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AMERICANS WITH DISABILITIES ACT of 1990



                             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 ninty
                                
                             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.

  SEC. 101. DEFINITIONS.
    As used in this title:
        (1) Commission.--The term "Commission" means the Equal Employment
      Opportunity Commission established by section 705 of the Civil Rights Act
      of 1964 (42 U.S.C. 2000e-4).
        (2) Covered entity.--The term "covered entity" means an employer,
      employment agency, labor organization, or joint labor-management
      committee.
        (3) Direct threat.--The term "direct threat" means a significant risk
      to the health or safety of others that cannot be eliminated by reasonable
      accommodation.
        (4) Employee.--The term "employee" means an individual employed by an
      employer.
        (5) Employer.--
            (A) In general.--The term "employer" means a person engaged in an
          industry affecting commerce who has 15 or more employees for each
          working day in each of 20 or more calendar weeks in the current or
          preceding calendar year, and any agent of such person, except that,
          for two years following the effective date of this title, an employer
          means a person engaged in an industry affecting commerce who has 25
          or more employees for each working day in each of 20 or more calendar
          weeks in the current or preceding year, and any agent of such person.
            (B) Exceptions.--The term "employer" does not include--
                (i) the United States, a corporation wholly owned by the
              government of the United States, or an Indian tribe; or
                (ii) a bona fide private membership club (other than a labor
              organization) that is exempt from taxation under section 501(c)
              of the Internal Revenue Code of 1986.
        (6) Illegal use of drugs.--
            (A) In general.--The term "illegal use of drugs" means the use of
          drugs, the possession or distribution of which is unlawful under the
          Controlled Substances Act (21 U.S.C. 812). Such term does not include
          the use of a drug taken under supervision by a licensed health care
          professional, or other uses authorized by the Controlled Substances
          Act or other provisions of Federal law.
            (B) Drugs.--The term "drug" means a controlled substance, as
          defined in schedules I through V of section 202 of the Controlled
          Substances Act.
        (7) Person, etc.--The terms "person", "labor organization", "employment
      agency", "commerce", and "industry affecting commerce", shall have the
      same meaning given such terms in section 701 of the Civil Rights Act of
      1964 (42 U.S.C. 2000e).
        (8) Qualified individual with a disability.--The term "qualified
      individual with a disability" means an individual with a disability who,
      with or without reasonable accommodation, can perform the essential
      functions of the employment position that such individual holds or
      desires. For the purposes of this title, consideration shall be given to
      the employer's judgment as to what functions of a job are essential, and
      if an employer has prepared a written description before advertising or
      interviewing applicants for the job, this description shall be considered
      evidence of the essential functions of the job.
        (9) Reasonable accommodation.--The term "reasonable accommodation" may
      include--
            (A) making existing facilities used by employees readily accessible
          to and usable by individuals with disabilities; and
            (B) job restructuring, part-time or modified work schedules,
          reassignment to a vacant position, acquisition or modification of
          equipment or devices, appropriate adjustment or modifications of
          examinations, training materials or policies, the provision of
          qualified readers or interpreters, and other similar accommodations
          for individuals with disabilities.
        (10) Undue hardship.--
            (A) In general.--The term "undue hardship" means an action
          requiring significant difficulty or expense, when considered in light
          of the factors set forth in subparagraph (B).
            (B) Factors to be considered.--In determining whether an
          accommodation would impose an undue hardship on a covered entity,
          factors to be considered include--
                (i) the nature and cost of the accommodation needed under this
              Act;
                (ii) the overall financial resources of the facility or
              facilities involved in the provision of the reasonable
              accommodation; the number of persons employed at such facility;
              the effect on expenses and resources, or the impact otherwise of
              such accommodation upon the operation of the facility;
                (iii) the overall financial resources of the covered entity;
              the overall size of the business of a covered entity with respect
              to the number of its employees; the number, type, and location of
              its facilities; and
                (iv) the type of operation or operations of the covered entity,
              including the composition, structure, and functions of the
              workforce of such entity; the geographic separateness,
              administrative, or fiscal relationship of the facility or
              facilities in question to the covered entity.

  SEC. 102. DISCRIMINATION.
    (a) General Rule.--No covered entity shall discriminate against a qualified
  individual with a disability because of the disability of such individual in
  regard to job application procedures, the hiring, advancement, or discharge
  of employees, employee compensation, job training, and other terms,
  conditions, and privileges of employment.
    (b) Construction.--As used in subsection (a), the term "discriminate"
  includes--
        (1) limiting, segregating, or classifying a job applicant or employee
      in a way that adversely affects the opportunities or status of such
      applicant or employee because of the disability of such applicant or
      employee;
        (2) participating in a contractual or other arrangement or relationship
      that has the effect of subjecting a covered entity's qualified applicant
      or employee with a disability to the discrimination prohibited by this
      title (such relationship includes a relationship with an employment or
      referral agency, labor union, an organization providing fringe benefits
      to an employee of the covered entity, or an organization providing
      training and apprenticeship programs);
        (3) utilizing standards, criteria, or methods of administration--
            (A) that have the effect of discrimination on the basis of
          disability; or
            (B) that perpetuate the discrimination of others who are subject to
          common administrative control;
        (4) excluding or otherwise denying equal jobs or benefits to a
      qualified individual because of the known disability of an individual
      with whom the qualified individual is known to have a relationship or
      association;
        (5)(A) not making reasonable accommodations to the known physical or
      mental limitations of an otherwise qualified individual with a disability
      who is an applicant or employee, unless such covered entity can
      demonstrate that the accommodation would impose an undue hardship on the
      operation of the business of such covered entity; or
        (B) denying employment opportunities to a job applicant or employee who
      is an otherwise qualified individual with a disability, if such denial is
      based on the need of such covered entity to make reasonable accommodation
      to the physical or mental impairments of the employee or applicant;
        (6) using qualification standards, employment tests or other selection
      criteria that screen out or tend to screen out an individual with a
      disability or a class of individuals with disabilities unless the
      standard, test or other selection criteria, as used by the covered
      entity, is shown to be job-related for the position in question and is
      consistent with business necessity; and
        (7) failing to select and administer tests concerning employment in the
      most effective manner to ensure that, when such test is administered to a
      job applicant or employee who has a disability that impairs sensory,
      manual, or speaking skills, such test results accurately reflect the
      skills, aptitude, or whatever other factor of such applicant or employee
      that such test purports to measure, rather than reflecting the impaired
      sensory, manual, or speaking skills of such employee or applicant (except
      where such skills are the factors that the test purports to measure).
    (c) Medical Examinations and Inquiries.--
        (1) In general.--The prohibition against discrimination as referred to
      in subsection (a) shall include medical examinations and inquiries.
        (2) Preemployment.--
            (A) Prohibited examination or inquiry.--Except as provided in
          paragraph (3), a covered entity shall not conduct a medical
          examination or make inquiries of a job applicant as to whether such
          applicant is an individual with a disability or as to the nature or
          severity of such disability.
            (B) Acceptable inquiry.--A covered entity may make preemployment
          inquiries into the ability of an applicant to perform job-related
          functions.
        (3) Employment entrance examination.--A covered entity may require a
      medical examination after an offer of employment has been made to a job
      applicant and prior to the commencement of the employment duties of such
      applicant, and may condition an offer of employment on the results of
      such examination, if--
            (A) all entering employees are subjected to such an examination
          regardless of disability;
            (B) information obtained regarding the medical condition or history
          of the applicant is collected and maintained on separate forms and in
          separate medical files and is treated as a confidential medical
          record, except that--
                (i) supervisors and managers may be informed regarding
              necessary restrictions on the work or duties of the employee and
              necessary accommodations;
                (ii) first aid and safety personnel may be informed, when
              appropriate, if the disability might require emergency treatment;
              and
                (iii) government officials investigating compliance with this
              Act shall be provided relevant information on request; and
            (C) the results of such examination are used only in accordance
          with this title.
        (4) Examination and inquiry.--
            (A) Prohibited examinations and inquiries.--A covered entity shall
          not require a medical examination and shall not make inquiries of an
          employee as to whether such employee is an individual with a
          disability or as to the nature or severity of the disability, unless
          such examination or inquiry is shown to be job-related and consistent
          with business necessity.
            (B) Acceptable examinations and inquiries.--A covered entity may
          conduct voluntary medical examinations, including voluntary medical
          histories, which are part of an employee health program available to
          employees at that work site. A covered entity may make inquiries into
          the ability of an employee to perform job-related functions.
            (C) Requirement.--Information obtained under subparagraph (B)
          regarding the medical condition or history of any employee are
          subject to the requirements of subparagraphs (B) and (C) of paragraph
          (3).

  SEC. 103. DEFENSES.
    (a) In General.--It may be a defense to a charge of discrimination under
  this Act that an alleged application of qualification standards, tests, or
  selection criteria that screen out or tend to screen out or otherwise deny a
  job or benefit to an individual with a disability has been shown to be job-
  related and consistent with business necessity, and such performance cannot
  be accomplished by reasonable accommodation, as required under this title.
    (b) Qualification Standards.--The term "qualification standards" may
  include a requirement that an individual shall not pose a direct threat to
  the health or safety of other individuals in the workplace.
    (c) Religious Entities.--
        (1) In general.--This title shall not prohibit a religious corporation,
      association, educational institution, or society from giving preference
      in employment to individuals of a particular religion to perform work
      connected with the carrying on by such corporation, association,
      educational institution, or society of its activities.
        (2) Religious tenets requirement.--Under this title, a religious
      organization may require that all applicants and employees conform to the
      religious tenets of such organization.
    (d) List of Infectious and Communicable Diseases.--
        (1) In general.--The Secretary of Health and Human Services, not later
      than 6 months after the date of enactment of this Act, shall--
            (A) review all infectious and communicable diseases which may be
          transmitted through handling the food supply;
            (B) publish a list of infectious and communicable diseases which
          are transmitted through handling the food supply;
            (C) publish the methods by which such diseases are transmitted; and
            (D) widely disseminate such information regarding the list of
          diseases and their modes of 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.

  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.

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.

  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.

  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 ORGANIZATIONS.
    The provisions of this title shall not apply to private clubs or
  establishments exempted from coverage under title II of the Civil Rights Act
  of 1964 (42 U.S.C. 2000-a(e)) or to religious organizations or entities
  controlled by religious organizations, including places of worship.

  SEC. 308. ENFORCEMENT.
    (a) In General.--
        (1) Availability of remedies and procedures.--The remedies and
      procedures set forth in section 204(a) of the Civil Rights Act of 1964
      (42 U.S.C. 2000a-3(a)) are the remedies and procedures this title
      provides to any person who is being subjected to discrimination on the
      basis of disability in violation of this title or who has reasonable
      grounds for believing that such person is about to be subjected to
      discrimination in violation of section 303. Nothing in this section shall
      require a person with a disability to engage in a futile gesture if such
      person has actual notice that a person or organization covered by this
      title does not intend to comply with its provisions.
        (2) Injunctive relief.--In the case of violations of sections
      302(b)(2)(A)(iv) and section 303(a), injunctive relief shall include an
      order to alter facilities to make such facilities readily accessible to
      and usable by individuals with disabilities to the extent required by
      this title. Where appropriate, injunctive relief shall also include
      requiring the provision of an auxiliary aid or service, modification of a
      policy, or provision of alternative methods, to the extent required by
      this title.
    (b) Enforcement by the Attorney General.--
        (1) Denial of rights.--
            (A) Duty to investigate.--
                (i) In general.--The Attorney General shall investigate alleged
              violations of this title, and shall undertake periodic reviews of
              compliance of covered entities under this title.
                (ii) Attorney general certification.--On the application of a
              State or local government, the Attorney General may, in
              consultation with the Architectural and Transportation Barriers
              Compliance Board, and after prior notice and a public hearing at
              which persons, including individuals with disabilities, are
              provided an opportunity to testify against such certification,
              certify that a State law or local building code or similar
              ordinance that establishes accessibility requirements meets or
              exceeds the minimum requirements of this Act for the
              accessibility and usability of covered facilities under this
              title. At any enforcement proceeding under this section, such
              certification by the Attorney General shall be rebuttable
              evidence that such State law or local ordinance does meet or
              exceed the minimum requirements of this Act.
            (B) Potential violation.--If the Attorney General has reasonable
          cause to believe that--
                (i) any person or group of persons is engaged in a pattern or
              practice of discrimination under this title; or
                (ii) any person or group of persons has been discriminated
              against under this title and such discrimination raises an issue
              of general public importance,
          the Attorney General may commence a civil action in any appropriate
          United States district court.
        (2) Authority of court.--In a civil action under paragraph (1)(B), the
      court--
            (A) may grant any equitable relief that such court considers to be
          appropriate, including, to the extent required by this title--
                (i) granting temporary, preliminary, or permanent relief;
                (ii) providing an auxiliary aid or service, modification of
              policy, practice, or procedure, or alternative method; and
                (iii) making facilities readily accessible to and usable by
              individuals with disabilities;
            (B) may award such other relief as the court considers to be
          appropriate, including monetary damages to persons aggrieved when
          requested by the Attorney General; and
            (C) may, to vindicate the public interest, assess a civil penalty
          against the entity in an amount--
                (i) not exceeding $50,000 for a first violation; and
                (ii) not exceeding $100,000 for any subsequent violation.
        (3) Single violation.--For purposes of paragraph (2)(C), in determining
      whether a first or subsequent violation has occurred, a determination in
      a single action, by judgment or settlement, that the covered entity has
      engaged in more than one discriminatory act shall be counted as a single
      violation.
        (4) Punitive damages.--For purposes of subsection (b)(2)(B), the term
      "monetary damages" and "such other relief" does not include punitive
      damages.
        (5) Judicial consideration.--In a civil action under paragraph (1)(B),
      the court, when considering what amount of civil penalty, if any, is
      appropriate, shall give consideration to any good faith effort or attempt
      to comply with this Act by the entity. In evaluating good faith, the
      court shall consider, among other factors it deems relevant, whether the
      entity could have reasonably anticipated the need for an appropriate type
      of auxiliary aid needed to accommodate the unique needs of a particular
      individual with a disability.

  SEC. 309. EXAMINATIONS AND COURSES.
    Any person that offers examinations or courses related to applications,
  licensing, certification, or credentialing for secondary or postsecondary
  education, professional, or trade purposes shall offer such examinations or
  courses in a place and manner accessible to persons with disabilities or
  offer alternative accessible arrangements for such individuals.

  SEC. 310. EFFECTIVE DATE.
    (a) General Rule.--Except as provided in subsections (b) and (c), this
  title shall become effective 18 months after the date of the enactment of
  this Act.
    (b) Civil Actions.--Except for any civil action brought for a violation of
  section 303, no civil action shall be brought for any act or omission
  described in section 302 which occurs--
        (1) during the first 6 months after the effective date,  against
      businesses that employ 25 or fewer employees and have gross receipts of
      $1,000,000 or less; and
        (2) during the first year after the effective date, against businesses
      that employ 10 or fewer employees and have gross receipts of $500,000 or
      less.
    (c) Exception.--Sections 302(a) for purposes of section 302(b)(2) (B) and
  (C) only, 304(a) for purposes of section 304(b)(3) only, 304(b)(3), 305, and
  306 shall take effect on the date of the enactment of this Act.

  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.".

  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    (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 thisividuals with disabilities.
    (c) Qualified Historic Properties.--
        (1) In general.--The supplemental guidelines issued under subsection
      (a) shall include pro 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 ind), 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.

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