From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
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 coordi nation 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 TO THE AGENCIES OF TO THE
LEGISLA TIVE 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, compensa tion, 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 subpara graph (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, enforce ment 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 subpara graph (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 proce dures 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 subpara graph (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
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