[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 33 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 33

 To amend title II of the Americans with Disabilities Act of 1990 and 
section 504 of the Rehabilitation Act of 1973 to exclude prisoners from 
              the requirements of that title and section.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

Mr. Thurmond (for himself and Mr. Helms) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend title II of the Americans with Disabilities Act of 1990 and 
section 504 of the Rehabilitation Act of 1973 to exclude prisoners from 
              the requirements of that title and section.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXCLUSION OF PRISONERS.

    (a) Americans With Disabilities Act of 1990.--Section 201(2) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12131(2)) is amended 
by adding at the end the following: ``The term shall not include a 
prisoner in a prison, as such terms are defined in section 3626(g) of 
title 18, United States Code, with respect to services, programs, 
activities, and treatment (including accommodations) relating to the 
prison.''.
    (b) Rehabilitation Act of 1973.--Paragraph (20) of section 7 of the 
Rehabilitation Act of 1973 (as redesignated in section 402(a)(1) of the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, 1999) is amended--
            (1) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (2) by inserting after subparagraph (F) the following:
                    ``(G) Prison programs and activities; exclusion of 
                prisoners.--For purposes of section 504, the term 
                `individual with a disability' shall not include a 
                prisoner in a prison, as such terms are defined in 
                section 3626(g) of title 18, United States Code, with 
                respect to programs and activities (including 
                accommodations) relating to the prison.''.
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