[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2266 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2266

     To amend the Americans with Disabilities Act of 1990 and the 
Rehabilitation Act of 1973 to exempt State and local agencies operating 
        prisons from the provisions relating to public services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 1998

Mr. Thurmond (for himself and Mr. Helms) introduced the following bill; 
 which was read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 A BILL


 
     To amend the Americans with Disabilities Act of 1990 and the 
Rehabilitation Act of 1973 to exempt State and local agencies operating 
        prisons from the provisions relating to public services.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State and Local Prison Relief Act''.

SEC. 2. EXEMPTIONS FOR STATE AND LOCAL AGENCIES OPERATING PRISONS.

    (a) Americans With Disabilities Act of 1990.--Section 201(1) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12131(1)) is amended 
by adding at the end the following: ``The term `public entity' does not 
include any department, agency, district, or instrumentality of a State 
or local government that operates a prison, as defined in section 
3626(g) of title 18, United States Code, with respect to the services, 
programs, or activities relating to the prison.''.
    (b) Rehabilitation Act of 1973.--Section 504(b) of the 
Rehabilitation Act of 1973 (29 U.S.C 794(b)) is amended by adding at 
the end the following:
``Notwithstanding the preceding sentence, for the purposes of this 
section, the term `program or activity' does not include any operations 
relating to a prison, as defined in section 3626(g) of title 18, United 
States Code, by any entity described in any of paragraphs (1) through 
(4).''.
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