Page:United States Statutes at Large Volume 109 Part 1.djvu/30

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109 STAT. 14 PUBLIC LAW 104-1 —JAN. 23, 1995 (8) the Office of the Attending Physician; (9) the Office of Compliance; and (10) the Office of Technology Assessment. (b) DISCRIMINATION IN PUBLIC SERVICES AND ACCOMMODA- TIONS.— (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, 303, and 309 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131-12150, 12182, 12183, and 12189) shall apply to the entities listed in subsection (a). (2) DEFINITIONS.— For purposes of the application of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) under this section, the term "public entity means any entity listed in subsection (a) that provides public services, programs, or activities. (c) REMEDY. — The remedy for a violation of subsection (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, 12188(a)), except that, with respect to any claim of employment discrimination asserted by any covered employee, the exclusive remedy shall be under section 201 of this title. (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)), who alleges a violation of subsection (b) by an entity listed in subsection (a), may file a charge against any entity responsible for correcting the violation with the General Counsel within 180 days of the occurrence of the alleged violation. The General Counsel shall investigate the charge. (2) MEDIATION.—I f, upon investigation under paragraph (1), the General Counsel believes that a violation of subsection (b) may have occurred and that mediation may be helpful in resolving the dispute, the General Counsel may request, but not participate in, mediation under subsections (b) through (d) of section 403 between the charging individual and any entity responsible for correcting the alleged violation. (3) COMPLAINT, HEARING, BOARD REVIEW.—I f mediation under paragraph (2) has not succeeded in resolving the dispute, and if the General Counsel believes that a violation of subsection (b) may have occurred, the General Counsel may file with the Office 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 405 and any person who has filed a charge under paragraph (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 pursuant to section 406. (4) JUDICIAL REVIEW.—A charging individual who has intervened under paragraph (3) or any respondent to the complaint, if aggrieved by a final decision of the Board under paragraph (3), may file a petition for review in the United States Court of Appeals for the Federal Circuit, pursuant to section 407. (5) COMPLIANCE DATE.— If new appropriated funds are necessary to comply with an order requiring correction of a viola-