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42 U.S.C. § 12208 — Rule of construction regarding regulatory authority
Federal law — U.S. Code and appendices · legal_authorities
The authority to issue regulations granted to the Equal Employment Opportunity Commission, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim) (including rules of construction) and the definitions in [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12103&num=0&edition=prelim), consistent with the ADA Amendments Act of 2008.
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Stable record: federal_law:legal_authorities:record_usc_85da7edfa86a11e4778b8308
Source file: Laws/federal/codes/united-states-code/title-42/section-12208-rule-of-construction-regarding-regulatory-authority--c2c3769f1e.md
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Passage SHA-256: 763b2cb76038d93ab857aa10b97238ad5d997cb0a2778c38a82126baeb925e9a
Source location: Title 42, Chapter 126, § 12208; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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The authority to issue regulations granted to the Equal Employment Opportunity Commission, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim) (including rules of construction) and the definitions in [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12103&num=0&edition=prelim), consistent with the ADA Amendments Act of 2008.
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Federal law — U.S. Code and appendices · legal_authorities
Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance of guidelines** Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter.
**(b) Contents of guidelines** The supplemental guidelines issued under subsection (a) shall establish additional requirements, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.
**(c) Qualified historic properties**
(1) **In general** — The supplemental guidelines issued under subsection (a) shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards.
(2) **Sites eligible for listing in National Register** — With respect to alterations of buildings or facilities that are eligible for listing in the National Register of Historic Places under division A of subtitle III of title 54, the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility Standards.
(3) **Other sites** — With respect to alterations of buildings or facilities designated as historic under State or local law, the guidelines described in paragraph (1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility Standards, and shall require, at a minimum, compliance with the requir
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12206
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Federal law — U.S. Code and appendices · legal_authorities
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12102
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated to carry out this subpart $22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year 2020.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 706
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Study** The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act ([16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) 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 Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.] is to be construed 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 facilitate 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 locomotion, that is suitable for use in an indoor pedestrian area.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12210
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Federal law — U.S. Code and appendices · legal_authorities
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 informa
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12208
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