42 USC § 12146 - New facilities

---
identifier: "/us/usc/t42/s12146"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 12146 - New facilities"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "12146"
section_name: "New facilities"
chapter_number: 126
chapter_name: "EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES"
subchapter_number: "II"
subchapter_name: "PUBLIC SERVICES"
part_number: "B"
part_name: "Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–336, title II, § 226, July 26, 1990, 104 Stat. 343.)"
---


# § 12146. New facilities

section 12132 of this titlesection 794 of title 29

For purposes of  and , 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.

---

**Source Credit**: (Pub. L. 101–336, title II, § 226, July 26, 1990, 104 Stat. 343.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 18 months after , see , set out as a note under .