42 U.S.C. § 12208 — Transvestites

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. 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 Government Publishing Office, and the Library of Congress,.1 (5) Enforcement of employment rights The remedies and procedures set forth in section 2000e–16 of this title shall be available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under sections 12112 through 12114 of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (6) Enforcement of rights to public services and accommodations The remedies and procedures set forth in section 2000e–16 of this title shall be available to any qualified person with a disability who is a visitor, guest, or patron of an instrumen- tality of Congress and who alleges a violation of the rights and protections under sections 12131 through 12150 of this title or section 12182 or 12183 of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commis- sion shall be exercised by the chief official of the instrumentality of the Congress. (7) Construction Nothing in this section shall alter the en- forcement procedures for individuals with dis- abilities provided in the General Accounting Office Personnel Act of 1980 and regulations promulgated pursuant to that Act. (Pub. L. 101–336, title V, § 510, formerly § 509, July 26, 1990, 104 Stat. 373; Pub. L. 102–166, title III, § 315, Nov. 21, 1991, 105 Stat. 1095; Pub. L. 104–1, title II, §§ 201(c)(3), 210(g), Jan. 23, 1995, 109 Stat. 8, 16; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; renumbered § 510, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (1), was in the origi- nal ‘‘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 General Accounting Office Personnel Act of 1980, referred to in par. (7), is Pub. L. 96–191, Feb. 15, 1980, 94 Stat. 27, which was classified principally to section 52–1 et seq. of former Title 31, and which was substantially repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof prin- cipally in subchapters III (§ 731 et seq.) and IV (§ 751 et seq.) of chapter 7 of Title 31, Money and Finance. PRIOR PROVISIONS A prior section 510 of Pub. L. 101–336 was renumbered section 511 and is classified to section 12210 of this title. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in introductory provisions and in par. (4). 1995—Pub. L. 104–1, § 201(c)(3)(F), amended section catchline generally. Pub. L. 104–1, § 201(c)(3)(A), struck out subsecs. (a) and (b) which related to coverage of Senate and House of Representatives with respect to bans on employment discrimination and other discriminatory practices against individuals with disabilities. Pub. L. 104–1, § 201(c)(3)(B), substituted ‘‘The General Accounting Office, the Government Printing Office, and the Library of Congress shall be covered as fol- lows:’’ for subsec. (c) heading and designated subsec. (c) as entire section. Par. (2). Pub. L. 104–1, § 201(c)(3)(C), struck out at end ‘‘Such remedies and procedures shall apply exclusively, except for the employees who are defined as Senate em- ployees, in section 1201(c)(1) of title 2.’’ Par. (4). Pub. L. 104–1, § 201(c)(3)(D), struck out ‘‘the Architect of the Capitol, the Congressional Budget Of- fice’’ after ‘‘the following:’’, inserted ‘‘and’’ before ‘‘the Library of Congress’’, and struck out ‘‘the Office of Technology Assessment, and the United States Botanic Garden’’ before period at end. Pub. L. 104–1, § 201(c)(3)(D), which in part directed the substitution of ‘‘the term ‘instrumentality of the Con- gress’ means’’ for ‘‘the instrumentalities of the Con- gress include’’, was executed by making the substi- tution for ‘‘instrumentalities of the Congress include’’ to reflect the probable intent of Congress.