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42 U.S.C. § 12149 — New facilities
Federal law — U.S. Code and appendices · legal_authorities
For purposes of [section 12132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12132&num=0&edition=prelim) and [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
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Stable record: federal_law:legal_authorities:record_usc_65a4d6878ce3544f29d97b91
Source file: Laws/federal/codes/united-states-code/title-42/section-12149-new-facilities--924ce65d18.md
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Source location: Title 42, Chapter 126, § 12149; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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For purposes of [section 12132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12132&num=0&edition=prelim) and [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary.
**(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim).
**(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.
**(d) Terms of appointment**
(1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that—
(A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 794
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Federal law — U.S. Code and appendices · legal_authorities
Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12141
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Federal law — U.S. Code and appendices · legal_authorities
Not later than 1 year after July 26, 1990, the Commission shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of chapter 5 of title 5.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12132
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Federal law — U.S. Code and appendices · legal_authorities
If final regulations have not been issued pursuant to [section 12149 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12149&num=0&edition=prelim), for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sections 12146 and 12147 of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under [section 12204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204/a&num=0&edition=prelim), compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12163
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Federal law — U.S. Code and appendices · legal_authorities
Page 8253
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12161
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Subsec. (a) of this section effective 18 months after
July 26, 1990, and subsec. (b) of this section effective
July 26, 1990, see section 231 of Pub. L. 101–336, set out
as a note under section 12141 of this title.
§ 12149. Regulations
(a) In general
Not later than 1 year after July 26, 1990, the
Secretary of Transportation shall issue regula-
tions, in an accessible format, necessary for car-
rying out this subpart (other than section 12143
of this title).
(b) Standards
The regulations issued under this section and
section 12143 of this title shall include standards
applicable to facilities and vehicles covered by
this part. The standards shall be consistent with
the
minimum
guidelines
and
requirements
issued by the Architectural and Transportation
Barriers Compliance Board in accordance with
section 12204 of this title.
(Pub. L. 101–336, title II, § 229, July 26, 1990, 104
Stat. 345.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 26, 1990, see section 231(b) of
Pub. L. 101–336, set out as a note under section 12141 of
this title.
§ 12150. Interim accessibility requirements
If final regulations have not been issued pur-
suant to section 12149 of this title, for new con-
struction or alterations for which a valid and
appropriate State or local building permit is ob-
tained prior to the issuance of final regulations
under such section, and for which the construc-
tion or alteration authorized by such permit be-
gins within one year of the receipt of such per-
mit and is completed under the terms of such
permit, compliance with the Uniform Federal
Accessibi
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12149
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