(a)
In
General.--Except as otherwise provided in this Act, nothing in
this Act shall
be construed to apply a lesser standard than the standards applied
under
title V
of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or the
regulations
issued by Federal agencies pursuant to such title.
(b)
Relationship to Other Laws.--Nothing in this Act shall be
construed to
invalidate or limit the remedies, rights, and procedures of any Federal
law or
law of any State or political subdivision of any State or jurisdiction
that
provides greater or equal protection for the rights of individuals with
disabilities than are afforded by this Act. Nothing in this Act shall
be
construed to preclude the prohibition of, or the imposition of
restrictions on,
smoking in places of employment covered by title I, in transportation
covered
by title II or III, or in places of public accommodation covered by
title III.
(c)
Insurance.--Titles I through IV of this Act shall not be
construed to prohibit
or restrict--
(1)
an
insurer, hospital or medical service company, health maintenance
organization,
or any agent, or entity that administers benefit plans, or similar
organizations from underwriting risks, classifying risks, or
administering such
risks that are based on or not inconsistent with State law; or
(2) a
person or organization covered by this Act from establishing,
sponsoring,
observing or administering the terms of a bona fide benefit plan that
are based
on underwriting risks, classifying risks, or administering such risks
that are based
on or not inconsistent with State law; or
(3) a
person or organization covered by this Act from establishing,
sponsoring,
observing or administering the terms of a bona fide benefit plan that
is not
subject to State laws that regulate insurance. Paragraphs (1), (2), and
(3)
shall not be used as a subterfuge to evade the purposes of title I and
III.
(d)
Accommodations and Services.--Nothing in this Act shall be
construed to require
an individual with a disability to accept an accommodation, aid,
service,
opportunity, or benefit which such individual chooses not to accept.
A State shall not be immune
under the eleventh amendment
to the Constitution of the United States from an action in Federal or
State
court of competent jurisdiction for a violation of this Act. In any
action
against a State for a violation of the requirements of this Act,
remedies
(including remedies both at law and in equity) are available for such a
violation to the same extent as such remedies are available for such a
violation in an action against any public or private entity other than
a State.
(a)
Retaliation.--No person shall discriminate against any
individual because such
individual has opposed any act or practice made unlawful by this Act or
because
such individual made a charge, testified, assisted, or participated in
any
manner in an investigation, proceeding, or hearing under this Act.
(b)
Interference, Coercion, or Intimidation.--It shall be unlawful
to coerce,
intimidate, threaten, or interfere with any individual in the exercise
or
enjoyment of, or on account of his or her having exercised or enjoyed,
or on
account of his or her having aided or encouraged any other individual
in the
exercise or enjoyment of, any right granted or protected by this Act.
(c)
Remedies and Procedures.--The remedies and procedures available
under sections
107, 203, and 308 of this Act shall be available to aggrieved persons
for
violations of subsections (a) and (b), with respect to title I, title
II and title
III, respectively.
(a)
Issuance of Guidelines.--Not later than 9 months after the date
of enactment of
this Act, the Architectural and Transportation Barriers Compliance
Board shall issue minimum guidlines that shall supplement the
existing Minimum Guidelines and Requirements for Accessible
Design for purposes of titles II and III of this Act.
(b)
Contents of Guidelines.--The supplemental guidelines issued
under subsection
(a) shall establish additional requirements, consistent with this Act,
to
ensure that buildings, facilities, rail passenger cars, and vehicles
are
accessible, in terms of architecture and design, transportation, and
communication, to individuals with disabilities.
(c)
Qualified Historic Properties.--
(1)
In
general.--The supplemental guidelines issued under subsection (a) shall
include
pro cedures and requirements for alterations that will threaten
or destroy the historic significance of qualified historic build ings
and facilities as defined in 4.1.7(1)(a) of the Uniform Federal
Accessibility Standards.
(2)
Sites eligible for listing in national register.--With respect to
alterations of building or facilities that are eligible for listing in
the National Register of Historic Places under the National Historic
Preservation Act (16 U.S.C. 470 et seq.),, the guidelines described in
paragraph (1)
shall, at a
minimum, maintain the procedures and requirements established in 4.1.7
(1) and (2)
of the Uniform Federal Accessibility Standards.
(3)
Other sites.--With respect to alterations of buildings or facilities
designated
as historic under State or local law, the guidelines described in
paragraph (1)
shall establish procedures equivalent to those established by 4.1.7(1)
(b) and (c)
of the Uniform Federal Accessibility Standards, and shall require, at a
minimum, compliance with the requirements established in 4.1.7(2) of
such
standards.
In any action or administrative
proceeding commenced
pursuant to this Act, the court or agency, in its discretion, may allow
the
prevailing party, other than the United States, a reasonable attorney's
fee,
including litigation expenses, and costs, and the United States shall
be liable
for the foregoing the same as a private individual.
(a)
Plan for Assistance.--
(1)
In
general.--Not later than 180 days after the date of enactment of this
Act, the
Attorney General, in consultation with the Chair of the Equal
Employment
Opportunity Commission, the Secretary of Transportation, the Chair of
the
Architectural and Transportation Barriers Compliance Board, and the
Chairman of
the Federal Communications Commission, shall develop a plan to assist
entities
covered under this Act, and other Federal agencies, in understanding
the
responsibility of such entities and agencies under this Act.
(2)
Publication of plan.--The Attorney General shall publish the plan
referred to
in paragraph (1) for public comment in accordance with subchapter II of
chapter
5 of title 5, United States Code (commonly known as the Administrative
Procedure Act).
(b)
Agency and Public Assistance.--The Attorney General may obtain
the assistance
of other Federal agencies in carrying out subsection (a), including the
National Council on Disability, the President's Committee on Employment
of
People with Disabilities, the Small Business Administration, and the
Department
of Commerce.
(c)
Implementation.--
(1)
Rendering assistance.--Each Federal agency that has responsibility
under
paragraph (2) for implementing this Act may render technical assistance
to
individuals and institutions that have rights or duties under the
respective title
or titles for which such agency has responsibility.
(2)
Implementation of titles.--
(A)
title
I.--The Equal Employment Opportunity Commission and the Attorney
General shall
implement the plan for assistance developed under subsection (a), for
title I.
(B)
title
II.--
(i)
Subtitle
a.--The Attorney General shall implement such plan for assistance for
subtitle
A of title II.
(ii)
Subtitle b.--The Secretary of Transportation shall implement such plan
for
assistance for subtitle B of title II.
(C)
title
III.--The Attorney General, in coordination with the Secretary of
Transportation
and the Chair of the Architectural Transportation Barriers Compliance
Board,
shall implement such plan for assistance for title III, except for
section 304,
the plan for assistance for which shall be implemented by the Secretary
of
Transportation.
(D)
title
IV.--The Chairman of the Federal Communications Commission, in
coordination
with the Attorney General, shall implement such plan for assistance for
title
IV.
(3)
Technical assistance manuals.--Each Federal agency that has
responsibility under
paragraph (2) for implementing this Act shall, as part of its
implementation
responsibilities, ensure the availability and provision of appropriate
technical assistance manuals to individuals or entities with rights or
duties
under this Act no later than six months after applicable final
regulations are
published under titles I, II, III, and IV.
(d)
Grants and Contracts.--
(1)
In
general.--Each Federal agency that has responsibility under subsection
(c)(2)
for implementing this Act may make grants or award contracts to
effectuate the
purposes of this section, subject to the availability of
appropriations. Such
grants and contracts may be awarded to individuals, institutions not
organized
for profit and no part of the net earnings of which inures to the
benefit of
any private shareholder or individual (including educational
institutions), and
associations representing individuals who have rights or duties under
this Act.
Contracts may be awarded to entities organized for profit, but such
entities
may not be the recipients or grants described in this paragraph.
(2)
Dissemination of information.--Such grants and contracts, among other
uses, may
be designed to ensure wide dissemination of information about the
rights and
duties established by this Act and to provide information and technical
assistance about techniques for effective compliance with this Act.
(e)
Failure to Receive Assistance.--An employer, public
accommodation, or other
entity covered under this Act shall not be excused from compliance with
the
requirements of this Act because of any failure to receive technical
assistance
under this section, including any failure in the development or
dissemination
of any technical assistance manual authorized by this section.
(a)
Study.--The National Council on Disability shall conduct a study
and report on
the effect that wilderness designations and wilderness land management
practices have on the ability of individuals with disabilities to use
and enjoy
the National Wilderness Preservation System as established under the
Wilderness
Act (16 U.S.C. 1131 et seq.).
(b)
Submission of Report.--Not later than 1 year after the enactment
of this Act,
the National Council on Disability shall submit the report required
under
subsection (a) to Congress.
(c)
Specific Wilderness Access.--
(1)
In
general.--Congress reaffirms that nothing in the Wilderness Act is to
be
construed as prohibiting the use of a wheelchair in a wilderness area
by an
individual whose disability requires use of a wheelchair, and
consistent with
the Wilderness Act no agency is required to provide any form of special
treatment or accommodation, or to construct any facilities or modify
any
conditions of lands within a wilderness area in order to facilitate
such use.
(2)
Definition.--For purposes of paragraph (1), the term "wheelchair"
means a device designed solely for use by a mobility-impaired person
for
locomotion, that is suitable for use in an indoor pedestrian area.
For the purposes of this Act,
the term "disabled"
or "disability" shall not apply to an individual solely because that
individual is a transvestite.
(a)
Coverage of the Senate.--
(1)
Commitment to Rule XLII.--The Senate reaffirms its commitment to Rule
XLII of
the Standing Rules of the Senate which provides as follows: "No member,
officer, or employee of the Senate shall, with respect to employment by
the
Senate or any office thereof--
(A)
fail or refuse to hire an individual;
(B)
discharge an individual; or
(C)
otherwise discriminate against an individual with respect to promotion,
compensation, or terms, conditions, or privileges of employment on the
basis of
such individual's race, color, religion, sex, national origin, age, or
state of
physical handicap.".
(2)
Application to Senate employment.--The rights and protections provided
pursuant
to this Act, the Civil Rights Act of 1990 (S.
2104, 101st Congress), the Civil Rights Act of 1964, the Age
Discrimination in
Employment Act of 1967, and the Rehabilitation Act of 1973 shall apply
with
respect to employment by the United States Senate.
(3)
Investigation and adjudication of claims.--All claims raised by any
individual
with respect to Senate employment, pursuant to the Acts referred to in
paragraph (2), shall be investigated and adjudicated by the Select
Committee on
Ethics, pursuant to S. Res. 338, 88th Congress, as amended, or such
other
entity as the Senate may designate.
(4)
Rights of employees.--The Committee on Rules and Administration shall
ensure
that Senate employees are informed of their rights under the Acts
referred to
in paragraph (2).
(5)
Applicable Remedies.--When assigning remedies to individuals found to
have a
valid claim under the Acts referred to in paragraph (2), the Select
Committee
on Ethics, or such other entity as the Senate may designate, should to
the
extent practicable apply the same remedies applicable to all other
employees
covered by the Acts referred to in paragraph (2). Such remedies shall
apply
exclusively.
(6)
Matters Other Than Employment.--
(A)
In
General.--The rights and protections under this Act shall, subject to
subparagraph (B), apply with respect to the conduct of the Senate
regarding
matters other than employment.
(B)
Remedies.--The Architect of the Capitol shall establish remedies and
procedures
to be utilized with respect to the rights and protections provided
pursuant to
subparagraph (A). Such remedies and procedures shall apply exclusively,
after
approval in accordance with subparagraph (C).
(C)
Proposed remedies and procedures.--For purposes of subparagraph (B),
the
Architect of the Capitol shall submit proposed remedies and procedures
to the
Senate Committee on Rules and Administration. The remedies and
procedures shall
be effective upon the approval of the Committee on Rules and
Administration.
(7)
Exercise of rulemaking power.--Notwithstanding any other provision of
law,
enforcement and adjudication of the rights and protections referred to
in
paragraph (2) and
(6)(A)
shall be within the exclusive jurisdiction of the United States Senate.
The
provisions of paragraph (1), (3), (4), (5), (6)(B), and (6)(C) are
enacted by
the Senate as an exercise of the rulemaking power of the Senate, with
full
recognition of the right of the Senate to change its rules, in the same
manner,
and to the same extent, as in the case of any other rule of the Senate.
(b)
Coverage of the House of Representatives.--
(1)
In
general.--Notwithstanding any other provision of this Act or of law,
the
purposes of this Act shall, subject to paragraphs (2) and (3), apply in
their
entirety to the House of Representatives.
(2)
Employment in the house.--
(A)
Application.--The rights and protections under this Act shall, subject
to
subparagraph (B), apply with respect to any employee in an employment
position
in the House of Representatives and any employing authority of the
House of
Representatives.
(B)
Administration.--
(i)
In
general.--In the administration of this paragraph, the remedies and
procedures
made applicable pursuant to the resolution described in clause
(ii)
shall apply exclusively.
(ii)
Resolution.--The resolution referred to in clause (i) is House
Resolution 15 of
the One Hundred First Congress, as agreed to January 3, 1989, or any
other
provision that continues in effect the provisions of, or is a successor
to, the
Fair Employment Practices Resolution (House Resolution 558 of the One
Hundredth
Congress, as agreed to October 4, 2020).
(C)
Exercise of rulemaking power.--The provisions of subparagraph (B) are
enacted
by the House of Representatives as an exercise of the rulemaking power
of the
House of Representatives, with full recognition of the right of the
House to
change its rules, in the same manner, and to the same extent as in the
case of
any other rule of the House.
(3)
Matters other than employment.--
(A)
In
general.--The rights and protections under this Act shall, subject to
subparagraph (B), apply with respect to the conduct of the House of
Representatives regarding matters other than employment.
(B)
Remedies.--The Architect of the Capitol shall establish remedies and
procedures
to be utilized with respect to the rights and protections provided
pursuant to
subparagraph (A). Such remedies and procedures shall apply exclusively,
after
approval in accordance with subparagraph (C).
(C)
Approval.--For purposes of subparagraph (B), the Architect of the
Capitol shall
submit proposed remedies and procedures to the Speaker of the House of
Representatives. The remedies and procedures shall be effective upon
the
approval of the Speaker, after consultation with the House Office
Building
Commission.
(c)
Instrumentalities of Congress.--
(1)
In
general.--The rights and protections under this Act shall, subject to
paragraph
(2), apply with respect to the conduct of each instrumentality of the
Congress.
(2)
Establishment of remedies and procedures by instrumentalities.--The
chief
official of each instrumentality of the Congress shall establish
remedies and
procedures to be utilized with respect to the rights and protections
provided
pursuant to paragraph (1). Such remedies and procedures shall apply
exclusively.
(3)
Report to congress.--The chief official of each instrumentality of the
Congress
shall, after establishing remedies and procedures for purposes of
paragraph
(2), submit to the Congress a report describing the remedies and
procedures.
(4)
Definition of instrumentalities.--For purposes of this section,
instrumentalities of the Congress include the following: the Architect
of the
Capitol, the Congressional Budget Office, the General Accounting
Office, the
Government Printing Office, the Library of Congress, the Office of
Technology
Assessment, and the United States Botanic Garden.
(5)
Construction.--Nothing in this section shall alter the enforcement
procedures
for individuals with disabilities provided in the General Accounting
Office
Personnel Act of 1980 and regulations promulgated pursuant to that Act.
(a)
In
General.--For purposes of this Act, the term "individual with a
disability" does not include an individual who is currently engaging in
the illegal use of drugs, when the covered entity acts on the basis of
such
use.
(b)
Rules of Construction.--Nothing in subsection (a) shall be
construed to exclude
as an individual with a disability an individual who--
(1)
has
successfully completed a supervised drug rehabilitation program and is
no
longer engaging in the illegal use of drugs, or has otherwise been
rehabilitated successfully and is no longer engaging in such use;
(2)
is
participating in a supervised rehabilitation program and is no longer
engaging
in such use; or
(3)
is
erroneously regarded as engaging in such use, but is not engaging in
such use;
except that it shall not be a violation of this Act for a covered
entity to
adopt or administer reasonable policies or procedures, including but
not
limited to drug testing, designed to ensure that an individual
described in
paragraph (1) or (2) is no longer engaging in the illegal use of drugs;
however, nothing in this section shall be construed to encourage,
prohibit,
restrict, or authorize the conducting of testing for the illegal use of
drugs.
(c)
Health and Other Services.--Notwithstanding subsection (a) and
section
511(b)(3), an individual shall not be denied health services, or
services
provided in connection with drug rehabilitation, on the basis of the
current
illegal use of drugs if the individual is otherwise entitled to such
services.
(d)
Definition of Illegal use of drugs.--
(1)
In
general.--The term "illegal use of drugs" means the use of drugs, the
possession or distribution of which is unlawful under the Controlled
Substances
Act (21 U.S.C. 812). Such term does not include the use of a drug taken
under
supervision by a licensed health care professional, or other uses
authorized by
the Controlled Substances Act or other provisions of Federal law.
(2)
Drugs.--The term "drug" means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled Substances Act.
(a)
Homosexuality and Bisexuality.--For purposes of the definition
of
"disability" in section 3(2), homosexuality and bisexuality are not
impairments and as such are not disabilities under this Act.
(b)
Certain Conditions.--Under this Act, the term "disability" shall
not
include--
(1)
transvestism, transsexualism, pedophilia, exhibitionism, voyeurism,
gender
identity disorders not resulting from physical impairments, or other
sexual
behavior disorders;
(2)
compulsive gambling, kleptomania, or pyromania; or
(3)
psychoactive substance use disorders resulting from current illegal use
of
drugs.
(a)
Definition of Handicapped Individual.--Section 7(8) of the
Rehabilitation Act
of 1973 (29 U.S.C. 706(8)) is amended by redesignating subparagraph (C)
as
subparagraph (D), and by inserting after subparagraph (B) the following
subparagraph:
"(C)(i)
For purposes of title V, the term 'individual with handicaps' does not
include
an individual who is currently engaging in the illegal use of drugs,
when a
covered entity acts on the basis of such use.
(ii)
Nothing in clause (i) shall be construed to exclude as an individual
with
handicaps an individual who--
(I) has
successfully completed a supervised drug rehabilitation program and is
no
longer engaging in the illegal use of drugs, or has otherwise been
rehabilitated successfully and is no longer engaging in such use;
(II) is
participating in a supervised rehabilitation program and is no longer
engaging
in such use; or
(III)
is erroneously regarded as engaging in such use, but is not engaging in
such
use; except that it shall not be a violation of this Act for a covered
entity
to adopt or administer reasonable policies or procedures, including but
not
limited to drug testing, designed to ensure that an individual
described in
subclause (I) or (II) is no longer engaging in the illegal use of
drugs.
(iii)
Notwithstanding clause (i), for purposes of programs and activities
providing
health services and services provided under titles I, II and III, an
individual
shall not be excluded from the benefits of such programs or activities
on the
basis of his or her current illegal use of drugs if he or she is
otherwise
entitled to such services.
(iv)
For purposes of programs and activities providing educational services,
local
educational agencies may take disciplinary action pertaining to the use
or
possession of illegal drugs or alcohol against any handicapped student
who
currently is engaging in the illegal use of drugs or in the use of
alcohol to
the same extent that such disciplinary action is taken against
nonhandicapped
students. Furthermore, the due process procedures at 34 CFR 104.36
shall not
apply to such disciplinary actions.
(v) For
purposes of sections 503 and 504 as such sections relate to employment,
the
term 'individual with handicaps' does not include any individual who is
an
alcoholic whose current use of alcohol prevents such individual from
performing
the duties of the job in question or whose employment, by reason of
such
current alcohol abuse, would constitute a direct threat to property or
the
safety of others.".
(b)
Definition of Illegal Drugs.--Section 7 of the Rehabilitation
Act of 1973 (29
U.S.C. 706) is amended by adding at the end the following new
paragraph:
"(22)(A)
The term 'drug' means a controlled substance, as defined in schedules I
through
V of section 202 of the Controlled Substances Act (21 U.S.C. 812).
(B) The
term 'illegal use of drugs' means the use of drugs, the possession or
distribution of which is unlawful under the Controlled Substances Act.
Such
term does not include the use of a drug taken under supervision by a
licensed
health care professional, or other uses authorized by the Controlled
Substances
Act or other provisions of Federal law.".
(c)
Conforming Amendments.--Section 7(8)(B) of the Rehabilitation
Act of 1973 (29
U.S.C. 706(8)(B)) is amended--
(1)
in
the first sentence, by striking "Subject to the second sentence of this
subparagraph," and inserting "Subject to subparagraphs (C) and (D),";
and
(2)
by
striking the second sentence.
Where appropriate and to the
extent authorized by law, the use of alternative means of dispute
resolution,
including settlement negotiations, conciliation, facilitation,
mediation,
factfinding, minitrials, and arbitration, is encouraged to resolve
disputes
arising under this Act.
Should any provision in this Act
be found to be
unconstitutional by a court of law, such provision shall be severed
from the
remainder of the Act, and such action shall not affect the
enforceability of
the remaining provisions of the Act.