
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12147]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                     SUBCHAPTER II--PUBLIC SERVICES
 
 Part B--Actions Applicable to Public Transportation Provided by Public 
                   Entities Considered Discriminatory
 
subpart i--public transportation other than by aircraft or certain rail 
                               operations
 
Sec. 12147. Alterations of existing facilities


(a) General rule

    With respect to alterations of an existing facility or part thereof 
used in the provision of designated public transportation services that 
affect or could affect the usability of the facility or part thereof, it 
shall be considered discrimination, for purposes of section 12132 of 
this title and section 794 of title 29, for a public entity to fail to 
make such alterations (or to ensure that the alterations are made) in 
such a manner that, to the maximum extent feasible, the altered portions 
of the facility are readily accessible to and usable by individuals with 
disabilities, including individuals who use wheelchairs, upon the 
completion of such alterations. Where the public entity is undertaking 
an alteration that affects or could affect usability of or access to an 
area of the facility containing a primary function, the entity shall 
also make the alterations in such a manner that, to the maximum extent 
feasible, the path of travel to the altered area and the bathrooms, 
telephones, and drinking fountains serving the altered area, are readily 
accessible to and usable by individuals with disabilities, including 
individuals who use wheelchairs, upon completion of such alterations, 
where such alterations to the path of travel or the bathrooms, 
telephones, and drinking fountains serving the altered area are not 
disproportionate to the overall alterations in terms of cost and scope 
(as determined under criteria established by the Attorney General).

(b) Special rule for stations

                          (1) General rule

        For purposes of section 12132 of this title and section 794 of 
    title 29, 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 regulation) 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 light 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 July 26, 1990.

        (B) Extension for extraordinarily expensive structural 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 July 26, 1990, at least \2/3\ of such key 
        stations must be readily accessible to and usable by individuals 
        with disabilities.

                      (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.

(Pub. L. 101-336, title II, Sec. 227, July 26, 1990, 104 Stat. 343.)


                             Effective Date

    Subsec. (a) of this section effective 18 months after July 26, 1990, 
and subsec. (b) of this section effective July 26, 1990, see section 231 
of Pub. L. 101-336, set out as a note under section 12141 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12148, 12150, 12209 of this 
title; title 2 section 1331.
