42 U.S.C. § 12131 — Definitions

Page 8246 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12117 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 24 months after July 26, 1990, see section 108 of Pub. L. 101–336, set out as a note under section 12111 of this title. § 12117. Enforcement (a) Powers, remedies, and procedures The powers, remedies, and procedures set forth in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9 of this title shall be the powers, rem- edies, and procedures this subchapter provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under section 12116 of this title, concerning em- ployment. (b) Coordination The agencies with enforcement authority for actions which allege employment discrimina- tion under this subchapter and under the Reha- bilitation Act of 1973 [29 U.S.C. 701 et seq.] shall develop procedures to ensure that administra- tive complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of ef- fort and prevents imposition of inconsistent or conflicting standards for the same requirements under this subchapter and the Rehabilitation Act of 1973. The Commission, the Attorney Gen- eral, and the Office of Federal Contract Compli- ance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Com- mission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Under- standing between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this sub- chapter and Rehabilitation Act of 1973 not later than 18 months after July 26, 1990. (Pub. L. 101–336, title I, § 107, July 26, 1990, 104 Stat. 336.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (b), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 24 months after July 26, 1990, see section 108 of Pub. L. 101–336, set out as a note under section 12111 of this title. SUBCHAPTER II—PUBLIC SERVICES PART A—PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY APPLICABLE PROVISIONS § 12131. Definitions As used in this subchapter: (1) Public entity The term ‘‘public entity’’ means— (A) any State or local government; (B) any department, agency, special pur- pose district, or other instrumentality of a State or States or local government; and (C) the National Railroad Passenger Cor- poration, and any commuter authority (as defined in section 24102(4) 1 of title 49). (2) Qualified individual with a disability The term ‘‘qualified individual with a dis- ability’’ means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transpor- tation barriers, or the provision of auxiliary aids and services, meets the essential eligi- bility requirements for the receipt of services or the participation in programs or activities provided by a public entity. (Pub. L. 101–336, title II, § 201, July 26, 1990, 104 Stat. 337.) Editorial Notes REFERENCES IN TEXT Section 24102 of title 49, referred to in par. (1)(C), was subsequently amended, and section 24102(4) no longer defines ‘‘commuter authority’’. However, such term is defined elsewhere in that section. CODIFICATION In par. (1)(C), ‘‘section 24102(4) of title 49’’ substituted for ‘‘section 103(8) of the Rail Passenger Service Act’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–336, title II, § 205, July 26, 1990, 104 Stat. 338, provided that: ‘‘(a) GENERAL RULE.—Except as provided in sub- section (b), this subtitle [subtitle A (§§ 201–205) of title II of Pub. L. 101–336, enacting this part] shall become effective 18 months after the date of enactment of this Act [July 26, 1990]. ‘‘(b) EXCEPTION.—Section 204 [section 12134 of this title] shall become effective on the date of enactment of this Act.’’ Executive Documents EX. ORD. NO. 13217. COMMUNITY-BASED ALTERNATIVES FOR INDIVIDUALS WITH DISABILITIES Ex. Ord. No. 13217, June 18, 2001, 66 F.R. 33155, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to place qualified individuals with disabilities in community settings whenever ap- propriate, it is hereby ordered as follows: 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 employ- ment, and to participate in community life. SEC. 2. Swift Implementation of the Olmstead Decision: Agency Responsibilities. (a) The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall work cooperatively to ensure that the Olmstead decision is implemented in a timely manner. Specifi- cally, the designated agencies should work with States to help them assess their compliance with the Olmstead decision and the ADA [42 U.S.C. 12101 et seq.] in pro- viding services to qualified individuals with disabilities in community-based settings, as long as such services are appropriate to the needs of those individuals. These agencies should provide technical guidance and work cooperatively with States to achieve the goals of Title II of the ADA [42 U.S.C. 12131 et seq.], particularly where States have chosen to develop comprehensive, ef- fectively working plans to provide services to qualified individuals with disabilities in the most integrated set- tings. These agencies should also ensure that existing Federal resources are used in the most effective man- ner to support the goals of the ADA. The Secretary of Health and Human Services shall take the lead in co- ordinating these efforts. (b) The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall evaluate the poli- cies, programs, statutes, and regulations of their re- spective agencies to determine whether any should be revised or modified to improve the availability of com- munity-based services for qualified individuals with disabilities. The review shall focus on identifying af- fected populations, improving the flow of information about supports in the community, and removing bar- riers that impede opportunities for community place- ment. The review should ensure the involvement of consumers, advocacy organizations, providers, and rel- evant agency representatives. Each agency head should report to the President, through the Secretary of Health and Human Services, with the results of their evaluation within 120 days. (c) The Attorney General and the Secretary of Health and Human Services shall fully enforce Title II of the ADA, including investigating and resolving complaints filed on behalf of individuals who allege that they have been the victims of unjustified institutionalization. Whenever possible, the Department of Justice and the Department of Health and Human Services should work cooperatively with States to resolve these complaints, and should use alternative dispute resolution to bring these complaints to a quick and constructive resolu- tion. (d) The agency actions directed by this order shall be done consistent with this Administration’s budget. SEC. 3. Judicial Review. Nothing in this order shall af- fect any otherwise available judicial review of agency action. This order is intended only to improve the in- ternal management of the Federal Government and does not create any right or benefit, substantive or pro- cedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. GEORGE W. BUSH. § 12132. Discrimination 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 enti- ty, or be subjected to discrimination by any such entity. (Pub. L. 101–336, title II, § 202, July 26, 1990, 104 Stat. 337.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 205(a) of Pub. L. 101–336, set out as a note under section 12131 of this title. § 12133. Enforcement The remedies, procedures, and rights set forth in section 794a of title 29 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. (Pub. L. 101–336, title II, § 203, July 26, 1990, 104 Stat. 337.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 205(a) of Pub. L. 101–336, set out as a note under section 12131 of this title. § 12134. Regulations (a) In general Not later than 1 year after July 26, 1990, the Attorney General 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 of Transportation under section 12143, 12149, or 12164 of this title. (b) Relationship to other regulations Except for ‘‘program accessibility, existing fa- cilities’’, and ‘‘communications’’, regulations under subsection (a) shall be consistent with this chapter and with the coordination regula- tions under part 41 of title 28, Code of Federal Regulations (as promulgated by the Department