
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12206]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``of''.
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                  (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.

(Pub. L. 101-336, title V, Sec. 506, July 26, 1990, 104 Stat. 371.)

                       References in Text

    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, Telegraphs, Telephones, and Radiotelegraphs, and amended 
sections 152, 221, and 611 of Title 47.

                  Section Referred to in Other Sections

    This section is referred to in title 29 section 762.
