Pub.L. 104-10 To amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes. <> ...

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            (1) In general.--Except as provided in paragraph (2), 
        subsections (a) and (b) shall be effective 1 year after the date 
        of the enactment of this Act.
            (2) General accounting office and library of congress.--This 
        section shall be effective with respect to the General 
        Accounting Office and the Library of Congress 1 year after 
        transmission to the Congress of the study under section 230.

<<NOTE: 2 USC 1316.>> SEC. 206. RIGHTS AND PROTECTIONS RELATING TO 
            VETERANS' EMPLOYMENT AND REEMPLOYMENT.

    (a) Employment and Reemployment Rights of Members of the Uniformed 
Services.--
            (1) In general.--It shall be unlawful for an employing 
        office to--
                    (A) discriminate, within the meaning of subsections 
                (a) and (b) of section 4311 of title 38, United States 
                Code, against an eligible employee;
                    (B) deny to an eligible employee reemployment rights 
                within the meaning of sections 4312 and 4313 of title 
                38, United States Code; or
                    (C) deny to an eligible employee benefits within the 
                meaning of sections 4316, 4317, and 4318 of title 38, 
                United States Code.
            (2) Definitions.--For purposes of this section--
                    (A) the term ``eligible employee'' means a covered 
                employee performing service in the uniformed services, 
                within the meaning of section 4303(13) of title 38, 
                United States Code, whose service has not been 
                terminated upon occurrence of any of the events 
                enumerated in section 4304 of title 38, United States 
                Code,
                    (B) the term ``covered employee'' includes employees 
                of the General Accounting Office and the Library of 
                Congress, and
                    (C) the term ``employing office'' includes the 
                General Accounting Office and the Library of Congress.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be 
such remedy as would be appropriate if awarded under para

[[Page 109 STAT. 13]]

graphs (1), (2)(A), and (3) of section 4323(c) of title 38, United 
States Code.
    (c) Regulations To Implement Section.--
            (1) In general.--The Board shall, pursuant to section 304, 
        issue regulations to implement this section.
            (2) Agency regulations.--The regulations issued under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary of Labor to implement the statutory 
        provisions referred to in subsection (a) 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.

    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), 
        subsections (a) and (b) shall be effective 1 year after the date 
        of the enactment of this Act.
            (2) General accounting office and library of congress.--This 
        section shall be effective with respect to the General 
        Accounting Office and the Library of Congress 1 year after 
        transmission to the Congress of the study under section 230.

<<NOTE: 2 USC 1317.>> SEC. 207. PROHIBITION OF INTIMIDATION OR REPRISAL.

    (a) In General.--It shall be unlawful for an employing office to 
intimidate, take reprisal against, or otherwise discriminate against, 
any covered employee because the covered employee has opposed any 
practice made unlawful by this Act, or because the covered employee has 
initiated proceedings, made a charge, or testified, assisted, or 
participated in any manner in a hearing or other proceeding under this 
Act.
    (b) Remedy.--The remedy available for a violation of subsection (a) 
shall be such legal or equitable remedy as may be appropriate to redress 
a violation of subsection (a).

  PART B--PUBLIC SERVICES AND ACCOMMODATIONS UNDER THE AMERICANS WITH 
                        DISABILITIES ACT OF 1990

<<NOTE: 2 USC 1331.>> SEC. 210. RIGHTS AND PROTECTIONS UNDER THE 
            AMERICANS WITH DISABILITIES ACT OF 1990 RELATING TO PUBLIC 
            SERVICES AND ACCOMMODATIONS; PROCEDURES FOR REMEDY OF 
            VIOLATIONS.

    (a) Entities Subject to This Section.--The requirements of this 
section shall apply to--
            (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 Capitol Guide Service;
            (5) the Capitol Police;
            (6) the Congressional Budget Office;
            (7) the Office of the Architect of the Capitol (including 
        the Senate Restaurants and the Botanic Garden);

[[Page 109 STAT. 14]]

            (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 Accommodations.--
            (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.--If, 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.--If 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

[[Page 109 STAT. 15]]

        tion of subsection (b), compliance shall take place as soon as 
        possible, but no later than the fiscal year following the end of 
        the fiscal year in which the order requiring correction becomes 
        final and not subject to further review.

    (e) Regulations To Implement Section.--
            (1) In general.--The Board shall, pursuant to section 304, 
        issue regulations to implement this section.
            (2) Agency regulations.--The regulations issued under 
        paragraph (1) 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) 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.
            (3) Entity responsible for correction.--The regulations 
        issued under paragraph (1) shall include a method of 
        identifying, for purposes of this section and for categories of 
        violations of subsection (b), the entity responsible for 
        correction of a particular violation.

    (f) Periodic Inspections; Report to Congress; Initial Study.--
            (1) Periodic inspections.--On a regular basis, and at least 
        once each Congress, the General Counsel shall inspect the 
        facilities of the entities listed in subsection (a) to ensure 
        compliance with subsection (b).
            (2) Report.--On the basis of each periodic inspection, the 
        General Counsel shall, at least once every Congress, prepare and 
        submit a report--
                    (A) to the Speaker of the House of Representatives, 
                the President pro tempore of the Senate, and the Office 
                of the Architect of the Capitol, or other entity 
                responsible, for correcting the violation of this 
                section uncovered by such inspection, and
                    (B) containing the results of the periodic 
                inspection, describing any steps necessary to correct 
                any violation of this section, assessing any limitations 
                in accessibility to and usability by individuals with 
                disabilities associated with each violation, and the 
                estimated cost and time needed for abatement.
            (3) Initial period for study and corrective action.--The 
        period from the date of the enactment of this Act until December 
        31, 1996, shall be available to the Office of the Architect of 
        the Capitol and other entities subject to this section to 
        identify any violations of subsection (b), to determine the 
        costs of compliance, and to take any necessary corrective action 
        to abate any violations. The Office shall assist the Office of 
        the Architect of the Capitol and other entities listed in 
        subsection (a) by arranging for inspections and other technical 
        assistance at their request. Prior to July 1, 1996, the General 
        Counsel shall conduct a thorough inspection under paragraph (1) 
        and shall submit the report under paragraph (2) for the One 
        Hundred Fourth Congress.
            (4) Detailed personnel.--The Attorney General, the Secretary 
        of Transportation, and the Architectural and Transportation 
        Barriers Compliance Board may, on request of the Execu

[[Page 109 STAT. 16]]

        tive Director, detail to the Office such personnel as may be 
        necessary to advise and assist the Office in carrying out its 
        duties under this section.

    (g) Application of Americans With Disabilities Act of 1990 to the 
Provision of Public Services and Accommodations by the General 
Accounting Office, the Government Printing Office, and the Library of 
Congress.--Section 509 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12209)), as amended by section 201(c) of this Act, is amended 
by adding the following new paragraph:
            ``(6) Enforcement of rights to public services and 
        accommodations.--The remedies and procedures set forth in 
        section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) 
        shall be available to any qualified person with a disability who 
        is a visitor, guest, or patron of an instrumentality of Congress 
        and who alleges a violation of the rights and protections under 
        sections 201 through 230 or section 302 or 303 of this Act that 
        are made applicable by this section, except that the authorities 
        of the Equal Employment Opportunity Commission shall be 
        exercised by the chief official of the instrumentality of the 
        Congress.''.

    (h) Effective Date.--
            (1) In general.--Subsections (b), (c), and (d) shall be 
        effective on January 1, 1997.
            (2) General accounting office, government printing office, 
        and library of congress.--Subsection (g) shall be effective 1 
        year after transmission to the Congress of the study under 
        section 230.

           PART C--OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

<<NOTE: 2 USC 1341.>> SEC. 215. RIGHTS AND PROTECTIONS UNDER THE 
            OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970; PROCEDURES FOR 
            REMEDY OF VIOLATIONS.

    (a) Occupational Safety and Health Protections.--
            (1) In general.--Each employing office and each covered 
        employee shall comply with the provisions of section 5 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
            (2) Definitions.--For purposes of the application under this 
        section of the Occupational Safety and Health Act of 1970--
                    (A) the term ``employer'' as used in such Act means 
                an employing office;
                    (B) the term ``employee'' as used in such Act means 
                a covered employee;
                    (C) the term ``employing office'' includes the 
                General Accounting Office, the Library of Congress, and 
                any entity listed in subsection (a) of section 210 that 
                is responsible for correcting a violation of this 
                section, irrespective of whether the entity has an 
                employment relationship with any covered employee in any 
                employing office in which such a violation occurs; and
                    (D) the term ``employee'' includes employees of the 
                General Accounting Office and the Library of Congress.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be 
an order to correct the violation, including such order as would

[[Page 109 STAT. 17]]

be appropriate if issued under section 13(a) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 662(a)).
    (c) Procedures.--
            (1) Requests for inspections.--Upon written request of any 
        employing office or covered employee, the General Counsel shall 
        exercise the authorities granted to the Secretary of Labor by 
        subsections (a), (d), (e), and (f) of section 8 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 657 (a), 
        (d), (e), and (f)) to inspect and investigate places of 
        employment under the jurisdiction of employing offices.
            (2) Citations, notices, and notifications.--For purposes of 
        this section, the General Counsel shall exercise the authorities 
        granted to the Secretary of Labor in sections 9 and 10 of the 

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