36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units

Executive Order 13132 (Federalism)

The final rule adheres to the fundamental federalism principles and policy making criteria in Executive Order 13132. The final rule is issued pursuant to the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA).⁵² The ADA is civil rights legislation that was enacted by Congress pursuant to its authority to enforce the Fourteenth Amendment to the U.S. Constitution and to regulate commerce. The ADA prohibits discrimination on the basis of disability. The ADA requires facilities constructed or altered by state and local governments, and public accommodations and commercial facilities constructed or altered by private entities to be readily accessible to and usable by individuals with disabilities. The ADA recognizes the authority of state and local governments to enact and enforce laws that provide for greater or equal protection for the rights of individuals with disabilities.⁵³ The ABA requires facilities constructed or altered with federal funds and facilities leased by federal agencies to be readily accessible to and usable by individuals with disabilities.

^52. 42 U.S.C. 4151 et seq. and 42 U.S.C. 12101 et seq.

^53. 42 U.S.C. 12201 (b).