[Congressional Record Volume 168, Number 124 (Tuesday, July 26, 2022)]
[Senate]
[Pages S3700-S3705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NOTICE OF PROPOSED RULEMAKING FOR THE CONGRESSIONAL ACCOUNTABILITY ACT

                                                U.S. Congress,    
                                           Office of Congressional


                                             Workplace Rights,

                                    Washington, DC, July 26, 2022.
     Hon. Patrick Leahy,
     President Pro Tempore of the Senate,
     Washington, DC.
       Dear Mr. President: Section 210(e) of the Congressional 
     Accountability Act (``CAA''), 2 U.S.C. Sec. 1331(e), requires 
     the Board of Directors of the Office of Congressional 
     Workplace Rights (``the Board'') to issue regulations 
     implementing Section 210 of the CAA, relating to 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. Sec. Sec. 12131-12150, 
     12182, 12183, and 12189), made applicable to the legislative 
     branch by the CAA. 2 U.S.C. Sec. 1331(a).
       Section 304(b)(1) of the CAA, 2 U.S.C. 1384(b)(1), requires 
     that the Board issue a general notice of proposed rulemaking 
     by transmitting ``such notice to the Speaker of the House of 
     Representatives and the President Pro Tempore of the Senate 
     for publication in the Congressional Record on the first day 
     of which both Houses are in session following such 
     transmittal.''
       On behalf of the Board, I am hereby transmitting the 
     attached notice of proposed rulemaking to the President Pro 
     Tempore of the U.S. Senate. I request that this notice be 
     published in the Senate section of the Congressional Record 
     on the first day on which both Houses are in session 
     following receipt of this transmittal. In compliance with 
     Section 304(b)(2) of the CAA, a comment period of 30 days 
     after the publication of this notice of proposed rulemaking 
     is being provided before adoption of the rules.
       Any inquiries regarding this notice should be addressed to 
     Teresa James, Acting Executive Director of the Office of 
     Congressional Workplace Rights, 110 Second Street, SE, Room 
     LA-200, Washington, DC 20540-1999; telephone: 202-724-9250.
           Sincerely,

                                       Barbara Childs Wallace,

                                  Chair of the Board of Directors,
                         Office of Congressional Workplace Rights.
       Attachment.

NOTICE OF PROPOSED RULEMAKING FROM THE BOARD OF DIRECTORS OF THE OFFICE 
                   OF CONGRESSIONAL WORKPLACE RIGHTS

 Modification of Regulations Under the Americans with Disabilities Act 
  Relating to Public Services and Accommodations, Notice of Proposed 
     Rulemaking, as Required by 2 U.S.C. Sec. 1331, Congressional 
                Accountability Act of 1995, as Amended.

     Background:
       The purpose of this Notice of Proposed Rulemaking 
     (``Notice'') is to propose modifications to the pending 
     legislative branch Americans with Disabilities Act (``ADA'') 
     substantive regulations under Section 210 of the 
     Congressional Accountability Act (``CAA'') (2 U.S.C. 
     Sec. 1331 et seq.), 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.
       The Congressional Accountability Act of 1995 (``CAA''), PL 
     104-1, was enacted into law on January 23, 1995. The CAA, as 
     amended, applies the rights and protections of 14 federal 
     labor and employment statutes to covered employees and 
     employing offices within the legislative branch of the 
     federal government. Section 210 of the CAA provides that the 
     rights and protections against discrimination in the 
     provision of public services and accommodations established 
     by Titles II and III (sections 201 through 230, 302, 303, and 
     309) of the Americans with Disabilities Act of 1990, 42 
     U.S.C. Sec. Sec. 12131-12150, 12182, 12183, and 12189 
     (``ADA''), shall apply to legislative branch entities covered 
     by the CAA. The above provisions of section 210 became 
     effective on January 1, 1997. 2 U.S.C. Sec. 1331(h).
       As set forth in detail below, the Board of Directors (``the 
     Board'') of the Office of Congressional Workplace Rights 
     (``OCWR'') adopted regulations implementing section 210 of 
     the CAA in 2016. 162 Cong. Rec. H557-565, S624-632 (daily ed. 
     February 3, 2016). These modified proposed regulations will 
     bring OCWR's ADA regulations in line with recent changes to 
     the Department of Justice's (``DOJ'') and Department of 
     Transportation's (``DOT'') ADA regulations and with the CAA 
     of 1995 Reform Act of 2018, Pub. L. No. 115-397. These and 
     other proposed changes are set forth fully in this Notice. 
     Deletions are marked with square [brackets] and added text is 
     within angled <>. Therefore, if these regulations 
     are approved as proposed, the deletions within square 
     brackets will be removed from the regulations and the added 
     text within angled brackets will remain.
     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. Sec. Sec. 12131-12150, 12182, 12183, and 12189, shall 
     apply to the following entities: (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; and (10) the Library of Congress. 2 U.S.C. 
     Sec. 1331(a).
       Section 210(e) of the CAA requires that the OCWR Board, 
     pursuant to section 304 of the CAA, issue regulations 
     implementing that section, and that such regulations ``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 section 210 of the CAA] 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.'' 2 U.S.C. Sec. 1331(e).
     Are there ADA public access regulations already in force 
         under the CAA?
       Yes. The first ADA regulations implementing section 210 of 
     the CAA were adopted by the Board and published on January 7, 
     1997, 142 Cong. Rec. H10676-10711, S10984-11019 (daily ed. 
     September 19, 1996) and 143 Cong. Rec. S30-61 (daily ed. 
     January 7, 1997), after providing notice, and receiving and 
     considering comments in accordance with section 304 of the 
     CAA. No congressional action was taken and thus the 1997 
     regulations were not issued. Revised regulations were adopted 
     by the Board and published on February 3, 2016, 160 Cong. 
     Rec. H7363-7372, S5437-S5447 (daily ed. September 9, 2014) 
     and 162 Cong. Rec. H557-565, S624-632 (daily ed. February 3, 
     2016), after providing notice, and receiving and considering 
     comments in accordance with section 304 of the CAA. No 
     congressional action was taken and thus the regulations were 
     not issued.
       The CAA provides that, while the CAA rulemaking procedure 
     is underway, the corresponding executive branch regulations 
     are to be applied. Section 411 of the CAA (2 U.S.C Sec. 1411) 
     provides:
       ``Effect of failure to issue regulations.
       In any proceeding under section 1405, 1406, 1407, or 1408 
     of this title . . . if the Board has not issued a regulation 
     on a matter for which this chapter requires a regulation to 
     be issued, the hearing officer, Board, or court, as the case 
     may be, shall apply, to the extent necessary and appropriate, 
     the most relevant substantive executive agency regulation 
     promulgated to implement the statutory provision at issue in 
     the proceeding.''
       This makes plain that ADA public access regulations are 
     presently in force. ``[T]he most relevant substantive 
     executive agency regulation[s]'' are the DOJ and DOT ADA 
     public access regulations.
     Why are these regulations being proposed at this time?
       As set forth above, the CAA requires employing offices to 
     comply with ADA public access regulations issued by the DOJ 
     and DOT pursuant to the ADA. The CAA also requires the Board 
     to issue its own regulations implementing the ADA public 
     access provisions of the CAA. The statute obligates the 
     Board's regulations to be the same as the DOJ and DOT 
     regulations except to the extent that the Board may determine 
     that a modification would be more effective in implementing 
     ADA public access protections. 2 U.S.C. Sec. 1331(e)(2). 
     These proposed regulations will clarify that covered entities 
     must comply with the ADA public access provisions applied to 
     public entities and public accommodations to implement Titles 
     II and III of

[[Page S3701]]

     the ADA. Congressional approval and Board issuance of ADA 
     public access regulations under the CAA will also eliminate 
     any question as to the ADA public access protections that are 
     applicable in the legislative branch.
       As set forth above, the Board adopted ADA regulations in 
     1997 and 2016, but no congressional action was taken and 
     therefore these regulations were not issued. The Board now 
     proposes modifications to regulations adopted in 2016 to 
     facilitate congressional consideration of the ADA 
     regulations.
     How do these regulations differ from those adopted by the 
         Board on February 3, 2016?
       This proposal consists of modifications to the regulations 
     adopted by the Board in 2016. There are three significant 
     types of changes:
       1. Updates to DOJ and DOT regulations: The proposed 
     regulations set forth herein incorporate by reference the 
     pertinent DOJ and DOT regulations that are in effect as of 
     the date of the publication of this Notice, and, as such, 
     have been updated to incorporate the changes made in the DOJ 
     and DOT regulations since 2014.
       2. Modifications ``for good cause'': Section 210(e) of the 
     CAA requires that the regulations issued by the OCWR Board to 
     implement Titles II and III of the ADA as applied by the CAA 
     be the same as those promulgated by DOJ and DOT to implement 
     the ADA except where the Board determines, for good cause 
     shown and stated together with the regulation, that a 
     modification of such regulations would be more effective for 
     the implementation of CAA rights and protections. 2 U.S.C. 
     Sec. 1331(e).
       3. Unlike the Board in 2016, the current Board has decided 
     not to propose adoption of regulations relating to the two 
     unique statutory duties imposed by the CAA upon the General 
     Counsel of the OCWR that are not imposed upon the DOJ and 
     DOT: (1) the investigation and prosecution of charges of 
     discrimination using the Office's mediation and hearing 
     processes (section 210(d) of the CAA) and (2) the biennial 
     ADA inspection and reporting obligations (section 210(f) of 
     the CAA). The current Board has determined that rules 
     relating to these duties are best implemented by adopting and 
     publishing amendments to the OCWR's Procedural Rules.
     Procedural Summary:
     How are substantive regulations proposed and approved under 
         the CAA?
       Section 304 of the CAA, 2 U.S.C. Sec. 1384, sets forth the 
     following procedure for proposing and approving such 
     substantive regulations:
       (1) the Board of Directors proposes substantive regulations 
     and publishes a general notice of proposed rulemaking in the 
     Congressional Record;
       (2) there be a comment period of at least 30 days after the 
     date of publication of the general notice of proposed 
     rulemaking;
       (3) after consideration of comments by the Board of 
     Directors, the Board adopt regulations and transmit notice of 
     such action (together with the regulations and a 
     recommendation regarding the method for congressional 
     approval of the regulations) to the Speaker of the House and 
     President [P]ro [T]empore of the Senate for publication in 
     the Congressional Record;
       (4) there be committee referral and action on the proposed 
     regulations by resolution in each House, concurrent 
     resolution, or by joint resolution; and
       (5) final publication of the approved regulations in the 
     Congressional Record, with an effective date prescribed in 
     the final publication.
       For more detail, please reference the text of 2 U.S.C. 
     Sec. 1384.
     What is the approach taken by these proposed substantive 
         regulations?
       The Board will follow the procedures as enumerated above 
     and as required by statute. This Notice of Proposed 
     Rulemaking is step (1) of the outline set forth above. The 
     Board will review any comments received under step (2) of the 
     outline above, and respond to the comments and make any 
     changes necessary to ensure that the regulations fully 
     implement section 210 of the CAA and reflect the practices 
     and policies particular to the legislative branch. Because 
     the Board's 2016 revised regulations were adopted pursuant to 
     the CAA's procedures for proposing and approving substantive 
     regulations, including providing a comment period of 30 days 
     after publication of the proposed amendments in the 
     Congressional Record, the Board is not soliciting additional 
     comments on those adopted amendments at this time.
     Are there substantive differences in the proposed regulations 
         for the House of Representatives, the Senate, and the 
         other employing offices?
       No. The Board of Directors has identified no good cause for 
     proposing different regulations for these entities and 
     accordingly has not done so. Therefore, if these regulations 
     are approved as proposed, there will be one text applicable 
     to all employing offices and covered employees.
     Are these proposed regulations also recommended by the OCWR's 
         Executive Director, the Deputy Executive Director for the 
         Senate, and the Deputy Executive Director for the House 
         of Representatives?
       As required by Section 304(b)(1) of the CAA, 2 U.S.C. 
     Sec. 1384(b)(1), the substance of these regulations is also 
     recommended by the Executive Director, the Deputy Executive 
     Director for the Senate, and the Deputy Executive Director 
     for the House of Representatives.
     Are these proposed substantive regulations available to 
         persons with disabilities in an alternate format?
       This Notice of Proposed Regulations is available on the 
     OCWR's website, www.ocwr.gov, which is compliant with Section 
     508 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. 
     Sec. 794d. This Notice can also be made available in large 
     print, Braille, or other alternative format. Requests for 
     this Notice in an alternative format should be made to the 
     Office of Congressional Workplace Rights, 202-724-9250 
     (voice); 202-426-1913 (fax); or [email protected] (e-mail).
     How long do I have to submit comments regarding the proposed 
         regulations?
       Comments regarding the proposed regulations of the OCWR set 
     forth in this Notice are invited for a period of thirty (30) 
     days following the date of the appearance of this Notice in 
     the Congressional Record.
     How do I submit comments?
       Comments must be made in writing to the Acting Executive 
     Director, Office of Congressional Workplace Rights, via e-
     mail at
     [email protected].
     Am I allowed to view copies of comments submitted by others?
       Yes. Copies of submitted comments will be available for 
     review on the Office's website at www.ocwr.gov.
 Section-by-Section Discussion of Proposed Changes to the ADA 
         Regulations
       The following is a section-by-section discussion of the 
     proposed revisions to the Board's substantive ADA regulations 
     that it adopted and submitted for publication in the 
     Congressional Record on February 3, 2016. 162 Cong. Rec. 
     H557-565, S624-632 (daily ed. February 3, 2016).
       As noted above, because Congress has not acted on the 
     Board's request for approval of its 2016 amendments, the 
     Board will resubmit them for congressional approval when it 
     submits its request for approval of these amendments. Because 
     the Board's 2016 amendments were adopted pursuant to the 
     CAA's procedures for proposing and approving substantive 
     regulations, the Board is not soliciting additional comments 
     on those adopted amendments at this time.
     Regulations proposed in Part 1.
       Changes have been made to reflect the enactment of the CAA 
     Reform Act and ADA Amendments Act. Section 1.101(a), Purpose 
     and scope, includes an updated list of covered entities in 
     accordance with the Reform Act, and the reference to 2 U.S.C. 
     Sec. 1361(e)(1) reflects a reorganization of subsections by 
     the Reform Act. Section 1.101(b) now references two parts to 
     the regulations, instead of three, as set forth in more 
     detail below. Section 1.102 contains updated references to 
     the CAA Reform Act and ADA Amendments Act.
     Regulations proposed in Part 2.
       Unlike the Board in 2016, the current Board has decided not 
     to propose adoption of regulations relating to the two unique 
     statutory duties imposed by the CAA upon the General Counsel 
     of the OCWR that are not imposed upon the DOJ and DOT: (1) 
     the investigation and prosecution of charges of 
     discrimination using the Office's mediation and hearing 
     processes (section 210(d) of the CAA) and (2) the biennial 
     inspection and reporting obligations (section 210(f) of the 
     CAA). The current Board has determined that rules relating to 
     these duties are best implemented by adopting and publishing 
     amendments to the OCWR's Procedural Rules. In the 2016 
     adopted regulations, such regulations are designated as Parts 
     2 and 3. Part 1 of the 2016 regulations, ``Matters of General 
     Applicability to All Regulations Promulgated Under Section 
     210 of the Congressional Accountability Act of 1995,'' 
     includes a list of regulations incorporated by reference 
     (designated Sec. 1.105). The Board now proposes to move the 
     list of regulations incorporated by reference to their own 
     part, where the former Sec. 1.105 subsections have been re-
     numbered as sections within the new Part 2.
       In Sec. 2.103, the Board has listed the specific DOJ 
     regulations incorporated by reference into the regulations 
     being issued under section 210 of the CAA.
       These proposed regulations reflect the pertinent DOJ 
     regulations that are in effect as of the date of the 
     publication of this Notice. As such, they incorporate changes 
     in the DOJ regulations that have been made since the Board 
     last proposed regulations in 2014. These changes are as 
     follows:
       1. On August 11, 2016, the DOJ published regulations 
     incorporating the requirements of the ADA Amendments Act of 
     2008 (``ADA Amendments Act'') into the ADA Title II and Title 
     III regulations, which took effect on October 11, 2016. 
     Amendment of Americans with Disabilities Act Title II and 
     Title III Regulations to Implement ADA Amendments Act of 
     2008, 81 FR 53204 01 (August 11, 2016). Congress enacted the 
     ADA Amendments Act to clarify the meaning and interpretation 
     of the ADA definition of disability to ensure that the 
     definition of disability would be broadly construed and 
     applied without extensive analysis. Changes made by this 
     final rule that the Board has incorporated include: amendment 
     of Sec. 35.101, relating to the ADA's purpose and broad 
     coverage; Sec. 35.108, relating to the definition of 
     disability; appendices that provide explanation and guidance 
     pertaining to the final rule.
       2. A November 21, 2016 final rule revised the DOJ's Title 
     III regulation to further

[[Page S3702]]

     clarify a public accommodation's obligation to provide 
     appropriate auxiliary aids and services for people with 
     disabilities. Nondiscrimination on the Basis of Disability by 
     Public Accommodations--Movie Theaters; Movie Captioning and 
     Audio Description, 81 FR 87348-01 (December 2, 2016). 
     Effective on January 17, 2017, the final rule codified 
     longstanding DOJ policies in this area, and includes 
     provisions based on technological advances and breakthroughs 
     in the area of auxiliary aids and services that have occurred 
     since the 1991 Title III regulation was published. As set 
     forth below, the Board proposes to adopt Sec. 36.303, 
     relating to auxiliary aids and services, which was revised by 
     this final rule.
       The Board has adopted all of the DOJ regulations 
     implementing Titles II and III of the ADA with the exceptions 
     detailed in the 2016 Notice (162 Cong. Rec. H557-565, S624-
     632 (daily ed. February 3, 2016)), plus the following 
     revisions:
       1. Since the DOJ's regulations implementing Titles II and 
     III of the ADA regulate public entities and public 
     accommodations, respectively, several regulations are very 
     similar across the titles, applying a similar or identical 
     requirement to either a Title II- or a Title III-covered 
     entity. Under the OCWR's proposed Sec. 1.102(c), ``Covered 
     entity and public entity include any of the entities listed 
     in Sec. 1.101(a) that provides public services, programs, or 
     activities, or operates a place of public accommodation 
     within the meaning of Section 210 of the CAA. In the 
     regulations implementing Title III, private entity includes 
     covered entities.'' Therefore, it is not necessary for the 
     OCWR Board to adopt both a Title II and a Title III 
     regulation that are identical (or similar to the point of 
     being duplicative) except for the entity they would apply to 
     in a non-CAA context. The Board will exclude the following 
     sections from its substantive regulations on that basis: 
     35.103 (relating to the regulations' relation to laws other 
     than the ADA), 36.105 (relating to the definition of 
     disability), 36.208 (relating to direct threat), 36.302(c) 
     (relating to service animals), and 36.302(f) (relating to 
     ticketing).
       2. The Board finds good cause to modify Sec. 35.107(a) to 
     list the House and Senate separately from other public 
     entities and to reflect a slightly different requirement for 
     them. In creating Sec. 35.107, the DOJ wanted to ensure that 
     individuals dealing with large agencies would be able to 
     easily find a responsible person who is familiar with the 
     ADA's requirements and can communicate those requirements to 
     other individuals in the agency who may be unaware of their 
     responsibilities (often referred to as an ``ADA 
     coordinator''). Nondiscrimination on the Basis of Disability 
     in State and Local Government Services, 56 Fed. Reg. 35694-01 
     (July 26, 1991).
       For purposes of section 210 of the CAA, the House and 
     Senate are composed of a large number of separate entities 
     (including each office of a Member and each committee). 2 
     U.S.C. Sec. 1331(a). The Board's modification of Sec. 35.107 
     allows the House and the Senate to each designate one 
     employee to coordinate ADA compliance responsibilities, 
     helping to ensure that individuals can easily find and get 
     assistance to effectuate their rights under the ADA as 
     applied by the CAA with regard to the House and Senate. The 
     House and Senate ADA coordinators may, under the regulation 
     as modified, be employees of the Office of Congressional 
     Accessibility Services, which already works to provide 
     services for individuals with disabilities.
       The Board finds good cause not to incorporate the 
     requirement at Sec. 35.107(b) for entities to adopt their own 
     grievance procedures, since the CAA specifies the available 
     procedures for violations of the ADA as applied by the CAA at 
     2 U.S.C. Sec. 1331(d). Section 35.107 will thus read, in its 
     entirety, as detailed below.
       3. The Board proposes to adopt Sec. 36.206, relating to 
     retaliation or coercion. While section 207 (2 U.S.C. 
     Sec. 1317) of the CAA provides comprehensive retaliation 
     protection for employees (including applicants and former 
     employees) who may invoke their rights under section 210, 
     section 207 does not apply to nonemployees who may enjoy 
     rights and protections against discrimination under section 
     210. Additionally, Sec. 36.206 contains a list of 
     illustrations of prohibited conduct, which may be helpful to 
     the Board.
       4. The Board finds good cause to modify Sec. 36.213, 
     ``Relationship of subpart B to subparts C and D of this 
     part.'' This section references subparts without specifying 
     which regulations comprise those subparts--information which 
     is not conveyed in all formats. For example, the DOJ's ADA 
     website breaks the list of regulations into subparts, but a 
     reader of the list of regulations incorporated by reference 
     below does not see that same information. Therefore, the 
     Board finds good cause to modify this provision by inserting 
     references to the provisions contained within each subpart. 
     Section 36.213 will thus read as detailed below.
       5. The Board proposes to adopt Sec. 36.303, relating to 
     auxiliary aids and services. Revised in a 2016 final rule, it 
     now includes provisions based on technological advances and 
     breakthroughs in the area of auxiliary aids and services that 
     have occurred since the 1991 Title III regulation was 
     published. Nondiscrimination on the Basis of Disability by 
     Public Accommodations--Movie Theaters; Movie Captioning and 
     Audio Description, 81 Fed. Reg. 87348 (December 2, 2016). 
     These revisions were not made to the analogous Title II 
     Regulation, Sec. 35.160 General (Communications), so the 
     Board has decided it is appropriate to propose adoption of 
     both regulations, even though they concern similar subject 
     matter.
       In section 2.104, the Board has listed the specific DOT 
     regulations incorporated into the regulations being issued 
     under section 210 of the CAA.
       These regulations reflect the pertinent DOJ regulations 
     that are in effect as of the date of the publication of this 
     Notice. As such, they incorporate changes in the DOT 
     regulations that have been made since the Board last proposed 
     regulations in 2014. Specifically, a DOT final rule effective 
     July 13, 2015 clarified that public transportation entities 
     are required to make reasonable modifications to their 
     policies, practices, and procedures to avoid discrimination 
     and ensure that their programs are accessible to individuals 
     with disabilities. Transportation for Individuals with 
     Disabilities; Reasonable Modification of Policies and 
     Practices, 80 FR 13253-01 (March 13, 2015). Changes made by 
     this final rule that the Board has incorporated include: 
     amendment to Sec. 37.5, relating to nondiscrimination; 
     Sec. 37.169, relating to the process to be used by public 
     entities providing designated public transportation service 
     in considering requests for reasonable modification; Appendix 
     E to Part 37, which explains DOT's interpretation of sections 
     37.5(i) and 37.169 concerning reasonable modification 
     requests.
       As noted earlier, the Board has adopted all of the DOT 
     regulations implementing Titles II and III of the ADA with 
     the exceptions detailed in the 2016 Notice (162 Cong. Rec. 
     H557-565, S624-632 (daily ed. February 3, 2016)), plus the 
     following revision. Unlike the Board in 2016, the current 
     Board has decided not to propose adoption of subpart F 
     (sections 37.121 through 37.159) of the DOT's regulations, 
     relating to paratransit as a complement to fixed route 
     service. The current Board has determined that these 
     regulations are unnecessary for CAA-covered transportation. 
     Under the ADA, public entities operating fixed route 
     transportation systems must provide comparable transportation 
     services to people whose disabilities prevent their use of 
     the fixed route system. Such ``ADA complementary 
     paratransit'' is subject to many requirements detailed in 
     DOT's implementing regulations. DOT reasons, in Appendix D to 
     Part 37, that some types of fixed route systems are exempt 
     from the requirement to provide ADA complementary paratransit 
     because of characteristics of these systems such as no 
     attempt to comprehensively cover a service area, limited 
     route structure, limited origins and destinations, interface 
     with another mode of transportation, and limited purposes of 
     travel. Transportation services subject to the CAA share many 
     of these characteristics, and in any event must still comply 
     with requirements governing accessible vehicles and 
     accessible service, so the Board has determined that it is 
     not necessary to adopt the ADA complementary paratransit 
     regulations.
     Proposed regulations:

PART 1--MATTERS OF GENERAL APPLICABILITY TO ALL REGULATIONS PROMULGATED 
 UNDER SECTION 210 OF THE CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 AS 
   AMENDED BY THE CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 REFORM ACT

     Sec. 1.101 PURPOSE AND SCOPE
     Sec. 1.102 DEFINITIONS
     Sec. 1.103 AUTHORITY OF THE BOARD
     Sec. 1.104 METHOD FOR IDENTIFYING THE ENTITY RESPONSIBLE FOR 
         CORRECTING VIOLATIONS OF SECTION 210
     Sec. 1.101 Purpose and scope.
       (a) CAA. Enacted into law on January 23, 1995 and amended 
     on December 21, 2018, the Congressional Accountability Act 
     (``CAA'') in Section 210(b) provides that 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. Sec. Sec.  12131-12150, 
     12182, 12183, and 12189 (``ADA''), shall apply to the 
     following entities:
       (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 United States 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; and
       (10) the Library of Congress.
       Title II of the ADA prohibits discrimination on the basis 
     of disability in the provision of public services, programs, 
     activities by any ``public entity.'' Section 210(b)(2) of the 
     CAA provides that for the purpose of applying Title II of the 
     ADA the term ``public entity'' means any entity listed above 
     that provides public services, programs, or activities. Title 
     III of the ADA 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(e) of the CAA provides 
     that, ``[e]xcept 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. Sec. 1361(e)(1).

[[Page S3703]]

       (b) Purpose and scope of regulations. The regulations set 
     forth herein (Parts 1 and 2) are the substantive regulations 
     that the Board of Directors of the Office of Congressional 
     Workplace Rights has promulgated pursuant to section 210(e) 
     of the CAA. Part 1 contains the general provisions applicable 
     to all regulations under section 210 and the method of 
     identifying entities responsible for correcting a violation 
     of section 210. Part 2 contains the list of executive branch 
     regulations incorporated by reference which define and 
     clarify the prohibition against discrimination on the basis 
     of disability in the provision of public services and 
     accommodations.
     Sec. 1.102 Definitions.
       Except as otherwise specifically provided in these 
     regulations, as used in these regulations:
       (a) Act or CAA means the Congressional Accountability Act 
     of 1995, Pub. L. No. 104-1, amended by Congressional 
     Accountability Act of 1995 Reform Act, Pub. L. No. 115-397.
       (b) ADA or Americans with Disabilities Act means those 
     sections of the Americans with Disabilities Act of 1990 as 
     amended by the ADA Amendments Act of 2008 incorporated by 
     reference into the CAA in section 210: 42 U.S.C. 
     Sec. Sec. 12131-12150, 12182, 12183, and 12189.
       (c) Covered entity and public entity include any of the 
     entities listed in Sec. 1.101(a) that provides public 
     services, programs, or activities, or operates a place of 
     public accommodation within the meaning of section 210 of the 
     CAA. In the regulations implementing Title III, private 
     entity includes covered entities.
       (d) Board means the Board of Directors of the Office of 
     Congressional Workplace Rights.
       (e) Office means the Office of Congressional Workplace 
     Rights.
       (f) General Counsel means the General Counsel of the Office 
     of Congressional Workplace Rights.
     Sec. 1.103 Authority of the Board.
       Pursuant to sections 210 and 304 of the CAA, the Board is 
     authorized to issue regulations to implement the rights and 
     protections against discrimination on the basis of disability 
     in the provision of public services and accommodations under 
     the ADA. Section 210(e) of the CAA directs the Board to 
     promulgate regulations implementing section 210 that are 
     ``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) 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.'' 2 U.S.C. Sec. 1331(e). 
     Specifically, it is the Board's considered judgment, based on 
     the information available to it at the time of promulgation 
     of these regulations, that, with the exception of the 
     regulations adopted and set forth herein, there are no other 
     ``substantive regulations promulgated by the Attorney General 
     and the Secretary of Transportation to implement the 
     statutory provisions referred to in subsection (b) [of 
     Section 210 of the CAA]'' that need be adopted.
       In promulgating these regulations, the Board has made 
     certain technical and nomenclature changes to the regulations 
     as promulgated by the Attorney General and the Secretary of 
     Transportation. Such changes are intended to make the 
     provisions adopted accord more naturally to situations in the 
     legislative branch. However, by making these changes, the 
     Board does not intend a substantive difference between these 
     regulations and those of the Attorney General and/or the 
     Secretary of Transportation from which they are derived. 
     Moreover, such changes, in and of themselves, are not 
     intended to constitute an interpretation of the regulations 
     or of the statutory provisions of the CAA upon which they are 
     based.
     Sec. 1.104 Method for identifying the entity responsible for 
         correction of violations of section 210.
       (a) Purpose and scope. Section 210(e)(3) of the CAA 
     provides that regulations under section 210(e) include a 
     method of identifying, for purposes of section 210 of the CAA 
     and for categories of violations of section 210(b), the 
     entity responsible for correcting a particular violation. 
     This section sets forth the method for identifying 
     responsible entities for the purpose of allocating 
     responsibility for correcting violations of section 210(b).
       (b) Violations. A covered entity may violate section 210(b) 
     if it discriminates against a qualified individual with a 
     disability within the meaning of Title II or Title III of the 
     ADA.
       (c) Entities Responsible for Correcting Violations. 
     Correction of a violation of the rights and protections 
     against discrimination is the responsibility of the entities 
     listed in subsection (a) of section 210 of the CAA that 
     provide the specific public service, program, activity, or 
     accommodation that forms the basis for the particular 
     violation of Title II or Title III rights and protections 
     and, when the violation involves a physical access barrier, 
     the entities responsible for designing, maintaining, 
     managing, altering, or constructing the facility in which the 
     specific public service program, activity, or accommodation 
     is conducted or provided.
       (d) Allocation of Responsibility for Correction of Title II 
     and/or Title III Violations. Where more than one covered 
     entity is found to be an entity responsible for correction of 
     a violation of Title II and/or Title III rights and 
     protections under the method set forth in this section, as 
     between those parties, allocation of responsibility for 
     correcting the violations of the ADA may be determined by 
     statute, contract, or other enforceable arrangement or 
     relationship.

             PART 2--REGULATIONS INCORPORATED BY REFERENCE

     Sec. 2.101 TECHNICAL AND NOMENCLATURE CHANGES TO REGULATIONS 
         INCORPORATED BY REFERENCE.
     Sec. 2.102 RULES OF INTERPRETATION.
     Sec. 2.103 INCORPORATED REGULATIONS FROM 28 C.F.R. PARTS 35 
         AND 36.
     Sec. 2.104 INCORPORATED REGULATIONS FROM 49 C.F.R. PARTS 37 
         AND 38.
     Sec. 2.105 INCORPORATED STANDARD FROM THE ARCHITECTURAL 
         BARRIERS ACT ACCESSIBILITY STANDARDS (``ABAAS'') (MAY 17, 
         2005).
     Sec. 2.101 Technical and Nomenclature Changes to Regulations 
         Incorporated by Reference.
       The definitions in the regulations incorporated by 
     reference (``incorporated regulations'') shall be used to 
     interpret these regulations except: (1) when they differ from 
     the definitions in Sec. 1.102 or the modifications listed 
     below, in which case the definition in Sec. 1.102 or the 
     modification listed below shall be used; or (2) when they 
     define terms that are not used in the incorporated 
     regulations. The incorporated regulations are hereby modified 
     as follows:
       (1) When the incorporated regulations refer to ``Assistant 
     Attorney General,'' ``Department of Justice,'' ``FTA 
     Administrator,'' ``FTA regional office,'' ``Administrator,'' 
     ``Secretary,'' or any other executive branch office or 
     officer, ``General Counsel'' is hereby substituted.
       (2) When the incorporated regulations refer to the date 
     ``January 26, 1992,'' the date ``January 1, 1997'' is hereby 
     substituted.
       (3) When the incorporated regulations otherwise specify a 
     date by which some action must be completed, the date that is 
     three years from the effective date of these regulations is 
     hereby substituted.
       (4) When the incorporated regulations contain an exception 
     for an ``historic'' property, building, or facility, that 
     exception shall also apply to properties, buildings, or 
     facilities designated as an historic or heritage asset by the 
     Office of the Architect of the Capitol in accordance with its 
     preservation policy and standards and where, in accordance 
     with its preservation policy and standards, the Office of the 
     Architect of the Capitol determines that compliance with the 
     requirements for accessible routes, entrances, or toilet 
     facilities (as defined in 28 C.F.R. Parts 35 and 36) would 
     threaten or destroy the historic significance of the 
     property, building, or facility, the exceptions for 
     alterations to qualified historic property, buildings, or 
     facilities for that element shall be permitted to apply.
     Sec. 2.102 Rules of Interpretation.
       When regulations in Sec. 2.103 conflict, the regulation 
     providing the most access shall apply. The Board's Notice of 
     Adoption shall be used to interpret these regulations and 
     shall be made part of these Regulations as Appendix A.
     Sec. 2.103 Incorporated Regulations from 28 C.F.R. Parts 35 
         and 36.
       The Office shall publish on its website the full text of 
     all regulations incorporated by reference. The following 
     regulations from 28 C.F.R. Parts 35 and 36 that are published 
     in the Code of Federal Regulations on the date of the Board's 
     adoption of these regulations are hereby incorporated by 
     reference as though stated in detail herein:
     Sec. 35.101 Purpose and broad coverage.
     Sec. 35.102 Application.
     Sec. 35.104 Definitions.
     Sec. 35.105 Self-evaluation.
     Sec. 35.106 Notice.
     Sec. 35.107 Designation of responsible employee.
       But modify as follows:
       <> [A] 
     public entity that employs 50 or more persons shall designate 
     at least one employee to coordinate its efforts to comply 
     with and carry out its responsibilities under this part, 
     including <> 
     [any investigation of any complaint communicated to it 
     alleging its noncompliance with this part or alleging any 
     actions that would be prohibited by this part]. The public 
     entity shall make available to all interested individuals the 
     name, office address, and telephone number of the employee or 
     employees designated pursuant to this paragraph. <>

[[Page S3704]]

  

     Sec. 35.108 Definition of disability.
     Sec. 35.130 General prohibitions against discrimination.
     Sec. 35.131 Illegal use of drugs.
     Sec. 35.132 Smoking.
     Sec. 35.133 Maintenance of accessible features.
     Sec. 35.135 Personal devices and services.
     Sec. 35.136 Service animals.
     Sec. 35.137 Mobility devices.
     Sec. 35.138 Ticketing.
     Sec. 35.139 Direct threat.
     Sec. 35.149 Discrimination prohibited.
     Sec. 35.150 Existing facilities.
     Sec. 35.151 New construction and alterations.
     Sec. 35.152 Jails, detention and correctional facilities.
     Sec. 35.160 General.
     Sec. 35.161 Telecommunications.
     Sec. 35.162 Telephone emergency services.
     Sec. 35.163 Information and signage.
     Sec. 35.164 Duties.
     Appendix A to Part 35--Guidance to Revisions to ADA 
         Regulation on Nondiscrimination on the Basis of 
         Disability in State and Local Government Services.
     Appendix B to Part 35--Guidance on ADA Regulation on 
         Nondiscrimination on the Basis of Disability in State and 
         Local Government Services Originally Published July 26, 
         1991.
     APPENDIX C TO PART 35--GUIDANCE TO REVISIONS TO ADA TITLE II 
         AND TITLE III REGULATIONS REVISING THE MEANING AND 
         INTERPRETATION OF THE DEFINITION OF ``DISABILITY'' AND 
         OTHER PROVISIONS IN ORDER TO INCORPORATE THE REQUIREMENTS 
         OF THE ADA AMENDMENTS ACT
     Sec. 36.101 Purpose and broad coverage.
     Sec. 36.102 Application.
     Sec. 36.103 Relationship to other laws.
     Sec. 36.104 Definitions.
     Sec. 36.201 General.
     Sec. 36.202 Activities.
     Sec. 36.203 Integrated settings.
     Sec. 36.204 Administrative methods.
     Sec. 36.205 Association.
     Sec. 36.206 Retaliation or coercion.
     Sec. 36.207 Places of public accommodations located in 
         private residences.
     Sec. 36.210 Smoking.
     Sec. 36.213 Relationship of subpart B to subparts C and D of 
         this part.
       But modify as follows:
       Subpart B of this part <<(Sec. 36.201 through 
     Sec. 36.213)>> sets forth the general principles of 
     nondiscrimination applicable to all entities subject to this 
     part. Subparts C <<(Sec. 36.301 through Sec. 36.310)>> and D 
     <<(Sec. 36.405 through Sec. 36.406)>> of this part provide 
     guidance on the application of the statute to specific 
     situations. The specific provisions, including the 
     limitations on those provisions, control over the general 
     provisions in circumstances where both specific and general 
     provisions apply.
     Sec. 36.301 Eligibility criteria.
     Sec. 36.302 Modifications in policies, practices, or 
         procedures.
     Sec. 36.303 Auxiliary aids and services.
     Sec. 36.304 Removal of barriers.
     Sec. 36.305 Alternatives to barrier removal.
     Sec. 36.307 Accessible or special goods.
     Sec. 36.308 Seating in assembly areas.
     Sec. 36.309 Examinations and courses.
     Sec. 36.310 Transportation provided by public accommodations.
     Sec. 36.402 Alterations.
     Sec. 36.403 Alterations: Path of travel.
     Sec. 36.404 Alterations: Elevator exemption.
     Sec. 36.405 Alterations: Historic preservation.
     Sec. 36.406 Standards for new construction and alterations.
     Appendix A to Part 36--Guidance on Revisions to ADA 
         Regulation on Nondiscrimination on the Basis of 
         Disability by Public Accommodations and Commercial 
         Facilities.
     Appendix B to Part 36--Analysis and Commentary on the 2010 
         ADA Standards for Accessible Design.
     Appendix C to Part 36--Guidance on ADA Regulation on 
         Nondiscrimination on the Basis of Disability by Public 
         Accommodations and in Commercial Facilities Originally 
         Published on July 26, 1991.
     Appendix D to Part 36--1991 Standards for Accessible Design 
         as Originally Published on July 26, 1991.
     Appendix E to Part 36--Guidance to Revisions to ADA Title II 
         and Title III Regulations Revising the Meaning and 
         Interpretation of the Definition of ``Disability'' and 
         Other Provisions in Order to Incorporate the Requirements 
         of the ADA Amendments Act.
     Appendix F to Part 36--Guidance and Section-By-Section 
         Analysis.
     Sec. 2.104 Incorporated Regulations from 49 C.F.R. Parts 37 
         and 38.
       The following regulations from 49 C.F.R. Parts 37 and 38 
     that are published in the Code of Federal Regulations on the 
     effective date of these regulations are hereby incorporated 
     by reference as though stated in detail herein:
     Sec. 37.1 Purpose.
     Sec. 37.3 Definitions.
     Sec. 37.5 Nondiscrimination.
     Sec. 37.7 Standards for accessible vehicles.
     Sec. 37.9 Standards for accessible transportation facilities.
     Sec. 37.13 Effective date for certain vehicle specifications.
     Sec. 37.21 Applicability: General.
     Sec. 37.23 Service under contract.
     Sec. 37.27 Transportation for elementary and secondary 
         education systems.
     Sec. 37.31 Vanpools.
     Sec. 37.37 Other applications.
     Sec. 37.41 Construction of transportation facilities by 
         public entities.
     Sec. 37.43 Alteration of transportation facilities by public 
         entities.
     Sec. 37.45 Construction and alteration of transportation 
         facilities by private entities.
     Sec. 37.47 Key stations in light and rapid rail systems.
     Sec. 37.61 Public transportation programs and activities in 
         existing facilities.
     Sec. 37.71 Purchase or lease of new non-rail vehicles by 
         public entities operating fixed route systems.
     Sec. 37.73 Purchase or lease of used non-rail vehicles by 
         public entities operating fixed route systems.
     Sec. 37.75 Remanufacture of non-rail vehicles and purchase or 
         lease of remanufactured non-rail vehicles by public 
         entities operating fixed route systems.
     Sec. 37.77 Purchase or lease of new non-rail vehicles by 
         public entities operating a demand responsive system for 
         the general public.
     Sec. 37.79 Purchase or lease of new rail vehicles by public 
         entities operating rapid or light rail systems.
     Sec. 37.81 Purchase or lease of used rail vehicles by public 
         entities operating rapid or light rail systems.
     Sec. 37.83 Remanufacture of rail vehicles and purchase or 
         lease of remanufactured rail vehicles by public entities 
         operating rapid or light rail systems.
     Sec. 37.101 Purchase or lease of vehicles by private entities 
         not primarily engaged in the business of transporting 
         people.
     Sec. 37.105 Equivalent service standard.
     Sec. 37.161 Maintenance of accessible features: General.
     Sec. 37.163 Keeping vehicle lifts in operative condition: 
         Public entities.
     Sec. 37.165 Lift and securement use.
     Sec. 37.167 Other service requirements.
     Sec. 37.169 Process to be used by public entities providing 
         designated public transportation service in considering 
         requests for reasonable modification.
         

[[Page S3705]]

  

     Sec. 37.171 Equivalency requirement for demand responsive 
         service operated by private entities not primarily 
         engaged in the business of transporting people.
     Sec. 37.173 Training requirements.
     Appendix A to Part 37--Modifications to Standards for 
         Accessible Transportation Facilities.
     Appendix D to Part 37--Construction and Interpretation of 
         Provisions of 49 CFR Part 37.
     Appendix E to Part 37--Reasonable Modification Requests.
     Sec. 38.1 Purpose.
     Sec. 38.2 Equivalent facilitation.
     Sec. 38.3 Definitions.
     Sec. 38.4 Miscellaneous instructions.
     Sec. 38.21 General.
     Sec. 38.23 Mobility aid accessibility.
     Sec. 38.25 Doors, steps and thresholds.
     Sec. 38.27 Priority seating signs.
     Sec. 38.29 Interior circulation, handrails and stanchions.
     Sec. 38.31 Lighting.
     Sec. 38.33 Fare box.
     Sec. 38.35 Public information system.
     Sec. 38.37 Stop request.
     Sec. 38.39 Destination and route signs.
     Sec. 38.51 General.
     Sec. 38.53 Doorways.
     Sec. 38.55 Priority seating signs.
     Sec. 38.57 Interior circulation, handrails and stanchions.
     Sec. 38.59 Floor surfaces.
     Sec. 38.61 Public information system
     Sec. 38.63 Between-car barriers.
     Sec. 38.71 General.
         
     Sec. 38.73 Doorways.
     Sec. 38.75 Priority seating signs.
     Sec. 38.77 Interior circulation, handrails and stanchions.
     Sec. 38.79 Floors, steps and thresholds.
     Sec. 38.81 Lighting.
     Sec. 38.83 Mobility aid accessibility.
     Sec. 38.85 Between-car barriers.
     Sec. 38.87 Public information system.
     Sec. 38.171 General.
     Sec. 38.173 Automated guideway transit vehicles and systems.
     Sec. 38.179 Trams, and similar vehicles, and systems.
     Figures to Part 38.
     Appendix to Part 38--Guidance Material.
     Sec. 2.105 Incorporated Standard from the Architectural 
         Barriers Act Accessibility Standards (``ABAAS'') (May 17, 
         2005).
       The following standard from the ABAAS is adopted as a 
     standard and hereby incorporated as a regulation by reference 
     as though stated in detail herein:
     Sec. F202.6 Leases.
     Recommended Method of Approval:
       The Board recommends that (1) the version of the proposed 
     regulations that shall apply to the Senate and entities and 
     facilities of the Senate be approved by the Senate by 
     resolution; (2) the version of the proposed regulations that 
     shall apply to the House of Representatives and entities and 
     facilities of the House of Representatives be approved by the 
     House of Representatives by resolution; and (3) the version 
     of the proposed regulations that shall apply to other covered 
     entities and facilities be approved by the Congress by 
     concurrent resolution.

                                       Barbara Childs Wallace,

                                  Chair of the Board of Directors,
     Office of Congressional Workplace Rights.

                          ____________________