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OVERVIEW OF THE AMERICANS WITH DISABILITIES ACT OF 1989

The Americans With Disabilities Act of 1989 (ADA) is an omnibus civil
rights statute that prohibits discrimination against individuals with
disabilities in employment (in the private sector); all public services;
public accommodations; transportation; and telecommunications.

Section 1 is the short title. Section 2 sets out congressional findings
and the purposes of the bill. Section 3 defines several key terms such
as: "disability", "auxiliary aids and services", and "reasonable
accommodations". These definitions are comparable to the definitions
used for purposes of section 503 of the Rehabilitation Act of 1973
(which requires government contractors to take affirmative action to
hire individuals with disabilities) and section 504 of the
Rehabilitation Act of 1973 (which prohibits discrimination against
persons with disabilities by recipients of Federal financial
assistance).

Title I sets out the general forms of discrimination prohibited by the
Act. These general prohibitions are comparable to the prohibitions
included in section 504.

Title II specifies that an employer, employment agency, labor
organization, or joint labor-management committee may not discriminate
against any qualified individual with a disability in regard to any
term, condition or privilege of employment. The ADA incorporates by
reference the enforcement provisions under title VII of the Civil Rights
Act of 1964. The ADA also incorporates by reference section 1981 of the
Civil Rights Act of 1981 for acts of intentional discrimination.

Title III specifies that no qualified individual with a disability may
be discriminated against by a State or agency or political subdivision
of a State or board, commission, or other instrumentality of a State and
political subdivision. Title III also includes specific actions
applicable to public transportation provided by public transit
authorities considered discriminatory. Finally, title III incorporates
by reference the enforcement provisions in section 505 of the
Rehabilitation Act of 1973.

Title IV specifies that no individual shall be discriminated against in
the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of any place of public
accommodation operated by a private entity on the basis of disability.
Title IV also includes specific prohibitions on discrimination in public
transportation services provided by private entities. Finally, title IV
incorporates the applicable enforcement provisions in title VIII of the
Civil Rights Act of 1968.

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SUMMARY OF THE AMERICANS WITH DISABILITIES ACT OF 1989
PREPARED BY BOB SILVERSTEIN (X46265)
CHIEF COUNSEL, SUBCOMMITTEE ON THE HANDICAPPED
APRIL 28, 1989

FINDINGS AND PURPOSE


The purpose of the Act is to provide a clear and comprehensive national
mandate to end discrimination against individuals with disabilities;
provide enforceable standards addressing discrimination against
individuals with disabilities; and ensure that the Federal government
plays a central role in enforcing these standards on behalf of
individuals with disabilities.

DEFINITIONS

The term "disability" is defined to mean, with respect to an individual-
a physical or mental impairment that substantially limits one or more of
the major life activities of such individual, a record of such an
impairment, or being regarded as having such an impairment. This is the
same definition used for purposes of section 503 and section 504 of the
Rehabilitation Act of 1973 and the recent amendments to the Fair Housing
Act.

TITLE I: GENERAL PROHIBITION AGAINST DISCRIMINATION

Title I sets out the general forms of discrimination prohibited by the
Act. It is considered discriminatory to subject an individual or class
of individuals, directly or indirectly, on the basis of disability, to
any of the following:

(1) denying the opportunity to participate in or benefit from an
opportunity;

(2) affording an opportunity that is not equal to that afforded others;

(3) providing an opportunity that is less effective than that provided
to others;

(4) providing an opportunity that is different or separate, unless such
action is necessary to provide the individuals with an opportunity that
is as effective as that provided to others;

(5) aiding or perpetuating discrimination by providing significant
assistance to others that discriminate;

(6) denying an opportunity to participate as a member of boards or
commissions; and

(7) otherwise limiting the enjoyment of any right, privilege, advantage,
or opportunity enjoyed by others.

For purposes of the Act, for an aid, benefit, or service to be equally
effective, an entity must afford an individual with a disability equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement in the most integrated setting
appropriate to the individual's needs.

Further, an entity may not directly or indirectly use standards or
criteria or methods of administration that have the effect of subjecting
an individual to discrimination on the basis of disability or perpetuate
discrimination by others who are subject to common administrative
control or are agencies of the same State. Nor can an entity
discriminate against an individual or entity because of the association
of that individual or entity with another individual with a disability.

Title I also sets out defenses to allegations of discrimination. It is
considered a defense to a charge of discrimination alleging the
application of qualification standards, selection criteria, performance
standards or eligibility criteria that exclude or deny services,
programs, activities, benefits, jobs or other opportunities to an
individual with a disability that the covered entity has demonstrated
such standards and criteria to be both necessary and substantially
related to the ability of the individual to perform or participate or
take advantage of an opportunity and such participation cannot be
accomplished by applicable reasonable accommodations, modifications, or
the provision of auxiliary aids or services.

Qualification standards may include requiring that the current use of
alcohol or drugs by an alcohol or drug abuser not pose a direct threat
to property or the safety of others in the workplace or program; and
requiring that an individual with a currently contagious disease or
infection not pose a direct threat to the health or safety of other
individuals in the workplace or program. These defenses are comparable
to the defenses currently available under section 504 of the
Rehabilitation Act of 1973.

TITLE II: EMPLOYMENT

The provisions in title II of the Act use or incorporate by reference
many of the definitions in title VII of the Civil Rights Act of 1964
(employee, employer, Commission, person, labor organization, employment
agency, joint labor-management committee, commerce, industry affecting
commerce). The scope of the bill is identical i.e., only employers who
have 15 or more employees are covered.

A "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 individual
holds or desires. This definition is comparable to the definition used
for purposes of section 504.

Using the section 504 legal framework as the model, the bill specifies
that no entity covered by the Act shall discriminate against any
qualified individual with a disability because of such individual's
disability in regard to application procedures, the hiring or discharge
of employees and all terms, conditions and privileges of employment.

Thus, discrimination includes, for example, the failure by a covered
entity to make reasonable accommodations to the known limitations of a
qualified individual with a disability unless such entity can
demonstrate that the accommodation would impose an undue hardship on the
operation of the business. Discrimination also includes the denial of
employment opportunities because a qualified individual with a
disability needs a reasonable accommodation.

The definition of the term "reasonable accommodation" included in the
bill is comparable to the definition in the section 504 legal framework.
The term includes: making existing facilities accessible, job
restructuring, part-time or modified work schedules, reassignment,
acquisition or modification of equipment or devices, appropriate
adjustment or modifications of examinations and training materials,
adoption or modification of procedures or protocols, the provision of
qualified readers and interpreters, and other similar accommodations.

Discrimination also includes the imposition or application of
qualification standards and other criteria that identify or limit a
qualified individual with a disability unless such standards or criteria
can be shown by such entity to be necessary and substantially related to
the ability of an individual to perform the essential functions of the
particular employment position.

Consistent with title VII of the Civil Rights Act of 1964, every covered
entity must post notices in an accessible format describing the
applicable provisions of this Act. The Commission is also directed to
promulgate regulations within 180 days in an accessible format.

The bill incorporates by reference the remedies and procedures set out
in section 706, 709, and section 710 of title VII of the Civil Rights
Act of 1964. The bill also incorporates the remedies and procedures
available under section 1981 of the Civil Rights Act of 1866 for acts of
intentional discrimination.

TITLE III: PUBLIC SERVICES

Section 504 only applies to entities receiving Federal financial
assistance. Title III of the bill makes all activities of State and
local governments subject to the types of prohibitions against
discrimination against a qualified individual with a disability included
in section 504 (nondiscrimination) and section 505 (the enforcement
procedures).

A "qualified individual with a disability" means an individual with a
disability who, with or without reasonable modifications to rules,
policies and practices, or the removal of architectural, communication,
and 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
State or agency or political subdivision of a State or board, commission
or other instrumentality of a State and political subdivision.

Title III also specifies the actions applicable to public transportation
(not including air travel) provided by public entities that are
considered discriminatory. The term "public transportation" means
transportation by bus or rail, or by any other conveyance (other than
air travel) that provides the general public with general or special
service (including charter service) on a regular and continuing basis.

1. New fixed route buses of any size, rail vehicles and other fixed
route vehicles for which a solicitation is made later than 30 days after
the date of enactment of this Act must be readily accessible to and
usable by individuals with disabilities. No retrofitting of existing
buses is required.

2. Used vehicles purchased or leased after the date of enactment need
not be accessible but a demonstrated good faith effort to locate a used
accessible vehicle must be made.

3. Vehicles that are re-manufactured so as to extend their usable life
for five years or more must, to the maximum extent feasible, be readily
accessible to and usable by individuals with disabilities.

4. In those communities with fixed route public transportation, there
must also be a paratransit system to serve those individuals with
disabilities who cannot use the fixed route public transportation and to
other individuals associated with such individuals in accordance with
service criteria established by the Secretary of Transportation.

5. Communities that operate a demand responsive system that is used to
provide public transportation for the general public (nondisabled and
disabled) must purchase new buses for which a solicitation is made 30
days

after the date of enactment of the Act that are accessible unless the
system can demonstrate that the system, when viewed in its entirety,
provides a level of service to individuals with disabilities equivalent
to that provided to the general public; in which case all newly
purchased vehicles need not be accessible.

6. All new facilities used to provide public transportation services
must be readily accessible to and usable by individuals with
disabilities.

7. When alterations are made to existing facilities one year after the
date of enactment that affect or could affect the usability of the
facility, the alterations, the path of travel to the altered area, the
bathrooms, telephones, and drinking fountains serving the remodeled area
must be, to the maximum extent feasible, readily accessible to and
usable by individuals with disabilities.

8. A mass transportation program or activity, when viewed in its
entirety, must be readily accessible to and usable by individuals with
disabilities. All stations in intercity rail systems and key stations
in rapid rail, commuter rail and light rail systems must be made readily
accessible 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 for
extraordinary expensive structural changes to, or replacement of,
existing facilities necessary to achieve accessibility.

9. Intercity, light rail, rapid, and commuter rail systems must have at
least one car per train that is accessible as soon as practicable, but
in any event no less than five years.

The bill directs the Attorney General to promulgate regulations within
180 days in an accessible format that implement the provisions generally
applicable to state and local governments. These regulations must be
consistent with the coordination regulations issued in 1978 that
governed the regulations applicable to recipients of Federal financial
assistance.

Within 240 days from the date of enactment, the Secretary of
Transportation is directed to issue regulations in an accessible format
that include standards which are consistent with minimum guidelines and
requirements issued by the Architectural and Transportation Barriers
Compliance Board.

TITLE IV: PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE
ENTITIES

Title IV specifies that no individual shall be discriminated against in
the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of any place of public
accommodation, on the basis of disability.

The term "public accommodation" means privately operated establishments
that are used by the general public as customers, clients, or visitors
or that are potential places of employment and whose operations affect
commerce. Examples of public accommodations include: auditoriums,
theaters, restaurants, shopping centers, hotels, terminals used for
public transportation, office buildings and recreation facilities.

Examples of discrimination include the following:

--The imposition or application of eligibility criteria that identify or
limit an individual with a disability.

--A failure to make reasonable modifications in rules and policies and
procedures when necessary to afford meaningful opportunity unless the
entity can demonstrate that the modifications would fundamentally alter
the nature of the program.

--A failure to provide auxiliary aids and services unless the entity can
demonstrate that such services would result in undue burden. Auxiliary
aids and services include: qualified interpreters or other effective
methods of making aurally delivered materials available to individuals
with hearing impairments; qualified readers, taped texts, or other
effective methods of making visually delivered materials available to
individuals with visual impairments; acquisition or modification of
equipment or devices; and other similar services and actions.

--A failure to remove architectural and communication barriers that are
structural in nature in existing facilities and transportation barriers
in existing vehicles where such removal is readily achievable; and,
where the entity can demonstrate that such removal is not readily
achievable, a failure to make such goods, services, facilities,
privileges, advantages, and accommodations available through alternative
methods if such methods are readily achievable.

--With respect to a facility that is altered one year after the
effective date of the Act, the failure to make the alterations in a
manner that, to the maximum extent feasible, the altered portion, the
path of travel to the altered area, and the bathrooms, telephones, and
drinking fountains serving

the remodeled area are readily accessible to and usable by individuals
with disabilities.

--A failure to make facilities constructed for first occupancy later
than 30 months after the date of enactment readily accessible to and
usable by individuals with disabilities except where an entity can
demonstrate that it is structurally impracticable to do so in accordance
with standards set forth or incorporated by reference in regulations.

--A failure by a public accommodation to provide a level of
transportation services to individuals with disabilities equivalent to
that provided for the general public and a refusal to purchase or lease
vehicles that carry in excess of 12 passengers for which solicitations
are made later than 30 days after the date of enactment which are
readily accessible to and usable by individuals with disabilities.

The bill also includes a specific section prohibiting discrimination in
public transportation services (other than air travel) provided by
private entities. In general, no individual shall be discriminated
against on the basis of disability in the full and equal enjoyment of
public transportation services provided by a privately operated entity
that is primarily engaged in the business of transporting people (but
not in the principal business of providing air transportation) and whose
operations affect commerce.

Examples of discrimination include:

--the imposition or application of eligibility criteria that identify or
limit an individual with a disability;

--a failure to make reasonable modifications to criteria, provide
auxiliary aids and services, and remove barriers consistent with the
standards set out above;

--new vehicles (other than automobiles) purchased 30 days after the date
of enactment must be made accessible. Because there is no requirement
that cars be made accessible, new taxicabs are not required to be made
accessible. Taxicab companies are liable, however, if their drivers
refuse to pick up an individual with a disability.

The bill incorporates by reference the provisions in the Fair Housing
Act, as recently amended, authorizing enforcement by private persons in
court (section 813) and enforcement by the Attorney General (section 814
(a)). Regulations must be issued in an accessible format by the
Attorney General and by the Secretary of Transportation within 240 days
from the date of enactment. Standards included in such regulations must
be consistent with minimum

guidelines and requirement issued by the Architectural and
Transportation Barriers Compliance Board.

TITLE V: COMMUNICATIONS

Title V specifies that it is considered discrimination for a common
carrier that offers telephone services to the general public to fail to
provide, within one year after the date of enactment of this Act,
interstate or intrastate telecommunication relay services so that such
services provide individuals who use non-voice terminal devices because
of their disabilities opportunities for communications that are equal to
those provided to their customers who are able to use voice telephone
services, except that it shall not be considered discrimination for such
a common carrier to fail to provide such services in any state to which
the provisions in the next paragraph apply if such services are provided
in accordance with the provisions of the next paragraph.

It is considered discrimination by a state that designates an entity to
provide interstate or intrastate telecommunication relay services
throughout the entire state in a manner consistent with regulations
issued by the Commission to fail to provide, not later than 1 year after
the date of enactment of this Act, interstate and intrastate
telecommunication relay services so that such services provide
individuals who use non-voice terminal devices because of disabilities
with opportunities for communications that are equal to those provided
to their customers who are able to use voice telephone services.

Nothing in this title is to be construed to discourage or impair the
development of improved or future technology designed to improve access
to telecommunications services for individuals with disabilities.

The Federal Communications Commission is directed to issue regulations
establishing minimum standards and guidelines for telecommunications
relay services. With respect to enforcement, the bill incorporates by
reference the provisions in the Fair Housing Act, as recently amended,
authorizing enforcement by private persons in court (section 813) and
enforcement by the Attorney General (section 814 (a)). Further, the
Federal Communications Commission is authorized to use enforcement
provisions generally applicable to it for remedying violations of the
Communications Act of 1934.

TITLE VI: MISCELLANEOUS PROVISIONS

Title VI explains the relationship between section 504 and this Act;
this Act and State laws that provide greater protections; and the
relationship among the various titles of the Act. Title VI also
includes an anti-retaliation provision; directs the Architectural and
Transportation

Barriers Compliance Board to issue minimum guidelines; and makes it
clear that States are not immune under the 11th Amendment
for violations of the Act.

With respect to attorney's fees, the bill specifies that in any action
or administrative proceeding commenced under the 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.

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NEWS RELEASE: TOM HARKIN OF IOWA; UNITED STATES SENATOR

QUESTIONS AND ANSWERS ON THE AMERICANS WITH DISABILITIES ACT OF 1989

Set out below are questions and answers on some of the issues that may
be raised about the Americans with Disabilities Act of 1989. If you
have any additional questions, please contact Bob Silverstein, Staff
Director and Chief Counsel, Senate Subcommittee on the Handicapped
(224-6265) or Pam McKinney, Press Secretary (224-3254).

1. What is the purpose of the Americans with Disabilities Act of 1989
(ADA)?

The purpose of the ADA is to provide clear, strong, consistent,
enforceable standards addressing all forms of discrimination against
individuals on the basis of disability.

2. What is the scope of the ADA?

The ADA extends civil rights protections for people with disabilities to
cover such areas as employment in the private sector, public
accommodations (such as theaters, hotels, restaurants, shopping centers,
offices), services provided by state and local governments,
transportation, and telecommunications relay services.

3. Why is the ADA necessary?

The National Council on Disability (an independent Federal agency whose
current membership consists of 15 persons appointed by President
Reagan), the Civil Rights Commission, and two recent polls conducted by
Lou Harris all conclude that discrimination against individuals with
disabilities in the areas listed above is still pervasive in our
society. The historic Civil Rights Act of 1964, does not cover people
with disabilities and thus they have no Federal protection against
discrimination in these areas. Federal law only protects against
discrimination in Federal employment (section 501 of the Rehabilitation
Act of 1973, affirmative action by Federal contractors (section 503),
discrimination by entities receiving Federal aid (section 504), and
activities conducted by the Federal government (section 504).

4. Who developed the provisions in the ADA?

The ADA of 1988 was introduced during the last Congress by Senator
Weicker (R. Conn.) and had bipartisan support (17 Democrats and 9
Republicans). In the House of Representatives, the bill was introduced
b Representativ Ton Coelh (D Calif. an ha 12 cosponsors Th
bil wa develope b th 1 member o th Nationa Counci o
Disabilit appointe b Presiden Reagan I wa th produc o tw
reports Towar Independenc an O th Threshol o Independence.

The ADA of 1989 will be introduced on May 8, 1989 and will be sponsored
by Senator Harkin (D. Iowa), Senator Kennedy (D. Mass.), Senator
Durenberger (R. Minn.), Senator Jeffords (R. Vt.), Senator McCain (R.
Ariz.) and others. The sponsors in the House will include Tony Coelho
(D. Calif.), Major Owens (D. N.Y.), and Silvio Conte (R. Mass.).

5. Who endorses the ADA?

The ADA has been endorsed by more than 85 national organizations
representing people with a wide variety of disabilities and the
Leadership Conference on Civil Rights, an umbrella organization
representing 185 organizations active in the area of civil rights.

6. Are people with AIDS covered by the ADA?

Yes. However, the ADA makes it clear that a person with a contagious
disease or infection may be excluded or denied a job or benefit if the
covered entity can demonstrate that the person poses a significant risk
of transmitting the infection to others through the receipt of a
position or benefit. If no reasonable accommodation on the part of the
employer or service provider can eliminate such a risk, the individual
may be denied the position or benefit.

The policy in the ADA is equivalent to the policy recently adopted by
the Congress in the Civil Rights Restoration Act (the Harkin/Humphrey
amendment) and the Fair Housing Act Amendments Act of 1988. The policy
is also consistent with the policy developed by the Office of Personnel
Management under the Reagan Administration and the Reagan
Administration's Presidential Commission on the Human Immunodeficiency
Virus Epidemic. It is also consistent with statements by President
Bush, C. Everett Koop (the Surgeon General), the National Institute of
Medicine, the American Medical Association, the American Public Health
Association, and the American Nurses' Association.

7. Is the ADA a gay rights bill, protecting homosexuals from
discrimination?

No. The ADA does not create any rights or protections against
discrimination for homosexuals. Thus, a covered entity is not precluded
by the ADA from discriminating against a person solely on the basis of
homosexuality. The bill is modeled after section 504 of the
Rehabilitations Act of 1973 and the Fair Housing Act, as recently
amended. These statutes have never been interpreted to afford
homosexuals protections from discrimination.

8. May an employer fire a drug addict who poses a direct threat to
property or the safety of others in the workplace or program?

Yes. The policy applicable to drug addicts included in the ADA is
consistent with the policy recently adopted by the Congress in the Drug
Free Workplace Act of 1988.

9. Are bona fide religious institutions precluded by the ADA from
imposing qualifications based on religion when such qualifications are
related to a bona fide religious purpose?

No. Any bona fide religious institution may continue to impose
qualification standards based on religion when such standards are
related to a bona fide religious purpose.

10. Does this bill have any special provisions for small businesses?

Yes. With respect to employment, the ADA totally exempts all employers
with less than 15 employees. A covered employer does not have to
provide reasonable accommodations to an individual with a disability if
the employer can demonstrate that the provision of the accommodation
would impose an undue hardship on the business. This provision has
proven to be a workable standard under other Federal laws which cover
employers, including those with less than 15 employees.

With respect to public accommodations, reasonable accommodations need
not be provided if the covered entity can demonstrate undue burden.
Existing structures need not be altered unless the alterations are
readily achievable, which for a small business would not require more
than the expenditure of a nominal sum.

11. Will this bill require substantial costs to be incurred by covered
entities?

No. In the employment context, a 1982 study by Berkeley Planning
Associates concluded that the costs of providing reasonable
accommodations was "no big deal." In 1987, Honeywell, in its own report
on employees with disabilities indicated that "the majority of
accommodations provided to employees with disabilities cost less than
$50."

With respect to public accommodations, the costs of making new
structures accessible has been estimated to be less than 1% of the total
costs of the construction. One study found that companies spend 13
times the amount to clean and polish the floors than expected
[SUBMITTERS NOTE: THIS SHOULD PROBABLY BE "expended"] to make the
facility accessible. Only limited requirements apply to existing
facilities (see above question 10).

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COMPARISON BETWEEN ORIGINAL AND REVISED
AMERICANS WITH DISABILITIES ACT (ADA)
Prepared by Bob Silverstein (x46265)
Chief Counsel, Subcommittee on the Handicapped
April 28, 1989

Set out below is a summary of the major differences between S. 2345, the
Americans with Disabilities Act of 1988 (the original ADA) and the
Americans with Disabilities Act of 1989 (the revised version) that will
be introduced by Senators Harkin and Kennedy and others.

Definition of Protected Class and Providing Discrimination

Under section 503 section 504 of the Rehabilitation Act of 1973
(affirmative action statute applicable to government contractors and
civil rights statute applicable only to recipients of federal financial
assistance, respectively), there is a two-step process for proving
discrimination. First, an individual must prove that he or she is
handicapped (e.g., has a physical or mental impairment that
substantially limits a major life activity). Second, there must be
showing that he or she is otherwise qualified.

Sections 503 and 504 also include provisions expressly stating that if
someone with a contagious disease or someone who is an alcoholic or drug
addict poses a direct threat to the health and safety of others, then he
or she is not a qualified handicapped person.

The original ADA did not adopt the sections 503 and 504 definitions and
section 503 and section 504 approach. The original bill included a
broader definition (e.g., a person only had to prove he of she had a
physical or mental impairment; there was no need to show that the
impairment substantially limited a major life activity). The original
bill did not include the provisions regarding persons with contagious
diseases and alcoholics and drug addicts. The original bill did not
include the definition of the term "otherwise qualified."

The revised ADA generally adopts the section 503 and section 504
definitions and approach.

Employment

Sections 503 and 504 generally require covered entities to make
reasonable accommodations for handicapped applicants and employees
unless it would pose an undue hardship.

The original ADA rejected this principle and substituted a so-called
"bankruptcy" provision under which a recipient would have to provide the
accommodation unless it would "threaten the existence of the company."

The revised ADA generally includes the section 503 and section 504
standards.

Currently, title VII of the Civil Rights Act of 1964 has a small
provider exception of 15. The original ADA incorporated by reference
this small provider provision. The revised ADA also includes this
provision.
Public Accommodations

The original ADA used the definition of "public accommodation" set out
in title II of the Civil Rights Act of 1964 (e.g., hotels, restaurants,
theaters, etc) and required that all existing facilities be retrofitted
within two to five years so as to make them fully accessible unless the
retrofitting would threaten the existence of the business (the so-called
bankruptcy provision).

The original ADA also required that all new facilities be fully
accessible. NOTE: Retrofitting of existing facilities to make them
fully accessible is often expensive in contrast to making new facilities
accessible which usually costs less than 1 percent of the total cost of
construction. Further, the original ADA required that public
accommodations provide reasonable accommodations unless to do so would
threaten the existence of the business (the bankruptcy provision).

The revised ADA reaches all entities that are open to the public as
customers, clients, visitors, or which are potentially places of
employment.

With respect to existing facilities, the revised ADA only requires
structural changes that are "readily achievable" and when not readily
achievable the failure to provide alternative methods of making the
services available that are readily achievable. An example of "readily
achievable" is expending $100 to build a ramp that will enable a person
in a wheelchair to gain access into a Safeway. Expensive modifications
are not required.

With respect to the provision of reasonable accommodations, the revised
bill requires that they be provided unless it would result in undue
burden, which is the current standard in section 504 (the revised bill
includes the phrase "auxiliary aids and services" in lieu of the phrase
"reasonable accommodation").

With respect to new construction, both the original and the revised bill
require that new facilities be made accessible.

Public Services

The provisions in the original ADA applicable to public services
rejected the approach of simply extending the provisions of section 504
to cover all government agencies, regardless of whether or not they
receive federal aid. Instead new standards were included such as making
all existing facilities fully accessible within 2-5 years.

The revised ADA simply extends section 504 (and current standards
applicable thereunder) to cover all state and local government agencies
and their programs and activities.

Communications

The original ADA required all those engaged in the business of
broadcasting to close-caption progressively more shows each year. The
original ADA also directed the FCC to issue regulations calling for the
establishment of interstate and intrastate relay systems under which a
deaf person using a TDD can speak to an operator who has a TDD and who
can communicate by voice with a person who does not have a TDD.

The revised bill reaffirms and clarifies the provisions in the original
ADA applicable to relay systems and deletes the provisions applicable to
captioning.

Transportation

The original ADA required the 50% of a public transit authority's fleet
be accessible within 7 years (likelihood of significant retrofitting)
and that all new buses be accessible. No retrofitting is required.

The revised ADA also permits a transit authority to purchase used buses
that are not accessible if the transit authority has demonstrated a good
faith effort to purchase a used bus that is accessible.

Both the original ADA and the revised ADA require a paratransit system
be made available for those disabled individuals who cannot use the
mainline system. Further, both versions require that new facilities be
made accessible.

The revised ADA also has a separate standard for communities that have a
demand responsive system for the general public. Under this standard,
all new buses need not be accessible if the transit authority can
demonstrate that it can meet the needs of disabled people with current
accessible buses.

With respect to rail systems, the original ADA required that 50% of
existing cars be made accessible within 7 years (requiring extensive
retrofitting); in contrast the revised ADA requires that at least one
car be made accessible within 5 years. Further, under the original ADA
all stations would have to be made accessible within 10 years; in
contrast under the revised ADA only key stations must be made accessible
within 20 years.

The original ADA covered airplanes; the revised ADA does not. The
original ADA covered taxicabs; the revised ADA does not require that
cabs be made accessible but prohibits a driver from refusing to pick up
a disabled person who can use a car.

Enforcement

The original ADA included an enforcement provision that applied to the
entire Act. The provision provided for injunctive and monetary damages.

The revised bill has a separate enforcement section for each title.
With respect to employment, the revised bill incorporates by reference
the enforcement provisions in title VII of the Civil Rights Act of 1964
and for acts of intentional discrimination, section 1981 of the Civil
Rights Act of 1866.

With respect to public services, the revised bill incorporates by
reference the provisions of section 505 of the Rehabilitation Act (the
enforcement provisions generally applicable to section 504).

With respect to public accommodations and communications, the revised
bill generally incorporates the enforcement provisions in the Fair
Housing Act, as recently amended.

Attorneys fees provision are included in both versions.

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News Release September 7, 1989
Tom Harkin of Iowa United States Senator

HARKIN'S AMERICANS WITH DISABILITIES ACT PASSES SENATE

Washington, D.C. -- By a vote of 76 to 8, the United States Senate
tonight passed the Americans with Disabilities Act (ADA), landmark
legislation authored by U.S. Senator Tom Harkin (D-Iowa) which
extends civil rights protections to 43 million disabled Americans.

"The ADA is about abilities, not disabilities," Harkin said. "It
is about unleashing the talents, skills, enthusiasms and commitment
of 43 million Americans who want to contribute and aren't allowed
to. With the passage of this historic legislation, this 20th
century Emancipation Proclamation for people with disabilities, we
will deny them the opportunity no longer."

The ADA, which was passed with a strong bipartisan vote, has the
support of President Bush and Attorney General Richard Thornburgh.
It has been pushed by more than 180 national disability and
religious organizations. Although the House committees with
jurisdiction have yet to act on ADA, the bill is expected to
receive the President's signature by the end of the year.

The ADA prohibits discrimination on the basis of disability in the
areas of employment in the private sector, public accommodations,
services provided by state and local governments,
telecommunications and transportation.

The bill has been the subject of extensive hearings and
negotiations this summer. It was unanimously passed last month by
the Labor and Human Resources Committee. Harkin, whose brother is
deaf, is chairman of the Subcommittee on the Handicapped and has
been very active on disability rights issues.

"Compromise, carefully crafted and painstakingly wrought, has
resulted in a bill that takes into account the very real concerns
of the business community, while advancing the cause of equal
justice and equal opportunity for our citizens with disabilities,"
Harkin said in bringing his bill to the floor.

Putting an end to discrimination on the basis of disability will
reduce federal government expenditures of an estimated $57 billion
spent annually on disability benefits and programs. Two-thirds of
all disabled Americans between the age of 16 and 64 are not
employed, yet 66 percent of those not working have said they want
to work but cannot find a job.

Harkin hopes that, through passage of the ADA, millions of
Americans with disabilities will be able to enter the mainstream of
society as consumers and taxpayers, bringing millions of dollars in
tax dollars to the federal, state and local treasuries.

For more information call Pam McKinney or Alex Sachs at 202/224-3254