Americans with Disabilities Act of 1990
PL 101-336 (S.933), enacted 07/26/1990

PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 327 
Public Law 101-336 
101st Congress 
An Act 
To establish a clear and comprehensive prohibition of discrimination on the basis of 
July 26, 1990 
disability. 
[S. 933] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
^P^T'lf.^P ^^^"^ 
Disabilities Act 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
of 1990. 
(a) SHORT TITLE.—This Act may be cited as the "Americans with 
42 USC 12101 
Disabilities Act of 1990". 
note. 
(b) TABLE OF CONTENTS.—The table of contents is £is follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
TITLE I—EMPLOYMENT 
Sec. 101. Definitions. 
Sec. 102. Discrimination. 
Sec. 103. Defenses. 
Sec. 104. Illegal use of drugs and alcohol. 
Sec. 105. Posting notices. 
Sec. 106. Regulations. 
Sec. 107. Enforcement. 
Sec. 108. Effective date. 
TITLE II—PUBLIC SERVICES 
Subtitle A—Prohibition Against Discrimination and Other (Generally Applicable 
Provisions 
Sec. 201. Definition. 
Sec. 202. Discrimination. 
Sec. 203. Enforcement. 
Sec. 204. Regulations. 
Sec. 205. Effective date. 
Subtitle B—Actions Applicable to Public Transportation Provided by Public Entities 
Considered Discriminatory 
PART I—PUBUC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL 
OPERATIONS 
Sec. 221. Definitions. 
Sec. 222. Public entities operating fixed route systems. 
Sec. 223. Paratransit as a complement to fixed route service. 
Sec. 224. Public entity operating a demand responsive system. 
Sec. 225. Temporary relief where lifts are unavailable. 
Sec. 226. New facilities. 
Sec. 227. Alterations of existing facilities. 
Sec. 228. Public transportation programs and activities in existing facilities and one 
car per train rule. 
Sec. 229. Regulations. 
Sec. 230. Interim accessibility requirements. 
Sec. 231. Effective date. 
PART II—Puauc TRANSPORTATION BY INTERCITY AND COMMUTER RAIL 
Sec. 241. Definitions. 
Sec. 242. Intercity and commuter rail actions considered discriminatory. 
Sec. 243. Conformance of accessibility standards. 
104 STAT. 328 
PUBLIC LAW 101-336—JULY 26, 1990 
Sec. 244. Regulations. 
Sec. 245. Interim accessibility requirements. 
Sec. 246. Effective date. 
TITLE III—PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY 
PRIVATE ENTITIES 
Sec. 301. Definitions. 
Sec. 302. Prohibition of discrimination by public accommodations. 
Sec. 303. New construction and alterations in public accommodations and commer-
cial facilities. 
Sec. 304. Prohibition of discrimination in specified public transportation services 
provided by private entities. 
Sec. 305. Study. 
Sec. 306. Regulations. 
Sec. 307. Exemptions for private clubs and religious organizations. 
Sec. 308. Enforcement. 
Sec. 309. Examinations and courses. 
Sec. 310. Effective date. 
TITLE IV—TELECOMMUNICATIONS 
Sec. 401. Telecommunications relay services for hearing-impaired and speech-im-
paired individuals. 
Sec. 402. Closed-captioning of public service announcements. 
TITLE V—MISCELLANEOUS PROVISIONS 
Sec. 501. Construction. 
Sec. 502. State immunity. 
Sec. 503. Prohibition against retaliation and coercion. 
Sec. 504. Regulations by the Architectural and Transportation Barriers Compliance 
Board. 
Sec. 505. Attorney's fees. 
Sec. 506. Technical £issistance. 
Sec. 507. Federal wilderness areas. 
Sec. 508. Transvestites. 
Sec. 509. Coverage of Congress and the agencies of the legislative branch. 
Sec. 510. Illegal use of drugs. 
Sec. 511. Definitions. 
Sec. 512. Amendments to the Rehabilitation Act. 
Sec. 513. Alternative means of dispute resolution. 
Sec. 514. Severability. 
42USC12101. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) some 43,000,000 Americans have one or more physical or 
mental disabilities, and this number is increasing as the popu-
lation as a whole is growing older; 
(2) historically, society has tended to isolate and segregate 
individuals with disabilities, and, despite some improvements, 
such forms of discrimination against individuals with disabil-
ities continue to be a serious and pervasive social problem; 
(3) discrimination eigainst individuals with disabilities persists 
in such critical areas as employment, housing, public accom-
modations, education, transportation, communication, recre-
ation, 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 exclu-
sion, the discriminatory effects of architectural, transportation, 
and communication barriers, overprotective rules and policies, 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 329 
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 docu-
mented that people with disabilities, as a group, occupy an 
inferior status in our society, and are severely disadvantaged 
socially, vocationally, economically, and educationally; 
(7) individuals with disabilities are a discrete and insular 
minority who have been faced with restrictions and limitations, 
subjected to a history of purposeful unequal treatment, and 
relegated to a position of political powerlessness in our society, 
based on characteristics that are beyond the control of such 
individuals and resulting from stereotypic assumptions not 
truly indicative of the individual ability of such individuals to 
participate in, and contribute to, society; 
(8) the Nation's proper goals regarding individuals with 
disabilities are to assure equality of opportunity, full participa-
tion, independent living, and economic self-sufficiency for such 
individuals; and 
(9) the continuing existence of unfair and unnecessary 
discrimination and prejudice denies people with disabilities the 
opportunity to compete on an equal basis and to pursue those 
opportunities for which our free society is justifiably famous, 
and costs the United States billions of dollars in unnecessary 
expenses resulting from dependency and nonproductivity. 
(b) PURPOSE.—It is the purpose of this Act— 
(1) to provide a clear and comprehensive national mandate for 
the elimination of discrimination against individuals with 
disabilities; 
(2) to provide clear, strong, consistent, enforceable standards 
addressing discrimination Eigainst individuals with disabilities; 
(3) to ensure that the Federal Government plays a central role 
in enforcing the standards established in this Act on behalf of 
individuals with disabilities; and 
(4) to invoke the sweep of congressional authority, including 
the power to enforce the fourteenth amendment and to regulate 
commerce, in order to address the major areas of discrimination 
faced day-to-day by people with disabilities. 
SEC. 3. DEFINITIONS. 
42 USC 12102. 
As used in this Act: 
(1) AuxiUARY AIDS AND SERVICES.—The term "auxiliary aids 
and services" includes— 
(A) qualified interpreters or other effective methods of 
making aurally delivered materials available to individuals 
with hearing impairments; 
(B) qualified readers, taped texts, or other effective 
methods of making visually delivered materials available to 
individuals with visual impairments; 
(C) acquisition or modification of equipment or devices; 
and 
(D) other similar services and actions. 
(2) DiSABiUTY.—The term "disability" means, with respect to 
an individual— 
104 STAT. 330 
PUBLIC LAW 101-336—JULY 26, 1990 
(A) a physical or mental impairment that substantially 
limits one or more of the major life activities of such 
individual; 
(B) a record of such an impairment; or 
(C) being regarded as having such an impairment. 
(3) STATE.—The term "State" means each of the several 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, American Samoa, the Virgin Islands, the Trust 
Territory of the Pacific Islands, and the Commonwealth of the 
Northern Mariana Islands. 
TITLE I—EMPLOYMENT 
42 use 12111. 
SEC. 101. DEFINITIONS. 
As used in this title: 
(1) COMMISSION.—The term "Commission" means the Equal 
Emplojnnent Opportunity Commission established by section 
705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4). 
(2) COVERED ENTITY.—The term "covered entity" means an 
employer, emplojonent agency, labor organization, or joint 
labor-management committee. 
(3) DIRECT THREAT.—The term "direct threat" means a signifi-
cant risk to the health or safety of others that cannot be 
eliminated by reasonable accommodation. 
(4) EMPLOYEE.—The term "employee" means an individual 
employed by an employer. 
(5) EMPLOYER.— 
(A) IN GENERAL.—The term "employer" means a person 
engaged in an industry affecting commerce who has 15 or 
more employees for each working day in each of 20 or more 
calendar weeks in the current or preceding calendar year, 
and any agent of such person, except that, for two years 
following the effective date of this title, an employer means 
a person engaged in an industry affecting commerce who 
has 25 or more employees for each working day in each of 
20 or more calendar weeks in the current or preceding year, 
and any agent of such person. 
(B) EXCEPTIONS.—The term "employer" does not in-
clude— 
(i) the United States, a corporation wholly owned by 
the government of the United States, or an Indian 
tribe; or 
(ii) a bona fide private membership club (other than a 
labor organization) that is exempt from taxation under 
section 501(c) of the Internal Revenue Code of 1986. 
(6) ILLEGAL USE OF DRUGS.— 
(A) IN GENERAL.—The term "illegal use of drugs" means 
the use of drugs, the possession or distribution of which is 
unlawful under the Controlled Substances Act (21 U.S.C. 
812). Such term does not include the use of a drug taken 
under supervision by a licensed health care professional, or 
other uses authorized by the Controlled Substances Act or 
other provisions of Federal law. 
(B) DRUGS.—The term "drug" means a controlled sub-
stance, as defined in schedules I through V of section 202 of 
the Controlled Substances Act. 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 331 
(7) PERSON, ETC.—The terms "person", "labor organization", 
"emplojnnent agency", "commerce", and "industry affecting 
commerce", shall have the same meaning given such terms in 
section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). 
(8) QUAUFIED INDIVIDUAL WITH A DISABILITY.—The 
term 
"qualified individual with a disability" means an individual 
with a disability who, with or without reasonable accommoda-
tion, can perform the essential functions of the emplojonent 
position that such individual holds or desires. For the purposes 
of this title, consideration shall be given to the employer's 
judgment as to what functions of a job are essential, and if an 
employer has prepared a written description before advertising 
or interviewing applicants for the job, this description shall be 
considered evidence of the essential functions of the job. 
(9) REASONABLE ACCOMMODATION.—The term 
"reasonable 
accommodation" may include— 
(A) making existing facilities used by employees readily 
accessible to and usable by individuals with disabilities; and 
(B) job restructuring, part-time or modified work sched-
ules, reassignment to a vacant position, acquisition or modi-
fication of equipment or devices, appropriate adjustment or 
modifications of examinations, training materials or poli-
cies, the provision of qualified readers or interpreters, and 
other 
similar 
accommodations 
for 
individuals 
with 
disabilities. 
(10) UNDUE HARDSHIP.— 
(A) IN GENERAL.—The term "undue hardship" means an 
action requiring significant difficulty or expense, when 
considered in light of the factors set forth in subparagraph 
(B). 
(B) FACTORS TO BE CONSIDERED.—In determining whether 
an accommodation would impose an undue hardship on a 
covered entity, factors to be considered include— 
(i) the nature and cost of the accommodation needed 
under this Act; 
(ii) the overall financial resources of the facility or 
facilities involved in the provision of the reasonable 
accommodation; the number of persons employed at 
such facility; the effect on expenses and resources, or 
the impact othenvise of such accommodation upon the 
operation of the facility; 
(iii) the overall financial resources of the covered 
entity; the overall size of the business of a covered 
entity with respect to the number of its employees; the 
number, type, and location of its facilities; and 
(iv) the tj^e of operation or operations of the covered 
entity, including the composition, structure, and func-
tions of the workforce of such entity; the geographic 
separateness, administrative, or fiscal relationship of 
the facility or facilities in question to the covered 
entity. 
SEC. 102. DISCRIMINATION. 
42 USC 12112. 
(a) GENERAL RULE.—No covered entity shall discriminate against 
a qualified individual with a disability because of the disability of 
such individual in regard to job application procedures, the hiring, 
advancement, 
or 
discharge 
of employees, employee compen-
104 STAT. 332 
PUBLIC LAW 101-336—JULY 26, 1990 
sation, job training, and other terms, conditions, and privi-
leges of employment. 
(b) CONSTRUCTION.—As used in subsection (a), the term "discrimi-
nate" includes— 
(1) limiting, segregating, or classifying a job applicant or 
employee in a way that adversely affects the opportunities or 
status of such applicant or employee because of the disability of 
such applicant or employee; 
(2) participating in a contractual or other arrangement or 
relationship that has the effect of subjecting a covered entity's 
qualified applicant or employee with a disability to the discrimi-
nation prohibited by this title (such relationship includes a 
relationship with an employment or referral agency, labor 
union, an organization providing fringe benefits to an employee 
of the covered entity, or an organization providing training and 
apprenticeship programs); 
(3) utilizing standards, criteria, or methods of admin-
istration— 
(A) that have the effect of discrimination on the basis of 
disability; or 
(B) that perpetuate the discrimination of others who are 
subject to common administrative control; 
(4) excluding or otherwise denying equal jobs or benefits to a 
qualified individual because of the known disability of an 
individual with whom the qualified individual is known to have 
a relationship or association; 
(5)(A) not making reasonable accommodations to the known 
physical or mental limitations of an otherwise qualified individ-
ual with a disability who is an applicant or employee, unless 
such covered entity can demonstrate that the accommodation 
would impose an undue hardship on the operation of the busi-
ness of such covered entity; or 
(B) denjdng emplojnnent opportunities to a job applicant or 
employee who is an otherwise qualified individual with a 
disability, if such denial is based on the need of such covered 
entity to make reasonable accommodation to the physical or 
mental impairments of the employee or applicant; 
(6) using qualification standards, employment tests or other 
selection criteria that screen out or tend to screen out an 
individual with a disability or a class of individuals with disabil-
ities unless the standard, test or other selection criteria, as used 
by the covered entity, is shown to be job-related for the position 
in question and is consistent with business necessity; and 
(7) failing to select and administer tests concerning employ-
ment in the most effective manner to ensure that, when such 
test is administered to a job applicant or employee who has a 
disability that impairs sensory, manual, or speaking skills, such 
test results accurately reflect the skills, aptitude, or whatever 
other factor of such applicant or employee that such test 
purports to measure, rather than reflecting the impaired sen-
sory, manual, or speaking skills of such employee or applicant 
(except where such skills are the factors that the test purports 
to measure). 
(c) MEDICAL EXAMINATIONS AND INQUIRIES.— 
(1) IN GENERAL.—The prohibition against discrimination as 
referred to in subsection (a) shall include medical examinations 
and inquiries. 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 333 
(2) PREEMPLOYMENT.— 
(A) PROHIBITED EXAMINATION OR INQUIRY.—Except as pro-
vided in paragraph (3), a covered entity shall not conduct a 
medical examination or make inquiries of a job applicant as 
to whether such applicant is an individual with a disability 
or as to the nature or severity of such disability. 
(B) ACCEPTABLE INQUIRY.—A covered entity may make 
preemployment inquiries into the ability of an applicant to 
perform job-related functions. 
(8) EMPLOYMENT ENTRANCE EXAMINATION.—A covered entity 
may require a medical examination after an offer of employ-
ment has been made to a job applicant and prior to the 
commencement of the employment duties of such applicant, and 
may condition an offer of employment on the results of such 
examination, i
f
— 
(A) all entering employees are subjected to such an exam-
ination regardless of disability; 
(B) information obtained regarding the medical condition 
or history of the applicant is collected and maintained on 
separate forms and in separate medical files and is treated 
as a confidential medical record, except that— 
(i) supervisors and managers may be informed 
regarding necessary restrictiohs on the work or duties 
of the employee and necessary accommodations; 
(ii) first aid and safety personnel may be informed, 
when appropriate, if the disability might require emer-
gency treatment; and 
(iii) government officials investigating compliance 
with this Act shall be provided relevant information on 
request; and 
(C) the results of such examination are used only in 
accordance with this title. 
(4) EXAMINATION AND INQUIRY.— 
(A) PROHIBITED EXAMINATIONS AND INQUIRIES.—A covered 
entity shall not require a medical examination and shall 
not make inquiries of an employee as to whether such 
employee is an individual with a disability or as to the 
nature or severity of the disability, unless such examina-
tion or inquiry is shown to be job-related and consistent 
with business necessity. 
(B) ACCEPTABLE EXAMINATIONS AND INQUIRIES.—A covered 
entity may conduct voluntary medical 
examinations, 
including voluntary medical histories, which are part of an 
employee health program available to employees at that 
work site. A covered entity may make inquiries into the 
ability of an employee to perform job-related functions. 
(C) REQUIREMENT.—Information obtained under subpara-
graph (B) regarding the medical condition or history of any 
employee are subject to the requirements of subparagraphs 
(B) and (C) of paragraph (3). 
SEC. 103. DEFENSES. 
42 USC 12113. 
(a) IN GENERAL.—It may be a defense to a charge of discrimination 
under this Act that an alleged application of qualification standards, 
tests, or selection criteria that screen out or tend to screen out or 
otherwise deny a job or benefit to an individual with a disability has 
been shown to be job-related and consistent with business necessity. 
104 STAT. 334 
PUBLIC LAW 101-336—JULY 26, 1990 
and such performance cannot be accomplished by reasonable 
accommodation, as required under this title. 
(b) QuAUFiCATiON STANDARDS.—The term "qualification stand-
ards" may include a requirement that an individual shall not pose a 
direct threat to the health or safety of other individuals in the 
workplace. 
(c) REUGIOUS ENTITIES.— 
(1) IN GENERAL.—This title shall not prohibit a religious 
corporation, association, educational institution, or society from 
giving preference in employment to individuals of a particular 
religion to perform work connected with the carrjdng on by 
such corporation, association, educational institution, or society 
of its activities. 
(2) RELIGIOUS TENETS REQUIREMENT.—Under this title, a 
religious organization may require that all applicants and 
employees conform to the religious tenets of such organization. 
(d) LIST OF INFECTIOUS AND COMMUNICABLE DISEASES.— 
(1) IN GENERAL.—The Secretary of Health and Human Serv-
ices, not later than 6 months after the date of enactment of this 
Act, shall— 
(A) review all infectious and communicable diseases 
which may be transmitted through handling the food 
supply; 
(B) publish a list of infectious and communicable diseases 
which are transmitted through handling the food supply; 
(C) publish the methods by which such diseases are 
Public 
transmitted; and 
information. 
(D) widely disseminate such information regarding the 
list of diseases and their modes of transmissability to the 
general public. 
Such list shall be updated annually. 
(2) APPLICATIONS.—In any case in which an individual has an 
infectious or communicable disease that is transmitted to others 
through the handling of food, that is included on the list 
developed by the Secretary of Health and Human Services 
under paragraph (1), and which cannot be eliminated by resison-
able accommodation, a covered entity may refuse to assign or 
continue to assign such individual to a job involving food han-
dling. 
(3) CONSTRUCTION.—Nothing in this Act shall be construed to 
preempt, modify, or amend any State, county, or local law, 
ordinance, or regulation applicable to food handling which is 
designed to protect the public health from individuals who pose 
a significant risk to the health or safety of others, which cannot 
be eliminated by reasonable accommodation, pursuant to the 
list of infectious or communicable diseases and the modes of 
transmissability published by the Secretary of Health and 
Human Services. 
42 use 12114. 
SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL. 
(a) QUALIFIED INDIVIDUAL WITH A DISABIUTY.—For purposes of 
this title, the term "qualified individual with a disability" shall not 
include any employee or applicant who is currently engaging in the 
illegal use of drugs, when the covered entity acts on the basis of such 
use. 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 335 
O
t
)
) RULES OF CONSTRUCTION.—Nothing in subsection (a) shall be 
construed to exclude as a qualified individual with a disability an 
individual who— 
(1) has successfully completed a supervised drug rehabilita-
tion program and is no longer engaging in the illegal use of 
drugs, or has otherwise been rehabilitated successfully and is no 
longer engaging in such use; 
(2) is participating in a supervised rehabilitation program and 
is no longer engaging in such use; or 
(3) is erroneously regarded as engaging in such use, but is not 
engaging in such use; 
except that it shall not be a violation of this Act for a covered entity 
to adopt or administer reasonable policies or procedures, including 
but not limited to drug testing, designed to ensure that an individual 
described in paragraph (1) or (2) is no longer engaging in the illegal 
use of drugs. 
(c) AUTHORITY OF COVERED ENTITY.—A covered entity— 
(1) may prohibit the illegal use of drugs and the use of alcohol 
at the workplace by all employees; 
(2) may require that employees shall not be under the influ-
ence of alcohol or be engaging in the illegal use of drugs at the 
workplace; 
(3) may require that employees behave in conformance with 
the requirements established under the Drug-Free Workplace 
Act of 1988 (41 U.S.C. 701 et seq.); 
(4) may hold an employee who engages in the illegal use of 
drugs or who is an alcoholic to the same qualification standards 
for emplo5anent or job performance and behavior that such 
entity holds other employees, even if any unsatisfactory 
performance or behavior is related to the drug use or alcoholism 
of such employee; and 
(5) may, with respect to Federal regulations regarding alcohol 
and the illegal use of drugs, require that— 
(A) employees comply with the standards established in 
such regulations of the Department of Defense, if the 
employees of the covered entity are employed in an indus-
try subject to such regulations, including complying with 
regulations (if any) that apply to emplojonent in sensitive 
positions in such an industry, in the case of employees of 
the covered entity who are employed in such positions (as 
defined in the regulations of the Department of Defense); 
(B) employees comply with the standards established in 
such regulations of the Nuclear Regulatory Commission, if 
the employees of the covered entity are employed in an 
industry subject to such regulations, including compl3dng 
with regulations (if any) that apply to employment in sen-
sitive positions in such an industry, in the case of employ-
ees of the covered entity who are employed in such 
positions (as defined in the regulations of the Nuclear 
Regulatory Commission); and 
(C) employees comply with the standards established in 
such regulations of the Department of Transportation, if 
the employees of the covered entity are employed in a 
transportation industry subject to such regulations, includ-
ing complying with such regulations (if any) that apply to 
employment in sensitive positions in such an industry, in 
the case of employees of the covered entity who are 
104 STAT. 336 
PUBLIC LAW 101-336—JULY 26, 1990 
employed in such positions (as defined in the regulations of 
the Department of Transportation). 
(d) DRUG TESTING.— 
(1) IN GENERAL.—For purposes of this title, a test to determine 
the illegal use of drugs shall not be considered a medical 
examination. 
(2) CONSTRUCTION.—Nothing in this title shall be construed to 
encourage, prohibit, or authorize the conducting of drug testing 
for the illegal use of drugs by job applicants or employees or 
making employment decisions based on such test results. 
(e) TRANSPORTATION EMPLOYEES.—Nothing in this title shall be 
construed to encourage, prohibit, restrict, or authorize the otherwise 
lawful exercise by entities subject to the jurisdiction of the Depart-
ment of Transportation of authority to— 
(1) test employees of such entities in, and applicants for, 
positions involving safety-sensitive duties for the illegal use of 
drugs and for on-duty impairment by alcohol; and 
(2) remove such persons who test positive for illegal use of 
drugs and on-duty impairment by alcohol pursuant to para-
graph (1) from safety-sensitive duties in implementing subsec-
tion (c). 
42 u s e 12115. 
SEC. 105. POSTING NOTICES. 
Every employer, emplojnnent agency, labor organization, or joint 
labor-management committee covered under this title shall post 
notices in an accessible format to applicants, employees, and mem-
bers describing the applicable provisions of this Act, in the manner 
prescribed by section 711 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-10). 
42 use 12116. 
SEC. 106. REGULATIONS. 
Not later than 1 year after the date of enactment of this Act, the 
Commission shall issue regulations in an accessible format to carry 
out this title in accordance with subchapter II of chapter 5 of title 5, 
United States Code. 
42 use 12117. 
SEC. 107. ENFORCEMENT. 
(a) POWERS, REMEDIES, AND PROCEDURES.—The powers, remedies, 
and procedures set forth in sections 705, 706, 707, 709, and 710 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-4, 2000e-5, 2000e-6, 
2000e-8, and 2000e-9) shall be the powers, remedies, and procedures 
this title 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 Act, or regulations promulgated 
under section 106, concerning employment. 
O
t
>
) COORDINATION.—The agencies with enforcement authority for 
actions which allege employment discrimination under this title and 
under the Rehabilitation Act of 1973 shall develop procedures to 
ensure that administrative complaints filed under this title and 
under the Rehabilitation Act of 1973 are dealt with in a manner 
that avoids duplication of effort and prevents imposition of 
inconsistent or conflicting standards for the same requirements 
Regulations. 
under this title and the Rehabilitation Act of 1973. The Commission, 
the Attorney General, and the Office of Federal Contract Compli-
ance Programs shall establish such coordinating mechanisms (simi-
lar to provisions contained in the joint regulations promulgated by 
the Commission and the Attorney General at part 42 of title 28 and 
PUBLIC LAW 101-336—JULY 26, 1990 
part 1691 of title 29, Code of Federal Regulations, and the Memoran-
dum of Understanding 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 
title and Rehabilitation Act of 1973 not later than 18 months after 
the date of enactment of this Act. 
SEC. 108. EFFECTIVE DATE. 
This title shall become effective 24 months after the date of 
enactment. 
TITLE II—PUBLIC SERVICES 
Subtitle A—Prohibition Against Discrimina-
tion and Other Generally Applicable Provi-
sions 
104 STAT. 337 
42 u s e 12111 
note. 
SEC. 201. DEFINITION. 
42 USC 12131. 
As used in this title: 
(1) PuBUC 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 govern-
ment; and 
(C) the National Railroad Passenger Corporation, and any 
commuter authority (as defined in section 103(8) of the Rail 
Passenger Service Act). 
(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. 
SEC. 202. DISCRIMINATION. 
42 USC 12132. 
Subject to the provisions of this title, no qualified individual with 
a disability shall, by reeison 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. 
SEC. 203. ENFORCEMENT. 
42 USC 12133. 
The remedies, procedures, and rights set forth in section 505 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be the remedies, 
procedures, and rights this title provides to any person alleging 
discrimination on the basis of disability in violation of section 202. 
SEC. 204. REGULATIONS. 
42 USC 12134. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Attorney General shall promulgate regulations 
in an accessible format that implement this subtitle. Such regula-
tions shall not include any matter within the scope of the authority 
of the Secretary of Transportation under section 223, 229, or 244. 
104 STAT. 338 
PUBLIC LAW 101-336—JULY 26, 1990 
42 u s e 12131 
note. 
(b) RELATIONSHIP TO OTHER REGULATIONS.—Except for "program 
accessibility, existing facilities", and "communications", regulations 
under subsection (a) shall be consistent with this Act and with the 
coordination regulations under part 41 of title 28, Code of Federal 
Regulations (as promulgated by the Department of Health, Edu-
cation, and Welfare on January 13, 1978), applicable to recipients of 
Federal financial assistance under section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794). With respect to "program accessibility, 
existing facilities", and "communications", such regulations shall be 
consistent with regulations and analysis as in part 39 of title 28 of 
the Code of Federal Regulations, applicable to federally conducted 
activities under such section 504. 
(c) STANDARDS.—Regulations under subsection (a) shall include 
standards applicable to facilities and vehicles covered by this sub-
title, other than facilities, stations, rail passenger cars, and vehicles 
covered by subtitle B. Such standards shall be consistent with the 
minimum guidelines and requirements issued by the Architectural 
and Transportation Barriers Compliance Board in accordance with 
section 504(a) of this Act. 
SEC. 205. EFFECTIVE DATE. 
(a) GENERAL RULE.—Except as provided in subsection (b), this 
subtitle shall become effective 18 months after the date of enact-
ment of this Act. 
(b) EXCEPTION.—Section 204 shall become effective on the date of 
enactment of this Act. 
Subtitle B—Actions Applicable to Public 
Transportation Provided by Public Entities 
Considered Discriminatory 
PART I—PUBLIC TRANSPORTATION OTHER THAN 
BY AIRCRAFT OR CERTAIN RAIL OPERATIONS 
42 use 12141. 
SEC. 221. DEFINITIONS. 
As used in this part: 
(1) DEMAND RESPONSIVE SYSTEM.—The term "demand respon-
sive system" means any system of providing designated public 
transportation which is not a fixed route system. 
(2) DESIGNATED PUBUC TRANSPORTATION.—The term "des-
ignated public transportation" means transportation (other 
than public school transportation) by bus, rail, or any other 
conveyance (other than transportation by aircraft or intercity 
or commuter rail transportation (as defined in section 241)) that 
provides the general public with general or special service 
(including charter service) on a regular and continuing basis. 
(3) FIXED ROUTE SYSTEM.—The term "fixed route system" 
means a system of providing designated public transportation 
on which a vehicle is operated along a prescribed route accord-
ing to a fixed schedule. 
(4) OPERATES.—The term "operates", as used with respect to a 
fixed route system or demand responsive system, includes oper-
ation of such system by a person under a contractual or other 
arrangement or relationship with a public entity. 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 339 
(5) PuBUC SCHOOL TRANSPORTATION.—The term "public school 
transportation" means transportation by schoolbus vehicles of 
schoolchildren, personnel, and equipment to and from a public 
elementary or secondary school and school-related activities, 
(6) SECRETARY.—The term "Secretary" means the Secretary of 
Transportation. 
SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS. 
42 USC 12142. 
(a) PURCHASE AND LEASE OF NEW VEHICLES.—It shall be considered 
discrimination for purposes of section 202 of this Act and section 504 
of the Rehabilitation Act of 1973 (29 U.S.C. 794) 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 the effective 
date of this subsection and if such bus, rail vehicle, or other vehicle 
is not readily accessible to and usable by individuals with disabil-
ities, including individuals who use wheelchairs. 
(h) PURCHASE AND LEASE OF USED VEHICLES.—Subject to subsec-
tion (c)(1), it shall be considered discrimination for purposes of 
section 202 of this Act and section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794) for a public entity which operates a fixed route 
system to purchase or lease, after the 30th day following the effec-
tive date of this subsection, a used vehicle for use on such system 
unless such entity makes demonstrated good faith efforts to pur-
chase 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 202 of 
this Act and section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794) for a public entity which operates a fixed route 
system— 
(A) to remanufacture a vehicle for use on such system so 
as to extend its usable life for 5 years or more, which 
remanufacture begins (or for which the solicitation is made) 
after the 30th day following the effective date of this subsec-
tion; or 
(B) to purchase or lease for use on such system a remanu-
factured vehicle which has been remanufactured so as to 
extend its usable life for 5 years or more, which purchase or 
lesise occurs after such 30th day and during the period in 
which the usable life is extended; 
unless, after remanufacture, the vehicle is, to the maximum 
extent feasible, readily accessible to and usable by individuals 
with disabilities, including individuals who use wheelchairs. 
(2) EXCEPTION FOR HISTORIC VEHICLES.— 
(A) GENERAL RULE.—If a public entity operates a fixed 
route system any segment of which is included on the 
National Register of Historic Places and if making a vehicle 
of historic character to be used solely on such segment 
readily accessible to and usable by individuals with disabil-
ities would significantly alter the historic character of such 
vehicle, the public entity only has to make (or to purchase 
or lease a remanufactured vehicle with) those modifications 
which are necessary to meet the requirements of paragraph 
104 STAT. 340 
PUBLIC LAW 101-336—JULY 26, 1990 
(1) and which do not significantly alter the historic char-
acter of such vehicle. 
(B) VEHICLES OF HISTORIC CHARACTER DEFINED BY REGULA-
TIONS.—For purposes of this paragraph and section 228(b), a 
vehicle of historic character shall be defined by the regula-
tions issued by the Secretary to carry out this subsection. 
42 use 12143. 
SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE. 
(a) GENERAL RULE.—It shall be considered discrimination for pur-
poses of section 202 of this Act and section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794) 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 the 
effective date of this subsection, 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 oper-
ates 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 lift or other 
boarding assistance device), to board, ride, or disembark 
from any vehicle on the system which is readily accessible 
to and usable by individuals with disabilities; 
(ii) to any individual with a disability who needs the 
assistance of a wheelchair lift or other boarding assistance 
device (and is able with such assistance) to board, ride, and 
disembark from any vehicle which is readily accessible to 
and usable by individuals with disabilities if the individual 
wants to travel on a route on the system during the hours 
of operation of the system at a time (or within a reasonable 
period of such time) when such a vehicle is not being used 
to provide designated public transportation on the route; 
and 
(iii) to any individual with a disability who has a specific 
impairment-related condition which prevents such individ-
ual from traveling to a boarding location or from a dis-
embarking location on such system; 
(B) to one other individusil accompan5dng the individual 
with the disability; and 
(C) to other individuals, in addition to the one individual 
described in subparagraph (B), accompanying the individual 
with a disability provided that space for these additional 
individuals is available on the paratransit vehicle carrying 
"'f-Di -^j.^-
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 341 
the individual with a disability and that the transportation 
of such additional individuals will not result in a denial of 
service to individuals with disabilities. 
For purposes of clauses (i) and (ii) of subparagraph (A), boarding 
or disembarking from a vehicle does not include travel to the 
boarding location or from the disembarking location. 
(2) SERVICE AREA.—The regulations issued under this section 
shall require the provision of paratransit and special transpor-
tation services required under this section in the service area of 
each public entity which operates a fixed route system, other 
than any portion of the service area in which the public entity 
solely provides commuter bus service. 
(3) SERVICE CRITERIA.—Subject to paragraphs (1) and (2), the 
regulations issued under this section shall establish minimum 
service criteria for determining the level of services to be 
required under this section. 
(4) UNDUE FINANCIAL BURDEN LIMITATION.—The regulations 
issued under this section shall provide that, if the public entity 
is able to demonstrate to the satisfaction of the Secretary that 
the provision of paratransit and other special transportation 
services otherwise required under this section would impose an 
undue financial burden on the public entity, the public entity, 
notwithstanding any other provision of this section (other than 
paragraph (5)), shall only be required to provide such services to 
the extent that providing such services would not impose such a 
burden. 
(5) ADDITIONAL SERVICES.—The regulations issued under this 
section shall establish circumstances under which the Secretary 
may require a public entity to provide, notwithstanding para-
graph (4), paratransit and other special transportation services 
under this section beyond the level of paratransit and other 
special trsinsportation services which would otherwise be re-
quired under paragraph (4), 
(6) PUBLIC PARTICIPATION,—The regulations issued under this 
section shall require that each public entity which operates a 
fixed route system hold a public hearing, provide an oppor-
tunity for public comment, and consult with individuals with 
disabilities in preparing its plan under paragraph (7). 
(7) PLANS.—The regulations issued under this section shall 
require that each public entity which operates a fixed route 
system— 
(A) within 18 months after the effective date of this 
subsection, submit to the Secretary, and commence im-
plementation of, a plan for providing paratransit and other 
special transportation services which meets the require-
ments of this section; and 
(B) on an annual basis thereafter, submit to the Sec-
retary, and commence implementation of, a plan for provid-
ing such services. 
(8) PROVISION OF SERVICES BY OTHERS.—The regulations issued 
under this section shall— 
(A) require that a public entity submitting a plan to the 
Secretary under this section identify in the plan any person 
or other public entity which is providing a paratransit or 
other special transportation service for individuals with 
disabilities in the service area to which the plan applies; 
and 
104 STAT. 342 
PUBLIC LAW 101-336—JULY 26, 1990 
(B) provide that the public entity submitting the plan 
does not have to provide under the plan such service for 
individuals with disabilities. 
(9) OTHER PROVISIONS.—The regulations issued under this sec-
tion shall include such other provisions and requirements as the 
Secretary determines are necessary to carry out the objectives 
of this section. 
(d) REVIEW OF PLAN.— 
(1) GENERAL RULE.—The Secretary shall review a plan submit-
ted under this section for the purpose of determining whether 
or not such plan meets the requirements of this section, includ-
ing the regulations issued under this section. 
(2) DISAPPROVAL.—If the Secretary determines that a plan 
reviewed under this subsection fails to meet the requirements of 
this section, the Secretary shall disapprove the plan and notify 
the public entity which submitted the plan of such disapproval 
and the reasons therefor. 
(3) MODIFICATION OF DISAPPROVED PLAN.—Not later than 90 
days after the date of disapproval of a plan under this subsec-
tion, the public entity which submitted the plan shall modify 
the plan to meet the requirements of this section and shall 
submit to the Secretary, and commence implementation of, such 
modified plan. 
(e) DISCRIMINATION DEFINED.—As used in subsection (a), the term 
"discrimination" includes— 
(1) a failure of a public entity to which the regulations issued 
under this section apply to submit, or commence implementa-
tion of, a plan in accordance with subsections (c)(6) and (c)(7); 
(2) a failure of such entity to submit, or commence im-
plementation of, a modified plan in accordance with subsection 
(d)(3); 
(3) submission to the Secretary of a modified plan under 
subsection (d)(3) which does not meet the requirements of this 
section; or 
(4) a failure of such entity to provide paratransit or other 
special transportation services in accordance with the plan or 
modified plan the public entity submitted to the Secretary 
under this section. 
(f) STATUTORY CONSTRUCTION.—Nothing in this section shall be 
construed £is preventing a public entity— 
(1) from providing paratransit or other special transportation 
services at a level which is greater than the level of such 
services which are required by this section, 
(2) from providing paratransit or other special transportation 
services in addition to those paratransit and special transpor-
tation services required by this section, or 
(3) from providing such services to individuals in addition to 
those individuals to whom such services are required to be 
provided by this section. 
42 use 12144. 
SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM. 
If a public entity operates a demand responsive system, it shall be 
considered discrimination, for purposes of section 202 of this Act and 
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 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 the effec-
tive date of this section, that is not readily accessible to and usable 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 343 
by individuals with disabilities, including individuals who use 
wheelchairs, unless such system, when viewed in its entirety, pro-
vides a level of service to such individuals equivalent to the level of 
service such system provides to individuals without disabilities. 
SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE. 
42 USC 12145. 
(a) GRANTING.—With respect to the purchase of new buses, a 
public entity may apply for, and the Secretary may temporarily 
relieve such public entity from the obligation under section 222(a) or 
224 to purchase new buses that are readily accessible to and usable 
by individuals with disabilities if such public entity demonstrates to 
the satisfaction of the Secretary— 
(1) that the initial solicitation for new buses made by the 
public entity specified that all new buses were to be lift-
equipped and were to be otherwise accessible to and usable by 
individuals with disabilities; 
(2) the unavailability from any qualified manufacturer of 
hydraulic, electromechanical, or other lifts for such new buses; 
(3) that the public entity seeking temporary relief has made 
good faith efforts to locate a qualified manufacturer to supply 
the lifts to the manufacturer of such buses in sufficient time to 
comply with such solicitation; and 
(4) that any further delay in purchasing new buses necessary 
to obtain such lifts would significantly impair transportation 
services in the community served by the public entity. 
(b) DURATION AND NOTICE TO CONGRESS.—Any relief granted under 
subsection (a) shall be limited in duration by a specified date, and 
the appropriate committees of Congress shall be notified of any such 
relief granted. 
(c) FRAUDULENT APPUCATION.—If, at any time, the Secretary has 
reasonable cause to believe that any relief granted under subsection 
(a) was fraudulently applied for, the Secretary shall— 
(1) cancel such relief if such relief is still in effect; and 
(2) take such other action as the Secretary considers 
appropriate. 
SEC. 226. NEW FACILITIES. 
42 USC 12146. 
For purposes of section 202 of this Act and section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), 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. 
SEC. 227. ALTERATIONS OF EXISTING FACILITIES. 
42 USC 12147. 
(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 202 of this Act and section 504 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794), 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 
104 STAT. 344 
PUBLIC LAW 101-336—JULY 26, 1990 
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 al-
tered 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 202 of this Act 
and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 
it shall be considered discrimination for a public entity that 
provides designated public transportation to fail, in accordance 
with the provisions of this subsection, to make key stations (as 
determined under criteria established by the Secretary by regu-
lation) in rapid rail and light rail systems readily accessible to 
and usable by individuals with disabilities, including individuals 
who use wheelchairs. 
(2) RAPID RAIL AND UGHT RAIL KEY STATIONS.— 
(A) ACCESSIBILITY.—Except as otherwise provided in this 
paragraph, all key stations (as determined under criteria 
established by the Secretary by regulation) in rapid rail and 
light rail systems shall be made readily accessible to and 
usable by individuals with disabilities, including individuals 
who use wheelchairs, as soon as practicable but in no event 
later than the last day of the 3-year period beginning on the 
effective date of this paragraph. 
(B) EXTENSION FOR EXTRAORDINARILY EXPENSIVE STRUC-
TURAL CHANGES.—The Secretary may extend the 3-year 
period under subparagraph (A) up to a 30-year period for 
key stations in a rapid rail or light rail system which 
stations need extraordinarily expensive structural changes 
to, or replacement of, existing facilities; except that by the 
last day of the 20th year following the date of the enact-
ment of this Act at least % of such key stations must be 
readily accessible to and usable by individuals with disabil-
ities. 
(3) PLANS AND MILESTONES.—The Secretary shall require the 
appropriate public entity to develop and submit to the Secretary 
a plan for compliance with this subsection— 
(A) that reflects consultation with individuals with 
disabilities affected by such plan and the results of a public 
hearing and public comments on such plan, and 
(B) that establishes milestones for achievement of the 
requirements of this subsection. 
42 u s e 12148. 
SEC. 228. PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN 
EXISTING FACILITIES AND ONE CAR PER TRAIN RULE. 
(a) PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXIST-
ING FACIUTIES.— 
(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 202 of this 
Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 345 
794), 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 wheel-
chairs, unless and to the extent required by section 227(a) 
(relating to alterations) or section 227(b) (relating to key sta-
tions). 
(3) UTIUZATION.—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 by a light or rapid rail 
system, for purposes of section 202 of this Act and section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be consid-
ered discrimination for a public entity to fail to have at least 1 
vehicle per train that is accessible to individuals with disabil-
ities, including individuals who use wheelchairs, as soon as 
practicable but in no event later than the last day of the 5-year 
period beginning on the effective date of this section. 
(2) HISTORIC TRAINS.—In order to comply with paragraph (1) 
with respect to the remanufacture of a vehicle of historic char-
acter which is to be used on a segment of a light or rapid rail 
system which is included on the National Register of Historic 
Places, if making such vehicle readily accessible to and usable 
by individuals with disabilities would significantly alter the 
historic character of such vehicle, the public entity which oper-
ates such system only has to make (or to purchase or lease a 
remanufactured vehicle with) those modifications which are 
necessary to meet the requirements of section 222(cXl) and 
which do not significantly alter the historic character of such 
vehicle. 
SEC. 229. REGULATIONS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation shall issue regula-
tions, in an accessible format, necessary for carrying out this part 
(other than section 223). 
(b) STANDARDS.—The regulations issued under this section and 
section 223 shall include standards applicable to facilities and ve-
hicles covered by this subtitle. The standards shall be consistent 
with the minimum guidelines and requirements issued by the Ar-
chitectural and Transportation Barriers Compliance Board in 
accordance with section 504 of this Act. 
SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS. 
If final regulations have not been issued pursuant to section 229, 
for new construction or alterations for which a valid and appro-
priate State or local building permit is obtained prior to the issuance 
of final regulations under such section, and for which the construc-
tion or alteration authorized by such permit begins within one year 
of the receipt of such permit and is completed under the terms of 
42 use 12149. 
42 use 12150. 
104 STAT. 346 
PUBLIC LAW 101-336—JULY 26, 1990 
42 use 12141 
note. 
42 use 12161. 
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 
226 and 227, 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 504(a) of this Act, 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. 
SEC. 231. EFFECTIVE DATE. 
(a) GENERAL RULE.—Except as provided in subsection (b), this part 
shall become effective 18 months after the date of enactment of this 
Act. 
0)) EXCEPTION.—Sections 222, 228 (other than subsection (a)), 224, 
225, 227(b), 228(b), and 229 shall become effective on the date of 
enactment of this Act. 
PART II~PUBLIC TRANSPORTATION BY 
INTERCITY AND COMMUTER RAIL 
SEC. 241. DEFINITIONS. 
As used in this part: 
(1) COMMUTER AUTHORITY.—The term "commuter authority" 
has the meaning given such term in section 103(8) of the Rail 
Passenger Service Act (45 U.S.C. 502(8)). 
(2) COMMUTER RAIL TRANSPORTATION.—The term "commuter 
rail transportation" has the meaning given the term "com-
muter service" in section 103(9) of the Rail Passenger Service 
Act (45 U.S.C. 502(9)). 
(3) INTERCITY RAIL TRANSPORTATION.—The term "intercity rail 
transportation" means transportation provided by the National 
Railroad Passenger Corporation. 
(4) RAIL PASSENGER CAR.—The term "rail passenger car" 
means, with respect to intercity rail transportation, single-level 
and bi-level coach cars, single-level and bi-level dining cars, 
single-level and bi-level sleeping cars, single-level and bi-level 
lounge cars, and food service cars. 
(5) RESPONSIBLE PERSON.—The term "responsible person" 
means— 
(A) in the case of a station more than 50 percent of which 
is owned by a public entity, such public entity; 
(B) in the case of a station more than 50 percent of which 
is owned by a private party, the persons providing intercity 
or commuter rail transportation to such station, as allo-
cated on an equitable basis by regulation by the Secretary 
of Transportation; and 
(C) in a case where no party owns more than 50 percent of 
a station, the persons providing intercity or commuter rail 
transportation to such station and the owners of the sta-
tion, other than private party owners, as allocated on an 
equitable basis by regulation by the Secretary of Transpor-
. 
tation. 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 347 
(6) STATION.—The term "station" means the portion of a 
property located appurtenant to a right-of-way on which inter-
city or commuter rail transportation is operated, where such 
portion is used by the general public and is related to the 
provision of such transportation, including passenger platforms, 
designated waiting areas, ticketing areas, restrooms, and, where 
a public entity providing rail transportation owns the property, 
concession areas, to the extent that such public entity exercises 
control over the selection, design, construction, or alteration of 
the property, but such term does not include flag stops. 
SEC. 242. INTERCITY A
N
D COMMUTER RAIL ACTIONS CONSIDERED 42 USC 12162. 
DISCRIMINATORY. 
(a) INTERCITY RAIL TRANSPORTATION.— 
(1) ONE CAR PER TRAIN RULE.—It shall be considered discrimi-
nation for purposes of section 202 of this Act and section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794) 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 sec-
tion 244, as soon as practicable, but in no event later than 5 
years after the date of enactment of this Act. 
(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 
202 of this Act and section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794) for a person to purchase or lease any 
new rail passenger cars for use in intercity rail transpor-
tation, and for which a solicitation is made later than 30 
days after the effective date of this section, unless all such 
rail cars are readily accessible to and usable by individuals 
with disabilities, including individuals who use wheel-
chairs, as prescribed by the Secretary of Transportation in 
regulations issued under section 244. 
(B) SPECIAL RULE FOR SINGLE-LEVEL PASSENGER COACHES 
FOR INDIVIDUALS WHO USE WHEELCHAIRS.—Single-level pas-
senger coaches shall be required to— 
(i) be able to be entered by an individual who uses a 
wheelchair; 
(ii) have space to park and secure a wheelchair; 
(iii) have a seat to which a passenger in a wheelchair 
can transfer, and a space to fold and store such pas-
senger's wheelchair; and 
(iv) have a restroom usable by an Individual who uses 
a wheelchair, 
only to the extent provided in paragraph (3). 
(C) SPECIAL RULE FOR SINGLE-LEVEL DINING CARS FOR 
INDIVIDUALS WHO USE WHEELCHAIRS.—Single-levcl dining 
cars shall not be required to— 
(i) be able to be entered from the station platform by 
an individual who uses a wheelchair; or 
(ii) have a restroom usable by an individual who uses 
a wheelchair if no restroom is provided in such car for 
any passenger. 
104 STAT. 348 
PUBLIC LAW 101-336—JULY 26, 1990 
(D) SPECIAL RULE FOR BI-LEVEL DINING CARS FOR INDIVID-
UALS WHO USE WHEELCHAIRS.—Bi-lcvel dining cars shall not 
be required to— 
(i) be able to be entered by an individual who uses a 
wheelchair; 
(ii) have space to park and secure a wheelchair; 
(iii) have a seat to which a passenger in a wheelchair 
can transfer, or a space to fold and store such pas-
senger's wheelchair; or 
(iv) have a restroom usable by an individual who uses 
a wheelchair. 
(3) ACCESSIBIUTY OF SINGLE-LEVEL COACHES.— 
(A) GENERAL RULE.—It shall be considered discrimination 
for purposes of section 202 of this Act and section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who 
provides intercity rail transportation to fail to have on each 
train which includes one or more single-level rail passenger 
coaches— 
(i) a number of spaces— 
(I) to park and secure wheelchairs (to accommo-
date individuals who wish to remain in their 
wheelchairs) equal to not less than one-half of the 
number of single-level rail passenger coaches in 
such train; and 
(II) to fold and store wheelchairs (to accommo-
date individuals who wish to transfer to coach 
seats) equal to not less than one-half of the number 
of single-level rail passenger coaches in such train, 
£is soon as practicable, but in no event later than 5 
years after the date of enactment of this Act; and 
(ii) a number of spaces— 
(I) to park and secure wheelchairs (to accommo-
date individuals who wish to remain in their 
wheelchairs) equal to not less than the total 
number of single-level rail passenger coaches in 
such train; and 
(II) to fold and store wheelchairs (to accommo-
date individuals who wish to transfer to coach 
seats) equal to not less than the total number of 
single-level rail passenger coaches in such train, 
as soon as practicable, but in no event later than 1() 
years after the date of enactment of this Act. 
(B) LOCATION.—Spaces required by subparagraph (A) 
shall be located in single-level rail passenger coaches or 
food service cars. 
(C) LIMITATION.—Of the number of spaces required on a 
train by subparagraph (A), not more than two spaces to 
park and secure wheelchairs nor more than two spaces to 
fold and store wheelchairs shall be located in any one coach 
or food service car. 
(D) OTHER ACCESSIBIUTY FEATURES.—Single-level rail pas-
senger coaches and food service cars on which the spaces 
required by subparagraph (A) are located shall have a 
restroom usable by an individual who uses a wheelchair 
and shall be able to be entered from the station platform by 
an individual who uses a wheelchair. 
(4) FOOD SERVICE.— 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 349 
(A) SINGLE-LEVEL DINING CARS.—On any train in which a 
single-level dining car is used to provide food service— 
(i) if such single-level dining car was purchased after 
the date of enactment of this Act, table service in such 
car shall be provided to a passenger who uses a wheel-
chair if— 
(I) the car adjacent to the end of the dining car 
through which a wheelchair may enter is itself 
accessible to a wheelchair; 
(II) such passenger can exit to the platform from 
the car such passenger occupies, move down the 
platform, and enter the adjacent accessible car 
described in subclause (I) without the necessity of 
the train being moved within the station; and 
(III) space to park and secure a wheelchair is 
available in the dining car at the time such pas-
senger wishes to eat (if such passenger wishes to 
remain in a wheelchair), or space to store and fold 
a wheelchair is available in the dining car at the 
time such passenger wishes to eat (if such pas-
senger wishes to transfer to a dining car seat); and 
(ii) appropriate auxiliary aids and services, including 
a hard surface on which to eat, shall be provided to 
ensure that other equivalent food service is available to 
individuals with disabilities, including individuals who 
use wheelchairs, and to passengers traveling with such 
individuals. 
Unless not practicable, a person providing intercity rail 
transportation shall place an accessible car adjacent to the 
end of a dining car described in clause (i) through which an 
individual who uses a wheelchair may enter. 
(B) Bi-LEVEL DINING CARS.—On any train in which a bi-
level dining car is used to provide food service— 
(i) if such train includes a bi-level lounge car pur-
chased after the date of enactment of this Act, table 
service in such lounge car shall be provided to individ-
uals who use wheelchairs and to other passengers; and 
(ii) appropriate auxiliary aids and services, including 
a hard surface on which to eat, shall be provided to 
ensure that other equivalent food service is available to 
individuals with disabilities, including individuals who 
use wheelchairs, and to passengers traveling with such 
individuals, 
(b) CoMMUtER RAIL TRANSPORTATION.— 
(1) ONE CAR PER TRAIN RULE.—It shall be considered discrimi-
nation for purposes of section 202 of this Act and section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who 
provides commuter 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 244, as soon as practicable, but in no event later 
than 5 years after the date of enactment of this Act. 
(2) NEW COMMUTER RAIL CARS.— 
(A) GENERAL RULE.—It shall be considered discrimination 
for purposes of section 202 of this Act and section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to 
104 STAT. 350 
PUBLIC LAW 101-336—JULY 26, 1990 
purchase or lease any new rail passenger cars for use in 
commuter rail transportation, and for which a solicitation 
is made later than 30 days after the effective date of this 
section, unless all such rail cars are readily accessible to 
and usable by individuals with disabilities, including 
individuals who use wheelchairs, as prescribed by the Sec-
retary of Transportation in regulations issued under section 
244. 
(B) AccEssiBiUTY.—For purposes of section 202 of this Act 
and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
794), a requirement that a rail passenger car used in com-
muter rail transportation be accessible to or readily acces-
sible to and usable by individuals with disabilities, 
including individuals who use wheelchairs, shall not be 
construed to require— 
(i) a restroom usable by an individual who uses a 
wheelchair if no restroom is provided in such car for 
any passenger; 
(ii) space to fold and store a wheelchair; or 
(iii) a seat to which a passenger who uses a wheel-
chair can transfer. 
(c) USED RAIL CARS.—It shall be considered discrimination for 
purposes of section 202 of this Act and section 504 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794) for a person to purchase or lease a 
used rail passenger car for use in intercity or commuter rail 
transportation, unless such person makes demonstrated good faith 
efforts to purchase or lease a used rail car that is readily accessible 
to and usable by individuals with disabilities, including individuals 
who use wheelchairs, as prescribed by the Secretary of Transpor-
tation in regulations issued under section 244. 
(d) REMANUFACTURED RAIL CARS.— 
(1) REMANUFACTURING.—It shall be considered discrimination 
for purposes of section 202 of this Act and section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to re-
manufacture a rail passenger car for use in intercity or com-
muter rail transportation so as to extend its usable life for 10 
years or more, unless the rail car, to the maximum extent 
feasible, is made 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 244. 
(2) PURCHASE OR LEASE.—It shall be considered discrimination 
for purposes of section 202 of this Act and section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to pur-
chase or lease a remanufactured rail passenger car for use in 
intercity or commuter rail transportation unless such car was 
remanufactured in accordance with paragraph (1). 
(e) STATIONS.— 
(1) NEW STATIONS.—It shall be considered discrimination for 
purposes of section 202 of this Act and section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to build a 
new station for use in intercity or commuter rail transportation 
that is not readily accessible to and usable by individuals with 
disabilities, including individuals who use wheelchairs, as pre-
scribed by the Secretary of Transportation in regulations issued 
under section 244. 
(2) EXISTING STATIONS.— 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 351 
(A) FAILURE TO MAKE READILY ACCESSIBLE.— 
(i) GENERAL RULE.—It shall be considered discrimina-
tion for purposes of section 202 of this Act and section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for 
a responsible person to fail to make existing stations in 
the intercity rail transportation system, and existing 
key stations in commuter rail transportation systems, 
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 244. 
(li) PERIOD FOR COMPLIANCE.— 
(I) INTERCITY RAIL.—All stations in the intercity 
rail transportation system shall be made readily 
accessible to and usable by individuals with disabil-
ities, including individuals who use wheelchairs, as 
soon as practicable, but in no event later than 20 
years after the date of enactment of this Act. 
(II) COMMUTER RAIL.—Key stations in commuter 
rail transportation systems shall be made readily 
accessible to and usable by individuals with disabil-
ities, including individuals who use wheelchairs, as 
soon as practicable but in no event later than 3 
years after the date of enactment of this Act, 
except that the time limit may be extended by the 
Secretary of Transportation up to 20 years after 
the date of enactment of this Act in a case where 
the raising of the entire passenger platform is the 
only means available of attaining accessibility or 
where other extraordinarily expensive structural 
changes are necessary to attain accessibility. 
(iii) DESIGNATION OF KEY STATIONS.—Each commuter 
authority shall designate the key stations in its com-
muter rail transportation system, in consultation with 
individuals with disabilities and organizations rep-
resenting such individuals, taking into consideration 
such factors as high ridership and whether such station 
serves as a transfer or feeder station. Before the final 
designation of key stations under this clause, a com-
muter authority shall hold a public hearing. 
(iv) 
PLANS AND MILESTONES.—The Secretary 
of 
Transportation shall require the appropriate person to 
develop a plan for carrying out this subparagraph that 
reflects consultation with individuals with disabilities 
affected by such plan and that establishes milestones 
for 
achievement 
of the requirements 
of this 
subparagraph. 
(B) REQUIREMENT WHEN MAKING ALTERATIONS.— 
(i) GENERAL RULE.—It shall be considered discrimina-
tion, for purposes of section 202 of this Act and section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 
with respect to alterations of an existing station or 
part thereof in the intercity or commuter rail transpor-
tation systems that affect or could affect the usability 
of the station or part thereof, for the responsible 
person, owner, or person in control of the station to fail 
to make the alterations in such a manner that, to the 
39-194 O - 91 - 13 : QL 3 Part 1 
104 STAT. 352 
PUBLIC LAW 101-336—JULY 26, 1990 
42 use 12163. 
42 use 12164. 
42 use 12165. 
maximum extent feasible, the altered portions of the 
station are readily accessible to and usable by individ-
uals with disabilities, including individuals who use 
wheelchairs, upon completion of such alterations. 
(ii) ALTERATIONS TO A PRIMARY FUNCTION AREA.—It 
shall be considered discrimination, for purposes of sec-
tion 202 of this Act and section 504 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794), with respect to alter-
ations that affect or could affect the usability of or 
access to an area of the station containing a primary 
function, for the responsible person, owner, or person 
in control of the station to fail to make the alterations 
in such a manner that, to the maximum extent fea-
sible, 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). 
(C) REQUIRED 
COOPERATION.—It shall be considered 
discrimination for purposes of section 202 of this Act and 
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) 
for an owner, or person in control, of a station governed by 
subparagraph (A) or (B) to fail to provide reasonable co-
operation to a responsible person with respect to such 
station in that responsible person's efforts to comply with 
such subparagraph. An owner, or person in control, of a 
station shall be liable to a responsible person for any failure 
to provide reasonable cooperation as required by this 
subparagraph. Failure to receive reasonable cooperation 
required by this subparagraph shall not be a defense to a 
claim of discrimination under this Act. 
SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS. 
Accessibility standards included in regulations issued under this 
part shall be consistent with the minimum guidelines issued by the 
Architectural and Transportation Barriers Compliance Board under 
section 504(a) of this Act. 
SEC. 244. REGULATIONS. 
Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall issue regulations, in an accessible 
format, necessary for carrying out this part. 
SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS. 
(a) STATIONS.—If final regulations have not been issued pursuant 
to section 244, 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 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 353 
issued shall suffice to satisfy the requirement that stations be 
readily accessible to and usable by persons with disabilities as 
required under section 242(e), except that, if such final regulations 
have not been issued one year after the Architectural and Transpor-
tation Barriers Compliance Board has issued the supplemental mini-
mum guidelines required under section 504(a) of this Act, 
compliance with such supplemental minimum guidelines shall be 
necessary to satisfy the requirement that stations be readily acces-
sible to and usable by persons with disabilities prior to issuance of 
the final regulations. 
(b) RAIL PASSENGER CARS.—If final regulations have not been 
issued pursuant to section 244, a person shall be considered to have 
complied with the requirements of section 242 (a) through (d) that a 
rail passenger car be readily accessible to and usable by individuals 
with disabilities, if the design for such car complies with the laws 
and regulations (including the Minimum Guidelines and Require-
ments for Accessible Design and such supplemental minimum guide-
lines as are issued under section 504(a) of this Act) governing 
accessibility of such cars, to the extent that such laws and regula-
tions are not inconsistent with this part and are in effect at the time 
such design is substantially completed. 
SEC. 246. EFFECTIVE DATE. 
(a) GENERAL RULE.—Except as provided in subsection (b), this part 
shall become effective 18 months after the date of enactment of this 
Act. 
(b) EXCEPTION.—Sections 242 and 244 shall become effective on the 
date of enactment of this Act. 
42 use 12161 
note. 
TITLE 
III—PUBLIC ACCOMMODATIONS 
AND SERVICES OPERATED BY PRIVATE 
ENTITIES 
SEC. 301. DEFINITIONS. 
As used in this title: 
(1) COMMERCE.—The term "commerce" means travel, trade, 
traffic, commerce, transportation, or communication— 
(A) among the several States; 
(B) between any foreign country or any territory or 
possession and any State; or 
(C) between points in the same State but through another 
State or foreign country. 
(2) COMMERCIAL FACILITIES.—The term "commercial facilities" 
means facilities— 
(A) that are intended for nonresidential use; and 
(B) whose operations will affect commerce. 
Such term shall not include railroad locomotives, railroad 
freight cars, railroad cabooses, railroad cars described in section 
242 or covered under this title, railroad rights-of-way, or facili-
ties that are covered or expressly exempted from coverage 
under the Fair Housing Act of 1968 (42 U.S.C. 3601 et seq.). 
(3) DEMAND RESPONSIVE SYSTEM.—The term "demand respon-
sive system" means any system of providing transportation of 
individuals by a vehicle, other than a system which is a fixed 
route system. 
42 u s e 12181. 
104 STAT. 354 
PUBLIC LAW 101-336—JULY 26, 1990 
(4) FIXED ROUTE SYSTEM.—The term "fixed route system" 
means a system of providing transportation of individuals (other 
than by aircraft) on which a vehicle is operated along a pre-
scribed route according to a fixed schedule. 
(5) OVER-THE-ROAD BUS.—The term "over-the-road bus" means 
a bus characterized by an elevated passenger deck located over 
a baggage compartment. 
(6) PRIVATE ENTITY.—The term "private entity" means any 
entity other than a public entity (as defined in section 201(1)). 
(7) PuBuc ACCOMMODATION.—The foUowing private entities 
are considered public accommodations for purposes of this title, 
if the operations of such entities affect commerce— 
(A) an inn, hotel, motel, or other place of lodging, except 
for an establishment located within a building that contains 
not more than five rooms for rent or hire and that is 
actually occupied by the proprietor of such establishment 
as the residence of such proprietor; 
(B) a restaurant, bar, or other establishment serving food 
or drink; 
(C) a motion picture house, theater, concert hall, stadium, 
or other place of exhibition or entertainment; 
(D) an auditorium, convention center, lecture hall, or 
other place of public gathering; 
(E) a bakery, grocery store, clothing store, hardware 
store, shopping center, or other sales or rental establish-
ment; 
(F) a laundromat, dry-cleaner, bank, barber shop, beauty 
shop, travel service, shoe repair service, funeral parlor, gas 
station, office of an accountant or lawyer, pharmacy, insur-
ance office, professional office of a health care provider, 
hospital, or other service establishment; 
(G) a terminal, depot, or other station used for specified 
public transportation; 
(H) a museum, library, gallery, or other place of public 
display or collection; 
(I) a park, zoo, amusement park, or other place of 
recreation; 
(J) a nursery, elementary, secondary, undergraduate, or 
postgraduate private school, or other place of education; 
(K) a day care center, senior citizen center, homeless 
shelter, food bank, adoption agency, or other social service 
center establishment; and 
(L) a gymnasium, health spa, bowling alley, golf course, 
or other place of exercise or recreation. 
(8) RAIL AND RAILROAD.—The terms "rail" and "railroad" 
have the meaning given the term "railroad" in section 202(e) of 
the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)). 
(9) READILY ACHIEVABLE.—The term "readily achievable" 
means easily accomplishable and able to be carried out without 
much difficulty or expense. In determining whether an action is 
readily achievable, factors to be considered include— 
(A) the nature and cost of the action needed under this 
Act; 
(B) the overall financial resources of the facility or facili-
ties involved in the action; the number of persons employed 
at such facility; the effect on expenses and resources, or the 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 355 
impact otherwise of such action upon the operation of the 
facility; 
(C) the overall financial resources of the covered entity; 
the overall size of the business of a covered entity with 
respect to the number of its employees; the number, type, 
and location of its facilities; and 
(D) the type of operation or operations of the covered 
entity, including the composition, structure, and functions 
of the workforce of such entity; the geographic separate-
ness, administrative or fiscal relationship of the facility or 
facilities in question to the covered entity. 
(10) SPECIFIED PUBLIC TRANSPORTATION.—The term "specified 
public transportation" means transportation by bus, rail, or any 
other conveyance (other than by aircraft) that provides the 
general public with general or special service (including charter 
service) on a regular and continuing basis. 
(11) VEHICLE.—The term "vehicle" does not include a rail 
passenger car, railroad locomotive, railroad freight car, railroad 
caboose, or a railroad car described in section 242 or covered 
under this title. 
SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODA- 
42 USC 12182. 
TIONS. 
(a) GENERAL RULE.—No individual shall be discriminated against 
on the basis of disability in the full and equal enjoyment of the 
goods, services, facilities, privileges, advantages, or accommodations 
of any place of public accommodation by any person who owns, 
leases (or leases to), or operates a place of public accommodation. 
(b) CONSTRUCTION.— 
(1) GENERAL PROHIBITION.— 
(A) ACTIVITIES.— 
(i) DENIAL OF PARTICIPATION.—It shall be discrimina-
tory to subject an individual or class of individuals on 
the basis of a disability or disabilities of such individual 
or class, directly, or through contractual, licensing, or 
other arrangements, to a denial of the opportunity of 
the individual or class to participate in or benefit from 
the goods, services, facilities, privileges, advantages, or 
accommodations of an entity. 
(ii) PARTICIPATION IN UNEQUAL BENEFIT.—It shall be 
discriminatory to afford an individual or clas9 of 
individuals, on the basis of a disability or disabilities of 
such individual or class, directly, or through contrac-
tual, licensing, or other arrangements with the oppor-
tunity to participate in or benefit from a good, service, 
facility, privilege, advantage, or accommodation that is 
not equal to that afforded to other individuals. 
(iii) SEPARATE BENEFIT.—It shall be discriminatory to 
provide an individual or class of individuals, on the 
basis of a disability or disabilities of such individual or 
class, directly, or through contractual, licensing, or 
other arrangements with a good, service, facility, privi-
lege, advantage, or accommodation that is different or 
separate from that provided to other individuals, unless 
such action is necessary to provide the individual or 
class of individuals with a good, service, facility, privi-
104 STAT. 356 
PUBLIC LAW 101-336—JULY 26, 1990 
lege, advantage, or accommodation, or other oppor-
tunity that is £is effective as that provided to others. 
(iv) INDIVIDUAL OR CLASS OF INDIVIDUALS.—For pur-
poses of clauses (i) through (iii) of this subparagraph, 
the term "individual or class of individuals refers to 
the clients or customers of the covered public accommo-
dation that enters into the contractual, licensing or 
other arrangement. 
(B) INTEGRATED SETTINGS.—Goods, services, facilities, 
privileges, advantages, and accommodations shall be af-
forded to an individual with a disability in the most in-
tegrated setting appropriate to the needs of the individual. 
(C) OPPORTUNITY TO PARTICIPATE.—Notwithstanding the 
existence of separate or different progrsims or activities 
provided in accordance with this section, an individual with 
a disability shsill not be denied the opportunity to partici-
pate in such programs or activities that are not separate or 
different. 
(D) ADMINISTRATIVE METHODS.—An individual or entity 
shall not, directly or through contractual or other arrange-
ments, utilize standards or criteria or methods of adminis-
tration— 
(i) that have the effect of discriminating on the basis 
of disability; or 
(ii) that perpetuate the discrimination of others who 
are subject to common administrative control. 
(E) ASSOCIATION.—It shall be discriminatory to exclude or 
otherwise deny equal goods, services, facilities, privileges, 
advantages, accommodations, or other opportunities to an 
individual or entity because of the known disability of an 
individual with whom the individual or entity is known to 
have a relationship or association. 
(2) SPECIFIC PROHIBITIONS.— 
(A) DISCRIMINATION.—For purposes of subsection (a), 
discrimination includes— 
(i) the imposition or application of eligibility criteria 
that screen out or tend to screen out an individual with 
a disability or any class of individuals with disabilities 
from fully and equally enjo5dng any goods, services, 
facilities, privileges, advantages, or accommodations, 
unless such criteria can be shown to be necessary for 
the provision of the goods, services, facilities, privileges, 
advantages, or accommodations being offered; 
(ii) a failure to make reasonable modifications in 
policies, practices, or procedures, when such modifica-
tions are necessary to afford such goods, services, facili-
ties, privileges, advantages, or accommodations to 
individuals with disabilities, unless the entity can dem-
onstrate that making such modifications would fun-
damentally alter the nature of such goods, services, 
facilities, privileges, advantages, or accommodations; 
(iii) a failure to take such steps £is may be necessary 
to ensure that no individual with a disability is ex-
cluded, denied services, segregated or otherwise treated 
differently than other individuals because of the ab-
sence of auxiliary aids and services, unless the entity 
can demonstrate that taking such steps would fun-
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 357 
damentally alter the nature of the good, service, facil-
ity, privilege, advantage, or accommodation being of-
fered or would result in an undue burden; 
(iv) a failure to remove architectural barriers, and 
communication barriers that are structural in nature, 
in existing facilities, and transportation barriers in 
existing vehicles and rail passenger cars used by an 
establishment for transporting individuals (not includ-
ing barriers that can only be removed through the 
retrofitting of vehicles or rail passenger cars by the 
installation of a hydraulic or other lift), where such 
removal is readily achievable; and 
(v) where an entity can demonstrate that the removal 
of a barrier under clause (iv) is not readily achievable, a 
failure to make such goods, services, facilities, privi-
leges, 
advantages, 
or accommodations 
available 
through alternative methods if such methods are read-
ily achievable. 
(B) FIXED ROUTE SYSTEM.— 
(i) ACCESSIBIUTY.—It shall be considered discrimina-
tion for a private entity which operates a fixed route 
system and which is not subject to section 304 to pur-
chase or lease a vehicle with a seating capacity in 
excess of 16 passengers (including the driver) for use on 
such system, for which a solicitation is made after the 
80th day following the effective date of this subpara-
graph, that is not readily accessible to and usable by 
individuals with disabilities, including individuals who 
use wheelchairs. 
(ii) EQUIVALENT SERVICE.—If a private entity which 
operates a fixed route system and which is not subject 
to section 304 purchases or leases a vehicle with a 
seating capacity of 16 passengers or less (including the 
driver) for use on such system after the effective date of 
this subparagraph that is not readily accessible to or 
usable by individuals with disabilities, it shall be 
considered discrimination for such entity to fail to 
operate such system so that, when viewed in its en-
tirety, such system ensures a level of service to individ-
uals with disabilities, including individuals who use 
wheelchairs, equivalent to the level of service provided 
to individuals without disabilities. 
(C) DEMAND RESPONSIVE SYSTEM.—For purposes of subsec-
tion (a), discrimination includes— 
(i) a failure of a private entity which operates a 
demand responsive system and which is not subject to 
section 304 to operate such system so that, when 
viewed in its entirety, such system ensures a level of 
service to individuals with disabilities, including 
individuals who use wheelchairs, equivalent to the 
level of service provided to individuals without disabil-
ities; and 
(ii) the purchase or lease by such entity for use on 
such system of a vehicle with a seating capacity in 
excess of 16 passengers (including the driver), for which 
solicitations are made after the 30th day following the 
effective date of this subparagraph, that is not readily 
104 STAT. 358 
PUBLIC LAW 101-336—JULY 26, 1990 
accessible to and usable by individuals with disabilities 
(including individuals who use wheelchairs) unless such 
entity can demonstrate that such system, when viewed 
in its entirety, provides a level of service to individuals 
with disabilities equivalent to that provided to individ-
uals without disabilities. 
(D) OVER-THE-ROAD BUSES.— 
(i) LIMITATION ON APPLiCABiUTY.—Subparagraphs (B) 
and (C) do not apply to over-the-road buses. 
(ii) ACCESSIBILITY REQUIREMENTS.—For purposes of 
subsection (a), discrimination includes (I) the purchase 
or lease of an over-the-road bus which does not comply 
with the regulations issued under section 806(a)(2) by a 
private entity which provides transportation of individ-
uals and which is not primarily engaged in the business 
of transporting people, and (II) any other failure of 
such entity to comply with such regulations. 
(3) SPECIFIC CONSTRUCTION.—Nothing in this title shall re-
quire an entity to permit an individual to participate in or 
benefit from the goods, services, facilities, privileges, advantages 
and accommodations of such entity where such individual poses 
a direct threat to the health or safety of others. The term 
"direct threat" means a significant risk to the health or safety 
of others that cannot be eliminated by a modification of policies, 
practices, or procedures or by the provision of auxiliary aids or 
services. 
42 use 12183. 
SEC. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC ACCOM-
MODATIONS AND COMMERCIAL FACILITIES. 
(a) APPLICATION OF TERM.—Except as provided in subsection (b), as 
applied to public accommodations and commercial 
facilities, 
discrimination for purposes of section 302(a) includes— 
(1) a failure to design and construct facilities for first occu-
pancy later than 30 months after the date of enactment of this 
Act that are readily accessible to and usable by individuals with 
disabilities, except where an entity can demonstrate that it is 
structurally impracticable to meet the requirements of such 
subsection in accordance with standards set forth or incor-
porated by reference in regulations issued under this title; and 
(2) with respect to a facility or part thereof that is altered by, 
on behalf of, or for the use of an establishment in a manner that 
affects or could affect the usability of the facility or part 
thereof, a failure to make alterations 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 disabil-
ities, including individuals who use wheelchairs. Where the 
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 acces-
sible to and usable by individuals with disabilities where such 
alterations to the path of travel or the bathrooms, telephones, 
and drinking fountains serving the altered area are not dis-
proportionate to the overall alterations in terms of cost and 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 359 
scope (as determined under criteria established by the Attorney 
General). 
(b) ELEVATOR.—Subsection (a) shall not be construed to require the 
installation of an elevator for facilities that are less than three 
stories or have less than 3,000 square feet per story unless the 
building is a shopping center, a shopping mall, or the professional 
office of a health care provider or unless the Attorney General 
determines that a particular category of such facilities requires the 
installation of elevators based on the usage of such facilities. 
SEC. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC 42 USC12184. 
TRANSPORTATION 
SERVICES 
PROVIDED 
BY 
PRIVATE 
ENTITIES. 
(a) GENERAL RULE.—No individual shall be discriminated against 
on the basis of disability in the full and equal enjoyment of specified 
public transportation services provided by a private entity that is 
primarily engaged in the business of transporting people and whose 
operations affect commerce. 
(b) CONSTRUCTION.—For purposes of subsection (a), discrimination 
includes— 
(1) the imposition or application by a entity described in 
subsection (a) of eligibility criteria that screen out or tend to 
screen out an individual with a disability or any class of individ-
uals with disabilities from fully enjoying the specified public 
transportation services provided by the entity, unless such cri-
teria can be shown to be necessary for the provision of the 
services being offered; 
(2) the failure of such entity to— 
(A) make reasonable modifications consistent with those 
required under section 30203)(2)(A)(ii); 
(B) provide auxiliary aids and services consistent with the 
requirements of section 30203)(2)(A)(iii); and 
(C) remove barriers consistent with the requirements of 
section 30203)(2)(A) and with the requirements of section 
303(a)(2); 
(3) the purchase or lease by such entity of a new vehicle (other 
than an automobile, a van with a seating capacity of less than 8 
passengers, including the driver, or an over-the-road bus) which 
is to be used to provide specified public transportation and for 
which a solicitation is made after the 30th day following the 
effective date of this section, that is not readily accessible to and 
usable by individuals with disabilities, including individuals 
who use wheelchairs; except that the new vehicle need not be 
readily accessible to and usable by such individuals if the new 
vehicle is to be used solely in a demand responsive system and if 
the entity can demonstrate that such system, when viewed in its 
entirety, provides a level of service to such individuals equiva-
lent to the level of service provided to the general public; 
(4)(A) the purchase or lease by such entity of an over-the-road 
bus which does not comply with the regulations issued under 
section 306(a)(2); and 
(B) any other failure of such entity to comply with such 
regulations; and 
(5) the purchase or lease by such entity of a new van with a 
seating capacity of less than 8 passengers, including the driver, 
which is to be used to provide specified public transportation 
and for which a solicitation is made after the 30th day following 
104 STAT. 360 
PUBLIC LAW 101-336—JULY 26, 1990 
the effective date of this section that is not readily accessible to 
or usable by individuals with disabilities, including individuals 
who use wheelchairs; except that the new van need not be 
readily accessible to and usable by such individuals if the entity 
can demonstrate that the system for which the van is being 
purchased or leased, when viewed in its entirety, provides a 
level of service to such individuals equivalent to the level of 
service provided to the general public; 
(6) the purchase or lease by such entity of a new rail pas-
senger car that is to be used to provide specified public transpor-
tation, and for which a solicitation is made later than 80 days 
after the effective date of this paragraph, that is not readily 
accessible to and usable by individuals with disabilities, includ-
ing individuals who use wheelchairs; and 
(7) the remanufacture by such entity of a rail passenger car 
that is to be used to provide specified public transportation so as 
to extend its usable life for 10 years or more, or the purchase or 
lease by such entity of such a rail car, unless the rail car, to the 
maximum extent feasible, is made readily accessible to and 
usable by individuals with disabilities, including individuals 
who use wheelchairs. 
(c) HISTORICAL OR ANTIQUATED CARS.— 
(1) EXCEPTION.—To the extent that compliance with subsec-
tion (b)(2XC) or Ot))(7) would significantly alter the historic or 
antiquated character of a historical or antiquated rail passenger 
car, or a rail station served exclusively by such cars, or would 
result in violation of any rule, regulation, standard, or order 
issued by the Secretary of Transportation under the Federal 
Railroad Safety Act of 1970, such compliance shall not be 
required. 
(2) DEFINITION.—As used in this subsection, the term "histori-
cal or antiquated rail passenger car" means a rail passenger 
car— 
(A) which is not less than 80 years old at the time of its 
use for transporting individuals; 
(B) the manufacturer of which is no longer in the busi-
ness of manufacturing rail passenger cars; and 
(C) which— 
(i) has a consequential association with events or 
persons significant to the past; or 
(ii) embodies, or is being restored to embody, the 
distinctive characteristics of a type of rail passenger 
car used in the past, or to represent a time period 
which has passed. 
42 use 12185. 
SEC. 305. STUDY. 
(a) PURPOSES.—The Office of Technology Assessment shall under-
take a study to determine— 
(1) the access needs of individuals with disabilities to over-the-
road buses and over-the-road bus service; and 
(2) the most cost-effective methods for providing access to 
over-the-road buses and over-the-road bus service to individuals 
with disabilities, particularly individuals who use wheelchairs, 
through all forms of boarding options. 
0?) CONTENTS.—The study shall include, at a minimum, an analy-
sis of the following: 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 361 
(1) The anticipated demand by individuals with disabilities for 
accessible over-the-road buses and over-the-road bus service. 
(2) The degree to which such buses and service, including any 
service required under sections 304(bX4) and 306(aX2), are read-
ily accessible to and usable by individuals with disabilities. 
(3) The effectiveness of various methods of providing acces-
sibility to such buses and service to individuals with disabilities. 
(4) The cost of providing accessible over-the-road buses and 
bus service to individuals with disabilities, including consider-
ation of recent technological and cost saving developments in 
equipment and devices. 
(5) Possible design changes in over-the-road buses that could 
enhance accessibility, including the installation of accessible 
restrooms which do not result in a loss of seating capacity. 
(6) The impact of accessibility requirements on the continu-
ation of over-the-road bus service, with particular consideration 
of the impact of such requirements on such service to rural 
communities. 
(c) ADVISORY COMMITTEE.—In conducting the study required by 
subsection (a), the Office of Technology Assessment shall establish 
an advisory committee, which shall consist of— 
(1) members selected from among private operators and 
manufacturers of over-the-road buses; 
(2) members selected from among individuals with disabilities, 
particularly individuals who use wheelchairs, who are potential 
riders of such buses; and 
(3) members selected for their technical expertise on issues 
included in the study, including 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 
paragraphs (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 Technology Assessment, including 
any policy options for legislative action, shall be submitted to the 
President and Congress within 36 months after the date of the 
enactment of this Act. If the President determines that compliance 
with the regulations issued pursuant to section 306(a)(2)(B) on or 
before the applicable deadlines specified in section 306(a)(2)(B) will 
result in a significant reduction in intercity over-the-road bus serv-
ice, 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 
Compliance Board established under section 502 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 792). 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). 
SEC. 306. REGULATIONS. 
(a) TRANSPORTATION PROVISIONS.— 
(1) GENERAL RULE.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Transportation shall 
issuie regulations in an accessible format to carry out sections 
President of U.S. 
42 u s e 12186. 
104 STAT. 362 
PUBLIC LAW 101-336—JULY 26, 1990 
302(bX2) (B) and (C) and to carry out section 304 (other than 
subsection (bX4)). 
(2) SPECIAL RULES FOR PROVIDING ACCESS TO OVER-THE-ROAD 
BUSES.— 
(A) INTERIM REQUIREMENTS.— 
(i) ISSUANCE.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Transpor-
tation shall issue regulations in an accessible format to 
carry out sections 304(bX4) and 302(bX2XDXii) that re-
quire 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 individuals 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 pursu-
ant to this subparagraph shall be effective until the 
effective date of the regulations issued under subpara-
graph (B). 
(B) FINAL REQUIREMENT.— 
(i) REVIEW OF STUDY AND INTERIM REQUIREMENTS.— 
The Secretary shall review the study submitted under 
section 305 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 305, the 
Secretary shall issue in an accessible format new regu-
lations to carry out sections 304(bX4) and 302(bX2XDXii) 
that require, taking into account the purposes of the 
study under section 305 and any recommendations 
resulting from such study, each private entity which 
uses an over-the-road bus to provide transportation to 
individuals to provide accessibility to such bus to 
individuals with disabilities, including individuals who 
use wheelchairs. 
(iii) EFFECTIVE PERIOD.—Subject to section 305(d), the 
regulations issued pursuant to this subparagraph shall 
take effect— 
(I) with respect to small providers of transpor-
tation (as defined by the Secretary), 7 years after 
the date of the enactment of this Act; and 
(II) with respect to other providers of transpor-
tation, 6 years after such date of enactment. 
(C) LIMITATION ON REQUIRING INSTALLATION OF ACCESSIBLE 
RESTROOMS.—The regulations issued pursuant to this para-
graph shall not require the installation of accessible rest-
rooms in over-the-road buses if such installation would 
result in a loss of seating capacity. 
(3) STANDARDS.—The regulations issued pursuant to this 
subsection shall include standards applicable to facilities and 
vehicles covered by sections 302(b)(2) and 304. 
(b) OTHER PROVISIONS.—Not later than 1 year after the date of the 
enactment of this Act, the Attorney General shall issue regulations 
in an accessible format to carry out the provisions of this title not 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 363 
referred to in subsection (a) that include standards applicable to 
facilities and vehicles covered under section 302. 
(c) CONSISTENCY WITH A T B C B 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 504 of this Act. 
(d) INTERIM ACCESSIBIUTY STANDARDS.— 
(1) FACILITIES.—If final regulations have not been issued 
pursuant 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 permit, compli-
ance 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 section 
303, 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 guide-
lines required under section 504(a) of this Act, 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. 
(2) VEHICLES AND RAIL PASSENGER CARS.—If final regulations 
have not been issued pursuant to this section, a private entity 
shall be considered to have complied with the requirements of 
this title, 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 Require-
ments for Accessible Design and such supplemental minimum 
guidelines as are issued under section 504(a) of this Act) govern-
ing accessibility of such vehicles or cars, to the extent that such 
laws and regulations are not inconsistent with this title and are 
in effect at the time such design is substantially completed. 
SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS ORGANI-
ZATIONS. 
The provisions of this title shall not apply to private clubs or 
establishments exempted from coverage under title II of the Civil 
Rights Act of 1964 (42 U.S.C. 2000-a(e)) or to religious organizations 
or entities controlled by religious organizations, including places of 
worship. 
SEC. 308. ENFORCEMENT. 
(a) IN GENERAL.— 
(1) AVAILABILITY OF REMEDIES AND PROCEDURES.—The rem-
edies and procedures set forth in section 204(a) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are the remedies and 
procedures this title provides to any person who is being sub-
jected to discrimination on the basis of disability in violation of 
this title or who has reasonable grounds for believing that such 
person is about to be subjected to discrimination in violation of 
42 u s e 12187. 
42 u s e 12188. 
104 STAT. 364 
PUBLIC LAW 101-336—JULY 26, 1990 
section 303. Nothing in this section shall require a person with a 
disability to engage in a futile gesture if such person has actual 
notice that a person or organization covered by this title does 
not intend to comply with its provisions. 
(2) INJUNCTIVE REUEF.—In the case of violations of sections 
302(bX2XAXiv) and section 303(a), injunctive relief shall include 
an order to alter facilities to make such facilities readily acces-
sible to and usable by individuals with disabilities to the extent 
required by this title. Where appropriate, injunctive relief shall 
also include requiring the provision of an auxiliary aid or 
service, modification of a policy, or provision of alternative 
methods, to the extent required by this title, 
fl)) ENFORCEMENT B
Y THE ATTORNEY GENERAL.— 
(1) DENIAL OF RIGHTS.— 
(A) DUTY T
O INVESTIGATE.— 
(i) IN GENERAL.—The Attorney General shall inves-
tigate Eilleged violations of this title, and shall under-
take periodic reviews of compliance of covered entities 
under this title. 
(ii) ATTORNEY GENERAL CERTIFICATION.—On the 
ap-
plication of a State or local government, the Attorney 
General may, in consultation with the Architectural 
and Transportation Barriers Compliance Board, and 
after prior notice and a public hearing at which per-
sons, including individuals with disabilities, are pro-
vided an opportunity to testify against such certifi-
cation, certify that a State law or local building code or 
similar ordinance that establishes accessibility require-
ments meets or exceeds the minimum requirements of 
this Act for the accessibility and usability of covered 
facilities under this title. At any enforcement proceed-
ing under this section, such certification by the Attor-
ney General shall be rebuttable evidence that such 
State law or local ordinance does meet or exceed the 
minimum requirements of this Act. 
(B) POTENTIAL VIOLATION.—If the Attorney General has 
reasonable cause to believe that— 
(i) any person or group of persons is engaged in a 
pattern or practice of discrimination under this title; or 
(ii) any person or group of persons has been discrimi-
nated against under this title and such discrimination 
raises an issue of general public importance, 
the Attorney General may commence a civil action in any 
appropriate United States district court. 
(2) AUTHORITY OF COURT.—In a civil action under paragraph 
dXB), the court— 
(A) may grant any equitable relief that such court consid-
ers to be appropriate, including, to the extent required by 
this title— 
(i) granting temporary, preliminary, or permanent 
relief; 
(ii) providing an auxiliary aid or service, modification 
of policy, practice, or procedure, or alternative method; 
and 
(iii) making facilities readily accessible to and usable 
by individuals with disabilities; 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 365 
(B) may award such other relief as the court considers to 
be appropriate, including monetary damages to persons 
aggrieved when requested by the Attorney General; and 
(C) may, to vindicate the public interest, assess a civil 
penalty against the entity in an amount— 
(i) not exceeding $50,000 for a first violation; and 
(ii) not exceeding $100,000 for any subsequent viola-
tion. 
(3) SINGLE VIOLATION.—For purposes of paragraph (2XC), in 
determining whether a first or subsequent violation has oc-
curred, a determination in a single action, by judgment or 
settlement, that the covered entity has engaged in more than 
one discriminatory act shall be counted as a single violation. 
(4) PUNITIVE DAMAGES.—For purposes of subsection 0>)(2)(B), 
the term "monetary damages" and "such other relief does not 
include punitive damages. 
(5) JUDICIAL CONSIDERATION.—In a civil action under para-
graph (1)(B), the court, when considering what amount of civil 
penalty, if any, is appropriate, shall give consideration to any 
good faith effort or attempt to comply with this Act by the 
entity. In evaluating good faith, the court shall consider, among 
other factors it deems relevant, whether the entity could have 
reasonably anticipated the need for an appropriate type of 
auxiliary aid needed to accommodate the unique needs of a 
particular individual with a disability. 
SEC. 309. EXAMINATIONS AND COURSES. 
42 USC 12189. 
Any person that offers examinations or courses related to applica-
tions, licensing, certification, or credentialing for secondary or post-
secondary education, professional, or trade purposes shall offer such 
examinations or courses in a place and manner accessible to persons 
with disabilities or offer alternative accessible arrangements for 
such individuals. 
SEC. 310. EFFECTIVE DATE. 
42 USC 12181 
(a) GENERAL RULE.—Except as provided in subsections (b) and (c), 
this title shall become effective 18 months after the date of the 
enactment of this Act. 
(h) CIVIL ACTIONS.—Except for any civil action brought for a 
violation of section 303, no civil action shall be brought for any act 
or omission described in section 302 which occurs— 
(1) during the first 6 months after the effective date, against 
businesses that employ 25 or fewer employees and have gross 
receipts of $1,000,000 or less; and 
(2) during the first year after the effective date, against 
businesses that employ 10 or fewer employees and have gross 
receipts of $500,000 or less. 
(c) EXCEPTION.—Sections 302(a) for purposes of section 302(b)(2) (B) 
and (C) only, 304(a) for purposes of section 304(bX3) only, 304(bX3), 
305, and 306 shall take effect on the date of the enactment of this 
Act. 
47 use 225. 
104 STAT. 366 
PUBLIC LAW 101-336—JULY 26, 1990 
TITLE IV—TELECOMMUNICATIONS 
SEC. 401. TELECOMMUNICATIONS RELAY 
SERVICES FOR HEARING-
IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS. 
(a) TELECOMMUNICATIONS.—Title II of the Communications Act of 
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof 
the following new section: 
State and local 
"SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED 
governments. 
AND SPEECH-IMPAIRED INDIVIDUALS. 
"(a) DEFINITIONS.—As used in this section— 
"(1) COMMON CARRIER OR CARRIER,—The term 'common car-
rier' or 'carrier' includes any common carrier engaged in inter-
state communication by wire or radio as defined in section 3(h) 
and any common carrier engaged in intrastate communication 
by wire or radio, notwithstanding sections 2(b) and 221(b). 
"(2) TDD.—The term 'TDD' means a Telecommunications 
Device for the Deaf, which is a machine that employs graphic 
communication in the transmission of coded signals through a 
wire or radio communication system. 
"(3) TELECOMMUNICATIONS RELAY SERVICES.—The term 'tele-
communications relay services' means telephone transmission 
services that provide the ability for an individual who has a 
hearing impairment or speech impairment to engage in commu-
nication by wire or radio with a hearing individual in a manner 
that is functionally equivalent to the ability of an individual 
who does not have a hearing impairment or speech impairment 
to communicate using voice communication services by wire or 
radio. Such term includes services that enable two-way commu-
nication between an individual who uses a TDD or other 
nonvoice terminal device and an individual who does not use 
such a device. 
"(b) AVAILABILITY OF TELECOMMUNICATIONS RELAY SERVICES.— 
"(1) IN GENERAL.—In order to carry out the purposes estab-
lished under section 1, to make available to all individuals in 
the United States a rapid, efficient nationwide communication 
service, and to increase the utility of the telephone system of 
the Nation, the Commission shall ensure that interstate and 
intrastate telecommunications relay services are available, to 
the extent possible and in the most efficient manner, to hearing-
impaired and speech-impaired individuals in the United States. 
"(2) USE OF GENERAL AUTHORITY AND REMEDIES.—For 
the 
purposes of administering and enforcing the provisions of this 
section and the regulations prescribed thereunder, the Commis-
sion shall have the same authority, power, and functions with 
respect to common carriers engaged in intrastate communica-
tion as the Commission has in administering and enforcing the 
provisions of this title with respect to any common carrier 
engaged in interstate communication. Any violation of this 
section by any common carrier engaged in intrastate commu-
nication shall be subject to the same remedies, penalties, and 
procedures as are applicable to a violation of this Act by a 
common carrier engaged in interstate communication. 
"(c) PROVISION OF SERVICES.—Each common carrier providing tele-
phone voice transmission services shall, not later than 3 years after 
the date of enactment of this section, provide in compliance with the 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 367 
regulations prescribed under this section, throughout the area in 
which it offers service, telecommunications relay services, individ-
ually, through designees, through a competitively selected vendor, 
or in concert with other carriers. A common carrier shall be consid-
ered to be in compliance with such regulations— 
"(1) with respect to intrastate telecommunications relay serv-
ices in any State that does not have a certified program under 
subsection (f) and with respect to interstate telecommunications 
relay services, if such common carrier (or other entity through 
which the carrier is providing such relay services) is in compli-
ance with the Commission's regulations under subsection (d); or 
"(2) with respect to intrastate telecommunications relay serv-
ices in any State that has a certified program under subsection 
(f) for such State, if such common carrier (or other entity 
through which the carrier is providing such relay services) is in 
compliance with the program certified under subsection (f) for 
such State. 
"(d) REGULATIONS.— 
"(1) IN GENERAL.—The Commission shall, not later than 1 
year after the date of enactment of this section, prescribe 
regulations to implement this section, including regulations 
that— 
"(A) establish functional requirements, guidelines, and 
operations procedures for telecommunications relay serv-
ices; 
"(B) establish minimum standards that shall be met in 
carrying out subsection (c); 
"(C) require that telecommunications relay services oper-
ate every day for 24 hours per day; 
"(D) require that users of telecommunications relay serv-
ices pay rates no greater than the rates paid for function-
ally equivalent voice communication services with respect 
to such factors as the duration of the call, the time of day, 
and the distance from point of origination to point of 
termination; 
"(E) prohibit relay operators from failing to fulfill the 
obligations of common carriers by refusing calls or limiting 
the length of calls that use telecommunications relay serv-
ices; 
"(F) prohibit relay operators from disclosing the content 
of any relayed conversation and from keeping records of the 
content of any such conversation beyond the duration of the 
call; and 
"(G) prohibit relay operators from intentionally altering 
a relayed conversation. 
"(2) TECHNOLOGY.—The Commission shall ensure that regula-
tions 
prescribed 
to 
implement 
this 
section 
encourage, 
consistent with section 7(a) of this Act, the use of existing 
technology and do not discourage or impair the development 
of improved technology. 
"(3) JURISDICTIONAL SEPARATION OF COSTS.— 
"(A) IN GENERAL.—Consistent with the provisions of sec-
tion 410 of this Act, the Commission shall prescribe regula-
tions governing the jurisdictional separation of costs for the 
services provided pursuant to this section. 
"(B) RECOVERING COSTS.—Such regulations shall generally 
provide that costs caused by interstate telecommunications 
104 STAT. 368 
PUBLIC LAW 101-336—JULY 26, 1990 
relay services shall be recovered from all subscribers for 
every interstate service and costs caused by intrastate tele-
communications relay services shall be recovered from the 
intrastate jurisdiction. In a State that has a certified pro-
gram under subsection (f), a State commission shall permit 
a common carrier to recover the costs incurred in providing 
intrastate telecommunications relay services by a method 
consistent with the requirements of this section. 
"(e) ENFORCEMENT.— 
"(1) IN GENERAL.—Subject to subsections (f) and (g), the 
Commission shall enforce this section. 
"(2) COMPLAINT.—The Commission shall resolve, by final 
order, a complaint alleging a violation of this section within 180 
days after the date such complaint is filed, 
"(f) CERTIFICATION.— 
"(1) STATE DOCUMENTATION.—Any State desiring to establish a 
State program under this section shall submit documentation to 
the Commission that describes the program of such State for 
implementing intrastate telecommunications relay services and 
the procedures and remedies available for enforcing any 
requirements imposed by the State program. 
"(2) REQUIREMENTS FOR CERTIFICATION.—After review of such 
documentation, the Commission shall certify the State program 
if the Commission determines that— 
"(A) the program makes available to hearing-impaired 
and speech-impaired individuals, either directly, through 
designees, through a competitively selected vendor, or 
through regulation of intrastate common carriers, intra-
state telecommunications relay services in such State in a 
manner that meets or exceeds the requirements of regula-
tions prescribed by the Commission under subsection (d); 
and 
"(B) the program makes available adequate procedures 
and remedies for enforcing the requirements of the State 
program. 
"(3) METHOD OF FUNDING.—Except as provided in subsection 
(d), the Commission shall not refuse to certify a State program 
based solely on the method such State will implement for 
funding intrastate telecommunication relay services. 
"(4) SUSPENSION OR REVOCATION OF CERTIFICATION.—The 
Commission may suspend or revoke such certification if, after 
notice and opportunity for hearing, the Commission determines 
that such certification is no longer warranted. In a State whose 
program has been suspended or revoked, the Commission shall 
take such steps as may be necessary, consistent with this sec-
tion, to ensure continuity of telecommunications relay services. 
"(g) COMPLAINT.— 
"(1) REFERRAL OF COMPLAINT.—If a complaint to the Commis-
sion alleges a violation of this section with respect to intrastate 
telecommunications relay services within a State and certifi-
cation of the program of such State under subsection (f) is in 
effect, the Commission shall refer such complaint to such State. 
"(2) JURISDICTION OF COMMISSION.—After referring a com-
plaint to a State under paragraph (1), the Commission shall 
exercise jurisdiction over such complaint only if— 
"(A) final action under such State program has not been 
taken on such complaint by such State— 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 369 
"(i) within 180 days after the complaint is filed with 
such State; or 
"(ii) within a shorter period as prescribed by the 
regulations of such State; or 
"(B) the Commission determines that such State program 
is no longer qualified for certification under subsection (f).". 
(b) CONFORMING AMENDMENTS.—The Communications Act of 1984 
(47 U.S.C. 151 et seq.) is amended— 
(1) in section 2(b) (47 U.S.C. 152(b)), by striking "section 224" 
and inserting "sections 224 and 225"; and 
(2) in section 221(b) (47 U.S.C. 221(b)), by striking "section 301" 
and inserting "sections 225 and 301". 
SEC. 402. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS. 
Section 711 of the C!ommunications Act of 1934 is amended to read 47 USC 611. 
as follows: 
"SEC. 711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS. 
"Any television public service announcement that is produced or 
funded in whole or in part by any agency or instrumentality of 
Federal Government shall include closed captioning of the verbal 
content of such announcement. A television broadcast station 
licensee— 
"(1) shall not be required to supply closed captioning for any 
such announcement that fails to include it; and 
"(2) shall not be liable for broadcasting any such announce-
ment without transmitting a closed caption unless the licensee 
intentionally fails to transmit the closed caption that was 
included with the announcement.". 
TITLE V—MISCELLANEOUS PROVISIONS 
SEC. 501. CONSTRUCTION. 
42 USC 12201. 
(a) IN GENERAL.—Except as otherwise provided in this Act, noth-
ing in this Act shall be construed to apply a lesser standard than the 
standards applied under title V of the Rehabilitation Act of 1973 (29 
U.S.C. 790 et seq.) or the regulations issued by Federal agencies 
pursuant to such title. 
(b) RELATIONSHIP TO OTHER LAWS.—Nothing in this Act shall be 
construed to invalidate or limit the remedies, rights, and procedures 
of any Federal law or law of any State or political subdivision of any 
State or jurisdiction that provides greater or equal protection for the 
rights of individuals with disabilities than are afforded by this Act. 
Nothing in this Act shall be construed to preclude the prohibition of, 
or the imposition of restrictions on, smoking in places of employ-
ment covered by title I, in transportation covered by title II or III, or 
in places of public accommodation covered by title III. 
(c) INSURANCE.—Titles I through IV of this Act shall not be 
construed to prohibit or restrict— 
(1) an insurer, hospital or medical service company, health 
maintenance organization, or any agent, or entity that admin-
isters benefit plans, or similar organizations from underwriting 
risks, classifjdng risks, or administering such risks that are 
based on or not inconsistent with State law; or 
(2) a person or organization covered by this Act from 
establishing, sponsoring, observing or administering the terms 
104 STAT. 370 
PUBLIC LAW 101-336—JULY 26, 1990 
of a bona fide benefit plan that are based on underwriting risks, 
classifying risks, or administering such risks that are based on 
or not inconsistent with State law; or 
(3) a person or organization covered by this Act from 
establishing, sponsoring, observing or administering the terms 
of a bona fide benefit plan that is not subject to State laws that 
regulate insurance. 
Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade 
the purposes of title I and III. 
(d) ACCOMMODATIONS AND SERVICES.—Nothing in this Act shall be 
construed to require an individual with a disability to accept an 
accommodation, aid, service, opportunity, or benefit which such 
individual chooses not to accept. 
42 use 12202. 
SEC. 502. STATE IMMUNITY. 
A State shall not be immune under the eleventh amendment to 
the Constitution of the United States from an action in Federal or 
State court of competent jurisdiction for a violation of this Act. In 
any action against a State for a violation of the requirements of this 
Act, remedies (including remedies both at law and in equity) are 
available for such a violation to the same extent as such remedies 
are available for such a violation in an action against any public or 
private entity other than a State. 
42 use 12203. 
SEC. 503. PROHIBITION AGAINST RETALIATION AND COERCION. 
(a) RETALIATION.—No person shall discriminate against any 
individual because such individual has opposed any act or practice 
made unlawful by this Act or because such individual made a 
charge, testified, assisted, or participated in any manner in an 
investigation, proceeding, or hearing under this Act. 
(b) INTERFERENCE, COERCION, OR INTIMIDATION.—It shall be unlaw-
ful to coerce, intimidate, threaten, or interfere with any individual 
in the exercise or enjoyment of, or on account of his or her having 
exercised or enjoyed, or on account of his or her having aided or 
encouraged any other individual in the exercise or enjo5anent of, 
any right granted or protected by this Act. 
(c) REMEDIES AND PROCEDURES.—The remedies and procedures 
available under sections 107, 203, and 308 of this Act shall be 
available to aggrieved persons for violations of subsections (a) and 
(b), with respect to title I, title II and title III, respectively. 
42 use 12204. 
SEC. 504, REGULATIONS BY THE ARCHITECTURAL AND TRANSPORTATION 
BARRIERS COMPLIANCE BOARD. 
(a) ISSUANCE OF GUIDEUNES.—Not later than 9 months after the 
date of enactment of this Act, the Architectural and Transportation 
Barriers Compliance Board shall issue minimum guidelines that 
shall supplement the existing Minimum Guidelines and Require-
ments for Accessible Design for purposes of titles II and III of this 
Act. 
0)) CONTENTS OF GUIDEUNES.—The supplemental guidelines issued 
under subsection (a) shall establish additional requirements, consist-
ent with this Act, to ensure that buildings, facilities, rail passenger 
cars, and vehicles are accessible, in terms of architecture and design, 
transportation, and communication, to individuals with disabilities. 
(c) QUAUFIED HISTORIC PROPERTIES.— 
(1) IN GENERAL.—The supplemental guidelines issued under 
subsection (a) shall include procedures and requirements for 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 371 
alterations that will threaten or destroy the historic signifi-
cance of qualified historic buildings and facilities as defined in 
4.1.7(lXa) of the Uniform Federal Accessibility Standards. 
(2) SITES EUGIBLE FOR LISTING IN NATIONAL REGISTER.—With 
respect to alterations of buildings or facilities that are eligible 
for listing in the National Register of Historic Places under the 
National Historic Preservation Act (16 U.S.C. 470 et seq.), the 
guidelines described in paragraph (1) shall, at a minimum, 
maintain the procedures and requirements established in 4.1.7 
(1) and (2) of the Uniform Federal Accessibility Standards. 
(3) OTHER SITES.—With respect to alterations of buildings or 
facilities designated as historic under State or local law, the 
guidelines described in paragraph (1) shall establish procedures 
equivalent to those established by 4.1.7(1) (b) and (c) of the 
Uniform Federal Accessibility Standards, and shall require, at a 
minimum, compliance with the requirements established in 
4.1.7(2) of such standards. 
SEC. 505. ATTORNEY'S FEES. 
In £iny action or administrative proceeding commenced pursuant 
to this Act, the court or Eigency, in its discretion, may allow the 
prevailing party, other than the United States, a reasonable attor-
ney's fee, including litigation expenses, and costs, and the United 
States shall be liable for the foregoing the same as a private 
individual. 
SEC. 506. TECHNICAL ASSISTANCE. 
(a) PLAN FOR ASSISTANCE.— 
(1) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Attorney General, in consultation 
with the Chair of the Equal Employment Opportunity Commis-
sion, the Secretary of Transportation, the Chair of the Architec-
tural and Transportation Barriers Compliance Board, and the 
Chairmsm of the Federal Communications Commission, shall 
develop a plan to assist entities covered under this Act, and 
other Federal agencies, in understanding the responsibility of 
such entities and agencies under this Act. 
(2) PUBUCATION OF PLAN.—The Attorney General shall pub-
lish the plan referred to in paragraph (1) for public comment in 
accordance with subchapter II of chapter 5 of title 5, United 
States Code (commonly known as the Administrative Procedure 
Act). 
(b) AGENCY AND PUBLIC ASSISTANCE.—The Attorney General may 
obtain the assistance of other Federal agencies in carrying out 
subsection (a), including the National Council on Disability, the 
President's Committee on Employment of People with Disabilities, 
the Small Business Administration, and the Department of 
Commerce. 
(c) IMPLEMENTATION.— 
(1) RENDERING ASSISTANCE.—Each Federal agency that has 
responsibility under paragraph (2) for implementing this Act 
may render technical assistance to individuals and institutions 
that have rights or duties under the respective title or titles for 
which such sigency has responsibility. 
(2) IMPLEMENTATION OF TITLES.— 
(A) 
TITLE 
I.—The Equal 
Employment 
Opportunity 
Commission and the Attorney (Jeneral shall implement the 
42 u s e 12205. 
42 use 12206. 
104 STAT. 372 
PUBLIC LAW 101-336—JULY 26, 1990 
plan for assistance developed under subsection (a), for title 
I. 
(B) TITLE II.— 
(i) SUBTITLE A.—The Attorney General shall imple-
ment such plan for assistance for subtitle A of title II. 
(ii) SUBTITLE B.—The Secretary of Transportation 
shall implement such plan for assistance for subtitle B 
of title II. 
(C) TITLE HI.—The Attorney General, in coordination with 
the Secretary of Transportation and the Chair of the Ar-
chitectural Transportation Barriers Compliance Board, 
shall implement such plan for assistance for title III, except 
for section 804, the plan for assistance for which shall be 
implemented by the Secretary of Transportation. 
(D) TITLE IV.—The Chairman of the Federal Communica-
tions Commission, in coordination with the Attorney Gen-
eral, shall implement such plan for assistance for title IV. 
(3) TECHNICAL ASSISTANCE MANUALS.—Each Federal agency 
that has responsibility under paragraph (2) for implementing 
this Act shall, as part of its implementation responsibilities, 
ensure the availability and provision of appropriate technical 
assistance manuals to individuals or entities with rights or 
duties under this Act no later than six months after applicable 
final regulations are published under titles I, II, III, and IV. 
(d) GRANTS AND CONTRACTS.— 
(1) IN GENERAL.—Each Federal agency that has responsibility 
under subsection (c)(2) for implementing this Act may make 
grants or award contracts to effectuate the purposes of this 
section, subject to the availability of appropriations. Such 
grants and contracts may be awarded to individuals, institu-
tions not organized for profit and no part of the net earnings of 
which inures to the benefit of any private shareholder or 
individual (including educational institutions), and associations 
representing individuals who have rights or duties under this 
Act. Contracts may be awarded to entities organized for profit, 
but such entities may not be the recipients or grants described 
in this paragraph. 
(2) DISSEMINATION OF INFORMATION.—Such grants and con-
tracts, among other uses, may be designed to ensure wide 
dissemination of information about the rights and duties estab-
lished by this Act and to provide information and technical 
assistance about techniques for effective compliance with this 
Act. 
(e) FAILURE 
TO RECEIVE 
ASSISTANCE.—An employer, public 
accommodation, or other entity covered under this Act shall not be 
excused from compliance with the requirements of this Act because 
of any failure to receive technical assistance under this section, 
including any failure in the development or dissemination of any 
technical assistance manual authorized by this section. 
42 use 12207. 
SEC. 507. FEDERAL WILDERNESS AREAS. 
(a) STUDY.—The National Council on Disability shall conduct a 
study and report on the effect that wilderness designations and 
wilderness land management practices have on the ability of 
individuals with disabilities to use and enjoy the National Wilder-
ness Preservation System as established under the Wilderness Act 
(16 U.S.C. 1131 et seq.). 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 373 
(b) SUBMISSION OF REPORT.—Not later than 1 year after the enact-
ment of this Act, the National Council on Disability shall submit the 
report required under subsection (a) to Congress. 
(c) SPECIFIC WILDERNESS ACCESS.— 
(1) IN GENERAL.—Congress reaffirms that nothing in the 
Wilderness Act is to be construed as prohibiting the use of a 
wheelchgiir in a wilderness area by an individual whose disabil-
ity requires use of a wheelchair, and consistent with the Wilder-
ness Act no agency is required to provide any form of special 
treatment or accommodation, or to construct any facilities or 
modify any conditions of lands within a wilderness area in order 
to facilitate such use. 
(2) DEFINITION.—For purposes of paragraph (1), the term 
"wheelchair" means a device designed solely for use by a mobil-
ity-impaired person for locomotion, that is suitable for use in an 
indoor pedestrian area. 
SEC. 508. TRANSVESTITES. 
42 USC 12208. 
For the purposes of this Act, the term "disabled" or "disability" 
shall not apply to an individual solely because that individual is a 
transvestite. 
SEC. 509. COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGIS- 
42 USC 12209. 
LATIVE BRANCH. 
(a) COVERAGE OF THE SENATE.— 
(1) COMMITMENT TO RULE XLII.—The Senate reaffirms its 
commitment to Rule XLII of the Standing Rules of the Senate 
which provides as follows: 
"No member, officer, or employee of the Senate shall, with 
respect to employment by the Senate or any office thereof— 
"(a) fail or refuse to hire an individual; 
"(b) discharge an individual; or 
"(c) otherwise discriminate against an individual with 
respect to promotion, compensation, or terms, conditions, or 
privileges of employment 
on the basis of such individual's race, color, religion, sex, 
national origin, age, or state of physical handicap.". 
(2) APPLICATION TO SENATE EMPLOYMENT.—The rights and 
protections provided pursuant to this Act, the Civil Rights Act 
of 1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, and the 
Rehabilitation Act of 1973 shall apply with respect to employ-
ment by the United States Senate. 
(3) INVESTIGATION AND ADJUDICATION OF CLAIMS.—All claims 
raised by any individual with respect to Senate employment, 
pursuant to the Acts referred to in paragraph (2), shall be 
investigated and adjudicated by the Select Committee on Ethics, 
pursuant to S. Res. 338, 88th Congress, as amended, or such 
other entity as the Senate may designate. 
(4) RIGHTS OF EMPLOYEES.—The Committee on Rules and 
Administration 
shall ensure that Senate employees are 
informed of their rights under the Acts referred to in paragraph 
(2). 
(5) APPLICABLE REMEDIES.—When assigning remedies to 
individuals found to have a valid claim under the Acts referred 
to in paragraph (2), the Select Committee on Ethics, or such 
other entity as the Senate may designate, should to the extent 
104 STAT. 374 
PUBLIC LAW 101-336—JULY 26, 1990 
practicable apply the same remedies applicable to all other 
employees covered by the Acts referred to in paragraph (2). 
Such remedies shall apply exclusively. 
(6) MATTERS OTHER THAN EMPLOYMENT.— 
(A) IN GENERAL.—The rights and protections under this 
Act shall, subject to subparagraph (B), apply with respect to 
the conduct of the Senate regarding matters other than 
employment. 
(B) REMEDIES.—The Architect of the Capitol shall estab-
lish remedies and procedures to be utilized with respect to 
the rights and protections provided pursuant to subpara-
graph (A). Such remedies and procedures shall apply exclu-
sively, after approval in accordance with subparagraph (C). 
(C) PROPOSED REMEDIES AND PROCEDURES.—For purposes of 
subparagraph (B), the Architect of the Capitol shall submit 
proposed remedies and procedures to the Senate Committee 
on Rules and Administration. The remedies and procedures 
shall be effective upon the approval of the Committee on 
Rules and Administration. 
(7) EXERCISE OF RULEMAKING POWER.—Notwithstanding any 
other provision of law, enforcement and adjudication of the 
rights and protections referred to in paragraph (2) and (6)(A) 
shall be within the exclusive jurisdiction of the United States 
Senate. The provisions of paragraph (1), (3), (4), (5), (6)(B), and 
(6)(C) are enacted by the Senate as an exercise of the rule-
making power of the Senate, with full recognition of the right of 
the Senate to change its rules, in the same manner, and to the 
same extent, as in the case of any other rule of the Senate. 
(b) COVERAGE OF THE HOUSE OF REPRESENTATIVES.— 
(1) IN GENERAL.—Notwithstanding any other provision of this 
Act or of law, the purposes of this Act shall, subject to para-
graphs (2) and (3), apply in their entirety to the House of 
Representatives. 
(2) EMPLOYMENT IN THE HOUSE,— 
(A) APPUCATION.—The rights and protections under this 
Act shall, subject to subparagraph (B), apply with respect to 
any employee in an employment position in the House of 
Representatives and any employing authority of the House 
of Representatives. 
(B) ADMINISTRATION.— 
(i) IN GENERAL.—In the administration of this para-
graph, the remedies and procedures made applicable 
pursuant to the resolution described in clause (ii) shall 
apply exclusively. 
(ii) RESOLUTION.—The resolution referred to in clause 
(i) is House Resolution 15 of the One Hundred First 
Congress, as agreed to January 3, 1989, or any other 
provision that continues in effect the provisions of, or is 
a 
successor to, the Fair 
Employment 
Practices 
Resolution (House Resolution 558 of the One Hun-
dredth Congress, as agreed to October 4,1988). 
(C) EXERCISE OF RULEMAKING POWER,—The provisions of 
subparagraph (B) are enacted by the House of Representa-
tives as an exercise of the rulemaking power of the House 
of Representatives, with full recognition of the right of the 
House to change its rules, in the same manner, and to the 
same extent as in the case of any other rule of the House. 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 375 
(3) MATTERS OTHER THAN EMPLOYMENT.— 
(A) IN GENERAL.—The rights and protections under this 
Act shall, subject to subparagraph (B), apply with respect to 
the conduct of the House of Representatives regarding 
matters other than emplojnnent. 
(B) REMEDIES.—The Architect of the Capitol shall estab-
lish remedies and procedures to be utilized with respect to 
the rights and protections provided pursuant to subpara-
graph (A). Such remedies and procedures shall apply exclu-
sively, after approval in accordance with subparagraph (C). 
(C) APPROVAL.—For purposes of subparagraph (B), the 
Architect of the Capitol shall submit proposed remedies and 
procedures to the Speaker of the House of Representatives. 
The remedies and procedures shall be effective upon the 
approval of the Speaker, after consultation with the House 
Office Building Commission. 
(c) INSTRUMENTAUTIES OF CONGRESS.— 
(1) IN GENERAL.—The rights and protections under this Act 
shall, subject to paragraph (2), apply with respect to the conduct 
of each instrumentality of the Congress. 
(2) 
ESTABLISHMENT OF REMEDIES AND PROCEDURES BY 
INSTRUMENTALITIES.—The chief official of each instrumentality 
of the Congress shall establish remedies and procedures to be 
utilized with respect to the rights and protections provided 
pursuant to parsigraph (1). Such remedies and procedures shall 
apply exclusively. 
(3) REPORT TO CONGRESS.—The chief official of each instrumen-
tality of the Congress shall, after establishing remedies and 
procedures for purposes of paragraph (2), submit to the Congress 
a report describing the remedies and procedures. 
(4) DEFINITION OF INSTRUMENTALITIES.—For purposes of this 
section, instrumentalities of the Congress include the following: 
the Architect of the Capitol, the Congressional Budget Office, 
the General Accounting Office, the Government Printing Office, 
the Library of Congress, the Office of Technology Assessment, 
and the United States Botanic Garden. 
(5) CONSTRUCTION.—Nothing in this section shall alter the 
enforcement procedures for individuals with disabilities pro-
vided in the General Accounting Office Personnel Act of 1980 
and regulations promulgated pursuant to that Act. 
SEC. 510. ILLEGAL USE OF DRUGS. 
42 USC 12210. 
(a) IN GENERAL.—For purposes of this Act, the term "individual 
with a disability" does not include an individual who is currently 
engaging in the illegal use of drugs, when the covered entity acts on 
the basis of such use. 
(b) RULES OF CONSTRUCTION.—Nothing in subsection (a) shall be 
construed to exclude as an individual with a disability an individual 
who— 
(1) has successfully completed a supervised drug rehabilita-
tion program and is no longer engaging in the illegal use of 
drugs, or has otherwise been rehabilitated successfully £md is no 
longer engaging in such use; 
(2) is participating in a supervised rehabilitation program and 
is no longer engaging in such use; or 
(3) is erroneously regarded as engaging in such use, but is not 
engaging in such use; 
104 STAT. 376 
PUBLIC LAW 101-336—JULY 26, 1990 
except that it shall not be a violation of this Act for a covered entity 
to adopt or administer reasonable policies or procedures, including 
but not limited to drug testing, designed to ensure that an individual 
described in paragraph (1) or (2) is no longer engaging in the illegal 
use of drugs; however, nothing in this section shall be construed to 
encourage, prohibit, restrict, or authorize the conducting of testing 
for the illegal use of drugs. 
(c) HEALTH AND OTHER SERVICES.—Notwithstanding subsection (a) 
and section 511(bX3), an individual shall not be denied health serv-
ices, or services provided in connection with drug rehabilitation, on 
the basis of the current illegal use of drugs if the individual is 
otherwise entitled to such services. 
(d) DEFINITION OF ILLEGAL USE OF DRUGS.— 
(1) IN GENERAL.—The term "illegal use of drugs" means the 
use of drugs, the possession or distribution of which is unlawful 
under the Controlled Substances Act (21 U.S.C. 812). Such term 
does not include the use of a drug taken under supervision by a 
licensed health care professional, or other uses authorized by 
the Controlled Substances Act or other provisions of Federal 
law. 
(2) DRUGS.—The term "drug" means a controlled substance, 
as defined in schedules I through V of section 202 of the 
Controlled Substances Act. 
42 use 12211. 
SEC. 511. DEFINITIONS. 
(a) HOMOSEXUAUTY AND BISEXUALITY.—For purposes of the defini-
tion of "disability" in section 3(2), homosexuality and bisexuality are 
not impairments and as such are not disabilities under this Act. 
(b) CERTAIN CONDITIONS.—Under this Act, the term "disability" 
shall not include— 
(1) transvestism, transsexualism, pedophilia, exhibitionism, 
voyeurism, gender identity disorders not resulting from phys-
ical impairments, or other sexual behavior disorders; 
(2) compulsive gambling, kleptomania, or pyromania; or 
(3) psychoactive substance use disorders resulting from cur-
rent illegal use of drugs. 
SEC. 512. AMENDMENTS TO THE REHABILITATION ACT. 
(a) DEFINITION OF HANDICAPPED INDIVIDUAL.—Section 7(8) of the 
Rehabilitation Act of 1973 (29 U.S.C. 706(8)) is amended by 
redesignating subparagraph (C) as subparagraph (D), and by insert-
ing after subparagraph (B) the following subparagraph: 
"(C)(i) For purposes of title V, the term 'individual with handicaps' 
does not include an individual who is currently engaging in the 
illegal use of drugs, when a covered entity acts on the basis of such 
use. 
"(ii) Nothing in clause (i) shall be construed to exclude as an 
individual with handicaps an individual who— 
"(I) has successfully completed a supervised drug rehabilita-
tion program and is no longer engaging in the illegal use of 
drugs, or has otherwise been rehabilitated successfully and is no 
longer engaging in such use; 
"(II) is participating in a supervised rehabilitation program 
and is no longer engaging in such use; or 
"(III) is erroneously regarded as engaging in such use, but is 
not engaging in such use; 
PUBLIC LAW 101-336—JULY 26, 1990 
104 STAT. 377 
except that it shall not be a violation of this Act for a covered entity 
to adopt or administer reasonable policies or procedures, including 
but not limited to drug testing, designed to ensure that an individual 
described in subclause (I) or (II) is no longer engaging in the illegal 
use of drugs. 
"(iii) Notwithstanding clause (i), for purposes of programs and 
activities providing health services and services provided under 
titles I, II and III, an individual shall not be excluded from the 
benefits of such programs or activities on the basis of his or her 
current illegal use of drugs if he or she is otherwise entitled to such 
services. 
"(iv) For purposes of programs and activities providing edu-
cational services, local educational agencies may take disciplinary 
action pertaining to the use or possession of illegal drugs or alcohol 
against any handicapped student who currently is engaging in the 
illegEil use of drugs or in the use of alcohol to the same extent that 
such disciplinary action is taken against nonhandicapped students. 
Furthermore, the due process procedures at 34 CFR 104.36 shall not 
apply to such disciplinary actions. 
"(v) For purposes of sections 503 and 504 as such sections relate to 
employment, the term 'individual with handicaps' does not include 
any individual who is an alcoholic whose current use of alcohol 
prevents such individual from performing the duties of the job in 
question or whose emplo5anent, by reason of such current alcohol 
abuse, would constitute a direct threat to property or the safety of 
others.". 
(b) DEFINITION OF ILLEGAL DRUGS.—Section 7 of the Rehabilitation 
Act of 1973 (29 U.S.C. 706) is amended by adding at the end the 
following new paragraph: 
"(22)(A) The term 'drug' means a controlled substance, as defined 
in schedules I through V of section 202 of the Controlled Substances 
Act (21 U.S.C. 812). 
"(B) The term 'illegal use of drugs' means the use of drugs, the 
possession or distribution of which is unlawful under the Controlled 
Substances Act. Such term does not include the use of a drug taken 
under supervision by a licensed health care professional, or other 
uses authorized by the Controlled Substances Act or other provi-
sions of Federal law.". 
(c) CONFORMING AMENDMENTS.—Section 7(8XB) of the Rehabilita-
tion Act of 1973 (29 U.S.C. 706(8)(B)) is amended— 
(1) in the first sentence, by striking "Subject to the second 
sentence of this subparagraph," and inserting "Subject to sub-
paragraphs (C) and (D),"; and 
(2) by striking the second sentence. 
SEC. 513. ALTERNATIVE MEANS OF DISPUTE RESOLUTION. 
42 USC 12212. 
Where appropriate and to the extent authorized by law, the use of 
alternative means of dispute resolution, including settlement nego-
tiations, conciliation, facilitation, mediation, factfinding, minitrials. 
104 STAT. 378 
PUBLIC LAW 101-336—JULY 26, 1990 
and arbitration, is encouraged to resolve disputes arising under this 
Act. 
42 u s e 12213. 
SEC. 514. SEVERABILITY. 
Should any provision in this Act be found to be unconstitutional 
by a court of law, such provision shall be severed from the remain-
der of the Act, and such action shall not affect the enforceability of 
the remaining provisions of the Act. 
Approved July 26, 1990. 
LEGISLATIVE HISTORY—S. 933 (H.R. 2273): 
HOUSE REPORTS: No. 101-485, Pt. 1 (Ck)mm. on Public Works and Transportation), 
Pt. 2 (Comm. on Education and Labor), Pt. 3 (Comm. on the 
Judiciary), and Pt. 4 (C!omm. on Energy and Commerce) all 
accompanying H.R. 2273; and Nos. 101-558 and 101-596 both 
from (Comm. of Conference). 
SENATE REPORTS: No. 101-116 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Sept. 7, considered and passed Senate. 
Vol. 136 (1990): May 17, 22, H.R. 2273 considered and passed House; S. 933 
passed in lieu. 
July 11, Senate recommitted conference report. 
July 12, House agreed to conference report. 
July 13, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
July 26, Presidential remarks and statement.