Americans with Disabilities Act of 1990 - ADA - 42 U.S. Code Chapter 126

42 USC CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES


Sec. 
12101.  Findings and purpose. 
12102.  Definitions. 

SUBCHAPTER I - EMPLOYMENT 
12111.  Definitions.
12112.  Discrimination. 
12113.  Defenses. 
12114.  Illegal use of drugs and alcohol. 
12115.  Posting notices. 
12116.  Regulations. 
12117.  Enforcement. 

SUBCHAPTER II - PUBLIC SERVICES 

PART A - PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY
         APPLICABLE PROVISIONS

PART B - ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION PROVIDED BY PUBLIC
         ENTITIES CONSIDERED DISCRIMINATORY

SUBPART I - PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN 
            RAIL OPERATIONS
12141.  Definitions. 
12142.  Public entities operating fixed route systems. 
12143.  Paratransit as a complement to fixed route service. 
12144.  Public entity operating a demand responsive system.
12145.  Temporary relief where lifts are unavailable. 
12146.  New facilities. 
12147.  Alterations of existing facilities. 
12148.  Public transportation programs and activities in
            existing facilities and one car per train rule.
12149.  Regulations.
12150.  Interim accessibility requirements.

SUBPART II - PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL 
12161.  Definitions.
12162.  Intercity and commuter rail actions considered 
                discriminatory.
12163.  Conformance of accessibility standards.
12164.  Regulations.
12165.  Interim accessibility requirements.

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES
12181.  Definitions. 
12182.  Prohibition of discrimination by public accommodations.
12183.  New construction and alterations in public
            accommodations and commercial facilities. 
12184.  Prohibition of discrimination in specified public 
            transportation services provided by private entities.
12185.  Study. 
12186.  Regulations. 
12187.  Exemptions for private clubs and religious organizations. 
12188.  Enforcement.
12189.  Examinations and courses. 

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS 
12201.  Construction. 
12202.  State immunity. 
12203.  Prohibition against retaliation and coercion. 
12204.  Regulations by Architectural and Transportation Barriers Compliance Board. 
12205.  Attorney's fees. 
12206.  Technical assistance. 
12207.  Federal wilderness areas. 
12208.  Transvestites.
12209.  Instrumentalities of Congress. 
12210.  Illegal use of drugs. 
12211.  Definitions. 
12212.  Alternative means of dispute resolution.
12213.  Severability. 




Sec. 12101. Findings and purpose


    (a) Findings
      The Congress finds that - 
        (1) some 43,000,000 Americans have one or more physical or
      mental disabilities, and this number is increasing as the
      population as a whole is growing older;
        (2) historically, society has tended to isolate and segregate
      individuals with disabilities, and, despite some improvements,
      such forms of discrimination against individuals with
      disabilities continue to be a serious and pervasive social
      problem;
        (3) discrimination against individuals with disabilities
      persists in such critical areas as employment, housing, public
      accommodations, education, transportation, communication,
      recreation, institutionalization, health services, voting, and
      access to public services;
        (4) unlike individuals who have experienced discrimination on
      the basis of race, color, sex, national origin, religion, or age,
      individuals who have experienced discrimination on the basis of
      disability have often had no legal recourse to redress such
      discrimination;
        (5) individuals with disabilities continually encounter various
      forms of discrimination, including outright intentional
      exclusion, the discriminatory effects of architectural,
      transportation, and communication barriers, overprotective rules
      and policies, failure to make modifications to existing
      facilities and practices, exclusionary qualification standards
      and criteria, segregation, and relegation to lesser services,
      programs, activities, benefits, jobs, or other opportunities;
        (6) census data, national polls, and other studies have
      documented that people with disabilities, as a group, occupy an
      inferior status in our society, and are severely disadvantaged
      socially, vocationally, economically, and educationally;
        (7) individuals with disabilities are a discrete and insular
      minority who have been faced with restrictions and limitations,
      subjected to a history of purposeful unequal treatment, and
      relegated to a position of political powerlessness in our
      society, based on characteristics that are beyond the control of
      such individuals and resulting from stereotypic assumptions not
      truly indicative of the individual ability of such individuals to
      participate in, and contribute to, society;
        (8) the Nation's proper goals regarding individuals with
      disabilities are to assure equality of opportunity, full
      participation, independent living, and economic self-sufficiency
      for such individuals; and
        (9) the continuing existence of unfair and unnecessary
      discrimination and prejudice denies people with disabilities the
      opportunity to compete on an equal basis and to pursue those
      opportunities for which our free society is justifiably famous,
      and costs the United States billions of dollars in unnecessary
      expenses resulting from dependency and nonproductivity.
    (b) Purpose
      It is the purpose of this chapter - 
        (1) to provide a clear and comprehensive national mandate for
      the elimination of discrimination against individuals with
      disabilities;
        (2) to provide clear, strong, consistent, enforceable standards
      addressing discrimination against individuals with disabilities;
        (3) to ensure that the Federal Government plays a central role
      in enforcing the standards established in this chapter on behalf
      of individuals with disabilities; and
        (4) to invoke the sweep of congressional authority, including
      the power to enforce the fourteenth amendment and to regulate
      commerce, in order to address the major areas of discrimination
      faced day-to-day by people with disabilities.


Sec. 12102. 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 readers, taped texts, or other effective
        methods of making visually delivered materials available to
        individuals with visual impairments;
          (C) acquisition or modification of equipment or devices; and
          (D) other similar services and actions.
      (2) Disability
        The term "disability" means, with respect to an individual - 
          (A) a physical or mental impairment that substantially limits
        one or more of the major life activities of such individual;
          (B) a record of such an impairment; or
          (C) being regarded as having such an impairment.
      (3) State
        The term "State" means each of the several States, the District
      of Columbia, the Commonwealth of Puerto Rico, Guam, American
      Samoa, the Virgin Islands, the Trust Territory of the Pacific
      Islands, and the Commonwealth of the Northern Mariana Islands.


                         SUBCHAPTER I - EMPLOYMENT                     


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 employer, employment agency,
      labor organization, or joint labor-management committee.
      (3) Direct threat
        The term "direct threat" means a significant risk to the health
      or safety of others that cannot be eliminated by reasonable
      accommodation.
      (4) Employee
        The term "employee" means an individual employed by an
      employer. With respect to employment in a foreign country, such
      term includes an individual who is a citizen of the United
      States.
      (5) Employer
        (A) In general
          The term "employer" means a person engaged in an industry
        affecting commerce who has 15 or more employees for each
        working day in each of 20 or more calendar weeks in the current
        or preceding calendar year, and any agent of such person,
        except that, for two years following the effective date of this
        subchapter, an employer means a person engaged in an industry
        affecting commerce who has 25 or more employees for each
        working day in each of 20 or more calendar weeks in the current
        or preceding year, and any agent of such person.
        (B) Exceptions
          The term "employer" does not include - 
            (i) the United States, a corporation wholly owned by the
          government of the United States, or an Indian tribe; or
            (ii) a bona fide private membership club (other than a
          labor organization) that is exempt from taxation under
          section 501(c) of title 26.
      (6) Illegal use of drugs
        (A) In general
          The term "illegal use of drugs" means the use of drugs, the
        possession or distribution of which is unlawful under the
        Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term
        does not include the use of a drug taken under supervision by a
        licensed health care professional, or other uses authorized by
        the Controlled Substances Act or other provisions of Federal
        law.
        (B) Drugs
          The term "drug" means a controlled substance, as defined in
        schedules I through V of section 202 of the Controlled
        Substances Act [21 U.S.C. 812].
      (7) Person, etc.
        The terms "person", "labor organization", "employment agency",
      "commerce", and "industry affecting commerce", shall have the
      same meaning given such terms in section 2000e of this title.
      (8) Qualified individual with a disability
        The term "qualified individual with a disability" means an
      individual with a disability who, with or without reasonable
      accommodation, can perform the essential functions of the
      employment position that such individual holds or desires. For
      the purposes of this subchapter, consideration shall be given to
      the employer's judgment as to what functions of a job are
      essential, and if an employer has prepared a written description
      before advertising or interviewing applicants for the job, this
      description shall be considered evidence of the essential
      functions of the job.
      (9) Reasonable accommodation
        The term "reasonable accommodation" may include - 
          (A) making existing facilities used by employees readily
        accessible to and usable by individuals with disabilities; and
          (B) job restructuring, part-time or modified work schedules,
        reassignment to a vacant position, acquisition or modification
        of equipment or devices, appropriate adjustment or
        modifications of examinations, training materials or policies,
        the provision of qualified readers or interpreters, and other
        similar accommodations for individuals with disabilities.
      (10) Undue hardship
        (A) In general
          The term "undue hardship" means an action requiring
        significant difficulty or expense, when considered in light of
        the factors set forth in subparagraph (B).
        (B) Factors to be considered
          In determining whether an accommodation would impose an undue
        hardship on a covered entity, factors to be considered include
        - 
            (i) the nature and cost of the accommodation needed under
          this chapter;
            (ii) the overall financial resources of the facility or
          facilities involved in the provision of the reasonable
          accommodation; the number of persons employed at such
          facility; the effect on expenses and resources, or the impact
          otherwise of such accommodation upon the operation of the
          facility;
            (iii) the overall financial resources of the covered
          entity; the overall size of the business of a covered entity
          with respect to the number of its employees; the number,
          type, and location of its facilities; and
            (iv) the type of operation or operations of the covered
          entity, including the composition, structure, and functions
          of the workforce of such entity; the geographic separateness,
          administrative, or fiscal relationship of the facility or
          facilities in question to the covered entity.


Sec. 12112. Discrimination


    (a) General rule
      No covered entity shall discriminate against a qualified
    individual with a disability because of the disability of such
    individual in regard to job application procedures, the hiring,
    advancement, or discharge of employees, employee compensation, job
    training, and other terms, conditions, and privileges of
    employment.
    (b) Construction
      As used in subsection (a) of this section, the term
    "discriminate" includes - 
        (1) limiting, segregating, or classifying a job applicant or
      employee in a way that adversely affects the opportunities or
      status of such applicant or employee because of the disability of
      such applicant or employee;
        (2) participating in a contractual or other arrangement or
      relationship that has the effect of subjecting a covered entity's
      qualified applicant or employee with a disability to the
      discrimination prohibited by this subchapter (such relationship
      includes a relationship with an employment or referral agency,
      labor union, an organization providing fringe benefits to an
      employee of the covered entity, or an organization providing
      training and apprenticeship programs);
        (3) utilizing standards, criteria, or methods of administration
      - 
          (A) that have the effect of discrimination on the basis of
        disability; or
          (B) that perpetuate the discrimination of others who are
        subject to common administrative control;

        (4) excluding or otherwise denying equal jobs or benefits to a
      qualified individual because of the known disability of an
      individual with whom the qualified individual is known to have a
      relationship or association;
        (5)(A) not making reasonable accommodations to the known
      physical or mental limitations of an otherwise qualified
      individual with a disability who is an applicant or employee,
      unless such covered entity can demonstrate that the accommodation
      would impose an undue hardship on the operation of the business
      of such covered entity; or
        (B) denying employment opportunities to a job applicant or
      employee who is an otherwise qualified individual with a
      disability, if such denial is based on the need of such covered
      entity to make reasonable accommodation to the physical or mental
      impairments of the employee or applicant;
        (6) using qualification standards, employment tests or other
      selection criteria that screen out or tend to screen out an
      individual with a disability or a class of individuals with
      disabilities unless the standard, test or other selection
      criteria, as used by the covered entity, is shown to be
      job-related for the position in question and is consistent with
      business necessity; and
        (7) failing to select and administer tests concerning
      employment in the most effective manner to ensure that, when such
      test is administered to a job applicant or employee who has a
      disability that impairs sensory, manual, or speaking skills, such
      test results accurately reflect the skills, aptitude, or whatever
      other factor of such applicant or employee that such test
      purports to measure, rather than reflecting the impaired sensory,
      manual, or speaking skills of such employee or applicant (except
      where such skills are the factors that the test purports to
      measure).
    (c) Covered entities in foreign countries
      (1) In general
        It shall not be unlawful under this section for a covered
      entity to take any action that constitutes discrimination under
      this section with respect to an employee in a workplace in a
      foreign country if compliance with this section would cause such
      covered entity to violate the law of the foreign country in which
      such workplace is located.
      (2) Control of corporation
        (A) Presumption
          If an employer controls a corporation whose place of
        incorporation is a foreign country, any practice that
        constitutes discrimination under this section and is engaged in
        by such corporation shall be presumed to be engaged in by such
        employer.
        (B) Exception
          This section shall not apply with respect to the foreign
        operations of an employer that is a foreign person not
        controlled by an American employer.
        (C) Determination
          For purposes of this paragraph, the determination of whether
        an employer controls a corporation shall be based on - 
            (i) the interrelation of operations;
            (ii) the common management;
            (iii) the centralized control of labor relations; and
            (iv) the common ownership or financial control,

        of the employer and the corporation.
    (d) Medical examinations and inquiries
      (1) In general
        The prohibition against discrimination as referred to in
      subsection (a) of this section shall include medical examinations
      and inquiries.
      (2) Preemployment
        (A) Prohibited examination or inquiry
          Except as provided in paragraph (3), a covered entity shall
        not conduct a medical examination or make inquiries of a job
        applicant as to whether such applicant is an individual with a
        disability or as to the nature or severity of such disability.
        (B) Acceptable inquiry
          A covered entity may make preemployment inquiries into the
        ability of an applicant to perform job-related functions.
      (3) Employment entrance examination
        A covered entity may require a medical examination after an
      offer of employment has been made to a job applicant and prior to
      the commencement of the employment duties of such applicant, and
      may condition an offer of employment on the results of such
      examination, if - 
          (A) all entering employees are subjected to such an
        examination regardless of disability;
          (B) information obtained regarding the medical condition or
        history of the applicant is collected and maintained on
        separate forms and in separate medical files and is treated as
        a confidential medical record, except that - 
            (i) supervisors and managers may be informed regarding
          necessary restrictions on the work or duties of the employee
          and necessary accommodations;
            (ii) first aid and safety personnel may be informed, when
          appropriate, if the disability might require emergency
          treatment; and
            (iii) government officials investigating compliance with
          this chapter shall be provided relevant information on
          request; and

          (C) the results of such examination are used only in
        accordance with this subchapter.
      (4) Examination and inquiry
        (A) Prohibited examinations and inquiries
          A covered entity shall not require a medical examination and
        shall not make inquiries of an employee as to whether such
        employee is an individual with a disability or as to the nature
        or severity of the disability, unless such examination or
        inquiry is shown to be job-related and consistent with business
        necessity.
        (B) Acceptable examinations and inquiries
          A covered entity may conduct voluntary medical examinations,
        including voluntary medical histories, which are part of an
        employee health program available to employees at that work
        site. A covered entity may make inquiries into the ability of
        an employee to perform job-related functions.
        (C) Requirement
          Information obtained under subparagraph (B) regarding the
        medical condition or history of any employee are subject to the
        requirements of subparagraphs (B) and (C) of paragraph (3).


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 standards,
    tests, or selection criteria that screen out or tend to screen out
    or otherwise deny a job or benefit to an individual with a
    disability has been shown to be job-related and consistent with
    business necessity, and such performance cannot be accomplished by
    reasonable accommodation, as required under this subchapter.
    (b) Qualification standards
      The term "qualification standards" may include a requirement that
    an individual shall not pose a direct threat to the health or
    safety of other individuals in the workplace.
    (c) Religious entities
      (1) In general
        This subchapter shall not prohibit a religious corporation,
      association, educational institution, or society from giving
      preference in employment to individuals of a particular religion
      to perform work connected with the carrying on by such
      corporation, association, educational institution, or society of
      its activities.
      (2) Religious tenets requirement
        Under this subchapter, a religious organization may require
      that all applicants and employees conform to the religious tenets
      of such organization.
    (d) List of infectious and communicable diseases
      (1) In general
        The Secretary of Health and Human Services, not later than 6
      months after July 26, 1990, shall - 
          (A) review all infectious and communicable diseases which may
        be transmitted through handling the food supply;
          (B) publish a list of infectious and communicable diseases
        which are transmitted through handling the food supply;
          (C) publish the methods by which such diseases are
        transmitted; and
          (D) widely disseminate such information regarding the list of
        diseases and their modes of transmissability (FN1) to the
        general public.


      Such list shall be updated annually.
      (2) Applications
        In any case in which an individual has an infectious or
      communicable disease that is transmitted to others through the
      handling of food, that is included on the list developed by the
      Secretary of Health and Human Services under paragraph (1), and
      which cannot be eliminated by reasonable accommodation, a covered
      entity may refuse to assign or continue to assign such individual
      to a job involving food handling.
      (3) Construction
        Nothing in this chapter shall be construed to preempt, modify,
      or amend any State, county, or local law, ordinance, or
      regulation applicable to food handling which is designed to
      protect the public health from individuals who pose a significant
      risk to the health or safety of others, which cannot be
      eliminated by reasonable accommodation, pursuant to the list of
      infectious or communicable diseases and the modes of
      transmissability (FN1) published by the Secretary of Health and
      Human Services.

1 So in original. Probably should be "transmissibility".


Sec. 12114. Illegal use of drugs and alcohol


    (a) Qualified individual with a disability
      For purposes of this subchapter, the term "qualified individual
    with a disability" shall not include any employee or applicant who
    is currently engaging in the illegal use of drugs, when the covered
    entity acts on the basis of such use.
    (b) Rules of construction
      Nothing in subsection (a) of this section shall be construed to
    exclude as a qualified individual with a disability an individual
    who - 
        (1) has successfully completed a supervised drug rehabilitation
      program and is no longer engaging in the illegal use of drugs, or
      has otherwise been rehabilitated successfully and is no longer
      engaging in such use;
        (2) is participating in a supervised rehabilitation program and
      is no longer engaging in such use; or
        (3) is erroneously regarded as engaging in such use, but is not
      engaging in such use;

    except that it shall not be a violation of this chapter for a
    covered entity to adopt or administer reasonable policies or
    procedures, including but not limited to drug testing, designed to
    ensure that an individual described in paragraph (1) or (2) is no
    longer engaging in the illegal use of drugs.
    (c) Authority of covered entity
      A covered entity - 
        (1) may prohibit the illegal use of drugs and the use of
      alcohol at the workplace by all employees;
        (2) may require that employees shall not be under the influence
      of alcohol or be engaging in the illegal use of drugs at the
      workplace;
        (3) may require that employees behave in conformance with the
      requirements established under the Drug-Free Workplace Act of
      1988 (41 U.S.C. 701 et seq.);
        (4) may hold an employee who engages in the illegal use of
      drugs or who is an alcoholic to the same qualification standards
      for employment or job performance and behavior that such entity
      holds other employees, even if any unsatisfactory performance or
      behavior is related to the drug use or alcoholism of such
      employee; and
        (5) may, with respect to Federal regulations regarding alcohol
      and the illegal use of drugs, require that - 
          (A) employees comply with the standards established in such
        regulations of the Department of Defense, if the employees of
        the covered entity are employed in an industry subject to such
        regulations, including complying with regulations (if any) that
        apply to employment in sensitive positions in such an industry,
        in the case of employees of the covered entity who are employed
        in such positions (as defined in the regulations of the
        Department of Defense);
          (B) employees comply with the standards established in such
        regulations of the Nuclear Regulatory Commission, if the
        employees of the covered entity are employed in an industry
        subject to such regulations, including complying with
        regulations (if any) that apply to employment in sensitive
        positions in such an industry, in the case of employees of the
        covered entity who are employed in such positions (as defined
        in the regulations of the Nuclear Regulatory Commission); and
          (C) employees comply with the standards established in such
        regulations of the Department of Transportation, if the
        employees of the covered entity are employed in a
        transportation industry subject to such regulations, including
        complying with such regulations (if any) that apply to
        employment in sensitive positions in such an industry, in the
        case of employees of the covered entity who are employed in
        such positions (as defined in the regulations of the Department
        of Transportation).
    (d) Drug testing
      (1) In general
        For purposes of this subchapter, a test to determine the
      illegal use of drugs shall not be considered a medical
      examination.
      (2) Construction
        Nothing in this subchapter shall be construed to encourage,
      prohibit, or authorize the conducting of drug testing for the
      illegal use of drugs by job applicants or employees or making
      employment decisions based on such test results.
    (e) Transportation employees
      Nothing in this subchapter shall be construed to encourage,
    prohibit, restrict, or authorize the otherwise lawful exercise by
    entities subject to the jurisdiction of the Department of
    Transportation of authority to - 
        (1) test employees of such entities in, and applicants for,
      positions involving safety-sensitive duties for the illegal use
      of drugs and for on-duty impairment by alcohol; and
        (2) remove such persons who test positive for illegal use of
      drugs and on-duty impairment by alcohol pursuant to paragraph (1)
      from safety-sensitive duties in implementing subsection (c) of
      this section.


Sec. 12115. Posting notices


      Every employer, employment agency, labor organization, or joint
    labor-management committee covered under this subchapter shall post
    notices in an accessible format to applicants, employees, and
    members describing the applicable provisions of this chapter, in
    the manner prescribed by section 2000e-10 of this title.


Sec. 12116. Regulations


      Not later than 1 year after July 26, 1990, the Commission shall
    issue regulations in an accessible format to carry out this
    subchapter in accordance with subchapter II of chapter 5 of title
    5.


Sec. 12117. Enforcement


    (a) Powers, remedies, and procedures
      The powers, remedies, and procedures set forth in sections
    2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9 of this title shall
    be the powers, remedies, and procedures this subchapter provides to
    the Commission, to the Attorney General, or to any person alleging
    discrimination on the basis of disability in violation of any
    provision of this chapter, or regulations promulgated under section
    12116 of this title, concerning employment.
    (b) Coordination
      The agencies with enforcement authority for actions which allege
    employment discrimination under this subchapter and under the
    Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall develop
    procedures to ensure that administrative complaints filed under
    this subchapter and under the Rehabilitation Act of 1973 are dealt
    with in a manner that avoids duplication of effort and prevents
    imposition of inconsistent or conflicting standards for the same
    requirements under this subchapter and the Rehabilitation Act of
    1973. The Commission, the Attorney General, and the Office of
    Federal Contract Compliance Programs shall establish such
    coordinating mechanisms (similar to provisions contained in the
    joint regulations promulgated by the Commission and the Attorney
    General at part 42 of title 28 and part 1691 of title 29, Code of
    Federal Regulations, and the Memorandum of Understanding between
    the Commission and the Office of Federal Contract Compliance
    Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23,
    1981)) in regulations implementing this subchapter and
    Rehabilitation Act of 1973 not later than 18 months after July 26,
    1990.


                      SUBCHAPTER II - PUBLIC SERVICES                  

      PART A - PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY
                           APPLICABLE PROVISIONS

Sec. 12131. Definitions


      As used in this subchapter:
      (1) Public entity
        The term "public entity" means - 
          (A) any State or local government;
          (B) any department, agency, special purpose district, or
        other instrumentality of a State or States or local government;
        and
          (C) the National Railroad Passenger Corporation, and any
        commuter authority (as defined in section 24102(4) (FN1) of
        title 49).

      (2) Qualified individual with a disability
        The term "qualified individual with a disability" means an
      individual with a disability who, with or without reasonable
      modifications to rules, policies, or practices, the removal of
      architectural, communication, or transportation barriers, or the
      provision of auxiliary aids and services, meets the essential
      eligibility requirements for the receipt of services or the
      participation in programs or activities provided by a public
      entity.

1 See References in Text note below.

Sec. 12132. Discrimination


      Subject to the provisions of this subchapter, no qualified
    individual with a disability shall, by reason of such disability,
    be excluded from participation in or be denied the benefits of the
    services, programs, or activities of a public entity, or be
    subjected to discrimination by any such entity.


Sec. 12133. Enforcement


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


Sec. 12134. Regulations


    (a) In general
      Not later than 1 year after July 26, 1990, the Attorney General
    shall promulgate regulations in an accessible format that implement
    this part. Such regulations shall not include any matter within the
    scope of the authority of the Secretary of Transportation under
    section 12143, 12149, or 12164 of this title.
    (b) Relationship to other regulations
      Except for "program accessibility, existing facilities", and
    "communications", regulations under subsection (a) of this section
    shall be consistent with this chapter and with the coordination
    regulations under part 41 of title 28, Code of Federal Regulations
    (as promulgated by the Department of Health, Education, and Welfare
    on January 13, 1978), applicable to recipients of Federal financial
    assistance under section 794 of title 29. With respect to "program
    accessibility, existing facilities", and "communications", such
    regulations shall be consistent with regulations and analysis as in
    part 39 of title 28 of the Code of Federal Regulations, applicable
    to federally conducted activities under section 794 of title 29.
    (c) Standards
      Regulations under subsection (a) of this section shall include
    standards applicable to facilities and vehicles covered by this
    part, other than facilities, stations, rail passenger cars, and
    vehicles covered by part B of this subchapter. Such standards shall
    be consistent with the minimum guidelines and requirements issued
    by the Architectural and Transportation Barriers Compliance Board
    in accordance with section 12204(a) of this title.


     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 bus,
      rail, or any other conveyance (other than transportation by
      aircraft or intercity or commuter rail transportation (as defined
      in section 12161 of this title)) that provides the general public
      with general or special service (including charter service) on a
      regular and continuing basis.
      (3) Fixed route system
        The term "fixed route system" means a system of providing
      designated public transportation on which a vehicle is operated
      along a prescribed route according to a fixed schedule.
      (4) Operates
        The term "operates", as used with respect to a fixed route
      system or demand responsive system, includes operation of such
      system by a person under a contractual or other arrangement or
      relationship with a public entity.
      (5) Public school transportation
        The term "public school transportation" means transportation by
      schoolbus vehicles of schoolchildren, personnel, and equipment to
      and from a public elementary or secondary school and
      school-related activities.
      (6) Secretary
        The term "Secretary" means the Secretary of Transportation.


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 bus,
    a new rapid rail vehicle, a new light rail vehicle, or any other
    new vehicle to be used on such system, if the solicitation for such
    purchase or lease is made after the 30th day following July 26,
    1990, and if such bus, rail vehicle, or other vehicle is not
    readily accessible to and usable by individuals with disabilities,
    including individuals who use wheelchairs.
    (b) Purchase and lease of used vehicles
      Subject to subsection (c)(1) of this section, it shall be
    considered discrimination for purposes of section 12132 of this
    title and section 794 of title 29 for a public entity which
    operates a fixed route system to purchase or lease, after the 30th
    day following July 26, 1990, a used vehicle for use on such system
    unless such entity makes demonstrated good faith efforts to
    purchase or lease a used vehicle for use on such system that is
    readily accessible to and usable by individuals with disabilities,
    including individuals who use wheelchairs.
    (c) Remanufactured vehicles
      (1) General rule
        Except as provided in paragraph (2), it shall be considered
      discrimination for purposes of section 12132 of this title and
      section 794 of title 29 for a public entity which operates a
      fixed route system - 
          (A) to remanufacture a vehicle for use on such system so as
        to extend its usable life for 5 years or more, which
        remanufacture begins (or for which the solicitation is made)
        after the 30th day following July 26, 1990; or
          (B) to purchase or lease for use on such system a
        remanufactured vehicle which has been remanufactured so as to
        extend its usable life for 5 years or more, which purchase or
        lease occurs after such 30th day and during the period in which
        the usable life is extended;

      unless, after remanufacture, the vehicle is, to the maximum
      extent feasible, readily accessible to and usable by individuals
      with disabilities, including individuals who use wheelchairs.
      (2) Exception for historic vehicles
        (A) General rule
          If a public entity operates a fixed route system any segment
        of which is included on the National Register of Historic
        Places and if making a vehicle of historic character to be used
        solely on such segment readily accessible to and usable by
        individuals with disabilities would significantly alter the
        historic character of such vehicle, the public entity only has
        to make (or to purchase or lease a remanufactured vehicle with)
        those modifications which are necessary to meet the
        requirements of paragraph (1) and which do not significantly
        alter the historic character of such vehicle.
        (B) Vehicles of historic character defined by regulations
          For purposes of this paragraph and section 12148(b) of this
        title, a vehicle of historic character shall be defined by the
        regulations issued by the Secretary to carry out this
        subsection.


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 system, in accordance
    with this section, paratransit and other special transportation
    services to individuals with disabilities, including individuals
    who use wheelchairs, that are sufficient to provide to such
    individuals a level of service (1) which is comparable to the level
    of designated public transportation services provided to
    individuals without disabilities using such system; or (2) in the
    case of response time, which is comparable, to the extent
    practicable, to the level of designated public transportation
    services provided to individuals without disabilities using such
    system.
    (b) Issuance of regulations
      Not later than 1 year after July 26, 1990, the Secretary shall
    issue final regulations to carry out this section.
    (c) Required contents of regulations
      (1) Eligible recipients of service
        The regulations issued under this section shall require each
      public entity which operates a fixed route system to provide the
      paratransit and other special transportation services required
      under this section - 
          (A)(i) to any individual with a disability who is unable, as
        a result of a physical or mental impairment (including a vision
        impairment) and without the assistance of another individual
        (except an operator of a wheelchair lift or other boarding
        assistance device), to board, ride, or disembark from any
        vehicle on the system which is readily accessible to and usable
        by individuals with disabilities;
          (ii) to any individual with a disability who needs the
        assistance of a wheelchair lift or other boarding assistance
        device (and is able with such assistance) to board, ride, and
        disembark from any vehicle which is readily accessible to and
        usable by individuals with disabilities if the individual wants
        to travel on a route on the system during the hours of
        operation of the system at a time (or within a reasonable
        period of such time) when such a vehicle is not being used to
        provide designated public transportation on the route; and
          (iii) to any individual with a disability who has a specific
        impairment-related condition which prevents such individual
        from traveling to a boarding location or from a disembarking
        location on such system;
          (B) to one other individual accompanying the individual with
        the disability; and
          (C) to other individuals, in addition to the one individual
        described in subparagraph (B), accompanying the individual with
        a disability provided that space for these additional
        individuals is available on the paratransit vehicle carrying
        the individual with a disability and that the transportation of
        such additional individuals will not result in a denial of
        service to individuals with disabilities.

      For purposes of clauses (i) and (ii) of subparagraph (A),
      boarding or disembarking from a vehicle does not include travel
      to the boarding location or from the disembarking location.
      (2) Service area
        The regulations issued under this section shall require the
      provision of paratransit and special transportation services
      required under this section in the service area of each public
      entity which operates a fixed route system, other than any
      portion of the service area in which the public entity solely
      provides commuter bus service.
      (3) Service criteria
        Subject to paragraphs (1) and (2), the regulations issued under
      this section shall establish minimum service criteria for
      determining the level of services to be required under this
      section.
      (4) Undue financial burden limitation
        The regulations issued under this section shall provide that,
      if the public entity is able to demonstrate to the satisfaction
      of the Secretary that the provision of paratransit and other
      special transportation services otherwise required under this
      section would impose an undue financial burden on the public
      entity, the public entity, notwithstanding any other provision of
      this section (other than paragraph (5)), shall only be required
      to provide such services to the extent that providing such
      services would not impose such a burden.
      (5) Additional services
        The regulations issued under this section shall establish
      circumstances under which the Secretary may require a public
      entity to provide, notwithstanding paragraph (4), paratransit and
      other special transportation services under this section beyond
      the level of paratransit and other special transportation
      services which would otherwise be required under paragraph (4).
      (6) Public participation
        The regulations issued under this section shall require that
      each public entity which operates a fixed route system hold a
      public hearing, provide an opportunity for public comment, and
      consult with individuals with disabilities in preparing its plan
      under paragraph (7).
      (7) Plans
        The regulations issued under this section shall require that
      each public entity which operates a fixed route system - 
          (A) within 18 months after July 26, 1990, submit to the
        Secretary, and commence implementation of, a plan for providing
        paratransit and other special transportation services which
        meets the requirements of this section; and
          (B) on an annual basis thereafter, submit to the Secretary,
        and commence implementation of, a plan for providing such
        services.
      (8) Provision of services by others
        The regulations issued under this section shall - 
          (A) require that a public entity submitting a plan to the
        Secretary under this section identify in the plan any person or
        other public entity which is providing a paratransit or other
        special transportation service for individuals with
        disabilities in the service area to which the plan applies; and
          (B) provide that the public entity submitting the plan does
        not have to provide under the plan such service for individuals
        with disabilities.
      (9) Other provisions
        The regulations issued under this section shall include such
      other provisions and requirements as the Secretary determines are
      necessary to carry out the objectives of this section.
    (d) Review of plan
      (1) General rule
        The Secretary shall review a plan submitted under this section
      for the purpose of determining whether or not such plan meets the
      requirements of this section, including the regulations issued
      under this section.
      (2) Disapproval
        If the Secretary determines that a plan reviewed under this
      subsection fails to meet the requirements of this section, the
      Secretary shall disapprove the plan and notify the public entity
      which submitted the plan of such disapproval and the reasons
      therefor.
      (3) Modification of disapproved plan
        Not later than 90 days after the date of disapproval of a plan
      under this subsection, the public entity which submitted the plan
      shall modify the plan to meet the requirements of this section
      and shall submit to the Secretary, and commence implementation
      of, such modified plan.
    (e) "Discrimination" defined
      As used in subsection (a) of this section, the term
    "discrimination" includes - 
        (1) a failure of a public entity to which the regulations
      issued under this section apply to submit, or commence
      implementation of, a plan in accordance with subsections (c)(6)
      and (c)(7) of this section;
        (2) a failure of such entity to submit, or commence
      implementation of, a modified plan in accordance with subsection
      (d)(3) of this section;
        (3) submission to the Secretary of a modified plan under
      subsection (d)(3) of this section which does not meet the
      requirements of this section; or
        (4) a failure of such entity to provide paratransit or other
      special transportation services in accordance with the plan or
      modified plan the public entity submitted to the Secretary under
      this section.
    (f) Statutory construction
      Nothing in this section shall be construed as preventing a public
    entity - 
        (1) from providing paratransit or other special transportation
      services at a level which is greater than the level of such
      services which are required by this section,
        (2) from providing paratransit or other special transportation
      services in addition to those paratransit and special
      transportation services required by this section, or
        (3) from providing such services to individuals in addition to
      those individuals to whom such services are required to be
      provided by this section.


Sec. 12144. Public entity operating a demand responsive system


      If a public entity operates a demand responsive system, it shall
    be considered discrimination, for purposes of section 12132 of this
    title and section 794 of title 29, for such entity to purchase or
    lease a new vehicle for use on such system, for which a
    solicitation is made after the 30th day following July 26, 1990,
    that is not readily accessible to and usable by individuals with
    disabilities, including individuals who use wheelchairs, unless
    such system, when viewed in its entirety, provides a level of
    service to such individuals equivalent to the level of service such
    system provides to individuals without disabilities.


Sec. 12145. Temporary relief where lifts are unavailable


    (a) Granting
      With respect to the purchase of new buses, a public entity may
    apply for, and the Secretary may temporarily relieve such public
    entity from the obligation under section 12142(a) or 12144 of this
    title to purchase new buses that are readily accessible to and
    usable by individuals with disabilities if such public entity
    demonstrates to the satisfaction of the Secretary - 
        (1) that the initial solicitation for new buses made by the
      public entity specified that all new buses were to be
      lift-equipped and were to be otherwise accessible to and usable
      by individuals with disabilities;
        (2) the unavailability from any qualified manufacturer of
      hydraulic, electromechanical, or other lifts for such new buses;
        (3) that the public entity seeking temporary relief has made
      good faith efforts to locate a qualified manufacturer to supply
      the lifts to the manufacturer of such buses in sufficient time to
      comply with such solicitation; and
        (4) that any further delay in purchasing new buses necessary to
      obtain such lifts would significantly impair transportation
      services in the community served by the public entity.
    (b) Duration and notice to Congress
      Any relief granted under subsection (a) of this section shall be
    limited in duration by a specified date, and the appropriate
    committees of Congress shall be notified of any such relief
    granted.
    (c) Fraudulent application
      If, at any time, the Secretary has reasonable cause to believe
    that any relief granted under subsection (a) of this section was
    fraudulently applied for, the Secretary shall - 
        (1) cancel such relief if such relief is still in effect; and
        (2) take such other action as the Secretary considers
      appropriate.


Sec. 12146. New facilities


      For purposes of section 12132 of this title and section 794 of
    title 29, it shall be considered discrimination for a public entity
    to construct a new facility to be used in the provision of
    designated public transportation services unless such facility is
    readily accessible to and usable by individuals with disabilities,
    including individuals who use wheelchairs.


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 thereof, it shall be considered discrimination, for
    purposes of section 12132 of this title and section 794 of title
    29, for a public entity to fail to make such alterations (or to
    ensure that the alterations are made) in such a manner that, to the
    maximum extent feasible, the altered portions of the facility are
    readily accessible to and usable by individuals with disabilities,
    including individuals who use wheelchairs, upon the completion of
    such alterations. Where the public entity is undertaking an
    alteration that affects or could affect usability of or access to
    an area of the facility containing a primary function, the entity
    shall also make the alterations in such a manner that, to the
    maximum extent feasible, the path of travel to the altered area and
    the bathrooms, telephones, and drinking fountains serving the
    altered area, are readily accessible to and usable by individuals
    with disabilities, including individuals who use wheelchairs, upon
    completion of such alterations, where such alterations to the path
    of travel or the bathrooms, telephones, and drinking fountains
    serving the altered area are not disproportionate to the overall
    alterations in terms of cost and scope (as determined under
    criteria established by the Attorney General).
    (b) Special rule for stations
      (1) General rule
        For purposes of section 12132 of this title and section 794 of
      title 29, it shall be considered discrimination for a public
      entity that provides designated public transportation to fail, in
      accordance with the provisions of this subsection, to make key
      stations (as determined under criteria established by the
      Secretary by regulation) in rapid rail and light rail systems
      readily accessible to and usable by individuals with
      disabilities, including individuals who use wheelchairs.
      (2) Rapid rail and light rail key stations
        (A) Accessibility
          Except as otherwise provided in this paragraph, all key
        stations (as determined under criteria established by the
        Secretary by regulation) in rapid rail and light rail systems
        shall be made readily accessible to and usable by individuals
        with disabilities, including individuals who use wheelchairs,
        as soon as practicable but in no event later than the last day
        of the 3-year period beginning on July 26, 1990.
        (B) Extension for extraordinarily expensive structural changes
          The Secretary may extend the 3-year period under subparagraph
        (A) up to a 30-year period for key stations in a rapid rail or
        light rail system which stations need extraordinarily expensive
        structural changes to, or replacement of, existing facilities;
        except that by the last day of the 20th year following July 26,
        1990, at least  2/3  of such key stations must be readily
        accessible to and usable by individuals with disabilities.
      (3) Plans and milestones
        The Secretary shall require the appropriate public entity to
      develop and submit to the Secretary a plan for compliance with
      this subsection - 
          (A) that reflects consultation with individuals with
        disabilities affected by such plan and the results of a public
        hearing and public comments on such plan, and
          (B) that establishes milestones for achievement of the
        requirements of this subsection.


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 services, it shall be considered
      discrimination, for purposes of section 12132 of this title and
      section 794 of title 29, for a public entity to fail to operate a
      designated public transportation program or activity conducted in
      such facilities so that, when viewed in the entirety, the program
      or activity is readily accessible to and usable by individuals
      with disabilities.
      (2) Exception
        Paragraph (1) shall not require a public entity to make
      structural changes to existing facilities in order to make such
      facilities accessible to individuals who use wheelchairs, unless
      and to the extent required by section 12147(a) of this title
      (relating to alterations) or section 12147(b) of this title
      (relating to key stations).
      (3) Utilization
        Paragraph (1) shall not require a public entity to which
      paragraph (2) applies, to provide to individuals who use
      wheelchairs services made available to the general public at such
      facilities when such individuals could not utilize or benefit
      from such services provided at such facilities.
    (b) One car per train rule
      (1) General rule
        Subject to paragraph (2), with respect to 2 or more vehicles
      operated as a train by a light or rapid rail system, for purposes
      of section 12132 of this title and section 794 of title 29, it
      shall be considered discrimination for a public entity to fail to
      have at least 1 vehicle per train that is accessible to
      individuals with disabilities, including individuals who use
      wheelchairs, as soon as practicable but in no event later than
      the last day of the 5-year period beginning on the effective date
      of this section.
      (2) Historic trains
        In order to comply with paragraph (1) with respect to the
      remanufacture of a vehicle of historic character which is to be
      used on a segment of a light or rapid rail system which is
      included on the National Register of Historic Places, if making
      such vehicle readily accessible to and usable by individuals with
      disabilities would significantly alter the historic character of
      such vehicle, the public entity which operates such system only
      has to make (or to purchase or lease a remanufactured vehicle
      with) those modifications which are necessary to meet the
      requirements of section 12142(c)(1) of this title and which do
      not significantly alter the historic character of such vehicle.


Sec. 12149. Regulations


    (a) In general
      Not later than 1 year after July 26, 1990, the Secretary of
    Transportation shall issue regulations, in an accessible format,
    necessary for carrying out this subpart (other than section 12143
    of this title).
    (b) Standards
      The regulations issued under this section and section 12143 of
    this title shall include standards applicable to facilities and
    vehicles covered by this part. The standards shall be consistent
    with the minimum guidelines and requirements issued by the
    Architectural and Transportation Barriers Compliance Board in
    accordance with section 12204 of this title.


Sec. 12150. Interim accessibility requirements


      If final regulations have not been issued pursuant to section
    12149 of this title, for new construction or alterations for which
    a valid and appropriate State or local building permit is obtained
    prior to the issuance of final regulations under such section, and
    for which the construction or alteration authorized by such permit
    begins within one year of the receipt of such permit and is
    completed under the terms of such permit, compliance with the
    Uniform Federal Accessibility Standards in effect at the time the
    building permit is issued shall suffice to satisfy the requirement
    that facilities be readily accessible to and usable by persons with
    disabilities as required under sections 12146 and 12147 of this
    title, except that, if such final regulations have not been issued
    one year after the Architectural and Transportation Barriers
    Compliance Board has issued the supplemental minimum guidelines
    required under section 12204(a) of this title, compliance with such
    supplemental minimum guidelines shall be necessary to satisfy the
    requirement that facilities be readily accessible to and usable by
    persons with disabilities prior to issuance of the final
    regulations.


     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) (FN1) 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) (FN1) of title 49.
      (3) Intercity rail transportation
        The term "intercity rail transportation" means transportation
      provided by the National Railroad Passenger Corporation.
      (4) Rail passenger car
        The term "rail passenger car" means, with respect to intercity
      rail transportation, single-level and bi-level coach cars,
      single-level and bi-level dining cars, single-level and bi-level
      sleeping cars, single-level and bi-level lounge cars, and food
      service cars.
      (5) Responsible person
        The term "responsible person" means - 
          (A) in the case of a station more than 50 percent of which is
        owned by a public entity, such public entity;
          (B) in the case of a station more than 50 percent of which is
        owned by a private party, the persons providing intercity or
        commuter rail transportation to such station, as allocated on
        an equitable basis by regulation by the Secretary of
        Transportation; and
          (C) in a case where no party owns more than 50 percent of a
        station, the persons providing intercity or commuter rail
        transportation to such station and the owners of the station,
        other than private party owners, as allocated on an equitable
        basis by regulation by the Secretary of Transportation.
      (6) Station
        The term "station" means the portion of a property located
      appurtenant to a right-of-way on which intercity or commuter rail
      transportation is operated, where such portion is used by the
      general public and is related to the provision of such
      transportation, including passenger platforms, designated waiting
      areas, ticketing areas, restrooms, and, where a public entity
      providing rail transportation owns the property, concession
      areas, to the extent that such public entity exercises control
      over the selection, design, construction, or alteration of the
      property, but such term does not include flag stops.

1 See References in Text note below.


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 disabilities, including individuals
      who use wheelchairs, in accordance with regulations issued under
      section 12164 of this title, as soon as practicable, but in no
      event later than 5 years after July 26, 1990.
      (2) New intercity cars
        (A) General rule
          Except as otherwise provided in this subsection with respect
        to individuals who use wheelchairs, it shall be considered
        discrimination for purposes of section 12132 of this title and
        section 794 of title 29 for a person to purchase or lease any
        new rail passenger cars for use in intercity rail
        transportation, and for which a solicitation is made later than
        30 days after July 26, 1990, unless all such rail cars are
        readily accessible to and usable by individuals with
        disabilities, including individuals who use wheelchairs, as
        prescribed by the Secretary of Transportation in regulations
        issued under section 12164 of this title.
        (B) Special rule for single-level passenger coaches for
          individuals who use wheelchairs
          Single-level passenger coaches shall be required to - 
            (i) be able to be entered by an individual who uses a
          wheelchair;
            (ii) have space to park and secure a wheelchair;
            (iii) have a seat to which a passenger in a wheelchair can
          transfer, and a space to fold and store such passenger's
          wheelchair; and
            (iv) have a restroom usable by an individual who uses a
          wheelchair,

        only to the extent provided in paragraph (3).
        (C) Special rule for single-level dining cars for individuals
          who use wheelchairs
          Single-level dining cars shall not be required to - 
            (i) be able to be entered from the station platform by an
          individual who uses a wheelchair; or
            (ii) have a restroom usable by an individual who uses a
          wheelchair if no restroom is provided in such car for any
          passenger.
        (D) Special rule for bi-level dining cars for individuals who
          use wheelchairs
          Bi-level dining cars shall not be required to - 
            (i) be able to be entered by an individual who uses a
          wheelchair;
            (ii) have space to park and secure a wheelchair;
            (iii) have a seat to which a passenger in a wheelchair can
          transfer, or a space to fold and store such passenger's
          wheelchair; or
            (iv) have a restroom usable by an individual who uses a
          wheelchair.
      (3) Accessibility of single-level coaches
        (A) General rule
          It shall be considered discrimination for purposes of section
        12132 of this title and section 794 of title 29 for a person
        who provides intercity rail transportation to fail to have on
        each train which includes one or more single-level rail
        passenger coaches - 
            (i) a number of spaces - 
              (I) to park and secure wheelchairs (to accommodate
            individuals who wish to remain in their wheelchairs) equal
            to not less than one-half of the number of single-level
            rail passenger coaches in such train; and
              (II) to fold and store wheelchairs (to accommodate
            individuals who wish to transfer to coach seats) equal to
            not less than one-half of the number of single-level rail
            passenger coaches in such train,

          as soon as practicable, but in no event later than 5 years
          after July 26, 1990; and
            (ii) a number of spaces - 
              (I) to park and secure wheelchairs (to accommodate
            individuals who wish to remain in their wheelchairs) equal
            to not less than the total number of single-level rail
            passenger coaches in such train; and
              (II) to fold and store wheelchairs (to accommodate
            individuals who wish to transfer to coach seats) equal to
            not less than the total number of single-level rail
            passenger coaches in such train,

          as soon as practicable, but in no event later than 10 years
          after July 26, 1990.
        (B) Location
          Spaces required by subparagraph (A) shall be located in
        single-level rail passenger coaches or food service cars.
        (C) Limitation
          Of the number of spaces required on a train by subparagraph
        (A), not more than two spaces to park and secure wheelchairs
        nor more than two spaces to fold and store wheelchairs shall be
        located in any one coach or food service car.
        (D) Other accessibility features
          Single-level rail passenger coaches and food service cars on
        which the spaces required by subparagraph (A) are located shall
        have a restroom usable by an individual who uses a wheelchair
        and shall be able to be entered from the station platform by an
        individual who uses a wheelchair.
      (4) Food service
        (A) Single-level dining cars
          On any train in which a single-level dining car is used to
        provide food service - 
            (i) if such single-level dining car was purchased after
          July 26, 1990, table service in such car shall be provided to
          a passenger who uses a wheelchair if - 
              (I) the car adjacent to the end of the dining car through
            which a wheelchair may enter is itself accessible to a
            wheelchair;
              (II) such passenger can exit to the platform from the car
            such passenger occupies, move down the platform, and enter
            the adjacent accessible car described in subclause (I)
            without the necessity of the train being moved within the
            station; and
              (III) space to park and secure a wheelchair is available
            in the dining car at the time such passenger wishes to eat
            (if such passenger wishes to remain in a wheelchair), or
            space to store and fold a wheelchair is available in the
            dining car at the time such passenger wishes to eat (if
            such passenger wishes to transfer to a dining car seat);
            and

            (ii) appropriate auxiliary aids and services, including a
          hard surface on which to eat, shall be provided to ensure
          that other equivalent food service is available to
          individuals with disabilities, including individuals who use
          wheelchairs, and to passengers traveling with such
          individuals.

        Unless not practicable, a person providing intercity rail
        transportation shall place an accessible car adjacent to the
        end of a dining car described in clause (i) through which an
        individual who uses a wheelchair may enter.
        (B) Bi-level dining cars
          On any train in which a bi-level dining car is used to
        provide food service - 
            (i) if such train includes a bi-level lounge car purchased
          after July 26, 1990, table service in such lounge car shall
          be provided to individuals who use wheelchairs and to other
          passengers; and
            (ii) appropriate auxiliary aids and services, including a
          hard surface on which to eat, shall be provided to ensure
          that other equivalent food service is available to
          individuals with disabilities, including individuals who use
          wheelchairs, and to passengers traveling with such
          individuals.
    (b) Commuter rail transportation
      (1) One car per train rule
        It shall be considered discrimination for purposes of section
      12132 of this title and section 794 of title 29 for a person who
      provides commuter rail transportation to fail to have at least
      one passenger car per train that is readily accessible to and
      usable by individuals with disabilities, including individuals
      who use wheelchairs, in accordance with regulations issued under
      section 12164 of this title, as soon as practicable, but in no
      event later than 5 years after July 26, 1990.
      (2) New commuter rail cars
        (A) General rule
          It shall be considered discrimination for purposes of section
        12132 of this title and section 794 of title 29 for a person to
        purchase or lease any new rail passenger cars for use in
        commuter rail transportation, and for which a solicitation is
        made later than 30 days after July 26, 1990, unless all such
        rail cars are readily accessible to and usable by individuals
        with disabilities, including individuals who use wheelchairs,
        as prescribed by the Secretary of Transportation in regulations
        issued under section 12164 of this title.
        (B) Accessibility
          For purposes of section 12132 of this title and section 794
        of title 29, a requirement that a rail passenger car used in
        commuter rail transportation be accessible to or readily
        accessible to and usable by individuals with disabilities,
        including individuals who use wheelchairs, shall not be
        construed to require - 
            (i) a restroom usable by an individual who uses a
          wheelchair if no restroom is provided in such car for any
          passenger;
            (ii) space to fold and store a wheelchair; or
            (iii) a seat to which a passenger who uses a wheelchair can
          transfer.
    (c) Used rail cars
      It shall be considered discrimination for purposes of section
    12132 of this title and section 794 of title 29 for a person to
    purchase or lease a used rail passenger car for use in intercity or
    commuter rail transportation, unless such person makes demonstrated
    good faith efforts to purchase or lease a used rail car that is
    readily accessible to and usable by individuals with disabilities,
    including individuals who use wheelchairs, as prescribed by the
    Secretary of Transportation in regulations issued under section
    12164 of this title.
    (d) Remanufactured rail cars
      (1) Remanufacturing
        It shall be considered discrimination for purposes of section
      12132 of this title and section 794 of title 29 for a person to
      remanufacture a rail passenger car for use in intercity or
      commuter rail transportation so as to extend its usable life for
      10 years or more, unless the rail car, to the maximum extent
      feasible, is made readily accessible to and usable by individuals
      with disabilities, including individuals who use wheelchairs, as
      prescribed by the Secretary of Transportation in regulations
      issued under section 12164 of this title.
      (2) Purchase or lease
        It shall be considered discrimination for purposes of section
      12132 of this title and section 794 of title 29 for a person to
      purchase or lease a remanufactured rail passenger car for use in
      intercity or commuter rail transportation unless such car was
      remanufactured in accordance with paragraph (1).
    (e) Stations
      (1) New stations
        It shall be considered discrimination for purposes of section
      12132 of this title and section 794 of title 29 for a person to
      build a new station for use in intercity or commuter rail
      transportation that is not readily accessible to and usable by
      individuals with disabilities, including individuals who use
      wheelchairs, as prescribed by the Secretary of Transportation in
      regulations issued under section 12164 of this title.
      (2) Existing stations
        (A) Failure to make readily accessible
          (i) General rule
            It shall be considered discrimination for purposes of
          section 12132 of this title and section 794 of title 29 for a
          responsible person to fail to make existing stations in the
          intercity rail transportation system, and existing key
          stations in commuter rail transportation systems, readily
          accessible to and usable by individuals with disabilities,
          including individuals who use wheelchairs, as prescribed by
          the Secretary of Transportation in regulations issued under
          section 12164 of this title.
          (ii) Period for compliance
            (I) Intercity rail
              All stations in the intercity rail transportation system
            shall be made readily accessible to and usable by
            individuals with disabilities, including individuals who
            use wheelchairs, as soon as practicable, but in no event
            later than 20 years after July 26, 1990.
            (II) Commuter rail
              Key stations in commuter rail transportation systems
            shall be made readily accessible to and usable by
            individuals with disabilities, including individuals who
            use wheelchairs, as soon as practicable but in no event
            later than 3 years after July 26, 1990, except that the
            time limit may be extended by the Secretary of
            Transportation up to 20 years after July 26, 1990, in a
            case where the raising of the entire passenger platform is
            the only means available of attaining accessibility or
            where other extraordinarily expensive structural changes
            are necessary to attain accessibility.
          (iii) Designation of key stations
            Each commuter authority shall designate the key stations in
          its commuter rail transportation system, in consultation with
          individuals with disabilities and organizations representing
          such individuals, taking into consideration such factors as
          high ridership and whether such station serves as a transfer
          or feeder station. Before the final designation of key
          stations under this clause, a commuter authority shall hold a
          public hearing.
          (iv) Plans and milestones
            The Secretary of Transportation shall require the
          appropriate person to develop a plan for carrying out this
          subparagraph that reflects consultation with individuals with
          disabilities affected by such plan and that establishes
          milestones for achievement of the requirements of this
          subparagraph.
        (B) Requirement when making alterations
          (i) General rule
            It shall be considered discrimination, for purposes of
          section 12132 of this title and section 794 of title 29, with
          respect to alterations of an existing station or part thereof
          in the intercity or commuter rail transportation systems that
          affect or could affect the usability of the station or part
          thereof, for the responsible person, owner, or person in
          control of the station to fail to make the alterations in
          such a manner that, to the maximum extent feasible, the
          altered portions of the station are readily accessible to and
          usable by individuals with disabilities, including
          individuals who use wheelchairs, upon completion of such
          alterations.
          (ii) Alterations to a primary function area
            It shall be considered discrimination, for purposes of
          section 12132 of this title and section 794 of title 29, with
          respect to alterations that affect or could affect the
          usability of or access to an area of the station containing a
          primary function, for the responsible person, owner, or
          person in control of the station to fail to make the
          alterations in such a manner that, to the maximum extent
          feasible, the path of travel to the altered area, and the
          bathrooms, telephones, and drinking fountains serving the
          altered area, are readily accessible to and usable by
          individuals with disabilities, including individuals who use
          wheelchairs, upon completion of such alterations, where such
          alterations to the path of travel or the bathrooms,
          telephones, and drinking fountains serving the altered area
          are not disproportionate to the overall alterations in terms
          of cost and scope (as determined under criteria established
          by the Attorney General).
        (C) Required cooperation
          It shall be considered discrimination for purposes of section
        12132 of this title and section 794 of title 29 for an owner,
        or person in control, of a station governed by subparagraph (A)
        or (B) to fail to provide reasonable cooperation to a
        responsible person with respect to such station in that
        responsible person's efforts to comply with such subparagraph.
        An owner, or person in control, of a station shall be liable to
        a responsible person for any failure to provide reasonable
        cooperation as required by this subparagraph. Failure to
        receive reasonable cooperation required by this subparagraph
        shall not be a defense to a claim of discrimination under this
        chapter.


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(a) of this title.


Sec. 12164. Regulations


      Not later than 1 year after July 26, 1990, the Secretary of
    Transportation shall issue regulations, in an accessible format,
    necessary for carrying out this subpart.


Sec. 12165. Interim accessibility requirements


    (a) Stations
      If final regulations have not been issued pursuant to section
    12164 of this title, for new construction or alterations for which
    a valid and appropriate State or local building permit is obtained
    prior to the issuance of final regulations under such section, and
    for which the construction or alteration authorized by such permit
    begins within one year of the receipt of such permit and is
    completed under the terms of such permit, compliance with the
    Uniform Federal Accessibility Standards in effect at the time the
    building permit is issued shall suffice to satisfy the requirement
    that stations be readily accessible to and usable by persons with
    disabilities as required under section 12162(e) of this title,
    except that, if such final regulations have not been issued one
    year after the Architectural and Transportation Barriers Compliance
    Board has issued the supplemental minimum guidelines required under
    section 12204(a) of this title, compliance with such supplemental
    minimum guidelines shall be necessary to satisfy the requirement
    that stations be readily accessible to and usable by persons with
    disabilities prior to issuance of the final regulations.
    (b) Rail passenger cars
      If final regulations have not been issued pursuant to section
    12164 of this title, a person shall be considered to have complied
    with the requirements of section 12162(a) through (d) of this title
    that a rail passenger car be readily accessible to and usable by
    individuals with disabilities, if the design for such car complies
    with the laws and regulations (including the Minimum Guidelines and
    Requirements for Accessible Design and such supplemental minimum
    guidelines as are issued under section 12204(a) of this title)
    governing accessibility of such cars, to the extent that such laws
    and regulations are not inconsistent with this subpart and are in
    effect at the time such design is substantially completed.


      SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY
                             PRIVATE ENTITIES

Sec. 12181. Definitions


      As used in this subchapter:
      (1) Commerce
        The term "commerce" means travel, trade, traffic, commerce,
      transportation, or communication - 
          (A) among the several States;
          (B) between any foreign country or any territory or
        possession and any State; or
          (C) between points in the same State but through another
        State or foreign country.
      (2) Commercial facilities
        The term "commercial facilities" means facilities - 
          (A) that are intended for nonresidential use; and
          (B) whose operations will affect commerce.

      Such term shall not include railroad locomotives, railroad
      freight cars, railroad cabooses, railroad cars described in
      section 12162 of this title or covered under this subchapter,
      railroad rights-of-way, or facilities that are covered or
      expressly exempted from coverage under the Fair Housing Act of
      1968 (FN1) (42 U.S.C. 3601 et seq.).

      (3) Demand responsive system
        The term "demand responsive system" means any system of
      providing transportation of individuals by a vehicle, other than
      a system which is a fixed route system.
      (4) Fixed route system
        The term "fixed route system" means a system of providing
      transportation of individuals (other than by aircraft) on which a
      vehicle is operated along a prescribed route according to a fixed
      schedule.
      (5) Over-the-road bus
        The term "over-the-road bus" means a bus characterized by an
      elevated passenger deck located over a baggage compartment.
      (6) Private entity
        The term "private entity" means any entity other than a public
      entity (as defined in section 12131(1) of this title).
      (7) Public accommodation
        The following private entities are considered public
      accommodations for purposes of this subchapter, if the operations
      of such entities affect commerce - 
          (A) an inn, hotel, motel, or other place of lodging, except
        for an establishment located within a building that contains
        not more than five rooms for rent or hire and that is actually
        occupied by the proprietor of such establishment as the
        residence of such proprietor;
          (B) a restaurant, bar, or other establishment serving food or
        drink;
          (C) a motion picture house, theater, concert hall, stadium,
        or other place of exhibition or entertainment;
          (D) an auditorium, convention center, lecture hall, or other
        place of public gathering;
          (E) a bakery, grocery store, clothing store, hardware store,
        shopping center, or other sales or rental establishment;
          (F) a laundromat, dry-cleaner, bank, barber shop, beauty
        shop, travel service, shoe repair service, funeral parlor, gas
        station, office of an accountant or lawyer, pharmacy, insurance
        office, professional office of a health care provider,
        hospital, or other service establishment;
          (G) a terminal, depot, or other station used for specified
        public transportation;
          (H) a museum, library, gallery, or other place of public
        display or collection;
          (I) a park, zoo, amusement park, or other place of
        recreation;
          (J) a nursery, elementary, secondary, undergraduate, or
        postgraduate private school, or other place of education;
          (K) a day care center, senior citizen center, homeless
        shelter, food bank, adoption agency, or other social service
        center establishment; and
          (L) a gymnasium, health spa, bowling alley, golf course, or
        other place of exercise or recreation.
      (8) Rail and railroad
        The terms "rail" and "railroad" have the meaning given the term
      "railroad" in section 20102(1) of title 49.
      (9) Readily achievable
        The term "readily achievable" means easily accomplishable and
      able to be carried out without much difficulty or expense. In
      determining whether an action is readily achievable, factors to
      be considered include - 
          (A) the nature and cost of the action needed under this
        chapter;
          (B) the overall financial resources of the facility or
        facilities involved in the action; the number of persons
        employed at such facility; the effect on expenses and
        resources, or the impact otherwise of such action upon the
        operation of the facility;
          (C) the overall financial resources of the covered entity;
        the overall size of the business of a covered entity with
        respect to the number of its employees; the number, type, and
        location of its facilities; and
          (D) the type of operation or operations of the covered
        entity, including the composition, structure, and functions of
        the workforce of such entity; the geographic separateness,
        administrative or fiscal relationship of the facility or
        facilities in question to the covered entity.
      (10) Specified public transportation
        The term "specified public transportation" means transportation
      by bus, rail, or any other conveyance (other than by aircraft)
      that provides the general public with general or special service
      (including charter service) on a regular and continuing basis.
      (11) Vehicle
        The term "vehicle" does not include a rail passenger car,
      railroad locomotive, railroad freight car, railroad caboose, or a
      railroad car described in section 12162 of this title or covered
      under this subchapter.

1 See References in Text note below.


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 goods, services,
    facilities, privileges, advantages, or accommodations of any place
    of public accommodation by any person who owns, leases (or leases
    to), or operates a place of public accommodation.
    (b) Construction
      (1) General prohibition
        (A) Activities
          (i) Denial of participation
            It shall be discriminatory to subject an individual or
          class of individuals on the basis of a disability or
          disabilities of such individual or class, directly, or
          through contractual, licensing, or other arrangements, to a
          denial of the opportunity of the individual or class to
          participate in or benefit from the goods, services,
          facilities, privileges, advantages, or accommodations of an
          entity.
          (ii) Participation in unequal benefit
            It shall be discriminatory to afford an individual or class
          of individuals, on the basis of a disability or disabilities
          of such individual or class, directly, or through
          contractual, licensing, or other arrangements with the
          opportunity to participate in or benefit from a good,
          service, facility, privilege, advantage, or accommodation
          that is not equal to that afforded to other individuals.
          (iii) Separate benefit
            It shall be discriminatory to provide an individual or
          class of individuals, on the basis of a disability or
          disabilities of such individual or class, directly, or
          through contractual, licensing, or other arrangements with a
          good, service, facility, privilege, advantage, or
          accommodation that is different or separate from that
          provided to other individuals, unless such action is
          necessary to provide the individual or class of individuals
          with a good, service, facility, privilege, advantage, or
          accommodation, or other opportunity that is as effective as
          that provided to others.
          (iv) Individual or class of individuals
            For purposes of clauses (i) through (iii) of this
          subparagraph, the term "individual or class of individuals"
          refers to the clients or customers of the covered public
          accommodation that enters into the contractual, licensing or
          other arrangement.
        (B) Integrated settings
          Goods, services, facilities, privileges, advantages, and
        accommodations shall be afforded to an individual with a
        disability in the most integrated setting appropriate to the
        needs of the individual.
        (C) Opportunity to participate
          Notwithstanding the existence of separate or different
        programs or activities provided in accordance with this
        section, an individual with a disability shall not be denied
        the opportunity to participate in such programs or activities
        that are not separate or different.
        (D) Administrative methods
          An individual or entity shall not, directly or through
        contractual or other arrangements, utilize standards or
        criteria or methods of administration - 
            (i) that have the effect of discriminating on the basis of
          disability; or
            (ii) that perpetuate the discrimination of others who are
          subject to common administrative control.
        (E) Association
          It shall be discriminatory to exclude or otherwise deny equal
        goods, services, facilities, privileges, advantages,
        accommodations, or other opportunities to an individual or
        entity because of the known disability of an individual with
        whom the individual or entity is known to have a relationship
        or association.
      (2) Specific prohibitions
        (A) Discrimination
          For purposes of subsection (a) of this section,
        discrimination includes - 
            (i) the imposition or application of eligibility criteria
          that screen out or tend to screen out an individual with a
          disability or any class of individuals with disabilities from
          fully and equally enjoying any goods, services, facilities,
          privileges, advantages, or accommodations, unless such
          criteria can be shown to be necessary for the provision of
          the goods, services, facilities, privileges, advantages, or
          accommodations being offered;
            (ii) a failure to make reasonable modifications in
          policies, practices, or procedures, when such modifications
          are necessary to afford such goods, services, facilities,
          privileges, advantages, or accommodations to individuals with
          disabilities, unless the entity can demonstrate that making
          such modifications would fundamentally alter the nature of
          such goods, services, facilities, privileges, advantages, or
          accommodations;
            (iii) a failure to take such steps as may be necessary to
          ensure that no individual with a disability is excluded,
          denied services, segregated or otherwise treated differently
          than other individuals because of the absence of auxiliary
          aids and services, unless the entity can demonstrate that
          taking such steps would fundamentally alter the nature of the
          good, service, facility, privilege, advantage, or
          accommodation being offered or would result in an undue
          burden;
            (iv) a failure to remove architectural barriers, and
          communication barriers that are structural in nature, in
          existing facilities, and transportation barriers in existing
          vehicles and rail passenger cars used by an establishment for
          transporting individuals (not including barriers that can
          only be removed through the retrofitting of vehicles or rail
          passenger cars by the installation of a hydraulic or other
          lift), where such removal is readily achievable; and
            (v) where an entity can demonstrate that the removal of a
          barrier under clause (iv) is not readily achievable, a
          failure to make such goods, services, facilities, privileges,
          advantages, or accommodations available through alternative
          methods if such methods are readily achievable.
        (B) Fixed route system
          (i) Accessibility
            It shall be considered discrimination for a private entity
          which operates a fixed route system and which is not subject
          to section 12184 of this title to purchase or lease a vehicle
          with a seating capacity in excess of 16 passengers (including
          the driver) for use on such system, for which a solicitation
          is made after the 30th day following the effective date of
          this subparagraph, that is not readily accessible to and
          usable by individuals with disabilities, including
          individuals who use wheelchairs.
          (ii) Equivalent service
            If a private entity which operates a fixed route system and
          which is not subject to section 12184 of this title purchases
          or leases a vehicle with a seating capacity of 16 passengers
          or less (including the driver) for use on such system after
          the effective date of this subparagraph that is not readily
          accessible to or usable by individuals with disabilities, it
          shall be considered discrimination for such entity to fail to
          operate such system so that, when viewed in its entirety,
          such system ensures a level of service to individuals with
          disabilities, including individuals who use wheelchairs,
          equivalent to the level of service provided to individuals
          without disabilities.
        (C) Demand responsive system
          For purposes of subsection (a) of this section,
        discrimination includes - 
            (i) a failure of a private entity which operates a demand
          responsive system and which is not subject to section 12184
          of this title to operate such system so that, when viewed in
          its entirety, such system ensures a level of service to
          individuals with disabilities, including individuals who use
          wheelchairs, equivalent to the level of service provided to
          individuals without disabilities; and
            (ii) the purchase or lease by such entity for use on such
          system of a vehicle with a seating capacity in excess of 16
          passengers (including the driver), for which solicitations
          are made after the 30th day following the effective date of
          this subparagraph, that is not readily accessible to and
          usable by individuals with disabilities (including
          individuals who use wheelchairs) unless such entity can
          demonstrate that such system, when viewed in its entirety,
          provides a level of service to individuals with disabilities
          equivalent to that provided to individuals without
          disabilities.
        (D) Over-the-road buses
          (i) Limitation on applicability
            Subparagraphs (B) and (C) do not apply to over-the-road
          buses.
          (ii) Accessibility requirements
            For purposes of subsection (a) of this section,
          discrimination includes (I) the purchase or lease of an
          over-the-road bus which does not comply with the regulations
          issued under section 12186(a)(2) of this title by a private
          entity which provides transportation of individuals and which
          is not primarily engaged in the business of transporting
          people, and (II) any other failure of such entity to comply
          with such regulations.
      (3) Specific construction
        Nothing in this subchapter shall require an entity to permit an
      individual to participate in or benefit from the goods, services,
      facilities, privileges, advantages and accommodations of such
      entity where such individual poses a direct threat to the health
      or safety of others. The term "direct threat" means a significant
      risk to the health or safety of others that cannot be eliminated
      by a modification of policies, practices, or procedures or by the
      provision of auxiliary aids or services.


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


    (a) Application of term
      Except as provided in subsection (b) of this section, as applied
    to public accommodations and commercial facilities, discrimination
    for purposes of section 12182(a) of this title includes - 
        (1) a failure to design and construct facilities for first
      occupancy later than 30 months after July 26, 1990, that are
      readily accessible to and usable by individuals with
      disabilities, except where an entity can demonstrate that it is
      structurally impracticable to meet the requirements of such
      subsection in accordance with standards set forth or incorporated
      by reference in regulations issued under this subchapter; and
        (2) with respect to a facility or part thereof that is altered
      by, on behalf of, or for the use of an establishment in a manner
      that affects or could affect the usability of the facility or
      part thereof, a failure to make alterations in such a manner
      that, to the maximum extent feasible, the altered portions of the
      facility are readily accessible to and usable by individuals with
      disabilities, including individuals who use wheelchairs. Where
      the entity is undertaking an alteration that affects or could
      affect usability of or access to an area of the facility
      containing a primary function, the entity shall also make the
      alterations in such a manner that, to the maximum extent
      feasible, the path of travel to the altered area and the
      bathrooms, telephones, and drinking fountains serving the altered
      area, are readily accessible to and usable by individuals with
      disabilities where such alterations to the path of travel or the
      bathrooms, telephones, and drinking fountains serving the altered
      area are not disproportionate to the overall alterations in terms
      of cost and scope (as determined under criteria established by
      the Attorney General).
    (b) Elevator
      Subsection (a) of this section shall not be construed to require
    the installation of an elevator for facilities that are less than
    three stories or have less than 3,000 square feet per story unless
    the building is a shopping center, a shopping mall, or the
    professional office of a health care provider or unless the
    Attorney General determines that a particular category of such
    facilities requires the installation of elevators based on the
    usage of such facilities.


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 section, discrimination
    includes - 
        (1) the imposition or application by a (FN1) entity described in
      subsection (a) of this section of eligibility criteria that
      screen out or tend to screen out an individual with a disability
      or any class of individuals with disabilities from fully enjoying
      the specified public transportation services provided by the
      entity, unless such criteria can be shown to be necessary for the
      provision of the services being offered;

        (2) the failure of such entity to - 
          (A) make reasonable modifications consistent with those
        required under section 12182(b)(2)(A)(ii) of this title;
          (B) provide auxiliary aids and services consistent with the
        requirements of section 12182(b)(2)(A)(iii) of this title; and
          (C) remove barriers consistent with the requirements of
        section 12182(b)(2)(A) of this title and with the requirements
        of section 12183(a)(2) of this title;

        (3) the purchase or lease by such entity of a new vehicle
      (other than an automobile, a van with a seating capacity of less
      than 8 passengers, including the driver, or an over-the-road bus)
      which is to be used to provide specified public transportation
      and for which a solicitation is made after the 30th day following
      the effective date of this section, that is not readily
      accessible to and usable by individuals with disabilities,
      including individuals who use wheelchairs; except that the new
      vehicle need not be readily accessible to and usable by such
      individuals if the new vehicle is to be used solely in a demand
      responsive system and if the entity can demonstrate that such
      system, when viewed in its entirety, provides a level of service
      to such individuals equivalent to the level of service provided
      to the general public;
        (4)(A) the purchase or lease by such entity of an over-the-road
      bus which does not comply with the regulations issued under
      section 12186(a)(2) of this title; and
        (B) any other failure of such entity to comply with such
      regulations; and
        (5) the purchase or lease by such entity of a new van with a
      seating capacity of less than 8 passengers, including the driver,
      which is to be used to provide specified public transportation
      and for which a solicitation is made after the 30th day following
      the effective date of this section that is not readily accessible
      to or usable by individuals with disabilities, including
      individuals who use wheelchairs; except that the new van need not
      be readily accessible to and usable by such individuals if the
      entity can demonstrate that the system for which the van is being
      purchased or leased, when viewed in its entirety, provides a
      level of service to such individuals equivalent to the level of
      service provided to the general public;
        (6) the purchase or lease by such entity of a new rail
      passenger car that is to be used to provide specified public
      transportation, and for which a solicitation is made later than
      30 days after the effective date of this paragraph, that is not
      readily accessible to and usable by individuals with
      disabilities, including individuals who use wheelchairs; and
        (7) the remanufacture by such entity of a rail passenger car
      that is to be used to provide specified public transportation so
      as to extend its usable life for 10 years or more, or the
      purchase or lease by such entity of such a rail car, unless the
      rail car, to the maximum extent feasible, is made readily
      accessible to and usable by individuals with disabilities,
      including individuals who use wheelchairs.
    (c) Historical or antiquated cars
      (1) Exception
        To the extent that compliance with subsection (b)(2)(C) or
      (b)(7) of this section would significantly alter the historic or
      antiquated character of a historical or antiquated rail passenger
      car, or a rail station served exclusively by such cars, or would
      result in violation of any rule, regulation, standard, or order
      issued by the Secretary of Transportation under the Federal
      Railroad Safety Act of 1970, such compliance shall not be
      required.
      (2) Definition
        As used in this subsection, the term "historical or antiquated
      rail passenger car" means a rail passenger car - 
          (A) which is not less than 30 years old at the time of its
        use for transporting individuals;
          (B) the manufacturer of which is no longer in the business of
        manufacturing rail passenger cars; and
          (C) which - 
            (i) has a consequential association with events or persons
          significant to the past; or
            (ii) embodies, or is being restored to embody, the
          distinctive characteristics of a type of rail passenger car
          used in the past, or to represent a time period which has
          passed.


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 disabilities, particularly individuals who use wheelchairs,
      through all forms of boarding options.
    (b) Contents
      The study shall include, at a minimum, an analysis of the
    following:
        (1) The anticipated demand by individuals with disabilities for
      accessible over-the-road buses and over-the-road bus service.
        (2) The degree to which such buses and service, including any
      service required under sections 12184(b)(4) and 12186(a)(2) of
      this title, are readily accessible to and usable by individuals
      with disabilities.
        (3) The effectiveness of various methods of providing
      accessibility to such buses and service to individuals with
      disabilities.
        (4) The cost of providing accessible over-the-road buses and
      bus service to individuals with disabilities, including
      consideration of recent technological and cost saving
      developments in equipment and devices.
        (5) Possible design changes in over-the-road buses that could
      enhance accessibility, including the installation of accessible
      restrooms which do not result in a loss of seating capacity.
        (6) The impact of accessibility requirements on the
      continuation of over-the-road bus service, with particular
      consideration of the impact of such requirements on such service
      to rural communities.
    (c) Advisory committee
      In conducting the study required by subsection (a) of this
    section, the Office of Technology Assessment shall establish an
    advisory committee, which shall consist of - 
        (1) members selected from among private operators and
      manufacturers of over-the-road buses;
        (2) members selected from among individuals with disabilities,
      particularly individuals who use wheelchairs, who are potential
      riders of such buses; and
        (3) members selected for their technical expertise on issues
      included in the study, including manufacturers of boarding
      assistance equipment and devices.

    The number of members selected under each of paragraphs (1) and (2)
    shall be equal, and the total number of members selected under
    paragraphs (1) and (2) shall exceed the number of members selected
    under paragraph (3).
    (d) Deadline
      The study required by subsection (a) of this section, along with
    recommendations by the Office of Technology Assessment, including
    any policy options for legislative action, shall be submitted to
    the President and Congress within 36 months after July 26, 1990. If
    the President determines that compliance with the regulations
    issued pursuant to section 12186(a)(2)(B) of this title on or
    before the applicable deadlines specified in section 12186(a)(2)(B)
    of this title will result in a significant reduction in intercity
    over-the-road bus service, the President shall extend each such
    deadline by 1 year.
    (e) Review
      In developing the study required by subsection (a) of this
    section, the Office of Technology Assessment shall provide a
    preliminary draft of such study to the Architectural and
    Transportation Barriers Compliance Board established under section
    792 of title 29. The Board shall have an opportunity to comment on
    such draft study, and any such comments by the Board made in
    writing within 120 days after the Board's receipt of the draft
    study shall be incorporated as part of the final study required to
    be submitted under subsection (d) of this section.


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)) [42 U.S.C. 2000a
    et seq.] or to religious organizations or entities controlled by
    religious organizations, including 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 )1(! 12183(a) of this title, injunctive relief shall
      include an order to alter facilities to make such facilities
      readily accessible to and usable by individuals with disabilities
      to the extent required by this subchapter. Where appropriate,
      injunctive relief shall also include requiring the provision of
      an auxiliary aid or service, modification of a policy, or
      provision of alternative methods, to the extent required by this
      subchapter.

    (b) Enforcement by Attorney General
      (1) Denial of rights
        (A) Duty to investigate
          (i) In general
            The Attorney General shall investigate alleged violations
          of this subchapter, and shall undertake periodic reviews of
          compliance of covered entities under this subchapter.
          (ii) Attorney General certification
            On the application of a State or local government, the
          Attorney General may, in consultation with the Architectural
          and Transportation Barriers Compliance Board, and after prior
          notice and a public hearing at which persons, including
          individuals with disabilities, are provided an opportunity to
          testify against such certification, certify that a State law
          or local building code or similar ordinance that establishes
          accessibility requirements meets or exceeds the minimum
          requirements of this chapter for the accessibility and
          usability of covered facilities under this subchapter. At any
          enforcement proceeding under this section, such certification
          by the Attorney General shall be rebuttable evidence that
          such State law or local ordinance does meet or exceed the
          minimum requirements of this chapter.
        (B) Potential violation
          If the Attorney General has reasonable cause to believe that
        - 
            (i) any person or group of persons is engaged in a pattern
          or practice of discrimination under this subchapter; or
            (ii) any person or group of persons has been discriminated
          against under this subchapter and such discrimination raises
          an issue of general public importance,

        the Attorney General may commence a civil action in any
        appropriate United States district court.
      (2) Authority of court
        In a civil action under paragraph (1)(B), the court - 
          (A) may grant any equitable relief that such court considers
        to be appropriate, including, to the extent required by this
        subchapter - 
            (i) granting temporary, preliminary, or permanent relief;
            (ii) providing an auxiliary aid or service, modification of
          policy, practice, or procedure, or alternative method; and
            (iii) making facilities readily accessible to and usable by
          individuals with disabilities;

          (B) may award such other relief as the court considers to be
        appropriate, including monetary damages to persons aggrieved
        when requested by the Attorney General; and
          (C) may, to vindicate the public interest, assess a civil
        penalty against the entity in an amount - 
            (i) not exceeding $50,000 for a first violation; and
            (ii) not exceeding $100,000 for any subsequent violation.
      (3) Single violation
        For purposes of paragraph (2)(C), in determining whether a
      first or subsequent violation has occurred, a determination in a
      single action, by judgment or settlement, that the covered entity
      has engaged in more than one discriminatory act shall be counted
      as a single violation.
      (4) Punitive damages
        For purposes of subsection (b)(2)(B) of this section, the term
      "monetary damages" and "such other relief" does not include
      punitive damages.
      (5) Judicial consideration
        In a civil action under paragraph (1)(B), the court, when
      considering what amount of civil penalty, if any, is appropriate,
      shall give consideration to any good faith effort or attempt to
      comply with this chapter by the entity. In evaluating good faith,
      the court shall consider, among other factors it deems relevant,
      whether the entity could have reasonably anticipated the need for
      an appropriate type of auxiliary aid needed to accommodate the
      unique needs of a particular individual with a disability.




Sec. 12189. Examinations and courses


      Any person that offers examinations or courses related to
    applications, licensing, certification, or credentialing for
    secondary or postsecondary education, professional, or trade
    purposes shall offer such examinations or courses in a place and
    manner accessible to persons with disabilities or offer alternative
    accessible arrangements for such individuals.

Sec. 12201. Construction


    (a) In general
      Except as otherwise provided in this chapter, nothing in this
    chapter shall be construed to apply a lesser standard than the
    standards applied under title V of the Rehabilitation Act of 1973
    (29 U.S.C. 790 et seq.) or the regulations issued by Federal
    agencies pursuant to such title.
    (b) Relationship to other laws
      Nothing in this chapter shall be construed to invalidate or limit
    the remedies, rights, and procedures of any Federal law or law of
    any State or political subdivision of any State or jurisdiction
    that provides greater or equal protection for the rights of
    individuals with disabilities than are afforded by this chapter.
    Nothing in this chapter shall be construed to preclude the
    prohibition of, or the imposition of restrictions on, smoking in
    places of employment covered by subchapter I of this chapter, in
    transportation covered by subchapter II or III of this chapter, or
    in places of public accommodation covered by subchapter III of this
    chapter.
    (c) Insurance
      Subchapters I through III of this chapter and title IV of this
    Act shall not be construed to prohibit or restrict - 
        (1) an insurer, hospital or medical service company, health
      maintenance organization, or any agent, or entity that
      administers benefit plans, or similar organizations from
      underwriting risks, classifying risks, or administering such
      risks that are based on or not inconsistent with State law; or
        (2) a person or organization covered by this chapter from
      establishing, sponsoring, observing or administering the terms of
      a bona fide benefit plan that are based on underwriting risks,
      classifying risks, or administering such risks that are based on
      or not inconsistent with State law; or
        (3) a person or organization covered by this chapter from
      establishing, sponsoring, observing or administering the terms of
      a bona fide benefit plan that is not subject to State laws that
      regulate insurance.

    Paragraphs (1), (2), and (3) shall not be used as a subterfuge to
    evade the purposes of subchapter )1(! I and III of this chapter.

    (d) Accommodations and services
      Nothing in this chapter shall be construed to require an
    individual with a disability to accept an accommodation, aid,
    service, opportunity, or benefit which such individual chooses not
    to accept.


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 (FN1) Federal or
    State court of competent jurisdiction for a violation of this
    chapter. In any action against a State for a violation of the
    requirements of this chapter, remedies (including remedies both at
    law and in equity) are available for such a violation to the same
    extent as such remedies are available for such a violation in an
    action against any public or private entity other than a State.



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 charge, testified,
    assisted, or participated in any manner in an investigation,
    proceeding, or hearing under this chapter.
    (b) Interference, coercion, or intimidation
      It shall be unlawful to coerce, intimidate, threaten, or
    interfere with any individual in the exercise or enjoyment of, or
    on account of his or her having exercised or enjoyed, or on account
    of his or her having aided or encouraged any other individual in
    the exercise or enjoyment of, any right granted or protected by
    this chapter.
    (c) Remedies and procedures
      The remedies and procedures available under sections 12117,
    12133, and 12188 of this title shall be available to aggrieved
    persons for violations of subsections (a) and (b) of this section,
    with respect to subchapter I, subchapter II and subchapter III of
    this chapter, respectively.


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 26, 1990, the National Council
    on Disability shall submit the report required under subsection (a)
    of this section to Congress.
    (c) Specific wilderness access
      (1) In general
        Congress reaffirms that nothing in the Wilderness Act [16
      U.S.C. 1131 et seq.] is to be construed as prohibiting the use of
      a wheelchair in a wilderness area by an individual whose
      disability requires use of a wheelchair, and consistent with the
      Wilderness Act no agency is required to provide any form of
      special treatment or accommodation, or to construct any
      facilities or modify any conditions of lands within a wilderness
      area in order to facilitate such use.
      (2) "Wheelchair" defined
        For purposes of paragraph (1), the term "wheelchair" means a
      device designed solely for use by a mobility-impaired person for
      locomotion, that is suitable for use in an indoor pedestrian
      area.


Sec. 12208. Transvestites

      For the purposes of this chapter, the term "disabled" or
    "disability" shall not apply to an individual solely because that
    individual is a transvestite.


Sec. 12209. Instrumentalities of Congress

      The General Accounting Office, the Government Printing Office,
    and the Library of Congress shall be covered as follows:
      (1) In general
        The rights and protections under this chapter shall, subject to
      paragraph (2), apply with respect to the conduct of each
      instrumentality of the Congress.
      (2) Establishment of remedies and procedures by instrumentalities
        The chief official of each instrumentality of the Congress
      shall establish remedies and procedures to be utilized with
      respect to the rights and protections provided pursuant to
      paragraph (1).
      (3) Report to Congress
        The chief official of each instrumentality of the Congress
      shall, after establishing remedies and procedures for purposes of
      paragraph (2), submit to the Congress a report describing the
      remedies and procedures.
      (4) Definition of instrumentalities
        For purposes of this section, the term "instrumentality of the
      Congress" means the following:,)1(! the General Accounting
      Office, the Government Printing Office, and the Library of
      Congress,.(FN1)

      (5) Enforcement of employment rights
        The remedies and procedures set forth in section 2000e-16 of
      this title shall be available to any employee of an
      instrumentality of the Congress who alleges a violation of the
      rights and protections under sections 12112 through 12114 of this
      title that are made applicable by this section, except that the
      authorities of the Equal Employment Opportunity Commission shall
      be exercised by the chief official of the instrumentality of the
      Congress.
      (6) Enforcement of rights to public services and accommodations
        The remedies and procedures set forth in section 2000e-16 of
      this title shall be available to any qualified person with a
      disability who is a visitor, guest, or patron of an
      instrumentality of Congress and who alleges a violation of the
      rights and protections under sections 12131 through 12150 of this
      title or section 12182 or 12183 of this title that are made
      applicable by this section, except that the authorities of the
      Equal Employment Opportunity Commission shall be exercised by the
      chief official of the instrumentality of the Congress.
      (7) Construction
        Nothing in this section shall alter the enforcement procedures
      for individuals with disabilities provided in the General
      Accounting Office Personnel Act of 1980 and regulations
      promulgated pursuant to that Act.

1 So in original. The comma probably should not appear.


Sec. 12210. Illegal use of drugs


    (a) In general
      For purposes of this chapter, the term "individual with a
    disability" does not include an individual who is currently
    engaging in the illegal use of drugs, when the covered entity acts
    on the basis of such use.
    (b) Rules of construction
      Nothing in subsection (a) of this section shall be construed to
    exclude as an individual with a disability an individual who - 
        (1) has successfully completed a supervised drug rehabilitation
      program and is no longer engaging in the illegal use of drugs, or
      has otherwise been rehabilitated successfully and is no longer
      engaging in such use;
        (2) is participating in a supervised rehabilitation program and
      is no longer engaging in such use; or
        (3) is erroneously regarded as engaging in such use, but is not
      engaging in such use;

    except that it shall not be a violation of this chapter for a
    covered entity to adopt or administer reasonable policies or
    procedures, including but not limited to drug testing, designed to
    ensure that an individual described in paragraph (1) or (2) is no
    longer engaging in the illegal use of drugs; however, nothing in
    this section shall be construed to encourage, prohibit, restrict,
    or authorize the conducting of testing for the illegal use of
    drugs.
    (c) Health and other services
      Notwithstanding subsection (a) of this section and section
    12211(b)(3) of this title, an individual shall not be denied health
    services, or services provided in connection with drug
    rehabilitation, on the basis of the current illegal use of drugs if
    the individual is otherwise entitled to such services.
    (d) "Illegal use of drugs" defined
      (1) In general
        The term "illegal use of drugs" means the use of drugs, the
      possession or distribution of which is unlawful under the
      Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term does
      not include the use of a drug taken under supervision by a
      licensed health care professional, or other uses authorized by
      the Controlled Substances Act or other provisions of Federal law.
      (2) Drugs
        The term "drug" means a controlled substance, as defined in
      schedules I through V of section 202 of the Controlled Substances
      Act [21 U.S.C. 812].


Sec. 12211. Definitions


    (a) Homosexuality and bisexuality
      For purposes of the definition of "disability" in section
    12102(2) of this title, homosexuality and bisexuality are not
    impairments and as such are not disabilities under this chapter.
    (b) Certain conditions
      Under this chapter, the term "disability" shall not include - 
        (1) transvestism, transsexualism, pedophilia, exhibitionism,
      voyeurism, gender identity disorders not resulting from physical
      impairments, or other sexual behavior disorders;
        (2) compulsive gambling, kleptomania, or pyromania; or
        (3) psychoactive substance use disorders resulting from current
      illegal use of drugs.


Sec. 12212. Alternative means of dispute resolution


      Where appropriate and to the extent authorized by law, the use of
    alternative means of dispute resolution, including settlement
    negotiations, conciliation, facilitation, mediation, factfinding,
    minitrials, and arbitration, is encouraged to resolve disputes
    arising under this chapter.


Sec. 12213. Severability


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