Text: S.933 — 101st Congress (1989-1990)All Information (Except Text)

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S.933
--S.933--
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To establish a clear and comprehensive prohibition of discrimination on the
basis of
disability.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
 (a) SHORT TITLE- This Act may be cited as the `Americans with Disabilities
 Act of 1990'.
 (b) TABLE OF CONTENTS- The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--EMPLOYMENT
Sec. 101. Definitions.
Sec. 102. Discrimination.
Sec. 103. Defenses.
Sec. 104. Illegal use of drugs and alcohol.
Sec. 105. Posting notices.
Sec. 106. Regulations.
Sec. 107. Enforcement.
Sec. 108. Effective date.
TITLE II--PUBLIC SERVICES
Subtitle A--Prohibition Against Discrimination and Other Generally Applicable
Provisions
Sec. 201. Definition.
Sec. 202. Discrimination.
Sec. 203. Enforcement.
Sec. 204. Regulations.
Sec. 205. Effective date.
Subtitle B--Actions Applicable to Public Transportation Provided by Public
Entities Considered Discriminatory
Part I--Public Transportation Other Than by Aircraft or Certain Rail Operations
Sec. 221. Definitions.
Sec. 222. Public entities operating fixed route systems.
Sec. 223. Paratransit as a complement to fixed route service.
Sec. 224. Public entity operating a demand responsive system.
Sec. 225. Temporary relief where lifts are unavailable.
Sec. 226. New facilities.
Sec. 227. Alterations of existing facilities.
Sec. 228. Public transportation programs and activities in existing facilities
and one car per train rule.
Sec. 229. Regulations.
Sec. 230. Interim accessibility requirements.
Sec. 231. Effective date.
Part II--Public Transportation by Intercity and Commuter Rail
Sec. 241. Definitions.
Sec. 242. Intercity and commuter rail actions considered discriminatory.
Sec. 243. Conformance of accessibility standards.
Sec. 244. Regulations.
Sec. 245. Interim accessibility requirements.
Sec. 246. Effective date.
TITLE III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES
Sec. 301. Definitions.
Sec. 302. Prohibition of discrimination by public accommodations.
Sec. 303. New construction and alterations in public accommodations and
commercial facilities.
Sec. 304. Prohibition of discrimination in specified public transportation
services provided by private entities.
Sec. 305. Study.
Sec. 306. Regulations.
Sec. 307. Exemptions for private clubs and religious organizations.
Sec. 308. Enforcement.
Sec. 309. Examinations and courses.
Sec. 310. Effective date.
TITLE IV--TELECOMMUNICATIONS
Sec. 401. Telecommunications relay services for hearing-impaired and
speech-impaired individuals.
Sec. 402. Closed-captioning of public service announcements.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Construction.
Sec. 502. State immunity.
Sec. 503. Prohibition against retaliation and coercion.
Sec. 504. Regulations by the Architectural and Transportation Barriers
Compliance Board.
Sec. 505. Attorney's fees.
Sec. 506. Technical assistance.
Sec. 507. Federal wilderness areas.
Sec. 508. Transvestites.
Sec. 509. Coverage of Congress and the agencies of the legislative branch.
Sec. 510. Illegal use of drugs.
Sec. 511. Definitions.
Sec. 512. Amendments to the Rehabilitation Act.
Sec. 513. Alternative means of dispute resolution.
Sec. 514. Severability.
SEC. 2. FINDINGS AND PURPOSES.
 (a) FINDINGS- The Congress finds that--
 (1) some 43,000,000 Americans have one or more physical or mental
 disabilities, and this number is increasing as the population as a whole
 is growing older;
 (2) historically, society has tended to isolate and segregate individuals with
 disabilities, and, despite some improvements, such forms of discrimination
 against individuals with disabilities continue to be a serious and pervasive
 social problem;
 (3) discrimination against individuals with disabilities persists in such
 critical areas as employment, housing, public accommodations, education,
 transportation, communication, recreation, institutionalization, health
 services, voting, and access to public services;
 (4) unlike individuals who have experienced discrimination on the basis of
 race, color, sex, national origin, religion, or age, individuals who have
 experienced discrimination on the basis of disability have often had no
 legal recourse to redress such discrimination;
 (5) individuals with disabilities continually encounter various forms of
 discrimination, including outright intentional exclusion, the discriminatory
 effects of architectural, transportation, and communication barriers,
 overprotective rules and policies, failure to make modifications to existing
 facilities and practices, exclusionary qualification standards and criteria,
 segregation, and relegation to lesser services, programs, activities,
 benefits, jobs, or other opportunities;
 (6) census data, national polls, and other studies have documented that
 people with disabilities, as a group, occupy an inferior status in our
 society, and are severely disadvantaged socially, vocationally, economically,
 and educationally;
 (7) individuals with disabilities are a discrete and insular minority who
 have been faced with restrictions and limitations, subjected to a history
 of purposeful unequal treatment, and relegated to a position of political
 powerlessness in our society, based on characteristics that are beyond the
 control of such individuals and resulting from stereotypic assumptions not
 truly indicative of the individual ability of such individuals to participate
 in, and contribute to, society;
 (8) the Nation's proper goals regarding individuals with disabilities are
 to assure equality of opportunity, full participation, independent living,
 and economic self-sufficiency for such individuals; and
 (9) the continuing existence of unfair and unnecessary discrimination and
 prejudice denies people with disabilities the opportunity to compete on an
 equal basis and to pursue those opportunities for which our free society
 is justifiably famous, and costs the United States billions of dollars in
 unnecessary expenses resulting from dependency and nonproductivity.
 (b) PURPOSE- It is the purpose of this Act--
 (1) to provide a clear and comprehensive national mandate for the elimination
 of discrimination against individuals with disabilities;
 (2) to provide clear, strong, consistent, enforceable standards addressing
 discrimination against individuals with disabilities;
 (3) to ensure that the Federal Government plays a central role in enforcing
 the standards established in this Act on behalf of individuals with
 disabilities; and
 (4) to invoke the sweep of congressional authority, including the power
 to enforce the fourteenth amendment and to regulate commerce, in order
 to address the major areas of discrimination faced day-to-day by people
 with disabilities.
SEC. 3. DEFINITIONS.
 As used in this Act:
 (1) AUXILIARY AIDS AND SERVICES- The term `auxiliary aids and services'
 includes--
 (A) qualified interpreters or other effective methods of making aurally
 delivered materials available to individuals with hearing impairments;
 (B) qualified readers, taped texts, or other effective methods of making
 visually delivered materials available to individuals with visual impairments;
 (C) acquisition or modification of equipment or devices; and
 (D) other similar services and actions.
 (2) DISABILITY- The term `disability' means, with respect to an individual--
 (A) a physical or mental impairment that substantially limits one or more
 of the major life activities of such individual;
 (B) a record of such an impairment; or
 (C) being regarded as having such an impairment.
 (3) STATE- The term `State' means each of the several States, the District of
 Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
 Islands, the Trust Territory of the Pacific Islands, and the Commonwealth
 of the Northern Mariana Islands.
TITLE I--EMPLOYMENT
SEC. 101. DEFINITIONS.
 As used in this title:
 (1) COMMISSION- The term `Commission' means the Equal Employment Opportunity
 Commission established by section 705 of the Civil Rights Act of 1964
 (42 U.S.C. 2000e-4).
 (2) COVERED ENTITY- The term `covered entity' means an employer, employment
 agency, labor organization, or joint labor-management committee.
 (3) DIRECT THREAT- The term `direct threat' means a significant risk to
 the health or safety of others that cannot be eliminated by reasonable
 accommodation.
 (4) EMPLOYEE- The term `employee' means an individual employed by an employer.
 (5) EMPLOYER-
 (A) IN GENERAL- The term `employer' means a person engaged in an industry
 affecting commerce who has 15 or more employees for each working day in
 each of 20 or more calendar weeks in the current or preceding calendar
 year, and any agent of such person, except that, for two years following
 the effective date of this title, an employer means a person engaged in an
 industry affecting commerce who has 25 or more employees for each working
 day in each of 20 or more calendar weeks in the current or preceding year,
 and any agent of such person.
 (B) EXCEPTIONS- The term `employer' does not include--
 (i) the United States, a corporation wholly owned by the government of the
 United States, or an Indian tribe; or
 (ii) a bona fide private membership club (other than a labor organization)
 that is exempt from taxation under section 501(c) of the Internal Revenue
 Code of 1986.
 (6) ILLEGAL USE OF DRUGS-
 (A) IN GENERAL- The term `illegal use of drugs' means the use of drugs,
 the possession or distribution of which is unlawful under the Controlled
 Substances Act (21 U.S.C. 812). Such term does not include the use of a
 drug taken under supervision by a licensed health care professional, or
 other uses authorized by the Controlled Substances Act or other provisions
 of Federal law.
 (B) DRUGS- The term `drug' means a controlled substance, as defined in
 schedules I through V of section 202 of the Controlled Substances Act.
 (7) PERSON, ETC- The terms `person', `labor organization', `employment
 agency', `commerce', and `industry affecting commerce', shall have the same
 meaning given such terms in section 701 of the Civil Rights Act of 1964
 (42 U.S.C. 2000e).
 (8) QUALIFIED INDIVIDUAL WITH A DISABILITY- The term `qualified individual
 with a disability' means an individual with a disability who, with or
 without reasonable accommodation, can perform the essential functions of the
 employment position that such individual holds or desires. For the purposes
 of this title, consideration shall be given to the employer's judgment as
 to what functions of a job are essential, and if an employer has prepared
 a written description before advertising or interviewing applicants for
 the job, this description shall be considered evidence of the essential
 functions of the job.
 (9) REASONABLE ACCOMMODATION- The term `reasonable accommodation' may
 include--
 (A) making existing facilities used by employees readily accessible to and
 usable by individuals with disabilities; and
 (B) job restructuring, part-time or modified work schedules, reassignment
 to a vacant position, acquisition or modification of equipment or devices,
 appropriate adjustment or modifications of examinations, training materials
 or policies, the provision of qualified readers or interpreters, and other
 similar accommodations for individuals with disabilities.
 (10) UNDUE HARDSHIP-
 (A) IN GENERAL- The term `undue hardship' means an action requiring
 significant difficulty or expense, when considered in light of the factors
 set forth in subparagraph (B).
 (B) FACTORS TO BE CONSIDERED- In determining whether an accommodation would
 impose an undue hardship on a covered entity, factors to be considered
 include--
 (i) the nature and cost of the accommodation needed under this Act;
 (ii) the overall financial resources of the facility or facilities involved
 in the provision of the reasonable accommodation; the number of persons
 employed at such facility; the effect on expenses and resources, or the
 impact otherwise of such accommodation upon the operation of the facility;
 (iii) the overall financial resources of the covered entity; the overall
 size of the business of a covered entity with respect to the number of its
 employees; the number, type, and location of its facilities; and
 (iv) the type of operation or operations of the covered entity, including
 the composition, structure, and functions of the workforce of such entity;
 the geographic separateness, administrative, or fiscal relationship of the
 facility or facilities in question to the covered entity.
SEC. 102. DISCRIMINATION.
 (a) GENERAL RULE- No covered entity shall discriminate against a qualified
 individual with a disability because of the disability of such individual in
 regard to job application procedures, the hiring, advancement, or discharge
 of employees, employee compen- sation, job training, and other terms,
 conditions, and privileges of employment.
 (b) CONSTRUCTION- As used in subsection (a), the term `discriminate'
 includes--
 (1) limiting, segregating, or classifying a job applicant or employee in
 a way that adversely affects the opportunities or status of such applicant
 or employee because of the disability of such applicant or employee;
 (2) participating in a contractual or other arrangement or relationship
 that has the effect of subjecting a covered entity's qualified applicant
 or employee with a disability to the discrimination prohibited by this
 title (such relationship includes a relationship with an employment or
 referral agency, labor union, an organization providing fringe benefits to
 an employee of the covered entity, or an organization providing training
 and apprenticeship programs);
 (3) utilizing standards, criteria, or methods of administration--
 (A) that have the effect of discrimination on the basis of disability; or
 (B) that perpetuate the discrimination of others who are subject to common
 administrative control;
 (4) excluding or otherwise denying equal jobs or benefits to a qualified
 individual because of the known disability of an individual with whom the
 qualified individual is known to have a relationship or association;
 (5)(A) not making reasonable accommodations to the known physical or mental
 limitations of an otherwise qualified individual with a disability who is
 an applicant or employee, unless such covered entity can demonstrate that
 the accommodation would impose an undue hardship on the operation of the
 business of such covered entity; or
 (B) denying employment opportunities to a job applicant or employee who
 is an otherwise qualified individual with a disability, if such denial is
 based on the need of such covered entity to make reasonable accommodation
 to the physical or mental impairments of the employee or applicant;
 (6) using qualification standards, employment tests or other selection
 criteria that screen out or tend to screen out an individual with a disability
 or a class of individuals with disabilities unless the standard, test or other
 selection criteria, as used by the covered entity, is shown to be job-related
 for the position in question and is consistent with business necessity; and
 (7) failing to select and administer tests concerning employment in the
 most effective manner to ensure that, when such test is administered to
 a job applicant or employee who has a disability that impairs sensory,
 manual, or speaking skills, such test results accurately reflect the skills,
 aptitude, or whatever other factor of such applicant or employee that such
 test purports to measure, rather than reflecting the impaired sensory,
 manual, or speaking skills of such employee or applicant (except where such
 skills are the factors that the test purports to measure).
 (c) MEDICAL EXAMINATIONS AND INQUIRIES-
 (1) IN GENERAL- The prohibition against discrimination as referred to in
 subsection (a) shall include medical examinations and inquiries.
 (2) PREEMPLOYMENT-
 (A) PROHIBITED EXAMINATION OR INQUIRY- Except as provided in paragraph (3),
 a covered entity shall not conduct a medical examination or make inquiries
 of a job applicant as to whether such applicant is an individual with a
 disability or as to the nature or severity of such disability.
 (B) ACCEPTABLE INQUIRY- A covered entity may make preemployment inquiries
 into the ability of an applicant to perform job-related functions.
 (3) EMPLOYMENT ENTRANCE EXAMINATION- A covered entity may require a medical
 examination after an offer of employment has been made to a job applicant
 and prior to the commencement of the employment duties of such applicant, and
 may condition an offer of employment on the results of such examination, if--
 (A) all entering employees are subjected to such an examination regardless
 of disability;
 (B) information obtained regarding the medical condition or history of the
 applicant is collected and maintained on separate forms and in separate
 medical files and is treated as a confidential medical record, except that--
 (i) supervisors and managers may be informed regarding necessary restrictions
 on the work or duties of the employee and necessary accommodations;
 (ii) first aid and safety personnel may be informed, when appropriate,
 if the disability might require emergency treatment; and
 (iii) government officials investigating compliance with this Act shall be
 provided relevant information on request; and
 (C) the results of such examination are used only in accordance with
 this title.
 (4) EXAMINATION AND INQUIRY-
 (A) PROHIBITED EXAMINATIONS AND INQUIRIES- A covered entity shall not
 require a medical examination and shall not make inquiries of an employee
 as to whether such employee is an individual with a disability or as to the
 nature or severity of the disability, unless such examination or inquiry
 is shown to be job-related and consistent with business necessity.
 (B) ACCEPTABLE EXAMINATIONS AND INQUIRIES- A covered entity may conduct
 voluntary medical examinations, including voluntary medical histories,
 which are part of an employee health program available to employees at
 that work site. A covered entity may make inquiries into the ability of an
 employee to perform job-related functions.
 (C) REQUIREMENT- Information obtained under subparagraph (B) regarding the
 medical condition or history of any employee are subject to the requirements
 of subparagraphs (B) and (C) of paragraph (3).
SEC. 103. DEFENSES.
 (a) IN GENERAL- It may be a defense to a charge of discrimination under
 this Act that an alleged application of qualification standards, tests, or
 selection criteria that screen out or tend to screen out or otherwise deny
 a job or benefit to an individual with a disability has been shown to be
 job-related and consistent with business necessity, and such performance
 cannot be accomplished by reasonable accommodation, as required under
 this title.
 (b) QUALIFICATION STANDARDS- The term `qualification standards' may include a
 requirement that an individual shall not pose a direct threat to the health
 or safety of other individuals in the workplace.
 (c) RELIGIOUS ENTITIES-
 (1) IN GENERAL- This title shall not prohibit a religious corporation,
 association, educational institution, or society from giving preference
 in employment to individuals of a particular religion to perform work
 connected with the carrying on by such corporation, association, educational
 institution, or society of its activities.
 (2) RELIGIOUS TENETS REQUIREMENT- Under this title, a religious organization
 may require that all applicants and employees conform to the religious
 tenets of such organization.
 (d) List of Infectious and Communicable Diseases-
 (1) IN GENERAL- The Secretary of Health and Human Services, not later than
 6 months after the date of enactment of this Act, shall--
 (A) review all infectious and communicable diseases which may be transmitted
 through handling the food supply;
 (B) publish a list of infectious and communicable diseases which are
 transmitted through handling the food supply;
 (C) publish the methods by which such diseases are transmitted; and
 (D) widely disseminate such information regarding the list of diseases and
 their modes of transmissability to the general public.
Such list shall be updated annually.
 (2) APPLICATIONS- In any case in which an individual has an infectious or
 communicable disease that is transmitted to others through the handling
 of food, that is included on the list developed by the Secretary of Health
 and Human Services under paragraph (1), and which cannot be eliminated by
 reasonable accommodation, a covered entity may refuse to assign or continue
 to assign such individual to a job involving food handling.
 (3) CONSTRUCTION- Nothing in this Act shall be construed to preempt, modify,
 or amend any State, county, or local law, ordinance, or regulation applicable
 to food handling which is designed to protect the public health from
 individuals who pose a significant risk to the health or safety of others,
 which cannot be eliminated by reasonable accommodation, pursuant to the list
 of infectious or communicable diseases and the modes of transmissability
 published by the Secretary of Health and Human Services.
SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
 (a) QUALIFIED INDIVIDUAL WITH A DISABILITY- For purposes of this title,
 the term `qualified individual with a disability' shall not include any
 employee or applicant who is currently engaging in the illegal use of drugs,
 when the covered entity acts on the basis of such use.
 (b) RULES OF CONSTRUCTION- Nothing in subsection (a) shall be construed to
 exclude as a qualified individual with a disability an individual who--
 (1) has successfully completed a supervised drug rehabilitation program
 and is no longer engaging in the illegal use of drugs, or has otherwise
 been rehabilitated successfully and is no longer engaging in such use;
 (2) is participating in a supervised rehabilitation program and is no longer
 engaging in such use; or
 (3) is erroneously regarded as engaging in such use, but is not engaging
 in such use;
except that it shall not be a violation of this Act for a covered entity
to adopt or administer reasonable policies or procedures, including but not
limited to drug testing, designed to ensure that an individual described in
paragraph (1) or (2) is no longer engaging in the illegal use of drugs.
 (c) AUTHORITY OF COVERED ENTITY- A covered entity--
 (1) may prohibit the illegal use of drugs and the use of alcohol at the
 workplace by all employees;
 (2) may require that employees shall not be under the influence of alcohol
 or be engaging in the illegal use of drugs at the workplace;
 (3) may require that employees behave in conformance with the requirements
 established under the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.);
 (4) may hold an employee who engages in the illegal use of drugs or who
 is an alcoholic to the same qualification standards for employment or job
 performance and behavior that such entity holds other employees, even if
 any unsatisfactory performance or behavior is related to the drug use or
 alcoholism of such employee; and
 (5) may, with respect to Federal regulations regarding alcohol and the
 illegal use of drugs, require that--
 (A) employees comply with the standards established in such regulations of the
 Department of Defense, if the employees of the covered entity are employed in
 an industry subject to such regulations, including complying with regulations
 (if any) that apply to employment in sensitive positions in such an industry,
 in the case of employees of the covered entity who are employed in such
 positions (as defined in the regulations of the Department of Defense);
 (B) employees comply with the standards established in such regulations of
 the Nuclear Regulatory Commission, if the employees of the covered entity
 are employed in an industry subject to such regulations, including complying
 with regulations (if any) that apply to employment in sensitive positions
 in such an industry, in the case of employees of the covered entity who are
 employed in such positions (as defined in the regulations of the Nuclear
 Regulatory Commission); and
 (C) employees comply with the standards established in such regulations of
 the Department of Transportation, if the employees of the covered entity
 are employed in a transportation industry subject to such regulations,
 including complying with such regulations (if any) that apply to employment
 in sensitive positions in such an industry, in the case of employees of
 the covered entity who are employed in such positions (as defined in the
 regulations of the Department of Transportation).
 (d) DRUG TESTING-
 (1) IN GENERAL- For purposes of this title, a test to determine the illegal
 use of drugs shall not be considered a medical examination.
 (2) CONSTRUCTION- Nothing in this title shall be construed to encourage,
 prohibit, or authorize the conducting of drug testing for the illegal use
 of drugs by job applicants or employees or making employment decisions
 based on such test results.
 (e) TRANSPORTATION EMPLOYEES- Nothing in this title shall be construed to
 encourage, prohibit, restrict, or authorize the otherwise lawful exercise
 by entities subject to the jurisdiction of the Department of Transportation
 of authority to--
 (1) test employees of such entities in, and applicants for, positions
 involving safety-sensitive duties for the illegal use of drugs and for
 on-duty impairment by alcohol; and
 (2) remove such persons who test positive for illegal use of drugs and on-duty
 impairment by alcohol pursuant to paragraph (1) from safety-sensitive duties
 in implementing subsection (c).
SEC. 105. POSTING NOTICES.
 Every employer, employment agency, labor organization, or joint
 labor-management committee covered under this title shall post notices in
 an accessible format to applicants, employees, and members describing the
 applicable provisions of this Act, in the manner prescribed by section 711
 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10).
SEC. 106. REGULATIONS.
 Not later than 1 year after the date of enactment of this Act, the Commission
 shall issue regulations in an accessible format to carry out this title in
 accordance with subchapter II of chapter 5 of title 5, United States Code.
SEC. 107. ENFORCEMENT.
 (a) POWERS, REMEDIES, AND PROCEDURES- The powers, remedies, and procedures
 set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act
 of 1964 (42 U.S.C. 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be
 the powers, remedies, and procedures this title provides to the Commission,
 to the Attorney General, or to any person alleging discrimination on the
 basis of disability in violation of any provision of this Act, or regulations
 promulgated under section 106, concerning employment.
 (b) COORDINATION- The agencies with enforcement authority for actions which
 allege employment discrimination under this title and under the Rehabilitation
 Act of 1973 shall develop procedures to ensure that administrative complaints
 filed under this title and under the Rehabilitation Act of 1973 are dealt
 with in a manner that avoids duplication of effort and prevents imposition
 of inconsistent or conflicting standards for the same requirements under
 this title and the Rehabilitation Act of 1973. The Commission, the Attorney
 General, and the Office of Federal Contract Compliance Programs shall
 establish such coordinating mechanisms (similar to provisions contained
 in the joint regulations promulgated by the Commission and the Attorney
 General at part 42 of title 28 and part 1691 of title 29, Code of Federal
 Regulations, and the Memorandum of Understanding between the Commission
 and the Office of Federal Contract Compliance Programs dated January 16,
 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing
 this title and Rehabilitation Act of 1973 not later than 18 months after
 the date of enactment of this Act.
SEC. 108. EFFECTIVE DATE.
 This title shall become effective 24 months after the date of enactment.
TITLE II--PUBLIC SERVICES
Subtitle A--Prohibition Against Discrimination and Other Generally Applicable
Provisions
SEC. 201. DEFINITION.
 As used in this title:
 (1) PUBLIC ENTITY- The term `public entity' means--
 (A) any State or local government;
 (B) any department, agency, special purpose district, or other instrumentality
 of a State or States or local government; and
 (C) the National Railroad Passenger Corporation, and any commuter authority
 (as defined in section 103(8) of the Rail Passenger Service Act).
 (2) QUALIFIED INDIVIDUAL WITH A DISABILITY- The term `qualified individual
 with a disability' means an individual with a disability who, with or without
 reasonable modifications to rules, policies, or practices, the removal of
 architectural, communication, or transportation barriers, or the provision
 of auxiliary aids and services, meets the essential eligibility requirements
 for the receipt of services or the participation in programs or activities
 provided by a public entity.
SEC. 202. DISCRIMINATION.
 Subject to the provisions of this title, no qualified individual with a
 disability shall, by reason of such disability, be excluded from participation
 in or be denied the benefits of the services, programs, or activities of
 a public entity, or be subjected to discrimination by any such entity.
SEC. 203. ENFORCEMENT.
 The remedies, procedures, and rights set forth in section 505 of the
 Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be the remedies, procedures,
 and rights this title provides to any person alleging discrimination on
 the basis of disability in violation of section 202.
SEC. 204. REGULATIONS.
 (a) IN GENERAL- Not later than 1 year after the date of enactment of this
 Act, the Attorney General shall promulgate regulations in an accessible
 format that implement this subtitle. Such regulations shall not include any
 matter within the scope of the authority of the Secretary of Transportation
 under section 223, 229, or 244.
 (b) RELATIONSHIP TO OTHER REGULATIONS- Except for `program accessibility,
 existing facilities', and `communications', regulations under subsection
 (a) shall be consistent with this Act and with the coordination regulations
 under part 41 of title 28, Code of Federal Regulations (as promulgated by
 the Department of Health, Education, and Welfare on January 13, 1978),
 applicable to recipients of Federal financial assistance under section
 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). With respect to
 `program accessibility, existing facilities', and `communications', such
 regulations shall be consistent with regulations and analysis as in part
 39 of title 28 of the Code of Federal Regulations, applicable to federally
 conducted activities under such section 504.
 (c) STANDARDS- Regulations under subsection (a) shall include standards
 applicable to facilities and vehicles covered by this subtitle, other
 than facilities, stations, rail passenger cars, and vehicles covered by
 subtitle B. Such standards shall be consistent with the minimum guidelines
 and requirements issued by the Architectural and Transportation Barriers
 Compliance Board in accordance with section 504(a) of this Act.
SEC. 205. EFFECTIVE DATE.
 (a) GENERAL RULE- Except as provided in subsection (b), this subtitle shall
 become effective 18 months after the date of enactment of this Act.
 (b) EXCEPTION- Section 204 shall become effective on the date of enactment
 of this Act.
Subtitle B--Actions Applicable to Public Transportation Provided by Public
Entities Considered Discriminatory
PART I--PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS
SEC. 221. DEFINITIONS.
 As used in this part:
 (1) DEMAND RESPONSIVE SYSTEM- The term `demand responsive system' means any
 system of providing designated public transportation which is not a fixed
 route system.
 (2) DESIGNATED PUBLIC TRANSPORTATION- The term `designated public
 transportation' means transportation (other than public school transportation)
 by bus, rail, or any other conveyance (other than transportation by aircraft
 or intercity or commuter rail transportation (as defined in section 241))
 that provides the general public with general or special service (including
 charter service) on a regular and continuing basis.
 (3) FIXED ROUTE SYSTEM- The term `fixed route system' means a system of
 providing designated public transportation on which a vehicle is operated
 along a prescribed route according to a fixed schedule.
 (4) OPERATES- The term `operates', as used with respect to a fixed route
 system or demand responsive system, includes operation of such system by
 a person under a contractual or other arrangement or relationship with a
 public entity.
 (5) PUBLIC SCHOOL TRANSPORTATION- The term `public school transportation'
 means transportation by schoolbus vehicles of schoolchildren, personnel,
 and equipment to and from a public elementary or secondary school and
 school-related activities.
 (6) SECRETARY- The term `Secretary' means the Secretary of Transportation.
SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS.
 (a) PURCHASE AND LEASE OF NEW VEHICLES- It shall be considered discrimination
 for purposes of section 202 of this Act and section 504 of the Rehabilitation
 Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed
 route system to purchase or lease a new bus, a new rapid rail vehicle,
 a new light rail vehicle, or any other new vehicle to be used on such
 system, if the solicitation for such purchase or lease is made after the
 30th day following the effective date of this subsection and if such bus,
 rail vehicle, or other vehicle is not readily accessible to and usable by
 individuals with disabilities, including individuals who use wheelchairs.
 (b) PURCHASE AND LEASE OF USED VEHICLES- Subject to subsection (c)(1),
 it shall be considered discrimination for purposes of section 202 of this
 Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for
 a public entity which operates a fixed route system to purchase or lease,
 after the 30th day following the effective date of this subsection, a used
 vehicle for use on such system unless such entity makes demonstrated good
 faith efforts to purchase or lease a used vehicle for use on such system
 that is readily accessible to and usable by individuals with disabilities,
 including individuals who use wheelchairs.
 (c) REMANUFACTURED VEHICLES-
 (1) GENERAL RULE- Except as provided in paragraph (2), it shall be considered
 discrimination for purposes of section 202 of this Act and section 504 of
 the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which
 operates a fixed route system--
 (A) to remanufacture a vehicle for use on such system so as to extend its
 usable life for 5 years or more, which remanufacture begins (or for which
 the solicitation is made) after the 30th day following the effective date
 of this subsection; or
 (B) to purchase or lease for use on such system a remanufactured vehicle
 which has been remanufactured so as to extend its usable life for 5 years
 or more, which purchase or lease occurs after such 30th day and during the
 period in which the usable life is extended;
unless, after remanufacture, the vehicle is, to the maximum extent feasible,
readily accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs.
 (2) EXCEPTION FOR HISTORIC VEHICLES-
 (A) GENERAL RULE- If a public entity operates a fixed route system any
 segment of which is included on the National Register of Historic Places
 and if making a vehicle of historic character to be used solely on such
 segment readily accessible to and usable by individuals with disabilities
 would significantly alter the historic character of such vehicle, the public
 entity only has to make (or to purchase or lease a remanufactured vehicle
 with) those modifications which are necessary to meet the requirements of
 paragraph (1) and which do not significantly alter the historic character
 of such vehicle.
 (B) VEHICLES OF HISTORIC CHARACTER DEFINED BY REGULATIONS- For purposes of
 this paragraph and section 228(b), a vehicle of historic character shall
 be defined by the regulations issued by the Secretary to carry out this
 subsection.
SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE.
 (a) GENERAL RULE- It shall be considered discrimination for purposes of
 section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a public entity which operates a fixed route system
 (other than a system which provides solely commuter bus service) to fail
 to provide with respect to the operations of its fixed route system, in
 accordance with this section, paratransit and other special transportation
 services to individuals with disabilities, including individuals who use
 wheelchairs, that are sufficient to provide to such individuals a level
 of service (1) which is comparable to the level of designated public
 transportation services provided to individuals without disabilities using
 such system; or (2) in the case of response time, which is comparable, to
 the extent practicable, to the level of designated public transportation
 services provided to individuals without disabilities using such system.
 (b) ISSUANCE OF REGULATIONS- Not later than 1 year after the effective date
 of this subsection, the Secretary shall issue final regulations to carry
 out this section.
 (c) REQUIRED CONTENTS OF REGULATIONS-
 (1) ELIGIBLE RECIPIENTS OF SERVICE- The regulations issued under this section
 shall require each public entity which operates a fixed route system to
 provide the paratransit and other special transportation services required
 under this section--
 (A)(i) to any individual with a disability who is unable, as a result of a
 physical or mental impairment (including a vision impairment) and without
 the assistance of another individual (except an operator of a wheelchair
 lift or other boarding assistance device), to board, ride, or disembark
 from any vehicle on the system which is readily accessible to and usable
 by individuals with disabilities;
 (ii) to any individual with a disability who needs the assistance of a
 wheelchair lift or other boarding assistance device (and is able with such
 assistance) to board, ride, and disembark from any vehicle which is readily
 accessible to and usable by individuals with disabilities if the individual
 wants to travel on a route on the system during the hours of operation of
 the system at a time (or within a reasonable period of such time) when such
 a vehicle is not being used to provide designated public transportation on
 the route; and
 (iii) to any individual with a disability who has a specific
 impairment-related condition which prevents such individual from traveling
 to a boarding location or from a disembarking location on such system;
 (B) to one other individual accompanying the individual with the disability;
 and
 (C) to other individuals, in addition to the one individual described in
 subparagraph (B), accompanying the individual with a disability provided
 that space for these additional individuals is available on the paratransit
 vehicle carrying the individual with a disability and that the transportation
 of such additional individuals will not result in a denial of service to
 individuals with disabilities.
For purposes of clauses (i) and (ii) of subparagraph (A), boarding or
disembarking from a vehicle does not include travel to the boarding location
or from the disembarking location.
 (2) SERVICE AREA- The regulations issued under this section shall require
 the provision of paratransit and special transportation services required
 under this section in the service area of each public entity which operates
 a fixed route system, other than any portion of the service area in which
 the public entity solely provides commuter bus service.
 (3) SERVICE CRITERIA- Subject to paragraphs (1) and (2), the regulations
 issued under this section shall establish minimum service criteria for
 determining the level of services to be required under this section.
 (4) UNDUE FINANCIAL BURDEN LIMITATION- The regulations issued under this
 section shall provide that, if the public entity is able to demonstrate to
 the satisfaction of the Secretary that the provision of paratransit and other
 special transportation services otherwise required under this section would
 impose an undue financial burden on the public entity, the public entity,
 notwithstanding any other provision of this section (other than paragraph
 (5)), shall only be required to provide such services to the extent that
 providing such services would not impose such a burden.
 (5) ADDITIONAL SERVICES- The regulations issued under this section shall
 establish circumstances under which the Secretary may require a public entity
 to provide, notwithstanding paragraph (4), paratransit and other special
 transportation services under this section beyond the level of paratransit
 and other special transportation services which would otherwise be required
 under paragraph (4).
 (6) PUBLIC PARTICIPATION- The regulations issued under this section shall
 require that each public entity which operates a fixed route system hold
 a public hearing, provide an opportunity for public comment, and consult
 with individuals with disabilities in preparing its plan under paragraph (7).
 (7) PLANS- The regulations issued under this section shall require that
 each public entity which operates a fixed route system--
 (A) within 18 months after the effective date of this subsection, submit
 to the Secretary, and commence implementation of, a plan for providing
 paratransit and other special transportation services which meets the
 requirements of this section; and
 (B) on an annual basis thereafter, submit to the Secretary, and commence
 implementation of, a plan for providing such services.
 (8) PROVISION OF SERVICES BY OTHERS- The regulations issued under this
 section shall--
 (A) require that a public entity submitting a plan to the Secretary
 under this section identify in the plan any person or other public entity
 which is providing a paratransit or other special transportation service
 for individuals with disabilities in the service area to which the plan
 applies; and
 (B) provide that the public entity submitting the plan does not have to
 provide under the plan such service for individuals with disabilities.
 (9) OTHER PROVISIONS- The regulations issued under this section shall
 include such other provisions and requirements as the Secretary determines
 are necessary to carry out the objectives of this section.
 (d) REVIEW OF PLAN-
 (1) GENERAL RULE- The Secretary shall review a plan submitted under this
 section for the purpose of determining whether or not such plan meets
 the requirements of this section, including the regulations issued under
 this section.
 (2) DISAPPROVAL- If the Secretary determines that a plan reviewed under this
 subsection fails to meet the requirements of this section, the Secretary
 shall disapprove the plan and notify the public entity which submitted the
 plan of such disapproval and the reasons therefor.
 (3) MODIFICATION OF DISAPPROVED PLAN- Not later than 90 days after the date
 of disapproval of a plan under this subsection, the public entity which
 submitted the plan shall modify the plan to meet the requirements of this
 section and shall submit to the Secretary, and commence implementation of,
 such modified plan.
 (e) DISCRIMINATION DEFINED- As used in subsection (a), the term
 `discrimination' includes--
 (1) a failure of a public entity to which the regulations issued under this
 section apply to submit, or commence implementation of, a plan in accordance
 with subsections (c)(6) and (c)(7);
 (2) a failure of such entity to submit, or commence implementation of,
 a modified plan in accordance with subsection (d)(3);
 (3) submission to the Secretary of a modified plan under subsection (d)(3)
 which does not meet the requirements of this section; or
 (4) a failure of such entity to provide paratransit or other special
 transportation services in accordance with the plan or modified plan the
 public entity submitted to the Secretary under this section.
 (f) STATUTORY CONSTRUCTION- Nothing in this section shall be construed as
 preventing a public entity--
 (1) from providing paratransit or other special transportation services at
 a level which is greater than the level of such services which are required
 by this section,
 (2) from providing paratransit or other special transportation services in
 addition to those paratransit and special transportation services required
 by this section, or
 (3) from providing such services to individuals in addition to those
 individuals to whom such services are required to be provided by this section.
SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM.
 If a public entity operates a demand responsive system, it shall be considered
 discrimination, for purposes of section 202 of this Act and section 504 of
 the Rehabilitation Act of 1973 (29 U.S.C. 794), for such entity to purchase
 or lease a new vehicle for use on such system, for which a solicitation is
 made after the 30th day following the effective date of this section, that
 is not readily accessible to and usable by individuals with disabilities,
 including individuals who use wheelchairs, unless such system, when viewed in
 its entirety, provides a level of service to such individuals equivalent to
 the level of service such system provides to individuals without disabilities.
SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE.
 (a) GRANTING- With respect to the purchase of new buses, a public entity
 may apply for, and the Secretary may temporarily relieve such public entity
 from the obligation under section 222(a) or 224 to purchase new buses that
 are readily accessible to and usable by individuals with disabilities if
 such public entity demonstrates to the satisfaction of the Secretary--
 (1) that the initial solicitation for new buses made by the public entity
 specified that all new buses were to be lift-equipped and were to be
 otherwise accessible to and usable by individuals with disabilities;
 (2) the unavailability from any qualified manufacturer of hydraulic,
 electromechanical, or other lifts for such new buses;
 (3) that the public entity seeking temporary relief has made good
 faith efforts to locate a qualified manufacturer to supply the lifts to
 the manufacturer of such buses in sufficient time to comply with such
 solicitation; and
 (4) that any further delay in purchasing new buses necessary to obtain such
 lifts would significantly impair transportation services in the community
 served by the public entity.
 (b) DURATION AND NOTICE TO CONGRESS- Any relief granted under subsection
 (a) shall be limited in duration by a specified date, and the appropriate
 committees of Congress shall be notified of any such relief granted.
 (c) FRAUDULENT APPLICATION- If, at any time, the Secretary has reasonable
 cause to believe that any relief granted under subsection (a) was fraudulently
 applied for, the Secretary shall--
 (1) cancel such relief if such relief is still in effect; and
 (2) take such other action as the Secretary considers appropriate.
SEC. 226. NEW FACILITIES.
 For purposes of section 202 of this Act and section 504 of the Rehabilitation
 Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a
 public entity to construct a new facility to be used in the provision of
 designated public transportation services unless such facility is readily
 accessible to and usable by individuals with disabilities, including
 individuals who use wheelchairs.
SEC. 227. ALTERATIONS OF EXISTING FACILITIES.
 (a) GENERAL RULE- With respect to alterations of an existing facility or part
 thereof used in the provision of designated public transportation services
 that affect or could affect the usability of the facility or part thereof,
 it shall be considered discrimination, for purposes of section 202 of this
 Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
 for a public entity to fail to make such alterations (or to ensure that the
 alterations are made) in such a manner that, to the maximum extent feasible,
 the altered portions of the facility are readily accessible to and usable by
 individuals with disabilities, including individuals who use wheelchairs, upon
 the completion of such alterations. Where the public entity is undertaking an
 alteration that affects or could affect usability of or access to an area of
 the facility containing a primary function, the entity shall also make the
 alterations in such a manner that, to the maximum extent feasible, the path
 of travel to the altered area and the bathrooms, telephones, and drinking
 fountains serving the altered area, are readily accessible to and usable by
 individuals with disabilities, including individuals who use wheelchairs, upon
 completion of such alterations, where such alterations to the path of travel
 or the bathrooms, telephones, and drinking fountains serving the altered
 area are not disproportionate to the overall alterations in terms of cost
 and scope (as determined under criteria established by the Attorney General).
 (b) Special Rule for Stations-
 (1) GENERAL RULE- For purposes of section 202 of this Act and section
 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be
 considered discrimination for a public entity that provides designated
 public transportation to fail, in accordance with the provisions of
 this subsection, to make key stations (as determined under criteria
 established by the Secretary by regulation) in rapid rail and light rail
 systems readily accessible to and usable by individuals with disabilities,
 including individuals who use wheelchairs.
 (2) Rapid rail and light rail key stations-
 (A) ACCESSIBILITY- Except as otherwise provided in this paragraph, all
 key stations (as determined under criteria established by the Secretary
 by regulation) in rapid rail and light rail systems shall be made readily
 accessible to and usable by individuals with disabilities, including
 individuals who use wheelchairs, as soon as practicable but in no event
 later than the last day of the 3-year period beginning on the effective
 date of this paragraph.
 (B) EXTENSION FOR EXTRAORDINARILY EXPENSIVE STRUCTURAL CHANGES- The Secretary
 may extend the 3-year period under subparagraph (A) up to a 30-year period
 for key stations in a rapid rail or light rail system which stations need
 extraordinarily expensive structural changes to, or replacement of, existing
 facilities; except that by the last day of the 20th year following the date
 of the enactment of this Act at least  2/3  of such key stations must be
 readily accessible to and usable by individuals with disabilities.
 (3) PLANS AND MILESTONES- The Secretary shall require the appropriate public
 entity to develop and submit to the Secretary a plan for compliance with
 this subsection--
 (A) that reflects consultation with individuals with disabilities affected
 by such plan and the results of a public hearing and public comments on
 such plan, and
 (B) that establishes milestones for achievement of the requirements of
 this subsection.
SEC. 228. PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXISTING FACILITIES
AND ONE CAR PER TRAIN RULE.
 (a) PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXISTING FACILITIES-
 (1) IN GENERAL- With respect to existing facilities used in the provision
 of designated public transportation services, it shall be considered
 discrimination, for purposes of section 202 of this Act and section 504 of
 the Rehabilitation Act of 1973 (29 U.S.C. 794), for a public entity to fail
 to operate a designated public transportation program or activity conducted
 in such facilities so that, when viewed in the entirety, the program or
 activity is readily accessible to and usable by individuals with disabilities.
 (2) EXCEPTION- Paragraph (1) shall not require a public entity to make
 structural changes to existing facilities in order to make such facilities
 accessible to individuals who use wheelchairs, unless and to the extent
 required by section 227(a) (relating to alterations) or section 227(b)
 (relating to key stations).
 (3) UTILIZATION- Paragraph (1) shall not require a public entity to which
 paragraph (2) applies, to provide to individuals who use wheelchairs services
 made available to the general public at such facilities when such individuals
 could not utilize or benefit from such services provided at such facilities.
 (b) ONE CAR PER TRAIN RULE-
 (1) GENERAL RULE- Subject to paragraph (2), with respect to 2 or more
 vehicles operated as a train by a light or rapid rail system, for purposes
 of section 202 of this Act and section 504 of the Rehabilitation Act of
 1973 (29 U.S.C. 794), it shall be considered discrimination for a public
 entity to fail to have at least 1 vehicle per train that is accessible to
 individuals with disabilities, including individuals who use wheelchairs,
 as soon as practicable but in no event later than the last day of the 5-year
 period beginning on the effective date of this section.
 (2) HISTORIC TRAINS- In order to comply with paragraph (1) with respect to
 the remanufacture of a vehicle of historic character which is to be used on
 a segment of a light or rapid rail system which is included on the National
 Register of Historic Places, if making such vehicle readily accessible to
 and usable by individuals with disabilities would significantly alter the
 historic character of such vehicle, the public entity which operates such
 system only has to make (or to purchase or lease a remanufactured vehicle
 with) those modifications which are necessary to meet the requirements
 of section 222(c)(1) and which do not significantly alter the historic
 character of such vehicle.
SEC. 229. REGULATIONS.
 (a) IN GENERAL- Not later than 1 year after the date of enactment of this Act,
 the Secretary of Transportation shall issue regulations, in an accessible
 format, necessary for carrying out this part (other than section 223).
 (b) STANDARDS- The regulations issued under this section and section 223
 shall include standards applicable to facilities and vehicles covered by
 this subtitle. The standards shall be consistent with the minimum guidelines
 and requirements issued by the Architectural and Transportation Barriers
 Compliance Board in accordance with section 504 of this Act.
SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS.
 If final regulations have not been issued pursuant to section 229, for
 new construction or alterations for which a valid and appropriate State or
 local building permit is obtained prior to the issuance of final regulations
 under such section, and for which the construction or alteration authorized
 by such permit begins within one year of the receipt of such permit and
 is completed under the terms of such permit, compliance with the Uniform
 Federal Accessibility Standards in effect at the time the building permit
 is issued shall suffice to satisfy the requirement that facilities be
 readily accessible to and usable by persons with disabilities as required
 under sections 226 and 227, except that, if such final regulations have not
 been issued one year after the Architectural and Transportation Barriers
 Compliance Board has issued the supplemental minimum guidelines required
 under section 504(a) of this Act, compliance with such supplemental minimum
 guidelines shall be necessary to satisfy the requirement that facilities
 be readily accessible to and usable by persons with disabilities prior to
 issuance of the final regulations.
SEC. 231. EFFECTIVE DATE.
 (a) GENERAL RULE- Except as provided in subsection (b), this part shall
 become effective 18 months after the date of enactment of this Act.
 (b) EXCEPTION- Sections 222, 223 (other than subsection (a)), 224, 225,
 227(b), 228(b), and 229 shall become effective on the date of enactment of
 this Act.
PART II--PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL
SEC. 241. DEFINITIONS.
 As used in this part:
 (1) COMMUTER AUTHORITY- The term `commuter authority' has the meaning
 given such term in section 103(8) of the Rail Passenger Service Act (45
 U.S.C. 502(8)).
 (2) COMMUTER RAIL TRANSPORTATION- The term `commuter rail transportation'
 has the meaning given the term `commuter service' in section 103(9) of the
 Rail Passenger Service Act (45 U.S.C. 502(9)).
 (3) INTERCITY RAIL TRANSPORTATION- The term `intercity rail transportation'
 means transportation provided by the National Railroad Passenger Corporation.
 (4) RAIL PASSENGER CAR- The term `rail passenger car' means, with respect
 to intercity rail transportation, single-level and bi-level coach cars,
 single-level and bi-level dining cars, single-level and bi-level sleeping
 cars, single-level and bi-level lounge cars, and food service cars.
 (5) RESPONSIBLE PERSON- The term `responsible person' means--
 (A) in the case of a station more than 50 percent of which is owned by a
 public entity, such public entity;
 (B) in the case of a station more than 50 percent of which is owned by a
 private party, the persons providing intercity or commuter rail transportation
 to such station, as allocated on an equitable basis by regulation by the
 Secretary of Transportation; and
 (C) in a case where no party owns more than 50 percent of a station, the
 persons providing intercity or commuter rail transportation to such station
 and the owners of the station, other than private party owners, as allocated
 on an equitable basis by regulation by the Secretary of Transportation.
 (6) STATION- The term `station' means the portion of a property located
 appurtenant to a right-of-way on which intercity or commuter rail
 transportation is operated, where such portion is used by the general
 public and is related to the provision of such transportation, including
 passenger platforms, designated waiting areas, ticketing areas, restrooms,
 and, where a public entity providing rail transportation owns the property,
 concession areas, to the extent that such public entity exercises control
 over the selection, design, construction, or alteration of the property,
 but such term does not include flag stops.
SEC. 242. INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED DISCRIMINATORY.
 (a) INTERCITY RAIL TRANSPORTATION-
 (1) ONE CAR PER TRAIN RULE- It shall be considered discrimination for purposes
 of section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a person who provides intercity rail transportation to
 fail to have at least one passenger car per train that is readily accessible
 to and usable by individuals with disabilities, including individuals who
 use wheelchairs, in accordance with regulations issued under section 244,
 as soon as practicable, but in no event later than 5 years after the date
 of enactment of this Act.
 (2) NEW INTERCITY CARS-
 (A) GENERAL RULE- Except as otherwise provided in this subsection with respect
 to individuals who use wheelchairs, it shall be considered discrimination for
 purposes of section 202 of this Act and section 504 of the Rehabilitation
 Act of 1973 (29 U.S.C. 794) for a person to purchase or lease any new rail
 passenger cars for use in intercity rail transportation, and for which a
 solicitation is made later than 30 days after the effective date of this
 section, unless all such rail cars are readily accessible to and usable by
 individuals with disabilities, including individuals who use wheelchairs,
 as prescribed by the Secretary of Transportation in regulations issued
 under section 244.
 (B) SPECIAL RULE FOR SINGLE-LEVEL PASSENGER COACHES FOR INDIVIDUALS WHO
 USE WHEELCHAIRS- Single-level passenger coaches shall be required to--
 (i) be able to be entered by an  individual who uses a wheelchair;
 (ii) have space to park and secure a wheelchair;
 (iii) have a seat to which a passenger in a wheelchair can transfer, and
 a space to fold and store such passenger's wheelchair; and
 (iv) have a restroom usable by an individual who uses a wheelchair,
only to the extent provided in paragraph (3).
 (C) SPECIAL RULE FOR SINGLE-LEVEL DINING CARS FOR INDIVIDUALS WHO USE
 WHEELCHAIRS- Single-level dining cars shall not be required to--
 (i) be able to be entered from the station platform by an individual who
 uses a wheelchair; or
 (ii) have a restroom usable by an individual who uses a wheelchair if no
 restroom is provided in such car for any passenger.
 (D) SPECIAL RULE FOR BI-LEVEL DINING CARS FOR INDIVIDUALS WHO USE WHEELCHAIRS-
 Bi-level dining cars shall not be required to--
 (i) be able to be entered by an  individual who uses a wheelchair;
 (ii) have space to park and secure a wheelchair;
 (iii) have a seat to which a passenger in a wheelchair can transfer, or a
 space to fold and store such passenger's wheelchair; or
 (iv) have a restroom usable by an individual who uses a wheelchair.
 (3) ACCESSIBILITY OF SINGLE-LEVEL COACHES-
 (A) GENERAL RULE- It shall be considered discrimination for purposes of
 section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a person who provides intercity rail transportation
 to fail to have on each train which includes one or more single-level rail
 passenger coaches--
 (i) a number of spaces--
 (I) to park and secure wheelchairs (to accommodate individuals who wish to
 remain in their wheelchairs) equal to not less than one-half of the number
 of single-level rail passenger coaches in such train; and
 (II) to fold and store wheelchairs (to accommodate individuals who wish to
 transfer to coach seats) equal to not less than one-half of the number of
 single-level rail passenger coaches in such train,
as soon as practicable, but in no event later than 5 years after the date
of enactment of this Act; and
 (ii) a number of spaces--
 (I) to park and secure wheelchairs (to accommodate individuals who wish
 to remain in their wheelchairs) equal to not less than the total number of
 single-level rail passenger coaches in such train; and
 (II) to fold and store wheelchairs (to accommodate individuals who wish
 to transfer to coach seats) equal to not less than the total number of
 single-level rail passenger coaches in such train,
as soon as practicable, but in no event later than 10 years after the date
of enactment of this Act.
 (B) LOCATION- Spaces required by subparagraph (A) shall be located in
 single-level rail passenger coaches or food service cars.
 (C) LIMITATION- Of the number of spaces required on a train by subparagraph
 (A), not more than two spaces to park and secure wheelchairs nor more than
 two spaces to fold and store wheelchairs shall be located in any one coach
 or food service car.
 (D) OTHER ACCESSIBILITY FEATURES- Single-level rail passenger coaches and
 food service cars on which the spaces required by subparagraph (A) are
 located shall have a restroom usable by an individual who uses a wheelchair
 and shall be able to be entered from the station platform by an individual
 who uses a wheelchair.
 (4) FOOD SERVICE-
 (A) SINGLE-LEVEL DINING CARS- On any train in which a single-level dining
 car is used to provide food service--
 (i) if such single-level dining car was purchased after the date of enactment
 of this Act, table service in such car shall be provided to a passenger
 who uses a wheelchair if--
 (I) the car adjacent to the end of the dining car through which a wheelchair
 may enter is itself accessible to a wheelchair;
 (II) such passenger can exit to the platform from the car such passenger
 occupies, move down the platform, and enter the adjacent accessible car
 described in subclause (I) without the necessity of the train being moved
 within the station; and
 (III) space to park and secure a wheelchair is available in the dining car
 at the time such passenger wishes to eat (if such passenger wishes to remain
 in a wheelchair), or space to store and fold a wheelchair is available in
 the dining car at the time such passenger wishes to eat (if such passenger
 wishes to transfer to a dining car seat); and
 (ii) appropriate auxiliary aids and services, including a hard surface on
 which to eat, shall be provided to ensure that other equivalent food service
 is available to individuals with disabilities, including individuals who
 use wheelchairs, and to passengers traveling with such individuals.
Unless not practicable, a person providing intercity rail transportation
shall place an accessible car adjacent to the end of a dining car described
in clause (i) through which an individual who uses a wheelchair may enter.
 (B) BI-LEVEL DINING CARS- On any train in which a bi-level dining car is
 used to provide food service--
 (i) if such train includes a bi-level lounge car purchased after the date
 of enactment of this Act, table service in such lounge car shall be provided
 to individuals who use wheelchairs and to other passengers; and
 (ii) appropriate auxiliary aids and services, including a hard surface on
 which to eat, shall be provided to ensure that other equivalent food service
 is available to individuals with disabilities, including individuals who
 use wheelchairs, and to passengers traveling with such individuals.
 (b) COMMUTER RAIL TRANSPORTATION-
 (1) ONE CAR PER TRAIN RULE- It shall be considered discrimination for purposes
 of section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a person who provides commuter rail transportation to
 fail to have at least one passenger car per train that is readily accessible
 to and usable by individuals with disabilities, including individuals who
 use wheelchairs, in accordance with regulations issued under section 244,
 as soon as practicable, but in no event later than 5 years after the date
 of enactment of this Act.
 (2) NEW COMMUTER RAIL CARS-
 (A) GENERAL RULE- It shall be considered discrimination for purposes of
 section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a person to purchase or lease any new rail passenger
 cars for use in commuter rail transportation, and for which a solicitation
 is made later than 30 days after the effective date of this section, unless
 all such rail cars are readily accessible to and usable by individuals with
 disabilities, including individuals who use wheelchairs, as prescribed by
 the Secretary of Transportation in regulations issued under section 244.
 (B) ACCESSIBILITY- For purposes of section 202 of this Act and section
 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), a requirement that
 a rail passenger car used in commuter rail transportation be accessible
 to or readily accessible to and usable by individuals with disabilities,
 including individuals who use wheelchairs, shall not be construed to require--
 (i) a restroom usable by an individual who uses a wheelchair if no restroom
 is provided in such car for any passenger;
 (ii) space to fold and store a wheelchair; or
 (iii) a seat to which a passenger who uses a wheelchair can transfer.
 (c) USED RAIL CARS- It shall be considered discrimination for purposes of
 section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a person to purchase or lease a used rail passenger car
 for use in intercity or commuter rail transportation, unless such person
 makes demonstrated good faith efforts to purchase or lease a used rail car
 that is readily accessible to and usable by individuals with disabilities,
 including individuals who use wheelchairs, as prescribed by the Secretary
 of Transportation in regulations issued under section 244.
 (d) REMANUFACTURED RAIL CARS-
 (1) REMANUFACTURING- It shall be considered discrimination for purposes of
 section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a person to remanufacture a rail passenger car for use
 in intercity or commuter rail transportation so as to extend its usable life
 for 10 years or more, unless the rail car, to the maximum extent feasible,
 is made readily accessible to and usable by individuals with disabilities,
 including individuals who use wheelchairs, as prescribed by the Secretary
 of Transportation in regulations issued under section 244.
 (2) PURCHASE OR LEASE- It shall be considered discrimination for purposes of
 section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a person to purchase or lease a remanufactured rail
 passenger car for use in intercity or commuter rail transportation unless
 such car was remanufactured in accordance with paragraph (1).
 (e) STATIONS-
 (1) NEW STATIONS- It shall be considered discrimination for purposes of
 section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a person to build a new station for use in intercity or
 commuter rail transportation that is not readily accessible to and usable by
 individuals with disabilities, including individuals who use wheelchairs,
 as prescribed by the Secretary of Transportation in regulations issued
 under section 244.
 (2) EXISTING STATIONS-
 (A) FAILURE TO MAKE READILY ACCESSIBLE-
 (i) GENERAL RULE- It shall be considered discrimination for purposes of
 section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for a responsible person to fail to make existing stations
 in the intercity rail transportation system, and existing key stations in
 commuter rail transportation systems, readily accessible to and usable by
 individuals with disabilities, including individuals who use wheelchairs,
 as prescribed by the Secretary of Transportation in regulations issued
 under section 244.
 (ii) PERIOD FOR COMPLIANCE-
 (I) INTERCITY RAIL- All stations in the intercity rail transportation
 system shall be made readily accessible to and usable by individuals
 with disabilities, including individuals who use wheelchairs, as soon as
 practicable, but in no event later than 20 years after the date of enactment
 of this Act.
 (II) COMMUTER RAIL- Key stations in commuter rail transportation systems shall
 be made readily accessible to and usable by individuals with disabilities,
 including individuals who use wheelchairs, as soon as practicable but in no
 event later than 3 years after the date of enactment of this Act, except that
 the time limit may be extended by the Secretary of Transportation up to 20
 years after the date of enactment of this Act in a case where the raising
 of the entire passenger platform is the only means available of attaining
 accessibility or where other extraordinarily expensive structural changes
 are necessary to attain accessibility.
 (iii) DESIGNATION OF KEY STATIONS- Each commuter authority shall designate
 the key stations in its commuter rail transportation system, in consultation
 with individuals with disabilities and organizations representing such
 individuals, taking into consideration such factors as high ridership and
 whether such station serves as a transfer or feeder station. Before the
 final designation of key stations under this clause, a commuter authority
 shall hold a public hearing.
 (iv) PLANS AND MILESTONES- The Secretary of Transportation shall require the
 appropriate person to develop a plan for carrying out this subparagraph that
 reflects consultation with individuals with disabilities affected by such
 plan and that establishes milestones for achievement of the requirements
 of this subparagraph.
 (B) REQUIREMENT WHEN MAKING ALTERATIONS-
 (i) GENERAL RULE- It shall be considered discrimination, for purposes of
 section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794), with respect to alterations of an existing station or
 part thereof in the intercity or commuter rail transportation systems that
 affect or could affect the usability of the station or part thereof, for the
 responsible person, owner, or person in control of the station to fail to
 make the alterations in such a manner that, to the maximum extent feasible,
 the altered portions of the station are readily accessible to and usable by
 individuals with disabilities, including individuals who use wheelchairs,
 upon completion of such alterations.
 (ii) ALTERATIONS TO A PRIMARY FUNCTION AREA- It shall be considered
 discrimination, for purposes of section 202 of this Act and section 504 of
 the Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to alterations
 that affect or could affect the usability of or access to an area of the
 station containing a primary function, for the responsible person, owner,
 or person in control of the station to fail to make the alterations in such
 a manner that, to the maximum extent feasible, the path of travel to the
 altered area, and the bathrooms, telephones, and drinking fountains serving
 the altered area, are readily accessible to and usable by individuals with
 disabilities, including individuals who use wheelchairs, upon completion
 of such alterations, where such alterations to the path of travel or the
 bathrooms, telephones, and drinking fountains serving the altered area are
 not disproportionate to the overall alterations in terms of cost and scope
 (as determined under criteria established by the Attorney General).
 (C) REQUIRED COOPERATION- It shall be considered discrimination for purposes
 of section 202 of this Act and section 504 of the Rehabilitation Act of 1973
 (29 U.S.C. 794) for an owner, or person in control, of a station governed
 by subparagraph (A) or (B) to fail to provide reasonable cooperation to a
 responsible person with respect to such station in that responsible person's
 efforts to comply with such subparagraph. An owner, or person in control,
 of a station shall be liable to a responsible person for any failure to
 provide reasonable cooperation as required by this subparagraph. Failure
 to receive reasonable cooperation required by this subparagraph shall not
 be a defense to a claim of discrimination under this Act.
SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS.
 Accessibility standards included in regulations issued under this part shall
 be consistent with the minimum guidelines issued by the Architectural and
 Transportation Barriers Compliance Board under section 504(a) of this Act.
SEC. 244. REGULATIONS.
 Not later than 1 year after the date of enactment of this Act, the Secretary
 of Transportation shall issue regulations, in an accessible format, necessary
 for carrying out this part.
SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS.
 (a) STATIONS- If final regulations have not been issued pursuant to section
 244, for new construction or alterations for which a valid and appropriate
 State or local building permit is obtained prior to the issuance of final
 regulations under such section, and for which the construction or alteration
 authorized by such permit begins within one year of the receipt of such
 permit and is completed under the terms of such permit, compliance with the
 Uniform Federal Accessibility Standards in effect at the time the building
 permit is issued shall suffice to satisfy the requirement that stations be
 readily accessible to and usable by persons with disabilities as required
 under section 242(e), except that, if such final regulations have not
 been issued one year after the Architectural and Transportation Barriers
 Compliance Board has issued the supplemental minimum guidelines required
 under section 504(a) of this Act, compliance with such supplemental minimum
 guidelines shall be necessary to satisfy the requirement that stations
 be readily accessible to and usable by persons with disabilities prior to
 issuance of the final regulations.
 (b) RAIL PASSENGER CARS- If final regulations have not been issued pursuant
 to section 244, a person shall be considered to have complied with the
 requirements of section 242 (a) through (d) that a rail passenger car be
 readily accessible to and usable by individuals with disabilities, if the
 design for such car complies with the laws and regulations (including
 the Minimum Guidelines and Requirements for Accessible Design and such
 supplemental minimum guidelines as are issued under section 504(a) of this
 Act) governing accessibility of such cars, to the extent that such laws
 and regulations are not inconsistent with this part and are in effect at
 the time such design is substantially completed.
SEC. 246. EFFECTIVE DATE.
 (a) GENERAL RULE- Except as provided in subsection (b), this part shall
 become effective 18 months after the date of enactment of this Act.
 (b) EXCEPTION- Sections 242 and 244 shall become effective on the date of
 enactment of this Act.
TITLE III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES
SEC. 301. DEFINITIONS.
 As used in this title:
 (1) COMMERCE- The term `commerce' means travel, trade, traffic, commerce,
 transportation, or communication--
 (A) among the several States;
 (B) between any foreign country or any territory or possession and any
 State; or
 (C) between points in the same State but through another State or foreign
 country.
 (2) COMMERCIAL FACILITIES- The term `commercial facilities' means facilities--
 (A) that are intended for nonresidential use; and
 (B) whose operations will affect commerce.
Such term shall not include railroad locomotives, railroad freight cars,
railroad cabooses, railroad cars described in section 242 or covered under this
title, railroad rights-of-way, or facilities that are covered or expressly
exempted from coverage under the Fair Housing Act of 1968 (42 U.S.C. 3601
et seq.).
 (3) DEMAND RESPONSIVE SYSTEM- The term `demand responsive system' means any
 system of providing transportation of individuals by a vehicle, other than
 a system which is a fixed route system.
 (4) FIXED ROUTE SYSTEM- The term `fixed route system' means a system of
 providing transportation of individuals (other than by aircraft) on which
 a vehicle is operated along a prescribed route according to a fixed schedule.
 (5) OVER-THE-ROAD BUS- The term `over-the-road bus' means a bus characterized
 by an elevated passenger deck located over a baggage compartment.
 (6) PRIVATE ENTITY- The term `private entity' means any entity other than
 a public entity (as defined in section 201(1)).
 (7) PUBLIC ACCOMMODATION- The following private entities are considered
 public accommodations for purposes of this title, if the operations of such
 entities affect commerce--
 (A) an inn, hotel, motel, or other place of lodging, except for an
 establishment located within a building that contains not more than five
 rooms for rent or hire and that is actually occupied by the proprietor of
 such establishment as the residence of such proprietor;
 (B) a restaurant, bar, or other establishment serving food or drink;
 (C) a motion picture house, theater, concert hall, stadium, or other place
 of exhibition or entertainment;
 (D) an auditorium, convention center, lecture hall, or other place of
 public gathering;
 (E) a bakery, grocery store, clothing store, hardware store, shopping center,
 or other sales or rental establishment;
 (F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel
 service, shoe repair service, funeral parlor, gas station, office of an
 accountant or lawyer, pharmacy, insurance office, professional office of
 a health care provider, hospital, or other service establishment;
 (G) a terminal, depot, or other station used for specified public
 transportation;
 (H) a museum, library, gallery, or other place of public display or
 collection;
 (I) a park, zoo, amusement park, or other place of recreation;
 (J) a nursery, elementary, secondary, undergraduate, or postgraduate private
 school, or other place of education;
 (K) a day care center, senior citizen center, homeless shelter, food bank,
 adoption agency, or other social service center establishment; and
 (L) a gymnasium, health spa, bowling alley, golf course, or other place of
 exercise or recreation.
 (8) RAIL AND RAILROAD- The terms `rail' and `railroad' have the meaning
 given the term `railroad' in section 202(e) of the Federal Railroad Safety
 Act of 1970 (45 U.S.C. 431(e)).
 (9) READILY ACHIEVABLE- The term `readily achievable' means easily
 accomplishable and able to be carried out without much difficulty or
 expense. In determining whether an action is readily achievable, factors
 to be considered include--
 (A) the nature and cost of the action needed under this Act;
 (B) the overall financial resources of the facility or facilities involved
 in the action; the number of persons employed at such facility; the effect
 on expenses and resources, or the impact otherwise of such action upon the
 operation of the facility;
 (C) the overall financial resources of the covered entity; the overall
 size of the business of a covered entity with respect to the number of its
 employees; the number, type, and location of its facilities; and
 (D) the type of operation or operations of the covered entity, including
 the composition, structure, and functions of the workforce of such entity;
 the geographic separateness, administrative or fiscal relationship of the
 facility or facilities in question to the covered entity.
 (10) SPECIFIED PUBLIC TRANSPORTATION- The term `specified public
 transportation' means transportation by bus, rail, or any other conveyance
 (other than by aircraft) that provides the general public with general or
 special service (including charter service) on a regular and continuing basis.
 (11) VEHICLE- The term `vehicle' does not include a rail passenger car,
 railroad locomotive, railroad freight car, railroad caboose, or a railroad
 car described in section 242 or covered under this title.
SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODATIONS.
 (a) GENERAL RULE- No individual shall be discriminated against on the
 basis of disability in the full and equal enjoyment of the goods, services,
 facilities, privileges, advantages, or accommodations of any place of public
 accommodation by any person who owns, leases (or leases to), or operates
 a place of public accommodation.
 (b) CONSTRUCTION-
 (1) GENERAL PROHIBITION-
 (A) ACTIVITIES-
 (i) DENIAL OF PARTICIPATION- It shall be discriminatory to subject
 an individual or class of individuals on the basis of a disability or
 disabilities of such individual or class, directly, or through contractual,
 licensing, or other arrangements, to a denial of the opportunity of the
 individual or class to participate in or benefit from the goods, services,
 facilities, privileges, advantages, or accommodations of an entity.
 (ii) PARTICIPATION IN UNEQUAL BENEFIT- It shall be discriminatory to afford
 an individual or class of individuals, on the basis of a disability or
 disabilities of such individual or class, directly, or through contractual,
 licensing, or other arrangements with the opportunity to participate in or
 benefit from a good, service, facility, privilege, advantage, or accommodation
 that is not equal to that afforded to other individuals.
 (iii) SEPARATE BENEFIT- It shall be discriminatory to provide an individual
 or class of individuals, on the basis of a disability or disabilities of
 such individual or class, directly, or through contractual, licensing, or
 other arrangements with a good, service, facility, privilege, advantage,
 or accommodation that is different or separate from that provided to other
 individuals, unless such action is necessary to provide the individual or
 class of individuals with a good, service, facility, privilege, advantage,
 or accommodation, or other opportunity that is as effective as that provided
 to others.
 (iv) INDIVIDUAL OR CLASS OF INDIVIDUALS- For purposes of clauses (i) through
 (iii) of this subparagraph, the term `individual or class of individuals'
 refers to the clients or customers of the covered public accommodation that
 enters into the contractual, licensing or other arrangement.
 (B) INTEGRATED SETTINGS- Goods, services, facilities, privileges, advantages,
 and accommodations shall be afforded to an individual with a disability in
 the most integrated setting appropriate to the needs of the individual.
 (C) OPPORTUNITY TO PARTICIPATE- Notwithstanding the existence of separate or
 different programs or activities provided in accordance with this section,
 an individual with a disability shall not be denied the opportunity to
 participate in such programs or activities that are not separate or different.
 (D) ADMINISTRATIVE METHODS- An individual or entity shall not, directly or
 through contractual or other arrangements, utilize standards or criteria
 or methods of administration--
 (i) that have the effect of discriminating on the basis of disability; or
 (ii) that perpetuate the discrimination of others who are subject to common
 administrative control.
 (E) ASSOCIATION- It shall be discriminatory to exclude or otherwise deny
 equal goods, services, facilities, privileges, advantages, accommodations,
 or other opportunities to an individual or entity because of the known
 disability of an individual with whom the individual or entity is known to
 have a relationship or association.
 (2) SPECIFIC PROHIBITIONS-
 (A) DISCRIMINATION- For purposes of subsection (a), discrimination includes--
 (i) the imposition or application of eligibility criteria that screen
 out or tend to screen out an individual with a disability or any class of
 individuals with disabilities from fully and equally enjoying any goods,
 services, facilities, privileges, advantages, or accommodations, unless
 such criteria can be shown to be necessary for the provision of the goods,
 services, facilities, privileges, advantages, or accommodations being offered;
 (ii) a failure to make reasonable modifications in policies, practices,
 or procedures, when such modifications are necessary to afford such
 goods, services, facilities, privileges, advantages, or accommodations
 to individuals with disabilities, unless the entity can demonstrate that
 making such modifications would fundamentally alter the nature of such goods,
 services, facilities, privileges, advantages, or accommodations;
 (iii) a failure to take such steps as may be necessary to ensure that no
 individual with a disability is excluded, denied services, segregated
 or otherwise treated differently than other individuals because of the
 absence of auxiliary aids and services, unless the entity can demonstrate
 that taking such steps would fundamentally alter the nature of the good,
 service, facility, privilege, advantage, or accommodation being offered or
 would result in an undue burden;
 (iv) a failure to remove architectural barriers, and communication barriers
 that are structural in nature, in existing facilities, and transportation
 barriers in existing vehicles and rail passenger cars used by an establishment
 for transporting individuals (not including barriers that can only be
 removed through the retrofitting of vehicles or rail passenger cars by the
 installation of a hydraulic or other lift), where such removal is readily
 achievable; and
 (v) where an entity can demonstrate that the removal of a barrier under clause
 (iv) is not readily achievable, a failure to make such goods, services,
 facilities, privileges, advantages, or accommodations available through
 alternative methods if such methods are readily achievable.
 (B) FIXED ROUTE SYSTEM-
 (i) ACCESSIBILITY- It shall be considered discrimination for a private
 entity which operates a fixed route system and which is not subject to
 section 304 to purchase or lease a vehicle with a seating capacity in
 excess of 16 passengers (including the driver) for use on such system,
 for which a solicitation is made after the 30th day following the effective
 date of this subparagraph, that is not readily accessible to and usable by
 individuals with disabilities, including individuals who use wheelchairs.
 (ii) EQUIVALENT SERVICE- If a private entity which operates a fixed route
 system and which is not subject to section 304 purchases or leases a vehicle
 with a seating capacity of 16 passengers or less (including the driver)
 for use on such system after the effective date of this subparagraph that
 is not readily accessible to or usable by individuals with disabilities,
 it shall be considered discrimination for such entity to fail to operate
 such system so that, when viewed in its entirety, such system ensures a
 level of service to individuals with disabilities, including individuals who
 use wheelchairs, equivalent to the level of service provided to individuals
 without disabilities.
 (C) DEMAND RESPONSIVE SYSTEM- For purposes of subsection (a), discrimination
 includes--
 (i) a failure of a private entity which operates a demand responsive system
 and which is not subject to section 304 to operate such system so that, when
 viewed in its entirety, such system ensures a level of service to individuals
 with disabilities, including individuals who use wheelchairs, equivalent
 to the level of service provided to individuals without disabilities; and
 (ii) the purchase or lease by such entity for use on such system of a vehicle
 with a seating capacity in excess of 16 passengers (including the driver),
 for which solicitations are made after the 30th day following the effective
 date of this subparagraph, that is not readily accessible to and usable by
 individuals with disabilities (including individuals who use wheelchairs)
 unless such entity can demonstrate that such system, when viewed in its
 entirety, provides a level of service to individuals with disabilities
 equivalent to that provided to individuals without disabilities.
 (D) OVER-THE-ROAD BUSES-
 (i) LIMITATION ON APPLICABILITY- Subparagraphs (B) and (C) do not apply to
 over-the-road buses.
 (ii) ACCESSIBILITY REQUIREMENTS- For purposes of subsection (a),
 discrimination includes (I) the purchase or lease of an over-the-road bus
 which does not comply with the regulations issued under section 306(a)(2)
 by a private entity which provides transportation of individuals and which
 is not primarily engaged in the business of transporting people, and (II)
 any other failure of such entity to comply with such regulations.
 (3) SPECIFIC CONSTRUCTION- Nothing in this title shall require an entity to
 permit an individual to participate in or benefit from the goods, services,
 facilities, privileges, advantages and accommodations of such entity where
 such individual poses a direct threat to the health or safety of others. The
 term `direct threat' means a significant risk to the health or safety of
 others that cannot be eliminated by a modification of policies, practices,
 or procedures or by the provision of auxiliary aids or services.
SEC. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC ACCOMMODATIONS AND
COMMERCIAL FACILITIES.
 (a) APPLICATION OF TERM- Except as provided in subsection (b), as applied
 to public accommodations and commercial facilities, discrimination for
 purposes of section 302(a) includes--
 (1) a failure to design and construct facilities for first occupancy later
 than 30 months after the date of enactment of this Act that are readily
 accessible to and usable by individuals with disabilities, except where an
 entity can demonstrate that it is structurally impracticable to meet the
 requirements of such subsection in accordance with standards set forth or
 incorporated by reference in regulations issued under this title; and
 (2) with respect to a facility or part thereof that is altered by, on behalf
 of, or for the use of an establishment in a manner that affects or could
 affect the usability of the facility or part thereof, a failure to make
 alterations in such a manner that, to the maximum extent feasible, the altered
 portions of the facility are readily accessible to and usable by individuals
 with disabilities, including individuals who use wheelchairs. Where the
 entity is undertaking an alteration that affects or could affect usability
 of or access to an area of the facility containing a primary function,
 the entity shall also make the alterations in such a manner that, to the
 maximum extent feasible, the path of travel to the altered area and the
 bathrooms, telephones, and drinking fountains serving the altered area,
 are readily accessible to and usable by individuals with disabilities where
 such alterations to the path of travel or the bathrooms, telephones, and
 drinking fountains serving the altered area are not disproportionate to
 the overall alterations in terms of cost and scope (as determined under
 criteria established by the Attorney General).
 (b) ELEVATOR- Subsection (a) shall not be construed to require the
 installation of an elevator for facilities that are less than three stories
 or have less than 3,000 square feet per story unless the building is a
 shopping center, a shopping mall, or the professional office of a health
 care provider or unless the Attorney General determines that a particular
 category of such facilities requires the installation of elevators based
 on the usage of such facilities.
SEC. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC TRANSPORTATION
SERVICES PROVIDED BY PRIVATE ENTITIES.
 (a) GENERAL RULE- No individual shall be discriminated against on the
 basis of disability in the full and equal enjoyment of specified public
 transportation services provided by a private entity that is primarily engaged
 in the business of transporting people and whose operations affect commerce.
 (b) CONSTRUCTION- For purposes of subsection (a), discrimination includes--
 (1) the imposition or application by a entity described in subsection (a)
 of eligibility criteria that screen out or tend to screen out an individual
 with a disability or any class of individuals with disabilities from fully
 enjoying the specified public transportation services provided by the entity,
 unless such criteria can be shown to be necessary for the provision of the
 services being offered;
 (2) the failure of such entity to--
 (A) make reasonable modifications consistent with those required under
 section 302(b)(2)(A)(ii);
 (B) provide auxiliary aids and services consistent with the requirements
 of section 302(b)(2)(A)(iii); and
 (C) remove barriers consistent with the requirements of section 302(b)(2)(A)
 and with the requirements of section 303(a)(2);
 (3) the purchase or lease by such entity of a new vehicle (other than
 an automobile, a van with a seating capacity of less than 8 passengers,
 including the driver, or an over-the-road bus) which is to be used to
 provide specified public transportation and for which a solicitation is
 made after the 30th day following the effective date of this section, that
 is not readily accessible to and usable by individuals with disabilities,
 including individuals who use wheelchairs; except that the new vehicle
 need not be readily accessible to and usable by such individuals if the
 new vehicle is to be used solely in a demand responsive system and if
 the entity can demonstrate that such system, when viewed in its entirety,
 provides a level of service to such individuals equivalent to the level of
 service provided to the general public;
 (4)(A) the purchase or lease by such entity of an over-the-road bus which
 does not comply with the regulations issued under section 306(a)(2); and
 (B) any other failure of such entity to comply with such regulations; and
 (5) the purchase or lease by such entity of a new van with a seating capacity
 of less than 8 passengers, including the driver, which is to be used to
 provide specified public transportation and for which a solicitation is
 made after the 30th day following the effective date of this section that
 is not readily accessible to or usable by individuals with disabilities,
 including individuals who use wheelchairs; except that the new van need not
 be readily accessible to and usable by such individuals if the entity can
 demonstrate that the system for which the van is being purchased or leased,
 when viewed in its entirety, provides a level of service to such individuals
 equivalent to the level of service provided to the general public;
 (6) the purchase or lease by such entity of a new rail passenger car that
 is to be used to provide specified public transportation, and for which a
 solicitation is made later than 30 days after the effective date of this
 paragraph, that is not readily accessible to and usable by individuals with
 disabilities, including individuals who use wheelchairs; and
 (7) the remanufacture by such entity of a rail passenger car that is to
 be used to provide specified public transportation so as to extend its
 usable life for 10 years or more, or the purchase or lease by such entity
 of such a rail car, unless the rail car, to the maximum extent feasible,
 is made readily accessible to and usable by individuals with disabilities,
 including individuals who use wheelchairs.
 (c) HISTORICAL OR ANTIQUATED CARS-
 (1) EXCEPTION- To the extent that compliance with subsection (b)(2)(C) or
 (b)(7) would significantly alter the historic or antiquated character of
 a historical or antiquated rail passenger car, or a rail station served
 exclusively by such cars, or would result in violation of any rule,
 regulation, standard, or order issued by the Secretary of Transportation
 under the Federal Railroad Safety Act of 1970, such compliance shall not
 be required.
 (2) DEFINITION- As used in this subsection, the term `historical or antiquated
 rail passenger car' means a rail passenger car--
 (A) which is not less than 30 years old at the time of its use for
 transporting individuals;
 (B) the manufacturer of which is no longer in the business of manufacturing
 rail passenger cars; and
 (C) which--
 (i) has a consequential association with events or persons significant to
 the past; or
 (ii) embodies, or is being restored to embody, the distinctive characteristics
 of a type of rail passenger car used in the past, or to represent a time
 period which has passed.
SEC. 305. STUDY.
 (a) PURPOSES- The Office of Technology Assessment shall undertake a study
 to determine--
 (1) the access needs of individuals with disabilities to over-the-road
 buses and over-the-road bus service; and
 (2) the most cost-effective methods for providing access to over-the-road
 buses and over-the-road bus service to individuals with disabilities,
 particularly individuals who use wheelchairs, through all forms of boarding
 options.
 (b) CONTENTS- The study shall include, at a minimum, an analysis of the
 following:
 (1) The anticipated demand by individuals with disabilities for accessible
 over-the-road buses and over-the-road bus service.
 (2) The degree to which such buses and service, including any service
 required under sections 304(b)(4) and 306(a)(2), are readily accessible to
 and usable by individuals with disabilities.
 (3) The effectiveness of various methods of providing accessibility to such
 buses and service to individuals with disabilities.
 (4) The cost of providing accessible over-the-road buses and bus service to
 individuals with disabilities, including consideration of recent technological
 and cost saving developments in equipment and devices.
 (5) Possible design changes in over-the-road buses that could enhance
 accessibility, including the installation of accessible restrooms which do
 not result in a loss of seating capacity.
 (6) The impact of accessibility requirements on the continuation of
 over-the-road bus service, with particular consideration of the impact of
 such requirements on such service to rural communities.
 (c) ADVISORY COMMITTEE- In conducting the study required by subsection (a),
 the Office of Technology Assessment shall establish an advisory committee,
 which shall consist of--
 (1) members selected from among private operators and manufacturers of
 over-the-road buses;
 (2) members selected from among individuals with disabilities, particularly
 individuals who use wheelchairs, who are potential riders of such buses; and
 (3) members selected for their technical expertise on issues included in the
 study, including manufacturers of boarding assistance equipment and devices.
The number of members selected under each of paragraphs (1) and (2) shall
be equal, and the total number of members selected under paragraphs (1) and
(2) shall exceed the number of members selected under paragraph (3).
 (d) DEADLINE- The study required by subsection (a), along with recommendations
 by the Office of Technology Assessment, including any policy options for
 legislative action, shall be submitted to the President and Congress within
 36 months after the date of the enactment of this Act. If the President
 determines that compliance with the regulations issued pursuant to section
 306(a)(2)(B) on or before the applicable deadlines specified in section
 306(a)(2)(B) will result in a significant reduction in intercity over-the-road
 bus service, the President shall extend each such deadline by 1 year.
 (e) REVIEW- In developing the study required by subsection (a), the Office
 of Technology Assessment shall provide a preliminary draft of such study to
 the Architectural and Transportation Barriers Compliance Board established
 under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). The
 Board shall have an opportunity to comment on such draft study, and any
 such comments by the Board made in writing within 120 days after the Board's
 receipt of the draft study shall be incorporated as part of the final study
 required to be submitted under subsection (d).
SEC. 306. REGULATIONS.
 (a) TRANSPORTATION PROVISIONS-
 (1) GENERAL RULE- Not later than 1 year after the date of the enactment
 of this Act, the Secretary of Transportation shall issue regulations in an
 accessible format to carry out sections 302(b)(2) (B) and (C) and to carry
 out section 304 (other than subsection (b)(4)).
 (2) SPECIAL RULES FOR PROVIDING ACCESS TO OVER-THE-ROAD BUSES-
 (A) INTERIM REQUIREMENTS-
 (i) ISSUANCE- Not later than 1 year after the date of the enactment of this
 Act, the Secretary of Transportation shall issue regulations in an accessible
 format to carry out sections 304(b)(4) and 302(b)(2)(D)(ii) that require each
 private entity which uses an over-the-road bus to provide transportation
 of individuals to provide accessibility to such bus; except that such
 regulations shall not require any structural changes in over-the-road buses
 in order to provide access to individuals who use wheelchairs during the
 effective period of such regulations and shall not require the purchase of
 boarding assistance devices to provide access to such individuals.
 (ii) EFFECTIVE PERIOD- The regulations issued pursuant to this subparagraph
 shall be effective until the effective date of the regulations issued under
 subparagraph (B).
 (B) FINAL REQUIREMENT-
 (i) REVIEW OF STUDY AND INTERIM REQUIREMENTS- The Secretary shall review
 the study submitted under section 305 and the regulations issued pursuant
 to subparagraph (A).
 (ii) ISSUANCE- Not later than 1 year after the date of the submission of
 the study under section 305, the Secretary shall issue in an accessible
 format new regulations to carry out sections 304(b)(4) and 302(b)(2)(D)(ii)
 that require, taking into account the purposes of the study under section
 305 and any recommendations resulting from such study, each private entity
 which uses an over-the-road bus to provide transportation to individuals
 to provide accessibility to such bus to individuals with disabilities,
 including individuals who use wheelchairs.
 (iii) EFFECTIVE PERIOD- Subject to section 305(d), the regulations issued
 pursuant to this subparagraph shall take effect--
 (I) with respect to small providers of transportation (as defined by the
 Secretary), 7 years after the date of the enactment of this Act; and
 (II) with respect to other providers of transportation, 6 years after such
 date of enactment.
 (C) LIMITATION ON REQUIRING INSTALLATION OF ACCESSIBLE RESTROOMS- The
 regulations issued pursuant to this paragraph shall not require the
 installation of accessible restrooms in over-the-road buses if such
 installation would result in a loss of seating capacity.
 (3) STANDARDS- The regulations issued pursuant to this subsection shall
 include standards applicable to facilities and vehicles covered by sections
 302(b)(2) and 304.
 (b) OTHER PROVISIONS- Not later than 1 year after the date of the enactment
 of this Act, the Attorney General shall issue regulations in an accessible
 format to carry out the provisions of this title not referred to in subsection
 (a) that include standards applicable to facilities and vehicles covered
 under section 302.
 (c) CONSISTENCY WITH ATBCB GUIDELINES- Standards included in regulations
 issued under subsections (a) and (b) shall be consistent with the minimum
 guidelines and requirements issued by the Architectural and Transportation
 Barriers Compliance Board in accordance with section 504 of this Act.
 (d) INTERIM ACCESSIBILITY STANDARDS-
 (1) FACILITIES- If final regulations have not been issued pursuant to
 this section, for new construction or alterations for which a valid and
 appropriate State or local building permit is obtained prior to the issuance
 of final regulations under this section, and for which the construction or
 alteration authorized by such permit begins within one year of the receipt
 of such permit and is completed under the terms of such permit, compliance
 with the Uniform Federal Accessibility Standards in effect at the time the
 building permit is issued shall suffice to satisfy the requirement that
 facilities be readily accessible to and usable by persons with disabilities
 as required under section 303, except that, if such final regulations have
 not been issued one year after the Architectural and Transportation Barriers
 Compliance Board has issued the supplemental minimum guidelines required
 under section 504(a) of this Act, compliance with such supplemental minimum
 guidelines shall be necessary to satisfy the requirement that facilities
 be readily accessible to and usable by persons with disabilities prior to
 issuance of the final regulations.
 (2) VEHICLES AND RAIL PASSENGER CARS- If final regulations have not been
 issued pursuant to this section, a private entity shall be considered to
 have complied with the requirements of this title, if any, that a vehicle
 or rail passenger car be readily accessible to and usable by individuals
 with disabilities, if the design for such vehicle or car complies with the
 laws and regulations (including the Minimum Guidelines and Requirements for
 Accessible Design and such supplemental minimum guidelines as are issued under
 section 504(a) of this Act) governing accessibility of such vehicles or cars,
 to the extent that such laws and regulations are not inconsistent with this
 title and are in effect at the time such design is substantially completed.
SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS ORGANI- ZATIONS.
 The provisions of this title shall not apply to private clubs or
 establishments exempted from coverage under title II of the Civil Rights
 Act of 1964 (42 U.S.C. 2000-a(e)) or to religious organizations or entities
 controlled by religious organizations, including places of worship.
SEC. 308. ENFORCEMENT.
 (a) IN GENERAL-
 (1) AVAILABILITY OF REMEDIES AND PROCEDURES- The remedies and procedures set
 forth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a))
 are the remedies and procedures this title provides to any person who is being
 subjected to discrimination on the basis of disability in violation of this
 title or who has reasonable grounds for believing that such person is about
 to be subjected to discrimination in violation of section 303. Nothing in
 this section shall require a person with a disability to engage in a futile
 gesture if such person has actual notice that a person or organization
 covered by this title does not intend to comply with its provisions.
 (2) INJUNCTIVE RELIEF- In the case of violations of sections 302(b)(2)(A)(iv)
 and section 303(a), injunctive relief shall include an order to alter
 facilities to make such facilities readily accessible to and usable by
 individuals with disabilities to the extent required by this title. Where
 appropriate, injunctive relief shall also include requiring the provision
 of an auxiliary aid or service, modification of a policy, or provision of
 alternative methods, to the extent required by this title.
 (b) ENFORCEMENT BY THE ATTORNEY GENERAL-
 (1) DENIAL OF RIGHTS-
 (A) DUTY TO INVESTIGATE-
 (i) IN GENERAL- The Attorney General shall investigate alleged violations
 of this title, and shall undertake periodic reviews of compliance of covered
 entities under this title.
 (ii) ATTORNEY GENERAL CERTIFICATION- On the application of a State or local
 government, the Attorney General may, in consultation with the Architectural
 and Transportation Barriers Compliance Board, and after prior notice and a
 public hearing at which persons, including individuals with disabilities,
 are provided an opportunity to testify against such certification, certify
 that a State law or local building code or similar ordinance that establishes
 accessibility requirements meets or exceeds the minimum requirements of this
 Act for the accessibility and usability of covered facilities under this
 title. At any enforcement proceeding under this section, such certification
 by the Attorney General shall be rebuttable evidence that such State law
 or local ordinance does meet or exceed the minimum requirements of this Act.
 (B) POTENTIAL VIOLATION- If the Attorney General has reasonable cause to
 believe that--
 (i) any person or group of persons is engaged in a pattern or practice of
 discrimination under this title; or
 (ii) any person or group of persons has been discriminated against under this
 title and such discrimination raises an issue of general public importance,
the Attorney General may commence a civil action in any appropriate United
States district court.
 (2) AUTHORITY OF COURT- In a civil action under paragraph (1)(B), the court--
 (A) may grant any equitable relief that such court considers to be
 appropriate, including, to the extent required by this title--
 (i) granting temporary, preliminary, or permanent relief;
 (ii) providing an auxiliary aid or service, modification of policy, practice,
 or procedure, or alternative method; and
 (iii) making facilities readily accessible to and usable by individuals
 with disabilities;
 (B) may award such other relief as the court considers to be appropriate,
 including monetary damages to persons aggrieved when requested by the
 Attorney General; and
 (C) may, to vindicate the public interest, assess a civil penalty against
 the entity in an amount--
 (i) not exceeding $50,000 for a first violation; and
 (ii) not exceeding $100,000 for any subsequent violation.
 (3) SINGLE VIOLATION- For purposes of paragraph (2)(C), in determining
 whether a first or subsequent violation has occurred, a determination in a
 single action, by judgment or settlement,that the covered entity has engaged
 in more than one discriminatory act shall be counted as a single violation.
 (4) PUNITIVE DAMAGES- For purposes of subsection (b)(2)(B), the term
 `monetary damages' and `such other relief' does not include punitive damages.
 (5) JUDICIAL CONSIDERATION- In a civil action under paragraph (1)(B), the
 court, when considering what amount of civil penalty, if any, is appropriate,
 shall give consideration to any good faith effort or attempt to comply
 with this Act by the entity. In evaluating good faith, the court shall
 consider, among other factors it deems relevant, whether the entity could
 have reasonably anticipated the need for an appropriate type of auxiliary
 aid needed to accommodate the unique needs of a particular individual with
 a disability.
SEC. 309. EXAMINATIONS AND COURSES.
 Any person that offers examinations or courses related to applications,
 licensing, certification, or credentialing for secondary or postsecondary
 education, professional, or trade purposes shall offer such examinations
 or courses in a place and manner accessible to persons with disabilities
 or offer alternative accessible arrangements for such individuals.
SEC. 310. EFFECTIVE DATE.
 (a) GENERAL RULE- Except as provided in subsections (b) and (c), this title
 shall become effective 18 months after the date of the enactment of this Act.
 (b) CIVIL ACTIONS- Except for any civil action brought for a violation
 of section 303, no civil action shall be brought for any act or omission
 described in section 302 which occurs--
 (1) during the first 6 months after the effective date,  against businesses
 that employ 25 or fewer employees and have gross receipts of $1,000,000 or
 less; and
 (2) during the first year after the effective date, against businesses that
 employ 10 or fewer employees and have gross receipts of $500,000 or less.
 (c) EXCEPTION- Sections 302(a) for purposes of section 302(b)(2) (B) and
 (C) only, 304(a) for purposes of section 304(b)(3) only, 304(b)(3), 305,
 and 306 shall take effect on the date of the enactment of this Act.
TITLE IV--TELECOMMUNICATIONS
SEC. 401. TELECOMMUNICATIONS RELAY SERVICES FOR HEARINGIMPAIRED AND
SPEECH-IMPAIRED INDIVIDUALS.
 (a) TELECOMMUNICATIONS- Title II of the Communications Act of 1934 (47
 U.S.C. 201 et seq.) is amended by adding at the end thereof the following
 new section:
`SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED
INDIVIDUALS.
 `(a) DEFINITIONS- As used in this section--
 `(1) COMMON CARRIER OR CARRIER- The term `common carrier' or `carrier'
 includes any common carrier engaged in interstate communication by wire or
 radio as defined in section 3(h) and any common carrier engaged in intrastate
 communication by wire or radio, notwithstanding sections 2(b) and 221(b).
 `(2) TDD- The term `TDD' means a Telecommunications Device for the Deaf,
 which is a machine that employs graphic communication in the transmission
 of coded signals through a wire or radio communication system.
 `(3) TELECOMMUNICATIONS RELAY SERVICES- The term `telecommunications relay
 services' means telephone transmission services that provide the ability for
 an individual who has a hearing impairment or speech impairment to engage in
 communication by wire or radio with a hearing individual in a manner that
 is functionally equivalent to the ability of an individual who does not
 have a hearing impairment or speech impairment to communicate using voice
 communication services by wire or radio. Such term includes services that
 enable two-way communication between an individual who uses a TDD or other
 nonvoice terminal device and an individual who does not use such a device.
 `(b) AVAILABILITY OF TELECOMMUNICATIONS RELAY SERVICES-
 `(1) IN GENERAL- In order to carry out the purposes established under section
 1, to make available to all individuals in the United States a rapid,
 efficient nationwide communication service, and to increase the utility
 of the telephone system of the Nation, the Commission shall ensure that
 interstate and intrastate telecommunications relay services are available,
 to the extent possible and in the most efficient manner, to hearing-impaired
 and speech-impaired individuals in the United States.
 `(2) USE OF GENERAL AUTHORITY AND REMEDIES- For the purposes of
 administering and enforcing the provisions of this section and the
 regulations prescribed thereunder, the Commission shall have the same
 authority, power, and functions with respect to common carriers engaged
 in intrastate communication as the Commission has in administering and
 enforcing the provisions of this title with respect to any common carrier
 engaged in interstate communication. Any violation of this section by any
 common carrier engaged in intrastate communication shall be subject to the
 same remedies, penalties, and procedures as are applicable to a violation
 of this Act by a common carrier engaged in interstate communication.
 `(c) PROVISION OF SERVICES- Each common carrier providing telephone
 voice transmission services shall, not later than 3 years after the date
 of enactment of this section, provide in compliance with the regulations
 prescribed under this section, throughout the area in which it offers service,
 telecommunications relay services, individually, through designees, through
 a competitively selected vendor, or in concert with other carriers. A common
 carrier shall be considered to be in compliance with such regulations--
 `(1) with respect to intrastate telecommunications relay services in any State
 that does not have a certified program under subsection (f) and with respect
 to interstate telecommunications relay services, if such common carrier
 (or other entity through which the carrier is providing such relay services)
 is in compliance with the Commission's regulations under subsection (d); or
 `(2) with respect to intrastate telecommunications relay services in any
 State that has a certified program under subsection (f) for such State, if
 such common carrier (or other entity through which the carrier is providing
 such relay services) is in compliance with the program certified under
 subsection (f) for such State.
 `(d) REGULATIONS-
 `(1) IN GENERAL- The Commission shall, not later than 1 year after the date
 of enactment of this section, prescribe regulations to implement this section,
 including regulations that--
 `(A) establish functional requirements, guidelines, and operations procedures
 for telecommunications relay services;
 `(B) establish minimum standards that shall be met in carrying out subsection
 (c);
 `(C) require that telecommunications relay services operate every day for
 24 hours per day;
 `(D) require that users of telecommunications relay services pay rates no
 greater than the rates paid for functionally equivalent voice communication
 services with respect to such factors as the duration of the call, the time
 of day, and the distance from point of origination to point of termination;
 `(E) prohibit relay operators from failing to fulfill the obligations of
 common carriers by refusing calls or limiting the length of calls that use
 telecommunications relay services;
 `(F) prohibit relay operators from disclosing the content of any relayed
 conversation and from keeping records of the content of any such conversation
 beyond the duration of the call; and
 `(G) prohibit relay operators from intentionally altering a relayed
 conversation.
 `(2) TECHNOLOGY- The Commission shall ensure that regulations prescribed
 to implement this section encourage, consistent with section 7(a) of this
 Act, the use of existing technology and do not discourage or impair the
 development of improved technology.
 `(3) JURISDICTIONAL SEPARATION OF COSTS-
 `(A) IN GENERAL- Consistent with the provisions of section 410 of this Act,
 the Commission shall prescribe regulations governing the jurisdictional
 separation of costs for the services provided pursuant to this section.
 `(B) RECOVERING COSTS- Such regulations shall generally provide that costs
 caused by interstate telecommunications relay services shall be recovered from
 all subscribers for every interstate service and costs caused by intrastate
 telecommunications relay services shall be recovered from the intrastate
 jurisdiction. In a State that has a certified program under subsection
 (f), a State commission shall permit a common carrier to recover the costs
 incurred in providing intrastate telecommunications relay services by a
 method consistent with the requirements of this section.
 `(e) ENFORCEMENT-
 `(1) IN GENERAL- Subject to subsections (f) and (g), the Commission shall
 enforce this section.
 `(2) COMPLAINT- The Commission shall resolve, by final order, a complaint
 alleging a violation of this section within 180 days after the date such
 complaint is filed.
 `(f) CERTIFICATION-
 `(1) STATE DOCUMENTATION- Any State desiring to establish a State program
 under this section shall submit documentation to the Commission that describes
 the program of such State for implementing intrastate telecommunications
 relay services and the procedures and remedies available for enforcing any
 requirements imposed by the State program.
 `(2) REQUIREMENTS FOR CERTIFICATION- After review of such documentation, the
 Commission shall certify the State program if the Commission determines that--
 `(A) the program makes available to hearing-impaired and speech-impaired
 individuals, either directly, through designees, through a competitively
 selected vendor, or through regulation of intrastate common carriers,
 intrastate telecommunications relay services in such State in a manner
 that meets or exceeds the requirements of regulations prescribed by the
 Commission under subsection (d); and
 `(B) the program makes available adequate procedures and remedies for
 enforcing the requirements of the State program.
 `(3) METHOD OF FUNDING- Except as provided in subsection (d), the Commission
 shall not refuse to certify a State program based solely on the method such
 State will implement for funding intrastate telecommunication relay services.
 `(4) SUSPENSION OR REVOCATION OF CERTIFICATION- The Commission may suspend
 or revoke such certification if, after notice and opportunity for hearing,
 the Commission determines that such certification is no longer warranted. In
 a State whose program has been suspended or revoked, the Commission shall
 take such steps as may be necessary, consistent with this section, to ensure
 continuity of telecommunications relay services.
 `(g) COMPLAINT-
 `(1) REFERRAL OF COMPLAINT- If a complaint to the Commission alleges a
 violation of this section with respect to intrastate telecommunications
 relay services within a State and certification of the program of such
 State under subsection (f) is in effect, the Commission shall refer such
 complaint to such State.
 `(2) JURISDICTION OF COMMISSION- After referring a complaint to a State
 under paragraph (1), the Commission shall exercise jurisdiction over such
 complaint only if--
 `(A) final action under such State program has not been taken on such
 complaint by such State--
 `(i) within 180 days after the complaint is filed with such State; or
 `(ii) within a shorter period as prescribed by the regulations of such
 State; or
 `(B) the Commission determines that such State program is no longer qualified
 for certification under subsection (f).'.
 (b) CONFORMING AMENDMENTS- The Communications Act of 1934 (47 U.S.C. 151
 et seq.) is amended--
 (1) in section 2(b) (47 U.S.C. 152(b)), by striking `section 224' and
 inserting `sections 224 and 225'; and
 (2) in section 221(b) (47 U.S.C. 221(b)), by striking `section 301' and
 inserting `sections 225 and 301'.
SEC. 402. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
 Section 711 of the Communications Act of 1934 is amended to read as follows:
`SEC. 711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
 `Any television public service announcement that is produced or funded
 in whole or in part by any agency or instrumentality of Federal Government
 shall include closed captioning of the verbal content of such announcement. A
 television broadcast station licensee--
 `(1) shall not be required to supply closed captioning for any such
 announcement that fails to include it; and
 `(2) shall not be liable for broadcasting any such announcement without
 transmitting a closed caption unless the licensee intentionally fails to
 transmit the closed caption that was included with the announcement.'.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. CONSTRUCTION.
 (a) IN GENERAL- Except as otherwise provided in this Act, nothing in this
 Act shall be construed to apply a lesser standard than the standards applied
 under title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or
 the regulations issued by Federal agencies pursuant to such title.
 (b) RELATIONSHIP TO OTHER LAWS- Nothing in this Act shall be construed to
 invalidate or limit the remedies, rights, and procedures of any Federal law
 or law of any State or political subdivision of any State or jurisdiction
 that provides greater or equal protection for the rights of individuals with
 disabilities than are afforded by this Act. Nothing in this Act shall be
 construed to preclude the prohibition of, or the imposition of restrictions
 on, smoking in places of employment covered by title I, in transportation
 covered by title II or III, or in places of public accommodation covered
 by title III.
 (c) INSURANCE- Titles I through IV of this Act shall not be construed to
 prohibit or restrict--
 (1) an insurer, hospital or medical service company, health maintenance
 organization, or any agent, or entity that administers benefit plans,
 or similar organizations from underwriting risks, classifying risks, or
 administering such risks that are based on or not inconsistent with State
 law; or
 (2) a person or organization covered by this Act from establishing,
 sponsoring, observing or administering the terms of a bona fide benefit plan
 that are based on underwriting risks, classifying risks, or administering
 such risks that are based on or not inconsistent with State law; or
 (3) a person or organization covered by this Act from establishing,
 sponsoring, observing or administering the terms of a bona fide benefit
 plan that is not subject to State laws that regulate insurance.
Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the
purposes of title I and III.
 (d) ACCOMMODATIONS AND SERVICES- Nothing in this Act shall be construed to
 require an individual with a disability to accept an accommodation, aid,
 service, opportunity, or benefit which such individual chooses not to accept.
SEC. 502. STATE IMMUNITY.
 A State shall not be immune under the eleventh amendment to the Constitution
 of the United States from an action in Federal or State court of competent
 jurisdiction for a violation of this Act. In any action against a State for
 a violation of the requirements of this Act, remedies (including remedies
 both at law and in equity) are available for such a violation to the same
 extent as such remedies are available for such a violation in an action
 against any public or private entity other than a State.
SEC. 503. PROHIBITION AGAINST RETALIATION AND COERCION.
 (a) RETALIATION- No person shall discriminate against any individual because
 such individual has opposed any act or practice made unlawful by this Act or
 because such individual made a charge, testified, assisted, or participated
 in any manner in an investigation, proceeding, or hearing under this Act.
 (b) INTERFERENCE, COERCION, OR INTIMIDATION- It shall be unlawful to coerce,
 intimidate, threaten, or interfere with any individual in the exercise or
 enjoyment of, or on account of his or her having exercised or enjoyed, or
 on account of his or her having aided or encouraged any other individual
 in the exercise or enjoyment of, any right granted or protected by this Act.
 (c) REMEDIES AND PROCEDURES- The remedies and procedures available under
 sections 107, 203, and 308 of this Act shall be available to aggrieved
 persons for violations of subsections (a) and (b), with respect to title I,
 title II and title III, respectively.
SEC. 504. REGULATIONS BY THE ARCHITECTURAL AND TRANSPORTATION BARRIERS
COMPLIANCE BOARD.
 (a) ISSUANCE OF GUIDELINES- Not later than 9 months after the date of
 enactment of this Act, the Architectural and Transportation Barriers
 Compliance Board shall issue minimum guidelines that shall supplement the
 existing Minimum Guidelines and Requirements for Accessible Design for
 purposes of titles II and III of this Act.
 (b) CONTENTS OF GUIDELINES- The supplemental guidelines issued under
 subsection (a) shall establish additional requirements, consistent with
 this Act, to ensure that buildings, facilities, rail passenger cars, and
 vehicles are accessible, in terms of architecture and design, transportation,
 and communication, to individuals with disabilities.
 (c) QUALIFIED HISTORIC PROPERTIES-
 (1) IN GENERAL- The supplemental guidelines issued under subsection (a)
 shall include procedures and requirements for alterations that will threaten
 or destroy the historic significance of qualified historic buildings and
 facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility
 Standards.
 (2) SITES ELIGIBLE FOR LISTING IN NATIONAL REGISTER- With respect to
 alterations of buildings or facilities that are eligible for listing in the
 National Register of Historic Places under the National Historic Preservation
 Act (16 U.S.C. 470 et seq.), the guidelines described in paragraph (1) shall,
 at a minimum, maintain the procedures and requirements established in 4.1.7
 (1) and (2) of the Uniform Federal Accessibility Standards.
 (3) OTHER SITES- With respect to alterations of buildings or facilities
 designated as historic under State or local law, the guidelines described
 in paragraph (1) shall establish procedures equivalent to those established
 by 4.1.7(1) (b) and (c) of the Uniform Federal Accessibility Standards, and
 shall require, at a minimum, compliance with the requirements established
 in 4.1.7(2) of such standards.
SEC. 505. ATTORNEY'S FEES.
 In any action or administrative proceeding commenced pursuant to this Act,
 the court or agency, in its discretion, may allow the prevailing party,
 other than the United States, a reasonable attorney's fee, including
 litigation expenses, and costs, and the United States shall be liable for
 the foregoing the same as a private individual.
SEC. 506. TECHNICAL ASSISTANCE.
 (a) PLAN FOR ASSISTANCE-
 (1) IN GENERAL- Not later than 180 days after the date of enactment of
 this Act, the Attorney General, in consultation with the Chair of the
 Equal Employment Opportunity Commission, the Secretary of Transportation,
 the Chair of the Architectural and Transportation Barriers Compliance Board,
 and the Chairman of the Federal Communications Commission, shall develop a
 plan to assist entities covered under this Act, and other Federal agencies, in
 understanding the responsibility of such entities and agencies under this Act.
 (2) PUBLICATION OF PLAN- The Attorney General shall publish the plan referred
 to in paragraph (1) for public comment in accordance with subchapter II of
 chapter 5 of title 5, United States Code (commonly known as the Administrative
 Procedure Act).
 (b) AGENCY AND PUBLIC ASSISTANCE- The Attorney General may obtain the
 assistance of other Federal agencies in carrying out subsection (a),
 including the National Council on Disability, the President's Committee on
 Employment of People with Disabilities, the Small Business Administration,
 and the Department of Commerce.
 (c) IMPLEMENTATION-
 (1) RENDERING ASSISTANCE- Each Federal agency that has responsibility under
 paragraph (2) for implementing this Act may render technical assistance to
 individuals and institutions that have rights or duties under the respective
 title or titles for which such agency has responsibility.
 (2) IMPLEMENTATION OF TITLES-
 (A) TITLE I- The Equal Employment Opportunity Commission and the Attorney
 General shall implement the plan for assistance developed under subsection
 (a), for title I.
 (B) TITLE II-
 (i) SUBTITLE A- The Attorney General shall implement such plan for assistance
 for subtitle A of title II.
 (ii) SUBTITLE B- The Secretary of Transportation shall implement such plan
 for assistance for subtitle B of title II.
 (C) TITLE III- The Attorney General, in coordination with the Secretary of
 Transportation and the Chair of the Architectural Transportation Barriers
 Compliance Board, shall implement such plan for assistance for title III,
 except for section 304, the plan for assistance for which shall be implemented
 by the Secretary of Transportation.
 (D) TITLE IV- The Chairman of the Federal Communications Commission,
 in coordination with the Attorney General, shall implement such plan for
 assistance for title IV.
 (3) TECHNICAL ASSISTANCE MANUALS- Each Federal agency that has responsibility
 under paragraph (2) for implementing this Act shall, as part of its
 implementation responsibilities, ensure the availability and provision of
 appropriate technical assistance manuals to individuals or entities with
 rights or duties under this Act no later than six months after applicable
 final regulations are published under titles I, II, III, and IV.
 (d) GRANTS AND CONTRACTS-
 (1) IN GENERAL- Each Federal agency that has responsibility under subsection
 (c)(2) for implementing this Act may make grants or award contracts to
 effectuate the purposes of this section, subject to the availability of
 appropriations. Such grants and contracts may be awarded to individuals,
 institutions not organized for profit and no part of the net earnings of which
 inures to the benefit of any private shareholder or individual (including
 educational institutions), and associations representing individuals who
 have rights or duties under this Act. Contracts may be awarded to entities
 organized for profit, but such entities may not be the recipients or grants
 described in this paragraph.
 (2) DISSEMINATION OF INFORMATION- Such grants and contracts, among other
 uses, may be designed to ensure wide dissemination of information about the
 rights and duties established by this Act and to provide information and
 technical assistance about techniques for effective compliance with this Act.
 (e) FAILURE TO RECEIVE ASSISTANCE- An employer, public accommodation,
 or other entity covered under this Act shall not be excused from compliance
 with the requirements of this Act because of any failure to receive technical
 assistance under this section, including any failure in the development or
 dissemination of any technical assistance manual authorized by this section.
SEC. 507. FEDERAL WILDERNESS AREAS.
 (a) STUDY- The National Council on Disability shall conduct a study and
 report on the effect that wilderness designations and wilderness land
 management practices have on the ability of individuals with disabilities
 to use and enjoy the National Wilderness Preservation System as established
 under the Wilderness Act (16 U.S.C. 1131 et seq.).
 (b) SUBMISSION OF REPORT- Not later than 1 year after the enactment of this
 Act, the National Council on Disability shall submit the report required
 under subsection (a) to Congress.
 (c) SPECIFIC WILDERNESS ACCESS-
 (1) IN GENERAL- Congress reaffirms that nothing in the Wilderness Act is to
 be construed as prohibiting the use of a wheelchair in a wilderness area by
 an individual whose disability requires use of a wheelchair, and consistent
 with the Wilderness Act no agency is required to provide any form of special
 treatment or accommodation, or to construct any facilities or modify any
 conditions of lands within a wilderness area in order to facilitate such use.
 (2) DEFINITION- For purposes of paragraph (1), the term `wheelchair' means a
 device designed solely for use by a mobility-impaired person for locomotion,
 that is suitable for use in an indoor pedestrian area.
SEC. 508. TRANSVESTITES.
 For the purposes of this Act, the term `disabled' or `disability' shall
 not apply to an individual solely because that individual is a transvestite.
SEC. 509. COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGISLATIVE BRANCH.
 (a) COVERAGE OF THE SENATE-
 (1) COMMITMENT TO RULE XLII- The Senate reaffirms its commitment to Rule
 XLII of the Standing Rules of the Senate which provides as follows:
 `No member, officer, or employee of the Senate shall, with respect to
 employment by the Senate or any office thereof--
 `(a) fail or refuse to hire an individual;
 `(b) discharge an individual; or
 `(c) otherwise discriminate against an individual with respect to promotion,
 compensation, or terms, conditions, or privileges of employment
on the basis of such individual's race, color, religion, sex, national origin,
age, or state of physical handicap.'.
 (2) APPLICATION TO SENATE EMPLOYMENT- The rights and protections provided
 pursuant to this Act, the Civil Rights Act of 1990 (S. 2104, 101st Congress),
 the Civil Rights Act of 1964, the Age Discrimination in Employment Act
 of 1967, and the Rehabilitation Act of 1973 shall apply with respect to
 employment by the United States Senate.
 (3) INVESTIGATION AND ADJUDICATION OF CLAIMS- All claims raised by any
 individual with respect to Senate employment, pursuant to the Acts referred
 to in paragraph (2), shall be investigated and adjudicated by the Select
 Committee on Ethics, pursuant to S. Res. 338, 88th Congress, as amended,
 or such other entity as the Senate may designate.
 (4) RIGHTS OF EMPLOYEES- The Committee on Rules and Administration shall
 ensure that Senate employees are informed of their rights under the Acts
 referred to in paragraph (2).
 (5) APPLICABLE REMEDIES- When assigning remedies to individuals found to
 have a valid claim under the Acts referred to in paragraph (2), the Select
 Committee on Ethics, or such other entity as the Senate may designate,
 should to the extent practicable apply the same remedies applicable to
 all other employees covered by the Acts referred to in paragraph (2). Such
 remedies shall apply exclusively.
 (6) MATTERS OTHER THAN EMPLOYMENT-
 (A) IN GENERAL- The rights and protections under this Act shall, subject to
 subparagraph (B), apply with respect to the conduct of the Senate regarding
 matters other than employment.
 (B) REMEDIES- The Architect of the Capitol shall establish remedies and
 procedures to be utilized with respect to the rights and protections
 provided pursuant to subparagraph (A). Such remedies and procedures shall
 apply exclusively, after approval in accordance with subparagraph (C).
 (C) PROPOSED REMEDIES AND PROCEDURES- For purposes of subparagraph (B),
 the Architect of the Capitol shall submit proposed remedies and procedures
 to the Senate Committee on Rules and Administration. The remedies and
 procedures shall be effective upon the approval of the Committee on Rules
 and Administration.
 (7) EXERCISE OF RULEMAKING POWER- Notwithstanding any other provision of
 law, enforcement and adjudication of the rights and protections referred
 to in paragraph (2) and (6)(A) shall be within the exclusive jurisdiction
 of the United States Senate. The provisions of paragraph (1), (3), (4),
 (5), (6)(B), and (6)(C) are enacted by the Senate as an exercise of the
 rulemaking power of the Senate, with full recognition of the right of the
 Senate to change its rules, in the same manner, and to the same extent,
 as in the case of any other rule of the Senate.
 (b) COVERAGE OF THE HOUSE OF REPRESENTATIVES-
 (1) IN GENERAL- Notwithstanding any other provision of this Act or of law,
 the purposes of this Act shall, subject to paragraphs (2) and (3), apply
 in their entirety to the House of Representatives.
 (2) EMPLOYMENT IN THE HOUSE-
 (A) APPLICATION- The rights and protections under this Act shall, subject
 to subparagraph (B), apply with respect to any employee in an employment
 position in the House of Representatives and any employing authority of
 the House of Representatives.
 (B) ADMINISTRATION-
 (i) IN GENERAL- In the administration of this paragraph, the remedies and
 procedures made applicable pursuant to the resolution described in clause
 (ii) shall apply exclusively.
 (ii) RESOLUTION- The resolution referred to in clause (i) is House Resolution
 15 of the One Hundred First Congress, as agreed to January 3, 1989, or
 any other provision that continues in effect the provisions of, or is a
 successor to, the Fair Employment Practices Resolution (House Resolution
 558 of the One Hundredth Congress, as agreed to October 4, 1988).
 (C) EXERCISE OF RULEMAKING POWER- The provisions of subparagraph (B) are
 enacted by the House of Representatives as an exercise of the rulemaking
 power of the House of Representatives, with full recognition of the right
 of the House to change its rules, in the same manner, and to the same extent
 as in the case of any other rule of the House.
 (3) MATTERS OTHER THAN EMPLOYMENT-
 (A) IN GENERAL- The rights and protections under this Act shall, subject
 to subparagraph (B), apply with respect to the conduct of the House of
 Representatives regarding matters other than employment.
 (B) REMEDIES- The Architect of the Capitol shall establish remedies and
 procedures to be utilized with respect to the rights and protections
 provided pursuant to subparagraph (A). Such remedies and procedures shall
 apply exclusively, after approval in accordance with subparagraph (C).
 (C) APPROVAL- For purposes of subparagraph (B), the Architect of the Capitol
 shall submit proposed remedies and procedures to the Speaker of the House
 of Representatives. The remedies and procedures shall be effective upon
 the approval of the Speaker, after consultation with the House Office
 Building Commission.
 (c) INSTRUMENTALITIES OF CONGRESS-
 (1) IN GENERAL- The rights and protections under this Act shall, subject
 to paragraph (2), apply with respect to the conduct of each instrumentality
 of the Congress.
 (2) ESTABLISHMENT OF REMEDIES AND PROCEDURES BY INSTRUMENTALITIES- The chief
 official of each instrumentality of the Congress shall establish remedies
 and procedures to be utilized with respect to the rights and protections
 provided pursuant to paragraph (1). Such remedies and procedures shall
 apply exclusively.
 (3) REPORT TO CONGRESS- The chief official of each instrumentality of the
 Congress shall, after establishing remedies and procedures for purposes
 of paragraph (2), submit to the Congress a report describing the remedies
 and procedures.
 (4) DEFINITION OF INSTRUMENTALITIES- For purposes of this section,
 instrumentalities of the Congress include the following: the Architect of
 the Capitol, the Congressional Budget Office, the General Accounting Office,
 the Government Printing Office, the Library of Congress, the Office of
 Technology Assessment, and the United States Botanic Garden.
 (5) CONSTRUCTION- Nothing in this section shall alter the enforcement
 procedures for individuals with disabilities provided in the General
 Accounting Office Personnel Act of 1980 and regulations promulgated pursuant
 to that Act.
SEC. 510. ILLEGAL USE OF DRUGS.
 (a) IN GENERAL- For purposes of this Act, the term `individual with a
 disability' does not include an individual who is currently engaging in the
 illegal use of drugs, when the covered entity acts on the basis of such use.
 (b) RULES OF CONSTRUCTION- Nothing in subsection (a) shall be construed to
 exclude as an individual with a disability an individual who--
 (1) has successfully completed a supervised drug rehabilitation program
 and is no longer engaging in the illegal use of drugs, or has otherwise
 been rehabilitated successfully and is no longer engaging in such use;
 (2) is participating in a supervised rehabilitation program and is no longer
 engaging in such use; or
 (3) is erroneously regarded as engaging in such use, but is not engaging
 in such use;
except that it shall not be a violation of this Act for a covered entity to
adopt or administer reasonable policies or procedures, including but not
limited to drug testing, designed to ensure that an individual described
in paragraph (1) or (2) is no longer engaging in the illegal use of drugs;
however, nothing in this section shall be construed to encourage, prohibit,
restrict, or authorize the conducting of testing for the illegal use of drugs.
 (c) HEALTH AND OTHER SERVICES- Notwithstanding subsection (a) and section
 511(b)(3), an individual shall not be denied health services, or services
 provided in connection with drug rehabilitation, on the basis of the current
 illegal use of drugs if the individual is otherwise entitled to such services.
 (d) DEFINITION OF ILLEGAL USE OF DRUGS-
 (1) IN GENERAL- The term `illegal use of drugs' means the use of drugs,
 the possession or distribution of which is unlawful under the Controlled
 Substances Act (21 U.S.C. 812). Such term does not include the use of a
 drug taken under supervision by a licensed health care professional, or
 other uses authorized by the Controlled Substances Act or other provisions
 of Federal law.
 (2) DRUGS- The term `drug' means a controlled substance, as defined in
 schedules I through V of section 202 of the Controlled Substances Act.
SEC. 511. DEFINITIONS.
 (a) HOMOSEXUALITY AND BISEXUALITY- For purposes of the definition of
 `disability' in section 3(2), homosexuality and bisexuality are not
 impairments and as such are not disabilities under this Act.
 (b) CERTAIN CONDITIONS- Under this Act, the term `disability' shall not
 include--
 (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism,
 gender identity disorders not resulting from physical impairments, or other
 sexual behavior disorders;
 (2) compulsive gambling, kleptomania, or pyromania; or
 (3) psychoactive substance use disorders resulting from current illegal
 use of drugs.
SEC. 512. AMENDMENTS TO THE REHABILITATION ACT.
 (a) DEFINITION OF HANDICAPPED INDIVIDUAL- Section 7(8) of the Rehabilitation
 Act of 1973 (29 U.S.C. 706(8)) is amended by redesignating subparagraph (C)
 as subparagraph (D), and by inserting after subparagraph (B) the following
 subparagraph:
 `(C)(i) For purposes of title V, the term `individual with handicaps' does
 not include an individual who is currently engaging in the illegal use of
 drugs, when a covered entity acts on the basis of such use.
 `(ii) Nothing in clause (i) shall be construed to exclude as an individual
 with handicaps an individual who--
 `(I) has successfully completed a supervised drug rehabilitation program
 and is no longer engaging in the illegal use of drugs, or has otherwise
 been rehabilitated successfully and is no longer engaging in such use;
 `(II) is participating in a supervised rehabilitation program and is no
 longer engaging in such use; or
 `(III) is erroneously regarded as engaging in such use, but is not engaging
 in such use;
except that it shall not be a violation of this Act for a covered entity
to adopt or administer reasonable policies or procedures, including but not
limited to drug testing, designed to ensure that an individual described in
subclause (I) or (II) is no longer engaging in the illegal use of drugs.
 `(iii) Notwithstanding clause (i), for purposes of programs and activities
 providing health services and services provided under titles I, II and III,
 an individual shall not be excluded from the benefits of such programs or
 activities on the basis of his or her current illegal use of drugs if he
 or she is otherwise entitled to such services.
 `(iv) For purposes of programs and activities providing educational services,
 local educational agencies may take disciplinary action pertaining to
 the use or possession of illegal drugs or alcohol against any handicapped
 student who currently is engaging in the illegal use of drugs or in the
 use of alcohol to the same extent that such disciplinary action is taken
 against nonhandicapped students. Furthermore, the due process procedures
 at 34 CFR 104.36 shall not apply to such disciplinary actions.
 `(v) For purposes of sections 503 and 504 as such sections relate to
 employment, the term `individual with handicaps' does not include any
 individual who is an alcoholic whose current use of alcohol prevents such
 individual from performing the duties of the job in question or whose
 employment, by reason of such current alcohol abuse, would constitute a
 direct threat to property or the safety of others.'.
 (b) DEFINITION OF ILLEGAL DRUGS- Section 7 of the Rehabilitation Act of 1973
 (29 U.S.C. 706) is amended by adding at the end the following new paragraph:
 `(22)(A) The term `drug' means a controlled substance, as defined in schedules
 I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).
 `(B) The term `illegal use of drugs' means the use of drugs, the possession
 or distribution of which is unlawful under the Controlled Substances
 Act. Such term does not include the use of a drug taken under supervision
 by a licensed health care professional, or other uses authorized by the
 Controlled Substances Act or other provisions of Federal law.'.
 (c) CONFORMING AMENDMENTS- Section 7(8)(B) of the Rehabilitation Act of 1973
 (29 U.S.C. 706(8)(B)) is amended--
 (1) in the first sentence, by striking `Subject to the second sentence of
 this subparagraph,' and inserting `Subject to subparagraphs (C) and (D),'; and
 (2) by striking the second sentence.
SEC. 513. ALTERNATIVE MEANS OF DISPUTE RESOLUTION.
 Where appropriate and to the extent authorized by law, the use of alternative
 means of dispute resolution, including settlement negotiations, conciliation,
 facilitation, mediation, factfinding, minitrials, and arbitration, is
 encouraged to resolve disputes arising under this Act.
SEC. 514. SEVERABILITY.
 Should any provision in this Act be found to be unconstitutional by a court
 of law, such provision shall be severed from the remainder of the Act, and
 such action shall not affect the enforceability of the remaining provisions
 of the Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.