PUBLIC LAW 101-336 JULY 26, 1990 104
STAT. 327
One Hundred First Congress of the United States of America
At the Second Session
Begun and held at the City of Washington on Tuesday, the twenty-third
day of January, one thousand nine hundred and ninety.
An Act: To establish a clear and comprehensive prohibition of
discrimination on the basis of disability.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 42 USC 12101 note.
(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 pertrain
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 byprivate
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 Transporttion Barriers
Compliance Board.
Sec. 505. Attorneys 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. 42USC 12101.
(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 Nations 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. 42 USC 12102
As used in this Act:
(1) Auxiliary aids and services. The term
auxiliary aids and services includes
(A) qualified interpreters or other effective methods of making aurally
delivered materials
available to individuals with hearing impairments;
(B) qualified readers, taped texts, or other effective methods of making
visually delivered
materials available to individuals with visual impairments;
(C) acquisition or modification of equipment or devices; and
(D) other similar services and actions.
(2) Disability. The term
disability means, with respect to an individual
(A) a physical or mental impairment that substantially limits one or
more of the major life
activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment.
(3) State. The term
State means each of the several States, the District of Columbia, the
Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the Trust Territory of the
Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.
TITLE I EMPLOYMENT
SEC. 101. DEFINITIONS. 42 USC 12111
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 individualholds
or desires. For the purposes of this title, consideration shall be given
to the employers 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. 42 USC 12112.
(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 entitys 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 ualified 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-relatedfunctions.
(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. 42 USC 12113.
(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. 42 USC 12114.
(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;
exceptthat 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. 42 USC 12115.
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. 42
USC 12116.
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. 42
USC 12117.
(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. 42
USC 12111 note.
This title shall become effective 24 months after the
date of enactment.
TITLE II PUBLIC SERVICES 42
USC 12131.
Subtitle A Prohibition Against Discrimination and
Other Generally Applicable Provisions
SEC. 201. DEFINITION. 42 USC 12115.
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. 42
USC 12132.
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. 42
USC 12132.
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.
42 USC 12134.
(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. 42
USC 12131 note.
(a) General Rule. Except as provided in subsection
(b), this subtitle shall become effective 18 months
after the date of enactment of this Act.
(b) Exception. Section 204 shall become effective on
the date of enactment of this Act.
Subtitle B Actions Applicable to Public
Transportation Provided by Public Entities
Considered Discriminatory
PART I PUBLIC TRANSPORTATION OTHER THAN
BY AIRCRAFT OR CERTAIN RAIL
OPERATIONS
SEC. 221. DEFINITIONS.
42 USC 12141.
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. 42 USC 12142.
(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 Rehabilittion
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. 42 USC 12143.
(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 fina 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 ublic 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. 42 USC 12144.
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 indviduals equivalent to the level
of service such system provides to individuals
without disabilities.
SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE
UNAVAILABLE. 42 USC 12145.
(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. 42
USC 12146.
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.
42 USC 12147.
(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
designate 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. 42
USC 12148.
(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 individals 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. 42
USC 12149.
(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. 42 USC 12150.
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. 42
USC 12141 note.
(a) General Rule. Except as provided in subsection
(b), this part shall become effective 18 months after
the date of enactment of this Act.
(b) Exception. Sections 222, 223 (other than
subsection (a)), 224, 225, 227(b), 228(b), and 229
shall become effective on the date of enactment of
this Act.
PART II PUBLIC TRANSPORTATION BY INTERCITY
AND COMMUTER RAIL
SEC. 241. DEFINITIONS. 42
USC 12161.
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
Transportaion; 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. 42
USC 12162.
(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 passengers 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 passengers
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 prac
ticable, 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 individul 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 ake 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 persons 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. 42 USC 12163.
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. 42
USC 12164.
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. 42 USC 12165.
(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. 42 USC
12161 note.
(a) General Rule. Except as provided in subsection
(b), this part shall become effective 18 months after
the date of enactment of this Act.
(b) Exception. Sections 242 and 244 shall become
effective on the date of enactment of this Act.
TITLE III PUBLIC ACCOMMODATIONS AND
SERICES OPERATED BY PRIVATE ENTITIES
SEC. 301. DEFINITIONS. 42
USC 12181.
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 detemining 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.
42 USC
12182.
(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 witha 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.
42 USC 12183.
(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 alteratons 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. 42 USC 12184.
(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
scree
n 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 sstem 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. 42
USC 12185.
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-roa 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 Boards
receipt of the draft study shall be incorporated as
part of the final study required to be submitted
under subsection (d).
SEC. 306. REGULATIONS. 42
USC 12186.
(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 Seretary), 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.
42 USC
12187.
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.
42 USC 12188.
(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 subjecte 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 consideation 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.
42 USC 12189.
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. 42
USC 12181 note.
(a) General Rule. Except as provided in subsections
(b) and (c), this title shall become effective 18
months after the date of the enactment of this Act.
(b) Civil Actions. Except for any civil action brought
for a violation of section 303, no civil action shall be
brought for any act or omission described in section
302 which occurs
(1) during the first 6 months after the effective
date, against businesses that employ 25 or fewer
employees and have gross receipts of $1,000,000
or less; and
(2) during the first year after the effective date,
against businesses that employ 10 or fewer
employees and have gross receipts of $500,000 or
less.
(c) Exception. Sections 302(a) for purposes of
section 302(b)(2) (B) and (C) only, 304(a) for
purposes of section 304(b)(3) only, 304(b)(3), 305,
and 306 shall take effect on the date of the
enactment of this Act.
TITLE IV TELECOMMUNICATIONS
SEC. 401. TELECOMMUNICATIONS RELAY
SERVICES FOR HEARING-IMPAIRED AND
SPEECH-IMPAIRED INDIVIDUALS.
(a) Telecommunications. Title II of the
Communications Act of 1934 (47 U.S.C. 201 et
seq.) is amended by adding at the end thereof the
following new section:
SEC. 225. TELECOMMUNICATIONS SERVICES FOR
HEARING-IMPAIRED AND
SPEECH-IMPAIRED INDIVIDUALS.
State and local Governments. 47 USC 225.
(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
prescibed 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 Commissions
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 rcover 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.
47 USC
611.
Any television public service announcement that is
produced or funded in whole or in part by any
agency or instrumentality of Federal Government
shall inclue closed captioning of the verbal content
of such announcement. A television broadcast
station licensee
(1) sh 
