§1331 Rights and Protections Under Americans with Disabilities Act of 1990 Relating to Public Services and Accommodations; Procedures for Remedy of Violations

Summary

Congressional offices and certain Capitol entities must follow the same rules against disability discrimination in public services and places that the Americans with Disabilities Act requires. Covered groups include each Senate and House office and committee, joint committees, the Office of Congressional Accessibility Services, the Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol (including the Botanic Garden), the Office of the Attending Physician, the Office of Congressional Workplace Rights, the Office of Technology Assessment, and the Library of Congress. For this rule, a "public entity" means any of those listed that offers public services, programs, or activities. The ADA protections applied are those in sections 201–230, 302, 303, and 309 of the ADA (42 U.S.C. 12131–12150, 12182, 12183, and 12189). A person with a disability (as defined in ADA section 201(2)) who says one of these entities broke the rules can file a charge with the General Counsel within 180 days. The General Counsel will investigate, may suggest mediation (but will not take part), and may file a complaint if mediation fails. Cases go to a hearing officer under section 1405, the Board may review under section 1406, and an aggrieved party can seek review in the U.S. Court of Appeals for the Federal Circuit under section 1407. Remedies are the same as under ADA sections 203 or 308(a) (42 U.S.C. 12133, 12188(a)), except employment claims by covered employees must be handled only under section 1311. If new money is needed to fix a problem, the fix must happen as soon as possible but no later than the fiscal year following the end of the fiscal year in which the final order becomes unreviewable. The Board must issue rules under section 1384 that generally match Attorney General and Transportation Department rules, and must say who is responsible for correcting each violation. The General Counsel must inspect facilities at least once each Congress and send a report with needed fixes, access limits, and estimated costs and time. An initial study and correction period ran from January 23, 1995, through December 31, 1996, with a required inspection and report before July 1, 1996, for the One Hundred Fourth Congress. Library visitors may choose either the charge process above or the remedies in 42 U.S.C. 2000e–16 as provided under ADA section 510 (other than paragraph (5)), and may switch choices before certain steps. Subsections (b), (c), and (d) became effective January 1, 1997. Subsection (g) becomes effective one year after the study under section 1371 is sent to Congress.