§ 1331. Rights and protections under Americans with Disabilities Act of 1990 relating to public services and accommodations; procedures for remedy of violations

Footnotes

1. 1 So in original. The comma probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1995

   Pub. L. 104–1 title II § 210 · 109 Stat. 3

   Enacted · 2 U.S.C. § 1331

   Pub. L. 104–1, title II, § 210, Jan. 23, 1995, 109 Stat. 13

   Source evidence

   Code source credit
   Pub. L. 104–1, title II, § 210, Jan. 23, 1995, 109 Stat. 13

   Enacted provision · exact public law section
   SEC. 210. RIGHTS AND PROTECTIONS UNDER THE AMERICANS WITH DISABIUTIES ACT OF 1990 RELATING TO PUBLIC SERVICES AND ACCOMMODATIONS; PROCEDURES FOR REMEDY OF VIOLATIONS. (a) Entities Subject to This Section.— The requirements of this section shall apply to— (1) each office of the Senate, including each office of a Senator and each committee; (2) each office of the House of Representatives, including each office of a Member of the House of Representatives and each committee; (3) each joint committee of the Congress; (4) the Capitol Guide Service; (5) the Capitol Police; (6) the Congressional Budget Office; (7) the Office of the Architect of the Capitol (including the Senate Restaurants and the Botanic Garden); (8) the Office of the Attending Physician; (9) the Office of Compliance; and (10) the Office of Technology Assessment. (b) Discrimination in Public Services and Accommodations.— (1) Rights and protections.— The rights and protections against discrimination in the provision of public services and accommodations established by sections 201 through 230, 302, 303, and 309 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131–12150, 12182, 12183, and 12189) shall apply to the entities listed in subsection (a). (2) Definitions.— For purposes of the application of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) under this section, the term “public entity means any entity listed in subsection (a) that provides public services, programs, or activities. (c) Remedy.— The remedy for a violation of subsection (b) shall be such remedy as would be appropriate if awarded under section 203 or 308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12133, 12188(a)), except that, with respect to any claim of employment discrimination asserted by any covered employee, the exclusive remedy shall be under section 201 of this title. (d) Available Procedures.— (1) Charge filed with general counsel.— A qualified individual with a disability, as defined in section 201(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131(2)), who alleges a violation of subsection (b) by an entity listed in subsection (a), may file a charge against any entity responsible for correcting the violation with the General Counsel within 180 days of the occurrence of the alleged violation. The General Counsel shall investigate the charge. (2) Mediation.— If, upon investigation under paragraph (1), the General Counsel believes that a violation of subsection (b) may have occurred and that mediation may be helpful in resolving the dispute, the General Counsel may request, but not participate in, mediation under subsections (b) through (d) of section 403 between the charging individual and any entity responsible for correcting the alleged violation. (3) Complaint, hearing, board review.— If mediation under paragraph (2) has not succeeded in resolving the dispute, and if the General Counsel believes that a violation of subsection (b) may have occurred, the General Counsel may file with the Office a complaint against any entity responsible for correcting the violation. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 405 and any person who has filed a charge under paragraph (1) may intervene as of right, with the full rights of a party. The decision of the hearing officer shall be subject to review by the Board pursuant to section 406. (4) Judicial review.— A charging individual who has intervened under paragraph (3) or any respondent to the complaint, if aggrieved by a final decision of the Board under paragraph (3), may file a petition for review in the United States Court of Appeals for the Federal Circuit, pursuant to section 407. (5) Compliance date.— If new appropriated funds are necessary to comply with an order requiring correction of a viola-tion of subsection (b), compliance shall take place as soon as possible, but no later than the fiscal year following the end of the fiscal year in which the order requiring correction becomes final and not subject to further review. (e) Regulations To Implement Section.— (1) In general.— The Board shall, pursuant to section 304, issue regulations to implement this section. (2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Attorney General and the Secretary of Transportation to implement the statutory provisions referred to in subsection (b) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. (3) Entity responsible for correction.— The regulations issued under paragraph (1) shall include a method of identifying, for purposes of this section and for categories of violations of subsection (b), the entity responsible for correction of a particular violation. (f) Periodic Inspections; Report to Congress; Initial Study.— (1) Periodic inspections.— On a regular basis, and at least once each Congress, the General Counsel shall inspect the facilities of the entities listed in subsection (a) to ensure compliance with subsection (b). (2) Report.— On the basis of each periodic inspection, the General Counsel shall, at least once every Congress, prepare and submit a report— (A) to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Office of the Architect of the Capitol, or other entity responsible, for correcting the violation of this section uncovered by such inspection, and (B) containing the results of the periodic inspection, describing any steps necessary to correct any violation of this section, assessing any limitations in accessibility to and usability by individuals with disabilities associated with each violation, and the estimated cost and time needed for abatement. (3) Initial period for study and corrective action.— The period from the date of the enactment of this Act until December 31, 1996, shall be available to the Office of the Architect of the Capitol and other entities subject to this section to identify any violations of subsection (b), to determine the costs of compliance, and to take any necessary corrective action to abate any violations. The Office shall assist the Office of the Architect of the Capitol and other entities listed in subsection (a) by arranging for inspections and other technical assistance at their request. Prior to July 1, 1996, the General Counsel shall conduct a thorough inspection under paragraph (1) and shall submit the report under paragraph (2) for the One Hundred Fourth Congress. (4) Detailed personnel.— The Attorney General, the Secretary of Transportation, and the Architectural and Transportation Barriers Compliance Board may, on request of the Execu-tive Director, detail to the Office such personnel as may be necessary to advise and assist the Office in carrying out its duties under this section. (g) Application of Americans With Disabilities Act of 1990 to the Provision of Public Services and Accommodations by the General Accounting Office, the Government Printing Office, and the Library of Congress.— Section 509 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209)), as amended by section 201(c) of this Act, is amended by adding the following new paragraph: “(6) Enforcement of rights to public services and accommodations.— The remedies and procedures set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) shall be available to any qualified person with a disability who is a visitor, guest, or patron of an instrumentality of Congress and who alleges a violation of the rights and protections under sections 201 through 230 or section 302 or 303 of this Act that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress.”. (h) Effective Date.— (1) In general.— Subsections (b), (c), and (d) shall be effective on January 1, 1997. (2) General accounting office, government printing office, and library of congress.— Subsection (g) shall be effective 1 year after transmission to the Congress of the study under section 230.

2. 2004

   GAO Human Capital Reform Act of 2004

   Pub. L. 108–271 § 8(b) · 118 Stat. 811

   Substituted · 2 U.S.C. § 1331(h)(2)

   Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading

   Source evidence

   Code amendment note
   Subsec. (h)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading.

   Enacted provision · exact public law section
   (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

3. 2008

   Pub. L. 110–279 § 1(g)(2) · 122 Stat. 2604

   Substituted · 2 U.S.C. § 1331(a)(7)

   Pub. L. 110–279 substituted “the Botanic Garden” for “the Senate Restaurants and the Botanic Garden”

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 110–279 substituted “the Botanic Garden” for “the Senate Restaurants and the Botanic Garden”.

   Enacted provision · exact public law section
   (2) Disabilities.— Section 210(a)(7) of the Congressional Accountability Act of 1995 (2 U.S.C. 1331(a)(7)) is amended by striking “the Senate Restaurants and the Botanic Garden” and inserting “the Botanic Garden”.

4. 2008

   Capitol Visitor Center Act of 2008

   Pub. L. 110–437 title IV § 422(b)(3) · 122 Stat. 4983

   Substituted · 2 U.S.C. § 1331(a)(4)

   Pub. L. 110–437 substituted “the Office of Congressional Accessibility Services;” for “the Capitol Guide Service;”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 110–437 substituted “the Office of Congressional Accessibility Services;” for “the Capitol Guide Service;”.

   Enacted provision · exact public law section
   (3) Rights and protections relating to public services and accommodations.— Section 210(a)(4) of such Act (2 U.S.C. 1331(a)(4)) is amended to read as follows: “(4) the Office of Congressional Accessibility Services;” .

5. 2018

   Legislative Branch Appropriations Act, 2018

   Pub. L. 115–141 div. I title I § 153(a)(1)(B) · 132 Stat. 348

   Added · 2 U.S.C. § 1331(a)(11)

   Pub. L. 115–141 added par. (11)

   Source evidence

   Code amendment note
   Subsec. (a)(11). Pub. L. 115–141 added par. (11).

   Enacted provision · exact public law section
   (B) Public services and accommodations.— Section 210(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1331(a)) is amended— (i) in paragraph (9), by striking “and” at the end; (ii) in paragraph (10), by striking the period and inserting “; and”; and (iii) by adding at the end the following: “(11) the Library of Congress.” .

   Effective date note
   Pub. L. 115–397, title III, § 303(c), Dec. 21, 2018, 132 Stat. 5322, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if such amendments were included in the enactment of section 153 of the Legislative Branch Appropriations Act, 2018 (Public Law 115–141), and shall apply as specified in section 153(c) of such Act [set out as a note under section 1301 of this title].” Amendment by section 308(b)(8) of Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. Except as otherwise provided, amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

6. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 308(b)(8) · 132 Stat. 5297

   Substituted · 2 U.S.C. § 1331(a)(9)

   Pub. L. 115–397, § 308(b)(8), substituted “Office of Congressional Workplace Rights” for “Office of Compliance”

   Source evidence

   Code amendment note
   Subsec. (a)(9). Pub. L. 115–397, § 308(b)(8), substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.

   Enacted provision · exact public law section
   (8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), by striking “Office of Compliance” and inserting “Office of Congressional Workplace Rights”.

   Effective date note
   Pub. L. 115–397, title III, § 303(c), Dec. 21, 2018, 132 Stat. 5322, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if such amendments were included in the enactment of section 153 of the Legislative Branch Appropriations Act, 2018 (Public Law 115–141), and shall apply as specified in section 153(c) of such Act [set out as a note under section 1301 of this title].” Amendment by section 308(b)(8) of Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. Except as otherwise provided, amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

7. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 303(b) · 132 Stat. 5297

   Changed · 2 U.S.C. § 1331(d)(2)

   Pub. L. 115–397, § 303(b), made technical amendment to reference in original act which appears in text as reference to section 1403 of this title

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 115–397, § 303(b), made technical amendment to reference in original act which appears in text as reference to section 1403 of this title.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 210(d)(2) (2 U.S.C. 1331(d)(2)) is amended by striking “section 403” and inserting “section 404”.

   Effective date note
   Pub. L. 115–397, title III, § 303(c), Dec. 21, 2018, 132 Stat. 5322, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if such amendments were included in the enactment of section 153 of the Legislative Branch Appropriations Act, 2018 (Public Law 115–141), and shall apply as specified in section 153(c) of such Act [set out as a note under section 1301 of this title].” Amendment by section 308(b)(8) of Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. Except as otherwise provided, amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

8. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 303(a) · 132 Stat. 5297

   1. Added · 2 U.S.C. § 1331(h); 2 U.S.C. § 1331(i)

      Pub. L. 115–397, § 303(a), added subsec. (h)

   2. Redesignated · 2 U.S.C. § 1331(h); 2 U.S.C. § 1331(i)

      Pub. L. 115–397, § 303(a), redesignated former subsec. (h) as (i)

   Source evidence

   Code amendment note
   Subsecs. (h), (i). Pub. L. 115–397, § 303(a), added subsec. (h) and redesignated former subsec. (h) as (i).

   Enacted provision · exact public law section
   (a) Clarification.— Section 210 (2 U.S.C. 1331) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: “(h) Election of Remedies Relating to Rights to Public Services and Accommodations for Library Visitors.— “(1) Definition of library visitor.— In this subsection, the term ‘Library visitor’ means an individual who is eligible to bring a claim for a violation under title II or III of the Americans with Disabilities Act of 1990 (other than a violation for which the exclusive remedy is under section 201) against the Library of Congress. “(2) Election of remedies.— “(A) In general.— A Library visitor who alleges a violation of subsection (b) by the Library of Congress may, subject to subparagraph (B)— “(i) file a charge against the Library of Congress under subsection (d); or “(ii) use the remedies and procedures set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16), as provided under section 510 (other than paragraph (5)) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209). “(B) Timing.— A Library visitor that has initiated proceedings under clause (i) or (ii) of subparagraph (A) may elect to change and initiate a proceeding under the other clause— “(i) in the case of a Library visitor who first filed a charge pursuant to subparagraph (A)(i), before the General Counsel files a complaint under subsection (d)(3); or “(ii) in the case of a Library visitor who first initiated a proceeding under subparagraph (A)(ii), before the Library visitor requests a hearing under the procedures of the Library of Congress described in such subparagraph.” .

   Effective date note
   Pub. L. 115–397, title III, § 303(c), Dec. 21, 2018, 132 Stat. 5322, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if such amendments were included in the enactment of section 153 of the Legislative Branch Appropriations Act, 2018 (Public Law 115–141), and shall apply as specified in section 153(c) of such Act [set out as a note under section 1301 of this title].” Amendment by section 308(b)(8) of Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. Except as otherwise provided, amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

9 of 9 references resolved to an enrolled provision