---
kind: "range"
citation: "42 U.S.C. §§ 12101–12213"
title: "42"
from: "12101"
to: "12213"
count: 52
release: "119-102"
url: "https://uscodex.org/usc/42/12101..12213"
---

# §12101. Findings and purpose

- (a) **Findings—** The Congress finds that—
  - (1) physical or mental [disabilities](/usc/42/12102.md?p=1) in no way diminish a [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s right to fully participate in all aspects of society, yet many people with physical or mental [disabilities](/usc/42/12102.md?p=1) have been precluded from doing so because of discrimination; others who have a record of a [disability](/usc/42/12102.md?p=1) or are regarded as having a [disability](/usc/42/12102.md?p=1) also have been subjected to discrimination;
  - (2) historically, society has tended to isolate and segregate individuals with [disabilities](/usc/42/12102.md?p=1), and, despite some improvements, such forms of discrimination against individuals with [disabilities](/usc/42/12102.md?p=1) continue to be a serious and pervasive social problem;
  - (3) discrimination against individuals with [disabilities](/usc/42/12102.md?p=1) persists in such critical areas as employment, [housing](/usc/42/1490p–2.md?p=r-3), public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
  - (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of [disability](/usc/42/12102.md?p=1) have often had no legal recourse to redress such discrimination;
  - (5) individuals with [disabilities](/usc/42/12102.md?p=1) continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make [modifications](/usc/42/7501.md?p=4) to existing [facilities](/usc/42/11049.md?p=4) and [practices](/usc/42/17061.md?p=19), exclusionary qualification [standards](/usc/42/1320d.md?p=7) and criteria, segregation, and relegation to lesser services, [programs](/usc/42/274l–1.md?p=4), activities, benefits, jobs, or other opportunities;
  - (6) census data, national polls, and other studies have documented that people with [disabilities](/usc/42/12102.md?p=1), as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
  - (7) the Nation’s proper goals regarding individuals with [disabilities](/usc/42/12102.md?p=1) are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and
  - (8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with [disabilities](/usc/42/12102.md?p=1) the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the [United States](/usc/42/403.md?p=k) billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.
- (b) **Purpose—** It is the purpose of this chapter—
  - (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with [disabilities](/usc/42/12102.md?p=1);
  - (2) to provide clear, strong, consistent, enforceable [standards](/usc/42/1320d.md?p=7) addressing discrimination against individuals with [disabilities](/usc/42/12102.md?p=1);
  - (3) to ensure that the Federal Government plays a central role in enforcing the [standards](/usc/42/1320d.md?p=7) established in this chapter on behalf of individuals with [disabilities](/usc/42/12102.md?p=1); and
  - (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate [commerce](/usc/42/6311.md?p=7), in order to address the major areas of discrimination faced day-to-day by people with [disabilities](/usc/42/12102.md?p=1).

# §12102. Definition of disability


As used in this chapter:

- (1) **Disability—** The term “disability” means, with respect to an individual—
  - (A) a physical or mental impairment that [substantially limits](#4-B) one or more major life activities of such individual;
  - (B) a record of such an impairment; or
  - (C) being regarded as having such an impairment (as described in [paragraph (3)](#3)).
- (2) **Major life activities—**
  - (A) **In general—** For purposes of [paragraph (1)](#1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
  - (B) **Major bodily functions—** For purposes of [paragraph (1)](#1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
- (3) **Regarded as having such an impairment—** For purposes of [paragraph (1)(C)](#1-C):
  - (A) An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
  - (B) [Paragraph (1)(C)](#1-C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
- (4) **Rules of construction regarding the definition of disability—** The definition of “[disability](#1)” in [paragraph (1)](#1) shall be construed in accordance with the following:
  - (A) The definition of [disability](#1) in this chapter shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter.
  - (B) The term “substantially limits” shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.
  - (C) An impairment that [substantially limits](#4-B) one major life activity need not limit other major life activities in order to be considered a [disability](#1).
  - (D) An impairment that is episodic or in remission is a [disability](#1) if it would substantially limit a major life activity when active.
  - (E)
    - (i) The determination of whether an impairment [substantially limits](#4-B) a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—
      - (I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
      - (II) use of assistive technology;
      - (III) reasonable accommodations or auxiliary aids or services; or
      - (IV) learned behavioral or adaptive neurological [modifications](/usc/42/7501.md?p=4).
    - (ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment [substantially limits](#4-B) a major life activity.
    - (iii) As used in this subparagraph—
      - (I) the term “ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and
      - (II) the term “low-vision devices” means devices that magnify, enhance, or otherwise augment a visual image.

# §12103. Additional definitions


As used in this chapter:

- (1) **Auxiliary aids and services—** The term “auxiliary aids and services” includes—
  - (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
  - (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;
  - (C) acquisition or [modification](/usc/42/7501.md?p=4) of equipment or devices; and
  - (D) other similar services and actions.
- (2) **State—** The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the [United States](/usc/42/403.md?p=k), the [Trust](/usc/42/12854.md?p=6) Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.”.

# §12111. Definitions


As used in this subchapter:

- (1) **Commission—** The term “[Commission](/usc/42/2000ff.md?p=1)” means the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) established by [section 2000e–4 of this title](/usc/42/2000e–4.md).
- (2) **Covered entity—** The term “covered entity” means an [employer](#5-A), [employment agency](/usc/42/2000ff.md?p=2-C), [labor organization](/usc/42/2000ff.md?p=2-C), or joint labor-management committee.
- (3) **Direct threat—** The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by [reasonable accommodation](#9).
- (4) **Employee—** The term “employee” means an individual employed by an [employer](#5-A). With respect to employment in a foreign country, such term includes an individual who is a citizen of the [United States](/usc/42/403.md?p=k).
- (5) **Employer—**
  - (A) **In general—** The term “employer” means a [person](/usc/42/1320a–7k.md?p=d-4-C-i) engaged in an [industry affecting commerce](#7) who has 15 or more [employees](#4) for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such [person](/usc/42/1320a–7k.md?p=d-4-C-i), except that, for two years following the effective date of this subchapter, an employer means a [person](/usc/42/1320a–7k.md?p=d-4-C-i) engaged in an [industry affecting commerce](#7) who has 25 or more [employees](#4) for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such [person](/usc/42/1320a–7k.md?p=d-4-C-i).
  - (B) **Exceptions—** The term “[employer](#5-A)” does not include—
    - (i) the [United States](/usc/42/403.md?p=k), a [corporation](/usc/42/2296b–7.md?p=1) wholly owned by the government of the [United States](/usc/42/403.md?p=k), or an [Indian tribe](/usc/42/300f.md?p=14); or
    - (ii) a bona fide private membership club (other than a [labor organization](/usc/42/2000ff.md?p=2-C)) that is exempt from taxation under [section 501(c) of title 26](/usc/26/501.md?p=c).
- (6) **Illegal use of drugs—**
  - (A) **In general—** The term “illegal use of drugs” means the use of [drugs](#6-B), the possession or distribution of which is unlawful under the Controlled Substances Act [[21 U.S.C. 801](/usc/21/801.md) et seq.]. Such term does not include the use of a [drug](#6-B) taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.
  - (B) **Drugs—** The term “drug” means a [controlled substance](/usc/42/11851.md?p=2), as defined in schedules I through V of section 202 of the Controlled Substances Act [[21 U.S.C. 812](/usc/21/812.md)].
- (7) **Person, etc.** The terms “[person](/usc/42/1320a–7k.md?p=d-4-C-i)”, “[labor organization](/usc/42/2000ff.md?p=2-C)”, “[employment agency](/usc/42/2000ff.md?p=2-C)”, “[commerce](/usc/42/6311.md?p=7)”, and “industry affecting commerce”, shall have the same meaning given such terms in [section 2000e of this title](/usc/42/2000e.md).
- (8) **Qualified individual—** The term “qualified individual” means an individual who, with or without [reasonable accommodation](#9), can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration shall be given to the [employer](#5-A)’s judgment as to what functions of a job are essential, and if an [employer](#5-A) has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
- (9) **Reasonable accommodation—** The term “reasonable accommodation” may include—
  - (A) making existing [facilities](/usc/42/11049.md?p=4) used by [employees](#4) readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1); and
  - (B) job restructuring, part-time or [modified](/usc/42/7501.md?p=4) work schedules, reassignment to a vacant position, acquisition or [modification](/usc/42/7501.md?p=4) of equipment or devices, appropriate adjustment or [modifications](/usc/42/7501.md?p=4) of examinations, [training](/usc/42/285e–2.md?p=b-2) materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with [disabilities](/usc/42/12102.md?p=1).
- (10) **Undue hardship—**
  - (A) **In general—** The term “undue hardship” means an action requiring significant difficulty or expense, when considered in light of the factors set forth in [subparagraph (B)](#10-B).
  - (B) **Factors to be considered—** In determining whether an accommodation would impose an [undue hardship](#10-A) on a [covered entity](#2), factors to be considered include—
    - (i) the nature and cost of the accommodation needed under this chapter;
    - (ii) the overall financial resources of the [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) involved in the provision of the [reasonable accommodation](#9); the number of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) employed at such [facility](/usc/42/11049.md?p=4); the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the [facility](/usc/42/11049.md?p=4);
    - (iii) the overall financial resources of the [covered entity](#2); the overall size of the business of a [covered entity](#2) with respect to the number of its [employees](#4); the number, type, and location of its [facilities](/usc/42/11049.md?p=4); and
    - (iv) the type of operation or operations of the [covered entity](#2), including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) in question to the [covered entity](#2).

# §12112. Discrimination

- (a) **General rule—** No [covered entity](/usc/42/12111.md?p=2) shall [discriminate against a qualified individual on the basis of disability](#b) in regard to job application procedures, the hiring, advancement, or discharge of [employees](/usc/42/12111.md?p=4), [employee](/usc/42/12111.md?p=4) compensation, job [training](/usc/42/285e–2.md?p=b-2), and other terms, conditions, and privileges of employment.
- (b) **Construction—** As used in [subsection (a)](#a), the term “discriminate against a qualified individual on the basis of disability” includes—
  - (1) limiting, segregating, or classifying a job applicant or [employee](/usc/42/12111.md?p=4) in a way that adversely affects the opportunities or status of such applicant or [employee](/usc/42/12111.md?p=4) because of the [disability](/usc/42/12102.md?p=1) of such applicant or [employee](/usc/42/12111.md?p=4);
  - (2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a [covered entity](/usc/42/12111.md?p=2)’s qualified applicant or [employee](/usc/42/12111.md?p=4) with a [disability](/usc/42/12102.md?p=1) to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an [employee](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2), or an organization providing [training](/usc/42/285e–2.md?p=b-2) and apprenticeship [programs](/usc/42/274l–1.md?p=4));
  - (3) utilizing [standards](/usc/42/1320d.md?p=7), criteria, or methods of administration—
    - (A) that have the effect of discrimination on the basis of [disability](/usc/42/12102.md?p=1); or
    - (B) that perpetuate the discrimination of others who are subject to common administrative control;
  - (4) excluding or otherwise denying equal jobs or benefits to a [qualified individual](/usc/42/12111.md?p=8) because of the known [disability](/usc/42/12102.md?p=1) of an individual with whom the [qualified individual](/usc/42/12111.md?p=8) is known to have a relationship or association;
  - (5)
    - (A) not making [reasonable accommodations](/usc/42/12111.md?p=9) to the known physical or mental limitations of an otherwise [qualified individual with a disability](/usc/42/5057.md?p=a-2) who is an applicant or [employee](/usc/42/12111.md?p=4), unless such [covered entity](/usc/42/12111.md?p=2) can demonstrate that the accommodation would impose an [undue hardship](/usc/42/12111.md?p=10-A) on the operation of the business of such [covered entity](/usc/42/12111.md?p=2); or
    - (B) denying employment opportunities to a job applicant or [employee](/usc/42/12111.md?p=4) who is an otherwise [qualified individual with a disability](/usc/42/5057.md?p=a-2), if such denial is based on the need of such [covered entity](/usc/42/12111.md?p=2) to make [reasonable accommodation](/usc/42/12111.md?p=9) to the physical or mental impairments of the [employee](/usc/42/12111.md?p=4) or applicant;
  - (6) using qualification [standards](/usc/42/1320d.md?p=7), employment tests or other selection criteria that screen out or tend to screen out an [individual with a disability](/usc/42/12210.md?p=a) or a class of individuals with [disabilities](/usc/42/12102.md?p=1) unless the [standard](/usc/42/1320d.md?p=7), test or other selection criteria, as used by the [covered entity](/usc/42/12111.md?p=2), is shown to be job-related for the position in question and is consistent with business necessity; and
  - (7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or [employee](/usc/42/12111.md?p=4) who has a [disability](/usc/42/12102.md?p=1) that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or [employee](/usc/42/12111.md?p=4) that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such [employee](/usc/42/12111.md?p=4) or applicant (except where such skills are the factors that the test purports to measure).
- (c) **Covered entities in foreign countries—**
  - (1) **In general—** It shall not be unlawful under this section for a [covered entity](/usc/42/12111.md?p=2) to take any action that constitutes discrimination under this section with respect to an [employee](/usc/42/12111.md?p=4) in a workplace in a foreign country if compliance with this section would [cause](/usc/42/9908.md?p=c-2) such [covered entity](/usc/42/12111.md?p=2) to violate the law of the foreign country in which such workplace is located.
  - (2) **Control of corporation—**
    - (A) **Presumption—** If an [employer](/usc/42/12111.md?p=5-A) controls a [corporation](/usc/42/2296b–7.md?p=1) whose place of incorporation is a foreign country, any practice that constitutes discrimination under this section and is engaged in by such [corporation](/usc/42/2296b–7.md?p=1) shall be presumed to be engaged in by such [employer](/usc/42/12111.md?p=5-A).
    - (B) **Exception—** This section shall not apply with respect to the foreign operations of an [employer](/usc/42/12111.md?p=5-A) that is a foreign [person](/usc/42/1320a–7k.md?p=d-4-C-i) not controlled by an American [employer](/usc/42/12111.md?p=5-A).
    - (C) **Determination—** For purposes of this paragraph, the determination of whether an [employer](/usc/42/12111.md?p=5-A) controls a [corporation](/usc/42/2296b–7.md?p=1) shall be based on—
      - (i) the interrelation of operations;
      - (ii) the common management;
      - (iii) the centralized control of labor relations; and
      - (iv) the common ownership or financial control,

      of the [employer](/usc/42/12111.md?p=5-A) and the [corporation](/usc/42/2296b–7.md?p=1).

- (d) **Medical examinations and inquiries—**
  - (1) **In general—** The prohibition against discrimination as referred to in [subsection (a)](#a) shall include medical examinations and inquiries.
  - (2) **Preemployment—**
    - (A) **Prohibited examination or inquiry—** Except as provided in [paragraph (3)](#d-3), a [covered entity](/usc/42/12111.md?p=2) shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an [individual with a disability](/usc/42/12210.md?p=a) or as to the nature or severity of such [disability](/usc/42/12102.md?p=1).
    - (B) **Acceptable inquiry—** A [covered entity](/usc/42/12111.md?p=2) may make preemployment inquiries into the ability of an applicant to perform job-related functions.
  - (3) **Employment entrance examination—** A [covered entity](/usc/42/12111.md?p=2) may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if—
    - (A) all entering [employees](/usc/42/12111.md?p=4) are subjected to such an examination regardless of [disability](/usc/42/12102.md?p=1);
    - (B) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that—
      - (i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the [employee](/usc/42/12111.md?p=4) and necessary accommodations;
      - (ii) first aid and safety personnel may be informed, when appropriate, if the [disability](/usc/42/12102.md?p=1) might require emergency [treatment](/usc/42/11851.md?p=11); and
      - (iii) government officials investigating compliance with this chapter shall be provided relevant information on request; and
    - (C) the results of such examination are used only in accordance with this subchapter.
  - (4) **Examination and inquiry—**
    - (A) **Prohibited examinations and inquiries—** A [covered entity](/usc/42/12111.md?p=2) shall not require a medical examination and shall not make inquiries of an [employee](/usc/42/12111.md?p=4) as to whether such [employee](/usc/42/12111.md?p=4) is an [individual with a disability](/usc/42/12210.md?p=a) or as to the nature or severity of the [disability](/usc/42/12102.md?p=1), unless such examination or inquiry is shown to be job-related and consistent with business necessity.
    - (B) **Acceptable examinations and inquiries—** A [covered entity](/usc/42/12111.md?p=2) may conduct voluntary medical examinations, including voluntary medical histories, which are part of an [employee](/usc/42/12111.md?p=4) health [program](/usc/42/274l–1.md?p=4) available to [employees](/usc/42/12111.md?p=4) at that work site. A [covered entity](/usc/42/12111.md?p=2) may make inquiries into the ability of an [employee](/usc/42/12111.md?p=4) to perform job-related functions.
    - (C) **Requirement—** Information obtained under [subparagraph (B)](#d-4-B) regarding the medical condition or history of any [employee](/usc/42/12111.md?p=4) are subject to the requirements of subparagraphs [(B)](#d-3-B) and [(C)](#d-3-C) of paragraph (3).

# §12113. Defenses

- (a) **In general—** It may be a defense to a charge of discrimination under this chapter that an alleged application of [qualification standards](#b), tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an [individual with a disability](/usc/42/12210.md?p=a) has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by [reasonable accommodation](/usc/42/12111.md?p=9), as required under this subchapter.
- (b) **Qualification standards—** The term “qualification standards” may include a requirement that an individual shall not pose a [direct threat](/usc/42/12111.md?p=3) to the health or safety of other individuals in the workplace.
- (c) **Qualification standards and tests related to uncorrected vision—** Notwithstanding [section 12102(4)(E)(ii) of this title](/usc/42/12102.md?p=4-E-ii), a [covered entity](/usc/42/12111.md?p=2) shall not use [qualification standards](#b), employment tests, or other selection criteria based on an individual’s uncorrected vision unless the [standard](/usc/42/1320d.md?p=7), test, or other selection criteria, as used by the [covered entity](/usc/42/12111.md?p=2), is shown to be job-related for the position in question and consistent with business necessity.
- (d) **Religious entities—**
  - (1) **In general—** This subchapter shall not prohibit a religious [corporation](/usc/42/2296b–7.md?p=1), association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such [corporation](/usc/42/2296b–7.md?p=1), association, educational institution, or society of its activities.
  - (2) **Religious tenets requirement—** Under this subchapter, a religious organization may require that all applicants and [employees](/usc/42/12111.md?p=4) conform to the religious tenets of such organization.
- (e) **List of infectious and communicable diseases—**
  - (1) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) of Health and Human Services, not later than 6 months after July 26, 1990, shall—
    - (A) review all infectious and communicable diseases which may be transmitted through handling the food supply;
    - (B) publish a list of infectious and communicable diseases which are transmitted through handling the food supply;
    - (C) publish the methods by which such diseases are transmitted; and
    - (D) widely disseminate such information regarding the list of diseases and their modes of transmissability[^1] to the general public.

    Such list shall be updated annually.

  - (2) **Applications—** In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the [Secretary](/usc/42/242q–4.md?p=2) of Health and Human Services under [paragraph (1)](#e-1), and which cannot be eliminated by [reasonable accommodation](/usc/42/12111.md?p=9), a [covered entity](/usc/42/12111.md?p=2) may refuse to assign or continue to assign such individual to a job involving food handling.
  - (3) **Construction—** Nothing in this chapter shall be construed to preempt, modify, or amend any [State](/usc/42/12103.md?p=2), county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by [reasonable accommodation](/usc/42/12111.md?p=9), pursuant to the list of infectious or communicable diseases and the modes of transmissability[^1] published by the [Secretary](/usc/42/242q–4.md?p=2) of Health and Human Services.

# §12114. Illegal use of drugs and alcohol

- (a) **Qualified individual with a disability—** For purposes of this subchapter, a [qualified individual with a disability](/usc/42/5057.md?p=a-2) shall not include any [employee](/usc/42/12111.md?p=4) or applicant who is currently engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A), when the [covered entity](/usc/42/12111.md?p=2) acts on the basis of such use.
- (b) **Rules of construction—** Nothing in [subsection (a)](#a) shall be construed to exclude as a [qualified individual with a disability](/usc/42/5057.md?p=a-2) an individual who—
  - (1) has successfully completed a supervised [drug](/usc/42/12111.md?p=6-B) rehabilitation [program](/usc/42/274l–1.md?p=4) and is no longer engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A), or has otherwise been rehabilitated successfully and is no longer engaging in such use;
  - (2) is participating in a supervised rehabilitation [program](/usc/42/274l–1.md?p=4) and is no longer engaging in such use; or
  - (3) is erroneously regarded as engaging in such use, but is not engaging in such use;

  except that it shall not be a [violation](/usc/42/2000e–16a.md?p=c) of this chapter for a [covered entity](/usc/42/12111.md?p=2) to adopt or administer reasonable policies or procedures, including but not limited to [drug](/usc/42/12111.md?p=6-B) testing, designed to ensure that an individual described in paragraph [(1)](#b-1) or [(2)](#b-2) is no longer engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A).

- (c) **Authority of covered entity—** A [covered entity](/usc/42/12111.md?p=2)—
  - (1) may prohibit the [illegal use of drugs](/usc/42/12111.md?p=6-A) and the use of alcohol at the workplace by all [employees](/usc/42/12111.md?p=4);
  - (2) may require that [employees](/usc/42/12111.md?p=4) shall not be under the influence of alcohol or be engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A) at the workplace;
  - (3) may require that [employees](/usc/42/12111.md?p=4) behave in conformance with the requirements established under [chapter 81](/usc/41/chstIV-ch81.md) of title 41;
  - (4) may hold an [employee](/usc/42/12111.md?p=4) who engages in the [illegal use of drugs](/usc/42/12111.md?p=6-A) or who is an alcoholic to the same qualification [standards](/usc/42/1320d.md?p=7) for employment or job performance and behavior that such entity holds other [employees](/usc/42/12111.md?p=4), even if any unsatisfactory performance or behavior is related to the [drug](/usc/42/12111.md?p=6-B) use or alcoholism of such [employee](/usc/42/12111.md?p=4); and
  - (5) may, with respect to Federal regulations regarding alcohol and the [illegal use of drugs](/usc/42/12111.md?p=6-A), require that—
    - (A) [employees](/usc/42/12111.md?p=4) comply with the [standards](/usc/42/1320d.md?p=7) established in such regulations of the Department of Defense, if the [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) who are employed in such positions (as defined in the regulations of the Department of Defense);
    - (B) [employees](/usc/42/12111.md?p=4) comply with the [standards](/usc/42/1320d.md?p=7) established in such regulations of the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1), if the [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) who are employed in such positions (as defined in the regulations of the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1)); and
    - (C) [employees](/usc/42/12111.md?p=4) comply with the [standards](/usc/42/1320d.md?p=7) established in such regulations of the Department of Transportation, if the [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) who are employed in such positions (as defined in the regulations of the Department of Transportation).
- (d) **Drug testing—**
  - (1) **In general—** For purposes of this subchapter, a test to determine the [illegal use of drugs](/usc/42/12111.md?p=6-A) shall not be considered a medical examination.
  - (2) **Construction—** Nothing in this subchapter shall be construed to encourage, prohibit, or authorize the conducting of [drug](/usc/42/12111.md?p=6-B) testing for the [illegal use of drugs](/usc/42/12111.md?p=6-A) by job applicants or [employees](/usc/42/12111.md?p=4) or making employment decisions based on such test results.
- (e) **Transportation employees—** Nothing in this subchapter shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to—
  - (1) test [employees](/usc/42/12111.md?p=4) of such entities in, and applicants for, positions involving safety-sensitive duties for the [illegal use of drugs](/usc/42/12111.md?p=6-A) and for on-duty impairment by alcohol; and
  - (2) [remove](/usc/42/9601.md?p=23) such [persons](/usc/42/1320a–7k.md?p=d-4-C-i) who test positive for [illegal use of drugs](/usc/42/12111.md?p=6-A) and on-duty impairment by alcohol pursuant to [paragraph (1)](#e-1) from safety-sensitive duties in implementing [subsection (c)](#c).

# §12115. Posting notices


Every [employer](/usc/42/12111.md?p=5-A), [employment agency](/usc/42/2000ff.md?p=2-C), [labor organization](/usc/42/2000ff.md?p=2-C), or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, [employees](/usc/42/12111.md?p=4), and members describing the applicable provisions of this chapter, in the manner prescribed by [section 2000e–10 of this title](/usc/42/2000e–10.md).


# §12116. Regulations


Not later than 1 year after July 26, 1990, the [Commission](/usc/42/2000ff.md?p=1) shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5.


# §12117. Enforcement

- (a) **Powers, remedies, and procedures—** The powers, remedies, and procedures set forth in sections [2000e–4](/usc/42/2000e–4.md), [2000e–5](/usc/42/2000e–5.md), [2000e–6](/usc/42/2000e–6.md), [2000e–8](/usc/42/2000e–8.md), and [2000e–9](/usc/42/2000e–9.md) of this title shall be the powers, remedies, and procedures this subchapter provides to the [Commission](/usc/42/2000ff.md?p=1), to the [Attorney General](/usc/42/14902.md?p=6), or to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) alleging discrimination on the basis of [disability](/usc/42/12102.md?p=1) in [violation](/usc/42/2000e–16a.md?p=c) of any provision of this chapter, or regulations promulgated under [section 12116 of this title](/usc/42/12116.md), concerning employment.
- (b) **Coordination—** The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and under the Rehabilitation Act of 1973 [[29 U.S.C. 701](/usc/29/701.md) et seq.] shall develop procedures to ensure that administrative complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting [standards](/usc/42/1320d.md?p=7) for the same requirements under this subchapter and the Rehabilitation Act of 1973. The [Commission](/usc/42/2000ff.md?p=1), the [Attorney General](/usc/42/14902.md?p=6), and the [Office](/usc/42/3058f.md?p=1) of Federal Contract Compliance [Programs](/usc/42/274l–1.md?p=4) shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the [Commission](/usc/42/2000ff.md?p=1) and the [Attorney General](/usc/42/14902.md?p=6) at [part 42 of title 28](/cfr/28/part42.md) and [part 1691 of title 29, Code of Federal Regulations](/cfr/29/part1691.md), and the Memorandum of Understanding between the [Commission](/usc/42/2000ff.md?p=1) and the [Office](/usc/42/3058f.md?p=1) of Federal Contract Compliance [Programs](/usc/42/274l–1.md?p=4) dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this subchapter and Rehabilitation Act of 1973 not later than 18 months after July 26, 1990.

# §12131. Definitions


As used in this subchapter:

- (1) **Public entity—** The term “public entity” means—
  - (A) any [State](/usc/42/12103.md?p=2) or [local government](/usc/42/8401a.md);
  - (B) any department, agency, special purpose district, or other instrumentality of a [State](/usc/42/12103.md?p=2) or [States](/usc/42/12103.md?p=2) or [local government](/usc/42/8401a.md); and
  - (C) the National Railroad Passenger [Corporation](/usc/42/2296b–7.md?p=1), and any commuter authority (as defined in section 24102(4)[^1] of [title 49](/usc/49.md)).
- (2) **Qualified individual with a disability—** The term “qualified individual with a disability” means an [individual with a disability](/usc/42/12210.md?p=a) who, with or without reasonable [modifications](/usc/42/7501.md?p=4) to rules, policies, or [practices](/usc/42/17061.md?p=19), the [removal](/usc/42/9601.md?p=23) of architectural, communication, or transportation barriers, or the provision of [auxiliary aids and services](/usc/42/12103.md?p=1), meets the essential eligibility requirements for the receipt of services or the participation in [programs](/usc/42/274l–1.md?p=4) or activities provided by a [public entity](#1).

# §12132. Discrimination


Subject to the provisions of this subchapter, no [qualified individual with a disability](/usc/42/12131.md?p=2) shall, by reason of such [disability](/usc/42/12102.md?p=1), be excluded from participation in or be denied the benefits of the services, [programs](/usc/42/274l–1.md?p=4), or activities of a [public entity](/usc/42/12131.md?p=1), or be subjected to discrimination by any such entity.


# §12133. Enforcement


The remedies, procedures, and rights set forth in [section 794a of title 29](/usc/29/794a.md) shall be the remedies, procedures, and rights this subchapter provides to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) alleging discrimination on the basis of [disability](/usc/42/12102.md?p=1) in [violation](/usc/42/2000e–16a.md?p=c) of [section 12132 of this title](/usc/42/12132.md).


# §12134. Regulations

- (a) **In general—** Not later than 1 year after July 26, 1990, the [Attorney General](/usc/42/14902.md?p=6) shall promulgate regulations in an accessible format that implement this part. Such regulations shall not include any matter within the scope of the authority of the [Secretary](/usc/42/242q–4.md?p=2) of Transportation under section [12143](/usc/42/12143.md), [12149](/usc/42/12149.md), or [12164](/usc/42/12164.md) of this title.
- (b) **Relationship to other regulations—** Except for “[program](/usc/42/274l–1.md?p=4) accessibility, existing [facilities](/usc/42/11049.md?p=4)”, and “communications”, regulations under [subsection (a)](#a) shall be consistent with this chapter and with the coordination regulations under [part 41 of title 28, Code of Federal Regulations](/cfr/28/part41.md) (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to [recipients](/usc/42/2996a.md?p=6) of Federal financial assistance under [section 794 of title 29](/usc/29/794.md). With respect to “[program](/usc/42/274l–1.md?p=4) accessibility, existing [facilities](/usc/42/11049.md?p=4)”, and “communications”, such regulations shall be consistent with regulations and analysis as in [part 39 of title 28 of the Code of Federal Regulations](/cfr/28/part39.md), applicable to federally conducted activities under [section 794 of title 29](/usc/29/794.md).
- (c) **Standards—** Regulations under [subsection (a)](#a) shall include [standards](/usc/42/1320d.md?p=7) applicable to [facilities](/usc/42/11049.md?p=4) and vehicles covered by this part, other than [facilities](/usc/42/11049.md?p=4), stations, rail passenger cars, and vehicles covered by part B. Such [standards](/usc/42/1320d.md?p=7) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) in accordance with [section 12204(a) of this title](/usc/42/12204.md?p=a).

# §12141. Definitions


As used in this subpart:

- (1) **Demand responsive system—** The term “demand responsive system” means any system of providing [designated public transportation](#2) which is not a [fixed route system](#3).
- (2) **Designated public transportation—** The term “designated public transportation” means transportation (other than [public school transportation](#5)) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in [section 12161 of this title](/usc/42/12161.md))) that provides the general public with general or special service (including charter service) on a regular and continuing basis.
- (3) **Fixed route system—** The term “fixed route system” means a system of providing [designated public transportation](#2) on which a vehicle is operated along a prescribed route according to a fixed schedule.
- (4) **Operates—** The term “operates”, as used with respect to a [fixed route system](#3) or [demand responsive system](#1), includes operation of such system by a [person](/usc/42/1320a–7k.md?p=d-4-C-i) under a contractual or other arrangement or relationship with a [public entity](/usc/42/12131.md?p=1).
- (5) **Public school transportation—** The term “public school transportation” means transportation by schoolbus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary [school](/usc/42/6372.md?p=1) and [school](/usc/42/6372.md?p=1)-related activities.
- (6) **Secretary—** The term “Secretary” means the Secretary of Transportation.

# §12142. Public entities operating fixed route systems

- (a) **Purchase and lease of new vehicles—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following July 26, 1990, and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
- (b) **Purchase and lease of used vehicles—** Subject to [subsection (c)(1)](#c-1), it shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) to purchase or lease, after the 30th day following July 26, 1990, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
- (c) **Remanufactured vehicles—**
  - (1) **General rule—** Except as provided in [paragraph (2)](#c-2), it shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3)—
    - (A) to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins (or for which the solicitation is made) after the 30th day following July 26, 1990; or
    - (B) to purchase or lease for use on such system a remanufactured vehicle which has been remanufactured so as to extend its usable life for 5 years or more, which purchase or lease occurs after such 30th day and during the period in which the usable life is extended;

    unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.

  - (2) **Exception for historic vehicles—**
    - (A) **General rule—** If a [public entity](/usc/42/12131.md?p=1) [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) any segment of which is included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) would significantly alter the historic character of such vehicle, the [public entity](/usc/42/12131.md?p=1) only has to make (or to purchase or lease a remanufactured vehicle with) those [modifications](/usc/42/7501.md?p=4) which are necessary to meet the requirements of [paragraph (1)](#c-1) and which do not significantly alter the historic character of such vehicle.
    - (B) **Vehicles of historic character defined by regulations—** For purposes of this paragraph and [section 12148(b) of this title](/usc/42/12148.md?p=b), a vehicle of historic character shall be defined by the regulations issued by the [Secretary](/usc/42/12141.md?p=6) to carry out this subsection.

# §12143. Paratransit as a complement to fixed route service

- (a) **General rule—** It shall be considered [discrimination](#e) for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its [fixed route system](/usc/42/12141.md?p=3), in accordance with this section, paratransit and other special transportation services to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of [designated public transportation](/usc/42/12141.md?p=2) services provided to individuals without [disabilities](/usc/42/12102.md?p=1) using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of [designated public transportation](/usc/42/12141.md?p=2) services provided to individuals without [disabilities](/usc/42/12102.md?p=1) using such system.
- (b) **Issuance of regulations—** Not later than 1 year after July 26, 1990, the [Secretary](/usc/42/12141.md?p=6) shall issue final regulations to carry out this section.
- (c) **Required contents of regulations—**
  - (1) **Eligible recipients of service—** The regulations issued under this section shall require each [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) to provide the paratransit and other special transportation services required under this section—
    - (A)
      - (i) to any [individual with a disability](/usc/42/12210.md?p=a) who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lift or other boarding assistance device), to [board](/usc/42/10261.md?p=2), ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1);
      - (ii) to any [individual with a disability](/usc/42/12210.md?p=a) who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to [board](/usc/42/10261.md?p=2), ride, and disembark from any vehicle which is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) if the individual wants to travel on a route on the system during the hours of operation of the system at a time (or within a reasonable period of such time) when such a vehicle is not being used to provide [designated public transportation](/usc/42/12141.md?p=2) on the route; and
      - (iii) to any [individual with a disability](/usc/42/12210.md?p=a) who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system;
    - (B) to one other individual accompanying the individual with the [disability](/usc/42/12102.md?p=1); and
    - (C) to other individuals, in addition to the one individual described in [subparagraph (B)](#c-1-B), accompanying the [individual with a disability](/usc/42/12210.md?p=a) provided that space for these additional individuals is available on the paratransit vehicle carrying the [individual with a disability](/usc/42/12210.md?p=a) and that the transportation of such additional individuals will not result in a denial of service to individuals with [disabilities](/usc/42/12102.md?p=1).

    For purposes of clauses [(i)](#c-1-A-i) and [(ii)](#c-1-A-ii) of subparagraph (A), boarding or disembarking from a vehicle does not include travel to the boarding location or from the disembarking location.

  - (2) **Service area—** The regulations issued under this section shall require the provision of paratransit and special transportation services required under this section in the service area of each [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3), other than any portion of the service area in which the [public entity](/usc/42/12131.md?p=1) solely provides commuter bus service.
  - (3) **Service criteria—** Subject to paragraphs [(1)](#c-1) and [(2)](#c-2), the regulations issued under this section shall establish minimum service criteria for determining the level of services to be required under this section.
  - (4) **Undue financial burden limitation—** The regulations issued under this section shall provide that, if the [public entity](/usc/42/12131.md?p=1) is able to demonstrate to the satisfaction of the [Secretary](/usc/42/12141.md?p=6) that the provision of paratransit and other special transportation services otherwise required under this section would impose an undue financial burden on the [public entity](/usc/42/12131.md?p=1), the [public entity](/usc/42/12131.md?p=1), notwithstanding any other provision of this section (other than [paragraph (5)](#c-5)), shall only be required to provide such services to the extent that providing such services would not impose such a burden.
  - (5) **Additional services—** The regulations issued under this section shall establish circumstances under which the [Secretary](/usc/42/12141.md?p=6) may require a [public entity](/usc/42/12131.md?p=1) to provide, notwithstanding [paragraph (4)](#c-4), paratransit and other special transportation services under this section beyond the level of paratransit and other special transportation services which would otherwise be required under [paragraph (4)](#c-4).
  - (6) **Public participation—** The regulations issued under this section shall require that each [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) hold a public hearing, provide an opportunity for public comment, and consult with individuals with [disabilities](/usc/42/12102.md?p=1) in preparing its plan under [paragraph (7)](#c-7).
  - (7) **Plans—** The regulations issued under this section shall require that each [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3)—
    - (A) within 18 months after July 26, 1990, submit to the [Secretary](/usc/42/12141.md?p=6), and commence implementation of, a plan for providing paratransit and other special transportation services which meets the requirements of this section; and
    - (B) on an annual basis thereafter, submit to the [Secretary](/usc/42/12141.md?p=6), and commence implementation of, a plan for providing such services.
  - (8) **Provision of services by others—** The regulations issued under this section shall—
    - (A) require that a [public entity](/usc/42/12131.md?p=1) submitting a plan to the [Secretary](/usc/42/12141.md?p=6) under this section identify in the plan any [person](/usc/42/1320a–7k.md?p=d-4-C-i) or other [public entity](/usc/42/12131.md?p=1) which is providing a paratransit or other special transportation service for individuals with [disabilities](/usc/42/12102.md?p=1) in the service area to which the plan applies; and
    - (B) provide that the [public entity](/usc/42/12131.md?p=1) submitting the plan does not have to provide under the plan such service for individuals with [disabilities](/usc/42/12102.md?p=1).
  - (9) **Other provisions—** The regulations issued under this section shall include such other provisions and requirements as the [Secretary](/usc/42/12141.md?p=6) determines are necessary to carry out the objectives of this section.
- (d) **Review of plan—**
  - (1) **General rule—** The [Secretary](/usc/42/12141.md?p=6) shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, including the regulations issued under this section.
  - (2) **Disapproval—** If the [Secretary](/usc/42/12141.md?p=6) determines that a plan reviewed under this subsection fails to meet the requirements of this section, the [Secretary](/usc/42/12141.md?p=6) shall disapprove the plan and notify the [public entity](/usc/42/12131.md?p=1) which submitted the plan of such disapproval and the reasons therefor.
  - (3) **Modification of disapproved plan—** Not later than 90 days after the date of disapproval of a plan under this subsection, the [public entity](/usc/42/12131.md?p=1) which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the [Secretary](/usc/42/12141.md?p=6), and commence implementation of, such [modified](/usc/42/7501.md?p=4) plan.
- (e) **“Discrimination” defined—** As used in [subsection (a)](#a), the term “discrimination” includes—
  - (1) a failure of a [public entity](/usc/42/12131.md?p=1) to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections [(c)(6)](#c-6) and [(c)(7)](#c-7);
  - (2) a failure of such entity to submit, or commence implementation of, a [modified](/usc/42/7501.md?p=4) plan in accordance with [subsection (d)(3)](#d-3);
  - (3) submission to the [Secretary](/usc/42/12141.md?p=6) of a [modified](/usc/42/7501.md?p=4) plan under [subsection (d)(3)](#d-3) which does not meet the requirements of this section; or
  - (4) a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or [modified](/usc/42/7501.md?p=4) plan the [public entity](/usc/42/12131.md?p=1) submitted to the [Secretary](/usc/42/12141.md?p=6) under this section.
- (f) **Statutory construction—** Nothing in this section shall be construed as preventing a [public entity](/usc/42/12131.md?p=1)—
  - (1) from providing paratransit or other special transportation services at a level which is greater than the level of such services which are required by this section,
  - (2) from providing paratransit or other special transportation services in addition to those paratransit and special transportation services required by this section, or
  - (3) from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section.

# §12144. Public entity operating a demand responsive system


If a [public entity](/usc/42/12131.md?p=1) [operates](/usc/42/12141.md?p=4) a [demand responsive system](/usc/42/12141.md?p=1), it shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), for such entity to purchase or lease a new vehicle for use on such system, for which a solicitation is made after the 30th day following July 26, 1990, that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service such system provides to individuals without [disabilities](/usc/42/12102.md?p=1).


# §12145. Temporary relief where lifts are unavailable

- (a) **Granting—** With respect to the purchase of new buses, a [public entity](/usc/42/12131.md?p=1) may apply for, and the [Secretary](/usc/42/12141.md?p=6) may temporarily relieve such [public entity](/usc/42/12131.md?p=1) from the obligation under section [12142(a)](/usc/42/12142.md?p=a) or [12144](/usc/42/12144.md) of this title to purchase new buses that are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) if such [public entity](/usc/42/12131.md?p=1) demonstrates to the satisfaction of the [Secretary](/usc/42/12141.md?p=6)—
  - (1) that the initial solicitation for new buses made by the [public entity](/usc/42/12131.md?p=1) specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1);
  - (2) the unavailability from any qualified [manufacturer](/usc/42/300aa–33.md?p=3) of hydraulic, electromechanical, or other lifts for such new buses;
  - (3) that the [public entity](/usc/42/12131.md?p=1) seeking temporary relief has made good faith efforts to locate a qualified [manufacturer](/usc/42/300aa–33.md?p=3) to supply the lifts to the [manufacturer](/usc/42/300aa–33.md?p=3) of such buses in sufficient time to comply with such solicitation; and
  - (4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the [public entity](/usc/42/12131.md?p=1).
- (b) **Duration and notice to Congress—** Any relief granted under [subsection (a)](#a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.
- (c) **Fraudulent application—** If, at any time, the [Secretary](/usc/42/12141.md?p=6) has reasonable [cause](/usc/42/9908.md?p=c-2) to believe that any relief granted under [subsection (a)](#a) was fraudulently applied for, the [Secretary](/usc/42/12141.md?p=6) shall—
  - (1) cancel such relief if such relief is still in effect; and
  - (2) take such other action as the [Secretary](/usc/42/12141.md?p=6) considers appropriate.

# §12146. New facilities


For purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), it shall be considered discrimination for a [public entity](/usc/42/12131.md?p=1) to construct a new [facility](/usc/42/11049.md?p=4) to be used in the provision of [designated public transportation](/usc/42/12141.md?p=2) services unless such [facility](/usc/42/11049.md?p=4) is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.


# §12147. Alterations of existing facilities

- (a) **General rule—** With respect to alterations of an existing [facility](/usc/42/11049.md?p=4) or part thereof used in the provision of [designated public transportation](/usc/42/12141.md?p=2) services that affect or could affect the usability of the [facility](/usc/42/11049.md?p=4) or part thereof, it shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), for a [public entity](/usc/42/12131.md?p=1) to fail to make such alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent feasible, the altered portions of the [facility](/usc/42/11049.md?p=4) are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, upon the completion of such alterations. Where the [public entity](/usc/42/12131.md?p=1) is undertaking an alteration that affects or could affect usability of or access to an area of the [facility](/usc/42/11049.md?p=4) containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the [Attorney General](/usc/42/14902.md?p=6)).
- (b) **Special rule for stations—**
  - (1) **General rule—** For purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), it shall be considered discrimination for a [public entity](/usc/42/12131.md?p=1) that provides [designated public transportation](/usc/42/12141.md?p=2) to fail, in accordance with the provisions of this subsection, to make key stations (as determined under criteria established by the [Secretary](/usc/42/12141.md?p=6) by regulation) in rapid rail and light rail systems readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
  - (2) **Rapid rail and light rail key stations—**
    - (A) **Accessibility—** Except as otherwise provided in this paragraph, all key stations (as determined under criteria established by the [Secretary](/usc/42/12141.md?p=6) by regulation) in rapid rail and light rail systems shall be made readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 3-year period beginning on July 26, 1990.
    - (B) **Extension for extraordinarily expensive structural changes—** The [Secretary](/usc/42/12141.md?p=6) may extend the 3-year period under [subparagraph (A)](#b-2-A) up to a 30-year period for key stations in a rapid rail or light rail system which stations need extraordinarily expensive structural changes to, or replacement of, existing [facilities](/usc/42/11049.md?p=4); except that by the last day of the 20th year following July 26, 1990, at least ⅔ of such key stations must be readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1).
  - (3) **Plans and milestones—** The [Secretary](/usc/42/12141.md?p=6) shall require the appropriate [public entity](/usc/42/12131.md?p=1) to develop and submit to the [Secretary](/usc/42/12141.md?p=6) a plan for compliance with this subsection—
    - (A) that reflects consultation with individuals with [disabilities](/usc/42/12102.md?p=1) affected by such plan and the results of a public hearing and public comments on such plan, and
    - (B) that establishes milestones for achievement of the requirements of this subsection.

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

- (a) **Public transportation programs and activities in existing facilities—**
  - (1) **In general—** With respect to existing [facilities](/usc/42/11049.md?p=4) used in the provision of [designated public transportation](/usc/42/12141.md?p=2) services, it shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), for a [public entity](/usc/42/12131.md?p=1) to fail to operate a [designated public transportation](/usc/42/12141.md?p=2) [program or activity](/usc/42/2000cc–5.md?p=6) conducted in such [facilities](/usc/42/11049.md?p=4) so that, when viewed in the entirety, the [program or activity](/usc/42/2000cc–5.md?p=6) is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1).
  - (2) **Exception—** [Paragraph (1)](#a-1) shall not require a [public entity](/usc/42/12131.md?p=1) to make structural changes to existing [facilities](/usc/42/11049.md?p=4) in order to make such [facilities](/usc/42/11049.md?p=4) accessible to individuals who use wheelchairs, unless and to the extent required by [section 12147(a) of this title](/usc/42/12147.md?p=a) (relating to alterations) or [section 12147(b) of this title](/usc/42/12147.md?p=b) (relating to key stations).
  - (3) **Utilization—** [Paragraph (1)](#a-1) shall not require a [public entity](/usc/42/12131.md?p=1) to which [paragraph (2)](#a-2) applies, to provide to individuals who use wheelchairs services made available to the general public at such [facilities](/usc/42/11049.md?p=4) when such individuals could not utilize or benefit from such services provided at such [facilities](/usc/42/11049.md?p=4).
- (b) **One car per train rule—**
  - (1) **General rule—** Subject to [paragraph (2)](#b-2), with respect to 2 or more vehicles operated as a train by a light or rapid rail system, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), it shall be considered discrimination for a [public entity](/usc/42/12131.md?p=1) to fail to have at least 1 vehicle per train that is accessible to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 5-year period beginning on the effective date of this section.
  - (2) **Historic trains—** In order to comply with [paragraph (1)](#b-1) with respect to the remanufacture of a vehicle of historic character which is to be used on a segment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) would significantly alter the historic character of such vehicle, the [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) such system only has to make (or to purchase or lease a remanufactured vehicle with) those [modifications](/usc/42/7501.md?p=4) which are necessary to meet the requirements of [section 12142(c)(1) of this title](/usc/42/12142.md?p=c-1) and which do not significantly alter the historic character of such vehicle.

# §12149. Regulations

- (a) **In general—** Not later than 1 year after July 26, 1990, the [Secretary](/usc/42/12141.md?p=6) of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart (other than [section 12143 of this title](/usc/42/12143.md)).
- (b) **Standards—** The regulations issued under this section and [section 12143 of this title](/usc/42/12143.md) shall include [standards](/usc/42/1320d.md?p=7) applicable to [facilities](/usc/42/11049.md?p=4) and vehicles covered by this part. The [standards](/usc/42/1320d.md?p=7) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) in accordance with [section 12204 of this title](/usc/42/12204.md).

# §12150. Interim accessibility requirements


If final regulations have not been issued pursuant to [section 12149 of this title](/usc/42/12149.md), for new [construction](/usc/42/7479.md?p=2-C) or alterations for which a valid and appropriate [State](/usc/42/12103.md?p=2) or local [building](/usc/42/6881.md?p=i-3) permit is obtained prior to the issuance of final regulations under such section, and for which the [construction](/usc/42/7479.md?p=2-C) or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7) in effect at the time the [building](/usc/42/6881.md?p=i-3) permit is issued shall suffice to satisfy the requirement that [facilities](/usc/42/11049.md?p=4) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) as required under sections [12146](/usc/42/12146.md) and [12147](/usc/42/12147.md) of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) has issued the supplemental minimum guidelines required under [section 12204(a) of this title](/usc/42/12204.md?p=a), compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that [facilities](/usc/42/11049.md?p=4) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) prior to issuance of the final regulations.


# §12161. Definitions


As used in this subpart:

- (1) **Commuter authority—** The term “commuter authority” has the meaning given such term in section 24102(4)[^1] of [title 49](/usc/49.md).
- (2) **Commuter rail transportation—** The term “commuter rail transportation” has the meaning given the term “commuter rail passenger transportation” in section 24102(5)[^1] of [title 49](/usc/49.md).
- (3) **Intercity rail transportation—** The term “intercity rail transportation” means transportation provided by the National Railroad Passenger [Corporation](/usc/42/2296b–7.md?p=1).
- (4) **Rail passenger car—** The term “rail passenger car” means, with respect to [intercity rail transportation](#3), [single](/usc/42/2304.md?p=m)-level and bi-level coach cars, [single](/usc/42/2304.md?p=m)-level and bi-level dining cars, [single](/usc/42/2304.md?p=m)-level and bi-level sleeping cars, [single](/usc/42/2304.md?p=m)-level and bi-level lounge cars, and food service cars.
- (5) **Responsible person—** The term “responsible person” means—
  - (A) in the case of a [station](#6) more than 50 percent of which is owned by a [public entity](/usc/42/12131.md?p=1), such [public entity](/usc/42/12131.md?p=1);
  - (B) in the case of a [station](#6) more than 50 percent of which is owned by a private party, the [persons](/usc/42/1320a–7k.md?p=d-4-C-i) providing intercity or [commuter rail transportation](#2) to such [station](#6), as allocated on an equitable basis by regulation by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation; and
  - (C) in a case where no party owns more than 50 percent of a [station](#6), the [persons](/usc/42/1320a–7k.md?p=d-4-C-i) providing intercity or [commuter rail transportation](#2) to such [station](#6) and the [owners](/usc/42/13641.md?p=4) of the [station](#6), other than private party [owners](/usc/42/13641.md?p=4), as allocated on an equitable basis by regulation by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation.
- (6) **Station—** The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or [commuter rail transportation](#2) is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a [public entity](/usc/42/12131.md?p=1) providing rail transportation owns the property, concession areas, to the extent that such [public entity](/usc/42/12131.md?p=1) exercises control over the selection, design, [construction](/usc/42/7479.md?p=2-C), or alteration of the property, but such term does not include flag stops.

# §12162. Intercity and commuter rail actions considered discriminatory

- (a) **Intercity rail transportation—**
  - (1) **One car per train rule—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) who provides [intercity rail transportation](/usc/42/12161.md?p=3) to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, in accordance with regulations issued under [section 12164 of this title](/usc/42/12164.md), as soon as practicable, but in no event later than 5 years after July 26, 1990.
  - (2) **New intercity cars—**
    - (A) **General rule—** Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to purchase or lease any new [rail passenger cars](/usc/42/12161.md?p=4) for use in [intercity rail transportation](/usc/42/12161.md?p=3), and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
    - (B) **Special rule for single-level passenger coaches for individuals who use wheelchairs—** [Single](/usc/42/2304.md?p=m)-level passenger coaches shall be required to—
      - (i) be able to be entered by an individual who uses a wheelchair;
      - (ii) have space to park and secure a wheelchair;
      - (iii) have a seat to which a passenger in a wheelchair can transfer, and a space to fold and store such passenger’s wheelchair; and
      - (iv) have a restroom usable by an individual who uses a wheelchair,

      only to the extent provided in [paragraph (3)](#a-3).

    - (C) **Special rule for single-level dining cars for individuals who use wheelchairs—** [Single](/usc/42/2304.md?p=m)-level dining cars shall not be required to—
      - (i) be able to be entered from the [station](/usc/42/12161.md?p=6) platform by an individual who uses a wheelchair; or
      - (ii) have a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger.
    - (D) **Special rule for bi-level dining cars for individuals who use wheelchairs—** Bi-level dining cars shall not be required to—
      - (i) be able to be entered by an individual who uses a wheelchair;
      - (ii) have space to park and secure a wheelchair;
      - (iii) have a seat to which a passenger in a wheelchair can transfer, or a space to fold and store such passenger’s wheelchair; or
      - (iv) have a restroom usable by an individual who uses a wheelchair.
  - (3) **Accessibility of single-level coaches—**
    - (A) **General rule—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) who provides [intercity rail transportation](/usc/42/12161.md?p=3) to fail to have on each train which includes one or more [single](/usc/42/2304.md?p=m)-level rail passenger coaches—
      - (i) a number of spaces—
        - (I) to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than one-half of the number of [single](/usc/42/2304.md?p=m)-level rail passenger coaches in such train; and
        - (II) to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than one-half of the number of [single](/usc/42/2304.md?p=m)-level rail passenger coaches in such train,

      as soon as practicable, but in no event later than 5 years after July 26, 1990; and

      - (ii) a number of spaces—
        - (I) to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than the total number of [single](/usc/42/2304.md?p=m)-level rail passenger coaches in such train; and
        - (II) to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than the total number of [single](/usc/42/2304.md?p=m)-level rail passenger coaches in such train,

      as soon as practicable, but in no event later than 10 years after July 26, 1990.

    - (B) **Location—** Spaces required by [subparagraph (A)](#a-3-A) shall be located in [single](/usc/42/2304.md?p=m)-level rail passenger coaches or food service cars.
    - (C) **Limitation—** Of the number of spaces required on a train by [subparagraph (A)](#a-3-A), not more than two spaces to park and secure wheelchairs nor more than two spaces to fold and store wheelchairs shall be located in any one coach or food service car.
    - (D) **Other accessibility features—** [Single](/usc/42/2304.md?p=m)-level rail passenger coaches and food service cars on which the spaces required by [subparagraph (A)](#a-3-A) are located shall have a restroom usable by an individual who uses a wheelchair and shall be able to be entered from the [station](/usc/42/12161.md?p=6) platform by an individual who uses a wheelchair.
  - (4) **Food service—**
    - (A) **Single-level dining cars—** On any train in which a [single](/usc/42/2304.md?p=m)-level dining car is used to provide food service—
      - (i) if such [single](/usc/42/2304.md?p=m)-level dining car was purchased after July 26, 1990, table service in such car shall be provided to a passenger who uses a wheelchair if—
        - (I) the car adjacent to the end of the dining car through which a wheelchair may enter is itself accessible to a wheelchair;
        - (II) such passenger can exit to the platform from the car such passenger occupies, move down the platform, and enter the adjacent accessible car described in [subclause (I)](#a-4-A-i-I) without the necessity of the train being moved within the [station](/usc/42/12161.md?p=6); and
        - (III) space to park and secure a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to remain in a wheelchair), or space to store and fold a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to transfer to a dining car seat); and
      - (ii) appropriate [auxiliary aids and services](/usc/42/12103.md?p=1), including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, and to passengers traveling with such individuals.

      Unless not practicable, a [person](/usc/42/1320a–7k.md?p=d-4-C-i) providing [intercity rail transportation](/usc/42/12161.md?p=3) shall place an accessible car adjacent to the end of a dining car described in [clause (i)](#a-4-A-i) through which an individual who uses a wheelchair may enter.

    - (B) **Bi-level dining cars—** On any train in which a bi-level dining car is used to provide food service—
      - (i) if such train includes a bi-level lounge car purchased after July 26, 1990, table service in such lounge car shall be provided to individuals who use wheelchairs and to other passengers; and
      - (ii) appropriate [auxiliary aids and services](/usc/42/12103.md?p=1), including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, and to passengers traveling with such individuals.
- (b) **Commuter rail transportation—**
  - (1) **One car per train rule—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) who provides [commuter rail transportation](/usc/42/12161.md?p=2) to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, in accordance with regulations issued under [section 12164 of this title](/usc/42/12164.md), as soon as practicable, but in no event later than 5 years after July 26, 1990.
  - (2) **New commuter rail cars—**
    - (A) **General rule—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to purchase or lease any new [rail passenger cars](/usc/42/12161.md?p=4) for use in [commuter rail transportation](/usc/42/12161.md?p=2), and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
    - (B) **Accessibility—** For purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), a requirement that a [rail passenger car](/usc/42/12161.md?p=4) used in [commuter rail transportation](/usc/42/12161.md?p=2) be accessible to or readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, shall not be construed to require—
      - (i) a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger;
      - (ii) space to fold and store a wheelchair; or
      - (iii) a seat to which a passenger who uses a wheelchair can transfer.
- (c) **Used rail cars—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to purchase or lease a used [rail passenger car](/usc/42/12161.md?p=4) for use in intercity or [commuter rail transportation](/usc/42/12161.md?p=2), unless such [person](/usc/42/1320a–7k.md?p=d-4-C-i) makes demonstrated good faith efforts to purchase or lease a used rail car that is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
- (d) **Remanufactured rail cars—**
  - (1) **Remanufacturing—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to remanufacture a [rail passenger car](/usc/42/12161.md?p=4) for use in intercity or [commuter rail transportation](/usc/42/12161.md?p=2) so as to extend its usable life for 10 years or more, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
  - (2) **Purchase or lease—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to purchase or lease a remanufactured [rail passenger car](/usc/42/12161.md?p=4) for use in intercity or [commuter rail transportation](/usc/42/12161.md?p=2) unless such car was remanufactured in accordance with [paragraph (1)](#d-1).
- (e) **Stations—**
  - (1) **New stations—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to build a new [station](/usc/42/12161.md?p=6) for use in intercity or [commuter rail transportation](/usc/42/12161.md?p=2) that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
  - (2) **Existing stations—**
    - (A) **Failure to make readily accessible—**
      - (i) **General rule—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [responsible person](/usc/42/12161.md?p=5) to fail to make existing [stations](/usc/42/12161.md?p=6) in the [intercity rail transportation](/usc/42/12161.md?p=3) system, and existing key [stations](/usc/42/12161.md?p=6) in [commuter rail transportation](/usc/42/12161.md?p=2) systems, readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
      - (ii) **Period for compliance—**
        - (I) **Intercity rail—** All [stations](/usc/42/12161.md?p=6) in the [intercity rail transportation](/usc/42/12161.md?p=3) system shall be made readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as soon as practicable, but in no event later than 20 years after July 26, 1990.
        - (II) **Commuter rail—** Key [stations](/usc/42/12161.md?p=6) in [commuter rail transportation](/usc/42/12161.md?p=2) systems shall be made readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as soon as practicable but in no event later than 3 years after July 26, 1990, except that the time limit may be extended by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation up to 20 years after July 26, 1990, in a case where the raising of the entire passenger platform is the only means available of attaining accessibility or where other extraordinarily expensive structural changes are necessary to attain accessibility.
      - (iii) **Designation of key stations—** Each [commuter authority](/usc/42/12161.md?p=1) shall designate the key [stations](/usc/42/12161.md?p=6) in its [commuter rail transportation](/usc/42/12161.md?p=2) system, in consultation with individuals with [disabilities](/usc/42/12102.md?p=1) and organizations representing such individuals, taking into consideration such factors as high ridership and whether such [station](/usc/42/12161.md?p=6) serves as a transfer or feeder [station](/usc/42/12161.md?p=6). Before the final designation of key [stations](/usc/42/12161.md?p=6) under this clause, a [commuter authority](/usc/42/12161.md?p=1) shall hold a public hearing.
      - (iv) **Plans and milestones—** The [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall require the appropriate [person](/usc/42/1320a–7k.md?p=d-4-C-i) to develop a plan for carrying out this subparagraph that reflects consultation with individuals with [disabilities](/usc/42/12102.md?p=1) affected by such plan and that establishes milestones for achievement of the requirements of this subparagraph.
    - (B) **Requirement when making alterations—**
      - (i) **General rule—** It shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), with respect to alterations of an existing [station](/usc/42/12161.md?p=6) or part thereof in the intercity or [commuter rail transportation](/usc/42/12161.md?p=2) systems that affect or could affect the usability of the [station](/usc/42/12161.md?p=6) or part thereof, for the [responsible person](/usc/42/12161.md?p=5), [owner](/usc/42/13641.md?p=4), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) in control of the [station](/usc/42/12161.md?p=6) to fail to make the alterations in such a manner that, to the maximum extent feasible, the altered portions of the [station](/usc/42/12161.md?p=6) are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, upon completion of such alterations.
      - (ii) **Alterations to a primary function area—** It shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), with respect to alterations that affect or could affect the usability of or access to an area of the [station](/usc/42/12161.md?p=6) containing a primary function, for the [responsible person](/usc/42/12161.md?p=5), [owner](/usc/42/13641.md?p=4), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) in control of the [station](/usc/42/12161.md?p=6) to fail to make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the [Attorney General](/usc/42/14902.md?p=6)).
    - (C) **Required cooperation—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for an [owner](/usc/42/13641.md?p=4), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) in control, of a [station](/usc/42/12161.md?p=6) governed by subparagraph [(A)](#e-2-A) or [(B)](#e-2-B) to fail to provide reasonable cooperation to a [responsible person](/usc/42/12161.md?p=5) with respect to such [station](/usc/42/12161.md?p=6) in that [responsible person](/usc/42/12161.md?p=5)’s efforts to comply with such subparagraph. An [owner](/usc/42/13641.md?p=4), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) in control, of a [station](/usc/42/12161.md?p=6) shall be liable to a [responsible person](/usc/42/12161.md?p=5) for any failure to provide reasonable cooperation as required by this subparagraph. Failure to receive reasonable cooperation required by this subparagraph shall not be a defense to a [claim](/usc/42/1320a–7a.md?p=i-2) of discrimination under this chapter.

# §12163. Conformance of accessibility standards


Accessibility [standards](/usc/42/1320d.md?p=7) included in regulations issued under this subpart shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) under [section 12204(a) of this title](/usc/42/12204.md?p=a).


# §12164. Regulations


Not later than 1 year after July 26, 1990, the [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart.


# §12165. Interim accessibility requirements

- (a) **Stations—** If final regulations have not been issued pursuant to [section 12164 of this title](/usc/42/12164.md), for new [construction](/usc/42/7479.md?p=2-C) or alterations for which a valid and appropriate [State](/usc/42/12103.md?p=2) or local [building](/usc/42/6881.md?p=i-3) permit is obtained prior to the issuance of final regulations under such section, and for which the [construction](/usc/42/7479.md?p=2-C) or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7) in effect at the time the [building](/usc/42/6881.md?p=i-3) permit is issued shall suffice to satisfy the requirement that [stations](/usc/42/12161.md?p=6) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) as required under [section 12162(e) of this title](/usc/42/12162.md?p=e), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) has issued the supplemental minimum guidelines required under [section 12204(a) of this title](/usc/42/12204.md?p=a), compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that [stations](/usc/42/12161.md?p=6) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) prior to issuance of the final regulations.
- (b) **Rail passenger cars—** If final regulations have not been issued pursuant to [section 12164 of this title](/usc/42/12164.md), a [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall be considered to have complied with the requirements of [section 12162(a) through (d)](/usc/42/12162.md?p=a..d) of this title that a [rail passenger car](/usc/42/12161.md?p=4) be readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), if the design for such car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under [section 12204(a) of this title](/usc/42/12204.md?p=a)) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent with this subpart and are in effect at the time such design is substantially completed.

# §12181. Definitions


As used in this subchapter:

- (1) **Commerce—** The term “commerce” means travel, trade, traffic, commerce, transportation, or communication—
  - (A) among the several [States](/usc/42/12103.md?p=2);
  - (B) between any foreign country or any territory or possession and any [State](/usc/42/12103.md?p=2); or
  - (C) between points in the same [State](/usc/42/12103.md?p=2) but through another [State](/usc/42/12103.md?p=2) or foreign country.
- (2) **Commercial facilities—** The term “commercial facilities” means [facilities](/usc/42/11049.md?p=4)—
  - (A) that are intended for nonresidential use; and
  - (B) whose operations will affect [commerce](#1).

  Such term shall not include [railroad](#8) locomotives, [railroad](#8) freight cars, [railroad](#8) cabooses, [railroad](#8) cars described in [section 12162 of this title](/usc/42/12162.md) or covered under this subchapter, [railroad](#8) rights-of-way, or [facilities](/usc/42/11049.md?p=4) that are covered or expressly exempted from coverage under the Fair Housing Act of 1968[^1] ([42 U.S.C. 3601](/usc/42/3601.md) et seq.).

- (3) **Demand responsive system—** The term “demand responsive system” means any system of providing transportation of individuals by a [vehicle](#11), other than a system which is a [fixed route system](#4).
- (4) **Fixed route system—** The term “fixed route system” means a system of providing transportation of individuals (other than by aircraft) on which a [vehicle](#11) is operated along a prescribed route according to a fixed schedule.
- (5) **Over-the-road bus—** The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.
- (6) **Private entity—** The term “private entity” means any entity other than a public entity (as defined in [section 12131(1) of this title](/usc/42/12131.md?p=1)).
- (7) **Public accommodation—** The following [private entities](#6) are considered public accommodations for purposes of this subchapter, if the operations of such entities affect [commerce](#1)—
  - (A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a [building](/usc/42/6881.md?p=i-3) that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;
  - (B) a restaurant, bar, or other establishment serving food or drink;
  - (C) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
  - (D) an auditorium, convention center, lecture hall, or other place of public gathering;
  - (E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
  - (F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, [office](/usc/42/3058f.md?p=1) of an accountant or lawyer, pharmacy, insurance [office](/usc/42/3058f.md?p=1), professional [office](/usc/42/3058f.md?p=1) of a [health care provider](/usc/42/300jj.md?p=3), [hospital](/usc/42/1395dd.md?p=e-5), or other service establishment;
  - (G) a terminal, depot, or other station used for [specified public transportation](#10);
  - (H) a [museum](/usc/42/7142d.md?p=1), library, gallery, or other place of public display or collection;
  - (I) a park, zoo, amusement park, or other place of recreation;
  - (J) a nursery, elementary, secondary, undergraduate, or postgraduate private [school](/usc/42/6372.md?p=1), or other place of education;
  - (K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
  - (L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
- (8) **Rail and railroad—** The terms “rail” and “railroad” have the meaning given the term “railroad” in section 20102(1)[^1] of [title 49](/usc/49.md).
- (9) **Readily achievable—** The term “readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include—
  - (A) the nature and cost of the action needed under this chapter;
  - (B) the overall financial resources of the [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) involved in the action; the number of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) employed at such [facility](/usc/42/11049.md?p=4); the effect on expenses and resources, or the impact otherwise of such action upon the operation of the [facility](/usc/42/11049.md?p=4);
  - (C) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its [employees](/usc/42/1320a–7h.md?p=e-7); the number, type, and location of its [facilities](/usc/42/11049.md?p=4); and
  - (D) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) in question to the covered entity.
- (10) **Specified public transportation—** The term “specified public transportation” means transportation by bus, [rail](#8), or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis.
- (11) **Vehicle—** The term “vehicle” does not include a [rail](#8) passenger car, [railroad](#8) locomotive, [railroad](#8) freight car, [railroad](#8) caboose, or a [railroad](#8) car described in [section 12162 of this title](/usc/42/12162.md) or covered under this subchapter.

# §12182. Prohibition of discrimination by public accommodations

- (a) **General rule—** No individual shall be discriminated against on the basis of [disability](/usc/42/12102.md?p=1) in the full and equal enjoyment of the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations of any place of public accommodation by any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who owns, leases (or leases to), or operates a place of public accommodation.
- (b) **Construction—**
  - (1) **General prohibition—**
    - (A) **Activities—**
      - (i) **Denial of participation—** It shall be discriminatory to subject an [individual or class of individuals](#b-1-A-iv) on the basis of a [disability](/usc/42/12102.md?p=1) or [disabilities](/usc/42/12102.md?p=1) of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations of an entity.
      - (ii) **Participation in unequal benefit—** It shall be discriminatory to afford an [individual or class of individuals](#b-1-A-iv), on the basis of a [disability](/usc/42/12102.md?p=1) or [disabilities](/usc/42/12102.md?p=1) of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, [facility](/usc/42/11049.md?p=4), privilege, advantage, or accommodation that is not equal to that afforded to other individuals.
      - (iii) **Separate benefit—** It shall be discriminatory to provide an [individual or class of individuals](#b-1-A-iv), on the basis of a [disability](/usc/42/12102.md?p=1) or [disabilities](/usc/42/12102.md?p=1) of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, [facility](/usc/42/11049.md?p=4), privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the [individual or class of individuals](#b-1-A-iv) with a good, service, [facility](/usc/42/11049.md?p=4), privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.
      - (iv) **Individual or class of individuals—** For purposes of [clauses (i) through (iii)](#b-1-i..b-1-iii) of this subparagraph, the term “individual or class of individuals” refers to the clients or [customers](/usc/42/7275.md?p=5) of the covered public accommodation that enters into the contractual, licensing or other arrangement.
    - (B) **Integrated settings—** Goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, and accommodations shall be afforded to an [individual with a disability](/usc/42/12210.md?p=a) in the most integrated setting appropriate to the needs of the individual.
    - (C) **Opportunity to participate—** Notwithstanding the existence of separate or different [programs](/usc/42/274l–1.md?p=4) or activities provided in accordance with this section, an [individual with a disability](/usc/42/12210.md?p=a) shall not be denied the opportunity to participate in such [programs](/usc/42/274l–1.md?p=4) or activities that are not separate or different.
    - (D) **Administrative methods—** An individual or entity shall not, directly or through contractual or other arrangements, utilize [standards](/usc/42/1320d.md?p=7) or criteria or methods of administration—
      - (i) that have the effect of discriminating on the basis of [disability](/usc/42/12102.md?p=1); 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](/usc/42/11049.md?p=4), privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known [disability](/usc/42/12102.md?p=1) of an individual with whom the individual or entity is known to have a relationship or association.
  - (2) **Specific prohibitions—**
    - (A) **Discrimination—** For purposes of [subsection (a)](#a), discrimination includes—
      - (i) the imposition or application of eligibility criteria that screen out or tend to screen out an [individual with a disability](/usc/42/12210.md?p=a) or any class of individuals with [disabilities](/usc/42/12102.md?p=1) from fully and equally enjoying any goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations being offered;
      - (ii) a failure to make reasonable [modifications](/usc/42/7501.md?p=4) in policies, [practices](/usc/42/17061.md?p=19), or procedures, when such [modifications](/usc/42/7501.md?p=4) are necessary to afford such goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations to individuals with [disabilities](/usc/42/12102.md?p=1), unless the entity can demonstrate that making such [modifications](/usc/42/7501.md?p=4) would fundamentally alter the nature of such goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations;
      - (iii) a failure to take such steps as may be necessary to ensure that no [individual with a disability](/usc/42/12210.md?p=a) is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of [auxiliary aids and services](/usc/42/12103.md?p=1), unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, [facility](/usc/42/11049.md?p=4), privilege, advantage, or accommodation being offered or would result in an undue burden;
      - (iv) a failure to [remove](/usc/42/9601.md?p=23) architectural barriers, and communication barriers that are structural in nature, in existing [facilities](/usc/42/11049.md?p=4), and transportation barriers in existing [vehicles](/usc/42/12181.md?p=11) and [rail](/usc/42/12181.md?p=8) passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of [vehicles](/usc/42/12181.md?p=11) or [rail](/usc/42/12181.md?p=8) passenger cars by the installation of a hydraulic or other lift), where such [removal](/usc/42/9601.md?p=23) is [readily achievable](/usc/42/12181.md?p=9); and
      - (v) where an entity can demonstrate that the [removal](/usc/42/9601.md?p=23) of a barrier under [clause (iv)](#b-2-A-iv) is not [readily achievable](/usc/42/12181.md?p=9), a failure to make such goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations available through alternative methods if such methods are [readily achievable](/usc/42/12181.md?p=9).
    - (B) **Fixed route system—**
      - (i) **Accessibility—** It shall be considered discrimination for a [private entity](/usc/42/12181.md?p=6) which operates a [fixed route system](/usc/42/12181.md?p=4) and which is not subject to [section 12184 of this title](/usc/42/12184.md) to purchase or lease a [vehicle](/usc/42/12181.md?p=11) with a seating capacity in excess of 16 passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
      - (ii) **Equivalent service—** If a [private entity](/usc/42/12181.md?p=6) which operates a [fixed route system](/usc/42/12181.md?p=4) and which is not subject to [section 12184 of this title](/usc/42/12184.md) purchases or leases a [vehicle](/usc/42/12181.md?p=11) with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with [disabilities](/usc/42/12102.md?p=1), it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, equivalent to the level of service provided to individuals without [disabilities](/usc/42/12102.md?p=1).
    - (C) **Demand responsive system—** For purposes of [subsection (a)](#a), discrimination includes—
      - (i) a failure of a [private entity](/usc/42/12181.md?p=6) which operates a [demand responsive system](/usc/42/12181.md?p=3) and which is not subject to [section 12184 of this title](/usc/42/12184.md) to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, equivalent to the level of service provided to individuals without [disabilities](/usc/42/12102.md?p=1); and
      - (ii) the purchase or lease by such entity for use on such system of a [vehicle](/usc/42/12181.md?p=11) with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) (including individuals who use wheelchairs) unless such entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with [disabilities](/usc/42/12102.md?p=1) equivalent to that provided to individuals without [disabilities](/usc/42/12102.md?p=1).
    - (D) **Over-the-road buses—**
      - (i) **Limitation on applicability—** Subparagraphs [(B)](#b-2-B) and [(C)](#b-2-C) do not apply to [over-the-road buses](/usc/42/12181.md?p=5).
      - (ii) **Accessibility requirements—** For purposes of [subsection (a)](#a), discrimination includes (I) the purchase or lease of an [over-the-road bus](/usc/42/12181.md?p=5) which does not comply with the regulations issued under [section 12186(a)(2) of this title](/usc/42/12186.md?p=a-2) by a [private entity](/usc/42/12181.md?p=6) which provides transportation of individuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations.
  - (3) **Specific construction—** Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a [modification](/usc/42/7501.md?p=4) of policies, [practices](/usc/42/17061.md?p=19), or procedures or by the provision of auxiliary aids or services.

# §12183. New construction and alterations in public accommodations and commercial facilities

- (a) **Application of term—** Except as provided in [subsection (b)](#b), as applied to public accommodations and [commercial facilities](/usc/42/12181.md?p=2), discrimination for purposes of [section 12182(a) of this title](/usc/42/12182.md?p=a) includes—
  - (1) a failure to design and construct [facilities](/usc/42/11049.md?p=4) for first occupancy later than 30 months after July 26, 1990, that are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with [standards](/usc/42/1320d.md?p=7) set forth or incorporated by reference in regulations issued under this subchapter; and
  - (2) with respect to a [facility](/usc/42/11049.md?p=4) or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the [facility](/usc/42/11049.md?p=4) or part thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the [facility](/usc/42/11049.md?p=4) are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs. Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the [facility](/usc/42/11049.md?p=4) containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the [Attorney General](/usc/42/14902.md?p=6)).
- (b) **Elevator—** [Subsection (a)](#a) shall not be construed to require the installation of an elevator for [facilities](/usc/42/11049.md?p=4) that are less than three stories or have less than 3,000 square feet per story unless the [building](/usc/42/6881.md?p=i-3) is a shopping center, a shopping mall, or the professional [office](/usc/42/3058f.md?p=1) of a [health care provider](/usc/42/300jj.md?p=3) or unless the [Attorney General](/usc/42/14902.md?p=6) determines that a particular [category](/usc/42/1395w–4.md?p=j-1) of such [facilities](/usc/42/11049.md?p=4) requires the installation of elevators based on the usage of such [facilities](/usc/42/11049.md?p=4).

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

- (a) **General rule—** No individual shall be discriminated against on the basis of [disability](/usc/42/12102.md?p=1) in the full and equal enjoyment of [specified public transportation](/usc/42/12181.md?p=10) services provided by a [private entity](/usc/42/12181.md?p=6) that is primarily engaged in the business of transporting people and whose operations affect [commerce](/usc/42/12181.md?p=1).
- (b) **Construction—** For purposes of [subsection (a)](#a), discrimination includes—
  - (1) the imposition or application by a[^1] entity described in [subsection (a)](#a) of eligibility criteria that screen out or tend to screen out an [individual with a disability](/usc/42/12210.md?p=a) or any class of individuals with [disabilities](/usc/42/12102.md?p=1) from fully enjoying the [specified public transportation](/usc/42/12181.md?p=10) services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered;
  - (2) the failure of such entity to—
    - (A) make reasonable [modifications](/usc/42/7501.md?p=4) consistent with those required under [section 12182(b)(2)(A)(ii) of this title](/usc/42/12182.md?p=b-2-A-ii);
    - (B) provide [auxiliary aids and services](/usc/42/12103.md?p=1) consistent with the requirements of [section 12182(b)(2)(A)(iii) of this title](/usc/42/12182.md?p=b-2-A-iii); and
    - (C) [remove](/usc/42/9601.md?p=23) barriers consistent with the requirements of [section 12182(b)(2)(A) of this title](/usc/42/12182.md?p=b-2-A) and with the requirements of [section 12183(a)(2) of this title](/usc/42/12183.md?p=a-2);
  - (3) the purchase or lease by such entity of a new [vehicle](/usc/42/12181.md?p=11) (other than an automobile, a van with a seating capacity of less than 8 passengers, including the driver, or an [over-the-road bus](/usc/42/12181.md?p=5)) which is to be used to provide [specified public transportation](/usc/42/12181.md?p=10) and for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs; except that the new [vehicle](/usc/42/12181.md?p=11) need not be readily accessible to and usable by such individuals if the new [vehicle](/usc/42/12181.md?p=11) is to be used solely in a [demand responsive system](/usc/42/12181.md?p=3) and if the entity can demonstrate that such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public;
  - (4)
    - (A) the purchase or lease by such entity of an [over-the-road bus](/usc/42/12181.md?p=5) which does not comply with the regulations issued under [section 12186(a)(2) of this title](/usc/42/12186.md?p=a-2); and
    - (B) any other failure of such entity to comply with such regulations; and[^2]
  - (5) the purchase or lease by such entity of a new van with a seating capacity of less than 8 passengers, including the driver, which is to be used to provide [specified public transportation](/usc/42/12181.md?p=10) and for which a solicitation is made after the 30th day following the effective date of this section that is not readily accessible to or usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs; except that the new van need not be readily accessible to and usable by such individuals if the entity can demonstrate that the system for which the van is being purchased or leased, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public;
  - (6) the purchase or lease by such entity of a new [rail](/usc/42/12181.md?p=8) passenger car that is to be used to provide [specified public transportation](/usc/42/12181.md?p=10), and for which a solicitation is made later than 30 days after the effective date of this paragraph, that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs; and
  - (7) the remanufacture by such entity of a [rail](/usc/42/12181.md?p=8) passenger car that is to be used to provide [specified public transportation](/usc/42/12181.md?p=10) so as to extend its usable life for 10 years or more, or the purchase or lease by such entity of such a [rail](/usc/42/12181.md?p=8) car, unless the [rail](/usc/42/12181.md?p=8) car, to the maximum extent feasible, is made readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
- (c) **Historical or antiquated cars—**
  - (1) **Exception—** To the extent that compliance with subsection [(b)(2)(C)](#b-2-C) or [(b)(7)](#b-7) would significantly alter the historic or antiquated character of a [historical or antiquated rail passenger car](#c-2), or a [rail](/usc/42/12181.md?p=8) station served exclusively by such cars, or would result in [violation](/usc/42/2000e–16a.md?p=c) of any rule, regulation, [standard](/usc/42/1320d.md?p=7), or order issued by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation under the Federal [Railroad](/usc/42/12181.md?p=8) Safety Act of 1970, such compliance shall not be required.
  - (2) **Definition—** As used in this subsection, the term “historical or antiquated rail passenger car” means a [rail](/usc/42/12181.md?p=8) passenger car—
    - (A) which is not less than 30 years old at the time of its use for transporting individuals;
    - (B) the [manufacturer](/usc/42/300aa–33.md?p=3) of which is no longer in the business of manufacturing [rail](/usc/42/12181.md?p=8) passenger cars; and
    - (C) which—
      - (i) has a consequential association with events or [persons](/usc/42/1320a–7k.md?p=d-4-C-i) significant to the past; or
      - (ii) embodies, or is being restored to embody, the distinctive characteristics of a type of [rail](/usc/42/12181.md?p=8) passenger car used in the past, or to represent a time period which has passed.

# §12185. Study

- (a) **Purposes—** The [Office](/usc/42/3058f.md?p=1) of Technology Assessment shall undertake a study to determine—
  - (1) the access needs of individuals with [disabilities](/usc/42/12102.md?p=1) to [over-the-road buses](/usc/42/12181.md?p=5) and [over-the-road bus](/usc/42/12181.md?p=5) service; and
  - (2) the most [cost-effective](/usc/42/1396e.md?p=e-2) methods for providing access to [over-the-road buses](/usc/42/12181.md?p=5) and [over-the-road bus](/usc/42/12181.md?p=5) service to individuals with [disabilities](/usc/42/12102.md?p=1), particularly individuals who use wheelchairs, through all forms of boarding options.
- (b) **Contents—** The study shall include, at a minimum, an analysis of the following:
  - (1) The anticipated demand by individuals with [disabilities](/usc/42/12102.md?p=1) for accessible [over-the-road buses](/usc/42/12181.md?p=5) and [over-the-road bus](/usc/42/12181.md?p=5) service.
  - (2) The degree to which such buses and service, including any service required under sections [12184(b)(4)](/usc/42/12184.md?p=b-4) and [12186(a)(2)](/usc/42/12186.md?p=a-2) of this title, are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1).
  - (3) The effectiveness of various methods of providing accessibility to such buses and service to individuals with [disabilities](/usc/42/12102.md?p=1).
  - (4) The cost of providing accessible [over-the-road buses](/usc/42/12181.md?p=5) and bus service to individuals with [disabilities](/usc/42/12102.md?p=1), including consideration of recent technological and cost saving developments in equipment and devices.
  - (5) Possible design changes in [over-the-road buses](/usc/42/12181.md?p=5) that could enhance accessibility, including the installation of accessible restrooms which do not result in a loss of seating capacity.
  - (6) The impact of accessibility requirements on the continuation of [over-the-road bus](/usc/42/12181.md?p=5) service, with particular consideration of the impact of such requirements on such service to rural communities.
- (c) **Advisory committee—** In conducting the study required by [subsection (a)](#a), the [Office](/usc/42/3058f.md?p=1) of Technology Assessment shall establish an [advisory committee](/usc/42/7703.md?p=9), which shall consist of—
  - (1) members selected from among private operators and [manufacturers](/usc/42/300aa–33.md?p=3) of [over-the-road buses](/usc/42/12181.md?p=5);
  - (2) members selected from among individuals with [disabilities](/usc/42/12102.md?p=1), particularly individuals who use wheelchairs, who are potential riders of such buses; and
  - (3) members selected for their technical expertise on issues included in the study, including [manufacturers](/usc/42/300aa–33.md?p=3) of boarding assistance equipment and devices.

  The number of members selected under each of paragraphs [(1)](#c-1) and [(2)](#c-2) shall be equal, and the total number of members selected under paragraphs [(1)](#c-1) and [(2)](#c-2) shall exceed the number of members selected under [paragraph (3)](#c-3).

- (d) **Deadline—** The study required by [subsection (a)](#a), along with recommendations by the [Office](/usc/42/3058f.md?p=1) of Technology Assessment, including any policy options for legislative action, shall be submitted to the President and Congress within 36 months after July 26, 1990. If the President determines that compliance with the regulations issued pursuant to [section 12186(a)(2)(B) of this title](/usc/42/12186.md?p=a-2-B) on or before the applicable deadlines specified in [section 12186(a)(2)(B) of this title](/usc/42/12186.md?p=a-2-B) will result in a significant reduction in intercity [over-the-road bus](/usc/42/12181.md?p=5) service, the President shall extend each such deadline by 1 year.
- (e) **Review—** In developing the study required by [subsection (a)](#a), the [Office](/usc/42/3058f.md?p=1) of Technology Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) established under [section 792 of title 29](/usc/29/792.md). The [Board](/usc/42/10261.md?p=2) shall have an opportunity to comment on such draft study, and any such comments by the [Board](/usc/42/10261.md?p=2) made in writing within 120 days after the [Board](/usc/42/10261.md?p=2)’s receipt of the draft study shall be incorporated as part of the final study required to be submitted under [subsection (d)](#d).

# §12186. Regulations

- (a) **Transportation provisions—**
  - (1) **General rule—** Not later than 1 year after July 26, 1990, the [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall issue regulations in an accessible format to carry out sections[^1] 12182(b)(2)(B) and (C) of this title and to carry out [section 12184 of this title](/usc/42/12184.md) (other than subsection (b)(4)).
  - (2) **Special rules for providing access to over-the-road buses—**
    - (A) **Interim requirements—**
      - (i) **Issuance—** Not later than 1 year after July 26, 1990, the [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall issue regulations in an accessible format to carry out sections [12184(b)(4)](/usc/42/12184.md?p=b-4) and [12182(b)(2)(D)(ii)](/usc/42/12182.md?p=b-2-D-ii) of this title that require each [private entity](/usc/42/12181.md?p=6) which uses an [over-the-road bus](/usc/42/12181.md?p=5) to provide transportation of individuals to provide accessibility to such bus; except that such regulations shall not require any structural changes in [over-the-road buses](/usc/42/12181.md?p=5) in order to provide access to individuals who use wheelchairs during the effective period of such regulations and shall not require the purchase of boarding assistance devices to provide access to such individuals.
      - (ii) **Effective period—** The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under [subparagraph (B)](#a-2-B).
    - (B) **Final requirement—**
      - (i) **Review of study and interim requirements—** The [Secretary](/usc/42/242q–4.md?p=2) shall review the study submitted under [section 12185 of this title](/usc/42/12185.md) and the regulations issued pursuant to [subparagraph (A)](#a-2-A).
      - (ii) **Issuance—** Not later than 1 year after the date of the submission of the study under [section 12185 of this title](/usc/42/12185.md), the [Secretary](/usc/42/242q–4.md?p=2) shall issue in an accessible format new regulations to carry out sections [12184(b)(4)](/usc/42/12184.md?p=b-4) and [12182(b)(2)(D)(ii)](/usc/42/12182.md?p=b-2-D-ii) of this title that require, taking into account the purposes of the study under [section 12185 of this title](/usc/42/12185.md) and any recommendations resulting from such study, each [private entity](/usc/42/12181.md?p=6) which uses an [over-the-road bus](/usc/42/12181.md?p=5) to provide transportation to individuals to provide accessibility to such bus to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
      - (iii) **Effective period—** Subject to [section 12185(d) of this title](/usc/42/12185.md?p=d), the regulations issued pursuant to this subparagraph shall take effect—
        - (I) with respect to small providers of transportation (as defined by the [Secretary](/usc/42/242q–4.md?p=2)), 3 years after the date of issuance of final regulations under [clause (ii)](#a-2-B-ii); and
        - (II) with respect to other providers of transportation, 2 years after the date of issuance of such final regulations.
    - (C) **Limitation on requiring installation of accessible restrooms—** The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in [over-the-road buses](/usc/42/12181.md?p=5) if such installation would result in a loss of seating capacity.
  - (3) **Standards—** The regulations issued pursuant to this subsection shall include [standards](/usc/42/1320d.md?p=7) applicable to [facilities](/usc/42/11049.md?p=4) and [vehicles](/usc/42/12181.md?p=11) covered by sections [12182(b)(2)](/usc/42/12182.md?p=b-2) and [12184](/usc/42/12184.md) of this title.
- (b) **Other provisions—** Not later than 1 year after July 26, 1990, the [Attorney General](/usc/42/14902.md?p=6) shall issue regulations in an accessible format to carry out the provisions of this subchapter not referred to in [subsection (a)](#a) that include [standards](/usc/42/1320d.md?p=7) applicable to [facilities](/usc/42/11049.md?p=4) and [vehicles](/usc/42/12181.md?p=11) covered under [section 12182 of this title](/usc/42/12182.md).
- (c) **Consistency with ATBCB guidelines—** [Standards](/usc/42/1320d.md?p=7) included in regulations issued under subsections [(a)](#a) and [(b)](#b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) in accordance with [section 12204 of this title](/usc/42/12204.md).
- (d) **Interim accessibility standards—**
  - (1) **Facilities—** If final regulations have not been issued pursuant to this section, for new [construction](/usc/42/7479.md?p=2-C) or alterations for which a valid and appropriate [State](/usc/42/12103.md?p=2) or local [building](/usc/42/6881.md?p=i-3) permit is obtained prior to the issuance of final regulations under this section, and for which the [construction](/usc/42/7479.md?p=2-C) or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7) in effect at the time the [building](/usc/42/6881.md?p=i-3) permit is issued shall suffice to satisfy the requirement that [facilities](/usc/42/11049.md?p=4) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) as required under [section 12183 of this title](/usc/42/12183.md), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) has issued the supplemental minimum guidelines required under [section 12204(a) of this title](/usc/42/12204.md?p=a), compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that [facilities](/usc/42/11049.md?p=4) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) prior to issuance of the final regulations.
  - (2) **Vehicles and rail passenger cars—** If final regulations have not been issued pursuant to this section, a [private entity](/usc/42/12181.md?p=6) shall be considered to have complied with the requirements of this subchapter, if any, that a [vehicle](/usc/42/12181.md?p=11) or [rail](/usc/42/12181.md?p=8) passenger car be readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), if the design for such [vehicle](/usc/42/12181.md?p=11) or car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under [section 12204(a) of this title](/usc/42/12204.md?p=a)) governing accessibility of such [vehicles](/usc/42/12181.md?p=11) or cars, to the extent that such laws and regulations are not inconsistent with this subchapter and are in effect at the time such design is substantially completed.

# §12187. Exemptions for private clubs and religious organizations


The provisions of this subchapter shall not apply to private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964 ([42 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s2000))–a(e)) [[42 U.S.C. 2000a](/usc/42/2000a.md) et seq.] or to religious organizations or entities controlled by religious organizations, including places of worship.


# §12188. Enforcement

- (a) **In general—**
  - (1) **Availability of remedies and procedures—** The remedies and procedures set forth in [section 2000a–3(a) of this title](/usc/42/2000a–3.md?p=a) are the remedies and procedures this subchapter provides to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who is being subjected to discrimination on the basis of [disability](/usc/42/12102.md?p=1) in [violation](/usc/42/2000e–16a.md?p=c) of this subchapter or who has reasonable grounds for believing that such [person](/usc/42/1320a–7k.md?p=d-4-C-i) is about to be subjected to discrimination in [violation](/usc/42/2000e–16a.md?p=c) of [section 12183 of this title](/usc/42/12183.md). Nothing in this section shall require a [person](/usc/42/1320a–7k.md?p=d-4-C-i) with a [disability](/usc/42/12102.md?p=1) to engage in a futile gesture if such [person](/usc/42/1320a–7k.md?p=d-4-C-i) has actual notice that a [person](/usc/42/1320a–7k.md?p=d-4-C-i) or organization covered by this subchapter does not intend to comply with its provisions.
  - (2) **Injunctive relief—** In the case of [violations](/usc/42/2000e–16a.md?p=c) of [sections 12182(b)(2)(A)(iv)](/usc/42/12182.md?p=b-2-A-iv) and section[^1] 12183(a) of this title, injunctive relief shall include an order to alter [facilities](/usc/42/11049.md?p=4) to make such [facilities](/usc/42/11049.md?p=4) readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) to the extent required by this subchapter. Where appropriate, injunctive relief shall also include requiring the provision of an auxiliary aid or service, [modification](/usc/42/7501.md?p=4) of a policy, or provision of alternative methods, to the extent required by this subchapter.
- (b) **Enforcement by Attorney General—**
  - (1) **Denial of rights—**
    - (A) **Duty to investigate—**
      - (i) **In general—** The [Attorney General](/usc/42/14902.md?p=6) shall investigate alleged [violations](/usc/42/2000e–16a.md?p=c) of this subchapter, and shall undertake periodic reviews of compliance of covered entities under this subchapter.
      - (ii) **Attorney General certification—** On the application of a [State](/usc/42/12103.md?p=2) or [local government](/usc/42/8401a.md), the [Attorney General](/usc/42/14902.md?p=6) may, in consultation with the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2), and after prior notice and a public hearing at which [persons](/usc/42/1320a–7k.md?p=d-4-C-i), including individuals with [disabilities](/usc/42/12102.md?p=1), are provided an opportunity to testify against such certification, certify that a [State](/usc/42/12103.md?p=2) law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this chapter for the accessibility and usability of covered [facilities](/usc/42/11049.md?p=4) under this subchapter. At any enforcement proceeding under this section, such certification by the [Attorney General](/usc/42/14902.md?p=6) shall be rebuttable evidence that such [State](/usc/42/12103.md?p=2) law or local ordinance does meet or exceed the minimum requirements of this chapter.
    - (B) **Potential violation—** If the [Attorney General](/usc/42/14902.md?p=6) has reasonable [cause](/usc/42/9908.md?p=c-2) to believe that—
      - (i) any [person](/usc/42/1320a–7k.md?p=d-4-C-i) or group of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) is engaged in a pattern or practice of discrimination under this subchapter; or
      - (ii) any [person](/usc/42/1320a–7k.md?p=d-4-C-i) or group of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) has been discriminated against under this subchapter and such discrimination raises an issue of general public importance,

      the [Attorney General](/usc/42/14902.md?p=6) may commence a civil action in any appropriate [United States](/usc/42/403.md?p=k) district court.

  - (2) **Authority of court—** In a civil action under [paragraph (1)(B)](#b-1-B), the court—
    - (A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subchapter—
      - (i) granting temporary, preliminary, or permanent relief;
      - (ii) providing an auxiliary aid or service, [modification](/usc/42/7501.md?p=4) of policy, practice, or procedure, or alternative method; and
      - (iii) making [facilities](/usc/42/11049.md?p=4) readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1);
    - (B) may award [such other relief](#b-4) as the court considers to be appropriate, including [monetary damages](#b-4) to [persons](/usc/42/1320a–7k.md?p=d-4-C-i) aggrieved when requested by the [Attorney General](/usc/42/14902.md?p=6); and
    - (C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount—
      - (i) not exceeding $50,000 for a first [violation](/usc/42/2000e–16a.md?p=c); and
      - (ii) not exceeding $100,000 for any subsequent [violation](/usc/42/2000e–16a.md?p=c).
  - (3) **Single violation—** For purposes of [paragraph (2)(C)](#b-2-C), in determining whether a first or subsequent [violation](/usc/42/2000e–16a.md?p=c) has occurred, a determination in a [single](/usc/42/2304.md?p=m) action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a [single](/usc/42/2304.md?p=m) [violation](/usc/42/2000e–16a.md?p=c).
  - (4) **Punitive damages—** For purposes of [subsection (b)(2)(B)](#b-2-B), the term “monetary damages” and “such other relief” does not include punitive [damages](/usc/42/9601.md?p=6).
  - (5) **Judicial consideration—** In a civil action under [paragraph (1)(B)](#b-1-B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular [individual with a disability](/usc/42/12210.md?p=a).

# §12189. Examinations and courses


Any [person](/usc/42/1320a–7k.md?p=d-4-C-i) that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) or offer alternative accessible arrangements for such individuals.


# §12201. Construction

- (a) **In general—** Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser [standard](/usc/42/1320d.md?p=7) than the [standards](/usc/42/1320d.md?p=7) applied under title V of the Rehabilitation Act of 1973 ([29 U.S.C. 790](/usc/29/790.md) et seq.) or the regulations issued by Federal agencies pursuant to such title.
- (b) **Relationship to other laws—** Nothing in this chapter shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any [State](/usc/42/12103.md?p=2) or political subdivision of any [State](/usc/42/12103.md?p=2) or jurisdiction that provides greater or equal protection for the rights of individuals with [disabilities](/usc/42/12102.md?p=1) than are afforded by this chapter. Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter I, in transportation covered by subchapter II or III, or in places of public accommodation covered by subchapter III.
- (c) **Insurance—** Subchapters I through III of this chapter and title IV of this Act shall not be construed to prohibit or restrict—
  - (1) an insurer, [hospital](/usc/42/1395dd.md?p=e-5) or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with [State](/usc/42/12103.md?p=2) law; or
  - (2) a [person](/usc/42/1320a–7k.md?p=d-4-C-i) or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with [State](/usc/42/12103.md?p=2) law; or
  - (3) a [person](/usc/42/1320a–7k.md?p=d-4-C-i) or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to [State](/usc/42/12103.md?p=2) laws that regulate insurance.

  Paragraphs [(1)](#c-1), [(2)](#c-2), and [(3)](#c-3) shall not be used as a subterfuge to evade the purposes of subchapter[^1] I and III.

- (d) **Accommodations and services—** Nothing in this chapter shall be construed to require an [individual with a disability](/usc/42/12210.md?p=a) to accept an accommodation, aid, service, opportunity, or benefit which such individual chooses not to accept.
- (e) **Benefits under State worker’s compensation laws—** Nothing in this chapter alters the [standards](/usc/42/1320d.md?p=7) for determining eligibility for benefits under [State](/usc/42/12103.md?p=2) worker’s compensation laws or under [State](/usc/42/12103.md?p=2) and Federal [disability](/usc/42/12102.md?p=1) benefit [programs](/usc/42/274l–1.md?p=4).
- (f) **Fundamental alteration—** Nothing in this chapter alters the provision of [section 12182(b)(2)(A)(ii) of this title](/usc/42/12182.md?p=b-2-A-ii), specifying that reasonable [modifications](/usc/42/7501.md?p=4) in policies, [practices](/usc/42/17061.md?p=19), or procedures shall be required, unless an entity can demonstrate that making such [modifications](/usc/42/7501.md?p=4) in policies, [practices](/usc/42/17061.md?p=19), or procedures, including academic requirements in postsecondary education, would fundamentally alter the nature of the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations involved.
- (g) **Claims of no disability—** Nothing in this chapter shall provide the basis for a [claim](/usc/42/1320a–7a.md?p=i-2) by an individual without a [disability](/usc/42/12102.md?p=1) that the individual was subject to discrimination because of the individual’s lack of [disability](/usc/42/12102.md?p=1).
- (h) **Reasonable accommodations and modifications—** A covered entity under subchapter I, a public entity under subchapter II, and any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who owns, leases (or leases to), or operates a place of public accommodation under subchapter III, need not provide a reasonable accommodation or a reasonable [modification](/usc/42/7501.md?p=4) to policies, [practices](/usc/42/17061.md?p=19), or procedures to an individual who meets the definition of [disability](/usc/42/12102.md?p=1) in [section 12102(1) of this title](/usc/42/12102.md?p=1) solely under [subparagraph (C)](/usc/42/12102.md?p=1-C) of such section.

# §12202. State immunity


A [State](/usc/42/12103.md?p=2) shall not be immune under the eleventh amendment to the Constitution of the [United States](/usc/42/403.md?p=k) from an action in[^1] Federal or [State](/usc/42/12103.md?p=2) court of competent jurisdiction for a [violation](/usc/42/2000e–16a.md?p=c) of this chapter. In any action against a [State](/usc/42/12103.md?p=2) for a [violation](/usc/42/2000e–16a.md?p=c) of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a [violation](/usc/42/2000e–16a.md?p=c) to the same extent as such remedies are available for such a [violation](/usc/42/2000e–16a.md?p=c) in an action against any public or [private entity](/usc/42/12181.md?p=6) other than a [State](/usc/42/12103.md?p=2).


# §12203. Prohibition against retaliation and coercion

- (a) **Retaliation—** No [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.
- (b) **Interference, coercion, or intimidation—** It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.
- (c) **Remedies and procedures—** The remedies and procedures available under sections [12117](/usc/42/12117.md), [12133](/usc/42/12133.md), and [12188](/usc/42/12188.md) of this title shall be available to aggrieved [persons](/usc/42/1320a–7k.md?p=d-4-C-i) for [violations](/usc/42/2000e–16a.md?p=c) of subsections [(a)](#a) and [(b)](#b), with respect to subchapter I, subchapter II and subchapter III, respectively.

# §12204. Regulations by Architectural and Transportation Barriers Compliance Board

- (a) **Issuance of guidelines—** Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter.
- (b) **Contents of guidelines—** The supplemental guidelines issued under [subsection (a)](#a) shall establish additional requirements, consistent with this chapter, to ensure that [buildings](/usc/42/6881.md?p=i-3), [facilities](/usc/42/11049.md?p=4), rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with [disabilities](/usc/42/12102.md?p=1).
- (c) **Qualified historic properties—**
  - (1) **In general—** The supplemental guidelines issued under [subsection (a)](#a) shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic [buildings](/usc/42/6881.md?p=i-3) and [facilities](/usc/42/11049.md?p=4) as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7).
  - (2) **Sites eligible for listing in National Register—** With respect to alterations of [buildings](/usc/42/6881.md?p=i-3) or [facilities](/usc/42/11049.md?p=4) that are eligible for listing in the National Register of Historic Places under division A of subtitle III of [title 54](/usc/54.md), the guidelines described in [paragraph (1)](#c-1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7).
  - (3) **Other sites—** With respect to alterations of [buildings](/usc/42/6881.md?p=i-3) or [facilities](/usc/42/11049.md?p=4) designated as historic under [State](/usc/42/12103.md?p=2) or local law, the guidelines described in [paragraph (1)](#c-1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7), and shall require, at a minimum, compliance with the requirements established in 4.1.7(2) of such [standards](/usc/42/1320d.md?p=7).

# §12205. Attorney’s fees


In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the [United States](/usc/42/403.md?p=k), a reasonable attorney’s fee, including litigation expenses, and costs, and the [United States](/usc/42/403.md?p=k) shall be liable for the foregoing the same as a private individual.


# §12205a. Rule of construction regarding regulatory authority


The authority to issue regulations granted to the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1), the [Attorney General](/usc/42/14902.md?p=6), and the [Secretary](/usc/42/242q–4.md?p=2) of Transportation under this chapter includes the authority to issue regulations implementing the definitions of [disability](/usc/42/12102.md?p=1) in [section 12102 of this title](/usc/42/12102.md) (including rules of [construction](/usc/42/7479.md?p=2-C)) and the definitions in [section 12103 of this title](/usc/42/12103.md), consistent with the ADA Amendments Act of 2008.


# §12206. Technical assistance

- (a) **Plan for assistance—**
  - (1) **In general—** Not later than 180 days after July 26, 1990, the [Attorney General](/usc/42/14902.md?p=6), in consultation with the Chair of the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1), the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, the Chair of the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2), and the Chairman of the Federal Communications [Commission](/usc/42/2000ff.md?p=1), shall develop a plan to assist entities covered under this chapter, and other Federal agencies, in understanding the responsibility of such entities and agencies under this chapter.
  - (2) **Publication of plan—** The [Attorney General](/usc/42/14902.md?p=6) shall publish the plan referred to in [paragraph (1)](#a-1) for public comment in accordance with subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5 (commonly known as the Administrative Procedure Act).
- (b) **Agency and public assistance—** The [Attorney General](/usc/42/14902.md?p=6) may obtain the assistance of other Federal agencies in carrying out [subsection (a)](#a), including the National [Council](/usc/42/300f.md?p=9) on [Disability](/usc/42/12102.md?p=1), the President’s Committee on Employment of People with [Disabilities](/usc/42/12102.md?p=1), the Small Business Administration, and the Department of [Commerce](/usc/42/6311.md?p=7).
- (c) **Implementation—**
  - (1) **Rendering assistance—** Each Federal agency that has responsibility under [paragraph (2)](#c-2) for implementing this chapter may render technical assistance to individuals and institutions that have rights or duties under the respective subchapter or subchapters of this chapter for which such agency has responsibility.
  - (2) **Implementation of subchapters—**
    - (A) **Subchapter I—** The Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) and the [Attorney General](/usc/42/14902.md?p=6) shall implement the plan for assistance developed under [subsection (a)](#a), for subchapter I.
    - (B) **Subchapter II—**
      - (i) **Part A—** The [Attorney General](/usc/42/14902.md?p=6) shall implement such plan for assistance for part A of subchapter II.
      - (ii) **Part B—** The [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall implement such plan for assistance for part B of subchapter II.
    - (C) **Subchapter III—** The [Attorney General](/usc/42/14902.md?p=6), in coordination with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation and the Chair of the Architectural Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2), shall implement such plan for assistance for subchapter III, except for [section 12184 of this title](/usc/42/12184.md), the plan for assistance for which shall be implemented by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation.
    - (D) **Title IV—** The Chairman of the Federal Communications [Commission](/usc/42/2000ff.md?p=1), in coordination with the [Attorney General](/usc/42/14902.md?p=6), shall implement such plan for assistance for title IV.
  - (3) **Technical assistance manuals—** Each Federal agency that has responsibility under [paragraph (2)](#c-2) for implementing this chapter shall, as part of its implementation responsibilities, ensure the availability and provision of appropriate technical assistance manuals to individuals or entities with rights or duties under this chapter no later than six months after applicable final regulations are published under subchapters I, II, and III and title IV.
- (d) **Grants and contracts—**
  - (1) **In general—** Each Federal agency that has responsibility under [subsection (c)(2)](#c-2) for implementing this chapter may make grants or award contracts to effectuate the purposes of this section, subject to the availability of appropriations. Such grants and contracts may be awarded to individuals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual (including educational institutions), and associations representing individuals who have rights or duties under this chapter. Contracts may be awarded to entities organized for profit, but such entities may not be the [recipients](/usc/42/2996a.md?p=6) or[^1] grants described in this paragraph.
  - (2) **Dissemination of information—** Such grants and contracts, among other uses, may be designed to ensure wide dissemination of information about the rights and duties established by this chapter and to provide information and technical assistance about techniques for effective compliance with this chapter.
- (e) **Failure to receive assistance—** An employer, public accommodation, or other entity covered under this chapter shall not be excused from compliance with the requirements of this chapter because of any failure to receive technical assistance under this section, including any failure in the development or dissemination of any technical assistance manual authorized by this section.

# §12207. Federal wilderness areas

- (a) **Study—** The National [Council](/usc/42/300f.md?p=9) on [Disability](/usc/42/12102.md?p=1) shall conduct a study and report on the effect that wilderness designations and wilderness land management [practices](/usc/42/17061.md?p=19) have on the ability of individuals with [disabilities](/usc/42/12102.md?p=1) to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act ([16 U.S.C. 1131](/usc/16/1131.md) et seq.).
- (b) **Submission of report—** Not later than 1 year after July 26, 1990, the National [Council](/usc/42/300f.md?p=9) on [Disability](/usc/42/12102.md?p=1) shall submit the report required under [subsection (a)](#a) to Congress.
- (c) **Specific wilderness access—**
  - (1) **In general—** Congress reaffirms that nothing in the Wilderness Act [[16 U.S.C. 1131](/usc/16/1131.md) et seq.] is to be construed as prohibiting the use of a [wheelchair](#c-2) in a wilderness area by an individual whose [disability](/usc/42/12102.md?p=1) requires use of a [wheelchair](#c-2), and consistent with the Wilderness Act no agency is required to provide any form of special [treatment](/usc/42/11851.md?p=11) or accommodation, or to construct any [facilities](/usc/42/11049.md?p=4) or modify any conditions of lands within a wilderness area in order to facilitate such use.
  - (2) **“Wheelchair” defined—** For purposes of [paragraph (1)](#c-1), the term “wheelchair” means a device designed solely for use by a mobility-impaired [person](/usc/42/1320a–7k.md?p=d-4-C-i) for locomotion, that is suitable for use in an indoor pedestrian area.

# §12208. Transvestites


For the purposes of this chapter, the term “disabled” or “[disability](/usc/42/12102.md?p=1)” shall not apply to an individual solely because that individual is a transvestite.


# §12209. Instrumentalities of Congress


The Government Accountability [Office](/usc/42/3058f.md?p=1), the Government Publishing Office, and the Library of Congress shall be covered as follows:

- (1) **In general—** The rights and protections under this chapter shall, subject to [paragraph (2)](#2), apply with respect to the conduct of each [instrumentality of the Congress](#4).
- (2) **Establishment of remedies and procedures by instrumentalities—** The chief official of each [instrumentality of the Congress](#4) shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to [paragraph (1)](#1).
- (3) **Report to Congress—** The chief official of each [instrumentality of the Congress](#4) shall, after establishing remedies and procedures for purposes of [paragraph (2)](#2), submit to the Congress a report describing the remedies and procedures.
- (4) **Definition of instrumentalities—** For purposes of this section, the term “instrumentality of the Congress” means the following:,[^1] the Government Accountability [Office](/usc/42/3058f.md?p=1), the Government Publishing Office, and the Library of Congress,.[^1]
- (5) **Enforcement of employment rights—** The remedies and procedures set forth in [section 2000e–16 of this title](/usc/42/2000e–16.md) shall be available to any [employee](/usc/42/1320a–7h.md?p=e-7) of an [instrumentality of the Congress](#4) who alleges a [violation](/usc/42/2000e–16a.md?p=c) of the rights and protections under [sections 12112 through 12114](/usc/42/12112..12114.md) of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) shall be exercised by the chief official of the [instrumentality of the Congress](#4).
- (6) **Enforcement of rights to public services and accommodations—** The remedies and procedures set forth in [section 2000e–16 of this title](/usc/42/2000e–16.md) shall be available to any qualified [person](/usc/42/1320a–7k.md?p=d-4-C-i) with a [disability](/usc/42/12102.md?p=1) who is a visitor, guest, or patron of an instrumentality of Congress and who alleges a [violation](/usc/42/2000e–16a.md?p=c) of the rights and protections under [sections 12131 through 12150](/usc/42/12131..12150.md) of this title or section [12182](/usc/42/12182.md) or [12183](/usc/42/12183.md) of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) shall be exercised by the chief official of the [instrumentality of the Congress](#4).
- (7) **Construction—** Nothing in this section shall alter the enforcement procedures for individuals with [disabilities](/usc/42/12102.md?p=1) provided in the General Accounting [Office](/usc/42/3058f.md?p=1) Personnel Act of 1980 and regulations promulgated pursuant to that Act.

# §12210. Illegal use of drugs

- (a) **In general—** For purposes of this chapter, the term “individual with a disability” does not include an individual who is currently engaging in the [illegal use of drugs](#d-1), when the covered entity acts on the basis of such use.
- (b) **Rules of construction—** Nothing in [subsection (a)](#a) shall be construed to exclude as an [individual with a disability](#a) an individual who—
  - (1) has successfully completed a supervised [drug](#d-2) rehabilitation [program](/usc/42/274l–1.md?p=4) and is no longer engaging in the [illegal use of drugs](#d-1), or has otherwise been rehabilitated successfully and is no longer engaging in such use;
  - (2) is participating in a supervised rehabilitation [program](/usc/42/274l–1.md?p=4) and is no longer engaging in such use; or
  - (3) is erroneously regarded as engaging in such use, but is not engaging in such use;

  except that it shall not be a [violation](/usc/42/2000e–16a.md?p=c) of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to [drug](#d-2) testing, designed to ensure that an individual described in paragraph [(1)](#b-1) or [(2)](#b-2) is no longer engaging in the [illegal use of drugs](#d-1); however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the [illegal use of drugs](#d-1).

- (c) **Health and other services—** Notwithstanding [subsection (a)](#a) and [section 12211(b)(3) of this title](/usc/42/12211.md?p=b-3), an individual shall not be denied health services, or services provided in connection with [drug](#d-2) rehabilitation, on the basis of the current [illegal use of drugs](#d-1) if the individual is otherwise entitled to such services.
- (d) **“Illegal use of drugs” defined—**
  - (1) **In general—** The term “illegal use of drugs” means the use of [drugs](#d-2), the possession or distribution of which is unlawful under the Controlled Substances Act [[21 U.S.C. 801](/usc/21/801.md) et seq.]. Such term does not include the use of a [drug](#d-2) taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.
  - (2) **Drugs—** The term “drug” means a [controlled substance](/usc/42/11851.md?p=2), as defined in schedules I through V of section 202 of the Controlled Substances Act [[21 U.S.C. 812](/usc/21/812.md)].

# §12211. Definitions

- (a) **Homosexuality and bisexuality—** For purposes of the definition of “[disability](/usc/42/12102.md?p=1)” in [section 12102(2)](/usc/42/12102.md?p=2)[^1] of this title, homosexuality and bisexuality are not impairments and as such are not [disabilities](/usc/42/12102.md?p=1) under this chapter.
- (b) **Certain conditions—** Under this chapter, the term “[disability](/usc/42/12102.md?p=1)” shall not include—
  - (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
  - (2) compulsive gambling, kleptomania, or pyromania; or
  - (3) psychoactive substance use disorders resulting from current illegal use of [drugs](/usc/42/282.md?p=j-1-A-vii).

# §12212. Alternative means of dispute resolution


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


# §12213. Severability


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