
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12209]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 12209. Instrumentalities of Congress

    The General Accounting Office, the Government Printing Office, and 
the Library of Congress shall be covered as follows:

                           (1) In general

        The rights and protections under this chapter shall, subject to 
    paragraph (2), apply with respect to the conduct of each 
    instrumentality of the Congress.

          (2) Establishment of remedies and procedures by 
                              instrumentalities

        The chief official of each instrumentality of the Congress shall 
    establish remedies and procedures to be utilized with respect to the 
    rights and protections provided pursuant to paragraph (1).

                       (3) Report to Congress

        The chief official of each instrumentality of the Congress 
    shall, after establishing remedies and procedures for purposes of 
    paragraph (2), submit to the Congress a report describing the 
    remedies and procedures.

                 (4) Definition of instrumentalities

        For purposes of this section, the term ``instrumentality of the 
    Congress'' means the following:,\1\ the General Accounting Office, 
    the Government Printing Office, and the Library of Congress,.\1\
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    \1\ So in original. The comma probably should not appear.
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                (5) Enforcement of employment rights

        The remedies and procedures set forth in section 2000e-16 of 
    this title shall be available to any employee of an instrumentality 
    of the Congress who alleges a violation of the rights and 
    protections under sections 12112 through 12114 of this title that 
    are made applicable by this section, except that the authorities of 
    the Equal Employment Opportunity Commission shall be exercised by 
    the chief official of the instrumentality of the Congress.

          (6) Enforcement of rights to public services and 
                               accommodations

        The remedies and procedures set forth in section 2000e-16 of 
    this title shall be available to any qualified person with a 
    disability who is a visitor, guest, or patron of an instrumentality 
    of Congress and who alleges a violation of the rights and 
    protections under sections 12131 through 12150 of this title or 
    section 12182 or 12183 of this title that are made applicable by 
    this section, except that the authorities of the Equal Employment 
    Opportunity Commission shall be exercised by the chief official of 
    the instrumentality of the Congress.

                          (7) Construction

        Nothing in this section shall alter the enforcement procedures 
    for individuals with disabilities provided in the General Accounting 
    Office Personnel Act of 1980 and regulations promulgated pursuant to 
    that Act.

(Pub. L. 101-336, title V, Sec. 509, July 26, 1990, 104 Stat. 373; Pub. 
L. 102-166, title III, Sec. 315, Nov. 21, 1991, 105 Stat. 1095; Pub. L. 
104-1, title II, Secs. 201(c)(3), 210(g), Jan. 23, 1995, 109 Stat. 8, 
16.)

                       References in Text

    The General Accounting Office Personnel Act of 1980, referred to in 
par. (7), is Pub. L. 96-191, Feb. 15, 1980, 94 Stat. 27, which was 
classified principally to section 52-1 et seq. of former Title 31, and 
which was substantially repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 
1982, 96 Stat. 1068, and reenacted by the first section thereof 
principally in subchapters III (Sec. 731 et seq.) and IV (Sec. 751 et 
seq.) of chapter 7 of Title 31, Money and Finance.


                               Amendments

    1995--Pub. L. 104-1, Sec. 201(c)(3)(F), amended section catchline 
generally.
    Pub. L. 104-1, Sec. 201(c)(3)(A), struck out subsecs. (a) and (b) 
which related to coverage of Senate and House of Representatives with 
respect to bans on employment discrimination and other discriminatory 
practices against individuals with disabilities.
    Pub. L. 104-1, Sec. 201(c)(3)(B), substituted ``The General 
Accounting Office, the Government Printing Office, and the Library of 
Congress shall be covered as follows:'' for subsec. (c) heading and 
designated subsec. (c) as entire section.
    Par. (2). Pub. L. 104-1, Sec. 201(c)(3)(C), struck out at end ``Such 
remedies and procedures shall apply exclusively, except for the 
employees who are defined as Senate employees, in section 1201(c)(1) of 
title 2.''
    Par. (4). Pub. L. 104-1, Sec. 201(c)(3)(D), struck out ``the 
Architect of the Capitol, the Congressional Budget Office'' after ``the 
following:'', inserted ``and'' before ``the Library of Congress'', and 
struck out ``the Office of Technology Assessment, and the United States 
Botanic Garden'' before period at end.
    Pub. L. 104-1, Sec. 201(c)(3)(D), which in part directed the 
substitution of ``the term `instrumentality of the Congress' means'' for 
``the instrumentalities of the Congress include'', was executed by 
making the substitution for ``instrumentalities of the Congress 
include'' to reflect the probable intent of Congress.
    Par. (5). Pub. L. 104-1, Sec. 201(c)(3)(E), added par. (5). Former 
par. (5) redesignated (7).
    Par. (6). Pub. L. 104-1, Sec. 210(g), which directed amendment of 
this section by adding par. (6), was executed by adding par. (6) after 
par. (5) to reflect the probable intent of Congress.
    Par. (7). Pub. L. 104-1, Sec. 201(c)(3)(E), redesignated par. (5) as 
(7).
    1991--Subsec. (a)(2). Pub. L. 102-166, Sec. 315(1), redesignated 
par. (6) as (2) and struck out former par. (2) which read as follows: 
``Application to Senate employment.--The rights and protections provided 
pursuant to this chapter, the Civil Rights Act of 1990 (S. 2104, 101st 
Congress), the Civil Rights Act of 1964 [42 U.S.C. 2000a et seq.], the 
Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.], 
and the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall apply 
with respect to employment by the United States Senate.''
    Subsec. (a)(3). Pub. L. 102-166, Sec. 315(1), redesignated par. (7) 
as (3), substituted ``(2)(A)'' for ``(2) and (6)(A)'' and ``(2)'' for 
``(3), (4), (5), (6)(B), and (6)(C)'', and struck out former par. (3) 
which read as follows: ``Investigation and adjudication of claims.--All 
claims raised by any individual with respect to Senate employment, 
pursuant to the Acts referred to in paragraph (2), shall be investigated 
and adjudicated by the Select Committee on Ethics, pursuant to S. Res. 
338, 88th Congress, as amended, or such other entity as the Senate may 
designate.''
    Subsec. (a)(4), (5). Pub. L. 102-166, Sec. 315(1), struck out pars. 
(4) and (5) which read as follows:
    ``(4) Rights of employees.--The Committee on Rules and 
Administration shall ensure that Senate employees are informed of their 
rights under the Acts referred to in paragraph (2).
    ``(5) Applicable Remedies.--When assigning remedies to individuals 
found to have a valid claim under the Acts referred to in paragraph (2), 
the Select Committee on Ethics, or such other entity as the Senate may 
designate, should to the extent practicable apply the same remedies 
applicable to all other employees covered by the Acts referred to in 
paragraph (2). Such remedies shall apply exclusively.''
    Subsec. (a)(6), (7). Pub. L. 102-166, Sec. 315(1), redesignated 
pars. (6) and (7) as (2) and (3), respectively.
    Subsec. (c)(2). Pub. L. 102-166, Sec. 315(2), inserted ``, except 
for the employees who are defined as Senate employees, in section 
1201(c)(1) of title 2'' after ``shall apply exclusively''.


                    Effective Date of 1995 Amendment

    Amendment by section 201(c)(3) of Pub. L. 104-1 effective 1 year 
after Jan. 23, 1995, see section 1311(d) of Title 2, The Congress.
    Amendment by section 210(g) of Pub. L. 104-1 effective 1 year after 
transmission to Congress of study under section 1371 of Title 2, see 
section 1331(h)(2) of Title 2.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as 
otherwise provided, see section 402 of Pub. L. 102-166, set out as a 
note under section 1981 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 1435.
