AMERICANS WITH DISABILITY ACT OF 1990

Tribal code

Ask Donna

What actually matters in this document.

Text

BLUE LAKE RANCHERIA

AMERICANS WITH DISABILITY ACT OF 1990

ORDINANCE

11-2000

BLUE LAKE RANCHERIA

Post Office Box 428

Blue Lake, California 95525-0428

BUS: (707) 668-5101 © OFFICE: (707) 668-5615 © FAX: (707) 668-4272

_ SUBJECT:

| WHEREAS:

_ WHEREAS:

WHEREAS:

~ RESOLUTION .

. OF THE

-. BLUE LAKE RANCHERIA

No. 00-24 |

Adoption of the Americans with Disability Act of 1990 as Tribal Ordinance 00-

11.0: ; _ : :

the Blue Lake Rancheria is a federally recognized Indian tribe_eligible for all.

rights and privileges afforded to recognized Tribes; and ~

the Rancheria Constitution has been approved by the Assistant Secretary of the

Indian Affairs on March 22, 1989, and an amendment to the Constitution was

approved on February 11, 1994 authorizing full governmental powers to the duly

elected Business Council; and , a

the Blue Lake Rancheria’s Business Council represents the Blue Lake Indian

- Tribe located in the State of California and has the authority to administer

WHEREAS:

programs designed to meet the needs of American Indians residing on the Blue

Lake Rancheria; and

the Blue Lake Rancheria Tribal Business. Council feels that the Americans with .

Disability Act of 1990 provides excellent guidelines with regards to the

treatement and accomodation of individuals with disabilities; and

the Tribal Business Council understands that statistics show that the. number of

- individuals with is increasing as the population as a whole is growing older; and

historically, society has tended to isolate and “segregate individuals with

disabilities, and, despite some improvements, such forms of discrimination

against individuals with disabilities continue to be a serious and pervasive social -

problem; and

as Native American people, the Tribal Business Council has been on the receiving

end of similar discrimination towards Native American people as has been

directed at individuals with disabilities, and thus wishes to adopt the Americans

Z:\My Documents\Blue Lake Rancheria\Resolutions\F Y2000\RES00-24.doc 1

with Disabilities Act of 1990 (as attached) to ensure that discrimination of such a

type is not tolerated within the jurisdicition of the Blue Lake Rancheria of

California. , :

NOW THEREFORE BE IT RESOLVED:

that the Blue Lake Rancheria Business Council hereby adopts the American with

Disabilities Act of 1990 as Tribal Ordinance. 00-11. of the. Blue-Lake-Rancheriass

CERTIFICATION . a .

As the Chairperson of the Business Council for the Blue Lake Rancheria, I hereby certify that the

- Business Council amended this resolution by a vote of a for, with © | against, with

abstaining, with © absent on this 9th day of July 2000. - —_

- Donen Pontus ~ ety 4 2000

Claudia Brundin, Chairperson - ~~ "Date of Approval . -

ATTEST: ce |

; . . : . yt , A . .

Melon stdlanske | | Yili 4 Zee

Melanie Shelanskey, Tribal Secretary © a Date of Approval —

Z:\My Documents\Blue Lake Rancheria\Resolutions\F Y2000\RES00-24.doc ; 2

JULY 26, 1990 104 STAT. 327

One Hundred First Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Tuesday, the twenty- third day of January, one thousand

nine hundred and ninety.

An Act: To establish a clear and comprehensive prohibition of discrimination on the basis of

disability.

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

assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 42 USC 12101 note.

(a) Short Title. This Act may be cited as the Americans with Disabilities Act of 1990.

(b) Table of Contents. The table of contents is as follows: |

Sec. l. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definitions.

TITLE I EMPLOYMENT

Sec. 101. Definitions.

Sec. 102. Discrimination.

Sec. 103. Defenses.

Sec. 104. Illegal use of drugs and alcohol.

Sec. 105. Posting notices.

Sec. 106. Regulations.

Sec. 107. Enforcement.

Sec. 108. Effective date.

TITLE II PUBLIC SERVICES

Subtitle A Prohibition Against Discrimination and Other Generally Applicable Provisions

http://www.usdoj.gov/crt/ada/statute.html 7/26/00

AAA £ RR Re OF ee ee ee ee ee ee we

Sec. 201. Definition.

Sec. 202. Discrimination.

Sec. 203. Enforcement.

Sec. 204. Regulations.

“Sec. 205, Effective date.

Subtitle B Actions Applicable to Public Transportation Provided by Public Entities

Considered Discriminatory

Part I Public Transportation Other Than by Aircraft or Certain Rail Operations

Sec. 221. Definitions.

Sec. 222. Public entities operating fixed route systems.

Sec. 223. Paratransit as a complement to fixed route service.

Sec. 224. Public entity operating a demand responsive system.

Sec. 225. Temporary relief where lifts are unavailable.

Sec. 226. New facilities.

Sec. 227. Alterations of existing facilities.

Sec. 228. Public transportation programs and activities in existing facilities and one car per train rule.

Sec. 229. Regulations. |

Sec. 230. Interim accessibility requirements.

Sec. 231. Effective date.

Part II Public Transportation by Intercity and Commuter Rail

Sec. 241. Definitions.

Sec. 242. Intercity and commuter rail actions considered discriminatory.

Sec. 243. Conformance of accessibility standards.

Sec. 244. Regulations.

http://www.usdoj.gov/crt/ada/statute html - 7/26/00

Sec. 245. Interim accessibility requirements.

Sec. 246. Effective date.

TITLE Ill PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE

ENTITIES

Sec. 301. Definitions.

Sec. 302. Prohibition of discrimination by public accommodations.

Sec. 303. New construction and alterations in public accommodations and commercial facilities.

Sec. 304. Prohibition of discrimination in specified public transportation services provided by private

entities.

Sec. 305. Study.

Sec. 306. Regulations.

Sec. 307. Exemptions for private clubs and religious organizations.

Sec. 308. Enforcement. |

Sec. 309. Examinations and courses.

Sec. 310. Effective date.

TITLE IV TELECOMMUNICATIONS

Sec. 401. Telecommunications relay services for hearing-impaired and speech-impaired individuals. :

Sec. 402. Closed-captioning of public service announcements.

TITLE V MISCELLANEOUS PROVISIONS

Sec. 501. Construction.

Sec. 502. State immunity.

Sec. 503. Prohibition against retaliation and coercion.

Sec. 504. Regulations by the Architectural and Transporttion Barriers Compliance Board.

Sec. 505. Attorneys fees.

Sec. 506. Technical assistance.

http://www.usdoj.gov/crt/ada/statute. html : 7/26/00

_ - or tc ete e

Sec. 507. Federal wilderness areas.

Sec. 508. Transvestites.

Sec. 509. Coverage of Congress and the agencies of the legislative branch.

Sec. 510. Illegal use of drugs.

Sec. 511. Definitions. ~~

Sec. 512. Amendments to the Rehabilitation Act.

Sec. 51 3, Alternative means of dispute resolution.

Sec. 514. Severability.

SEC. 2. FINDINGS AND PURPOSES. 42USC 12101.

(a) Findings. The Congress finds that

(1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is

increasing as the population as a whole is growing older;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite

some improvements, such forms of discrimination against individuals with disabilities continue to be

a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment,

housing, public accommodations, education, transportation, communication, recreation,

institutionalization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national

origin, religion, or age, individuals who have experienced discrimination on the basis of disability

have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including

outright intentional exclusion, the discriminatory effects of architectural, transportation, and

communication barriers, overprotective rules and policies, failure to make modifications to existing

facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to

lesser services, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a

group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally,

economically, and educationally;

(7) individuals with disabilities are a discrete and insular minority who have been faced with

restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a

position of political powerlessness in our society, based on characteristics that are beyond the control

http://www.usdoj.gov/crt/ada/statute.html 7126/00

of such individuals and resulting from stereotypic assumptions not truly indicative of the individual

ability of such individuals to participate in, and contribute to, society;

(8) the Nations proper goals regarding individuals with disabilities are to assure equality of

opportunity, full participation, independent living, and economic self- sufficiency for such individuals;

and

(9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people

with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for

which our free society is justifiably famous, and costs the United States billions of dollars in

unnecessary expenses resulting from dependency and nonproductivity. .

(b) Purpose. It is the purpose of this Act

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination

against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against

individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in

this Act on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth

amendment and to regulate commerce, in order to address the major areas of discrimination faced day-~

to- day by people with disabilities.

SEC. 3. DEFINITIONS. 42 USC 12102

As used in this Act:

(1) Auxiliary aids and services. The term

auxiliary aids and services includes

(A) qualified interpreters or other effective methods of making aurally delivered materials available to

individuals with hearing impairments;

(B) qualified readers, taped texts, or other effective methods of making visually delivered materials.

available to individuals with visual impairments;

(D) other similar services and actions.

(2) Disability. The term disability means, with respect to an individual

(A) a physical or mental impairment that substantially limits one or more of the major life activities of

such individual;

http://www.usdoj .gov/crt/ada/statute.html 7/26/00

~-o- = roe eH

(B) a record of such an impairment; or

(3) State. The term

State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico,

Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the ;

Commonwealth of the Northern Mariana Islands. .

TITLE T EMPLOYMENT

SEC. 101. DEFINITIONS. 42 USC 12111

As used in this title:

(1) Commission. The term Commission

means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights

Act of 1964 (42 U.S.C. 2000e- 4). —

(2) Covered entity. The term covered entity

means an employer, employment agency, labor organization, or joint labor- management committee.

(3) Direct threat. The term direct threat

means a significant risk to the health or safety of others that cannot be eliminated by reasonable

accommodation.

(4) Employee. The term employee

means an individual employed by an employer. With respect to employment in a foreign country, such

term includes an individual who is a citizen of the United States.

(5) Employer.

(A) In general. The term employer

means a person engaged in an industry affecting commerce who has 15 or more employees for each

working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any

agent of such person, except that, for two years following the effective date of this title, an employer

means a person engaged in an industry affecting commerce who has 25 or more employees for each

working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of

. such person.

(B) Exceptions. The term employer

http://www.usdoj.gov/crt/ada/statute.html 7/26/00

does not include

(i) the United States, a corporation wholly owned by the government of the United States, or an Indian

tribe; or

(ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation

under section 501(c) of the Internal Revenue Code of 1986.

(6) Illegal use of drugs.

(A) 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.

(B) Drugs. The term drug

means a controlled substance, as defined in schedules I through V of section 202 of the Controlled

Substances Act.

(7) Person, etc. The terms person , labor organization , employment agency , commerce , and industry 7

_affecting commerce , shall have the same meaning given such terms in section 701 of the Civil Rights...

Act of 1964 (42 U.S.C. 2000e).

(8) Qualified individual with a disability. The term qualified individual with a disability

means an individual with a disability who, with r without reasonable accommodation, can perform the: .

essential functions of the employment position that such individual holds or desires. For the purposes

of this title, consideration shall be given to the employers judgment as to what functions of a job are

essential, and if an employer has prepared a written description before advertising or interviewing

applicants for the job, this description shall be considered evidence of the essential functions of the: .

job.

(9) Reasonable accommodation. The term reasonable accommodation may include

(A) making existing facilities used by employees readily accessible to and usable by individuals with

disabilities; and

(B) job restructuring, part- time or modified work schedules, reassignment to a vacant position,

acquisition or modification of equipment or devices, appropriate adjustment or modifications of

examinations, training materials or policies, the provision of qualified readers or interpreters, and

other similar accommodations for individuals with disabilities.

(10) Undue hardship.

(A) In general. The term undue hardship

http://www.usdoj.gov/ert/ada/statute.html 7/26/00

Se re

means an action requiring significant difficulty or expense, when considered in light of the factors set -

forth in subparagraph (B).

(B) Factors to be considered. In determining whether an accommodation would impose an undue

hardship on a covered entity, factors to be considered include

(i) the nature and cost of the accommodation needed under this Act;

(ii) the overall financial resources of the facility or facilities involved in the provision of the

reasonable accommodation; the number of persons employed at such facility; the effect on expenses

and resources, or the impact otherwise of such accommodation upon the operation of the facility;

(iii) the overall financial resources of the covered entity; the overall size of the business of a covered

entity with respect to the number of its employees; the number, type, and location of its facilities; and

(iv) the type of operation or operations of the covered entity, including the composition, structure, and

functions of the workforce of such entity; the geographic separateness, administrative, or fiscal

relationship of the facility or facilities in question to the covered entity.

SEC. 102. DISCRIMINATION. 42 USC 12112.

(a) General Rule. No covered entity shall discriminate against a qualified individual with a disability

because of the disability of such individual in regard to job application procedures, the hiring,

advancement, or discharge of employees, employee compensation, job training, and other terms,

conditions, and privileges of employment.

(b) Construction. As used in subsection (a), the term discriminate includes

(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the

opportunities or status of such applicant or employee because of the disability of such applicant or

employee; : —_

(2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a

covered entitys qualified applicant or employee with a disability to the discrimination prohibited by

this title (such relationship includes a relationship with an employment or referral agency, labor union,

an organization providing fringe benefits to an employee of the covered entity, or an organization

providing training and apprenticeship programs);

(3) utilizing standards, criteria, or methods of administration

(A) that have the effect of discrimination on the basis of disability;

(B) that perpetuate the discrimination of others who ate subject to common administrative control;

(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the

known disability of an individual with whom the qualified individual is known to have a relationship

http://www.usdoj.gov/crt/ada/statute html 7/26/00.

ot association; (5) (A) not making reasonable accommodations to the known physical or mental

limitations of an otherwise qualified individual with a disability who is an applicant or employee,

unless such covered entity can demonstrate that the accommodation would impose an undue hardship

on the operation of the business of such covered entity; or

(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified

individual with a disability, if such denial is based on the need of such covered entity to make

reasonable accommodation to the physical or mental impairments of the employee or applicant;

(6) using qualification standards, employment tests or other selection criteria that screen out or tend to

screen out an individual with a disability or a class of individuals with disabilities unless the standard,

test or other selection criteria, as used by the covered entity, is shown to be job- related for the

position in question and is consistent with business necessity; and

(7) failing to select and administer tests concerning employment in the most effective manner to

ensure that, when such test is administered to a job applicant or employee who has a disability that

impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or

whatever other factor of such applicant or employee that such test purports to measure, rather than

reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except .

where such skills are the factors that the test purports to measure). oO

(1) In general. It shall not be unlawful under this section for a covered entity to take any action that

constitutes discrimination under this section with respect to an employee in a workplace in a foreign .

country if compliance with this section would cause such covered entity to violate the law of the

foreign country in which such workplace is located.

(2) Control of Corporation.

(A) Presumption. If an employer controls a corporation whose place of incorporation is a foreign

country, any practice that constitutes discrimination under this section and is engaged in by such -

corporation shall be presumed to be engaged in by such employer.

(B) Exception. This section shall not apply with respect to the foreign operations of an employer that

is a foreign person not controlled by an American employer. 4

a corporation shall be based on -

(i) the interrelation of operations;

(ii) the common management;

(iii) the centralized control of labor relations; and

(iv) the common ownership or financial control of the employer and the corporation.

(d) Medical Examinations and Inquiries.

http://www.usdoj.gov/crt/ada/statute.html 7/26/00

TTT ON ene ee wanes A RA Le WO a Mtiyy av vey

(1) In general. The prohibition against discrimination as referred to in subsection (a) shall include

medical examinations and inquiries.

(2) Preemployment.

(A) Prohibited examination or inquiry. Except as provided in paragraph (3), a covered entity shall not

conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an

individual with a disability or as to the nature or severity of such disability.

(B) Acceptable inquiry. A covered entity may make preemployment inquiries into the ability of an

applicant to perform job- related functions.

(3) Employment entrance examination. A covered entity may require a medical examination after an

offer of employment has been made to a job applicant and prior to the commencement of the

employment duties of such applicant, and may condition an offer of employment on the results of such

examination, if

(A) all entering employees are subjected to such an examination regardless of disability;

(B) information obtained regarding the medical condition or history of the applicant is collected and

maintained on separate forms and in separte medical files and is treated as. a confidential medical

record, except that

(i) supervisors and managers may be informed regarding necessary restrictions on the work or duties

of the employee and necessary accommodations;

- (ii) first aid and safety personnel may be informed, when appropriate, if the disability might require

emergency treatment; and

(iii) government officials investigating compliance with this Act shall be provided relevant

information on request; and

(4) Examination and inquiry.

(A) Prohibited examinations and inquiries. A covered entity shall not require a medical examination -

and shall not make inquiries of an employee as to whether such employee is an individual with a

disability or as to the nature or severity of the disability, unless such examination or inquiry is shown

to be job- related and consistent with business necessity.

(B) Acceptable examinations and inquiries. A covered entity may conduct voluntary medical

examinations, including voluntary medical histories, which are part of an employee health program

available to employees at that-work site. A covered entity may make inquiries into the ability of an

employee to perform job- related functions.

history of any employee are subject to the requirements of subparagraphs (B) and (C) of paragraph (3)..

http://www.usdoj.gov/crt/ada/statute html . 7 7/26/00

SEC. 103. DEFENSES. 42 USC 12113.

(a) In General. It may be a defense to a charge of discrimination under this Act that an alleged

application of qualification standards, tests, or selection criteria that screen out or tend to screen out or

otherwise deny a job or benefit to an individual with a disability has been shown to be job- related and

consistent with business necessity, and such performance cannot be accomplished by reasonable

accommodation, as required under this title.

(b) Qualification Standards. The term qualification standards

may include a requirement that an individual shall not pose a direct threat to the health or safety of

other individuals in the workplace.

(1) In general. This title shall not prohibit a religious corporation, association, educational institution,

or society from giving preference in employment to individuals of a particular religion to perform

work connected with the carrying on by such corporation, association, educational institution, or

society of its activities.

Q) Religious tenets requirement. Under this title, a religious organization may require that all

applicants and employees conform to the religious tenets of such organization.

(d) List of Infectious and Communicable Diseases.

(1) In general. The Secretary of Health and Human Services, not later than 6 months after the date of -

enactment of this Act, shall

(A) review all infectious and communicable diseases which may be transmitted through handling the .

food supply; :

(B) publish a list of infectious and communicable diseases which are transmitted through handling the

food supply; :

(D) widely disseminate such information regarding the list of diseases and their modes of -

transmissability to the general public. 7

Such list shall be updated annually.

(2) Applications. In any case in which an individual has an infectious or communicable disease that iS

transmitted to others through the handling of food, that is included on the list developed by the

Secretary of Health and Human Services under paragraph (1), and which cannot be eliminated. by

reasonable accommodation, a covered entity may refuse to assign or continue to assign such

individual to a job involving food handling.

- (3) Construction. Nothing in thisAct shall be construed.to preempt, modify, or amend any State,

hitp://www.usdoj.gov/crt/ada/statute.html . 7/26/00

7 Ae RA OREN OV SAR ARERR ee eee we Aye ae

county, or local law, ordinance, or regulation applicable to food handling which is designed to protect

the public health from individuals who. pose a significant tisk to the health or safety of othérs, which

cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or

communicable diseases and the modes of transmissability published by the Secretary of Health and

Human Services.

SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL. 42 USC 12114.

(a) Qualified Individual With a Disability. For purposes of this title, the term qualified individual with

a disability shall not include any employee or applicant 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 a qualified

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.

(1) may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;

(2) may require that employees shall not be under the influence of alcohol or be engaging in the illegal

use of drugs at the workplace; .

(3) may require that employees behave in conformance with the requirements established under the

Drug- Free Workplace Act of 1988 (41 U.S.C. 701 et seq.);

(4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same

qualification standards for employment or job performance and behavior that such entity holds other

employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism

of such employee; and

(5) may, with respect to Federal regulations regarding alcohol and.the illegal use of drugs, require that

(A) employees comply with the standards established in such regulations of the Department of

Defense, if the employees of the covered entity are employed in an industry subject to such

regulations, including complying with regulations (if any) that apply to employment in sensitive

positions in such an industry, in the case of employees of the covered entity who are employed in such

positions (as defined in the regulations of the Department of Defense); :

http://www.usdoj.gov/crt/ada/statute.html eo 7/26/00

(B) employees comply with the standards established in such regulations of the Nuclear Regulatory

Commission, if the employees of the covered entity are employed in an industry subject to such

- regulations, including complying with regulations (if any) that apply to employment in sensitive

positions in such an industry, in the case of employees of the covered entity who are employed in such

positions (as defined in the regulations of the Nuclear Regulatory Commission); and

Transportation, if the employees of the covered entity are employed in a transportation industry

subject to such regulations, including complying with such regulations (if any) that apply to

employment in sensitive positions in such an industry, in the case of employees of the covered entity

who are employed in such positions (as defined in the regulations of the Department of

Transportation).

(d) Drug Testing.

(1) In general. For purposes of this title, a test to determie the illegal use of drugs shall not be

considered a medical examination.

(2) Construction. Nothing in this title shall be construed to encourage, prohibit, or authorize the

conducting of drug testing for the illegal use of drugs by job applicants or employees or making

employment decisions based on such test results.

(e) Transportation Employees. Nothing in this title shall be construed to encourage, prohibit, restrict,

or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of -

Transportation of authority to -

(1) test employees of such entities in, and applicants for, positions involving safety- sensitive duties

for the illegal use of drugs and for on- duty impairment by alcohol; and

(2) remove such persons who test positive for illegal use of drugs and on- duty impairment by alcohol

pursuant to paragraph (1) from safety- sensitive duties in implementing subsection (c).

SEC. 105. POSTING NOTICES. 42 USC 12115.

Every employer, employment agency, labor organization, or joint labor- management committee

covered under this title shall post notices in an accessible format to applicants, employees, and

members describing the applicable provisions of this Act, in the manner prescribed by section 711 of

the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). 7

SEC. 106. REGULATIONS. 42 USC 12116.

Not later than 1 year after the date of enactment of this Act, the Commission shall issue regulations in

an accessible format to carry out this title in accordance with subchapter II of chapter 5 of title 5, .

United States Code. oo

SEC. 107. ENFORCEMENT. 42 USC 12117.

(a) Powers, Remedies, and Procedures. The powers, remedies, and procedures set forth in sections

http://www.usdoj.gov/crt/ada/statute.html . 7/26/00

-— or me he ee

705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 4, 2000e- 5, 2000e- 6,

2000e- 8, and 2000e- 9) shall be the powers, remedies, and procedures this title provides to the

Commission, to the Attorney General, or to any person alleging discrimination on the basis of

disability in violation of any provision of this Act, or regulations promulgated under section 106,

concerning employment.

(b) Coordination. The agencies with enforcement authority for actions which allege employment

discrimination under this title and under the Rehabilitation Act of 1973 shall develop procedures to

ensure that administrative complaints filed under this title and under the Rehabilitation Act of 1973

are dealt with in a mamner that avoids duplication of effort and prevents imposition of inconsistent or

conflicting standards for the same requirements under this title and the Rehabilitation Act of 1973.

The Commission, the Attorney General, and the Office of F ederal Contract Compliance Programs

shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations

promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title

29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission

and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435,

January 23, 1981)) in regulations implementing this title and Rehabilitation Act of 1973 not later than

18 months after the date of enactment of this Act.

SEC. 108. EFFECTIVE DATE. 42 USC 12111 note.

This title shall become effective 24 months after the date of enactment.

TITLE I PUBLIC SERVICES 42 USC 12131.

Subtitle A Prohibition Against Discrimination and Other Generally Applicable Provisions

SEC. 201. DEFINITION. 42 USC 12115.

As used in this title:

(1) Public entity. The term public entity means

(A) any State or local government;

(B) any department, agency, special purpose district, or other instrumentality of a State or States or

local government; nd

103(8) of the Rail Passenger Service Act).

(2) Qualified individual with a disability. The term

qualified individual with a disability means an individual with a disability who, with or without

reasonable modifications to rules, policies, or practices, the removal of architectural, communication,

or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility

requirements for the receipt of services or the participation in programs or activities provided by a

public entity.

http://www.usdoj.gov/crt/ada/statute.html 7/26/00

SEC. 202. DISCRIMINATION. 42 USC 12132.

Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such

disability, be excluded from participation in or be denied the benefits of the services, programs, or

activities of a public entity, or be subjected to discrimination by any such entity.

SEC. 203. ENFORCEMENT. 42 USC 12132.

The remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 (29

U.S.C. 794a) shall be the remedies, procedures, and rights this title provides to any person alleging

discrimination on the basis of disability in violation of section 202.

SEC. 204. REGULATIONS. 42 USC 12134.

(a) In General. Not later than 1 year after the date of enactment of this Act, the Attorney General shall

promulgate regulations in an accessible format that implement this subtitle. Such regulations shall not

include any matter within the scope of the authority of the Secretary of Transportation under section

223, 229, or 244.

(b) Relationship to Other Regulations. Except for program accessibility, existing facilities , and

communications , regulations under subsection (a) shall be consistent with this Act and with the

coordination regulations under part 41 of title 28, Code of Federal Regulations (as promulgated by the:

Department of Health, Education, and Welfare on January 13, 1978), applicable to recipients of

Federal financial assistance under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). With.

respect to program accessibility, existing facilities , and communications , such regulations shall be

consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations,

applicable to federally conducted activities under such section 504.

vehicles covered by this subtitle, other than facilities, stations, rail passenger cars, and vehicles

covered by subtitle B. Such standards shall be consistent with the minimum guidelines and

requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance.

with section 504(a) of this Act.

SEC. 205. EFFECTIVE DATE. 42 USC 12131 note.

(a) General Rule. Except as provided in subsection (b), this subtitle shall become effective 18 months

after the date of enactment of this Act.

(b) Exception. Section 204 shall become effective on the date of enactment of this Act.

Subtitle B Actions Applicable to Public Transportation Provided by Public Entities

Considered Discriminatory

PART I PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL

http://www.usdoj.gov/crt/ada/statute.html 7/26/00

Ada f RAREWE EWEN OV DHE AS aka 2 ee we aU mor ne we ee

OPERATIONS

SEC. 221. DEFINITIONS. 42 USC 12141.

As used in this part:

(1) Demand responsive system. The term

demand responsive system

means any system of providing designated public transportation which is not a fixed route system.

(2) Designated public trasportation. The term

designated public transportation means transportation (other than public school transportation) by bus,

rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail

transportation (as defined in section 241)) that provides the general public with general or special

service (including charter service) on a regular and continuing basis.

(3) Fixed route system. The term

fixed route system means a system of providing designated public transportation on which a vehicle is

operated along.a prescribed route according to a fixed schedule.

(4) Operates. The term

operates , as used with respect to a fixed route system or demand responsive system, includes

operation of such system by a person under a contractual or other arrangement or relationship with a

public entity:

(5) Public school transportation. The term

public school transportation means transportation by schoolbus vehicles of schoolchildren, personnel,

and equipment to and from a public elementary or secondary school and school- related activities.

(6) Secretary. The term

Secretary means the Secretary of Transportation.

SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS. 42 USC 12142.

(a) Purchase and Lease of New Vehicles. It shall be considered discrimination for purposes of section

202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity

which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new

light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such

purchase or lease is made after the 30th day following the effective date of this subsection and if such

bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with

disabilities, including individuals who use wheelchairs.

http://www.usdoj.gov/crt/ada/statute.html . 7/26/00

(b) Purchase and Lease of Used Vehicles. Subject to subsection (c)(1), it shall be considered

__ discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794) for a public entity which operates a fixed route system to purchase or lease, after

the 30th day following the effective date of this subsection, a used vehicle for use on such system

unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on

such system that is readily accessible to and usable by individuals with disabilities, including

individuals who use wheelchairs.

(1) General rule. Except as provided in paragraph (2), it shall be considered discrimination for

purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)

for a public entity which operates a fixed route system

(A) to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or

more, which remanufacture begins (or for which the solicitation is made) after the 30th day following

the effective date of this subsection; or |

(B) to purchase or lease for use on such system a remanufactured vehicle which has been

remanufactured so as to extend its usable life for 5 years or more, which purchase or lease occurs after,

such 30th day and during the period in which the usable life is extended; :

unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and 5

usable by individuals with disabilities, including individuals who use wheelchairs.

(2) Exception for historic vehicles.

(A) General rule. If a public entity operates a fixed route system any segment of which is included.on «

the National Register of Historic Places and if making a vehicle of historic character to be used solely

on such segment readily accessible to and usable by individuals with disabilities would significantly

alter the historic character of such vehicle, the public entity only has to make (or to purchase or lease a

remanufactured vehicle with) those modifications which are necessary to meet the requirements of

paragraph (1)-and which do not significntly alter the historic character of such vehicle.

(B) Vehicles of historic character defined by regulations. For purposes of this paragraph and section

228(b), a vehicle of historic character shall be defined by the regulations issued by the Secretary to”

carry out this subsection.

SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE. 42 USC 12143.

(a) General Rule. It shall be considered discrimination for purposes of section 202 of this Act and

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a

fixed route system (other than a system which provides solely commuter bus service) to fail to provide

with respect to the operations of its fixed route system, in accordance with this section, paratransit and

other special transportation services to individuals with disabilities, including individuals who use

wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is

comparable to the level of designated public transportation services provided to individuals without

disabilities using such system; or (2) in the case of response time, which is comparable, to the extent

http://www.usdoj.gov/crt/ada/statute.html . . 7126/00

AWMBY AY we we

oo cas SS Rn

practicable, to the level of designated public transportation services provided to individuals without

disabilities using such system. _

(b) Issuance of Regulations. Not later than 1 year after the effective date of this subsection, the

Secretary shall issue final regulations to carry out this section. ;

(1) Eligible recipients of service. The regulations issued under this section shall require each public

entity which operates a fixed route system to provide the paratransit and other special transportation

services required under this section

(A)(i) to any individual with a disability who is unable, as a result of a physical or mental impairment

(including a vision impairment) and without the assistance of another individual (except an operator

of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle

on the system which is readily accessible to and usable by individuals with disabilities;

(ii) to any individual with a disability who needs the assistance of a wheelchair lift or other boarding

assistance device (and is able with such assistance) to board, ride, and disembark from any vehicle

which is readily accessible to and usable by individuals with disabilities if the individual wants to

travel on a route on the system during the hours of operation of the system at a time (or within a

reasonable period of such time) when such a vehicle is not being used to provide designated public

transportation on the route; and

(iii) to any individual with a disability who has a specific impairment- related condition which

prevents such individual from traveling to a boarding location or from a disembarking location on

such system; :

(B) to one other individual accompanying the individual with the disability; and

accompanying the individual with a disability provided that space for these additional individuals is

available on the paratransit vehicle carrying the individual with a disability and that the transportation

of such additional individuals will not result in a denial of service to individuals with disabilities.

For purposes of clauses (i) and (ii) of subparagraph (A), boarding or disembarking from a vehicle does

not include travel to the boarding location or from the disembarking location.

(2) Service area. The regulations issued under this section shall require the provision of paratransit

and special transportation services required under this section in the service area of each public entity

which operates a fixed route system, other than any portion of the service area in which the public

entity solely provides commuter bus service.

(3) Service criteria. Subject to paragraphs (1) and (2), the regulations issued under this section shall

establish minimum service criteria for determining he level of services to be required under this

section.

(4) Undue financial burden limitation. The regulations issued under this section shall provide that, if

the public entity is able to demonstrate to the satisfaction of the Secretary that the provision of

http://www.usdoj.gov/crt/ada/statute.html 7/26/00

paratransit and other special transportation services otherwise required under this section would

impose an undue financial burden on the public entity, the public entity, notwithstanding any other

provision of this section (other than paragraph (5)), shall only be required to provide such services to

the extent that providing such services would not impose such a burden.

(5) Additional services. The regulations issued under this section shall establish circumstances under

which the Secretary may require a public entity to provide, notwithstanding paragraph (4), paratransit

and other special transportation services under this section beyond the level of paratransit and other

special transportation services which would otherwise be required under paragraph (4).

(6) Public participation. The regulations issued under this section shall require that each public entity

which operates a fixed route system hold a public hearing, provide an opportunity for public

comment, and consult with individuals with disabilities in preparing its plan under paragraph (7).

(7) Plans. The regulations issued under this section shall require that each public entity which operates

a fixed route system

(A) within 18 months after the effective date of this subsection, submit to the Secretary, and

commence implementation of, a plan for providing paratransit and other special transportation

services which meets the requirements of this section; and

(B) on an annual basis thereafter, submit to the Secretary, and commence implementation of, a plan

for providing such services.

(8) Provision of services by others. The regulations issued under this section shall

(A) require that a public entity submitting a plan to the Secretary under this section identify in the plan:

any person or other public entity which is providing a paratransit or other special transportation

service for individuals with disabilities in the service area to which the plan applies; and

(B) provide that the public entity submitting the plan does not have to provide under the plan such

service for individuals with disabilities. 2

(9) Other provisions. The regulations issued under this section shall include such other provisions and

requirements as the Secretary determines are necessary to carry out the objectives of this section.

(d) Review of Plan.

(1) General rule. The Secretary shall review a plan submitted under this section for the purpose of

determining whether or not such plan meets the requirements of this section, including the regulations

issued under this section.

(2) Disapproval. If the Secretary determines that a plan reviewed under this subsection fails to meet

the requirements of this section, the Secretary shall disapprove the plan and notify the public entity

which submitted the plan of such disapproval and the reasons therefor.

(3) Modification of disapproved plan. Not later than 90 days after the date of disapproval of a plan

under this subsection, the public entity which submitted the plan shall modify the plan to meet the

requirements of this section and shall submit to the Secretary, and commence implementation of, such

http://www.usdoj.gov/ert/ada/statute. html 7/26/00

B Raw £ BAAR EW NURS Ee eee tee A ee aA - sor me ree

modified plan.

(e) Discrimination Defined. As used in subsection (a), the term

discrimination includes

(1) a failure of a public entity to which the regulations issued under this section apply to submit, or —

commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7);

(2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance

with subsection (d)(3);

(3) submission to the Secretary of a modified plan under subsection (d)(3) which does not meet the

requirements of this section; or

(4) a failure of such entity to provide partransit or other special transportation services in accordance

with the plan or modified plan the public entity submitted to the Secretary under this section.

(®) Statutory Construction. Nothing in this section shall be construed as preventing a public entity

(1) from providing paratransit or other special transportation services at a level which is greater than

the level of such services which are required by this section,

(2) from providing paratransit or other special transportation services in addition to those paratransit

and special transportation services required by this section, or

(3) from providing such services to, individuals in addition to those individuals to whom such services

are required to be provided by this section. ;

SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM. 42 USC 12144.

If'a public entity operates a demand responsive system, it shall be considered discrimination, for -

purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),

for such entity to purchase or lease anew vehicle for use on such system, for which a solicitation is

made after the 30th day following the effective date of this section, that is not readily accessible to and

usable by individuals with disabilities, including individuals who use wheelchairs, unless such system,

when viewed in its entirety, provides a level of service to such individuals equivalent to the level of

service such system provides to individuals without disabilities.

SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE. 42 USC 12145.

(a) Granting. With respect to the purchase of new buses, a public entity may apply for, and the

Secretary may temporarily relieve such public entity from the obligation under section 222(a) or 224

to purchase new buses that are readily accessible to and usable by individuals with disabilities if such

public entity demonstrates to the satisfaction of the Secretary

(1) that the initial solicitation for new buses made by the public entity specified that all new buses

were to be lift- equipped and were to be otherwise accessible to and usable by individuals with

disabilities;

http://www.usdoj.gov/crt/ada/statute. html 7/26/00

(2). the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts

for such new buses; . .

(3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified -

manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with

such solicitation; and

(4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly

impair transportation services in the community served by the public entity.

(b) Duration and Notice to Congress. Any relief granted under subsection (a) shall be limited in

duration by a specified date, and the appropriate committees of Congress shall be notified of any such

relief granted. |

granted under subsection (a) was fraudulently applied for, the Secretary shall

(1) cancel such relief if such relief is still in effect; and

(2) take such other action as the Secretary considers appropriate.

SEC. 226. NEW FACILITIES. 42 USC 12146.

For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

794), it shall be considered discrimination for a public entity to construct a new facility to be used in

the provision of designated public transportation services unless such facility is readily accessible to

and usable by individuals with disabilities, including individuals who use wheelchairs.

SEC. 227. ALTERATIONS OF EXISTING FACILITIES. 42 USC 12147.

(a) General Rule. With respect to alterations of an existing facility or part thereof used in the provision

of designated public transportation services that affect or could affect the usability of the facility or

part thereof, it shall be considered discrimination, for purposes of section.20 of this Act and section |

504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for a public entity to fail to make such

alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent

feasible, the altered portions of the facility are readily accessible to and usable by individuals with

disabilities, including individuals who use wheelchairs, upon the completion of such alterations.

Where the public entity is undertaking an alteration that affects or could affect usability of or access to

an area of the facility containing a primary function, the entity shall also make the alterations in such a

manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms,

telephones, and drinking fountains serving the altered area, are readily accessible to and usable by

individuals with disabilities, including individuals who use wheelchairs, upon completion of such

alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking

fountains serving the altered area are not disproportionate to the overall alterations in terms of cost

and scope (as determined under criteria established by the Attorney General).

(b) Special Rule for Stations.

http://www.usdoj.gov/crt/ada/statute.html | 7/26/00

a a ee Se ee eRe Dee Ue ao ROBY fete VL YU

(1) General rule. For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794), it shall, be considered discrimination for a public entity that provides designated

public transportation to fail, in accordance with the provisions of this subsection, to make key stations

(as determined under criteria established by the Secretary by regulation) in rapid rail and light rail

systems readily accessible to and usable by individuals with disabilities, including individuals who use

wheelchairs.

(2) Rapid rail and light rail key stations.

(A) Accessibility. Except as otherwise provided in this paragraph, all key stations (as determined

under criteria established by the Secretary by regulation) in rapid rail and light rail systems shall be

made readily accessible to and usable by individuals with disabilities, including individuals who use

wheelchairs, as soon as practicable but in no event later than the last day of the 3- year period

beginning on the effective date of this paragraph. .

(B) Extension for extraordinarily expensive structural changes. The Secretary may extend the 3- year

period under subparagraph (A) up to a 30- year period for key stations in a rapid rail or light rail

system which stations need extraordinarily expensive structural changes to, or replacement of, existing

facilities; except that by the last day of the 20th year following the date of the enactment of this Act at

least 2/3 of such key stations must be readily accessible to and usable by individuals with disabilities.

(3) Plans and milestones. The Secretary shall require the appropriate public entity to develop and

submit to the Secretary a plan for compliance with this subsection

(A) that reflects consultation with individuals with disabilities affected by such plan and the results of

a public hearing and public comments on such plan, and

(B) that establishes milestones for achievement of the requirements of this subsection.

SEC.228. PUBLIC TRAN SPORTATION PROGRAMS AND ACTIVITIES IN EXISTING

FACILITIES AND ONE CAR PER TRAIN RULE. 42 USC 12148.

(a) Public Transportation Programs and Activities in Existing Facilities.

(1) In general. With respect to existing facilities used in the provision of designated public

transportation services, it shall be considered discrimination, for purposes of section 202 of this Act

and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for a public entity to fail to operate

a designated public transportation program or activity conducted in such facilities so that, when

viewed in the entirety, the program or activity is readily accessible to and usable by individuals with

disabilities.

(2) Exception. Paragraph (1) shall not require a public entity to make structural changes to existing

facilities in order t make such facilities accessible to individuals who use wheelchairs, unless and to

the extent required by section 227(a) (relating to alterations) or section 227(b) (relating to key

stations).

(3) Utilization. Paragraph (1) shall not require a public entity to which paragraph (2) applies, to

provide to individuals who use wheelchairs services made available to the general public at such

http://www.usdoj.gov/crt/ada/statute.html -_ 7/26/00

naw 6 enka een Fe a ne ne ee me

facilities when such individuals could not utilize or benefit from such services provided at such

facilities: |

) (b) One Car Per Train Rule.

(1) General rule. Subject to paragraph (2), with respect to 2 or more vehicles operated as a train by a

light or rapid rail system, for purposes of section 202 of this Act and section 504 of the Rehabilitation

Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to fail to have at

least 1 vehicle per train that is accessible to individuals with disabilities, including individuals who

use wheelchairs, as soon as practicable but in no event later than the last day of the 5- year period

beginning on the effective date of this section.

(2) Historic trains. In order to comply with paragraph (1) with respect to the remanufacture of a

vehicle of historic character which is to be used on a segment of a light or rapid rail system which is

included on the National Register of Historic Places, if making such vehicle readily accessible to and

usable by individuals with disabilities would significantly alter the historic character of such vehicle,

the public entity which operates such system only has to make (or to purchase or lease a

remanufactured vehicle with) those modifications which are necessary to meet the requirements of

section 222(c)(1) and which do not significantly alter the historic character of such vehicle.

SEC. 229. REGULATIONS. 42 USC 12149.

(a) In General. Not later than 1 year after the date of enactment of this Act, the Secretary of

Transportation shall issue regulations, in an accessible format, necessary for carrying out this part

(other than section 223).

b) Standards. The regulations issued under this section and section 223 shall include standards

applicable to facilities and vehicles covered by this subtitle. The standards shall be consistent with the

minimum guidelines and requirements issued by the Architectural and Transportation Barriers /

Compliance Board in accordance with section 504 of this Act.

SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS. 42 USC I 2150.

If final regulations have not been issued pursuant to section 229, for new construction or alterations

for which a valid and appropriate State or local building permit is obtained prior to the issuance of

final regulations under such section, and for which the construction or alteration authorized by such

permit begins within one year of the receipt of such permit and is completed under the terms of such

permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building

permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and

usable by persons with disabilities as required under sections 226 and 227, except that, if such final

regulations have not been issued one year after the Architectural and Transportation Barriers

Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of

this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the

requirement that facilities be readily accessible to and usable by persons with disabilities prior to _

issuance of the final regulations. —

SEC. 231. EFFECTIVE DATE. 42 USC 12141 note.

(a) General Rule. Except as provided in subsection (b), this part shall become effective 18 months

Ta nt ewe wea ONT Rene Ho ALG EAAGE WS LC RWE UE LU Sedlitet «: eden et

after the date of enactment of this Act.

(b) Exception. Sections 222, 223 (other than subsection (a)), 224, 225, 227(b), 228(b), and 229 shall

become effective on the date of enactment of this Act.

PART Il PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL

SEC, 241. DEFINITIONS 42 USC 12161. |

As used in this part:

(1) Commuter authority. The term

commuter authority has the meaning given such term in section 103 (8) of the Rail Passenger Service

Act (45 U.S.C. 502(8)).

(2) Commuter rail transportation. The term

commuter rail transportation has the meaning given the term

commuter service in section 103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9)).

(3) Intercity rail transportation. The term

intercity rail transportation means transportation provided by the National Railroad Passenger

Corporation.

(4) Rail passenger car. The term

rail passenger car means, with respect to intercity rail transportation, single- level and bi- level coach

cars, single- level and bi- level dining cars, single- level and bi- level sleeping cars, single- level and

bi- level lounge cars, and food service cars.

(5) Responsible person. The term

responsible person means

(A) in the case of a station more than 50 percent of which is owned by a public entity, such public

entity;

(B) in the case of a station more than 50 percent of which is owned by a private party, the persons

providing intercity or commuter rail transportation to such station, as allocated on an equitable basis

by regulation by the Secretary of Transportation; and

commuter rail transportation to such station and the owners of the station, other than private party

owners, as allocated on an equitable basis by regulation by the Secretary of Transportation.

(6) Station. The term |

http://www.usdoj.gov/crt/ada/statute.html 7/26/00

[OCR skipped on page(s) 31-64]

[Read from a scan; the first 30 pages.]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.