I. Introduction

The Congressional Accountability Act of 1995 (CAA), 2 U.S.C. §§ 1301 et seq., applies the rights and protections established by the employment and public access provisions of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12112 et seq. Accordingly, the ADA is unique among the other laws applied by the CAA because it affords protections to both employees and members of the public. The rights and protections for the public are found in section 210 of the CAA, which incorporates Titles II and III of the ADA. 2 U.S.C. § 1331(b). These public access provisions, as applied by the CAA, require that employing offices make their services, programs, and activities for the public, as well as the facilities where these services, programs, and activities are provided, accessible to all, including individuals with a disability. Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. Title III prohibits discrimination “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation…” 42 U.S.C. § 12182(a).

II. Legislative Branch Process

Public accessibility enforcement in the legislative branch is unique for a number of reasons. First, the substantive laws from which public access rights and protections are derived are different. The executive branch is covered by Title V of the Rehabilitation Act and the Architectural Barriers Act, rather than the ADA, for disability rights purposes.1 The legislative branch, on the other hand, is covered by the ADA as applied by the CAA.