons employed
at such facility; the effect on expenses and resources, or the
impact otherwise of such action upon the operation of the
facility;
(C) the overall financial resources of the covered entity;
the overall size of the business of a covered entity with respect
to the number of its employees; the number, type, and location of
its facilities; and
(D) the type of operation or operations of the covered
entity, including the composition, structure, and functions of
the work force of such entity; the geographic separateness,
administrative or fiscal relationship of the facility or
facilities in question to the covered entity.
(10) Specified public transportation.--The term "specified
public transportation" means transportation by bus, rail, or any
other conveyance (other than by aircraft) that provides the
general public with general or special service (including charter
service) on a regular and continuing basis.
(11) Vehicle.--The term "vehicle" does not include a rail
passenger car, railroad locomotive, railroad freight car,
railroad caboose, or a railroad car described in section 242 or
covered under this title.
SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODATIONS.
(a) General Rule.--No individual shall be discriminated
against on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place of public
accommodation by any person who owns, leases (or leases to), or
operates a place of public accommodation.
(b) Construction.--
(1) General prohibition.--
(A) Activities.--
(i) Denial of participation.--It shall be discriminatory
to subject an individual or class of individuals on the basis of
a disability or disabilities of such individual or class,
directly, or through contractual, licensing, or other
arrangements, to a denial of the opportunity of the individual or
class to participate in or benefit from the goods, services,
facilities, privileges, advantages, or accommodations of an
entity.
(ii) Participation in unequal benefit.--It shall be
discriminatory to afford an individual or class of individuals,
on the basis of a disability or disabilities of such individual
or class, directly, or through contractual, licensing, or other
arrangements with the opportunity to participate in or benefit
from a good, service, facility, privilege, advantage, or
accommodation that is not equal to that afforded to other
individuals.
(iii) Separate benefit.--It shall be discriminatory to
provide an individual or class of individuals, on the basis of a
disability or disabilities of such individual or class, directly,
or through contractual, licensing, or other arrangements with a
good, service, facility, privilege, advantage, or accommodation
that is different or separate from that provided to other
individuals, unless such action is necessary to provide the
individual or class of individuals with a good, service,
facility, privilege, advantage, or accommodation, or other
opportunity that is as effective as that provided to others.
(iv) Individual or class of individuals.--For purposes
of clauses (i) through (iii) of this subparagraph, the
term "individual or class of individuals" refers to the clients
or customers of the covered public accommodation that enters into
the contractual, licensing or other arrangement.
(B) Integrated settings.--Goods, services, facilities,
privileges, advantages, and accommodations shall be afforded to
an individual with a disability in the most integrated setting
appropriate to the needs of the individual.
(C) Opportunity to participate.--Notwithstanding the
existence of separate or different programs or activities
provided in accordance with this section, an individual with a
disability shall not be denied the opportunity to participate in
such programs or activities that are not separate or different.
(D) Administrative methods.--An individual or entity shall
not, directly or through contractual or other arrangements,
utilize standards or criteria or methods of administration--
(i) that have the effect of discriminating on the basis of
disability; or
(ii) that perpetuate the discrimination of others who
are subject to common administrative control.
(E) Association.--It shall be discriminatory to exclude or
otherwise deny equal goods, services, facilities, privileges,
advantages, accommodations, or other opportunities to an
individual or entity because of the known disability of an
individual with whom the individual or entity is known to have a
relationship or association.
(2) Specific prohibitions.--
(A) Discrimination.--For purposes of subsection (a),
discrimination includes--
(i) the imposition or application of eligibility criteria
that screen out or tend to screen out an individual with a
disability or any class of individuals with disabilities from
fully and equally enjoying any goods, services, facilities,
privileges, advantages, or accommodations, unless such criteria
can be shown to be necessary for the provision of the goods,
services, facilities, privileges, advantages, or accommodations
being offered;
(ii) a failure to make reasonable modifications in
policies, practices, or procedures, when such modifications are
necessary to afford such goods, services, facilities, privileges,
advantages, or accommodations to individuals with disabilities,
unless the entity can demonstrate that making such modifications
would fundamentally alter the nature of such goods, services,
facilities, privileges, advantages, or accommodations;
(iii) a failure to take such steps as may be necessary
to ensure that no individual with a disability is excluded,
denied services, segregated or otherwise treated differently than
other individuals because of the absence of auxiliary aids and
services, unless the entity can demonstrate that taking such
steps would fundamentally alter the nature of the good, service,
facility, privilege, advantage, or accommodation being offered or
would result in an undue burden;
(iv) a failure to remove architectural barriers, and
communication barriers that are structural in nature, in existing
facilities, and transportation barriers in existing vehicles and
rail passenger cars used by an establishment for transporting
individuals (not including barriers that can only be removed
through the retrofitting of vehicles or rail passenger cars by
the installation of a hydraulic or other lift), where such
removal is readily achievable; and
(v) where an entity can demonstrate that the removal of a
barrier under clause (iv) is not readily achievable, a
failure to make such goods, services, facilities, privileges,
advantages, or accommodations available through alternative
methods if such methods are readily achievable.
(B) Fixed route system.--
(i) Accessibility.--It shall be considered discrimination
for a private entity which operates a fixed route system and
which is not subject to section 304 to purchase or lease a
vehicle with a seating capacity in excess of 16 passengers
(including the driver) for use on such system, for which a
solicitation is made after the thirtieth day following the
effective date of this subparagraph, that is not readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(ii) Equivalent service.--If a private entity which
operates a fixed route system and which is not subject to section
304 purchases or leases a vehicle with a seating capacity of 16
passengers or less (including the driver) for use on such system
after the effective date of this subparagraph that is not readily
accessible to or usable by individuals with disabilities, it
shall be considered discrimination for such entity to fail to
operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with
disabilities, including individuals who use wheelchairs,
equivalent to the level of service provided to individuals
without disabilities.
(C) Demand responsive system.--For purposes of subsection
(a),discrimination includes--
(i) a failure of a private entity which operates a demand
responsive system and which is not subject to section 304 to
operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with
disabilities, including individuals who use wheelchairs,
equivalent to the level of service provided to individuals
without disabilities; and
(ii) the purchase or lease by such entity for use on
such system of a vehicle with a seating capacity in excess of 16
passengers (including the driver), for which solicitations are
made after the thirtieth day following the effective date of this
subparagraph, that is not readily accessible to and usable by
individuals with disabilities (including individuals who use
wheelchairs) unless such entity can demonstrate that such system,
when viewed in its entirety, provides a level of service to
individuals with disabilities equivalent to that provided to
individuals without disabilities.
(D) Over-the-road buses.--
(i) Limitation on applicability.--Subparagraphs (B) and
(C) do not apply to over-the-road buses.
(ii) Accessibility requirements.--For purposes of
subsection (a), discrimination includes
(i) the purchase or lease of an over-the-road bus which
does not comply with the regulations issued under section
306(a)(2) by a private entity which provides transportation of
individuals and which is not primarily engaged in the business of
transporting people, and
(ii) any other failure of such entity to comply with
such regulations.
(3) Specific Construction.--Nothing in this title shall
require an entity to permit an individual to participate in or
benefit from the goods, services, facilities, privileges,
advantages and accommodations of such entity where such
individual poses a direct threat to the health or safety of
others. The term "direct threat" means a significant risk to the
health or safety of others that cannot be eliminated by a
modification of policies, practices, or procedures or by the
provision of auxiliary aids or services.
SEC. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC
ACCOMMODATIONS AND COMMERCIAL FACILITIES.
(a) Application of Term.--Except as provided in subsection
(b), as applied to public accommodations and commercial
facilities, discrimination for purposes of section 302(a)
includes--
(1) a failure to design and construct facilities for first
occupancy later than 30 months after the date of enactment of
this Act that are readily accessible to and usable by individuals
with disabilities, except where an entity can demonstrate that it
is structurally impracticable to meet the requirements of such
subsection in accordance with standards set forth or incorporated
by reference in regulations issued under this title; and
(2) with respect to a facility or part thereof that is
altered by, on behalf of, or for the use of an establishment in a
manner that affects or could affect the usability of the facility
or part thereof, a failure to make alterations in such a manner
that, to the maximum extent feasible, the altered portions of the
facility are readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs. Where
the entity is undertaking an alteration that affects or could
affect usability of or access to an area of the facility
containing a primary function, the entity shall also make the
alterations in such a manner that, to the maximum extent
feasible, the path of travel to the altered area and the
bathrooms, telephones, and drinking fountains serving the altered
area, are readily accessible to and usable by individuals with
disabilities where such alterations to the path of travel or the
bathrooms, telephones, and drinking fountains serving the altered
area are not disproportionate to the overall alterations in terms
of cost and scope (as determined under criteria established by
the Attorney General).
(b) Elevator.--Subsection (a) shall not be construed to
require the installation of an elevator for facilities that are
less than three stories or have less than 3,000 square feet per
story unless the building is a shopping center, a shopping mall,
or the professional office of a health care provider or unless
the Attorney General determines that a particular category of
such facilities requires the installation of elevators based on
the usage of such facilities.
SEC. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC
TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES.
(a) General Rule.--No individual shall be discriminated
against on the basis of disability in the full and equal
enjoyment of specified public transportation services provided by
a private entity that is primarily engaged in the business of
transporting people and whose operations affect commerce.
(b) Construction.--For purposes of subsection (a),
discrimination includes--
(1) the imposition or application by a entity described in
subsection (a) of eligibility criteria that screen out or tend
to screen out an individual with a disability or any class of
individuals with disabilities from fully enjoying the specified
public transportation services provided by the entity, unless
such criteria can be shown to be necessary for the provision of
the services being offered;
(2) the failure of such entity to--
(A) make reasonable modifications consistent with those
required under section 302(b)(2)(A)(ii);
(B) provide auxiliary aids and services consistent with
the requirements of section 302(b)(2)(A)(iii); and
(C) remove barriers consistent with the requirements of
section 302(b)(2)(A) and with the requirements of section
303(a)(2);
(3) the purchase or lease by such entity of a new vehicle
(other than an automobile, a van with a seating capacity of less
than 8 passengers, including the driver, or an over-the-road bus)
which is to be used to provide specified public transportation
and for which a solicitation is made after the thirtieth 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 thirtieth day
following the effective date of this section that is not readily
accessible to or usable by individuals with disabilities,
including individuals who use wheelchairs; except that the new
van need not be readily accessible to and usable by such
individuals if the entity can demonstrate that the system for
which the van is being purchased or leased, when viewed in its
entirety, provides a level of service to such individuals
equivalent to the level of service provided to the general
public;
(6) the purchase or lease by such entity of a new rail
passenger car that is to be used to provide specified public
transportation, and for which a solicitation is made later than
30 days after the effective date of this paragraph, that is not
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs; and
(7) the remanufacture by such entity of a rail passenger car
that is to be used to provide specified public transportation so
as to extend its usable life for 10 years or more, or the
purchase or lease by such entity of such a rail car, unless the
rail car, to the maximum extent feasible, is made readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(c) Historical or Antiquated Cars.--
(1) Exception.--To the extent that compliance with
subsection (b)(2)(C) or (b)(7) would significantly alter
the historic or antiquated character of a historical or
antiquated rail passenger car, or a rail station served
exclusively by such cars, or would result in violation of any
rule, regulation, standard, or order issued by the Secretary of
Transportation under the Federal Railroad Safety Act of 1970,
such compliance shall not be required.
(2) Definition.--As used in this subsection, the term
"historical or antiquated rail passenger car" means a rail
passenger car--
(A) which is not less than 30 years old at the time of its
use for transporting individuals;
(B) the manufacturer of which is no longer in the business
of manufacturing rail passenger cars; and
(C) which--
(i) has a consequential association with events or persons
significant to the past; or
(ii) embodies, or is being restored to embody, the
distinctive characteristics of a type of rail passenger car used
in the past, or to represent a time period which has passed.
SEC. 305. STUDY.
(a) Purposes.--The Office of Technology Assessment shall
undertake a study to determine--
(1) the access needs of individuals with disabilities to
over-the-road buses and over-the-road bus service; and
(2) the most cost-effective methods for providing access to
over-the-road buses and over-the-road bus service to individuals
with disabilities, particularly individuals who use wheelchairs,
through all forms of boarding options.
(b) Contents.--The study shall include, at a minimum, an
analysis of the following:
(1) The anticipated demand by individuals with disabilities
for accessible over-the-road buses and over-the-road bus service.
(2) The degree to which such buses and service, including
any service required under sections 304(b)(4) and 306(a)(2),
are readily accessible to and usable by individuals with
disabilities.
(3) The effectiveness of various methods of providing
accessibility to such buses and service to individuals with
disabilities.
(4) The cost of providing accessible over-the-road buses and
bus service to individuals with disabilities, including
consideration of recent technological and cost saving
developments in equipment and devices.
(5) Possible design changes in over-the-road buses that
could enhance accessibility, including the installation of
accessible restrooms which do not result in a loss of seating
capacity.
(6) The impact of accessibility requirements on the
continuation of over-the-road bus service, with particular
consideration of the impact of such requirements on such service
to rural communities.
(c) Advisory Committee.--In conducting the study required
by subsection (a), the Office of Technology Assessment shall
establish an advisory committee, which shall consist of--
(1) members selected from among private operators and
manufacturers of over-the-road buses;
(2) members selected from among individuals with
disabilities, particularly individuals who use wheelchairs, who
are potential riders of such buses; and
(3) members selected for their technical expertise on issues
included in the study, including manufacturers of boarding
assistance equipment and devices. The number of members selected
under each of paragraphs (1) and (2) shall be equal, and the
total number of members selected under paragraphs (1) and (2)
shall exceed the number of members selected under paragraph (3).
(d) Deadline.--The study required by subsection (a),
along with recommendations by the Office of Technology
Assessment, including any policy options for legislative action,
shall be submitted to the President and Congress within 36 months
after the date of the enactment of this Act. If the President
determines that compliance with the regulations issued pursuant
to section 306(a)(2)(b) on or before the applicable deadlines
specified in section 306(a)(2)(B) will result in a
significant reduction in intercity over-the-road bus service, the
President shall extend each such deadline by 1 year.
(e) Review.--In developing the study required by
subsection (a), the Office of Technology Assessment shall
provide a preliminary draft of such study to the Architectural
and Transportation Barriers Compliance Board established under
section 502 of the Rehabilitation Act of 1973 (29 U.S.C.792).
The Board shall have an opportunity to comment on such draft
study,and any such comments by the Board made in writing within
120 days after the Board's receipt of the draft study shall be
incorporated as part of the final study required to be submitted
under subsection (d).
SEC. 306. REGULATIONS.
(a) Transportation Provisions.--
(1) General rule.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation shall
issue regulations in an accessible format to carry out sections
302(b)(2) (b)and (c) and to carry out section 304 (other
than subsection (b)(4)).
(2) Special rules for providing access to over-the-road
buses.--
(A) Interim requirements.--
(i) Issuance.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall
issue regulations in an accessible format to carry out sections
304(b)(4) and 302(b)(2)(D)(ii) that require each
private entity which uses an over-the-road bus to provide
transportation of individuals to provide accessibility to such
bus; except that such regulations shall not require any
structural changes in over-the-road buses in order to provide
access to individuals who use wheelchairs during the effective
period of such regulations and shall not require the purchase of
boarding assistance devices to provide access to such
individuals.
(ii) Effective period.--The regulations issued pursuant
to this subparagraph shall be effective until the effective date
of the regulations issued under subparagraph (B).
(B) Final requirement.--
(i) Review of study and interim requirements.--The
Secretary shall review the study submitted under section 305 and
the regulations issued pursuant to subparagraph (A).
(ii) Issuance.--Not later than 1 year after the date of
the submission of the study under section 305, the Secretary
shall issue in an accessible format new regulations to carry out
sections 304(b)(4) and 302(b)(2)(D)(ii) that require,
taking into account the purposes of the study under section 305
and any recommendations resulting from such study, each private
entity which uses an over-the-road bus to provide transportation
to individuals to provide accessibility to such bus to
individuals with disabilities, including individuals who use
wheelchairs.
(iii) Effective period.--Subject to section 305(d),
the regulations issued pursuant to this subparagraph shall take
effect--
(I) with respect to small providers of transportation (as
defined by the Secretary), 7 years after the date of the
enactment of this Act; and
(II) with respect to other providers of transportation,
6 years after such date of enactment.
(C) Limitation on requiring installation of accessible
restrooms.--The regulations issued pursuant to this paragraph
shall not require the installation of accessible restrooms in
over-the-road buses if such installation would result in a loss
of seating capacity.
(3) Standards.--The regulations issued pursuant to this
subsection shall include standards applicable to facilities and
vehicles covered by sections 302(b)(2) and 304.
(b) Other Provisions.--Not later than 1 year after the
date of the enactment of this Act, the Attorney General shall
issue regulations in an accessible format to carry out the
provisions of this title not referred to in subsection (a) that
include standards applicable to facilities and vehicles covered
under section 302.
(c) Consistency With ATBCB Guidelines.--Standards
included in regulations issued under subsections (a) and (b)
shall be consistent with the minimum guidelines and requirements
issued by the Architectural and Transportation Barriers
Compliance Board in accordance with section 504 of this Act.
(d) Interim Accessibility Standards.--
(1) Facilities.--If final regulations have not been issued
pursuant to this section, for new construction or alterations for
which a valid and appropriate State or local building permit is
obtained prior to the issuance of final regulations under this
section, and for which the construction or alteration authorized
by such permit begins within one year of the receipt of such
permit and is completed under the terms of such permit,
compliance with the Uniform Federal Accessibility Standards in
effect at the time the building permit is issued shall suffice to
satisfy the requirement that facilities be readily accessible to
and usable by persons with disabilities as required under section
303, except that, if such final regulations have not been issued
one year after the Architectural and Transportation Barriers
Compliance Board has issued the supplemental minimum guidelines
required under section 504(a) of this Act, compliance with such
supplemental minimum guidelines shall be necessary to satisfy the
requirement that facilities be readily accessible to and usable
by persons with disabilities prior to issuance of the final
regulations.
(2) Vehicles and rail passenger cars.--If final regulations
have not been issued pursuant to this section, a private entity
shall be considered to have complied with the requirements of
this title, if any,that a vehicle or rail passenger car be
readily accessible to and usable by individuals with
disabilities, if the design for such vehicle or car complies with
the laws and regulations (including the Minimum Guidelines and
Requirements for Accessible Design and such supplemental minimum
guidelines as are issued under section 504(a) of this Act)
governing accessibility of such vehicles or cars, to the extent
that such laws and regulations are not inconsistent with this
title and are in effect at the time such design is substantially
completed.
SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS
ORGANIZATIONS.
The provisions of this title shall not apply to private
clubs or establishments exempted from coverage under title II
of the Civil Rights Act of 1964 (42 U.S.C. 2000-a(e)) or to
religious organizations or entities controlled by religious
organizations, including places of worship.
SEC. 308. ENFORCEMENT.
(a) In General.--
(1) Availability of remedies and procedures.--The remedies
and procedures set forth in section 204(a) of the Civil Rights
Act of 1964 (42 U.S.C. 2000a-3(a)) are the remedies and
procedures this title provides to any person who is being
subjected to discrimination on the basis of disability in
violation of this title or who has reasonable grounds for
believing that such person is about to be subjected to
discrimination in violation of section 303. Nothing in this
section shall require a person with a disability to engage in a
futile gesture if such person has actual notice that a person or
organization covered by this title does not intend to comply with
its provisions.
(2) Injunctive relief.--In the case of violations of
sections 302(b)(2)(A)(iv) and section 303(a),
injunctive relief shall include an order to alter facilities to
make such facilities readily accessible to and usable by
individuals with disabilities to the extent required by this
title. Where appropriate, injunctive relief shall also include
requiring the provision of an auxiliary aid or service,
modification of a policy, or provision of alternative methods, to
the extent required by this title.
(b) Enforcement by the Attorney General.--
(1) Denial of rights.--
(A) Duty to investigate.--
(i) In general.--The Attorney General shall investigate
alleged violations of this title, and shall undertake periodic
reviews of compliance of covered entities under this title.
(ii) Attorney general certification.--On the
application of a State or local government, the Attorney General
may, in consultation with the Architectural and Transportation
Barriers Compliance Board, and after prior notice and a public
hearing at which persons, including individuals with
disabilities, are provided an opportunity to testify against such
certification, certify that a State law or local building code or
similar ordinance that establishes accessibility requirements
meets or exceeds the minimum requirements of this Act for the
accessibility and usability of covered facilities under this
title. At any enforcement proceeding under this section, such
certification by the Attorney General shall be rebuttable
evidence that such State law or local ordinance does meet or
exceed the minimum requirements of this Act.
(B) Potential violation.--If the Attorney General has
reasonable cause to believe that--
(i) any person or group of persons is engaged in a pattern
or practice of discrimination under this title; or
(ii) any person or group of persons has been
discriminated against under this title and such discrimination
raises an issue of general public importance,the Attorney General
may commence a civil action in any appropriate United States
district court.
(2) Authority of court.--In a civil action under paragraph
(1)(b), the court--
(A) may grant any equitable relief that such court
considers to be appropriate, including, to the extent required by
this title--
(i) granting temporary, preliminary, or permanent relief;
(ii) providing an auxiliary aid or service, modification
of policy, practice, or procedure, or alternative method; and
(iii) making facilities readily accessible to and
usable by individuals with disabilities;
(B) may award such other relief as the court considers to
be appropriate, including monetary damages to persons aggrieved
when requested by the Attorney General; and
(C) may, to vindicate the public interest, assess a civil
penalty against the entity in an amount--
(i) not exceeding $50,000 for a first violation; and
(ii) not exceeding $100,000 for any subsequent
violation.
(3) Single violation.--For purposes of paragraph (2)(C),
in determining whether a first or subsequent violation has
occurred, a determination in a single action, by judgment or
settlement, that the covered entity has engaged in more than one
discriminatory act shall be counted as a single violation.
(4) Punitive damages.--For purposes of subsection
(b)(2)(B), the term "monetary damages" and "such other
relief" does not include punitive damages.
(5) Judicial consideration.--In a civil action under
paragraph (1)(B),the court, when considering what amount of
civil penalty, if any, is appropriate, shall give consideration
to any good faith effort or attempt to comply with this Act by
the entity. In evaluating good faith, the court shall consider,
among other factors it deems relevant, whether the entity could
have reasonably anticipated the need for an appropriate type of
auxiliary aid needed to accommodate the unique needs of a
particular individual with a disability.
SEC. 309. EXAMINATIONS AND COURSES.
Any person that offers examinations or courses related to
applications, licensing, certification, or credentialing for
secondary or postsecondary education, professional, or trade
purposes shall offer such examinations or courses in a place and
manner accessible to persons with disabilities or offer
alternative accessible arrangements for such individuals.
SEC. 310. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsections (b)
and (c), this title shall become effective 18 months after the
date of the enactment of this Act.
(b) Civil Actions.--Except for any civil action brought
for a violation of section 303, no civil action shall be brought
for any act or omission described in section 302 which occurs--
(1) during the first 6 months after the effective date,
against businesses that employ 25 or fewer employees and have
gross receipts of $1,000,000 or less; and
(2) during the first year after the effective date, against
businesses that employ 10 or fewer employees and have gross
receipts of $500,000 or less.
(c) Exception.--Sections 302(a) for purposes of section
302(b)(2)(B) and (C) only, 304(a) for purposes of section
304(b)(3) only, 304(b)(3), 305, and 306 shall take effect on
the date of the enactment of this Act.
TITLE IV--
TELECOMMUNICATIONS
SEC. 401. TELECOMMUNICATIONS RELAY SERVICES FOR HEARING IMPAIRED
AND SPEECH-IMPAIRED INDIVIDUALS.
(a) Telecommunications.--Title II of the
Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended
by adding at the end thereof the following new section:
"SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED
AND SPEECH IMPAIRED INDIVIDUALS.
"(a) Definitions.--As used in this section--
"(1) Common carrier or carrier.--The term 'common carrier'
or 'carrier' includes any common carrier engaged in interstate
communication by wire or radio as defined in section 3(h) and
any common carrier engaged in intrastate communication by wire or
radio, notwithstanding sections 2(b) and 221(b).
"(2) TDD.--The term TDD means a Telecommunications
Device for the Deaf, which is a machine that employs graphic
communication in the transmission of coded signals through a wire
or radio communication system.
"(3) Telecommunications relay services.--The term
telecommunications relay services means telephone transmission
services that provide the ability for an individual who has a
hearing impairment or speech impairment to engage in
communication by wire or radio with a hearing individual in a
manner that is functionally equivalent to the ability of an
individual who does not have a hearing impairment or speech
impairment to communicate using voice communication services by
wire or radio. Such term includes services that enable two-way
communication between an individual who uses a TDD or other non
voice terminal device and an individual who does not use such a
device.
"(b) Availability of Telecommunications Relay Services.--
"(1) In general.--In order to carry out the purposes
established under section 1, to make available to all individuals
in the United States a rapid, efficient nationwide communication
service, and to increase the utility of the telephone system of
the Nation, the Commission shall ensure that interstate and
intrastate telecommunications relay services are available, to
the extent possible and in the most efficient manner,to
hearing-impaired and speech-impaired individuals in the United
States.
"(2) Use of General Authority and Remedies.--For the
purposes of administering and enforcing the provisions of this
section and the regulations prescribed thereunder, the Commission
shall have the same authority, power, and functions with respect
to common carriers engaged in intrastate communication as the
Commission has in administering and enforcing the provisions of
this title with respect to any common carrier engaged in
interstate communication. Any violation of this section by any
common carrier engaged in intrastate communication shall be
subject to the same remedies, penalties, and procedures as are
applicable to a violation of this Act by a common carrier engaged
in interstate communication.
"(c) Provision of Services.--Each common carrier providing
telephone voice transmission services shall, not later than 3
years after the date of enactment of this section, provide in
compliance with the regulations prescribed under this section,
throughout the area in which it offers service,
telecommunications relay services, individually, through
designees, through a competitively selected vendor, or in concert
with other carriers. A common carrier shall be considered to be
in compliance with such regulations--
"(1) with respect to intrastate telecommunications relay
services in any State that does not have a certified program
under subsection (f) and with respect to interstate
telecommunications relay services, if such common carrier (or
other entity through which the carrier is providing such relay
services) is in compliance with the Commission's regulations
under subsection (d); or
"(2) with respect to intrastate telecommunications relay
services in any State that has a certified program under
subsection (f) for such State, if such common carrier (or other
entity through which the carrier is providing such relay
services) is in compliance with the program certified under
subsection (f) for such State.
"(d) Regulations.--
"(1) In general.--The Commission shall, not later than 1
year after the date of enactment of this section, prescribe
regulations to implement this section, including regulations
that--
"(A) establish functional requirements, guidelines, and
operations procedures for telecommunications relay services;
"(B) establish minimum standards that shall be met in
carrying out subsection (c);
"(C) require that telecommunications relay services
operate every day for 24 hours per day;
"(D) require that users of telecommunications relay
services pay rates no greater than the rates paid for
functionally equivalent voice communication services with respect
to such factors as the duration of the call, the time of day, and
the distance from point of origination to point of termination;
"(E) prohibit relay operators from failing to fulfill the
obligations of common carriers by refusing calls or limiting the
length of calls that use telecommunications relay services;
"(F) prohibit relay operators from disclosing the content
of any relayed conversation and from keeping records of the
content of any such conversation beyond the duration of the call;
and
"(G) prohibit relay operators from intentionally altering
a relayed conversation.
"(2) Technology.--The Commission shall ensure that
regulations prescribed to implement this section encourage,
consistent with section 7(a) of this Act, the use of existing
technology and do not discourage or impair the development of
improved technology.
"(3) Jurisdictional separation of costs.--
"(A) In general.--Consistent with the provisions of
section 410 of this Act, the Commission shall prescribe
regulations governing the jurisdictional separation of costs for
the services provided pursuant to this section.
"(B) Recovering costs.--Such regulations shall generally
provide that costs caused by interstate telecommunications relay
services shall be recovered from all subscribers for every
interstate service and costs caused by intrastate
telecommunications relay services shall be recovered from the
intrastate jurisdiction. In a State that has a certified program
under subsection (f), a State commission shall permit a common
carrier to recover the costs incurred in providing intrastate
telecommunications relay services by a method consistent with the
requirements of this section.
"(e) Enforcement.--
"(1) In general.--Subject to subsections (f) and (g),
the Commission shall enforce this section.
"(2) Complaint.--The Commission shall resolve, by final
order, a complaint alleging a violation of this section within
180 days after the date such complaint is filed.
"(f) Certification.--
"(1) State documentation.--Any State desiring to establish a
State program under this section shall submit documentation to
the Commission that describes the program of such State for
implementing intrastate telecommunications relay services and the
procedures and remedies available for enforcing any requirements
imposed by the State program.
"(2) Requirements for certification.--After review of such
documentation, the Commission shall certify the State program if
the Commission determines that--
"(A) the program makes available to hearing-impaired and
speech-impaired individuals, either directly, through designees,
through a competitively selected vendor, or through regulation of
intrastate common carriers, intrastate telecommunications relay
services in such State in a manner that meets or exceeds the
requirements of regulations prescribed by the Commission under
subsection (d); and
"(B) the program makes available adequate procedures and
remedies for enforcing the requirements of the State program.
"(3) Method of funding.--Except as provided in subsection
(d), the Commission shall not refuse to certify a State program
based solely on the method such State will implement for funding
intrastate telecommunication relay services.
"(4) Suspension or revocation of certification.--The
Commission may suspend or revoke such certification if, after
notice and opportunity for hearing, the Commission determines
that such certification is no longer warranted. In a State whose
program has been suspended or revoked, the Commission shall take
such steps as may be necessary, consistent with this section, to
ensure continuity of telecommunications relay services.
"(g) Complaint.--
"(1) Referral of complaint.--If a complaint to the
Commission alleges a violation of this section with respect to
intrastate telecommunications relay services within a State and
certification of the program of such State under subsection (f)
is in effect, the Commission shall refer such complaint to such
State.
"(2) Jurisdiction of commission.--After referring a
complaint to a State under paragraph (1), the Commission shall
exercise jurisdiction over such complaint only if--
"(A) final action under such State program has not been
taken on such complaint by such State--
"(i) within 180 days after the complaint is filed with
such State; or
"(ii) within a shorter period as prescribed by the
regulations of such State; or
"(B) the Commission determines that such State program is
no longer qualified for certification under subsection (f)."
(b) Conforming Amendments.--The Communications Act of 1934
(47 U.S.C. 151 et seq.) is amended--
(1) in section 2(b) (47 U.S.C. 152(b)), by striking
"section 224" and inserting "sections 224 and 225"; and
(2) in section 221(b) (47 U.S.C. 221(b)), by striking
"section 301" and inserting "sections 225 and 301."
SEC. 402. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
Section 711 of the Communications Act of 1934 is amended to
read as follows:
"SEC. 711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
"Any television public service announcement that is produced
or funded in whole or in part by any agency or instrumentality of
Federal Government shall include closed captioning of the verbal
content of such announcement. A television broadcast station
licensee--
"(1) shall not be required to supply closed captioning for
any such announcement that fails to include it; and
"(2) shall not be liable for broadcasting any such
announcement without transmitting a closed caption unless the
licensee intentionally fails to transmit the closed caption that
was included with the announcement."
TITLE V--
MISCELLANEOUS PROVISIONS
SEC. 501. CONSTRUCTION.
(a) In General.--Except as otherwise provided in this Act,
nothing in this Act shall be construed to apply a lesser standard
than the standards applied under title V of the Rehabilitation
Act of 1973 (29 U.S.C. 790 et seq.) or the regulations issued
by Federal agencies pursuant to such title.
(b) Relationship to Other Laws.--Nothing in this Act shall
be construed to invalidate or limit the remedies, rights, and
procedures of any Federal law or law of any State or political
subdivision of any State or jurisdiction that provides greater or
equal protection for the rights of individuals with disabilities
than are afforded by this Act. Nothing in this Act shall be
construed to preclude the prohibition of, or the imposition of
restrictions on, smoking in places of employment covered by title
I, in transportation covered by title II or III, or in
places of public accommodation covered by title III.
(c) Insurance.--Titles I through IV of this Act
shall not be construed to prohibit or restrict--
(1) an insurer, hospital or medical service company, health
maintenance organization, or any agent, or entity that
administers benefit plans, or similar organizations from
underwriting risks, classifying risks, or administering such
risks that are based on or not inconsistent with State law; or
(2) a person or organization covered by this Act from
establishing, sponsoring, observing or administering the terms of
a bona fide benefit plan that are based on underwriting risks,
classifying risks, or administering such risks that are based on
or not inconsistent with State law; or
(3) a person or organization covered by this Act from
establishing, sponsoring, observing or administering the terms of
a bona fide benefit plan that is not subject to State laws that
regulate insurance. Paragraphs (1), (2), and (3) shall not be
used as a subterfuge to evade the purposes of title I and
III.
(d) Accommodations and Services.--Nothing in this Act
shall be construed to require an individual with a disability to
accept an accommodation, aid, service, opportunity, or benefit
which such individual chooses not to accept.
SEC. 502. STATE IMMUNITY.
A State shall not be immune under the eleventh amendment to
the Constitution of the United States from an action in Federal
or State court of competent jurisdiction for a violation of this
Act. In any action against a State for a violation of the
requirements of this Act, remedies (including remedies both at
law and in equity) are available for such a violation to the same
extent as such remedies are available for such a violation in an
action against any public or private entity other than a State.
SEC. 503. PROHIBITION AGAINST RETALIATION AND COERCION.
(a) Retaliation.--No person shall discriminate against any
individual because such individual has opposed any act or
practice made unlawful by this Act or because such individual
made a charge, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under this Act.
(b) Interference, Coercion, or Intimidation.--It shall be
unlawful to coerce, intimidate, threaten, or interfere with any
individual in the exercise or enjoyment of, or on account of his
or her having exercised or enjoyed, or on account of his or her
having aided or encouraged any other individual in the exercise
or enjoyment of, any right granted or protected by this Act.
(c) Remedies and Procedures.--The remedies and procedures
available under sections 107, 203, and 308 of this Act shall be
available to aggrieved persons for violations of subsections
(a) and (b), with respect to title I, title II and
title III, respectively.
SEC. 504. REGULATIONS BY THE ARCHITECTURAL AND TRANSPORTATION
BARRIERS COMPLIANCE BOARD.
(a) Issuance of Guidelines.--Not later than 9 months after
the date of enactment of this Act, the Architectural and
Transportation Barriers Compliance Board shall issue minimum
guidelines that shall supplement the existing Minimum Guidelines
and Requirements for Accessible Design for purposes of titles
II and III of this Act.
(b) Contents of Guidelines.--The supplemental guidelines
issued under subsection (a) shall establish additional
requirements, consistent with this Act, to ensure that buildings,
facilities, rail passenger cars, and vehicles are accessible, in
terms of architecture and design, transportation, and
communication, to individuals with disabilities.
(c) Qualified Historic Properties.--
(1) In general.--The supplemental guidelines issued under
subsection (a) shall include procedures and requirements for
alterations that will threaten or destroy the historic
significance of qualified historic buildings and facilities as
defined in 4.1.7(1)(a) of the Uniform Federal Accessibility
Standards.
(2) Sites eligible for listing in national register.--With
respect to alterations of buildings or facilities that are
eligible for listing in the National Register of Historic Places
under the National Historic Preservation Act (16 U.S.C. 470 et
seq.), the guidelines described in paragraph (1) shall, at a
minimum, maintain the procedures and requirements established in
4.1.7 (1) and (2) of the Uniform Federal Accessibility Standards.
(3) Other sites.--With respect to alterations of buildings
or facilities designated as historic under State or local law,
the guidelines described in paragraph (1) shall establish
procedures equivalent to those established by 4.1.7(1)(b) and
(c) of the Uniform Federal Accessibility Standards, and shall
require, at a minimum, compliance with the requirements
established in 4.1.7(2) of such standards.
SEC. 505. ATTORNEY'S FEES.
In any action or administrative proceeding commenced
pursuant to this Act, the court or agency, in its discretion, may
allow the prevailing party, other than the United States, a
reasonable attorney's fee, including litigation expenses, and
costs, and the United States shall be liable for the foregoing
the same as a private individual.
SEC. 506. TECHNICAL ASSISTANCE.
(a) Plan for Assistance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, in consultation with
the Chair of the Equal Employment Opportunity Commission, the
Secretary of Transportation, the Chair of the Architectural and
Transportation Barriers Compliance Board, and the Chairman of the
Federal Communications Commission, shall develop a plan to assist
entities covered under this Act, and other Federal agencies, in
understanding the responsibility of such entities and agencies
under this Act.
(2) Publication of plan.--The Attorney General shall publish
the plan referred to in paragraph (1) for public comment in
accordance with subchapter II of chapter 5 of title 5, United
States Code (commonly known as the Administrative Procedure Act).
(b) Agency and Public Assistance.--The Attorney General
may obtain the assistance of other Federal agencies in carrying
out subsection (a), including the National Council on
Disability, the President's Committee on Employment of People
with Disabilities, the Small Business Administration, and the
Department of Commerce.
(c) Implementation.--
(1) Rendering assistance.--Each Federal agency that has
responsibility under paragraph (2) for implementing this Act may
render technical assistance to individuals and institutions that
have rights or duties under the respective title or titles for
which such agency has responsibility.
(2) Implementation of titles.--
(A) Title i.--The Equal Employment Opportunity
Commission and the Attorney General shall implement the plan for
assistance developed under subsection (a), for title I.
(B) Title ii.--
(i) Subtitle A.--The Attorney General shall implement
such plan for assistance for subtitle A of title II.
(ii) Subtitle B.--The Secretary of Transportation
shall implement such plan for assistance for subtitle B of
title II.
(C) Title iii.--The Attorney General, in
coordination with the Secretary of Transportation and the Chair
of the Architectural Transportation Barriers Compliance Board,
shall implement such plan for assistance for title III,
except for section 304, the plan for assistance for which shall
be implemented by the Secretary of Transportation.
(D) Title iv.--The Chairman of the Federal
Communications Commission, in coordination with the Attorney
General, shall implement such plan for assistance for title IV.
(3) Technical assistance manuals.--Each Federal agency that
has responsibility under paragraph (2) for implementing this Act
shall, as part of its implementation responsibilities, ensure the
availability and provision of appropriate technical assistance
manuals to individuals or entities with rights or duties under
this Act no later than six months after applicable final
regulations are published under titles I, II, III,
and IV.
(d) Grants and Contracts.--
(1) In general.--Each Federal agency that has responsibility
under subsection (c)(2) for implementing this Act may make
grants or award contracts to effectuate the purposes of this
section, subject to the availability of appropriations. Such
grants and contracts may be awarded to individuals, institutions
not organized for profit and no part of the net earnings of which
inures to the benefit of any private shareholder or individual
(including educational institutions), and associations
representing individuals who have rights or duties under this
Act. Contracts may be awarded to entities organized for profit,
but such entities may not be the recipients or grants described
in this paragraph.
(2) Dissemination of information.--Such grants and
contracts, among other uses, may be designed to ensure wide
dissemination of information about the rights and duties
established by this Act and to provide information and technical
assistance about techniques for effective compliance with this
Act.
(e) Failure to Receive Assistance.--An employer, public
accommodation, or other entity covered under this Act shall not
be excused from compliance with the requirements of this Act
because of any failure to receive technical assistance under this
section, including any failure in the development or
dissemination of any technical assistance manual authorized by
this section.
SEC. 507. FEDERAL WILDERNESS AREAS.
(a) Study.--The National Council on Disability shall
conduct a study and report on the effect that wilderness
designations and wilderness land management practices have on the
ability of individuals with disabilities to use and enjoy the
National Wilderness Preservation System as established under the
Wilderness Act (16 U.S.C. 1131 et seq.).
(b) Submission of Report.--Not later than 1 year after the
enactment of this Act, the National Council on Disability shall
submit the report required under subsection (a) to Congress.
(c) Specific Wilderness Access.--
(1) In general.--Congress reaffirms that nothing in the
Wilderness Act is to be construed as prohibiting the use of a
wheelchair in a wilderness area by an individual whose disability
requires use of a wheelchair, and consistent with the Wilderness
Act no agency is required to provide any form of special
treatment or accommodation, or to construct any facilities or
modify any conditions of lands within a wilderness area in order
to facilitate such use.
(2) Definition.--For purposes of paragraph (1), the term
"wheelchair" means a device designed solely for use by a
mobility-impaired person for locomotion, that is suitable for use
in an indoor pedestrian area.
SEC. 508. TRANSVESTITES.
For the purposes of this Act, the term "disabled" or
"disability" shall not apply to an individual solely because that
individual is a transvestite.
SEC. 509. COVERAGE OF CONGRESS AND THE AGENCIES OF THE
LEGISLATIVE BRANCH.
(a) Coverage of the Senate.--
(1) Commitment to Rule XII.--The Senate reaffirms
its commitment to Rule XLII of the Standing Rules of the
Senate which provides as follows: "No member, officer, or
employee of the Senate shall, with respect to employment by the
Senate or any office thereof--
"(A) fail or refuse to hire an individual;
"(B) discharge an individual; or
"(C) otherwise discriminate against an individual with
respect to promotion, compensation, or terms, conditions, or
privileges of employment on the basis of such individual's race,
color, religion, sex, national origin, age, or state of physical
handicap."
(2) Application to Senate employment.--The rights and
protections provided pursuant to this Act, the Civil Rights Act
of 1990 (S. 2104, 101st Congress), the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, and the
Rehabilitation Act of 1973 shall apply with respect to employment
by the United States Senate.
(3) Investigation and adjudication of claims.--All claims
raised by any individual with respect to Senate employment,
pursuant to the Acts referred to in paragraph (2), shall be
investigated and adjudicated by the Select Committee on Ethics,
pursuant to S. Res. 338, 88th Congress, as amended, or such
other entity as the Senate may designate.
(4) Rights of employees.--The Committee on Rules and
Administration shall ensure that Senate employees are informed of
their rights under the Acts referred to in paragraph (2).
(5) Applicable Remedies.--When assigning remedies to
individuals found to have a valid claim under the Acts referred
to in paragraph (2), the Select Committee on Ethics, or such
other entity as the Senate may designate, should to the extent
practicable apply the same remedies applicable to all other
employees covered by the Acts referred to in paragraph (2). Such
remedies shall apply exclusively.
(6) Matters Other Than Employment.--
(A) In General.--The rights and protections under this Act
shall, subject to subparagraph (B), apply with respect to the
conduct of the Senate regarding matters other than employment.
(B) Remedies.--The Architect of the Capitol shall
establish remedies and procedures to be utilized with respect to
the rights and protections provided pursuant to subparagraph
(A). Such remedies and procedures shall apply exclusively,
after approval in accordance with subparagraph (C).
(C) Proposed remedies and procedures.--For purposes of
subparagraph (B), the Architect of the Capitol shall submit
proposed remedies and procedures to the Senate Committee on Rules
and Administration. The remedies and procedures shall be
effective upon the approval of the Committee on Rules and
Administration.
(7) Exercise of rulemaking power.--Notwithstanding any other
provision of law, enforcement and adjudication of the rights and
protections referred to in paragraph (2) and (6)(A) shall be
within the exclusive jurisdiction of the United States Senate.
The provisions of paragraph (1), (3), (4), (5), (6)(B), and
(6)(C) are enacted by the Senate as an exercise of the
rulemaking power of the Senate, with full recognition of the
right of the Senate to change its rules, in the same manner, and
to the same extent, as in the case of any other rule of the
Senate.
(b) Coverage of the House of Representatives.--
(1) In general.--Notwithstanding any other provision of
this Act or of law, the purposes of this Act shall, subject to
paragraphs (2) and (3), apply in their entirety to the House of
Representatives.
(2) Employment in the house.--
(A) Application.--The rights and protections under this
Act shall, subject to subparagraph (B), apply with respect to
any employee in an employment position in the House of
Representatives and any employing authority of the House of
Representatives.
(B) Administration.--
(i) In general.--In the administration of this paragraph,
the remedies and procedures made applicable pursuant to the
resolution described in clause (ii) shall apply exclusively.
(ii) Resolution.--The resolution referred to in clause
(i) is House Resolution 15 of the One Hundred First Congress,
as agreed to January 3, 1989, or any other provision that
continues in effect the provisions of, or is a successor to, the
Fair Employment Practices Resolution (House Resolution 558 of the
One Hundredth Congress, as agreed to October 4, 1988).
(C) Exercise of rulemaking power.--The provisions of
subparagraph (B) are enacted by the House of Representatives as
an exercise of the rulemaking power of the House of
Representatives, with full recognition of the right of the House
to change its rules, in the same manner, and to the same extent
as in the case of any other rule of the House.
(3) Matters other than employment.--
(A) In general.--The rights and protections under this Act
shall, subject to subparagraph (B), apply with respect to the
conduct of the House of Representatives regarding matters other
than employment.
(B) Remedies.--The Architect of the Capitol shall
establish remedies and procedures to be utilized with respect to
the rights and protections provided pursuant to subparagraph
(A). Such remedies and procedures shall apply exclusively,
after approval in accordance with subparagraph (C).
(C) Approval.--For purposes of subparagraph (B), the
Architect of the Capitol shall submit proposed remedies and
procedures to the Speaker of the House of Representatives. The
remedies and procedures