§1302 — Title 2 The Congress | U.S. Code

Summary

Makes many federal workplace and civil-rights laws apply to the legislative branch. It covers laws like the Fair Labor Standards Act; Title VII (civil‑rights at work); the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Family and Medical Leave Act; OSHA; federal labor-management rules (chapter 71 of title 5); the Employee Polygraph Protection Act; the WARN Act; the Rehabilitation Act; veterans’ employment rules (chapter 43 of title 38); and section 9202 of title 5. The Board must review federal rules about job terms (hiring, pay, leave, safety, discipline, benefits, etc.) and access to public services. Starting December 31, 1996, and every 2 years after that, the Board must report whether those rules do or do not apply to the legislative branch and whether rules that do not apply should be made to apply. The House and Senate leaders must print each report in the Congressional Record and send it to the proper committees. When a committee sends a bill about work rules or access, the report with that bill must say how the bill applies to the legislative branch or explain why it does not. Rules in this chapter that cover a violation of section 1311(a)(1) also apply to violations of Title II of the Genetic Information Nondiscrimination Act of 2008, consistent with section 207(c). Nothing here limits other laws that explicitly say this chapter applies to their violations.

Title 2, §1302

The Congress — Source: USLM XML via OLRC

(a)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.

(12)Section 9202 of title 5.11 See Effective Date of 2019 Amendment note below.

(b)(1)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)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)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.

(c)(1)The provisions of this chapter that apply to a violation of section 1311(a)(1) of this title shall be considered to apply to a violation of title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), consistent with section 207(c) of that Act (42 U.S.C. 2000ff–6(c)).

(2)(A)Nothing in this section limits the provisions of this chapter that apply to a violation of a law described in subparagraph (B).

(B)A law described in this subparagraph is a law (even if not listed in subsection (a) or this subsection) that explicitly applies one or more provisions of this chapter to a violation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 1301 of this title and Tables. 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 (§ 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. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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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, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42. For complete classification of this Act to the Code, see

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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, which is classified generally to chapter 14 (§ 621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see

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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 section 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§ 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

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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, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29. For complete classification of this Act to the Code, see

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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, which is classified generally to chapter 22 (§ 2001 et seq.) of Title 29. For complete classification of this Act to the Code, see

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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 (§ 2101 et seq.) of Title 29. For complete classification of this Act to the Code, see

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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, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29. For complete classification of this Act to the Code, see

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note set out under section 701 of Title 29 and Tables. The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (c)(1), is Pub. L. 110–233, May 21, 2008, 122 Stat. 881. Title II of the Act is classified generally to chapter 21F (§ 2000ff et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 2000ff of Title 42 and Tables.

Amendments

2019—Subsec. (a)(12). Pub. L. 116–92 added par. (12). 2018—Subsec. (c). Pub. L. 115–397 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2019

Amendments

ubsec. (a)(12) of this section, as added by Pub. L. 116–92, effective 2 years after Dec. 20, 2019, see section 1316b(e) of this title and section 1122(b)(2) of Pub. L. 116–92, set out as a note under section 9202 of Title 5, Government Organization and Employees.

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

§1302 Application of laws

Summary

Title 2, §1302

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