---
kind: "section"
citation: "2 U.S.C. § 1331"
title: "2"
title_heading: "The Congress"
number: "1331"
heading: "Rights and protections under Americans with Disabilities Act of 1990 relating to public services and accommodations; procedures for remedy of violations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/1331"
units:
  - "Chapter 24 — Congressional Accountability"
  - "Subchapter II — Extension of Rights and Protections"
  - "Part B"
---

# §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](/usc/2/1301.md?p=a-12) of the Senate, including each [office](/usc/2/1301.md?p=a-12) of a Senator and each committee;
  - (2) each [office](/usc/2/1301.md?p=a-12) of the House of Representatives, including each [office](/usc/2/1301.md?p=a-12) of a [Member](/usc/2/4556.md?p=2) of the House of Representatives and each committee;
  - (3) each joint committee of the Congress;
  - (4) the [Office](/usc/2/1301.md?p=a-12) of Congressional Accessibility Services;
  - (5) the Capitol Police;
  - (6) the Congressional Budget [Office](/usc/2/1301.md?p=a-12);
  - (7) the [Office](/usc/2/1301.md?p=a-12) of the Architect of the Capitol (including the Botanic Garden);
  - (8) the [Office](/usc/2/1301.md?p=a-12) of the Attending Physician;
  - (9) the [Office](/usc/2/1301.md?p=a-12) of Congressional Workplace Rights;
  - (10) the [Office](/usc/2/1301.md?p=a-12) of Technology Assessment; and
  - (11) the Library of Congress.
- (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](/usc/2/302.md), [303](/usc/2/303.md), and 309 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131–121](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s12131–121))50, 12182, 12183, and 12189) shall apply to the entities listed in [subsection (a)](#a).
  - (2) **Definitions—** For purposes of the application of title II of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](/usc/42/12131.md) et seq.) under this section, the term “public entity” means any entity listed in [subsection (a)](#a) that provides public services, programs, or activities.
- (c) **Remedy—** The remedy for a violation of [subsection (b)](#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](/usc/42/12133.md), 12188(a)), except that, with respect to any claim of employment discrimination asserted by any [covered employee](/usc/2/1301.md?p=a-3), the exclusive remedy shall be under [section 1311 of this title](/usc/2/1311.md).
- (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)](/usc/42/12131.md?p=2)), who alleges a violation of [subsection (b)](#b) by an entity listed in [subsection (a)](#a), may file a charge against any entity responsible for correcting the violation with the [General Counsel](/usc/2/1301.md?p=a-11) within 180 days of the occurrence of the alleged violation. The [General Counsel](/usc/2/1301.md?p=a-11) shall investigate the charge.
  - (2) **Mediation—** If, upon investigation under [paragraph (1)](#d-1), the [General Counsel](/usc/2/1301.md?p=a-11) believes that a violation of [subsection (b)](#b) may have occurred and that mediation may be helpful in resolving the dispute, the [General Counsel](/usc/2/1301.md?p=a-11) may request, but not participate in, mediation under subsections (b) through (d) of [section 1403 of this title](/usc/2/1403.md) between the charging individual and any entity responsible for correcting the alleged violation.
  - (3) **Complaint, hearing, Board review—** If mediation under [paragraph (2)](#d-2) has not succeeded in resolving the dispute, and if the [General Counsel](/usc/2/1301.md?p=a-11) believes that a violation of [subsection (b)](#b) may have occurred, the [General Counsel](/usc/2/1301.md?p=a-11) may file with the [Office](/usc/2/1301.md?p=a-12) 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](/usc/2/1405.md) and any person who has filed a charge under [paragraph (1)](#d-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](/usc/2/1301.md?p=a-1) pursuant to [section 1406 of this title](/usc/2/1406.md).
  - (4) **Judicial review—** A charging individual who has intervened under [paragraph (3)](#d-3) or any respondent to the complaint, if aggrieved by a final decision of the [Board](/usc/2/1301.md?p=a-1) under [paragraph (3)](#d-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](/usc/2/1407.md).
  - (5) **Compliance date—** If new appropriated funds are necessary to comply with an order requiring correction of a violation of [subsection (b)](#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](/usc/2/1301.md?p=a-1) shall, pursuant to [section 1384 of this title](/usc/2/1384.md), issue regulations to implement this section.
  - (2) **Agency regulations—** The regulations issued under [paragraph (1)](#e-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)](#b) except to the extent that the [Board](/usc/2/1301.md?p=a-1) 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)](#e-1) shall include a method of identifying, for purposes of this section and for categories of violations of [subsection (b)](#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](/usc/2/1301.md?p=a-11) shall inspect the facilities of the entities listed in [subsection (a)](#a) to ensure compliance with [subsection (b)](#b).
  - (2) **Report—** On the basis of each periodic inspection, the [General Counsel](/usc/2/1301.md?p=a-11) 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](/usc/2/1301.md?p=a-12) of the Architect of the Capitol, or other entity responsible,[^1] 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](/usc/2/1301.md?p=a-12) of the Architect of the Capitol and other entities subject to this section to identify any violations of [subsection (b)](#b), to determine the costs of compliance, and to take any necessary corrective action to abate any violations. The [Office](/usc/2/1301.md?p=a-12) shall assist the [Office](/usc/2/1301.md?p=a-12) of the Architect of the Capitol and other entities listed in [subsection (a)](#a) by arranging for inspections and other technical assistance at their request. Prior to July 1, 1996, the [General Counsel](/usc/2/1301.md?p=a-11) shall conduct a thorough inspection under [paragraph (1)](#f-1) and shall submit the report under [paragraph (2)](#f-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](/usc/2/1301.md?p=a-1) may, on request of the [Executive Director](/usc/2/1301.md?p=a-10), detail to the [Office](/usc/2/1301.md?p=a-12) such personnel as may be necessary to advise and assist the [Office](/usc/2/1301.md?p=a-12) in carrying out its duties under this section.
- (g) **Omitted—**
- (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 [[42 U.S.C. 12131](/usc/42/12131.md) et seq., 12181 et seq.] (other than a violation for which the exclusive remedy is under [section 1311 of this title](/usc/2/1311.md)) against the Library of Congress.
  - (2) **Election of remedies—**
    - (A) **In general—** A Library visitor who alleges a violation of [subsection (b)](#b) by the Library of Congress may, subject to [subparagraph (B)](#h-2-B)—
      - (i) file a charge against the Library of Congress under [subsection (d)](#d); or
      - (ii) use the remedies and procedures set forth in [section 2000e–16 of title 42](/usc/42/2000e–16.md), as provided under section 510 (other than paragraph (5)) of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12209](/usc/42/12209.md)).
    - (B) **Timing—** A Library visitor that has initiated proceedings under clause [(i)](#h-2-A-i) or [(ii)](#h-2-A-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)](#h-2-A-i), before the [General Counsel](/usc/2/1301.md?p=a-11) files a complaint under [subsection (d)(3)](#d-3); or
      - (ii) in the case of a Library visitor who first initiated a proceeding under [subparagraph (A)(ii)](#h-2-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—** Subsections [(b)](#b), [(c)](#c), and [(d)](#d) shall be effective on January 1, 1997.
  - (2) **Government Accountability Office, Government Publishing Office, and Library of Congress—** [Subsection (g)](#g) shall be effective 1 year after transmission to the Congress of the study under [section 1371 of this title](/usc/2/1371.md).

## Footnotes

[^1]: So in original. The comma probably should not appear.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

The Americans with Disabilities Act of 1990, referred to in subsecs. (b)(2) and (h)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Titles II and III of the Act are classified generally to subchapters II (§ 12131 et seq.) and III (§ 12181 et seq.), respectively, 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), referred to in subsec. (i)(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.

### Amendments

2018—Subsec. (a)(9). Pub. L. 115–397, § 308(b)(8), substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.

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

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.

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

2008—Subsec. (a)(4). Pub. L. 110–437 substituted “the Office of Congressional Accessibility Services;” for “the Capitol Guide Service;”.

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

2004—Subsec. (h)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading.

### Statutory Notes and Related Subsidiaries

### Change of Name

“Government Publishing Office” substituted for “Government Printing Office” in heading of subsec. (h)(2) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

### Effective Date of 2018 Amendment

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.

### Effective Date of 2008 Amendment

Amendment by Pub. L. 110–437 effective first day of first pay period (applicable to employees transferred under section 2241 of this title) on or after 30 days after Oct. 20, 2008, see section 422(d) of Pub. L. 110–437, set out as a note under section 1301 of this title.

Amendment by Pub. L. 110–279 effective July 17, 2008, and applicable to remainder of fiscal year in which enacted and each fiscal year thereafter, see section 2051(i) of this title.