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42 U.S.C. § 12134 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) **Public entity** — The term “public entity” means—
(A) any State or local government;
(B) any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
(C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4) 11 See References in Text note below. of title 49).
(2) **Qualified individual with a disability** — The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12134
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Stable record: federal_law:legal_authorities:record_usc_8506dda1d43ef48137716dcc
Source file: Laws/federal/codes/united-states-code/title-42/section-12134-definitions--6094b4dbad.md
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Passage SHA-256: 4ef3412129dbb5f4e1c9821ea7696696f27758f4a2b9773f14c9e28dc0760a20
Source location: Title 42, Chapter 126, § 12134; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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As used in this subchapter:
(1) **Public entity** — The term “public entity” means—
(A) any State or local government;
(B) any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
(C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4) 11 See References in Text note below. of title 49).
(2) **Qualified individual with a disability** — The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “auto-ferry transportation” means intercity rail passenger transportation—
(A) of automobiles or recreational vehicles and their occupants; and
(B) when space is available, of used unoccupied vehicles.
(2) “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation.
(3) “commuter rail passenger transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations.
(4) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation.
(5) “long-distance route” means a route described in subparagraph (C) of paragraph (7).
(6) “National Network” includes long-distance routes and State-supported routes.
(7) “national rail passenger transportation system” means—
(A) the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia;
(B) rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established;
(C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and
(D) short-distance corridors, or routes of not more than 750 miles between endpoints, operated by—
(i) Amtrak; or
(ii) another rail carrier that receives funds under chapter 229.
(8) “Northeast Corridor” means Con
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24102
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Federal law — U.S. Code and appendices · legal_authorities
Every employer, employment agency, labor organization, or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescribed by [section 2000e–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-10&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
Page 8247
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12134
SECTION 1. Policy. This order is issued consistent with
the following findings and principles:
(a) The United States is committed to community-
based alternatives for individuals with disabilities and
recognizes that such services advance the best interests
of Americans.
(b) The United States seeks to ensure that America’s
community-based programs effectively foster independ-
ence and participation in the community for Ameri-
cans with disabilities.
(c) Unjustified isolation or segregation of qualified
individuals with disabilities through institutionaliza-
tion is a form of disability-based discrimination prohib-
ited by Title II of the Americans With Disabilities Act
of 1990 (ADA), 42 U.S.C. 12101 [12131] et seq. States must
avoid disability-based discrimination unless doing so
would fundamentally alter the nature of the service,
program, or activity provided by the State.
(d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the
‘‘Olmstead decision’’), the Supreme Court construed
Title II of the ADA [42 U.S.C. 12131 et seq.] to require
States to place qualified individuals with mental dis-
abilities in community settings, rather than in institu-
tions, whenever treatment professionals determine that
such placement is appropriate, the affected persons do
not oppose such placement, and the State can reason-
ably accommodate the placement, taking into account
the resources available to the State and the needs of
others with disabilities.
(e) The Federal Government must assist States and
localities to implement swiftly the Olmstead decision,
so as to help ensure that all Americans have the oppor-
tunity to live close to their families and friends, to live
more independently, to engage in productive
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12134
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