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Subject: English Braille Text Of Ada Law (8 of 8)
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Date: 19 Dec 90 05:25:31 GMT
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Index Number: 12527

     (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.

Sec. 510. ILLEGAL USE OF DRUGS.

(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.

Sec. 511. DEFINITIONS.

(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.

Sec. 512. AMENDMENTS TO THE REHABILITATION ACT.

(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.

Sec. 513. ALTERNATIVE MEANS OF DISPUTE RESOLUTION.

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.

Sec. 514. SEVERABILITY.

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.

Approved July 26, 1990 
-----
LEGISLATIVE HISTORY-S. 933 (H.R. 2273):

HOUSE REPORTS: No. 101-485, Pt. 1 (Comm. on Public Works and
     Transportation), Pt. 2 (Comm. on Education and Labor), Pt. 3
     (Comm. on the Judiciary), and Pt. 4 (Comm. on Energy and
     Commerce) all accompanying H.R. 2272; and No. 101-558 and No.
     101-569 both from (Comm. of Conference).

SENATE REPORTS: No. 101-116 (Comm. on Labor and Human Resources).

CONGRESSIONAL RECORD:
Vol. 135 (1989): Sept. 7, considered and passed by Senate.
Vol. 136 (1990): May 17, 22, H.R. 2273 considered and passed House;
     S. 933 passed in lieu.

July 11, Senate recommitted conference report.
July 12, House agreed to conference report.
July 13, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): July
     /26, Presidential remarks and statement.

End of part 8