                          TITLE 2--THE CONGRESS
 
                CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
 
           SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS
 
    Part B--Public Services and Accommodations Under Americans with 
                        Disabilities Act of 1990
 
Sec. 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 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) of this 
    section.

                           (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) of this section that provides public services, 
    programs, or activities.

(c) Remedy

    The remedy for a violation of subsection (b) of this section 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 1311 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) of this section 
    by an entity listed in subsection (a) of this section, 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) of this section 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 1403 of this title 
    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) of this section 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 1405 of this title 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 1406 of 
    this title.

                         (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 1407 of this title.

                         (5) Compliance date

        If new appropriated funds are necessary to comply with an order 
    requiring correction of a violation of subsection (b) of this 
    section, 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 1384 of this title, 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) of this section 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) of this section, 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) of this section to ensure compliance with subsection 
    (b) of this section.

                             (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 January 23, 1995, 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) of this section, 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) of this 
    section 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 Executive 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) Omitted

(h) Effective date

                           (1) In general

        Subsections (b), (c), and (d) of this section shall be effective 
    on January 1, 1997.

     (2) General Accounting Office, Government Printing Office, 
                           and Library of Congress

        Subsection (g) of this section shall be effective 1 year after 
    transmission to the Congress of the study under section 1371 of this 
    title.

(Pub. L. 104-1, title II, Sec. 210, Jan. 23, 1995, 109 Stat. 13.)

                       References in Text

    The Americans with Disabilities Act of 1990, referred to in subsec. 
(b)(2), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended. 
Title II of the Act is classified generally to subchapter II (Sec. 12131 
et seq.) of chapter 126 of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 12101 of Title 42 and Tables.
    Subsection (g) of this section, referred to in subsec. (h)(2), 
amended section 12209 of Title 42.

                          Codification

    Section is comprised of section 210 of Pub. L. 104-1. Subsec. (g) of 
section 210 of Pub. L. 104-1 amended section 12209 of Title 42, The 
Public Health and Welfare.

                  Section Referred to in Other Sections

    This section is referred to in sections 1341, 1361, 1407, 1414, 
1415, 1416, 1435 of this title.
