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42 U.S.C. § 12132 — Regulations
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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Stable record: federal_law:legal_authorities:record_usc_c15ed4f862b6b91355d11f59
Source file: Laws/federal/codes/united-states-code/title-42/section-12132-regulations--8c4f58ae62.md
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Source location: Title 42, Chapter 126, § 12132; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferio
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12111
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Federal law — U.S. Code and appendices · legal_authorities
The remedies, procedures, and rights set forth in [section 794a of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794a&num=0&edition=prelim) shall be the remedies, procedures, and rights this subchapter provides to any person alleging discrimination on the basis of disability in violation of [section 12132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12132&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12142
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purchase and lease of new vehicles** It shall be considered discrimination 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) for a public entity which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following July 26, 1990, and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
**(b) Purchase and lease of used vehicles** Subject to subsection (c)(1), it shall be considered discrimination 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) for a public entity which operates a fixed route system to purchase or lease, after the 30th day following July 26, 1990, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
**(c) Remanufactured vehicles**
(1) **General rule** — Except as provided in paragraph (2), it shall be considered discrimination for purposes of [section 12132 of this title](https://uscode
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12145
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** It shall be considered discrimination 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) for a public entity which operates a fixed route system (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system.
**(b) Issuance of regulations** Not later than 1 year after July 26, 1990, the Secretary shall issue final regulations to carry out this section.
**(c) Required contents of regulations**
(1) **Eligible recipients of service** — The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section—
(A)
(i) to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lif
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12146
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
If a public entity operates a demand responsive system, it shall be considered discrimination, 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), for such entity to purchase or lease a new vehicle for use on such system, for which a solicitation is made after the 30th day following July 26, 1990, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service such system provides to individuals without disabilities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12147
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12149
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** With respect to alterations of an existing facility or part thereof used in the provision of designated public transportation services that affect or could affect the usability of the facility or part thereof, it shall be considered discrimination, for purposes of [section 12132 of this title](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), for a public entity to fail to make such alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the completion of such alterations. Where the public entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).
**(b) Special rule for stations**
(1) **General rule** — For purposes of [section 12132 of this tit
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12150
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Public transportation programs and activities in existing facilities**
(1) **In general** — With respect to existing facilities used in the provision of designated public transportation services, it shall be considered discrimination, for purposes of [section 12132 of this title](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), for a public entity to fail to operate a designated public transportation program or activity conducted in such facilities so that, when viewed in the entirety, the program or activity is readily accessible to and usable by individuals with disabilities.
(2) **Exception** — Paragraph (1) shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs, unless and to the extent required by [section 12147(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12147/a&num=0&edition=prelim) (relating to alterations) or [section 12147(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12147/b&num=0&edition=prelim) (relating to key stations).
(3) **Utilization** — Paragraph (1) shall not require a public entity to which paragraph (2) applies, to provide to individuals who use wheelchairs services made available to the general public at such facilities when such individuals could not utilize or benefit from such services provided at such facilities.
**(b) One car per train rule**
(1) **General rule** — Subject to paragraph (2), with respect to 2 or more vehicles operated as a train
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12161
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Intercity rail transportation**
(1) **One car per train rule** — It shall be considered discrimination 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) for a person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under [section 12164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12164&num=0&edition=prelim), 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](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) for a person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under [section 12164 of this title](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12165
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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. § 12132
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.