
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12145]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                     SUBCHAPTER II--PUBLIC SERVICES
 
 Part B--Actions Applicable to Public Transportation Provided by Public 
                   Entities Considered Discriminatory
 
subpart i--public transportation other than by aircraft or certain rail 
                               operations
 
Sec. 12145. Temporary relief where lifts are unavailable


(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 12142(a) or 12144 of this title 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;
        (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) of this section 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) of this section 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.

(Pub. L. 101-336, title II, Sec. 225, July 26, 1990, 104 Stat. 343.)


                             Effective Date

    Section effective July 26, 1990, see section 231(b) of Pub. L. 101-
336, set out as a note under section 12141 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 12209 of this title; title 2 
section 1331.
