ADA

  SEC. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC 
      TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES. 
    (a) General Rule.--No individual shall be discriminated against on the 
  basis of disability in the full and equal enjoyment of specified public 
  transportation services provided by a private entity that is primarily 
  engaged in the business of transporting people and whose operations affect 
  commerce. 
    (b) Construction.--For purposes of subsection (a), discrimination 
  includes-- 
        (1) the imposition or application by a entity described in subsection 
      (a) of eligibility criteria that screen out or tend to screen out an 
      individual with a disability or any class of individuals with 
      disabilities from fully enjoying the specified public transportation 
      services provided by the entity, unless such criteria can be shown to be 
      necessary for the provision of the services being offered; 
        (2) the failure of such entity to-- 
            (A) make reasonable modifications consistent with those required 
          under section 302(b)(2)(A)(ii); 
            (B) provide auxiliary aids and services consistent with the 
          requirements of section 302(b)(2)(A)(iii); and 
            (C) remove barriers consistent with the requirements of section 
          302(b)(2)(A) and with the requirements of section 303(a)(2); 
        (3) the purchase or lease by such entity of a new vehicle (other than 
      an automobile, a van with a seating capacity of less than 8 passengers, 
      including the driver, or an over-the-road bus) which is to be used to 
      provide specified public transportation and for which a solicitation is 
      made after the 30th day following the effective date of this section, 
      that is not readily accessible to and usable by individuals with 
      disabilities, including individuals who use wheelchairs; except that the 
      new vehicle need not be readily accessible to and usable by such 
      individuals if the new vehicle is to be used solely in a demand 
      responsive system and if the entity can demonstrate that such system, 
      when viewed in its entirety, provides a level of service to such 
      individuals equivalent to the level of service provided to the general 
      public; 
        (4)(A) the purchase or lease by such entity of an over-the-road bus 
      which does not comply with the regulations issued under section 
      306(a)(2); and 
        (B) any other failure of such entity to comply with such regulations; 
      and 
        (5) the purchase or lease by such entity of a new van with a seating 
      capacity of less than 8 passengers, including the driver, which is to be 
      used to provide specified public transportation and for which a 
      solicitation is made after the 30th day following the effective date of 
      this section that is not readily accessible to or usable by individuals 
      with disabilities, including individuals who use wheelchairs; except that 
      the new van need not be readily accessible to and usable by such 
      individuals if the entity can demonstrate that the system for which the 
      van is being purchased or leased, when viewed in its entirety, provides a 
      level of service to such individuals equivalent to the level of service 
      provided to the general public; 
        (6) the purchase or lease by such entity of a new rail passenger car 
      that is to be used to provide specified public transportation, and for 
      which a solicitation is made later than 30 days after the effective date 
      of this paragraph, that is not readily accessible to and usable by 
      individuals with disabilities, including individuals who use wheelchairs; 
      and 
        (7) the remanufacture by such entity of a rail passenger car that is to 
      be used to provide specified public transportation so as to extend its 
      usable life for 10 years or more, or the purchase or lease by such entity 
      of such a rail car, unless the rail car, to the maximum extent feasible, 
      is made readily accessible to and usable by individuals with 
      disabilities, including individuals who use wheelchairs. 
    (c) Historical or Antiquated Cars.-- 
        (1) Exception.--To the extent that compliance with subsection (b)(2)(C) 
      or (b)(7) would significantly alter the historic or antiquated character 
      of a historical or antiquated rail passenger car, or a rail station 
      served exclusively by such cars, or would result in violation of any 
      rule, regulation, standard, or order issued by the Secretary of 
      Transportation under the Federal Railroad Safety Act of 1970, such 
      compliance shall not be required. 
        (2) Definition.--As used in this subsection, the term "historical or 
      antiquated rail passenger car" means a rail passenger car-- 
            (A) which is not less than 30 years old at the time of its use for 
          transporting individuals; 
            (B) the manufacturer of which is no longer in the business of 
          manufacturing rail passenger cars; and 
            (C) which-- 
                (i) has a consequential association with events or persons 
              significant to the past; or 
                (ii) embodies, or is being restored to embody, the distinctive 
              characteristics of a type of rail passenger car used in the past, 
              or to represent a time period which has passed. 

  SEC. 305. STUDY. 
    (a) Purposes.--The Office of Technology Assessment shall undertake a study 
  to determine-- 
        (1) the access needs of individuals with disabilities to over-the-road 
      buses and over-the-road bus service; and 
        (2) the most cost-effective methods for providing access to over-the- 
      road buses and over-the-road bus service to individuals with 
      disabilities, particularly individuals who use wheelchairs, through all 
      forms of boarding options. 
    (b) Contents.--The study shall include, at a minimum, an analysis of the 
  following: 
        (1) The anticipated demand by individuals with disabilities for 
      accessible over-the-road buses and over-the-road bus service. 
        (2) The degree to which such buses and service, including any service 
      required under sections 304(b)(4) and 306(a)(2), are readily accessible 
      to and usable by individuals with disabilities. 
        (3) The effectiveness of various methods of providing accessibility to 
      such buses and service to individuals with disabilities. 
        (4) The cost of providing accessible over-the-road buses and bus 
      service to individuals with disabilities, including consideration of 
      recent technological and cost saving developments in equipment and 
      devices. 
        (5) Possible design changes in over-the-road buses that could enhance 
      accessibility, including the installation of accessible restrooms which 
      do not result in a loss of seating capacity. 
        (6) The impact of accessibility requirements on the continuation of 
      over-the-road bus service, with particular consideration of the impact of 
      such requirements on such service to rural communities. 
    (c) Advisory Committee.--In conducting the study required by subsection 
  (a), the Office of Technology Assessment shall establish an advisory 
  committee, which shall consist of-- 
        (1) members selected from among private operators and manufacturers of 
      over-the-road buses; 
        (2) members selected from among individuals with disabilities, 
      particularly individuals who use wheelchairs, who are potential riders of 
      such buses; and 
        (3) members selected for their technical expertise on issues included 
      in the study, including manufacturers of boarding assistance equipment 
      and devices. 
  The number of members selected under each of paragraphs (1) and (2) shall be 
  equal, and the total number of members selected under paragraphs (1) and (2) 
  shall exceed the number of members selected under paragraph (3). 
    (d) Deadline.--The study required by subsection (a), along with 
  recommendations by the Office of Technology Assessment, including any policy 
  options for legislative action, shall be submitted to the President and 
  Congress within 36 months after the date of the enactment of this Act. If the 
  President determines that compliance with the regulations issued pursuant to 
  section 306(a)(2)(B) on or before the applicable deadlines specified in 
  section 306(a)(2)(B) will result in a significant reduction in intercity 
  over-the-road bus service, the President shall extend each such deadline by 1 
  year. 
    (e) Review.--In developing the study required by subsection (a), the Office 
  of Technology Assessment shall provide a preliminary draft of such study to 
  the Architectural and Transportation Barriers Compliance Board established 
  under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). The 
  Board shall have an opportunity to comment on such draft study, and any such 
  comments by the Board made in writing within 120 days after the Board's 
  receipt of the draft study shall be incorporated as part of the final study 
  required to be submitted under subsection (d). 

  SEC. 306. REGULATIONS. 
    (a) Transportation Provisions.-- 
        (1) General rule.--Not later than 1 year after the date of the 
      enactment of this Act, the Secretary of Transportation shall issue 
      regulations in an accessible format to carry out sections 302(b)(2) (B) 
      and (C) and to carry out section 304 (other than subsection (b)(4)). 
        (2) Special rules for providing access to over-the-road buses.-- 
            (A) Interim requirements.-- 
                (i) Issuance.--Not later than 1 year after the date of the 
              enactment of this Act, the Secretary of Transportation shall 
              issue regulations in an accessible format to carry out sections 
              304(b)(4) and 302(b)(2)(D)(ii) that require each private entity 
              which uses an over-the-road bus to provide transportation of 
              individuals to provide accessibility to such bus; except that 
              such regulations shall not require any structural changes in 
              over-the-road buses in order to provide access to individuals who 
              use wheelchairs during the effective period of such regulations 
              and shall not require the purchase of boarding assistance devices 
              to provide access to such individuals. 
                (ii) Effective period.--The regulations issued pursuant to this 
              subparagraph shall be effective until the effective date of the 
              regulations issued under subparagraph (B). 
            (B) Final requirement.-- 
                (i) Review of study and interim requirements.--The Secretary 
              shall review the study submitted under section 305 and the 
              regulations issued pursuant to subparagraph (A). 
                (ii) Issuance.--Not later than 1 year after the date of the 
              submission of the study under section 305, the Secretary shall 
              issue in an accessible format new regulations to carry out 
              sections 304(b)(4) and 302(b)(2)(D)(ii) that require, taking into 
              account the purposes of the study under section 305 and any 
              recommendations resulting from such study, each private entity 
              which uses an over-the-road bus to provide transportation to 
              individuals to provide accessibility to such bus to individuals 
              with disabilities, including individuals who use wheelchairs. 
                (iii) Effective period.--Subject to section 305(d), the 
              regulations issued pursuant to this subparagraph shall take 
              effect-- 
                    (I) with respect to small providers of transportation (as 
                  defined by the Secretary), 7 years after the date of the 
                  enactment of this Act; and 
                    (II) with respect to other providers of transportation, 6 
                  years after such date of enactment. 
            (C) Limitation on requiring installation of accessible restrooms.-- 
          The regulations issued pursuant to this paragraph shall not require 
          the installation of accessible restrooms in over-the-road buses if 
          such installation would result in a loss of seating capacity. 
        (3) Standards.--The regulations issued pursuant to this subsection 
      shall include standards applicable to facilities and vehicles covered by 
      sections 302(b)(2) and 304. 
    (b) Other Provisions.--Not later than 1 year after the date of the 
  enactment of this Act, the Attorney General shall issue regulations in an 
  accessible format to carry out the provisions of this title not referred to 
  in subsection (a) that include standards applicable to facilities and 
  vehicles covered under section 302. 
    (c) Consistency With ATBCB Guidelines.--Standards included in regulations 
  issued under subsections (a) and (b) shall be consistent with the minimum 
  guidelines and requirements issued by the Architectural and Transportation 
  Barriers Compliance Board in accordance with section 504 of this Act. 
    (d) Interim Accessibility Standards.-- 
        (1) Facilities.--If final regulations have not been issued pursuant to 
      this section, for new construction or alterations for which a valid and 
      appropriate State or local building permit is obtained prior to the 
      issuance of final regulations under this section, and for which the 
      construction or alteration authorized by such permit begins within one 
      year of the receipt of such permit and is completed under the terms of 
      such permit, compliance with the Uniform Federal Accessibility Standards 
      in effect at the time the building permit is issued shall suffice to 
      satisfy the requirement that facilities be readily accessible to and 
      usable by persons with disabilities as required under section 303, except 
      that, if such final regulations have not been issued one year after the 
      Architectural and Transportation Barriers Compliance Board has issued the 
      supplemental minimum guidelines required under section 504(a) of this 
      Act, compliance with such supplemental minimum guidelines shall be 
      necessary to satisfy the requirement that facilities be readily 
      accessible to and usable by persons with disabilities prior to issuance 
      of the final regulations. 
        (2) Vehicles and rail passenger cars.--If final regulations have not 
      been issued pursuant to this section, a private entity shall be 
      considered to have complied with the requirements of this title, if any, 
      that a vehicle or rail passenger car be readily accessible to and usable 
      by individuals with disabilities, if the design for such vehicle or car 
      complies with the laws and regulations (including the Minimum Guidelines 
      and Requirements for Accessible Design and such supplemental minimum 
      guidelines as are issued under section 504(a) of this Act) governing 
      accessibility of such vehicles or cars, to the extent that such laws and 
      regulations are not inconsistent with this title and are in effect at the 
      time such design is substantially completed. 

  SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS 
          ORGANIZATIONS. 
    The provisions of this title shall not apply to private clubs or 
  establishments exempted from coverage under title II of the Civil Rights Act 
  of 1964 (42 U.S.C. 2000-a(e)) or to religious organizations or entities 
  controlled by religious organizations, including places of worship. 

  SEC. 308. ENFORCEMENT. 
    (a) In General.-- 
        (1) Availability of remedies and procedures.--The remedies and 
      procedures set forth in section 204(a) of the Civil Rights Act of 1964 
      (42 U.S.C. 2000a-3(a)) are the remedies and procedures this title 
      provides to any person who is being subjected to discrimination on the 
      basis of disability in violation of this title or who has reasonable 
      grounds for believing that such person is about to be subjected to 
      discrimination in violation of section 303. Nothing in this section shall 
      require a person with a disability to engage in a futile gesture if such 
      person has actual notice that a person or organization covered by this 
      title does not intend to comply with its provisions. 
        (2) Injunctive relief.--In the case of violations of sections 
      302(b)(2)(A)(iv) and section 303(a), injunctive relief shall include an 
      order to alter facilities to make such facilities readily accessible to 
      and usable by individuals with disabilities to the extent required by 
      this title. Where appropriate, injunctive relief shall also include 
      requiring the provision of an auxiliary aid or service, modification of a 
      policy, or provision of alternative methods, to the extent required by 
      this title. 
    (b) Enforcement by the Attorney General.-- 
        (1) Denial of rights.-- 
            (A) Duty to investigate.-- 
                (i) In general.--The Attorney General shall investigate alleged 
              violations of this title, and shall undertake periodic reviews of 
              compliance of covered entities under this title. 
                (ii) Attorney general certification.--On the application of a 
              State or local government, the Attorney General may, in 
              consultation with the Architectural and Transportation Barriers 
              Compliance Board, and after prior notice and a public hearing at 
              which persons, including individuals with disabilities, are 
              provided an opportunity to testify against such certification, 
              certify that a State law or local building code or similar 
              ordinance that establishes accessibility requirements meets or 
              exceeds the minimum requirements of this Act for the 
              accessibility and usability of covered facilities under this 
              title. At any enforcement proceeding under this section, such 
              certification by the Attorney General shall be rebuttable 
              evidence that such State law or local ordinance does meet or 
              exceed the minimum requirements of this Act. 
            (B) Potential violation.--If the Attorney General has reasonable 
          cause to believe that-- 
                (i) any person or group of persons is engaged in a pattern or 
              practice of discrimination under this title; or 
                (ii) any person or group of persons has been discriminated 
              against under this title and such discrimination raises an issue 
              of general public importance, 
          the Attorney General may commence a civil action in any appropriate 
          United States district court. 
        (2) Authority of court.--In a civil action under paragraph (1)(B), the 
      court-- 
            (A) may grant any equitable relief that such court considers to be 
          appropriate, including, to the extent required by this title-- 
                (i) granting temporary, preliminary, or permanent relief; 
                (ii) providing an auxiliary aid or service, modification of 
              policy, practice, or procedure, or alternative method; and 
                (iii) making facilities readily accessible to and usable by 
              individuals with disabilities; 
            (B) may award such other relief as the court considers to be 
          appropriate, including monetary damages to persons aggrieved when 
          requested by the Attorney General; and 
            (C) may, to vindicate the public interest, assess a civil penalty 
          against the entity in an amount-- 
                (i) not exceeding $50,000 for a first violation; and 
                (ii) not exceeding $100,000 for any subsequent violation. 
        (3) Single violation.--For purposes of paragraph (2)(C), in determining 
      whether a first or subsequent violation has occurred, a determination in 
      a single action, by judgment or settlement, that the covered entity has 
      engaged in more than one discriminatory act shall be counted as a single 
      violation. 
        (4) Punitive damages.--For purposes of subsection (b)(2)(B), the term 
      "monetary damages" and "such other relief" does not include punitive 
      damages. 
        (5) Judicial consideration.--In a civil action under paragraph (1)(B), 
      the court, when considering what amount of civil penalty, if any, is 
      appropriate, shall give consideration to any good faith effort or attempt 
      to comply with this Act by the entity. In evaluating good faith, the 
      court shall consider, among other factors it deems relevant, whether the 
      entity could have reasonably anticipated the need for an appropriate type 
      of auxiliary aid needed to accommodate the unique needs of a particular 
      individual with a disability. 

  SEC. 309. EXAMINATIONS AND COURSES. 
    Any person that offers examinations or courses related to applications, 
  licensing, certification, or credentialing for secondary or postsecondary 
  education, professional, or trade purposes shall offer such examinations or 
  courses in a place and manner accessible to persons with disabilities or 
  offer alternative accessible arrangements for such individuals. 

  SEC. 310. EFFECTIVE DATE. 
    (a) General Rule.--Except as provided in subsections (b) and (c), this 
  title shall become effective 18 months after the date of the enactment of 
  this Act. 
    (b) Civil Actions.--Except for any civil action brought for a violation of 
  section 303, no civil action shall be brought for any act or omission 
  described in section 302 which occurs-- 
        (1) during the first 6 months after the effective date,  against 
      businesses that employ 25 or fewer employees and have gross receipts of 
      $1,000,000 or less; and 
        (2) during the first year after the effective date, against businesses 
      that employ 10 or fewer employees and have gross receipts of $500,000 or 
      less. 
    (c) Exception.--Sections 302(a) for purposes of section 302(b)(2) (B) and 
  (C) only, 304(a) for purposes of section 304(b)(3) only, 304(b)(3), 305, and 
  306 shall take effect on the date of the enactment of this Act. 

  SEC. 401. TELECOMMUNICATIONS RELAY SERVICES FOR 
        HEARINGIMPAIRED AND SPEECH- IMPAIRED INDIVIDUALS. 
    (a) Telecommunications.--Title II of the Communications Act of 1934 (47 
  U.S.C. 201 et seq.) is amended by adding at the end thereof the following new 
  section: 

  "SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED 
       AND SPEECH- IMPAIRED INDIVIDUALS. 
    "(a) Definitions.--As used in this section-- 
        "(1) Common carrier or carrier.--The term 'common carrier' or 'carrier' 
      includes any common carrier engaged in interstate communication by wire 
      or radio as defined in section 3(h) and any common carrier engaged in 
      intrastate communication by wire or radio, notwithstanding sections 2(b) 
      and 221(b). 
        "(2) TDD.--The term 'TDD' means a Telecommunications Device for the 
      Deaf, which is a machine that employs graphic communication in the 
      transmission of coded signals through a wire or radio communication 
      system. 
        "(3) Telecommunications relay services.--The term 'telecommunications 
      relay services' means telephone transmission services that provide the 
      ability for an individual who has a hearing impairment or speech 
      impairment to engage in communication by wire or radio with a hearing 
      individual in a manner that is functionally equivalent to the ability of 
      an individual who does not have a hearing impairment or speech impairment 
      to communicate using voice communication services by wire or radio. Such 
      term includes services that enable two-way communication between an 
      individual who uses a TDD or other nonvoice terminal device and an 
      individual who does not use such a device. 
    "(b) Availability of Telecommunications Relay Services.-- 
        "(1) In general.--In order to carry out the purposes established under 
      section 1, to make available to all individuals in the United States a 
      rapid, efficient nationwide communication service, and to increase the 
      utility of the telephone system of the Nation, the Commission shall 
      ensure that interstate and intrastate telecommunications relay services 
      are available, to the extent possible and in the most efficient manner, 
      to hearing-impaired and speech-impaired individuals in the United States. 
        "(2) Use of General Authority and Remedies.--For the purposes of 
      administering and enforcing the provisions of this section and the 
      regulations prescribed thereunder, the Commission shall have the same 
      authority, power, and functions with respect to common carriers engaged 
      in intrastate communication as the Commission has in administering and 
      enforcing the provisions of this title with respect to any common carrier 
      engaged in interstate communication. Any violation of this section by any 
      common carrier engaged in intrastate communication shall be subject to 
      the same remedies, penalties, and procedures as are applicable to a 
      violation of this Act by a common carrier engaged in interstate 
      communication. 
    "(c) Provision of Services.--Each common carrier providing telephone voice 
  transmission services shall, not later than 3 years after the date of 
  enactment of this section, provide in compliance with the regulations 
  prescribed under this section, throughout the area in which it offers 
  service, telecommunications relay services, individually, through designees, 
  through a competitively selected vendor, or in concert with other carriers. A 
  common carrier shall be considered to be in compliance with such 
  regulations-- 
        "(1) with respect to intrastate telecommunications relay services in 
      any State that does not have a certified program under subsection (f) and 
      with respect to interstate telecommunications relay services, if such 
      common carrier (or other entity through which the carrier is providing 
      such relay services) is in compliance with the Commission's regulations 
      under subsection (d); or 
        "(2) with respect to intrastate telecommunications relay services in 
      any State that has a certified program under subsection (f) for such 
      State, if such common carrier (or other entity through which the carrier 
      is providing such relay services) is in compliance with the program 
      certified under subsection (f) for such State. 
    "(d) Regulations.-- 
        "(1) In general.--The Commission shall, not later than 1 year after the 
      date of enactment of this section, prescribe regulations to implement 
      this section, including regulations that-- 
            "(A) establish functional requirements, guidelines, and operations 
          procedures for telecommunications relay services; 
            "(B) establish minimum standards that shall be met in carrying out 
          subsection (c); 
            "(C) require that telecommunications relay services operate every 
          day for 24 hours per day; 
            "(D) require that users of telecommunications relay services pay 
          rates no greater than the rates paid for functionally equivalent 
          voice communication services with respect to such factors as the 
          duration of the call, the time of day, and the distance from point of 
          origination to point of termination; 
            "(E) prohibit relay operators from failing to fulfill the 
          obligations of common carriers by refusing calls or limiting the 
          length of calls that use telecommunications relay services; 
            "(F) prohibit relay operators from disclosing the content of any 
          relayed conversation and from keeping records of the content of any 
          such conversation beyond the duration of the call; and 
            "(G) prohibit relay operators from intentionally altering a relayed 
          conversation. 
        "(2) Technology.--The Commission shall ensure that regulations 
      prescribed to implement this section encourage, consistent with section 
      7(a) of this Act, the use of existing technology and do not discourage or 
      impair the development of improved technology. 
        "(3) Jurisdictional separation of costs.-- 
            "(A) In general.--Consistent with the provisions of section 410 of 
          this Act, the Commission shall prescribe regulations governing the 
          jurisdictional separation of costs for the services provided pursuant 
          to this section. 
            "(B) Recovering costs.--Such regulations shall generally provide 
          that costs caused by interstate telecommunications relay services 
          shall be recovered from all subscribers for every interstate service 
          and costs caused by intrastate telecommunications relay services 
          shall be recovered from the intrastate jurisdiction. In a State that 
          has a certified program under subsection (f), a State commission 
          shall permit a common carrier to recover the costs incurred in 
          providing intrastate telecommunications relay services by a method 
          consistent with the requirements of this section. 
    "(e) Enforcement.-- 
        "(1) In general.--Subject to subsections (f) and (g), the Commission 
      shall enforce this section. 
        "(2) Complaint.--The Commission shall resolve, by final order, a 
      complaint alleging a violation of this section within 180 days after the 
      date such complaint is filed. 
    "(f) Certification.-- 
        "(1) State documentation.--Any State desiring to establish a State 
      program under this section shall submit documentation to the Commission 
      that describes the program of such State for implementing intrastate 
      telecommunications relay services and the procedures and remedies 
      available for enforcing any requirements imposed by the State program. 
        "(2) Requirements for certification.--After review of such 
      documentation, the Commission shall certify the State program if the 
      Commission determines that-- 
            "(A) the program makes available to hearing-impaired and speech- 
          impaired individuals, either directly, through designees, through a 
          competitively selected vendor, or through regulation of intrastate 
          common carriers, intrastate telecommunications relay services in such 
          State in a manner that meets or exceeds the requirements of 
          regulations prescribed by the Commission under subsection (d); and 
            "(B) the program makes available adequate procedures and remedies 
          for enforcing the requirements of the State program. 
        "(3) Method of funding.--Except as provided in subsection (d), the 
      Commission shall not refuse to certify a State program based solely on 
      the method such State will implement for funding intrastate 
      telecommunication relay services. 
        "(4) Suspension or revocation of certification.--The Commission may 
      suspend or revoke such certification if, after notice and opportunity for 
      hearing, the Commission determines that such certification is no longer 
      warranted. In a State whose program has been suspended or revoked, the 
      Commission shall take such steps as may be necessary, consistent with 
      this section, to ensure continuity of telecommunications relay services. 
    "(g) Complaint.-- 
        "(1) Referral of complaint.--If a complaint to the Commission alleges a 
      violation of this section with respect to intrastate telecommunications 
      relay services within a State and certification of the program of such 
      State under subsection (f) is in effect, the Commission shall refer such 
      complaint to such State. 
        "(2) Jurisdiction of commission.--After referring a complaint to a 
      State under paragraph (1), the Commission shall exercise jurisdiction 
      over such complaint only if-- 
            "(A) final action under such State program has not been taken on 
          such complaint by such State-- 
                "(i) within 180 days after the complaint is filed with such 
              State; or 
                "(ii) within a shorter period as prescribed by the regulations 
              of such State; or 
            "(B) the Commission determines that such State program is no longer 
          qualified for certification under subsection (f).". 
    (b) Conforming Amendments.--The Communications Act of 1934 (47 U.S.C. 
      151 et seq.) is amended-- 
        (1) in section 2(b) (47 U.S.C. 152(b)), by striking "section 224" and 
      inserting "sections 224 and 225"; and 
        (2) in section 221(b) (47 U.S.C. 221(b)), by striking "section 301" and 
      inserting "sections 225 and 301". 

  SEC. 402. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS. 
    Section 711 of the Communications Act of 1934 is amended to read as 
  follows: 

  "SEC. 711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS. 
    "Any television public service announcement that is produced or funded in 
  whole or in part by any agency or instrumentality of Federal Government shall 
  include closed captioning of the verbal content of such announcement. A 
  television broadcast station licensee-- 
        "(1) shall not be required to supply closed captioning for any such 
      announcement that fails to include it; and 
        "(2) shall not be liable for broadcasting any such announcement without 
      transmitting a closed caption unless the licensee intentionally fails to 
      transmit the closed caption that was included with the announcement.". 

  SEC. 501. CONSTRUCTION. 
    (a) In General.--Except as otherwise provided in this Act, nothing in this 
  Act shall be construed to apply a lesser standard than the standards applied 
  under title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or 
  the regulations issued by Federal agencies pursuant to such title. 
    (b) Relationship to Other Laws.--Nothing in this Act shall be construed to 
  invalidate or limit the remedies, rights, and procedures of any Federal law 
  or law of any State or political subdivision of any State or jurisdiction 
  that provides greater or equal protection for the rights of individuals with 
  disabilities than are afforded by this Act. Nothing in this Act shall be 
  construed to preclude the prohibition of, or the imposition of restrictions 
  on, smoking in places of employment covered by title I, in transportation 
  covered by title II or III, or in places of public accommodation covered by 
  title III. 
    (c) Insurance.--Titles I through IV of this Act shall not be construed to 
  prohibit or restrict-- 
        (1) an insurer, hospital or medical service company, health maintenance 
      organization, or any agent, or entity that administers benefit plans, or 
      similar organizations from underwriting risks, classifying risks, or 
      administering such risks that are based on or not inconsistent with State 
      law; or 
        (2) a person or organization covered by this Act from establishing, 
      sponsoring, observing or administering the terms of a bona fide benefit 
      plan that are based on underwriting risks, classifying risks, or 
      administering such risks that are based on or not inconsistent with State 
      law; or 
        (3) a person or organization covered by this Act from establishing, 
      sponsoring, observing or administering the terms of a bona fide benefit 
      plan that is not subject to State laws that regulate insurance. 
  Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the 
  purposes of title I and III. 
    (d) Accommodations and Services.--Nothing in this Act shall be construed to 
  require an individual with a disability to accept an accommodation, aid, 
  service, opportunity, or benefit which such individual chooses not to accept. 

  SEC. 502. STATE IMMUNITY. 
    A State shall not be immune under the eleventh amendment to the 
  Constitution of the United States from an action in Federal or State court of 
  competent jurisdiction for a violation of this Act. In any action against a 
  State for a violation of the requirements of this Act, remedies (including 
  remedies both at law and in equity) are available for such a violation to the 
  same extent as such remedies are available for such a violation in an action 
  against any public or private entity other than a State. 

  SEC. 503. PROHIBITION AGAINST RETALIATION AND COERCION. 
    (a) Retaliation.--No person shall discriminate against any individual 
  because such individual has opposed any act or practice made unlawful by this 
  Act or because such individual made a charge, testified, assisted, or 
  participated in any manner in an investigation, proceeding, or hearing under 
  this Act. 
    (b) Interference, Coercion, or Intimidation.--It shall be unlawful to 
  coerce, intimidate, threaten, or interfere with any individual in the 
  exercise or enjoyment of, or on account of his or her having exercised or 
  enjoyed, or on account of his or her having aided or encouraged any other 
  individual in the exercise or enjoyment of, any right granted or protected by 
  this Act. 
    (c) Remedies and Procedures.--The remedies and procedures available under 
  sections 107, 203, and 308 of this Act shall be available to aggrieved 
  persons for violations of subsections (a) and (b), with respect to title I, 
  title II and title III, respectively. 

  SEC. 504. REGULATIONS BY THE ARCHITECTURAL AND TRANSPORTATION 
       BARRIERS COMPLIANCE BOARD. 
    (a) Issuance of Guidelines.--Not later than 9 months after the date of 
  enactment of this Act, the Architectural and Transportation Barriers 
  Compliance Board shall issue minimum guidelines that shall supplement the 
  existing Minimum Guidelines and Requirements for Accessible Design for 
  purposes of titles II and III of this Act. 
    (b) Contents of Guidelines.--The supplemental guidelines issued under 
  subsection (a) shall establish additional requirements, consistent with this 
  Act, to ensure that buildings, facilities, rail passenger cars, and vehicles 
  are accessible, in terms of architecture and design, transportation, and 
  communication, to individuals with disabilities. 
    (c) Qualified Historic Properties.-- 
        (1) In general.--The supplemental guidelines issued under subsection 
      (a) shall include procedures and requirements for alterations that will 
      threaten or destroy the historic significance of qualified historic 
      buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal 
      Accessibility Standards. 
        (2) Sites eligible for listing in national register.--With respect to 
      alterations of buildings or facilities that are eligible for listing in 
      the National Register of Historic Places under the National Historic 
      Preservation Act (16 U.S.C. 470 et seq.), the guidelines described in 
      paragraph (1) shall, at a minimum, maintain the procedures and 
      requirements established in 4.1.7 (1) and (2) of the Uniform Federal 
      Accessibility Standards. 
        (3) Other sites.--With respect to alterations of buildings or 
      facilities designated as historic under State or local law, the 
      guidelines described in paragraph (1) shall establish procedures 
      equivalent to those established by 4.1.7(1) (b) and (c) of the Uniform 
      Federal Accessibility Standards, and shall require, at a minimum, 
      compliance with the requirements established in 4.1.7(2) of such 
      standards. 

  SEC. 505. ATTORNEY'S FEES. 
    In any action or administrative proceeding commenced pursuant to this 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. 

  SEC. 506. TECHNICAL ASSISTANCE. 
    (a) Plan for Assistance.-- 
        (1) In general.--Not later than 180 days after the date of enactment of 
      this Act, the Attorney General, in consultation with the Chair of the 
      Equal Employment Opportunity Commission, the Secretary of Transportation, 
      the Chair of the Architectural and Transportation Barriers Compliance 
      Board, and the Chairman of the Federal Communications Commission, shall 
      develop a plan to assist entities covered under this Act, and other 
      Federal agencies, in understanding the responsibility of such entities 
      and agencies under this Act. 
        (2) Publication of plan.--The Attorney General shall publish the plan 
      referred to in paragraph (1) for public comment in accordance with 
      subchapter II of chapter 5 of title 5, United States Code (commonly known 
      as the Administrative Procedure Act). 
    (b) Agency and Public Assistance.--The Attorney General may obtain the 
  assistance of other Federal agencies in carrying out subsection (a), 
  including the National Council on Disability, the President's Committee on 
  Employment of People with Disabilities, the Small Business Administration, 
  and the Department of Commerce. 
    (c) Implementation.-- 
        (1) Rendering assistance.--Each Federal agency that has responsibility 
      under paragraph (2) for implementing this Act may render technical 
      assistance to individuals and institutions that have rights or duties 
      under the respective title or titles for which such agency has 
      responsibility. 
        (2) Implementation of titles.-- 
            (A) Title i.--The Equal Employment Opportunity Commission and the 
          Attorney General shall implement the plan for assistance developed 
          under subsection (a), for title I. 
            (B) Title ii.-- 
                (i) Subtitle a.--The Attorney General shall implement such plan 
              for assistance for subtitle A of title II. 
                (ii) Subtitle b.--The Secretary of Transportation shall 
              implement such plan for assistance for subtitle B of title II. 
            (C) Title iii.--The Attorney General, in coordination with the 
          Secretary of Transportation and the Chair of the Architectural 
          Transportation Barriers Compliance Board, shall implement such plan 
          for assistance for title III, except for section 304, the plan for 
          assistance for which shall be implemented by the Secretary of 
          Transportation. 
            (D) Title iv.--The Chairman of the Federal Communications 
          Commission, in coordination with the Attorney General, shall 
          implement such plan for assistance for title IV. 
        (3) Technical assistance manuals.--Each Federal agency that has 
      responsibility under paragraph (2) for implementing this Act shall, as 
      part of its implementation responsibilities, ensure the availability and 
      provision of appropriate technical assistance manuals to individuals or 
      entities with rights or duties under this Act no later than six months 
      after applicable final regulations are published under titles I, II, III, 
      and IV. 
    (d) Grants and Contracts.-- 
        (1) In general.--Each Federal agency that has responsibility under 
      subsection (c)(2) for implementing this Act may make grants or award 
      contracts to effectuate the purposes of this section, subject to the 
      availability of appropriations. Such grants and contracts may be awarded 
      to individuals, institutions not organized for profit and no part of the 
      net earnings of which inures to the benefit of any private shareholder or 
      individual (including educational institutions), and associations 
      representing individuals who have rights or duties under this Act. 
      Contracts may be awarded to entities organized for profit, but such 
      entities may not be the recipients or grants described in this paragraph. 
        (2) Dissemination of information.--Such grants and contracts, among 
      other uses, may be designed to ensure wide dissemination of information 
      about the rights and duties established by this Act and to provide 
      information and technical assistance about techniques for effective 
      compliance with this Act. 
    (e) Failure to Receive Assistance.--An employer, public accommodation, or 
  other entity covered under this Act shall not be excused from compliance with 
  the requirements of this Act because of any failure to receive technical 
  assistance under this section, including any failure in the development or 
  dissemination of any technical assistance manual authorized by this section. 

  SEC. 507. FEDERAL WILDERNESS AREAS. 
    (a) Study.--The National Council on Disability shall conduct a study and 
  report on the effect that wilderness designations and wilderness land 
  management practices have on the ability of individuals with disabilities to 
  use and enjoy the National Wilderness Preservation System as established 
  under the Wilderness Act (16 U.S.C. 1131 et seq.). 
    (b) Submission of Report.--Not later than 1 year after the enactment of 
  this Act, the National Council on Disability shall submit the report required 
  under subsection (a) to Congress. 
    (c) Specific Wilderness Access.-- 
        (1) In general.--Congress reaffirms that nothing in the Wilderness Act 
      is to be construed as prohibiting the use of a wheelchair in a wilderness 
      area by an individual whose disability requires use of a wheelchair, and 
      consistent with the Wilderness Act no agency is required to provide any 
      form of special treatment or accommodation, or to construct any 
      facilities or modify any conditions of lands within a wilderness area in 
      order to facilitate such use. 
        (2) Definition.--For purposes of paragraph (1), the term "wheelchair" 
      means a device designed solely for use by a mobility-impaired person for 
      locomotion, that is suitable for use in an indoor pedestrian area. 

  SEC. 508. TRANSVESTITES. 
    For the purposes of this Act, the term "disabled" or "disability" shall not 
  apply to an individual solely because that individual is a transvestite. 

  SEC. 509. COVERAGE OF CONGRESS AND THE AGENCIES OF THE 
       LEGISLATIVE  BRANCH. 
             (a) Coverage of the Senate.-- 
        (1) Commitment to Rule XLII.--The Senate reaffirms its commitment to 
      Rule XLII of the Standing Rules of the Senate which provides as follows: 
        "No member, officer, or employee of the Senate shall, with respect to 
      employment by the Senate or any office thereof-- 
            "(a) fail or refuse to hire an individual; 
            "(b) discharge an individual; or 
            "(c) otherwise discriminate against an individual with respect to 
          promotion, compensation, or terms, conditions, or privileges of 
          employment 
      on the basis of such individual's race, color, religion, sex, national 
      origin, age, or state of physical handicap.". 
        (2) Application to Senate employment.--The rights and protections 
      provided pursuant to this Act, the Civil Rights Act of 1990 (S. 2104, 
      101st Congress), the Civil Rights Act of 1964, the Age Discrimination in 
      Employment Act of 1967, and the Rehabilitation Act of 1973 shall apply 
      with respect to employment by the United States Senate. 
        (3) Investigation and adjudication of claims.--All claims raised by any 
      individual with respect to Senate employment, pursuant to the Acts 
      referred to in paragraph (2), shall be investigated and adjudicated by 
      the Select Committee on Ethics, pursuant to S. Res. 338, 88th Congress, 
      as amended, or such other entity as the Senate may designate. 
        (4) Rights of employees.--The Committee on Rules and Administration 
      shall ensure that Senate employees are informed of their rights under the 
      Acts referred to in paragraph (2). 
        (5) Applicable Remedies.--When assigning remedies to individuals found 
      to have a valid claim under the Acts referred to in paragraph (2), the 
      Select Committee on Ethics, or such other entity as the Senate may 
      designate, should to the extent practicable apply the same remedies 
      applicable to all other employees covered by the Acts referred to in 
      paragraph (2). Such remedies shall apply exclusively. 
        (6) Matters Other Than Employment.-- 
            (A) In General.--The rights and protections under this Act shall, 
          subject to subparagraph (B), apply with respect to the conduct of the 
          Senate regarding matters other than employment. 
            (B) Remedies.--The Architect of the Capitol shall establish 
          remedies and procedures to be utilized with respect to the rights and 
          protections provided pursuant to subparagraph (A). Such remedies and 
          procedures shall apply exclusively, after approval in accordance with 
          subparagraph (C). 
            (C) Proposed remedies and procedures.--For purposes of subparagraph 
          (B), the Architect of the Capitol shall submit proposed remedies and 
          procedures to the Senate Committee on Rules and Administration. The 
          remedies and procedures shall be effective upon the approval of the 
          Committee on Rules and Administration. 
        (7) Exercise of rulemaking power.--Notwithstanding any other provision 
      of law, enforcement and adjudication of the rights and protections 
      referred to in paragraph (2) and (6)(A) shall be within the exclusive 
      jurisdiction of the United States Senate. The provisions of paragraph 
      (1), (3), (4), (5), (6)(B), and (6)(C) are enacted by the Senate as an 
      exercise of the rulemaking power of the Senate, with full recognition of 
      the right of the Senate to change its rules, in the same manner, and to 
      the same extent, as in the case of any other rule of the Senate. 
    (b) Coverage of the House of Representatives.-- 
        (1) In general.--Notwithstanding any other provision of this Act or of 
      law, the purposes of this Act shall, subject to paragraphs (2) and (3), 
      apply in their entirety to the House of Representatives. 
        (2) Employment in the house.-- 
            (A) Application.--The rights and protections under this Act shall, 
          subject to subparagraph (B), apply with respect to any employee in an 
          employment position in the House of Representatives and any employing 
          authority of the House of Representatives. 
            (B) Administration.-- 
                (i) In general.--In the administration of this paragraph, the 
              remedies and procedures made applicable pursuant to the 
              resolution described in clause (ii) shall apply exclusively. 
                (ii) Resolution.--The resolution referred to in clause (i) is 
              House Resolution 15 of the One Hundred First Congress, as agreed 
              to January 3, 1989, or any other provision that continues in 
              effect the provisions of, or is a successor to, the Fair 
              Employment Practices Resolution (House Resolution 558 of the One 
              Hundredth Congress, as agreed to October 4, 1988). 
            (C) Exercise of rulemaking power.--The provisions of subparagraph 
          (B) are enacted by the House of Representatives as an exercise of the 
          rulemaking power of the House of Representatives, with full 
          recognition of the right of the House to change its rules, in the 
          same manner, and to the same extent as in the case of any other rule 
          of the House. 
        (3) Matters other than employment.-- 
            (A) In general.--The rights and protections under this Act shall, 
          subject to subparagraph (B), apply with respect to the conduct of the 
          House of Representatives regarding matters other than employment. 
            (B) Remedies.--The Architect of the Capitol shall establish 
          remedies and procedures to be utilized with respect to the rights and 
          protections provided pursuant to subparagraph (A). Such remedies and 
          procedures shall apply exclusively, after approval in accordance with 
          subparagraph (C). 
            (C) Approval.--For purposes of subparagraph (B), the Architect of 
          the Capitol shall submit proposed remedies and procedures to the 
          Speaker of the House of Representatives. The remedies and procedures 
          shall be effective upon the approval of the Speaker, after 
          consultation with the House Office Building Commission. 
    (c) Instrumentalities of Congress.-- 
        (1) In general.--The rights and protections under this Act shall, 
      subject to paragraph (2), apply with respect to the conduct of each 
      instrumentality of the Congress. 
        (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.