42 U.S.C. § 12206 — Technical assistance

Page 8268 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12205 (Pub. L. 101–336, title V, § 504, July 26, 1990, 104 Stat. 370; Pub. L. 113–287, § 5(k)(5), Dec. 19, 2014, 128 Stat. 3270.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. AMENDMENTS 2014—Subsec. (c)(2). Pub. L. 113–287 substituted ‘‘divi- sion A of subtitle III of title 54’’ for ‘‘the National His- toric Preservation Act (16 U.S.C. 470 et seq.)’’. § 12205. Attorney’s fees In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the pre- vailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual. (Pub. L. 101–336, title V, § 505, July 26, 1990, 104 Stat. 371.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. § 12205a. Rule of construction regarding regu- latory authority The authority to issue regulations granted to the Equal Employment Opportunity Commis- sion, the Attorney General, and the Secretary of Transportation under this chapter includes the authority to issue regulations implementing the definitions of disability in section 12102 of this title (including rules of construction) and the definitions in section 12103 of this title, con- sistent with the ADA Amendments Act of 2008. (Pub. L. 101–336, title V, § 506, as added Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. The ADA Amendments Act of 2008, referred to in text, is Pub. L. 110–325, Sept. 25, 2008, 122 Stat. 3553, which en- acted this section and section 12103 of this title, amend- ed sections 12101, 12102, 12111 to 12114, 12201, and 12206 to 12213 of this title and section 705 and former section 706 of Title 29, Labor, and enacted provisions set out as notes under section 12101 of this title and section 705 of Title 29. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note under section 12101 of this title and Tables. PRIOR PROVISIONS A prior section 506 of Pub. L. 101–336 was renumbered section 507 and is classified to section 12206 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as an Effective Date of 2008 Amendment note under section 705 of Title 29, Labor. § 12206. Technical assistance (a) Plan for assistance (1) In general Not later than 180 days after July 26, 1990, the Attorney General, in consultation with the Chair of the Equal Employment Oppor- tunity Commission, the Secretary of Trans- portation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communica- tions Commission, shall develop a plan to as- sist entities covered under this chapter, and other Federal agencies, in understanding the responsibility of such entities and agencies under this chapter. (2) Publication of plan The Attorney General shall publish the plan referred to in paragraph (1) for public com- ment in accordance with subchapter II of chapter 5 of title 5 (commonly known as the Administrative Procedure Act). (b) Agency and public assistance The Attorney General may obtain the assist- ance 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 Depart- ment of Commerce. (c) Implementation (1) Rendering assistance Each Federal agency that has responsibility under paragraph (2) for implementing this chapter may render technical assistance to in- dividuals and institutions that have rights or duties under the respective subchapter or sub- chapters of this chapter for which such agency has responsibility. (2) Implementation of subchapters (A) Subchapter I The Equal Employment Opportunity Com- mission and the Attorney General shall im- plement the plan for assistance developed under subsection (a), for subchapter I. (B) Subchapter II (i) Part A The Attorney General shall implement such plan for assistance for part A of sub- chapter II. (ii) Part B The Secretary of Transportation shall implement such plan for assistance for part B of subchapter II. (C) Subchapter III The Attorney General, in coordination with the Secretary of Transportation and Page 8269 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12208 1 So in original. Probably should be ‘‘of’’. the Chair of the Architectural Transpor- tation Barriers Compliance Board, shall im- plement such plan for assistance for sub- chapter III, except for section 12184 of this title, the plan for assistance for which shall be implemented by the Secretary of Trans- portation. (D) Title IV The Chairman of the Federal Communica- tions Commission, in coordination with the Attorney General, 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 chapter 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 chapter no later than six months after applicable final regulations are published under subchapters I, II, and III and title IV. (d) Grants and contracts (1) In general Each Federal agency that has responsibility under subsection (c)(2) for implementing this chapter may make grants or award contracts to effectuate the purposes of this section, sub- ject to the availability of appropriations. Such grants and contracts may be awarded to indi- viduals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or in- dividual (including educational institutions), and associations representing individuals who have rights or duties under this chapter. Con- tracts may be awarded to entities organized for profit, but such entities may not be the re- cipients or 1 grants described in this para- graph. (2) Dissemination of information Such grants and contracts, among other uses, may be designed to ensure wide dissemi- nation of information about the rights and du- ties established by this chapter and to provide information and technical assistance about techniques for effective compliance with this chapter. (e) Failure to receive assistance An employer, public accommodation, or other entity covered under this chapter shall not be excused from compliance with the requirements of this chapter because of any failure to receive technical assistance under this section, includ- ing any failure in the development or dissemina- tion of any technical assistance manual author- ized by this section. (Pub. L. 101–336, title V, § 507, formerly § 506, July 26, 1990, 104 Stat. 371; renumbered § 507, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (c)(1), (3), (d), and (e), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. Title IV, referred to in subsec. (c)(2)(D), (3), means title IV of Pub. L. 101–336, July 26, 1990, 104 Stat. 366, which enacted section 225 of Title 47, Telecommuni- cations, and amended sections 152, 221, and 611 of Title 47. PRIOR PROVISIONS A prior section 507 of Pub. L. 101–336 was renumbered section 508 and is classified to section 12207 of this title. § 12207. Federal wilderness areas (a) Study The National Council on Disability shall con- duct a study and report on the effect that wil- derness designations and wilderness land man- agement practices have on the ability of individ- uals with disabilities to use and enjoy the Na- tional Wilderness Preservation System as estab- lished under the Wilderness Act (16 U.S.C. 1131 et seq.). (b) Submission of report Not later than 1 year after July 26, 1990, 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 Wil- derness Act [16 U.S.C. 1131 et seq.] is to be con- strued as prohibiting the use of a wheelchair in a wilderness area by an individual whose disability requires use of a wheelchair, and consistent with the Wilderness 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 fa- cilitate such use. (2) ‘‘Wheelchair’’ defined For purposes of paragraph (1), the term ‘‘wheelchair’’ means a device designed solely for use by a mobility-impaired person for loco- motion, that is suitable for use in an indoor pedestrian area. (Pub. L. 101–336, title V, § 508, formerly § 507, July 26, 1990, 104 Stat. 372; renumbered § 508, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in subsecs. (a) and (c)(1), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of Title 16 and Tables. PRIOR PROVISIONS A prior section 508 of Pub. L. 101–336 was renumbered section 509 and is classified to section 12208 of this title. § 12208. Transvestites For the purposes of this chapter, the term ‘‘disabled’’ or ‘‘disability’’ shall not apply to an individual solely because that individual is a transvestite.