
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12131]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                     SUBCHAPTER II--PUBLIC SERVICES
 
     Part A--Prohibition Against Discrimination and Other Generally 
                          Applicable Provisions
 
Sec. 12131. Definitions

    As used in this subchapter:

                          (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 24102(4) \1\ of title 
        49).
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    \1\ See References in Text note below.
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             (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.

(Pub. L. 101-336, title II, Sec. 201, July 26, 1990, 104 Stat. 337.)

                       References in Text

    Section 24102 of title 49, referred to in par. (1)(C), was 
subsequently amended, and section 24102(4) no longer defines ``commuter 
authority''. However, such term is defined elsewhere in that section.

                          Codification

    In par. (1)(C), ``section 24102(4) of title 49'' substituted for 
``section 103(8) of the Rail Passenger Service Act'' on authority of 
Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first 
section of which enacted subtitles II, III, and V to X of Title 49, 
Transportation.


                             Effective Date

    Section 205 of Pub. L. 101-336 provided that:
    ``(a) General Rule.--Except as provided in subsection (b), this 
subtitle [subtitle A (Secs. 201-205) of title II of Pub. L. 101-336, 
enacting this part] shall become effective 18 months after the date of 
enactment of this Act [July 26, 1990].
    ``(b) Exception.--Section 204 [section 12134 of this title] shall 
become effective on the date of enactment of this Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 12181, 12209 of this title; 
title 2 section 1331; title 3 section 421.
