; and (2) in which a person poses a direct threat to the health and safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services. (c) Nondiscrimination Nothing in this Act (or the amendments made by this Act) shall be construed to limit or alter the protections and requirements of applicable Federal and State civil rights laws and regulations. (d) Definitions In this section, the term direct threat has the meaning given to such term in sections 35.139 and 35.104 of title 28, Code of Federal Regulations (as in effect on the date of enactment of this Act).