From: Julie Dawson
Subject: Equality of Opportunity -- HISTORY.TXT (fwd)
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 nonhandi capped 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.
Speaker of the House of
Representatives.
Vice President of the United States
and President of the Senate.
Appendix I
Mission of the National Council on Disability
Overview and Purpose
The National Council on Disability (NCD) is an independent
federal agency led by 15 members appointed by the President of
the United States and confirmed by the U.S. Senate.
The overall purpose of NCD is to promote policies, programs,
practices, and procedures that guarantee equal opportunity for
all individuals with disabilities, regardless of the nature or
severity of the disability; and to empower individuals with
disabilities to achieve economic self-sufficiency, independent
living, and inclusion and integration into all aspects of
society.
Specific Duties
The current statutory mandate of NCD includes the following:
_ Reviewing and evaluating, on a continuing basis, policies,
programs, practices, and procedures concerning individuals with
disabilities conducted or assisted by federal departments and
agencies, including programs established or assisted under the
Rehabilitation Act of 1973, as amended, or under the
Developmental Disabilities Assistance and Bill of Rights Act; as
well as all statutes and regulations pertaining to federal
programs that assist such individuals with disabilities, in order
to assess the effectiveness of such policies, programs,
practices, procedures, statutes, and regulations in meeting the
needs of individuals with disabilities.
_ Reviewing and evaluating, on a continuing basis, new and
emerging disability policy issues affecting individuals with
disabilities at the federal, state, and local levels, and in the
private sector, including the need for and coordination of adult
services, access to personal assistance services, school reform
efforts and the impact of such efforts on individuals with
disabilities, access to health care, and policies that operate as
disincentives for individuals to seek and retain employment.
_ Making recommendations to the President, the Congress, the
Secretary of Education, the Director of the National Institute on
Disability and Rehabilitation Research, and other officials of
federal agencies, respecting ways to better promote equal
opportunity, economic self- sufficiency, independent living, and
inclusion and integration into all aspects of society for
Americans with disabilities.
_ Providing the Congress, on a continuing basis, advice,
recommendations, legislative proposals, and any additional
information that the Council or the Congress deems appropriate.
_ Gathering information about the implementation,
effectiveness, and impact of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
_ Advising the President, the Congress, the Commissioner of
the Rehabilitation Services Administration, the Assistant
Secretary for Special Education and Rehabilitative Services
within the Department of Education, and the Director of the
National Institute on Disability and Rehabilitation Research on
the development of the programs to be carried out under the
Rehabilitation Act of 1973, as amended.
_ Providing advice to the Commissioner with respect to the
policies and conduct of the Rehabilitation Services
Administration.
_ Making recommendations to the Director of the National
Institute on Disability and Rehabilitation Research on ways to
improve research, service, administration, and the collection,
dissemi nation, and implementation of research findings affecting
persons with disabilities.
_ Providing advice regarding priorities for the activities of
the Interagency Disability Coordinating Council and reviewing the
recommendations of this Council for legislative and
administrative changes to ensure that such recommendations are
consistent with the purposes of the Council to promote the full
integration, independence, and productivity of individuals with
disabilities;
_ Preparing and submitting to the President and the Congress
an annual report titled National Disability Policy: A Progress
Report.
_ Preparing and submitting to the Congress and the President
an annual report containing a summary of the activities and
accomplishments of the Council.
International
In 1995, NCD was designated by the Department of State to be the
official contact point with the U.S. government for disability
issues. Specifically, NCD interacts with the special rapporteur
of United Nations Commission for Social Development on disability
matters.
Consumers Served and Current Activities
While many government agencies deal with issues and programs
affecting people with disabilities, NCD is the only federal
agency charged with addressing, analyzing, and making
recommendations on issues of public policy that affect people
with disabilities regardless of age, disability type, perceived
employment potential, economic need, specific functional ability,
status as a veteran, or other individual circumstance. NCD
recognizes its unique opportunity to facilitate independent
living, community integration, and employment opportunities for
people with disabilities by ensuring an informed and coordinated
approach to addressing the concerns of persons with disabilities
and eliminating barriers to their active participation in
community and family life.
NCD plays a major role in developing disability policy in
America. In fact, it was NCD that originally proposed what
eventually became ADA. NCD s present list of key issues includes
improving personal assistance services, promoting health care
reform, including students with disabilities in high-quality
programs in typical neighborhood schools, promoting equal
employment and community housing opportunities, monitoring the
implementation of ADA, improving assistive technology, and
ensuring that persons with disabilities who are members of
minority groups fully participate in society.
Statutory History
NCD was initially established in 1978 as an advisory board within
the Department of Education (Public Law 95-602). The
Rehabilitation Act Amendments of 1984 (Public Law 98-221) trans
formed NCD into an independent agency.
Appendix J
ADA Technical Assistance Information:
Information about the Americans with Disabilities Act, and
guidance about complying with the ADA, may be obtained from the
following federal agencies and private sources.
Department of Justice provides technical assistance on the
Standards for Accessible Design and provisions concerning
businesses, non-profit service agencies, and state and local
government programs, as well as information on how to file
complaints.
ADA Information Line: 800-514-0301 (voice); 800-514-0383
(TTY)
Electronic Bulletin Board: 202-514-6193
Internet: http://www.usdoj.gov/crt/ada/adahom1.htm
Equal Employment Opportunity Commission provides technical
assistance on employment provisions, including information on how
to file complaints.
Employment Information: 800-669-4000 (voice); 800-669-6820
(TTY)
Employment Documents: 800-669-3362 (voice); 800-800-3302
(TTY)
Internet: http://www.eeoc.gov
Department of Transportation provides technical assistance
on public transportation provisions
Transportation Information & Documents: 202-366-1656 (voice)
Transportation Legal Questions: 202-366-1936 (voice)
Complaints and Enforcement: 202-366-2285 (voice);
202-366-0153 (TTY)
Electronic Bulletin Board 202-366-3764
Internet: http://www.fta.dot.gov
Federal Communications Commission provides technical
assistance on telephone relay services
Relay Service Information: 202-418-1898 (voice);
202-418-2224 (TTY)
Relay Service Documents: 202-857-3800 (voice); 202-293-8810
(TTY)
Internet: http://www.fcc.gov/dtf/dtfhome.html
Architectural and Transportation Barriers Compliance Board
(ATBCB) provides technical assistance on the ADA Accessibility
Guidelines.
Information & Documents: 800-872-2253 (voice); 800-993-2822
(TTY)
Electronic Bulletin Board: 202-272-5448
Internet: http://www.access-board.gov/
Department of Education provides general ADA technical
assistance through ten regional information centers
Disability & Business Technical Assistance Centers:
800-949-4232 (voice/TTY)
Internet: http://www.icdi.wvu.edu/tech/ada.htm
President's Committee on Employment of People with
Disabilities provides employment information and funds the Job
Accommodation Network (JAN), which provides advice on
accommodating employees with disabilities.
Employment Information: 202-376-6200 (voice); 202-376-6205
(TTY)
Internet: http://www.pcepd.gov
Job Accommodation Network: 800-526-7234 (voice/TTY)
JAN Internet: http://janweb.icdi.wvu.edu/english/homeus.htm
Internal Revenue Service provides information about tax code
provisions that can facilitate business compliance
Tax Code Information: 800-829-1040 (voice); 800-829-4059
(TTY)
Tax Code Legal Information: 202-622-3110 (voice)
For Publication 907: 800-829-3676 (voice); 800-829-4059
(TTY)
Disability Rights Education and Defense Fund (DREDF)
provides general ADA technical assistance
Information and Documents: 800-466-4232 (voice/TTY)
Project ACTION provides information and publications
about transportation accessibility
Transportation Information and Documents: 800-659-6428
(voice); 202-347-3066 (voice); 202-347-7385 (TTY)
National Council on Disability offers publications about the ADA
and its implementation.
Information and Documents: 202-272-2004 (voice);
202-272-2074 (TTY)
Internet: http://www.ncd.gov
Empowerment Zone offers information, ideas, and software
related to the general theme of empowerment for individuals and
communities, including ADA documents and publications from
various organizations under the heading of civil rights.
Internet: http://www.empowermentzone.com
Notes:
Abbreviations
ADA of 1988
The Americans with Disabilities Act of 1988, 100th Cong., 2nd
sess., S. 2345, April 28, 1988.
ADA of 1989
The Americans with Disabilities Act of 1989, 101st Cong., 1st
sess., S. 933, May 9, 1989.
ADA of 1990
The Americans with Disabilities Act of 1990, Public Law 101-336,
101st Cong., 2nd sess., July 26, 1990.
Cong. Rec.
Congressional Record.
Leg. Hist.
House Committee on Education and Labor, Legislative History of
Public Law 101-336, The Americans with Disabilities Act, 3 vols.,
101st Cong., 2nd sess., December 1990, Serial No. 102-A (102-B,
102-C).
Senate Rept.
Senate Committee on Labor and Human Resources, The Americans with
Disabilities Act of 1989: Report together with Additional Views,
101st Cong., 1st sess., August 30, 1989.
Senate Hrgs.
Senate Committee on Labor and Human Resources, Hearings Before
the Committee on Labor and Human Resources and the Subcommittee
on the Handicapped, United States Senate, 101st Cong., 1st sess.,
May 9, 10, 16, 1989, S. Hrg. 101-156.
USCCAN
United States Code Congressional and Administrative News (St.
Paul, Minn: West Publishing Company).
Case, spelling, and punctuation in quotations have been corrected
silently, according to the editorial standards used throughout
the manuscript, to ensure fluidity and consistency.
Foreword
National Council on Disability
1331 F Street, N. W., Suite 1050
Washington, D.C. 20004-1107
Official Business
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NCD
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