Americans with Disabilities Act of 1990As Amended

Editor’s Note:

Here is the text of the Americans with Disabilities Act of 1990 (ADA)including changes made by the ADA Amendments Act of 2008. Congress passed the ADA as a “Public Law,” and it originally was in a different format than presented here. To make the law more widely availablethe ADA was later reformatted and published in volume 42 (called “title 42”) of the United States Code. One small part of the ADA is found in title 47 of the United States Code. The text below mirrors the law as it is found in the U.S. Code. Because the numbering system is different in the U.S. Codethe headings provide in brackets the title numbers of the ADA as originally enacted.

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Title 42 - The Public Health and Welfare

Chapter 126 - Equal Opportunity for Individuals with Disabilities

Sec. 12101. Findings and purpose

(a) Findings

The Congress finds that—

(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of societyyet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;

(2) historicallysociety has tended to isolate and segregate individuals with disabilitiesanddespite some improvementssuch 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 employmenthousingpublic accommodationseducationtransportationcommunicationrecreationinstitutionalizationhealth servicesvotingand access to public services;

(4) unlike individuals who have experienced discrimination on the basis of racecolorsexnational originreligionor ageindividuals 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 discriminationincluding outright intentional exclusionthe discriminatory effects of architecturaltransportationand communication barriersoverprotective rules and policiesfailure to make modifications to existing facilities and practicesexclusionary qualification standards and criteriasegregationand relegation to lesser servicesprogramsactivitiesbenefitsjobsor other opportunities;

(6) census datanational pollsand other studies have documented that people with disabilitiesas a groupoccupy an inferior status in our societyand are severely disadvantaged sociallyvocationallyeconomicallyand educationally;

(7) the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunityfull participationindependent livingand economic self-sufficiency for such individuals; and

(8) 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 famousand 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 clearstrongconsistentenforceable 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 authorityincluding the power to enforce the fourteenth amendment and to regulate commercein order to address the major areas of discrimination faced day-to-day by people with disabilities.

Sec. 12101 note: Findings and Purposes of ADA Amendments Act of 2008Pub. L. 110-325§2Sept. 252008122 Stat. 3553provided that:

(a) Findings

Congress finds that—

(1) in enacting the Americans with Disabilities Act of 1990 (ADA)Congress intended that the Act “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” and provide broad coverage;

(2) in enacting the ADACongress recognized that physical and mental disabilities in no way diminish a person’s right to fully participate in all aspects of societybut that people with physical or mental disabilities are frequently precluded from doing so because of prejudiceantiquated attitudesor the failure to remove societal and institutional barriers;

(3) while Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973that expectation has not been fulfilled;

(4) the holdings of the Supreme Court in Sutton v. United Air LinesInc.527 U.S. 471 (1999) and its companion cases have narrowed the broad scope of protection intended to be afforded by the ADAthus eliminating protection for many individuals whom Congress intended to protect;

(5) the holding of the Supreme Court in Toyota Motor ManufacturingKentuckyInc. v. Williams534 U.S. 184 (2002) further narrowed the broad scope of protection intended to be afforded by the ADA;

(6) as a result of these Supreme Court caseslower courts have incorrectly found in individual cases that people with a range of substantially limiting impairments are not people with disabilities;

(7) in particularthe Supreme Courtin the case of Toyota Motor ManufacturingKentuckyInc. v. Williams534 U.S. 184 (2002)interpreted the term “substantially limits” to require a greater degree of limitation than was intended by Congress; and

(8) Congress finds that the current Equal Employment Opportunity Commission ADA regulations defining the term “substantially limits” as “significantly restricted” are inconsistent with congressional intentby expressing too high a standard.

(b) Purposes

The purposes of this Act are—

(1) to carry out the ADA’s objectives of providing “a clear and comprehensive national mandate for the elimination of discrimination” and “clearstrongconsistentenforceable standards addressing discrimination” by reinstating a broad scope of protection to be available under the ADA;

(2) to reject the requirement enunciated by the Supreme Court in Sutton v. United Air LinesInc.527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures;

(3) to reject the Supreme Court’s reasoning in Sutton v. United Air LinesInc.527 U.S. 471 (1999) with regard to coverage under the third prong of the definition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973;

(4) to reject the standards enunciated by the Supreme Court in Toyota Motor ManufacturingKentuckyInc. v. Williams534 U.S. 184 (2002)that the terms “substantially” and “major” in the definition of disability under the ADA “need to be interpreted strictly to create a demanding standard for qualifying as disabled,” and that to be substantially limited in performing a major life activity under the ADA “an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives”;

(5) to convey congressional intent that the standard created by the Supreme Court in the case of Toyota Motor ManufacturingKentuckyInc. v. Williams534 U.S. 184 (2002) for “substantially limits”and applied by lower courts in numerous decisionshas created an inappropriately high level of limitation necessary to obtain coverage under the ADAto convey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligationsand to convey that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis; and

(6) to express Congress’ expectation that the Equal Employment Opportunity Commission will revise that portion of its current regulations that defines the term “substantially limits” as “significantly restricted” to be consistent with this Actincluding the amendments made by this Act.

Sec. 12102. Definition of disability

As used in this chapter:

(1) Disability

The term “disability” meanswith respect to an individual—

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

(B) a record of such an impairment; or

(2) Major Life Activities

(A) In general

For purposes of paragraph (1)major life activities includebut are not limited tocaring for oneselfperforming manual tasksseeinghearingeatingsleepingwalkingstandingliftingbendingspeakingbreathinglearningreadingconcentratingthinkingcommunicatingand working.

(B) Major bodily functions

For purposes of paragraph (1)a major life activity also includes the operation of a major bodily functionincluding but not limited tofunctions of the immune systemnormal cell growthdigestivebowelbladderneurologicalbrainrespiratorycirculatoryendocrineand reproductive functions.

(3) Regarded as having such an impairment

For purposes of paragraph (1)(C):

(A) An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

(4) Rules of construction regarding the definition of disability

The definition of “disability” in paragraph (1) shall be construed in accordance with the following:

(A) The definition of disability in this chapter shall be construed in favor of broad coverage of individuals under this chapterto the maximum extent permitted by the terms of this chapter.

(B) The term “substantially limits” shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.

(C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

(E)

(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—

(I) medicationmedical suppliesequipmentor applianceslow-vision devices (which do not include ordinary eyeglasses or contact lenses)prosthetics including limbs and deviceshearing aids and cochlear implants or other implantable hearing devicesmobility devicesor oxygen therapy equipment and supplies;

(II) use of assistive technology;

(III) reasonable accommodations or auxiliary aids or services; or

(IV) learned behavioral or adaptive neurological modifications.

(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.

(iii) As used in this subparagraph—

(I) the term “ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and

(II) the term “low-vision devices” means devices that magnifyenhanceor otherwise augment a visual image.

Sec. 12103. Additional definitions

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 readerstaped textsor other effective methods of making visually delivered materials available to individuals with visual impairments;

(D) other similar services and actions.

(2) State

The term “State” means each of the several Statesthe District of Columbiathe Commonwealth of Puerto RicoGuamAmerican Samoathe Virgin Islands of the United Statesthe Trust Territory of the Pacific Islandsand the Commonwealth of the Northern Mariana Islands.

Subchapter I - Employment [Title I]

Sec. 12111. Definitions

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 employeremployment agencylabor organizationor 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 countrysuch 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 yearand any agent of such personexcept thatfor two years following the effective date of this subchapteran 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 yearand any agent of such person.

(B) Exceptions

The term “employer” does not include—

(i) the United Statesa corporation wholly owned by the government of the United Statesor 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 drugsthe 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 professionalor other uses authorized by the Controlled Substances Act or other provisions of Federal law.

(B) Drugs

The term “drug” means a controlled substanceas defined in schedules I through V of section 202 of the Controlled Substances Act [21 U.S.C. 812].

(7) Personetc.

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

The term “qualified individual “ means an individual whowith or without reasonable accommodationcan perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapterconsideration shall be given to the employer’s judgment as to what functions of a job are essentialand if an employer has prepared a written description before advertising or interviewing applicants for the jobthis 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 restructuringpart-time or modified work schedulesreassignment to a vacant positionacquisition or modification of equipment or devicesappropriate adjustment or modifications of examinationstraining materials or policiesthe provision of qualified readers or interpretersand other similar accommodations for individuals with disabilities.

(10) Undue hardship

(A) In general

The term “undue hardship” means an action requiring significant difficulty or expensewhen 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 entityfactors 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 resourcesor 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 numbertypeand location of its facilities; and

(iv) the type of operation or operations of the covered entityincluding the compositionstructureand functions of the workforce of such entity; the geographic separatenessadministrativeor fiscal relationship of the facility or facilities in question to the covered entity.

Sec. 12112. Discrimination

(a) General rule

No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application proceduresthe hiringadvancementor discharge of employeesemployee compensationjob trainingand other termsconditionsand privileges of employment.

(b) Construction

As used in subsection (a) of this sectionthe term “discriminate against a qualified individual on the basis of disability” includes—

(1) limitingsegregatingor 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 agencylabor unionan organization providing fringe benefits to an employee of the covered entityor an organization providing training and apprenticeship programs);

(3) utilizing standardscriteriaor 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 employeeunless 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 disabilityif 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 standardsemployment 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 standardtest or other selection criteriaas used by the covered entityis 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 thatwhen such test is administered to a job applicant or employee who has a disability that impairs sensorymanualor speaking skillssuch test results accurately reflect the skillsaptitudeor whatever other factor of such applicant or employee that such test purports to measurerather than reflecting the impaired sensorymanualor speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).

(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 countryany 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.

For purposes of this paragraphthe 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 controlof 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 applicantand may condition an offer of employment on the results of such examinationif—

(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 recordexcept 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 informedwhen appropriateif the disability might require emergency treatment; and

(iii) government officials investigating compliance with this chapter shall be provided relevant information on request; and

(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 disabilityunless 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 examinationsincluding voluntary medical historieswhich 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.

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).

Sec. 12113. Defenses

(a) In general

It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standardstestsor 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 necessityand such performance cannot be accomplished by reasonable accommodationas 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.

Notwithstanding section 12102(4)(E)(ii)a covered entity shall not use qualification standardsemployment testsor other selection criteria based on an individual’s uncorrected vision unless the standardtestor other selection criteriaas used by the covered entityis shown to be job-related for the position in question and consistent with business necessity.

(d) Religious entities

(1) In general

This subchapter shall not prohibit a religious corporationassociationeducational institutionor society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporationassociationeducational institutionor society of its activities.

(2) Religious tenets requirement

Under this subchaptera religious organization may require that all applicants and employees conform to the religious tenets of such organization.

(e) List of infectious and communicable diseases

(1) In general

The Secretary of Health and Human Servicesnot later than 6 months after July 261990shall—

(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;

(D) widely disseminate such information regarding the list of diseases and their modes of transmissibility 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 foodthat is included on the list developed by the Secretary of Health and Human Services under paragraph (1)and which cannot be eliminated by reasonable accommodationa 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 preemptmodifyor amend any Statecountyor local lawordinanceor 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 otherswhich cannot be eliminated by reasonable accommodationpursuant to the list of infectious or communicable diseases and the modes of transmissibility published by the Secretary of Health and Human Services.

Sec. 12114. Illegal use of drugs and alcohol

(a) Qualified individual with a disability

For purposes of this subchaptera qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugswhen 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 drugsor 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 usebut is not engaging in such use;

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 employeeseven if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and

(5) maywith respect to Federal regulations regarding alcohol and the illegal use of drugsrequire that—

(A) employees comply with the standards established in such regulations of the Department of Defenseif the employees of the covered entity are employed in an industry subject to such regulationsincluding complying with regulations (if any) that apply to employment in sensitive positions in such an industryin 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 Commissionif the employees of the covered entity are employed in an industry subject to such regulationsincluding complying with regulations (if any) that apply to employment in sensitive positions in such an industryin 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 Transportationif the employees of the covered entity are employed in a transportation industry subject to such regulationsincluding complying with such regulations (if any) that apply to employment in sensitive positions in such an industryin 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 subchaptera 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 encourageprohibitor 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 encourageprohibitrestrictor 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 inand applicants forpositions 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).

Sec. 12115. Posting notices

Every employeremployment agencylabor organizationor joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicantsemployeesand members describing the applicable provisions of this chapterin the manner prescribed by section 2000e-10 of this title.

Sec. 12116. Regulations

Not later than 1 year after July 261990the Commission shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of chapter 5 of title 5.

Sec. 12117. Enforcement

(a) Powersremediesand procedures

The powersremediesand procedures set forth in sections 2000e-42000e-52000e-62000e-8and 2000e-9 of this title shall be the powersremediesand procedures this subchapter provides to the Commissionto the Attorney Generalor to any person alleging discrimination on the basis of disability in violation of any provision of this chapteror regulations promulgated under section 12116 of this titleconcerning 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 Commissionthe Attorney Generaland 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 29Code of Federal Regulationsand the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 161981 (46 Fed. Reg. 7435January 231981)) in regulations implementing this subchapter and Rehabilitation Act of 1973 not later than 18 months after July 261990.

Subchapter II - Public Services [Title II]

Part A - Prohibition Against Discrimination and Other Generally Applicable Provisions

Sec. 12131. Definitions

As used in this subchapter:

(1) Public entity

The term “public entity” means

(A) any State or local government;

(B) any departmentagencyspecial purpose districtor other instrumentality of a State or States or local government; and

(2) Qualified individual with a disability

The term “qualified individual with a disability” means an individual with a disability whowith or without reasonable modifications to rulespoliciesor practicesthe removal of architecturalcommunicationor transportation barriersor the provision of auxiliary aids and servicesmeets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

Sec. 12132. Discrimination

Subject to the provisions of this subchapterno qualified individual with a disability shallby reason of such disabilitybe excluded from participation in or be denied the benefits of servicesprogramsor activities of a public entityor be subjected to discrimination by any such entity.

Sec. 12133. Enforcement

The remediesproceduresand rights set forth in section 794a of title 29 shall be the remediesproceduresand rights this subchapter provides to any person alleging discrimination on the basis of disability in violation of section 12132 of this title.

Sec. 12134. Regulations

(a) In general

Not later than 1 year after July 261990the 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 1214312149or 12164 of this title.

(b) Relationship to other regulations

Except for “program accessibilityexisting 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 28Code of Federal Regulations (as promulgated by the Department of HealthEducationand Welfare on January 131978)applicable to recipients of Federal financial assistance under section 794 of title 29. With respect to “program accessibilityexisting facilities”and “communications”such regulations shall be consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulationsapplicable to federally conducted activities under section 794 of title 29.

Regulations under subsection (a) of this section shall include standards applicable to facilities and vehicles covered by this partother than facilitiesstationsrail passenger carsand 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.

Part B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory

Subpart I - Public Transportation Other than by Aircraft or Certain Rail Operations

Sec. 12141. Definitions

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 busrailor 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 systemincludes 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 school bus vehicles of schoolchildrenpersonneland equipment to and from a public elementary or secondary school and school-related activities.

(6) Secretary

The term “Secretary” means the Secretary of Transportation.

Sec. 12142. Public entities operating fixed route systems

(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 busa new rapid rail vehiclea new light rail vehicleor any other new vehicle to be used on such systemif the solicitation for such purchase or lease is made after the 30th day following July 261990and if such busrail vehicleor other vehicle is not readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairs.

(b) Purchase and lease of used vehicles

Subject to subsection (c)(1) of this sectionit 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 leaseafter the 30th day following July 261990a 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 disabilitiesincluding individuals who use wheelchairs.

(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 morewhich remanufacture begins (or for which the solicitation is made) after the 30th day following July 261990; 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 morewhich purchase or lease occurs after such 30th day and during the period in which the usable life is extended; unlessafter remanufacturethe vehicle isto the maximum extent feasiblereadily accessible to and usable by individuals with disabilitiesincluding 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 vehiclethe 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(a) of this titlea vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection.

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

(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 systemin accordance with this sectionparatransit and other special transportation services to individuals with disabilitiesincluding 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 timewhich is comparableto the extent practicableto 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 261990the Secretary shall issue final regulations to carry out this section.

(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 unableas 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 boardrideor 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 boardrideand 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 individualsin addition to the one individual described in subparagraph (B)accompanying the individual with a disability provided that space for these additional individuals are 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 systemother 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 thatif 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 entitythe public entitynotwithstanding 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 providenotwithstanding 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 hearingprovide an opportunity for public commentand 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 261990submit to the Secretaryand commence implementation ofa plan for providing paratransit and other special transportation services which meets the requirements of this section; and

(B) on an annual basis thereaftersubmit to the Secretaryand commence implementation ofa 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 sectionincluding 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 sectionthe 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 subsectionthe public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretaryand commence implementation ofsuch modified plan.

(e) “Discrimination” defined

As used in subsection (a) of this sectionthe term “discrimination” includes

(1) a failure of a public entity to which the regulations issued under this section apply to submitor commence implementation ofa plan in accordance with subsections (c)(6) and (c)(7);

(2) a failure of such entity to submitor commence implementation ofa modified plan in accordance with subsection (d)(3);

(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 sectionor

(3) from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section.

Sec. 12144. Public entity operating a demand responsive system

If a public entity operates a demand responsive systemit shall be considered discriminationfor purposes of section 12132 of this title and section 794 of title 29for such entity to purchase or lease a new vehicle for use on such systemfor which a solicitation is made after the 30th day following July 261990that is not readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsunless such systemwhen viewed in its entiretyprovides a level of service to such individuals equivalent to the level of service such system provides to individuals without disabilities.

Sec. 12145. Temporary relief where lifts are unavailable

(a) Granting

With respect to the purchase of new busesa public entity may apply forand 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 hydraulicelectromechanicalor 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 dateand the appropriate committees of Congress shall be notified of any such relief granted.

Ifat any timethe Secretary has reasonable cause to believe that any relief granted under subsection (a) of this section was fraudulently applied forthe Secretary shall—

(1) cancel such relief if such relief is still in effect; and

(2) take such other action as the Secretary considers appropriate.

Sec. 12146. New facilities

For purposes of section 12132 of this title and section 794 of title 29it 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 disabilitiesincluding individuals who use wheelchairs.

Sec. 12147. Alterations of existing facilities

(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 thereofit shall be considered discriminationfor purposes of section 12132 of this title and section 794 of title 29for a public entity to fail to make such alterations (or to ensure that the alterations are made) in such a manner thatto the maximum extent feasiblethe altered portions of the facility are readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsupon 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 functionthe entity shall also make the alterations in such a manner thatto the maximum extent feasiblethe path of travel to the altered area and the bathroomstelephonesand drinking fountains serving the altered areaare readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsupon completion of such alterationswhere such alterations to the path of travel or the bathroomstelephonesand 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 29it shall be considered discrimination for a public entity that provides designated public transportation to failin accordance with the provisions of this subsectionto 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 disabilitiesincluding individuals who use wheelchairs.

(2) Rapid rail and light rail key stations

(A) Accessibility

Except as otherwise provided in this paragraphall 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 disabilitiesincluding individuals who use wheelchairsas soon as practicable but in no event later than the last day of the 3-year period beginning on July 261990.

(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 toor replacement ofexisting facilities; except that by the last day of the 20th year following July 261990at 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 planand

(B) that establishes milestones for achievement of the requirements of this subsection.

Sec. 12148. Public transportation programs and activities in existing facilities and one car per train rule

(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 servicesit shall be considered discriminationfor purposes of section 12132 of this title and section 794 of title 29for a public entity to fail to operate a designated public transportation program or activity conducted in such facilities so thatwhen viewed in the entiretythe 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 wheelchairsunless 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) appliesto 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 systemfor purposes of section 12132 of this title and section 794 of title 29it shall be considered discrimination for a public entity to fail to have at least 1 vehicle per train that is accessible to individuals with disabilitiesincluding individuals who use wheelchairsas 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 Placesif making such vehicle readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehiclethe 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.

Sec. 12149. Regulations

(a) In general

Not later than 1 year after July 261990the Secretary of Transportation shall issue regulationsin an accessible formatnecessary 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.

Sec. 12150. Interim accessibility requirements

If final regulations have not been issued pursuant to section 12149 of this titlefor 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 sectionand 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 permitcompliance 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 titleexcept thatif 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 titlecompliance 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.

Subpart II - Public Transportation by Intercity and Commuter Rail

Sec. 12161. Definitions

As used in this subpart:

(1) Commuter authority

The term “commuter authority” has the meaning given such term in section 24102(4) 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) 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” meanswith respect to intercity rail transportationsingle-level and bi-level coach carssingle-level and bi-level dining carssingle- level and bi-level sleeping carssingle-level and bi-level lounge carsand 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 entitysuch public entity;

(B) in the case of a station more than 50 percent of which is owned by a private partythe persons providing intercity or commuter rail transportation to such stationas 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 stationthe persons providing intercity or commuter rail transportation to such station and the owners of the stationother than private party ownersas 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 operatedwhere such portion is used by the general public and is related to the provision of such transportationincluding passenger platformsdesignated waiting areasticketing areasrestroomsandwhere a public entity providing rail transportation owns the propertyconcession areasto the extent that such public entity exercises control over the selectiondesignconstructionor alteration of the propertybut such term does not include flag stops.

Sec. 12162. Intercity and commuter rail actions considered discriminatory

(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 disabilitiesincluding individuals who use wheelchairsin accordance with regulations issued under section 12164 of this titleas soon as practicablebut in no event later than 5 years after July 261990.

(2) New intercity cars

(A) General rule

Except as otherwise provided in this subsection with respect to individuals who use wheelchairsit 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 transportationand for which a solicitation is made later than 30 days after July 261990unless all such rail cars are readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsas 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 transferand a space to fold and store such passenger’s wheelchair; and

(iv) have a restroom usable by an individual who uses a wheelchaironly to the extent provided in paragraph (3).

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 transferor 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

(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 trainas soon as practicablebut in no event later than 5 years after July 261990; and

(B) Location

Spaces required by subparagraph (A) shall be located in single-level rail passenger coaches or food service cars.

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 261990table 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 occupiesmove down the platformand 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 servicesincluding a hard surface on which to eatshall be provided to ensure that other equivalent food service is available to individuals with disabilitiesincluding individuals who use wheelchairsand to passengers traveling with such individuals.

Unless not practicablea 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 261990table service in such lounge car shall be provided to individuals who use wheelchairs and to other passengers; and

(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 disabilitiesincluding individuals who use wheelchairsin accordance with regulations issued under section 12164 of this titleas soon as practicablebut in no event later than 5 years after July 261990.

(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 transportationand for which a solicitation is made later than 30 days after July 261990unless all such rail cars are readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsas 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 29a requirement that a rail passenger car used in commuter rail transportation be accessible to or readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsshall 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.

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 transportationunless 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 disabilitiesincluding individuals who use wheelchairsas 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 moreunless the rail carto the maximum extent feasibleis made readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsas 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 disabilitiesincluding individuals who use wheelchairsas 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 systemand existing key stations in commuter rail transportation systemsreadily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsas 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 disabilitiesincluding individuals who use wheelchairsas soon as practicablebut in no event later than 20 years after July 261990.

(II) Commuter rail

Key stations in commuter rail transportation systems shall be made readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsas soon as practicable but in no event later than 3 years after July 261990except that the time limit may be extended by the Secretary of Transportation up to 20 years after July 261990in 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 systemin consultation with individuals with disabilities and organizations representing such individualstaking 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 clausea 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 discriminationfor purposes of section 12132 of this title and section 794 of title 29with 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 thereoffor the responsible personowneror person in control of the station to fail to make the alterations in such a manner thatto the maximum extent feasiblethe altered portions of the station are readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsupon completion of such alterations.

(ii) Alterations to a primary function area

It shall be considered discriminationfor purposes of section 12132 of this title and section 794 of title 29with respect to alterations that affect or could affect the usability of or access to an area of the station containing a primary functionfor the responsible personowneror person in control of the station to fail to make the alterations in such a manner thatto the maximum extent feasiblethe path of travel to the altered areaand the bathroomstelephonesand drinking fountains serving the altered areaare readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairsupon completion of such alterationswhere such alterations to the path of travel or the bathroomstelephonesand 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).

It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for an owneror person in controlof 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 owneror person in controlof 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.

Sec. 12163. Conformance of accessibility standards

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 of this title.

Sec. 12164. Regulations

Not later than 1 year after July 261990the Secretary of Transportation shall issue regulationsin an accessible formatnecessary for carrying out this subpart.

Sec. 12165. Interim accessibility requirements

(a) Stations

If final regulations have not been issued pursuant to section 12164 of this titlefor 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 sectionand 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 permitcompliance 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 titleexcept thatif 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 titlecompliance 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 titlea 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 disabilitiesif 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 carsto 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.

Subchapter III - Public Accommodations and Services by Private Entities [Title III]

Sec. 12181. Definitions

As used in this subchapter:

(1) Commerce

The term “commerce” means traveltradetrafficcommercetransportationor communication—

(A) among the several States;

(B) between any foreign country or any territory or possession and any State; or

(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 locomotivesrailroad freight carsrailroad caboosesrailroad cars described in section 12162 of this title or covered under this subchapterrailroad rights-of-wayor facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 (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 vehicleother 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 subchapterif the operations of such entities affect commerce

(A) an innhotelmotelor other place of lodgingexcept 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 restaurantbaror other establishment serving food or drink;

(D) an auditoriumconvention centerlecture hallor other place of public gathering;

(E) a bakerygrocery storeclothing storehardware storeshopping centeror other sales or rental establishment;

(F) a laundromatdry-cleanerbankbarber shopbeauty shoptravel serviceshoe repair servicefuneral parlorgas stationoffice of an accountant or lawyerpharmacyinsurance officeprofessional office of a health care providerhospitalor other service establishment;

(G) a terminaldepotor other station used for specified public transportation;

(H) a museumlibrarygalleryor other place of public display or collection;

(I) a parkzooamusement parkor other place of recreation;

(J) a nurseryelementarysecondaryundergraduateor postgraduate private schoolor other place of education;

(K) a day care centersenior citizen centerhomeless shelterfood bankadoption agencyor other social service center establishment; and

(L) a gymnasiumhealth spabowling alleygolf courseor 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 achievablefactors 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 resourcesor 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 numbertypeand location of its facilities; and

(D) the type of operation or operations of the covered entityincluding the compositionstructureand functions of the workforce of such entity; the geographic separatenessadministrative 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 busrailor 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 carrailroad locomotiverailroad freight carrailroad cabooseor a railroad car described in section 12162 of this title or covered under this subchapter.

Sec. 12182. Prohibition of discrimination by public accommodations

(a) General rule

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goodsservicesfacilitiesprivilegesadvantagesor accommodations of any place of public accommodation by any person who ownsleases (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 classdirectlyor through contractuallicensingor other arrangementsto a denial of the opportunity of the individual or class to participate in or benefit from the goodsservicesfacilitiesprivilegesadvantagesor accommodations of an entity.

(ii) Participation in unequal benefit

It shall be discriminatory to afford an individual or class of individualson the basis of a disability or disabilities of such individual or classdirectlyor through contractuallicensingor other arrangements with the opportunity to participate in or benefit from a goodservicefacilityprivilegeadvantageor 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 individualson the basis of a disability or disabilities of such individual or classdirectlyor through contractuallicensingor other arrangements with a goodservicefacilityprivilegeadvantageor accommodation that is different or separate from that provided to other individualsunless such action is necessary to provide the individual or class of individuals with a goodservicefacilityprivilegeadvantageor accommodationor 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 subparagraphthe term “individual or class of individuals” refers to the clients or customers of the covered public accommodation that enters into the contractuallicensing or other arrangement.

(B) Integrated settings

Goodsservicesfacilitiesprivilegesadvantagesand accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.

Notwithstanding the existence of separate or different programs or activities provided in accordance with this sectionan 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 notdirectly or through contractual or other arrangementsutilize 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 goodsservicesfacilitiesprivilegesadvantagesaccommodationsor 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 sectiondiscrimination 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 goodsservicesfacilitiesprivilegesadvantagesor accommodationsunless such criteria can be shown to be necessary for the provision of the goodsservicesfacilitiesprivilegesadvantagesor accommodations being offered;

(ii) a failure to make reasonable modifications in policiespracticesor procedureswhen such modifications are necessary to afford such goodsservicesfacilitiesprivilegesadvantagesor accommodations to individuals with disabilitiesunless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goodsservicesfacilitiesprivilegesadvantagesor accommodations;

(iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excludeddenied servicessegregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and servicesunless the entity can demonstrate that taking such steps would fundamentally alter the nature of the goodservicefacilityprivilegeadvantageor accommodation being offered or would result in an undue burden;

(iv) a failure to remove architectural barriersand communication barriers that are structural in naturein existing facilitiesand 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 achievablea failure to make such goodsservicesfacilitiesprivilegesadvantagesor 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 systemfor which a solicitation is made after the 30th day following the effective date of this subparagraphthat is not readily accessible to and usable by individuals with disabilitiesincluding 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 disabilitiesit shall be considered discrimination for such entity to fail to operate such system so thatwhen viewed in its entiretysuch system ensures a level of service to individuals with disabilitiesincluding individuals who use wheelchairsequivalent to the level of service provided to individuals without disabilities.

For purposes of subsection (a) of this sectiondiscrimination 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 thatwhen viewed in its entiretysuch system ensures a level of service to individuals with disabilitiesincluding individuals who use wheelchairsequivalent 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 subparagraphthat is not readily accessible to and usable by individuals with disabilities (including individuals who use wheelchairs) unless such entity can demonstrate that such systemwhen viewed in its entiretyprovides 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 sectiondiscrimination 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 peopleand

(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 goodsservicesfacilitiesprivilegesadvantages 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 policiespracticesor procedures or by the provision of auxiliary aids or services.

Sec. 12183. New construction and alterations in public accommodations and commercial facilities

(a) Application of term

Except as provided in subsection (b) of this sectionas applied to public accommodations and commercial facilitiesdiscrimination 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 261990that are readily accessible to and usable by individuals with disabilitiesexcept 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 byon behalf ofor for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereofa failure to make alterations in such a manner thatto the maximum extent feasiblethe altered portions of the facility are readily accessible to and usable by individuals with disabilitiesincluding 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 functionthe entity shall also make the alterations in such a manner thatto the maximum extent feasiblethe path of travel to the altered area and the bathroomstelephonesand drinking fountains serving the altered areaare readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathroomstelephonesand 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) 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 centera shopping mallor 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.

Sec. 12184. Prohibition of discrimination in specified public transportation services provided by private entities

(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 sectiondiscrimination includes

(1) the imposition or application by an entity described in subsection (a) 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 entityunless 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 automobilea van with a seating capacity of less than 8 passengersincluding the driveror 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 sectionthat is not readily accessible to and usable by individuals with disabilitiesincluding 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 systemwhen viewed in its entiretyprovides 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 passengersincluding the driverwhich 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 disabilitiesincluding 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 leasedwhen viewed in its entiretyprovides 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 transportationand for which a solicitation is made later than 30 days after the effective date of this paragraphthat is not readily accessible to and usable by individuals with disabilitiesincluding 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 moreor the purchase or lease by such entity of such a rail carunless the rail carto the maximum extent feasibleis made readily accessible to and usable by individuals with disabilitiesincluding individuals who use wheelchairs.

(1) Exception

To the extent that compliance with subsection (a)(2)(C) or (b)(7) of this section would significantly alter the historic or antiquated character of a historical or antiquated rail passenger caror a rail station served exclusively by such carsor would result in violation of any ruleregulationstandardor order issued by the Secretary of Transportation under the Federal Railroad Safety Act of 1970such compliance shall not be required.

(2) Definition

As used in this subsectionthe 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

(i) has a consequential association with events or persons significant to the past; or

(ii) embodiesor is being restored to embodythe distinctive characteristics of a type of rail passenger car used in the pastor to represent a time period which has passed.

Sec. 12185. Study

(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 disabilitiesparticularly individuals who use wheelchairsthrough all forms of boarding options.

(b) Contents

The study shall includeat a minimuman 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 serviceincluding any service required under sections 12184(a)(4) and 12186(a)(2) of this titleare 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 disabilitiesincluding consideration of recent technological and cost saving developments in equipment and devices.

(5) Possible design changes in over-the-road buses that could enhance accessibilityincluding 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 servicewith particular consideration of the impact of such requirements on such service to rural communities.

In conducting the study required by subsection (a) of this sectionthe Office of Technology Assessment shall establish an advisory committeewhich shall consist of

(1) members selected from among private operators and manufacturers of over-the-road buses;

(2) members selected from among individuals with disabilitiesparticularly individuals who use wheelchairswho are potential riders of such buses; and

(3) members selected for their technical expertise on issues included in the studyincluding manufacturers of boarding assistance equipment and devices.

The number of members selected under each of paragraphs (1) and (2) shall be equaland 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 sectionalong with recommendations by the Office of Technology Assessmentincluding any policy options for legislative actionshall be submitted to the President and Congress within 36 months after July 261990. 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 servicethe President shall extend each such deadline by 1 year.

(e) Review

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

Sec. 12186. Regulations

(a) Transportation provisions

(1) General rule

Not later than 1 year after July 261990the Secretary of Transportation shall issue regulations in an accessible format to carry out section 12182(b)(2)(B) and (C) of this title and to carry out section 12184 of this title (other than subsection (a)(4)).

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

(A) Interim requirements

(i) Issuance

Not later than 1 year after July 261990the 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 (a).

(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 titlethe 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 requiretaking into account the purposes of the study under section 12185 of this title and any recommendations resulting from such studyeach private entity which uses an over-the-road bus to provide transportation to individuals to provide accessibility to such bus to individuals with disabilitiesincluding individuals who use wheelchairs.

(iii) Effective period

Subject to section 12185(d) of this titlethe 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 transportation2 years after the date of issuance of such final regulations.

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 261990the 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.

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 sectionfor 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 sectionand 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 permitcompliance 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 titleexcept thatif 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 titlecompliance 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 sectiona private entity shall be considered to have complied with the requirements of this subchapterif anythat a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilitiesif 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 carsto 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.

Sec. 12187. Exemptions for private clubs and religious organizations

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)) or to religious organizations or entities controlled by religious organizationsincluding places of worship.

Sec. 12188. Enforcement

(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 12183(a) of this titleinjunctive 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 appropriateinjunctive relief shall also include requiring the provision of an auxiliary aid or servicemodification of a policyor provision of alternative methodsto 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 subchapterand shall undertake periodic reviews of compliance of covered entities under this subchapter.

(ii) Attorney General certification

On the application of a State or local governmentthe Attorney General mayin consultation with the Architectural and Transportation Barriers Compliance Boardand after prior notice and a public hearing at which personsincluding individuals with disabilitiesare provided an opportunity to testify against such certificationcertify 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 sectionsuch 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 importancethe 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 appropriateincludingto the extent required by this subchapter—

(i) granting temporarypreliminaryor permanent relief;

(ii) providing an auxiliary aid or servicemodification of policypracticeor procedureor 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 appropriateincluding monetary damages to persons aggrieved when requested by the Attorney General; and

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

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

[*Agency Note: Please see the Department’s title III regulation at 28 CFR 36.504(a)(3) for the most recent civil monetary penalty amountswhich are periodically adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990Public Law 101-41028 USC 2461 noteas amended.]

(3) Single violation

For purposes of paragraph (2) (C)in determining whether a first or subsequent violation has occurreda determination in a single actionby judgment or settlementthat 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 sectionthe term “monetary damages” and “such other relief” does not include punitive damages.

(5) Judicial consideration

In a civil action under paragraph (1)(B)the courtwhen considering what amount of civil penaltyif anyis appropriateshall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faiththe court shall consideramong other factors it deems relevantwhether 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.

Sec. 12189. Examinations and courses

Any person that offers examinations or courses related to applicationslicensingcertificationor credentialing for secondary or postsecondary educationprofessionalor 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.

Subchapter IV - Miscellaneous Provisions [Title V]

Sec. 12201. Construction

(a) In general

Except as otherwise provided in this chapternothing 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 remediesrightsand 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 ofor the imposition of restrictions onsmoking in places of employment covered by subchapter I of this chapterin transportation covered by subchapter II or III of this chapteror in places of public accommodation covered by subchapter III.

Subchapters I through III of this chapter and title IV of this Act shall not be construed to prohibit or restrict—

(1) an insurerhospital or medical service companyhealth maintenance organizationor any agentor entity that administers benefit plansor similar organizations from underwriting risksclassifying risksor administering such risks that are based on or not inconsistent with State law; or

(2) a person or organization covered by this chapter from establishingsponsoringobserving or administering the terms of a bona fide benefit plan that are based on underwriting risksclassifying risksor administering such risks that are based on or not inconsistent with State law; or

(3) a person or organization covered by this chapter from establishingsponsoringobserving 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 I and III.

(d) Accommodations and services

Nothing in this chapter shall be construed to require an individual with a disability to accept an accommodationaidserviceopportunityor benefit which such individual chooses not to accept.

(e) Benefits under State worker’s compensation laws

Nothing in this chapter alters the standards for determining eligibility for benefits under State worker’s compensation laws or under State and Federal disability benefit programs.

(f) Fundamental alteration

Nothing in this chapter alters the provision of section 12182(b)(2)(A)(ii)specifying that reasonable modifications in policiespracticesor procedures shall be requiredunless an entity can demonstrate that making such modifications in policiespracticesor proceduresincluding academic requirements in postsecondary educationwould fundamentally alter the nature of the goodsservicesfacilitiesprivilegesadvantagesor accommodations involved.

(g) Claims of no disability

Nothing in this chapter shall provide the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual’s lack of disability.

(h) Reasonable accommodations and modifications

A covered entity under subchapter Ia public entity under subchapter IIand any person who ownsleases (or leases to)or operates a place of public accommodation under subchapter IIIneed not provide a reasonable accommodation or a reasonable modification to policiespracticesor procedures to an individual who meets the definition of disability in section 12102(1) solely under subparagraph (C) of such section.

Sec. 12202. State immunity

A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in 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 chapterremedies (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.

Sec. 12203. Prohibition against retaliation and coercion

(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 chargetestifiedassistedor participated in any manner in an investigationproceedingor hearing under this chapter.

(b) Interferencecoercionor intimidation

It shall be unlawful to coerceintimidatethreatenor interfere with any individual in the exercise or enjoyment ofor on account of his or her having exercised or enjoyedor on account of his or her having aided or encouraged any other individual in the exercise or enjoyment ofany right granted or protected by this chapter.

The remedies and procedures available under sections 1211712133and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b)with respect to subchapter Isubchapter II and subchapter III of this chapterrespectively.

Sec. 12204. Regulations by Architectural and Transportation Barriers Compliance Board

(a) Issuance of guidelines

Not later than 9 months after July 261990the 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 requirementsconsistent with this chapterto ensure that buildingsfacilitiesrail passenger carsand vehicles are accessiblein terms of architecture and designtransportationand communicationto individuals with disabilities.

(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) shallat a minimummaintain 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 lawthe 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 Standardsand shall requireat a minimumcompliance with the requirements established in 4.1.7(2) of such standards.

Sec. 12205. Attorney’s fees

In any action or administrative proceeding commenced pursuant to this chapterthe court or agencyin its discretionmay allow the prevailing partyother than the United Statesa reasonable attorney’s feeincluding litigation expensesand costsand the United States shall be liable for the foregoing the same as a private individual.

Sec. 12205a. Rule of Construction Regarding Regulatory Authority

The authority to issue regulations granted to the Equal Employment Opportunity Commissionthe Attorney Generaland the Secretary of Transportation under this chapter includes the authority to issue regulations implementing the definitions of disability in section 12102 of this title (including rules of construction) and the definitions in section 12103 of this titleconsistent with the ADA Amendments Act of 2008.

Sec. 12206. Technical assistance

(a) Plan for assistance

(1) In general

Not later than 180 days after July 261990the Attorney Generalin consultation with the Chair of the Equal Employment Opportunity Commissionthe Secretary of Transportationthe Chair of the Architectural and Transportation Barriers Compliance Boardand the Chairman of the Federal Communications Commissionshall develop a plan to assist entities covered under this chapterand other Federal agenciesin 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)including the National Council on Disabilitythe President’s Committee on Employment of People with Disabilitiesthe Small Business Administrationand the Department of Commerce.

(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 sectionfor subchapter I.

(B) Subchapter II

(i) Part A

The Attorney General shall implement such plan for assistance for part A of subchapter II.

(ii) Part B

The Secretary of Transportation shall implement such plan for assistance for part B of subchapter II.

The Attorney Generalin coordination with the Secretary of Transportation and the Chair of the Architectural Transportation Barriers Compliance Boardshall implement such plan for assistance for subchapter III of this chapterexcept for section 12184 of this titlethe plan for assistance for which shall be implemented by the Secretary of Transportation.

(D) Title IV

The Chairman of the Federal Communications Commissionin coordination with the Attorney Generalshall 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 shallas part of its implementation responsibilitiesensure 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 IIIand III 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 sectionsubject to the availability of appropriations. Such grants and contracts may be awarded to individualsinstitutions 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 profitbut such entities may not be the recipients or grants described in this paragraph.

(2) Dissemination of information

Such grants and contractsamong other usesmay 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 employerpublic accommodationor 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 sectionincluding any failure in the development or dissemination of any technical assistance manual authorized by this section.

Sec. 12207. Federal wilderness areas

(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 261990the National Council on Disability shall submit the report required under subsection (a) of this section to Congress.

(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 wheelchairand consistent with the Wilderness Act no agency is required to provide any form of special treatment or accommodationor 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 locomotionthat is suitable for use in an indoor pedestrian area.

Sec. 12208. Transvestites

For the purposes of this chapterthe term “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite.

Sec. 12209. Instrumentalities of Congress

The Government Accountability Officethe Government Publishing Officeand the Library of Congress shall be covered as follows:

(1) In general

The rights and protections under this chapter shallsubject 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 shallafter 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 sectionthe term “instrumentality of the Congress” means the following: the General Accounting Officethe Government Printing Officeand the Library of Congress.

(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 sectionexcept 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 visitorguestor 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 sectionexcept 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.

Sec. 12210. Illegal use of drugs

(a) In general

For purposes of this chapterthe term “individual with a disability” does not include an individual who is currently engaging in the illegal use of drugswhen 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

(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 usebut 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 proceduresincluding but not limited to drug testingdesigned to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; howevernothing in this section shall be construed to encourageprohibitrestrictor authorize the conducting of testing for the illegal use of drugs.

Notwithstanding subsection (a) of this section and section 12211(b)(3) of this subchapteran individual shall not be denied health servicesor services provided in connection with drug rehabilitationon 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 drugsthe 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 professionalor other uses authorized by the Controlled Substances Act or other provisions of Federal law.

(2) Drugs

The term “drug” means a controlled substanceas defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).

Sec. 12211. Definitions

(a) Homosexuality and bisexuality

For purposes of the definition of “disability” in section 12102(2) of this titlehomosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.

(b) Certain conditions

Under this chapterthe term “disability” shall not include

(1) transvestismtranssexualismpedophiliaexhibitionismvoyeurismgender identity disorders not resulting from physical impairmentsor other sexual behavior disorders;

(2) compulsive gamblingkleptomaniaor pyromania; or

(3) psychoactive substance use disorders resulting from current illegal use of drugs.

Sec. 12212. Alternative means of dispute resolution

Where appropriate and to the extent authorized by lawthe use of alternative means of dispute resolutionincluding settlement negotiationsconciliationfacilitationmediationfact-findingminitrialsand arbitrationis encouraged to resolve disputes arising under this chapter.

Sec. 12213. Severability

Should any provision in this chapter be found to be unconstitutional by a court of lawsuch provision shall be severed from the remainder of the chapterand such action shall not affect the enforceability of the remaining provisions of the chapter.

Title 47 - TelegraphsTelephonesand Radiotelegraphs [Title IV]

Chapter 5 - Wire or Radio Communication

Subchapter II - Common Carriers

Part I - Common Carrier Regulation

Sec. 225. Telecommunications services for hearing-impaired and speech-impaired individuals

(a) Definitions

As used in this section—

(1) Common carrier or carrier

The term “common carrier” or “carrier” includes any common carrier engaged in interstate communication by wire or radio as defined in section 153 of this title and any common carrier engaged in intrastate communication by wire or radionotwithstanding sections 152(b) and 221(b) of this title.

(2) TDD

The term “TDD” means a Telecommunications Device for the Deaf which is a machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system.

(3) Telecommunications relay services

The term “telecommunications relay services” means telephone transmission services that provide the ability for an individual who is deafhard of hearingdeaf-blindor who has a speech disability to engage in communication by wire or radio with one or more individuals in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio.

(b) Availability of telecommunications relay service

(1) In general

In order to carry out the purposes established under section 151 of this titleto make available to all individuals in the United States a rapidefficient nationwide communication serviceand to increase the utility of the telephone system of the Nationthe Commission shall ensure that interstate and intrastate telecommunications relay services are availableto the extent possible and in the most efficient mannerto hearing-impaired and speech-impaired individuals in the United States.

(2) Use of general authority and remedies

For the purposes of administering and enforcing the provisions of this section and the regulations prescribed thereunderthe Commission shall have the same authoritypowerand functions with respect to common carriers engaged in intrastate communication as the Commission has in administering and enforcing the provisions of this subchapter with respect to any common carrier engaged in interstate communication. Any violation of this section by any common carrier engaged in intrastate communication shall be subject to the same remediespenaltiesand procedures as are applicable to a violation of this chapter by a common carrier engaged in interstate communication.

Each common carrier providing telephone voice transmission services shallnot later than 3 years after July 261990provide in compliance with the regulations prescribed under this sectionthroughout the area in which it offers servicetelecommunications relay servicesindividuallythrough designeesthrough a competitively selected vendoror in concert with other carriers. A common carrier shall be considered to be in compliance with such regulations—

(1) with respect to intrastate telecommunications relay services in any State that does not have a certified program under subsection (f) of this section and with respect to interstate telecommunications relay servicesif such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the Commission’s regulations under subsection (d) of this section; or

(2) with respect to intrastate telecommunications relay services in any State that has a certified program under subsection (f) of this section for such Stateif such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under subsection (f) of this section for such State.

(d) Regulations

(1) In general

The Commission shallnot later than 1 year after July 261990prescribe regulations to implement this sectionincluding regulations that—

(A) establish functional requirementsguidelinesand operations procedures for telecommunications relay services;

(B) establish minimum standards that shall be met in carrying out subsection (c) of this section;

(D) require that users of telecommunications relay services pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the callthe time of dayand the distance from point of origination to point of termination;

(E) prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services;

(F) prohibit relay operators from disclosing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and

(G) prohibit relay operators from intentionally altering a relayed conversation.

(2) Technology

The Commission shall ensure that regulations prescribed to implement this section encourageconsistent with section 157(a) of this titlethe use of existing technology and do not discourage or impair the development of improved technology.

(3) Jurisdictional separation of costs

(A) In general

Consistent with the provisions of section 410 of this titlethe Commission shall prescribe regulations governing the jurisdictional separation of costs for the services provided pursuant to this section.

(B) Recovering costs

Such regulations shall generally provide that costs caused by interstate telecommunications relay services shall be recovered from all subscribers for every interstate service and costs caused by intrastate telecommunications relay services shall be recovered from the intrastate jurisdiction. In a State that has a certified program under subsection (f)a State commission shall permit a common carrier to recover the costs incurred in providing intrastate telecommunications relay services by a method consistent with the requirements of this section.

(e) Enforcement

(1) In general

Subject to subsections (f) and (g)the Commission shall enforce this section.

(2) Complaint

The Commission shall resolveby final ordera complaint alleging a violation of this section within 180 days after the date such complaint is filed.

(f) Certification

(1) State documentation

Any State desiring to establish a State program under this section shall submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services and the procedures and remedies available for enforcing any requirements imposed by the State program.

(2) Requirements for certification

After review of such documentationthe Commission shall certify the State program if the Commission determines that—

(A) the program makes available to hearing-impaired and speech-impaired individualseither directlythrough designeesthrough a competitively selected vendoror through regulation of intrastate common carriersintrastate telecommunications relay services in such State in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under subsection (d); and

(B) the program makes available adequate procedures and remedies for enforcing the requirements of the State program.

(3) Method of funding

Except as provided in subsection (d)the Commission shall not refuse to certify a State program based solely on the method such State will implement for funding intrastate telecommunication relay services.

(4) Suspension or revocation of certification

The Commission may suspend or revoke such certification ifafter notice and opportunity for hearingthe Commission determines that such certification is no longer warranted. In a State whose program has been suspended or revokedthe Commission shall take such steps as may be necessaryconsistent with this sectionto ensure continuity of telecommunications relay services.

(g) Complaint

(1) Referral of complaint

If a complaint to the Commission alleges a violation of this section with respect to intrastate telecommunications relay services within a State and certification of the program of such State under subsection (f) is in effectthe Commission shall refer such complaint to such State.

(2) Jurisdiction of Commission

After referring a complaint to a State under paragraph (1)the Commission shall exercise jurisdiction over such complaint only if

(A) final action under such State program has not been taken on such complaint by such State—

(i) within 180 days after the complaint is filed with such State; or

(ii) within a shorter period as prescribed by the regulations of such State; or

(B) the Commission determines that such State program is no longer qualified for certification under subsection (f).

Subchapter VI - Miscellaneous Provisions

Sec. 611. Closed-captioning of public service announcements

Any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of Federal Government shall include closed captioning of the verbal content of such announcement. A television broadcast station licensee—

(1) shall not be required to supply closed captioning for any such announcement that fails to include it; and

(2) shall not be liable for broadcasting any such announcement without transmitting a closed caption unless the licensee intentionally fails to transmit the closed caption that was included with the announcement.

Tax Season is Here

Table of contents

Americans with Disabilities Act of 1990As Amended

LawRegulations& Standards

Title 42 - The Public Health and Welfare

Chapter 126 - Equal Opportunity for Individuals with Disabilities

Sec. 12101. Findings and purpose

Sec. 12101 note: Findings and Purposes of ADA Amendments Act of 2008Pub. L. 110-325§2Sept. 252008122 Stat. 3553provided that:

Sec. 12102. Definition of disability

Sec. 12103. Additional definitions

Subchapter I - Employment [Title I]

Sec. 12111. Definitions

Sec. 12112. Discrimination

Sec. 12113. Defenses

Sec. 12114. Illegal use of drugs and alcohol

Sec. 12115. Posting notices

Sec. 12116. Regulations

Sec. 12117. Enforcement

Subchapter II - Public Services [Title II]

Part A - Prohibition Against Discrimination and Other Generally Applicable Provisions

Sec. 12131. Definitions

Sec. 12132. Discrimination

Sec. 12133. Enforcement

Sec. 12134. Regulations

Part B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory

Subpart I - Public Transportation Other than by Aircraft or Certain Rail Operations

Sec. 12141. Definitions

Sec. 12142. Public entities operating fixed route systems

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

Sec. 12144. Public entity operating a demand responsive system

Sec. 12145. Temporary relief where lifts are unavailable

Sec. 12146. New facilities

Sec. 12147. Alterations of existing facilities

Sec. 12148. Public transportation programs and activities in existing facilities and one car per train rule

Sec. 12149. Regulations

Sec. 12150. Interim accessibility requirements

Subpart II - Public Transportation by Intercity and Commuter Rail

Sec. 12161. Definitions

Sec. 12162. Intercity and commuter rail actions considered discriminatory

Sec. 12163. Conformance of accessibility standards

Sec. 12164. Regulations

Sec. 12165. Interim accessibility requirements

Subchapter III - Public Accommodations and Services by Private Entities [Title III]

Sec. 12181. Definitions

Sec. 12182. Prohibition of discrimination by public accommodations

Sec. 12183. New construction and alterations in public accommodations and commercial facilities

Sec. 12184. Prohibition of discrimination in specified public transportation services provided by private entities

Sec. 12185. Study

Sec. 12186. Regulations

Sec. 12187. Exemptions for private clubs and religious organizations

Sec. 12188. Enforcement

Sec. 12189. Examinations and courses

Subchapter IV - Miscellaneous Provisions [Title V]

Sec. 12201. Construction

Sec. 12202. State immunity

Sec. 12203. Prohibition against retaliation and coercion

Sec. 12204. Regulations by Architectural and Transportation Barriers Compliance Board

Sec. 12205. Attorney’s fees

Sec. 12205a. Rule of Construction Regarding Regulatory Authority

Sec. 12206. Technical assistance

Sec. 12207. Federal wilderness areas

Sec. 12208. Transvestites

Sec. 12209. Instrumentalities of Congress

Sec. 12210. Illegal use of drugs

Sec. 12211. Definitions

Sec. 12212. Alternative means of dispute resolution

Title 47 - TelegraphsTelephonesand Radiotelegraphs [Title IV]

Chapter 5 - Wire or Radio Communication

Subchapter II - Common Carriers

Part I - Common Carrier Regulation

Sec. 225. Telecommunications services for hearing-impaired and speech-impaired individuals

Subchapter VI - Miscellaneous Provisions

Sec. 611. Closed-captioning of public service announcements