BACKGROUND:
The purpose of this Notice is to propose substantive regulations that will implement Section 210 of the CAA, which provides that the rights and protections against discrimination in the provision of public services and accommodation under Titles II and III of the ADA shall apply to entities covered by the CAA.
What is the authority under the CAA for these proposed substantive regulations?
What is the authority under the CAA for these proposed substantive regulations?
Section 210(b) of the CAA provides that the rights and protections against discrimination in the provision of public services and accommodations established by the provisions of Titles II and III (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 (”ADA”) shall apply to the following entities:
- each office of the Senate, including each office of a Senator and each committee;
- each office of the House of Representatives, including each office of a Member of the House of Representatives and each committee;
- each joint committee of the Congress;
- 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; and
- the Office of Compliance.
2 U.S.C. 1331(b).
Title II of the ADA generally prohibits discrimination on the basis of disability in the provision of services, programs, or activities by any “public entity”. Section 210(b)(2) of the CAA defines the term ’’public entity” for Title II purposes as any entity listed above that provides public services, programs, or activities. 2 U.S.C. §1331(b)(2).
Title III of the ADA generally prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with accessibility standards. Section 225(f) of the CAA provides that, “[except where inconsistent with definitions and exemptions provided in this Act, the definitions and exemptions of the [ADA] shall apply under this Act.” 2 U.S.C. §1361(f)(l).
