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Americans with
Disabilities Act
Page 5 of 16
SEC. 201. DEFINITION.
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; and
(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.
SEC. 202. DISCRIMINATION.
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.
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.
(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.
(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.
SEC. 221. DEFINITIONS.
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 transportation.--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 school bus 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.
(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.
(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
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 significantly 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.
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