<
 
 
 
 
>
hide
You are viewing a Web site, archived on 10:45:57 Oct 15, 2004. It is now a Federal record managed by the National Archives and Records Administration.
External links, forms, and search boxes may not function within this collection.
Office of Compliance Seal
Left Menu Bar Contact Information, Get in Touch With Us What's New Archive Proposed Rules and Rulemaking Safety and Health Procedures for Covered Employees Reports and Studies Conducted by the Office The Manual, Your Guide to the Congressional Accountability Act Other Rights Family and Medical Leave Fair Labor Standards Disability Discrimination Age Discrimination Equal Opportunity Employment Organization, Who We Are and What We Do Forms and Publications, A Library of Forms and Publications Decisions, Board of Directors Decisions
The Manual.online, The congressional Accountability Act

 

PUBLIC LAW 104-1--JAN. 23, 1995
Public Law 104-1
104th Congress

                                 An Act

To make certain laws applicable to the legislative branch of the Federal
             Government. NOTE: Jan. 23, 1995 -  [S. 2]

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: Congressional
Accountability Act of 1995.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

NOTE: 2 USC 1301 note.     (a) Short Title.--This Act may be cited
as the "Congressional Accountability Act of 1995".

    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.

                            TITLE I--GENERAL

Sec. 101. Definitions.
Sec. 102. Application of laws.

              TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS

Part A--Employment Discrimination, Family and Medical Leave, Fair Labor
    Standards, Employee Polygraph Protection, Worker Adjustment and
  Retraining, Employment and Reemployment of Veterans, and Intimidation

Sec. 201. Rights and protections under title VII of the Civil Rights Act
           of 1964, the Age Discrimination in Employment Act of 1967,
           the Rehabilitation Act of 1973, and title I of the Americans
           with Disabilities Act of 1990.
Sec. 202. Rights and protections under the Family and Medical Leave Act
           of 1993.
Sec. 203. Rights and protections under the Fair Labor Standards Act of
           1938.
Sec. 204. Rights and protections under the Employee Polygraph Protection
           Act of 1988.
Sec. 205. Rights and protections under the Worker Adjustment and
           Retraining Notification Act.
Sec. 206. Rights and protections relating to veterans' employment and
           reemployment.
Sec. 207. Prohibition of intimidation or reprisal.

  Part B--Public Services and Accommodations Under the Americans With
                        Disabilities Act of 1990

Sec. 210. Rights and protections under the Americans with Disabilities
           Act of 1990 relating to public services and accommodations;
           procedures for remedy of violations.

           Part C--Occupational Safety and Health Act of 1970

Sec. 215. Rights and protections under the Occupational Safety and
           Health Act of 1970; procedures for remedy of violations.

                   Part D--Labor-Management Relations

Sec. 220. Application of chapter 71 of title 5, United States Code,
           relating to Federal service labor-management relations;
           procedures for remedy of violations.

                             Part E--General

              Sec. 225. Generally applicable remedies and
limitations. [[Page 109 STAT. 4]]

                              Part F--Study

Sec. 230. Study and recommendations regarding General Accounting Office,
           Government Printing Office, and Library of Congress.

                     TITLE III--OFFICE OF COMPLIANCE

Sec. 301. Establishment of Office of Compliance.
Sec. 302. Officers, staff, and other personnel.
Sec. 303. Procedural rules.
Sec. 304. Substantive regulations.
Sec. 305. Expenses.

   TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES

Sec. 401. Procedure for consideration of alleged violations.
Sec. 402. Counseling.
Sec. 403. Mediation.
Sec. 404. Election of proceeding.
Sec. 405. Complaint and hearing.
Sec. 406. Appeal to the Board.
Sec. 407. Judicial review of Board decisions and enforcement.
Sec. 408. Civil action.
Sec. 409. Judicial review of regulations.
Sec. 410. Other judicial review prohibited.
Sec. 411. Effect of failure to issue regulations.
Sec. 412. Expedited review of certain appeals.
Sec. 413. Privileges and immunities.
Sec. 414. Settlement of complaints.
Sec. 415. Payments.
Sec. 416. Confidentiality.

                    TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Exercise of rulemaking powers.
Sec. 502. Political affiliation and place of residence.
Sec. 503. Nondiscrimination rules of the House and Senate.
Sec. 504. Technical and conforming amendments.
Sec. 505. Judicial branch coverage study.
Sec. 506. Savings provisions.
Sec. 507. Use of frequent flyer miles.
Sec. 508. Sense of Senate regarding adoption of simplified and
           streamlined acquisition procedures for Senate acquisitions.
Sec. 509. Severability.

                            TITLE I--GENERAL

NOTE: 2 USC 1301. SEC. 101. DEFINITIONS.

    Except as otherwise specifically provided in this Act, as used in
this Act:
            (1) Board.--The term "Board" means the Board of Directors
        of the Office of Compliance.
            (2) Chair.--The term "Chair" means the Chair of the Board
        of Directors of the Office of Compliance.
            (3) Covered employee.--The term "covered employee" means
        any employee of--
                    (A) the House of Representatives;
                    (B) the Senate;
                    (C) the Capitol Guide Service;
                    (D) the Capitol Police;
                    (E) the Congressional Budget Office;
                    (F) the Office of the Architect of the Capitol;
                    (G) the Office of the Attending Physician;
                    (H) the Office of Compliance; or
                    (I) the Office of Technology Assessment.
            (4) Employee.--The term "employee" includes an applicant
        for employment and a former employee. [[Page 109 STAT. 5]]
            (5) Employee of the office of the architect of the
        capitol.--The term "employee of the Office of the Architect of
        the Capitol" includes any employee of the Office of the
        Architect of the Capitol, the Botanic Garden, or the Senate
        Restaurants.
            (6) Employee of the capitol police.--The term "employee of
        the Capitol Police" includes any member or officer of the
        Capitol Police.
            (7) Employee of the house of representatives.--The term
        "employee of the House of Representatives" includes an
        individual occupying a position the pay for which is disbursed
        by the Clerk of the House of Representatives, or another
        official designated by the House of Representatives, or any
        employment position in an entity that is paid with funds derived
        from the clerk-hire allowance of the House of Representatives
        but not any such individual employed by any entity listed in
        subparagraphs (C) through (I) of paragraph (3).
            (8) Employee of the senate.--The term "employee of the
        Senate" includes any employee whose pay is disbursed by the
        Secretary of the Senate, but not any such individual employed by
        any entity listed in subparagraphs (C) through (I) of paragraph
        (3).
            (9) Employing office.--The term "employing office" means--
                    (A) the personal office of a Member of the House of
                Representatives or of a Senator;
                    (B) a committee of the House of Representatives or
                the Senate or a joint committee;
                    (C) any other office headed by a person with the
                final authority to appoint, hire, discharge, and set the
                terms, conditions, or privileges of the employment of an
                employee of the House of Representatives or the Senate;
                or
                    (D) the Capitol Guide Board, the Capitol Police
                Board, the Congressional Budget Office, the Office of
                the Architect of the Capitol, the Office of the
                Attending Physician, the Office of Compliance, and the
                Office of Technology Assessment.
            (10) Executive director.--The term "Executive Director"
        means the Executive Director of the Office of Compliance.
            (11) General counsel.--The term "General Counsel" means
        the General Counsel of the Office of Compliance.
            (12) Office.--The term "Office" means the Office of
        Compliance.

NOTE: 2 USC 1302. SEC. 102. APPLICATION OF LAWS.

    (a) Laws Made Applicable.--The following laws shall apply, as
prescribed by this Act, to the legislative branch of the Federal
Government:
            (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
        seq.).
            (2) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
        2000e et seq.).
            (3) The Americans with Disabilities Act of 1990 (42 U.S.C.
        12101 et seq.).
            (4) The Age Discrimination in Employment Act of 1967 (29
        U.S.C. 621 et seq.). [[Page 109 STAT. 6]]
            (5) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611
        et seq.).
            (6) The Occupational Safety and Health Act of 1970 (29
        U.S.C. 651 et seq.).
            (7) Chapter 71 (relating to Federal service labor-management
        relations) of title 5, United States Code.
            (8) The Employee Polygraph Protection Act of 1988 (29 U.S.C.
        2001 et seq.).
            (9) The Worker Adjustment and Retraining Notification Act
        (29 U.S.C. 2101 et seq.).
            (10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
            (11) Chapter 43 (relating to veterans' employment and
        reemployment) of title 38, United States Code.

    (b) Laws Which May Be Made Applicable.--
            (1) In general.--The Board shall review provisions of
        Federal law (including regulations) relating to (A) the terms
        and conditions of employment (including hiring, promotion,
        demotion, termination, salary, wages, overtime compensation,
        benefits, work assignments or reassignments, grievance and
        disciplinary procedures, protection from discrimination in
        personnel actions, occupational health and safety, and family
        and medical and other leave) of employees, and (B) access to
        public services and accommodations.
            (2) Board report.--Beginning on December 31, 1996, and every
        2 years thereafter, the Board shall report on (A) whether or to
        what degree the provisions described in paragraph (1) are
        applicable or inapplicable to the legislative branch, and (B)
        with respect to provisions inapplicable to the legislative
        branch, whether such provisions should be made applicable to the
        legislative branch. The presiding officers of
        the NOTE: Congressional Record, publication. House of
        Representatives and the Senate shall cause each such report to
        be printed in the Congressional Record and each such report
        shall be referred to the committees of the House of
        Representatives and the Senate with jurisdiction.
            (3) Reports of congressional committees.--Each report
        accompanying any bill or joint resolution relating to terms and
        conditions of employment or access to public services or
        accommodations reported by a committee of the House of
        Representatives or the Senate shall--
                    (A) describe the manner in which the provisions of
                the bill or joint resolution apply to the legislative
                branch; or
                    (B) in the case of a provision not applicable to the
                legislative branch, include a statement of the reasons
                the provision does not apply.
        On the objection of any Member, it shall not be in order for the
        Senate or the House of Representatives to consider any such bill
        or joint resolution if the report of the committee on such bill
        or joint resolution does not comply with the provisions of this
        paragraph. This paragraph may be waived in either House by
        majority vote of that House. [[Page 109 STAT. 7]]

              TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS

PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR
    STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND
  RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

NOTE: 2 USC 1311. SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII
            OF THE CIVIL RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN
            EMPLOYMENT ACT OF 1967, THE REHABILITATION ACT OF 1973, AND
            TITLE I OF THE AMERICANS WITH DISABILITIES ACT OF 1990.

    (a) Discriminatory Practices Prohibited.--All personnel actions
affecting covered employees shall be made free from any discrimination
based on--
            (1) race, color, religion, sex, or national origin, within
        the meaning of section 703 of the Civil Rights Act of 1964 (42
        U.S.C. 2000e-2);
            (2) age, within the meaning of section 15 of the Age
        Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
            (3) disability, within the meaning of section 501 of the
        Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102
        through 104 of the Americans with Disabilities Act of 1990 (42
        U.S.C. 12112-12114).

    (b) Remedy.--
            (1) Civil rights.--The remedy for a violation of subsection
        (a)(1) shall be--
                    (A) such remedy as would be appropriate if awarded
                under section 706(g) of the Civil Rights Act of 1964 (42
                U.S.C. 2000e-5(g)); and
                    (B) such compensatory damages as would be
                appropriate if awarded under section 1977 of the Revised
                Statutes (42 U.S.C. 1981), or as would be appropriate if
                awarded under sections 1977A(a)(1), 1977A(b)(2), and,
                irrespective of the size of the employing office,
                1977A(b)(3)(D) of the Revised Statutes (42 U.S.C.
                1981a(a)(1), 1981a(b)(2), and 1981a(b)(3)(D)).
            (2) Age discrimination.--The remedy for a violation of
        subsection (a)(2) shall be--
                    (A) such remedy as would be appropriate if awarded
                under section 15(c) of the Age Discrimination in
                Employment Act of 1967 (29 U.S.C. 633a(c)); and
                    (B) such liquidated damages as would be appropriate
                if awarded under section 7(b) of such Act (29 U.S.C.
                626(b)).
        In addition, the waiver provisions of section 7(f) of such Act
        (29 U.S.C. 626(f)) shall apply to covered employees.
            (3) Disabilities discrimination.--The remedy for a violation
        of subsection (a)(3) shall be--
                    (A) such remedy as would be appropriate if awarded
                under section 505(a)(1) of the Rehabilitation Act of
                1973 [[Page 109 STAT. 8]] (29 U.S.C. 794a(a)(1)) or
                section 107(a) of the Americans with Disabilities Act of
                1990 (42 U.S.C. 12117(a)); and
                    (B) such compensatory damages as
        717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is
        amended by--
                    (A) striking "legislative and";
                    (B) striking "branches" and inserting "branch";
                and
                    (C) inserting "Government Printing Office, the
                General Accounting Office, and the" after "and in
                the".
            (2) Section 15 of the age discrimination in employment act
        of 1967.--Section 15(a) of the Age Discrimination in Employment
        Act of 1967 (29 U.S.C. 633a(a)) is amended by--
                    (A) striking "legislative and";
                    (B) striking "branches" and inserting "branch";
                and
                    (C) inserting "Government Printing Office, the
                General Accounting Office, and the" after "and in
                the".
            (3) Section 509 of the americans with disabilities act of
        1990.--Section 509 of the Americans with Disabilities Act of
        1990 (42 U.S.C. 12209) is amended--
                    (A) by striking subsections (a) and (b) of section
                509;
                    (B) in subsection (c), by striking "(c)
                Instrumentalities of Congress.--" and inserting "The
                General Accounting Office, the Government Printing
                Office, and the Library of Congress shall be covered as
                follows:";
                    (C) by striking the second sentence of paragraph
                (2);
                    (D) in paragraph (4), by striking "the
                instrumentalities of the Congress include" and
                inserting "the term `instrumentality of the Congress'
                means", by striking "the Architect of the Capitol, the
                Congressional Budget Office", by inserting "and"
                before "the Library", and by striking "the Office of
                Technology Assessment, and the United States Botanic
                Garden";
                    (E) by redesignating paragraph (5) as paragraph (7)
                and by inserting after paragraph (4) the following new
                paragraph:
            "(5) Enforcement of employment rights.--The remedies and
        procedures set forth in section 717 of the Civil Rights Act of
        1964 (42 U.S.C. 2000e-16) shall be available to any employee of
        an instrumentality of the Congress who alleges a violation of
        the rights and protections under sections 102 through 104 of
        this Act 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."; and
                    (F) by amending the title of the section to read
                "INSTRUMENTALITIES OF THE CONGRESS".

    (d) Effective Date.--This section shall take effect 1 year after the
date of the enactment of this Act. [[Page 109 STAT. 9]]

NOTE: 2 USC 1312. SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY
            AND MEDICAL LEAVE ACT OF 1993.

    (a) Family and Medical Leave Rights and Protections Provided.--
            (1) In general.--The rights and protections established by
        sections 101 through 105 of the Family and Medical Leave Act of
        1993 (29 U.S.C. 2611 through 2615) shall apply to covered
        employees.
            (2) Definition.--For purposes of the application described
        in paragraph (1)--
                    (A) the term "employer" as used in the Family and
                Medical Leave Act of 1993 means any employing office,
                and
                    (B) the term "eligible employee" as used in the
                Family and Medical Leave Act of 1993 means a covered
                employee who has been employed in any employing office
                for 12 months and for at least 1,250 hours of employment
                during the previous 12 months.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy, including liquidated damages, as would be appropriate if
awarded under paragraph (1) of section 107(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2617(a)(1)).
    (c) Application to General Accounting Office and Library of
Congress.--
            (1) Amendments to the family and medical leave act of
        1993.--
                    (A) Coverage.--Section 101(4)(A) of the Family and
                Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)) is
                amended by striking "and" at the end of clause (ii),
                by striking the period at the end of clause (iii) and
                inserting "; and", and by adding after clause (iii)
                the following:
                          "(iv) includes the General Accounting Office
                      and the Library of Congress.".
                    (B) Enforcement.--Section 107 of the Family and
                Medical Leave Act of 1993 (29 U.S.C. 2617) is amended by
                adding at the end the following:

    "(f) General Accounting Office and Library of Congress.--In the
case of the General Accounting Office and the Library of Congress, the
authority of the Secretary of Labor under this title shall be exercised
respectively by the Comptroller General of the United States and the
Librarian of Congress.".
            (2) Conforming amendment to title 5, united states code.--
        Section 6381(1)(A) of title 5, United States Code, is amended by
        striking "and" after "District of Columbia" and inserting
        before the semicolon the following: ", and any employee of the
        General Accounting Office or the Library of Congress".

    (d) Regulations.--
            (1) In general.--The Board shall, pursuant to section 304,
        issue regulations to implement the rights and protections under
        this section.
            (2) Agency regulations.--The regulations issued under
        paragraph (1) shall be the same as substantive regulations
        promulgated by the Secretary of Labor to implement the statutory
        provisions referred to in subsection (a) except insofar as the
        Board may determine, for good cause shown and stated together
        with the regulation, that a modification of such
        regula [[Page 109 STAT. 10]] tions would be more effective for
        the implementation of the rights and protections under this
        section.

    (e) Effective Date.--
            (1) In general.--Subsections (a) and (b) shall be effective
        1 year after the date of the enactment of this Act.
            (2) General accounting office and library of congress.--
        Subsection (c) shall be effective 1 year after transmission to
        the Congress of the study under section 230.

NOTE: 2 USC 1313. SEC. 203. RIGHTS AND PROTECTIONS UNDER THE FAIR
            LABOR STANDARDS ACT OF 1938.

    (a) Fair Labor Standards.--
            (1) In general.--The rights and protections established by
        subsections (a)(1) and (d) of section 6, section 7, and section
        12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206
        (a)(1) and (d), 207, 212(c)) shall apply to covered employees.
            (2) Interns.--For the purposes of this section, the term
        "covered employee" does not include an intern as defined in
        regulations under subsection (c).
            (3) Compensatory time.--Except as provided in regulations
        under subsection (c)(3), covered employees may not receive
        compensatory time in lieu of overtime compensation.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy, including liquidated damages, as would be appropriate if
awarded under section 16(b) of the Fair Labor Standards Act of 1938 (29
U.S.C. 216(b)).
    (c) Regulations To Implement Section.--
            (1) In general.--The Board shall, pursuant to section 304,
        issue regulations to implement this section.
            (2) Agency regulations.--Except as provided in paragraph
        (3), the regulations issued under paragraph (1) shall be the
        same as substantive regulations promulgated by the Secretary of
        Labor to implement the statutory provisions referred to in
        subsection (a) except insofar as the Board may determine, for
        good cause shown and stated together with the regulation, that a
        modification of such regulations would be more effective for the
        implementation of the rights and protections under this section.
            (3) Irregular work schedules.--The Board shall issue
        regulations for covered employees whose work schedules directly
        depend on the schedule of the House of Representatives or the
        Senate that shall be comparable to the provisions in the Fair
        Labor Standards Act of 1938 that apply to employees who have
        irregular work schedules.

    (d) Application to the Government Printing Office.--Section
3(e)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)(A)) is amended--
            (1) in clause (iii), by striking "legislative or",
            (2) by striking "or" at the end of clause (iv), and
            (3) by striking the semicolon at the end of clause (v) and
        inserting ", or" and by adding after clause (v) the following:
                    "(vi) the Government Printing Office;".

    (e) Effective Date.--Subsections (a) and (b) shall be effective 1
year after the date of the enactment of this Act.

NOTE: 2 USC 1314. SEC. 204. RIGHTS AND PROTECTIONS UNDER THE
            EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988.

    (a) Polygraph Practices Prohibited.-- [[Page 109 STAT. 11]]
            (1) In general.--No employing office, irrespective of
        whether a covered employee works in that employing office, may
        require a covered employee to take a lie detector test where
        such a test would be prohibited if required by an employer under
        paragraph (1), (2), or (3) of section 3 of the Employee
        Polygraph Protection Act of 1988 (29 U.S.C. 2002 (1), (2), or
        (3)). In addition, the waiver provisions of section 6(d) of such
        Act (29 U.S.C. 2005(d)) shall apply to covered employees.
            (2) Definitions.--For purposes of this section, the term
        "covered employee" shall include employees of the General
        Accounting Office and the Library of Congress and the term
        "employing office" shall include the General Accounting Office
        and the Library of Congress.
            (3) Capitol police.--Nothing in this section shall preclude
        the Capitol Police from using lie detector tests in accordance
        with regulations under subsection (c).

    (b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy as would be appropriate if awarded under section 6(c)(1) of
the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2005(c)(1)).
    (c) Regulations To Implement Section.--
            (1) In general.--The Board shall, pursuant to section 304,
        issue regulations to implement this section.
            (2) Agency regulations.--The regulations issued under
        paragraph (1) shall be the same as substantive regulations
        promulgated by the Secretary of Labor to implement the statutory
        provisions referred to in subsections (a) and (b) except insofar
        as the Board may determine, for good cause shown and stated
        together with the regulation, that a modification of such
        regulations would be more effective for the implementation of
        the rights and protections under this section.

    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2),
        subsections (a) and (b) shall be effective 1 year after the date
        of the enactment of this Act.
            (2) General accounting office and library of congress.--This
        section shall be effective with respect to the General
        Accounting Office and the Library of Congress 1 year after
        transmission to the Congress of the study under section 230.

NOTE: 2 USC 1315. SEC. 205. RIGHTS AND PROTECTIONS UNDER THE WORKER
            ADJUSTMENT AND RETRAINING NOTIFICATION ACT.

    (a) Worker Adjustment and Retraining Notification Rights.--
            (1) In general.--No employing office shall be closed or a
        mass layoff ordered within the meaning of section 3 of the
        Worker Adjustment and Retraining Notification Act (29 U.S.C.
        2102) until the end of a 60-day period after the employing
        office serves written notice of such prospective closing or
        layoff to representatives of covered employees or, if there are
        no representatives, to covered employees.
            (2) Definitions.--For purposes of this section, the term
        "covered employee" shall include employees of the General
        Accounting Office and the Library of Congress and the term
        [[Page 109 STAT. 12]] "employing office" shall include the
        General Accounting Office and the Library of Congress.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy as would be appropriate if awarded under paragraphs (1),
(2), and (4) of section 5(a) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2104(a) (1), (2), and (4)).
    (c) Regulations To Implement Section.--
            (1) In general.--The Board shall, pursuant to section 304,
        issue regulations to implement this section.
            (2) Agency regulations.--The regulations issued under
        paragraph (1) shall be the same as substantive regulations
        promulgated by the Secretary of Labor to implement the statutory
        provisions referred to in subsection (a) except insofar as the
        Board may determine, for good cause shown and stated together
        with the regulation, that a modification of such regulations
        would be more effective for the implementation of the rights and
        protections under this section.

    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2),
        subsections (a) and (b) shall be effective 1 year after the date
        of the enactment of this Act.
            (2) General accounting office and library of congress.--This
        section shall be effective with respect to the General
        Accounting Office and the Library of Congress 1 year after
        transmission to the Congress of the study under section 230.

NOTE: 2 USC 1316. SEC. 206. RIGHTS AND PROTECTIONS RELATING TO
            VETERANS' EMPLOYMENT AND REEMPLOYMENT.

    (a) Employment and Reemployment Rights of Members of the Uniformed
Services.--
            (1) In general.--It shall be unlawful for an employing
        office to--
                    (A) discriminate, within the meaning of subsections
                (a) and (b) of section 4311 of title 38, United States
                Code, against an eligible employee;
                    (B) deny to an eligible employee reemployment rights
                within the meaning of sections 4312 and 4313 of title
                38, United States Code; or
                    (C) deny to an eligible employee benefits within the
                meaning of sections 4316, 4317, and 4318 of title 38,
                United States Code.
            (2) Definitions.--For purposes of this section--
                    (A) the term "eligible employee" means a covered
                employee performing service in the uniformed services,
                within the meaning of section 4303(13) of title 38,
                United States Code, whose service has not been
                terminated upon occurrence of any of the events
                enumerated in section 4304 of title 38, United States
                Code,
                    (B) the term "covered employee" includes employees
                of the General Accounting Office and the Library of
                Congress, and
                    (C) the term "employing office" includes the
                General Accounting Office and the Library of Congress.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy as would be appropriate if awarded under
para [[Page 109 STAT. 13]] graphs (1), (2)(A), and (3) of section
4323(c) of title 38, United States Code.
    (c) Regulations To Implement Section.--
            (1) In general.--The Board shall, pursuant to section 304,
        issue regulations to implement this section.
            (2) Agency regulations.--The regulations issued under
        paragraph (1) shall be the same as substantive regulations
        promulgated by the Secretary of Labor to implement the statutory
        provisions referred to in subsection (a) except to the extent
        that the Board may determine, for good cause shown and stated
        together with the regulation, that a modification of such
        regulations would be more effective for the implementation of
        the rights and protections under this section.

    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2),
        subsections (a) and (b) shall be effective 1 year after the date
        of the enactment of this Act.
            (2) Ge*

covered employee has opposed any practice made unlawful by this Act,
or because the covered employee hasinitiated proceedings, made a
charge, or testified, assisted, orparticipated in any manner in
a hearing or other proceeding under this Act.
    (b) Remedy.--The remedy available for a violation of subsection (a)
shall be such legal or equitable remedy as may be appropriate to redress
a violation of subsection (a).

  PART B--PUBLIC SERVICES AND ACCOMMODATIONS UNDER THE AMERICANS WITH
                        DISABILITIES ACT OF 1990

NOTE: 2 USC 1331. SEC. 210. RIGHTS AND PROTECTIONS UNDER THE
            AMERICANS WITH DISABILITIES ACT OF 1990 RELATING TO PUBLIC
            SERVICES AND ACCOMMODATIONS; PROCEDURES FOR REMEDY OF
            VIOLATIONS.

    (a) Entities Subject to This Section.--The requirements of this
section shall apply to--
            (1) each office of the Senate, including each office of a
        Senator and each committee;
            (2) each office of the House of Representatives, including
        each office of a Member of the House of Representatives and each
        committee;
            (3) each joint committee of the Congress;
            (4) the Capitol Guide Service;
            (5) the Capitol Police;
            (6) the Congressional Budget Office;
            (7) the Office of the Architect of the Capitol (including
        the Senate Restaurants and the Botanic
        Garden); [[Page 109 STAT. 14]]
            (8) the Office of the Attending Physician;
            (9) the Office of Compliance; and
            (10) the Office of Technology Assessment.

    (b) Discrimination in Public Services and Accommodations.--
            (1) Rights and protections.--The rights and protections
        against discrimination in the provision of public services and
        accommodations established by sections 201 through 230, 302,
        303, and 309 of the Americans with Disabilities Act of 1990 (42
        U.S.C. 12131-12150, 12182, 12183, and 12189) shall apply to the
        entities listed in subsection (a).
            (2) Definitions.--For purposes of the application of title
        II of the Americans with Disabilities Act of 1990 (42 U.S.C.
        12131 et seq.) under this section, the term "public entity"
        means any entity listed in subsection (a) that provides public
        services, programs, or activities.

    (c) Remedy.--The remedy for a violation of subsection (b) shall be
such remedy as would be appropriate if awarded under section 203 or
308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12133,
12188(a)), except that, with respect to any claim of employment
discrimination asserted by any covered employee, the exclusive remedy
shall be under section 201 of this title.
    (d) Available Procedures.--
            (1) Charge filed with general counsel.--A qualified
        individual with a disability, as defined in section 201(2) of
        the Americans with Disabilities Act of 1990 (42 U.S.C.
        12131(2)), who alleges a violation of subsection (b) by an
        entity listed in subsection (a), may file a charge against any
        entity responsible for correcting the violation with the General
        Counsel within 180 days of the occurrence of the alleged
        violation. The General Counsel shall investigate the charge.
            (2) Mediation.--If, upon investigation under paragraph (1),
        the General Counsel believes that a violation of subsection (b)
        may have occurred and that mediation may be helpful in resolving
        the dispute, the General Counsel may request, but not
        participate in, mediation under subsections (b) through (d) of
        section 403 between the charging individual and any entity
        responsible for correcting the alleged violation.
            (3) Complaint, hearing, board review.--If mediation under
        paragraph (2) has not succeeded in resolving the dispute, and if
        the General Counsel believes that a violation of subsection (b)
        may have occurred, the General Counsel may file with the Office
        a complaint against any entity responsible for correcting the
        violation. The complaint shall be submitted to a hearing officer
        for decision pursuant to subsections (b) through (h) of section
        405 and any person who has filed a charge under paragraph (1)
        may intervene as of right, with the full rights of a party. The
        decision of the hearing officer shall be subject to review by
        the Board pursuant to section 406.
            (4) Judicial review.--A charging individual who has
        intervened under paragraph (3) or any respondent to the
        complaint, if aggrieved by a final decision of the Board under
        paragraph (3), may file a petition for review in the United
        States Court of Appeals for the Federal Circuit, pursuant to
        section 407.
            (5) Compliance date.--If new appropriated funds are
        necessary to comply with an order requiring correction of a
        viola [[Page 109 STAT. 15]] tion of subsection (b), compliance
        shall take place as soon as possible, but no later than the
        fiscal year following the end of the fiscal year in which the
        order requiring correction becomes final and not subject to
        further review.

    (e) Regulations To Implement Section.--
            (1) In general.--The Board shall, pursuant to section 304,
        issue regulations to implement this section.
            (2) Agency regulations.--The regulations issued under
        paragraph (1) shall be the same as substantive regulations
        promulgated by the Attorney General and the Secretary of
        Transportation to implement the statutory provisions referred to
        in subsection (b) except to the extent that the Board may
        determine, for good cause shown and stated together with the
        regulation, that a modification of such regulations would be
        more effective for the implementation of the rights and
        protections under this section.
            (3) Entity responsible for correction.--The regulations
        issued under paragraph (1) shall include a method of
        identifying, for purposes of this section and for categories of
        violations of subsection (b), the entity responsible for
        correction of a particular violation.

    (f) Periodic Inspections; Report to Congress; Initial Study.--
            (1) Periodic inspections.--On a regular basis, and at least
        once each Congress, the General Counsel shall inspect the
        facilities of the entities listed in subsection (a) to ensure
        compliance with subsection (b).
            (2) Report.--On the basis of each periodic inspection, the
        General Counsel shall, at least once every Congress, prepare and
        submit a report--
                    (A) to the Speaker of the House of Representatives,
                the President pro tempore of the Senate, and the Office
                of the Architect of the Capitol, or other entity
                responsible, for correcting the violation of this
                section uncovered by such inspection, and
                    (B) containing the results of the periodic
                inspection, describing any steps necessary to correct
                any violation of this section, assessing any limitations
                in accessibility to and usability by individuals with
                disabilities associated with each violation, and the
                estimated cost and time needed for abatement.
            (3) Initial period for study and corrective action.--The
        period from the date of the enactment of this Act until December
        31, 1996, shall be available to the Office of the Architect of
        the Capitol and other entities subject to this section to
        identify any violations of subsection (b), to determine the
        costs of compliance, and to take any necessary corrective action
        to abate any violations. The Office shall assist the Office of
        the Architect of the Capitol and other entities listed in
        subsection (a) by arranging for inspections and other technical
        assistance at their request. Prior to July 1, 1996, the General
        Counsel shall conduct a thorough inspection under paragraph (1)
        and shall submit the report under paragraph (2) for the One
        Hundred Fourth Congress.
            (4) Detailed personnel.--The Attorney General, the Secretary
        of Transportation, and the Architectural and Transportation
        Barriers Compliance Board may, on request of the
        Execu [[Page 109 STAT. 16]] tive Director, detail to the Office
        such personnel as may be necessary to advise and assist the
        Office in carrying out its duties under this section.

    (g) Application of Americans With Disabilities Act of 1990 to the
Provision of Public Services and Accommodations by the General
Accounting Office, the Government Printing Office, and the Library of
Congress.--Section 509 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12209)), as amended by section 201(c) of this Act, is amended
by adding the following new paragraph:
            "(6) Enforcement of rights to public services and
        accommodations.--The remedies and procedures set forth in
        section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16)
        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 201 through 230 or section 302 or 303 of this Act 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.".

    (h) Effective Date.--
            (1) In general.--Subsections (b), (c), and (d) shall be
        effective on January 1, 1997.
            (2) General accounting office, government printing office,
        and library of congress.--Subsection (g) shall be effective 1
        year after transmission to the Congress of the study under
        section 230.

           PART C--OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

NOTE: 2 USC 1341. SEC. 215. RIGHTS AND PROTECTIONS UNDER THE
            OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970; PROCEDURES FOR
            REMEDY OF VIOLATIONS.

    (a) Occupational Safety and Health Protections.--
            (1) In general.--Each employing office and each covered
        employee shall comply with the provisions of section 5 of the
        Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
            (2) Definitions.--For purposes of the application under this
        section of the Occupational Safety and Health Act of 1970--
                    (A) the term "employer" as used in such Act means
                an employing office;
                    (B) the term "employee" as used in such Act means
                a covered employee;
                    (C) the term "employing office" includes the
                General Accounting Office, the Library of Congress, and
                any entity listed in subsection (a) of section 210 that
                is responsible for correcting a violation of this
                section, irrespective of whether the entity has an
                employment relationship with any covered employee in any
                employing office in which such a violation occurs; and
                    (D) the term "employee" includes employees of the
                General Accounting Office and the Library of Congress.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be
an order to correct the violation, including such order as would
[[Page 109 STAT. 17]] be appropriate if issued under section 13(a) of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 662(a)).
    (c) Procedures.--
            (1) Requests for inspections.--Upon written request of any
        employing office or covered employee, the General Counsel shall
        exercise the authorities granted to the Secretary of Labor by
        subsections (a), (d), (e), and (f) of section 8 of the
        Occupational Safety and Health Act of 1970 (29 U.S.C. 657 (a),
        (d), (e), and (f)) to inspect and investigate places of
        employment under the jurisdiction of employing offices.
            (2) Citations, notices, and notifications.--For purposes of
        this section, the General Counsel shall exercise the authorities
        granted to the Secretary of Labor in sections 9 and 10 of the
        Occupational Safety and Health Act of 1970 (29 U.S.C. 658 and
        659), to issue--
                    (A) a citation or notice to any employing office
                responsible for correcting a violation of subsection
                (a); or
                    (B) a notification to any employing office that the
                General Counsel believes has failed to correct a
                violation for which a citation has been issued within
                the period permitted for its correction.
            (3) Hearings and review.--If after issuing a citation or
        notification, the General Counsel determines that a violation
        has not been corrected, the General Counsel may file a complaint
        with the Office against the employing office named in the
        citation or notification. The complaint shall be submitted to a
        hearing officer for decision pursuant to subsections (b) through
        (h) of section 405, subject to review by the Board pursuant to
        section 406.
            (4) Variance procedures.--An employing office may request
        from the Board an order granting a variance from a standard made
        applicable by this section. For the purposes of this section,
        the Board shall exercise the authorities granted to the
        Secretary of Labor in sections 6(b)(6) and 6(d) of the
        Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(6)
        and 655(d)) to act on any employing office's request for a
        variance. The Board shall refer the matter to a hearing officer
        pursuant to subsections (b) through (h) of section 405, subject
        to review by the Board pursuant to section 406.
            (5) Judicial review.--The General Counsel or employing
        office aggrieved by a final decision of the Board under
        paragraph (3) or (4), may file a petition for review with the
        United States Court of Appeals for the Federal Circuit pursuant
        to section 407.
            (6) Compliance date.--If new appropriated funds are
        necessary to correct a violation of subsection (a) for which a
        citation is issued, or to comply with an order requiring
        correction of such a violation, correction or compliance shall
        take place as soon as possible, but not later than the end of
        the fiscal year following the fiscal year in which the citation
        is issued or the order requiring correction becomes final and
        not subject to further review.

    (d) Regulations To Implement Section.--
            (1) In general.--The Board shall, pursuant to section 304,
        issue regulations to implement this section.
            (2) Agency regulations.--The regulations issued under
        paragraph (1) shall be the same as substantive regulations
        [[Page 109 STAT. 18]] promulgated by the Secretary of Labor to
        implement the statutory provisions referred to in subsection (a)
        except to the extent that the Board may determine, for good
        cause shown and stated together with the regulation, that a
        modification of such regulations would be more effective for the
        implementation of the rights and protections under this section.
            (3) Employing office responsible for correction.--The
        regulations issued under paragraph (1) shall include a method of
        identifying, for purposes of this section and for different
        categories of violations of subsection (a), the employing office
        responsible for correction of a particular violation.

    (e) Periodic Inspections; Report to Congress.--
            (1) Periodic inspections.--On a regular basis, and at least
        once each Congress, the General Counsel, exercising the same
        authorities of the Secretary of Labor as under subsection
        (c)(1), shall conduct periodic inspections of all facilities of
        the House of Representatives, the Senate, the Capitol Guide
        Service, the Capitol Police, the Congressional Budget Office,
        the Office of the Architect of the Capitol, the Office of the
        Attending Physician, the Office of Compliance, the Office of
        Technology Assessment, the Library of Congress, and the General
        Accounting Office to report on compliance with subsection (a).
            (2) Report.--On the basis of each periodic inspection, the
        General Counsel shall prepare and submit a report--
                    (A) to the Speaker of the House of Representatives,
                the President pro tempore of the Senate, and the Office
                of the Architect of the Capitol or other employing
                office responsible for correcting the violation of this
                section uncovered by such inspection, and
                    (B) containing the results of the periodic
                inspection, identifying the employing office responsible
                for correcting the violation of this section uncovered
                by such inspection, describing any steps necessary to
                correct any violation of this section, and assessing any
                risks to employee health and safety associated with any
                violation.
            (3) Action after report.--If a report identifies any
        violation of this section, the General Counsel shall issue a
        citation or notice in accordance with subsection (c)(2)(A).
            (4) Detailed personnel.--The Secretary of Labor may, on
        request of the Executive Director, detail to the Office such
        personnel as may be necessary to advise and assist the Office in
        carrying out its duties under this section.

    (f) Initial Period for Study and Corrective Action.--The period from
the date of the enactment of this Act until December 31, 1996, shall be
available to the Office of the Architect of the Capitol and other
employing offices to identify any violations of subsection (a), to
determine the costs of compliance, and to take any necessary corrective
action to abate any violations. The Office shall assist the Office of
the Architect of the Capitol and other employing offices by arranging
for inspections and other technical assistance at their request. Prior
to July 1, 1996, the General Counsel shall conduct a thorough inspection
under subsection (e)(1) and shall submit the report under subsection
(e)(2) for the One Hundred Fourth Congress.
    (g) Effective Date.-- [[Page 109 STAT. 19]]
            (1) In general.--Except as provided in paragraph (2),
        subsections (a), (b), (c), and (e)(3) shall be effective on
        January 1, 1997.
            (2) General accounting office and library of congress.--This
        section shall be effective with respect to the General
        Accounting Office and the Library of Congress 1 year after
        transmission to the Congress of the study under section 230.

                   PART D--LABOR-MANAGEMENT RELATIONS

NOTE: 2 USC 1351. SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE 5,
            UNITED STATES CODE, RELATING TO FEDERAL SERVICE LABOR-
            MANAGEMENT RELATIONS; PROCEDURES FOR REMEDY OF VIOLATIONS.

    (a) Labor-Management Rights.--
            (1) In general.--The rights, protections, and
        responsibilities established under sections 7102, 7106, 7111
        through 7117, 7119 through 7122, and 7131 of title 5, United
        States Code, shall apply to employing offices and to covered
        employees and representatives of those employees.
            (2) Definition.--For purposes of the application under this
        section of the sections referred to in paragraph (1), the term
        "agency" shall be deemed to include an employing office.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy, including a remedy under section 7118(a)(7) of title 5,
United States Code, as would be appropriate if awarded by the Federal
Labor Relations Authority to remedy a violation of any provision made
applicable by subsection (a).
    (c) Authorities and Procedures for Implementation and Enforcement.--
            (1) General authorities of the board; petitions.--For
        purposes of this section and except as otherwise provided in
        this section, the Board shall exercise the authorities of the
        Federal Labor Relations Authority under sections 7105, 7111,
        7112, 7113, 7115, 7117, 7118, and 7122 of title 5, United States
        Code, and of the President under section 7103(b) of title 5,
        United States Code. For purposes of this section, any petition
        or other submission that, under chapter 71 of title 5, United
        States Code, would be submitted to the Federal Labor Relations
        Authority shall, if brought under this section, be submitted to
        the Board. The Board shall refer any matter under this paragraph
        to a hearing officer for decision pursuant to subsections (b)
        through (h) of section 405, subject to review by the Board
        pursuant to section 406. The Board may direct that the General
        Counsel carry out the Board's investigative authorities under
        this paragraph.
            (2) General authorities of the general counsel; charges of
        unfair labor practice.--For purposes of this section and except
        as otherwise provided in this section, the General Counsel shall
        exercise the authorities of the General Counsel of the Federal
        Labor Relations Authority under sections 7104 and 7118 of title
        5, United States Code. For purposes of this section, any charge
        or other submission that, under chapter 71 of title 5, United
        States Code, would be submitted to the General Counsel of the
        Federal Labor Relations Authority shall, if brought under this
        section, be submitted to the General
        [[Page 109 STAT. 20]] Counsel. If any person charges an
        employing office or a labor organization with having engaged in
        or engaging in an unfair labor practice and makes such charge
        within 180 days of the occurrence of the alleged unfair labor
        practice, the General Counsel shall investigate the charge and
        may file a complaint with the Office. The complaint shall be
        submitted to a hearing officer for decision pursuant to
        subsections (b) through (h) of section 405, subject to review by
        the Board pursuant to section 406.
            (3) Judicial review.--Except for matters referred to in
        paragraphs (1) and (2) of section 7123(a) of title 5, United
        States Code, the General Counsel or the respondent to the
        complaint, if aggrieved by a final decision of the Board under
        paragraph (1) or (2) of this subsection, may file a petition for
        judicial review in the United States Court of Appeals for the
        Federal Circuit pursuant to section 407.
            (4) Exercise of impasses panel authority; requests.--For
        purposes of this section and except as otherwise provided in
        this section, the Board shall exercise the authorities of the
        Federal Service Impasses Panel under section 7119 of title 5,
        United States Code. For purposes of this section, any request
        that, under chapter 71 of title 5, United States Code, would be
        presented to the Federal Service Impasses Panel shall, if made
        under this section, be presented to the Board. At the request of
        the Board, the Executive Director shall appoint a mediator or
        mediators to perform the functions of the Federal Service
        Impasses Panel under section 7119 of title 5, United States
        Code.

    (d) Regulations To Implement Section.--
            (1) In general.--The Board shall, pursuant to section 304,
        issue regulations to implement this section.
            (2) Agency regulations.--Except as provided in subsection
        (e), the regulations issued under paragraph (1) shall be the
        same as substantive regulations promulgated by the Federal Labor
        Relations Authority to implement the statutory provisions
        referred to in subsection (a) except--
                    (A) to the extent that the Board may determine, for
                good cause shown and stated together with the
                regulation, that a modification of such regulations
                would be more effective for the implementation of the
                rights and protections under this section; or
                    (B) as the Board deems necessary to avoid a conflict
                of interest or appearance of a conflict of interest.

    (e) Specific Regulations Regarding Application to Certain Offices of
Congress.--
            (1) Regulations required.--The Board shall issue regulations
        pursuant to section 304 on the manner and extent to which the
        requirements and exemptions of chapter 71 of title 5, United
        States Code, should apply to covered employees who are employed
        in the offices listed in paragraph (2). The regulations shall,
        to the greatest extent practicable, be consistent with the
        provisions and purposes of chapter 71 of title 5, United States
        Code and of this Act, and shall be the same as substantive
        regulations issued by the Federal Labor Relations Authority
        under such chapter, except--
                    (A) to the extent that the Board may determine, for
                good cause shown and stated together with the
                regulation, [[Page 109 STAT. 21]] that a modification of
                such regulations would be more effective for the
                implementation of the rights and protections under this
                section; and
                    (B) that the Board shall exclude from coverage under
                this section any covered employees who are employed in
                offices listed in paragraph (2) if the Board determines
                that such exclusion is required because of--
                          (i) a conflict of interest or appearance of a
                      conflict of interest; or
                          (ii) Congress' constitutional
                      responsibilities.
            (2) Offices referred to.--The offices referred to in
        paragraph (1) include--
                    (A) the personal office of any Member of the House
                of Representatives or of any Senator;
                    (B) a standing, select, special, permanent,
                temporary, or other committee of the Senate or House of
                Representatives, or a joint committee of Congress;
                    (C) the Office of the Vice President (as President
                of the Senate), the Office of the President pro tempore
                of the Senate, the Office of the Majority Leader of the
                Senate, the Office of the Minority Leader of the Senate,
                the Office of the Majority Whip of the Senate, the
                Office of the Minority Whip of the Senate, the
                Conference of the Majority of the Senate, the Conference
                of the Minority of the Senate, the Office of the
                Secretary of the Conference of the Majority of the
                Senate, the Office of the Secretary of the Conference of
                the Minority of the Senate, the Office of the Secretary
                for the Majority of the Senate, the Office of the
                Secretary for the Minority of the Senate, the Majority
                Policy Committee of the Senate, the Minority Policy
                Committee of the Senate, and the following offices
                within the Office of the Secretary of the Senate:
                Offices of the Parliamentarian, Bill Clerk, Legislative
                Clerk, Journal Clerk, Executive Clerk, Enrolling Clerk,
                Official Reporters of Debate, Daily Digest, Printing
                Services, Captioning Services, and Senate Chief Counsel
                for Employment;
                    (D) the Office of the Speaker of the House of
                Representatives, the Office of the Majority Leader of
                the House of Representatives, the Office of the Minority
                Leader of the House of Representatives, the Offices of
                the Chief Deputy Majority Whips, the Offices of the
                Chief Deputy Minority Whips and the following offices
                within the Office of the Clerk of the House of
                Representatives: Offices of Legislative Operations,
                Official Reporters of Debate, Official Reporters to
                Committees, Printing Services, and Legislative
                Information;
                    (E) the Office of the Legislative Counsel of the
                Senate, the Office of the Senate Legal Counsel, the
                Office of the Legislative Counsel of the House of
                Representatives, the Office of the General Counsel of
                the House of Representatives, the Office of the
                Parliamentarian of the House of Representatives, and the
                Office of the Law Revision Counsel;
                    (F) the offices of any caucus or party organization;
                    (G) the Congressional Budget Office, the Office of
                Technology Assessment, and the Office of Compliance;
                and [[Page 109 STAT. 22]]
                    (H) such other offices that perform comparable
                functions which are identified under regulations of the
                Board.

    (f) Effective Date.--
            (1) In general.--Except as provided in paragraph (2),
        subsections (a) and (b) shall be effective on October 1, 1996.
            (2) Certain offices.--With respect to the offices listed in
        subsection (e)(2), to the covered employees of such offices, and
        to representatives of such employees, subsections (a) and (b)
        shall be effective on the effective date of regulations under
        subsection (e).

                             PART E--GENERAL

NOTE: 2 USC 1361. SEC. 225. GENERALLY APPLICABLE REMEDIES AND
            LIMITATIONS.

    (a) Attorney's Fees.--If a covered employee, with respect to any
claim under this Act, or a qualified person with a disability, with
respect to any claim under section 210, is a prevailing party in any
proceeding under section 405, 406, 407, or 408, the hearing officer,
Board, or court, as the case may be, may award attorney's fees, expert
fees, and any other costs as would be appropriate if awarded under
section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).
    (b) Interest.--In any proceeding under section 405, 406, 407, or
408, the same interest to compensate for delay in payment shall be made
available as would be appropriate if awarded under section 717(d) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-16(d)).
    (c) Civil Penalties and Punitive Damages.--No civil penalty or
punitive damages may be awarded with respect to any claim under this
Act.
    (d) Exclusive Procedure.--
            (1) In general.--Except as provided in paragraph (2), no
        person may commence an administrative or judicial proceeding to
        seek a remedy for the rights and protections afforded by this
        Act except as provided in this Act.
            (2) Veterans.--A covered employee under section 206 may also
        utilize any provisions of chapter 43 of title 38, United States
        Code, that are applicable to that employee.

    (e) Scope of Remedy.--Only a covered employee who has undertaken and
completed the procedures described in sections 402 and 403 may be
granted a remedy under part A of this title.
    (f) Construction.--
            (1) Definitions and exemptions.--Except where inconsistent
        with definitions and exemptions provided in this Act, the
        definitions and exemptions in the laws made applicable by this
        Act shall apply under this Act.
            (2) Size limitations.--Notwithstanding paragraph (1),
        provisions in the laws made applicable under this Act (other
        than the Worker Adjustment and Retraining Notification Act)
        determining coverage based on size, whether expressed in terms
        of numbers of employees, amount of business transacted, or other
        measure, shall not apply in determining coverage under this Act.
            (3) Executive branch enforcement.--This Act shall not be
        construed to authorize enforcement by the executive branch of
        this Act. [[Page 109 STAT. 23]]

                              PART F--STUDY

NOTE: 2 USC 1371. SEC. 230. STUDY AND RECOMMENDATIONS REGARDING
            GENERAL ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE, AND
            LIBRARY OF CONGRESS.

    (a) In General.--The Administrative Conference of the United States
shall undertake a study of--
            (1) the application of the laws listed in subsection (b)
        to--
                    (A) the General Accounting Office;
                    (B) the Government Printing Office; and
                    (C) the Library of Congress; and
            (2) the regulations and procedures used by the entities
        referred to in paragraph (1) to apply and enforce such laws to
        themselves and their employees.

    (b) Applicable Statutes.--The study under this section shall
consider the application of the following laws:
            (1) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
        2000e et seq.), and related provisions of section 2302 of title
        5, United States Code.
            (2) The Age Discrimination in Employment Act of 1967 (29
        U.S.C. 621 et seq.), and related provisions of section 2302 of
        title 5, United States Code.
            (3) The Americans with Disabilities Act of 1990 (42 U.S.C.
        12101 et seq.), and related provisions of section 2302 of title
        5, United States Code.
            (4) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611
        et seq.), and related provisions of sections 6381 through 6387
        of title 5, United States Code.
            (5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
        seq.), and related provisions of sections 5541 through 5550a of
        title 5, United States Code.
            (6) The Occupational Safety and Health Act of 1970 (29
        U.S.C. 651 et seq.), and related provisions of section 7902 of
        title 5, United States Code.
            (7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
            (8) Chapter 71 (relating to Federal service labor-management
        relations) of title 5, United States Code.
            (9) The General Accounting Office Personnel Act of 1980 (31
        U.S.C. 731 et seq.).
            (10) The Employee Polygraph Protection Act of 1988 (29
        U.S.C. 2001 et seq.).
            (11) The Worker Adjustment and Retraining Notification Act
        (29 U.S.C. 2101 et seq.).
            (12) Chapter 43 (relating to veterans' employment and
        reemployment) of title 38, United States Code.

    (c) Contents of Study and Recommendations.--The study under this
section shall evaluate whether the rights, protections, and procedures,
including administrative and judicial relief, applicable to the entities
listed in paragraph (1) of subsection (a) and their employees are
comprehensive and effective and shall include recommendations for any
improvements in regulations or legislation, including proposed
regulatory or legislative language.
    (d) Deadline and Delivery of Study.--Not later than December 31,
1996--
            (1) the Administrative Conference of the United States shall
        prepare and complete the study and recommendations
        [[Page 109 STAT. 24]] required under this section and shall
        submit the study and recommendations to the Board; and
            (2) the Board shall transmit such study and recommendations
        (with the Board's comments) to the head of each entity
        considered in the study, and to the Congress by delivery to the
        Speaker of the House of Representatives and President pro
        tempore of the Senate for referral to the appropriate committees
        of the House of Representatives and of the Senate.

                     TITLE III--OFFICE OF COMPLIANCE

NOTE: 2 USC 1381. SEC. 301. ESTABLISHMENT OF OFFICE OF COMPLIANCE.

    (a) Establishment.--There is established, as an independent office
within the legislative branch of the Federal Government, the Office of
Compliance.
    (b) Board of Directors.--The Office shall have a Board of Directors.
The Board shall consist of 5 individuals appointed jointly by the
Speaker of the House of Representatives, the Majority Leader of the
Senate, and the Minority Leaders of the House of Representatives and the
Senate. Appointments of the first 5 members of the Board shall be
completed not later than 90 days after the date of the enactment of this
Act.
    (c) Chair.--The Chair shall be appointed from members of the Board
jointly by the Speaker of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leaders of the House of
Representatives and the Senate.
    (d) Board of Directors Qualifications.--
            (1) Specific qualifications.--Selection and appointment of
        members of the Board shall be without regard to political
        affiliation and solely on the basis of fitness to perform the
        duties of the Office. Members of the Board shall have training
        or experience in the application of the rights, protections, and
        remedies under one or more of the laws made applicable under
        section 102.
            (2) Disqualifications for appointments.--
                    (A) Lobbying.--No individual who engages in, or is
                otherwise employed in, lobbying of the Congress and who
                is required under the Federal Regulation of Lobbying Act
                to register with the Clerk of the House of
                Representatives or the Secretary of the Senate shall be
                eligible for appointment to, or service on, the Board.
                    (B) Incompatible office.--No member of the Board
                appointed under subsection (b) may hold or may have held
                the position of Member of the House of Representatives
                or Senator, may hold the position of officer or employee
                of the House of Representatives, Senate, or
                instrumentality or other entity of the legislative
                branch, or may have held such a position (other than the
                position of an officer or employee of the General
                Accounting Office Personnel Appeals Board, an officer or
                employee of the Office of Fair Employment Practices of
                the House of Representatives, or officer or employee of
                the Office of Senate Fair Employment Practices) within 4
                years of the date of appointment.
            (3) Vacancies.--A vacancy on the Board shall be filled in
        the manner in which the original appointment was
made. [[Page 109 STAT. 25]]

    (e) Term of Office.--
            (1) In general.--Except as provided in paragraph (2),
        membership on the Board shall be for 5 years. A member of the
        Board who is appointed to a term of office of more than 3 years
        shall only be eligible for appointment for a single term of
        office.
            (2) First appointments.--Of the members first appointed to
        the Board--
                    (A) 1 shall have a term of office of 3 years,
                    (B) 2 shall have a term of office of 4 years, and
                    (C) 2 shall have a term of office of 5 years, 1 of
                whom shall be the Chair,
        as designated at the time of appointment by the persons
        specified in subsection (b).

    (f) Removal.--
            (1) Authority.--Any member of the Board may be removed from
        office by a majority decision of the appointing authorities
        described in subsection (b), but only for--
                    (A) disability that substantially prevents the
                member from carrying out the duties of the member,
                    (B) incompetence,
                    (C) neglect of duty,
                    (D) malfeasance, including a felony or conduct
                involving moral turpitude, or
                    (E) holding an office or employment or engaging in
                an activity that disqualifies the individual from
                service as a member of the Board under subsection
                (d)(2).
            (2) Statement of reasons for removal.--In removing a member
        of the Board, the Speaker of the House of Representatives and
        the President pro tempore of the Senate shall state in writing
        to the member of the Board being removed the specific reasons
        for the removal.

    (g) Compensation.--
            (1) Per diem.--Each member of the Board shall be compensated
        at a rate equal to the daily equivalent of the annual rate of
        basic pay prescribed for level V of the Executive Schedule under
        section 5316 of title 5, United States Code, for each day
(including travel time) during which such member is engaged in the
performance of the duties of the Board. The rate of pay of a member may
be prorated based on the portion of the day during which the member is
engaged in the performance of Board duties.
            (2)  Travel expenses.--Each member of the Board shall
        receive travel expenses, including per diem in lieu of
        subsistence, at rates authorized for employees of agencies under
        subchapter I of chapter 57 of title 5, United States Code, for
        each day the member is engaged in the performance of duties away
        from the home or regular place of business of the member.

    (h) Duties.--The Office shall--
            (1) carry out a program of education for Members of Congress
        and other employing authorities of the legislative branch of the
        Federal Government respecting the laws made applicable to them
        and a program to inform individuals of their rights under laws
        applicable to the legislative branch of the Federal Government;
            (2) in carrying out the program under paragraph (1),
        distribute the telephone number and address of the Office,
        [[Page 109 STAT. 26]] procedures for action under title IV, and
        any other information appropriate for distribution, distribute
        such information to employing offices in a manner suitable for
        posting, provide such information to new employees of employing
        offices, distribute such information to the residences of
        covered employees, and conduct seminars and other activities
        designed to educate employing offices and covered employees; and
        NOTE: Records. Publication.     (3) compile and publish
        statistics on the use of the Office by covered employees,
        including the number and type of contacts made with the Office,
        on the reason for such contacts, on the number of covered
        employees who initiated proceedings with the Office under this
        Act and the result of such proceedings, and on the number of
        covered employees who filed a complaint, the basis for the
        complaint, and the action taken on the complaint.

    (i) Congressional Oversight.--The Board and the Office shall be
subject to oversight (except with respect to the disposition of
individual cases) by the Committee on Rules and Administration and the
Committee on Governmental Affairs of the Senate and the Committee on
House Oversight of the House of Representatives.
    (j) Opening of Office.--The Office shall be open for business,
including receipt of requests for counseling under section 402, not
later than 1 year after the date of the enactment of this Act.
    (k) Financial Disclosure Reports.--Members of the Board and officers
and employees of the Office shall file the financial disclosure reports
required under title I of the Ethics in Government Act of 1978 with the
Clerk of the House of Representatives.

NOTE: 2 USC 1382. SEC. 302. OFFICERS, STAFF, AND OTHER PERSONNEL.

    (a) Executive Director.--
            (1) Appointment and removal.--
                    (A) In general.--The Chair, subject to the approval
                of the Board, shall appoint and may remove an Executive
                Director. Selection and appointment of the Executive
                Director shall be without regard to political
                affiliation and solely on the basis of fitness to
                perform the duties of the Office. The first Executive
                Director shall be appointed no later than 90 days after
                the initial appointment of the Board of Directors.
                    (B) Qualifications.--The Executive Director shall be
                an individual with training or expertise in the
                application of laws referred to in section 102(a).
                    (C) Disqualifications.--The disqualifications in
                section 301(d)(2) shall apply to the appointment of the
                Executive Director.
            (2) Compensation.--The Chair may fix the compensation of the
        Executive Director. The rate of pay for the Executive Director
        may not exceed the annual rate of basic pay prescribed for level
        V of the Executive Schedule under section 5316 of title 5,
        United States Code.
            (3) Term.--The term of office of the Executive Director
        shall be a single term of 5 years, except that the first
        Executive Director shall have a single term of 7 years.
            (4) Duties.--The Executive Director shall serve as the chief
        operating officer of the Office. Except as otherwise specified
        in this Act, the Executive Director shall carry out all of the
        responsibilities of the Office under this
Act. [[Page 109 STAT. 27]]

    (b) Deputy Executive Directors.--
            (1) In general.--The Chair, subject to the approval of the
        Board, shall appoint and may remove a Deputy Executive Director
        for the Senate and a Deputy Executive Director for the House of
        Representatives. Selection and appointment of a Deputy Executive
        Director shall be without regard to political affiliation and
        solely on the basis of fitness to perform the duties of the
        office. The disqualifications in section 301(d)(2) shall apply
        to the appointment of a Deputy Executive Director.
            (2) Term.--The term of office of a Deputy Executive Director
        shall be a single term of 5 years, except that the first Deputy
        Executive Directors shall have a single term of 6 years.
            (3) Compensation.--The Chair may fix the compensation of the
        Deputy Executive Directors. The rate of pay for a Deputy
        Executive Director may not exceed 96 percent of the annual rate
        of basic pay prescribed for level V of the Executive Schedule
        under section 5316 of title 5, United States Code.
            (4) Duties.--The Deputy Executive Director for the Senate
        shall recommend to the Board regulations under section
        304(a)(2)(B)(i), maintain the regulations and all records
        pertaining to the regulations, and shall assume such other
        responsibilities as may be delegated by the Executive Director.
        The Deputy Executive Director for the House of Representatives
        shall recommend to the Board the regulations under section
        304(a)(2)(B)(ii), maintain the regulations and all records
        pertaining to the regulations, and shall assume such other
        responsibilities as may be delegated by the Executive Director.

    (c) General Counsel.--
            (1) In general.--The Chair, subject to the approval of the
        Board, shall appoint a General Counsel. Selection and
        appointment of the General Counsel shall be without regard to
        political affiliation and solely on the basis of fitness to
        perform the duties of the Office. The disqualifications in
        section 301(d)(2) shall apply to the appointment of a General
        Counsel.
            (2) Compensation.--The Chair may fix the compensation of the
        General Counsel. The rate of pay for the General Counsel may not
        exceed the annual rate of basic pay prescribed for level V of
        the Executive Schedule under section 5316 of title 5, United
        States Code.
            (3) Duties.--The General Counsel shall--
                    (A) exercise the authorities and perform the duties
                of the General Counsel as specified in this Act; and
                    (B) otherwise assist the Board and the Executive
                Director in carrying out their duties and powers,
                including representing the Office in any judicial
                proceeding under this Act.
            (4) Attorneys in the office of the general counsel.--The
        General Counsel shall appoint, and fix the compensation of, and
        may remove, such additional attorneys as may be necessary to
        enable the General Counsel to perform the General Counsel's
        duties.
            (5) Term.--The term of office of the General Counsel shall
        be a single term of 5 years.
            (6) Removal.--
                    (A) Authority.--The General Counsel may be removed
                from office by the Chair but only for--
                      [[Page 109 STAT. 28]]
                          (i) disability that substantially prevents the
                      General Counsel from carrying out the duties of
                      the General Counsel,
                          (ii) incompetence,
                          (iii) neglect of duty,
                          (iv) malfeasance, including a felony or
                      conduct involving moral turpitude, or
                          (v) holding an office or employment or
                      engaging in an activity that disqualifies the
                      individual from service as the General Counsel
                      under paragraph (1).
                    (B) Statement of reasons for removal.--In removing
                the General Counsel, the Speaker of the House of
                Representatives and the President pro tempore of the
                Senate shall state in writing to the General Counsel the
                specific reasons for the removal.

    (d) Other Staff.--The Executive Director shall appoint, and fix the
compensation of, and may remove, such other additional staff, including
hearing officers, but not including attorneys employed in the office of
the General Counsel, as may be necessary to enable the Office to perform
its duties.
    (e) Detailed Personnel.--The Executive Director may, with the prior
consent of the department or agency of the Federal Government concerned,
use on a reimbursable or nonreimbursable basis the services of personnel
of any such department or agency, including the services of members or
personnel of the General Accounting Office Personnel Appeals Board.
    (f) Consultants.--In carrying out the functions of the Office, the
Executive Director may procure the temporary (not to exceed 1 year) or
intermittent services of consultants.

NOTE: 2 USC 1383. SEC. 303. PROCEDURAL RULES.

    (a) In General.--The Executive Director shall, subject to the
approval of the Board, adopt rules governing the procedures of the
Office, including the procedures of hearing officers, which shall be
submitted for publication in the Congressional Record. The rules may be
amended in the same manner.
    (b) Procedure.--The Executive Director shall adopt rules referred to
in subsection (a) in accordance with the principles and procedures set
forth in section 553 of title 5, United States Code. The Executive
Director shall publish a NOTE: Congressional Record,
publication. general notice of proposed rulemaking under section
553(b) of title 5, United States Code, but, instead of publication of a
general notice of proposed rulemaking in the Federal Register, the
Executive Director shall transmit such notice to the Speaker of the
House of Representatives and the President pro tempore of the Senate for
publication in the Congressional Record on the first day on which both
Houses are in session following such transmittal. Before adopting rules,
the Executive Director shall provide a comment period of at least 30
days after publication of a general notice of proposed rulemaking. Upon
adopting rules, the NOTE: Congressional Record,
publication. [[Page 109 STAT. 29]]  Executive Director shall transmit
notice of such action together with a copy of such rules to the Speaker
of the House of Representatives and the President pro tempore of the
Senate for publication in the Congressional Record on the first day on
which both Houses are in session following such transmittal. Rules shall
be considered issued by the Executive Director as of the date on which
they are published in the Congressional Record. [[Page 109 STAT. 29]]

NOTE: 2 USC 1384. SEC. 304. SUBSTANTIVE REGULATIONS.

    (a) Regulations.--
            (1) In general.--The procedures applicable to the
        regulations of the Board issued for the implementation of this
        Act, which shall include regulations the Board is required to
        issue under title II (including regulations on the appropriate
        application of exemptions under the laws made applicable in
        title II) are as prescribed in this section.
            (2) Rulemaking procedure.--Such regulations of the Board--
                    (A) shall be adopted, approved, and issued in
                accordance with subsection (b); and
                    (B) shall consist of 3 separate bodies of
                regulations, which shall apply, respectively, to--
                          (i) the Senate and employees of the Senate;
                          (ii) the House of Representatives and
                      employees of the House of Representatives; and
                          (iii) all other covered employees and
                      employing offices.

    (b) Adoption by the Board.--The Board shall adopt the regulations
referred to in subsection (a)(1) in accordance with the principles and
procedures set forth in section 553 of title 5, United States Code, and
as provided in the following provisions of this subsection:
        NOTE: Congressional Record, publication.     (1) Proposal.--
        The Board shall publish a general notice of proposed rulemaking
        under section 553(b) of title 5, United States Code, but,
        instead of publication of a general notice of proposed
        rulemaking in the Federal Register, the Board shall transmit
        such notice to the Speaker of the House of Representatives and
        the President pro tempore of the Senate for publication in the
        Congressional Record on the first day on which both Houses are
        in session following such transmittal. Such notice shall set
        forth the recommendations of the Deputy Director for the Senate
        in regard to regulations under subsection (a)(2)(B)(i), the
        recommendations of the Deputy Director for the House of
        Representatives in regard to regulations under subsection
        (a)(2)(B)(ii), and the recommendations of the Executive Director
        for regulations under subsection (a)(2)(B)(iii).
            (2) Comment.--Before adopting regulations, the Board shall
        provide a comment period of at least 30 days after publication
        of a general notice of proposed rulemaking.
        NOTE: Congressional Record, publication.     (3) Adoption.--
        After considering comments, the Board shall adopt regulations
        and shall transmit notice of such action together with a copy of
        such regulations to the Speaker of the House of Representatives
        and the President pro tempore of the Senate for publication in
        the Congressional Record on the first day on which both Houses
        are in session following such transmittal.
            (4) Recommendation as to method of approval.--The Board
        shall include a recommendation in the general notice of proposed
        rulemaking and in the regulations as to whether the regulations
        should be approved by resolution of the Senate, by resolution of
        the House of Representatives, by concurrent resolution, or by
        joint resolution.

    (c) Approval of Regulations.--
            (1) In general.--Regulations referred to in paragraph
        (2)(B)(i) of subsection (a) may be approved by the Senate by
        [[Page 109 STAT. 30]] resolution or by the Congress by
        concurrent resolution or by joint resolution. Regulations
        referred to in paragraph (2)(B)(ii) of subsection (a) may be
        approved by the House of Representatives by resolution or by the
        Congress by concurrent resolution or by joint resolution.
        Regulations referred to in paragraph (2)(B)(iii) may be approved
        by Congress by concurrent resolution or by joint resolution.
            (2) Referral.--Upon receipt of a notice of adoption of
        regulations under subsection (b)(3), the presiding officers of
        the House of Representatives and the Senate shall refer such
        notice, together with a copy of such regulations, to the
        appropriate committee or committees of the House of
        Representatives and of the Senate. The purpose of the referral
        shall be to consider whether such regulations should be
        approved, and, if so, whether such approval should be by
        resolution of the House of Representatives or of the Senate, by
        concurrent resolution or by joint resolution.
            (3) Joint referral and discharge in the senate.--The
        presiding officer of the Senate may refer the notice of issuance
        of regulations, or any resolution of approval of regulations, to
        one committee or jointly to more than one committee. If a
        committee of the Senate acts to report a jointly referred
        measure, any other committee of the Senate must act within 30
        calendar days of continuous session, or be automatically
        discharged.
            (4) One-house resolution or concurrent resolution.--In the
        case of a resolution of the House of Representatives or the
        Senate or a concurrent resolution referred to in paragraph (1),
        the matter after the resolving clause shall be the following:
        "The following regulations issued by the Office of Compliance
        on ____ are hereby approved:" (the blank space being
        appropriately filled in, and the text of the regulations being
        set forth).
            (5) Joint resolution.--In the case of a joint resolution
        referred to in paragraph (1), the matter after the resolving
        clause shall be the following: "The following regulations
        issued by the Office of Compliance on ____ are hereby approved
        and shall have the force and effect of law:" (the blank space
        being appropriately filled in, and the text of the regulations
        being set forth).

    (d) Issuance and Effective Date.--
        NOTE: Congressional Record, publication.     (1)
        Publication.--After approval of regulations under subsection
        (c), the Board shall submit the regulations to the Speaker of
        the House of Representatives and the President pro tempore of
        the Senate for publication in the Congressional Record on the
        first day on which both Houses are in session following such
        transmittal.
            (2) Date of issuance.--The date of issuance of regulations
        shall be the date on which they are published in the
        Congressional Record under paragraph (1).
            (3) Effective date.--Regulations shall become effective not
        less than 60 days after the regulations are issued, except that
        the Board may provide for an earlier effective date for good
        cause found (within the meaning of section 553(d)(3) of title 5,
        United States Code) and published with the regulation.

    (e) Amendment of Regulations.--Regulations may be amended in the
same manner as is described in this section for the
[[Page 109 STAT. 31]] adoption, approval, and issuance of regulations,
except that the Board may, in its discretion, dispense with publication
of a general notice of proposed rulemaking of minor, technical, or
urgent amendments that satisfy the criteria for dispensing with
publication of such notice pursuant to section 553(b)(B) of title 5,
United States Code.
    (f) Right To Petition for Rulemaking.--Any interested party may
petition to the Board for the issuance, amendment, or repeal of a
regulation.
    (g) Consultation.--The Executive Director, the Deputy Directors, and
the Board--
            (1) shall consult, with regard to the development of
        regulations, with--
                    (A) the Chair of the Administrative Conference of
                the United States;
                    (B) the Secretary of Labor;
                    (C) the Federal Labor Relations Authority; and
                    (D) the Director of the Office of Personnel
                Management; and
            (2) may consult with any other persons with whom
        consultation, in the opinion of the Board, the Executive
        Director, or Deputy Directors, may be helpful.

NOTE: 2 USC 1385. SEC. 305. EXPENSES.

    (a) Authorization of Appropriations.--Beginning in fiscal year 1995,
and for each fiscal year thereafter, there are authorized to be
appropriated for the expenses of the Office such sums as may be
necessary to carry out the functions of the Office. Until sums are first
appropriated pursuant to the preceding sentence, but for a period not
exceeding 12 months following the date of the enactment of this Act--
            (1) one-half of the expenses of the Office shall be paid
        from funds appropriated for allowances and expenses of the House
        of Representatives, and
            (2) one-half of the expenses of the Office shall be paid
        from funds appropriated for allowances and expenses of the
        Senate,

upon vouchers approved by the Executive Director, except that a voucher
shall not be required for the disbursement of salaries of employees who
are paid at an annual rate. The Clerk of the House of Representatives
and the Secretary of the Senate are authorized to make arrangements for
the division of expenses under this subsection, including arrangements
for one House of Congress to reimburse the other House of Congress.
    (b) Financial and Administrative Services.--The Executive Director
may place orders and enter into agreements for goods and services with
the head of any agency, or major organizational unit within an agency,
in the legislative or executive branch of the United States in the same
manner and to the same extent as agencies are authorized under sections
1535 and 1536 of title 31, United States Code, to place orders and enter
into agreements.
    (c) Witness Fees and Allowances.--Except for covered employees,
witnesses before a hearing officer or the Board in any proceeding under
this Act other than rulemaking shall be paid the same fee and mileage
allowances as are paid subpoenaed witnesses in the courts of the United
States. Covered employees who are summoned, or are assigned by their
employer, to testify in [[Page 109 STAT. 32]] their official capacity or
to produce official records in any proceeding under this Act shall be
entitled to travel expenses under subchapter I and section 5751 of
chapter 57 of title 5, United States Code.

   TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES

NOTE: 2 USC 1401. SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED
            VIOLATIONS.

    Except as otherwise provided, the procedure for consideration of
alleged violations of part A of title II consists of--
            (1) counseling as provided in section 402;
            (2) mediation as provided in section 403; and
            (3) election, as provided in section 404, of either--
                    (A) a formal complaint and hearing as provided in
                section 405, subject to Board review as provided in
                section 406, and judicial review in the United States
                Court of Appeals for the Federal Circuit as provided in
                section 407, or
                    (B) a civil action in a district court of the United
                States as provided in section 408.

In the case of an employee of the Office of the Architect of the Capitol
or of the Capitol Police, the Executive Director, after receiving a
request for counseling under section 402, may recommend that the
employee use the grievance procedures of the Architect of the Capitol or
the Capitol Police for resolution of the employee's grievance for a
specific period of time, which shall not count against the time
available for counseling or mediation.

NOTE: 2 USC 1402. SEC. 402. COUNSELING.

    (a) In General.--To commence a proceeding, a covered employee
alleging a violation of a law made applicable under part A of title II
shall request counseling by the Office. The Office shall provide the
employee with all relevant information with respect to the rights of the
employee. A request for counseling shall be made not later than 180 days
after the date of the alleged violation.
    (b) Period of Counseling.--The period for counseling shall be 30
days unless the employee and the Office agree to reduce the period. The
period shall begin on the date the request for counseling is received.
    (c) Notification of End of Counseling Period.--The Office shall
notify the employee in writing when the counseling period has ended.

NOTE: 2 USC 1403. SEC. 403. MEDIATION.

    (a) Initiation.--Not later than 15 days after receipt by the
employee of notice of the end of the counseling period under section
402, but prior to and as a condition of making an election under section
404, the covered employee who alleged a violation of a law shall file a
request for mediation with the Office.
    (b) Process.--Mediation under this section--
            (1) may include the Office, the covered employee, the
        employing office, and one or more individuals appointed by the
        Executive Director after considering recommendations by
        [[Page 109 STAT. 33]] organizations composed primarily of
        individuals experienced in adjudicating or arbitrating personnel
        matters, and
            (2) shall involve meetings with the parties separately or
        jointly for the purpose of resolving the dispute between the
        covered employee and the employing office.

    (c) Mediation Period.--The mediation period shall be 30 days
beginning on the date the request for mediation is received. The
mediation period may be extended for additional periods at the joint
request of the covered employee and the employing office. The Office
shall notify in writing the NOTE: Notification. covered employee and
the employing office when the mediation period has ended.

    (d) Independence of Mediation Process.--No individual, who is
appointed by the Executive Director to mediate, may conduct or aid in a
hearing conducted under section 405 with respect to the same matter or
shall be subject to subpoena or any other compulsory process with
respect to the same matter.

NOTE: 2 USC 1404. SEC. 404. ELECTION OF PROCEEDING.

    Not later than 90 days after a covered employee receives notice of
the end of the period of mediation, but no sooner than 30 days after
receipt of such notification, such covered employee may either--
            (1) file a complaint with the Office in accordance with
        section 405, or
            (2) file a civil action in accordance with section 408 in
        the United States district court for the district in which the
        employee is employed or for the District of Columbia.

NOTE: 2 USC 1405. SEC. 405. COMPLAINT AND HEARING.

    (a) In General.--A covered employee may, upon the completion of
mediation under section 403, file a complaint with the Office. The
respondent to the complaint shall be the employing office--
            (1) involved in the violation, or
            (2) in which the violation is alleged to have occurred,

and about which mediation was conducted.
    (b) Dismissal.--A hearing officer may dismiss any claim that the
hearing officer finds to be frivolous or that fails to state a claim
upon which relief may be granted.
    (c) Hearing Officer.--
            (1) Appointment.--Upon the filing of a complaint, the
        Executive Director shall appoint an independent hearing officer
        to consider the complaint and render a decision. No Member of
        the House of Representatives, Senator, officer of either the
        House of Representatives or the Senate, head of an employing
        office, member of the Board, or covered employee may be
        appointed to be a hearing officer. The Executive Director shall
        select hearing officers on a rotational or random basis from the
        lists developed under paragraph (2). Nothing in this section
        shall prevent the appointment of hearing officers as full-time
        employees of the Office or the selection of hearing officers on
        the basis of specialized expertise needed for particular
        matters.
            (2) Lists.--The Executive Director shall develop master
        lists, composed of--
                    (A) members of the bar of a State or the District of
                Columbia and retired judges of the United States courts
                who are experienced in adjudicating or arbitrating the
                [[Page 109 STAT. 34]] kinds of personnel and other
                matters for which hearings may be held under this Act,
                and
                    (B) individuals expert in technical matters relating
                to accessibility and usability by persons with
                disabilities or technical matters relating to
                occupational safety and health.
        In developing lists, the Executive Director shall consider
        candidates recommended by the Federal Mediation and Conciliation
        Service or the Administrative Conference of the United States.

    (d) Hearing.--Unless a complaint is dismissed before a hearing, a
hearing shall be--
        NOTE: Records.     (1) conducted in closed session on the
        record by the hearing officer;
            (2) commenced no later than 60 days after filing of the
        complaint under subsection (a), except that the Office may, for
        good cause, extend up to an additional 30 days the time for
        commencing a hearing; and
            (3) conducted, except as specifically provided in this Act
        and to the greatest extent practicable, in accordance with the
        principles and procedures set forth in sections 554 through 557
        of title 5, United States Code.

    (e) Discovery.--Reasonable prehearing discovery may be permitted at
the discretion of the hearing officer.
    (f) Subpoenas.--
            (1) In general.--At the request of a party, a hearing
        officer may issue subpoenas for the attendance of witnesses and
        for the production of correspondence, books, papers, documents,
        and other records. The attendance of witnesses and the
        production of records may be required from any place within the
        United States. Subpoenas shall be served in the manner provided
        under rule 45(b) of the Federal Rules of Civil Procedure.
            (2) Objections.--If a person refuses, on the basis of
        relevance, privilege, or other objection, to testify in response
        to a question or to produce records in connection with a
        proceeding before a hearing officer, the hearing officer shall
        rule on the objection. At the request of the witness or any
        party, the hearing officer shall (or on the hearing officer's
        own initiative, the hearing officer may) refer the ruling to the
        Board for review.
            (3) Enforcement.--
                    (A) In general.--If a person fails to comply with a
                subpoena, the Board may authorize the General Counsel to
                apply, in the name of the Office, to an appropriate
                United States district court for an order requiring that
                person to appear before the hearing officer to give
                testimony or produce records. The application may be
                made within the judicial district where the hearing is
                conducted or where that person is found, resides, or
                transacts business. Any failure to obey a lawful order
                of the district court issued pursuant to this section
                may be held by such court to be a civil contempt
                thereof.
                    (B) Service of process.--Process in an action or
                contempt proceeding pursuant to subparagraph (A) may be
                served in any judicial district in which the person
                refusing or failing to comply, or threatening to refuse
                or not to [[Page 109 STAT. 35]] comply, resides,
                transacts business, or may be found, and subpoenas for
                witnesses who are required to attend such proceedings
                may run into any other district.

    (g) Decision.--The hearing officer shall issue a written decision as
expeditiously as possible, but in no case more than 90 days after the
conclusion of the hearing. The written decision shall be transmitted by
the Office to the parties. The decision shall state the issues raised in
the complaint, describe the evidence in the record, contain findings of
fact and conclusions of law, contain a determination of whether a
violation has occurred, and order such remedies as are appropriate
pursuant to NOTE: Records. title II. The decision shall be entered
in the records of the Office. If a decision is not appealed under
section 406 to the Board, the decision shall be considered the final
decision of the Office.

    (h) Precedents.--A hearing officer who conducts a hearing under this
section shall be guided by judicial decisions under the laws made
applicable by section 102 and by Board decisions under this Act.

NOTE: 2 USC 1406. SEC. 406. APPEAL TO THE BOARD.

    (a) In General.--Any party aggrieved by the decision of a hearing
officer under section 405(g) may file a petition for review by the Board
not later than 30 days after entry of the decision in the records of the
Office.
    (b) Parties' Opportunity To Submit Argument.--The parties to the
hearing upon which the decision of the hearing officer was made shall
have a reasonable opportunity to be heard, through written submission
and, in the discretion of the Board, through oral argument.
    (c) Standard of Review.--The Board shall set aside a decision of a
hearing officer if the Board determines that the decision was--
            (1) arbitrary, capricious, an abuse of discretion, or
        otherwise not consistent with law;
            (2) not made consistent with required procedures; or
            (3) unsupported by substantial evidence.

    (d) Record.--In making determinations under subsection (c), the
Board shall review the whole record, or those parts of it cited by a
party, and due account shall be taken of the rule of prejudicial error.
    (e) Decision.--The Board shall issue a written decision setting
forth the reasons for its decision. The decision may affirm, reverse, or
remand to the hearing officer for further proceedings.
A NOTE: Records. decision that does not require further proceedings
before a hearing officer shall be entered in the records of the Office
as a final decision.

NOTE: 2 USC 1407. SEC. 407. JUDICIAL REVIEW OF BOARD DECISIONS AND
            ENFORCEMENT.

    (a) Jurisdiction.--
            (1) Judicial review.--The United States Court of Appeals for
        the Federal Circuit shall have jurisdiction over any proceeding
        commenced by a petition of--
                    (A) a party aggrieved by a final decision of the
                Board under section 406(e) in cases arising under part A
                of title II,
                    (B) a charging individual or a respondent before the
                Board who files a petition under section 210(d)(4),
                    (C) the General Counsel or a respondent before the
                Board who files a petition under section 215(c)(5),
                or [[Page 109 STAT. 36]]
                    (D) the General Counsel or a respondent before the
                Board who files a petition under section 220(c)(3).
        The court of appeals shall have exclusive jurisdiction to set
        aside, suspend (in whole or in part), to determine the validity
        of, or otherwise review the decision of the Board.
            (2) Enforcement.--The United States Court of Appeals for the
        Federal Circuit shall have jurisdiction over any petition of the
        General Counsel, filed in the name of the Office and at the
        direction of the Board, to enforce a final decision under
        section 405(g) or 406(e) with respect to a violation of part A,
        B, C, or D of title II.

    (b) Procedures.--
            (1) Respondents.--(A) In any proceeding commenced by a
        petition filed under subsection (a)(1) (A) or (B), or filed by a
        party other than the General Counsel under subsection (a)(1) (C)
        or (D), the Office shall be named respondent and any party
        before the Board may be named respondent by filing a notice of
        election with the court within 30 days after service of the
        petition.
            (B) In any proceeding commenced by a petition filed by the
        General Counsel under subsection (a)(1) (C) or (D), the
        prevailing party in the final decision entered under section
        406(e) shall be named respondent, and any other party before the
        Board may be named respondent by filing a notice of election
        with the court within 30 days after service of the petition.
            (C) In any proceeding commenced by a petition filed under
        subsection (a)(2), the party under section 405 or 406 that the
        General Counsel determines has failed to comply with a final
        decision under section 405(g) or 406(e) shall be named
        respondent.
            (2) Intervention.--Any party that participated in the
        proceedings before the Board under section 406 and that was not
        made respondent under paragraph (1) may intervene as of right.

    (c) Law Applicable.--Chapter 158 of title 28, United States Code,
shall apply to judicial review under paragraph (1) of subsection (a),
except that--
            (1) with respect to section 2344 of title 28, United States
        Code, service of a petition in any proceeding in which the
        Office is a respondent shall be on the General Counsel rather
        than on the Attorney General;
            (2) the provisions of section 2348 of title 28, United
        States Code, on the authority of the Attorney General, shall not
        apply;
            (3) the petition for review shall be filed not later than 90
        days after the entry in the Office of a final decision under
        section 406(e); and
            (4) the Office shall be an "agency" as that term is used
        in chapter 158 of title 28, United States Code.

    (d) Standard of Review.--To the extent necessary for decision in a
proceeding commenced under subsection (a)(1) and when presented, the
court shall decide all relevant questions of law and interpret
constitutional and statutory provisions. The court shall set aside a
final decision of the Board if it is determined that the decision was--
            (1) arbitrary, capricious, an abuse of discretion, or
        otherwise not consistent with law; [[Page 109 STAT. 37]]
            (2) not made consistent with required procedures; or
            (3) unsupported by substantial evidence.

    (e) Record.--In making determinations under subsection (d), the
court shall review the whole record, or those parts of it cited by a
party, and due account shall be taken of the rule of prejudicial error.

NOTE: 2 USC 1408. SEC. 408. CIVIL ACTION.

    (a) Jurisdiction.--The district courts of the United States shall
have jurisdiction over any civil action commenced under section 404 and
this section by a covered employee who has completed counseling under
section 402 and mediation under section 403. A civil action may be
commenced by a covered employee only to seek redress for a violation for
which the employee has completed counseling and mediation.
    (b) Parties.--The defendant shall be the employing office alleged to
have committed the violation, or in which the violation is alleged to

    (c) Jury Trial.--Any party may demand a jury trial where a jury
trial would be available in an action against a private defendant under
the relevant law made applicable by this Act. In any case in which a
violation of section 201 is alleged, the court shall not inform the jury
of the maximum amount of compensatory damages available under section
201(b)(1) or 201(b)(3).

NOTE: 2 USC 1409. SEC. 409. JUDICIAL REVIEW OF REGULATIONS.

    In any proceeding brought under section 407 or 408 in which the
application of a regulation issued under this Act is at issue, the court
may review the validity of the regulation in accordance with the
provisions of subparagraphs (A) through (D) of section 706(2) of title
5, United States Code, except that with respect to regulations approved
by a joint resolution under section 304(c), only the provisions of
section 706(2)(B) of title 5, United States Code, shall apply. If the
court determines that the regulation is invalid, the court shall apply,
to the extent necessary and appropriate, the most relevant substantive
executive agency regulation promulgated to implement the statutory
provisions with respect to which the invalid regulation was issued.
Except as provided in this section, the validity of regulations issued
under this Act is not subject to judicial review.

NOTE: 2 USC 1410. SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED.

    Except as expressly authorized by sections 407, 408, and 409, the
compliance or noncompliance with the provisions of this Act and any
action taken pursuant to this Act shall not be subject to judicial
review.

NOTE: 2 USC 1411. SEC. 411. EFFECT OF FAILURE TO ISSUE REGULATIONS.

    In any proceeding under section 405, 406, 407, or 408, except a
proceeding to enforce section 220 with respect to offices listed under
section 220(e)(2), if the Board has not issued a regulation on a matter
for which this Act requires a regulation to be issued, the hearing
officer, Board, or court, as the case may be, shall apply, to the extent
necessary and appropriate, the most relevant substantive executive
agency regulation promulgated to implement the statutory provision at
issue in the proceeding. [[Page 109 STAT. 38]]

NOTE: 2 USC 1412. SEC. 412. EXPEDITED REVIEW OF CERTAIN APPEALS.

    (a) In General.--An appeal may be taken directly to the Supreme
Court of the United States from any interlocutory or final judgment,
decree, or order of a court upon the constitutionality of any provision
of this Act.
    (b) Jurisdiction.--The Supreme Court shall, if it has not previously
ruled on the question, accept jurisdiction over the appeal referred to
in subsection (a), advance the appeal on the docket, and expedite the
appeal to the greatest extent possible.

NOTE: 2 USC 1413. SEC. 413. PRIVILEGES AND IMMUNITIES.

    The authorization to bring judicial proceedings under sections
405(f)(3), 407, and 408 shall not constitute a waiver of sovereign
immunity for any other purpose, or of the privileges of any Senator or
Member of the House of Representatives under article I, section 6,
clause 1, of the Constitution, or a waiver of any power of either the
Senate or the House of Representatives under the Constitution, including
under article I, section 5, clause 3, or under the rules of either House
relating to records and information within its jurisdiction.

NOTE: 2 USC 1414. SEC. 414. SETTLEMENT OF COMPLAINTS.

    Any settlement entered into by the parties to a process described in
section 210, 215, 220, or 401 shall be in writing and not become
effective unless it is approved by the Executive Director. Nothing in
this Act shall affect the power of the Senate and the House of
Representatives, respectively, to establish rules governing the process
by which a settlement may be entered into by such House or by any
employing office of such House.

NOTE: Appropriation authorization. 2 USC 1415. SEC. 415. PAYMENTS.

    (a) Awards and Settlements.--Except as provided in subsection (c),
only funds which are appropriated to an account of the Office in the
Treasury of the United States for the payment of awards and settlements
may be used for the payment of awards and settlements under this Act.
There are authorized to be appropriated for such account such sums as
may be necessary to pay such awards and settlements. Funds in the
account are not available for awards and settlements involving the
General Accounting Office, the Government Printing Office, or the
Library of Congress.
    (b) Compliance.--Except as provided in subsection (c), there are
authorized to be appropriated such sums as may be necessary for
administrative, personnel, and similar expenses of employing offices
which are needed to comply with this Act.
    (c) OSHA, Accommodation, and Access Requirements.--Funds to correct
violations of section 201(a)(3), 210, or 215 of this Act may be paid
only from funds appropriated to the employing office or entity
responsible for correcting such violations. There are authorized to be
appropriated such sums as may be necessary for such funds.

NOTE: 2 USC 1416. SEC. 416. CONFIDENTIALITY.

    (a) Counseling.--All counseling shall be strictly confidential,
except that the Office and a covered employee may agree to notify the
employing office of the allegations.
    (b) Mediation.--All mediation shall be strictly confidential.
    (c) Hearings and Deliberations.--Except as provided in subsections
(d), (e), and (f), all proceedings and deliberations of hearing
[[Page 109 STAT. 39]] officers and the Board, including any related
records, shall be confidential. This subsection shall not apply to
proceedings under section 215, but shall apply to the deliberations of
hearing officers and the Board under that section.
    (d) Release of Records for Judicial Action.--The records of hearing
officers and the Board may be made public if required for the purpose of
judicial review under section 407.
    (e) Access by Committees of Congress.--At the discretion of the
Executive Director, the Executive Director may provide to the Committee
on Standards of Official Conduct of the House of Representatives and the
Select Committee on Ethics of the Senate access to the records of the
hearings and decisions of the hearing officers and the Board, including
all written and oral testimony in the possession of the Office. The
Executive Director shall not provide such access until the Executive
Director has consulted with the individual filing the complaint at
issue, and until a final decision has been entered under section 405(g)
or 406(e).
NOTE: Public information.     (f) Final Decisions.--A final decision
entered under section 405(g) or 406(e) shall be made public if it is in
favor of the complaining covered employee, or in favor of the charging
party under section 210, or if the decision reverses a decision of a
hearing officer which had been in favor of the covered employee or
charging party. The Board may make public any other decision at its
discretion.

                    TITLE V--MISCELLANEOUS PROVISIONS

NOTE: 2 USC 1431. SEC. 501. EXERCISE OF RULEMAKING POWERS.

    The provisions of sections 102(b)(3) and 304(c) are enacted--
            (1) as an exercise of the rulemaking power of the House of
        Representatives and the Senate, respectively, and as such they
        shall be considered as part of the rules of such House,
        respectively, and such rules shall supersede other rules only to
        the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of
        either House to change such rules (so far as relating to such
        House) at any time, in the same manner, and to the same extent
        as in the case of any other rule of each House.

NOTE: 2 USC 1432. SEC. 502. POLITICAL AFFILIATION AND PLACE OF
            RESIDENCE.

    (a) In General.--It shall not be a violation of any provision of
section 201 to consider the--
            (1) party affiliation;
            (2) domicile; or
            (3) political compatibility with the employing office;

of an employee referred to in subsection (b) with respect to employment
decisions.
    (b) Definition.--For purposes of subsection (a), the term
"employee" means--
            (1) an employee on the staff of the leadership of the House
        of Representatives or the leadership of the Senate;
            (2) an employee on the staff of a committee or subcommittee
        of--
                    (A) the House of Representatives;
                    (B) the Senate; or
                    (C) a joint committee of the
        Congress; [[Page 109 STAT. 40]]
            (3) an employee on the staff of a Member of the House of
        Representatives or on the staff of a Senator;
            (4) an officer of the House of Representatives or the Senate
        or a congressional employee who is elected by the House of
        Representatives or Senate or is appointed by a Member of the
        House of Representatives or by a Senator (in addition an
        employee described in paragraph (1), (2), or (3)); or
            (5) an applicant for a position that is to be occupied by an
        individual described in any of paragraphs (1) through (4).

NOTE: 2 USC 1433. SEC. 503. NONDISCRIMINATION RULES OF THE HOUSE AND
            SENATE.

    The Select Committee on Ethics of the Senate and the Committee on
Standards of Official Conduct of the House of Representatives retain
full power, in accordance with the authority provided to them by the
Senate and the House, with respect to the discipline of Members,
officers, and employees for violating rules of the Senate and the House
on nondiscrimination in employment.

SEC. 504. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Civil Rights Remedies.--
            (1) Sections 301 and 302 of the Government Employee Rights
        Act of 1991 (2 U.S.C. 1201 and 1202) are amended to read as
        follows:

"SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.

    "(a) Short Title.--This title may be cited as the `Government
Employee Rights Act of 1991'.
    "(b) Purpose.--The purpose of this title is to provide procedures
to protect the rights of certain government
employees, with respect to their public employment, to be free of
discrimination on the basis of race, color, religion, sex, national
origin, age, or disability.

    "(c) Definition.--For purposes of this title, the term `violation'
means a practice that violates section 302(a) of this title.

"SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.

    "(a) Practices.--All personnel actions affecting the Presidential
appointees described in section 303 or the State employees described in
section 304 shall be made free from any discrimination based on--
            "(1) race, color, religion, sex, or national origin, within
        the meaning of section 717 of the Civil Rights Act of 1964 (42
        U.S.C. 2000e-16);
            "(2) age, within the meaning of section 15 of the Age
        Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
            "(3) disability, within the meaning of section 501 of the
        Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102
        through 104 of the Americans with Disabilities Act of 1990 (42
        U.S.C. 12112-14).

    "(b) Remedies.--The remedies referred to in sections 303(a)(1) and
304(a)--
            "(1) may include, in the case of a determination that a
        violation of subsection (a)(1) or (a)(3) has occurred, such
        remedies as would be appropriate if awarded under sections
        706(g), 706(k), and 717(d) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e-5(g), 2000e-5(k), 2000e-16(d)), and such
        compensatory damages as would be appropriate if awarded under
        section [[Page 109 STAT. 41]] 1977 or sections 1977A(a) and
        1977A(b)(2) of the Revised Statutes (42 U.S.C. 1981 and 1981a
        (a) and (b)(2));
            "(2) may include, in the case of a determination that a
        violation of subsection (a)(2) has occurred, such remedies as
        would be appropriate if awarded under section 15(c) of the Age
        Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c));
        and
            "(3) may not include punitive damages.".
            (2) Sections 303 through 319, and sections 322, 324, and 325
        of the Government Employee Rights Act of 1991 (2 U.S.C. 1203-
        1218, 1221, 1223, and 1224) are repealed, except as provided in
        section 506 of this Act.
            (3) Sections 320 and 321 of the Government Employee Rights
        Act of 1991 (2 U.S.C. 1219 and 1220) are redesignated as
        sections 303 and 304, respectively.
            (4) Sections 303 and 304 of the Government Employee Rights
        Act of 1991, as so redesignated, are each amended by striking
        "and 307(h) of this title".
            (5) Section 1205 of the Supplemental Appropriations Act of
        1993 (2 U.S.C. 1207a) is repealed, except as provided in section
        506 of this Act.

    (b) Family and Medical Leave Act of 1993.--Title V of the Family and
Medical Leave Act of 1993 (2 U.S.C. 60m et seq.) is repealed, except as
provided in section 506 of this Act.
    (c) Architect of the Capitol.--
            (1) Repeal.--Section 312(e) of the Architect of the Capitol
        Human Resources Act NOTE: 40 USC 166b-7. (Public Law 103-
        283; 108 Stat. 1444) is repealed, except as provided in section
        506 of this Act.
        NOTE: 31 USC 1751 note.     (2) Application of general
        accounting office personnel act of 1980.--The provisions of
        sections 751, 753, and 755 of title 31, United States Code,
        amended by section 312(e) of the Architect of the Capitol Human
        Resources Act, shall be applied and administered as if such
        section 312(e) (and the amendments made by such section) had not
        been enacted.

NOTE: 2 USC 1434. SEC. 505. JUDICIAL BRANCH COVERAGE STUDY.

NOTE: Reports.     The Judicial Conference of the United States
shall prepare a report for submission by the Chief Justice of the United
States to the Congress on the application to the judicial branch of the
Federal Government of--
            (1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
        seq.);
            (2) title VII of the Civil Rights Act of 1964 (42 U.S.C.
        2000e et seq.);
            (3) the Americans with Disabilities Act of 1990 (42 U.S.C.
        12101 et seq.);
            (4) the Age Discrimination in Employment Act of 1967 (29
        U.S.C. 621 et seq.);
            (5) the Family and Medical Leave Act of 1993 (29 U.S.C. 2611
        et seq.);
            (6) the Occupational Safety and Health Act of 1970 (29
        U.S.C. 651 et seq.);
            (7) chapter 71 (relating to Federal service labor-management
        relations) of title 5, United States Code;
            (8) the Employee Polygraph Protection Act of 1988 (29 U.S.C.
        2001 et seq.); [[Page 109 STAT. 42]]
            (9) the Worker Adjustment and Retraining Notification Act
        (29 U.S.C. 2101 et seq.);
            (10) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
        and
            (11) chapter 43 (relating to veterans' employment and
        reemployment) of title 38, United States Code.

The report shall be submitted to Congress not later than December 31,
1996, and shall include any recommendations the Judicial Conference may
have for legislation to provide to employees of the judicial branch the
rights, protections, and procedures under the listed laws, including
administrative and judicial relief, that are comparable to those
available to employees of the legislative branch under titles I through
IV of this Act.

NOTE: 2 USC 1435. SEC. 506. SAVINGS PROVISIONS.

    (a) Transition Provisions for Employees of the House of
Representatives and of the Senate.--
            (1) Claims arising before effective date.--If, as of the
        date on which section 201 takes effect, an employee of the
        Senate or the House of Representatives has or could have
        requested counseling under section 305 of the Government
        Employees Rights Act of 1991 (2 U.S.C. 1205) or Rule LI of the
        House of Representatives, including counseling for alleged
        violations of family and medical leave rights under title V of
        the Family and Medical Leave Act of 1993, the employee may
        complete, or initiate and complete, all procedures under the
        Government Employees Rights Act of 1991 and Rule LI, and the
        provisions of that Act and Rule shall remain in effect with
        respect to, and provide the exclusive procedures for, those
        claims until the completion of all such procedures.
            (2) Claims arising between effective date and opening of
        office.--If a claim by an employee of the Senate or House of
        Representatives arises under section 201 or 202 after the
        effective date of such sections, but before the opening of the
        Office for receipt of requests for counseling or mediation under
        sections 402 and 403, the provisions of the Government Employees
        Rights Act of 1991 (2 U.S.C. 1201 et seq.) and Rule LI of the
        House of Representatives relating to counseling and mediation
        shall remain in effect, and the employee may complete under that
        Act or Rule the requirements for counseling and mediation under
        sections 402 and 403. If, after counseling and mediation is
        completed, the Office has not yet opened for the filing of a
        timely complaint under section 405, the employee may elect--
                    (A) to file a complaint under section 307 of the
                Government Employees Rights Act of 1991 (2 U.S.C. 1207)
                or Rule LI of the House of Representatives, and
                thereafter proceed exclusively under that Act or Rule,
                the provisions of which shall remain in effect until the
                completion of all proceedings in relation to the
                complaint, or
                    (B) to commence a civil action under section 408.
            (3) Section 1205 of the supplemental appropriations act of
        1993.--With respect to payments of awards and settlements
        relating to Senate employees under paragraph (1) of this
        subsection, section 1205 of the Supplemental Appropriations Act
        of 1993 (2 U.S.C. 1207a) remains in
effect. [[Page 109 STAT. 43]]

    (b) Transition Provisions for Employees of the Architect of the
Capitol.---
            (1) Claims arising before effective date.--If, as of the
        date on which section 201 takes effect, an employee of the
        Architect of the Capitol has or could have filed a charge or
        complaint regarding an alleged violation of section 312(e)(2) of
        the Architect of the Capitol Human Resources Act (Public Law
        103-283), the employee may complete, or initiate and complete,
        all procedures under section 312(e) of that Act, the provisions
        of which shall remain in effect with respect to, and provide the
        exclusive procedures for, that claim until the completion of all
        such procedures.
            (2) Claims arising between effective date and opening of
        office.--If a claim by an employee of the Architect of the
        Capitol arises under section 201 or 202 after the effective date
        of those provisions, but before the opening of the Office for
        receipt of requests for counseling or mediation under sections
        402 and 403, the employee may satisfy the requirements for
        counseling and mediation by exhausting the requirements
        prescribed by the Architect of the Capitol in accordance with
        section 312(e)(3) of the Architect of the Capitol Human
        Resources Act (Public Law 103-283). If, after exhaustion of
        those requirements the Office has not yet opened for the filing
        of a timely complaint under section 405, the employee may
        elect--
                    (A) to file a charge with the General Accounting
                Office Personnel Appeals Board pursuant to section
                312(e)(3) of the Architect of the Capitol Human
                Resources Act (Public Law 103-283), and thereafter
                proceed exclusively under section 312(e) of that Act,
                the provisions of which shall remain in effect until the
                completion of all proceedings in relation to the charge,
                or
                    (B) to commence a civil action under section 408.

    (c) Transition Provision Relating To Matters Other Than Employment
Under Section 509 of the Americans With Disabilities Act of 1990.--With
respect to matters other than employment under section 509 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12209), the rights,
protections, remedies, and procedures of section 509 of such Act shall
remain in effect until section 210 of this Act takes effect with respect
to each of the entities covered by section 509 of such Act.

NOTE: 2 USC 1436. SEC. 507. USE OF FREQUENT FLYER MILES.

    (a) Limitation on the Use of Travel Awards.--Notwithstanding any
other provision of law, or any rule, regulation, or other authority, any
travel award that accrues by reason of official travel of a Member,
officer, or employee of the Senate shall be considered the property of
the office for which the travel was performed and may not be converted
to personal use.
    (b) Regulations.--The Committee on Rules and Administration of the
Senate shall have authority to prescribe regulations to carry out this
section.
    (c) Definitions.--As used in this section--
            (1) the term "travel award" means any frequent flyer,
        free, or discounted travel, or other travel benefit, whether
        awarded by coupon, membership, or otherwise;
        and [[Page 109 STAT. 44]]
            (2) the term "official travel" means travel engaged in the
        course of official business of the Senate.

NOTE: 2 USC 1437. SEC. 508. SENSE OF SENATE REGARDING ADOPTION OF
            SIMPLIFIED AND STREAMLINED ACQUISITION PROCEDURES FOR SENATE
            ACQUISITIONS.

    It is the sense of the Senate that the Committee on Rules and
Administration of the Senate should review the rules applicable to
purchases by Senate offices to determine whether they are consistent
with the acquisition simplification and streamlining laws enacted in the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-355).

NOTE: 2 USC 1438. SEC. 509. SEVERABILITY.

    If any provision of this Act or the application of such provision to
any person or circumstance is held to be invalid, the remainder of this
Act and the application of the provisions of the remainder to any person
or circumstance shall not be affected thereby.

      Approved January 23, 1995.

LEGISLATIVE HISTORY--S. 2 (H.R. 1):

CONGRESSIONAL RECORD, Vol. 141 (1995):
            Jan. 4, H.R. 1 considered and passed House.
            Jan. 5, 6, 9-11, S. 2 considered and passed Senate.
            Jan. 12, H.R. 1 considered and passed Senate, amended, in
                lieu of S. 2.
            Jan. 17, S. 2 considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
            Jan. 23, Presidential remarks.

                                 [all]

 

Questions or comments regarding this service?
Contact wwwadmin@compliance.gov.

 
Text Size Link: Extra Large Text Link: Large Text Link: Meduim Text Link: Small Text