TITLE 42 - THE PUBLIC HEALTH
AND WELFARE
CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES
SUBCHAPTER IV - MISCELLANEOUS PROVISIONS42 U.S.C. Section 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
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) of this
section, 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) of this section, for subchapter I
of this
chapter.
(B) Subchapter II
(i) Part A
The Attorney General shall implement such plan for
assistance for part A of subchapter II of this
chapter.
(ii) Part B
The Secretary of Transportation shall implement such plan
for assistance for part B of subchapter II of this chapter.
(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 of this chapter, 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 of this chapter and
title IV.
(d) Grants and contracts
(1) In general
Each Federal agency that has responsibility under subsection
(c)(2) of this section 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-
(Pub. L. 101-336, title V, Sec. 506, July 26, 1990, 104 Stat.
371.)
