Summary of the Major Changes to the Senate Version of the Americans with Disabilities Act Made by the House Amendment

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s-leg_553_004_005

Title (Dublin Core)

Summary of the Major Changes to the Senate Version of the Americans with Disabilities Act Made by the House Amendment

Description (Dublin Core)

Report outlining the changes made to the Senate version of the Americans with Disabilities Act made by the House. The changes are in regards to employment, state and local government, transportation, public accommodation, and telecommunications.

Date (Dublin Core)

1990-05-22

Date Created (Dublin Core)

1990-05-22

Congress (Dublin Core)

101st (1989-1991)

Topics (Dublin Core)

See all items with this valuePeople with disabilities

See all items with this valuePeople with disabilities--Employment

See all items with this valueSmall business

See all items with this valueTransportation

Policy Area (Curation)

Civil Rights and Liberties, Minority Issues

Creator (Dublin Core)

Harkin, Tom

Record Type (Dublin Core)

report

Names (Dublin Core)

See all items with this valueUnited States. Americans with Disabilities Act of 1990

See all items with this valueUnited States. Rehabilitation Act of 1973

Rights (Dublin Core)

http://rightsstatements.org/vocab/CNE/1.0/

Language (Dublin Core)

eng

Collection Finding Aid (Dublin Core)

https://dolearchivecollections.ku.edu/index.php?p=collections/findingaid&id=23&q=

Physical Location (Dublin Core)

Collection 003, Box 553, Folder 4

Institution (Dublin Core)

Robert J. Dole Institute of Politics, University of Kansas, Lawrence, KS

Archival Collection (Dublin Core)

Robert J. Dole Senate Papers-Legislative Relations, 1969-1996

Full Text (Extract Text)

5/22/90

SUMMARY OF THE MAJOR CHANGES TO THE SENATE VERSION OF THE AMERICANS WITH DISABILITIES ACT MADE BY THE HOUSE AMENDMENT

TITLE I: EMPLOYMENT

The House Substitute Amendment makes a limited number of clarifying changes to the Senate bill; only one substantive change of import was made.

The House amendment: clarifies that consideration shall be given to an employer’s judgment as to what functions of a job are essential and written descriptions shall be considered evidence of essential functions; clarifies how the reasonable accommodation/undue hardship provisions operate in multiple-site companies; clarifies that voluntary health prevention programs are still permissible; and clarifies that persons who pose a direct threat to the health or safety of others (i.e., a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation) are not qualified individuals under the Act. Also, the House amendment requires coordination between multiple agencies in the enforcement of the ADA and section 504 of the Rehabilitation Act.

The Amendment adds a specific provision regarding food handlers. The Senate bill specifies that any person with a contagious disease who poses a direct threat to the health and safety may be fired or reassigned. The House amendment specifies that it is not a violation of the Act for any employer to refuse to assign or continue to assign any employee with an infectious or communicable disease of public health significance (whether or not the individual poses a direct threat to the health or safety of others) to a job involving food handling, provided that the employer shall make reasonable accommodation that would offer an alternative employment opportunity for which the employee is qualified and for which the employee would sustain no economic loss.

TITTLE II: STATE AND LOCAL GOVERNMENT AND PUBLIC TRANSPORTATION

The House amendment makes no substantive changes to coverage of state and local governments and makes no changes to provisions applicable to ensuring that public buses be made accessible. The House amendment clarifies provisions related to paratransit but the basic requirements are still intact. ADA requires paratransit for those individuals who cannot otherwise use mainline accessible transit up until the point that it will create an undue financial burden on the transit authority.

With respect to rapid rail and light rail, the House amendment specifies that key stations must be made accessible within 30 years instead of 20 (Senate version) but two-thirds of the key stations must be made accessible within 20 years. The House amendment delineates special rules for making new intercity and commuter passenger rail cars accessible for people who use wheelchairs and delineates rules governing historic vehicles.

Dole Archives: s-leg_553_004_005_d.pdf
Page 1 of 3





TITLE III: PUBLIC ACCOMMODATIONS AND TRANSPORTATION SERVICES BY PRIVATE ENTITIES

The House amendment makes a limited number of clarifying changes to the provisions applicable to public accommodations but no substantive changes of import. Clarifications include: how the readily achievable provision operates where a company has multiple sites; nothing in the ADA requires an entity to permit an individual to participate in a program or receive a benefit if the persons poses a direct threat to the health or safety of others; and specifying rules governing historic buildings and vehicles.

A change was made to the section concerning transportation by private bus companies. The compromise was worked out by House and Senate sponsors, along with the disability community and the private bus industry. The Senate version basically required that within 6 years all new buses must be "readily accessible to and usable by" people with disabilities. In many cases this provision would have the effect of requiring lifts or ramps on each bus. The Senate bill also mandated a study by OTA to be completed within 3 years to look at most cost effective means of compliance. The compromise mandates access but does not necessarily require lifts. Regulations will define what constitutes access after reviewing the recommendations of the OTA study. The study’s purpose has been changed to look at alternative means of providing access.

With respect to enforcement, the House amendment clarifies that the Attorney General may not seek punitive damages on behalf of an aggrieved party and a person can bring a suit for injunctive relief only if he or she is being subject to discrimination or has reasonable grounds for believing that he or she is about to be subject to discrimination because the covered entity is about to renovate or construct a new building in an inaccessible manner.

Finally, the House amendment changes the time frame under which a small business may be sued for violating this title. The House amendment retains the provisions delaying the effective date for 18 months. However, the House amendment specifies that with the exception of violations of provisions pertaining to making alterations and new construction readily accessible to and usable by people with disabilities, civil actions may not be brought against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less during the first 6 months after the effective date and no civil actions may be brought against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less during the first year after the effective date.

Dole Archives: s-leg_553_004_005_d.pdf
Page 2 of 3





TITLE IV: TELEOCOMMUNICATIONS RELAY SERVICES

The House only made technical and conforming changes to the Senate bill. Every common carrier must still ensure that relay services are provided unless a state has enacted legislation that ensures such services are provided.

TITLE V: MISCELLANEOUS PROVISIONS

Congress is still covered but the House incorporated by reference a House Resolution already on the books for enforcement of employment-related complaints and delegates to the Architect of the Capitol responsibility for developing remedies and procedures for matters not related to employment.

*********************************************
For additional information, contact Robert Silverstein, Staff Director and Chief Counsel of the Senate Subcommittee on Disability Policy, chaired by Senator Tom Harkin. The telephone number is (202)224-6265.

Dole Archives: s-leg_553 004 005 _d.pdf
Page 3 of 3

5/22/90

SUMMARY OF THE MAJOR CHANGES TO THE SENATE VERSION OF THE AMERICANS WITH DISABILITIES ACT MADE BY THE HOUSE AMENDMENT

TITLE I: EMPLOYMENT

The House Substitute Amendment makes a limited number of clarifying changes to the Senate bill; only one substantive change of import was made.

The House amendment: clarifies that consideration shall be given to an employer’s judgment as to what functions of a job are essential and written descriptions shall be considered evidence of essential functions; clarifies how the reasonable accommodation/undue hardship provisions operate in multiple-site companies; clarifies that voluntary health prevention programs are still permissible; and clarifies that persons who pose a direct threat to the health or safety of others (i.e., a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation) are not qualified individuals under the Act. Also, the House amendment requires coordination between multiple agencies in the enforcement of the ADA and section 504 of the Rehabilitation Act.

The Amendment adds a specific provision regarding food handlers. The Senate bill specifies that any person with a contagious disease who poses a direct threat to the health and safety may be fired or reassigned. The House amendment specifies that it is not a violation of the Act for any employer to refuse to assign or continue to assign any employee with an infectious or communicable disease of public health significance (whether or not the individual poses a direct threat to the health or safety of others) to a job involving food handling, provided that the employer shall make reasonable accommodation that would offer an alternative employment opportunity for which the employee is qualified and for which the employee would sustain no economic loss.

TITTLE II: STATE AND LOCAL GOVERNMENT AND PUBLIC TRANSPORTATION

The House amendment makes no substantive changes to coverage of state and local governments and makes no changes to provisions applicable to ensuring that public buses be made accessible. The House amendment clarifies provisions related to paratransit but the basic requirements are still intact. ADA requires paratransit for those individuals who cannot otherwise use mainline accessible transit up until the point that it will create an undue financial burden on the transit authority.

With respect to rapid rail and light rail, the House amendment specifies that key stations must be made accessible within 30 years instead of 20 (Senate version) but two-thirds of the key stations must be made accessible within 20 years. The House amendment delineates special rules for making new intercity and commuter passenger rail cars accessible for people who use wheelchairs and delineates rules governing historic vehicles.

Dole Archives: s-leg_553_004_005_d.pdf
Page 1 of 3





TITLE III: PUBLIC ACCOMMODATIONS AND TRANSPORTATION SERVICES BY PRIVATE ENTITIES

The House amendment makes a limited number of clarifying changes to the provisions applicable to public accommodations but no substantive changes of import. Clarifications include: how the readily achievable provision operates where a company has multiple sites; nothing in the ADA requires an entity to permit an individual to participate in a program or receive a benefit if the persons poses a direct threat to the health or safety of others; and specifying rules governing historic buildings and vehicles.

A change was made to the section concerning transportation by private bus companies. The compromise was worked out by House and Senate sponsors, along with the disability community and the private bus industry. The Senate version basically required that within 6 years all new buses must be "readily accessible to and usable by" people with disabilities. In many cases this provision would have the effect of requiring lifts or ramps on each bus. The Senate bill also mandated a study by OTA to be completed within 3 years to look at most cost effective means of compliance. The compromise mandates access but does not necessarily require lifts. Regulations will define what constitutes access after reviewing the recommendations of the OTA study. The study’s purpose has been changed to look at alternative means of providing access.

With respect to enforcement, the House amendment clarifies that the Attorney General may not seek punitive damages on behalf of an aggrieved party and a person can bring a suit for injunctive relief only if he or she is being subject to discrimination or has reasonable grounds for believing that he or she is about to be subject to discrimination because the covered entity is about to renovate or construct a new building in an inaccessible manner.

Finally, the House amendment changes the time frame under which a small business may be sued for violating this title. The House amendment retains the provisions delaying the effective date for 18 months. However, the House amendment specifies that with the exception of violations of provisions pertaining to making alterations and new construction readily accessible to and usable by people with disabilities, civil actions may not be brought against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less during the first 6 months after the effective date and no civil actions may be brought against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less during the first year after the effective date.

Dole Archives: s-leg_553_004_005_d.pdf
Page 2 of 3





TITLE IV: TELEOCOMMUNICATIONS RELAY SERVICES

The House only made technical and conforming changes to the Senate bill. Every common carrier must still ensure that relay services are provided unless a state has enacted legislation that ensures such services are provided.

TITLE V: MISCELLANEOUS PROVISIONS

Congress is still covered but the House incorporated by reference a House Resolution already on the books for enforcement of employment-related complaints and delegates to the Architect of the Capitol responsibility for developing remedies and procedures for matters not related to employment.

*********************************************
For additional information, contact Robert Silverstein, Staff Director and Chief Counsel of the Senate Subcommittee on Disability Policy, chaired by Senator Tom Harkin. The telephone number is (202)224-6265.

Dole Archives: s-leg_553 004 005 _d.pdf
Page 3 of 3

5/22/90

SUMMARY OF THE MAJOR CHANGES TO THE SENATE VERSION OF THE AMERICANS WITH DISABILITIES ACT MADE BY THE HOUSE AMENDMENT

TITLE I: EMPLOYMENT

The House Substitute Amendment makes a limited number of clarifying changes to the Senate bill; only one substantive change of import was made.

The House amendment: clarifies that consideration shall be given to an employer’s judgment as to what functions of a job are essential and written descriptions shall be considered evidence of essential functions; clarifies how the reasonable accommodation/undue hardship provisions operate in multiple-site companies; clarifies that voluntary health prevention programs are still permissible; and clarifies that persons who pose a direct threat to the health or safety of others (i.e., a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation) are not qualified individuals under the Act. Also, the House amendment requires coordination between multiple agencies in the enforcement of the ADA and section 504 of the Rehabilitation Act.

The Amendment adds a specific provision regarding food handlers. The Senate bill specifies that any person with a contagious disease who poses a direct threat to the health and safety may be fired or reassigned. The House amendment specifies that it is not a violation of the Act for any employer to refuse to assign or continue to assign any employee with an infectious or communicable disease of public health significance (whether or not the individual poses a direct threat to the health or safety of others) to a job involving food handling, provided that the employer shall make reasonable accommodation that would offer an alternative employment opportunity for which the employee is qualified and for which the employee would sustain no economic loss.

TITTLE II: STATE AND LOCAL GOVERNMENT AND PUBLIC TRANSPORTATION

The House amendment makes no substantive changes to coverage of state and local governments and makes no changes to provisions applicable to ensuring that public buses be made accessible. The House amendment clarifies provisions related to paratransit but the basic requirements are still intact. ADA requires paratransit for those individuals who cannot otherwise use mainline accessible transit up until the point that it will create an undue financial burden on the transit authority.

With respect to rapid rail and light rail, the House amendment specifies that key stations must be made accessible within 30 years instead of 20 (Senate version) but two-thirds of the key stations must be made accessible within 20 years. The House amendment delineates special rules for making new intercity and commuter passenger rail cars accessible for people who use wheelchairs and delineates rules governing historic vehicles.

Dole Archives: s-leg_553_004_005_d.pdf
Page 1 of 3





TITLE III: PUBLIC ACCOMMODATIONS AND TRANSPORTATION SERVICES BY PRIVATE ENTITIES

The House amendment makes a limited number of clarifying changes to the provisions applicable to public accommodations but no substantive changes of import. Clarifications include: how the readily achievable provision operates where a company has multiple sites; nothing in the ADA requires an entity to permit an individual to participate in a program or receive a benefit if the persons poses a direct threat to the health or safety of others; and specifying rules governing historic buildings and vehicles.

A change was made to the section concerning transportation by private bus companies. The compromise was worked out by House and Senate sponsors, along with the disability community and the private bus industry. The Senate version basically required that within 6 years all new buses must be "readily accessible to and usable by" people with disabilities. In many cases this provision would have the effect of requiring lifts or ramps on each bus. The Senate bill also mandated a study by OTA to be completed within 3 years to look at most cost effective means of compliance. The compromise mandates access but does not necessarily require lifts. Regulations will define what constitutes access after reviewing the recommendations of the OTA study. The study’s purpose has been changed to look at alternative means of providing access.

With respect to enforcement, the House amendment clarifies that the Attorney General may not seek punitive damages on behalf of an aggrieved party and a person can bring a suit for injunctive relief only if he or she is being subject to discrimination or has reasonable grounds for believing that he or she is about to be subject to discrimination because the covered entity is about to renovate or construct a new building in an inaccessible manner.

Finally, the House amendment changes the time frame under which a small business may be sued for violating this title. The House amendment retains the provisions delaying the effective date for 18 months. However, the House amendment specifies that with the exception of violations of provisions pertaining to making alterations and new construction readily accessible to and usable by people with disabilities, civil actions may not be brought against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less during the first 6 months after the effective date and no civil actions may be brought against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less during the first year after the effective date.

Dole Archives: s-leg_553_004_005_d.pdf
Page 2 of 3





TITLE IV: TELEOCOMMUNICATIONS RELAY SERVICES

The House only made technical and conforming changes to the Senate bill. Every common carrier must still ensure that relay services are provided unless a state has enacted legislation that ensures such services are provided.

TITLE V: MISCELLANEOUS PROVISIONS

Congress is still covered but the House incorporated by reference a House Resolution already on the books for enforcement of employment-related complaints and delegates to the Architect of the Capitol responsibility for developing remedies and procedures for matters not related to employment.

*********************************************
For additional information, contact Robert Silverstein, Staff Director and Chief Counsel of the Senate Subcommittee on Disability Policy, chaired by Senator Tom Harkin. The telephone number is (202)224-6265.

Dole Archives: s-leg_553 004 005 _d.pdf
Page 3 of 3