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42 U.S.C. § 12206 — Regulations by Architectural and Transportation Barriers Compliance Board
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
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Source file: Laws/federal/codes/united-states-code/title-42/section-12206-regulations-by-architectural-and-transportation-barriers-compliance-boar--6aa2dbc973.md
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Source location: Title 42, Chapter 126, § 12206; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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**(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 requirements established in 4.1.7(2) of such standards.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–665, title IV, § 406, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4767, related to grants and transfers, contracts and cooperative agreements, and appropriations. See [section 305305 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section305305&num=0&edition=prelim), National Park Service and Related Programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470
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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
**(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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12208
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Federal law — U.S. Code and appendices · legal_authorities
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 implem
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12206
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