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42 U.S.C. § 12204 — Construction

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12204 — Construction

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Source location: Title 42, Chapter 126, § 12204; chapter-126-equal-opportunity-for-individuals-with-disabilities.md

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**(a) In general** Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 ([29 U.S.C. 790](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section790&num=0&edition=prelim) et seq.) or the regulations issued by Federal agencies pursuant to such title. **(b) Relationship to other laws** Nothing in this chapter shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this chapter. Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter I, in transportation covered by subchapter II or III, or in places of public accommodation covered by subchapter III. **(c) Insurance** Subchapters I through III of this chapter and title IV of this Act shall not be construed to prohibit or restrict— (1) an insurer, hospital or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or (2) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or (3) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance. Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the purposes of subchapter 11 So in original. Probably should be “subchapters”. I and III. **(d) Accommodations and services** Nothing in this chapter shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit which such individual chooses not to accept. **(e) Benefits under State worker’s compensation laws** Nothing in this chapter alters the standards for determining eligibility for benefits under State worker’s compensation laws or under State and Federal disability benefit programs. **(f) Fundamental alteration** Nothing in this chapter alters the provision of [section 12182(b)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12182/b/2/A/ii&num=0&edition=prelim), specifying that reasonable modifications in policies, practices, or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic requirements in postsecondary education, would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations involved. **(g) Claims of no disability** Nothing in this chapter shall provide the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual’s lack of disability. **(h) Reasonable accommodations and modifications** A covered entity under subchapter I, a public entity under subchapter II, and any person who owns, leases (or leases to), or operates a place of public accommodation under subchapter III, need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability in [section 12102(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102/1&num=0&edition=prelim) solely under subparagraph (C) of such section.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 225 — Telecommunications services for hearing-impaired and speech-impaired individuals

**(a) Definitions** As used in this section— (1) **Common carrier or carrier** — The term “common carrier” or “carrier” includes any common carrier engaged in interstate communication by wire or radio as defined in [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim) and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 152(b) and 221(b) of this title. (2) **TDD** — The term “TDD” means a Telecommunications Device for the Deaf, which is a machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. (3) **Telecommunications relay services** — The term “telecommunications relay services” means telephone transmission services that provide the ability for an individual who is deaf, hard of hearing, deaf-blind, or who has a speech disability to engage in communication by wire or radio with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio. **(b) Availability of telecommunications relay services** (1) **In general** — In order to carry out the purposes established under [section 151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim), to make available to all individuals in the United States a rapid, efficient nationwide communication service, and to increase the utility of the telephone system of the Nation, the Commission shall ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficie

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 701 — Responsibilities of the Administrator

**(a) Approval of State plans** (1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) **Procedures** (A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim). (B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions— (i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator; (ii) to the State agency shall be deemed to be references to the designated State entity; and (iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 701

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 705 — Authorized uses of funds

**(a) In general** The State may use funds received under this subpart to provide the resources described in [section 796d(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796d/e&num=0&edition=prelim) (but may not use more than 30 percent of the funds paid to the State under [section 796e–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796e-1&num=0&edition=prelim) for such resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under [section 796d–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796d-1&num=0&edition=prelim)), relating to the Statewide Independent Living Council, may retain funds under [section 796c(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c/c/5&num=0&edition=prelim), and shall distribute the remainder of the funds received under this subpart in a manner consistent with the approved State plan for the activities described in subsection (b). **(b) Activities** The State may use the remainder of the funds described in subsection (a)— (1) to provide independent living services to individuals with significant disabilities, particularly those in unserved areas of the State; (2) to demonstrate ways to expand and improve independent living services; (3) to support the operation of centers for independent living that are in compliance with the standards and assurances set forth in subsections (b) and (c) of [section 796f–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796f-4&num=0&edition=prelim); (4) to support activities to increase the capacities o

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 705

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 790 — National Institute on Disability, Independent Living, and Rehabilitation Research

**(a) Establishment; Director as principal officer** (1) There is established within the Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this subchapter as the “Institute”), which shall be headed by a Director (hereinafter in this subchapter referred to as the “Director”), in order to— (A) promote, coordinate, and provide for— (i) research; (ii) demonstration projects, training, and technical assistance; (iii) outreach and information that clarifies research implications for policy and practice; and (iv) related activities, with respect to individuals with disabilities; (B) more effectively carry out activities through the programs under [section 764 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section764&num=0&edition=prelim) and activities under this section; (C) widely disseminate information from the activities described in subparagraphs (A) and (B); and (D) provide leadership in advancing the quality of life of individuals with disabilities. (2) In the performance of the functions of the office, the Director shall be directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services. **(b) Duties of Director** The Director, through the Institute, shall be responsible for— (1) administering the programs described in [section 764 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section764&num=0&edition=prelim) and activities under this section; (2) widely disseminating findings, conclusions, and recommendations, resulting from research, demonstration projec

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12162 — Regulations

**(a) In general** Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart (other than [section 12143 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12143&num=0&edition=prelim)). **(b) Standards** The regulations issued under this section and [section 12143 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12143&num=0&edition=prelim) shall include standards applicable to facilities and vehicles covered by this part. The standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with [section 12204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12162

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12189 — Regulations

**(a) Transportation provisions** (1) **General rule** — Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 11 So in original. Probably should be “section”. 12182(b)(2)(B) and (C) of this title and to carry out [section 12184 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12184&num=0&edition=prelim) (other than subsection (b)(4)). (2) **Special rules for providing access to over-the-road buses** (A) *Interim requirements* (i) *Issuance* — Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require each private entity which uses an over-the-road bus to provide transportation of individuals to provide accessibility to such bus; except that such regulations shall not require any structural changes in over-the-road buses in order to provide access to individuals who use wheelchairs during the effective period of such regulations and shall not require the purchase of boarding assistance devices to provide access to such individuals. (ii) *Effective period* — The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under subparagraph (B). (B) *Final requirement* (i) *Review of study and interim requirements* — The Secretary shall review the study submitted under [section 12185 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12185&num=0&edition=prelim) and the regulations issued pursuant to subparagraph (A). (ii) *Issuance* — Not later than 1 year after the date

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12189

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 790 — Repealed. Pub. L. 102–569, title V, § 502(a),

Page 286 TITLE 29—LABOR § 784 § 503, Oct. 21, 1986, 100 Stat. 1810, 1829; Pub. L. 100–630, title II, § 205(e), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–569, title I, § 102(p)(28), title IV, § 404, Oct. 29, 1992, 106 Stat. 4360, 4423; Pub. L. 103–73, title I, § 111, Aug. 11, 1993, 107 Stat. 727, related to National Council staff, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 783, Pub. L. 93–112, title IV, § 403, Sept. 26, 1973, 87 Stat. 387; Pub. L. 93–516, title I, § 108, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 108, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 8, 11(b)(11), Mar. 15, 1976, 90 Stat. 212, 213, authorized ap- propriations to conduct program and project evalua- tions, prior to repeal by Pub. L. 95–602, § 117. § 784. Administrative powers of National Council (a) Bylaws and rules The National Council may prescribe such by- laws and rules as may be necessary to carry out its duties under this subchapter. (b) Hearings The National Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as it deems advisable. (c) Advisory committees The National Council may appoint advisory committees to assist the National Council in carrying out its duties. The members thereof shall serve without compensation. (d) Use of mails The National Council may use the United States mails in the same manner and upon the same conditions as other departments and agen- cies of the United States. (e) Use of services, personnel, information, and facilities The National Council may use, with the con- sent of the agencies represented on the Inter- agency Disability Coordinating Council, and as authorized in subchapter V, such services, p

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 790

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12204 — Regulations by Architectural and Trans-

Page 8267 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12204 1 So in original. Probably should be ‘‘in a’’. 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 Rehabilitation Act of 1973, referred to in subsec. (a), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title V of the Rehabilitation Act of 1973 is classified generally to subchapter V (§ 790 et seq.) of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. Title IV of this Act, referred to in subsec. (c), 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. AMENDMENTS 2008—Subsecs. (e) to (h). Pub. L. 110–325 added sub- secs. (e) to (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor. § 12202. State immunity A State shall not be immune under the elev- enth amendment to the Constitution of the United States from an action in 1 Federal or State court of competent jurisdiction for a vio- lation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a viola- tion to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. (Pub. L. 101–336, title V, § 502, July

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12204

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