101st CONGRESS
2d Session
S. 933
AMENDMENT
S 933 EAH
In the House of Representatives, U. S.,
May 22, 1990.
Resolved, That the bill from the Senate (S. 933) entitled `An Act to
establish a clear and comprehensive prohibition of discrimination on the
basis of disability', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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(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:

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Subtitle A--Prohibition Against Discrimination and Other Generally Applicable
Provisions

87b930818d4e21a809f0344e49312bed772b4c444f30a7f73eef43fc14b0b040

TITLE I

-EMPLOYMENT

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

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TITLE II

-PUBLIC SERVICES

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Part II--Public Transportation by Intercity and Commuter Rail

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a7aef86fc192e25c7dde08ec7e31a535a83c35b615dfdc3f17533db04f6e43df

TITLE III

-PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

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882783c5a0a4380dab5e016867a4d2dbca6cf62b11b7ddbad210388c029ff269

TITLE IV

-TELECOMMUNICATIONS RELAY SERVICES

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TITLE V

-MISCELLANEOUS PROVISIONS

(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.

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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.

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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.

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(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).

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(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) FOOD HANDLING JOBS- It shall not be a violation of this Act for an
employee to refuse to assign or continue to assign any employee with an
infectious or communicable disease of public health significance to a job
involving food handling, provided that the employer shall make reasonable
accommodation that would offer an alternative employment opportunity for
which the employee is qualified and for which the employee would sustain
no economic damage.

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(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) RAIL EMPLOYEES- Nothing in this title shall be construed to encourage,
prohibit, restrict, or authorize the otherwise lawful exercise by railroads
of authority to--
(1) test railroad employees in, and applicants for, positions involving
safety-sensitive duties, as determined by the Secretary of Transportation,
for the illegal use of drugs and for on-duty impairment by alcohol; and
(2) remove such persons who test positive pursuant to paragraph (1) from
safety-sensitive duties in implementing subsection (c).

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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).

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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.

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(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. Such
agencies shall establish such coordinating mechanisms in the regulations
implementing this title and the Rehabilitation Act of 1973.

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This title shall become effective 24 months after the date of enactment.
Subtitle A--Prohibition Against Discrimination and Other Generally Applicable
Provisions

d10eee84dbdd33acbd1b2c73ec3028223a93c9b530b378c2de65cd6e376b73eb

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.

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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.

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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.

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(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.

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(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

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As used in this part:
(1) DEMAND RESPONSIVE SYSTEM- The term `demand responsive system' means
any system of providing designated public transportation which is not a
fixed route system.
(2) DESIGNATED PUBLIC TRANSPORTATION- The term `designated public
transportation' means transportation (other than public school
transportation) by bus, rail, or any other conveyance (other than
transportation by aircraft or intercity or commuter rail transportation
(as defined in section 241)) that provides the general public with general
or special service (including charter service) on a regular and continuing
basis.
(3) FIXED ROUTE SYSTEM- The term `fixed route system' means a system of
providing designated public transportation on which a vehicle is operated
along a prescribed route according to a fixed schedule.
(4) OPERATES- The term `operates', as used with respect to a fixed route
system or demand responsive system, includes operation of such system by
a person under a contractual or other arrangement or relationship with a
public entity.
(5) PUBLIC SCHOOL TRANSPORTATION- The term `public school transportation'
means transportation by schoolbus vehicles of schoolchildren, personnel,
and equipment to and from a public elementary or secondary school and
school-related activities.
(6) SECRETARY- The term `Secretary' means the Secretary of Transportation.

507e51dba2281d422b0ce8a6c5ac2ee1abf5ac052c230c003d24737500dc15f6

(a) PURCHASE AND LEASE OF NEW VEHICLES- It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed
route system to purchase or lease a new bus, a new rapid rail vehicle,
a new light rail vehicle, or any other new vehicle to be used on such
system, if the solicitation for such purchase or lease is made after the
30th day following the effective date of this subsection and if such bus,
rail vehicle, or other vehicle is not readily accessible to and usable by
individuals with disabilities, including individuals who use wheelchairs.
(b) PURCHASE AND LEASE OF USED VEHICLES- Subject to subsection (c)(1),
it shall be considered discrimination for purposes of section 202 of this
Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for
a public entity which operates a fixed route system to purchase or lease,
after the 30th day following the effective date of this subsection, a used
vehicle for use on such system unless such entity makes demonstrated good
faith efforts to purchase or lease a used vehicle for use on such system
that is readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(c) REMANUFACTURED VEHICLES-
(1) GENERAL RULE- Except as provided in paragraph (2), it shall be considered
discrimination for purposes of section 202 of this Act and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which
operates a fixed route system--
(A) to remanufacture a vehicle for use on such system so as to extend its
usable life for 5 years or more, which remanufacture begins (or for which
the solicitation is made) after the 30th day following the effective date
of this subsection; or
(B) to purchase or lease for use on such system a remanufactured vehicle
which has been remanufactured so as to extend its usable life for 5 years
or more, which purchase or lease occurs after such 30th day and during
the period in which the usable life is extended;
unless, after remanufacture, the vehicle is, to the maximum extent feasible,
readily accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs.
(2) EXCEPTION FOR HISTORIC VEHICLES-
(A) GENERAL RULE- If a public entity operates a fixed route system any
segment of which is included on the National Register of Historic Places
and if making a vehicle of historic character to be used solely on such
segment readily accessible to and usable by individuals with disabilities
would significantly alter the historic character of such vehicle, the public
entity only has to make (or to purchase or lease a remanufactured vehicle
with) those modifications which are necessary to meet the requirements of
paragraph (1) and which do not significantly alter the historic character
of such vehicle.
(B) VEHICLES OF HISTORIC CHARACTER DEFINED BY REGULATIONS- For purposes
of this paragraph and section 228(b), a vehicle of historic character
shall be defined by the regulations issued by the Secretary to carry out
this subsection.

dbb778e4c84a8c664f93e6e535e92235922abf9b7568d12209c27c13b8920a49

(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; and
(B) to 1 other individual accompanying the individual with the disability.
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.

c3b35f4b01a1223361b46f070a07910eb0bbca0e7316646fe80c6eaabcfc8bb2

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.

0691d107e0f9112edd5933ff49d894d52dcc46aac5f87210a649c003926fdab9

(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.

45d845ec0615a5aa72cc7d648bd8655641fedcc2487c9e804b9a8b2f3a456ae1

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.

27f722f5fecd144e2772e21bd12490d7a994a2551c57d92995faf57cfb33988a

(a) GENERAL RULE- With respect to alterations of an existing facility or part
thereof used in the provision of designated public transportation services
that affect or could affect the usability of the facility or part thereof,
it shall be considered discrimination, for purposes of section 202 of this
Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
for a public entity to fail to make such alterations (or to ensure that
the alterations are made) in such a manner that, to the maximum extent
feasible, the altered portions of the facility are readily accessible
to and usable by individuals with disabilities, including individuals
who use wheelchairs, upon the completion of such alterations. Where the
public entity is undertaking an alteration that affects or could affect
usability of or access to an area of the facility containing a primary
function, the entity shall also make the alterations in such a manner
that, to the maximum extent feasible, the path of travel to the altered
area and the bathrooms, telephones, and drinking fountains serving the
altered area, are readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, upon completion
of such alterations, where such alterations to the path of travel or the
bathrooms, telephones, and drinking fountains serving the altered area are
not disproportionate to the overall alterations in terms of cost and scope
(as determined under criteria established by the Attorney General).
(b) Special Rule for Stations-
(1) GENERAL RULE- For purposes of section 202 of this Act and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be
considered discrimination for a public entity that provides designated
public transportation to fail, in accordance with the provisions of
this subsection, to make key stations (as determined under criteria
established by the Secretary by regulation) in rapid rail and light rail
systems readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(2) Rapid rail and light rail key stations-
(A) ACCESSIBILITY- Except as otherwise provided in this paragraph, all
key stations (as determined under criteria established by the Secretary
by regulation) in rapid rail and light rail systems shall be made readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, as soon as practicable but in no event
later than the last day of the 3-year period beginning on the effective
date of this paragraph.
(B) EXTENSION FOR EXTRAORDINARILY EXPENSIVE STRUCTURAL CHANGES- The Secretary
may extend the 3-year period under subparagraph (A) up to a 30-year period
for key stations in a rapid rail or light rail system which stations
need extraordinarily expensive structural changes to, or replacement of,
existing facilities; except that by the last day of the 20th year following
the date of the enactment of this Act at least  2/3  of such key stations
must be readily accessible to and usable by individuals with disabilities.
(3) PLANS AND MILESTONES- The Secretary shall require the appropriate public
entity to develop and submit to the Secretary a plan for compliance with
this subsection--
(A) that reflects consultation with individuals with disabilities affected
by such plan and the results of a public hearing and public comments on
such plan, and
(B) that establishes milestones for achievement of the requirements of
this subsection.

53acc2eac7a8636b95c14e73eb89224acb8ed14848f0eeff2d5b1ef265c962ba

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) KEY STATIONS- Paragraph (1) shall not apply to a key station if
the portion of such station providing access to the vehicle boarding or
disembarking location has not been made readily accessible to and usable
by individuals with disabilities who use wheelchairs at that station.
(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.

6ffbedbe235447e0e5d468851a5a9e65e13bb401f5b495cc2537d276215e705f

(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.

63ca4b7d7022319bc600940da8feec96951db0d9cefdd6d623f4460e84d190d7

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.

797cca556e895203f26b679cb692802304ea254a03b1a04fb117262f88957816

(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

9b589f1f9f875ce13e12cc1b49b74b7bf4712b9a982e42fe1ecc2513cfb9d149

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; and
(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.

152c39c61580c1a4857b81299b6fa1c2f8c927f415b813a32e09b90d2dadf6c1

(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.

0bda7f7b8e4a465d63d82878c2e2090ee0fcbbd20ca33f672fab795fc8a13f2e

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.

d1c2aca9aeaaa6541504ab96fc0d739ceb52fafae7bf96703c7fdeee7866200d

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.

85b01cf3d3c4f242fc1b61c5890d10243f7eaa486f4bf820697007d5795b68fc

(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.

4928c7e0f5699029701a67a0964b059d4efa8d12b019806069a8ab32d6e85b87

(a) GENERAL RULE- Except as provided in subsection (b), this part shall
become effective 18 months after the date of enactment of this Act.
(b) EXCEPTION- Sections 242 and 244 shall become effective on the date of
enactment of this Act.

485e5e18f5a1190a361c08345ce68b49891ca2df6dbb2328ff27eee19ee83561

As used in this title:
(1) COMMERCE- The term `commerce' means travel, trade, traffic, commerce,
transportation, or communication--
(A) among the several States;
(B) between any foreign country or any territory or possession and any
State; or
(C) between points in the same State but through another State or foreign
country.
(2) COMMERCIAL FACILITIES- The term `commercial facilities' means
facilities--
(A) that are intended for nonresidential use; and
(B) whose operations will affect commerce.
Such term shall not include railroad locomotives, railroad freight cars,
railroad cabooses, railroad cars described in section 242 or covered under this
title, railroad rights-of-way, or facilities that are covered or expressly
exempted from coverage under the Fair Housing Act of 1968 (42 U.S.C. 3601
et seq.).
(3) DEMAND RESPONSIVE SYSTEM- The term `demand responsive system' means
any system of providing transportation of individuals by a vehicle, other
than a system which is a fixed route system.
(4) FIXED ROUTE SYSTEM- The term `fixed route system' means a system of
providing transportation of individuals (other than by aircraft) on which
a vehicle is operated along a prescribed route according to a fixed schedule.
(5) OVER-THE-ROAD BUS- The term `over-the-road bus' means a bus characterized
by an elevated passenger deck located over a baggage compartment.
(6) PRIVATE ENTITY- The term `private entity' means any entity other than
a public entity (as defined in section 201(1)).
(7) PUBLIC ACCOMMODATION- The following private entities are considered
public accommodations for purposes of this title, if the operations of
such entities affect commerce--
(A) an inn, hotel, motel, or other place of lodging, except for an
establishment located within a building that contains not more than five
rooms for rent or hire and that is actually occupied by the proprietor of
such establishment as the residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food or drink;
(C) a motion picture house, theater, concert hall, stadium, or other place
of exhibition or entertainment;
(D) an auditorium, convention center, lecture hall, or other place of
public gathering;
(E) a bakery, grocery store, clothing store, hardware store, shopping
center, or other sales or rental establishment;
(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel
service, shoe repair service, funeral parlor, gas station, office of an
accountant or lawyer, pharmacy, insurance office, professional office of
a health care provider, hospital, or other service establishment;
(G) a terminal, depot, or other station used for specified public
transportation;
(H) a museum, library, gallery, or other place of public display or
collection;
(I) a park, zoo, amusement park, or other place of recreation;
(J) a nursery, elementary, secondary, undergraduate, or postgraduate
private school, or other place of education;
(K) a day care center, senior citizen center, homeless shelter, food bank,
adoption agency, or other social service center establishment; and
(L) a gymnasium, health spa, bowling alley, golf course, or other place
of exercise or recreation.
(8) RAIL AND RAILROAD- The terms `rail' and `railroad' have the meaning
given the term `railroad' in section 202(e) of the Federal Railroad Safety
Act of 1970 (45 U.S.C. 431(e)).
(9) READILY ACHIEVABLE- The term `readily achievable' means easily
accomplishable and able to be carried out without much difficulty or
expense. In determining whether an action is readily achievable, factors
to be considered include--
(A) the nature and cost of the action needed under this Act;
(B) the overall financial resources of the facility or facilities involved
in the action; the number of persons employed at such facility; the effect
on expenses and resources, or the impact otherwise of such action upon
the operation of the facility;
(C) the overall financial resources of the covered entity; the overall
size of the business of a covered entity with respect to the number of
its employees; the number, type, and location of its facilities; and
(D) the type of operation or operations of the covered entity, including
the composition, structure, and functions of the workforce of such entity;
the geographic separateness, administrative or fiscal relationship of the
facility or facilities in question to the covered entity.
(10) SPECIFIED PUBLIC TRANSPORTATION- The term `specified public
transportation' means transportation by bus, rail, or any other conveyance
(other than by aircraft) that provides the general public with general or
special service (including charter service) on a regular and continuing
basis.
(11) VEHICLE- The term `vehicle' does not include a rail passenger car,
railroad locomotive, railroad freight car, railroad caboose, or a railroad
car described in section 242 or covered under this title.

f097023ba5913c5d3cd485854bb576dcbcae711b7bbd43b75fe40dda31f24e4d

(a) GENERAL RULE- No individual shall be discriminated against on the basis
of disability in the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of any place of
public accommodation by any person who owns, leases (or leases to), or
operates a place of public accommodation.
(b) CONSTRUCTION-
(1) GENERAL PROHIBITION-
(A) ACTIVITIES-
(i) DENIAL OF PARTICIPATION- It shall be discriminatory to subject
an individual or class of individuals on the basis of a disability or
disabilities of such individual or class, directly, or through contractual,
licensing, or other arrangements, to a denial of the opportunity of the
individual or class to participate in or benefit from the goods, services,
facilities, privileges, advantages, or accommodations of an entity.
(ii) PARTICIPATION IN UNEQUAL BENEFIT- It shall be discriminatory to afford
an individual or class of individuals, on the basis of a disability or
disabilities of such individual or class, directly, or through contractual,
licensing, or other arrangements with the opportunity to participate
in or benefit from a good, service, facility, privilege, advantage, or
accommodation that is not equal to that afforded to other individuals.
(iii) SEPARATE BENEFIT- It shall be discriminatory to provide an individual
or class of individuals, on the basis of a disability or disabilities of
such individual or class, directly, or through contractual, licensing, or
other arrangements with a good, service, facility, privilege, advantage,
or accommodation that is different or separate from that provided to other
individuals, unless such action is necessary to provide the individual or
class of individuals with a good, service, facility, privilege, advantage,
or accommodation, or other opportunity that is as effective as that provided
to others.
(iv) INDIVIDUAL OR CLASS OF INDIVIDUALS-  For purposes of clauses (i) through
(iii) of this subparagraph, the term `individual or class of individuals'
refers to the clients or customers of the covered public accommodation
that enters into the contractual, licensing or other arrangement.
(B) INTEGRATED SETTINGS- Goods, services, facilities, privileges, advantages,
and accommodations shall be afforded to an individual with a disability
in the most integrated setting appropriate to the needs of the individual.
(C) OPPORTUNITY TO PARTICIPATE- Notwithstanding the existence of separate or
different programs or activities provided in accordance with this section,
an individual with a disability shall not be denied the opportunity
to participate in such programs or activities that are not separate or
different.
(D) ADMINISTRATIVE METHODS- An individual or entity shall not, directly or
through contractual or other arrangements, utilize standards or criteria
or methods of administration--
(i) that have the effect of discriminating on the basis of disability; or
(ii) that perpetuate the discrimination of others who are subject to common
administrative control.
(E) ASSOCIATION- It shall be discriminatory to exclude or otherwise deny
equal goods, services, facilities, privileges, advantages, accommodations,
or other opportunities to an individual or entity because of the known
disability of an individual with whom the individual or entity is known
to have a relationship or association.
(2) SPECIFIC PROHIBITIONS-
(A) DISCRIMINATION- For purposes of subsection (a), discrimination includes--
(i) the imposition or application of eligibility criteria that screen
out or tend to screen out an individual with a disability or any class of
individuals with disabilities from fully and equally enjoying any goods,
services, facilities, privileges, advantages, or accommodations, unless
such criteria can be shown to be necessary for the provision of the goods,
services, facilities, privileges, advantages, or accommodations being
offered;
(ii) a failure to make reasonable modifications in policies, practices,
or procedures, when such modifications are necessary to afford such
goods, services, facilities, privileges, advantages, or accommodations
to individuals with disabilities, unless the entity can demonstrate that
making such modifications would fundamentally alter the nature of such
goods, services, facilities, privileges, advantages, or accommodations;
(iii) a failure to take such steps as may be necessary to ensure that no
individual with a disability is excluded, denied services, segregated
or otherwise treated differently than other individuals because of the
absence of auxiliary aids and services, unless the entity can demonstrate
that taking such steps would fundamentally alter the nature of the good,
service, facility, privilege, advantage, or accommodation being offered
or would result in an undue burden;
(iv) a failure to remove architectural barriers, and communication
barriers that are structural in nature, in existing facilities, and
transportation barriers in existing vehicles and rail passenger cars used
by an establishment for transporting individuals (not including barriers
that can only be removed through the retrofitting of vehicles or rail
passenger cars by the installation of a hydraulic or other lift), where
such removal is readily achievable; and
(v) where an entity can demonstrate that the removal of a barrier under
clause (iv) is not readily achievable, a failure to make such goods,
services, facilities, privileges, advantages, or accommodations available
through alternative methods if such methods are readily achievable.
(B) FIXED ROUTE SYSTEM-
(i) ACCESSIBILITY- It shall be considered discrimination for a private
entity which operates a fixed route system and which is not subject to
section 304 to purchase or lease a vehicle with a seating capacity in
excess of 16 passengers (including the driver) for use on such system, for
which a solicitation is made after the 30th day following the effective
date of this subparagraph, that is not readily accessible to and usable
by individuals with disabilities, including individuals who use wheelchairs.
(ii) EQUIVALENT SERVICE- If a private entity which operates a fixed route
system and which is not subject to section 304 purchases or leases a vehicle
with a seating capacity of 16 passengers or less (including the driver)
for use on such system after the effective date of this subparagraph that
is not readily accessible to or usable by individuals with disabilities,
it shall be considered discrimination for such entity to fail to operate
such system so that, when viewed in its entirety, such system ensures a
level of service to individuals with disabilities, including individuals who
use wheelchairs, equivalent to the level of service provided to individuals
without disabilities.
(C) DEMAND RESPONSIVE SYSTEM- For purposes of subsection (a), discrimination
includes--
(i) a failure of a private entity which operates a demand responsive system
and which is not subject to section 304 to operate such system so that, when
viewed in its entirety, such system ensures a level of service to individuals
with disabilities, including individuals who use wheelchairs, equivalent
to the level of service provided to individuals without disabilities; and
(ii) the purchase or lease by such entity for use on such system of a vehicle
with a seating capacity in excess of 16 passengers (including the driver),
for which solicitations are made after the 30th day following the effective
date of this subparagraph, that is not readily accessible to and usable by
individuals with disabilities (including individuals who use wheelchairs)
unless such entity can demonstrate that such system, when viewed in its
entirety, provides a level of service to individuals with disabilities
equivalent to that provided to individuals without disabilities.
(D) OVER-THE-ROAD BUSES-
(i) LIMITATION ON APPLICABILITY- Subparagraphs (B) and (C) do not apply
to over-the-road buses.
(ii) ACCESSIBILITY REQUIRE- MENTS- 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.

6c5917340b6be1db8826228320b3e64e2e3f42c0b2d422fa75913ba620369bba

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.

495d4432ab91b69881a60400959932ccab079dbcf2051aadec02f629d0f1bce4

SERVICES PROVIDED BY PRIVATE ENTITIES.
(a) GENERAL RULE- No individual shall be discriminated against on the
basis of disability in the full and equal enjoyment of specified public
transportation services provided by a private entity that is primarily
engaged in the business of transporting people and whose operations affect
commerce.
(b) CONSTRUCTION- For purposes of subsection (a), discrimination includes--
(1) the imposition or application by a entity described in subsection
(a) of eligibility criteria that screen out or tend to screen out an
individual with a disability or any class of individuals with disabilities
from fully enjoying the specified public transportation services provided
by the entity, unless such criteria can be shown to be necessary for the
provision of the services being offered;
(2) the failure of such entity to--
(A) make reasonable modifications consistent with those required under
section 302(b)(2)(A)(ii);
(B) provide auxiliary aids and services consistent with the requirements
of section 302(b)(2)(A)(iii); and
(C) remove barriers consistent with the requirements of section 302(b)(2)(A)
and with the requirements of section 303(a)(2);
(3) the purchase or lease by such entity of a new vehicle (other than
an automobile, a van with a seating capacity of less than 8 passengers,
including the driver, or an over-the-road bus) which is to be used to
provide specified public transportation and for which a solicitation is
made after the 30th day following the effective date of this section, that
is not readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs; except that the new vehicle
need not be readily accessible to and usable by such individuals if the
new vehicle is to be used solely in a demand responsive system and if
the entity can demonstrate that such system, when viewed in its entirety,
provides a level of service to such individuals equivalent to the level
of service provided to the general public;
(4)(A) the purchase or lease by such entity of an over-the-road bus which
does not comply with the regulations issued under section 306(a)(2); and
(B) any other failure of such entity to comply with such regulations; and
(5) the purchase or lease by such entity of a new van with a seating capacity
of less than 8 passengers, including the driver, which is to be used to
provide specified public transportation and for which a solicitation is
made after the 30th day following the effective date of this section that
is not readily accessible to or usable by individuals with disabilities,
including individuals who use wheelchairs; except that the new van need not
be readily accessible to and usable by such individuals if the entity can
demonstrate that the system for which the van is being purchased or leased,
when viewed in its entirety, provides a level of service to such individuals
equivalent to the level of service provided to the general public;
(6) the purchase or lease by such entity of a new rail passenger car that
is to be used to provide specified public transportation, and for which a
solicitation is made later than 30 days after the effective date of this
paragraph, that is not readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs; and
(7) the remanufacture by such entity of a rail passenger car that is to
be used to provide specified public transportation so as to extend its
usable life for 10 years or more, or the purchase or lease by such entity
of such a rail car, unless the rail car, to the maximum extent feasible,
is made readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(c) HISTORICAL OR ANTIQUATED CARS-
(1) EXCEPTION- To the extent that compliance with subsection (b)(2)(C) or
(b)(7) would significantly alter the historic or antiquated character of
a historical or antiquated rail passenger car, or a rail station served
exclusively by such cars, or would result in violation of any rule,
regulation, standard, or order issued by the Secretary of Transportation
under the Federal Railroad Safety Act of 1970, such compliance shall not
be required.
(2) DEFINITION- As used in this subsection, the term `historical or
antiquated rail passenger car' means a rail passenger car--
(A) which is not less than 30 years old at the time of its use for
transporting individuals;
(B) the manufacturer of which is no longer in the business of manufacturing
rail passenger cars; and
(C) which--
(i) has a consequential association with events or persons significant to
the past; or
(ii) embodies, or is being restored to embody, the distinctive
characteristics of a type of rail passenger car used in the past, or to
represent a time period which has passed.

8377be3484230b02e9cc5a8e148bfbf5a05f41dcd4547a742e23a9b042f734d1

(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).

4c354dd90a3b68352c69ad7b97a28f90bbc27fb5f35137801ab1355274eac34f

(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.

f68cf01a63febf1d1c7ae9b0ead61122ddc60c5eced6b40974f25d4328a13a1c

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.

46fb4481af016dfcd552c36030eeae223267e9f9bc3ec6702d5c72ddfab57e7a

(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.

0adc05933f681a17ee50da7ae8c4ee1b331819c426e40f96cde5fdc74fab1604

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.

4a350b0beb0545501bf2783553fde6e8aa4c472800102d562628bf2f086eecb7

(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--
(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.

01ef2d2f71fa8102eec5246849d6f8829e39355e6351a72541fcfa33f0c6aa5b

SPEECH-IMPAIRED INDIVIDUALS.
(a) TELECOMMUNICATIONS- Title II of the Communications Act of 1934 (47
U.S.C. 201 et seq.) is amended by adding at the end thereof the following
new section:
`SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED
INDIVIDUALS.
`(a) DEFINITIONS- As used in this section--
`(1) COMMON CARRIER OR CARRIER- The term `common carrier' or `carrier'
includes any common carrier engaged in interstate communication by wire or
radio as defined in section 3(h) and any common carrier engaged in intrastate
communication by wire or radio, notwithstanding sections 2(b) and 221(b).
`(2) TDD- The term `TDD' means a Telecommunications Device for the Deaf,
which is a machine that employs graphic communication in the transmission
of coded signals through a wire or radio communication system.
`(3) TELECOMMUNICATIONS RELAY SERVICES- The term `telecommunications relay
services' means telephone transmission services that provide the ability for
an individual who has a hearing impairment or speech impairment to engage in
communication by wire or radio with a hearing individual in a manner that
is functionally equivalent to the ability of an individual who does not
have a hearing impairment or speech impairment to communicate using voice
communication services by wire or radio. Such term includes services that
enable two-way communication between an individual who uses a TDD or other
nonvoice terminal device and an individual who does not use such a device.
`(b) AVAILABILITY OF TELECOMMUNICATIONS RELAY SERVICES-
`(1) IN GENERAL- In order to carry out the purposes established under
section 1, to make available to all individuals in the United States
a rapid, efficient nationwide communication service, and to increase
the utility of the telephone system of the Nation, the Commission shall
ensure that interstate and intrastate telecommunications relay services
are available, to the extent possible and in the most efficient manner,
to hearing-impaired and speech-impaired individuals in the United States.
`(2) USE OF GENERAL AUTHORITY AND REMEDIES- For the purposes of
administering and enforcing the provisions of this section and the
regulations prescribed thereunder, the Commission shall have the same
authority, power, and functions with respect to common carriers engaged
in intrastate communication as the Commission has in administering and
enforcing the provisions of this title with respect to any common carrier
engaged in interstate communication. Any violation of this section by any
common carrier engaged in intrastate communication shall be subject to the
same remedies, penalties, and procedures as are applicable to a violation
of this Act by a common carrier engaged in interstate communication.
`(c) PROVISION OF SERVICES- Each common carrier providing telephone
voice transmission services shall, not later than 3 years after the date
of enactment of this section, provide in compliance with the regulations
prescribed under this section, within 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'.

c9d7999eac8a65fb50e48cc1c17a70f66fd8d2ebadae120bc35fdb157b64a324

-TELECOMMUNICATIONS

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.'.

19e355ed0d9b2b5444b12dbb96381132877edeb19744267a0108945fde840a29

(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.

2031966fe226af9b3576483369bda4f96658be68f5a29e22d04b56bc4e6cbac1

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.

4fc666bfa8e40a646031d7d1e2309b67eaf1d01969a3797a2e3462c956f93b05

(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.

96ab31d03c4dbbda355f6559db1e38e787c9a7b3c22de685ac7f1b1bc9e3e25d

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.

0281d752cc77c5e1f964994f0027ea8fb02bf414f7cdbdc598f35e6f18f07fe4

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.

17f5d080d678a94dcaffe67905577d49fafaf2909f153ccf94e3d6c47a7a0757

(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. 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.

be889c7c7be94861d7f3bfa01748029644e7bf171f05168261dc3d794311d335

(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- Congress reaffirms that nothing in the
Wilderness Act is to be construed as prohibiting use of a wheelchair
in a wilderness area by an individual whose disability requires use of
a wheelchair, but 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.

cabff421fb821649e3dc12168090cd3d0e6d3aa834a5021c20a4ee48a873486f

For the purposes of this Act, the term `disabled' or `disability' shall
not apply to an individual solely because that individual is a transvestite.

f0d20d919a68e1abff0ff17592163c1d4b0c63fdb2ee8d5324bd3846628aacf7

(a) IN GENERAL- Notwithstanding any other provision of this Act or of law,
the purposes of this Act shall, subject to subsections (b) through (d),
apply in their entirety to the Senate, the House of Representatives,
and all the instrumentalities of the Congress, or either House thereof.
(b) EMPLOYMENT IN THE HOUSE OF REPRESENTATIVES-
(1) IN GENERAL- The rights and protections under this Act shall, subject
to paragraph (2), apply with respect to any employee in an employment
position in the House of Representatives and any employing authority of
the House of Representatives.
(2) ADMINISTRATION-
(A) In the administration of this subsection, the remedies and procedures
made applicable pursuant to the resolution described in subparagraph (B)
shall apply exclusively.
(B) The resolution referred to in subparagraph (A) is House Resolution
15 of the One Hundredth 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).
(3) EXERCISE OF RULEMAKING POWER- The provisions of paragraph (2) of this
subsection are enacted by the Congress 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.
(c) CONGRESSIONAL MATTERS OTHER THAN EMPLOYMENT-
(1) IN GENERAL- The rights and protections under this Act shall, subject to
paragraph (2), apply with respect to the conduct of the Congress regarding
matters other than employment.
(2) ESTABLISHMENT OF REMEDIES AND PROCEDURES BY ARCHITECT OF THE CAPITOL-
The Architect of the Capitol shall establish remedies and procedures to
be utilized with respect to the rights and protections provided pursuant
to paragraph (1). Such remedies and procedures shall apply exclusively,
after approval in accordance with paragraph (3).
(3) APPROVAL BY CONGRESSIONAL LEADERSHIP- For purposes of paragraph (2),
the Architect of the Capitol shall submit proposed remedies and procedures
to the Speaker of the House of Representatives and to an appropriate
officer of the Senate, as designated by the Senate. The remedies and
procedures shall be effective upon the approval of the Speaker, after
consultation with the House Office Building Commission, and the approval
of the appropriate officer of the Senate.
(d) INSTRUMENTALITIES OF CONGRESS-
(1) IN GENERAL- The rights and protections under this Act shall, subject
to paragraph (2), apply with respect to the conduct of each instrumentality
of the Congress.
(2) ESTABLISHMENT OF REMEDIES AND PROCEDURES BY INSTRUMENTALITIES- The chief
official of each instrumentality of the Congress shall establish remedies
and procedures to be utilized with respect to the rights and protections
provided pursuant to paragraph (1). Such remedies and procedures shall
apply exclusively.
(3) REPORT TO CONGRESS- The chief official of each instrumentality of the
Congress shall, after establishing remedies and procedures for purposes
of paragraph (2), submit to the Congress a report describing the remedies
and procedures.

590e4712f9b9a58c4912a74b45447abc434d26b05db31bc45ceb544336224fc2

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

07241f0de9bccfa3d483d569780b0cb47a7ef28bc9459d584a2a5ebffe2981d8

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

0c5cc1ce2a7ae12ab8590739f9a42f99e327868cdf4f80b36679b48d61cb7f11

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

91a2d3dbf0d8dbd7e1f2bc8436971327823c4be1e868e49d7d025c2fc39a4c24

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

3e647eaba3ec4354579870a68050e851ee4a90bb5d361a204dbef6efb27caa1d

Should any provision in this Act be found to be unconstitutional by a
court of law, such provision shall be severed from the remainder of the
Act, and such action shall not affect the enforceability of the remaining
provisions of the Act.
Attest:
Clerk.
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53122f91812743db0059c5bc81cc435e0ed32c987283b41cc425769577cf2557

Americans with Disabilities Act of 1990

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

TITLE IV

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