| Home > 104th Congressional Public Laws > 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. <> ...
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. <> ...
[[Page 109 STAT. 3]]
Public Law 104-1
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
Sec. 1. Short title and table of contents.
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
Sec. 203. Rights and protections under the Fair Labor Standards Act of
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
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.
Sec. 225. Generally applicable remedies and limitations.
[[Page 109 STAT. 4]]
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.
<<NOTE: 2 USC 1301.>> SEC. 101. DEFINITIONS.
Except as otherwise specifically provided in this Act, as used in
(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
(6) Employee of the capitol police.--The term ``employee of
the Capitol Police'' includes any member or officer of the
(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
(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;
(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
<<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
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
(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.).
[[Page 109 STAT. 6]]
(5) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611
(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
(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.
[[Page 109 STAT. 7]]
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
(1) race, color, religion, sex, or national origin, within
the meaning of section 703 of the Civil Rights Act of 1964 (42
(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
(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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104th Congressional Public Laws Records and Documents
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