US (United States) Code. Title 42. Chapter 126: Equal opportunity for individuals with disabilities

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS

WITH DISABILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

-HEAD-

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

-MISC1-

Sec.

12101. Findings and purpose.

(a) Findings.

(b) Purpose.

12102. Definitions.

SUBCHAPTER I - EMPLOYMENT

12111. Definitions.

12112. Discrimination.

(a) General rule.

(b) Construction.

(c) Covered entities in foreign countries.

(d) Medical examinations and inquiries.

12113. Defenses.

(a) In general.

(b) Qualification standards.

(c) Religious entities.

(d) List of infectious and communicable diseases.

12114. Illegal use of drugs and alcohol.

(a) Qualified individual with a disability.

(b) Rules of construction.

(c) Authority of covered entity.

(d) Drug testing.

(e) Transportation employees.

12115. Posting notices.

12116. Regulations.

12117. Enforcement.

(a) Powers, remedies, and procedures.

(b) Coordination.

SUBCHAPTER II - PUBLIC SERVICES

PART A - PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY

APPLICABLE PROVISIONS

12131. Definitions.

12132. Discrimination.

12133. Enforcement.

12134. Regulations.

(a) In general.

(b) Relationship to other regulations.

(c) Standards.

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

12141. Definitions.

12142. Public entities operating fixed route systems.

(a) Purchase and lease of new vehicles.

(b) Purchase and lease of used vehicles.

(c) Remanufactured vehicles.

12143. Paratransit as a complement to fixed route service.

(a) General rule.

(b) Issuance of regulations.

(c) Required contents of regulations.

(d) Review of plan.

(e) "Discrimination" defined.

(f) Statutory construction.

12144. Public entity operating a demand responsive system.

12145. Temporary relief where lifts are unavailable.

(a) Granting.

(b) Duration and notice to Congress.

(c) Fraudulent application.

12146. New facilities.

12147. Alterations of existing facilities.

(a) General rule.

(b) Special rule for stations.

12148. Public transportation programs and activities in

existing facilities and one car per train rule.

(a) Public transportation programs and activities

in existing facilities.

(b) One car per train rule.

12149. Regulations.

(a) In general.

(b) Standards.

12150. Interim accessibility requirements.

SUBPART II - PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL

12161. Definitions.

12162. Intercity and commuter rail actions considered

discriminatory.

(a) Intercity rail transportation.

(b) Commuter rail transportation.

(c) Used rail cars.

(d) Remanufactured rail cars.

(e) Stations.

12163. Conformance of accessibility standards.

12164. Regulations.

12165. Interim accessibility requirements.

(a) Stations.

(b) Rail passenger cars.

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

12181. Definitions.

12182. Prohibition of discrimination by public

accommodations.

(a) General rule.

(b) Construction.

12183. New construction and alterations in public

accommodations and commercial facilities.

(a) Application of term.

(b) Elevator.

12184. Prohibition of discrimination in specified public

transportation services provided by private entities.

(a) General rule.

(b) Construction.

(c) Historical or antiquated cars.

12185. Study.

(a) Purposes.

(b) Contents.

(c) Advisory committee.

(d) Deadline.

(e) Review.

12186. Regulations.

(a) Transportation provisions.

(b) Other provisions.

(c) Consistency with ATBCB guidelines.

(d) Interim accessibility standards.

12187. Exemptions for private clubs and religious

organizations.

12188. Enforcement.

(a) In general.

(b) Enforcement by Attorney General.

12189. Examinations and courses.

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

12201. Construction.

(a) In general.

(b) Relationship to other laws.

(c) Insurance.

(d) Accommodations and services.

12202. State immunity.

12203. Prohibition against retaliation and coercion.

(a) Retaliation.

(b) Interference, coercion, or intimidation.

(c) Remedies and procedures.

12204. Regulations by Architectural and Transportation

Barriers Compliance Board.

(a) Issuance of guidelines.

(b) Contents of guidelines.

(c) Qualified historic properties.

12205. Attorney's fees.

12206. Technical assistance.

(a) Plan for assistance.

(b) Agency and public assistance.

(c) Implementation.

(d) Grants and contracts.

(e) Failure to receive assistance.

12207. Federal wilderness areas.

(a) Study.

(b) Submission of report.

(c) Specific wilderness access.

12208. Transvestites.

12209. Instrumentalities of Congress.

12210. Illegal use of drugs.

(a) In general.

(b) Rules of construction.

(c) Health and other services.

(d) "Illegal use of drugs" defined.

12211. Definitions.

(a) Homosexuality and bisexuality.

(b) Certain conditions.

12212. Alternative means of dispute resolution.

12213. Severability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 290bb-34, 608, 1760,

1786, 3796gg-7, 15007, 15024, 15545 of this title; title 2 sections

1302, 1331, 1371, 1434; title 3 sections 402, 421; title 16

sections 410aaa-41, 410aaa-52; title 20 sections 1011, 1140c, 1415;

title 23 section 133; title 25 section 2005; title 26 section 44;

title 29 sections 720, 721, 762, 764, 781, 793, 795, 3011; title 49

sections 5302, 5307, 5314, 5323, 5335, 47102.

-End-

-CITE-

42 USC Sec. 12101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

-HEAD-

Sec. 12101. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds that -

(1) some 43,000,000 Americans have one or more physical or

mental disabilities, and this number is increasing as the

population as a whole is growing older;

(2) historically, society has tended to isolate and segregate

individuals with disabilities, and, despite some improvements,

such forms of discrimination against individuals with

disabilities continue to be a serious and pervasive social

problem;

(3) discrimination against individuals with disabilities

persists in such critical areas as employment, housing, public

accommodations, education, transportation, communication,

recreation, institutionalization, health services, voting, and

access to public services;

(4) unlike individuals who have experienced discrimination on

the basis of race, color, sex, national origin, religion, or age,

individuals who have experienced discrimination on the basis of

disability have often had no legal recourse to redress such

discrimination;

(5) individuals with disabilities continually encounter various

forms of discrimination, including outright intentional

exclusion, the discriminatory effects of architectural,

transportation, and communication barriers, overprotective rules

and policies, failure to make modifications to existing

facilities and practices, exclusionary qualification standards

and criteria, segregation, and relegation to lesser services,

programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have

documented that people with disabilities, as a group, occupy an

inferior status in our society, and are severely disadvantaged

socially, vocationally, economically, and educationally;

(7) individuals with disabilities are a discrete and insular

minority who have been faced with restrictions and limitations,

subjected to a history of purposeful unequal treatment, and

relegated to a position of political powerlessness in our

society, based on characteristics that are beyond the control of

such individuals and resulting from stereotypic assumptions not

truly indicative of the individual ability of such individuals to

participate in, and contribute to, society;

(8) the Nation's proper goals regarding individuals with

disabilities are to assure equality of opportunity, full

participation, independent living, and economic self-sufficiency

for such individuals; and

(9) the continuing existence of unfair and unnecessary

discrimination and prejudice denies people with disabilities the

opportunity to compete on an equal basis and to pursue those

opportunities for which our free society is justifiably famous,

and costs the United States billions of dollars in unnecessary

expenses resulting from dependency and nonproductivity.

(b) Purpose

It is the purpose of this chapter -

(1) to provide a clear and comprehensive national mandate for

the elimination of discrimination against individuals with

disabilities;

(2) to provide clear, strong, consistent, enforceable standards

addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role

in enforcing the standards established in this chapter on behalf

of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including

the power to enforce the fourteenth amendment and to regulate

commerce, in order to address the major areas of discrimination

faced day-to-day by people with disabilities.

-SOURCE-

(Pub. L. 101-336, Sec. 2, July 26, 1990, 104 Stat. 328.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

-MISC1-

SHORT TITLE

Section 1(a) of Pub. L. 101-336 provided that: "This Act

[enacting this chapter and section 225 of Title 47, Telegraphs,

Telephones, and Radiotelegraphs, amending section 706 of Title 29,

Labor, and sections 152, 221, and 611 of Title 47, and enacting

provisions set out as notes under sections 12111, 12131, 12141,

12161, and 12181 of this title] may be cited as the 'Americans with

Disabilities Act of 1990'."

STUDY BY GENERAL ACCOUNTING OFFICE OF EXISTING DISABILITY-RELATED

EMPLOYMENT INCENTIVES

Pub. L. 106-170, title III, Sec. 303(a), Dec. 17, 1999, 113 Stat.

1903, provided that:

"(1) Study. - As soon as practicable after the date of the

enactment of this Act [Dec. 17, 1999], the Comptroller General of

the United States shall undertake a study to assess existing tax

credits and other disability-related employment incentives under

the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et

seq.) and other Federal laws. In such study, the Comptroller

General shall specifically address the extent to which such credits

and other incentives would encourage employers to hire and retain

individuals with disabilities.

"(2) Report. - Not later than 3 years after the date of the

enactment of this Act, the Comptroller General shall transmit to

the Committee on Ways and Means of the House of Representatives and

the Committee on Finance of the Senate a written report presenting

the results of the Comptroller General's study conducted pursuant

to this subsection, together with such recommendations for

legislative or administrative changes as the Comptroller General

determines are appropriate."

-End-

-CITE-

42 USC Sec. 12102 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

-HEAD-

Sec. 12102. Definitions

-STATUTE-

As used in this chapter:

(1) Auxiliary aids and services

The term "auxiliary aids and services" includes -

(A) qualified interpreters or other effective methods of

making aurally delivered materials available to individuals

with hearing impairments;

(B) qualified readers, taped texts, or other effective

methods of making visually delivered materials available to

individuals with visual impairments;

(C) acquisition or modification of equipment or devices; and

(D) other similar services and actions.

(2) Disability

The term "disability" means, with respect to an individual -

(A) a physical or mental impairment that substantially limits

one or more of the major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

(3) State

The term "State" means each of the several States, the District

of Columbia, the Commonwealth of Puerto Rico, Guam, American

Samoa, the Virgin Islands, the Trust Territory of the Pacific

Islands, and the Commonwealth of the Northern Mariana Islands.

-SOURCE-

(Pub. L. 101-336, Sec. 3, July 26, 1990, 104 Stat. 329.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 280b-1c, 3796gg-7,

3796hh, 12211, 12581, 12594 of this title; title 20 sections 1003,

1228c, 2302, 9202; title 29 section 2801; title 40 section 550;

title 47 section 255.

-End-

-CITE-

42 USC SUBCHAPTER I - EMPLOYMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - EMPLOYMENT

-HEAD-

SUBCHAPTER I - EMPLOYMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1981a, 12201, 12203,

12206 of this title; title 2 section 1311; title 3 section 411;

title 29 sections 723, 728a, 732, 772, 791, 793, 794.

-End-

-CITE-

42 USC Sec. 12111 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - EMPLOYMENT

-HEAD-

Sec. 12111. Definitions

-STATUTE-

As used in this subchapter:

(1) Commission

The term "Commission" means the Equal Employment Opportunity

Commission established by section 2000e-4 of this title.

(2) Covered entity

The term "covered entity" means an employer, employment agency,

labor organization, or joint labor-management committee.

(3) Direct threat

The term "direct threat" means a significant risk to the health

or safety of others that cannot be eliminated by reasonable

accommodation.

(4) Employee

The term "employee" means an individual employed by an

employer. With respect to employment in a foreign country, such

term includes an individual who is a citizen of the United

States.

(5) Employer

(A) In general

The term "employer" means a person engaged in an industry

affecting commerce who has 15 or more employees for each

working day in each of 20 or more calendar weeks in the current

or preceding calendar year, and any agent of such person,

except that, for two years following the effective date of this

subchapter, an employer means a person engaged in an industry

affecting commerce who has 25 or more employees for each

working day in each of 20 or more calendar weeks in the current

or preceding year, and any agent of such person.

(B) Exceptions

The term "employer" does not include -

(i) the United States, a corporation wholly owned by the

government of the United States, or an Indian tribe; or

(ii) a bona fide private membership club (other than a

labor organization) that is exempt from taxation under

section 501(c) of title 26.

(6) Illegal use of drugs

(A) In general

The term "illegal use of drugs" means the use of drugs, the

possession or distribution of which is unlawful under the

Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term

does not include the use of a drug taken under supervision by a

licensed health care professional, or other uses authorized by

the Controlled Substances Act or other provisions of Federal

law.

(B) Drugs

The term "drug" means a controlled substance, as defined in

schedules I through V of section 202 of the Controlled

Substances Act [21 U.S.C. 812].

(7) Person, etc.

The terms "person", "labor organization", "employment agency",

"commerce", and "industry affecting commerce", shall have the

same meaning given such terms in section 2000e of this title.

(8) Qualified individual with a disability

The term "qualified individual with a disability" means an

individual with a disability who, with or without reasonable

accommodation, can perform the essential functions of the

employment position that such individual holds or desires. For

the purposes of this subchapter, consideration shall be given to

the employer's judgment as to what functions of a job are

essential, and if an employer has prepared a written description

before advertising or interviewing applicants for the job, this

description shall be considered evidence of the essential

functions of the job.

(9) Reasonable accommodation

The term "reasonable accommodation" may include -

(A) making existing facilities used by employees readily

accessible to and usable by individuals with disabilities; and

(B) job restructuring, part-time or modified work schedules,

reassignment to a vacant position, acquisition or modification

of equipment or devices, appropriate adjustment or

modifications of examinations, training materials or policies,

the provision of qualified readers or interpreters, and other

similar accommodations for individuals with disabilities.

(10) Undue hardship

(A) In general

The term "undue hardship" means an action requiring

significant difficulty or expense, when considered in light of

the factors set forth in subparagraph (B).

(B) Factors to be considered

In determining whether an accommodation would impose an undue

hardship on a covered entity, factors to be considered include

-

(i) the nature and cost of the accommodation needed under

this chapter;

(ii) the overall financial resources of the facility or

facilities involved in the provision of the reasonable

accommodation; the number of persons employed at such

facility; the effect on expenses and resources, or the impact

otherwise of such accommodation upon the operation of the

facility;

(iii) the overall financial resources of the covered

entity; the overall size of the business of a covered entity

with respect to the number of its employees; the number,

type, and location of its facilities; and

(iv) the type of operation or operations of the covered

entity, including the composition, structure, and functions

of the workforce of such entity; the geographic separateness,

administrative, or fiscal relationship of the facility or

facilities in question to the covered entity.

-SOURCE-

(Pub. L. 101-336, title I, Sec. 101, July 26, 1990, 104 Stat. 330;

Pub. L. 102-166, title I, Sec. 109(a), Nov. 21, 1991, 105 Stat.

1077.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subchapter, referred to in par.

(5)(A), is 24 months after July 26, 1990, see section 108 of Pub.

L. 101-336, set out as an Effective Date note below.

The Controlled Substances Act, referred to in par. (6)(A), is

title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 21 and Tables.

This chapter, referred to in par. (10)(B)(i), was in the original

"this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 12101 of this title and Tables.

-MISC1-

AMENDMENTS

1991 - Par. (4). Pub. L. 102-166 inserted at end "With respect to

employment in a foreign country, such term includes an individual

who is a citizen of the United States."

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 inapplicable to conduct occurring

before Nov. 21, 1991, see section 109(c) of Pub. L. 102-166, set

out as a note under section 2000e of this title.

EFFECTIVE DATE

Section 108 of title I of Pub. L. 101-336 provided that: "This

title [enacting this subchapter] shall become effective 24 months

after the date of enactment [July 26, 1990]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5057, 12581, 12594, 12635

of this title.

-End-

-CITE-

42 USC Sec. 12112 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - EMPLOYMENT

-HEAD-

Sec. 12112. Discrimination

-STATUTE-

(a) General rule

No covered entity shall discriminate against a qualified

individual with a disability because of the disability of such

individual in regard to job application procedures, the hiring,

advancement, or discharge of employees, employee compensation, job

training, and other terms, conditions, and privileges of

employment.

(b) Construction

As used in subsection (a) of this section, the term

"discriminate" includes -

(1) limiting, segregating, or classifying a job applicant or

employee in a way that adversely affects the opportunities or

status of such applicant or employee because of the disability of

such applicant or employee;

(2) participating in a contractual or other arrangement or

relationship that has the effect of subjecting a covered entity's

qualified applicant or employee with a disability to the

discrimination prohibited by this subchapter (such relationship

includes a relationship with an employment or referral agency,

labor union, an organization providing fringe benefits to an

employee of the covered entity, or an organization providing

training and apprenticeship programs);

(3) utilizing standards, criteria, or methods of administration

-

(A) that have the effect of discrimination on the basis of

disability; or

(B) that perpetuate the discrimination of others who are

subject to common administrative control;

(4) excluding or otherwise denying equal jobs or benefits to a

qualified individual because of the known disability of an

individual with whom the qualified individual is known to have a

relationship or association;

(5)(A) not making reasonable accommodations to the known

physical or mental limitations of an otherwise qualified

individual with a disability who is an applicant or employee,

unless such covered entity can demonstrate that the accommodation

would impose an undue hardship on the operation of the business

of such covered entity; or

(B) denying employment opportunities to a job applicant or

employee who is an otherwise qualified individual with a

disability, if such denial is based on the need of such covered

entity to make reasonable accommodation to the physical or mental

impairments of the employee or applicant;

(6) using qualification standards, employment tests or other

selection criteria that screen out or tend to screen out an

individual with a disability or a class of individuals with

disabilities unless the standard, test or other selection

criteria, as used by the covered entity, is shown to be

job-related for the position in question and is consistent with

business necessity; and

(7) failing to select and administer tests concerning

employment in the most effective manner to ensure that, when such

test is administered to a job applicant or employee who has a

disability that impairs sensory, manual, or speaking skills, such

test results accurately reflect the skills, aptitude, or whatever

other factor of such applicant or employee that such test

purports to measure, rather than reflecting the impaired sensory,

manual, or speaking skills of such employee or applicant (except

where such skills are the factors that the test purports to

measure).

(c) Covered entities in foreign countries

(1) In general

It shall not be unlawful under this section for a covered

entity to take any action that constitutes discrimination under

this section with respect to an employee in a workplace in a

foreign country if compliance with this section would cause such

covered entity to violate the law of the foreign country in which

such workplace is located.

(2) Control of corporation

(A) Presumption

If an employer controls a corporation whose place of

incorporation is a foreign country, any practice that

constitutes discrimination under this section and is engaged in

by such corporation shall be presumed to be engaged in by such

employer.

(B) Exception

This section shall not apply with respect to the foreign

operations of an employer that is a foreign person not

controlled by an American employer.

(C) Determination

For purposes of this paragraph, the determination of whether

an employer controls a corporation shall be based on -

(i) the interrelation of operations;

(ii) the common management;

(iii) the centralized control of labor relations; and

(iv) the common ownership or financial control,

of the employer and the corporation.

(d) Medical examinations and inquiries

(1) In general

The prohibition against discrimination as referred to in

subsection (a) of this section shall include medical examinations

and inquiries.

(2) Preemployment

(A) Prohibited examination or inquiry

Except as provided in paragraph (3), a covered entity shall

not conduct a medical examination or make inquiries of a job

applicant as to whether such applicant is an individual with a

disability or as to the nature or severity of such disability.

(B) Acceptable inquiry

A covered entity may make preemployment inquiries into the

ability of an applicant to perform job-related functions.

(3) Employment entrance examination

A covered entity may require a medical examination after an

offer of employment has been made to a job applicant and prior to

the commencement of the employment duties of such applicant, and

may condition an offer of employment on the results of such

examination, if -

(A) all entering employees are subjected to such an

examination regardless of disability;

(B) information obtained regarding the medical condition or

history of the applicant is collected and maintained on

separate forms and in separate medical files and is treated as

a confidential medical record, except that -

(i) supervisors and managers may be informed regarding

necessary restrictions on the work or duties of the employee

and necessary accommodations;

(ii) first aid and safety personnel may be informed, when

appropriate, if the disability might require emergency

treatment; and

(iii) government officials investigating compliance with

this chapter shall be provided relevant information on

request; and

(C) the results of such examination are used only in

accordance with this subchapter.

(4) Examination and inquiry

(A) Prohibited examinations and inquiries

A covered entity shall not require a medical examination and

shall not make inquiries of an employee as to whether such

employee is an individual with a disability or as to the nature

or severity of the disability, unless such examination or

inquiry is shown to be job-related and consistent with business

necessity.

(B) Acceptable examinations and inquiries

A covered entity may conduct voluntary medical examinations,

including voluntary medical histories, which are part of an

employee health program available to employees at that work

site. A covered entity may make inquiries into the ability of

an employee to perform job-related functions.

(C) Requirement

Information obtained under subparagraph (B) regarding the

medical condition or history of any employee are subject to the

requirements of subparagraphs (B) and (C) of paragraph (3).

-SOURCE-

(Pub. L. 101-336, title I, Sec. 102, July 26, 1990, 104 Stat. 331;

Pub. L. 102-166, title I, Sec. 109(b)(2), Nov. 21, 1991, 105 Stat.

1077.)

-MISC1-

AMENDMENTS

1991 - Subsecs. (c), (d). Pub. L. 102-166 added subsec. (c) and

redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 inapplicable to conduct occurring

before Nov. 21, 1991, see section 109(c) of Pub. L. 102-166, set

out as a note under section 2000e of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1981a, 2000e-16b, 12209

of this title; title 2 section 1311; title 3 section 411.

-End-

-CITE-

42 USC Sec. 12113 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - EMPLOYMENT

-HEAD-

Sec. 12113. Defenses

-STATUTE-

(a) In general

It may be a defense to a charge of discrimination under this

chapter that an alleged application of qualification standards,

tests, or selection criteria that screen out or tend to screen out

or otherwise deny a job or benefit to an individual with a

disability has been shown to be job-related and consistent with

business necessity, and such performance cannot be accomplished by

reasonable accommodation, as required under this subchapter.

(b) Qualification standards

The term "qualification standards" may include a requirement that

an individual shall not pose a direct threat to the health or

safety of other individuals in the workplace.

(c) Religious entities

(1) In general

This subchapter shall not prohibit a religious corporation,

association, educational institution, or society from giving

preference in employment to individuals of a particular religion

to perform work connected with the carrying on by such

corporation, association, educational institution, or society of

its activities.

(2) Religious tenets requirement

Under this subchapter, a religious organization may require

that all applicants and employees conform to the religious tenets

of such organization.

(d) List of infectious and communicable diseases

(1) In general

The Secretary of Health and Human Services, not later than 6

months after July 26, 1990, shall -

(A) review all infectious and communicable diseases which may

be transmitted through handling the food supply;

(B) publish a list of infectious and communicable diseases

which are transmitted through handling the food supply;

(C) publish the methods by which such diseases are

transmitted; and

(D) widely disseminate such information regarding the list of

diseases and their modes of transmissability (!1) to the

general public.

Such list shall be updated annually.

(2) Applications

In any case in which an individual has an infectious or

communicable disease that is transmitted to others through the

handling of food, that is included on the list developed by the

Secretary of Health and Human Services under paragraph (1), and

which cannot be eliminated by reasonable accommodation, a covered

entity may refuse to assign or continue to assign such individual

to a job involving food handling.

(3) Construction

Nothing in this chapter shall be construed to preempt, modify,

or amend any State, county, or local law, ordinance, or

regulation applicable to food handling which is designed to

protect the public health from individuals who pose a significant

risk to the health or safety of others, which cannot be

eliminated by reasonable accommodation, pursuant to the list of

infectious or communicable diseases and the modes of

transmissability (!1) published by the Secretary of Health and

Human Services.

-SOURCE-

(Pub. L. 101-336, title I, Sec. 103, July 26, 1990, 104 Stat. 333.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2000e-16b, 12209 of this

title; title 2 section 1311; title 3 section 411.

-FOOTNOTE-

(!1) So in original. Probably should be "transmissibility".

-End-

-CITE-

42 USC Sec. 12114 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - EMPLOYMENT

-HEAD-

Sec. 12114. Illegal use of drugs and alcohol

-STATUTE-

(a) Qualified individual with a disability

For purposes of this subchapter, the term "qualified individual

with a disability" shall not include any employee or applicant who

is currently engaging in the illegal use of drugs, when the covered

entity acts on the basis of such use.

(b) Rules of construction

Nothing in subsection (a) of this section shall be construed to

exclude as a qualified individual with a disability an individual

who -

(1) 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;

(2) is participating in a supervised rehabilitation program and

is no longer engaging in such use; or

(3) 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 chapter 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 paragraph (1) or (2) is no

longer engaging in the illegal use of drugs.

(c) Authority of covered entity

A covered entity -

(1) may prohibit the illegal use of drugs and the use of

alcohol at the workplace by all employees;

(2) may require that employees shall not be under the influence

of alcohol or be engaging in the illegal use of drugs at the

workplace;

(3) may require that employees behave in conformance with the

requirements established under the Drug-Free Workplace Act of

1988 (41 U.S.C. 701 et seq.);

(4) may hold an employee who engages in the illegal use of

drugs or who is an alcoholic to the same qualification standards

for employment or job performance and behavior that such entity

holds other employees, even if any unsatisfactory performance or

behavior is related to the drug use or alcoholism of such

employee; and

(5) may, with respect to Federal regulations regarding alcohol

and the illegal use of drugs, require that -

(A) employees comply with the standards established in such

regulations of the Department of Defense, if the employees of

the covered entity are employed in an industry subject to such

regulations, including complying with regulations (if any) that

apply to employment in sensitive positions in such an industry,

in the case of employees of the covered entity who are employed

in such positions (as defined in the regulations of the

Department of Defense);

(B) employees comply with the standards established in such

regulations of the Nuclear Regulatory Commission, if the

employees of the covered entity are employed in an industry

subject to such regulations, including complying with

regulations (if any) that apply to employment in sensitive

positions in such an industry, in the case of employees of the

covered entity who are employed in such positions (as defined

in the regulations of the Nuclear Regulatory Commission); and

(C) employees comply with the standards established in such

regulations of the Department of Transportation, if the

employees of the covered entity are employed in a

transportation industry subject to such regulations, including

complying with such regulations (if any) that apply to

employment in sensitive positions in such an industry, in the

case of employees of the covered entity who are employed in

such positions (as defined in the regulations of the Department

of Transportation).

(d) Drug testing

(1) In general

For purposes of this subchapter, a test to determine the

illegal use of drugs shall not be considered a medical

examination.

(2) Construction

Nothing in this subchapter 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 subchapter 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) of

this section.

-SOURCE-

(Pub. L. 101-336, title I, Sec. 104, July 26, 1990, 104 Stat. 334.)

-REFTEXT-

REFERENCES IN TEXT

The Drug-Free Workplace Act of 1988, referred to in subsec.

(c)(3), is subtitle D (Secs. 5151-5160) of title V of Pub. L.

100-690, Nov. 18, 1988, 102 Stat. 4304, which is classified

generally to chapter 10 (Sec. 701 et seq.) of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 41 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2000e-16b, 12209 of this

title; title 2 section 1311; title 3 section 411.

-End-

-CITE-

42 USC Sec. 12115 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - EMPLOYMENT

-HEAD-

Sec. 12115. Posting notices

-STATUTE-

Every employer, employment agency, labor organization, or joint

labor-management committee covered under this subchapter shall post

notices in an accessible format to applicants, employees, and

members describing the applicable provisions of this chapter, in

the manner prescribed by section 2000e-10 of this title.

-SOURCE-

(Pub. L. 101-336, title I, Sec. 105, July 26, 1990, 104 Stat. 336.)

-End-

-CITE-

42 USC Sec. 12116 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - EMPLOYMENT

-HEAD-

Sec. 12116. Regulations

-STATUTE-

Not later than 1 year after July 26, 1990, the Commission shall

issue regulations in an accessible format to carry out this

subchapter in accordance with subchapter II of chapter 5 of title

5.

-SOURCE-

(Pub. L. 101-336, title I, Sec. 106, July 26, 1990, 104 Stat. 336.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12117 of this title.

-End-

-CITE-

42 USC Sec. 12117 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - EMPLOYMENT

-HEAD-

Sec. 12117. Enforcement

-STATUTE-

(a) Powers, remedies, and procedures

The powers, remedies, and procedures set forth in sections

2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9 of this title shall

be the powers, remedies, and procedures this subchapter 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 chapter, or regulations promulgated under section

12116 of this title, concerning employment.

(b) Coordination

The agencies with enforcement authority for actions which allege

employment discrimination under this subchapter and under the

Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall develop

procedures to ensure that administrative complaints filed under

this subchapter 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 subchapter 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 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 subchapter and

Rehabilitation Act of 1973 not later than 18 months after July 26,

1990.

-SOURCE-

(Pub. L. 101-336, title I, Sec. 107, July 26, 1990, 104 Stat. 336.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (b), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1981a, 12203 of this

title; title 2 section 1311; title 3 section 411.

-End-

-CITE-

42 USC SUBCHAPTER II - PUBLIC SERVICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - PUBLIC SERVICES

-HEAD-

SUBCHAPTER II - PUBLIC SERVICES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 300d-52, 1437c-1,

9918, 12201, 12203, 12204, 12206 of this title; title 2 section

1331; title 29 section 792.

-End-

-CITE-

42 USC Part A - Prohibition Against Discrimination and

Other Generally Applicable

Provisions 01/06/03

-EXPCITE-

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

-HEAD-

PART A - PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY

APPLICABLE PROVISIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 12206 of this title.

-End-

-CITE-

42 USC Sec. 12131 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12131. Definitions

-STATUTE-

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).

(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.

-SOURCE-

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

337.)

-REFTEXT-

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.

-COD-

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.

-MISC1-

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."

-EXEC-

EX. ORD. NO. 13217. COMMUNITY-BASED ALTERNATIVES FOR INDIVIDUALS

WITH DISABILITIES

Ex. Ord. No. 13217, June 18, 2001, 66 F.R. 33155, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to place

qualified individuals with disabilities in community settings

whenever appropriate, it is hereby ordered as follows:

Section 1. Policy. This order is issued consistent with the

following findings and principles:

(a) The United States is committed to community-based

alternatives for individuals with disabilities and recognizes that

such services advance the best interests of Americans.

(b) The United States seeks to ensure that America's

community-based programs effectively foster independence and

participation in the community for Americans with disabilities.

(c) Unjustified isolation or segregation of qualified individuals

with disabilities through institutionalization is a form of

disability-based discrimination prohibited by Title II of the

Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. 12101

[12131] et seq. States must avoid disability-based discrimination

unless doing so would fundamentally alter the nature of the

service, program, or activity provided by the State.

(d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the "Olmstead

decision"), the Supreme Court construed Title II of the ADA [42

U.S.C. 12131 et seq.] to require States to place qualified

individuals with mental disabilities in community settings, rather

than in institutions, whenever treatment professionals determine

that such placement is appropriate, the affected persons do not

oppose such placement, and the State can reasonably accommodate the

placement, taking into account the resources available to the State

and the needs of others with disabilities.

(e) The Federal Government must assist States and localities to

implement swiftly the Olmstead decision, so as to help ensure that

all Americans have the opportunity to live close to their families

and friends, to live more independently, to engage in productive

employment, and to participate in community life.

Sec. 2. Swift Implementation of the Olmstead Decision: Agency

Responsibilities. (a) The Attorney General, the Secretaries of

Health and Human Services, Education, Labor, and Housing and Urban

Development, and the Commissioner of the Social Security

Administration shall work cooperatively to ensure that the Olmstead

decision is implemented in a timely manner. Specifically, the

designated agencies should work with States to help them assess

their compliance with the Olmstead decision and the ADA [42 U.S.C.

12101 et seq.] in providing services to qualified individuals with

disabilities in community-based settings, as long as such services

are appropriate to the needs of those individuals. These agencies

should provide technical guidance and work cooperatively with

States to achieve the goals of Title II of the ADA [42 U.S.C. 12131

et seq.], particularly where States have chosen to develop

comprehensive, effectively working plans to provide services to

qualified individuals with disabilities in the most integrated

settings. These agencies should also ensure that existing Federal

resources are used in the most effective manner to support the

goals of the ADA. The Secretary of Health and Human Services shall

take the lead in coordinating these efforts.

(b) The Attorney General, the Secretaries of Health and Human

Services, Education, Labor, and Housing and Urban Development, and

the Commissioner of the Social Security Administration shall

evaluate the policies, programs, statutes, and regulations of their

respective agencies to determine whether any should be revised or

modified to improve the availability of community-based services

for qualified individuals with disabilities. The review shall focus

on identifying affected populations, improving the flow of

information about supports in the community, and removing barriers

that impede opportunities for community placement. The review

should ensure the involvement of consumers, advocacy organizations,

providers, and relevant agency representatives. Each agency head

should report to the President, through the Secretary of Health and

Human Services, with the results of their evaluation within 120

days.

(c) The Attorney General and the Secretary of Health and Human

Services shall fully enforce Title II of the ADA, including

investigating and resolving complaints filed on behalf of

individuals who allege that they have been the victims of

unjustified institutionalization. Whenever possible, the Department

of Justice and the Department of Health and Human Services should

work cooperatively with States to resolve these complaints, and

should use alternative dispute resolution to bring these complaints

to a quick and constructive resolution.

(d) The agency actions directed by this order shall be done

consistent with this Administration's budget.

Sec. 3. Judicial Review. Nothing in this order shall affect any

otherwise available judicial review of agency action. This order is

intended only to improve the internal management of the Federal

Government and does not create any right or benefit, substantive or

procedural, enforceable at law or equity by a party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person.

George W. Bush.

-SECREF-

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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12132 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12132. Discrimination

-STATUTE-

Subject to the provisions of this subchapter, 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.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 202, July 26, 1990, 104 Stat.

337.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12133, 12142, 12143,

12144, 12146, 12147, 12148, 12162, 12209 of this title; title 2

section 1331; title 3 section 421.

-End-

-CITE-

42 USC Sec. 12133 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12133. Enforcement

-STATUTE-

The remedies, procedures, and rights set forth in section 794a of

title 29 shall be the remedies, procedures, and rights this

subchapter provides to any person alleging discrimination on the

basis of disability in violation of section 12132 of this title.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 203, July 26, 1990, 104 Stat.

337.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12203, 12209 of this

title; title 2 section 1331; title 3 section 421.

-End-

-CITE-

42 USC Sec. 12134 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12134. Regulations

-STATUTE-

(a) In general

Not later than 1 year after July 26, 1990, the Attorney General

shall promulgate regulations in an accessible format that implement

this part. Such regulations shall not include any matter within the

scope of the authority of the Secretary of Transportation under

section 12143, 12149, or 12164 of this title.

(b) Relationship to other regulations

Except for "program accessibility, existing facilities", and

"communications", regulations under subsection (a) of this section

shall be consistent with this chapter 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 794 of title 29. 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 section 794 of title 29.

(c) Standards

Regulations under subsection (a) of this section shall include

standards applicable to facilities and vehicles covered by this

part, other than facilities, stations, rail passenger cars, and

vehicles covered by part B of this subchapter. Such standards shall

be consistent with the minimum guidelines and requirements issued

by the Architectural and Transportation Barriers Compliance Board

in accordance with section 12204(a) of this title.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 204, July 26, 1990, 104 Stat.

337.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 12101 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective July 26, 1990, see section 205(b) of Pub. L.

101-336, set out as a note under section 12131 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12209 of this title; title

2 section 1331; title 3 section 421.

-End-

-CITE-

42 USC Part B - Actions Applicable to Public

Transportation Provided by Public

Entities Considered Discriminatory 01/06/03

-EXPCITE-

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

-HEAD-

PART B - ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION PROVIDED BY

PUBLIC ENTITIES CONSIDERED DISCRIMINATORY

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 12134, 12206 of this title.

-End-

-CITE-

42 USC subpart i - public transportation other than by

aircraft or certain rail operations 01/06/03

-EXPCITE-

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

-HEAD-

SUBPART I - PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN

RAIL OPERATIONS

-End-

-CITE-

42 USC Sec. 12141 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12141. Definitions

-STATUTE-

As used in this subpart:

(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 12161 of this title)) 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.

(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.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 221, July 26, 1990, 104 Stat.

338.)

-MISC1-

EFFECTIVE DATE

Section 231 of Pub. L. 101-336 provided that:

"(a) General Rule. - Except as provided in subsection (b), this

part [part I (Secs. 221-231) of subtitle B of title II of Pub. L.

101-336, enacting this subpart] shall become effective 18 months

after the date of enactment of this Act [July 26, 1990].

"(b) Exception. - Sections 222, 223 (other than subsection (a)),

224, 225, 227(b), 228(b), and 229 [sections 12142, 12143(b) to (f),

12144, 12145, 12147(b), 12148(b), and 12149 of this title] shall

become effective on the date of enactment of this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12209 of this title; title

2 section 1331.

-End-

-CITE-

42 USC Sec. 12142 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12142. Public entities operating fixed route systems

-STATUTE-

(a) Purchase and lease of new vehicles

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 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 July 26,

1990, 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) of this section, it shall be

considered discrimination for purposes of section 12132 of this

title and section 794 of title 29 for a public entity which

operates a fixed route system to purchase or lease, after the 30th

day following July 26, 1990, 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 12132 of this title and

section 794 of title 29 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 July 26, 1990; 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 (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 12148(b) of this

title, a vehicle of historic character shall be defined by the

regulations issued by the Secretary to carry out this

subsection.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 222, July 26, 1990, 104 Stat.

339.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12145, 12148, 12209 of

this title; title 2 section 1331.

-End-

-CITE-

42 USC Sec. 12143 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12143. Paratransit as a complement to fixed route service

-STATUTE-

(a) General rule

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 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 July 26, 1990, 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

the individual with a disability and that the transportation of

such additional individuals will not result in a denial of

service to individuals with disabilities.

For purposes of clauses (i) and (ii) of subparagraph (A),

boarding or disembarking from a vehicle does not include travel

to the boarding location or from the disembarking location.

(2) Service area

The regulations issued under this section shall require the

provision of paratransit and special transportation services

required under this section in the service area of each public

entity which operates a fixed route system, other than any

portion of the service area in which the public entity solely

provides commuter bus service.

(3) Service criteria

Subject to paragraphs (1) and (2), the regulations issued under

this section shall establish minimum service criteria for

determining the level of services to be required under this

section.

(4) Undue financial burden limitation

The regulations issued under this section shall provide that,

if the public entity is able to demonstrate to the satisfaction

of the Secretary that the provision of paratransit and other

special transportation services otherwise required under this

section would impose an undue financial burden on the public

entity, the public entity, notwithstanding any other provision of

this section (other than paragraph (5)), shall only be required

to provide such services to the extent that providing such

services would not impose such a burden.

(5) Additional services

The regulations issued under this section shall establish

circumstances under which the Secretary may require a public

entity to provide, notwithstanding paragraph (4), paratransit and

other special transportation services under this section beyond

the level of paratransit and other special transportation

services which would otherwise be required under paragraph (4).

(6) Public participation

The regulations issued under this section shall require that

each public entity which operates a fixed route system hold a

public hearing, provide an opportunity for public comment, and

consult with individuals with disabilities in preparing its plan

under paragraph (7).

(7) Plans

The regulations issued under this section shall require that

each public entity which operates a fixed route system -

(A) within 18 months after July 26, 1990, submit to the

Secretary, and commence implementation of, a plan for providing

paratransit and other special transportation services which

meets the requirements of this section; and

(B) on an annual basis thereafter, submit to the Secretary,

and commence implementation of, a plan for providing such

services.

(8) Provision of services by others

The regulations issued under this section shall -

(A) require that a public entity submitting a plan to the

Secretary under this section identify in the plan any person or

other public entity which is providing a paratransit or other

special transportation service for individuals with

disabilities in the service area to which the plan applies; and

(B) provide that the public entity submitting the plan does

not have to provide under the plan such service for individuals

with disabilities.

(9) Other provisions

The regulations issued under this section shall include such

other provisions and requirements as the Secretary determines are

necessary to carry out the objectives of this section.

(d) Review of plan

(1) General rule

The Secretary shall review a plan submitted under this section

for the purpose of determining whether or not such plan meets the

requirements of this section, including the regulations issued

under this section.

(2) Disapproval

If the Secretary determines that a plan reviewed under this

subsection fails to meet the requirements of this section, the

Secretary shall disapprove the plan and notify the public entity

which submitted the plan of such disapproval and the reasons

therefor.

(3) Modification of disapproved plan

Not later than 90 days after the date of disapproval of a plan

under this subsection, the public entity which submitted the plan

shall modify the plan to meet the requirements of this section

and shall submit to the Secretary, and commence implementation

of, such modified plan.

(e) "Discrimination" defined

As used in subsection (a) of this section, the term

"discrimination" includes -

(1) a failure of a public entity to which the regulations

issued under this section apply to submit, or commence

implementation of, a plan in accordance with subsections (c)(6)

and (c)(7) of this section;

(2) a failure of such entity to submit, or commence

implementation of, a modified plan in accordance with subsection

(d)(3) of this section;

(3) submission to the Secretary of a modified plan under

subsection (d)(3) of this section which does not meet the

requirements of this section; or

(4) a failure of such entity to provide paratransit or other

special transportation services in accordance with the plan or

modified plan the public entity submitted to the Secretary under

this section.

(f) Statutory construction

Nothing in this section shall be construed as preventing a public

entity -

(1) from providing paratransit or other special transportation

services at a level which is greater than the level of such

services which are required by this section,

(2) from providing paratransit or other special transportation

services in addition to those paratransit and special

transportation services required by this section, or

(3) from providing such services to individuals in addition to

those individuals to whom such services are required to be

provided by this section.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 223, July 26, 1990, 104 Stat.

340.)

-MISC1-

EFFECTIVE DATE

Subsec. (a) of this section effective 18 months after July 26,

1990, and subsecs. (b) to (f) of this section effective July 26,

1990, see section 231 of Pub. L. 101-336, set out as a note under

section 12141 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12134, 12149, 12209 of

this title; title 2 section 1331; title 49 section 5302.

-End-

-CITE-

42 USC Sec. 12144 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12144. Public entity operating a demand responsive system

-STATUTE-

If a public entity operates a demand responsive system, it shall

be considered discrimination, for purposes of section 12132 of this

title and section 794 of title 29, for such entity to purchase or

lease a new vehicle for use on such system, for which a

solicitation is made after the 30th day following July 26, 1990,

that is not readily accessible to and usable by individuals with

disabilities, including individuals who use wheelchairs, unless

such system, when viewed in its entirety, provides a level of

service to such individuals equivalent to the level of service such

system provides to individuals without disabilities.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 224, July 26, 1990, 104 Stat.

342.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12145, 12209 of this

title; title 2 section 1331.

-End-

-CITE-

42 USC Sec. 12145 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12145. Temporary relief where lifts are unavailable

-STATUTE-

(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.

-SOURCE-

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

343.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12209 of this title; title

2 section 1331.

-End-

-CITE-

42 USC Sec. 12146 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12146. New facilities

-STATUTE-

For purposes of section 12132 of this title and section 794 of

title 29, it shall be considered discrimination for a public entity

to construct a new facility to be used in the provision of

designated public transportation services unless such facility is

readily accessible to and usable by individuals with disabilities,

including individuals who use wheelchairs.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 226, July 26, 1990, 104 Stat.

343.)

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, see section

231(a) of Pub. L. 101-336, set out as a note under section 12141 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12150, 12209 of this

title; title 2 section 1331.

-End-

-CITE-

42 USC Sec. 12147 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12147. Alterations of existing facilities

-STATUTE-

(a) General rule

With respect to alterations of an existing facility or part

thereof used in the provision of designated public transportation

services that affect or could affect the usability of the facility

or part thereof, it shall be considered discrimination, for

purposes of section 12132 of this title and section 794 of title

29, for a public entity to fail to make such alterations (or to

ensure that the alterations are made) in such a manner that, to the

maximum extent feasible, the altered portions of the facility are

readily accessible to and usable by individuals with disabilities,

including individuals who use wheelchairs, upon the completion of

such alterations. Where the public entity is undertaking an

alteration that affects or could affect usability of or access to

an area of the facility containing a primary function, the entity

shall also make the alterations in such a manner that, to the

maximum extent feasible, the path of travel to the altered area and

the bathrooms, telephones, and drinking fountains serving the

altered area, are readily accessible to and usable by individuals

with disabilities, including individuals who use wheelchairs, upon

completion of such alterations, where such alterations to the path

of travel or the bathrooms, telephones, and drinking fountains

serving the altered area are not disproportionate to the overall

alterations in terms of cost and scope (as determined under

criteria established by the Attorney General).

(b) Special rule for stations

(1) General rule

For purposes of section 12132 of this title and section 794 of

title 29, it shall be considered discrimination for a public

entity that provides designated public transportation to fail, in

accordance with the provisions of this subsection, to make key

stations (as determined under criteria established by the

Secretary by regulation) in rapid rail and light rail systems

readily accessible to and usable by individuals with

disabilities, including individuals who use wheelchairs.

(2) Rapid rail and light rail key stations

(A) Accessibility

Except as otherwise provided in this paragraph, all key

stations (as determined under criteria established by the

Secretary by regulation) in rapid rail and light rail systems

shall be made readily accessible to and usable by individuals

with disabilities, including individuals who use wheelchairs,

as soon as practicable but in no event later than the last day

of the 3-year period beginning on July 26, 1990.

(B) Extension for extraordinarily expensive structural changes

The Secretary may extend the 3-year period under subparagraph

(A) up to a 30-year period for key stations in a rapid rail or

light rail system which stations need extraordinarily expensive

structural changes to, or replacement of, existing facilities;

except that by the last day of the 20th year following July 26,

1990, at least 2/3 of such key stations must be readily

accessible to and usable by individuals with disabilities.

(3) Plans and milestones

The Secretary shall require the appropriate public entity to

develop and submit to the Secretary a plan for compliance with

this subsection -

(A) that reflects consultation with individuals with

disabilities affected by such plan and the results of a public

hearing and public comments on such plan, and

(B) that establishes milestones for achievement of the

requirements of this subsection.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 227, July 26, 1990, 104 Stat.

343.)

-MISC1-

EFFECTIVE DATE

Subsec. (a) of this section effective 18 months after July 26,

1990, and subsec. (b) of this section effective July 26, 1990, see

section 231 of Pub. L. 101-336, set out as a note under section

12141 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12148, 12150, 12209 of

this title; title 2 section 1331.

-End-

-CITE-

42 USC Sec. 12148 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12148. Public transportation programs and activities in

existing facilities and one car per train rule

-STATUTE-

(a) Public transportation programs and activities in existing

facilities

(1) In general

With respect to existing facilities used in the provision of

designated public transportation services, it shall be considered

discrimination, for purposes of section 12132 of this title and

section 794 of title 29, for a public entity to fail to operate a

designated public transportation program or activity conducted in

such facilities so that, when viewed in the entirety, the program

or activity is readily accessible to and usable by individuals

with disabilities.

(2) Exception

Paragraph (1) shall not require a public entity to make

structural changes to existing facilities in order to make such

facilities accessible to individuals who use wheelchairs, unless

and to the extent required by section 12147(a) of this title

(relating to alterations) or section 12147(b) of this title

(relating to key stations).

(3) Utilization

Paragraph (1) shall not require a public entity to which

paragraph (2) applies, to provide to individuals who use

wheelchairs services made available to the general public at such

facilities when such individuals could not utilize or benefit

from such services provided at such facilities.

(b) One car per train rule

(1) General rule

Subject to paragraph (2), with respect to 2 or more vehicles

operated as a train by a light or rapid rail system, for purposes

of section 12132 of this title and section 794 of title 29, it

shall be considered discrimination for a public entity to fail to

have at least 1 vehicle per train that is accessible to

individuals with disabilities, including individuals who use

wheelchairs, as soon as practicable but in no event later than

the last day of the 5-year period beginning on the effective date

of this section.

(2) Historic trains

In order to comply with paragraph (1) with respect to the

remanufacture of a vehicle of historic character which is to be

used on a segment of a light or rapid rail system which is

included on the National Register of Historic Places, if making

such vehicle readily accessible to and usable by individuals with

disabilities would significantly alter the historic character of

such vehicle, the public entity which operates such system only

has to make (or to purchase or lease a remanufactured vehicle

with) those modifications which are necessary to meet the

requirements of section 12142(c)(1) of this title and which do

not significantly alter the historic character of such vehicle.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 228, July 26, 1990, 104 Stat.

344.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this section, referred to in subsec.

(b)(1), probably means the effective date of subsec. (b), which is

effective on date of enactment of Pub. L. 101-336, which was

approved July 26, 1990. The effective date of subsec. (a) is 18

months after July 26, 1990. See section 231 of Pub. L. 101-336, set

out as an Effective Date note under section 12141 of this title.

-MISC1-

EFFECTIVE DATE

Subsec. (a) of this section effective 18 months after July 26,

1990, and subsec. (b) of this section effective July 26, 1990, see

section 231 of Pub. L. 101-336, set out as a note under section

12141 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12142, 12209 of this

title; title 2 section 1331.

-End-

-CITE-

42 USC Sec. 12149 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12149. Regulations

-STATUTE-

(a) In general

Not later than 1 year after July 26, 1990, the Secretary of

Transportation shall issue regulations, in an accessible format,

necessary for carrying out this subpart (other than section 12143

of this title).

(b) Standards

The regulations issued under this section and section 12143 of

this title shall include standards applicable to facilities and

vehicles covered by this part. The standards shall be consistent

with the minimum guidelines and requirements issued by the

Architectural and Transportation Barriers Compliance Board in

accordance with section 12204 of this title.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 229, July 26, 1990, 104 Stat.

345.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12134, 12150, 12209 of

this title; title 2 section 1331.

-End-

-CITE-

42 USC Sec. 12150 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 12150. Interim accessibility requirements

-STATUTE-

If final regulations have not been issued pursuant to section

12149 of this title, for new construction or alterations for which

a valid and appropriate State or local building permit is obtained

prior to the issuance of final regulations under such section, and

for which the construction or alteration authorized by such permit

begins within one year of the receipt of such permit and is

completed under the terms of such permit, compliance with the

Uniform Federal Accessibility Standards in effect at the time the

building permit is issued shall suffice to satisfy the requirement

that facilities be readily accessible to and usable by persons with

disabilities as required under sections 12146 and 12147 of this

title, except that, if such final regulations have not been issued

one year after the Architectural and Transportation Barriers

Compliance Board has issued the supplemental minimum guidelines

required under section 12204(a) of this title, compliance with such

supplemental minimum guidelines shall be necessary to satisfy the

requirement that facilities be readily accessible to and usable by

persons with disabilities prior to issuance of the final

regulations.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 230, July 26, 1990, 104 Stat.

345.)

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, see section

231(a) of Pub. L. 101-336, set out as a note under section 12141 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12209 of this title; title

2 section 1331.

-End-

-CITE-

42 USC subpart ii - public transportation by intercity

and commuter rail 01/06/03

-EXPCITE-

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 ii - public transportation by intercity and commuter rail

-HEAD-

SUBPART II - PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL

-End-

-CITE-

42 USC Sec. 12161 01/06/03

-EXPCITE-

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 ii - public transportation by intercity and commuter rail

-HEAD-

Sec. 12161. Definitions

-STATUTE-

As used in this subpart:

(1) Commuter authority

The term "commuter authority" has the meaning given such term

in section 24102(4) (!1) of title 49.

(2) Commuter rail transportation

The term "commuter rail transportation" has the meaning given

the term "commuter rail passenger transportation" in section

24102(5) (!1) of title 49.

(3) Intercity rail transportation

The term "intercity rail transportation" means transportation

provided by the National Railroad Passenger Corporation.

(4) Rail passenger car

The term "rail passenger car" means, with respect to intercity

rail transportation, single-level and bi-level coach cars,

single-level and bi-level dining cars, single-level and bi-level

sleeping cars, single-level and bi-level lounge cars, and food

service cars.

(5) Responsible person

The term "responsible person" means -

(A) in the case of a station more than 50 percent of which is

owned by a public entity, such public entity;

(B) in the case of a station more than 50 percent of which is

owned by a private party, the persons providing intercity or

commuter rail transportation to such station, as allocated on

an equitable basis by regulation by the Secretary of

Transportation; and

(C) in a case where no party owns more than 50 percent of a

station, the persons providing intercity or commuter rail

transportation to such station and the owners of the station,

other than private party owners, as allocated on an equitable

basis by regulation by the Secretary of Transportation.

(6) Station

The term "station" means the portion of a property located

appurtenant to a right-of-way on which intercity or commuter rail

transportation is operated, where such portion is used by the

general public and is related to the provision of such

transportation, including passenger platforms, designated waiting

areas, ticketing areas, restrooms, and, where a public entity

providing rail transportation owns the property, concession

areas, to the extent that such public entity exercises control

over the selection, design, construction, or alteration of the

property, but such term does not include flag stops.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 241, July 26, 1990, 104 Stat. 346;

Pub. L. 104-287, Sec. 6(k), Oct. 11, 1996, 110 Stat. 3400.)

-REFTEXT-

REFERENCES IN TEXT

Section 24102 of title 49, referred to in pars. (1) and (2), was

subsequently amended, and pars. (4) and (5) of section 24102 no

longer define "commuter authority" and "commuter rail passenger

transportation", respectively. However, such terms are defined

elsewhere in that section.

-COD-

CODIFICATION

In pars. (1) and (2), "section 24102(4) of title 49" substituted

for "section 103(8) of the Rail Passenger Service Act (45 U.S.C.

502(8))" and "section 24102(5) of title 49" substituted for

"section 103(9) of the Rail Passenger Service Act (45 U.S.C.

502(9))" 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.

-MISC1-

AMENDMENTS

1996 - Par. (2). Pub. L. 104-287 substituted "commuter rail

passenger transportation" for "commuter service".

EFFECTIVE DATE

Section 246 of Pub. L. 101-336 provided that:

"(a) General Rule. - Except as provided in subsection (b), this

part [part II (Secs. 241-246) of subtitle B of title II of Pub. L.

101-336, enacting this subpart] shall become effective 18 months

after the date of enactment of this Act [July 26, 1990].

"(b) Exception. - Sections 242 and 244 [sections 12162 and 12164

of this title] shall become effective on the date of enactment of

this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12141 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12162 01/06/03

-EXPCITE-

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 ii - public transportation by intercity and commuter rail

-HEAD-

Sec. 12162. Intercity and commuter rail actions considered

discriminatory

-STATUTE-

(a) Intercity rail transportation

(1) One car per train rule

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 for a person who

provides intercity rail transportation to fail to have at least

one passenger car per train that is readily accessible to and

usable by individuals with disabilities, including individuals

who use wheelchairs, in accordance with regulations issued under

section 12164 of this title, as soon as practicable, but in no

event later than 5 years after July 26, 1990.

(2) New intercity cars

(A) General rule

Except as otherwise provided in this subsection with respect

to individuals who use wheelchairs, it shall be considered

discrimination for purposes of section 12132 of this title and

section 794 of title 29 for a person to purchase or lease any

new rail passenger cars for use in intercity rail

transportation, and for which a solicitation is made later than

30 days after July 26, 1990, unless all such rail cars are

readily accessible to and usable by individuals with

disabilities, including individuals who use wheelchairs, as

prescribed by the Secretary of Transportation in regulations

issued under section 12164 of this title.

(B) Special rule for single-level passenger coaches for

individuals who use wheelchairs

Single-level passenger coaches shall be required to -

(i) be able to be entered by an individual who uses a

wheelchair;

(ii) have space to park and secure a wheelchair;

(iii) have a seat to which a passenger in a wheelchair can

transfer, and a space to fold and store such passenger's

wheelchair; and

(iv) have a restroom usable by an individual who uses a

wheelchair,

only to the extent provided in paragraph (3).

(C) Special rule for single-level dining cars for individuals

who use wheelchairs

Single-level dining cars shall not be required to -

(i) be able to be entered from the station platform by an

individual who uses a wheelchair; or

(ii) have a restroom usable by an individual who uses a

wheelchair if no restroom is provided in such car for any

passenger.

(D) Special rule for bi-level dining cars for individuals who

use wheelchairs

Bi-level dining cars shall not be required to -

(i) be able to be entered by an individual who uses a

wheelchair;

(ii) have space to park and secure a wheelchair;

(iii) have a seat to which a passenger in a wheelchair can

transfer, or a space to fold and store such passenger's

wheelchair; or

(iv) have a restroom usable by an individual who uses a

wheelchair.

(3) Accessibility of single-level coaches

(A) General rule

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 for a person

who provides intercity rail transportation to fail to have on

each train which includes one or more single-level rail

passenger coaches -

(i) a number of spaces -

(I) to park and secure wheelchairs (to accommodate

individuals who wish to remain in their wheelchairs) equal

to not less than one-half of the number of single-level

rail passenger coaches in such train; and

(II) to fold and store wheelchairs (to accommodate

individuals who wish to transfer to coach seats) equal to

not less than one-half of the number of single-level rail

passenger coaches in such train,

as soon as practicable, but in no event later than 5 years

after July 26, 1990; and

(ii) a number of spaces -

(I) to park and secure wheelchairs (to accommodate

individuals who wish to remain in their wheelchairs) equal

to not less than the total number of single-level rail

passenger coaches in such train; and

(II) to fold and store wheelchairs (to accommodate

individuals who wish to transfer to coach seats) equal to

not less than the total number of single-level rail

passenger coaches in such train,

as soon as practicable, but in no event later than 10 years

after July 26, 1990.

(B) Location

Spaces required by subparagraph (A) shall be located in

single-level rail passenger coaches or food service cars.

(C) Limitation

Of the number of spaces required on a train by subparagraph

(A), not more than two spaces to park and secure wheelchairs

nor more than two spaces to fold and store wheelchairs shall be

located in any one coach or food service car.

(D) Other accessibility features

Single-level rail passenger coaches and food service cars on

which the spaces required by subparagraph (A) are located shall

have a restroom usable by an individual who uses a wheelchair

and shall be able to be entered from the station platform by an

individual who uses a wheelchair.

(4) Food service

(A) Single-level dining cars

On any train in which a single-level dining car is used to

provide food service -

(i) if such single-level dining car was purchased after

July 26, 1990, table service in such car shall be provided to

a passenger who uses a wheelchair if -

(I) the car adjacent to the end of the dining car through

which a wheelchair may enter is itself accessible to a

wheelchair;

(II) such passenger can exit to the platform from the car

such passenger occupies, move down the platform, and enter

the adjacent accessible car described in subclause (I)

without the necessity of the train being moved within the

station; and

(III) space to park and secure a wheelchair is available

in the dining car at the time such passenger wishes to eat

(if such passenger wishes to remain in a wheelchair), or

space to store and fold a wheelchair is available in the

dining car at the time such passenger wishes to eat (if

such passenger wishes to transfer to a dining car seat);

and

(ii) appropriate auxiliary aids and services, including a

hard surface on which to eat, shall be provided to ensure

that other equivalent food service is available to

individuals with disabilities, including individuals who use

wheelchairs, and to passengers traveling with such

individuals.

Unless not practicable, a person providing intercity rail

transportation shall place an accessible car adjacent to the

end of a dining car described in clause (i) through which an

individual who uses a wheelchair may enter.

(B) Bi-level dining cars

On any train in which a bi-level dining car is used to

provide food service -

(i) if such train includes a bi-level lounge car purchased

after July 26, 1990, table service in such lounge car shall

be provided to individuals who use wheelchairs and to other

passengers; and

(ii) appropriate auxiliary aids and services, including a

hard surface on which to eat, shall be provided to ensure

that other equivalent food service is available to

individuals with disabilities, including individuals who use

wheelchairs, and to passengers traveling with such

individuals.

(b) Commuter rail transportation

(1) One car per train rule

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 for a person who

provides commuter rail transportation to fail to have at least

one passenger car per train that is readily accessible to and

usable by individuals with disabilities, including individuals

who use wheelchairs, in accordance with regulations issued under

section 12164 of this title, as soon as practicable, but in no

event later than 5 years after July 26, 1990.

(2) New commuter rail cars

(A) General rule

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 for a person to

purchase or lease any new rail passenger cars for use in

commuter rail transportation, and for which a solicitation is

made later than 30 days after July 26, 1990, unless all such

rail cars are readily accessible to and usable by individuals

with disabilities, including individuals who use wheelchairs,

as prescribed by the Secretary of Transportation in regulations

issued under section 12164 of this title.

(B) Accessibility

For purposes of section 12132 of this title and section 794

of title 29, a requirement that a rail passenger car used in

commuter rail transportation be accessible to or readily

accessible to and usable by individuals with disabilities,

including individuals who use wheelchairs, shall not be

construed to require -

(i) a restroom usable by an individual who uses a

wheelchair if no restroom is provided in such car for any

passenger;

(ii) space to fold and store a wheelchair; or

(iii) a seat to which a passenger who uses a wheelchair can

transfer.

(c) Used rail cars

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 for a person to

purchase or lease a used rail passenger car for use in intercity or

commuter rail transportation, unless such person makes demonstrated

good faith efforts to purchase or lease a used rail car that is

readily accessible to and usable by individuals with disabilities,

including individuals who use wheelchairs, as prescribed by the

Secretary of Transportation in regulations issued under section

12164 of this title.

(d) Remanufactured rail cars

(1) Remanufacturing

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 for a person to

remanufacture a rail passenger car for use in intercity or

commuter rail transportation so as to extend its usable life for

10 years or more, unless the rail car, to the maximum extent

feasible, is made readily accessible to and usable by individuals

with disabilities, including individuals who use wheelchairs, as

prescribed by the Secretary of Transportation in regulations

issued under section 12164 of this title.

(2) Purchase or lease

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 for a person to

purchase or lease a remanufactured rail passenger car for use in

intercity or commuter rail transportation unless such car was

remanufactured in accordance with paragraph (1).

(e) Stations

(1) New stations

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 for a person to

build a new station for use in intercity or commuter rail

transportation that is not readily accessible to and usable by

individuals with disabilities, including individuals who use

wheelchairs, as prescribed by the Secretary of Transportation in

regulations issued under section 12164 of this title.

(2) Existing stations

(A) Failure to make readily accessible

(i) General rule

It shall be considered discrimination for purposes of

section 12132 of this title and section 794 of title 29 for a

responsible person to fail to make existing stations in the

intercity rail transportation system, and existing key

stations in commuter rail transportation systems, readily

accessible to and usable by individuals with disabilities,

including individuals who use wheelchairs, as prescribed by

the Secretary of Transportation in regulations issued under

section 12164 of this title.

(ii) Period for compliance

(I) Intercity rail

All stations in the intercity rail transportation system

shall be made readily accessible to and usable by

individuals with disabilities, including individuals who

use wheelchairs, as soon as practicable, but in no event

later than 20 years after July 26, 1990.

(II) Commuter rail

Key stations in commuter rail transportation systems

shall be made readily accessible to and usable by

individuals with disabilities, including individuals who

use wheelchairs, as soon as practicable but in no event

later than 3 years after July 26, 1990, except that the

time limit may be extended by the Secretary of

Transportation up to 20 years after July 26, 1990, in a

case where the raising of the entire passenger platform is

the only means available of attaining accessibility or

where other extraordinarily expensive structural changes

are necessary to attain accessibility.

(iii) Designation of key stations

Each commuter authority shall designate the key stations in

its commuter rail transportation system, in consultation with

individuals with disabilities and organizations representing

such individuals, taking into consideration such factors as

high ridership and whether such station serves as a transfer

or feeder station. Before the final designation of key

stations under this clause, a commuter authority shall hold a

public hearing.

(iv) Plans and milestones

The Secretary of Transportation shall require the

appropriate person to develop a plan for carrying out this

subparagraph that reflects consultation with individuals with

disabilities affected by such plan and that establishes

milestones for achievement of the requirements of this

subparagraph.

(B) Requirement when making alterations

(i) General rule

It shall be considered discrimination, for purposes of

section 12132 of this title and section 794 of title 29, with

respect to alterations of an existing station or part thereof

in the intercity or commuter rail transportation systems that

affect or could affect the usability of the station or part

thereof, for the responsible person, owner, or person in

control of the station to fail to make the alterations in

such a manner that, to the maximum extent feasible, the

altered portions of the station are readily accessible to and

usable by individuals with disabilities, including

individuals who use wheelchairs, upon completion of such

alterations.

(ii) Alterations to a primary function area

It shall be considered discrimination, for purposes of

section 12132 of this title and section 794 of title 29, with

respect to alterations that affect or could affect the

usability of or access to an area of the station containing a

primary function, for the responsible person, owner, or

person in control of the station to fail to make the

alterations in such a manner that, to the maximum extent

feasible, the path of travel to the altered area, and the

bathrooms, telephones, and drinking fountains serving the

altered area, are readily accessible to and usable by

individuals with disabilities, including individuals who use

wheelchairs, upon completion of such alterations, where such

alterations to the path of travel or the bathrooms,

telephones, and drinking fountains serving the altered area

are not disproportionate to the overall alterations in terms

of cost and scope (as determined under criteria established

by the Attorney General).

(C) Required cooperation

It shall be considered discrimination for purposes of section

12132 of this title and section 794 of title 29 for an owner,

or person in control, of a station governed by subparagraph (A)

or (B) to fail to provide reasonable cooperation to a

responsible person with respect to such station in that

responsible person's efforts to comply with such subparagraph.

An owner, or person in control, of a station shall be liable to

a responsible person for any failure to provide reasonable

cooperation as required by this subparagraph. Failure to

receive reasonable cooperation required by this subparagraph

shall not be a defense to a claim of discrimination under this

chapter.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 242, July 26, 1990, 104 Stat.

347.)

-MISC1-

EFFECTIVE DATE

Section effective July 26, 1990, see section 246(b) of Pub. L.

101-336, set out as a note under section 12161 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12165, 12181 of this

title.

-End-

-CITE-

42 USC Sec. 12163 01/06/03

-EXPCITE-

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 ii - public transportation by intercity and commuter rail

-HEAD-

Sec. 12163. Conformance of accessibility standards

-STATUTE-

Accessibility standards included in regulations issued under this

subpart shall be consistent with the minimum guidelines issued by

the Architectural and Transportation Barriers Compliance Board

under section 12204(a) of this title.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 243, July 26, 1990, 104 Stat.

352.)

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, see section

246(a) of Pub. L. 101-336, set out as a note under section 12161 of

this title.

-End-

-CITE-

42 USC Sec. 12164 01/06/03

-EXPCITE-

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 ii - public transportation by intercity and commuter rail

-HEAD-

Sec. 12164. Regulations

-STATUTE-

Not later than 1 year after July 26, 1990, the Secretary of

Transportation shall issue regulations, in an accessible format,

necessary for carrying out this subpart.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 244, July 26, 1990, 104 Stat.

352.)

-MISC1-

EFFECTIVE DATE

Section effective July 26, 1990, see section 246(b) of Pub. L.

101-336, set out as a note under section 12161 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12134, 12162, 12165 of

this title.

-End-

-CITE-

42 USC Sec. 12165 01/06/03

-EXPCITE-

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 ii - public transportation by intercity and commuter rail

-HEAD-

Sec. 12165. Interim accessibility requirements

-STATUTE-

(a) Stations

If final regulations have not been issued pursuant to section

12164 of this title, for new construction or alterations for which

a valid and appropriate State or local building permit is obtained

prior to the issuance of final regulations under such section, and

for which the construction or alteration authorized by such permit

begins within one year of the receipt of such permit and is

completed under the terms of such permit, compliance with the

Uniform Federal Accessibility Standards in effect at the time the

building permit is issued shall suffice to satisfy the requirement

that stations be readily accessible to and usable by persons with

disabilities as required under section 12162(e) of this title,

except that, if such final regulations have not been issued one

year after the Architectural and Transportation Barriers Compliance

Board has issued the supplemental minimum guidelines required under

section 12204(a) of this title, compliance with such supplemental

minimum guidelines shall be necessary to satisfy the requirement

that stations be readily accessible to and usable by persons with

disabilities prior to issuance of the final regulations.

(b) Rail passenger cars

If final regulations have not been issued pursuant to section

12164 of this title, a person shall be considered to have complied

with the requirements of section 12162(a) through (d) of this title

that a rail passenger car be readily accessible to and usable by

individuals with disabilities, if the design for such car complies

with the laws and regulations (including the Minimum Guidelines and

Requirements for Accessible Design and such supplemental minimum

guidelines as are issued under section 12204(a) of this title)

governing accessibility of such cars, to the extent that such laws

and regulations are not inconsistent with this subpart and are in

effect at the time such design is substantially completed.

-SOURCE-

(Pub. L. 101-336, title II, Sec. 245, July 26, 1990, 104 Stat.

352.)

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, see section

246(a) of Pub. L. 101-336, set out as a note under section 12161 of

this title.

-End-

-CITE-

42 USC SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND

SERVICES OPERATED BY PRIVATE ENTITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 12201, 12203, 12204,

12206 of this title; title 29 section 792.

-End-

-CITE-

42 USC Sec. 12181 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

Sec. 12181. Definitions

-STATUTE-

As used in this subchapter:

(1) Commerce

The term "commerce" means travel, trade, traffic, commerce,

transportation, or communication -

(A) among the several States;

(B) between any foreign country or any territory or

possession and any State; or

(C) between points in the same State but through another

State or foreign country.

(2) Commercial facilities

The term "commercial facilities" means facilities -

(A) that are intended for nonresidential use; and

(B) whose operations will affect commerce.

Such term shall not include railroad locomotives, railroad

freight cars, railroad cabooses, railroad cars described in

section 12162 of this title or covered under this subchapter,

railroad rights-of-way, or facilities that are covered or

expressly exempted from coverage under the Fair Housing Act of

1968 (!1) (42 U.S.C. 3601 et seq.).

(3) Demand responsive system

The term "demand responsive system" means any system of

providing transportation of individuals by a vehicle, other than

a system which is a fixed route system.

(4) Fixed route system

The term "fixed route system" means a system of providing

transportation of individuals (other than by aircraft) on which a

vehicle is operated along a prescribed route according to a fixed

schedule.

(5) Over-the-road bus

The term "over-the-road bus" means a bus characterized by an

elevated passenger deck located over a baggage compartment.

(6) Private entity

The term "private entity" means any entity other than a public

entity (as defined in section 12131(1) of this title).

(7) Public accommodation

The following private entities are considered public

accommodations for purposes of this subchapter, if the operations

of such entities affect commerce -

(A) an inn, hotel, motel, or other place of lodging, except

for an establishment located within a building that contains

not more than five rooms for rent or hire and that is actually

occupied by the proprietor of such establishment as the

residence of such proprietor;

(B) a restaurant, bar, or other establishment serving food or

drink;

(C) a motion picture house, theater, concert hall, stadium,

or other place of exhibition or entertainment;

(D) an auditorium, convention center, lecture hall, or other

place of public gathering;

(E) a bakery, grocery store, clothing store, hardware store,

shopping center, or other sales or rental establishment;

(F) a laundromat, dry-cleaner, bank, barber shop, beauty

shop, travel service, shoe repair service, funeral parlor, gas

station, office of an accountant or lawyer, pharmacy, insurance

office, professional office of a health care provider,

hospital, or other service establishment;

(G) a terminal, depot, or other station used for specified

public transportation;

(H) a museum, library, gallery, or other place of public

display or collection;

(I) a park, zoo, amusement park, or other place of

recreation;

(J) a nursery, elementary, secondary, undergraduate, or

postgraduate private school, or other place of education;

(K) a day care center, senior citizen center, homeless

shelter, food bank, adoption agency, or other social service

center establishment; and

(L) a gymnasium, health spa, bowling alley, golf course, or

other place of exercise or recreation.

(8) Rail and railroad

The terms "rail" and "railroad" have the meaning given the term

"railroad" in section 20102(1) of title 49.

(9) Readily achievable

The term "readily achievable" means easily accomplishable and

able to be carried out without much difficulty or expense. In

determining whether an action is readily achievable, factors to

be considered include -

(A) the nature and cost of the action needed under this

chapter;

(B) the overall financial resources of the facility or

facilities involved in the action; the number of persons

employed at such facility; the effect on expenses and

resources, or the impact otherwise of such action upon the

operation of the facility;

(C) the overall financial resources of the covered entity;

the overall size of the business of a covered entity with

respect to the number of its employees; the number, type, and

location of its facilities; and

(D) the type of operation or operations of the covered

entity, including the composition, structure, and functions of

the workforce of such entity; the geographic separateness,

administrative or fiscal relationship of the facility or

facilities in question to the covered entity.

(10) Specified public transportation

The term "specified public transportation" means transportation

by bus, rail, or any other conveyance (other than by aircraft)

that provides the general public with general or special service

(including charter service) on a regular and continuing basis.

(11) Vehicle

The term "vehicle" does not include a rail passenger car,

railroad locomotive, railroad freight car, railroad caboose, or a

railroad car described in section 12162 of this title or covered

under this subchapter.

-SOURCE-

(Pub. L. 101-336, title III, Sec. 301, July 26, 1990, 104 Stat.

353.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Housing Act of 1968, referred to in par. (2), probably

means the Fair Housing Act, title VIII of Pub. L. 90-284, Apr. 11,

1968, 82 Stat. 81, as amended, which is classified principally to

subchapter I of chapter 45 (Sec. 3601 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 3601 of this title and Tables.

This chapter, referred to in par. (9)(A), was in the original

"this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 12101 of this title and Tables.

-COD-

CODIFICATION

In par. (8), "section 20102(1) of title 49" substituted for

"section 202(e) of the Federal Railroad Safety Act of 1970 (45

U.S.C. 431(e))" 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.

-MISC1-

EFFECTIVE DATE

Section 310 of title III of Pub. L. 101-336 provided that:

"(a) General Rule. - Except as provided in subsections (b) and

(c), this title [enacting this subchapter] shall become effective

18 months after the date of the enactment of this Act [July 26,

1990].

"(b) Civil Actions. - Except for any civil action brought for a

violation of section 303 [section 12183 of this title], no civil

action shall be brought for any act or omission described in

section 302 [section 12182 of this title] which occurs -

"(1) during the first 6 months after the effective date,

against businesses that employ 25 or fewer employees and have

gross receipts of $1,000,000 or less; and

"(2) during the first year after the effective date, against

businesses that employ 10 or fewer employees and have gross

receipts of $500,000 or less.

"(c) Exception. - Sections 302(a) [section 12182(a) of this

title] for purposes of section 302(b)(2)(B) and (C) only, 304(a)

[section 12184(a) of this title] for purposes of section 304(b)(3)

only, 304(b)(3), 305 [section 12185 of this title], and 306

[section 12186 of this title] shall take effect on the date of the

enactment of this Act [July 26, 1990]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 47 section 255.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12182 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

Sec. 12182. Prohibition of discrimination by public accommodations

-STATUTE-

(a) General rule

No individual shall be discriminated against on the basis of

disability in the full and equal enjoyment of the goods, services,

facilities, privileges, advantages, or accommodations of any place

of public accommodation by any person who owns, leases (or leases

to), or operates a place of public accommodation.

(b) Construction

(1) General prohibition

(A) Activities

(i) Denial of participation

It shall be discriminatory to subject an individual or

class of individuals on the basis of a disability or

disabilities of such individual or class, directly, or

through contractual, licensing, or other arrangements, to a

denial of the opportunity of the individual or class to

participate in or benefit from the goods, services,

facilities, privileges, advantages, or accommodations of an

entity.

(ii) Participation in unequal benefit

It shall be discriminatory to afford an individual or class

of individuals, on the basis of a disability or disabilities

of such individual or class, directly, or through

contractual, licensing, or other arrangements with the

opportunity to participate in or benefit from a good,

service, facility, privilege, advantage, or accommodation

that is not equal to that afforded to other individuals.

(iii) Separate benefit

It shall be discriminatory to provide an individual or

class of individuals, on the basis of a disability or

disabilities of such individual or class, directly, or

through contractual, licensing, or other arrangements with a

good, service, facility, privilege, advantage, or

accommodation that is different or separate from that

provided to other individuals, unless such action is

necessary to provide the individual or class of individuals

with a good, service, facility, privilege, advantage, or

accommodation, or other opportunity that is as effective as

that provided to others.

(iv) Individual or class of individuals

For purposes of clauses (i) through (iii) of this

subparagraph, the term "individual or class of individuals"

refers to the clients or customers of the covered public

accommodation that enters into the contractual, licensing or

other arrangement.

(B) Integrated settings

Goods, services, facilities, privileges, advantages, and

accommodations shall be afforded to an individual with a

disability in the most integrated setting appropriate to the

needs of the individual.

(C) Opportunity to participate

Notwithstanding the existence of separate or different

programs or activities provided in accordance with this

section, an individual with a disability shall not be denied

the opportunity to participate in such programs or activities

that are not separate or different.

(D) Administrative methods

An individual or entity shall not, directly or through

contractual or other arrangements, utilize standards or

criteria or methods of administration -

(i) that have the effect of discriminating on the basis of

disability; or

(ii) that perpetuate the discrimination of others who are

subject to common administrative control.

(E) Association

It shall be discriminatory to exclude or otherwise deny equal

goods, services, facilities, privileges, advantages,

accommodations, or other opportunities to an individual or

entity because of the known disability of an individual with

whom the individual or entity is known to have a relationship

or association.

(2) Specific prohibitions

(A) Discrimination

For purposes of subsection (a) of this section,

discrimination includes -

(i) the imposition or application of eligibility criteria

that screen out or tend to screen out an individual with a

disability or any class of individuals with disabilities from

fully and equally enjoying any goods, services, facilities,

privileges, advantages, or accommodations, unless such

criteria can be shown to be necessary for the provision of

the goods, services, facilities, privileges, advantages, or

accommodations being offered;

(ii) a failure to make reasonable modifications in

policies, practices, or procedures, when such modifications

are necessary to afford such goods, services, facilities,

privileges, advantages, or accommodations to individuals with

disabilities, unless the entity can demonstrate that making

such modifications would fundamentally alter the nature of

such goods, services, facilities, privileges, advantages, or

accommodations;

(iii) a failure to take such steps as may be necessary to

ensure that no individual with a disability is excluded,

denied services, segregated or otherwise treated differently

than other individuals because of the absence of auxiliary

aids and services, unless the entity can demonstrate that

taking such steps would fundamentally alter the nature of the

good, service, facility, privilege, advantage, or

accommodation being offered or would result in an undue

burden;

(iv) a failure to remove architectural barriers, and

communication barriers that are structural in nature, in

existing facilities, and transportation barriers in existing

vehicles and rail passenger cars used by an establishment for

transporting individuals (not including barriers that can

only be removed through the retrofitting of vehicles or rail

passenger cars by the installation of a hydraulic or other

lift), where such removal is readily achievable; and

(v) where an entity can demonstrate that the removal of a

barrier under clause (iv) is not readily achievable, a

failure to make such goods, services, facilities, privileges,

advantages, or accommodations available through alternative

methods if such methods are readily achievable.

(B) Fixed route system

(i) Accessibility

It shall be considered discrimination for a private entity

which operates a fixed route system and which is not subject

to section 12184 of this title to purchase or lease a vehicle

with a seating capacity in excess of 16 passengers (including

the driver) for use on such system, for which a solicitation

is made after the 30th day following the effective date of

this subparagraph, that is not readily accessible to and

usable by individuals with disabilities, including

individuals who use wheelchairs.

(ii) Equivalent service

If a private entity which operates a fixed route system and

which is not subject to section 12184 of this title purchases

or leases a vehicle with a seating capacity of 16 passengers

or less (including the driver) for use on such system after

the effective date of this subparagraph that is not readily

accessible to or usable by individuals with disabilities, it

shall be considered discrimination for such entity to fail to

operate such system so that, when viewed in its entirety,

such system ensures a level of service to individuals with

disabilities, including individuals who use wheelchairs,

equivalent to the level of service provided to individuals

without disabilities.

(C) Demand responsive system

For purposes of subsection (a) of this section,

discrimination includes -

(i) a failure of a private entity which operates a demand

responsive system and which is not subject to section 12184

of this title to operate such system so that, when viewed in

its entirety, such system ensures a level of service to

individuals with disabilities, including individuals who use

wheelchairs, equivalent to the level of service provided to

individuals without disabilities; and

(ii) the purchase or lease by such entity for use on such

system of a vehicle with a seating capacity in excess of 16

passengers (including the driver), for which solicitations

are made after the 30th day following the effective date of

this subparagraph, that is not readily accessible to and

usable by individuals with disabilities (including

individuals who use wheelchairs) unless such entity can

demonstrate that such system, when viewed in its entirety,

provides a level of service to individuals with disabilities

equivalent to that provided to individuals without

disabilities.

(D) Over-the-road buses

(i) Limitation on applicability

Subparagraphs (B) and (C) do not apply to over-the-road

buses.

(ii) Accessibility requirements

For purposes of subsection (a) of this section,

discrimination includes (I) the purchase or lease of an

over-the-road bus which does not comply with the regulations

issued under section 12186(a)(2) of this title by a private

entity which provides transportation of individuals and which

is not primarily engaged in the business of transporting

people, and (II) any other failure of such entity to comply

with such regulations.

(3) Specific construction

Nothing in this subchapter shall require an entity to permit an

individual to participate in or benefit from the goods, services,

facilities, privileges, advantages and accommodations of such

entity where such individual poses a direct threat to the health

or safety of others. The term "direct threat" means a significant

risk to the health or safety of others that cannot be eliminated

by a modification of policies, practices, or procedures or by the

provision of auxiliary aids or services.

-SOURCE-

(Pub. L. 101-336, title III, Sec. 302, July 26, 1990, 104 Stat.

355.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of this subparagraph, referred to in

subsec. (b)(2)(B), (C)(ii), see section 310 of Pub. L. 101-336, set

out as an Effective Date note under section 12181 of this title.

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, but with subsec.

(a) of this section (for purposes of subsec. (b)(2)(B), (C) only)

effective July 26, 1990, and with certain qualifications with

respect to bringing of civil actions, see section 310 of Pub. L.

101-336, set out as a note under section 12181 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12183, 12184, 12186,

12188, 12209 of this title; title 2 section 1331; title 3 section

421.

-End-

-CITE-

42 USC Sec. 12183 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

Sec. 12183. New construction and alterations in public

accommodations and commercial facilities

-STATUTE-

(a) Application of term

Except as provided in subsection (b) of this section, as applied

to public accommodations and commercial facilities, discrimination

for purposes of section 12182(a) of this title includes -

(1) a failure to design and construct facilities for first

occupancy later than 30 months after July 26, 1990, that are

readily accessible to and usable by individuals with

disabilities, except where an entity can demonstrate that it is

structurally impracticable to meet the requirements of such

subsection in accordance with standards set forth or incorporated

by reference in regulations issued under this subchapter; and

(2) with respect to a facility or part thereof that is altered

by, on behalf of, or for the use of an establishment in a manner

that affects or could affect the usability of the facility or

part thereof, a failure to make alterations in such a manner

that, to the maximum extent feasible, the altered portions of the

facility are readily accessible to and usable by individuals with

disabilities, including individuals who use wheelchairs. Where

the entity is undertaking an alteration that affects or could

affect usability of or access to an area of the facility

containing a primary function, the entity shall also make the

alterations in such a manner that, to the maximum extent

feasible, the path of travel to the altered area and the

bathrooms, telephones, and drinking fountains serving the altered

area, are readily accessible to and usable by individuals with

disabilities where such alterations to the path of travel or the

bathrooms, telephones, and drinking fountains serving the altered

area are not disproportionate to the overall alterations in terms

of cost and scope (as determined under criteria established by

the Attorney General).

(b) Elevator

Subsection (a) of this section shall not be construed to require

the installation of an elevator for facilities that are less than

three stories or have less than 3,000 square feet per story unless

the building is a shopping center, a shopping mall, or the

professional office of a health care provider or unless the

Attorney General determines that a particular category of such

facilities requires the installation of elevators based on the

usage of such facilities.

-SOURCE-

(Pub. L. 101-336, title III, Sec. 303, July 26, 1990, 104 Stat.

358.)

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, see section

310(a), (b) of Pub. L. 101-336, set out as a note under section

12181 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12184, 12186, 12188,

12209 of this title; title 2 section 1331; title 3 section 421.

-End-

-CITE-

42 USC Sec. 12184 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

Sec. 12184. Prohibition of discrimination in specified public

transportation services provided by private entities

-STATUTE-

(a) General rule

No individual shall be discriminated against on the basis of

disability in the full and equal enjoyment of specified public

transportation services provided by a private entity that is

primarily engaged in the business of transporting people and whose

operations affect commerce.

(b) Construction

For purposes of subsection (a) of this section, discrimination

includes -

(1) the imposition or application by a (!1) entity described in

subsection (a) of this section of eligibility criteria that

screen out or tend to screen out an individual with a disability

or any class of individuals with disabilities from fully enjoying

the specified public transportation services provided by the

entity, unless such criteria can be shown to be necessary for the

provision of the services being offered;

(2) the failure of such entity to -

(A) make reasonable modifications consistent with those

required under section 12182(b)(2)(A)(ii) of this title;

(B) provide auxiliary aids and services consistent with the

requirements of section 12182(b)(2)(A)(iii) of this title; and

(C) remove barriers consistent with the requirements of

section 12182(b)(2)(A) of this title and with the requirements

of section 12183(a)(2) of this title;

(3) the purchase or lease by such entity of a new vehicle

(other than an automobile, a van with a seating capacity of less

than 8 passengers, including the driver, or an over-the-road bus)

which is to be used to provide specified public transportation

and for which a solicitation is made after the 30th day following

the effective date of this section, that is not readily

accessible to and usable by individuals with disabilities,

including individuals who use wheelchairs; except that the new

vehicle need not be readily accessible to and usable by such

individuals if the new vehicle is to be used solely in a demand

responsive system and if the entity can demonstrate that such

system, when viewed in its entirety, provides a level of service

to such individuals equivalent to the level of service provided

to the general public;

(4)(A) the purchase or lease by such entity of an over-the-road

bus which does not comply with the regulations issued under

section 12186(a)(2) of this title; and

(B) any other failure of such entity to comply with such

regulations; and

(5) the purchase or lease by such entity of a new van with a

seating capacity of less than 8 passengers, including the driver,

which is to be used to provide specified public transportation

and for which a solicitation is made after the 30th day following

the effective date of this section that is not readily accessible

to or usable by individuals with disabilities, including

individuals who use wheelchairs; except that the new van need not

be readily accessible to and usable by such individuals if the

entity can demonstrate that the system for which the van is being

purchased or leased, when viewed in its entirety, provides a

level of service to such individuals equivalent to the level of

service provided to the general public;

(6) the purchase or lease by such entity of a new rail

passenger car that is to be used to provide specified public

transportation, and for which a solicitation is made later than

30 days after the effective date of this paragraph, that is not

readily accessible to and usable by individuals with

disabilities, including individuals who use wheelchairs; and

(7) the remanufacture by such entity of a rail passenger car

that is to be used to provide specified public transportation so

as to extend its usable life for 10 years or more, or the

purchase or lease by such entity of such a rail car, unless the

rail car, to the maximum extent feasible, is made readily

accessible to and usable by individuals with disabilities,

including individuals who use wheelchairs.

(c) Historical or antiquated cars

(1) Exception

To the extent that compliance with subsection (b)(2)(C) or

(b)(7) of this section would significantly alter the historic or

antiquated character of a historical or antiquated rail passenger

car, or a rail station served exclusively by such cars, or would

result in violation of any rule, regulation, standard, or order

issued by the Secretary of Transportation under the Federal

Railroad Safety Act of 1970, such compliance shall not be

required.

(2) Definition

As used in this subsection, the term "historical or antiquated

rail passenger car" means a rail passenger car -

(A) which is not less than 30 years old at the time of its

use for transporting individuals;

(B) the manufacturer of which is no longer in the business of

manufacturing rail passenger cars; and

(C) which -

(i) has a consequential association with events or persons

significant to the past; or

(ii) embodies, or is being restored to embody, the

distinctive characteristics of a type of rail passenger car

used in the past, or to represent a time period which has

passed.

-SOURCE-

(Pub. L. 101-336, title III, Sec. 304, July 26, 1990, 104 Stat.

359.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of this section, referred to in subsec.

(b)(3), (5), see section 310 of Pub. L. 101-336, set out as an

Effective Date note under section 12181 of this title.

The effective date of this paragraph, referred to in subsec.

(b)(6), is 18 months after July 26, 1990, see section 310(a) of

Pub. L. 101-336, set out as an Effective Date note under section

12181 of this title.

The Federal Railroad Safety Act of 1970, referred to in subsec.

(c)(1), is title II of Pub. L. 91-458, Oct. 16, 1970, 84 Stat. 971,

as amended, which was classified generally to subchapter II (Sec.

431 et seq.) of chapter 13 of Title 45, Railroads, and was repealed

and reenacted in section 5109(c) of Title 5, Government

Organization and Employees, section 54a of Title 45, Railroads,

chapter 201 and sections 21301, 21302, 21304, 21311, 24902, and

24905 of Title 49, Transportation, and provisions set out as a note

under section 20103 of Title 49 by Pub. L. 103-272, Secs. 1(e),

4(b)(1), (i), (t), 7(b), July 5, 1994, 108 Stat. 862, 891, 893,

930, 935, 1361, 1365, 1372, 1379, the first section of which

enacted subtitles II, III, and V to X of Title 49.

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, but with subsec.

(a) of this section (for purposes of subsec. (b)(3) only) and

subsec. (b)(3) of this section effective July 26, 1990, see section

310(a), (c) of Pub. L. 101-336, set out as a note under section

12181 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12182, 12185, 12186,

12206 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "an".

-End-

-CITE-

42 USC Sec. 12185 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

Sec. 12185. Study

-STATUTE-

(a) Purposes

The Office of Technology Assessment shall undertake a study to

determine -

(1) the access needs of individuals with disabilities to

over-the-road buses and over-the-road bus service; and

(2) the most cost-effective methods for providing access to

over-the-road buses and over-the-road bus service to individuals

with disabilities, particularly individuals who use wheelchairs,

through all forms of boarding options.

(b) Contents

The study shall include, at a minimum, an analysis of the

following:

(1) The anticipated demand by individuals with disabilities for

accessible over-the-road buses and over-the-road bus service.

(2) The degree to which such buses and service, including any

service required under sections 12184(b)(4) and 12186(a)(2) of

this title, are readily accessible to and usable by individuals

with disabilities.

(3) The effectiveness of various methods of providing

accessibility to such buses and service to individuals with

disabilities.

(4) The cost of providing accessible over-the-road buses and

bus service to individuals with disabilities, including

consideration of recent technological and cost saving

developments in equipment and devices.

(5) Possible design changes in over-the-road buses that could

enhance accessibility, including the installation of accessible

restrooms which do not result in a loss of seating capacity.

(6) The impact of accessibility requirements on the

continuation of over-the-road bus service, with particular

consideration of the impact of such requirements on such service

to rural communities.

(c) Advisory committee

In conducting the study required by subsection (a) of this

section, the Office of Technology Assessment shall establish an

advisory committee, which shall consist of -

(1) members selected from among private operators and

manufacturers of over-the-road buses;

(2) members selected from among individuals with disabilities,

particularly individuals who use wheelchairs, who are potential

riders of such buses; and

(3) members selected for their technical expertise on issues

included in the study, including manufacturers of boarding

assistance equipment and devices.

The number of members selected under each of paragraphs (1) and (2)

shall be equal, and the total number of members selected under

paragraphs (1) and (2) shall exceed the number of members selected

under paragraph (3).

(d) Deadline

The study required by subsection (a) of this section, along with

recommendations by the Office of Technology Assessment, including

any policy options for legislative action, shall be submitted to

the President and Congress within 36 months after July 26, 1990. If

the President determines that compliance with the regulations

issued pursuant to section 12186(a)(2)(B) of this title on or

before the applicable deadlines specified in section 12186(a)(2)(B)

of this title will result in a significant reduction in intercity

over-the-road bus service, the President shall extend each such

deadline by 1 year.

(e) Review

In developing the study required by subsection (a) of this

section, the Office of Technology Assessment shall provide a

preliminary draft of such study to the Architectural and

Transportation Barriers Compliance Board established under section

792 of title 29. The Board shall have an opportunity to comment on

such draft study, and any such comments by the Board made in

writing within 120 days after the Board's receipt of the draft

study shall be incorporated as part of the final study required to

be submitted under subsection (d) of this section.

-SOURCE-

(Pub. L. 101-336, title III, Sec. 305, July 26, 1990, 104 Stat.

360.)

-MISC1-

EFFECTIVE DATE

Section effective July 26, 1990, see section 310(c) of Pub. L.

101-336, set out as a note under section 12181 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12186 of this title.

-End-

-CITE-

42 USC Sec. 12186 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

Sec. 12186. Regulations

-STATUTE-

(a) Transportation provisions

(1) General rule

Not later than 1 year after July 26, 1990, the Secretary of

Transportation shall issue regulations in an accessible format to

carry out sections (!1) 12182(b)(2)(B) and (C) of this title and

to carry out section 12184 of this title (other than subsection

(b)(4)).

(2) Special rules for providing access to over-the-road buses

(A) Interim requirements

(i) Issuance

Not later than 1 year after July 26, 1990, the Secretary of

Transportation shall issue regulations in an accessible

format to carry out sections 12184(b)(4) and

12182(b)(2)(D)(ii) of this title that require each private

entity which uses an over-the-road bus to provide

transportation of individuals to provide accessibility to

such bus; except that such regulations shall not require any

structural changes in over-the-road buses in order to provide

access to individuals who use wheelchairs during the

effective period of such regulations and shall not require

the purchase of boarding assistance devices to provide access

to such individuals.

(ii) Effective period

The regulations issued pursuant to this subparagraph shall

be effective until the effective date of the regulations

issued under subparagraph (B).

(B) Final requirement

(i) Review of study and interim requirements

The Secretary shall review the study submitted under

section 12185 of this title and the regulations issued

pursuant to subparagraph (A).

(ii) Issuance

Not later than 1 year after the date of the submission of

the study under section 12185 of this title, the Secretary

shall issue in an accessible format new regulations to carry

out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title

that require, taking into account the purposes of the study

under section 12185 of this title and any recommendations

resulting from such study, each private entity which uses an

over-the-road bus to provide transportation to individuals to

provide accessibility to such bus to individuals with

disabilities, including individuals who use wheelchairs.

(iii) Effective period

Subject to section 12185(d) of this title, the regulations

issued pursuant to this subparagraph shall take effect -

(I) with respect to small providers of transportation (as

defined by the Secretary), 3 years after the date of

issuance of final regulations under clause (ii); and

(II) with respect to other providers of transportation, 2

years after the date of issuance of such final regulations.

(C) Limitation on requiring installation of accessible

restrooms

The regulations issued pursuant to this paragraph shall not

require the installation of accessible restrooms in

over-the-road buses if such installation would result in a loss

of seating capacity.

(3) Standards

The regulations issued pursuant to this subsection shall

include standards applicable to facilities and vehicles covered

by sections 12182(b)(2) and 12184 of this title.

(b) Other provisions

Not later than 1 year after July 26, 1990, the Attorney General

shall issue regulations in an accessible format to carry out the

provisions of this subchapter not referred to in subsection (a) of

this section that include standards applicable to facilities and

vehicles covered under section 12182 of this title.

(c) Consistency with ATBCB guidelines

Standards included in regulations issued under subsections (a)

and (b) of this section shall be consistent with the minimum

guidelines and requirements issued by the Architectural and

Transportation Barriers Compliance Board in accordance with section

12204 of this title.

(d) Interim accessibility standards

(1) Facilities

If final regulations have not been issued pursuant to this

section, for new construction or alterations for which a valid

and appropriate State or local building permit is obtained prior

to the issuance of final regulations under this section, and for

which the construction or alteration authorized by such permit

begins within one year of the receipt of such permit and is

completed under the terms of such permit, compliance with the

Uniform Federal Accessibility Standards in effect at the time the

building permit is issued shall suffice to satisfy the

requirement that facilities be readily accessible to and usable

by persons with disabilities as required under section 12183 of

this title, except that, if such final regulations have not been

issued one year after the Architectural and Transportation

Barriers Compliance Board has issued the supplemental minimum

guidelines required under section 12204(a) of this title,

compliance with such supplemental minimum guidelines shall be

necessary to satisfy the requirement that facilities be readily

accessible to and usable by persons with disabilities prior to

issuance of the final regulations.

(2) Vehicles and rail passenger cars

If final regulations have not been issued pursuant to this

section, a private entity shall be considered to have complied

with the requirements of this subchapter, if any, that a vehicle

or rail passenger car be readily accessible to and usable by

individuals with disabilities, if the design for such vehicle or

car complies with the laws and regulations (including the Minimum

Guidelines and Requirements for Accessible Design and such

supplemental minimum guidelines as are issued under section

12204(a) of this title) governing accessibility of such vehicles

or cars, to the extent that such laws and regulations are not

inconsistent with this subchapter and are in effect at the time

such design is substantially completed.

-SOURCE-

(Pub. L. 101-336, title III, Sec. 306, July 26, 1990, 104 Stat.

361; Pub. L. 104-59, title III, Sec. 341, Nov. 28, 1995, 109 Stat.

608.)

-MISC1-

AMENDMENTS

1995 - Subsec. (a)(2)(B)(iii). Pub. L. 104-59 substituted "3

years after the date of issuance of final regulations under clause

(ii)" for "7 years after July 26, 1990" in subcl. (I) and "2 years

after the date of issuance of such final regulations" for "6 years

after July 26, 1990" in subcl. (II).

EFFECTIVE DATE

Section effective July 26, 1990, see section 310(c) of Pub. L.

101-336, set out as a note under section 12181 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12182, 12184, 12185 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

42 USC Sec. 12187 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

Sec. 12187. Exemptions for private clubs and religious

organizations

-STATUTE-

The provisions of this subchapter shall not apply to private

clubs or establishments exempted from coverage under title II of

the Civil Rights Act of 1964 (42 U.S.C. 2000-a(e)) [42 U.S.C. 2000a

et seq.] or to religious organizations or entities controlled by

religious organizations, including places of worship.

-SOURCE-

(Pub. L. 101-336, title III, Sec. 307, July 26, 1990, 104 Stat.

363.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in text, is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title II of the Act

is classified generally to subchapter II (Sec. 2000a et seq.) of

chapter 21 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 2000a of

this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, see section

310(a) of Pub. L. 101-336, set out as a note under section 12181 of

this title.

-End-

-CITE-

42 USC Sec. 12188 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

Sec. 12188. Enforcement

-STATUTE-

(a) In general

(1) Availability of remedies and procedures

The remedies and procedures set forth in section 2000a-3(a) of

this title are the remedies and procedures this subchapter

provides to any person who is being subjected to discrimination

on the basis of disability in violation of this subchapter or who

has reasonable grounds for believing that such person is about to

be subjected to discrimination in violation of section 12183 of

this title. Nothing in this section shall require a person with a

disability to engage in a futile gesture if such person has

actual notice that a person or organization covered by this

subchapter does not intend to comply with its provisions.

(2) Injunctive relief

In the case of violations of sections 12182(b)(2)(A)(iv) and

section (!1) 12183(a) of this title, injunctive relief shall

include an order to alter facilities to make such facilities

readily accessible to and usable by individuals with disabilities

to the extent required by this subchapter. Where appropriate,

injunctive relief shall also include requiring the provision of

an auxiliary aid or service, modification of a policy, or

provision of alternative methods, to the extent required by this

subchapter.

(b) Enforcement by Attorney General

(1) Denial of rights

(A) Duty to investigate

(i) In general

The Attorney General shall investigate alleged violations

of this subchapter, and shall undertake periodic reviews of

compliance of covered entities under this subchapter.

(ii) Attorney General certification

On the application of a State or local government, the

Attorney General may, in consultation with the Architectural

and Transportation Barriers Compliance Board, and after prior

notice and a public hearing at which persons, including

individuals with disabilities, are provided an opportunity to

testify against such certification, certify that a State law

or local building code or similar ordinance that establishes

accessibility requirements meets or exceeds the minimum

requirements of this chapter for the accessibility and

usability of covered facilities under this subchapter. At any

enforcement proceeding under this section, such certification

by the Attorney General shall be rebuttable evidence that

such State law or local ordinance does meet or exceed the

minimum requirements of this chapter.

(B) Potential violation

If the Attorney General has reasonable cause to believe that

-

(i) any person or group of persons is engaged in a pattern

or practice of discrimination under this subchapter; or

(ii) any person or group of persons has been discriminated

against under this subchapter and such discrimination raises

an issue of general public importance,

the Attorney General may commence a civil action in any

appropriate United States district court.

(2) Authority of court

In a civil action under paragraph (1)(B), the court -

(A) may grant any equitable relief that such court considers

to be appropriate, including, to the extent required by this

subchapter -

(i) granting temporary, preliminary, or permanent relief;

(ii) providing an auxiliary aid or service, modification of

policy, practice, or procedure, or alternative method; and

(iii) making facilities readily accessible to and usable by

individuals with disabilities;

(B) may award such other relief as the court considers to be

appropriate, including monetary damages to persons aggrieved

when requested by the Attorney General; and

(C) may, to vindicate the public interest, assess a civil

penalty against the entity in an amount -

(i) not exceeding $50,000 for a first violation; and

(ii) not exceeding $100,000 for any subsequent violation.

(3) Single violation

For purposes of paragraph (2)(C), in determining whether a

first or subsequent violation has occurred, a determination in a

single action, by judgment or settlement, that the covered entity

has engaged in more than one discriminatory act shall be counted

as a single violation.

(4) Punitive damages

For purposes of subsection (b)(2)(B) of this section, the term

"monetary damages" and "such other relief" does not include

punitive damages.

(5) Judicial consideration

In a civil action under paragraph (1)(B), the court, when

considering what amount of civil penalty, if any, is appropriate,

shall give consideration to any good faith effort or attempt to

comply with this chapter by the entity. In evaluating good faith,

the court shall consider, among other factors it deems relevant,

whether the entity could have reasonably anticipated the need for

an appropriate type of auxiliary aid needed to accommodate the

unique needs of a particular individual with a disability.

-SOURCE-

(Pub. L. 101-336, title III, Sec. 308, July 26, 1990, 104 Stat.

363.)

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, see section

310(a) of Pub. L. 101-336, set out as a note under section 12181 of

this title.

CIVIL ACTIONS FOR VIOLATIONS BY PUBLIC ACCOMMODATIONS

For provisions directing that, except for any civil action

brought for a violation of section 12183 of this title, no civil

action shall be brought for any act or omission described in

section 12182 of this title which occurs (1) during the first six

months after the effective date of this subchapter, against

businesses that employ 25 or fewer employees and have gross

receipts of $1,000,000 or less, and (2) during the first year after

the effective date, against businesses that employ 10 or fewer

employees and have gross receipts of $500,000 or less, see section

310(b) of Pub. L. 101-336, set out as an Effective Date note under

section 12181 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12203 of this title; title

2 section 1331; title 3 section 421.

-FOOTNOTE-

(!1) So in original. The word "section" probably should not appear.

-End-

-CITE-

42 USC Sec. 12189 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

-HEAD-

Sec. 12189. Examinations and courses

-STATUTE-

Any person that offers examinations or courses related to

applications, licensing, certification, or credentialing for

secondary or postsecondary education, professional, or trade

purposes shall offer such examinations or courses in a place and

manner accessible to persons with disabilities or offer alternative

accessible arrangements for such individuals.

-SOURCE-

(Pub. L. 101-336, title III, Sec. 309, July 26, 1990, 104 Stat.

365.)

-MISC1-

EFFECTIVE DATE

Section effective 18 months after July 26, 1990, see section

310(a) of Pub. L. 101-336, set out as a note under section 12181 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1331; title 3

section 421.

-End-

-CITE-

42 USC SUBCHAPTER IV - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 12201 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12201. Construction

-STATUTE-

(a) In general

Except as otherwise provided in this chapter, nothing in this

chapter shall be construed to apply a lesser standard than the

standards applied under title V of the Rehabilitation Act of 1973

(29 U.S.C. 790 et seq.) or the regulations issued by Federal

agencies pursuant to such title.

(b) Relationship to other laws

Nothing in this chapter shall be construed to invalidate or limit

the remedies, rights, and procedures of any Federal law or law of

any State or political subdivision of any State or jurisdiction

that provides greater or equal protection for the rights of

individuals with disabilities than are afforded by this chapter.

Nothing in this chapter shall be construed to preclude the

prohibition of, or the imposition of restrictions on, smoking in

places of employment covered by subchapter I of this chapter, in

transportation covered by subchapter II or III of this chapter, or

in places of public accommodation covered by subchapter III of this

chapter.

(c) Insurance

Subchapters I through III of this chapter and title IV of this

Act shall not be construed to prohibit or restrict -

(1) an insurer, hospital or medical service company, health

maintenance organization, or any agent, or entity that

administers benefit plans, or similar organizations from

underwriting risks, classifying risks, or administering such

risks that are based on or not inconsistent with State law; or

(2) a person or organization covered by this chapter from

establishing, sponsoring, observing or administering the terms of

a bona fide benefit plan that are based on underwriting risks,

classifying risks, or administering such risks that are based on

or not inconsistent with State law; or

(3) a person or organization covered by this chapter from

establishing, sponsoring, observing or administering the terms of

a bona fide benefit plan that is not subject to State laws that

regulate insurance.

Paragraphs (1), (2), and (3) shall not be used as a subterfuge to

evade the purposes of subchapter (!1) I and III of this chapter.

(d) Accommodations and services

Nothing in this chapter shall be construed to require an

individual with a disability to accept an accommodation, aid,

service, opportunity, or benefit which such individual chooses not

to accept.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 501, July 26, 1990, 104 Stat. 369.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 12101 of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (a), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V

of the Rehabilitation Act of 1973 is classified generally to

subchapter V (Sec. 790 et seq.) of chapter 16 of Title 29, Labor.

For complete classification of this Act to the Code, see Short

Title note set out under section 701 of Title 29 and Tables.

Title IV of this Act, referred to in subsec. (c), means title IV

of Pub. L. 101-336, July 26, 1990, 104 Stat. 366, which enacted

section 225 of Title 47, Telegraphs, Telephones, and

Radiotelegraphs, and amended sections 152, 221, and 611 of Title

47.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 sections 791, 793, 794.

-FOOTNOTE-

(!1) So in original. Probably should be "subchapters".

-End-

-CITE-

42 USC Sec. 12202 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12202. State immunity

-STATUTE-

A State shall not be immune under the eleventh amendment to the

Constitution of the United States from an action in (!1) Federal or

State court of competent jurisdiction for a violation of this

chapter. In any action against a State for a violation of the

requirements of this chapter, remedies (including remedies both at

law and in equity) are available for such a violation to the same

extent as such remedies are available for such a violation in an

action against any public or private entity other than a State.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 502, July 26, 1990, 104 Stat. 370.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 sections 791, 793, 794.

-FOOTNOTE-

(!1) So in original. Probably should be "in a".

-End-

-CITE-

42 USC Sec. 12203 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12203. Prohibition against retaliation and coercion

-STATUTE-

(a) Retaliation

No person shall discriminate against any individual because such

individual has opposed any act or practice made unlawful by this

chapter or because such individual made a charge, testified,

assisted, or participated in any manner in an investigation,

proceeding, or hearing under this chapter.

(b) Interference, coercion, or intimidation

It shall be unlawful to coerce, intimidate, threaten, or

interfere with any individual in the exercise or enjoyment of, or

on account of his or her having exercised or enjoyed, or on account

of his or her having aided or encouraged any other individual in

the exercise or enjoyment of, any right granted or protected by

this chapter.

(c) Remedies and procedures

The remedies and procedures available under sections 12117,

12133, and 12188 of this title shall be available to aggrieved

persons for violations of subsections (a) and (b) of this section,

with respect to subchapter I, subchapter II and subchapter III of

this chapter, respectively.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 503, July 26, 1990, 104 Stat. 370.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 sections 791, 793, 794.

-End-

-CITE-

42 USC Sec. 12204 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12204. Regulations by Architectural and Transportation

Barriers Compliance Board

-STATUTE-

(a) Issuance of guidelines

Not later than 9 months after July 26, 1990, the Architectural

and Transportation Barriers Compliance Board shall issue minimum

guidelines that shall supplement the existing Minimum Guidelines

and Requirements for Accessible Design for purposes of subchapters

II and III of this chapter.

(b) Contents of guidelines

The supplemental guidelines issued under subsection (a) of this

section shall establish additional requirements, consistent with

this chapter, to ensure that buildings, facilities, rail passenger

cars, and vehicles are accessible, in terms of architecture and

design, transportation, and communication, to individuals with

disabilities.

(c) Qualified historic properties

(1) In general

The supplemental guidelines issued under subsection (a) of this

section shall include procedures and requirements for alterations

that will threaten or destroy the historic significance of

qualified historic buildings and facilities as defined in

4.1.7(1)(a) of the Uniform Federal Accessibility Standards.

(2) Sites eligible for listing in National Register

With respect to alterations of buildings or facilities that are

eligible for listing in the National Register of Historic Places

under the National Historic Preservation Act (16 U.S.C. 470 et

seq.), the guidelines described in paragraph (1) shall, at a

minimum, maintain the procedures and requirements established in

4.1.7(1) and (2) of the Uniform Federal Accessibility Standards.

(3) Other sites

With respect to alterations of buildings or facilities

designated as historic under State or local law, the guidelines

described in paragraph (1) shall establish procedures equivalent

to those established by 4.1.7(1)(b) and (c) of the Uniform

Federal Accessibility Standards, and shall require, at a minimum,

compliance with the requirements established in 4.1.7(2) of such

standards.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 504, July 26, 1990, 104 Stat. 370.)

-REFTEXT-

REFERENCES IN TEXT

The National Historic Preservation Act, referred to in subsec.

(c)(2), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,

which is classified generally to subchapter II (Sec. 470 et seq.)

of chapter 1A of Title 16, Conservation. For complete

classification of this Act to the Code, see section 470(a) of Title

16 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12134, 12149, 12150,

12163, 12165, 12186 of this title; title 29 sections 791, 793, 794.

-End-

-CITE-

42 USC Sec. 12205 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12205. Attorney's fees

-STATUTE-

In any action or administrative proceeding commenced pursuant to

this chapter, the court or agency, in its discretion, may allow the

prevailing party, other than the United States, a reasonable

attorney's fee, including litigation expenses, and costs, and the

United States shall be liable for the foregoing the same as a

private individual.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 505, July 26, 1990, 104 Stat. 371.)

-End-

-CITE-

42 USC Sec. 12206 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12206. Technical assistance

-STATUTE-

(a) Plan for assistance

(1) In general

Not later than 180 days after July 26, 1990, the Attorney

General, in consultation with the Chair of the Equal Employment

Opportunity Commission, the Secretary of Transportation, the

Chair of the Architectural and Transportation Barriers Compliance

Board, and the Chairman of the Federal Communications Commission,

shall develop a plan to assist entities covered under this

chapter, and other Federal agencies, in understanding the

responsibility of such entities and agencies under this chapter.

(2) Publication of plan

The Attorney General shall publish the plan referred to in

paragraph (1) for public comment in accordance with subchapter II

of chapter 5 of title 5 (commonly known as the Administrative

Procedure Act).

(b) Agency and public assistance

The Attorney General may obtain the assistance of other Federal

agencies in carrying out subsection (a) of this section, including

the National Council on Disability, the President's Committee on

Employment of People with Disabilities, the Small Business

Administration, and the Department of Commerce.

(c) Implementation

(1) Rendering assistance

Each Federal agency that has responsibility under paragraph (2)

for implementing this chapter may render technical assistance to

individuals and institutions that have rights or duties under the

respective subchapter or subchapters of this chapter for which

such agency has responsibility.

(2) Implementation of subchapters

(A) Subchapter I

The Equal Employment Opportunity Commission and the Attorney

General shall implement the plan for assistance developed under

subsection (a) of this section, for subchapter I of this

chapter.

(B) Subchapter II

(i) Part A

The Attorney General shall implement such plan for

assistance for part A of subchapter II of this chapter.

(ii) Part B

The Secretary of Transportation shall implement such plan

for assistance for part B of subchapter II of this chapter.

(C) Subchapter III

The Attorney General, in coordination with the Secretary of

Transportation and the Chair of the Architectural

Transportation Barriers Compliance Board, shall implement such

plan for assistance for subchapter III of this chapter, except

for section 12184 of this title, the plan for assistance for

which shall be implemented by the Secretary of Transportation.

(D) Title IV

The Chairman of the Federal Communications Commission, in

coordination with the Attorney General, shall implement such

plan for assistance for title IV.

(3) Technical assistance manuals

Each Federal agency that has responsibility under paragraph (2)

for implementing this chapter shall, as part of its

implementation responsibilities, ensure the availability and

provision of appropriate technical assistance manuals to

individuals or entities with rights or duties under this chapter

no later than six months after applicable final regulations are

published under subchapters I, II, and III of this chapter and

title IV.

(d) Grants and contracts

(1) In general

Each Federal agency that has responsibility under subsection

(c)(2) of this section for implementing this chapter may make

grants or award contracts to effectuate the purposes of this

section, subject to the availability of appropriations. Such

grants and contracts may be awarded to individuals, institutions

not organized for profit and no part of the net earnings of which

inures to the benefit of any private shareholder or individual

(including educational institutions), and associations

representing individuals who have rights or duties under this

chapter. Contracts may be awarded to entities organized for

profit, but such entities may not be the recipients or (!1)

grants described in this paragraph.

(2) Dissemination of information

Such grants and contracts, among other uses, may be designed to

ensure wide dissemination of information about the rights and

duties established by this chapter and to provide information and

technical assistance about techniques for effective compliance

with this chapter.

(e) Failure to receive assistance

An employer, public accommodation, or other entity covered under

this chapter shall not be excused from compliance with the

requirements of this chapter because of any failure to receive

technical assistance under this section, including any failure in

the development or dissemination of any technical assistance manual

authorized by this section.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 506, July 26, 1990, 104 Stat. 371.)

-REFTEXT-

REFERENCES IN TEXT

Title IV, referred to in subsec. (c)(2)(D), (3), means title IV

of Pub. L. 101-336, July 26, 1990, 104 Stat. 366, which enacted

section 225 of Title 47, Telegraphs, Telephones, and

Radiotelegraphs, and amended sections 152, 221, and 611 of Title

47.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 section 762.

-FOOTNOTE-

(!1) So in original. Probably should be "of".

-End-

-CITE-

42 USC Sec. 12207 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12207. Federal wilderness areas

-STATUTE-

(a) Study

The National Council on Disability shall conduct a study and

report on the effect that wilderness designations and wilderness

land management practices have on the ability of individuals with

disabilities to use and enjoy the National Wilderness Preservation

System as established under the Wilderness Act (16 U.S.C. 1131 et

seq.).

(b) Submission of report

Not later than 1 year after July 26, 1990, the National Council

on Disability shall submit the report required under subsection (a)

of this section to Congress.

(c) Specific wilderness access

(1) In general

Congress reaffirms that nothing in the Wilderness Act [16

U.S.C. 1131 et seq.] is to be construed as prohibiting the use of

a wheelchair in a wilderness area by an individual whose

disability requires use of a wheelchair, and consistent with the

Wilderness Act no agency is required to provide any form of

special treatment or accommodation, or to construct any

facilities or modify any conditions of lands within a wilderness

area in order to facilitate such use.

(2) "Wheelchair" defined

For purposes of paragraph (1), the term "wheelchair" means a

device designed solely for use by a mobility-impaired person for

locomotion, that is suitable for use in an indoor pedestrian

area.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 507, July 26, 1990, 104 Stat. 372.)

-REFTEXT-

REFERENCES IN TEXT

The Wilderness Act, referred to in subsecs. (a) and (c)(1), is

Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is

classified generally to chapter 23 (Sec. 1131 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1131 of Title 16 and

Tables.

-End-

-CITE-

42 USC Sec. 12208 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12208. Transvestites

-STATUTE-

For the purposes of this chapter, the term "disabled" or

"disability" shall not apply to an individual solely because that

individual is a transvestite.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 508, July 26, 1990, 104 Stat. 373.)

-End-

-CITE-

42 USC Sec. 12209 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12209. Instrumentalities of Congress

-STATUTE-

The General Accounting Office, the Government Printing Office,

and the Library of Congress shall be covered as follows:

(1) In general

The rights and protections under this chapter shall, subject to

paragraph (2), apply with respect to the conduct of each

instrumentality of the Congress.

(2) Establishment of remedies and procedures by instrumentalities

The chief official of each instrumentality of the Congress

shall establish remedies and procedures to be utilized with

respect to the rights and protections provided pursuant to

paragraph (1).

(3) Report to Congress

The chief official of each instrumentality of the Congress

shall, after establishing remedies and procedures for purposes of

paragraph (2), submit to the Congress a report describing the

remedies and procedures.

(4) Definition of instrumentalities

For purposes of this section, the term "instrumentality of the

Congress" means the following:,(!1) the General Accounting

Office, the Government Printing Office, and the Library of

Congress,.(!1)

(5) Enforcement of employment rights

The remedies and procedures set forth in section 2000e-16 of

this title shall be available to any employee of an

instrumentality of the Congress who alleges a violation of the

rights and protections under sections 12112 through 12114 of this

title that are made applicable by this section, except that the

authorities of the Equal Employment Opportunity Commission shall

be exercised by the chief official of the instrumentality of the

Congress.

(6) Enforcement of rights to public services and accommodations

The remedies and procedures set forth in section 2000e-16 of

this title shall be available to any qualified person with a

disability who is a visitor, guest, or patron of an

instrumentality of Congress and who alleges a violation of the

rights and protections under sections 12131 through 12150 of this

title or section 12182 or 12183 of this title that are made

applicable by this section, except that the authorities of the

Equal Employment Opportunity Commission shall be exercised by the

chief official of the instrumentality of the Congress.

(7) Construction

Nothing in this section shall alter the enforcement procedures

for individuals with disabilities provided in the General

Accounting Office Personnel Act of 1980 and regulations

promulgated pursuant to that Act.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 509, July 26, 1990, 104 Stat. 373;

Pub. L. 102-166, title III, Sec. 315, Nov. 21, 1991, 105 Stat.

1095; Pub. L. 104-1, title II, Secs. 201(c)(3), 210(g), Jan. 23,

1995, 109 Stat. 8, 16.)

-REFTEXT-

REFERENCES IN TEXT

The General Accounting Office Personnel Act of 1980, referred to

in par. (7), is Pub. L. 96-191, Feb. 15, 1980, 94 Stat. 27, which

was classified principally to section 52-1 et seq. of former Title

31, and which was substantially repealed by Pub. L. 97-258, Sec.

5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first

section thereof principally in subchapters III (Sec. 731 et seq.)

and IV (Sec. 751 et seq.) of chapter 7 of Title 31, Money and

Finance.

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-1, Sec. 201(c)(3)(F), amended section

catchline generally.

Pub. L. 104-1, Sec. 201(c)(3)(A), struck out subsecs. (a) and (b)

which related to coverage of Senate and House of Representatives

with respect to bans on employment discrimination and other

discriminatory practices against individuals with disabilities.

Pub. L. 104-1, Sec. 201(c)(3)(B), substituted "The General

Accounting Office, the Government Printing Office, and the Library

of Congress shall be covered as follows:" for subsec. (c) heading

and designated subsec. (c) as entire section.

Par. (2). Pub. L. 104-1, Sec. 201(c)(3)(C), struck out at end

"Such remedies and procedures shall apply exclusively, except for

the employees who are defined as Senate employees, in section

1201(c)(1) of title 2."

Par. (4). Pub. L. 104-1, Sec. 201(c)(3)(D), struck out "the

Architect of the Capitol, the Congressional Budget Office" after

"the following:", inserted "and" before "the Library of Congress",

and struck out "the Office of Technology Assessment, and the United

States Botanic Garden" before period at end.

Pub. L. 104-1, Sec. 201(c)(3)(D), which in part directed the

substitution of "the term 'instrumentality of the Congress' means"

for "the instrumentalities of the Congress include", was executed

by making the substitution for "instrumentalities of the Congress

include" to reflect the probable intent of Congress.

Par. (5). Pub. L. 104-1, Sec. 201(c)(3)(E), added par. (5).

Former par. (5) redesignated (7).

Par. (6). Pub. L. 104-1, Sec. 210(g), which directed amendment of

this section by adding par. (6), was executed by adding par. (6)

after par. (5) to reflect the probable intent of Congress.

Par. (7). Pub. L. 104-1, Sec. 201(c)(3)(E), redesignated par. (5)

as (7).

1991 - Subsec. (a)(2). Pub. L. 102-166, Sec. 315(1), redesignated

par. (6) as (2) and struck out former par. (2) which read as

follows: "Application to Senate employment. - The rights and

protections provided pursuant to this chapter, the Civil Rights Act

of 1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964 [42

U.S.C. 2000a et seq.], the Age Discrimination in Employment Act of

1967 [29 U.S.C. 621 et seq.], and the Rehabilitation Act of 1973

[29 U.S.C. 701 et seq.] shall apply with respect to employment by

the United States Senate."

Subsec. (a)(3). Pub. L. 102-166, Sec. 315(1), redesignated par.

(7) as (3), substituted "(2)(A)" for "(2) and (6)(A)" and "(2)" for

"(3), (4), (5), (6)(B), and (6)(C)", and struck out former par. (3)

which read as follows: "Investigation and adjudication of claims. -

All claims raised by any individual with respect to Senate

employment, pursuant to the Acts referred to in paragraph (2),

shall be investigated and adjudicated by the Select Committee on

Ethics, pursuant to S. Res. 338, 88th Congress, as amended, or such

other entity as the Senate may designate."

Subsec. (a)(4), (5). Pub. L. 102-166, Sec. 315(1), struck out

pars. (4) and (5) which read as follows:

"(4) Rights of employees. - The Committee on Rules and

Administration shall ensure that Senate employees are informed of

their rights under the Acts referred to in paragraph (2).

"(5) Applicable Remedies. - When assigning remedies to

individuals found to have a valid claim under the Acts referred to

in paragraph (2), the Select Committee on Ethics, or such other

entity as the Senate may designate, should to the extent

practicable apply the same remedies applicable to all other

employees covered by the Acts referred to in paragraph (2). Such

remedies shall apply exclusively."

Subsec. (a)(6), (7). Pub. L. 102-166, Sec. 315(1), redesignated

pars. (6) and (7) as (2) and (3), respectively.

Subsec. (c)(2). Pub. L. 102-166, Sec. 315(2), inserted ", except

for the employees who are defined as Senate employees, in section

1201(c)(1) of title 2" after "shall apply exclusively".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by section 201(c)(3) of Pub. L. 104-1 effective 1 year

after Jan. 23, 1995, see section 1311(d) of Title 2, The Congress.

Amendment by section 210(g) of Pub. L. 104-1 effective 1 year

after transmission to Congress of study under section 1371 of Title

2, see section 1331(h)(2) of Title 2.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as

otherwise provided, see section 402 of Pub. L. 102-166, set out as

a note under section 1981 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1435.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 12210 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12210. Illegal use of drugs

-STATUTE-

(a) In general

For purposes of this chapter, the term "individual with a

disability" does not include an individual who is currently

engaging in the illegal use of drugs, when the covered entity acts

on the basis of such use.

(b) Rules of construction

Nothing in subsection (a) of this section shall be construed to

exclude as an individual with a disability an individual who -

(1) 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;

(2) is participating in a supervised rehabilitation program and

is no longer engaging in such use; or

(3) 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 chapter 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 paragraph (1) or (2) is no

longer engaging in the illegal use of drugs; however, nothing in

this section shall be construed to encourage, prohibit, restrict,

or authorize the conducting of testing for the illegal use of

drugs.

(c) Health and other services

Notwithstanding subsection (a) of this section and section

12211(b)(3) of this title, an individual shall not be denied health

services, or services provided in connection with drug

rehabilitation, on the basis of the current illegal use of drugs if

the individual is otherwise entitled to such services.

(d) "Illegal use of drugs" defined

(1) In general

The term "illegal use of drugs" means the use of drugs, the

possession or distribution of which is unlawful under the

Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term does

not include the use of a drug taken under supervision by a

licensed health care professional, or other uses authorized by

the Controlled Substances Act or other provisions of Federal law.

(2) Drugs

The term "drug" means a controlled substance, as defined in

schedules I through V of section 202 of the Controlled Substances

Act [21 U.S.C. 812].

-SOURCE-

(Pub. L. 101-336, title V, Sec. 510, July 26, 1990, 104 Stat. 375.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in subsec. (d)(1), is

title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 21 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 sections 791, 793, 794.

-End-

-CITE-

42 USC Sec. 12211 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12211. Definitions

-STATUTE-

(a) Homosexuality and bisexuality

For purposes of the definition of "disability" in section

12102(2) of this title, homosexuality and bisexuality are not

impairments and as such are not disabilities under this chapter.

(b) Certain conditions

Under this chapter, the term "disability" shall not include -

(1) transvestism, transsexualism, pedophilia, exhibitionism,

voyeurism, gender identity disorders not resulting from physical

impairments, or other sexual behavior disorders;

(2) compulsive gambling, kleptomania, or pyromania; or

(3) psychoactive substance use disorders resulting from current

illegal use of drugs.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 511, July 26, 1990, 104 Stat. 376.)

-End-

-CITE-

42 USC Sec. 12212 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12212. Alternative means of dispute resolution

-STATUTE-

Where appropriate and to the extent authorized by law, the use of

alternative means of dispute resolution, including settlement

negotiations, conciliation, facilitation, mediation, factfinding,

minitrials, and arbitration, is encouraged to resolve disputes

arising under this chapter.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 513, July 26, 1990, 104 Stat. 377.)

-End-

-CITE-

42 USC Sec. 12213 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 12213. Severability

-STATUTE-

Should any provision in this chapter be found to be

unconstitutional by a court of law, such provision shall be severed

from the remainder of the chapter, and such action shall not affect

the enforceability of the remaining provisions of the chapter.

-SOURCE-

(Pub. L. 101-336, title V, Sec. 514, July 26, 1990, 104 Stat. 378.)

-End-