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

U.S Code last checked for updates: Nov 22, 2024

§ 1331.

Rights and protections under Americans with Disabilities 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 Office of Congressional Accessibility Services;

(5)

the Capitol Police;

(6)

the Congressional Budget Office;

(7)

the Office of the Architect of the Capitol (including the Botanic Garden);

(8)

the Office of the Attending Physician;

(9)

the Office of Congressional Workplace Rights;

(10)

the Office of Technology Assessment; and

(11)

the Library of Congress.

(b)

Discrimination in public services and accommodations

(1)

Rights and protections

(2)

Definitions

(c)

Remedy

(d)

Available procedures

(1)

Charge filed with General Counsel

(2)

Mediation

(3)

Complaint, hearing, Board review

(4)

Judicial review

(5)

Compliance date

(e)

Regulations to implement section

(1)

In general

(2)

Agency regulations

(3)

Entity responsible for correction

(f)

Periodic inspections; report to Congress; initial study

(1)

Periodic inspections

(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,1

 So in original. The comma probably should not appear.

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

(4)

Detailed personnel

(g)

Omitted

(h)

Election of remedies relating to rights to public services and accommodations for Library visitors

(1)

Definition of Library visitor

(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 2000e–16 of title 42, 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.

(i)

Effective date

(1)

In general

(2)

Government Accountability Office, Government Publishing Office, and Library of Congress

(Pub. L. 104–1, title II, § 210, Jan. 23, 1995, 109 Stat. 13; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–279, § 1(g)(2), July 17, 2008, 122 Stat. 2609; Pub. L. 110–437, title IV, § 422(b)(3), Oct. 20, 2008, 122 Stat. 4996; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 115–141, div. I, title I, § 153(a)(1)(B), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, §§ 303(a), (b), 308(b)(8), Dec. 21, 2018, 132 Stat. 5321, 5322, 5326.)

cite as: 2 USC 1331