Pub. L. 115-397, tit. III, sec. 303 (as amended)
CLARIFICATION OF TREATMENT OF LIBRARY OF CONGRESS VISITORS.
SEC. 303. CLARIFICATION OF TREATMENT OF LIBRARY OF CONGRESS VISITORS.
(a) Clarification.—Section 210 (2 U.S.C. 1331) is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
“(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 (other than a violation for which the exclusive remedy is under section 201) against the Library of Congress.
“(2) Election of remedies.—
“(A) In general.—A Library visitor who alleges a violation of subsection (b) by the Library of Congress may, subject to subparagraph (B)—
“(i) file a charge against the Library of Congress under subsection (d); or
“(ii) use the remedies and procedures set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), as provided under section 510 (other than paragraph (5)) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209).
“(B) Timing.—A Library visitor that has initiated proceedings under clause (i) or (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), before the General Counsel files a complaint under subsection (d)(3); or
“(ii) in the case of a Library visitor who first initiated a proceeding under subparagraph (A)(ii), before the Library visitor requests a hearing under the procedures of the Library of Congress described in such subparagraph.”
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(b) Conforming Amendment.—Section 210(d)(2) (2 U.S.C. 1331(d)(2)) is amended by striking “section 403” and inserting “section 404”.
(c) [2 U.S.C. 1331 note] Effective Date and Applicability.—The amendments made by subsection (a) 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.
- Cross-references to the US Code
- 2 U.S.C. 1331 note
- Public laws referenced
- 115-141