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GONZALEZ, Mr. ENGEL, Mr. AUCOIN, Mr. EAUNTBOY, Mr. MBAZEK, Mr. FORD of Michigan, Mr. STOKES, Mrs. Booos, Mr. LIPINSKI, Mr. BustaMANTE, Mr. HALL of Ohio, Mr. DORGAN of North Dakota, Mr. VOLKMER, Mr. WALSH, Ms. KAPTUR, Mr. POSHARD, Mr. NBAL of Massachusetts, Mr. Roe, Mr. DERRICK, Mr. JONES of Georgia, Mr. SAVAGE, Mr. Bares, Mr. HERTEL, Mr. TORRICELLI, Mr. JONES of North Carolina, Mr. PANETTA, Mr. RAVENBL, Mr. TRAFICANT, Ms. OAKAR, Mr. DeFazio, Mr. WATKINS, Ms. FASCELL, Mr. PAYNE of New Jersey, Mr. RIDGE, Mr. SIKORSKI, Mr. STARK, Mr. TORRES, Mr. HUGHES, Mrs. BYRON, Mr. SMITH of Florida, Mr. HOCHBRUBCKNER, Mr. WILSON, Mr. LELAND, Ms. SLAUGHTER of New York, Mr. COSTELLO, Mr. EVANS, Mr. DARDEN, Mr. SKAGGS, Mr. YATRON, Mr. SANGMEISTER, Mr. JENKINS, Mr. JOHNSON of South Dakota, Mr. GREEN, Mr. Dyson, Mr. CLEMENT, Mr. SLATTBBY, Mr. KOSTWAYER, Mr. Nowak, Mr. SCHEUER, Mr. CARR, Mr. HAMILTON, Mr. McMILLEN of Maryland, Mr. Swirt, Mr. FLAKE, Mr. HUBBARD, Mr. COLEMAN of Texas, Mr. CHAPMAN, Mr. ECKABT, Mr. REGULA, Ms. LONG, Mr. EARLY, Mr. ROSE, Mr. TALLON, Mr. BEVILL, Mrs. LOWEY of New York, Mr. GIBBONS, Mr. WYDEN, Mr. NEAL of North Carolina, Mr. SHARP, Mr. CAMPBELL of Colorado, Mr. HOAGLAND, Mr. ANDREW8, Mr. ANNUNZIO, Mr. ABPIN, Mr. MURPHY, Mr. GLICKOLAN, Mr. PERKINS, Mr. SKBLTON, Mr. WEBER, Mrs. JOHNBON of Connecticut, Mr. ROWLAND of Georgia, Mr. Price, Mr. GUNDERSON, Mr. STAGORES, and Mr. PORTER

OCTOBER 3, 1989 Additional sponsors: Mr. LEACH of Iowa, Mr. LEATH of Texas, Mr. ANDERSON,

Mr. NAGLE, Mr. MOLLOHAN, Mr. PICKLE, Mr. Davis, Mr. NELSON of Flor ida, Mr. SPRATT, Mr. BBUCE, and Mr. HYDE

A BILL

To establish a clear and comprehensive prohibition of

discrimination on the basis of disability.

1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT. TITLE.—This Act may be cited as the 5 "Americans with Disabilities Act of 1989”.

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(b) TABLE OF CONTENTS.-The table of contents is as

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OHR 2273 SC

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Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.

TITLE I-GENERAL PROHIBITION AGAINST DISCRIMINATION

Sec. 101. Forms of discrimination prohibited.

TITLE I-EMPLOYMENT

Soc. 201. Definitions.
Sec. 202. Discrimination.
Sec. 203. Posting noticos.
Sec. 204. Regulations.
Soc. 205. Enforcement.

TITLE II - PUBLIC SERVICES

Sec. 301. Definition of qualified individual with a disability.
Sec. 302. Discrimination.
Sec. 303. Actions applicable to public transportation considered discriminatory.
Soc. 304. Regulations.
Soc. 305. Enforcement.

TITLE I-PUBLIC ACCOMMODATIONS AND SERVICES OPERATED

BY PRIVATE ENTITIES

Sec. 401. Definitions.
Sec. 402. Prohibition of discrimination by public accommodations.
Sec. 403. Prohibition of discrimination in public transportation services provided by

private entities.
Sec. 404. Regulations.
Sec. 405. Enforcement.

TITLE V-TELECOMMUNICATIONS RELAY SERVICES

Sec. 501. Definitions.
Sec. 502. Telecommunications relay services.
Sec. 503. Regulations.
Sec. 504. Enforcement.

TITLE VI-MISCELLANEOUS PROVISIONS

Sec. 601. Construction.
Sec. 602. Prohibition against retaliation.
Sec. 603. State immunity.
Sec. 604. Regulations by the Architectural and Transportation Barriers Compliance

Board.
Sec. 605. Attorney's feer.
Sec. 606. Effective date.

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(1) some 43,000,000 Americans have one or more

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physical or mental disabilities, and this number is increasing as the population as a whole is growing older;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination

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against individuals with disabilities continue to be a se

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rious and pervasive social problem;

(3) discrimination against individuals with disabil

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ities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization,

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health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, sex, national origin,

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religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

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(5) individuals with disabilities continually encoun

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ter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation,

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HR 2973 SC

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and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

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(7) individuals with disabilities are a discrete and

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insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;

(8) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United

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OHR 2273 SC

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(1) to provide a clear and comprehensive National

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mandate for the elimination of discrimination against

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individuals with disabilities;

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(2) to provide clear, strong, consistent, enforceable

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standards addressing discrimination against individuals

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with disabilities;

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(3) to ensure that the Federal Government plays a central role in enforcing the standards established in

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this Act on behalf of individuals with disabilities; and

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(4) to invoke the sweep of congressional authority, including its power to enforce the fourteenth amend

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ment and to regulate commerce in order to address the

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major areas of discrimination faced day-to-day by

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(1) AUXILIARY AIDS AND SERVICES.—The term

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"auxiliary aids and services” shall include

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(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

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OHR 2273 8C

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