ADA

                                     An Act 
      To establish a clear and comprehensive prohibition of discrimination on 
  the basis of disability. 

  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. 
 

   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. 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 ye?rs 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.