42 U.S.C. § 12186 — Regulations

Page 8263 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12186 1 So in original. Probably should be ‘‘section’’. (6) The impact of accessibility requirements on the continuation of over-the-road bus serv- ice, with particular consideration of the im- pact of such requirements on such service to rural communities. (c) Advisory committee In conducting the study required by sub- section (a), the Office of Technology Assessment shall establish an advisory committee, which shall consist of— (1) members selected from among private op- erators and manufacturers of over-the-road buses; (2) members selected from among individ- uals with disabilities, particularly individuals who use wheelchairs, who are potential riders of such buses; and (3) members selected for their technical ex- pertise on issues included in the study, includ- ing manufacturers of boarding assistance equipment and devices. The number of members selected under each of paragraphs (1) and (2) shall be equal, and the total number of members selected under para- graphs (1) and (2) shall exceed the number of members selected under paragraph (3). (d) Deadline The study required by subsection (a), along with recommendations by the Office of Tech- nology 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 on or before the applicable deadlines specified in section 12186(a)(2)(B) of this title will result in a signifi- cant reduction in intercity over-the-road bus service, the President shall extend each such deadline by 1 year. (e) Review In developing the study required by subsection (a), the Office of Technology Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Com- pliance Board established under section 792 of title 29. The Board shall have an opportunity to comment on such draft study, and any such comments by the Board made in writing within 120 days after the Board’s receipt of the draft study shall be incorporated as part of the final study required to be submitted under subsection (d). (Pub. L. 101–336, title III, § 305, July 26, 1990, 104 Stat. 360.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 310(c) of Pub. L. 101–336, set out as a note under section 12181 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. § 12186. Regulations (a) Transportation provisions (1) General rule Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regu- lations 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 (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 of Transportation shall issue regulations in an accessible format to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require each private entity which uses an over- the-road bus 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 in order to provide access to in- dividuals 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). (B) Final requirement (i) Review of study and interim require- ments The Secretary shall review the study submitted under section 12185 of this title and the regulations issued pursuant to subparagraph (A). (ii) Issuance Not later than 1 year after the date of the submission of the study under section 12185 of this title, the Secretary shall issue in an accessible format new regulations to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require, taking into account the purposes of the study under section 12185 of this title and any recommendations resulting from such study, each private entity which uses an over-the-road bus to provide transpor- tation to individuals to provide accessi- bility to such bus to individuals with dis- abilities, including individuals who use wheelchairs. (iii) Effective period Subject to section 12185(d) of this title, the regulations issued pursuant to this subparagraph shall take effect— Page 8264 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12187 (I) with respect to small providers of transportation (as defined by the Sec- retary), 3 years after the date of issuance of final regulations under clause (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 ac- cessible restrooms The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in over-the-road buses if such installation would result in a loss of seating capacity. (3) Standards The regulations issued pursuant to this sub- section shall include standards applicable to facilities and vehicles covered by sections 12182(b)(2) and 12184 of this title. (b) Other provisions Not later than 1 year after July 26, 1990, the Attorney General shall issue regulations in an accessible format to carry out the provisions of this subchapter not referred to in subsection (a) that include standards applicable to facilities and vehicles covered under section 12182 of this title. (c) Consistency with ATBCB guidelines Standards included in regulations issued under subsections (a) and (b) 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. (d) Interim accessibility standards (1) Facilities If final regulations have not been issued pur- suant to this section, 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 this 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 per- mit, compliance with the Uniform Federal Ac- cessibility Standards in effect at the time the building permit is issued shall suffice to sat- isfy the requirement that facilities be readily accessible to and usable by persons with dis- abilities as required under section 12183 of this title, except that, if such final regulations have not been issued one year after the Archi- tectural and Transportation Barriers Compli- ance Board has issued the supplemental min- imum guidelines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that fa- cilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. (2) Vehicles and rail passenger cars If final regulations have not been issued pur- suant to this section, a private entity shall be considered to have complied with the require- ments of this subchapter, if any, that a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such vehicle or car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental min- imum guidelines as are issued under section 12204(a) of this title) governing accessibility of such vehicles 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. (Pub. L. 101–336, title III, § 306, July 26, 1990, 104 Stat. 361; Pub. L. 104–59, title III, § 341, Nov. 28, 1995, 109 Stat. 608.) Editorial Notes AMENDMENTS 1995—Subsec. (a)(2)(B)(iii). Pub. L. 104–59 substituted ‘‘3 years after the date of issuance of final regulations under clause (ii)’’ for ‘‘7 years after July 26, 1990’’ in subcl. (I) and ‘‘2 years after the date of issuance of such final regulations’’ for ‘‘6 years after July 26, 1990’’ in subcl. (II). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 310(c) of Pub. L. 101–336, set out as a note under section 12181 of this title. § 12187. Exemptions for private clubs and reli- gious organizations The provisions of this subchapter shall not apply to private clubs or establishments ex- empted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000–a(e)) [42 U.S.C. 2000a et seq.] or to religious organizations or en- tities controlled by religious organizations, in- cluding places of worship. (Pub. L. 101–336, title III, § 307, July 26, 1990, 104 Stat. 363.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title II of the Act is classified generally to subchapter II (§ 2000a et seq.) of chapter 21 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 310(a) of Pub. L. 101–336, set out as a note under section 12181 of this title. § 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 are the remedies and procedures this subchapter provides to any person who is being subjected to discrimi- nation on the basis of disability in violation of this subchapter or who has reasonable grounds