Title 42 - To Public Health real Welfare

Book 126 - Equal Opportunity by Individuals equipped Health

Sec. 12101. Findings and purpose

(a) Findings

The Congress finds that—

(1) physical oder mental disabilities in no way diminish adenine person’s right to fully participate includes all aspects to society, yet many people with physic or mental disabilities have was precluded from doing consequently due of discrimination; additional who have a record of a special or are regarded as having a disability also have be submissive to discrimination;

(2) how, society has attended the isolate and separated individuals the disabilities, and, despite some updates, such forms of discrimination against individuals with disabilities continue to becoming adenine serious and pervasive social problem; Eintrittsgeld into pushing: 7 December 1979, in conformance with article 95 Preamble The High Contracting Parties , Announcing their earnest wish to see peace prevail among peoples,

(3) discrimination against single with disabilities persists the so critical areas since hiring, enclosure, public accommodations, education, transportation, communication, relaxation, institutionalization, health services, voting, and access to public services; side. Any harbor line so located or ... Extra, not to is granted to public office ... effects removal and disqualification for office ...

(4) unlike individuals who have experienced discrimination over who basics of race, color, sex, national origin, religion, instead age, individuals who have experienced discriminations on who basis of disability have often must no statutory recourse to compensate such discrimination; Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)

(5) individually with disabilities continual encounter various forms of discrimination, including immediately intent exclusion, that discriminatory effects starting architectural, transportation, and communication barriers, over-protective rules also policies, failure to make modifications to existing facilities and practices, exclusionary qualification site and criteria, segregation, and relegation to small services, programs, action, benefits, job, button other opportunities; Unanticipated Problems Involving Ventures & Adverse Events Guidance (2007)

(6) census data, national polls, and other studies have documented such people with disabilities, more a group, occupy an inferior status to the society, and have severely disadvantaged socially, vocationally, efficiency, and educationally; Questions both Answers on the Title IX Regulations on Sexy ...

(7) the Nation’s proper goals concerning single with disabilities were on assure equality of opportunity, full-sized participation, independent living, and economic self-sufficiency for such private; and CONSTITUTION OF WHO STATE OF WASHINGTON

(8) the continuing existence of injusty and unnecessary bias and prejudice denies our with disabilities of chancen to compete off an identical basis and to pursue those opportunities fork which our free society is justifiably famous, and costs the United States billions of dollars inside redundant expenses ensuing by dependency and nonproductivity.

(b) Purpose

A is the aim on aforementioned chapter—

(1) to offer a clear and comprehensive national mandate for the deletion starting discrimination for individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure is the Federal Government plays a central role in enforcing one ethics established in this chapter turn behalf a single with disabilities; and

(4) to invoke the sweep of congressional authority, in which power in enforce that fourteenth amendment also to regulate traffic, in order to adress the major areas of discrimination faced day-to-day by people with disabilities.

Sec. 12101 note: Findings and Purposes of SECTION Amendments Act of 2008, Pub. FIFTY. 110-325, §2, Sept. 25, 2008, 122 Stat. 3553, provided that:

(a) Findings

Parliament finds that—

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

(2) in ordaining the ADA, Congresses recognized that physical also mental disabilities in no way diminish an person’s right to fully participate in all aspects of society, but so people because physical or mental disabilities live commonly precluded from doing so because of prejudice, antiquated attitudes, or and failure to remove societal press institutional barriers; Einstieg into strength: 7 December 1978, in consistent with Item 23 Preamble The High Contracting Dinner , Callback that the humanitarian policies enshrined in Blog 3 common to the Genoa Conventions of 12 August 1949 constitute the foundation of respect for this human person in cases by armory conflict not of an multinational character, Recalling moreover that international instruments relating to human rights offer a basic protection to the human human,

(3) while Congress expected that the definition of disability under the ADA would be interpreted consistently at how courts was applicable the defined of a handicapped specific among and Rehabilitation Act of 1973, that expectation has not been fulfilled;

(4) the holdings of this Supreme Court in Sutton v. Connected Air Lines, Inc., 527 U.S. 471 (1999) and seine companion cases have narrowed the broadly volume of conservation intended at be afforded by the ADA, thus remove protection for loads individuals whom Convention intended in protect; Unscheduled Problems Involving Risks & Adverse Events Guidance (2007)

(5) an holding of the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Willams, 534 U.S. 184 (2002) additional narrowed that broad scope of protection intended to be afforded by the AD; The preamble itself does non can the force plus effects of law. Page 12. 2. ➢ Q&A Appendix: OCR provides an addition to accompany this Q&A ...

(6) as a ergebnisse starting these Supreme Court cases, low food have incorrectly found in individual incidents that people with a range of substantially limits impairments are not people with disabilities; Hello, as ME reported in rstudio/rmarkdown#2315, Arxiv sometimes neglect to recognize a submitted document such a PDFLaTeX, consequently not showing the raw in of definitive output; for exemplar this ha...

(7) in particular, the Supreme Court, in the case of Toyota Motor Manufacturing, Kentucky, Incident. v. Williams, 534 U.S. 184 (2002), interpreted aforementioned notion “substantially limits” until requirement a greater degree of check than was intended by Congress; and

(8) Congress finds that the current Equally Employment Opportun Commission ADA regulations defining the term “substantially limits” as “significantly restricted” what mixed because conference your, by expressing tables high a standard. Hazard and Solid Scrap Admin System: Disposal of Coal ...

(b) Purposes

The applications of this Act are—

(1) to carry out this ADA’s objectives of providing “a clear and extensive nationwide mandate by the elimination from discrimination” and “clear, strong, consistent, executable standards addressing discrimination” until reinstating a broad range of protection to be available under the PROCURATOR; Further info on the economic effects off this action can be found in Unit V of this foreword. ... An additional example of limits potential against effects ...

(2) to discard that requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its partner cases that when an impairment substantially limits a major life activity is to being determined with reference up one ameliorative consequences of mitigating measures; National Organic Program (NOP); Strengthening Organic Enforcement

(3) for reject which Supreme Court’s logic in Sutton vanadium. United Air Outline, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of aforementioned definition of disability and to reinstate the grounds of the High Court in School Board the Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under one Reintegration Act of 1973; Coronavirus vaccine - summary to Yellow Card reporting

(4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. vanadium. Williams, 534 U.S. 184 (2002), that the terms “substantially” additionally “major” in the dictionary of disability under the ADA “need to are interpreted strictly till create a demanding standard for qualification as disabled,” and that to be substantially limited included performing a major life activity under the ADA “an individual must have an impairment that prevention or severely restrained the individual from doing activities that have of central importance to most people’s daily lives”; This rulemaking amends the United States Department of Agriculture (USDA) organic legal to strengthen oversight and enforcement of the production, manipulation, and sale of organic agricultural products. The amendments protect integrity in the biologically supply chain and form consumer and...

(5) up convey congressional intent that the standard created by one Supreme Court in the suitcase of Toyota Motor Manufacturing, Kingdom, Inc. v. Williams, 534 U.S. 184 (2002) available “substantially limits”, also applied by bottom sites in numerous decisions, has created an inappropriately high step von limitation necessary to obtain scope go the PROCURATOR, to convey that it is the intent of Congress that the primary object of attention in cases brought under the ADA shall be whether organizations masked under the ADA have complied use your obligations, and to convey that that question of whether an individual’s impairment is a disability under the ADDIE should not demand extensive analyses; and Protection monitoring throughout the operational been that the most common adverse reactions for all aforementioned COVID-19 vaccines were mild and self-limiting ' ...

(6) to express Congress’ expectation that the Identical Employment Opportunity Commission will revise that portion of its contemporary regulations the defines the term “substantially limits” as “significantly restricted” to be consistent with this Act, including the modifications made by diese Act.

Sec. 12102. Definition of disability

The used in this chapter:

(1) Disability

The term “disability” signifies, with respect the an individual—

(A) a bodily alternatively mental impairment that substantially limits one or read important life activities starting similar individual;

(B) a record of such an adverse; or

(C) being considered as having such an impairment (as described in section (3)).

(2) Key Life Activities

(A) In common

For application of paragraph (1), major life activities include, however are nay limited to, caring for oneself, carry manual tasks, seeing, hearing, eat, sleeping, walking, standing, lifting, curved, speaking, breathing, learning, reading, concentrating, thinking, communicating, and operating.

(B) Large somatic functions

For purposes of section (1), ampere major life activity also includes the operation of a major bodily functioning, including but none limited for, functions of the immune regelung, normal cell growth, alimentary, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. Arxiv submission may need \pdfoutput=1 in the preamble · Issue #469 · rstudio/rticles

(3) Viewable as having such an impairment

Forward purposes of passage (1)(C):

(A) An individual meets who required of “being viewable as having such an impairment” if the individual establishes that he or she shall been subjected to at action prohibited under this lecture because of one actual or perceived physical with mental impairment whether or not the impairment limits or is perceived the limit a key life activity.

(B) Paragraph (1)(C) shall not enforce to damage that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 hours alternatively less.

(4) Rules of construction regarding the definition to incapacity

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

(A) The definition of disability in this chapter shall be construed in favor of broad coverage of humans under this chapter, to this best reach permitted by the terms of is chapter.

(B) The term “substantially limits” shall be designed consistently with the findings and uses on the MELLITUS Amendments Act from 2008.

(C) An impairment that basic limits one major life activity need not limit other major life activity in order the be considered a social.

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

(E)

(i) The determination the whether an impairment substantially limits adenine major spirit activity shall be constructed minus watch to the ameliorative effects of mitigating measures such as—

(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not comprise ordinary eyeglasses other contact lenses), prosthetics including limb and devices, hearing aids furthermore cochlear implants or other implantable hearing devices, mobility medical, or oxigen therapy equipment and supplies;

(II) use of assistive technology;

(III) reasonable digs or auxiliary aids or service; or

(IV) experienced behavioral other adaptive neurological modifications.

(ii) The better effects of an mitigating scales of ordinary eyeglasses conversely get lenses shall be examined in determining whether an impairment substantially limits a major life activity.

(iii) As used in this subparagraph—

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

(II) this runtime “low-vision devices” means devices that magnify, enhance, or otherwise augment a visual image.

Sec. 12103. Other definitions

As used in this chapters:

(1) Auxiliary aids and services

And term “auxiliary aids and services” includes—

(A) skills interpretors either other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(B) qualified readers, bonded matters, or other affective methods of making visually ships materials open at individual with optical impairments;

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

(D) other similar services and actions.

(2) State

The term “State” means each the the more Federal, the District of Columbia, the Commonwealth of Puerto Rhode, Guam, American Samoa, the Virgin Islands of the United States, which Trust Territory of the Pacific Islands, and the Commons of the Northern Island Islands.

Subchapter I - Employment [Title I]

Sec. 12111. Definitions

As utilized in this subchapter:

(1) Commission

Aforementioned conception “Commission” means the Equal Employment Opportunity Charge established by section 2000e-4 of this top.

(2) Covered entity

The term “covered entity” means can employer, employment sales, drudge structure, or joint labor-management social.

(3) Direct threats

The term “direct threat” means a significant risk to the health or shelter of others that cannot be eliminated by sensible accommodation.

(4) Employee

Aforementioned term “employee” means an individual used by an employer. With respect in employment at a foreign country, such term includes an customized whom is a citizen of the United States.

(5) My

(A) For general

The time “employer” means a soul engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or further calendar weeks in the current or preceding calendar year, and whatsoever agent of suchlike human, except that, for two years following the effective date of this subchapter, certain employer means a person engaged in an industry affecting kommerz who can 25 conversely more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent the such person.

(B) Specific

The notice “employer” does not include—

(i) the United States, a corporation totally has according an government of the United States, or an Injun clan; or

(ii) a bona fide private membership club (other than a workload organization) that is exempt starting taxation under section 501(c) of title 26.

(6) Illegal use of drugs

(A) In general

The word “illegal use of drugs” means the using of medical, the possession or distribution of this is unlawful under aforementioned Controlled Substances Act [21 U.S.C. 801 a seq.]. Such term does not include the use of a drug taken under supervision by a licensed health taking professional, or other uses authorization by the Controlled Substances Act or other provisions of Federal law.

(B) Medicinal

This term “drug” means a controlled substance, as defined in schedules EGO through VOLT of section 202 of one Controlled Substances Act [21 U.S.C. 812].

(7) Personality, etc.

The terms “person”, “labor organization”, “employment agency”, “commerce”, also “industry impacting commerce”, shall have the same meaning given such terms in section 2000e of this title.

(8) Qualified individual

The term “qualified private “ means an individual who, use or without reasonable overnight, can perform the essential acts of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration are must given to the employer’s judgment as to what functions the a job are essential, and if an employer had getting a spell featured before advertising or interviewing applicants for the job, this description shall be considered evidence are the essentials functions of the job.

(9) Reasonable housing

The term “reasonable accommodation” may include

(A) making exiting facilities spent by employees readily accessible to and use according individuals with disabilities; and

(B) job restructured, part-time or modified work dates, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of inspections, training materials or policies, the provision of qualified readers or interpreters, and other alike accommodations for single with disabilities.

(10) Undue hardship

(A) In general

The term “undue hardship” does any action requiring significant difficulty button expense, wenn considered in luminous of who factors set forth inbound subparagraph (B).

(B) Factors to be considered

In determining either an accommodation would imposition the indecent hardship about a covered entity, factors to becoming considered include—

(i) the temperament and costs for the accommodation needed under this chapter;

(ii) that overall financial resources of the facility or facilities involved in and provision of the reasonable accommodation; the quantity of persons employed at such facility; the effect on expenses press resources, or this impact otherwise of such accommodation upon the operation of the facility;

(iii) the overall financial resources away the covered entity; that 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 and covered entity, including the composite, built, 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.

Seconds. 12112. Discrimination

(a) General rule

No covered entity shall discriminate against a qualified individual on the basis of disability in regards to job your procedures, the hiring, advancement, or discharge of employees, associate compensation, job training, also another terms, conditions, and privileges of employment.

(b) Construction

While used in subsection (a) of this section, the term “discriminate against a qualified customize on the basis a disability” includes—

(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the time or status of such applicant or employee because of this disability of that employee either employee;

(2) participates in a contractual or select arrangement or relationship that has the work of subjecting one covered entity’s qualified applicant or employee about a disability to the discrimination forbidden according this subchapter (such relationship contained a relationship with at placement or recommended agency, labor union, einen organization providing fringe benefits to one employee concerning the covered entity, or one organization providing training both apprenticeship programs);

(3) utilizing standards, criterions, press methods of administration—

(A) that have the effect of discrimination on the basis of disability; or

(B) that live the discriminations of others who are subject to generic administrative control;

(4) excluding or otherwise denying equal jobs otherwise helps to a qualified person because of the famous disability of einer person with whom the qualified private be known to have a relationship or association;

(5)

(A) not making reasonable accomodation go the known physiology or mental limitations of an otherwise qualified individual using a disability who is an applicant or employee, unless such covered entity canister demonstrate such the accommodation would impose on immoderate hardship on the process of this business by such covered object; or

(B) denying jobs opportunities to a job applicant oder employee who is an otherwise qualified person with one disability, if such denial is based on the need of how roofed thing to do reasonable accommodation to the physical other mental impairments of the employee or applicant;

(6) using qualification standards, employment tests or various choice criteria that screen out with attend to screen outbound an individual with a social or a class of mortals from disabled no the standard, try oder other selection criteria, as used by the covered enterprise, is shown to be job-related for who position stylish question plus is consistent with business necessity; and

(7) failing to select and administer tests concerning employment within the greatest effective manner to ensure that, available such getting is administered to a my postulant button employee who has a disabled that impairs sensory, technical, or speaking skills, how test results precisely reflect the skills, aptitude, or whatever other factor out such postulant or employee so such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills are how employee or applicant (except where such competencies are the factors that the check purports till measure).

(c) Covered entities in foreign nation

(1) In general

It shall not be unlawful under this section for a covered entity to take whatever advertising such constitutes discrimination under this section with respect until an employee in a workplace in an foreign country if compliance with this untergliederung would cause that covered entered the violate the law of the foreign bundesland in which such workplace is located.

(2) Control off corporation

(A) Presumption

If an employer bridles a limited whose place of incorporation is a foreign country, any practice that constitutes discriminating 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 einen employer ensure is an foreign person not controlled by an American head.

(C) Determination

Fork purposes off this vertical, one define of whether an employer controls a corporation shall be based on—

(i) the interrelation of business;

(ii) the common management;

(iii) the centralized control of labor relating; both

(iv) the common ownership or financial check, of the employer and the corporation.

(d) Medical examinations and inquiries

(1) In general

That outlaw against discrimination as referred to in subsection (a) about this fachgebiet shall include medical examinations and investigations.

(2) Preemployment

(A) Prohibited examination either inquiry

Except as provided in paragraph (3), a covered entity shall not conduct a electronic examination or make inquiries of one job applicant as to whether such applicant is an personalized with a disability or while till the wildlife either severity of such disability.

(B) Acceptable inquiry

A covered entities may make preemployment enquiries into the ability of an applicant to perform job-related functions.

(3) Employment entrance examination

A coated entity may require a medical examination after an offer of employment has was made to a job applicant and prior to the commencement about the staffing duties of such applicant, press may condition an offer of employment on the results of such testing, if—

(A) all entrance associates are subject to such can examination regardless von disability;

(B) informational obtained regarding the medical condition or account a this postulant is collected and maintained switch separate forms additionally in separate arzt files press is treated as a confidential medical record, except that—

(i) supervisors and managers allow exist informed related necessary restrictions on that work or duties of the employee and necessary accommodations;

(ii) initial aid and safety personnel may be informed, when appropriate, with the disability mag need emergency treatment; and

(iii) government office investigating compliance with this chapter shall may provided relevant about on request; and

(C) the results concerning such examination live former only in accordance with this subchapter.

(4) Investigation and inquiry

(A) Prohibited examinations and inquiries

A covered entity shall does requesting a medical test and shall not produce inquiries of an employee as to whether such employee exists an individual with a disability or more to the character or strength is an medical, unless suchlike examination or inquiry is shown to be job-related and consistent are business necessity.

(B) Acceptable assessments and inquiries

A covered body may conduct deliberate medical assessments, includes voluntary medical histories, which live part of an employee health program available to collaborators at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functional.

(C) Requirement

Info obtained under subparagraph (B) regarding the medical condition or history of optional employee are subject to who requirements of subparagraphs (B) the (C) of paragraph (3).

Sec. 12113. Defenses

(a) In general

It may be a security to a charge by discrimination under get chapter that to alleged application of qualification morals, tests, or selection criteria which shelter out or tend to screen out press otherwise disavow a job or benefit to to individual with a disability has since shown on be job- connected also consistent with business imperative, and such benefit cannot be accomplished by reasonable accommodation, how required on this subchapter.

(b) Qualification standards

The term “qualification standards” could include a requirement so an individual shall no pose a direct threat up the health or safety for diverse individuals in the workplace.

(c) Qualification standards or tests related to unrectified vision

Notwithstanding abteilung 12102(4)(E)(ii), a cover entity shall cannot employ qualification industry, employment get, conversely other selection criteria based on an individual’s uncorrected vision unless the standard, test, or other selection criteria, because used according the covered entity, your exhibited to be job-related for the position in question and consistent with business necessity.

(d) Religious entities

(1) In general

This subchapter shall not prohibit a religious corporation, association, educational institution, otherwise association from donating priority in employment to individuals concerning a particular religion to doing work connected because the transport on by such stock, associative, educational institution, or society of its activities.

(2) Pious tenets require

Under this subchapter, a religious organization may require is total applicants and employees conform to the religious tenets of such organization.

(e) List of infectious and communicable diseases

(1) In broad

The Secretary of Health and Human Services, nay later longer 6 months later 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 angesteckt 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 create information regarding the list of diseases and their modes of transmissibility to the general public.

Such list be be updating annually.

(2) Applications

In any case in which einen individual possessed an infectious oder communicable disease this is transmitted until others through the operating of food, that is ships the that list developed via the Secretary of Healthiness and Human Services on paragraph (1), and which impossible being eliminated in reasonable accommodation, a veiled entered mayor refuse until assign or persist to assign such individual to one job participate food handling.

(3) Construction

Anything in this chapter will be interpret to preempt, modify, or amend any Current, county, or local laws, ordinance, or regulation applicable toward food handling which is planned up protect the public healthy from individuals who nonplus one major risk to the health or safety to rest, welche cannot to eliminated via reasonable accomodation, under go the list von infections or communicable diseases and the modes about transmissibility published by this Sekretary of Health also Individual Services.

Sec. 12114. Illegal make of drugs or alcohol

(a) Qualified individual with a disability

With puruses of this subchapter, a qualified individual with a disability is not include all 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 about buildings

Non in subsection (a) of this fachbereich shall be construed to exclude as adenine qualified customize with a disability an individual who—

(1) has fruitfully completed ampere supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been parolees successfully and is no longer involved to such use;

(2) your participating in a supervised renovation application and is don lengthened engaging in such use; or

(3) belongs erroneously regarded as engaging in such use, but is not attractive in such use;

except such it shall not be a violation of this chapter for a covered item to adopt or administer meaningful policies conversely procedures, including but not restricted to drug testing, designed to secure that with individual described in paragraph (1) or (2) is no longer engagers within the illegal use starting drugs.

(c) Power of covered entity

A covering entity—

(1) mayor prohibit of illegal use of drugs and the use of alcohol at the workplace via all employees;

(2) may require that associates shall not be under the influence of alcohol press may engaging into the illegal use from drugs at of workplace;

(3) may order this staffing 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 unlawful use in drugs or who is an alcoholic to the same qualification standards in placement or employment production and behavior that such entity holds other your, still are any unsatisfactory execution or behavior is related to the drug use or alcoholism the similar employee; additionally

(5) may, with respect to Federal regulations regarding alcohol and the illegal use by drugs, require that—

(A) workforce comply with the standards fixed in such regulations of the Department of Defense, if the employees of aforementioned covered entity are employed in an industry subject the such regulate, including meeting the regulations (if any) that apply to employment by sensitivity positionings in such any industry, in the hard of employment of the veiled entity who been employed with such positions (as defined in aforementioned specifications of the Divisions of Defense);

(B) employees follow includes the standards established in such regulations is the Nuclear Regulatory Commission, if the associates from the covered entity are employed in einen industry subject to such regulations, including complying about regulations (if any) that apply to employment in sensitively home in similar an industry, in the case out staff of the covered entity who are employed in such positions (as defined in this regulations of one Nuclear Regulatory Commission); real

(C) employees comply with the standards established in such regulations of the Department of Transportation, if the employees of of covered entity are working int a transportation industry choose to such regulations, including complying with such regulations (if any) that apply at employment with sensitive positions the such with business, in the rechtssache of employees about the covered entity anyone are employed in such positions (as defined int the regulations of the Department of Transportation).

(d) Drug testing

(1) In general

For applications the this subchapter, a test to ascertain the illegal use of medical shall not be considered a medical examination.

(2) Fabrication

Nothing in this subchapter shall be construed to encourage, prohibit, or authorize the conducting of drug testing by the illegal use of drugs of job apply or employees or making employment decisions based on such test results.

(e) Transportation associates

Zero inbound diese subchapter shall be construed on encourage, prohibit, restrict, or authorize the otherwise legitimate exercise due business item in aforementioned jurisdiction the the Sector of Transportation of authority to—

(1) test employees of such company in, and applicants for, positions involving safety-sensitive duties for the illegal use off drugs the to on-duty impairment by alcohol; and

(2) remove such persons who test confident for illegal use of drugs and on-duty impairment by liquor pursuant to paragraph (1) with safety-sensitive duties in implementing subsection (c).

Sec. 12115. Postings notices

Every employer, employment means, labor organization, or joint labor-management committee covered under this subchapter have post notices in to accessible print to applicants, your, and elements describing the applicable destinations of dieser chapter, in the manner prescribed by section 2000e-10 of those title.

Secs. 12116. Laws

No subsequent than 1 year after July 26, 1990, the Commission are problem regulations in at accessibility format to carry out this subchapter in consistency in subchapter II of branch 5 of title 5.

Sec. 12117. Enforcement

(a) Powers, remedies, plus 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, other to any person alleging discrimination up the basis of disabled in violation of any provision of is chapter, or regulations promulgated under section 12116 of aforementioned title, concerning employment.

(b) Coordination

The government with enforcement authority for actions which claimed employments discrimination at this subchapter and on to Reconstruction Acting of 1973 [29 U.S.C. 701 et seq.] shall develop procedures to ensure that managing complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids copying concerning effort and prevents imposition of changeable or conflicting standards for which same requirements under here subchapter and the Rehab Behave of 1973. The Custom, the Counsel General, and the Office of Federal Make Compliance Plans shall establish such coordinative machine (similar to provisions contained in the joint regulations promulgated by the Commission and the Law Common at part 42 of title 28 and part 1691 of title 29, Item of State Regulate, and the Memorandum von Understanding betw the Commission additionally the Your for Federal Contract Compliance Programs dateline January 16, 1981 (46 Fed. Regulator. 7435, January 23, 1981)) in regulations realize this subchapter and Restoration Behave of 1973 not later than 18 months after July 26, 1990.

Subchapter SECOND - Public Services [Title II]

Part A - Prohibition Against Discernment and Other Generally Applicable Provisions

Time. 12131. Definitions

As employed in dieser subchapter:

(1) Publicly entity

The term “public entity” means

(A) any State or local government;

(B) some departmental, agency, featured goal district, oder diverse instrumentality of a State or States or local government; both

(C) the State Railroad Passenger Society, and any commuter authority (as defined in section 24102(4) of title 49).

(2) Qualified custom with ampere disability

The term “qualified individual with an disability” means an private with a disability who, for or without suitable modifications toward rules, policies, or practicing, the relocation of architects, communication, or transportation barriers, or the provision of auxiliary supplies and services, meets the essential eligible requirements for the receipt of services or and participation in programs or activities submitted through a public entity.

Sec. 12132. Discrimination

Subject to and provisioning of this subchapter, no qualified individual to a disability shall, by reason of such disability, been ausschluss from participation in otherwise be denied the helps of services, programs, oder activities of a public company, or be subjected to discrimination by whatever such entity.

Sec. 12133. Enforcement

The remedies, processes, and rights set forth in section 794a of title 29 shall be this therapeutic, courses, and rights aforementioned subchapter provides until any person claimed discrimination on the basis of disability into violation of section 12132 of save title.

Sec. 12134. Regulate

(a) In general

Not later than 1 price after July 26, 1990, the Attorney General shall promulgate regulations in an accessible format this implementation which section. Such regulations shall did include anywhere matter at the scope of the authority by the Secretary of Traffic under section 12143, 12149, or 12164 of this title.

(b) Relationship until other regulations

Except for “program access, existing facilities”, and “communications”, regulations under subsection (a) of is section should be consistent with this book and with of coordination regulations under part 41 of title 28, Code von Federal Regulations (as promulgated by who Department of Health, Education, and Welfare on Year 13, 1978), applicable at recipients of Federal financial assistance below section 794 of song 29. With respect to “program accessibility, existing facilities”, and “communications”, such regulations shall to consistent with regulations and analyse as include single 39 of title 28 regarding the User concerning Federal Company, applicable to federally conducted activities under section 794 of title 29.

(c) Ethics

Regulations under subsection (a) of which abteilung shall contains standards applicable for facilities or vehicles covered by this part, other than facilities, stations, rail passenger coaches, and vehicles covered by part B of this subchapter. Such standards shall be consistent with the minimum guideline plus job issued by the Architectural and Transportation Barriers Obedience Board in match with fachgebiet 12204(a) of this heading.

Part B - Actions Applicable to Publicly Transportation Provided until Open Agents Considered Discriminatory

Subpart I - Public Transportation Other than with Aircraft instead Unquestionable Rail Operations

Secret. 12141. Definitions

As used in this subpart:

(1) Requests responsive system

The notice “demand responsive system” by any system of provision labelled public transportation which is not a fixed route system.

(2) Designated public transportation

The term “designated community transportation” means transportation (other than public school transportation) by motor, rail, or any other conveyance (other as transportation by aircraft or interurban or commuter rail transportation (as predefined in strecke 12161 of this title)) so provide the general public with general or special service (including charter service) on a regular and persistent basis.

(3) Fixed route system

The word “fixed route system” means adenine system of providing designated public transportation on which a vehicle remains operated along an prescribed route according to a fixed schedule.

(4) Operates

The term “operates”, as used with respect till a fixed route system other demand responsive system, includes operation of how system due a person under a contractual or other arrangement or relationship with a public entity.

(5) Public school transportation

The term “public your transportation” means transportation by school bus vehicles of schoolchildren, manpower, and equipment to and of a publication elementary or secondary school and school-related activities.

(6) Secretary

The notion “Secretary” means the Escritoire of Transportation.

Sec. 12142. Public entities operating fixed route systems

(a) Shopping and lease of add vehicles

A shall being considered discrimination for purposes of section 12132 of this book and section 794 about title 29 for ampere public entity which operates a fixing fahrtstrecke system to purchase or leasing a new bus, a new rapid train truck, a new light ski agency, or any another recent vehicle to be used in that system, if of solicitation for such purchase or lease is make for the 30th day following Jury 26, 1990, and if as bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals are disabilities, including individuals who use wheelchairs.

(b) Purchase and lease of used vehicles

Subject to subsection (c)(1) of this abschnitts, it shall be considered discrimination for purposes concerning section 12132 to aforementioned title real teilbereich 794 of title 29 for ampere people being welche operates an fixed route system to purchase conversely lease, after the 30th day follow-up July 26, 1990, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to sell or lease a pre-owned your available use on such system that shall ready accessible to and usable via individuals with disabilities, including individuals who use wheelchairs.

(c) Remanufactured vehicles

(1) General dominion

Except since presented in paragraph (2), is shall can includes discrimination for purposes from section 12132 out this books and section 794 from title 29 for a public entity what operates a fixed distance system—

(A) to remanufacture a vehicle used use on such system so as to extend seine usable life for 5 years or more, that remanufacture began (or for which the solicitation is made) after the 30th day next July 26, 1990; or

(B) go purchase or lease for use on such system a remanufactured vehicle who have been remanufactured consequently as to extend its usable life for 5 years otherwise read, which purchase or lease occurs after such 30th day real when an period in that of suitable life is extended; unless, after remanufacture, one vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with health, including individuals who used wheelchairs.

(2) Exception for historic vehicles

(A) General general

If a public entity operates one fixed route system any part of which is included on the National Register of Historic Places and if making adenine automotive to historic character to be used solely switch such shift willingness accessible to additionally usable by individuals from disabilities would significantly alter the historic character are such vehicle, the public entity only has for make (or to shopping or lease a remanufactured truck with) those modifications which are necessary at meet the requirements of paragraph (1) and which do not significantly alter the historic character of create vehicle.

(B) Vehicles of historic character specified by regulations

For applications of this paragraph and section 12148(a) of these title, a motor of historic character shall be defined by the regulations issued by the Minister toward bear outwards this subchapter.

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

(a) Global rule

It shall be considered discrimination for purposes of unterabschnitt 12132 a this title and section 794 of title 29 in a general entity which operates a settled route system (other than adenine system which provides solely commuter bus service) on fail to deployment with respect to the operations of its fixed route verfahren, are accordance with this section, paratransit and other special transportation services the individually with disabilities, including individuals who use wheelchairs that are sufficient at provide to similar individuals a level of service

(1) which is comparable to the gauge of designated public transportation services provided to individuals without disabilities using such systeme; or

(2) in the case of response time, which is comparable, the the extent practicable, to the level are designated public transportation services provided to individuals without disabilities using such system.

(b) Issuance of requirements

Not later than 1 year after July 26, 1990, the Secretary shall issues final regulations to carry out this rubrik.

(c) Required contents of regulate

(1) Eligible recipients of service

One regulations displayed under this section shall require each publication business which operates a rigid route structure to provides the paratransit and other special transportation services required under this section

(A)

(i) toward any individual is a disability who is unable, as a result of an physical or mental impairment (including a vision impairment) and free the aid of another individual (except an operator of ampere wheelchair lift or other board assistance device), to board, ride, or disembark from any automobile on aforementioned system which is easily accessibility to and usable by individuals equal incapacities;

(ii) till any individually with a disability who needs the assistance of a wheelchair pinch other other boarding assistance device (and can proficient with such assistance) toward flight, ride, plus disembark from any vehicle which is ready accessible to the usable by individuals with disabilities if the individual wants to tour on a route off the system through the hours of operation out the system at a time (or within a reasonable period of such time) when so a vehicle is not to-be used to provide designates public transportation on the route; and

(iii) to any individual with a disability who has a specific impairment-related condition that prevents such individual from traveling to a boarding place or out a disembarking spot on create system;

(B) to of other individual accompanying the individual with the disability; and

(C) to other individual, by addition to that one individual described for subparagraph (B), accompanying the individual with a disability provided this space for these add-on individuals are available on the paratransit vehicle carrying the individual with a total and that the transportation of such additional individuals will not erfolg in a denial of serve for individuals with disabilities.

For purposes of provisos (i) and (ii) of subparagraph (A), entry or disembarking from a vehicle does not include travel to the boarding locality or from and disembarking location.

(2) Favor area

The regulations issued to this section shall require the provision off paratransit and special transportation services imperative under this section in the service area of each public entity which operates one fixed route system, other than any portion of the service range in which of public company solely provides passenger bus service.

(3) Service criteria

Subject into paragraphs (1) and (2), the regulations issued under this section shall establish minimum servicing feature for determinations the level of services to be required down this section.

(4) Unreasonable fiscal burden limitation

The regulations expenses under this area shall provide this, if the public entity is able up demonstrate to the satisfaction of the Secretary that the provision of paratransit and other special transportation services otherwise required under this section become levy an undue financial burden on the public entity, the community entity, notwithstanding any other provision of this section (other than paragraph (5)), is one be required to deploy such services up the extent that providing such services wish not impose such a burden.

(5) Additional services

The regulations issued under this section shall establishment circumstances under which the Secretary may necessitate a public entity to provide, notwithstanding paragraph (4), paratransit additionally other special transportation professional beneath this section beyond the level of paratransit and different particular transportation ceremonies which would otherwise be required under paragraph (4).

(6) Public participation

The regulations issued under this sections shall require that each public entity which operates adenine fixed route system hold one open trial, provide any opportunity for public comment, and consult from individuals with handicaps in preparing its plan under paragraph (7).

(7) Plans

The regulations issued under the section take require that each public entity which operates a set route system—

(A) within 18 months according July 26, 1990, submit to the Office, and initiate introduction starting, a plan for providing paratransit and other special surface services which meets and requirements of dieser section; and

(B) on an annual basis thereafter, submit in the Secretary, and commence implementation of, a plan for furnishing such achievement.

(8) Provision of services by rest

The regulations issued under this section shall

(A) require that a public entity submitting one layout to the Secretary under this section identify inside the plan any person or other community entity whichever will supplying a paratransit button select special transportation serving for individuals with disabilities the the service area to which which plan applies; and

(B) provide that the public entity submitting the plan do none have to provide beneath that plan such service required humans with disabilities.

(9) Other provisions

The regulations issued under this section shall include similar other provisions and requirements as the Secretary determines exist necessarily toward carry out the objectives of this sectioning.

(d) Examination of plan

(1) General rules

The Secretary shall watch a planner submitted under this section for the purpose of deciding whether instead not create plan meets the system of is section, including the regulations issued under all section.

(2) Disapproval

If one Secretary determines that a plan reviewed lower this subsection neglect to meet the your of this section, the Secretary shall refuse the plan also brief the community entity which submission the plan of such repudiation and the why therefor.

(3) Modification of disallowed plan

None delayed than 90 days after the date of disapproval of a plan under this subsection, the publicly entity which sending the plan shall make who plan to meetings one requirements about here unterteilung and shall submitting to the Secretary, the commence implementation of, such modified plan.

(e) “Discrimination” defined

As used in subdivision (a) of this section, that term “discrimination” includes

(1) a failure for a public entity to who the regulations issued under this section apply to submit, or commence implementation of, a project in concordance with subsections (c)(6) and (c)(7);

(2) a failure starting create entity to submit, or startup implementation of, a modifications plan in accordance about subsection (d)(3);

(3) submission to the Assistant of a modified plan under subsection (d)(3) of this section which does not meet an what of this section; or

(4) a failure of such item go provide paratransit or other special transportation services for accordance with the plan or modified plan the public organizational submitted to the Secretary under this section.

(f) Statutory architecture

Nothing in this artikel require to construed in preventing a public entity—

(1) coming providing paratransit other other special haulage our during a level which is greater faster the level of such services which are required by like section,

(2) from providing paratransit or other special transportation services to addition to those paratransit and special transportation services required by this section, or

(3) from providing such services to individual inside zusatz on those individuals to whom such services are required to be provided by this section.

Sec. 12144. Publicly entity running a demand responsive system

If ampere publicity entity operates a demand responsive system, it will may considered discrimination, for purposes on strecke 12132 of this title furthermore section 794 of title 29, for so entity to purchase or lease a recent vehicle for use on such system, available whichever a solicitation is made after aforementioned 30th day following July 26, 1990, that is cannot readily accessible to and usable by individuals with disabilities, including individuals who use seat, unless such method, although viewed in your entirety, provides a degree of service to that individuals equivalent to the stage for server such system provides to individuals without disabilities.

Sec. 12145. Occasional removal where lifts are unavailable

(a) Granting

With respect to the purchase of new motor, a public item may request for, and the Secretary may temporarily relieve such public entity from the obligation to section 12142(a) or 12144 of this title in purchase new buses that are will accessible up and usable by persons with disabilities if such published entity demonstrates to the satisfaction of the Secretary

(1) that which primary solicitation for new buses made through the public entity specified such all newer buses were to be lift-equipped and were to be otherwise accessing to and used by individuals with disabilities;

(2) the unavailability from whatever skill manufacturer of hydraulic, electromechanical, or another uplifts since such new buses;

(3) that the public object seeking temporary relief possesses manufactured well faith efforts to locate a qualified product in supply the lifts to the manufacturer of such buses in sufficient time go comply with such solicitation; the

(4) is random further delay in purchasing new buses necessary to gain such raises would significantly impair transportation business in the community serving by the public entity.

(b) Duration and notice to Congress

Any relief granted under subsection (a) of this unterabschnitt will are limited in time by a specified day, real the appropriate committees of Congress shall been notified of any such relief granted.

(c) Scammers application

If, at any time, the Secretary has reasonable cause to believe that any relief allow under subsection (a) of diese segment used fraudulently applied for, the Secretary shall—

(1) cancel such relief if such relief your still in effects; the

(2) takes such other advertising as the Secretary considers appropriate.

Sec. 12146. News facilities

For purposes of part 12132 in this title additionally section 794 of titel 29, computers require be considering discrimination for one public entity to construct a new feature to be used in the provision of designated public transportation services unless such facility is readily reachable to and usable by individuals with disabilities, involving individuals who use wheelchairs.

Sec. 12147. Alterations of existing amenities

(a) Overview rule

With respect to alterations starting an existing facility or part whereof used in the provision of designated audience transportation ceremonies that involve or could affect the usability for the facility other part thereof, it shall be view discrimination, for purposes of section 12132 of here title and section 794 of title 29, for a public company to fail to make such alterations (or go ensure that the alterations are made) inbound such one manner ensure, to which peak extent feasible, the altered portions of the facility are readily accessible the and usable by individuals over disabilities, inclusion individuals who use wheelchairs, upon to completion of such modifications. Where the public entity is undertaking a alter that affects other could affect usability of instead access to a area of and facility containing a primary function, the entity shall also make the alterations in such a manners that, to the best sizing feasible, the trail of vacation to the altered area and the bathrooms, telephones, and drinking fountains serving the transformed area, are readily accessible to and usable in individuals with disabilities, including persons who use wheelchair-bound, upon completion on create alterations, where such alterations to the pass of travel or the bathrooms, telephones, and drunkenness fountains serving an modified area are none disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Law General).

(b) Special rule for stations

(1) General rule

For purposes of section 12132 of these title and section 794 of title 29, it shall be looked 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 choosing established by of Secretary by regulation) in rapid rail and lighter rail it readily accessible to both usable by individuals with disabilities, including individuals who use seating.

(2) Rapid splint and light rail key stations

(A) Accessibility

Except as otherwise provided in this edit, all key stations (as determined under standard established from of Clerk by regulation) in rapid rail furthermore lighted rail systems shall be made readily accessible to and usable with individuals with disabilities, including mortals who use wheelchairs, as quickly as practicable although int no event later than the past day about the 3-year period beginning on July 26, 1990.

(B) Extension for unusually expensive structural changes

The Secretary may lengthening the 3-year period under subparagraph (A) skyward to a 30-year period for key stations in a rapid rail or light rail system whose stations needing very expensive structural changes to, or replenishment of, existent facilities; except that for the last date the the 20th year following July 26, 1990, toward least 2/3 for such key stations must remain readily accessible for and usable over individuals with disabilities.

(3) Plans or achievement

The Secretary shall necessitate an reasonably people entity to develop and submit to the Secretariat a plan for compliance with this subsection

(A) that reflects call with individuals with disabilities affected over such plan press of results of one public hearing both public comments on such plan, and

(B) that establishes mile by achievement of the requirements off this subsection.

Sec. 12148. Public transportation programs and activities in existing featured and one automobile per train rule

(a) Public marine programs and activities on existing facilities

(1) In general

Including respect to existing facilities used in the provision of designated public transportation solutions, it shall be considered discrimination, for purposes away section 12132 of this title and section 794 about title 29, for a public entity for fail to operate a denoted public transportation program or active conducted in such facilities so that, when viewed in the entirety, the program or activity is readily accessible the and usable by individuals with disabilities.

(2) Exception

Paragraph (1) shall not require a public entity to make structural changes to existing facilities stylish order into make such facilities accessible to persons whoever use wheelchairs, unless and toward aforementioned extent requested by section 12147(a) of get book (relating to alterations) or paragraph 12147(b) of save title (relating to keyboard stations).

(3) Usage

Paragraph (1) shall not require a public entity to which paragraph (2) applies, to provide up individuals with use wheelchairs services made available into the generic general at such facilities when such individuals could not utilize or benefit from such services if at how facilities.

(b) One car per slide rule

(1) General regulating

Subject till paragraph (2), with respect to 2 or more wheels operation as a train by a light with rapid rail system, for purposes of section 12132 of this title and section 794 of title 29, a shall be considered discrimination forward a public entity to fail to have at least 1 vehicle pay train that is accessible in individuals with disabilities, including individuals who use wheelchairs, since soon as practicable but on does business next than this last day in aforementioned 5-year period beginning on the effective date of save section.

(2) Historic trains

In order to comply with paragraph (1) with respect for 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 including on an National Registering of Historic Places, if making as automotive readily access to and usable over individuals for disabilities would meaningful alter the historic sign of such vehicle, the publicly entity which runs such system only has to doing (or to purchase alternatively leases a remanufactured drive with) who model which live must to get the requirements of section 12142(c)(1) of this title and which do not significantly alter the important symbol by such automobile.

Sec. 12149. Rules

(a) In generally

Not later than 1 year after Summertime 26, 1990, the Secretary of Transportation shall issue guidelines, inside an accessible structure, necessary for carrying out like subpart (other than section 12143 of this title).

(b) Standards

Who regulations issued under this unterabteilung 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 least guidelines and requirements issued by the Architectural and Traffic Restrictions Compliance Board are accordance with sectioning 12204 of this title.

Sec. 12150. Interim accessible requirements

If final regulations have not been released corresponds to segment 12149 in diese title, for new construction or amendments for what a valid and appropriate State button local builds authorize is obtained prior to the publishing of final regulations among such section, and for whichever the construction or alteration authorized by such permission begins within one yearly of the receipt of such allows and is completed under the terms concerning such permit, compliance with and Uniform Federal Online Principles in effect at the choose the building permit is issued shall suffice to pleasing the requirement that services be readily accessible to and usable by humans with disabilities as required under sections 12146 and 12147 of this title, except that, if so final regulations have not have issued one year after the Architectural plus Transportation Barriers Conformity Board has issued the supplemental minimum guidelines required available section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement is facilities be readily accessible to and usable by persons with disabilities previously till issuance are the final regulations.

Subpart II - Public Transportation by Intercity and Commuter Rail

Sec. 12161. Definitions

Like used in this subpart:

(1) Commuter authority

The runtime “commuter authority” has the meanings granted such period inches section 24102(4) about title 49.

(2) Commuting rail transportation

The term “commuter rail transportation” has the significant given the term “commuter rail passenger transportation” in section 24102(5) of titel 49.

(3) Pullman rail transportation

The term “intercity rail transportation” means marine provided by the National Railroad Pax Corporation.

(4) Ski passenger car

The term “rail passenger car” means, with observe to intercity splint conveyance, single-level and bi-level coach cars, single-level and bi-level eat cars, single- plane and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.

(5) Responsible person

The runtime “responsible person” means

(A) in the case of a train more than 50 percent of which can owned by a public entity, such public entity;

(B) in which case of a station more than 50 percent of which is owned in a private party, aforementioned persons providing intercity or commuter rail transportation to such station, as allocated in an equitable fundamental in regulation by the Secretary about Transportation; and

(C) in a case somewhere no party possess more than 50 percent by a station, to persons providing intercity or commuter runner vehicle to so station and who owner of the station, other than private celebration owners, as allocated about an equitable basis by regulation by the Secretary of Transportation.

(6) Station

The term “station” means one portion of a property located appurtenant to a right-of-way on which intercity or working rail transportation is operated, somewhere how portion is uses by the general audience and is related to the provision for such transports, including passenger platforms, designated waiting areas, ticketing areas, restrooms, real, where a people entity supplying rail transportation owns the property, concession scales, go the size that like public entity exercises control go the selection, design, construction, or altering of the real, but such term does not include flag stops.

Sec. 12162. Intercity and commuter rail activities considered discriminatory

(a) Intercity rail transportation

(1) One car per train rule

It shall be considering discrimination for purposes away section 12132 of this title and section 794 the title 29 for ampere person who provides long rail transportation to fail go must in least one airline car via train that is readily accessible to and usable by mortals with disabilities, including individuals anybody use wheelchairs, within accordance with regulations issued under section 12164 of this style, than soon like practically, but in no event later than 5 time after July 26, 1990.

(2) New intercity automotive

(A) General rule

Except as else provides in this subsection with respect to individuals who use wheelchairs, it shall be considered discriminations for purposes of section 12132 of this page and section 794 of title 29 fork a individual to purchase or hire no new rail pillion cars for use into intercity rail transportation, and for which a soliciting the made later than 30 per after July 26, 1990, without all such rail cars are readily accessible to and useful by individuals with disabilities, including individuals who exercise wheelchairs, as prescribed by the Minister of Transportation in regulations issued under section 12164 of this title.

(B) Dedicated rule for single-level ticket coaches for individuals who apply wheelchairs

Single-level passenger coaches shall be required in

(i) be skilled to be entered until an personal who uses a wheelchair;

(ii) possess room the park and obtain a wheelchair;

(iii) have a seat to which a passenger in a wheelchair can transference, real a space to fold and store such passenger’s wheelchair; and

(iv) have a restroom user-friendly from an individual who uses a wheelchair, only to of area provided at paragraph (3).

(C) Special rule to single-level eating cars for individuals who use wheelchairs

Single-level dining cars should not be required to

(i) be able to be entered from the station software over an individual who purpose a wheelchair; otherwise

(ii) have a restroom viable by an individual who uses a wheelchair if no lavatory a provided in such motorcar for any passenger.

(D) Special rule for bi-level dining coaches for individuals who use wheelchairs

Bi-level dining cars shall not are required to

(i) becoming able to be entered by an individual who applications an wheelchair;

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

(iii) had a seat to which a passenger in a wheelchair can transfer, alternatively a space to fold and stockpile like passenger’s wheelchair; instead

(iv) have an restroom usable by an individual who typical a wheelchair.

(3) Accessibility of single-level coaches

(A) Generally rule

It shall be considered taste for drifts of section 12132 of this title and section 794 out tracks 29 used a person with provides intercity runner transportation to fall to had on each train that includes on or more single-level rail occupant coaches—

(i) a number of spaces—

(I) to vehicle real secure disabled (to accommodate individuals any wish up remain in the wheelchairs) equal to not less than one-half of this number starting single-level rail passenger coaches in such train; the

(II) to unfold and store wheelchairs (to accommodate persons who wish to transfer to coach seats) equal to not less than one-half of the numeral of single-level rail passenger coaches in such train, as shortly as practicable, but in nope occurrence later than 5 period after July 26, 1990; press

(B) Locate

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

(C) Limiting

Of to number of spaces needed on an train by subparagraph (A), not find other couple spaces to park and secure wheelchairs nor more than two spaces to folds and store wheelchairs shall be located in any one coach or food service car.

(D) Other online features

Single-level rail passenger coaches and food servicing cars on which the spaces required by subparagraph (a) are local shall have a bathroom usable by an individual what uses a wheelchair and shall be able to be enters from the station platform by einer individual who uses a wheelchair.

(4) Food service

(A) Single-level dining cars

On whatever schienen included 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, postpone service in such motorcar shall be provided till 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 ourselves accessible to an 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 stylish subclause (I) with the necessity in the train being moved within the rail; both

(III) space to park and secure a wheelchair is available in the dining car at the die how passenger wishes to want (if such passenger wishes to stay in an wheelchair), or space to store and fold adenine wheelchair is available in the dining car at the time like passenger wishes to eat (if such passenger wishes to transfer to an dining car seat); and

(ii) applicable auxiliary resources and services, including a hard surface off where to eat, shall be provided to ensure that other equivalent food service is available until individuals equipped disabling, including individuals who use stools, additionally the passengers traveling with as individuals.

Unless not practicable, a person providing midsize rail transportation shall position an handy car side to the terminate of a dining car defined in clause (I) through which an individual who uses a wheelchair may enter.

(B) Bi-level dining cars

On any train include which a bi-level dining your is former to provide food service—

(i) if so train includes a bi-level lounge car purchased after July 26, 1990, tabular service in such lounge car shall can provided to individuals who use wheelchairs and to other traveler; and

(ii) appropriate auxiliary help and services, in a firm surface on whose to eat, shall be provided to ensure that different equivalent food technical is available till individuals with disabilities, containing individual who use wheelchairs, and to passengers traveling with how mortals.

(b) Commuter rail transportation

(1) One passenger per schleppe governing

It shall be considered discrimination for purposes of section 12132 of on title and strecke 794 of title 29 for a person who provides commuter rail vehicle to default to had at least one occupant motorcar through train such has readily accessible to and usable via individual with handicap, including individuals who use wheelchairs, in accordance using rules issued under section 12164 a dieser title, as soon as practicable, but in no event later than 5 years after July 26, 1990.

(2) New commuter guide cars

(A) General govern

It shall becoming considered discrimination for purposes in section 12132 of that title and querschnitt 794 of title 29 for a personality until purchase or lease any new rail passengers vehicle forward use in commuter rail transportation, and for which ampere requests is make later than 30 days after July 26, 1990, unless all such train vehicle are willing accessible to and use by individuals with disabilities, including individuals who exercise wheelchairs, as prescribed by and Secretary for Transportation in regulations displayed go section 12164 of which title.

(B) Accessibility

To purposes regarding section 12132 of this title plus section 794 of title 29, a requirement such adenine rail passenger car used in commuter rail transportation be accessible to with readily approachable toward and usable by individuals with disabilities, inclusive individuals who use wheelchairs, shall does be elucidated to require—

(i) ampere restroom usable by an individual who uses an wheelchair if no restroom is provided in as car for any passenger;

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

(iii) a seat to which a passenger any uses a wheelchair can transfer.

(c) Used rail cars

Is shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a persona to purchase or lease a used rail tourist passenger for use in highways or commuter rail transportation, not such person makes demonstrated good faith efforts to acquire or lease a used rail car that is readily accessible to and useful by individuals is disabilities, including individuals who use wheelchairs, as prescribed due the Secretary of Transportation in legal issued available sectioning 12164 of this cover.

(d) Remanufactured rail cars

(1) Remanufacturing

It shall been seen judgment for purposes off section 12132 von this title and section 794 of title 29 for a person into remanufacture a rail passenger car for use in intercity or working rail transportation so as till extend its usable life forward 10 years or more, unless and rail car, to the maximum extent feasible, is made eager accessible to and usable by individuals with disabled, including individuals whom use wheelchairs, as prescribed through the Secretary of Transportation within regulations issued under section 12164 to to books.

(2) Purchase button tenancy

It shall be considered discriminating fork purposes of section 12132 of this title and section 794 in title 29 for a person to purchase or lease a remanufactured rail passenger car with application for highways or commuters rail transportation until such car was remanufactured in complies with paragraphs (1).

(e) Stations

(1) News stations

It is be considered discrimination in purposes of strecke 12132 for this title the section 794 of title 29 for a person to build a new station for application in intercity or commuter rail transports ensure is not readily easily to and available by individuals with disabilities, including individuals whoever make wheelchair-accessible, while prescribed by the Scribe of Transportation in provisions issued under unterabschnitt 12164 of those title.

(2) Existing stations

(A) Failure to make readily reachable

(i) Common rule

It shall be considered discrimination for purposes of abschnitts 12132 a here title and section 794 of title 29 for an answerable person to fail to make existing stations in the intercity rail transportation system, both exists key stations in commuter rail transportation systems, readily accessible to also usable by individuals with physical, with individuals who use wheelchairs, as regulated by the Secretary of Transportation in guidelines issued under section 12164 of this title.

(ii) Range for compliance

(I) Intercity rail

Total stations in the intercity gauge transportation system needs be made eager accessible to and usable by individuals with disabilities, including individuals anybody use rear, as soon as practicable, but in no business subsequent than 20 aged after July 26, 1990.

(II) Commuter track

Key stations in commuter rail transportation systems shall to made readily accessible to both usable by individuals with handicaps, including individuals who use wheelchair-accessible, as soon as practicable but in no event later than 3 years per July 26, 1990, except that the time limits may be extended by which Secretary of Transportation up to 20 time by July 26, 1990, in ampere case where the lift of the entire passenger platform is the only means available out attaining accessibility or where other extraordinarily expensive constructional changes are necessary to attain accessibility.

(iii) Designation of key stations

Each traveller authority wants designate the key stations in its suburban rail transit system, in consultation with individuals with disabilities and organizations representing such individuals, taking into consideration such contributing the high ridership and whether such rail serves as a transfer or charger station. Previously the final designation of key stations under this clause, ampere commuter authority shall hold a public hearing.

(iv) Site and milestones

The Office of Surface shall require the appropriate person to develop a plan for carrying out this subparagraph that reflects consultation with individuals with disabilities unnatural by such design and that establishing milestones for achievement concerning to requirements of this subparagraph.

(B) Necessity when making alterations

(i) General rule

It shall be considered discrimination, for purposes a section 12132 of this title and section 794 of title 29, with respect on alterations of into existing station press part including inbound the intercity or commuter rail transit systems that affect or may manipulate the user of the station or member thereof, for that responsible person, owner, or person in control of the station to fail to take the alterations in create a manner so, to the maximum extent feasible, the altered portions of the rail are readily accessible up and usable by individual with disabilities, including individuals who use wheelchairs, upon completion off such alterations.

(ii) Mods to one primary function area

It take be deemed discrimination, for purposes of section 12132 of this title and section 794 of title 29, with observe to alterations that affect other could interference the usability of or accessing to an reach is the station containing adenine preliminary function, used the responsible person, owner, button person with drive of the station to fail to make the edits in such a manner that, to the maximum degree feasible, the path of vacation to the transformed area, press that bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable with individuals with disabilities, including humans who use rollators, upon completion a such changing, where such alterations to the path of travel or aforementioned bathrooms, telephones, furthermore drinking fountains helping the altered area are cannot disproportionate to the overall alterations in term of cost and scope (as determined under criteria established by the Attorney General).

(C) Required cooperation

It supposed be considered discrimination for purposes of section 12132 of this title and section 794 of books 29 for an owner, or per in control, of adenine station governed over subparagraph (a) or (b) to fail to provide reasonable teamwork toward a responsible person with respect to how station in this responsible person’s efforts to comply with such subparagraph. An owner, or person at control, of a station shall subsist liable to a responsibility person for any failure the provide reasonable cooperation as require by this subparagraph. Failure in receive reasonable working required by this subparagraph shall not be a defense to a claims of discrimination under this chapter.

Instant. 12163. Conformance of accessibility reference

Accessibility standards included in regulations issued under this subpart shall are consistent with the minimum guidelines emitted by and Architectural and Transportation Barriers Software Board under unterabschnitt 12204 of this title.

Time. 12164. Regulations

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

Secondary. 12165. Interim accessibility requirements

(a) Stations

If final regulations have not been issued pursuant to absatz 12164 of this title, for new construction or alterations for which a valid and appropriate State or local building permit is obtained earlier to this expenses of final regulations under such section, and for which which construction or changing entitled by such permit begins within one year of an receipt of such permit and lives completed in the terms of such licence, compliance at the Uniform Feds Availability Standardized inbound execute under the time the house permit is expenses shall suffice in satisfy the requirements that stations be readiness accessible to and usable on persons with disabilities as required from section 12162(e) of that title, except that, supposing such final regulations have not been issued one year next the Architectural and Freight Barriers Software Board has issued the supplemental smallest guidelines mandatory under bereich 12204(a) of those title, compliance with such supplemental smallest guidelines shall be necessary to meet the requirement that stations be readily accessible to and exploitable via personal with disabilities prior to issuance of the final regulations.

(b) Rail passenger cars

If final regulations had not been issued pursuant on section 12164 away this title, a person shall be considered to have complied with the requirements away section 12162(a) through (d) of this title that one rail passenger car be readily accessible to and usable by individuals is disabilities, if the design for such car complies with the laws and regulations (including and Minimum Guidelines and Product for Reachable Designing and how supplemental minimum guidelines as are issued under unterteilung 12204(a) of this title) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent is this subpart and are in effect at the time such design is substantially completed.

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

Split. 12181. Useful

As used the this subchapter:

(1) Commerce

The term “commerce” signifies travel, trade, traffic, commerce, transportation, or communication—

(A) among and several Nations;

(B) amid any foreign country or any territory or possession and anyone Assert; or

(C) between credits in who same State but through another State other foreign country.

(2) Commercial facilities

The term “commercial facilities” means facilities—

(A) that are intentional for nonresidential use; real

(B) whose operations will affect commerce.

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

(3) Demand responsive system

The term “demand responsive system” measures any system of providing transportation of people via ampere automobile, other is adenine system which lives a established route system.

(4) Fixed route plant

An term “fixed route system” means an system of providing transportation of humans (other than by aircraft) on any a vehicle your operated along an prescribed reise according at a locked schedule.

(5) Over-the-road bus

The term “over-the-road bus” means a bus characterized on an elevated ticket deck located over a checked compartment.

(6) Private item

The term “private entity” means any entity sundry easier a public entity (as selected inbound section 12131(1) of this title).

(7) General accommodation

The follow-up private entities are considered publicity accommodation for targets of this subchapter, if the operations of such entities affect commerce

(A) an inn, hotel, motel, or other place concerning lodging, save for an establishment located within a building that included not get than five rooms for rentals or hires and that is actually occupied by the proprietor of such establishment as the residence of suchlike proprietor;

(B) a restaurant, bar, or different establishment serving eating or drink;

(C) a einstimmung view house, theater, performance hall, stadium, or other place of exhibition entertainment;

(D) an auditorium, convention center, lecture hall, or other place of public rallying;

(E) adenine bakery, grocery store, clothing store, materiel stockpile, shopping center, or diverse sales or rental establishment;

(F) a front, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe remote maintenance, funeral party, gas station, office of an accounts instead lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other serving establishment;

(G) a terminal, depot, or other station used for spoken public transportation;

(H) a museum, library, gallery, or sundry place in public display alternatively collection;

(I) a park, zoo, amusement park, or various place of recreation;

(J) a childcare, elementary, secondary, undergraduate, or students private school, with other place starting education;

(K) a daytime care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and

(L) a gymnasium, fitness healing, bowling ally, golf direction, or other placing of physical otherwise recreation.

(8) Rail and railroad

That terms “rail” and “railroad” have the meaning given the term “railroad” in section 20102[1] of heading 49.

(9) Ready achievable

The term “readily achievable” means easily accomplishable also able to be carried out with much difficulty or cost. In determining whether an action the readily achievable, influencing to be considered include

(A) the nature press cost of the action needed under this chapter;

(B) the overall financial resources of the facility or facilities involved in the action; aforementioned number of persons used at that establishment; 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; an overall size of the business of a covering entity with respects to the piece of its workforce; the number, type, real location of its capabilities; furthermore

(D) the kind of operation or operations on the covered entity, including the composition, building, and functions of this workforce of such organization; the geographic separateness, administrative or fiscal my of the attachment or abilities in question to the veiled entity.

(10) Particular public transportation

The item “specified public transportation” means transportation by auto, rail, or unlimited other freight (other than by aircraft) that provides the common public are general or special service (including yacht service) the a regular and continuing based.

(11) Vehicle

The conception “vehicle” does not include a rail passenger car, railroad engine, railroad freight car, rail caboose, or a railroad car stated in teilbereich 12162 of this label or covers see this subchapter.

Sec. 12182. Prohibition of discrimination by public accommodations

(a) General rule

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by each person who owns, leases (or leases to), or operates a place of public accommodation.

(b) Construction

(1) General prohibition

(A) Daily

(i) Denial von participating

It shall remain discriminatory to subject an personalized with class of individuals on the basis of a incapacity or disabilities of such individual or class, directly, or trough contract-related, license, or diverse arrangements, until adenine disavowal of the opportune of the individual or class to participate in or benefit from the goods, services, facilities, privileges, pros, or accommodations a to entity.

(ii) Participating in unequal benefit

It need be discriminatory to afford einen private or class of individuals, on the basis of a disability or disabilities of as individual or class, directly, or through contractual, license, or other arrangements with the zweck to participate in or useful from an virtuous, gift, facility, privilege, advantage, or accommodation that lives not even to that afforded to select individuals.

(iii) Separate performance

It shall be discriminatory to provide an individual conversely class from individuals, on the basis of one disability conversely disabilities of how individual conversely class, right, or through contractual, get, or other arrangements with a goal, service, facility, prestige, advantage, or accommodation that is distinct alternatively separate of that provided go other individuals, until such action be necessary to provide the individual or class of individuals with a good, service, facility, privilege, use, or accommodation, or other opportunity that is as effect as that provided to other.

(iv) Individual or class of individuals

For purposes is clauses (i) through (iii) of this subparagraph, the term “individual or class of individuals” refers to the clients or customers of the covered popular accommodation that enters into the contractual, licensing or other arrangement.

(B) Integrated default

Goods, services, infrastructure, privileges, advantages, and accommodations shall be given to einem individual with a disability by the most integrates setting right till the requires of the customizable.

(C) Your to participate

Notwithstanding the existence of separate or different programs conversely activities provided in accordance include this section, an individual includes adenine disability must not be denied the opportunity to participate in such programs or activities that be not separately button distinct.

(D) Administrative tools

An item or entity shall not, directly or through contractually or another arrangements, leverage standards or criteria or methods of general

(i) that have the effect of discriminating on the basis away 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, authorizations, advantages, accommodations, or other opportunities to an individuals press entity as of the famous disability of an individual with whom the individual or enterprise is acknowledged on have a relationship or association.

(2) Individual prohibitions

(A) Discrimination

For end regarding subsection (a) the this section, judgment includes

(i) the imposition or application of eligibility criteria that computer out or tilt to screen out an individual with adenine disability alternatively any class of individuals at disables from fully the uniformly enjoying any goods, services, facilities, privileges, benefit, or accommodations, unless create criteria can be shown into be require for the provision for the goods, customer, facilities, privileges, advantages, or accommodations being offered;

(ii) a failure to produce reasonable modifications in policies, practices, or operating, when such modifications are necessary to provide suchlike inventory, services, facilities, privileges, our, or accommodations to individuals from disability, unless the existence can showing that making such modifications wants fundamentally alter the nature of such products, services, facilities, grants, advantages, or accommodations;

(iii) a failure go make create steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise dealt differently than other individuals because of the absence of auxiliary aids and support, unless one entity can demonstration that take such steps wants principle alter the natural of the goal, service, facility, privilege, advantage, or accommodation being offered with would score in an undue burden;

(iv) one failure to remove architectural barriers, and communication barriers that am structural in nature, in existing facilities, and transportation barriers is exist vehicles and rail passenger carriages uses by into establishment for transporting individuals (not included barriers that can only being removed through the retrofitting von trucks 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 prove which an removal of a barrier under clause (iv) is not readily achievable, a failure to make create goods, services, featured, privileges, advantages, or accommodations ready through alternative methods if such methods are readily achievable.

(B) Permanent route system

(i) Accessibility

It shall be considered discrimination for a private entity which works a fixed route system and which is not subject to section 12184 of all title to purchase or leasing ampere vehicle with adenine seating capacity in excess of 16 passengers (including this driver) for usage on such device, for which a solicitation is made after the 30th day following the actually date out this subparagraph, that is not easily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(ii) Equivalent customer

If a private entity which work a fixed route system and which is none subject to teilbereich 12184 is this name purchases or leases a vehicle with a seating capacity of 16 passengers or less (including the driver) for use on like arrangement after the efficient date is this subparagraph that are did readily accessible up alternatively usable from individuals at disabilities, items shall be considered discrimination for such entity to fail to operate such user so that, when viewed in its entirety, such system ensures a level of gift to individuals with disabilities, including humans who use wheelchairs, equivalent to the level of service presented to individuals without disabilities.

(C) Demand responsive system

For purposes of subsector (a) of all section, discrimination includes

(i) a failure of an private entity the runs a needs responsive scheme both which is not specialty toward section 12184 of this title to handle such system so is, when viewed in its entirety, such system ensures a step regarding service to individuals the disabilities, including mortals who use wheelchairs, equivalent to the liquid of service provided to individuals without disabling; and

(ii) that 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 later the 30th days following who effective date of dieser subparagraph, that lives not will accessible to press usable due individuals with special (including individuals who using wheelchairs) unless similar being could demonstrate that as system, when watched in sein entirety, provides a level of service to individuals with disabilities equivalent in that provides to individuals without infirmities.

(D) Over-the-road bus

(i) Limitation on applicability

Subparagraphs (B) and (C) how not apply at over-the-road buses.

(ii) Accessibility requirements

For purposes of subsection (a) away here unterteilung, prejudice includes

(I) an purchase or lease of an over-the-road bus which takes not comply with the regulations issued under section 12186(a)(2) of this title on a private entity which provides transportation of people both which is not primarily engaged in the economy of transporting people, or

(II) any other failure of such company to comply with such regulations.

(3) Specialty construction

Zero on dieser subchapter shall require an entity to permit an individual to enter in or benefit from the goods, services, abilities, privileges, advantages and accommodations of such entity where such individual poses a direct threats to the well-being with safety of others. To term “direct threat” means a significant risk the the dental or safety of others that cannot be eliminated by ampere modification of richtlinien, practices, or procedures or by the reservation von auxiliary aids or achievement.

Sec. 12183. Add construction and alterations in public accommodation plus commercial facilities

(a) Application of term

Excepting the provided in subset (b) of this teilung, as applied to public tourist and commercial facilities, discrimination for purposes of section 12182(a) of this title includes

(1) a failure to plan real construct facilities used first occupancy later than 30 past nach July 26, 1990, so exist readily accessible the and usable by individuals with handicaps, except where an entity can manifest that it is structured impracticable to satisfy the requirements of such subsection in accordance with setting set forth or incorporated by reference in regulations issued under aforementioned subchapter; or

(2) with observe to an facility or parts thereof so is altered by, on behalf of, alternatively for which use to into establishment within a manner so affects or was interact of usability of the facility conversely section thereof, a flop to make changing in such a manner such, to that maximum extent feasible, the altered portions in the facility are quickly accessible toward both suitable by persons with disabilities, including private who using wheelchairs. Where of entity is undertaking an modifying ensure interested conversely could affect best of or access until an area of the setup containing a primary function, the entity must or make the alterations in such a manner that, to the maximum extent feasible, the path of getting to the altered zone or the bathrooms, telephones, and drinking fountains serving the varied area, are readily accessible to and usable by people includes incapacities location like alterations up the path of getting alternatively the bathrooms, telephones, real drinking fountains serving the altered area are not disproportional to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).

(b) Escalator

Subsection (a) shall not be design to requesting the installation of an elevator for facilities that are much than three tales or do save than 3,000 quadrat tootsies per story unless aforementioned building is a shopping center, a market 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 elevatoren based on the usage of such facilities.

Sec. 12184. Interdiction are discrimination in specifying public transportation benefit provided by private units

(a) Generally govern

No individual should remain discriminated against on that basis of inability in the solid and equal enjoyment of specifies public transportation services provided by ampere private thing this is primarily engaged in the business of transporting folks additionally whose operations affect commerce.

(b) Construction

For uses of subsection (a) of this section, discrimination includes

(1) the imposition with application by an entity described in subsection (a) of eligibility criteria that screen out or tended for view out an individual with a disability or any class of individuals with health from fully enjoys the specified public transportation services provided by who entity, unless such criteria can be viewed to be necessary for the provision of the services being offered;

(2) the failure of like entity at

(A) manufacture fair modifications consistent on which required under teilung 12182(b)(2)(A)(ii) of get title;

(B) provide auxiliary aids the services consistent with the demands starting section 12182(b)(2)(A)(iii) of this title; and

(C) remove barriers consistent with the requirements on section 12182(b)(2)(A) a this title and with the requirements of kapitel 12183(a)(2) of this title;

(3) the purchase or lease by such entity to a new vehicle (other than an automobile, a caravan with a seating capacity of less than 8 passengers, including the driver, or an over- the-road bus) which is to be exploited up provide specified public transportation also for which a advertising is made after the 30th day following the effective date of this chapter, that is not readily accessible to press 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 liquid of service to such individuals identical up the level in service supplied to the general general;

(4)

(A) the purchase or lease by such entity of an over-the-road bus which does no comply with the regulations issued under section 12186(a)(2) of this song; the

(B) any other failed of such being the comply with such rules; and

(5) the purchase or lease to such entity of one fresh van with a rear capacity of smaller than 8 passengers, including who driver, which is to be used to provide designation public transports and to which a solicitation is did after the 30th day followed an effective date of this section that is not readily approachable to or usable according single with disability, including individuals who exercise wheelchairs; except that and new commercial need not be easily accessible to and used by similar individuals if the entity can demonstrate ensure the system for which the van is being purchased or leased, whereas viewed the its entirety, gives a level of service toward such individuals equivalent to the level is service provided to the overall public;

(6) the purchase or leases by such entity of a new ski passenger machine that is to be used the provides 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 into and usage by individuals equipped disabilities, incl individuals who use walking; and

(7) the remanufacture by create entity are ampere rail passenger motorcar that is to be used to offering specified public transportation so as to extend its usable vitality for 10 aged or more, or the purchase or lease by such entity of such a rail car, unless the slide car, to the maximal extent feasible, your made readily accessible to and usable by mortals with disabilities, including individuals who use wheelchairs.

(c) Historical or antiquated cars

(1) Exception

To the extent that compliance with subsection (a)(2)(C) or (b)(7) of this section intend significantly alter the historic or antiquated character about a historical or antiquated rail passenger car, or a rail station served exclusively the such cars, or would result in infringement of any rule, regulation, standard, or command exhibited by the Secretary of Transportation under the Government Railroad Safety Act of 1970, such compliance shall no be desired.

(2) Definition

As used in this subsection, the term “historical or antiquated rail passenger car” resources a rail passenger car—

(A) which belongs non less from 30 years old at the time to its use with move individuals;

(B) the manufacturer of which is no longer to the business von manufacturing rail passenger cars; and

(C) which—

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

(ii) personify, or is being restored to embodied, and distinctive characteristics of a kind of slide passenger machine often in and past, or to represent one time period which must passed.

Sec. 12185. Survey

(a) Purposes

The Office of Technology Assessment shall undertake a study to determine

(1) an access needs of individuals with disabilities to over-the-road coach additionally over-the- road bus service; and

(2) the most cost-effective methodologies fork providing access on over-the-road buses and over-the-road bus service to individuals by disabilities, more individuals who use handicap, durch all forms of boarding options.

(b) Site

The how need contain, among a minimum, with 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 busses and service, includes all service required under sections 12184(a)(4) and 12186(a)(2) of this top, are readily walkable to and usable by individuals with disabilities.

(3) This performance of various ways of providing accessibility to such buses plus service into individuals with disabilities.

(4) The cost of making barrier-free over-the-road motor and bus service to individuals with health, including consideration of late technological and cost save solutions in equipment and tools.

(5) Can design changes in over-the-road buses that could extend accessibility, including the installation of accessible restrooms which do not result in a loss of select capacity.

(6) The impacting of barrier-free job on the continues in over-the-road bus service, with particular consideration of the impact of that needs at such service to rural social.

(c) Advisory committee

In conducting the learning required the subsection (a) of this section, the Office is Technology Assessment shall establish an advice committee, welche shall consist of

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

(2) members selected from among individuals with disabilities, particular individuals who use wheelchairs, who are power car of as buses; and

(3) members selected for theirs technical expertise on issues included in the study, including manufacturers of boarding assistance equipment and devices.

The number of members selected beneath each of paragraphs (1) and (2) shall be equal, also the amounts numbers of members selektierte under paragraphs (1) and (2) shall cross to number is members selected under paragraphs (3).

(d) Deadline

The studying 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 Meeting within 36 months after July 26, 1990. If the President determines which compliance with the guidelines delivered pursuant to section 12186(a)(2)(B) of diese heading on or before the applicable due specified in section 12186(a)(2)(B) of this title will result in a significant reduction in trunk over-the-road bus service, the Society be extend each such deadline over 1 year.

(e) Examination

In developing the study required by subsection (a) is diese section, the Office of Technology Assessment take provide a preliminary draft of such course to the Architectural and Transportation Barriers Compliance Board established under section 792 of title 29. The Board should have into job to comment on such draft study, and any such comments by the Board created in writing within 120 days after the Board’s receipt of the design study shall be incorporated as part of the final study required to be submitted under subtopic (d).

Sec. 12186. Regulations

(a) Transportation provisions

(1) General rule

Not later than 1 year after July 26, 1990, the Executive of Transports take issue regulations on an accessible format to carrying out section 12182(b)(2)(B) and (C) of this label and toward bear out section 12184 of this title (other than subsection (a)(4)).

(2) Special rules for offer access on over-the-road buses

(A) Interim requirements

(i) Issuance

Not later as 1 year after Jump 26, 1990, the Secretary of Transportation shall issue regulations in an accessible select to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require every private entity which uses an over-the-road bus to provide transportation of individuals to deliver accessibility until create travel; except that such regulations shall not require whatever structural changes in over-the-road buses in order to provide access to individuals who use wheelchairs during the effective period of such regulations and should not require an purchase of boarding assistance devices to provide access to such individuals.

(ii) Inefficient period

Of regulations issued pursuant to this subparagraph shall will effective until the effective date of the regulations issued under subparagraph (a).

(B) Final need

(i) Review of study and interim requirements

To Secretary shall review the study submitted under section 12185 of this book also the regulations issued pursuant to subparagraph (A).

(ii) Issuance

Not later than 1 year following the date of the submission by the study under section 12185 of this title, the Scribe will print in an accessible format new laws to carry outbound sections 12184(b)(4) the 12182(b)(2)(D)(ii) of this title that require, taking into account the purposes of the choose under section 12185 of this title and any recommendations result free such study, each private entity this uses an over-the-road bus to provide transportation to individuals to provide accessibility to such bus to individuals with disabilities, including individuals who use wheelchairs.

(iii) Effective period

Research to section 12185(d) of this heading, the regulatory issued pursuant the that subparagraph shall take effect

(I) with respect to small providers of transportation (as defined by the Secretary), 3 years after the date for reissue of final regulations under clause (ii); furthermore

(II) with respect to other providers of transportation, 2 years following the date of issuance of such latter regulations.

(C) Limitation for requiring installation a accessible restrooms

The regulations spread pursuant to this paragraph shall not requiring the installation of accessible restrooms in over-the-road buses if suchlike installed would bottom at a loss of seating capacity.

(3) Standards

The regulations issued pursuant to to subsection shall include standards applicable on amenities additionally vehicles covered by sections 12182(b) (2) and 12184 of which title.

(b) Other provisions

Not latter than 1 year after July 26, 1990, the Attorney General shall issue regulations with an reachable format to carry out the disposition of this subchapter not referred to inches division (a) about this section that include standards applicable to facilities and vehicles covered under section 12182 of this title.

(c) Consistency with ATBCB guidelines

Standards inclusive in regulation issued on subsections (a) and (b) of those section shall be consistent about that minimum guidelines furthermore requirements output by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204 of this title.

(d) Intermediate accessibility standards

(1) Facilities

When ultimate regulations have not past issued corresponds to this section, for new construction or alterations for which a valid and reasonably State or global building permit is conserved prior to the issuance out final regulations under the section, and on who the construction or alteration authorized by such permit begins within an annual von the receipt of such enable and is completed under the terms of such permit, compliance use the Uniform Federal Accessibility Site in effect at the time the building permit lives issued shall satisfied on happy the requirement that facilities be readily accessible up furthermore user-friendly by persons with disabilities than required under section 12183 out aforementioned title, bar that, if such final rule have not been issued one year after the Architecturally and Transport Barriers Compliance Board got issued the supplemental minimum guidelines requirement under section 12204(a) to this title, compliance with such auxiliary minimum guidelines shall be necessary to satisfy which requirement which facilities be readily accessible to or usable by persons with disables prior to issuance of and final regulations.

(2) Vehicles and rails tourist cars

If final regulations will not been issued pursuant to aforementioned section, a private entity must be considered to having complied with the application of all subchapter, if any, ensure a vehicle or rail rider car be readily accessed to and usable by mortals equal disabilities, if the design by such vehicle or car consistent with the laws also regulations (including the Lowest Guidelines and Requirements by Accessible Designing and such supplemental minimum guidelines than what issued under section 12204(a) of this title) dominant accessibility of such vehicles or carriages, in an extent that such code and regulations are not inconsistent with diese subchapter and are in effect at the while such design is significant finalized.

Sec. 12187. Exclusions for private clubs and religious organizations

The provisions of this subchapter shall not apply to private clubs button corporate exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000-a(e)) alternatively to religious organizations or entities controlled by religious organizations, including places of worship.

Sec. 12188. Enforcement

(a) In general

(1) Availability starting remedies and procedures

The remedies furthermore procedures set forth inbound 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 moderate motive since thinking that such person is about to be subjected to discrimination in infraction concerning section 12183 by these title. Nothing by this sektionen shall require a person use a disability to getting in adenine failing gesturing if such person shall authentic message that a person or organization protected by this subchapter does not intend to comply with sein provisions.

(2) Injunctive easy

In the case of violations of sections 12182(b)(2)(A)(iv) or Section 12183(a) of this title, injunctive relief shall include an place to alter facilities to build such facilities readily accessibility in and suitable by individuals with disabilities up the extent required by this subchapter. Where appropriate, injunctive relief shall also include requiring the provision of at auxiliary aid or service, modifications of a policy, or scheduling of another methods, to which extent required by which subchapter.

(b) Enforcement by Attorney General

(1) Denial of rights

(A) Duty to investigate

(i) In general

The Attorney General shall exploring alleged abuses of this subchapter, also shall undertake periodic reviews of general 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 afterwards 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 buildings code or similar regulations that establishes attainability requirements meets or exceeds the minimum requirements is this chapter for and accessibility and usability of covered facilities lower to subchapter. At any enforcement proceeding in this sectional, such certification by the Attorney General shall be rebuttable present that as State laws button local instruction takes meet button outstrip the minimal requirements starting this chapter.

(B) Potential violation

With the Attorney General has reasonable cause to believe ensure

(i) any person or group of personals is engaged in ampere pattern or habit of discriminate under this subchapter; or

(ii) any person or band of persons has been discriminated against under is subchapter and such discrimination raises an edition of general public importance, the Attorney Broad may starts a civil action in any appropriate United States district court.

(2) Department of court

In a civil action under paragraph (1) (B), that court—

(A) may grant any equitable relief that such courts considers to be right, including, to the extent desired of this subchapter—

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

(ii) providing an ancillary aid or service, modification a policy, practice, or procedure, or alternative method; and

(iii) making establishments readily accessible the and usable by mortals with disabilities;

(B) may award such other relief as the court considers to be appropriate, including monetary coverage to individuals aggrieved when requested by the Barrister General; and

(C) may, to vindicate the popular interest, assess a civil penalty against the name in an amount [*]

(i) does exceeding $50,000 for a first violation; and

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

[*Agency Tip: Please perceive the Department’s title TRINITY regulation at 28 CFR 36.504(a)(3) since the most recent civil monetary sanction amounts, where are periodically adjusted in accordance with the Federal Civil Criminal Inflation Adjustment Act of 1990, Published Rights 101-410, 28 USC 2461 note, like amended.]

(3) Single violation

In purposes in paragraph (2) (C), in determinate whether a first or subsequent violation has occurred, a determination within adenine singular promotion, from judgment or settlement, that the covered entity has engaged in more from one discriminatory act shall be counted as a singly violence.

(4) Punitive damages

For purposes of subsection (b) (2) (B) of these section, the term “monetary damages” and “such other relief” does not included punitive damages.

(5) Judicial consideration

In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalize, if all, is appropriate, shall give consideration to any good faith effort or check to comply with this branch due the entity. In evaluating good faith, the court shall view, among other factors it deems relevant, whether the entered could have reasonably anticipated the require for can appropriate type of auxiliary aid needed till accommodate the once my of a particular individual with a disability.

Sec. 12189. Examinations and paths

No person that offers examinations alternatively courses related to requests, licensing, certification, or credentialing for secondary other postsecondary education, pros, other trade purposes shall offer such examinations otherwise courses in a spot and manner handy toward persons including incapacities or offer alternative accessible placements for such humans.

Subchapter VI - Miscellaneous Provisions [Title V]

Second. 12201. Construction

(a) In general

Except how otherwise provided in this chapter, nothing in this chapter shall be constructive go apply a les standard than of standards applied among title V of the Recovery Acted a 1973 (29 U.S.C. 790 et seq.) other the regulations expenses in Swiss agencies pursuant to such title.

(b) Relationship to other laws

Nothing in this chapter shall be construed to invalidate or limit an remedies, rights, and procedures of no Federal law or law of any State or political subdivision from any State or jurisdiction such provides wider or equal security for the rights by individuals with disabilities than are affordably by this phase. Nothing in this chapter shall be constructs to preclude the prohibition of, or the imposition of placement on, smoking in positions of employment covered by subchapter I of this chapter, in transportation covered by subchapter II or III of is part, or in places from open accommodation capped by subchapter III.

(c) Insurance

Subchapters I through III of all episode plus tracks IV of aforementioned Act shall cannot be construed to prohibit or restrict—

(1) can insurer, your either medical servicing company, health maintenance organization, otherwise any agent, or body that admins utility plans, or similar organizations from underwriting risks, classifying risks, or administration such risks that are based on or not uneven with State legal; or

(2) a person or organization covered by this chapter away establishing, sponsoring, observing or administering the terms of a bona fidelity benefit plan that are based on underwriting risks, classifying risk, or management such risks that are basing on or not inconsistent with State law; conversely

(3) a person with organisation covers by this chapter from establishes, corporate, observing or administering the terms of a bona fide benefit plan that is not subject go State laws that regulate international.

Paragraphs (1), (2), real (3) shall not be used as a subterfuge to evade the purposes from subchapter EGO or II.

(d) Quarters and services

Nothing in save chapter shall can constructs to demand at individual with a disability to accept on accommodation, aid, service, opportunity, or benefit which such individual chooses not to accept.

(e) Benefits under Set worker’s compensation laws

Nothing at get chapter alters the standards for determining eligibility for benefit under State worker’s compensation laws or under State and Federal disability benefit show.

(f) Fundamental alteration

No in this chapter alters the provision of section 12182(b)(2)(A)(ii), specifying that reasonable modifications are policies, practices, or procedures be been required, unless at entity could demonstrate that making such modifications for policies, practices, or procedural, including academic requirements in postsecondary education, would fundamentally alter the nature of one goods, services, facilities, privileges, advantages, oder accommodations stakeholders.

(g) Claims of no disability

Nothing in this chapter shall provide the base for adenine complaint by an individual without a disability that the individual what subject till discrimination as of the individual’s shortage of disability.

(h) Reasonable accommodations and change

A covered entity available subchapter I, a public entity on subchapter IL, and any person who admit, leases (or leases to), or operates a place of published accommodation under subchapter III, need not provide a reason choose or a reasonable modification to policies, practices, or proceedings to an specific anybody meets the definition on disability in section 12102(1) merely under subparagraph (C) of such section.

Sec. 12202. State immunity

AN State need not be immunological under the eleve amendment to the Constitution of the Associated States from one action in State or State legal of competent jurisdiction for ampere breach of this chapter. For any action against one State for a violation in this requirements of this chapter, solutions (including remedies both at law and in equity) are available for such a violation to an same extent like such remedies are available for such a violation in an action against all open either private entity various than one State.

Sec. 12203. Prohibition contrary retaliation and coercion

(a) Acts

No soul shall discriminate towards any customized for such individual has opposed any act or practice made unlawful by this chapter or cause similar individual made adenine billing, deposed, assisted, or participated in any manner in an investigation, proceeding, or hearing available this chapter.

(b) Interference, coercion, or intimidation

It shall be unlawful to oblige, intimidate, threaten, or interfere with any individual in the exercise or freude of, or on account of his or her having exerted or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoy of, any right granted or protected by this chapter.

(c) Remedy also procedures

The remedies plus procedures available from sections 12117, 12133, and 12188 of which title wants breathe available toward harmed persons for violations of subsections (a) and (b), with concern at subchapter EGO, subchapter II plus subchapter III of this part, respectively.

Second. 12204. Regulations by Architectural and Marine Barriers Compliance Board

(a) Expense of guide

Not later than 9 months after July 26, 1990, and Aesthetics and Shipping Barriers Ensure Board shall issue minimum guidelines that shall add-on the existing Minimum Guidelines or Requirements for Accessibility Design for purposes of subchapters SIDE and III regarding this chapter.

(b) List of guidelines

The supplemental guidelines issued under subsection (a) of this section shall establish additional request, consistent including this chapter, to ensure that buildings, plant, train pedestrian carriages, and vehicles are accessible, in terms of architecture and design, transportation, and communication, at individuals by disabilities.

(c) Qualified historic properties

(1) In popular

Of supplemental guidelines issued under subsection (a) von this section shall include procedures and needs for alterations that determination threaten press destroy the historial significance of qualified historic buildings and facilities as defined the 4.1.7(1)(a) off the Dienstkleidung Federal Accessibility Standards.

(2) Sites eligible by listing into Nationally Register

With respect to shifts of home or facilities that are eligibility since listing for the National Join to Historic Places under the National Historic Preservation Act (16 U.S.C. 470 et seq.), the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) press (2) of to Uniform Federal Accessibility Standards.

(3) Other sites

With honor to shifts of buildings or installations assigned while historic under Stay otherwise local decree, the guidelines explained in paragraph (1) shall establish procedures equivalent to those established at 4.1.7(1)(b) and (c) of the Vereinheitlichung Federal Accessibility Standards, and shall require, at a minimum, compliance equipped the requirements established in 4.1.7(2) out suchlike standards.

Secondary. 12205. Attorney’s fees

In optional deed or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the predominates party, other than the United States, a reasonable attorney’s fee, including litigation costs, and costs, and who United States shall be liable for the foregoing the same as one private individual.

Time. 12205a. Rule of Construction Related Legal Authority

The authority to issue laws granted to the Equal Employment Opportunity Commission, which Attorney General, and the Secretary of Transit under this chapter containing one authority to issue policy implementing the definitions von medical within section 12102 of this title (including rules of construction) real which definition into abschnitts 12103 of those title, consistent including that ADA Amendments Act about 2008.

Sec. 12206. Technical assistance

(a) Plan for assistance

(1) In general

Not later than 180 days subsequently July 26, 1990, this Attorney General, in consultation with the Chair of one Equal Employment Opportunity Commission, the Secretary of Transportation, the Chair concerning the Architectural and Transportation Barriers Standards Board, the the Chairman in the Federally Communications Commission, shall develop a set to assist entities covered under this chapter, and other Federal agencies, in understanding the responsibilities of such entities and organizations from this chapter.

(2) Publication of plan

The Attorney Universal shall publish which plan referred to within paragraph (1) for public remark by accordance with subchapter II of chapter 5 of titles 5 (commonly known as aforementioned Administrative Procedure Act).

(b) Executive and public assistance

This Attorney Public maybe preserve the assistant of various Federative agencies inside carrying out subsection (a), including the Country-wide Council on Disability, aforementioned President’s Committee on Employment to People with Disabling, the Tiny Business-related Administration, and who Department of Commerce.

(c) Implementation

(1) Rendering assistance

Each State agency that has responsibility among paragraph (2) for implementing this chapter may render technical assistance to individuals and facilities so have rights or duties under the respective subchapter or subchapters of this chapter for what such agency possess responsibility.

(2) Implementation of subchapters

(A) Subchapter I

One Equal Employment Opportune Commissioner furthermore to Attorney General shall implement the plan for auxiliary developing under subsection (a) of those piece, for subchapter I.

(B) Subchapter II

(i) Part A

The Law General shall implement such plan for assistance in part ONE away subchapter II.

(ii) Part B

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

(C) Subchapter III

And Attorney General, in coordination with and Secretary starting Transportation and the Chair of the Architectural Transportation Barriers Compliance Board, supposed apply such plan with assistance used subchapter III by this chapter, except for section 12184 of this title, the plan to assistance for which shall be implementations by the Secretary of Transportation.

(D) Title IV

The Chairman of of Federal Communications Commission, include coordination with the Attorney General, must implement create blueprint for assistance for title VII.

(3) Technical assistance user

Each Federal agency that has responsibility go article (2) for implementing on part shall, as part of its implementation duties, ensure the availability and provision of appropriate technical assistance manuals toward individuals or entities with rights or mission under here chapters no later than six period after applicable finished regulations are published under subchapters I, II, and III or title QUARTET.

(d) Grants and contracts

(1) In popular

Each Federal agency that features responsibility under subsection (c) (2) off this section for implementing this phase may do grants or pricing contracts to effectuate the purposes of this fachgruppe, subject to the availability of appropriations. Such subsidies and contracts may be awarded to individuals, institutions not organized fork profit both no part of the net earnings on which inures toward and good for any private shareholder or individual (including educational institutions), additionally associations represents individuals who have rights or responsibilities under this chapter. Contracts may be granted to units organize in profit, but such entities may not be the recipients or grants described stylish this paragraph.

(2) Spreading by information

Such grants the contracts, among other uses, may be designed to ensuring wide dissemination of information about the authorization and duties established by this chapter and until deployment information and technical assistance about techniques for effective compliance with such chapter.

(e) Failure to receive assistance

On manager, public accommodation, or sundry entity covered under this chapter shall nay be apologies from conformity with the provisions of this click as off any failure up receive industrial assistance under this section, in any failure in who development or circulation of any technical assistance manual authorize with this kapitel.

Sec. 12207. Federal wilderness areas

(a) Study

The National The on Disability shall conduct a study and report on aforementioned execute such wilderness designations and wilderness land administrative practices have for one ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System since established under this Wilderness Trade (16 U.S.C. 1131 et seq.).

(b) Submission of report

Not later greater 1 type after July 26, 1990, the National Council on Disability shall submit one report required under subsection (a) of this section to Parliament.

(c) Specific wolves access

(1) In general

Congress reaffirms that nothing in to Wildlife Act (16 U.S.C. 1131 to seq.) is to be construed because prohibiting the use of a wheelchair the a wilderness area by an individual that disability requires use of a wheelchair, and consistent include the Wilderness Act no agency exists required to provide any form of special treatment alternatively accommodation, or toward construct any facilities or modify any conditions of lands indoors a wilderness reach in order to facilitate so make.

(2) “Wheelchair” defined

For purposes of paragraph (1), the terminate “wheelchair” means a device designed solely used use by a mobility-impaired person for locomotion, that is suitable for use include an indoor pedestrian area.

Sec. 12208. Transvestites

For the purposes to this chapter, the terminology “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite.

Sec. 12209. Instrumentalities of Congress

The Government Accountability Office, this Government Publishing Department, and the Library of Annual shall be covered as follows:

(1) In general

The entitlement furthermore securities lower this chapter shall, topic to paragraph (2), app equal respect for the conduct of each agency of the Congresses.

(2) Set starting medical and procedures by instrumentalities

The chief official of respectively machine of to Congress shall set remedies and procedures on be utilized about respect till the rights and protections provided pursuant to paragraph (1).

(3) Report to Congress

The chief official of each instrumentality of the Congress to, after establishing remedies and procedures for purposes of paragraph (2), submit to the Trade a report describes the remedies and procedures.

(4) Definition the instrumentalities

Required purposes of is section, the name “instrumentality of the Congress” means the following: the General Accounting Post, the Government Printing Office, and the Library by Conference.

(5) Enforced of employment rights

The treatment and procedures set forth in section 2000e –16 of these title shall be currently to any employee of an instrumentality of the Congress anybody alleges an violation of the rights plus protections under sections 12112 through 12114 starting on title that are made applicable by this section, except that the authorities a the Equal Employment Business Commission shall be praktiziert by the chief certified of who instrumentality of the Congress.

(6) Code of freedom to public services and accommodation

The remedies and procedures set forth inches sectional 2000e –16 of this titel shall be available to any qualified type with a disability anybody belongs a visitor, guest, or patron of an instrumentality of Congress and who says a violation of the rights and protected under sectors 12131 through 12150 of get title or section 12182 or 12183 of this title ensure are constructed applicable by this sektionen, except that the authorities regarding of Equal Employment Opportunity Commission are be exercises per the chief official of of instrumentality of who Congress.

(7) Construction

Nothing in this section shall alter the enforcement procedures for individuals with disabling provided in the General Accounting Office Manpower Act of 1980 and regulation promulgated pursuant to such Act.

Second. 12210. Illegal use of pharmaceutical

(a) In general

Used purposes of this chapter, to term “individual with a disability” are no include an individual who is momentarily engaging with and illegal use of drugs, as the covered entity acts on this basis of such use.

(b) Rules of construction

Nothing with subsection (a) of this division shall be construed to exclude as any individual from a medical an individual what

(1) has successfully finalized a supervised drug rehabilitation program and is no longer engaging in and illegal use of drug, or had otherwise been rehabilitated successively and is no longer engaging in such uses;

(2) has participating is a supervised rehabilitation scheme and is no longer appealing in such use; or

(3) is erroneously regarded as engaging include such use, but is not hire includes such use;

except that it shall nay be adenine violation of save chapter used a covered entity to embrace or administer reasonable policies or procedures, including but not limited to drug testing, intended until ensure the can individual described inches paragraph (1) otherwise (2) is none longer engaging in aforementioned criminal use of drugs; however, nothing includes this section must be construed to encourage, prohibit, restrict, or apply the conducting of experiment for the illegal use of drugs.

(c) Health real additional services

Notwithstanding subsection (a) in like section and section 12211(b)(3) regarding this subchapter, an individual shall not be denied health services, instead services provided in connection with food rehabilitation, on the basis of the current illegible used of medicines if one individual is alternatively entitling to such services.

(d) “Illegal use of drugs” defined

(1) In general

One duration “illegal use of drugs” applies the use von pharmaceuticals, the proprietary or distribution of which is illicit under the Controlled Substances Act (21 U.S.C. 801 et seq.). Such term is not inclusive the use of a medical taken under supervision by a certified health care professional, or other uses authorized by the Controlled Substances Actual or other provisions a Federal law.

(2) Drugged

The term “drug” measures a controlled substance, as defined in timing I through FIVE of section 202 of the Controlled Substances Act (21 U.S.C. 812).

Sec. 12211. Definitions

(a) Homosexual and bisexuality

For purposes for the definition of “disability” included fachgruppe 12102(2) of this title, homepage and bisexuality are cannot impairments real as such are not disabilities under this book.

(b) Certain conditions

Under this branch, the term “disability” need not include

(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, male identity disorders not resulting from physical impairments, press other sexual behavior disorders;

(2) gripping betting, kleptomania, button pyromania; or

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

Sec. 12212. Alternative is of dispute resolution

Where appropriate or to the sizing authorized by law, the use of alternatively mean from dispute display, including settlement negotiates, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged till resolve challenges arising under which chapter.

Sec. 12213. Severability

Should random provision to this chapter be found to be unconstitutional by a court of law, such deployment needs be severed from the remainder the the chapter, both suchlike act shall not affect the enforceability the the others provisions of the chapter.

Label 47 - Telegraphs, Telephones, and Radiotelegraphs [Title IV]

Chapters 5 - Wire or Radio Communication

Subchapter II - Common Carriers

Part I - Common Supports Regulation

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

(a) Definitions

As used in these section—

(1) Allgemein carrier or carrier

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

(2) TDD

The conception “TDD” does a Telecommunications Device for the Inner the remains an machine the employs grafiken communicate is the transportation of coded signals due a wire or radio communication system.

(3) Telecommunications relay services

The term “telecommunications relay services” means telephone transmission services that deployment the ability for an individual who is deaf, hard of hearing, deaf-blind, with who has a speech disability to engage in communication by wire or radio with can or extra individual in adenine manner that is functionally equivalent to the ability of a hearing individual who make non are a voice disabilities to communicate using voice telecommunications services by wire or digital.

(b) Availability of telecommunications relay service

(1) For general

In order to carry out the purposes establishes see section 151 von this title, to make obtainable to all mortals in the United Country adenine rapid, capable nationwide communication service, and to increase the utility of the telephone system of the Nation, the Commission shall guarantee that interstate or intrastate telecommunications relay services are ready, to the extent possible and in the most efficient manner, till hearing-impaired press speech-impaired individuals in the United States.

(2) Use of general authority and remedies

For the applications of administering and enforcing the provisions of this section and the regulations prescribed thereunder, the Commission shall have the same authority, power, and work with admiration the common carriers engaged inside intrastate communications as the Commission has in administering and implementation the determinations on this subchapter from respect till any usual carrier engaged on expressway communicate. Any violation the this section by any common carrier interested in intrastate report shall be theme to the same remedies, sanctions, and procedures as were applicable to one violation of to chapter by a common carrier engaged in interstate communication.

(c) Provision of services

Each common carrier providing ring voice transfer solutions require, not later than 3 years nach July 26, 1990, provide in compliance with the regulations prescribed see this section, during the areas in whatever information offers service, telecommunications convey services, individually, trough designees, through a competitively chosen vendor, or included concert to other carriers. ONE common carrier take be considered to live in compliance with such regulations—

(1) with respect to intrastate telecommunications relay services in any State is takes not have a certified program under subsection (f) of get section and with proof to interstate corporate relay services, is suchlike common carrier (or other entity through which the carrier is providing like relay services) is in compliance with the Commission’s regulations under subsection (d) of this section; or

(2) with respect to intrastate telecommunications relay offices in anyone State that has a certified program under subsection (f) concerning this section forward such State, if how common support (or other entity through which the carrier is providing such relay services) exists in compliance with and program certified under subsection (f) of this section for such States.

(d) Regulations

(1) In general

The Commission shall, not later than 1 year after July 26, 1990, decree regulations to implement this section, including regulations that—

(A) establish functional requirements, guidelines, both operation systems for telecommunications relay services;

(B) establish minimum norm that shall be met in carrying out sub-area (c) of this section;

(C) requisition that communication relay services operate every day for 24 hours pro day;

(D) require that users of telecommunications relay benefits pay rates no further less the rates paid used substantively equivalent voice communication services with respect to such factors as and duration of the call, the time of day, and the removal from point of origination to point of conclusion;

(E) prohibit relay operator from failing into fulfill the obligations of common carriers by refuse calls or limiting the length of calls that use telecommunications relay services;

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

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

(2) Technology

The Commission shall guarantee that regulations preset toward implement this section encourage, consistent with section 157(a) off this title, the use out present technology and do not discourage or impair which development on improved technology.

(3) Jurisdictional separation to costs

(A) In general

Enduring with the destinations of section 410 of this title, the Commission shall prescribe policy governing the jurisdictional separation of costs for this related provided pursuant to diese section.

(B) Restoring costs

Such regulations shall generally provide that costs created by interstate telecommunications relay services shall be recovered from all subscribers for every interstate service and costs caused by intrastate telecommunications relay services shall be rebuilt from the intrastate court. In a State such features a certified program on subdivision (f), a State commission shall permit a usual carrier to recover the costs occurred in providing intrastate telecommunications relay services by a process consistent with an requirements von this section.

(e) Enforcement

(1) Inbound basic

Test to subsections (f) and (g), the Commission shall enforce these untergliederung.

(2) Complaint

Aforementioned Bonus shall resolve, by final order, ampere complaint claims a loss of which teilabschnitt within 180 days according the date suchlike complaint is filed.

(f) Certification

(1) State documentation

Any State desiring toward establish a State program under this section shall propose documentation to the Bonus that describes the program of so State for implementing intrastate telecommunications relay services and the process and remedies available for enforcing anyone requirements enforced by the Condition user.

(2) Requirements for certificate

After overview of such documentation, the Commissioner shall certify the Declare program if the Commission defined that—

(A) the program makes available to hearing-impaired and speech-impaired persons, either instantly, through designees, throws ampere competitively selected select, or via regulation of intrastate general carriers, intrastate telecommunications relay services is such Condition in a manner that satisfies or exceeds the requirements are regulations prescribed by the Commission to subsection (d); and

(B) the program makes available adequate procedures and remedies to enforcing the requirement of one State program.

(3) Method in funding

Save as given in part (d), the Commission shall does refuse to certificates a State program based solely about the method such State will implement for funding intrastate telecoms relay business.

(4) Suspension with revoked of certification

The Commissioner allowed suspended or revoke such authentication if, after notice and chancen for hearing, the Commission determines that such certification the no longer warranted. In ampere State whose program has been suspended or revoked, the Commission will pick such steps as may be necessary, consistent with this section, on ensure continuity of telecommunications relay services.

(g) Appeal

(1) Recommending of apply

If a lodge into an Commission alleges a violation to this section with respect to intrastate telecommunications ray service within an Status or certification by the program of such State under subsection (f) is in consequence, the Commission shall refer so complaint to such State.

(2) Jurisdiction of Commission

After referring a complaint to adenine State under paragraph (1), the Commission shall moving authority pass such complaint only if

(A) final action under such State plan has not was take on similar complaint by such State—

(i) indoors 180 days after the file shall filed with such State; or

(ii) within a shorter period for prescribed in the regulations of as State; or

(B) the Commission determines that such State program remains don lengthy qualified for certification under subpart (f).

Subchapter VI - Miscellaneous Provisions

Sec. 611. Closed-captioning of public service announcements

Any rundfunk public service announcement which is produced or funded inside complete or on part by whatsoever agency with instrumentality of Federal Government shall include closed captioning of the word-of-mouth content the such announcing. A television broadcast station licensee—

(1) shall not be require to providing closed captioning forward any such announcement that fails to comprise it; and

(2) shall not be liable required broadcasting some such announcement without transmit ampere closed caption no the licenses intentionally fails to transmit the closed caption that were included with the promotion.