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Index Number: 12521

Sec. 103. DEFENSES.

(a) In General. It may be a defense to a charge of discrimination
under this Act that an alleged application of qualification
standards, tests, or selection criteria that screen out or tend to
screen out or otherwise deny a job or benefit to an individual with
a disability has been shown to be job-related and consistent with
business necessity, and such performance cannot be accomplished by
reasonable accommodation, as required under this title.

(b) Qualification Standards. The term ``qualification standards''
may include a requirement that an individual shall not pose a
direct threat to the health or safety of other individuals in the
workplace.

(c) Religious Entities.
     (1) In general. This title shall not prohibit a religious
corporation, association, educational institution, or society from
giving preference in employment to individuals of a particular
religion to perform work connected with the carrying on by such
corporation, association, educational institution, or society of
its activities.
     (2) Religious tenets requirement. Under this title, a
religious organization may require that all applicants and
employees conform to the religious tenets of such organization.

(d) List of Infectious and Communicable Diseases.
     (1) In general. The Secretary of Health and Human Services,
not later than 6 months after the date of enactment of this Act,
shall
          (A) review all infectious and communicable diseases which
may be transmitted through handling the food supply;
          (B) publish a list of infectious and communicable
diseases which are transmitted through handling the food supply;
          (C) publish the methods by which such diseases are
transmitted; and
          (D) widely disseminate such information regarding the
list of diseases and their modes of transmissability to the general
public. Such list shall be updated annually.
     (2) Applications. In any case in which an individual has an
infectious or communicable disease that is transmitted to others
through the handling of food, that is included on the list
developed by the Secretary of Health and Human Services under
paragraph (1), and which cannot be eliminated by reasonable
accommodation, a covered entity may refuse to assign or continue to
assign such individual to a job involving food handling.
     (3) Construction. Nothing in this Act shall be construed to
preempt, modify, or amend any State, county, or local law,
ordinance, or regulation applicable to food handling which is
designed to protect the public health from individuals who pose a
significant risk to the health or safety of others, which cannot be
eliminated by reasonable accommodation, pursuant to the list of
infectious or communicable diseases and the modes of
transmissability published by the Secretary of Health and Human
Services.

Sec. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.

(a) Qualified Individual With a Disability. For purposes of this
title, the term ``qualified individual with a disability'' shall
not include any employee or applicant who is currently engaging in
the illegal use of drugs, when the covered entity acts on the basis
of such use.

(b) Rules of Construction. Nothing in subsection (a) shall be
construed to exclude as a qualified individual with a disability an
individual who
     (1) has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the illegal use
of drugs, or has otherwise been rehabilitated successfully and is
no longer engaging in such use;
     (2) is participating in a supervised rehabilitation program
and is no longer engaging in such use; or
     (3) is erroneously regarded as engaging in such use, but is
not engaging in such use; except that it shall not be a violation
of this Act for a covered entity to adopt or administer reasonable
policies or procedures, including but not limited to drug testing,
designed to ensure that an individual described in paragraph (1) or
(2) is no longer engaging in the illegal use of drugs.

(c) Authority of Covered Entity. A covered entity
     (1) may prohibit the illegal use of drugs and the use of
alcohol at the workplace by all employees;
     (2) may require that employees shall not be under the
influence of alcohol or be engaging in the illegal use of drugs at
the workplace;
     (3) may require that employees behave in conformance with the
requirements established under the Drug-Free Workplace Act of 1988
(41 U.S.C. 701 et seq.);
     (4) may hold an employee who engages in the illegal use of
drugs or who is an alcoholic to the same qualification standards
for employment or job performance and behavior that such entity
holds other employees, even if any unsatisfactory performance or
behavior is related to the drug use or alcoholism of such employee;
and
     (5) may, with respect to Federal regulations regarding alcohol
and the illegal use of drugs, require that
          (A) employees comply with the standards established in
such regulations of the Department of Defense, if the employees of
the covered entity are employed in an industry subject to such
regulations, including complying with regulations (if any) that
apply to employment in sensitive positions in such an industry, in
the case of employees of the covered entity who are employed in
such positions (as defined in the regulations of the Department of
Defense);
          (B) employees comply with the standards established in
such regulations of the Nuclear Regulatory Commission, if the
employees of the covered entity are employed in an industry subject
to such regulations, including complying with regulations (if any)
that apply to employment in sensitive positions in such an
industry, in the case of employees of the covered entity who are
employed in such positions (as defined in the regulations of the
Nuclear Regulatory Commission); and
          (C) employees comply with the standards established in
such regulations of the Department of Transportation, if the
employees of the covered entity are employed in a transportation
industry subject to such regulations, including complying with such
regulations (if any) that apply to employment in sensitive
positions in such an industry, in the case of employees of the
covered entity who are employed in such positions (as defined in
the regulations of the Department of Transportation).

(d) Drug Testing.
     (1) In general. For purposes of this title, a test to
determine the illegal use of drugs shall not be considered a
medical examination.
     (2) Construction. Nothing in this title shall be construed to
encourage, prohibit, or authorize the conducting of drug testing
for the illegal use of drugs by job applicants or employees or
making employment decisions based on such test results.

(e) Transportation Employees. Nothing in this title shall be
construed to encourage, prohibit, restrict, or authorize the
otherwise lawful exercise by entities subject to the jurisdiction
of the Department of Transportation of authority to
     (1) test employees of such entities in, and applicants for,
positions involving safety-sensitive duties for the illegal use of
drugs and for on-duty impairment by alcohol; and
     (2) remove such persons who test positive for illegal use of
drugs and on-duty impairment by alcohol pursuant to paragraph (1)
from safety-sensitive duties in implementing subsection (c).

Sec. 105. POSTING NOTICES.

Every employer, employment agency, labor organization, or joint
labor- management committee covered under this title shall post
notices in an accessible format to applicants, employees, and
members describing the applicable provisions of this Act, in the
manner prescribed by section 711 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-10).

Sec. 106. REGULATIONS.

Not later than 1 year after the date of enactment of this Act, the
Commission shall issue regulations in an accessible format to carry
out this title in accordance with subchapter II of chapter 5 of
title 5, United States Code.

Sec. 107. ENFORCEMENT.

(a) Powers, Remedies, and Procedures. The powers, remedies, and
procedures set forth in sections 705, 706, 707, 709, and 710 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4, 2000e-5, 2000e-6,
2000e-8, and 2000e-9) shall be the powers, remedies, and procedures
this title provides to the Commission, to the Attorney General, or
to any person alleging discrimination on the basis of disability in
violation of any provision of this Act, or regulations promulgated
under section 106, concerning employment.

(b) Coordination. The agencies with enforcement authority for
actions which allege employment discrimination under this title and
under the Rehabilitation Act of 1973 shall develop procedures to
ensure that administrative complaints filed under this title and
under the Rehabilitation Act of 1973 are dealt with in a manner
that avoids duplication of effort and prevents imposition of
inconsistent or conflicting standards for the same requirements
under this title and the Rehabilitation Act of 1973. The
Commission, the Attorney General, and the Office of Federal
Contract Compliance Programs shall establish such coordinating
mechanisms (similar to provisions contained in the joint
regulations promulgated by the Commission and the Attorney General
at part 42 of title 28 and part 1691 of title 29, Code of Federal
Regulations, and the Memorandum of Understanding between the
Commission and the Office of Federal Contract Compliance Programs
dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in
regulations implementing this title and Rehabilitation Act of 1973
not later than 18 months after the date of enactment of this Act.

Sec. 108. EFFECTIVE DATE.

This title shall become effective 24 months after the date of
enactment.
TITLE II PUBLIC SERVICES

Subtitle A Prohibition Against Discrimination and Other Generally
     Applicable Provisions

Sec. 201. DEFINITION.

As used in this title:

     (1) Public entity. The term ``public entity'' means
          (A) any State or local government;
          (B) any department, agency, special purpose district, or
other instrumentality of a State or States or local government; and
          (C) the National Railroad Passenger Corporation, and any
commuter authority (as defined in section 103(8) of the Rail
Passenger Service Act).

     (2) Qualified individual with a disability. The term
``qualified individual with a disability'' means an individual with
a disability who, with or without reasonable modifications to
rules, policies, or practices, the removal of architectural,
communication, or transportation barriers, or the provision of
auxiliary aids and services, meets the essential eligibility
requirements for the receipt of services or the participation in
programs or activities provided by a public entity.

Sec. 202. DISCRIMINATION.

Subject to the provisions of this title, no qualified individual
with a disability shall, by reason of such disability, be excluded
from participation in or be denied the benefits of the services,
programs, or activities of a public entity, or be subjected to
discrimination by any such entity.

Sec. 203. ENFORCEMENT.

The remedies, procedures, and rights set forth in section 505 of
the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be the
remedies, procedures, and rights this title provides to any person
alleging discrimination on the basis of disability in violation of
section 202.

Sec. 204. REGULATIONS.

(a) In General. Not later than 1 year after the date of enactment
of this Act, the Attorney General shall promulgate regulations in
an accessible format that implement this subtitle. Such regulations
shall not include any matter within the scope of the authority of
the Secretary of Transportation under section 223, 229, or 244.

(b) Relationship to Other Regulations. Except for ``program
accessibility, existing facilities'', and ``communications'',
regulations under subsection (a) shall be consistent with this Act
and with the coordination regulations under part 41 of title 28,
Code of Federal Regulations (as promulgated by the Department of
Health, Education, and Welfare on January 13, 1978), applicable to
recipients of Federal financial assistance under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794). With respect to
``program accessibility, existing facilities'', and
``communications'', such regulations shall be consistent with
regulations and analysis as in part 39 of title 28 of the Code of
Federal Regulations, applicable to federally conducted activities
under such section 504.

(c) Standards. Regulations under subsection (a) shall include
standards applicable to facilities and vehicles covered by this
subtitle, other than facilities, stations, rail passenger cars, and
vehicles covered by subtitle B. Such standards shall be consistent
with the minimum guidelines and requirements issued by the
Architectural and Transportation Barriers Compliance Board in
accordance with section 504(a) of this Act.

Sec. 205. EFFECTIVE DATE.

(a) General Rule. Except as provided in subsection (b), this
subtitle shall become effective 18 months after the date of
enactment of this Act.

(b) Exception. Section 204 shall become effective on the date of
enactment of this Act.

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.

As used in this part:

     (1) Demand responsive system. The term ``demand responsive
system'' means any system of providing designated public
transportation which is not a fixed route system.

     (2) Designated public transportation. The term ``designated
public transportation'' means transportation (other than public
school transportation) by bus, rail, or any other conveyance (other
than transportation by aircraft or intercity or commuter rail
transportation (as defined in section 241)) that provides the
general public with general or special service (including charter
service) on a regular and continuing basis.

     (3) Fixed route system. The term ``fixed route system'' means
a system of providing designated public transportation on which a
vehicle is operated along a prescribed route according to a fixed
schedule.

     (4) Operates. The term ``operates'', as used with respect to
a fixed route system or demand responsive system, includes
operation of such system by a person under a contractual or other
arrangement or relationship with a public entity.

     (5) Public school transportation. The term ``public school
transportation'' means transportation by schoolbus vehicles of
schoolchildren, personnel, and equipment to and from a public
elementary or secondary school and school-related activities.

     (6) Secretary. The term ``Secretary'' means the Secretary of
Transportation.

Sec. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS.

(a) Purchase and Lease of New Vehicles. It shall be considered
discrimination for purposes of section 202 of this Act and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public
entity which operates a fixed route system to purchase or lease a
new bus, a new rapid rail vehicle, a new light rail vehicle, or any
other new vehicle to be used on such system, if the solicitation
for such purchase or lease is made after the 30th day following the
effective date of this subsection and if such bus, rail vehicle, or
other vehicle is not readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs.

(b) Purchase and Lease of Used Vehicles. Subject to subsection
(c)(1), it shall be considered discrimination for purposes of
section 202 of this Act and section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794) for a public entity which operates a fixed
route system to purchase or lease, after the 30th day following the
effective date of this subsection, a used vehicle for use on such
system unless such entity makes demonstrated good faith efforts to
purchase or lease a used vehicle for use on such system that is
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.

(c) Remanufactured Vehicles.
     (1) General rule. Except as provided in paragraph (2), it
shall be considered discrimination for purposes of section 202 of
this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) for a public entity which operates a fixed route system
          (A) to remanufacture a vehicle for use on such system so
as to extend its usable life for 5 years or more, which
remanufacture begins (or for which the solicitation is made) after
the 30th day following the effective date of this subsection; or
          (B) to purchase or lease for use on such system a
remanufactured vehicle which has been remanufactured so as to
extend its usable life for 5 years or more, which purchase or lease
occurs after such 30th day and during the period in which the
usable life is extended; unless, after remanufacture, the vehicle
is, to the maximum extent feasible, readily accessible to and
usable by individuals with disabilities, including individuals who
use wheelchairs.
     (2) Exception for historic vehicles.
          (A) General rule. If a public entity operates a fixed
route system any segment of which is included on the National
Register of Historic Places and if making a vehicle of historic
character to be used solely on such segment readily accessible to
and usable by individuals with disabilities would significantly
alter the historic character of such vehicle, the public entity
only has to make (or to purchase or lease a remanufactured vehicle
with) those modifications which are necessary to meet the
requirements of paragraph (1) and which do not significantly alter
the historic character of such vehicle.
          (B) Vehicles of historic character defined by
regulations. For purposes of this paragraph and section 228(b), a
vehicle of historic character shall be defined by the regulations
issued by the Secretary to carry out this subsection.

Sec. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE.

(a) General Rule. It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity
which operates a fixed route system (other than a system which
provides solely commuter bus service) to fail to provide with
respect to the operations of its fixed route system, in accordance
with this section, paratransit and other special transportation
services to individuals with disabilities, including individuals
who use wheelchairs, that are sufficient to provide to such
individuals a level of service (1) which is comparable to the level
of designated public transportation services provided to
individuals without disabilities using such system; or (2) in the
case of response time, which is comparable, to the extent
practicable, to the level of designated public transportation
services provided to individuals without disabilities using such
system.

(b) Issuance of Regulations. Not later than 1 year after the
effective date of this subsection, the Secretary shall issue final
regulations to carry out this section.

End of part 2