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42 U.S.C. § 12206Technical assistance

submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 632 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells the Attorney General to create a plan helping businesses and agencies understand the ADA. Several federal agencies share responsibility for carrying out and funding that assistance. But not getting help never excuses anyone from following the law.

(a) Plan for assistance: (1) In general: Within 180 days after July 26, 1990, the Attorney General had to create a plan to help entities covered by this law, and other federal agencies, understand their responsibilities. The Attorney General had to work 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. (2) Publication of plan: The Attorney General had to publish this plan for public comment, following the process in the Administrative Procedure Act. (b) Agency and public assistance: The Attorney General may get help from other federal agencies to carry out the plan. This can include 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 responsible for a part of this law may give technical assistance to people and institutions who have rights or duties under that part. (2) Implementation of subchapters: (A) Subchapter I: The Equal Employment Opportunity Commission and the Attorney General carry out the assistance plan for Subchapter I. (B) Subchapter II: For Part A, the Attorney General carries out the plan. For Part B, the Secretary of Transportation carries out the plan. (C) Subchapter III: The Attorney General carries out the plan, working with the Secretary of Transportation and the Chair of the Architectural and Transportation Barriers Compliance Board. The exception is section 12184, where the Secretary of Transportation alone carries out the plan. (D) Title IV: The Chairman of the Federal Communications Commission carries out the plan, working with the Attorney General. (3) Technical assistance manuals: Each responsible federal agency must make sure technical assistance manuals are available. These must reach individuals and entities with rights or duties under this law no later than six months after the final regulations for Subchapters I, II, III, and Title IV are published. (d) Grants and contracts: (1) In general: Each responsible federal agency may give grants or award contracts to carry out this section, if money has been appropriated for it. These can go to individuals, nonprofit institutions (including schools), and groups that represent people with rights or duties under this law. For-profit entities can receive contracts, but they cannot receive the grants described here. (2) Dissemination of information: These grants and contracts can be used to spread information widely about people's rights and duties, and to give technical help on how to comply with the law. (e) Failure to receive assistance: An employer, public accommodation, or other covered entity is not excused from following this law just because it failed to get technical assistance. This includes any failure by the government to develop or share a technical assistance manual.
the actual law source: uscode.house.gov ↗public domain
(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, 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 1 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-336 · 104 Stat. 371
  • 2008Amended · Pub. L. 110-325 · 122 Stat. 3558

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-336 on 1990-07-26.

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