104 STAT. 336 42 USC 12115. 42 USC 12116. 42 USC 12117. Regulations. PUBLIC LAW 101-336-JULY 26, 1990 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 determine 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. 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). SEC. 106. REGULATIONS. 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. SEC. 107. ENFORCEMENT. (a) POWERS, REMEDIES, AND PROCEDURES.-The powers, remedies, and procedures set forth in sections 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 manner 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 Federal 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 PUBLIC LAW 101-336-JULY 26, 1990 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. This title shall become effective 24 months after the date of enactment. TITLE II-PUBLIC SERVICES Subtitle A-Prohibition Against Discrimination and Other Generally Applicable Provisions SEC. 201. DEFINITION. As used in this title: (1) PUBLIC ENTITY.-The term "public entity" means- (B) any department, agency, special purpose district, or (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. 104 STAT. 337 42 USC 12111 note. 42 USC 12131. 42 USC 12132. 42 USC 12133. 42 USC 12134. 104 STAT. 338 42 USC 12131 note. 42 USC 12141. PUBLIC LAW 101-336-JULY 26, 1990 (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. Subtitle B-Actions Applicable to Public PART I-PUBLIC TRANSPORTATION OTHER THAN 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. PUBLIC LAW 101-336-JULY 26, 1990 (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. (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 104 STAT. 339 42 USC 12142. 104 STAT. 340 42 USC 12143. PUBLIC LAW 101-336-JULY 26, 1990 (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. SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE. (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 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 |