Program Name

Purpose

Act* Original Act

Senate

House of Representatives

Agency, Office

Committee

Subcommittee

Committee

Subcommittee

Americans with Disabilities Act (ADA)

ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. To be protected by ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. ADA does not specifically name all of the impairments that are covered.

Americans with Disabilities Act of 1990 (ADA) (P.L. 101-336, July 26, 1990, 104 Stat. 327) (codified at 42 U.S.C. sec. 12101-12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189; 47 U.S.C. sec. 225)

Senate Committee on Health, Education, Labor, and Pensions, and Senate Committee on the Judiciary

Various

(1) Committee on the Judiciary, (2) Committee on Education and the Workforce

Subcommittee on the Constitution

Department of Justice, Civil Rights Division

Civil Rights of Institutionalized Persons Act (CRIPA)

CRIPA authorizes actions for redress in cases involving deprivations of rights of institutionalized people secured or protected by the Constitution or laws of the United States. CRIPA is used by the Department of Justice to bring actions on behalf of those living in public nursing homes, facilities for those with cognitive disabilities, and psychiatric hospitals. The Civil Rights Division pursues cases under CRIPA, where public nursing homes or other public institutions have neglected or abused residents entrusted to their care, or have failed to meet residents’ constitutional or federal statutory right to adequate care and services. These cases generally involve an extensive investigation of the conditions and practices at the facility, efforts to remedy the offending practices, and, where necessary, the filing of a CRIPA action. Resolution of CRIPA suits generally include reaching a written agreement with the jurisdiction that provides for remedial relief in each one of the areas in which the institution failed to meet the needs of the residents.

Civil Rights of Institutionalized Persons Act (CRIPA) (P.L. 96-247, May 23, 1980, 94 Stat. 349) (codified at 42 U.S.C. sec. 1997-1997j)

Senate Committee on the Judiciary

Various

Committee on the Judiciary

Subcommittee on the Constitution

Department of Justice, Civil Rights Division

Rehabilitation Act (Section 504)

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act. Section 504 states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that either receives federal financial assistance or is conducted by any executive agency or the United States Postal Service. Each federal agency has its own set of Section 504 regulations that apply to its own programs. Agencies that provide federal financial assistance also have Section 504 regulations covering entities that receive federal aid. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits.

Rehabilitation Act of 1973 (P.L. 93-112, Sept. 26, 1973, 87 Stat. 355) (codified as amended at 29 U.S.C. sec. 794)

(1) Committee on Health, Education, Labor, and Pensions, (2) Committee on Finance

Various

(1) Committee on Education and the Workforce, (2) Committee on Ways and Means

Subcommittee on the Constitution

Department of Justice, Civil Rights Division

Fair Housing Act (FHA)

The FHA, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives federal financial assistance, and state and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. The FHA requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. The FHA also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for people with disabilities.

Fair Housing Act (P.L. 90-284, Title VIII, Apr. 11, 1968, 82 Stat. 81) (codified at 42 U.S.C. sec. 3601-3619)

Committee on Finance

Various

(1) House Financial Services Referral, (2) Committee on Ways and Means, (3) House Judiciary

(1) Subcommittee on Housing and Community Opportunity, (2) Subcommittee on the Constitution

Department of Justice, Civil Rights Division and the Office of Program Compliance, and the Office of Fair Housing and Equal Opportunity at the U.S. Department of Housing and Urban Development