(1)
Commerce.--The term "commerce" means travel, trade, traffic,
commerce, transportation, or communication--
(A)
among the several States;
(B)
between any foreign country or any territory or possession and any
State; or
(C)
between points in the same State but through another State or foreign
country.
(2)
Commercial facilities.--The term "commercial facilities" means
facilities--
(A)
that are intended for nonresidential use; and
(B)
whose operations will affect commerce. Such term shall not include
railroad
locomotives, railroad freight cars, railroad cabooses, railroad cars
described
in section 242 or covered under this title, railroad rights-of-way, or
facilities that are covered or expressly exempted from coverage under
the Fair
Housing Act of 1968 (42 U.S.C. 3601 et seq.).
(3)
Demand responsive system.--The term "demand responsive system" means
any system of providing transportation of individuals by a vehicle,
other than
a system which is a fixed route system.
(4)
Fixed route system.--The term "fixed route system" means a system of
providing transportation of individuals (other than by aircraft) on
which a
vehicle is operated along a prescribed route according to a fixed
schedule.
(5)
Over-the-road bus.--The term "over-the-road bus" means a bus
characterized by an elevated passenger deck located over a baggage
compartment.
(6)
Private entity.--The term "private entity" means any entity other
than a public entity (as defined in section 201(1)).
(7)
Public accommodation.--The following private entities are considered
public
accommodations for purposes of this title, if the operations of such
entities
affect commerce--
(A)
an
inn, hotel, motel, or other place of lodging, except for an
establishment
located within a building that contains not more than five rooms for
rent or
hire and that is actually occupied by the proprietor of such
establishment as
the residence of such proprietor;
(B) a
restaurant, bar, or other establishment serving food or drink;
(C) a
motion picture house, theater, concert hall, stadium, or other place of
exhibition or entertainment;
(D)
an
auditorium, convention center, lecture hall, or other place of public
gathering;
(E) a
bakery, grocery store, clothing store, hardware store, shopping center,
or
other sales or rental establishment;
(F) a
laundromat, dry-cleaner, bank, barber shop, beauty shop, travel
service, shoe
repair service, funeral parlor, gas station, office of an accountant or
lawyer,
pharmacy, insurance office, professional office of a health care
provider,
hospital, or other service establishment;
(G) a
terminal, depot, or other station used for specified public
transportation;
(H) a
museum, library, gallery, or other place of public display or
collection;
(I) a
park, zoo, amusement park, or other place of recreation;
(J) a
nursery, elementary, secondary, undergraduate, or postgraduate private
school,
or other place of education;
(K) a
day care center, senior citizen center, homeless shelter, food bank,
adoption
agency, or other social service center establishment; and
(L) a
gymnasium, health spa, bowling alley, golf course, or other place of
exercise
or recreation.
(8)
Rail and railroad.--The terms "rail" and "railroad" have
the meaning given the term "railroad" in section 202(e) of the
Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).
(9)
Readily achievable.--The term "readily achievable" means easily
accomplishable and able to be carried out without much difficulty or
expense.
In determining whether an action is readily achievable, factors to be
considered include--
(A)
the
nature and cost of the action needed under this Act;
(B)
the
overall financial resources of the facility or facilities involved in
the
action; the number of persons employed at such facility; the effect on
expenses
and resources, or the impact otherwise of such action upon the
operation of the
facility;
(C)
the
overall financial resources of the covered entity; the overall size of
the
business of a covered entity with respect to the number of its
employees; the
number, type, and location of its facilities; and
(D)
the
type of operation or operations of the covered entity, including the
composition, structure, and functions of the workforce of such entity;
the
geographic separateness, administrative or fiscal relationship of the
facility
or facilities in question to the covered entity.
(10)
Specified public transportation.--The term "specified public
transportation" means transportation by bus, rail, or any other
conveyance
(other than by aircraft) that provides the general public with general
or
special service (including charter service) on a regular and continuing
basis.
(11)
Vehicle.--The term "vehicle" does not include a rail passenger car,
railroad locomotive, railroad freight car, railroad caboose, or a
railroad car
described in section 242 or covered under this title.
(a)
General Rule.--No individual shall be discriminated against on
the basis of
disability in the full and equal enjoyment of the goods, services,
facilities,
privileges, advantages, or accommodations of any place of public
accommodation
by any person who owns, leases (or leases to), or operates a place of
public
accommodation.
(b)
Construction.--
(1)
General prohibition.--
(A)
Activities.--
(i)
Denial of participation.--It shall be discriminatory to subject an
individual
or class of individuals on the basis of a disability or disabilities of
such
individual or class, directly, or through contractual, licensing, or
other
arrangements, to a denial of the opportunity of the individual or class
to
participate in or benefit from the goods, services, facilities,
privileges,
advantages, or accommodations of an entity.
(ii)
Participation in unequal benefit.--It shall be discriminatory to afford
an
individual or class of individuals, on the basis of a disability or
disabilities of such individual or class, directly, or through
contractual,
licensing, or other arrangements with the opportunity to participate in
or
benefit from a good, service, facility, privilege, advantage, or
accommodation
that is not equal to that afforded to other individuals.
(iii)
Separate benefit.--It shall be discriminatory to provide an individual
or class
of individuals, on the basis of a disability or disabilities of such
individual
or class, directly, or through contractual, licensing, or other
arrangements
with a good, service, facility, privilege, advantage, or accommodation
that is
different or separate from that provided to other individuals, unless
such
action is necessary to provide the individual or class of individuals
with a
good, service, facility, privilege, advantage, or accommodation, or
other
opportunity that is as effective as that provided to others.
(iv)
Individual or class of individuals.--For purposes of clauses (i)
through (iii)
of this subparagraph, the term "individual or class of individuals"
refers to the clients or customers of the covered public accommodation
that
enters into the contractual, licensing or other arrangement.
(B)
Integrated settings.--Goods, services, facilities, privileges,
advantages, and
accommodations shall be afforded to an individual with a disability in
the most
integrated setting appropriate to the needs of the individual.
(C)
Opportunity to participate.--Notwithstanding the existence of separate
or
different programs or activities provided in accordance with this
section, an
individual with a disability shall not be denied the opportunity to
participate
in such programs or activities that are not separate or different.
(D)
Administrative methods.--An individual or entity shall not, directly or
through
contractual or other arrangements, utilize standards or criteria or
methods of
administration--
(i)
that have the effect of discriminating on the basis of disability; or
(ii)
that perpetuate the discrimination of others who are subject to common
administrative control.
(E)
Association.--It shall be discriminatory to exclude or otherwise deny
equal
goods, services, facilities, privileges, advantages, accommodations, or
other
opportunities to an individual or entity because of the known
disability of an
individual with whom the individual or entity is known to have a
relationship
or association.
(2)
Specific prohibitions.--
(A)
Discrimination.--For purposes of subsection (a), discrimination
includes--
(i)
the
imposition or application of eligibility criteria that screen out or
tend to
screen out an individual with a disability or any class of individuals
with
disabilities from fully and equally enjoying any goods, services,
facilities,
privileges, advantages, or accommodations, unless such criteria can be
shown to
be necessary for the provision of the goods, services, facilities,
privileges,
advantages, or accommodations being offered;
(ii)
a
failure to make reasonable modifications in policies, practices, or
procedures,
when such modifications are necessary to afford such goods, services,
facilities, privileges, advantages, or accommodations to individuals
with
disabilities, unless the entity can demonstrate that making such
modifications
would fundamentally alter the nature of such goods, services,
facilities,
privileges, advantages, or accommodations;
(iii)
a
failure to take such steps as may be necessary to ensure that no
individual
with a disability is excluded, denied services, segregated or otherwise
treated
differently than other individuals because of the absence of auxiliary
aids and
services, unless the entity can demonstrate that taking such steps
would
fundamentally alter the nature of the good, service, facility,
privilege,
advantage, or accommodation being offered or would result in an undue
burden;
(iv)
a
failure to remove architectural barriers, and communication barriers
that are
structural in nature, in existing facilities, and transportation
barriers in
existing vehicles and rail passenger cars used by an establishment for
transporting individuals (not including barriers that can only be
removed
through the retrofitting of vehicles or rail passenger cars by the
installation
of a hydraulic or other lift), where such removal is readily
achievable; and
(v)
where an entity can demonstrate that the removal of a barrier under
clause (iv)
is not readily achievable, a failure to make such goods, services,
facilities,
privileges, advantages, or accommodations available through alternative
methods
if such methods are readily achievable.
(B)
Fixed route system.--
(i)
Accessibility.--It shall be considered discrimination for a private
entity
which operates a fixed route system and which is not subject to section
304 to
purchase or lease a vehicle with a seating capacity in excess of 16
passengers
(including the driver) for use on such system, for which a solicitation
is made
after the 30th day following the effective date of this subparagraph,
that is
not readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(ii)
Equivalent service.--If a private entity which operates a fixed route
system
and which is not subject to section 304 purchases or leases a vehicle
with a
seating capacity of 16 passengers or less (including the driver) for
use on
such system after the effective date of this subparagraph that is not
readily
accessible to or usable by individuals with disabilities, it shall be
considered discrimination for such entity to fail to operate such
system so
that, when viewed in its entirety, such system ensures a level of
service to
individuals with disabilities, including individuals who use
wheelchairs,
equivalent to the level of service provided to individuals without
disabilities.
(C)
Demand responsive system.--For purposes of subsection (a),
discrimination
includes--
(i)
a
failure of a private entity which operates a demand responsive system
and which
is not subject to section 304 to operate such system so that, when
viewed in
its entirety, such system ensures a level of service to individuals
with
disabilities, including individuals who use wheelchairs, equivalent to
the
level of service provided to individuals without disabilities; and
(ii)
the purchase or lease by such entity for use on such system of a
vehicle with a
seating capacity in excess of 16 passengers (including the driver), for
which
solicitations are made after the 30th day following the effective date
of this
subparagraph, that is not readily accessible to and usable by
individuals with
disabilities (including individuals who use wheelchairs) unless such
entity can
demonstrate that such system, when viewed in its entirety, provides a
level of
service to individuals with disabilities equivalent to that provided to
individuals without disabilities.
(D)
Over-the-road buses.--
(i)
Limitation on applicability.—Subparagraphs (B) and (C) do not apply to
over-the-road buses.
(ii)
Accessibility requirements.--For purposes of subsection (a),
discrimination
includes
(I)
the
purchase or lease of an over-the-road bus which does not comply with
the
regulations issued under section 306(a)(2) by a private entity which
provides
transportation of individuals and which is not primarily engaged in the
business of transporting people, and
(II)
any other failure of such entity to comply with such regulations.
(3)
Specific Construction.--Nothing in this title shall require an entity
to permit
an individual to participate in or benefit from the goods, services,
facilities, privileges, advantages and accommodations of such entity
where such
individual poses a direct threat to the health or safety of others. The
term
"direct threat" means a significant risk to the health or safety of
others that cannot be eliminated by a modification of policies,
practices, or
procedures or by the provision of auxiliary aids or services.
(a)
Application of Term.--Except as provided in subsection (b), as
applied to
public accommodations and commercial facilities, discrimination for
purposes of
section 302(a) includes--
(1) a
failure to design and construct facilities for first occupancy later
than 30
months after the date of enactment of this Act that are readily
accessible to
and usable by individuals with disabilities, except where an entity can
demonstrate that it is structurally impracticable to meet the
requirements of
such subsection in accordance with standards set forth or incorporated
by
reference in regulations issued under this title; and
(2)
with respect to a facility or part thereof that is altered by, on
behalf of, or
for the use of an establishment in a manner that affects or could
affect the
usability of the facility or part thereof, a failure to make
alterations in
such a manner that, to the maximum extent feasible, the altered
portions of the
facility are readily accessible to and usable by individuals with
disabilities,
including individuals who use wheelchairs. Where the entity is
undertaking an
alteration that affects or could affect usability of or access to an
area of
the facility containing a primary function, the entity shall also make
the
alterations in such a manner that, to the maximum extent feasible, the
path of
travel to the altered area and the bathrooms, telephones, and drinking
fountains serving the altered area, are readily accessible to and
usable by individuals
with disabilities where such alterations to the path of travel or the
bathrooms, telephones, and drinking fountains serving the altered area
are not
disproportionate to the overall alterations in terms of cost and scope
(as
determined under criteria established by the Attorney General).
(b)
Elevator.--Subsection (a)
shall not be construed to require the installation of an elevator for
facilities that are less than three stories or have less than 3,000
square feet
per story unless the building is a shopping center, a shopping mall, or
the
professional office of a health care provider or unless the Attorney
General
determines that a particular category of such facilities requires the
installation of elevators based on the usage of such facilities.
(a)
General Rule.--No individual shall be discriminated against on
the basis of
disability in the full and equal enjoyment of specified public
transportation
services provided by a private entity that is primarily engaged in the
business
of transporting people and whose operations affect commerce.
(b)
Construction.--For purposes of subsection (a), discrimination
includes--
(1)
the
imposition or application by a entity described in subsection (a) of
eligibility criteria that screen out or tend to screen out an
individual with a
disability or any class of individuals with disabilities from fully
enjoying
the specified public transportation services provided by the entity,
unless
such criteria can be shown to be necessary for the provision of the
services
being offered;
(2)
the
failure of such entity to--
(A)
make reasonable modifications consistent with those required under
section
302(b)(2)(A)(ii);
(B)
provide auxiliary aids and services consistent with the requirements of
section
302(b)(2)(A)(iii); and
(C)
remove barriers consistent with the requirements of section
302(b)(2)(A) and
with the requirements of section 303(a)(2);
(3)
the
purchase or lease by such entity of a new vehicle (other than an
automobile, a
van with a seating capacity of less than 8 passengers, including the
driver, or
an over-the-road bus) which is to be used to provide specified public
transportation and for which a solicitation is made after the 30th day
following the effective date of this section, that is not readily
accessible to
and usable by individuals with disabilities, including individuals who
use
wheelchairs; except that the new vehicle need not be readily accessible
to and
usable by such individuals if the new vehicle is to be used solely in a
demand
responsive system and if the entity can demonstrate that such system,
when
viewed in its entirety, provides a level of service to such individuals
equivalent to the level of service provided to the general public;
(4)(A)
the purchase or lease by such entity of an over-the-road bus which does
not
comply with the regulations issued under section 306(a)(2); and
(B)
any
other failure of such entity to comply with such regulations; and
(5)
the
purchase or lease by such entity of a new van with a seating capacity
of less
than 8 passengers, including the driver, which is to be used to provide
specified public transportation and for which a solicitation is made
after the
30th day following the effective date of this section that is not
readily
accessible to or usable by individuals with disabilities, including
individuals
who use wheelchairs; except that the new van need not be readily
accessible to
and usable by such individuals if the entity can demonstrate that the
system
for which the van is being purchased or leased, when viewed in its
entirety,
provides a level of service to such individuals equivalent to the level
of
service provided to the general public;
(6)
the
purchase or lease by such entity of a new rail passenger car that is to
be used
to provide specified public transportation, and for which a
solicitation is
made later than 30 days after the effective date of this paragraph,
that is not
readily accessible to and usable by individuals with disabilities,
including
individuals who use wheelchairs; and
(7)
the
remanufacture by such entity of a rail passenger car that is to be used
to
provide specified public transportation so as to extend its usable life
for 10
years or more, or the purchase or lease by such entity of such a rail
car,
unless the rail car, to the maximum extent feasible, is made readily
accessible
to and usable by individuals with disabilities, including individuals
who use
wheelchairs.
(c)
Historical or Antiquated Cars.--
(1)
Exception.--To the extent that compliance with subsection (b)(2)(C) or
(b)(7)
would significantly alter the historic or antiquated character of a
historical
or antiquated rail passenger car, or a rail station served exclusively
by such
cars, or would result in violation of any rule, regulation, standard,
or order
issued by the Secretary of Transportation under the Federal Railroad
Safety Act
of 1970, such compliance shall not be required.
(2)
Definition.--As used in this subsection, the term "historical or
antiquated rail passenger car" means a rail passenger car--
(A)
which is not less than 30 years old at the time of its use for
transporting
individuals;
(B)
the
manufacturer of which is no longer in the business of manufacturing
rail passenger
cars; and
(C)
which--
(i)
has
a consequential association with events or persons significant to the
past; or
(ii)
embodies, or is being restored to embody, the distinctive
characteristics of a
type of rail passenger car used in the past, or to represent a time
period
which has passed.
(a)
Purposes.--The Office of Technology Assessment shall undertake a
study to
determine--
(1)
the
access needs of individuals with disabilities to over-the-road buses
and
over-the-road bus service; and
(2)
the
most cost-effective methods for providing access to over-the- road
buses and
over-the-road bus service to individuals with disabilities,
particularly
individuals who use wheelchairs, through all forms of boarding options.
(b)
Contents.--The study shall include, at a minimum, an analysis of
the following:
(1)
The
anticipated demand by individuals with disabilities for accessible
over-the-road buses and over-the-road bus service.
(2)
The
degree to which such buses and service, including any service required
under
sections 304(b)(4) and 306(a)(2), are readily accessible to and usable
by
individuals with disabilities.
(3)
The
effectiveness of various methods of providing accessibility to such
buses and
service to individuals with disabilities.
(4)
The
cost of providing accessible over-the-road buses and bus service to
individuals
with disabilities, including consideration of recent technological and
cost
saving developments in equipment and devices.
(5)
Possible design changes in over-the-road buses that could enhance
accessibility, including the installation of accessible restrooms which
do not
result in a loss of seating capacity.
(6)
The
impact of accessibility requirements on the continuation of
over-the-road bus
service, with particular consideration of the impact of such
requirements on
such service to rural communities.
(c)
Advisory Committee.--In conducting the study required by
subsection (a), the
Office of Technology Assessment shall establish an advisory committee,
which
shall consist of--
(1)
members
selected from among private operators and manufacturers of
over-the-road buses;
(2)
members selected from among individuals with disabilities, particularly
individuals who use wheelchairs, who are potential riders of such
buses; and
(3)
members selected for their technical expertise on issues included in
the study,
including manufacturers of boarding assistance equipment and devices.
The
number of members selected under each of paragraphs (1) and (2)
shall be equal, and the total number of members selected under
paragraphs (1) and (2)
shall exceed the number of members selected under paragraph (3).
(d)
Deadline.--The study required by subsection (a), along with
recommendations by
the Office of Technology Assessment, including any policy options for
legislative
action, shall be submitted to the President and Congress within 36
months after
the date of the enactment of this Act. If the President determines that
compliance with the regulations issued pursuant to section 306(a)(2)(B)
on or
before the applicable deadlines specified in section 306(a)(2)(B) will
result
in a significant reduction in intercity over-the-road bus service, the
President shall extend each such deadline by 1 year.
(e)
Review.--In developing the study required by subsection (a), the
Office of
Technology Assessment shall provide a preliminary draft of such study
to the
Architectural and Transportation Barriers Compliance Board established
under
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). The
Board shall
have an opportunity to comment on such draft study, and any such
comments by
the Board made in writing within 120 days after the Board's receipt of
the
draft study shall be incorporated as part of the final study required
to be
submitted under subsection (d).
(a)
Transportation Provisions.--
(1)
General rule.--Not later than 1 year after the date of the enactment of
this
Act, the Secretary of Transportation shall issue regulations in an
accessible
format to carry out sections 302(b)(2) (B) and (C) and
to carry out section 304 (other than subsection (b)(4)).
(2)
Special rules for providing access to over-the-road buses.--
(A)
Interim requirements.--
(i)
Issuance.--Not later than 1 year after the date of the enactment of
this Act,
the Secretary of Transportation shall issue regulations in an
accessible format
to carry out sections 304(b)(4) and 302(b)(2)(D)(ii) that require each
private
entity which uses an over-the-road bus to provide transportation of
individuals
to provide accessibility to such bus; except that such regulations
shall not
require any structural changes in over-the-road buses in order to
provide
access to individuals who use wheelchairs during the effective period
of such
regulations and shall not require the purchase of boarding assistance
devices
to provide access to such individuals.
(ii)
Effective period.--The regulations issued pursuant to this subparagraph
shall
be effective until the effective date of the regulations issued under
subparagraph (B).
(B)
Final requirement.--
(i)
Review of study and interim requirements.--The Secretary shall review
the study
submitted under section 305 and the regulations issued pursuant to
subparagraph
(A).
(ii)
Issuance.--Not later than 1 year after the date of the submission of
the study
under section 305, the Secretary shall issue in an accessible format
new
regulations to carry out sections 304(b)(4) and 302(b)(2)(D)(ii) that
require,
taking into account the purposes of the study under section 305 and any
recommendations resulting from such study, each private entity which
uses an
over-the-road bus to provide transportation to individuals to provide
accessibility to such bus to individuals with disabilities, including
individuals who use wheelchairs.
(iii)
Effective period.--Subject to section 305(d), the regulations issued
pursuant
to this subparagraph shall take effect--
(I)
with respect to small providers of transportation (as defined by the
Secretary), 7 years after the date of the enactment of this Act; and
(II)
with respect to other providers of transportation, 6 years after such
date of
enactment.
(C)
Limitation on requiring installation of accessible restrooms.-- The
regulations
issued pursuant to this paragraph shall not require the installation of
accessible restrooms in over-the-road buses if such installation would
result
in a loss of seating capacity.
(3)
Standards.--The regulations issued pursuant to this subsection shall
include
standards applicable to facilities and vehicles covered by sections
302(b)(2)
and 304.
(b)
Other Provisions.--Not later than 1 year after the date of the
enactment of
this Act, the Attorney General shall issue regulations in an accessible
format
to carry out the provisions of this title not referred to in subsection
(a)
that include standards applicable to facilities and vehicles covered
under
section 302.
(c)
Consistency With ATBCB Guidelines.--Standards included in
regulations issued
under subsections (a) and (b) shall be consistent with the minimum
guidelines
and requirements issued by the Architectural and Transportation
Barriers
Compliance Board in accordance with section 504 of this Act.
(d)
Interim Accessibility Standards.--
(1)
Facilities.--If final regulations have not been issued pursuant to this
section, for new construction or alterations for which a valid and
appropriate
State or local building permit is obtained prior to the issuance of
final
regulations under this section, and for which the construction or
alteration
authorized by such permit begins within one year of the receipt of such
permit
and is completed under the terms of such permit, compliance with the
Uniform
Federal Accessibility Standards in effect at the time the building
permit is
issued shall suffice to satisfy the requirement that facilities be
readily
accessible to and usable by persons with disabilities as required under
section
303, except that, if such final regulations have not been issued one
year after
the Architectural and Transportation Barriers Compliance Board has
issued the
supplemental minimum guidelines required under section 504(a) of this
Act,
compliance with such supplemental minimum guidelines shall be necessary
to
satisfy the requirement that facilities be readily accessible to and
usable by
persons with disabilities prior to issuance of the final regulations.
(2)
Vehicles and rail passenger cars.--If final regulations have not been
issued
pursuant to this section, a private entity shall be considered to have
complied
with the requirements of this title, if any, that a vehicle or rail
passenger
car be readily accessible to and usable by individuals with
disabilities, if
the design for such vehicle or car complies with the laws and
regulations
(including the Minimum Guidelines and Requirements for Accessible
Design and
such supplemental minimum guidelines as are issued under section 504(a)
of this
Act) governing accessibility of such vehicles or cars, to the extent
that such
laws and regulations are not inconsistent with this title and are in
effect at
the time such design is substantially completed.
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.
(a)
In
General.--
(1)
Availability of remedies and procedures.--The remedies and procedures
set forth
in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000a-3(a)) are
the remedies and procedures this title provides to any person who is
being
subjected to discrimination on the basis of disability in violation of
this
title or who has reasonable grounds for believing that such person is
about to
be subjected to discrimination in violation of section 303. Nothing in
this
section shall require a person with a disability to engage in a futile
gesture
if such person has actual notice that a person or organization covered
by this
title does not intend to comply with its provisions.
(2)
Injunctive relief.--In the case of violations of sections
302(b)(2)(A)(iv) and
section 303(a), injunctive relief shall include an order to alter
facilities to
make such facilities readily accessible to and usable by individuals
with
disabilities to the extent required by this title. Where appropriate,
injunctive relief shall also include requiring the provision of an
auxiliary
aid or service, modification of a policy, or provision of alternative
methods,
to the extent required by this title.
(b)
Enforcement by the Attorney General.--
(1)
Denial of rights.--
(A)
Duty to investigate.--
(i)
In
general.--The Attorney General shall investigate alleged violations of
this
title, and shall undertake periodic reviews of compliance of covered
entities
under this title.
(ii)
Attorney general certification.--On the application of a State or local
government, the Attorney General may, in consultation with the
Architectural
and Transportation Barriers Compliance Board, and after prior notice
and a
public hearing at which persons, including individuals with
disabilities, are
provided an opportunity to testify against such certification, certify
that a
State law or local building code or similar ordinance that establishes
accessibility requirements meets or exceeds the minimum requirements of
this
Act for the accessibility and usability of covered facilities under
this title.
At any enforcement proceeding under this section, such certification by
the
Attorney General shall be rebuttable evidence that such State law or
local
ordinance does meet or exceed the minimum requirements of this Act.
(B)
Potential violation.--If the Attorney General has reasonable cause to
believe
that--
(i)
any
person or group of persons is engaged in a pattern or practice of
discrimination under this title; or
(ii)
any person or group of persons has been discriminated against under
this title
and such discrimination raises an issue of general public importance,
the
Attorney General may commence a civil action in any appropriate United
States
district court.
(2)
Authority of court.--In a civil action under paragraph (1)(B), the
court--
(A)
may
grant any equitable relief that such court considers to be appropriate,
including, to the extent required by this title--
(i)
granting temporary, preliminary, or permanent relief;
(ii)
providing an auxiliary aid or service, modification of policy,
practice, or
procedure, or alternative method; and
(iii)
making facilities readily accessible to and usable by individuals with
disabilities;
(B)
may
award such other relief as the court considers to be appropriate,
including
monetary damages to persons aggrieved when requested by the Attorney
General;
and
(C)
may, to vindicate the public interest, assess a civil penalty against
the
entity in an amount--
(i)
not
exceeding $50,000 for a first violation; and
(ii)
not exceeding $100,000 for any subsequent violation.
(3)
Single violation.--For purposes of paragraph (2)(C), in determining
whether a
first or subsequent violation has occurred, a determination in a single
action,
by judgment or settlement, that the covered entity has engaged in more
than one
discriminatory act shall be counted as a single violation.
(4)
Punitive damages.--For purposes of subsection (b)(2)(B), the term
"monetary damages" and "such other relief" does not include
punitive damages.
(5)
Judicial consideration.--In a civil action under paragraph (1)(B), the
court,
when considering what amount of civil penalty, if any, is appropriate,
shall
give consideration to any good faith effort or attempt to comply with
this Act
by the entity. In evaluating good faith, the court shall consider,
among other
factors it deems relevant, whether the entity could have reasonably
anticipated
the need for an appropriate type of auxiliary aid needed to accommodate
the
unique needs of a particular individual with a disability.
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.
(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.