dreamproit/uscode huggingface dataset:
42 U.S.C. § 12183 (THE PUBLIC HEALTH AND WELFARE)
§ 12183. New construction and alterations in public accommodations and commercial facilities
(a) Application of term
Except as provided in subsection (b), as applied to public accommodations and commercial facilities, discrimination for purposes of section 12182(a) of this title includes—
(1) a failure to design and construct facilities for first occupancy later than 30 months after July 26, 1990, that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this subchapter; and
(2) with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).
(b) Elevator
Subsection (a) shall not be construed to require the installation of an elevator for facilities that are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities.
(Pub. L. 101–336, title III, § 303, July 26, 1990, 104 Stat. 358.)
heading: Effective Date
text: Section effective 18 months after July 26, 1990, see section 310(a), (b) of Pub. L. 101–336, set out as a note under section 12181 of this title.
42 U.S.C. § 12203 (THE PUBLIC HEALTH AND WELFARE)
§ 12203. Prohibition against retaliation and coercion
(a) Retaliation
No person shall discriminate against any individual 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 investigation, 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 subchapter I, subchapter II and subchapter III, respectively.
(Pub. L. 101–336, title V, § 503, July 26, 1990, 104 Stat. 370.)
heading: References in Text
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 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.
heading: Constitutionality
text: For constitutionality of section 503 of Pub. L. 101–336, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
42 U.S.C. § 12204 (THE PUBLIC HEALTH AND WELFARE)
§ 12204. Regulations by Architectural and Transportation Barriers Compliance Board
(a) Issuance of guidelines
Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter.
(b) Contents of guidelines
The supplemental guidelines issued under subsection (a) shall establish additional requirements, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.
(c) Qualified historic properties
(1) In general
The supplemental guidelines issued under subsection (a) shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards.
(2) Sites eligible for listing in National Register
With respect to alterations of buildings or facilities that are eligible for listing in the National Register of Historic Places under division A of subtitle III of title 54, the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform 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 paragraph (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.
(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.)
heading: References in Text
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 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.
heading: Amendments
text: 2014—Subsec. (c)(2). Pub. L. 113–287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (16 U.S.C. 470 et seq.)”.
42 U.S.C. § 12207 (THE PUBLIC HEALTH AND WELFARE)
§ 12207. Federal wilderness areas
(a) Study
The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System as established 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 Wilderness Act [16 U.S.C. 1131 et seq.] is to be construed 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 facilitate 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 locomotion, 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.)
heading: References in Text
text: The Wilderness Act, referred to in subsecs. (a) and (c)(1), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, 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.
heading: Prior Provisions
text: A prior section 508 of Pub. L. 101–336 was renumbered section 509 and is classified to section 12208 of this title.
42 U.S.C. § 12311 (THE PUBLIC HEALTH AND WELFARE)
§ 12311. Establishment of Administration on Children, Youth, and Families
(a) In general
There is established within the Department of Health and Human Services an Administration on Children, Youth, and Families.
(b) Commissioner
(1) Establishment
(A) In general
The Administration on Children, Youth, and Families, as established under subsection (a), shall be headed by a Commissioner on Children, Youth, and Families.
(B) Omitted
(2) Appointment
The President, by and with the advice and consent of the Senate, shall appoint the Commissioner.
(Pub. L. 101–501, title IX, § 915, Nov. 3, 1990, 104 Stat. 1263.)
heading: Codification
text: Section is comprised of section 915 of Pub. L. 101–501. Subsec. (b)(1)(B) of section 915 of Pub. L. 101–501 amended section 5316 of Title 5, Government Organization and Employees.
42 U.S.C. § 12315 (THE PUBLIC HEALTH AND WELFARE)
§ 12315. Administration
(a) Duties of Commissioner
In carrying out this subchapter, the Commissioner is authorized to—
(1) provide consultative services, technical assistance, and short-term training to the independent State bodies;
(2) conduct research and demonstrations;
(3) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this subchapter;
(4) provide staff and other technical assistance to the Council;
(5) evaluate the effectiveness of programs authorized under this subchapter and periodically publish analyses of the results of such evaluations; and
(6) not later than 180 days after the end of each fiscal year, prepare and submit, to the President and the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on Labor and Human Resources of the Senate, a report concerning the activities carried out under this subchapter and concerning such other activities as the Secretary determines appropriate.
(b) Utilization of services and facilities
(1) In general
Subject to agreements made between the Commissioner and the head of such agency or organization, in carrying out the duties referred to in subsection (a) the Commissioner may utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or organizations.1
(2) Payment
The Commissioner may pay for such services and facilities, in advance or by way of reimbursement, as may be provided in such agreement.
(c) Reservation of funds
Of the aggregate amount appropriated to carry out this chapter in any fiscal year, the Secretary may reserve not more than 10 percent for salaries and expenses of the Administration on Children, Youth, and Families related to the administration of this chapter.
(Pub. L. 101–501, title IX, § 919, Nov. 3, 1990, 104 Stat. 1267.)
heading: Change of Name
text: Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
42 U.S.C. § 12335 (THE PUBLIC HEALTH AND WELFARE)
§ 12335. State plan
(a) Submission of plan
The chief executive officer of a State, in order to be eligible for grants from an allotment under section 12337, 12338, or 12339 1 of this title for any fiscal year, shall prepare and submit to the Commissioner a State plan for a 3-year period.
(b) Revisions of plan
Each chief executive officer of a State may make annual revisions of the State plan referred to in subsection (a).
(c) Content of plan
The chief executive officer of a State shall include within the State plan of that State assurances as required under sections 2 12337, 12338, or 12339 1 of this title, and a description of the proposed multi-year plans of the State for program development and implementation.
(d) Type of application
A State may apply for funds under one or more of the following categories:
(1) section 12337 of this title;
(2) sections 12337 and 12338 of this title jointly; or
(3) section 12339 1 of this title.
In the case of each category, the State application and plan shall comply only with the requirements of the appropriate section.
(e) Approval of plan
(1) In general
The Commissioner shall approve any State plan under sections 12337 and 12338 of this title that the Commissioner determines meets the requirements of such sections.
(2) Notice and opportunity to correct deficiencies
The Commissioner shall not make a final determination disapproving any State plan, modifying such plan, or declaring a State to be ineligible to receive funds under sections 12337 and 12338 of this title without previously affording such State reasonable notice and opportunity to correct deficiencies in its application.
(Pub. L. 101–501, title IX, § 929, Nov. 3, 1990, 104 Stat. 1270.)
heading: References in Text
text: Section 12339 of this title, referred to in subsecs. (a), (c), and (d)(3), was repealed by Pub. L. 103–252, title IV, § 401(b)(1), May 18, 1994, 108 Stat. 672.
42 U.S.C. § 12338 (THE PUBLIC HEALTH AND WELFARE)
§ 12338. Supportive services
(a) Authority
The Commissioner shall carry out a program for making grants to a State, that has designated an independent State body under section 12336 of this title and provided for coordinated services under section 12337 of this title, for distribution by the chief executive officer under a State plan approved under section 12337 of this title to demonstrate successful program approaches to fill service gaps identified through State planning and advocacy efforts for any of the areas specified in paragraph (2).
(b) Eligible services
The services eligible to be provided under subsection (a) are services—
(1) that are designed to facilitate the provision of comprehensive community based services that are efficient, coordinated, and readily available through such activities as case planning, case management, intake and assessment, and information and referral; and
(2) that serve any of the following purposes—
(A) provide adequate and safe physical shelter to young individuals and the families of such individuals, especially in emergency circumstances;
(B) provide transitional living services to young individuals who are homeless;
(C) enable young individuals to attain and maintain physical and mental well-being;
(D) provide health screening to detect or prevent illnesses, or both, that occur most frequently in young individuals as well as better treatment and counseling;
(E) enhance the development of children to ensure that such children enter school prepared and ready to learn;
(F) promote the highest quality of educational opportunity, especially through drop-out prevention programs, remediation for young individuals who have dropped out of school, and vocational education;
(G) provide effective training apprenticeships and employment opportunities;
(H) promote participation in community service and civic, cultural, and recreational activities that value young individuals as resources and promote self-esteem and a stake in the community;
(I) promote the participation of young individuals in decisions concerning planning and managing the lives of such individuals;
(J) encourage young individuals and the families of such individuals to use any community facilities and services that are available to such individuals;
(K) ensure that young individuals who are unable to live with the biological families of such individuals have a safe place to live until such individuals can return home or move into independent adult life; and
(L) prevent the abuse, neglect, or exploitation of young individuals.
(Pub. L. 101–501, title IX, § 932, Nov. 3, 1990, 104 Stat. 1273.)
42 U.S.C. § 12353 (THE PUBLIC HEALTH AND WELFARE)
§ 12353. Establishment of National Center on Family Resource and Support Programs
(a) Establishment
The Commissioner shall establish, through grant or contract, a national center for the collection and provision of programmatic information and technical assistance that relates to all types of family resource and support programs, to be known as the “National Center on Family Resource and Support Programs”.
(b) Functions
The national center established under subsection (a) shall serve as a national information and data clearinghouse, training, technical assistance, and material development source for family resource and support programs. Such center shall—
(1) develop and maintain a system for disseminating information on all types of family resource and support programs and on the state of family resource and support program development, including information concerning the most effective model programs;
(2) develop and sponsor a variety of training institutes and curricula for family resource and support program staff;
(3) identify several programs representing the various types of family resource and support programs to develop technical assistance materials and activities to assist other agencies in establishing family resource and support programs; and
(4) develop State-wide networks of family resource and support programs for the purpose of sharing and disseminating information.
(Pub. L. 101–501, title IX, § 958, Nov. 3, 1990, 104 Stat. 1279; Pub. L. 103–252, title IV, § 403(a), May 18, 1994, 108 Stat. 673.)
heading: Amendments
text: 1994—Subsec. (b)(3). Pub. L. 103–252 substituted “several programs” for “several model programs”.
42 U.S.C. § 12373 (THE PUBLIC HEALTH AND WELFARE)
§ 12373. Conference administration
(a) Administration
For purposes of carrying out this subchapter, the Secretary shall—
(1) request the cooperation and assistance of the heads of such other Federal departments and agencies as may be appropriate;
(2) furnish all reasonable assistance to State agencies administering programs related to children, youth and families, and to other appropriate organizations, to enable them to organize and conduct conferences in conjunction with the Conference;
(3) prepare and make available for public comment a proposed agenda for the Conference which reflects, to the greatest extent possible, the major issues facing children, youth, and families consistent with subsection (a);
(4) prepare and make available background materials which the Secretary deems necessary for the use of delegates to the Conference; and
(5) engage such additional personnel as may be necessary to carry out this section without regard to provisions of title 5 governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(b) Duties
The Secretary shall, in carrying out the Secretary’s responsibilities and functions under this section, ensure that—
(1) the conferences under subsection (a)(2) will be conducted so as to ensure broad participation of young individuals;
(2) the proposed agenda for the Conference under subsection (a)(3) is published in the Federal Register not less than 180 days before the beginning of the Conference and the proposed agenda is open for public comment for a period of not less than 60 days;
(3) the final agenda for the Conference, taking into consideration the comments received under paragraph (2), is published in the Federal Register and transmitted to the chief executive officers of the States not later than 30 days after the close of the public comment period provided for under paragraph (2);
(4) the personnel engaged under subsection (a)(5) shall be fairly balanced in terms of points of views represented and shall be appointed without regard to political affiliation or previous partisan activities;
(5) the recommendations of the Conference are not inappropriately influenced by any appointing authority or by any special interest, but will instead be the result of the independent judgment of the Conference; and
(6) to the extent practicable, current and adequate statistical data (including decennial census data) and other information on the well-being of young individuals in the United States are readily available, in advance of the Conference, to the delegates of the Conference, together with such information as may be necessary to evaluate Federal programs and policies relating to children and youth. In carrying out this subparagraph, the Secretary may make grants to, and enter into contracts with, public agencies and nonprofit private organizations.
(Pub. L. 101–501, title IX, § 984, Nov. 3, 1990, 104 Stat. 1281.)
42 U.S.C. § 12377 (THE PUBLIC HEALTH AND WELFARE)
§ 12377. Authorization of appropriations
(a) Authorization
There are authorized to be appropriated such sums as may be necessary, for each of the fiscal years 1993 and 1994, to carry out this subchapter. Sums appropriated under this subsection shall remain available until the expiration of the 1-year period beginning on the date the Conference is adjourned. New spending authority or authority to enter into contracts as provided in this subchapter shall be effective only to the extent and in such amounts as are provided in advance in appropriations Acts.
(b) Return of unexpended funds
Any funds remaining upon the expiration of the 1-year period referred to in subsection (a) shall be returned to the Treasury of the United States and credited as miscellaneous receipts.
(Pub. L. 101–501, title IX, § 988, Nov. 3, 1990, 104 Stat. 1283.)
42 U.S.C. § 12402 (THE PUBLIC HEALTH AND WELFARE)
§ 12402. Report to Congress
(a) Not later than January 1, 1999, the Secretary shall transmit to Congress a detailed report on the status and progress of the programs authorized under this chapter.
(b) A report under subsection (a) shall include, in addition to any views and recommendations of the Secretary—
(1) an analysis of the effectiveness of the programs authorized under this chapter, to be prepared and submitted to the Secretary by the Hydrogen Technical Advisory Panel established under section 12407 of this title; and
(2) recommendations of the Hydrogen Technical Advisory Panel for any improvements in the program that are needed, including recommendations for additional legislation.
(Pub. L. 101–566, § 103, Nov. 15, 1990, 104 Stat. 2797; Pub. L. 104–271, title I, § 102(a), Oct. 9, 1996, 110 Stat. 3304.)
heading: Amendments
text: 1996—Pub. L. 104–271 amended section generally, substituting provisions requiring report to Congress on chapter programs by Jan. 1, 1999, for provisions regarding preparation and contents of comprehensive 5-year program management plan for research and development activities and comprehensive large-scale hydrogen demonstration plan with respect to section 12404 demonstrations.