[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Senate]
[Pages S70-S81]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                OFFICE OF COMPLIANCE REPORT TO CONGRESS

  Mr. THURMOND. Mr. President, pursuant to section 102(b) of the 
Congressional Accountability Act of 1995 (2 U.S.C. sec. 1302(b)), the 
Board of Directors of the Office of Compliance has submitted a report 
to Congress. This document is titled a ``Review and Report of the 
Applicability to the Legislative Branch of Federal Law Relating to 
Terms and Conditions of Employment and Access to Public Services and 
Accommodations.''
  Section 102(b) requires this report to be printed in the 
Congressional Record, and referred to committees with jurisdiction. 
Therefore I ask unanimous consent that the report be printed in the 
Record.
  There being no objection, the report was ordered to be printed in the 
Record, as follows:

  Review and Report of the Applicability to the Legislative Branch of 
 Federal Law Relating to Terms and Conditions of Employment and Access 
                 to Public Services and Accommodations

    [Prepared by the Board of Directors of the Office of Compliance 
 Pursuant to Section 102(b) of the Congressional Accountability Act of 
                    1995 (PL 104-1), Dec. 31, 1996]


                         section 102 (b) Report

       Section 102(a) of the Congressional Accountability Act 
     (CAA) lists the eleven laws that ``shall apply, as prescribed 
     by this Act, to the legislative branch of the Federal 
     Government.'' Section 102(b) directs the Board of Directors 
     (Board) of the Office of Compliance to: ``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.''
       And, on the basis of this review, ``[b]eginning 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.''
       In preparing this report, the Board has reviewed the entire 
     United States Code to identify those laws and associated 
     regulations of general application that relate to terms and 
     conditions of employment or access to public accommodations 
     and services. In other words, the Board has reviewed those 
     provisions of law that confer employment rights or benefits 
     on or affect workplace conditions of employees, and that 
     create a corresponding mandate for employers, or that relate 
     to access to public services or accommodations. The Board 
     excluded from consideration those laws that, although 
     employment-related, (1) are specific to narrow or specialized 
     industries or types of employment not found in the 
     legislative branch (e.g., employment in maritime or mining 
     industries, or the armed forces, or employment in a project 
     funded by federal grants or contracts); or (2) establish 
     government programs of research, data-collection, advocacy, 
     or training, but do not establish correlative rights and 
     responsibilities for employees and employers (e.g., statutes 
     authorizing the Women's Bureau of Labor Statistics); or (3) 
     authorize, but do not require, that employers provide 
     benefits to employees, (e.g., so-called ``cafeteria plans'' 
     authorized by 26 U.S.C. 125).
       For ease of reference, the results of this research are 
     presented in four tables, each of which contains a matrix of 
     analysis consisting of four parts. The first column of each 
     table lists the name or a short description of the law; the 
     second gives the United States Code citation and any relevant 
     Code of Federal Regulations citation; the third summarizes 
     the provision of law to illustrate the extent to which it 
     relates to terms and conditions of employment or access to 
     public services or accommodations; and, the fourth analyzes 
     the extent of the provision's application in the legislative 
     branch. Because many statutes are either silent or ambiguous 
     in their definition of coverage, and because the issue is 
     only infrequently litigated, it is often difficult to 
     determine definitively

[[Page S71]]

     whether a statute is applicable to the legislative branch. 
     The Board has generally followed the principle that coverage 
     must be clearly and unambiguously stated.
       Table A lists and reviews those provisions of law relating 
     to terms and conditions of employment or access to public 
     accommodations and services that are generally applicable in 
     the private sector and/or in state and local government, and 
     that are already applicable to entities in the legislative 
     branch of the federal government. This table includes nine of 
     the statutes made applicable to the legislative branch by the 
     CAA.\1\
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     \1\ The nine CAA statutes treated in Table A are: the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), Title 
     VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
     seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.), the Age Discrimination in Employment Act of 
     1967 (29 U.S.C. 621 et seq.), the Family and Medical Leave 
     Act of 1993 (29 U.S.C. 2611 et seq.), the Occupational Safety 
     and Health Act of 1970 (29 U.S.C. 651 et seq.), the 
     Employment Polygraph Protection Act of 1988 (29 U.S.C. 2001 
     et seq.), the Worker Adjustment and Retraining Notification 
     Act (29 U.S.C. 2101 et seq.), and Chapter 43 (relating to 
     uniformed services employment and reemployment) of title 38, 
     United States Code. (See Table B for the two CAA statutes 
     applicable only in the federal public sector.)
---------------------------------------------------------------------------
       Table B lists and reviews those provisions of law that 
     apply only in the federal public sector, and have no 
     application in the private sector or in state or local 
     governments. Table B includes the two exclusively federal 
     factor laws applied to the legislative branch by the CAA.\2\ 
     Also listed in this table are the civil service laws in title 
     5 of the United States Code, the employment-related laws 
     applicable to Congress and the President, and a variety of 
     other employment-related laws applicable only in the federal 
     public sector.
---------------------------------------------------------------------------
     \2\ The two statutes made applicable to the legislative 
     branch by the CAA are: Chapter 71 (relating to federal 
     service labor-management relations) of title 5, United States 
     Code, and the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
     seq.).
---------------------------------------------------------------------------
       Table C lists and reviews five private sector and/or state 
     and local government provisions of law that do not apply in 
     the legislative branch. The five provisions of law listed in 
     this table are: the Government Employees Rights Act of 1991, 
     a provision of the Immigration Reform Control Act, the 
     National Labor Relations Act, the Employee Retirement Income 
     Security Act, and provisions of the Consolidated Omnibus 
     Budget Reconciliation Act of 1998 (COBRA). In the fourth 
     column of this table, the Board identifies other provisions 
     of law, currently applicable in the legislative branch, that 
     confer similar or related rights and protections to those 
     provided by the five private sector provisions of law. Those 
     provisions that, in the Board's view, create corresponding 
     rights and protections for the legislative branch are: the 
     anti-discrimination provisions of the Congressional 
     Accountability Act, Legislative Branch Appropriations Acts, 
     the Federal Service Labor-Management Relations Statute 
     provisions, as applied by the Congressional Accountability 
     Act, the Federal Employees Retirement System provisions, and 
     the Federal Employees Health Benefits Program, respectively.
       Table D contains the Board's review of thirteen other 
     private sector and/or state and local government provisions 
     of law that do not apply or have very limited application to 
     entities in the legislative branch. The first entry in the 
     table discusses a provision in the Immigration Reform and 
     Control Act, which forbids discrimination by employers on the 
     basis of national origin or citizenship status. Entry two 
     prohibits employment discrimination based on the fact that an 
     employee has declared personal bankruptcy. Entry three 
     prohibits an employer from firing an employee because that 
     employee's wages have been subject to garnishment. The fourth 
     provision in Table D prohibits an employer from discharging 
     an employee because that employee was called to serve on a 
     jury. The next two entries, title II and III of the Civil 
     Rights Act of 1964, prohibit discrimination on the basis of 
     race, color, religion, or national origin in the provision of 
     public accommodations and services. The final two entries 
     review the employee protection provisions contained in seven 
     environmental protection statutes.
       Having completed the review and analysis summarized in the 
     tables, the Board next considered the basis on which to 
     decide whether those statutes that were currently 
     inapplicable to the legislative branch ``should'' be applied 
     to the legislative branch. The statutory mandate of Section 
     102(b) could be interpreted to require the Board to report on 
     whether all the provisions analyzed in the tables should or 
     should not now be made fully applicable to all entities 
     within the legislative branch. The Board did not do so 
     because, as even a cursory review of those tables 
     demonstrates, that task is the work of many hands and many 
     years. Moreover, section 102(b)(2), in mandating that the 
     Board report biennially, argues for accomplishing such 
     statutory change on an incremental basis through an ongoing 
     reporting process. Accordingly, the Board has decided to 
     focus this, its first report, on the statutes in Table D, for 
     which there is currently no coverage in the legislative 
     branch, and to defer consideration of those provisions of 
     private and public sector laws in tables A, B, and C, not 
     currently fully applicable to the legislative branch, for 
     discussion in future reports.
       The Board's rationale for setting these priorities in its 
     first biennial report derives from its reading of the CAA and 
     from prudential institutional concerns. Because the statute 
     does not give direct guidance, the Board set its priorities 
     from the priorities found in the CAA. The CAA focuses almost 
     entirely on private sector law, applying to the legislative 
     branch only two exclusively federal public sector provisions 
     of law. This reading of the legislative priorities 
     established in the CAA is supported by the statement of 
     Senator Grassley, one of the bill's sponsors, who called for 
     an end to the situation in which ``[t]here is one set of 
     protections for people in the private sector whose employees 
     are protected by the employment, safety and civil rights 
     laws, but no protection, or very little protection for 
     employees on Capitol Hill.'' \3\ The Board has determined 
     likewise to focus attention in its first biennial report on 
     private sector law. Further, the Board made its first 
     priority the cases where, as Senator Grassley put it, there 
     is currently ``no protection, or very little protection'' in 
     the legislative branch. Accordingly, the Board focused on 
     reporting on private sector laws found in Table D that 
     currently have no or very limited application to entities in 
     the legislative branch.
---------------------------------------------------------------------------
     \3\ 141 Cong. Rec. S622 (daily ed. Jan. 9, 1995).
---------------------------------------------------------------------------
       The Board next considered how to treat the statutes in the 
     other tables. Because the CAA itself was concerned almost 
     exclusively with the application of private sector law to the 
     legislative branch, the Board gave the federal sector 
     statutes found in Table B a low priority. Further, 
     determining which currently inapplicable provisions of 
     federal civil service law could and ``should'' be applied to 
     the legislative branch and, if so, to which entities, is 
     difficult. Table B indicates how disparate the application of 
     federal sector laws currently is in the legislative branch 
     and the difficulty in finding a rational organizing 
     principle. Some of the statutes or provisions of statutes 
     already apply to some entities within the legislative branch, 
     but not to others; while a number do not have any application 
     to any entity within the legislative branch. Moreover, the 
     executive branch and the Congress are presently in the 
     process of reexamining the application of federal civil 
     service law in some parts of the executive branch. While such 
     review is underway, the Board has determined that it would be 
     premature to consider applying to the Congress the very 
     provisions at issue. Additionally, such determinations 
     involve, in part, weighing the merits of the protections 
     afforded by CAA against those provided under other statutory 
     schemes. But in this, its first year of administering the 
     CAA, it would be premature for the Board to make such 
     comparative judgments. Therefore, in light of the priorities 
     established by the CAA and the prematurity of review at this 
     time, the Board decided to defer reporting on the statutes 
     listed in Table B for future reports.
       Likewise, prudential concerns led the Board to defer 
     consideration of the statutes found in Table C. Although 
     Table C comprises a universe of statutes that are currently 
     inapplicable to entities in the legislative branch, the 
     Congress has already applied comparable provisions to 
     legislative branch entities. As the Board gains rulemaking 
     and adjudicatory experience in the application of the CAA to 
     the legislative branch, the Board will be better situated to 
     formulate recommendations about appropriate changes in those 
     different statutory schemes. Thus, the Board has determined 
     to defer consideration of the laws in table C in this first 
     report.
       Table A, as noted above, comprises the universe of private 
     sector law and/or state and local government law that 
     Congress has, with only limited exception, already applied to 
     the legislative branch, including nine of the laws made 
     applicable by the CAA. Because of the obvious importance of 
     these laws to the CAA, the Board intends to undertake a more 
     in depth study of the specific exceptions created by 
     Congress, with the goal of issuing an interim report prior to 
     December 31, 1998 with regard to whether and to what degree 
     the provisions excepted from the laws set forth in Table A 
     should be made applicable to the legislative branch.
       Turning now to those statutes in Table D that currently do 
     not apply to the legislative branch, the Board reports below 
     on whether those provisions should or should not be applied 
     to the legislative branch. Because a major goal of the CAA 
     was to achieve parity with the private sector, the Board has 
     determined that, if our review reveals no impediment to 
     applying the provision in question to the legislative branch, 
     it should be made applicable.
     Prohibition against discrimination based on national origin 
         or citizenship status (8 U.S.C. 1324b)
       Section 1324b of the Immigration Reform and Control Act 
     (IRCA) prohibits employment discrimination by employers of 
     three or more employees against a person because of national 
     origin or citizenship status. This section of IRCA, on its 
     face, does not appear to apply to entities in the legislative 
     branch. The national origin discrimination provisions of 
     IRCA, by their terms, do not apply to any employer that is 
     covered by Title VII. 8 U.S.C. 1324b(a)(2)(B). The CAA 
     already applies the rights and protections of Title VII to 
     legislative branch employment and therefore, IRCA's national 
     origin discrimination provisions would not apply, even if 
     IRCA was generally extended to the legislative branch.
       While IRCA prohibits citizenship status discrimination 
     generally, it permits such discrimination to the extent such 
     discrimination is required by federal, state, or local

[[Page S72]]

     law, regulation, or executive order. 8 U.S.C. 1324b(a)(2)(C). 
     Thus, IRCA gives governments an ``override'' power with 
     respect to their own hiring practices, and in establishing 
     employment in a government contract with private employers, 
     to require American citizenship as a condition of employment. 
     IRCA, if applied to the legislative branch, would likewise 
     allow legislative branch entities, by law or regulation, to 
     require American citizenship as a condition of employment in 
     any covered facility. The legislative branch has, in the 
     context of appropriations bills, imposed citizenship 
     restrictions on federal government hiring. See, e.g., Pub. L. 
     No. 104-52, title VI, Sec. 606, 109 Stat. 497 (Nov. 19, 1995) 
     (except as otherwise provided, no part of any appropriation 
     contained in this or any other act shall be used to pay the 
     compensation of any officer or employee of the Government of 
     the U.S. whose post of duty is the continental U.S. unless 
     such person is a U.S. citizen or intended citizen or meets 
     other specified requirements). Therefore, application of this 
     section of IRCA would be without significant effect.
     Prohibition against discrimination on the basis of bankruptcy 
         (11 U.S.C. 525)
       Section 525(a) provides that ``a government unit'' may not 
     deny employment to, terminate the employment of, or 
     discriminate with respect to employment against, a person 
     that is or has been a debtor under the bankruptcy statutes. 
     This provision currently does not apply to the legislative 
     branch. For the reason stated above, the Board reports that 
     the rights and protections against discrimination on this 
     basis should be applied to employing offices within the 
     legislative branch.
     Prohibition against discharge from employment by reason of 
         garnishment (15 U.S.C. 1674(a))
       Section 1674(a) prohibits discharge of any employee because 
     his or her earnings ``have been subject to garnishment for 
     any one indebtedness.'' This section is limited to private 
     employers, so it currently has no application to the 
     legislative branch. For the reason set forth above, the Board 
     has determined that the rights and protections against 
     discrimination on this basis should be applied to employing 
     offices within the legislative branch.
     Prohibition against discrimination on the basis of jury duty 
         (28 U.S.C. 1875)
       Section 1875 provides that no employer shall discharge, 
     threaten to discharge, intimidate, or coerce any permanent 
     employee by reason of such employee's jury service, or the 
     attendance or scheduled attendance in connection with such 
     service, in any court of the United States. This section 
     currently does not cover legislative branch employment. For 
     the reason set forth above, the Board has determined that the 
     rights and protections against discrimination on this basis 
     should be applied to employing offices within the legislative 
     branch.
     Titles II and III of the Civil Rights Act of 1964 (42 U.S.C. 
         2000a to 2000a-6, 2000b to 2000b-3)
       These titles prohibit discrimination or segregation on the 
     basis of race, color, religion, or national origin regarding 
     the goods, services, facilities, privileges, advantages, and 
     accommodations of ``any place of public accommodation'' as 
     defined in the Act. Although the CAA incorporated the 
     protections of titles II and III of the ADA, which prohibit 
     discrimination on the basis of disability with respect to 
     access to public services and accommodations, it does not 
     extend protection based upon race, color, religion, or 
     national origin. Since those protections of titles II and III 
     of the Civil Rights Act do not currently apply to entities in 
     the legislative branch, the Board has determined that the 
     rights and protections afforded by titles II and III of the 
     Civil Rights Act of 1964 against discrimination with respect 
     to places of public accommodation should be applied to 
     employing offices within the legislative branch.
     Employee protection provisions in the environmental 
         protection statutes (15 U.S.C. 2622; 33 U.S.C. 1367; 42 
         U.S.C. 300j-9(i), 5851, 6971, 7622, 9610)
       These provisions generally protect an employee from 
     discrimination in employment because the employee has 
     commenced, or caused to be commenced, proceedings under the 
     applicable statutes, has testified or is about to testify in 
     any such proceedings, or has participated or is about to 
     participate in any way in such proceedings. It is unclear to 
     what extent, if any, these provisions apply to entities in 
     the legislative branch. Furthermore, even if applicable or 
     partially applicable, it is unclear whether and to what 
     extent the legislative branch has the type of employees and 
     employing offices that would be subject to these provisions. 
     Consequently, the Board reserves judgment on whether or not 
     these provisions should be made applicable to the legislative 
     branch at this time.
       Thus, pursuant to section 102(b), the Board submits this 
     review and report, concluding that the following provisions 
     of law, summarized in Table D, should be applied to the 
     legislative branch: 11 U.S.C. 525 (bankruptcy); 15 U.S.C. 
     1675(a) (garnishment); 28 U.S.C. 1875 (jury duty); and titles 
     II and III of the Civil Rights Act of 1964 (42 U.S.C. 2000a 
     to 2000a-6, 2000b to 2000b-3) (public accommodations and 
     services).
       (The analysis and conclusions in this review and report are 
     being made solely for the purposes set forth in section 
     102(b) of the Congressional Accountability Act. Nothing in 
     this review and report is intended or should be construed as 
     a definitive interpretation of any factual or legal question 
     by the Office of Compliance or its Board of Directors.)
       (The Board of Directors of the Office of Compliance 
     gratefully acknowledges the contributions of Lawrence B. 
     Novey and Nicola O. Goren for their work on this review and 
     report.)

   TABLE A--PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENT PROVISIONS OF LAW AND RIGHTS AND PROTECTIONS ALREADY
                                      APPLICABLE IN THE LEGISLATIVE BRANCH
----------------------------------------------------------------------------------------------------------------
                                                                 Provisions that relate
                                                                    to the terms and        Whether or to what
                                         U.S. Code provisions        conditions of        degree the provisions
            Name or topic                 and corresponding        employment, or to        are applicable or
                                       Federal regulations, if      access to public       inapplicable to the
                                                 any                  services or           legislative branch
                                                                     accommodations
----------------------------------------------------------------------------------------------------------------
Restrictions on garnishment..........  15 U.S.C. 1673.........  Provision restricts the  Provisions of law apply
                                       5 C.F.R. parts 581 and    amount by which an       in the legislative
                                        582 generally            employee's earnings      branch by virtue of 5
                                        (Regulations of the      may be subject to        U.S.C. 5520a.
                                        Office of Personnel      garnishment to satisfy
                                        Management)              employee debts to
                                                                 creditors.
Provision relating to promise of       18 U.S.C. 600..........  Provision prohibits the  Provisions apply in the
 employment for political activity.                              promise of employment,   legislative branch.
                                                                 position, or
                                                                 compensation etc. made
                                                                 possible by an Act of
                                                                 Congress, to any
                                                                 person as
                                                                 consideration, favor
                                                                 or reward, for
                                                                 political activity,
                                                                 support, opposition,
                                                                 or in connection with
                                                                 any primary election
                                                                 or political
                                                                 convention.
Provision relating to deprivation of   18 U.S.C. 601..........  Provision prohibits the  Provisions apply in the
 employment for political                                        causing or attempting    legislative branch.
 contribution.                                                   to cause any person to
                                                                 make a political
                                                                 contribution through
                                                                 the denial or
                                                                 deprivation, or threat
                                                                 thereof, of any
                                                                 employment, position,
                                                                 or work in or for any
                                                                 agency or other entity
                                                                 of Government of the
                                                                 United States where
                                                                 such employment,
                                                                 position, or work is
                                                                 made possible by an
                                                                 Act of Congress.
Provisions relating to peonage and     18 U.S.C. 1581 and 1584  Provisions establish     Provisions apply in the
 involuntary servitude.                                          criminal penalties for   legislative branch.
                                                                 holding anyone in a
                                                                 condition of peonage
                                                                 or involuntary
                                                                 servitude.
Fair Labor Standards Act and the       29 U.S.C. 201 to 219...  Provisions govern        Certain provisions of
 Portal to Portal Act (FLSA).          29 U.S.C. 251 to 262.     overtime pay, minimum    the FLSA were made
                                       29 C.F.R. parts 510 to    wage, and child labor    applicable to the
                                        580 generally, and       protections. Also        legislative branch by
                                        part 775 (Regulations    require that women       section 203 of the
                                        of the Secretary of      receive equal pay for    CAA. Among those not
                                        Labor).                  equal work. The          made applicable are
                                       142 Cong. Rec. S3924 to   provisions of the        those relating to
                                        S3949 (April 23, 1996)   Portal to Portal Act     record-keeping, notice
                                        (Regulations of the      generally allow an       posting, and the power
                                        Office of Compliance).   employer to use as a     of the Department of
                                                                 defense a good faith     Labor to audit
                                                                 reliance upon            employers and enforce
                                                                 applicable               the law. The CAA
                                                                 interpretative           generally requires
                                                                 bulletins of the         that the Board of
                                                                 Secretary of Labor.      Directors of the
                                                                                          Office of Compliance
                                                                                          issue implementing
                                                                                          regulations that are
                                                                                          the same as
                                                                                          substantive
                                                                                          regulations of the
                                                                                          Secretary of Labor,
                                                                                          except where good
                                                                                          cause exists to modify
                                                                                          them.
Discrimination on the basis of age...  29 U.S.C. 621 to 633a..  The Age Discrimination   Section 201(a) of the
                                       29 C.F.R. parts 1625 to   in Employment Act of     CAA requires that
                                        1627 (Interpretations,   1967 prohibits           ``[a]ll personnel
                                        procedures, etc. of      employment               actions affecting
                                        the Equal Employment     discrimination against   covered employees
                                        Opportunity              persons 40 years of      shall be made free
                                        Commission).             age and over.            from any
                                                                                          discrimination based
                                                                                          on--. . . (2) age,
                                                                                          within the meaning of
                                                                                          section 15 of the Age
                                                                                          Discrimination in
                                                                                          Employment Act of
                                                                                          1967.'' Section
                                                                                          201(b)(2) also
                                                                                          provides that the
                                                                                          remedy for a violation
                                                                                          would be ``(A) such
                                                                                          remedy as would be
                                                                                          appropriate if awarded
                                                                                          under section 15(c) of
                                                                                          the Age Discrimination
                                                                                          in Employment Act of
                                                                                          1967 . . .; and (B)
                                                                                          such liquidated
                                                                                          damages as would be
                                                                                          appropriate if awarded
                                                                                          under section 7(b) of
                                                                                          such Act.'' The Board
                                                                                          has not adopted
                                                                                          substantive
                                                                                          regulations on age
                                                                                          discrimination.

[[Page S73]]

 
Occupational Safety and Health Act of  29 U.S.C. 651 to 677...  Protects the safety and  Certain provisions were
 1970.                                 29 C.F.R. parts 1900 to   health of employees      made applicable to the
                                        1926 (Regulations of     from physical,           legislative branch by
                                        the Occupational         chemical, and other      the CAA, effective
                                        Safety and Health        hazards in their         January 1, 1997. Among
                                        Administration, Dept.    places of employment.    those not made
                                        of Labor).                                        applicable are those
                                       142 Cong. Rec. H10711                              relating to record
                                        to H10719, S11019 to                              keeping. The CAA
                                        S11027 (Sept. 19,                                 generally requires
                                        1996) (proposed                                   that the Board of
                                        Regulations of the                                Directors of the
                                        Office of Compliance).                            Office of Compliance
                                                                                          issue implementing
                                                                                          regulations that are
                                                                                          the same as
                                                                                          substantive
                                                                                          regulations of the
                                                                                          Secretary of Labor,
                                                                                          except where cause
                                                                                          exists to modify them.
Provisions relating to lie detector    29 U.S.C. 2001 to 2009.  The Employee Polygraph   Section 204 of the CAA
 tests.                                29 C.F.R. part 801        Protection Act of 1988   states that no
                                        (Regulations of the      restricts the use of     employing office may
                                        Secretary of Labor).     lie detector tests by    require a covered
                                       142 Cong. Rec. S3917 to   employers.               employee to take a lie
                                        S3924 (Apr. 23, 1996)                             detector test ``where
                                        (Regulations of the                               such a test would be
                                        Office of Compliance).                            prohibited if required
                                                                                          by an employer under
                                                                                          paragraph (1), (2), or
                                                                                          (3) of section 3 of
                                                                                          the Employee Polygraph
                                                                                          Protection Act of 1988
                                                                                          . . .''. Section 204
                                                                                          also applies the
                                                                                          waiver provisions of
                                                                                          section 6(d) and a
                                                                                          remedy ``as would be
                                                                                          appropriate if awarded
                                                                                          under section 6(c)(1)
                                                                                          of that Act.'' The CAA
                                                                                          generally requires
                                                                                          that the Board of
                                                                                          Directors of the
                                                                                          Office of Compliance
                                                                                          issue implementing
                                                                                          regulations that are
                                                                                          the same as
                                                                                          substantive
                                                                                          regulations of the
                                                                                          Secretary of Labor,
                                                                                          except where good
                                                                                          cause exists to modify
                                                                                          them.
Provisions relating to notification    29 U.S.C. 2101 to 2109.  The Worker Adjustment    Section 205 of the CAA
 in the event of mass layoffs or       20 C.F.R. part 639        and Retraining           states that no
 closings.                              (Regulations of the      Notification Act         employing office may
                                        Employment and           assures employees of     close or order a mass
                                        Training                 notice in advance of     layoff ``within the
                                        Administration, Dept.    office or plant          meaning of section 3
                                        of Labor).               closings or mass         of the Worker
                                       142 Cong. Rec. S3949 to   layoffs in certain       Adjustment and
                                        S3952 (Apr. 23, 1996)    situations.              Retraining
                                        (Regulations of the                               Notification Act . .
                                        Office of Compliance).                            .'' if the employing
                                                                                          office has not given
                                                                                          employees 60 days
                                                                                          written notice.
                                                                                          Section 205 further
                                                                                          states that a remedy
                                                                                          for a violation would
                                                                                          be ``such remedy as
                                                                                          would be appropriate
                                                                                          if awarded under
                                                                                          paragraphs (1), (2),
                                                                                          and (4) of section
                                                                                          5(a)'' of that Act.
                                                                                          The CAA generally
                                                                                          requires that the
                                                                                          Board of Directors of
                                                                                          the Office of
                                                                                          Compliance issue
                                                                                          implementing
                                                                                          regulations that are
                                                                                          the same as
                                                                                          substantive
                                                                                          regulations of the
                                                                                          Secretary of Labor,
                                                                                          except where good
                                                                                          cause existed to
                                                                                          modify them.
Family and Medical Leave Act.........  29 U.S.C. 2601 to 2654.  Entitles eligible        Certain provisions of
                                       29 C.F.R. part 825        employees to up to       the law were made
                                        (Regulations of the      twelve weeks of unpaid   applicable to the
                                        Secretary of Labor).     leave for certain        legislative branch by
                                       142 Cong. Rec. S3896 to   family and medical       section 202 of the
                                        S3917 (Apr. 23, 1996)    reasons.                 CAA. Among those not
                                        (Regulations of the                               made applicable are
                                        Office of Compliance).                            those relating to
                                                                                          record keeping. The
                                                                                          CAA generally required
                                                                                          that the Board of
                                                                                          Directors of the
                                                                                          Office of Compliance
                                                                                          issue implementing
                                                                                          regulations that are
                                                                                          the same as
                                                                                          substantive
                                                                                          regulations of the
                                                                                          Secretary of Labor,
                                                                                          except where good
                                                                                          cause exists to modify
                                                                                          them.
Uniformed Services Employment and      38 U.S.C. 4301 to 4333.  Provisions protect       Section 206 of the CAA
 Reemployment Rights.                  5 C.F.R. part 353 for     employment rights for    makes it unlawful to
                                        executive branch         individuals who serve    discriminate against
                                        (Regulations of the      in the military and      an eligible employee
                                        Office of Personnel      other uniformed          ``within the meaning
                                        Management).             services.                of subsections (a) and
                                                                                          (b) of section 4311 of
                                                                                          title 38, United
                                                                                          States Code,'' or
                                                                                          ``deny to an eligible
                                                                                          employee reemployment
                                                                                          rights within the
                                                                                          meaning of sections
                                                                                          4312 and 4313 of title
                                                                                          38, United States
                                                                                          Code,'' or ``deny to
                                                                                          an eligible employees
                                                                                          benefits within the
                                                                                          meaning of section
                                                                                          4316, 4317, and 4318
                                                                                          of title 38, United
                                                                                          States Code.'' The CAA
                                                                                          also applies such
                                                                                          remedy ``as would be
                                                                                          appropriate if awarded
                                                                                          under paragraphs (1),
                                                                                          (2)(A), and (3) of
                                                                                          section 4323(c) of
                                                                                          title 38, United
                                                                                          States Code.''
Provisions relating to Social          42 U.S.C. 401 to 433...  Provisions entitle       Provisions apply in the
 Security Insurance.                   20 C.F.R. parts 404,      former employees to      legislative branch.
                                        410, 416 (Regulations    disability and old-age   However, employment in
                                        of the Social Security   insurance payments in    the legislative branch
                                        Administration).         certain situations.      prior to 1984 and
                                       42 C.F.R. parts 405,                               employment of
                                        406, 424 (Regulations                             individuals after 1984
                                        of the Health Care                                who chose to remain in
                                        Financing                                         the civil service
                                        Administration, HHS).                             retirement system are
                                                                                          not covered employment
                                                                                          for purposes of social
                                                                                          security.
Title VII of the Civil Rights Act of   42 U.S.C. 2000e to       Provisions prohibit      Certain provisions of
 1964--Equal Employment Opportunities.  2000e-17; damages in     discrimination in        the law were made
                                        42 U.S.C. 1981a(a)(1)    employment based on      applicable to the
                                        and (b).                 race, color, religion,   legislative branch by
                                       29 C.F.R. part 1601       sex, or national         section 201 of the
                                        generally (Procedural    origin.                  CAA. Those not made
                                        regulations of the                                applicable include the
                                        Equal Employment                                  provision allowing for
                                        Opportunity                                       punitive damages, and
                                        Commission).                                      those vesting
                                                                                          enforcement authority
                                                                                          in the Equal
                                                                                          Employment Opportunity
                                                                                          Commission and the
                                                                                          Attorney General. The
                                                                                          Board has not
                                                                                          promulgated
                                                                                          substantive
                                                                                          regulations concerning
                                                                                          these anti-
                                                                                          discrimination
                                                                                          provisions.
Discrimination in employment on the    42 U.S.C. 12101 to       Title I of the           Section 201 of the CAA
 basis of disability.                   12213.                   Americans with           requires that ``[a]ll
                                       29 C.F.R. parts 1602,     Disabilities Act of      personnel actions
                                        1614, 1640, 1641         1990 generally           affecting covered
                                        (Record keeping and      prohibits                employees shall be
                                        reporting requirements   discrimination in        made free from any
                                        of the Equal             employment of the        discrimination based
                                        Employment Opportunity   basis of disability.     on--. . . (3)
                                        Commission).                                      disability, within the
                                                                                          meaning of . . .
                                                                                          sections 102 through
                                                                                          104 of the Americans
                                                                                          with Disabilities Act
                                                                                          of 1990 . . .''. The
                                                                                          CAA also provides that
                                                                                          the remedy for a
                                                                                          violation would be
                                                                                          ``(A) such remedy as
                                                                                          would be appropriate
                                                                                          if awarded under
                                                                                          section . . . 107(a)
                                                                                          of the Americans with
                                                                                          Disabilities Act of
                                                                                          1990 . . .; and (B)
                                                                                          such compensatory
                                                                                          damages as would be
                                                                                          appropriate if awarded
                                                                                          under sections
                                                                                          1977A(a)(2),
                                                                                          1977A(a)(3),
                                                                                          1977A(b)(2), and,
                                                                                          irrespective of the
                                                                                          size of the employing
                                                                                          office, 1977A(b)(3)(D)
                                                                                          of the Revised
                                                                                          Statutes . . .''. The
                                                                                          Board has not adopted
                                                                                          substantive
                                                                                          regulations on
                                                                                          disability
                                                                                          discrimination.
Discrimination in the provision of     42 U.S.C. 12101 to       Titles II and III of     Section 210 of the CAA
 public services and accommodations     12213.                   the Americans with       states that ``the
 on the basis of disability.           28 C.F.R. part 35         Disabilities Act of      rights and protections
                                        (Regulations of the      1990 generally           against discrimination
                                        Attorney General).       prohibit                 in the provision of
                                       49 C.F.R. parts 27, 37,   discrimination in the    public services and
                                        38 (Regulations of the   provision of public      accommodations
                                        Secretary of             services and             established by
                                        Transportation).         accommodations on the    sections 201 through
                                       142 Cong. Rec. H10676     basis of disability.     230, 302, 303, and 309
                                        to H10711, S10984 to                              of the Americans with
                                        S11019 (Sept. 19,                                 Disabilities Act of
                                        1996) (proposed                                   1990'' shall apply to
                                        Regulations of the                                covered entities,
                                        Office of Compliance).                            effective January 1,
                                                                                          1997. Section 210
                                                                                          further states that
                                                                                          the remedy for a
                                                                                          violation would be
                                                                                          ``such remedy as would
                                                                                          be appropriate if
                                                                                          awarded under section
                                                                                          203 or 308(a) of the
                                                                                          Americans with
                                                                                          Disabilities Act of
                                                                                          1990.'' The CAA
                                                                                          generally requires
                                                                                          that the Board of
                                                                                          Directors of the
                                                                                          Office of Compliance
                                                                                          issue implementing
                                                                                          regulations that are
                                                                                          the same as
                                                                                          substantive
                                                                                          regulations of the
                                                                                          Attorney General and
                                                                                          the Secretary of
                                                                                          Transportation, except
                                                                                          where good cause
                                                                                          exists to modify them.
----------------------------------------------------------------------------------------------------------------


[[Page S74]]


                     TABLE B--PROVISIONS OF LAW THAT APPLY ONLY IN THE FEDERAL PUBLIC SECTOR
----------------------------------------------------------------------------------------------------------------
                                                                 Provisions that relate
                                                                    to the terms and        Whether or to what
                                         U.S. Code provisions        conditions of        degree the provisions
            Name or topic                 and corresponding        employment, or to        are applicable or
                                       Federal regulations, if      access to public       inapplicable to the
                                                 any                  services or           legislative branch
                                                                     accommodations
----------------------------------------------------------------------------------------------------------------
Provisions relating to the Congress..  2 U.S.C. 31 to end       Provisions include       Provisions apply to
                                        (except sections 1201-   sections relating to     various entities
                                        1202, 1301-1438,         compensation levels,     within the legislative
                                        discussed below).        rules for travel         branch.
                                                                 reimbursement, and
                                                                 other compensation and
                                                                 employment benefit-
                                                                 related allowances for
                                                                 Members of Congress,
                                                                 their staffs, and the
                                                                 staffs of many
                                                                 legislative branch
                                                                 agencies.
Congressional Accountability Act of    2 U.S.C. 1301 to 1438..  The CAA applies eleven   Provisions of law and
 1995 (CAA).                           142 Cong. Rec. S3896 to   federal employment and   regulations apply to
                                        S3952 generally (Apr.    labor laws to the        covered offices within
                                        23, 1996) (Regulations   legislative branch.      the legislative
                                        of the Board of                                   branch.
                                        Directors and the
                                        Executive Director of
                                        the Office of
                                        Compliance).
Provisions relating to the President.  3 U.S.C. 101-209.......  Provisions establish     Provisions do not apply
                                                                 compensation levels      in the legislative
                                                                 and other monetary       branch.
                                                                 allowances for the
                                                                 President, Vice
                                                                 President, the White
                                                                 House staff, and the
                                                                 United States Secret
                                                                 Service Uniformed
                                                                 Division.
Presidential and Executive Office      PL 104-331.............  Provisions apply eleven  Provisions do not apply
 Accountability Act.                                             federal employment and   in the legislative
                                                                 labor laws to the        branch. However, this
                                                                 executive branch.        law is comparable to
                                                                                          the Congressional
                                                                                          Accountability Act of
                                                                                          1995, which does apply
                                                                                          in the legislative
                                                                                          branch.
Privacy Act..........................  5 U.S.C. 552a..........  The Privacy Act          Provisions do not apply
                                       Regulations pursuant to   protects from            in the legislative
                                        the Privacy Act are      disclosure records       branch.
                                        promulgated by each      maintained by agencies
                                        individual agency        on individuals. With
                                        subject to the Act.      respect to federal
                                                                 employees, the Privacy
                                                                 Act protects them from
                                                                 unwanted access into
                                                                 their personal files.
Provisions establishing the Merit      5 U.S.C. 1201 to 1222..  The Merit Systems        Provisions apply to the
 Systems Protection Board and Office   5 C.F.R. parts 120 to     Protection Board was     Government Printing
 of Special Counsel.                    1209 (Regulations of     established to hear,     Office and to
                                        the Merit Systems        adjudicate, and          legislative branch
                                        Protection Board).       enforce many             agencies that have
                                       5 C.F.R. parts 1800 to    employment and labor     positions in the
                                        1850 (Regulations of     disputes for employees   competitive service.
                                        the Office of Special    in the competitive
                                        Counsel).                service. The Office of
                                                                 Special Counsel was
                                                                 established to protect
                                                                 employees in the
                                                                 executive branch from
                                                                 prohibited employment
                                                                 practices.
Merit Systems Principles and           5 U.S.C. 2301 to 2305..  Provisions establish     Provisions and
 Prohibited Personnel Practices.       5 C.F.R. parts 300 &      principles to be         regulations apply to
                                        720 (Regulations of      applied in the           the Government
                                        the Office of            implementation of        Printing Office.
                                        Personnel Management).   federal personnel
                                                                 management, and
                                                                 prohibit
                                                                 discriminatory
                                                                 personnel practices.
Authority to hire personal assistants  5 U.S.C. 3102..........  Provision authorizes     Provision applies to
 for handicapped employees.            Regulations are           agencies to employ       the General Accounting
                                        promulgated by each      personal assistants      Office and the Library
                                        individual agency        for handicapped          of Congress.
                                        subject to these         employees, including
                                        provisions.              blind and deaf
                                                                 employees.
Restriction on employment of           5 U.S.C. 3110..........  Provision restricts the  Provisions apply to
 relatives..                           5 C.F.R. part 310         employment,              ``an office, agency,
                                        (Regulations of the      appointment,             or other establishment
                                        Office of Personnel      promotion, and           in the legislative
                                        Management).             advancement by public    branch.''
                                                                 officials of relatives.
Provision relating to appointment of   5 U.S.C. 3112..........  Provision allows         Provision applies to
 disabled veterans.                    5 C.F.R. 720.301 et       agencies to make         agencies in the
                                        seq. (Regulations of     noncompetitive           legislative branch
                                        the Office of            appointments of          that have positions in
                                        Personnel Management).   disabled veterans.       the competitive
                                                                                          service.
Senior Executive Service.............  5 U.S.C. 3131 to 3136,   Provisions throughout    Provisions do not apply
                                        3391 to 3397, 3591 to    title 5 relate to        in the legislative
                                        3596, 4311 to 4315,      terms and conditions     branch.
                                        4507.                    of employment within
                                       5 C.F.R. parts 214,       the Senior Executive
                                        293, 317, 352, 359,      Service, including
                                        412, 430 (Regulations    compensation,
                                        of the Office of         benefits, incentives,
                                        Personnel Management).   qualifications,
                                                                 removal, and
                                                                 performance appraisals.
Civil Service........................  5 U.S.C. 3301..........  Provision empowers the   Provisions do not apply
                                       5 C.F.R. parts 771 &      President to prescribe   in the legislative
                                        930 (Regulations of      regulations for the      branch.
                                        the Office of            admission of
                                        Personnel Management).   individuals into the
                                                                 civil service in the
                                                                 executive branch, and
                                                                 to ascertain fitness
                                                                 of applicants.
Competitive Service..................  5 U.S.C. chapter 33....  Provisions create the    Provisions apply only
                                       5 C.F.R. generally        competitive service      to legislative branch
                                        (Regulations of the      and relate to terms      agencies that have
                                        Office of Personnel      and conditions of        positions in the
                                        Management).             employment within the    competitive service.
                                                                 competitive service
                                                                 including,
                                                                 appointment,
                                                                 examinations,
                                                                 qualifications,
                                                                 preference eligibility
                                                                 for veterans and
                                                                 certain other
                                                                 individuals,
                                                                 separation, promotion,
                                                                 and assignments.
Political Recommendations............  5 U.S.C. 3303..........  Provision requires that  Provisions apply only
                                                                 appointments to          to legislative branch
                                                                 positions in the         agencies that have
                                                                 competitive service,     positions in the
                                                                 the senior executive     competitive service.
                                                                 service, or the
                                                                 excepted service be
                                                                 made without regard to
                                                                 any recommendation or
                                                                 statement by any
                                                                 Member of Congress or
                                                                 congressional
                                                                 employee, any elected
                                                                 official of the
                                                                 government of any
                                                                 State, county, city or
                                                                 other subdivision or
                                                                 any other individual
                                                                 or organization making
                                                                 the recommendation on
                                                                 the basis of the
                                                                 applicant's party
                                                                 affiliation.
Ramspeck Act provisions..............  5 U.S.C. 3304(c).......  Provisions give          Provisions apply to
                                       5 C.F.R. parts 315 to     preference for           employees in the
                                        316 (Regulations of      transfer to the          legislative branch who
                                        the Office of            competitive service      are paid by the
                                        Personnel Management).   for certain              Secretary of the
                                                                 legislative branch       Senate or the Clerk of
                                                                 employees with at        the House of
                                                                 least 3 years of         Representatives.
                                                                 service, and certain
                                                                 judicial branch
                                                                 employees with at
                                                                 least 4 years of
                                                                 service, who are
                                                                 involuntarily
                                                                 separated without
                                                                 prejudice from the
                                                                 legislative or
                                                                 judicial branch and
                                                                 transfer to the
                                                                 competitive service
                                                                 within 1 year of
                                                                 separation.
Selective Service Registration.......  5 U.S.C. 3328..........  Provisions make a        Provision applies to
                                       5 C.F.R. part 300         person required to       the General Accounting
                                        (Regulations of the      register under the       Office.
                                        Office of Personnel      Selective Service who
                                        Management).             has not done so
                                                                 ineligible to apply to
                                                                 a position within an
                                                                 Executive agency.
Part-Time Career Employment            5 U.S.C. 3401 to 3408..  Provisions require the   Provisions apply to the
 Opportunities.                        5 C.F.R. part 340         heads of agencies to     Architect of the
                                        generally (Regulations   establish and maintain   Capitol, the Botanic
                                        of the Office of         a program for part-      Garden, the General
                                        Personnel Management).   time career              Accounting Office and
                                                                 employment. Restricts    the Library of
                                                                 agencies' ability to     Congress.
                                                                 abolish filled full-
                                                                 time positions to make
                                                                 room for part-time
                                                                 positions. Also
                                                                 protects full-time
                                                                 employees from being
                                                                 forced into part-time
                                                                 status.
Retention preference.................  5 U.S.C. 3501 to 3504..  Provisions create        Provisions of law do
                                       5 C.F.R. parts 351 &      retention preferences    not apply in the
                                        432 (Regulations of      and notice               legislative branch
                                        the Office of            requirements in case     (the General
                                        Personnel Management).   of reduction in force,   Accounting Office was
                                                                 transfer of agency       removed from coverage
                                                                 functions or             by the General
                                                                 replacement of an        Accounting Office
                                                                 agency by another        Personnel Act).
                                                                 agency.                  However, the Office of
                                                                                          Personnel Management's
                                                                                          regulations apply to
                                                                                          employees in the
                                                                                          legislative branch
                                                                                          whose positions are in
                                                                                          the competitive
                                                                                          service.
Reemployment after service with an     5 U.S.C. 3581 to 3584..  Provisions protect the   Provisions apply in the
 international organization.           5 C.F.R. 352.301 et       benefits, leave, and     legislative branch.
                                        seq. (Regulations of     employment of certain
                                        the Office of            employees who transfer
                                        Personnel Management).   temporarily to an
                                                                 international
                                                                 organization.
Training.............................  5 U.S.C. 4101 to 4119..  Provisions require the   Provisions apply to the
                                       5 C.F.R. part 410         head of each agency to   Government Printing
                                        generally (Regulations   establish, operate,      Office, the Library of
                                        of the Office of         and maintain programs    Congress, and the
                                        Personnel Management).   for training of          General Accounting
                                                                 employees in or under    Office. Section 4119
                                                                 the agency in            allows Architect of
                                                                 conformity with this     the Capitol to apply
                                                                 law.                     provisions of the law
                                                                                          deemed necessary for
                                                                                          the training of
                                                                                          employees of the
                                                                                          Architect of the
                                                                                          Capitol and the
                                                                                          Botanic Garden.
Performance Appraisals...............  5 U.S.C. 4301 to 4305..  Provisions require each  Provisions apply to the
                                       5 C.F.R. parts 430 &      agency to develop        Government Printing
                                        432 generally            performance appraisal    Office.
                                        (Regulations of the      systems to provide
                                        Office of Personnel      periodic appraisals of
                                        Management).             job performance of
                                                                 employees and to use
                                                                 the results of the
                                                                 performance appraisals
                                                                 in personnel decisions.
Incentive awards for superior          5 U.S.C. 4501 to 4509..  Provisions allow the     Provisions apply to the
 accomplishments.                      5 C.F.R. part 451         head of an agency to     Architect of the
                                        (Regulations of the      reward employees in      Capitol, the Botanic
                                        Office of Personnel      the form of a cash       Garden, the General
                                        Management).             award over and above     Accounting Office, the
                                                                 their regular salary,    Government Printing
                                                                 or, under OPM            Office, and the
                                                                 regulations, to give     Library of Congress.
                                                                 employees paid time
                                                                 off as an award in
                                                                 recognition of
                                                                 superior
                                                                 accomplishment.
Awards for cost saving disclosures...  5 U.S.C. 4511 to 4513..  Provisions allow the     Provisions apply to the
                                                                 Inspector General or     General Accounting
                                                                 other designated         Office.
                                                                 official of an
                                                                 executive agency to
                                                                 pay a cash award to an
                                                                 employee of the agency
                                                                 whose disclosure of
                                                                 fraud, waste, or
                                                                 mismanagement has
                                                                 resulted in cost
                                                                 savings for the agency.

[[Page S75]]

 
Awards to law enforcement officers     5 U.S.C. 4521 to 4523..  Provisions allow an      Provisions apply to the
 for foreign language capabilities.                              agency to pay a cash     Architect of the
                                                                 award to law             Capitol, the
                                                                 enforcement officers     Government Printing
                                                                 who possess and make     Office, the Library of
                                                                 substantial use of 1     Congress, and the
                                                                 or more foreign          Botanic Garden. (It
                                                                 languages in the         has not been
                                                                 performance of           ascertained whether
                                                                 official duties.         any of these agencies
                                                                                          have the type of
                                                                                          employee that would be
                                                                                          covered by this
                                                                                          provision.)
Pay Systems..........................  5 U.S.C. 5101 to 5392..  Provisions establish     Most provisions apply
                                       5 C.F.R. generally        the General Schedule     to one or more
                                        (Regulations of the      classification system    legislative branch
                                        Office of Personnel      for pay, locality-       agencies, including
                                        Management).             based comparability      the Library of
                                                                 payments, pay systems    Congress, the
                                                                 for other government     Government Printing
                                                                 entities, the            Office, the Architect
                                                                 Executive Schedule       of the Capitol, and
                                                                 classification system,   the Botanic Garden.
                                                                 prevailing rates,
                                                                 grade and pay
                                                                 retention, and payment
                                                                 in certain
                                                                 circumstances of
                                                                 employees' student
                                                                 loans.
Withholding Pay......................  5 U.S.C. 5511 to 5520a.  Allows withholding from  Most provisions apply
                                       Regulations are           employees' pay for       in the legislative
                                        promulgated by each      payments such as debts   branch.
                                        individual agency        to the United States,
                                        subject to these         District of Columbia
                                        provisions.              income taxes, other
                                                                 state taxes, state
                                                                 retirement systems,
                                                                 city or county income
                                                                 or employment taxes,
                                                                 debts owed to
                                                                 creditors following a
                                                                 legal process.
Dual Pay and Dual Employment.........  5 U.S.C. 5531 to 5537..  Provisions impose        Statutory provisions
                                       5 C.F.R. parts 550 &      restrictions on dual     apply throughout the
                                        553 (Regulations of      government employment,   legislative branch.
                                        the Office of            extra pay, and           The regulations of the
                                        Personnel Management).   receiving two or more    Office of Personnel
                                                                 government paychecks     Management apply to
                                                                 at the same time.        the General Accounting
                                                                                          Office.
Premium Pay..........................  5 U.S.C. 5541 to 5550a.  Provisions allow for     Statutory provisions
                                       5 C.F.R. parts 550 and    overtime pay for hours   apply to covered
                                        551 (Regulations of      worked over 40 in a      employees of covered
                                        the Office of            workweek or hours        legislative branch
                                        Personnel Management).   worked over 8 in a       agencies, including
                                                                 day, compensatory time   the Library of
                                                                 off, and premium pay     Congress, the Botanic
                                                                 for holidays and         Garden, the Architect
                                                                 Sundays, for certain     of the Capitol, the
                                                                 employees of the         General Accounting
                                                                 Federal Government.      Office and, in part,
                                                                                          to the Government
                                                                                          Printing Office as
                                                                                          well. The regulations
                                                                                          of the Office of
                                                                                          Personnel Management
                                                                                          apply to the General
                                                                                          Accounting Office.
Payment for accumulated and accrued    5 U.S.C. 5551 to 5553..  Provisions allow for     Provisions apply in the
 annual leave.                                                   employees to receive a   legislative branch.
                                                                 lump sum payment for
                                                                 accumulated and
                                                                 accrued annual leave
                                                                 upon separation from
                                                                 government service.
Payments to missing employees........  5 U.S.C. 5561 to 5570..  Provisions allow for     Provisions apply to the
                                       32 C.F.R. part 718        payments to employees    General Accounting
                                        (Regulations of the      who are missing in       Office.
                                        Department of the        certain circumstances.
                                        Army, DOD) 22 C.F.R.
                                        part 19 (Regulations
                                        of the Secretary of
                                        State).
Settlement of Accounts...............  5 U.S.C. 5581 to 5584..  Provisions allow for     Provisions apply in the
                                       4 C.F.R. parts 33, 91,    payment of money due     legislative branch.
                                        92 (Regulations of the   to an employee at the
                                        General Accounting       time of death of the
                                        Office).                 employee and, in
                                                                 certain circumstances,
                                                                 for recoupment by the
                                                                 government of
                                                                 overpayments or
                                                                 erroneous payments to
                                                                 employees.
Severance pay and Back pay...........  5 U.S.C. 5595 to 5597..  Provisions allow for     Provisions generally
                                       5 C.F.R. 550.701 et       severance pay upon       apply to the General
                                        seq., 550.801 et seq.    separation from          Accounting Office, the
                                        (Regulations of the      government service and   Government Printing
                                        Office of Personnel      back pay due to          Office, and the
                                        Management).             unjustified personnel    Library of Congress.
                                                                 actions in certain
                                                                 circumstances.
Travel and subsistence expenses;       5 U.S.C. 5701 to 5709..  Provisions establish     Provisions generally
 Mileage allowances.                   41 C.F.R. parts 301 to    rules and policies       apply in the
                                        304 (Federal Travel      regarding per diems      legislative branch.
                                        Regulations).            and traveling on
                                                                 official business,
                                                                 transportation
                                                                 expenses, mileage and
                                                                 related allowances,
                                                                 and subsistence and
                                                                 travel expenses for
                                                                 federal employees.
Travel and transportation expenses     5 U.S.C. 5721 to 5735..  Provisions establish     Provisions apply to the
 for new appointees, student           5 C.F.R. part 572         rules and policies for   General Accounting
 trainees, and transferred employees.   generally (Regulations   travel and               Office, the Library of
                                        of the Office of         transportation           Congress, the Botanic
                                        Personnel Management).   reimbursement for new    Garden, the Government
                                                                 appointees, student      Printing Office.
                                                                 trainees, transferred
                                                                 employees, employees
                                                                 assigned to danger
                                                                 areas, and storage and
                                                                 other miscellaneous
                                                                 expenses.
Basic 40-hour workweek; work           5 U.S.C. 6101..........  Provisions establish     Statutory provisions
 schedules.                            5 C.F.R. part 610         the 40-hour workweek     apply to the General
                                        (Regulations of the      and work schedules in    Accounting Office, and
                                        Office of Personnel      the federal government.  are optional for the
                                        Management).                                      Library of Congress,
                                                                                          the Botanic Garden,
                                                                                          the Architect of the
                                                                                          Capitol. The
                                                                                          regulations of the
                                                                                          Office of Personnel
                                                                                          Management apply to
                                                                                          the General Accounting
                                                                                          Office.
Holidays.............................  5 U.S.C. 6103 and 6104.  Provisions establish     Provisions apply in the
                                       5 C.F.R. 610.301 et       statutory public         legislative branch.
                                        seq. (Regulations of     holidays for
                                        the Office of            government employees;
                                        Personnel Management).   also entities daily,
                                                                 hourly, or piece-work
                                                                 employees to be paid
                                                                 for holidays.
Flexible and Compressed Work           5 U.S.C. 6120 to 6133..  Provisions allow the     Statutory provisions
 Schedules.                            5 C.F.R. 610.401 et       heads of agencies to     apply to the General
                                        seq. (Regulations of     establish flexible       Accounting Office, the
                                        the Office of            work schedule programs   Government Printing
                                        Personnel Management).   and compressed work      Office, and the
                                       5 C.F.R. 2472.6           week schedules, within   Library of Congress.
                                        (Regulations of the      certain guidelines.      The regulations of the
                                        Federal Labor                                     Office of Personnel
                                        Relations Authority).                             Management apply to
                                                                                          the General Accounting
                                                                                          Office. The Federal
                                                                                          Labor Relations
                                                                                          Authority regulations
                                                                                          apply to the
                                                                                          Government Printing
                                                                                          Office and the Library
                                                                                          of Congress.
Annual and Sick Leave................  5 U.S.C. 6301 to 6312..  Provisions establish     Provisions apply in the
                                       5 C.F.R. part 630         rules for government     legislative branch
                                        (Regulations of the      employees to accrue      except they do not
                                        Office of Personnel      and accumulate annual    apply to employees of
                                        Management).             and sick leave.          the House of
                                                                                          Representatives or the
                                                                                          Senate.
Leave for jury or witness service....  5 U.S.C. 6322..........  Provision entitles       Provision applies in
                                                                 government employees     the legislative branch
                                                                 to leave without loss    except for individuals
                                                                 of, or reduction in      whose pay is disbursed
                                                                 pay, or leave, for       by the Secretary of
                                                                 jury duty or to be a     the Senate or the
                                                                 witness in a judicial    Clerk of the House of
                                                                 proceeding in which      Representatives.
                                                                 the United States, the
                                                                 District of Columbia
                                                                 or a State or local
                                                                 government is a party.
                                                                 In certain situations,
                                                                 an employee called as
                                                                 a witness will be
                                                                 considered on official
                                                                 duty status.
Military Leave; Reserves and National  5 U.S.C. 6323..........  Provision entitles       Provision applies in
 Guardsmen.                                                      government employees     the legislative
                                                                 to leave without loss    branch.
                                                                 of, or reduction in
                                                                 pay, etc. in
                                                                 connection with
                                                                 certain reserve
                                                                 duties, military
                                                                 training.
Absence resulting from hostile action  5 U.S.C. 6325..........  Provision entitles       Provision applies in
 abroad.                                                         government employees     the legislative
                                                                 not to have leave        branch.
                                                                 charged to their
                                                                 account for up to one
                                                                 year if their leave is
                                                                 due to an injury
                                                                 incurred while serving
                                                                 abroad and resulting
                                                                 from war, insurgency,
                                                                 mob violence, or
                                                                 similar hostile action
                                                                 and not due to the
                                                                 employee himself.
Absence for funerals of immediate      5 U.S.C. 6326..........  Provision entitles       Provisions applies to
 relatives in the Armed Forces.        5 C.F.R. part 630         employees whose          the General Accounting
                                        (Regulations of the      immediate relative has   Office.
                                        Office of Personnel      died as a result of
                                        Management).             wounds, disease or
                                                                 injury incurred while
                                                                 serving in the armed
                                                                 forces in a combat
                                                                 zone, to up to three
                                                                 days leave, without
                                                                 loss of pay, leave,
                                                                 etc.
Absence in connection with serving as  5 U.S.C. 6327..........  Provision entitles       Provision applies to
 a bone-marrow or organ donor.                                   employees to leave       the General Accounting
                                                                 without loss of or       Office.
                                                                 reduction in pay,
                                                                 leave, etc. when such
                                                                 employees need leave
                                                                 to serve as a bone-
                                                                 marrow or organ donor.
Voluntary transfers of leave and       5 U.S.C. 6331 to 6373..  Provisions establish     Provisions apply in the
 Voluntary Leave Bank Program.         5 C.F.R. part 630         policies under which     legislative branch
                                        (Regulations of the      annual leave accrued     except they do not
                                        Office of Personnel      or accumulated by an     apply to employees of
                                        Management).             employee may be (1)      the House of
                                                                 transferred to the       Representatives or the
                                                                 annual leave account     Senate.
                                                                 of any other employee
                                                                 if the recipient
                                                                 requires additional
                                                                 leave due to a medical
                                                                 emergency, or (2)
                                                                 contributed to a leave
                                                                 bank established by
                                                                 the employment agency
                                                                 and made available to
                                                                 any employee requiring
                                                                 it due to a medical
                                                                 emergency.

[[Page S76]]

 
Family and Medical Leave.............  5 U.S.C. 6381 to 6387..  Provisions entitle an    Provisions apply in the
                                       5 C.F.R. part 630         employee to take leave   legislative branch
                                        Regulations of the       for certain family and   except they do not
                                        Office of Personnel      medical related          apply to employees of
                                        Management).             reasons.                 the House of
                                                                                          Representatives or the
                                                                                          Senate. Under section
                                                                                          202 of the CAA, the
                                                                                          General Accounting
                                                                                          Office and the Library
                                                                                          of Congress are
                                                                                          removed from coverage
                                                                                          of these provisions
                                                                                          and made subject to
                                                                                          provisions of title 29
                                                                                          U.S.C., governing
                                                                                          family and medical
                                                                                          leave, effective one
                                                                                          year after the study
                                                                                          required by section
                                                                                          230 of the CAA is
                                                                                          transmitted to
                                                                                          Congress. Furthermore,
                                                                                          employees of certain
                                                                                          other legislative
                                                                                          branch entities are
                                                                                          included within the
                                                                                          terms of both 5 U.S.C.
                                                                                          6381 to 6387 and
                                                                                          section 202 of the
                                                                                          CAA, which applies
                                                                                          certain provisions of
                                                                                          title 29, U.S.C.,
                                                                                          relating to family and
                                                                                          medical leave. (See
                                                                                          table A)
Federal Service Labor-Management       5 U.S.C. 7101 to 7135..  Provisions protect the   Chapter 71 of title 5
 Provisions.                           5 C.F.R. chapter 24       rights of employees in   and applicable
                                        generally (Regulations   the Federal Government   regulations apply to
                                        of the Federal Labor     to form, join, or        the Government
                                        Relations Authority).    assist any labor         Printing Office and
                                       142 Cong. Rec. H10369     organization, or to      the Library of
                                        to H10384, S10405 to     refrain from any such    Congress. Certain
                                        S10420 (Sept. 12,        activity, without fear   provisions of chapter
                                        1996) (Regulations of    of penalty or reprisal.  71 were made
                                        the Office of                                     applicable to the
                                        Compliance under                                  legislative branch by
                                        section 220(d) of the                             section 220 of the
                                        CAA.                                              CAA. Among those
                                                                                          provisions not made
                                                                                          applicable are those
                                                                                          relating to injunctive
                                                                                          relief. However, the
                                                                                          CAA generally required
                                                                                          that the Board of
                                                                                          Directors of the
                                                                                          Office of Compliance
                                                                                          issue implementation
                                                                                          regulations that are
                                                                                          the same as
                                                                                          substantive
                                                                                          regulations of the
                                                                                          Federal Labor
                                                                                          Relations Authority
                                                                                          except where good
                                                                                          cause existed to
                                                                                          modify them.
Provisions relating to Anti-           5 U.S.C. 7201 to 7204..  Provisions establish     Provision prohibiting
 Discrimination in Employment.         5 C.F.R. 720.101 et       policy to insure equal   discrimination on the
                                        seq. (Regulations of     employment               basis of marital
                                        the Office of            opportunities for        status or handicapping
                                        Personnel Management).   employees without        condition applies to
                                                                 discrimination because   competitive service
                                                                 of race, color,          positions in the
                                                                 religion, sex, or        legislature branch.
                                                                 national origin.
                                                                 Provisions prohibit
                                                                 discrimination on the
                                                                 basis of martial
                                                                 status or handicapping
                                                                 condition. Require
                                                                 executive agencies to
                                                                 recruit minorities.
Employees' right to petition Congress  5 U.S.C. 7211..........  Provision protects       Provision applies in
                                                                 employees' rights to     the legislative
                                                                 petition Congress or a   branch.
                                                                 Member of Congress, or
                                                                 to furnish information
                                                                 to either House of
                                                                 Congress, or to a
                                                                 committee or Member
                                                                 thereof.
Employment Limitations...............  5 U.S.C. 7311 to 7313..  Provide that an          Statutory provisions
                                       5 C.F.R. part 732         individual is            apply to the
                                        (Regulations of the      ineligible to accept     legislative branch.
                                        Office of Personnel      or hold a position in    Office of Personnel
                                        Management).             the Government of the    Management regulations
                                                                 United States or         apply to competitive
                                                                 District of Columbia     service positions in
                                                                 for certain specified    the legislative
                                                                 reasons including if     branch.
                                                                 he advocates or is a
                                                                 member of an
                                                                 organization that
                                                                 advocates the
                                                                 overthrow of
                                                                 government;
                                                                 participates in a
                                                                 strike or asserts the
                                                                 right to strike, or is
                                                                 a member of an
                                                                 organization that
                                                                 asserts the right to
                                                                 strike against the
                                                                 U.S. or D.C.
                                                                 government.
Political Participation..............  5 U.S.C. 7321 to 7326..  Imposes various          Provisions apply to
                                       5 C.F.R. parts 733 to     restrictions on the      entities in the
                                        734 (Regulations of      political activities     legislative branch
                                        the Office of            of Federal employees.    with positions in the
                                        Personnel Management).                            competitive service.
Foreign Gifts and Decorations........  5 U.S.C. 7342..........  Establishes and limits   Provisions apply to
                                       Regulations are           the right of             employees in the
                                        promulgated by each      government employees     legislative branch, as
                                        individual agency        to accept gifts or       well as Members of
                                        subject to these         decorations from         Congress.
                                        provisions.              foreign governments.
Misconduct...........................  5 U.S.C. 7351 to 7353..  Prohibits gifts to       Statutory provisions
                                       5 C.F.R. part 2635        superiors and            apply to employees in
                                        generally (Regulations   prohibits certain        the legislative
                                        of the Office of         gifts to employees.      branch. Regulations of
                                        Government Ethics)                                the Office of
                                                                                          Government Ethics
                                                                                          apply only in the
                                                                                          executive branch.
Adverse Actions......................  5 U.S.C. 7501 to 7543..  Creates disciplinary     Provisions apply to
                                       5 C.F.R. parts 752,       proceedings and          competitive service
                                        930, 990 (Regulations    sanctions for            positions in the
                                        of the Office of         employees under the      legislative branch.
                                        Personnel Management).   Merit Systems
                                                                 Protections Board
                                                                 system.
Safety Programs......................  5 U.S.C. 7902..........  Requires the heads of    Provisions apply in the
                                                                 agencies to develop      legislative branch.
                                                                 and support organized    (NB: Executive Order
                                                                 safety promotion to      12196, which was
                                                                 reduce accidents and     promulgated under 5
                                                                 injuries among           U.S.C. 7902 and sets
                                                                 employees of the         forth specific duties
                                                                 agency.                  for heads of federal
                                                                                          agencies in
                                                                                          establishing health
                                                                                          and safety programs,
                                                                                          covers only executive
                                                                                          branch agencies.)
Employee Assistance Programs relating  5 U.S.C. 7904..........  Requires the heads of    Provisions apply to
 to drug and alcohol abuse.                                      Executive agencies to    GAO.
                                                                 establish employee
                                                                 assistance programs
                                                                 for drug and alcohol
                                                                 abuse for employees of
                                                                 the agency.
Compensation for Work Injuries.......  5 U.S.C. 8101 to 8193..  Provisions establish     Provisions apply in the
                                       20 C.F.R. parts 1, 10,    systems for              legislative branch.
                                        25 (Regulations of the   compensation and job
                                        Office of Worker's       retention for
                                        Compensation Programs,   employees injured,
                                        Dept. of Labor).         disabled or killed on
                                       5 C.F.R. part 353         the job.
                                        (Regulations of the
                                        Office of Personnel
                                        Management).
Civil Service Retirement and Federal   5 U.S.C. 8301 to 8407..  Provisions establish     Provisions apply in the
 Employees Retirement Systems.         5 C.F.R. parts 831, 841   retirement systems for   legislative branch.
                                        to 846 (Regulations of   employees of the
                                        the Office of            United States
                                        Personnel Management).   Government (and
                                       5 C.F.R. chapter 16       others) and include
                                        (Regulations of the      annuities, thrift
                                        Federal Retirement       savings, retirement on
                                        Thrift Supervision       disability, and early
                                        Board).                  retirement.
Unemployment Compensation............  5 U.S.C. 8501 to 8525..  Provisions establish     Provisions apply in the
                                       20 C.F.R. parts 609 &     systems for payment of   legislative branch
                                        614 (Regulations of      unemployment             except they do not
                                        the Employment and       compensation by states   apply to Members of
                                        Training                 to former federal        Congress.
                                        Administration, Dept.    employees.
                                        of Labor).
Life Insurance.......................  5 U.S.C. 8701 to 8716..  Provisions establish     Provisions apply in the
                                       5 C.F.R. parts 870 to     system for life          legislative branch.
                                        874 (Regulations of      insurance for
                                        the Office of            government employees.
                                        Personnel Management).
Health Insurance.....................  5 U.S.C. 8901 to 8914..  Provisions establish     Provisions apply in the
                                       5 C.F.R. parts 890 to     health insurance         legislative branch.
                                        891 (Regulations of      system for government
                                        the Office of            employees. Provisions
                                        Personnel Management).   include continuation
                                                                 coverage similar to
                                                                 COBRA's. (See Table C).
Provisions relating to criminal        18 U.S.C. 203, 205, 207  Provisions imposed       Provisions apply in the
 penalties for government employees.    to 209.                  criminal penalties on    legislative branch.
                                       Regulations are           certain government
                                        promulgated by each      employees for, among
                                        individual agency        other things,
                                        subject to these         soliciting or taking
                                        provisions.              bribes, acting as an
                                                                 agent or attorney for
                                                                 bringing claims
                                                                 against the United
                                                                 States, and for
                                                                 participating in an
                                                                 official capacity in
                                                                 official proceedings
                                                                 in which the employee
                                                                 may have a personal
                                                                 interest. The
                                                                 provisions also
                                                                 prohibit former
                                                                 government employees
                                                                 from participating in
                                                                 certain types of
                                                                 actions following
                                                                 their departure from
                                                                 the government.
Provisions relating to illegal         18 U.S.C. 431 to 443...  Provisions impose        Certain provisions
 government employee contracts.                                  criminal penalties on    apply in the
                                                                 certain government       legislative branch.
                                                                 employees for entering
                                                                 into contracts which,
                                                                 among other things,
                                                                 create a conflict of
                                                                 interest, or exceed
                                                                 appropriation amounts.
Provisions relating to accounting      18 U.S.C. 643..........  Provisions imposes       Provisions apply in the
 generally for public money.                                     criminal penalties for   legislative branch.
                                                                 embezzlement of public
                                                                 monies by an officer,
                                                                 employee or agent of
                                                                 the United States, or
                                                                 of any department or
                                                                 agency thereof.
Criminal penalties for certain         18 U.S.C. 1913, 1915 to  Provisions impose        Provisions apply in the
 violations by United States            1918.                    criminal penalties on    legislative branch.
 employees.                                                      officers and employees
                                                                 of the United States,
                                                                 or of any department
                                                                 or agency thereof, for
                                                                 a variety of
                                                                 transgressions,
                                                                 including lobbying
                                                                 with appropriate
                                                                 moneys, unauthorized
                                                                 employment and
                                                                 disposition of lapsed
                                                                 appropriations,
                                                                 interference with
                                                                 civil service
                                                                 examinations, and
                                                                 disloyalty and
                                                                 asserting the right to
                                                                 strike against the
                                                                 government.

[[Page S77]]

 
Provisions relating to discrimination  29 U.S.C. 701 to 797(b)  The Rehabilitation Act   The Rehabilitation Act
 on the basis of disability.           Regulations are           of 0000 requires         and applicable
                                        promulgated by each      affirmative action in    regulations apply to
                                        individual agency        federal employment,      the Government
                                        subject to these         requires federal         Printing Office and
                                        provisions.              buildings to be          the Library of
                                                                 accessible, and bars     Congress. Section 201
                                                                 discrimination on the    of the CAA requires
                                                                 basis of disability by   that ``[a]ll personnel
                                                                 federal agencies.        actions affecting
                                                                                          covered employees
                                                                                          shall be made free
                                                                                          from any
                                                                                          discrimination based
                                                                                          on-- . . . (3)
                                                                                          disability, within the
                                                                                          meaning of section 501
                                                                                          of the Rehabilitation
                                                                                          Act of 1973. . .'' The
                                                                                          CAA also provides that
                                                                                          the remedy for a
                                                                                          violation would be
                                                                                          ``(A) such remedy as
                                                                                          would be appropriate
                                                                                          if awarded under
                                                                                          section 505(a)(1) of
                                                                                          the Rehabilitation Act
                                                                                          of 1973. . .; and (B)
                                                                                          such compensatory
                                                                                          damages as would be
                                                                                          appropriate if awarded
                                                                                          under sections
                                                                                          1977A(a)(2),
                                                                                          1977A(a)(3),
                                                                                          1977A(b)(2), and,
                                                                                          irrespective of the
                                                                                          size of the employing
                                                                                          office, 1977A(b)(3)(D)
                                                                                          of the Revised
                                                                                          Statutes. . .''. The
                                                                                          Board has not adopted
                                                                                          substantive
                                                                                          regulations on
                                                                                          employment-related
                                                                                          disability
                                                                                          discrimination.
Government Accounting Office           31 U.S.C. 731 to 736,    Provisions authorize     Provisions and
 Personnel Act.                         751 to 755.              the Comptroller          regulations apply to
                                       4 C.F.R. parts 2 et       General to establish a   the General Accounting
                                        seq. (Regulations of     personnel system for     Office.
                                        the Comptroller          GAO, and create the
                                        General and of the GAO   Personnel Appeals
                                        Personnel Appeals        Board System for GAO
                                        Board).                  employees. These
                                                                 provisions require
                                                                 that the personnel
                                                                 system for GAO include
                                                                 rights and protections
                                                                 based on various
                                                                 provisions of
                                                                 employment and civil
                                                                 service law.
Provisions relating to terms and       39 U.S.C. 1001 to 1011,  Provisions establish     Provisions do not apply
 conditions of employment for postal    1201 to 1209.            framework for            in the legislative
 employees.                            39 C.F.R. parts 211,      determining salaries,    branch.
                                        255, 265, 760, 761,      benefits, and leave
                                        946 (Regulations of      for employees of the
                                        the Postal Service).     Postal Service.
Provision relating to substance abuse  42 U.S.C. 290dd........  Provision generally      Provisions apply in at
 among government and other employees.                           prohibits, with some     least parts of the
                                                                 exceptions, the denial   legislative branch.
                                                                 of federal civilian      (See Judd v.
                                                                 employment or a          Billington, 863 F.2d
                                                                 federal professional     103 (1988) (provision
                                                                 license or right         applies to employee of
                                                                 solely on the grounds    the Library of
                                                                 of prior substance       Congress).)
                                                                 abuse.
Provisions relating to enforcement of  42 U.S.C. 659 to 662...  Provisions allow for     Provisions apply in the
 child support and alimony orders.     Regulations are           the garnishment of       legislative branch.
                                        promulgated by each      wages of employees of
                                        individual agency        the United States
                                        subject to these         government for payment
                                        provisions.              of child support and
                                                                 alimony.
Provisions relating to design and      42 U.S.C. 4151 to 4157.  Provisions require that  Provisions of the law
 construction of public buildings to   41 C.F.R. parts 101 to    United States public     appear to apply on
 accommodate physically handicapped     119 generally            buildings and            their face in the
 persons.                               (Regulations of the      facilities be            legislative branch.
                                        General Services         constructed to insure    However, there is no
                                        Administration)          wherever possible that   enforceable right or
                                                                 physically handicapped   remedy in the
                                                                 persons will have        legislative branch.
                                                                 access and use of the    The standards
                                                                 building or facility.    enunciated by GSA in
                                                                                          their regulations are,
                                                                                          however, the same
                                                                                          standards as those
                                                                                          applied under title II
                                                                                          of the ADA, which does
                                                                                          apply in the
                                                                                          legislative branch by
                                                                                          virtue of section 210
                                                                                          of the CAA.
----------------------------------------------------------------------------------------------------------------


   TABLE C--PRIVATE-SECTOR AND STATE AND LOCAL GOVERNMENT PROVISIONS OF LAW FOR WHICH CORRESPONDING RIGHTS AND
                    PROTECTIONS UNDER OTHER FEDERAL-SECTOR LAWS COVER THE LEGISLATIVE BRANCH
----------------------------------------------------------------------------------------------------------------
                                                                 Provisions that relate
                                                                    to the terms and        Whether or to what
                                         U.S. Code provisions        conditions of        degree the provisions
            Name or topic                 and corresponding        employment, or to        are applicable or
                                       Federal regulations, if      access to public       inapplicable to the
                                                 any                  services or           legislative branch
                                                                     accommodations
----------------------------------------------------------------------------------------------------------------
Government Employees Rights Act of     2 U.S.C. 1201-1220.....  As amended by the CAA,   GERA does not apply to
 1991 (GERA).                                                    GERA protects the        the legislative branch
                                                                 rights of certain        (except with respect
                                                                 elected officials of     to claims that arose
                                                                 State and local          before the effective
                                                                 government and their     date of the CAA).
                                                                 confidential             However, corresponding
                                                                 assistants with          rights and protections
                                                                 respect to their         of Title VII of the
                                                                 public employment, to    Civil Rights Act of
                                                                 be free from             1964, the Age
                                                                 discrimination on the    Discrimination in
                                                                 basis of race, color,    Employment Act, the
                                                                 religion, sex,           Americans with
                                                                 national origin, age,    Disabilities Act, and
                                                                 and disability.          the Rehabilitation Act
                                                                                          were made applicable
                                                                                          in the legislative
                                                                                          branch by the CAA.
Immigration Reform and Control Act     8 U.S.C. 1324a.........  Provision of IRCA makes  Provision of IRCA does
 (IRCA) provisions.                    8 C.F.R. part 274a        it illegal for           not apply in the
                                        (regulations of the      employers to hire        legislative branch.
                                        Immigration and          unauthorized aliens      However, the
                                        Naturalization           and requires employers   legislative branch
                                        Service).                to verify employment     has, in the context of
                                                                 authorization.           appropriations bills,
                                                                                          imposed citizenship
                                                                                          restrictions (and,
                                                                                          therefore some form of
                                                                                          employment
                                                                                          verification) on
                                                                                          federal government
                                                                                          hiring. (See, e.g.
                                                                                          P.L. 104-52, title VI,
                                                                                          606, 109 Stat. 497
                                                                                          (Nov. 19, 1995)).
National Labor Relations Act (NLRA)..  29 U.S.C. 141 to 187...  Encourages the practice  The NLRA does not apply
                                       29 C.F.R. parts 100 to    of collective            in the legislative
                                        103, 1401 to 1430        bargaining and           branch. However, the
                                        (Regulations of the      protects the exercise    corresponding rights
                                        National Labor           by workers of full       and protections of 5
                                        Relations Board).        freedom of               U.S.C. chapter 71 were
                                                                 association, self-       made applicable in the
                                                                 organization, and        legislative branch by
                                                                 designation of           the CAA.
                                                                 representatives of
                                                                 their own choosing for
                                                                 the purpose of
                                                                 negotiating the terms
                                                                 and conditions of
                                                                 their employment or
                                                                 other mutual aid or
                                                                 protection.
Employment Retirement Income Security  29 U.S.C. 1001 to 1461.  ERISA governs the        ERISA does not apply in
 Act (ERISA).                          29 C.F.R. chapter 25      funding, vesting, and    the legislative
                                        (Regulations of the      administration of        branch. However, the
                                        Pension and Welfare      pension plans with the   legislative branch is
                                        Benefits                 goal of protecting       covered by the
                                        Administration, Dept.    interstate commerce,     corresponding rights
                                        of Labor).               the Federal taxing       and protections of
                                                                 power, and the           civil service
                                                                 interests of             provisions through the
                                                                 participants and         Federal Employee
                                                                 beneficiaries of         Retirement System (5
                                                                 private pension plans.   U.S.C. 8301 to 8479).
COBRA provisions.....................  29 U.S.C. 1161 to 1169.  Provisions require most  COBRA does not apply to
                                                                 employer-sponsored       government insurance
                                                                 group health plans to    plans. However,
                                                                 offer employees the      continuation coverage
                                                                 ability to continue      similar to that under
                                                                 receiving health         COBRA was enacted for
                                                                 benefits in certain      federal employees in
                                                                 situations, for          the Federal Employees
                                                                 certain period of        Health Benefits
                                                                 time, and for certain    Amendments Act of
                                                                 premiums.                1988, codified at 5
                                                                                          U.S.C. 8905a. The
                                                                                          Federal Employees
                                                                                          Health Benefits
                                                                                          Program, which
                                                                                          includes the
                                                                                          continuation coverage
                                                                                          provided by the 1988
                                                                                          Act, is available to
                                                                                          all federal employees,
                                                                                          including legislative
                                                                                          branch employees.
----------------------------------------------------------------------------------------------------------------


[[Page S78]]


 TABLE D--PRIVATE-SECTOR AND STATE AND LOCAL GOVERNMENT LAWS THAT DO NOT APPLY OR CREATE NO ENFORCEABLE RIGHT IN
                                             THE LEGISLATIVE BRANCH
----------------------------------------------------------------------------------------------------------------
                                                                 Provisions that relate
                                                                    to the terms and        Whether or to what
                                         U.S. Code provisions        conditions of        degree the provisions
            Name or topic                 and corresponding        employment, or to        are applicable or
                                       Federal regulations, if      access to public       inapplicable to the
                                                 any                  services or           legislative branch
                                                                     accommodations
----------------------------------------------------------------------------------------------------------------
Immigration Reform and Control Act     8 U.S.C. 1324b.........  Provision of IRCA        IRCA does not, by its
 (IRCA).                               28 C.F.R. part 44         prohibits employers      terms, appear to apply
                                        (regulations of the      from discriminating      to the legislative
                                        Department of Justice)   based on national        branch. However, the
                                                                 origin or citizenship    national origin
                                                                 status.                  discrimination
                                                                                          provisions do not
                                                                                          apply to any employer
                                                                                          that is covered by
                                                                                          Title VII of the Civil
                                                                                          Rights Act of 1964,
                                                                                          and consequently,
                                                                                          would not apply in the
                                                                                          legislative branch.
                                                                                          Further, with respect
                                                                                          to the citizenship
                                                                                          provisions, IRCA gives
                                                                                          an ``override'' power
                                                                                          to federal government
                                                                                          agencies and employers
                                                                                          by allowing them to
                                                                                          exempt themselves from
                                                                                          application of these
                                                                                          provisions by
                                                                                          regulation.
Prohibition of discrimination on the   11 U.S.C. 525..........  Provision prohibits      Although ``governmental
 basis of bankruptcy.                                            discrimination in        unit'' includes the
                                                                 employment by any        United States and a
                                                                 ``governmental unit''    department, agency or
                                                                 against any person who   instrumentality of the
                                                                 is or has been           United States, as well
                                                                 bankrupt or a debtor     as state and local
                                                                 under this Act.          governments, it is not
                                                                 Provision also applies   clear that the
                                                                 in the private sector.   provision applies in
                                                                                          the legislative
                                                                                          branch.
Restriction on discharge from          15 U.S.C. 1674(a)......  Provision prohibits the  Provision applies in
 employment by reason of garnishment.                            discharge of an          the private sector,
                                                                 employee by reason of    where the Secretary of
                                                                 the fact that his        Labor has jurisdiction
                                                                 earnings have been       to enforce the law.
                                                                 subjected to             However, the circuits
                                                                 garnishment. Imposes a   are split as to
                                                                 fine of up to $1000 or   whether this section
                                                                 imprisonment for         allows for a private
                                                                 willful violations..     civil suit against an
                                                                                          employer. As for
                                                                                          government employers,
                                                                                          it appears that,
                                                                                          because there is no
                                                                                          waiver of sovereign
                                                                                          immunity, this
                                                                                          provision creates no
                                                                                          enforceable right in
                                                                                          the legislative
                                                                                          branch.
Protection of Juror's Employment Act.  28 U.S.C. 1875.........  Law prohibits an         Provision does not
                                                                 employer from            appear to apply in the
                                                                 discharging,             legislative branch.
                                                                 threatening to
                                                                 discharge,
                                                                 intimidating, or
                                                                 coercing any permanent
                                                                 employee because of
                                                                 the employee's jury
                                                                 service, or attendance
                                                                 in connection with
                                                                 such service, in any
                                                                 court of the United
                                                                 States. The provision
                                                                 allows an individual
                                                                 claiming
                                                                 discrimination under
                                                                 this law to sue in
                                                                 district court.
                                                                 Remedies may include
                                                                 reinstatement, damages
                                                                 for lost wages or
                                                                 other benefits, and a
                                                                 civil penalty of up to
                                                                 $1000.
Title II of the Civil Rights Act of    42 U.S.C. 2000a to       Title II prohibits       Title II does not apply
 1964 (Title II).                       2000a-6.                 discrimination on the    in the legislative
                                                                 basis of race, color,    branch.
                                                                 religion, or national
                                                                 origin, in the
                                                                 provision of public
                                                                 accommodations.
Title III of the Civil Rights Act of   42 U.S.C. 2000b to       Title III prohibits      Title III does not
 1964 (Title II).                       2000b-3.                 discrimination on the    apply in the
                                                                 basis of race, color,    legislative branch.
                                                                 religion, or national
                                                                 origin, in the
                                                                 provision of public
                                                                 services and
                                                                 facilities..
Environmental Protection Statutes:     42 U.S.C. 300j-9(i); 33  These statutory          None of these statutes
 Safe Drinking Water Act, Water         U.S.C. 1367; 15 U.S.C.   employee protection      appears to apply to
 Pollution Control Act, Toxic           2622; 42 U.S.C. 6971;    provisions provide       employing offices in
 Substances Control Act, Solid Waste    42 U.S.C. 7622; 42       that no employer         the legislative
 Disposal Act, Clean Air Act, and       U.S.C. 5851.             subject to the           branch.
 Energy Reorganization Act of 1974.    29 C.F.R. 24.2            provisions of the
                                        (Enforcement             Federal statute of
                                        Procedures of the        which these protective
                                        Secretary of Labor).     provisions are a part
                                                                 may discharge or
                                                                 otherwise discriminate
                                                                 against the employee
                                                                 with respect to
                                                                 compensation, terms,
                                                                 conditions, or
                                                                 privileges of
                                                                 employment because the
                                                                 employee, or any
                                                                 person acting on his
                                                                 behalf pursuant to the
                                                                 employee's request,
                                                                 commenced, or caused
                                                                 to be commenced
                                                                 proceedings under the
                                                                 statutes, testified or
                                                                 is about to testify in
                                                                 any such proceedings,
                                                                 or assisted or
                                                                 participated, or is
                                                                 about to assist or
                                                                 participate in any
                                                                 manner in proceedings
                                                                 under those statutes.
Comprehensive, Environmental           42 U.S.C. 9610.........  Provides that no person  42 U.S.C. 9620 applies
 Response, Compensation, and           29 C.F.R. 24.2            shall fire or in any     CERCLA to each
 Liability Act. (CERCLA).               (Enforcement             other way discriminate   department, agency,
                                        procedures of the        against, or cause to     and instrumentality of
                                        Secretary of Labor).     be fired or              the United States
                                                                 discriminated against,   (including the
                                                                 any employee or any      executive,
                                                                 authorized               legislative, and
                                                                 representative of        judicial branches of
                                                                 employees by reason of   government) to the
                                                                 the fact that such       same extent, both
                                                                 employee or              procedurally and
                                                                 representative has       substantively, as any
                                                                 provided information     nongovernmental
                                                                 to a State or to the     entity. It is unclear
                                                                 Federal Government,      whether and to what
                                                                 filed, instituted, or    extent there are
                                                                 caused to be filed or    facilities and
                                                                 instituted any           operations of entities
                                                                 proceedings under        within the legislative
                                                                 CERCLA, or has           branch that would come
                                                                 testified or is about    within the coverage of
                                                                 to testify in any        section 9620 and,
                                                                 administration or        therefore, within the
                                                                 enforcement              coverage of section
                                                                 proceedings under        9610. Moreover, given
                                                                 CERCLA.                  that the exclusive
                                                                                          means of enforcement
                                                                                          of section 9610 is
                                                                                          through the Secretary
                                                                                          of Labor, an executive
                                                                                          agency, such employee
                                                                                          protection provisions
                                                                                          would not likely apply
                                                                                          to legislative branch
                                                                                          entities.
----------------------------------------------------------------------------------------------------------------

         Index of Statutory and Regulatory Provisions Reviewed


             title 1 united states code--general provisions

       No provisions were found in title 1 that relate to the 
     terms and conditions of employment.


                title 2 united states code--the congress

       1. 2 U.S.C. 31 to end (except sections 1201-1220, 1301-
     1438, discussed below. Table B.
       2. 2 U.S.C. 1201 to 1220--the Government Employees Rights 
     Act of 1991. Table C.
       3. 2 U.S.C. 1301 to 1438--the Congressional Accountability 
     Act of 1995. 142 Cong. Rec. S3896 to S3952 generally--
     Regulations issued by the Board of Directors and the 
     Executive Director of the Office of Compliance. Table B.


               title 3 united states code--the president

       4. 3 U.S.C. 101 to 209--the President. Table B.
       5. P.L. 104-331--The Presidential and Executive Office 
     Accountability Act. Table B.


 title 4 united states code--flag and seal, seat of government and the 
                                 states

       No provisions were found in title 4 that relate to the 
     terms and conditions of employment.


   title 5 united states code--government organization and employees

       6. 5 U.S.C.--Privacy Act. Regulations pursuant to the 
     Privacy Act are promulgated by each individual agency subject 
     to the Act. Table B.
       7. 5 U.S.C. 1201 to 1222--Provisions establishing the Merit 
     Systems Protection Board and Office of Special Counsel. 5 
     C.F.R. parts 12000 to 1209--Regulations of the Merit Systems 
     Protection Board. 5 C.F.R. parts 1800 to 1850--Regulations of 
     the Office of Special Counsel. Table B.
       8. 5 U.S.C. 1501 et seq.--Provisions applying Hatch Act 
     type restrictions to state and local employees in certain 
     circumstances relates to grants to states. Not included in 
     report.
       9. 5 U.S.C. 2301 to 2305--Provisions establishing Merit 
     Systems Principles. 5 C.F.R. parts 300 & 720--Regulations of 
     the Office of Personnel Management. Table B.
       10. 5 U.S.C. 3102--Authority to hire personal assistants 
     for handicapped employees. Regulations are promulgated by 
     each individual agency subject to these provisions. Table B.
       11. 5 U.S.C. 3110--Restriction on employment of relatives. 
     5 C.F.R. part 310--Regulations of the Office of Personnel 
     Management. Table B.
       12. 5 U.S.C. 3112--Provision relating to appointment of 
     disabled veterans. 5 C.F.R. 720.301 et seq.--Regulations of 
     the Office of Personnel Management. Table B.
       13. 5 U.S.C. 3131 to 3136, 3391 to 3397, 3591 to 3596, 4311 
     to 4315, 4507--Senior Executive Service. 5 C.F.R. parts 214, 
     293, 317,352, 359, 412, 430--Regulations of the Office of 
     Personnel Management. Table B.
       14. 5 U.S.C. chapter 33 general--Competitive Service. 5 
     C.F.R. generally--Regulations of the Office of Personnel 
     Management. Table B.
       15. 5 U.S.C. 3301--Civil Service. 5 C.F.R. parts 771 & 
     930--Regulations of the Office of Personnel Management. Table 
     B.
       16. 5 U.S.C. 3303--Political Recommendations. Table B.
       17. 5 U.S.C. 3304(c)--Ramspeck Act provisions. 5 C.F.R. 
     parts 315 to 316--Regulations of the Office of Personnel 
     Management. Table B.
       18. 5 U.S.C. 3328--Selective Service Registration. 5 C.F.R. 
     part 300--Regulations of the Office of Personnel Management. 
     Table B.
       19. 5 U.S.C. 3401 to 3408--Part-Time Career Employment 
     Opportunities. 5 C.F.R. part 340--Regulations of the Office 
     of Personnel Management. Table B.
       20. 5 U.S.C. 3501 to 3504--Retention preference. 5 C.F.R. 
     parts 351 & 432--Regulations

[[Page S79]]

     of the Office of Personnel Management. Table B.
       21. 5 U.S.C. 3581 to 3584--Reemployment after service with 
     an international organization. 5 C.F.R. 352.301 et seq.--
     Regulations of the Office of Personnel Management. Table B.
       22. 5 U.S.C. 4101 to 4119--Training. 5 C.F.R. part 410--
     Regulations of the Office of Personnel Management. Table B.
       23. 5 U.S.C. 4301 to 4305--Performance Appraisals. 5 C.F.R. 
     parts 430 & 432--Regulations of the Office of Personnel 
     Management. Table B.
       24. 5 U.S.C. 4501 to 4509--Incentive awards for superior 
     accomplishments. 5 C.F.R. part 451--Regulations of the Office 
     of Personnel Management. Table B.
       25. 5 U.S.C. 4511 to 4513--Awards for cost saving 
     disclosures. Table B.
       26. 5 U.S.C. 4521 to 4523--Awards to law enforcement 
     officers for foreign language capabilities. Table B.
       27. 5 U.S.C. 5101 to 5392--Pay Systems. 5 C.F.R. 
     generally--Regulations of the Office of Personnel Management. 
     Table B.
       28. 5 U.S.C. 5511 to 5520a--Withholding Pay. Regulations 
     are promulgated by each individual agency subject to these 
     provisions. Table B.
       29. 5 U.S.C. 5531 to 5537--Dual Pay and Dual Employment. 5 
     C.F.R. parts 550 & 553--Regulations of the Office of 
     Personnel Management. Table B.
       30. 5 U.S.C. 5541 to 5550--Premium Pay. 5 C.F.R. parts 550 
     and 551--Regulations of the Office of Personnel Management. 
     Table B.
       31. 5 U.S.C. 5551 to 5553--Payment for accrued and 
     accumulated annual leave. Table B.
       32. 5 U.S.C. 5561 to 5570--Payments to missing employees. 
     32 C.F.R. part 718--Regulations of the Department of the 
     Army, DOD. 22 C.F.R. part 19--Regulations of the Secretary of 
     State. Table B.
       33. 5 U.S.C. 5581 to 5584--Settlement of Accounts. 4 C.F.R. 
     parts 33, 91, 92--Regulations of the General Accounting 
     Office. Table B.
       34. 5 U.S.C. 5595 to 5597--Severance pay and Back pay. 5 
     C.F.R. 550.701 et seq., 550.801 et seq.--Regulations of the 
     Office of Personnel Management. Table B.
       35. 5 U.S.C. 5701 to 5709--Travel and subsistence expenses; 
     Mileage allowances. 41 C.F.R. parts 301 to 304--Federal 
     Travel Regulations. Table B.
       36. 5 U.S.C. 5721 to 5735--Travel and transportation 
     expenses for new appointees, student trainees, and 
     transferred employees. 5 C.F.R. part 572--Regulations of the 
     Office of Personnel Management. Table B.
       37. 5 U.S.C. 6101--Basic 40-hour workweek; work schedules. 
     5 C.F.R. part 610--Regulations of the Office of Personnel 
     Management. Table B.
       38. 5 U.S.C. 6103 and 6104--Holidays. 5 C.F.R. 610.301 et 
     seq.--Regulations of the Office of Personnel Management. 
     Table B.
       39. 5 U.S.C. 6120 to 6133--Flexible and Compressed Work 
     Schedules. 5 C.F.R. 610.401 et seq.--Regulations of the 
     Office of Personnel Management. 5 C.F.R. 2472.6--Regulations 
     of the Federal Labor Relations Authority. Table B.
       40. 5 U.S.C. 6301 to 6312--Annual and Sick Leave. 5 C.F.R. 
     part 630--Regulations of the Office of Personnel Management. 
     Table B.
       41. 5 U.S.C. 6322--Leave for jury or witness service. Table 
     B.
       42. 5 U.S.C. 6323--Military Leave; Reserves and National 
     Guardsmen. Table B.
       43. 5 U.S.C. 6325--Absence resulting from hostile action 
     abroad. Table B.
       44. 5 U.S.C. 6326--Absence for funerals of immediate 
     relatives in the Armed Forces. 5 C.F.R. part 630--Regulations 
     of the Office of Personnel Management. Table B.
       45. 5 U.S.C. 6327--Absence in connection with serving as a 
     bone-marrow or organ donor. Table B.
       46. 5 U.S.C. 6331 to 6340--Voluntary Transfers of Leave. 5 
     C.F.R. parts 630--Regulations of the Office of Personnel 
     Management. Table B.
       47. 5 U.S.C. 6361 to 6363--Voluntary Leave Bank Program. 5 
     C.F.R. part 630--Regulations of the Office of Personnel 
     Management. Table B.
       48. 5 U.S.C. 6381 to 6387--Family and Medical Leave. 5 
     C.F.R. part 630--Regulations of the Office of Personnel 
     Management. Table B.
       49. 5 U.S.C. 7101 to 7135--Federal Service Labor-Management 
     Relations Provisions. 5 C.F.R. chapter 24--Regulations of the 
     Federal Labor Relations Authority. 142 Cong. Rec. H10369 to 
     H10384, S10405 to S10420--Regulations of the Office of 
     Compliance. Table B.
       50. 5 U.S.C. 7201 to 7204--Provisions relating to Anti-
     Discrimination in Employment. 5 C.F.R. 720.101 et seq.--
     Regulations of the Office of Personnel Management. Table B.
       51. 5 U.S.C. 7211--Employees' right to petition Congress. 
     Table B.
       52. 5 U.S.C. 7311 to 7313--Employment Limitations. 5 C.F.R. 
     part 732--Regulations of the Office of Personnel Management. 
     Table B.
       53. 5 U.S.C. 7321 to 7326--Political Participation. 5 
     C.F.R. parts 733 & 734--Regulations of the Office of 
     Personnel Management. Table B.
       54. 5 U.S.C. 7342--Foreign Gifts and Decorations. 
     Regulations are promulgated by each individual agency subject 
     to this provision. Table B.
       55. 5 U.S.C. 7351 to 7353--Misconduct. 5 C.F.R. part 2635--
     Regulations of the Office of Government Ethics. Table B.
       56. 5 U.S.C. 7501 to 7543--Adverse Actions. 5 C.F.R. parts 
     752, 930, 990--Regulations of the Office of Personnel 
     Management. Table B.
       57. 5 U.S.C. 7902--Safety Programs. Table B.
       58. 5 U.S.C. 7904--Employee Assistance Programs relating to 
     drug and alcohol abuse. Table B.
       59. 5 U.S.C. 8101 to 8193--Compensation for Work Injuries. 
     20 C.F.R. parts 1, 10, 25--Regulations of the Office of 
     Worker's Compensation Programs, Department of Labor. 5 C.F.R. 
     part 353--Regulations of the Office of Personnel Management. 
     Table B.
       60. 5 U.S.C. 8301 to 8479--Civil Service Retirement and 
     Federal Employees Retirement System.
       5 C.F.R. parts 831, 841 to 846--Regulations of the Office 
     of Personnel Management.
       5 C.F.R. chapter 16--Regulations of the Federal Retirement 
     Thrift Supervision Board. Table B.
       61. 5 U.S.C. 8501 to 8525--Unemployment Compensation.
       20 C.F.R. parts 609 & 614--Regulations of the Employment 
     and Training Administration, Department of Labor. Table B.
       62. 5 U.S.C. 8701 to 8716--Life insurance.
       5 C.F.R. parts 870 to 874--Regulations of the Office of 
     Personnel Management. Table B.
       63. 5 U.S.C. 8901 to 8914--Health Insurance.
       5 C.F.R. parts 890 & 891--Regulations of the Office of 
     Personnel Management.


                   title 6 united states code--bonds

       Title 6 of the United States Code has been repealed.


                title 7 united states code--agriculture

       No provisions were found in title 7 that related to the 
     terms and conditions of employment.


           title 8 united states code--aliens and Nationality

       64. 8 U.S.C. 1324a--Provisions of the Immigration Reform 
     and Control Act, regarding unlawful employment of aliens.
       8 C.F.R. part 274a--Regulations of the Immigration and 
     Naturalization Service, Department of Justice. Table C.
       65. 8 U.S.C. 1324b--Provisions of the Immigration Reform 
     and Control Act, regarding unfair employment-related 
     practices.
       28 C.F.R. part 44--Regulations of the Department of 
     Justice. Table D.


                title 9 united states code--arbitration

       No provisions were found in title 9 that related to the 
     terms and conditions of employment


               title 10 united states code--armed forces

       No provisions were found in title 10 that related to terms 
     and conditions of employment, other than those provisions 
     involving terms and conditions of employment of members of 
     the armed forces specifically.


                title 11 united states code--bankruptcy

       66. 11 U.S.C. 525--Protection against discriminatory 
     treatment on basis of bankruptcy. Table D.


             title 12 united states code--banks and banking

       No provisions were found in title 12 that related to the 
     terms and conditions of employment.


                  title 13 united states code--census

       No provisions were found in title 13 that related to the 
     terms and conditions of employment, other than those 
     provisions involving compensation and dual and temporary 
     employment of employees of the census bureau.


                title 14 united states code--coast guard

       No provisions were found in title 14 that relate to terms 
     and conditions of employment, other than those provisions 
     involving terms and conditions of employment of members of 
     the coast guard specifically.


            title 15 united states code--commerce and trade

       67. 15 U.S.C. 1673--Restrictions on Garnishment.
       5 C.F.R. parts 581 and 582 generally--Regulations of the 
     Office of Personnel Management. Table A.
       68. 15 U.S.C. 1674a--Restriction on discharge from 
     employment by reason of garnishment. Table D.
       69. 15 U.S.C. 2622--Toxic Substances Control Act (Employee 
     protection provisions). Table D.


               title 16 united states code--conservation

       No provisions were found in title 16 that related to the 
     terms and conditions of employment, other than the 
     establishment of a variety of commissions and boards.


                title 17 united states code--copyrights

       No provisions were found in title 17 that relate to the 
     terms and conditions of employment.


               title 18 united states code--criminal code

       70. 18 U.S.C. 203, 205, 207 to 209--Provisions relating to 
     criminal penalties for government employees. Regulations are 
     promulgated by each individual agency subject to these 
     provisions. Table B.
       71. 18 U.S.C. 431 to 443--Provisions relating to illegal 
     government employee contracts. Table B.
       72. 18 U.S.C. 600--Provision relating to promise of 
     employment for political activity. Table A.
       73. 17 U.S.C. 601--Provision relating to deprivation of 
     employment for political contribution. Table A.
       74. 18 U.S.C. 643--Provision relating to accounting 
     generally for public money. Table B.
       75. 18 U.S.C. 1581 and 1584--Provisions relating to peonage 
     and involuntary servitude. Table A.
       76. 18 U.S.C. 1913, 1915 to 1918--Criminal penalties for 
     certain violations by officers or employees of the United 
     States. Table B.


            title 19 united states code--customs and duties

       No provisions were found in title 19 that relate to the 
     terms and conditions of employment, other than provisions 
     involving

[[Page S80]]

     terms and condition of employment for customs officers 
     specifically.


                 title 20 united states code--education

       No provisions were found in title 20 that relate to terms 
     and conditions of employment, other than those provisions 
     involving terms and conditions of employment of certain 
     teachers specifically.


              title 21 united states code--food and drugs

       No provisions were found in title 21 that relate to the 
     terms and conditions of employment.


     Title 22 United States Code--Foreign Relations and Intercourse

       No provisions were found in title 22 that relate to the 
     terms and conditions of employment, other than provisions 
     establishing agencies such as the IMF, the Foreign Service, 
     the Peace Corps, and USIA.


                 Title 23 United States Code--Highways

       No provisions were found in title 23 that relate to the 
     terms and conditions of employment.


           Title 24 United States Code--Hospitals and Asylums

       No provisions were found in title 24 that relate to the 
     terms and conditions of employment.


                  Title 25 United States Code--Indians

       No provisions were found in title 25 that relate to terms 
     and conditions of employment, other than those that involve 
     the hiring of Indians within the Indian Office specifically.


           Title 26 United States Code--Internal Revenue Code

       No provisions were found in title 26 that relate to terms 
     and conditions of employment.


           Title 27 United States Code--Intoxicating Liquors

       No provisions were found in title 27 that relate to the 
     terms and conditions of employment.


                 Title 28 United States Code--Judiciary

       77. 28 U.S.C. 1875--Protection of Juror's Employment Act. 
     Table D.


                   Title 29 United States Code--Labor

       78. 29 U.S.C. 141 to 187--National Labor Relations Act. 29 
     C.F.R. parts 100 to 103 and 1401 to 1430--Regulations of the 
     National Labor Relations Board. Table C.
       79. 29 U.S.C. 201 to 219--Fair Labor Standards Act. 29 
     C.F.R. parts 510 to 580--Regulations of the Secretary of 
     Labor. 142 Cong. Rec. S3924 to S3949--Regulations of the 
     Office of Compliance. Table A.
       80. 29 U.S.C. 251 to 262--the Portal to Portal Act. 29 
     C.F.R. part 775--Regulations of the Secretary of Labor. 142 
     Cong. Rec. S3924 to S3949--Regulations of the Office of 
     Compliance. Table A.
       81. 29 U.S.C. 621 to 633a--Age Discrimination in Employment 
     Act of 1967. 29 C.F.R. parts 1625 to 1627--Interpretations of 
     the Equal Employment Opportunity Commission. Table A.
       82. 29 U.S.C. 651 to 677--Occupational Safety and Health 
     Act. 29 C.F.R. parts 1900 to 1926--Regulations of the 
     Secretary of Labor. 142 Cong. Rec. H10711 to H10719, S11019 
     to S11027--Proposed regulations of the Office of Compliance. 
     Table A.
       83. 29 U.S.C. 701 to 797(b)--The Rehabilitation Act of 
     1973. Regulations are promulgated by each individual agency 
     subject to these provisions. Table B.
       84. 29 U.S.C.A. 1001 to 1461--Employee Retirement Income 
     Security Act (ERISA). 29 C.F.R. chapter 25--Regulations of 
     the Pension and Welfare Benefits Administration, Department 
     of Labor. Table C.
       85. 19 U.S.C. 1161 to 1169--COBRA provisions. Table C.
       86. 29 U.S.C. 2001 to 2009--Employee Polygraph Protection 
     Act. 29 C.F.R. part 801--Regulations of the Secretary of 
     Labor. 142 Cong. Rec. S3917 to S3924--Regulations of the 
     Office of Compliance. Table A.
       87. 29 U.S.C. 2101 to 2109--Worker Adjustment Retraining 
     and Notification Act. 20 C.F.R. part 639--Regulations of the 
     Employment and Training Administration, Department of Labor. 
     142 Cong. Rec. S3949 to S3952--Regulations of the Office of 
     Compliance. Table A.
       88. 29 U.S.C. 2601 to 2654--Family and Medical Leave Act. 
     29 C.F.R. part 825--Regulations of the Secretary of Labor. 
     142 Cong. Rec. S3896 to S3917--Regulations of the Office of 
     Compliance. Table A.


         Title 30 United States Code--Mineral Lands and Mining

       No provisions were found in title 30 that relate to terms 
     and conditions of employment other than those that involve 
     terms and conditions of employment for individuals in the 
     mining industry specifically.


             Title 31 United States Code--Money and Finance

       89. 31 U.S.C. 731 to 736, 751 to 755--Government Accounting 
     Office Personnel Act. 4 C.F.R. parts 2 et seq.--Regulations 
     of the Comptroller General and of the GAO Personnel Appeals 
     Board. Table B.


              Title 32 United States Code--National Guard

       No provisions were found in title 32 that relate to terms 
     and conditions of employment other than those that involve 
     terms and conditions of employment for members of the 
     National Guard specifically.


      Title 33 United States Code--Navigation and Navigable Waters

       90. 33 U.S.C. 1367--Water Pollution Control Act (Employee 
     protection provisions). Table D.


                   Title 34 United States Code--Navy

       Incorporated into title 10 of the United States Code.


                  Title 35 United States Code--Patents

       No provisions were found in title 35 that relate to terms 
     and conditions of employment.


    Title 36 United States Code--Patriotic Societies and observances

       No provisions were found in title 36 that relate to terms 
     and conditions of employment.


   Title 37 United States Code--Pay and Allowances of the Uniformed 
                                Services

       No provisions were found in title 37 that relate to terms 
     and conditions of employment other than those that involve 
     terms and conditions of employment for members of the 
     uniformed services.


            Title 38 United States Code--Veteran's Benefits

       91. 38 U.S.C. 4301 to 4333--Uniformed Services Employment 
     and Reemployment Rights. 5 C.F.R. part 353 for executive 
     branch--Regulations of the Office of Personnel Management. 
     Table A.


              Title 39 United States Code--Postal Service

       92. 39 U.S.C. 1001 to 1011, 1201 to 1209--Terms and 
     conditions of employment for postal employees. 39 C.F.R. 
     parts 211, 255, 265, 760, 761, 946--Regulations of the Postal 
     Service. Table B.


   title 40 united states code--public buildings, property, and works

       No provisions were found in title 40 that relate to terms 
     and conditions of employment other than those that involve 
     contractor laws and the establishment of Boards and 
     Commissions.


             title 41 united states code--public contracts

       No provisions were found in title 41 that relate to terms 
     and conditions of employment other than those that involve 
     contractor laws.


         title 42 united states code--public health and welfare

       93. 42 U.S.C. 290dd--Provision relating to substance abuse 
     among government and other employees. Table B.
       94. 42 U.S.C. 300j-9(i)--Safe Drinking Water Act (employee 
     protection provisions). Table D.
       95. 42 U.S.C. 401 to 433--Provisions relating to Social 
     Security Insurance. 20 C.F.R. parts 404, 410, 416--
     Regulations of the Social Security Administration. 42 C.F.R. 
     parts 405, 406, 424--Regulations of the Health Care Financing 
     Administration, Health and Human Services. Table A.
       96. 42 U.S.C. 659 to 662--Provisions relating to 
     enforcement of child support and alimony orders. Regulations 
     are promulgated by each individual agency subject to these 
     provisions. Table B.
       97. 42 U.S.C. 2000a to 2000a-6--Title II of the Civil 
     Rights Act of 1964. Table D.
       98. 42 U.S.C. 2000b to 2000b-3--Title III of the Civil 
     rights Act of 1964. Table D.
       99. 42 U.S.C. 2000e to 2000e-17--Title VII of the Civil 
     Rights Act of 1964. 29 C.F.R. part 1601 generally--Procedural 
     regulations of the Equal Employment Opportunity Commission. 
     Table A.
       100. 42 U.S.C. 4151 to 4157--Provisions relating to design 
     and construction of public buildings to accommodate 
     physically handicapped persons. 41 C.F.R. parts 101 to 119 
     generally--Regulations of the General Services 
     Administration. Table B.
       101. 42 U.S.C. 5851--Energy Reorganization Act of 1974 
     (Employee protection provisions). Table D.
       102. 42 U.S.C. 6971--Solid Waste Disposal Act (Employee 
     protection provisions). Table D.
       103. 42 U.S.C. 7622--Clean Air Act (Employee protection 
     provisions). Table D.
       104. 42 U.S.C. 9610--Comprehensive, Environmental Response, 
     Compensation, and Liability Act (CERCLA) (Employee protection 
     provisions). 29 C.F.R. 24.2--Enforcement procedures of the 
     Secretary of Labor. Table D.
       105. 42 U.S.C. 12101 to 12213--The Americans with 
     Disabilities Act of 1990. 29 C.F.R. parts 1602, 1614, 1640, 
     1641--Record keeping and reporting requirements of the Equal 
     Employment Opportunity Commission. 28 C.F.R. part 35--
     Regulations of the Attorney General. 49 C.F.R. parts 27, 37, 
     38--Regulations of the Secretary of Transportation. 142 Cong. 
     Rec. H10676 to H10711, S10984 to S11019--Proposed regulations 
     of the Office of Compliance. Table A.


               title 43 united states code--public lands

       No provisions were found in title 43 that relate to the 
     terms and conditions of employment.


       title 44 united states code--public printing and documents

       No provisions were found in title 44 that relate to the 
     terms and conditions of employment.


                 title 45 united states code--railroads

       No provisions were found in title 45 that relate to terms 
     and conditions of employment other than those that prescribe 
     terms and conditions of employment for railroad employees 
     specifically, and the establishment of Boards and 
     Commissions.

[[Page S81]]

                 title 46 united states code--shipping

       No provisions were found in title 46 that relate to terms 
     and conditions of employment other than those that prescribe 
     terms and conditions of employment for shipping industry 
     employees specifically.


       title 47 united states code--telegraphs, telephones, and 
                            radiotelegraphs

       No provisions were found in title 47 that relate to terms 
     and conditions of employment.


    title 48 united states code--territories and insular possessions

       No provisions were found in title 48 that relate to terms 
     and conditions of employment.


              title 49 united states code--transportation

       No provisions were found in title 49 that relate to terms 
     and conditions of employment other than those that prescribe 
     terms and conditions of employment for common carrier 
     employees specifically.


         title 50 united states code--war and national defense

       No provisions were found in title 50 that relate to terms 
     and conditions of employment other than those that prescribe 
     terms and conditions of employment for CIA employees 
     specifically.

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