Page:United States Statutes at Large Volume 104 Part 1.djvu/371

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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 104 STAT. 337 42 USC 12111 note. SEC. 201. DEFINITION. 42 USC 12131. 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. 42 USC 12132. Subject to the provisions of this title, no qualified individual with a disability shall, by reeison 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 12133. 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.