Promulgation of rules and regulations
section 705(20) of this titleNo otherwise qualified individual with a disability in the United States, as defined in , shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees.
“Program or activity” defined
Significant structural alterations by small providers
Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this subsection shall be construed with reference to the regulations existing on .
Standards used in determining violation of section
42 U.S.C. 121111
Pub. L. 93–112, title V, § 50487 Stat. 394 Pub. L. 95–602, title I92 Stat. 2982 Pub. L. 99–506, title I, § 103(d)(2)(B)100 Stat. 1810 Pub. L. 100–259, § 4102 Stat. 29 Pub. L. 100–630, title II, § 206(d)102 Stat. 3312 Pub. L. 102–569, title I, § 102(p)(32)106 Stat. 4360 Pub. L. 103–382, title III, § 394(i)(2)108 Stat. 4029 Pub. L. 105–220, title IV, § 408(a)(3)112 Stat. 1203 Pub. L. 107–110, title X, § 1076(u)(2)115 Stat. 2093 Pub. L. 113–128, title IV, § 456(c)128 Stat. 1675 Pub. L. 114–95, title IX, § 9215(mmm)(3)129 Stat. 2188 (, , ; , §§ 119, 122(d)(2), , , 2987; , title X, § 1002(e)(4), , , 1844; , , ; , , ; , title V, § 506, , , 4428; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 95–602The amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978, referred to in subsec. (a), mean the amendments made by . See 1978 Amendments note below.
Pub. L. 101–336104 Stat. 327 Pub. L. 110–325, § 6(a)(2)122 Stat. 3558 section 12101 of Title 42The Americans with Disabilities Act of 1990, referred to in subsec. (d), is , , . Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter 126 of Title 42, The Public Health and Welfare. Section 510 of the Act was renumbered section 511 by , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 114–95section 7801 of title 202015—Subsec. (b)(2)(B). made technical amendment to reference in original act which appears in text as reference to .
Pub. L. 113–1282014—Subsec. (b)(2)(B). substituted “career and technical education” for “vocational education”.
Pub. L. 107–110section 7801 of title 20section 8801 of title 202002—Subsec. (b)(2)(B). substituted “” for “”.
Pub. L. 105–2201998—Subsec. (a). substituted “section 705(20)” for “section 706(8)”.
Pub. L. 103–382section 8801 of title 20section 2891(12) of title 201994—Subsec. (b)(2)(B). substituted “” for “”.
Pub. L. 102–569, § 102(p)(32)1992—Subsec. (a). , substituted “a disability” for “handicaps” and “disability” for “handicap” in first sentence.
Pub. L. 102–569, § 506Subsec. (d). , added subsec. (d).
Pub. L. 100–630, § 206(d)(1)1988—Subsec. (a). , substituted “her or his handicap” for “his handicap”.
Pub. L. 100–259, § 4(1), designated existing provisions as subsec. (a).
Pub. L. 100–259, § 4(2)Subsec. (b). , added subsec. (b).
Pub. L. 100–630, § 206(d)(2)section 2891(12) of title 20section 2854(a)(10) of title 20Subsec. (b)(2)(B). , substituted “” for “”.
Pub. L. 100–259, § 4(2)Subsec. (c). , added subsec. (c).
Pub. L. 99–506section 706(8) of this titlesection 706(7) of this title1986— substituted “individual with handicaps” for “handicapped individual” and “” for “”.
Pub. L. 95–602section 706(7) of this titlesection 706(6) of this title1978— substituted “” for “” and inserted provision prohibiting discrimination under any program or activity conducted by any Executive agency or by the United States Postal Service and requiring the heads of these agencies to promulgate regulations prohibiting discrimination.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.
Effective Date of 2002 Amendment
Pub. L. 107–110section 5 of Pub. L. 107–110section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as an Effective Date note under , Education.
Exclusion From Coverage
Pub. L. 100–259section 7 of Pub. L. 100–259section 1687 of Title 20Amendment by not to be construed to extend application of this chapter to ultimate beneficiaries of Federal financial assistance excluded from coverage before , see , set out as a Construction note under , Education.
Abortion Neutrality
Pub. L. 100–259section 8 of Pub. L. 100–259section 1688 of Title 20Amendment by not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see , set out as a note under , Education.
Construction of Prohibition Against Discrimination Under Federal Grants
Pub. L. 98–457section 127 of Pub. L. 98–457section 5101 of Title 42Rights or protections of this section not affected by any provision of , see , set out as a note under , The Public Health and Welfare.
Executive Documents
Coordination of Implementation and Enforcement of Provisions
section 2000d–1 of Title 42For provisions relating to the coordination of implementation and enforcement of the provisions of this section by the Attorney General, see section 1–201 of Ex. Ord. No. 12250, , 45 F.R. 72995, set out as a note under , The Public Health and Welfare.
Executive Order No. 11914
section 2000d–1 of Title 42Ex. Ord. No. 11914, , 41 F.R. 17871, which related to nondiscrimination in federally assisted programs, was revoked by Ex. Ord. No. 12250, , 45 F.R. 72995, set out as a note under , The Public Health and Welfare.