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 26, 1990, 104 Stat. 370.) 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. § 12203. Prohibition against retaliation and coer- cion (a) Retaliation No person shall discriminate against any indi- vidual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an in- vestigation, proceeding, or hearing under this chapter. (b) Interference, coercion, or intimidation It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter. (c) Remedies and procedures The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b), with respect to sub- chapter I, subchapter II and subchapter III, re- spectively. (Pub. L. 101–336, title V, § 503, July 26, 1990, 104 Stat. 370.) 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. § 12204. Regulations by Architectural and Trans- portation Barriers Compliance Board (a) Issuance of guidelines Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Com- pliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible De- sign for purposes of subchapters II and III of this chapter. (b) Contents of guidelines The supplemental guidelines issued under sub- section (a) shall establish additional require- ments, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architec- ture and design, transportation, and commu- nication, to individuals with disabilities. (c) Qualified historic properties (1) In general The supplemental guidelines issued under subsection (a) shall include procedures and re- quirements for alterations that will threaten or destroy the historic significance of quali- fied historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessi- bility Standards. (2) Sites eligible for listing in National Register With respect to alterations of buildings or facilities that are eligible for listing in the Na- tional Register of Historic Places under divi- sion A of subtitle III of title 54, the guidelines described in paragraph (1) shall, at a min- imum, maintain the procedures and require- ments established in 4.1.7(1) and (2) of the Uni- form 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 para- graph (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. 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 implementing the definitions of disability in section 12102 of this title (including rules of construction) and the definitions in section 12103 of this title, con- sistent with the ADA Amendments Act of 2008. (Pub. L. 101–336, title V, § 506, as added 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. The ADA Amendments Act of 2008, referred to in text, is Pub. L. 110–325, Sept. 25, 2008, 122 Stat. 3553, which en- acted this section and section 12103 of this title, amend- ed sections 12101, 12102, 12111 to 12114, 12201, and 12206 to 12213 of this title and section 705 and former section 706 of Title 29, Labor, and enacted provisions set out as notes under section 12101 of this title and section 705 of Title 29. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note under section 12101 of this title and Tables. PRIOR PROVISIONS A prior section 506 of Pub. L. 101–336 was renumbered section 507 and is classified to section 12206 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as an Effective Date of 2008 Amendment note under section 705 of Title 29, Labor. § 12206. Technical assistance (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 Oppor- tunity Commission, the Secretary of Trans- portation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communica- tions Commission, shall develop a plan to as- sist 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 com- ment 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 assist- ance 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 Depart- ment 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 in- dividuals and institutions that have rights or duties under the respective subchapter or sub- chapters of this chapter for which such agency has responsibility. (2) Implementation of subchapters (A) Subchapter I The Equal Employment Opportunity Com- mission and the Attorney General shall im- plement 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 sub- chapter 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