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42 U.S.C. § 12209 — Technical assistance
Federal law — U.S. Code and appendices · legal_authorities
**(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 Opportunity Commission, the Secretary of Transportation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communications Commission, shall develop a plan to assist 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 comment 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 assistance 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 Department 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 individuals and institutions that have rights or duties under the respective subchapter or subchapters of this chapter for which such agency has responsibility.
(2) **Implementation of subchapters**
(A) *Subchapter I* — The Equal Employment Opportunity Commission and the Attorney General shall implement 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 subchap
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Source location: Title 42, Chapter 126, § 12209; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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**(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 Opportunity Commission, the Secretary of Transportation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communications Commission, shall develop a plan to assist 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 comment 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 assistance 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 Department 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 individuals and institutions that have rights or duties under the respective subchapter or subchapters of this chapter for which such agency has responsibility.
(2) **Implementation of subchapters**
(A) *Subchapter I* — The Equal Employment Opportunity Commission and the Attorney General shall implement 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 subchapter 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 the Chair of the Architectural Transportation Barriers Compliance Board, shall implement such plan for assistance for subchapter III, except for [section 12184 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12184&num=0&edition=prelim), the plan for assistance for which shall be implemented by the Secretary of Transportation.
(D) *Title IV* — The Chairman of the Federal Communications 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, subject to the availability of appropriations. Such grants and contracts may be awarded to individuals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual (including educational institutions), and associations representing individuals who have rights or duties under this chapter. Contracts may be awarded to entities organized for profit, but such entities may not be the recipients or 11 So in original. Probably should be “of”. grants described in this paragraph.
(2) **Dissemination of information** — Such grants and contracts, among other uses, may be designed to ensure wide dissemination of information about the rights and duties 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, including any failure in the development or dissemination of any technical assistance manual authorized by this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
As used in this subchapter:
(1) **Commerce** — The term “commerce” means travel, trade, traffic, commerce, transportation, or communication—
(A) among the several States;
(B) between any foreign country or any territory or possession and any State; or
(C) between points in the same State but through another State or foreign country.
(2) **Commercial facilities** — The term “commercial facilities” means facilities—
(A) that are intended for nonresidential use; and
(B) whose operations will affect commerce.
Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in [section 12162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12162&num=0&edition=prelim) or covered under this subchapter, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 11 See References in Text note below. ([42 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3601&num=0&edition=prelim) et seq.).
(3) **Demand responsive system** — The term “demand responsive system” means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.
(4) **Fixed route system** — The term “fixed route system” means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule.
(5) **Over-the-road bus** — The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.
(6) **Private entity** — The term “private entity” means any entity other than a public entity (as defined in
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12184
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Federal law — U.S. Code and appendices · legal_authorities
In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12207
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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) Entities subject to this section** The requirements of this section shall apply to—
(1) each office of the Senate, including each office of a Senator and each committee;
(2) each office of the House of Representatives, including each office of a Member of the House of Representatives and each committee;
(3) each joint committee of the Congress;
(4) the Office of Congressional Accessibility Services;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the Capitol (including the Botanic Garden);
(8) the Office of the Attending Physician;
(9) the Office of Congressional Workplace Rights;
(10) the Office of Technology Assessment; and
(11) the Library of Congress.
**(b) Discrimination in public services and accommodations**
(1) **Rights and protections** — The rights and protections against discrimination in the provision of public services and accommodations established by sections 201 through 230, 302, 303, and 309 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131–121&num=0&edition=prelim)50, 12182, 12183, and 12189) shall apply to the entities listed in subsection (a).
(2) **Definitions** — For purposes of the application of title II of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131&num=0&edition=prelim) et seq.) under this section, the term “public entity” means any entity listed in subsection (a) that provides public services, programs, or activities.
**(c) Remedy** The remedy for a violation of subsection (b) shall be such remedy as would be appropriate if awarded under section 203 or 308(a) of the Americans
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transition provisions for employees of House of Representatives and of Senate**
(1) **Claims arising before effective date** — If, as of the date on which [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) takes effect, an employee of the Senate or the House of Representatives has or could have requested counseling under section 305 11 See References in Text note below. of the Government Employees Rights Act of 1991 or Rule LI of the House of Representatives, including counseling for alleged violations of family and medical leave rights under title V of the Family and Medical Leave Act of 1993, the employee may complete, or initiate and complete, all procedures under the Government Employees Rights Act of 1991 and Rule LI, and the provisions of that Act and Rule shall remain in effect with respect to, and provide the exclusive procedures for, those claims until the completion of all such procedures.
(2) **Claims arising between effective date and opening of Office** — If a claim by an employee of the Senate or House of Representatives arises under section 1311 or 1312 of this title after the effective date of such sections, but before the opening of the Office for receipt of requests for counseling or mediation under sections 1402 and 1403 of this title, the provisions of the Government Employees Rights Act of 1991 and Rule LI of the House of Representatives relating to counseling and mediation shall remain in effect, and the employee may complete under that Act or Rule the requirements for counseling and mediation under sections 1402 and 1403 of this title. If, after counseling and mediation is completed, the Office has not yet opened for the filing of a timely complaint under [sect
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, the term “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite.
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Federal law — U.S. Code and appendices · legal_authorities
Page 8270
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12209
1 So in original. The comma probably should not appear.
(Pub. L. 101–336, title V, § 509, formerly § 508, July
26, 1990, 104 Stat. 373; renumbered § 509, 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.
PRIOR PROVISIONS
A prior section 509 of Pub. L. 101–336 was renumbered
section 510 and is classified to section 12209 of this title.
§ 12209. Instrumentalities of Congress
The Government Accountability Office, the
Government Publishing Office, and the Library
of Congress shall be covered as follows:
(1) In general
The rights and protections under this chap-
ter shall, subject to paragraph (2), apply with
respect to the conduct of each instrumentality
of the Congress.
(2) Establishment of remedies and procedures
by instrumentalities
The chief official of each instrumentality of
the Congress shall establish remedies and pro-
cedures to be utilized with respect to the
rights and protections provided pursuant to
paragraph (1).
(3) Report to Congress
The chief official of each instrumentality of
the Congress shall, after establishing remedies
and procedures for purposes of paragraph (2),
submit to the Congress a report describing the
remedies and procedures.
(4) Definition of instrumentalities
For purposes of this section, the term ‘‘in-
strumentality of the Congress’’ means the fol-
lowing:,1 the Government Accountability Of-
fice, the Governm
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12209
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