§ 1302. — Application of laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1302]
TITLE 2--THE CONGRESS
CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
SUBCHAPTER I--GENERAL
Sec. 1302. Application of laws
(a) Laws made applicable
The following laws shall apply, as prescribed by this chapter, 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.).
(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.
(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.
(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 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.
(Pub. L. 104-1, title I, Sec. 102, Jan. 23, 1995, 109 Stat. 5.)
References in Text
The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1),
is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is
classified generally to chapter 8 (Sec. 201 et seq.) of Title 29, Labor.
For complete classification of this Act to the Code, see section 201 of
Title 29 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (a)(2), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 252, as amended. Title VII of the Act
is classified generally to subchapter VI (Sec. 2000e et seq.) of chapter
21 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 2000a of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec.
(a)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended,
which is classified principally to chapter 126 (Sec. 12101 et seq.) of
Title 42. For complete classification of this Act to the Code, see Short
Title note set out under section 12101 of Title 42 and Tables.
The Age Discrimination in Employment Act of 1967, referred to in
subsec. (a)(4), is Pub. L. 90-202, Dec. 15, 1967, 81 Stat. 602, as
amended, which is classified generally to chapter 14 (Sec. 621 et seq.)
of Title 29, Labor. For complete classification of this Act to the Code,
see Short Title note set out under section 621 of Title 29 and Tables.
The Family and Medical Leave Act of 1993, referred to in subsec.
(a)(5), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6, as amended, which
enacted sections 60m and 60n of this title, sections 6381 to 6387 of
Title 5, Government Organization and Employees, and chapter 28
(Sec. 2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5,
and enacted provisions set out as notes under section 2601 of Title 29.
For complete classification of this Act to the Code, see Short Title
note set out under section 2601 of Title 29 and Tables.
The Occupational Safety and Health Act of 1970, referred to in
subsec. (a)(6), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as
amended, which is classified principally to chapter 15 (Sec. 651 et
seq.) of Title 29. For complete classification of this Act to the Code,
see Short Title note set out under section 651 of Title 29 and Tables.
The Employee Polygraph Protection Act of 1988, referred to in
subsec. (a)(8), is Pub. L. 100-347, June 27, 1988, 102 Stat. 646, as
amended, which is classified generally to chapter 22 (Sec. 2001 et seq.)
of Title 29. For complete classification of this Act to the Code, see
Short Title note set out under section 2001 of Title 29 and Tables.
The Worker Adjustment and Retraining Notification Act, referred to
in subsec. (a)(9), is Pub. L. 100-379, Aug. 4, 1988, 102 Stat. 890,
which is classified generally to chapter 23 (Sec. 2101 et seq.) of Title
29. For complete classification of this Act to the Code, see Short Title
note set out under section 2101 of Title 29 and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (a)(10), is
Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
classified generally to chapter 16 (Sec. 701 et seq.) of Title 29. For
complete classification of this Act to the Code, see Short Title note
set out under section 701 of Title 29 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 1381, 1382, 1405, 1431, 1927
of this title.
