# AMERICANS WITH DISABILITY ACT OF 1990

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## 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:

WHEREAS:

WHEREAS:

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

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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.

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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.

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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

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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;

(C) acquisition or modification of equipment or devices; and
(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;

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(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

(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

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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

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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;

or

(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

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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

(c) Covered Entities in Foreign Countries.

(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

(C) Determination. For purposes of this paragraph, the determination of whether an employer controls
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.

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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

(C) the results of such examination are used only in accordance with this title.
(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.

(C) Requirement. Information obtained under subparagraph (B) regarding the medical condition or
history of any employee are subject to the requirements of subparagraphs (B) and (C) of paragraph (3)..

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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.

(c) Religious Entities.

(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; :

(C) publish the methods by which such diseases are transmitted; and

(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,

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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.

(c) Authority of Covered Entity. A covered entity
(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); :

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(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

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

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-— 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

(C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section
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.

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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.

(c) Standards. Regulations under subsection (a) shall include standards applicable to facilities and
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

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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.

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(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.

(c) Remanufactured Vehicles.

(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

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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. ;

(c) Required Contents of Regulations.

(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

(C) to other individuals, in addition to the one individual described in subparagraph (B),
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

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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

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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;

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(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. |

(c) Fraudulent Application. If, at any time, the Secretary has reasonable cause to believe that any relief
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.

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(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

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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

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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

(C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or

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 |

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Ablue_lake%3A1a8f746454b241cd. Public record. Not legal advice.