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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Public Law 104-1
104th Congress

                                 An Act


 
To make certain laws applicable to the legislative branch of the Federal 
             Government. <<NOTE: Jan. 23, 1995 -  [S. 2]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Congressional 
Accountability Act of 1995.>> 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

<<NOTE: 2 USC 1301 note.>>     (a) Short Title.--This Act may be cited 
as the ``Congressional Accountability Act of 1995''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.

                            TITLE I--GENERAL

Sec. 101. Definitions.
Sec. 102. Application of laws.

              TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS

Part A--Employment Discrimination, Family and Medical Leave, Fair Labor 
    Standards, Employee Polygraph Protection, Worker Adjustment and 
  Retraining, Employment and Reemployment of Veterans, and Intimidation

Sec. 201. Rights and protections under title VII of the Civil Rights Act 
           of 1964, the Age Discrimination in Employment Act of 1967, 
           the Rehabilitation Act of 1973, and title I of the Americans 
           with Disabilities Act of 1990.
Sec. 202. Rights and protections under the Family and Medical Leave Act 
           of 1993.
Sec. 203. Rights and protections under the Fair Labor Standards Act of 
           1938.
Sec. 204. Rights and protections under the Employee Polygraph Protection 
           Act of 1988.
Sec. 205. Rights and protections under the Worker Adjustment and 
           Retraining Notification Act.
Sec. 206. Rights and protections relating to veterans' employment and 
           reemployment.
Sec. 207. Prohibition of intimidation or reprisal.

  Part B--Public Services and Accommodations Under the Americans With 
                        Disabilities Act of 1990

Sec. 210. Rights and protections under the Americans with Disabilities 
           Act of 1990 relating to public services and accommodations; 
           procedures for remedy of violations.

           Part C--Occupational Safety and Health Act of 1970

Sec. 215. Rights and protections under the Occupational Safety and 
           Health Act of 1970; procedures for remedy of violations.

                   Part D--Labor-Management Relations

Sec. 220. Application of chapter 71 of title 5, United States Code, 
           relating to Federal service labor-management relations; 
           procedures for remedy of violations.

                             Part E--General

Sec. 225. Generally applicable remedies and limitations.

[[Page 109 STAT. 4]]

                              Part F--Study

Sec. 230. Study and recommendations regarding General Accounting Office, 
           Government Printing Office, and Library of Congress.

                     TITLE III--OFFICE OF COMPLIANCE

Sec. 301. Establishment of Office of Compliance.
Sec. 302. Officers, staff, and other personnel.
Sec. 303. Procedural rules.
Sec. 304. Substantive regulations.
Sec. 305. Expenses.

   TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES

Sec. 401. Procedure for consideration of alleged violations.
Sec. 402. Counseling.
Sec. 403. Mediation.
Sec. 404. Election of proceeding.
Sec. 405. Complaint and hearing.
Sec. 406. Appeal to the Board.
Sec. 407. Judicial review of Board decisions and enforcement.
Sec. 408. Civil action.
Sec. 409. Judicial review of regulations.
Sec. 410. Other judicial review prohibited.
Sec. 411. Effect of failure to issue regulations.
Sec. 412. Expedited review of certain appeals.
Sec. 413. Privileges and immunities.
Sec. 414. Settlement of complaints.
Sec. 415. Payments.
Sec. 416. Confidentiality.

                    TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Exercise of rulemaking powers.
Sec. 502. Political affiliation and place of residence.
Sec. 503. Nondiscrimination rules of the House and Senate.
Sec. 504. Technical and conforming amendments.
Sec. 505. Judicial branch coverage study.
Sec. 506. Savings provisions.
Sec. 507. Use of frequent flyer miles.
Sec. 508. Sense of Senate regarding adoption of simplified and 
           streamlined acquisition procedures for Senate acquisitions.
Sec. 509. Severability.

                            TITLE I--GENERAL

<<NOTE: 2 USC 1301.>> SEC. 101. DEFINITIONS.

    Except as otherwise specifically provided in this Act, as used in 
this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Office of Compliance.
            (2) Chair.--The term ``Chair'' means the Chair of the Board 
        of Directors of the Office of Compliance.
            (3) Covered employee.--The term ``covered employee'' means 
        any employee of--
                    (A) the House of Representatives;
                    (B) the Senate;
                    (C) the Capitol Guide Service;
                    (D) the Capitol Police;
                    (E) the Congressional Budget Office;
                    (F) the Office of the Architect of the Capitol;
                    (G) the Office of the Attending Physician;
                    (H) the Office of Compliance; or
                    (I) the Office of Technology Assessment.
            (4) Employee.--The term ``employee'' includes an applicant 
        for employment and a former employee.

[[Page 109 STAT. 5]]

            (5) Employee of the office of the architect of the 
        capitol.--The term ``employee of the Office of the Architect of 
        the Capitol'' includes any employee of the Office of the 
        Architect of the Capitol, the Botanic Garden, or the Senate 
        Restaurants.
            (6) Employee of the capitol police.--The term ``employee of 
        the Capitol Police'' includes any member or officer of the 
        Capitol Police.
            (7) Employee of the house of representatives.--The term 
        ``employee of the House of Representatives'' includes an 
        individual occupying a position the pay for which is disbursed 
        by the Clerk of the House of Representatives, or another 
        official designated by the House of Representatives, or any 
        employment position in an entity that is paid with funds derived 
        from the clerk-hire allowance of the House of Representatives 
        but not any such individual employed by any entity listed in 
        subparagraphs (C) through (I) of paragraph (3).
            (8) Employee of the senate.--The term ``employee of the 
        Senate'' includes any employee whose pay is disbursed by the 
        Secretary of the Senate, but not any such individual employed by 
        any entity listed in subparagraphs (C) through (I) of paragraph 
        (3).
            (9) Employing office.--The term ``employing office'' means--
                    (A) the personal office of a Member of the House of 
                Representatives or of a Senator;
                    (B) a committee of the House of Representatives or 
                the Senate or a joint committee;
                    (C) any other office headed by a person with the 
                final authority to appoint, hire, discharge, and set the 
                terms, conditions, or privileges of the employment of an 
                employee of the House of Representatives or the Senate; 
                or
                    (D) the Capitol Guide Board, the Capitol Police 
                Board, the Congressional Budget Office, the Office of 
                the Architect of the Capitol, the Office of the 
                Attending Physician, the Office of Compliance, and the 
                Office of Technology Assessment.
            (10) Executive director.--The term ``Executive Director'' 
        means the Executive Director of the Office of Compliance.
            (11) General counsel.--The term ``General Counsel'' means 
        the General Counsel of the Office of Compliance.
            (12) Office.--The term ``Office'' means the Office of 
        Compliance.

<<NOTE: 2 USC 1302.>> SEC. 102. APPLICATION OF LAWS.

    (a) Laws Made Applicable.--The following laws shall apply, as 
prescribed by this Act, to the legislative branch of the Federal 
Government:
            (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.).
            (2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.).
            (3) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
            (4) The Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 621 et seq.).

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            (5) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 
        et seq.).
            (6) The Occupational Safety and Health Act of 1970 (29 
        U.S.C. 651 et seq.).
            (7) Chapter 71 (relating to Federal service labor-management 
        relations) of title 5, United States Code.
            (8) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 
        2001 et seq.).
            (9) The Worker Adjustment and Retraining Notification Act 
        (29 U.S.C. 2101 et seq.).
            (10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
            (11) Chapter 43 (relating to veterans' employment and 
        reemployment) of title 38, United States Code.

    (b) Laws Which May Be Made Applicable.--
            (1) In general.--The Board shall review provisions of 
        Federal law (including regulations) relating to (A) the terms 
        and conditions of employment (including hiring, promotion, 
        demotion, termination, salary, wages, overtime compensation, 
        benefits, work assignments or reassignments, grievance and 
        disciplinary procedures, protection from discrimination in 
        personnel actions, occupational health and safety, and family 
        and medical and other leave) of employees, and (B) access to 
        public services and accommodations.
            (2) Board report.--Beginning on December 31, 1996, and every 
        2 years thereafter, the Board shall report on (A) whether or to 
        what degree the provisions described in paragraph (1) are 
        applicable or inapplicable to the legislative branch, and (B) 
        with respect to provisions inapplicable to the legislative 
        branch, whether such provisions should be made applicable to the 
        legislative branch. The presiding officers of 
        the <<NOTE: Congressional Record, publication.>> House of 
        Representatives and the Senate shall cause each such report to 
        be printed in the Congressional Record and each such report 
        shall be referred to the committees of the House of 
        Representatives and the Senate with jurisdiction.
            (3) Reports of congressional committees.--Each report 
        accompanying any bill or joint resolution relating to terms and 
        conditions of employment or access to public services or 
        accommodations reported by a committee of the House of 
        Representatives or the Senate shall--
                    (A) describe the manner in which the provisions of 
                the bill or joint resolution apply to the legislative 
                branch; or
                    (B) in the case of a provision not applicable to the 
                legislative branch, include a statement of the reasons 
                the provision does not apply.
        On the objection of any Member, it shall not be in order for the 
        Senate or the House of Representatives to consider any such bill 
        or joint resolution if the report of the committee on such bill 
        or joint resolution does not comply with the provisions of this 
        paragraph. This paragraph may be waived in either House by 
        majority vote of that House.

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              TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS

PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR 
    STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND 
  RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

<<NOTE: 2 USC 1311.>> SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII 
            OF THE CIVIL RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN 
            EMPLOYMENT ACT OF 1967, THE REHABILITATION ACT OF 1973, AND 
            TITLE I OF THE AMERICANS WITH DISABILITIES ACT OF 1990.

    (a) Discriminatory Practices Prohibited.--All personnel actions 
affecting covered employees shall be made free from any discrimination 
based on--
            (1) race, color, religion, sex, or national origin, within 
        the meaning of section 703 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-2);
            (2) age, within the meaning of section 15 of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
            (3) disability, within the meaning of section 501 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 
        through 104 of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12112-12114).

    (b) Remedy.--
            (1) Civil rights.--The remedy for a violation of subsection 
        (a)(1) shall be--
                    (A) such remedy as would be appropriate if awarded 
                under section 706(g) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e-5(g)); and
                    (B) such compensatory damages as would be 
                appropriate if awarded under section 1977 of the Revised 

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