Page:United States Statutes at Large Volume 112 Part 2.djvu/220

 112 STAT. 1104 PUBLIC LAW 105-220—AUG. 7, 1998 "(A) IN GENERAL. —The terms Indian', 'American Indian', and 'Indian American' mean an individual who is a member of an Indian tribe. "(B) INDIAN TRIBE. —The term Indian tribe' means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaskan native village or regional village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act). "(20) INDIVIDUAL WITH A DISABILITY. — "(A) IN GENERAL.— Except as otherwise provided in subparagraph (B), the term 'individual with a disability' means any individual who— "(i) has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment; and "(ii) can benefit in terms of an employment outcome from vocational rehabilitation services provided pursuant to title I, III, or VI. "(B) CERTAIN PROGRAMS; LIMITATIONS ON MAJOR LIFE ACTiviTiES.^5ubject to subparagraphs (C), (D), (E), and (F), the term 'individual with a disability' means, for purposes of sections 2, 14, and 15, and titles II, IV, V, and VII of this Act, any person who— "(i) has a physical or mental impairment which substantially limits one or more of such person's major life activities; "(ii) has a record of such an impairment; or "(iii) is regarded as having such an impairment. "(C) RIGHTS AND ADVOCACY PROVISIONS.— " (i) IN GENERAL; EXCLUSION OF INDIVIDUALS ENGAG- ING IN DRUG USE. —For purposes of title V, the term 'individual with a disability* does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use. "(ii) EXCEPTION FOR INDIVIDUALS NO LONGER ENGAGING IN DRUG USE.— Nothing in clause (i) shall be construed to exclude as an individual with a disability an individual who— "(I) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; "(II) is participating in a supervised rehabilitation program and is no longer engaging in such use; or "(III) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this Act for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subclause (I) or (II) is no longer engaging in the illegal use of drugs.

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