Text: S.2 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-1 (01/23/1995)

 
[104th Congress Public Law 1]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ1.104]


[[Page 109 STAT. 3]]

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 would be 
                appropriate if awarded under sections 1977A(a)(2), 
                1977A(a)(3), 1977A(b)(2), and, irrespective of the size 
                of the employing office, 1977A(b)(3)(D) of the Revised 
                Statutes (42 U.S.C. 1981a(a)(2), 1981a(a)(3), 
                1981a(b)(2), and 1981a(b)(3)(D)).

    (c) Application to General Accounting Office, Government Printing 
Office, and Library of Congress.--
            (1) Section 717 of the civil rights act of 1964.--Section 
        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) 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 1317.>> SEC. 207. PROHIBITION OF INTIMIDATION OR REPRISAL.

    (a) In General.--It shall be unlawful for an employing office to 
intimidate, take reprisal against, or otherwise discriminate against, 
any covered employee because the covered employee has opposed any 
practice made unlawful by this Act, or because the covered employee has 
initiated proceedings, made a charge, or testified, assisted, or 
participated 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.>> 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 
have occurred.
    (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.
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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.

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