5 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; (7) individuals with disabilities are a discrete and 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 HR 2273 SC 6 State billions of dollars in unnecessary expenses result (b) PURPOSE.—It is the purpose of this Act— (1) to provide a clear and comprehensive National mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; 1 2 ing from dependency and nonproductivity. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and (4) to invoke the sweep of congressional authority, including its power to enforce the fourteenth amendment and to regulate commerce in order to address the major areas of discrimination faced day-to-day by people with disabilities. (1) AUXILIARY AIDS AND SERVICES.-The term "auxiliary aids and services" shall include (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; HR 2273 SC 7 (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual im pairments; (C) acquisition or modification of equipment or devices; and (D) other similar services and actions. (2) DISABILITY.-The term "disability" means, with respect to an individual— (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; ment. (B) a record of such an impairment; or (C) being regarded as having such an impair (3) REASONABLE ACCOMMODATION.-The term "reasonable accommodation" shall include (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (B) 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 pro HR 2273 SC 1 2 3 8 cedures or protocols, the provision of qualified readers or interpreters, and other similar accommodations. 4 5 (4) STATE. The term "State" means each of the several States, the District of Columbia, the Common 6 wealth of Puerto Rico, Guam, American Samoa, the 7 Virgin Islands, the Canal Zone, the Trust Territory of 34 14 (a) IN GENERAL.— (1) SERVICES, PROGRAMS, ACTIVITIES, BENEFITS, JOBS, OR OTHER OPPORTUNITIES.-Subject to the standards and procedures established in titles II through V, it shall be discriminatory to subject an individual or class of individuals, directly or through con tractual, licensing, or other arrangements, on the basis of disability, to any of the following: (A) Denying the opportunity to participate in or benefit from a service, program, activity, bene fit, job, or other opportunity. (B) Affording an opportunity to participate in or benefit from a service, program, activity, bene HR 2273 SC 9 fit, job, or other opportunity that is not equal to that afforded others. (C) Providing a service, program, activity, benefit, job, or other opportunity that is less effective than that provided to others. (D) Providing a service, program, activity, benefit, job, or other opportunity that is different or separate, unless such action is necessary to provide the individual or class of individuals with a service, program, activity, benefit, job, or other opportunity that is as effective as that provided to others. (E) Aiding or perpetuating discrimination by providing significant assistance to an agency, organization, or individual that discriminates. (F) Denying the opportunity to participate as a member of boards or commissions. (G) Otherwise limiting the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others. (2) EQUAL OPPORTUNITY.-For purposes of this Act, aids, benefits, and services to be equally effective, must afford an individual with a disability an equal op portunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in |